Plan Commission Minutes 2012 03-14-12
APPROVED 4/11/12
UNITED CITY OF YORKVILLE
PLAN COMMISSION
City Council Chambers
Wednesday, March 14, 2012 7:00pm
Commission Members in Attendance:
Chairman Tom Lindblom Michael Crouch
Art ProchaskaCharles Kraupner
James Weaver
Absent: Jane Winninger, Sandra Adams, Jack Jones, Jeff Baker
Other City Staff
City Administrator Bart Olson
Alderman Larry Kot
Alderman George Gilson
Krysti Barksdale-Noble, CommunityDevelopment Director
Other Guests –
See lists of attendees
Meeting Called to Order
Chairman Tom Lindblom called the meeting to order at 7:12pm.
Roll Call
Roll call was taken and a quorum was established.
Previous Meeting Minutes -
February 8, 2012
The minutes were approved on a motion by Crouch and second by Kraupner. Voice vote
approval.
Citizen’s Comments
None
Public Hearings
2. PC 2012-02 D. Construction Management, Petitioner, on behalf of
Brandon Road Properties, is requesting authorization within the R-2 One-
Family District to temporarily fill lowareas and grade portions of a site
located at the northeast and southeast corners of Fox Road and Pavilion
Road (Evergreen Farm Estates) with uncontaminated soil from roadway
projects of the State of Illinois and return to agricultural uses as allowed by
Special Use Permit in Section 10-6C02 and Section 10-6B-2 of the United City
of Yorkville City Code.
A motion was made and seconded by Commissioners Prochaska and Weaver respectively
to enter into Public Hearing. Voice vote approval. Hearing commenced at 6:13pm.
1
Chairman Lindblom swore in those who would speak.
A motion was also made to reverse the order of the agenda items. Crouch moved and
Prochaska seconded a motion to reverse the order. Voice vote approval.
Public Hearing concluded at 8:57pm on a motion by Weaver and second by Prochaska.
Voice vote approval.
(See Court Reporter’s Narrative)
Old Business
None
New Business
Same as above Public Hearing PC 2012-02.
Discussion: Chairman Lindblom said this request will come before the City Council for a
th
final vote on April 10. He then asked for comments from the Plan Commission.
Commissioner Prochaska said the proposal is well-intentioned, however, there should be
a more suitable location for holding the dirt and filling in the property for future
development. Drainage is also an issue as well as Fox Road needing improvement. The
impact will be large and two years of heavy trucks will be detrimental to the road that is
already cracking. He said there is no provision for the end result of the road.
Commissioner Weaver agreed with Mr. Prochaska and added there are too many
questions to move forward with this request. He said there is the possibility of
endangerment of public health.
Mr. Crouch said there should be a stipulation that the dirt can only come from the Rt. 47
and that only clean fill be allowed. He felt some questions asked were not clearly
answered. Other questions need defining such as how many trucks will use Fox Road
daily. Drainage is another issue according to Mr. Crouch, especially with the addition of
4 or 5 feet of dirt to the property. There is a possibility that wells could be contaminated.
He is concerned with foot traffic on Fox Road and said that it is not safe. He would like
to see the Special Use more clearly defined to answer the questions raised in this Hearing.
Commissioner Kraupner said he agreed with the other Commissioners and thanked all
attendees for their opinions.
Addressing the special use issue, Ms. Barksdale-Noble said when a development comes
before the Commission, there is a plan and traffic engineering is done, however, this type
of development has no permanent use or building and a traffic engineering study is not
required since it is a temporary use. She said there is not the usual level of detail due to
the temporary status.
Mr. Prochaska addressed the “standards” which the Commission must consider when
making a decision. Chairman Lindblom said some of the “standards” have not been met,
2
but if there is an affirmative vote, the special conditions must be attached to the Special
Use.
This Special Use request is a permitted use according to Attorney Gary Davidson and
fulfills the requirements of a Special Use under the zoning ordinance and is permitted in
the Comp Plan.
Motion
:Chairman Lindblom entertained a motion to recommend approval of
PC 2012-02 with the following staff stipulations: establish two temporary entrances,
require deposit for possible damages to Rt. 47, subject to site development plan and
sediment control plan, soil be strictly from the Rt. 47 project. So moved by Michael
Crouch and seconded by Art Prochaska.
Roll call vote: Prochaska-no, Weaver-no, Crouch-no, Kraupner-no, Lindblom-no.
Motion fails 0-5.
Due to the lateness of the hour, Mr. Prochaska moved to continue the Public Hearing for
PC 2012-01 to the next scheduled meeting. Mr. Weaver seconded the motion. Voice
vote approval.
Additional Business
None
Adjournment
The meeting was adjourned on a motion by Prochaska and second by Kraupner. Meeting
adjourned at 9:23pm.
Respectfully submitted by
Marlys Young, Minute Taker
3
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UNITED CITY OF YORKVILLE
YORKVILLE, ILLINOIS
PLAN COMMISSION MEETING
PUBLIC HEARING
800 Game Farm Road
Yorkville, Illinois
Wednesday, March 14, 2012
7:00 p.m.
D-965812
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1PRESENT:
2 Mr. Tom Lindblom, Chairman,
3 Mr. Michael Crouch,
4 Mr. Charles Kraupner,
5 Mr. Art Prochaska,
6 Mr. James Weaver.
7
8
9ALSO PRESENT:
10 Ms. Krysti Noble, Community Development
11 Director;
12 Ms. Julie Morrison, Engineering
13 Enterprises;
14 Ms. Marlys Young, Minute Taker.
15 - - -
16
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1 CHAIRMAN LINDBLOM: Entertain a motion
2
to go to public hearing.
3
MR. PROCHASKA: Moved.
4
MR. WEAVER: Second.
5
CHAIRMAN LINDBLOM: Moved and seconded. 07:08PM
6
Those in favor signify by saying aye.
7
(A chorus of ayes.)
8
CHAIRMAN LINDBLOM: Opposed?
9
(No response.)
10
CHAIRMAN LINDBLOM: Motion passes. 07:09PM
11
At this time I would like anybody
12
that thinks they're going to speak before the
13
Commission to stand, raise your right hand and
14
repeat after me.
15
(The witnesses were 07:09PM
16
thereupon duly sworn.)
17
CHAIRMAN LINDBLOM: At this time then
18
could I have a motion to reverse the agenda items
19
to bring PC 2012-02 first?
20
MR. CROUCH: So moved. 07:09PM
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MR. PROCHASKA: Second.
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CHAIRMAN LINDBLOM: Moved and seconded.
23
Those in favor?
24
(A chorus of ayes.)
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1 CHAIRMAN LINDBLOM: Opposed?
2
(No response.)
3
CHAIRMAN LINDBLOM: Okay. We will now
4
be in public hearing for PC 2012-02,
5
D. Construction Management, Petitioner, on behalf 07:10PM
6
of Brandon Road Properties, LLC, Owner, is
7
requesting authorization within the R2 One-Family
8
District to temporarily fill low areas and grade
9
portions of a site located at the northeast and
10
southeast corners of Fox Road and Pavilion Road, 07:10PM
11
Evergreen Farm Estates, with uncontaminated soil
12
from roadway projects of the State of Illinois and
13
return to agricultural uses as allowed by special
14
use permit in Section 10-6C-2 and Section 10-6B-2
15
of the United City of Yorkville City Code. 07:10PM
16
And who is here to speak on behalf
17
of the petitioner? Do you wish to move to the
18
microphone and the podium?
19
MR. DAVIDSON: Yes.
20
CHAIRMAN LINDBLOM: And then for the 07:10PM
21
record state your name.
22
MR. DAVIDSON: Thank you, Mr. Chairman.
23
Gary Davidson with the law firm of Brumund,
24
Jacobs, Hammel, Davidson & Andreano, 58 East
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1 Clinton, Suite 200, Joliet, Illinois, 60432.
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Mr. Chairman, members of the board,
3
tonight before you is petitioner's application for
4
a special use to allow for the filling of holes
5
and areas that are low on what is formerly the 07:11PM
6
Evergreen Farm parcel.
7
I understand from the number of
8
people here that there are a number of questions
9
and concerns, and I actually had an opportunity to
10
see the flyer because I grew up in Fox Lawn, so my 07:11PM
11
mom got the flyer so she sent it over to me and
12
wondered what I was involved in.
13
And I grew up in Fox Lawn at a time
14
when the only subdivisions out on Fox Road were
15
the Pavilion Heights and Fox Lawn subdivisions. 07:11PM
16
So there are a number of myths
17
associated with what's going on here, put very
18
simply, and then I'm going to just allow questions
19
to be answered because you are not here to listen
20
to me, we are here to answer your questions, and 07:12PM
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we want to make sure that you understand that
22
we're here to become a part of this community and
23
make the community better.
24
And this is not a dump. We are
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1 simply doing the following: We are moving dirt
2
from one area of Yorkville and placing that dirt
3
in another area of Yorkville.
4
The placing of that dirt on that
5
site is in conformance with the Comprehensive Plan 07:12PM
6
of the City of Yorkville and the city plan in that
7
in 2006 the Planning and Zoning Commission and the
8
City Council approved an annexation agreement for
9
the development of that site, and in order to
10
develop that site, for those who may not know 07:12PM
11
about the development process, you are required
12
to bring in dirt to level the area, so much like
13
the area that's actually immediately across from
14
this site -- it was some of my best bullfrog
15
hunting grounds when I was growing up as a kid 07:13PM
16
because there was depressional areas -- when that
17
subdivision was built, dirt had to be brought in,
18
clean dirt, spread out, and then homes were
19
allowed to be built.
20
So in order to effectuate the 07:13PM
21
orderly development of Yorkville and in order to
22
effectuate the development of Route 47 and the
23
expansion of Route 47, it's necessary to take that
24
dirt and move it off-site to an area that is
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1 suitable for that dirt, and this particular site
2
is in need of clean fill in order for us to have
3
that as a residential zoning area at such time as
4
the economy improves and a developer can come in
5
there and develop the 77-unit subdivision that was 07:14PM
6
previously brought before the Council back in
7
2006.
8
So with all that being said, I know
9
that we've probably got a lot of questions. What
10
we're here for tonight is a special use, not site 07:14PM
11
development. I noticed that a number of the
12
questions are site development related.
13
Obviously that's within the
14
discretion of the Chair for us to address those
15
issues tonight. Since all of you folks are here, 07:14PM
16
there's no reason that we can't speak to some of
17
those issues, and I'll leave it up to the Chair as
18
to, you know, which ones that you -- you know, how
19
far along we go with respect to that.
20
CHAIRMAN LINDBLOM: Anything else then 07:14PM
21
from the petitioner at this time?
22
MR. DAVIDSON: Nothing at this time.
23
The Staff recommendations are in your packet, as
24
well as our responses to all of the questions that
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1 were previously brought about by the Plan
2
Commission.
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CHAIRMAN LINDBLOM: Okay. I'm going to
4
recommend that the sheets that were passed out --
5
There is 20 questions on here. Shall we save 07:15PM
6
maybe some time and energy and maybe run through
7
those questions and then see if others surface
8
after that?
9
MR. DAVIDSON: Yeah.
10
CHAIRMAN LINDBLOM: Is that acceptable 07:15PM
11
to you?
12
MR. DAVIDSON: What I'm going to do is
13
I'm going to have David Schultz from HR Green,
14
which is our engineering and planning firm that is
15
helping us, address those questions, and perhaps I 07:15PM
16
will chime in when I think it's legal in nature.
17
CHAIRMAN LINDBLOM: Okay. I'll run
18
through these. I see a hand up. Yes, ma'am.
19
MS. FISCHER: Do you have copies --
20
CHAIRMAN LINDBLOM: Excuse me. Stand 07:15PM
21
and raise your hand, please. Stand and state your
22
name.
23
MS. FISCHER: Julie Fischer. Not
24
everyone has a copy of these 20 questions.
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1 CHAIRMAN LINDBLOM: I'll read the
2
questions so you can all hear it and then we'll
3
get the answer.
4
MS. FISCHER: We can't take notes on --
5
I just -- 07:16PM
6
CHAIRMAN LINDBLOM: Can you share with
7
somebody, please, so we can keep moving?
8
MR. PROCHASKA: Here.
9
CHAIRMAN LINDBLOM: Do we have any more
10
up here? 07:16PM
11
MR. KRAUPNER: Yeah, there is a few more
12
here.
13
MR. DAVIDSON: Here is a few copies.
14
CHAIRMAN LINDBLOM: Okay. Are we ready?
15
Question number one, Why issue a special use 07:16PM
16
permit for dumping activity in the area zoned R2
17
residential and agriculture?
18
MR. DAVIDSON: I'll tackle this and
19
then, Dave, why don't you go ahead and come in
20
from an engineering perspective? 07:17PM
21
First of all, this is not dumping,
22
this is simply filling and grading, and this
23
filling and grading is done with any residential
24
development that comes before a city in any -- in
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1 any county or in any municipality in the state of
2
Illinois.
3
There is always going to be more or
4
less filling and grading in order to develop a
5
residential subdivision, and it's in conformance 07:17PM
6
with the annexation agreement that was passed in
7
2006 in that it specifically allowed for filling
8
and grading, so for the future use and for the
9
vision that was set forth by the United City of
10
Yorkville in their Comprehensive Plan for this 07:17PM
11
area, in order to have residential R2 zoning in
12
this area, you are going to have to have clean
13
fill put in there.
14
And parenthetically I will just say
15
that in this particular case, it's almost the 07:18PM
16
ideal situation in that the Illinois Department of
17
Transportation, the Illinois IEPA, are going to be
18
monitoring because it's their project after all to
19
improve Route 47 for the citizens of Yorkville.
20
They are going to be monitoring all 07:18PM
21
of the material that's taken as it relates to that
22
Route 47 inter -- the Route 47 improvements, and
23
so, therefore, all of that is going to be tested,
24
it's going to be required to be tested by the IEPA
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1 and IDOT, and it will not be able to be placed on
2
the site.
3
And attached to the petition, as the
4
members of the planning and zoning board are well
5
aware, is a letter from Enmarc & Associates, which 07:18PM
6
actually indicates that the fill will be placed on
7
the site and the standards by which we're going to
8
determine whether or not there is -- any
9
contamination in that soil is going to exceed all
10
of the current standards. 07:19PM
11
CHAIRMAN LINDBLOM: Krysti?
12
MS. NOBLE: Sure. I'm going to respond
13
to that first question as well from the City's
14
perspective.
15
CHAIRMAN LINDBLOM: Will you please hold 07:19PM
16
your questions until we run through these and then
17
we can come back and see if we missed anything?
18
MS. NOBLE: The City's zoning ordinance
19
which applies to this property as R2 identifies
20
filling holes, pits and lowlands and 07:19PM
21
non-combustible use -- soil as an allowable
22
special use.
23
The petitioner would have been
24
allowed to do this without a public hearing had
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1 this been done in conjunction with the development
2
of the Evergreen Estates parcel.
3
In their annexation agreement, they
4
were permitted to do this type of excavating and
5
filling on the site, but it would have to be after 07:19PM
6
the preliminary plan approval, which the plan had
7
never gotten to that point, and it would have to
8
be in conjunction, as I said, with development on
9
the site.
10
So the only reason why they're 07:20PM
11
coming here is to fulfill the general R2
12
underlying zoning requirements, which would state
13
that they would need a special use for this type
14
of activity.
15
CHAIRMAN LINDBLOM: Okay. Question 07:20PM
16
number two, Why consider this permit for dumping
17
in a floodplain?
18
MR. DAVIDSON: I'll let the engineer
19
address that one.
20
MR. SCHULTZ: Again, my name is David 07:20PM
21
Schultz. I work with Evergreen here in Yorkville.
22
I'm a Yorkville resident and I've been a
23
professional engineer and worked with this company
24
for the last 16 years.
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1 The best available data that I have
2
researched regarding this project is according to
3
the FIRM maps and FEMA panels --
4
THE AUDIENCE: We can't hear. Speak up.
5
MR. SCHULTZ: Sorry. Is this on? 07:20PM
6
CHAIRMAN LINDBLOM: I don't think it's
7
on.
8
MR. SCHULTZ: Sorry about that. I guess
9
I'll speak up. May I sit?
10
CHAIRMAN LINDBLOM: Sure. 07:21PM
11
MR. SCHULTZ: Again, David Schultz, HR
12
Green, professional engineer. The best available
13
data that I have looked up on what's called a FIRM
14
map and FEMA panels that are put out regarding
15
floodplain, this property is within a Zone X, 07:21PM
16
which means there is no current study of
17
floodplain on this property, so there is no
18
floodplain delineated on this property.
19
CHAIRMAN LINDBLOM: Question number
20
three, Why consider this permit in the area with 07:21PM
21
an extreme elevation differential draining
22
directly onto the floodplain?
23
Of which it was just determined
24
there was not a floodplain, but in essence,
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1 draining somewhere.
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MR. SCHULTZ: We are currently zoned for
3
residential, as we had heard. This is part of the
4
land development process for this parcel. Again,
5
we not draining directly into a floodplain unless 07:22PM
6
you call the Fox River, which is floodplain.
7
But all sediment and erosion control
8
measures would be provided on this property just
9
as traditional land development would be.
10
CHAIRMAN LINDBLOM: Okay. I don't think 07:22PM
11
you have anything for that.
12
MS. NOBLE: No.
13
CHAIRMAN LINDBLOM: Item four, Why would
14
you allow heavy truck traffic through a
15
residential area on one of the few good roads we 07:22PM
16
have?
17
MR. DAVIDSON: I'll address -- I'll
18
address part of that and then I'll let Dave
19
address the other half of that.
20
We're going to be required, and D. 07:22PM
21
Construction and Brandon Road Properties takes
22
very seriously their obligation, to post money
23
with the City for any damage that's done to the
24
roadway.
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1 However, what is important to
2
understand is that we're going to be obligated and
3
we're going to be required to observe the road
4
load limits as it relates to Fox Road, so all
5
vehicles that are going to travel on Fox Road are 07:23PM
6
going to be at or below the load limits required
7
for Fox Road as determined by the guys that can
8
run the numbers, the engineers. I don't pretend
9
to be able to do that. But those all will be
10
governed by that standard. Now, again -- 07:23PM
11
MR. OLSON: Do you want this?
12
MR. DAVIDSON: Thanks. I don't think
13
I'll have a problem. Dave might. Again, it's
14
important to realize that this is an Illinois
15
Department of Transportation project which is 07:23PM
16
necessary for the orderly development of our
17
community, Yorkville, and so the Illinois
18
Department of Transportation is going to be
19
heavily involved with people on-site that are
20
going to be monitoring my client and monitoring 07:24PM
21
what's going on out on that project, and then Dave
22
with respect to just the general engineering of
23
it.
24
MR. SCHULTZ: And also just to follow-up
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1 with that, this is a county road which also has
2
city limits up to I believe River's Edge, so it is
3
a shared municipal use between City of Yorkville
4
and Kendall County.
5
And again, what Gary had said, this 07:24PM
6
is posted -- post-weight, so we have to monitor
7
that and stay within the posted weights of this
8
road, and again, it's a county highway.
9
MS. NOBLE: To further address that
10
comment, Fox Road is not a posted road, so the 07:24PM
11
maximum is 8,000 pounds. That's any state road.
12
Also what's key to remember is this
13
is a public road. We cannot limit public traffic
14
on a public road. What we can do is make sure
15
that it is not an overweight capacity with each 07:25PM
16
truck that goes by, and we will be monitoring
17
that.
18
We will not be issuing any
19
overweight permits. I've gotten confirmation from
20
the County that they will not be issuing any 07:25PM
21
overweight vehicle permits for this road, so it
22
will meet capacity of what it was designed to do,
23
which is carry a load of 80,000 pounds per -- not
24
axle, but per --
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1 MR. SCHULTZ: Unit.
2
MS. NOBLE: -- per vehicle.
3
Also, the County has jurisdiction
4
over them getting a permit to access the site, not
5
the City, but the County does, and if the County 07:25PM
6
issues that permit, we cannot restrict any public
7
vehicle, any vehicle, using the roadway.
8
They have been cooperative with the
9
City and willing to put up a security for any
10
damage, extreme damage, that they could possibly 07:26PM
11
do in this situation, and we will be -- the City
12
and the City engineering consultant will be
13
reviewing the more specific site plan as they move
14
forward with this to determine what that bonding
15
or security would be. 07:26PM
16
CHAIRMAN LINDBLOM: Okay. Question
17
number five, What guarantee of restoration back to
18
ag use is there at the end of this project
19
considering the City's backsliding on bond
20
protection and other developments in the City? 07:26PM
21
MR. DAVIDSON: Well, we don't have any
22
present intent to develop this as residential
23
lots, and, quite frankly, I would like to say that
24
we would hope that we could sell this property and
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1 sell it to a residential developer at the end of
2
the one to two-year period and have housing out on
3
that site, so there is no guarantee that it
4
would -- We want it to go back to agriculture
5
because we want to be taxed on agriculture and it 07:27PM
6
is agriculture, but as it relates to the future
7
use of the site, the future use of the site is
8
clearly residential.
9
Now, because Yorkville has more
10
platted undeveloped lots than almost every city in 07:27PM
11
the entire Midwest, I don't know if that's in the
12
near future, but we don't know.
13
CHAIRMAN LINDBLOM: Okay. Question six,
14
What guarantees do property owners have that this
15
dumping project will not adversely affect their 07:27PM
16
property values?
17
MR. DAVIDSON: The -- Again, it's simply
18
not a dumping area, we are filling and grading, so
19
we are taking a property which is unimproved and
20
we're effectively moving it down the road of 07:28PM
21
entitlement to make it more valuable for a future
22
developer of that site and to make it in
23
conformance with residential zoning and make it --
24
you know, make it in conformance so that
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1 residential zoning can be there.
2
To the extent that housing is placed
3
on that site, there is all sorts of empirical data
4
that suggests that if your subdivision is located
5
next to a developed site, your property values are 07:28PM
6
going to go up and not down.
7
CHAIRMAN LINDBLOM: Okay. Item seven,
8
Why is it the City's responsibility to issue a
9
special use permit to D. Construction for this
10
project, question mark. D. Construction can find 07:28PM
11
an off-site location that is already zoned
12
industrial or is compatible with this type of use.
13
MR. DAVIDSON: That's actually in my
14
opinion a decision for this Planning and Zoning
15
Commission. You have the standards by which it is 07:29PM
16
obligatory to issue a special use permit if we
17
satisfy the criteria set forth in the ordinance,
18
but I will leave that to the members of this board
19
to make that determination.
20
MS. NOBLE: The function of the special 07:29PM
21
use is the City has designated uses that they deem
22
appropriate in the zoning category, but would like
23
further control over how those uses are developed
24
or operated within that certain category, so it's
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1 already a permitted, identified use as a special
2
use in the residential zoning, so the City at some
3
point in creating its zoning ordinance felt like
4
this was an appropriate and compatible use in a
5
residential district. 07:29PM
6
CHAIRMAN LINDBLOM: Okay. Number
7
eight -- I think maybe we've answered this
8
already, but I will read it -- Why would the city
9
allow Fox Road to be further impacted by a steady
10
stream of dump trucks, accelerating the demise of 07:30PM
11
the road, especially considering the fact that the
12
River Road closing is already putting an extra
13
strain of traffic on Fox Road?
14
MR. DAVIDSON: You know, that just
15
appears to be a statement, not a question. I 07:30PM
16
don't know what to --
17
CHAIRMAN LINDBLOM: The question was --
18
the question first, Why would the City allow Fox
19
Road to be further impacted by a steady stream of
20
dump trucks, accelerating the demise of the road, 07:30PM
21
question mark.
22
MR. DAVIDSON: Well, again, it's
23
necessary for the public welfare in that we're --
24
we're improving Route 47. It's a public highway
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1 the trucks can be on already, so it's an allowable
2
use to use that highway for roadway traffic, just
3
like the farmer takes his combine out there during
4
the fall and drives down the road and drives into
5
the cornfield. 07:31PM
6
CHAIRMAN LINDBLOM: What guarantee for
7
the public safety is there, especially considering
8
Fox Road is regularly used by the high school
9
track team, bicyclists and joggers?
10
MR. DAVIDSON: Well, all of our drivers 07:31PM
11
are CDL drivers and they're -- they're regularly
12
drug tested, they can't consume alcohol during
13
work hours, and I think that the commercial
14
vehicle driving on that road is going to be just
15
as safe, if not safer, than any normal pedestrian 07:31PM
16
vehicle.
17
CHAIRMAN LINDBLOM: Item 10, With
18
property values already plummeting in Yorkville,
19
why would the City put an additional negative
20
impact on property values? 07:31PM
21
MR. DAVIDSON: We don't view it as a
22
negative impact. We view it with in conformance
23
with the orderly development of the City of
24
Yorkville's Comprehensive Plan, the previous
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1 annexation agreement, and what the City's vision
2
for the future of that site is.
3
CHAIRMAN LINDBLOM: Okay. Item 11, With
4
the Hoover Forest Preserve adjacent to the dumping
5
site, what protections are in place for the forest 07:32PM
6
preserve?
7
MR. DAVIDSON: I'll let Dave answer that
8
one.
9
MR. SCHULTZ: The biggest thing between
10
our property and the property to the north, which 07:32PM
11
is the forest preserve, is the railroad tracks.
12
We have to still follow IEPA
13
standards, we have to following erosion, sediment,
14
erosion control. These are all done through the
15
site development permit and best engineering 07:32PM
16
practices.
17
UNIDENTIFIED AUDIENCE MEMBER: How about
18
the Hoover?
19
CHAIRMAN LINDBLOM: Item number 12.
20
MR. SCHULTZ: Hoover is not adjacent to 07:32PM
21
the site.
22
CHAIRMAN LINDBLOM: We'll give you a
23
chance to ask questions afterwards. Remember,
24
this is being recorded.
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1 Item 12, What guarantees of
2
protection are there for the private wells of the
3
adjacent homeowners?
4
MR. DAVIDSON: Dave, I'll let you tackle
5
that one, too. 07:33PM
6
MR. SCHULTZ: Again, this is all
7
monitored by the IEPA, IDOT environmental
8
consultants, who will be monitoring D.
9
Construction and the roadway improvements where
10
this dirt is coming from, and essentially we're 07:33PM
11
left with dirt. Same dirt that's out there today.
12
I cannot provide any more guarantee
13
to you on contaminants or anything in that as
14
such, that's not my expertise, just as saying such
15
as pesticides that are being put on the property 07:33PM
16
now and also your fertilizer that people put on
17
their yards today, I don't -- I can't -- I can't
18
comment on that.
19
MS. NOBLE: We do have our engineering
20
consultant that's here. I can tell you generally, 07:34PM
21
then I'll let Julie tell you a little bit more.
22
There is a third-party contractor
23
that's been hired by the state to do the analysis
24
every time there is a soil sample that's going to
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1 be moved to make sure that the soil is at a
2
quality for residential development, so any soil
3
that anybody here would view, if they ever leveled
4
their site and wanted to grade their site.
5
Right now they are called TACO 07:34PM
6
standards that the State uses. In July the State
7
is going to increase those standards to make sure
8
there is even more separation delineation between
9
contaminated soils and non-contaminated soils
10
which could be deemed usable in the residential 07:34PM
11
land use process.
12
Those standards, which don't go into
13
effect until later this summer, will be applied to
14
this project even though it's coming in before
15
that time, and Julie can tell you some more about 07:34PM
16
the standards.
17
MS. MORRISON: Good evening. I'm Julie
18
Morrison with Engineering Enterprises.
19
As Krysti stated, the IEPA and the
20
State of Illinois have passed new legislation that 07:35PM
21
defines appropriate levels of contamination,
22
basically defining what is non-contaminated and
23
what is contaminated.
24
The IEPA and the State passed this
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1 law as a point of protecting ground water, so it's
2
appropriate here to know that the levels that are
3
defined for non-contaminated soils are done so to
4
protect ground water, so all the clean soils going
5
to this site are technically non-contaminated 07:35PM
6
based on levels to protect ground water.
7
CHAIRMAN LINDBLOM: Okay. Item 13, What
8
protections are in place for residents regarding
9
dust, noise, water, and soil pollution?
10
MR. DAVIDSON: All of those -- and, 07:35PM
11
Dave, I'll let you address that, but all of those
12
safeguards are going to be -- and standards are
13
going to be put on D. Construction and Brandon
14
Road Properties during the site development
15
process, that in the event that we were to get a 07:36PM
16
favorable recommendation of this board and get a
17
favorable recommendation by the City Council,
18
we'll then be back for site development, and all
19
of those standards will be imposed upon us by
20
recommendations from City Staff. 07:36PM
21
Just going back, don't -- Just going
22
back to item number 12 for one second, the idea --
23
it's difficult to address what guarantees are in
24
place to protect private wells from what is
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1 literally just a non-issue.
2
Again, we have to remember what this
3
is. This is removing clean dirt from one area of
4
Yorkville, moving it in a truck, and placing that
5
clean dirt on a site that needs it in another area 07:36PM
6
of Yorkville.
7
So if we take it out of the context
8
of all of the discussions that we had in years
9
past regarding landfills and dump sites, that is
10
not what this is. 07:37PM
11
That flyer that my mother received
12
at Birch Court East in Fox Lawn where I grew up,
13
that indicated that this was a dump. This is not
14
a dump. So it's very -- it's very important for
15
everyone to understand that. 07:37PM
16
And so when I'm answering these
17
questions, I want you to be clear, I want your
18
questions to be addressed and I want your
19
questions to be answered because there was a lot
20
of myths that took place, and so I'm glad that you 07:37PM
21
are here and I'm glad that we are able to address
22
them.
23
CHAIRMAN LINDBLOM: Okay. Item number
24
14, What is the absolute drop-dead date for the
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1 completion and restoration back to R2/ag use
2
zoning?
3
In other words, when will the
4
project be finished and revert back to ag?
5
MR. SCHULTZ: We've stated our intention 07:38PM
6
of one to two years would be the duration of this
7
project. I don't -- I don't have a drop-dead
8
completion date. I don't know if -- if Joe and D.
9
Construction has a set -- per the IDOT letting,
10
has a set when this project is anticipated to be 07:38PM
11
done. From just discussions in operations, we're
12
looking at a two-year maximum.
13
CHAIRMAN LINDBLOM: Did the gentleman
14
over here have a response from D. Construction
15
or -- 07:38PM
16
MR. PHILLIPS: I'm with Brandon Road
17
Properties. Julie, our environmental consultant,
18
and Bill SAVOREE will be project manager on-site
19
for the Route 47 project.
20
CHAIRMAN LINDBLOM: So you do or do not 07:38PM
21
have a schedule in place yet?
22
MR. SAVOREE: Well, not yet because
23
there is a lot of utility relocations going on, so
24
right now we're not sure when we can get started.
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1 It's a two-year plus project with working days and
2
that.
3
CHAIRMAN LINDBLOM: Okay.
4
MS. NOBLE: The Staff's recommendation
5
will be concurrent with the Route 47 project, so 07:39PM
6
at this time IDOT is setting the pace of when the
7
project began and then when it will be -- when it
8
will end.
9
CHAIRMAN LINDBLOM: Number 15, What
10
guarantees are there that D. Construction will not 07:39PM
11
attempt to use this property for other road
12
projects, such as the River Road project, Eldamain
13
Road or other projects?
14
MR. DAVIDSON: I don't know what the
15
intent of my client is with respect to that. 07:39PM
16
We're going to be required to have clean dirt
17
placed on that site. We've got plenty of dirt for
18
Route 47, and probably more than -- than will fill
19
that site just for the Route 47 project, so we've
20
got our hands full with Route 47. 07:40PM
21
I don't know if the Brandon Road or
22
D. Construction folks have any comment with
23
respect to that.
24
MR. PHILLIPS: The majority of the fill
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1 is Route 47. I mean, I don't believe that there
2
is a lot of fill that comes off of some of the
3
other projects, so -- and they're not...
4
MR. DAVIDSON: But again, it's all going
5
to be governed by the standards and the special 07:40PM
6
uses as allowed, clean fill, all of those things.
7
CHAIRMAN LINDBLOM: Okay. Item 16, What
8
guarantees for protections for public safety are
9
there for road debris that could contain oil, gas
10
or other hazardous compounds, question mark. 07:40PM
11
There are seven current or former
12
gas station sites in between Route 126 and 34 with
13
the likelihood of gas or oil and leaking -- or gas
14
or oil in leaking into the soil around them as
15
well as the petroleum by-products used in the 07:41PM
16
asphalt in the road which over time breaks down
17
the soil.
18
The question I guess is what's the
19
protection for the oil or gas or other hazardous
20
compounds. 07:41PM
21
MR. DAVIDSON: And, Dave, I'll let Dave
22
address that. There is an attachment to the
23
planning and zoning petition that the members of
24
the planning and zoning council have, and it's
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1 our -- Enmarc & Associates who will be monitoring
2
all this. It's all going to be tested.
3
Anything that is contaminated -- I
4
guess let me address it this way. In the event
5
that there are products that are found to be 07:41PM
6
contaminated, those will be isolated and be
7
required to be taken to a different site.
8
So we're not coming in here saying
9
that we're going to grind up the road, we're going
10
to pull the dirt and it's all going on that site. 07:42PM
11
That's not how it's going to work.
12
In fact, asphalt and concrete is
13
recyclable and we can make money on that, so we're
14
not going to want to use that as fill because it
15
has value, it can be sold, but it all can be 07:42PM
16
tested before being allowed to be located there
17
based on, again, standards which exceed the
18
current IEPA and IDOT guidelines.
19
MR. SCHULTZ: Again, again, we're
20
talking about the clean dirt that is going to be 07:42PM
21
shipped to this site. D. Construction does have
22
another site that they will take the contaminated
23
soils to, and this will all be run through IEPA
24
and the environmental folks that will be out there
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1 monitoring that.
2
CHAIRMAN LINDBLOM: Okay. Item 17, Can
3
the City afford another lawsuit for negligence? I
4
don't know that there is an answer to that.
5
Number 18 -- 07:43PM
6
MR. DAVIDSON: I can. The ones that win
7
in the end is the lawyers, but, you know, probably
8
nobody can.
9
CHAIRMAN LINDBLOM: Okay. 18, What is
10
the bond protection for impact on property values, 07:43PM
11
private wells and return to ag use?
12
MR. DAVIDSON: Well, Krysti probably
13
knows the answer to that better than I do.
14
MS. NOBLE: The bond -- Well, let's go
15
back a couple of questions. There was a question 07:43PM
16
about debris being on the roadway.
17
With any permit that we issue for
18
grading or soil and sediment control plans, we do
19
require a $5,000 street cleaning permit. That's
20
from any development, from a large development to 07:43PM
21
a small development. That's for street cleaning.
22
What we're asking here by the
23
petitioner would go above and beyond that. It's
24
not required. We have no real authority to demand
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1 it. They have been very cooperative to provide
2
it.
3
Keep in mind, it's a city road.
4
It's no different if someone were to tear down
5
their house or do an addition to their house, the 07:44PM
6
soil level will be tantamount to the same soil
7
that is packaged and sold for residential land use
8
anywhere, so the guarantee -- I don't know if it
9
will be in the form of a bond or cash or letter of
10
credit, but that would be decided upon Staff when 07:44PM
11
we get further information going to the process,
12
and what we'll look at -- and I understand your
13
concerns.
14
In 2009, the City did resurface
15
their portions of 5500 linear feet of Fox Road 07:44PM
16
from 47 to Poplar Drive, and we do have numbers,
17
actual numbers at that time, you know, the repair
18
costs, we will be looking at that, and we're not
19
going to be asking for anything astronomical from
20
them because it is a city -- it is a public road, 07:44PM
21
but it would be something that would satisfy if
22
there were major damage done to the road
23
specifically attributable to their use.
24
CHAIRMAN LINDBLOM: Okay. Item 19, Who
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1 would build homes in the future on a dump site
2
with questionable base and unknown soil quality?
3
MR. DAVIDSON: It's not a dump site.
4
There is -- and unknown soil quality. It's not
5
unknown. I was talking to a few of my clients 07:45PM
6
when I walked in and we agreed to disagree on this
7
particular issue that's before the Council, and
8
they happen to live on the former Crawford Farm,
9
which is across from Fox Lawn, and I had to
10
mention to them that that particular site, I saw 07:45PM
11
it be developed, and dump trucks got brought in
12
with dirt along my path that I used to take down
13
to the Fox River to go crappie fishing, and dirt
14
was filled in in that site, and that's how a
15
residential development is developed. 07:46PM
16
It's developed by having dirt
17
brought in to low depressional areas, other areas
18
that are higher, excavated, all done in
19
conformance with the subdivision control ordinance
20
of the city, all done in conformance with the site 07:46PM
21
development process, and that's all done in order
22
to effectuate the orderly development of a
23
community, and this particular site is zoned for
24
future R2 use, and in order to have R2 use on this
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1 site, this is a necessary requirement to have R2
2
there, so there will not -- it's not a dump site.
3
At the time that it's developed,
4
there will be no questionable base. It will all
5
be tested by the engineers. And the quality of 07:47PM
6
the soil that's going to be going onto this
7
property is actually going to exceed standards
8
because again, we're talking about an Illinois
9
Department of Transportation road project.
10
CHAIRMAN LINDBLOM: Okay. Question 07:47PM
11
number 20, Is this property still bound by the
12
SSA's that were part of the annexation formerly
13
leading out to the landfill property?
14
MS. NOBLE: This particular property
15
hasn't gotten to that stage yet. It's still a 07:47PM
16
conceptual plan, it hasn't gotten to the
17
preliminary stage. It hasn't gotten to the final
18
plat where they would contribute any
19
infrastructure costs to deem it part of an SSA
20
area. 07:47PM
21
CHAIRMAN LINDBLOM: Okay. That
22
completes those 20 questions. One question that
23
came to me before we started the meeting was
24
remember I said that whatever we decide here is a
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1 recommendation to the City Council and the City
2
Council makes the final decision.
3
The question was asked when will
4
that go to Council.
5
MS. NOBLE: Yes. It will go on the 07:48PM
6
April 10th City Council meeting.
7
CHAIRMAN LINDBLOM: April 10th. Okay.
8
At this time then I will entertain questions from
9
the audience. If you will please, raise your
10
hand, I will recognize you. Stand, state your 07:48PM
11
name, state your question, and then we'll see
12
which of the experts here needs to answer that.
13
Let's start over here in the corner.
14
Gentleman behind the podium.
15
MR. WELZ: I'm Mike Welz. I'm the 07:48PM
16
president of the White Oak Homeowner's
17
Association. We have several concerns with this
18
project, one being that there is no sidewalks
19
along Fox Road leading to our subdivision. It's
20
very narrow. It's not really a good situation 07:48PM
21
with all the trucks and additional traffic coming
22
down that roadway for our citizens.
23
There already have been multiple
24
accidents, you know, by our subdivision that have
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1 really injured people and we don't want to see
2
this happen again.
3
I understand that there's going to
4
be ten to, you know, possibly a hundred trucks
5
coming each day, and that's a lot. We have a lot 07:49PM
6
of kids coming home from school, walking, and it's
7
a big concern with no sidewalks along that road
8
that there can be potential for accidents to
9
happen.
10
Also I'd like to ask that for the 07:49PM
11
fill -- for the fill coming in, is it strictly
12
from the Route 47 project or is it from additional
13
projects that are unmonitored or un -- that we
14
don't know about? Thank you.
15
CHAIRMAN LINDBLOM: And before you 07:49PM
16
answer that, could I ask, to help clarify that,
17
does anybody have an estimate at this time as to
18
how many trucks that are expected each day?
19
MR. DAVIDSON: Yeah, the -- At peak,
20
there will be 10 to 25 per day. That's on -- 07:50PM
21
that's on a peak day. Many days there won't be
22
any trucks.
23
CHAIRMAN LINDBLOM: Okay. Now on to the
24
other question.
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1 MR. SCHULTZ: Yeah. Just to follow up,
2
it's based on the operation of what D.
3
Construction would be doing that day on the
4
improvements.
5
There may be days where they're 07:50PM
6
going to be hauling dirt and there's going to be
7
days, possibly even weeks, where they don't touch
8
it.
9
Also to follow up your concerns with
10
basically being, you know, the public right-of-way 07:50PM
11
and public safety, of these increased trucks being
12
put on the road, I don't know how else to -- you
13
know, to monitor that besides, you know, having
14
somebody be out there, but they have to follow the
15
laws of the state. 07:50PM
16
MR. WELZ: They are large trucks and
17
it's a small road. That's a concern.
18
MR. SCHULTZ: It's a concern probably
19
elsewhere, too, in the city. I don't -- I didn't
20
design that road. 07:50PM
21
MR. WELZ: And no sidewalks. That's a
22
real concern for me.
23
MR. DAVIDSON: To put it -- to put it
24
into context -- and I don't think -- we have not
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1 done any traffic counts or anything. To put it
2
into context, if you were to take, you know, ten
3
trucks a day, relative to the number of cars that
4
go up and down Fox Road -- because, you know,
5
again, I lived there for 18 years until I went 07:51PM
6
away to college, although it's --
7
UNIDENTIFIED AUDIENCE MEMBER: It's
8
changed.
9
MR. DAVIDSON: It's increased since you
10
folks moved there. 07:51PM
11
MR. WELZ: River Road is on there, too,
12
that doesn't help.
13
MR. DAVIDSON: The relative -- you are
14
talking about an increase of probably less than
15
five percent in terms of the gross traffic. 07:51PM
16
MS. NOBLE: To further that discussion,
17
their access point is in the county, so the
18
county, the county highway division, department,
19
will be looking at that.
20
They will be making recommendations 07:51PM
21
on access points, entrance and exit points,
22
required signage to let you know that trucks are
23
entering and exiting this site, so that's part of
24
their permit process review and improvement.
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1 MR. WELZ: And what are the guarantees
2
then that the fill is strictly from 47?
3
MR. DAVIDSON: Just what the folks from
4
Brandon Road Properties and D. Construction have
5
said, at this time we're not limiting the site to 07:52PM
6
just Route 47 because there may be need to locate,
7
but according to Joe, we're not going to be --
8
MR. PHILLIPS: No, there is enough fill
9
on Route 47 to do this site and take more away.
10
MS. NOBLE: There is a mechanism if the 07:52PM
11
Plan Commission wants to make it a condition of
12
the special use that it is only limited to that
13
soil that is taken from the Route 47 project.
14
MR. DAVIDSON: But understand, again,
15
when we're talking about developing any 07:52PM
16
residential subdivision, dirt is brought in, and
17
it has to be determined to be clean dirt, so it's
18
not unusual.
19
CHAIRMAN LINDBLOM: Okay. Next
20
question, the gentleman in the red shirt right 07:53PM
21
here in front.
22
MR. HIRSCH: Don Hirsch. I live in
23
White Oaks. I guess you've been talking that the
24
IEPA and the IDOT is going to be monitoring all
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1 this stuff. That's your big push.
2
If we start other projects, how do
3
we know that they're going to be involved to this
4
degree, soils, or anything coming from different
5
areas? 07:53PM
6
MS. NOBLE: They are required to
7
certify. If we need, I guess Jeanette can answer
8
that, but we can get load counts I guess. When
9
you certify soil, how many trucks come out, you
10
have to certify the soil. We can get load counts. 07:53PM
11
I guess that's something that we can determine,
12
but their third-party independent environmentalist
13
will have to certify that.
14
MR. HIRSCH: On the Route 47.
15
MS. NOBLE: Mm-hum. 07:53PM
16
MR. HIRSCH: Okay, but we just opened
17
this up to other potential fill, so --
18
MS. NOBLE: We haven't yet. We haven't
19
yet. That is a condition of the special use, if
20
the Plan Commission decides to make it a 07:54PM
21
condition. We can limit it to that.
22
MR. HIRSCH: Do you think they will?
23
CHAIRMAN LINDBLOM: I'm sorry?
24
MS. NOBLE: They are right here. You
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1 will see the vote when I see it.
2
CHAIRMAN LINDBLOM: Okay.
3
Mr. HIRSCH: Thank you.
4
CHAIRMAN LINDBLOM: Gentleman right here
5
in the second row. 07:54PM
6
MR. SCHNELLER: Has there been a
7
traffic --
8
CHAIRMAN LINDBLOM: Sir, your name,
9
please?
10
MR. SCHNELLER: Oh, I'm sorry. Ted 07:54PM
11
Schneller, Ford Estates. Has there been a traffic
12
study?
13
MR. DAVIDSON: No, there has not been a
14
traffic study. I mean, the traffic study would
15
only determine what the current usage of the road 07:54PM
16
is, so --
17
MR. SCHNELLER: Well, there also -- I
18
mean, it's quantifiable as far as how much dirt is
19
going to be taken out of 47, so you can quantify
20
by that how many trucks are going to be required 07:54PM
21
to do that --
22
MR. DAVIDSON: Sure. Absolutely.
23
MR. SCHNELLER: -- And, therefore, you
24
can make a traffic study, so without a traffic
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1 study, how can we know what kind of impact this is
2
going to have?
3
MR. DAVIDSON: Well, absolutely. And we
4
have already put that in our petition.
5
MR. SCHNELLER: Well, how can it be 07:54PM
6
considered without a traffic study? For instance,
7
if the traffic study says there's going to be
8
gridlock at Fox and 47, because I have heard from
9
the Plan Commission that there could be up to 50
10
trucks a day, which is a hundred truck trips a 07:55PM
11
day.
12
Well, how can we even consider doing
13
this if we don't know what it's going to do?
14
That's just number one.
15
Number two, has there been a study 07:55PM
16
with regard to drainage? You say it's going to
17
drain to an area that's floodplain.
18
Is there an engineering study to
19
tell me how many acre feet of water are going to
20
be drained? Have there been studies with regard 07:55PM
21
to the noise and the pollution? Have there been
22
studies with regard to alternate sites?
23
I mean, there is land up and down 47
24
that is zoned industrial that can facilitate this.
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1 Without professional studies, how can we even
2
consider this intelligently? I mean, we can
3
postulate, we can take --
4
(Applause.)
5
MR. SCHNELLER: And I disagree with you 07:55PM
6
with regard to this is what would have to be done
7
for any subdivision. There is not a specific
8
plan, correct? So how do you know what would have
9
to be brought in or not brought in without a
10
specific plan? 07:55PM
11
So I think there's just not adequate
12
evidence, there is certainly not adequate studies,
13
to make any sort of intelligent decision.
14
MR. DAVIDSON: Well, with all -- with
15
all due respect to you, and in fairness to the 07:56PM
16
Planning and Zoning Commission, the Planning and
17
Zoning Commission tonight is dealing with the
18
special use, so a special use under Illinois law
19
is a permitted use as long as we meet certain
20
qualifications, so some of the things that you're 07:56PM
21
addressing really have to do with the site
22
development process, but again, we're committed
23
because you folks are here tonight to answer
24
everyone's questions.
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1 So as it relates to the traffic
2
count, we have estimated high that on peak days --
3
MR. SCHNELLER: Are you a traffic
4
expert?
5
MR. DAVIDSON: This is not -- This is 07:56PM
6
not my --
7
MR. SCHNELLER: Well, I mean, it should
8
be an expert, not just you, and not --
9
MR. DAVIDSON: My client knows -- It has
10
nothing do with a traffic expert, it has to do 07:56PM
11
with the amount of dirt that we anticipate taking
12
off of Route 47 and having to relocate. That has
13
nothing do with a traffic study.
14
MR. SCHNELLER: That is going to dictate
15
how many trucks are necessary. The amount of dirt 07:57PM
16
is going to dictate the amount of trucks.
17
MR. DAVIDSON: I respectfully disagree
18
with that. There is a disagreement as to --
19
MR. SAVOREE: There will never be 50
20
trucks hauling dirt in the same day. 07:57PM
21
UNIDENTIFIED AUDIENCE MEMBER: 49.
22
MR. SAVOREE: It's too close to the
23
dump. It takes five or ten minutes to load the
24
truck, so if it takes five or ten minutes --
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1 UNIDENTIFIED AUDIENCE MEMBER: But if
2
there is 35 trucks a day or if there is 40 trucks
3
a day, again, without a study --
4
CHAIRMAN LINDBLOM: We can't have this.
5
One person at a time. Our stenographer here has 07:57PM
6
said that she cannot hear. She cannot get this
7
all down.
8
All right. Gentleman over here from
9
D. Construction, state your --
10
MR. SAVOREE: Phil Savoree with D. 07:57PM
11
Construction. Anyway, on the biggest day we're
12
going to haul a hundred loads there. That's the
13
biggest day. Most days are going to be 10, 20.
14
And you're talking about 5,000 loads total over
15
the space of two years. It's not going to be just 07:57PM
16
massive trucks hauling down the road. Most of the
17
loads are going to go to the quarry and bring back
18
stone.
19
MR. SCHNELLER: Well, you just said that
20
there is -- excuse me. You just said there is 07:58PM
21
going to be no more than 20 to 30, but now you say
22
a hundred.
23
MR. SAVOREE: I didn't say that, okay?
24
MR. SCHNELLER: Okay.
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1 MR. SAVOREE: The average day is going
2
to be 20 trucks. The peak day will be a hundred.
3
MR. SCHNELLER: Well, my point is
4
without specific traffic studies by experts, we're
5
all just throwing darts at the wall. 07:58PM
6
CHAIRMAN LINDBLOM: Okay. Next
7
question. Judy?
8
MS. GILMOUR: Can I use the microphone?
9
CHAIRMAN LINDBLOM: Sure.
10
MS. GILMOUR: My name is Judy Gilmour 07:58PM
11
and I live in Fox Glen subdivision about 500 feet
12
away from the Evergreen property.
13
I called the DNR, I spoke with the
14
Bureau of Land with my concerns about how the
15
public is going to be protected from possible 07:58PM
16
contaminants going into the soil, and I was told
17
by the DNR that they really have very little
18
regulation over this type of thing, but if I saw
19
something questionable that looked like it was
20
contaminated, I was given the phone number of a 07:59PM
21
field inspector that I could call.
22
So that means that me, myself, my
23
neighbors, we'll have to stand out there and watch
24
these trucks unload this soil according to the
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1 DNR, and to me that's not acceptable. They
2
could -- and they could not give me any guarantee
3
that there was going to be any monitoring going
4
on.
5
MS. NOBLE: The DNR, which is the 07:59PM
6
Department of Natural Resources, does not monitor
7
this type of use, it's the IEPA that monitors
8
this, so no, DNR could not give you a guarantee
9
because they are not the agency that monitors
10
that. 07:59PM
11
MS. GILMOUR: I think I misspoke. It
12
was the IEPA. It was the Bureau of Land from the
13
IEPA.
14
CHAIRMAN LINDBLOM: And not DNR?
15
MS. GILMOUR: No. 08:00PM
16
MS. NOBLE: The IEPA can't -- in this
17
situation they are hiring a third-party to certify
18
because possibly they want to be objective and not
19
have their own staff monitoring a state project,
20
so that's why they have a third-party contractor, 08:00PM
21
who is Enmarc, to do the certification.
22
CHAIRMAN LINDBLOM: Tom?
23
MR. GILMOUR: One of many questions, but
24
this is the first one.
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1 CHAIRMAN LINDBLOM: State your name
2
please, first.
3
MR. GILMOUR: Tom Gilmour, 23 Fox Glen
4
Drive. I'm not like a bike path speaker. I want
5
to read something out of the application itself. 08:00PM
6
Under the BA 1416, the IEPA has
7
developed a new set of regulations that are
8
presently under review by the Illinois Pollution
9
Control Board and proposed for adoption on
10
July 21st. 08:01PM
11
Are we trying to move this thing
12
along a little quicker than these new standards
13
take effect?
14
MS. NOBLE: No. As I stated earlier,
15
they are going to adhere to the new standards. 08:01PM
16
Even though they don't go into effect until
17
July 31st, they are going to adhere to those
18
standards now.
19
MR. GILMOUR: Once again, just to
20
restate what was one of the questions, but 08:01PM
21
something that might just be problematic, there
22
were formerly, I counted up, seven gas stations
23
throughout the history here, many before a lot of
24
the people moved to this town and know about.
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1 There is one that I know of that has
2
an underground full fuel tank that leaches to the
3
top to this day, and it's going to be brought to
4
the attention of the IEPA, and there are who knows
5
what else. 08:01PM
6
And, first of all, I've got a couple
7
of things that I want to ask here. One, why is
8
this the City's obligation to provide a still
9
clean fill site -- we're going to get to that in a
10
second -- for D. Construction? Their job, their 08:02PM
11
bid.
12
Where was the guarantee from the
13
City that they were obligated or the City to agree
14
to provide or facilitate a clean fill site for
15
them to put this material? 08:02PM
16
Let's talk about clean fill. I want
17
a good definition of clean fill. I grew up on a
18
farm, I've been in the construction business for
19
45 years, I know a little bit about how
20
developments are developed. 08:02PM
21
Now, are we talking about coring out
22
the road right down to the gravel, whatever we may
23
find there? Are we calling that clean fill?
24
When I say black dirt, I'm talking
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1 about something you plant corn in and it grows.
2
I'll let you finish. I'll be back.
3
MS. NOBLE: Okay. I can answer the
4
first question, and I think there is a
5
representative here from Enmarc who can answer the 08:03PM
6
second question.
7
The first question, it is not the
8
City's obligation. The City is not providing the
9
site. This is like any other property owner that
10
comes to the City and wants to do some type of 08:03PM
11
development or operation on their land, they want
12
to be in compliance, so the City is not obligated.
13
What we are obligated to do by law
14
is any property owner has every right to come
15
before us and petition for a permit of approval, 08:03PM
16
and that's all that the City is considering.
17
Are you from Enmarc? Are you with
18
Enmarc?
19
MS. VIRGILIO: Yes, I am. Jeanette
20
Virgilio. I want to kind of clear up and maybe 08:03PM
21
educate some of the people in the audience, too.
22
There already has been a study done
23
on this highway project. Before IDOT even puts a
24
project up for bid, they go and do a preliminary
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1 environmental site assessment, and they look at
2
all possible sources of contamination along a
3
roadway.
4
Based upon that preliminary
5
environmental assessment, they will then do a 08:04PM
6
subsurface investigation at those locations that
7
they think might be a problem, the gas stations,
8
the leaking underground storage tanks.
9
So what they do after they do that
10
site investigation, they determine areas that are 08:04PM
11
actually impacted, that are contaminated, and by a
12
special provision they say that material has to go
13
to a Subtitle D regulated landfill that's
14
permitted to take that material.
15
The rest of the material is thus 08:04PM
16
determined as clean based upon sampling and what
17
Krysti had indicated as being the TACO standards
18
to stay on residential properties.
19
It has to meet the most stringent
20
standard, which is basically TACO. It's for 08:04PM
21
residential use.
22
MR. GAWLIK: May I ask a question?
23
MS. VIRGILIO: Sure.
24
CHAIRMAN LINDBLOM: Sir, please. I'd
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1 like your name first.
2
MR. GAWLIK: I'm Oly Gawlik.
3
CHAIRMAN LINDBLOM: I'm sorry?
4
MR. GAWLIK: I'm Oly Gawlik. I own the
5
properties adjacent to them on two sides of this 08:05PM
6
property, and I would like to ask this person --
7
I'm sorry, I missed your name --
8
MS. VIRGILIO: Jeanette.
9
MR. GAWLIK: -- a question. Okay.
10
All the studies that you're doing 08:05PM
11
right now and all the things you mentioned are
12
strictly related to 47.
13
We just heard from them right now,
14
just a few minutes ago, that this is not limited
15
to 47, so what guarantees do you have when they 08:05PM
16
haul trash from Chicago, from God knows where, and
17
dump it into this site?
18
You are only talking about Route 47.
19
Do you have assurance you can give me when they
20
haul stuff from other sites? 08:05PM
21
This is not something I said. This
22
is something that they mentioned. This is not
23
limited to 47 anymore, as what we were told
24
earlier. It is no longer Route 47. They can
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1 bring anything they want from anywhere. This is
2
what they said. I didn't say that statement.
3
UNIDENTIFIED AUDIENCE MEMBER: I heard
4
that, too.
5
CHAIRMAN LINDBLOM: Thank you, sir. 08:06PM
6
MR. GAWLIK: Thank you.
7
CHAIRMAN LINDBLOM: Any comment at all?
8
MS. VIRGILIO: I just want to clarify, I
9
do believe that this gentleman stated that we have
10
more dirt than we need for the Route 47 job, so it 08:06PM
11
won't be coming from other areas, and I do believe
12
that that can even be put in as a special
13
condition, so...
14
CHAIRMAN LINDBLOM: Lady over here.
15
MS. WELZ: My name is Lisa Welz. I am 08:06PM
16
from White Oak Estates. There has been some
17
creative talk here tonight, you know, kind of
18
sliding around some things, some misdirection.
19
You have talked a lot about, you
20
know, all these cars going down Fox Road, they're 08:06PM
21
already there, and these trucks are not going to
22
be drinking, they're not going to be smoking pot,
23
they're not going to be doing anything they're not
24
supposed to be doing during working hours. You
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1 know, okay, that's great.
2
Fact is, these trucks are a lot
3
wider than a standard car. That's why the concern
4
is for our residents, for our students, for our
5
track team that are running down in the country in 08:07PM
6
White Oaks, you know, and their safety.
7
One of our neighbors was hit by a
8
pickup truck, much smaller than a dump truck, and
9
tossed about 30 feet and spent the next eight
10
months in a halo, you know, and this is an adult 08:07PM
11
who was watching the roadway and being careful.
12
You know, kids aren't always as observant as
13
adults are. So that is a very serious, you know,
14
concern of ours.
15
Also, you didn't talk -- you know, 08:07PM
16
this gentleman here talked about, you know, 20, 25
17
trips. Then we get a hundred trips. You know,
18
it's not until you get pinned down, you know, by
19
questions from other people as to is it going to
20
be restricted to Route 47. You know, that 08:07PM
21
question was asked, that question was avoided, got
22
pinned down, and said that it was not being
23
restricted, though it can be a required use, and I
24
actually think that that ought to be something
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1 that our Plan Commission ought to require, is it
2
is strictly from the Route 47 project and no
3
other.
4
I think it's a very valid question
5
about monitoring. You talked a great deal about 08:08PM
6
the IEPA monitoring and so on and so forth. I
7
have two questions on that. One, if you allow it
8
from somewhere else, I can't see how you're going
9
to have any guarantees if the IEPA or anybody else
10
is monitoring it. 08:08PM
11
Secondly, you know, how do you know
12
if those trucks have been monitored? Are you
13
going to require someone to be on-site to see that
14
paperwork to verify that that truck, in fact, has
15
been inspected? 08:08PM
16
You know, you can take -- you know,
17
you can get their sheets and their proof and
18
everything else they provide you, but if you're
19
not there to see that truck or that paperwork for
20
that specific, you know, one being tested, how do 08:08PM
21
you know? You know.
22
And I guess I'm not very trusting,
23
but on something like this, I don't think we
24
can...
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1 CHAIRMAN LINDBLOM: Is there a response
2
to her question?
3
MS. VIRGILIO: Basically there will be
4
an environmental consultant on-site monitoring
5
during the excavation. 08:08PM
6
In addition, too, there is an
7
Illinois Department of Transportation resident
8
engineer who oversees the project, and he spends
9
most of his time out in the field overseeing.
10
MS. NOBLE: And most of your Public 08:09PM
11
Works Department and our engineering consultant
12
will also be on-site all day.
13
MR. SAVOREE: And the other question
14
about other jobs, it wasn't avoided or ran around.
15
This -- I have this project. These other jobs 08:09PM
16
that were listed on there, I don't even know if my
17
company has them. They're not my projects, I
18
don't know.
19
MS. WELZ: Oh. That's --
20
MR. SAVOREE: And even if they are our 08:09PM
21
projects, they were still let through the State of
22
Illinois and will still be under the same PEZA and
23
everything else, the same environmental.
24
We do -- 99 percent of our work is
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1 with government agencies, IDOT, whoever, Will --
2
Will County, Kendall County. All of these
3
government agencies by law have to do
4
environmental studies on their job sites.
5
So, but there is enough dirt on this 08:10PM
6
job site, there's not going to be room to bring
7
dirt from -- I mean, this --
8
MS. WELZ: Then it shouldn't be a
9
problem for you to guarantee in writing that that
10
is the only project that you're going to bring 08:10PM
11
fill in from, if that's what you're telling me.
12
MR. SAVOREE: Well, I don't own the
13
property, so I --
14
CHAIRMAN LINDBLOM: I think the
15
solution -- Excuse me. The solution to that, 08:10PM
16
should the Commission choose, that could be a
17
condition of granting this.
18
MS. WELZ: Okay. And one other thing is
19
what about subcontractors? Are you going to have
20
subcontractors and are you going to make sure that 08:10PM
21
they're following the same regulations?
22
MR. SAVOREE: The subcontractors don't
23
handle excavation.
24
MS. WELZ: Okay. And then one last
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1 question. Being that you are awarded this
2
contract means you had to provide a bid, and those
3
of us that have worked in various industries that
4
the bidding process goes on, I know that that
5
means that you figured out your man hours, you 08:10PM
6
know, all your costs and all your profit.
7
Part of that is going to certainly
8
be what are the costs going to be hauling. You
9
know, it's going to be how much are you going to
10
be able to -- how much concrete and so forth are 08:11PM
11
you going to recycle to earn yourself some money,
12
how much fill are you going to be hauling away,
13
it's going to require so many trucks, so I really
14
believe that you know, you certainly should know,
15
how much fill you have and how many trucks that 08:11PM
16
would require.
17
You've hedged quite a bit on that,
18
and so I really think that you should be able to
19
give, you know, a far better, you know, figure
20
than well, it could be this or it could be that or 08:11PM
21
it's going to be this on a high day and it's going
22
to be this on a low day. You know, tell us.
23
You said 5,000. Is it 5,000 loads?
24
Is that what's in your bid?
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1 MR. SAVOREE: 5,000 loads is about what
2
I think will fit on that property, so...
3
MS. WELZ: But how many loads are you
4
estimating coming from that project?
5
MR. SAVOREE: That's how many I'm 08:11PM
6
estimating. That's just my wild -- scientific
7
wild guess.
8
MS. WELZ: Well, then you might be
9
shortchanging yourself on that bid.
10
MR. SAVOREE: Because, like I said, all 08:12PM
11
the dirt has to go somewhere, so if that -- if
12
5,000 loads fills that up, then it's got to go
13
somewhere else.
14
That property is available to me to
15
use, so I'm planning on putting about 08:12PM
16
5,000 yards -- 5,000 loads in there. When that's
17
full, then it's full.
18
MS. WELZ: Okay, I get that, but you --
19
CHAIRMAN LINDBLOM: Okay, let's not beat
20
this into the ground. 08:12PM
21
MS. WELZ: Sorry.
22
MR. SAVOREE: When the trucks are
23
bringing stone back to put in the road or stone to
24
put into the sewer trenches, those trucks are
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1 going to the quarry, so once they are loaded,
2
they're not going to go out of their way to dump
3
there, they're going to go to the quarry and dump
4
at the quarry and come back with the stone.
5
CHAIRMAN LINDBLOM: Okay. The gentleman 08:12PM
6
on the aisle, second to the last row.
7
MR. ROSS: Yeah. My name is George
8
Ross. I live in River's Edge. I've got maybe
9
three quick questions. Number one, has the
10
property been sold or is it contingent upon you 08:13PM
11
guys getting this permit?
12
MR. DAVIDSON: We have purchased the
13
property. We own the property.
14
MR. ROSS: You own the property. Why
15
aren't you using Pavilion Road? 08:13PM
16
MS. NOBLE: There is a restriction from
17
the County as well as the City to not use Pavilion
18
Road.
19
MR. ROSS: Why?
20
MS. NOBLE: Because it's not designed 08:13PM
21
for that type of weight of traffic.
22
MR. ROSS: He just said 5,000 loads in
23
this project, that's done. That's 10,000 trips
24
back and forth on Fox.
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1 Every time we've ever had anybody
2
talk to us about a dump, they were trying to tell
3
us how stupid we were, that we're going to make it
4
so beautiful, you guys ought to be paying us to
5
come in here and make a dump. 08:13PM
6
(Applause.)
7
MR. ROSS: This is a dump and let's not
8
forget it.
9
MS. NOBLE: Just a point of
10
clarification and probably reiteration, this is 08:14PM
11
the same tantamount to any site preparation that
12
was done for any residential development here, and
13
had they been in the process of building a home,
14
the same amount of traffic that you would
15
experience for this would be happening as well. 08:14PM
16
CHAIRMAN LINDBLOM: How about the
17
gentleman in the back row with a blue shirt and a
18
hat on? Well, there is two blue shirts. Either
19
one.
20
MR. JOHNSON: Harold Johnson, T.J. 08:14PM
21
Johnson, 27 Ivy Drive, Yorkville, Illinois. I am
22
looking at a document that was presented to the
23
City of Yorkville. Number 7 in this document,
24
Page 44, says there does a floodplain exist on the
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1 subject property, and it says yes.
2
MS. NOBLE: In their application, their
3
original application, we have confirmation
4
actually, and I have a FIRM map, which is issued
5
by the -- by FEMA, which shows there is no 08:15PM
6
floodplain on this property.
7
MR. SCHULTZ: Just to follow that up,
8
excuse me, I filled out that application and I
9
mistakenly put there is a floodplain on this
10
application. 08:15PM
11
I followed the previous application
12
that was submitted for Evergreen Farms for this
13
concept plan, so I take credit. I'm sorry for
14
that. That was my mistake. And then I redid my
15
research and my homework and came up with what I 08:15PM
16
came up with.
17
MR. JOHNSON: Because I represent a
18
farming aspect that I am concerned about. This is
19
a broader question. It seems to me that there is
20
an ongoing assault to take more and more farmland 08:15PM
21
out of production. We have a hungry world. We
22
have India, China, demanding more and more protein
23
in their diets, and here we are, another farm
24
gone. I don't like that.
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1 Another one is how -- if this is
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clean fill dirt, what are you doing with the
3
asphalt and the concrete?
4
MR. DAVIDSON: With respect to the
5
farming question, we're actually -- we actually 08:16PM
6
would be putting this back into production.
7
MR. JOHNSON: After two years. Still a
8
two-year lapse. The other one is where are you
9
placing your asphalt and your concrete?
10
MR. SAVOREE: That will be recycled. 08:16PM
11
MR. JOHNSON: There is a huge wall that
12
has to be taken down. Where is all that going?
13
MR. SAVOREE: I'll let the folks at --
14
that will all be recycled.
15
MR. JOHNSON: It will not be dumped on 08:16PM
16
the property?
17
MR. GILMOUR: Stored there.
18
MR. JOHNSON: Okay. And so this is
19
not -- you are not dumping anything on the
20
property? 08:17PM
21
MR. DAVIDSON: Just clean fill.
22
MR. JOHNSON: Okay, but that's dumping.
23
All right.
24
MR. DAVIDSON: Actually, just to
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1 clarify, since you asked me the question, let me
2
answer your question.
3
MR. JOHNSON: Yes, please do.
4
MR. DAVIDSON: We intend to comply with
5
all the requirements for a special use, and the R2 08:17PM
6
residential zoning adopts the R1, and under R1 the
7
filling and excavating of R1 land is specifically
8
a special use, so, therefore, if we meet the
9
criteria of a special use, the Planning and Zoning
10
Commission is obligated to give a favorable 08:17PM
11
recommendation.
12
MR. JOHNSON: So this is only clean fill
13
dirt?
14
MR. DAVIDSON: That's correct.
15
CHAIRMAN LINDBLOM: All right. Now the 08:17PM
16
other gentleman in the back row, go ahead. The
17
one in the doorway. What is your name, sir?
18
MR. MILLER: Jim Miller. I've got a
19
question. Is that dirt not going to be any higher
20
than street level or grade level that you're 08:18PM
21
bringing in there?
22
MR. DAVIDSON: Yeah, I'm the lawyer, so
23
I'll let the engineer take care of that one.
24
MR. SCHULTZ: Yeah, the elevations are
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1 still to be determined, and that's where the site
2
development permit will come in, but there is no
3
intention from my end to raise that higher than
4
the road. It would -- It would be out of place.
5
MR. MILLER: Then I've got another 08:18PM
6
question.
7
MR. SCHULTZ: I mean, the elevation
8
difference -- and I do have an existing conditions
9
map that I did bring with me. I believe that it's
10
somewhere like three to four feet. 08:18PM
11
MR. MILLER: Then I've got one more
12
question. Will you put a statement in your
13
contract with the village here that you will pay a
14
fine for every day this is over two years?
15
MR. SCHULTZ: I don't have those 08:18PM
16
obligations with the City.
17
MR. MILLER: I've got one more question.
18
How much is the village getting out of this? How
19
much are you paying the village for this?
20
MR. SCHULTZ: I'm just the engineer. 08:19PM
21
I --
22
MR. DAVIDSON: We --
23
CHAIRMAN LINDBLOM: My understanding is
24
it's the filing fee for the permit.
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1 MR. MILLER: I can understand your --
2
You seem to be swayed one way or another. You
3
don't seem to be open to this. You seem to be
4
already -- you already know what your answer is.
5
CHAIRMAN LINDBLOM: Nobody knows what, 08:19PM
6
sir? I don't understand.
7
MR. MILLER: You've already decided what
8
you are going to do.
9
CHAIRMAN LINDBLOM: No, we haven't.
10
MR. MILLER: That's what it sounds like 08:19PM
11
to me.
12
CHAIRMAN LINDBLOM: We're trying to get
13
your questions answered, your concerns right here.
14
We will discuss this and vote on it and send our
15
recommendation to the Council, and to accuse us of 08:19PM
16
something else is wrong.
17
UNIDENTIFIED AUDIENCE MEMBER: How come
18
we can't vote on it?
19
CHAIRMAN LINDBLOM: How about the
20
gentleman in the corner over here? 08:20PM
21
MR. ALLEN: Good evening. My name is
22
Dervin Allen of 12 Fox Glen Circle. I've heard
23
this gentleman make statements that the
24
existing -- you would do this to a site that a
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1 subdivision was going to be built.
2
This is true, but when they do that,
3
they put roads in, they put drainage in, and they
4
control it.
5
He referred to the railroad tracks. 08:20PM
6
The railroad tracks acts like a dam. There's not
7
enough drainage underneath the tracks, so the land
8
that you're going to fill, that water has to go
9
somewhere, and the pipes that are underneath the
10
tracks are not big enough to handle the water now. 08:20PM
11
This was brought -- I recognize a
12
few faces and some I don't. When this was all --
13
CHAIRMAN LINDBLOM: Your poster looks
14
familiar, too.
15
MR. ALLEN: Yes. I didn't change it. 08:21PM
16
Okay. I was glad I kept it.
17
Where this is showing you, just to
18
show a few people here, you can pass it around,
19
it's reference to this -- let's see. This is
20
Evergreen Farms. 08:21PM
21
It's reference to -- this is the
22
water here, this is the other one here, it doesn't
23
show it any further. It winds around, comes
24
behind these houses, and there is another pipe
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1 here. Okay? Neither one of these pipes can
2
handle the water.
3
I have a large pipe that I
4
researched before this and I was told from the
5
University of Illinois that speculation on this is 08:21PM
6
that -- that is on the back of my property.
7
Hardly no water goes through it. It's high.
8
Their guess was it was for a cattle crossing years
9
ago when that was a dairy farm so the cattle could
10
get to the river. 08:22PM
11
Water right now runs from the forest
12
preserve all the way along the railroad tracks and
13
comes down. That's the only thing that goes to
14
that pipe. There is no drainage. Okay?
15
And this is something -- just to 08:22PM
16
prove this is the date, you can go back and Google
17
it, you can check the rainfall on it. This was
18
pulled up. From this existing house that is right
19
here on the corner of the subdivision, this is the
20
water coming out of here. 08:22PM
21
You can see this green here in the
22
field, everything else is brown. This land all
23
has springs in it, too, okay? Now you're going to
24
come in and cover up springs. There is no
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1 drainage put in. I'm just concerned where the
2
water goes. Okay?
3
You can see that it was running
4
across Fox Glen here. This is all the way up.
5
They actually -- the County came out and shut down 08:22PM
6
Fox Road that day. This was not a springtime
7
storm that the ground was just thawing, it was
8
just one of those rains, okay?
9
The other thing we've been referring
10
to is truck loads, truck loads, truck loads. How 08:23PM
11
many yards will be going out there? I recommend
12
to this committee if you do pass this along that
13
you put a limit on the yards of dirt. I mean,
14
somebody's got to have the numbers. And I would
15
recommend to the committee that they specialize 08:23PM
16
that it just comes from Route 47. That's two of
17
my main recommendations.
18
And really I recommend not fill this
19
land because the water has to go somewhere. They
20
can't give you the heights, they can't give you 08:23PM
21
the --
22
MR. GILMOUR: 150-foot elevation.
23
MR. ALLEN: They cannot give you the
24
height even, how high they're going to fill it in
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1 reference to the road. It sounds like they don't
2
have it thought -- well planned yet. And this is
3
what I got from the University of Illinois before.
4
Thanks, Tom.
5
And your highest point in your 08:23PM
6
county roughly is High Point Road and Route 47,
7
your lowest is the Fox River, the way the bird
8
flies.
9
Take how big your county is; that's
10
a very short distance for water to run. Again, 08:24PM
11
the railroad tracks does not have ample, and they
12
won't put anything else underneath them. We can't
13
even keep the train on the tracks.
14
So did you even consider that? Do
15
they even consider that, putting -- There are no 08:24PM
16
retention ponds in here. When they come and we
17
agreed it went to an R2 zoning and everything, if
18
you go back and look at the plots and everything,
19
there were ponds all put in, all different ponds
20
put along the south end of this property to retain 08:24PM
21
that water on both these subdivisions that they
22
have plotted there, and that's probably about --
23
MR. WELZ: By law you can't put...
24
MR. ALLEN: And there was studies done
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1 on it then, too.
2
CHAIRMAN LINDBLOM: Okay. Gentleman
3
nearest the doors with the glasses I believe.
4
Yes.
5
MR. MOORE: Keith Moore. I am at 08:25PM
6
Pavilion Heights. I live on the corner of Chally
7
and Pavilion. You know, this floodplain, the
8
entire Pavilion Road from our house north flooded
9
out last spring. I mean, we're talking it almost
10
shut down parts of Pavilion Road. 08:25PM
11
This property abuts Pavilion Creek.
12
It comes right down through there. If they're not
13
going to address drainage from Pavilion Creek and
14
improve this, exactly what he just said, we're
15
going to be flooded out like crazy up in Pavilion 08:25PM
16
Heights.
17
The other part that you're talking
18
about is a special use permit. If this was going
19
to be a subdivision, we'd have the full PUD,
20
streets, sewers, everything going in to handle it. 08:25PM
21
Right now we're dumping 5,000 truck
22
loads, estimate, of dirt on a piece of property
23
with no infrastructure going in. That's why it's
24
a special use permit.
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1 It doesn't -- We're putting the cart
2
before the horse here. It doesn't make a lot of
3
sense.
4
(Applause.)
5
MR. SCHULTZ: Just to interject just a 08:26PM
6
second, I want to talk just real briefly about
7
the drainage. I am familiar with those photos.
8
We are talking about two different drainage
9
divides.
10
MR. GILMOUR: No. 08:26PM
11
MR. SCHULTZ: Fox -- Yes, we are.
12
MR. GILMOUR: It heads in that
13
direction, I know better, and --
14
MR. SCHULTZ: Okay.
15
CHAIRMAN LINDBLOM: Let the gentleman 08:26PM
16
state his facts, please.
17
MR. SCHULTZ: There is different
18
drainage divides. There is a road -- or a bridge
19
trellis where our -- this property is tributary
20
to. 08:26PM
21
He is referring to behind Fox Glen
22
where Silver Fox drains down this corridor into
23
this, and that will be a process of the
24
engineering.
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1 Why we haven't given you details
2
that you are looking for, of elevations, how much
3
fill, that is the next step. This is a process.
4
Special use is our first step in this process.
5
The next process is to get to the final 08:26PM
6
engineering.
7
And we are taking this property
8
essentially and leaving it in its same current
9
state, it's going to be farmed, so the drainage
10
run-off is the same as it is in existing. 08:27PM
11
UNIDENTIFIED AUDIENCE MEMBER: No, it's
12
not.
13
MR. MOORE: You just said you're putting
14
5,000 truck loads of dirt into a non-PUD
15
subdivision. Nothing -- None of the 08:27PM
16
infrastructure is there. We are putting this dirt
17
in with no infrastructure. It's not the same
18
thing. You're raising the dirt level of this
19
entire property. That's what we're here for.
20
If we're leaving it the same, then 08:27PM
21
we wouldn't need to be here, there would be no
22
special use permit before the Plan Commission, so
23
we're not leaving it the same.
24
Yes, I am a little bit passionate
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1 about it because we flood over where we're at.
2
CHAIRMAN LINDBLOM: Understood.
3
Understood. Okay. At this time I'm going to ask
4
if there is any new issues that we have not talked
5
about. 08:27PM
6
We've talked about a whole lot of
7
things. I don't want to hear about flooding and
8
truck loads. We have all talked about that. You
9
may not believe the answers that you've heard, but
10
that's up to you individually. 08:27PM
11
Now, is there something else to
12
bring up? Gentleman right back here under the
13
clock.
14
MR. HETTINGER: My name is Nick
15
Hettinger from Pavilion Heights. I had a bunch of 08:27PM
16
questions; I won't ask those because they may be
17
repeats.
18
Would you consider as the council
19
here putting this dirt on the old Countryside
20
Center area -- 08:28PM
21
(Applause.)
22
MR. HETTINGER: -- and leave it there
23
rather than here? You are in a position where you
24
can say no special permit, find another place.
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1 Maybe Countryside Center. Isn't doing anything
2
else for us.
3
UNIDENTIFIED AUDIENCE MEMBER: But
4
they've already bought the land.
5
MR. HETTINGER: I guess that's all I'm 08:28PM
6
going to ask.
7
CHAIRMAN LINDBLOM: Is that your
8
question? I don't know the answer to that. Right
9
here in front.
10
MR. SCOTT: Hi. My name is Randy Scott. 08:28PM
11
I live in Pavilion Heights. A question I have is
12
we were talking about the IEPA tonight. We all
13
know the State of Illinois is broke, okay?
14
They're short of help. Everybody is short of
15
help. I'm short of help. I'm short of money and 08:29PM
16
everything else.
17
Here's the deal. IEPA cannot
18
monitor or control yard waste down 71; you're
19
talking about them hiring another entity to come
20
in and test this soil and all of this stuff. 08:29PM
21
If they can't monitor that, if they
22
don't have enough staff, who is the -- who is the
23
other party that we're going to hire here to
24
monitor this stuff that we're hauling away from 47
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1 to make sure it's not contaminated?
2
MS. NOBLE: We're not hiring. The State
3
of Illinois has already engaged Enmarc to do that.
4
MR. SCOTT: Well, I heard somebody say
5
something about a third-party. 08:29PM
6
CHAIRMAN LINDBLOM: That is --
7
MS. NOBLE: That is -- Enmarc is the
8
third-party consultant.
9
MR. SCOTT: I'm sorry?
10
MS. NOBLE: Enmarc is the third-party 08:29PM
11
consultant that IDOT has hired. The City has not
12
hired anyone.
13
MR. SCOTT: They are doing the
14
environmental on this, so then the IEPA is going
15
to be watching over them? Or how does that work? 08:30PM
16
MS. NOBLE: They are a third-party
17
independent environmental engineer, and their
18
role, because IDOT and IEPA are both state
19
agencies, is to be an objective third-party entity
20
to monitor the soil contaminants. That's their 08:30PM
21
role.
22
Not part of the City's staff and we
23
have nothing to do with that. That's part of the
24
IDOT project.
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1 MR. SCOTT: Okay. Well, my hope and
2
concern is that -- you know, that they'll have
3
enough staff, that they'll do the proper testing
4
and, you know, look at this stuff really good
5
because, like I say, we can't even monitor 08:30PM
6
composting, how are we going to monitor this?
7
Thank you.
8
CHAIRMAN LINDBLOM: Gentleman in the
9
doorway with a black shirt, I believe you had your
10
hand up. 08:30PM
11
MR. MALOHN: Yeah. My name is Paul
12
Malohn and I live in Pavilion Heights. I have two
13
comments here, and I know you people are all
14
talking about Fox Road construction. What's going
15
to stop them from going around on 71 and coming 08:31PM
16
down Pavilion Road, which can't handle the trucks
17
that go up and down it now?
18
Menards' trucks go up and down there
19
as a cut-off rather than going through Yorkville,
20
so we -- and that doesn't get monitored, so what's 08:31PM
21
going to say they're not going to go around and
22
tear that road up worse than it already is?
23
That's one question I've got.
24
And the other one -- and I know you
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1 don't want to hear about floods, but I lived there
2
in '78 and we lived through a big flood, and the
3
main reason was that creek got plugged up down
4
there, and if they start changing the grade of
5
that property at -- on Pavilion Road right there 08:31PM
6
on that corner down there by Fox Road, that water
7
is still -- it's going to back up into that Timber
8
Creek and there's going to be some real problems,
9
and I think that if you guys go ahead and do this,
10
I think that everyone that there lives out there 08:31PM
11
should get an attorney and sue you for floodplains
12
because that is a floodplain out there. Go out
13
there when it rains. You'll see it.
14
CHAIRMAN LINDBLOM: Okay, enough --
15
MR. MALOHN: That's my only comment. 08:32PM
16
CHAIRMAN LINDBLOM: Enough on that.
17
Gentleman standing up. Make it short, please.
18
MR. GAWLIK: This is a public hearing
19
and I'm here to find answers. Actually I came
20
here to really find answers. 08:32PM
21
I knew it when I bought this land.
22
This is not the first time we've been through
23
this. As you know, this area has been attracting
24
all sort of things.
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1 We just finished, in fact, the dump
2
that they were going to put on 71 within two miles
3
of us; then before that we had country western
4
that they were going to do, there was going to be
5
noise and all sort of stuff. 08:32PM
6
So people moved out here because
7
they wanted to live in the country, because of
8
what Yorkville offers. I didn't -- I didn't come
9
here from Aurora to find out myself that I'm going
10
to be living right next to a construction site. 08:33PM
11
Okay?
12
So I'm not going to dwell on this
13
idea, I just want to make a few points and I'll
14
try to make it very short.
15
First thing is, you know, I ask 08:33PM
16
myself what's the point in having zoning laws if
17
every time we have something that somebody wants
18
to do in this area, they can just come in here and
19
walk through and say oh, we just need new zoning,
20
can you please give us new zoning. What's the 08:33PM
21
point?
22
(Applause.)
23
MR. GAWLIK: When I tried to build on
24
this property, my attorney says go find out what
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1 zonings do they have around you. This will
2
determine what's going to happen.
3
It was purely agricultural. Then it
4
got changed to residential, which is fine.
5
Residential, there is nothing wrong with it. I 08:33PM
6
don't think anyone here is against any major
7
thing. We are just concerned about basic things.
8
Our well. Let's think about our
9
well issue because I want to revisit that. What I
10
heard today -- and you all are witness to this -- 08:34PM
11
he didn't say that it's only limited to 47.
12
He didn't say it will never be
13
contaminated. He said if it is, if it did get
14
contaminated, we will try to contain it. He
15
didn't say that it will never be contaminated. 08:34PM
16
If you disagree with me, will the
17
City of Yorkville then guarantee me? I am right
18
next to the property. I'm not a few hundred feet,
19
I'm right next to it on both sides. My well is
20
probably within 50 feet away. 08:34PM
21
So will the City of Yorkville
22
guarantee me that my well will not be
23
contaminated? Because when and if it does get
24
contaminated, you can bet that I will sue not only
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1 the City of Yorkville, I will sue everyone that's
2
involved because this is my home, this is my life.
3
So with that, this is the well issue.
4
Back to the flood, okay? How many
5
people lived here and can see that there are -- at 08:35PM
6
least I witnessed it once where Pavilion Road
7
itself, I could not drive on it because it was
8
flooded completely, and the site that they are
9
talking about was completely under water, how many
10
of you saw that? 08:35PM
11
Okay. So my question to you is if
12
it's not in the floodplain, why isn't it in the
13
floodplain?
14
MS. NOBLE: We don't determine that.
15
MR. GAWLIK: Okay. Who determines that? 08:35PM
16
MS. NOBLE: The federal government
17
determines that.
18
MR. GAWLIK: Okay. Then we have to talk
19
to the federal government because this really
20
should be in the floodplain. We have seen it -- 08:35PM
21
As you saw from this, we have seen it completely
22
under water. This is where the water flows. It
23
flows from Pavilion Heights, comes down all the
24
way. This is the lowest point in this whole area.
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1 So it is not just me saying it,
2
everyone here saw it, so I don't care what the
3
federal government says. If their maps are wrong,
4
then we can work to fix this problem. But I
5
wanted you to hear that it does get flooded, it is 08:36PM
6
under water, I have seen it under water, and I
7
wish I had a picture of it.
8
In fact, that day it was so much
9
under water I could not drive on Pavilion Road and
10
I had to call to work and say I can't get out of 08:36PM
11
my house and they laugh at me because they
12
couldn't believe that there is so much water out
13
there on the street that I can't drive.
14
So to settle the flood -- the flood
15
issue, okay, I think we can go back, we can work 08:36PM
16
with the government, the federal government, to
17
fix this issue because honestly -- and again, I'm
18
not just saying that, you saw the counts here, it
19
is under water.
20
So when you bring all this dirt -- 08:36PM
21
okay, right now you have all this space -- it's
22
like a city pool. You have all this water flowing
23
all the way from Pavilion Heights all the way down
24
and this is your pool.
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1 Now you're going to go and fill it
2
up with no drainage. None whatsoever. Where is
3
the water do you think going to go?
4
Well, guess what? It's going to
5
flood Pavilion Heights, and if Pavilion Heights 08:37PM
6
gets flooded, that means my house is completely
7
under water, okay?
8
And I will be very honest with you.
9
When I built my house, I had neighbors come to me
10
and tell me, hey, make sure you raise -- you raise 08:37PM
11
your house because this area does get flooded.
12
Okay?
13
But this issue of flooding, it's
14
really a serious issue, and when we bring 5,000
15
trucks, whatever, to dump it there, you are 08:37PM
16
basically filling this pool right now that's
17
basically consuming this water when it rains.
18
CHAIRMAN LINDBLOM: I don't think
19
anybody doubts what you are saying is true.
20
That's not the issue. 08:37PM
21
MR. GAWLIK: Okay. That's number one.
22
Trucks. Related to the trucks --
23
CHAIRMAN LINDBLOM: Is this -- excuse
24
me. Is this something new related to trucks?
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1 MR. GAWLIK: Well, I'm trying to give
2
you the facts. I'm trying to give you the facts
3
and summarize what's being said here, okay,
4
because I came to find facts. I came to find out
5
what's ahead of you, what's being proposed to you. 08:37PM
6
Okay?
7
And what I see here is I see that we
8
have absolutely no plans, none whatsoever, as to
9
what's going on. We look at the trucks, we heard
10
20 trucks, no more than 20 trucks a day; then 08:38PM
11
within their own company they said it's a hundred
12
trucks now, and they don't know. This is only
13
from his company, okay? So with that, I'm going
14
to close on that one for the trucks issue. Okay.
15
Traffic, okay? What we heard today 08:38PM
16
is that they will obey and follow all the
17
guidelines for the weight and that will determine
18
how much each truck will carry.
19
Well, what that says is that, okay,
20
they have to -- they have certain dumps that they 08:38PM
21
have to do, okay, so if you limit the number of
22
pounds, whatever, they're going to load per truck,
23
all that means is they're just going to increase
24
the number of trucks. That does not answer the
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1 question. The question is how are you dealing
2
with the traffic on Fox Road.
3
Today, to be honest with you, Fox
4
Road can't handle the traffic today, okay? And if
5
you want to see Pavilion Road, I wish I brought 08:39PM
6
you pictures of Pavilion Road.
7
Last week I almost had an accident.
8
You know why I almost had an accident? Because
9
there's so many potholes on Pavilion Road that I
10
have to actually go and get in the side lane, and 08:39PM
11
that's another thing I want to bring to the City
12
Council at some different meeting, is that
13
Pavilion Road is a disaster today.
14
CHAIRMAN LINDBLOM: That's not in the
15
city, sir. 08:39PM
16
MR. GAWLIK: Okay. Well, yes, it is.
17
It is within the city.
18
CHAIRMAN LINDBLOM: Portions of it?
19
Okay.
20
MR. GAWLIK: It was taken over by the 08:39PM
21
City once they took the subdivisions, okay?
22
CHAIRMAN LINDBLOM: I'm wrong. I'm
23
wrong.
24
MR. GAWLIK: And right now, it's full
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1 with potholes today. So the idea of more traffic
2
is coming in and more -- it can't handle it today.
3
Okay?
4
If we're saying that -- if there is
5
no contamination, it's all clean fill, we still 08:39PM
6
don't -- I don't have -- Does the City have a
7
definition of what clean fill is?
8
MS. NOBLE: The state does. The IEPA.
9
MR. GAWLIK: Okay. So if it's all clean
10
fill like the gentleman said, it's all great, it's 08:40PM
11
all wonderful, we should be paying them money to
12
do this, why can't the City of Yorkville and
13
themselves give me a guarantee that my well will
14
not be contaminated?
15
If it's all so great, why can't you 08:40PM
16
give me guarantee? I'm asking. This is -- this
17
is a public hearing for you -- for me to ask the
18
question and for you to answer.
19
MS. NOBLE: That is nothing that I can
20
answer. That could be an act of God. It's 08:40PM
21
nothing that any individual can guarantee.
22
MR. GAWLIK: No, it's not an act of God
23
because I can measure it today and I can measure
24
it once they start the construction, and I can
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1 tell you, I don't really care about what the EPA
2
says because in my opinion, I know what the EPA --
3
the EPA can't even handle little things, let alone
4
handle something, you know, 200 miles away, so I
5
don't personally -- you know, all these guarantees 08:40PM
6
about EPA and all that, they mean nothing to me,
7
okay?
8
CHAIRMAN LINDBLOM: What is your point?
9
MR. GAWLIK: My point is you have no
10
guarantees. You're telling us it's a clean fill, 08:41PM
11
but yet at the same time you cannot give me
12
guarantee that you're not going to poison my well,
13
and I'm right next to it. I'm not a hundred feet
14
away, I'm right next to it.
15
Can you give me guarantee? Because 08:41PM
16
this is the question that I'm going to give you,
17
when I do my test and it shows major differences
18
between what I had before and what I have now,
19
these are the questions that I'm going to be
20
asking you in front of a judge. I am not shy 08:41PM
21
about it. I can tell you that right now.
22
MS. NOBLE: Well, since the City is not
23
doing the work and it's not our project, we can
24
guarantee that we won't be the ones contaminating,
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1 if there is. We're not -- the City is not
2
involved in this project. It's set for the
3
special use.
4
MR. GAWLIK: Okay. When we get there,
5
we'll deal with it. Right now my job is to pose 08:41PM
6
the question to you because by posing the question
7
to you, if something does happen and things do go
8
wrong, then I can go to a judge and say, Your
9
Honor, on this day I did tell them, I warned them,
10
and they decided to ignore me and go ahead with it 08:42PM
11
anyway.
12
I'm not saying it's going to happen,
13
I'm not saying you guys are going to ignore me. I
14
think you guys in the past have done a fantastic
15
job. I know you had to fight a big battle to get 08:42PM
16
rid of the dump that they were planning on 71,
17
so --
18
CHAIRMAN LINDBLOM: Sir, it's getting
19
late.
20
MR. GAWLIK: Okay. 08:42PM
21
CHAIRMAN LINDBLOM: I think we have
22
answered your questions. Let's move on to
23
something else.
24
MR. GAWLIK: Okay.
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1 CHAIRMAN LINDBLOM: Something else you
2
have that we have not talked about in the past.
3
MR. GAWLIK: Okay. The other thing,
4
too, is that it just seems like in general every
5
question we asked tonight, we didn't get any clear 08:42PM
6
answer.
7
First we talked about it's two years
8
project, okay? Then it became two years plus. We
9
don't know what that plus is. We have no
10
engineering track, okay? We have no idea what the 08:42PM
11
elevation is going to be. We have no plans for
12
drainage. Nothing.
13
So, I mean, I guess one thing I
14
don't understand is for the traffic light that we
15
want to put in the City of Yorkville, right, we go 08:43PM
16
and we do a city engineering traffic study, and
17
here we are, we've got 5,000 loads, whatever
18
they're going to run, a hundred trucks per day,
19
and no engineering traffic needed? How is that
20
possible? 08:43PM
21
CHAIRMAN LINDBLOM: Okay. These are
22
things that we're going to take into consideration
23
if we get to that point.
24
MR. GAWLIK: Okay. That's all I have.
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1 Thank you.
2
CHAIRMAN LINDBLOM: Way back in the
3
corner. Yes, sir.
4
MR. LAUWERS: Barry Lauwers. I live on
5
Pavilion Road. 08:43PM
6
CHAIRMAN LINDBLOM: Barry, hold on. You
7
are next.
8
MR. LAUWERS: Okay.
9
MR. DUSELL: My name is Fred Dusell.
10
I'm a Yorkville city resident. Before I get 08:43PM
11
started, I never heard tonight, are these drivers
12
going to be paid by the load or by the hour?
13
MR. SAVOREE: Hour.
14
MR. DUSELL: By the hour? Okay. I was
15
hoping to come here tonight and get assurances 08:43PM
16
that I'd be more comfortable with what's going on
17
with this project. I am leaving here tonight more
18
concerns than I came in with. It's unfortunate.
19
(Applause.)
20
MR. DUSELL: The discrepancies between 08:44PM
21
the applicant's representatives just are way out
22
of bounds. They came very ill prepared. I am
23
very concerned with the way this came about.
24
I was in business for ten years
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1 myself. When I went out and purchased things for
2
our business, we had pretty good assurance that
3
what we were purchasing was going to bring a
4
profit to us.
5
How this came about and putting this 08:44PM
6
kind of money down on a property without having a
7
contingency that this property is going to be used
8
for that purpose makes things look kind of
9
underhanded. I want to know about --
10
(Applause.) 08:44PM
11
MR. DUSELL: That's -- that's about it.
12
I'd like to get some good answers on how this came
13
about.
14
CHAIRMAN LINDBLOM: Okay. Barry?
15
MR. LAUWERS: Yeah, Barry Lauwers. I've 08:44PM
16
lived out on Pavilion Road since 1974, I've been
17
through several floods, but I'll tell you this
18
much. As anybody can tell you that lived in
19
Pavilion Heights, and my neighbor George, it
20
floods, comes clear up my driveway about 150 feet, 08:45PM
21
but when it gets down to Fox Road, that's where
22
all the problem is.
23
We've got beaver dams, we have
24
trees, we have brush, we have washers and dryers
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1 and junk thrown in there, and it flooded. Once it
2
got cleaned out, it ran a lot better.
3
Across the road they've got a ditch
4
that runs down there clear to the river, and
5
16 inches of rain we got in that hour, everybody 08:45PM
6
ought to remember that --
7
UNIDENTIFIED AUDIENCE MEMBER: Yep.
8
MR. LAUWERS: -- and I'll tell you what,
9
the water went down that ditch, and Tyson's didn't
10
stay wet hardly at all. I mean, it had some ponds 08:45PM
11
from 16 inches, but it dried up. And I don't
12
think you have to worry about floodplain out
13
there.
14
I don't know about what it's going
15
to do about the wells; I'm not going to argue 08:45PM
16
that.
17
One other thing, they talked about
18
traffic. Okay. I drive that road every day. I
19
don't see a bunch of kids walking on the road
20
except out there hiking, and you've got to be an 08:46PM
21
idiot to walk on Fox Road anyway because of the
22
traffic.
23
The track team, I got so mad, I
24
called the coach a few years ago. I came out of
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1 town -- The town just built a fancy track right
2
out here in back for the kids to run on, and all
3
of a sudden I'm coming up the hill at White Oaks
4
farm, the sun's in my face, and I pretty near
5
wiped out the track team, and I was not a happy 08:46PM
6
camper.
7
If they want to run, let them run on
8
the track team -- on the track out here. For two
9
years if people can't hike around the subdivision
10
and do that kind of thing and have a bicycle 08:46PM
11
that's got a flag and a yellow back on the rider,
12
then they're going to get hit, but don't come with
13
all this traffic business. So that's all I can
14
say.
15
CHAIRMAN LINDBLOM: Okay. Ron? For the 08:46PM
16
record, can we have your name?
17
MR. MORRIS: I'm sorry. Ron Morris.
18
Are the trucks going each -- truck going to be
19
weighed or are they just going to randomly select?
20
And the other thing is, I'm quite 08:47PM
21
concerned about trying to travel on Fox Road.
22
Sometimes it's almost impossible to get out. It's
23
a speed record through there. We've had guys at
24
90 miles an hour coming into town. We've had a
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1 couple guys that wrapped their trees -- or their
2
car around the tree. One moved a house off its
3
foundation.
4
Is the City going to lower the speed
5
limit to, say, 20 miles an hour, get a couple 08:47PM
6
radar cameras so that they can take pictures of
7
anybody speeding?
8
I find it hard to believe that a
9
trucker is going to follow the speed limit.
10
CHAIRMAN LINDBLOM: Okay. I will take 08:47PM
11
about two more questions and then we're going to
12
adjourn. Ma'am, you haven't had a turn yet. Yes.
13
UNIDENTIFIED AUDIENCE MEMBER: My
14
question is for D. Construction. Isn't it true
15
that when you get a commercial loan that you have 08:47PM
16
to do a plain test -- a floodplain test?
17
MR. SAVOREE: Asking the wrong person.
18
I build roads.
19
CHAIRMAN LINDBLOM: I'm sorry, what --
20
Can you restate that? I didn't quite understand. 08:48PM
21
UNIDENTIFIED AUDIENCE MEMBER: Isn't it
22
true when you get a commercial loan that it has to
23
pass a floodplain test?
24
MR. DAVIDSON: No.
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1 UNIDENTIFIED AUDIENCE MEMBER: I believe
2
it is.
3
MR. DAVIDSON: Well, at this point I'm
4
an involuntarily retired commercial development
5
attorney because there is no commercial 08:48PM
6
development, but having done a lot of commercial
7
development projects across the state of Illinois,
8
including projects here in Yorkville, the
9
Walgreens out there on 47 and 126, it's not a
10
requirement, I can tell you that. It's all going 08:48PM
11
to be based on what the bank's requirements are to
12
make the loan.
13
UNIDENTIFIED AUDIENCE MEMBER: Is that
14
new? Did it change? Because it used to be a
15
requirement. 08:48PM
16
MR. DAVIDSON: I --
17
UNIDENTIFIED AUDIENCE MEMBER: Did you
18
finance or was it cash?
19
MR. DAVIDSON: I'm 38 years old, I've
20
been practicing law for 15 years; it's never been 08:48PM
21
a requirement since I have practiced law. My
22
partner is 80, maybe it was at some point, but I
23
can speak to the last 15 years.
24
UNIDENTIFIED AUDIENCE MEMBER: Was the
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1 property financed or did they pay cash?
2
MR. DAVIDSON: I was in Puerto Rico when
3
it closed, so what -- Did you pay cash? Probably.
4
Probably paid cash.
5
UNIDENTIFIED AUDIENCE MEMBER: All 08:49PM
6
right. That's why. That's exactly why you didn't
7
have to do that, because you paid cash.
8
MR. DAVIDSON: Well, on commercial
9
loans, I represent a lot of financial
10
institutions -- 08:49PM
11
UNIDENTIFIED AUDIENCE MEMBER: That's
12
it. You answered my questions.
13
MR. DAVIDSON: Our law firm represents
14
financial institutions in Illinois, and it is not
15
a requirement for a commercial loan. 08:49PM
16
CHAIRMAN LINDBLOM: All right. I'm
17
going to take one more question. You are all
18
pointing to one. Which one is it?
19
MR. ZERANTE: Tom Zerante, River's Edge.
20
I have copies of Plan Council notes from 08:49PM
21
February 23rd, and I believe they were done by
22
Krysti Noble.
23
The packet stated Mr. Schultz, whom
24
I believe we met earlier, mentioned that they will
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1 be reaching out to the area residents to hold a
2
meeting to explain the proposed temporary use and
3
answer questions prior to the Plan Commission
4
public hearing. This would primarily include the
5
Fox Glen residents. Mr. Dhuse mentioned they 08:50PM
6
should reach out to the owner of the property to
7
the west, Mr. Sykes (phonetic), Evergreen Farm.
8
Miss Noble also encouraged contacting the
9
residents of River's Edge, as well as residents of
10
White Oak subdivision. 08:50PM
11
Myself and other dedicated
12
individuals put out the flyer that most of you
13
saw. Did anybody hear from Mr. Schultz prior to
14
this meeting?
15
THE AUDIENCE: No. 08:50PM
16
MR. ZERANTE: What kind of turnout have
17
we had?
18
THE AUDIENCE: None.
19
MR. ZERANTE: None? Mr. Schultz, did
20
that fall off your things to do list? 08:50PM
21
MR. SCHULTZ: No, it didn't. By public
22
notice, I involved within 500 feet of this
23
property. I went out to Fox Glen subdivision and
24
met with several residents.
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1 MR. ZERANTE: Several. How many?
2
MR. SCHULTZ: The three adjoining, and
3
then they pointed me to Judy Gilmour, who I went
4
over and met with her and asked her if there is
5
any questions, please forward them to me, and if 08:50PM
6
there is anything that the public would need, I
7
can provide plans and I can answer any questions,
8
and I pointed them to this public hearing.
9
I mean, I cannot visit every single
10
person in this community. I live in Yorkville, 08:51PM
11
too. I can only meet with who I can meet with in
12
that 500-foot district. I don't -- By law I don't
13
have to go to -- I don't know where you live in
14
Pavilion Heights.
15
UNIDENTIFIED AUDIENCE MEMBER: I live 08:51PM
16
right on the property and I never heard.
17
UNIDENTIFIED AUDIENCE MEMBER: I live
18
right next to the property.
19
MR. ZERANTE: I guess I'm going to say,
20
with the number of people that could be affected 08:51PM
21
by this, the method -- I guess there is lack of
22
communication.
23
Then I have a couple other quick
24
questions here. You're going to put $5,000 for
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1 street cleaning? How long is that going to last?
2
MS. NOBLE: That's a City requirement.
3
That's a City standard.
4
MR. ZERANTE: Don't you think it should
5
be much more? 08:51PM
6
MS. NOBLE: That is a policy decision.
7
They are cooperating with us to put up more of a
8
security, and that will be determined when we have
9
final engineering plans.
10
MR. ZERANTE: And one final question. 08:51PM
11
What are they asking for, a $10,000 bond, when
12
it's going to take a million dollars to rebuild
13
the road that's damaged?
14
What kind of a bond is the City
15
going to ask for in this case? 08:52PM
16
MS. NOBLE: The City is going to ask for
17
whatever is proportionate.
18
First of all, we have to be careful
19
how we tread because this is a public road and
20
they are entitled to drive on the public road just 08:52PM
21
as everyone else is, so we're not charging a user
22
fee. Neither is the County.
23
What we will consider is, as I
24
mentioned earlier, the City just made an ELAP
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1(phonetic) program in 2009, which is a shared,
2
state funded resurfacing of Fox Road, and that
3
included about a mile's worth of resurfacing.
4
We have those numbers as to what it
5
cost to repair, do binders, surface cores, and we 08:52PM
6
will be using those numbers to proportionately get
7
a figure that would appropriately match whatever
8
damage we estimate.
9
We are not coming up with those
10
numbers until we see final engineering plans, 08:53PM
11
which is what we're waiting for if they proceed
12
through the special use process before we issue
13
any permits, and that includes grading and that
14
includes soil and sedimentation protection plans.
15
MR. ZERANTE: And one final comment. 08:53PM
16
They say they're going to bring this back to ag
17
property, but yet they say that they're going to
18
do a future development. The odds of that
19
becoming developed, we'll all be in nursing homes
20
by that time. 08:53PM
21
It appears to me they are using this
22
land to get -- to avoid paying commercial and
23
industrial taxes versus paying taxes on
24
agricultural land.
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1 CHAIRMAN LINDBLOM: Okay. Let me just
2
say that I think all of us sitting in front of the
3
room have heard everything that's been said, I
4
think we all heard it the same way, and I think
5
those of us individually need to go over in their 08:53PM
6
mind are there discrepancies in what's been said,
7
is there a flood issue? I happen to think there
8
is.
9
I think we have -- at least I have
10
many of the same questions as you do, so if you 08:54PM
11
would be so kind as to put your faith in us to
12
discuss this amongst ourselves. You are certainly
13
free to sit here and listen and so on, and then we
14
will make a recommendation.
15
Again I will reiterate that this 08:54PM
16
will go to the City Council on April --
17
MS. NOBLE: April 10th.
18
CHAIRMAN LINDBLOM: -- April 10th and
19
you're certainly all welcome to come to that
20
meeting and state your concerns, or at least -- 08:54PM
21
that's up to the mayor to run that meeting.
22
So with that said, I will entertain
23
a motion to close the public hearing so we can
24
discuss that.
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1 MR. WEAVER: Motion to close the public
2
hearing.
3
MR. PROCHASKA: Second.
4
CHAIRMAN LINDBLOM: Moved and seconded
5
to close the public hearing. Those in favor 08:54PM
6
signify by saying aye.
7
(A chorus of ayes.)
8
CHAIRMAN LINDBLOM: Opposed?
9
(No response.)
10
CHAIRMAN LINDBLOM: The motion passes. 08:54PM
11
(A discussion was had off
12
the record.)
13
CHAIRMAN LINDBLOM: PC2011 --
14
MR. PROCHASKA: Continue it to the --
15
Would the proper thing be that -- If you want, 09:17PM
16
I'll make the motion.
17
I'd like to ask that we would
18
continue the public hearing for PC 2012-01 to the
19
next regularly scheduled Plan Commission meeting.
20
CHAIRMAN LINDBLOM: Is there a second? 09:17PM
21
MR. WEAVER: Second.
22
CHAIRMAN LINDBLOM: Problem, Krysti?
23
MS. NOBLE: No.
24
CHAIRMAN LINDBLOM: Okay. Staff says no
DepoCourt Reporting Service, Inc.
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1 objection to it. Additional comments?
2
MS. NOBLE: Additional comments, no.
3
CHAIRMAN LINDBLOM: Okay.
4
MR. CROUCH: Do we need to vote?
5
CHAIRMAN LINDBLOM: Any further 09:17PM
6
discussion?
7
(No response.)
8
CHAIRMAN LINDBLOM: Those in favor
9
signify by saying aye.
10
(A chorus of ayes.) 09:17PM
11
CHAIRMAN LINDBLOM: Opposed?
12
(No response.)
13
CHAIRMAN LINDBLOM: Motion passes.
14
MR. PROCHASKA: I make a motion that we
15
adjourn. 09:17PM
16
(Which were all the
17
proceedings had in
18
the public hearing
19
portion of the meeting.)
20
---o0o---
21
22
23
24
DepoCourt Reporting Service, Inc.
(630) 983-0030
Page 104
STATE OF ILLINOIS )
1
) SS.
2COUNTY OF LA SALLE )
I, Christine M. Vitosh, a Certified
3
4Shorthand Reporter, do hereby certify that I
5reported in shorthand the proceedings had at the
6hearing of the above-entitled cause and that the
foregoing Report of Proceedings, Pages 1 through
7
8105, inclusive, is a true, correct, and complete
9transcript of my shorthand notes so taken at the
10time and place aforesaid.
I further certify that I am neither
11
12counsel for nor related to counsel for any of the
13parties to this suit, nor am I in any way related
14to any of the parties to this suit, nor am I in
any way interested in the outcome thereof.
15
16 I further certify that my
17certificate annexed hereto applies to the original
18transcript and copies thereof, signed and
certified under my hand only. I assume no
19
20responsibility for the accuracy of any reproduced
21copies not made under my control or direction.
22
23
24
DepoCourt Reporting Service, Inc.
(630) 983-0030
105
1 In testimony whereof, I have
2 hereunto set my hand this 5th day of April , A. D . ,
3 2012 .4 Ozg-&k'A.
5
6 Christine M . Vitosh, CSR
7 CSR No . 084-002883
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Depo•Court Reporting Service (630) 983-0030
106
$ 10:7 97:22 accuse[1]-66:15 agenda[1)-3:18 40:7,43:23,
2009[2)-32:14, 500-foot[1)- acre[1]-42:19 ago[3)-52:14, 50:3,50:5,64:2,
$10,000[1)- 100:1 98:12 act[2)-86:20, 68:9,92:24 66:4,75:8,
99:11 2012[2]-1:14, 5500[1]-32:15 86:22 agree[1]-49:13 84:24,86:18,
$5,000[2)-31:19, 105:3 58[1]-4:24 activity[2]-9:16, agreed[2)-33:6, 86:20,89:6,
98:24 2012-01[1]- 5th[1)-105:2 12:14 70:17 97:3,98:7
102:18 acts[1]-67:6 agreement[4]- answered[s)-
2012-02[2]-3:19, 6 actual[1]-32:17 6:8,10:6, 12:3, 5:19,20:7,
4:4 addition[2)- 22:1 26:19,66:13,
'78[1)-78'2 21st 1)-48:10 60432[1)-5:1
[ 32:5,56:6 agricultural[3)- 88:22,96:12
O 23[1)-48:3 Additional[1)- 4:13,80:3, answering[1)-
23rd[1]-96:21 7 103:1 100:24 26:16
084-002883[1]-
25[2)- 7[1)-61:23
36:20, additional[4]- agriculture[4)- answers[4)-
105:7 54:16 21:19,35:21, 9:17,18:4, 18:5, 74:9,78:19,
27[1)-61:21 71[4)-75:18,77:15,79:2, 36:12, 103:2 18:6 78:20,91:12
1 88:16 address[13)- ahead[5]-9:19, anticipate[1]-
3
77-unit[1]-7:5 7:14,8:15, 64:16,78:9, 44:11
1[1)-104:7 30[2)-45:21, 7:00[1)-1:15 12:19, 14:17, 84:5,88:10 anticipated[1]-
10[3]-21:17, 14:18, 14:19, aisle[1]-60:6 27:10
36:20,45:13 54'9 16:9,25:11, alcohol[1]- anyway[3)-
10,000[1]-60:23 31st[1)-48:17 8 25:23,26:21, 21:12 45:11,88:11,
10-6B-2[1]-4:14 34[1]-29'12 8,000[1]-16:11 29:22,30:4, ALLEN[4)- 92:21
10-6C-2[1]-4:14 35[1]-45:2 71:13 66:21,67:15, Applause[4]-
38[1)-95:19 BO[1)-95:22
105[1)-104:8 80,000[1]-16:23 addressed[1)- 69:23,70:24 61:6,74:21,
10th[4)-35:6, 800[1)-1:10 26:18 Allen[1)-66:22 79:22,90:19
35:7, 101:17, 4 addressing(1)- allow[s)-5:4, applause[3)-
101:18 43:21 5:18, 14:14, 43:4,72:4,
40[1)-45:2 9 adequate[2)- 20:9,20:18, 91:10
11[1]-22:3 q4[1]-61:24
12[4)-22:19, 45[1]-49:19 90[1)-93:24 43:11,43:12 55:7 applicants[1)-23:1,25:22, 99[1]-56:24 adhere[z]- allowable[z]-
90:21
66:22 6:2233, 10:19,47[ -6:22,19, 48:15,48:17 11:21,21:1 application p)-
126[2)-29:12, A adjacent[4)- allowed[61-4:13, 5:3,48:5,62:2,
10:22,20:24,
95:9 22:4,22:20, 6:19, 10:7, 62:3,62:8,13[1]-25:7 27:19,28:5, AM[1]-105:2 23:3,52:5 11:24,29:6, 62:10,62:11
28:18,28:19, able[5)-11:1, adjoining[1)- 30:16 applied[1]-
14[2)-1:14, 28:20,29:1,
26:24 15:9,26:21, 98:2 almost[s)-
24:13
32:16,36:12, 58:10,58:18 adjourn 2 10:15, 18:10, applies[2]-
1416[t)-48:6 39:2,39:6,39:9, � [)
15[3)-28:9, above-entitled[1) 94:12, 103:15 71:9,85:7,85:8, 11:19, 104:17
39:13,40:14,
95:20,95:23 41:19,42:8, -104:6 adoption[1 1- 93:22 appropriate[4)-
150[1)-91:20 42:23,44:12, absolute[1)- 48:9 alone[1)-87:3 19:22,20:4,150-foot[1)- adopts[1]-64:6 ALSO[1)-2:9 24:21,25:2
52:12,52:15, 26:24 69:22 52:18,52:23, absolute) [3]- adult[1)-54:10 alternate rnate[1 appropriately ately[1)
16[4)-12:24, 52:24,53:10
41:22,42:3, adults[1)-54:13 42:22 -100:7
,
29:7,92:5, 54:20,55:2, 84'8 adversely[1]- amount 14]- approval[2)-
69:16,70:
92:11 abuts[1)-71:11 18:15 44:11,44:15, 12:6,50:15
1 acceleratin g[2)-
17[1]-31:2 75:24,80:11, affect[1)-18:15 44:16,61:14 approved[1)-6:8
18[3)-31:5,31:9, 95:9 20:10,20:20 affected[1)- ample[1]-70:11 April[61-35:6,
38:5 49[1)-44:21 acceptable[2)- 98:20 analysis[1]- 35:7. 101:16,
19[1]-32:24 8:10,47:1 afford[1]-31:3 23:23 101:17, 101:18,
1974[1]-91:16 5 access[3)-17:4, Andreano 105:2
aforesaid[1)- [11-
38:17,38:21 104:10 4:24 area[22)-6:2,
2 5,000[12)-45:14, accident[2]- afterwards[1)- annexation[5)- 6:3,6:12,613,
58:23,59:1, 85:7,85:8 22:23 6:8, 10:6, 12:3, 6:24,7:3,9:16,
20[11]-8:5,8:24, 59:12,59:16, accidents[2]- ag[4)-17:18, 22:1,34:12 10:11, 10:12,
34:11,34:22, 60:22,71:21, 35:24,36:8 27:4,31:11, annexed[1]- 13:20, 14:15,
45:13,45:21, 73:14,83:14, according[3)- 100:16 104:17 18:18,26:3,
46:2,54:16, 89:17 13:2,39:7, agencies[3]- answer[20)- 26:5,34:20,
84:10,94:5 50[3)-42:9, 46:24 57:1,57:3, 5:20,9:3,22:7, 42:17,74:20,
200[2)-5:1,87:4 44:19,80:20 accuracy[1]- 76:19 31:4,31:13, 78:23,79:18,
2006[3)-6:7,7:7, 500[2)-46:11, 104:20 agency[1)-47:9 35:12,36:16, 81:24,83:11,
Depo•Court Reporting Service (630) 983-0030
107
97:1 authorization[1] 29:12,87:18, 59:23,64:21 19:22, 19:24 57:14,59:19,
areas[e]-4:8, -4:7 90:20 broader[i]- cattle[2]-68:8, 60:5,61:16,
5:5,6:16,33:17, available[3]- beyond[1]- 62:19 68:9 64:15,65:23,
40:5,51:10, 13:1, 13:12, 31:23 broke[1]-75:13 CDL[l]-21:11 66:5,66:9,
53:11 59:14 bicycle[1]-93:10 brought[ill- Center[2]-74:20, 66:12,66:19,
argue[1]-92:15 average[i]-46:1 bicyclists[1]- 6:17,7:6,8:1, 75:1 67:13,71:2,
Art[]-2:5 avoid[i]-100:22 21:9 33:11,33:17, certain[3]- 72:15,74:2,
aspect[i]-62:18 avoided[2]- bid[5]-49:11, 39:16,43:9, 19:24,43:19, 75:7,76:6,77:8,
asphalt[4]- 54:21,56:14 50:24,58:2, 49:3,67:11, 84:20 78:14,78:16,
29:16,30:12, awarded[1]- 58:24,59:9 85:5 certainly[5]- 83:18,83:23,
63:3,63:9 58:1 bidding[1]-58:4 brown[1]-68:22 43:12,58:7, 85:14,85:18,
assault[i]-62:20 aware[1]-11:5 big[6]-36:7, Brumund[1]- 58:14, 101:12, 85:22,87:8,
assessment[2]- axle[1]-16:24 40:1,67:10, 4:23 101:19 88:18,88:21,
51:1,51:5 aye[3]-3:6, 70:9,78:2, brush[1]-91:24 certificate[1]- 89:1,89:21,
associated[1]- 102:6, 103:9 88:15 build[3]-33:1, 104:17 90:2,90:6,
5:17 ayes[4]-3:7, biggest[3]-22:9, 79:23,94:18 certification[1]- 91:14,93:15,
Associates[2]- 3:24, 102:7, 45:11,45:13 building[1]- 47:21 94:10,94:19,
11:5,30:1 103:10 bike[i]-48:4 61:13 Certified[i]- 96:16, 101:1,
Association[1]- Bill[1]-27:18 built[5]-6:17, 104:3 101:18, 102:4,
35:17 B binders[1]- 6:19,67:1,83:9, certified[1]- 102:8, 102:10,
assume[i]- 100:5 93:1 104:19 102:13, 102:20,
104:19 BA[1]-48:6 Birch[1]-26:12 bullfrog[1]-6:14 certify[8]-40:7, 102:22, 102:24,
assurance[2]- backsliding[i]- bird[1]-70:7 bunch[2]-74:15, 40:9,40:10, 103:3, 103:5,
52:19,91:2 17:19 bit[4]-23:21, 92:19 40:13,47:17, 103:8, 103:11,
assurances[i]- bank's[1]-95:11 49:19,58:17, Bureau[2]- 104:4, 104:11, 103:13
90:15 Barry[4]-90:4, 73:24 46:14,47:12 104:16 Chally[1]-71:6
astronomical[1]- 90:6,91:14, black[2]-49:24, business[4]- Chair[2]-7:14, chance[1]-22:23
32:19 91:15 77:9 49:18,90:24, 7:17 change[2]-
attached[1]- base[2]-33:2, blue[2]-61:17, 91:2,93:13 Chairman[3]- 67:15,95:14
11:3 34:4 61:18 by-products[i]- 2:2,4:22,5:2 changed[2]-
attachment[1]- based[6]-25:6, board[4]-5:2, 29:15 CHAIRMAN[118]- 38:8,80:4
29:22 30:17,37:2, 11:4, 19:18, 3:1,3:5,3:8, changing[1]-
attempt[1]- 51:4,51:16, 25:16 C 3:10,3:17,3:22, 78:4
28:11 95:11 Board[1]-48:9 4:1,4:3,4:20, charging[1]-
attention[1]- basic[1]-80:7 bond[6]-17:19, cameras[1]-94:6 7:20,8:3,8:10, 99:21
49:4 battle[1]-88:15 31:10,31:14, camper[i]-93:6 8:17,8:20,9:1, Charles[1]-2:4
attorney[3]- beat[i]-59:19 32:9,99:11, can..[1]-55:24 9:6,9:9,9:14, check[i]-68:17
78:11,79:24, beautiful[1]- 99:14 cannot[9]- 11:11, 11:15, Chicago[i]-
95:5 61:4 bonding[1]- 16:13, 17:6, 12:15, 13:6, 52:16
attracting[i]- beaver[1]-91:23 17:14 23:12,45:6, 13:10, 13:19, chime[1]-8:16
78.23 became[1]-89:8 bought[2]-75:4, 69:23,75:17, 14:10, 14:13, China[i]-62:22
attributable[1]- become[1]-5:22 78.21 87:11,98:9 17:16, 18:13, choose p]-
32:23 becoming[1]- bound[1]-34:11 capacity[2]- 19:7,20:6, 57:16
audience[2]- 100:19 bounds[l]- 16:15, 16:22 20:17,21:6, chorus[4]-3:7,
35:9,50:21 began[1]-28:7 90:22 car[2]-54:3,94:2 21:17,22:3, 3:24, 102:7,
AUDIENCE[22]- behalf[2]-4:5, Brandon[6]-4:6, care[3]-64:23, 22:19,22:22, 103:10
13:4,22:17, 4:16 14:21,25:13, 82:2,87:1 25:7,26:23, Christine[2]-
38:7,44:21, behind[3]- 27:16,28:21, careful[2]- 27:13,27:20, 104:3, 105:6
45:1,53:3, 35:14,67:24, 39:4 54:11,99:18 28:3,28:9,29:7, Circle[i]-66:22
66:17,73:11, 72:21 breaks[1]-29:16 carry[2]-16:23, 31:2,31:9. citizens[2]-
75:3,92:7, below[1]-15:6 bridge[i]-72:18 84:18 32:24,34:10, 10:19,35:22
94:13,94:21, best[4]-6:14, briefly[i]-72:6 cars[2]-38:3, 34:21,35:7, CITY p]-1:2
95:1,95:13, 13:1, 13:12, bring[13]-3:19, 53:20 36:15,36:23, city[14]-6:6,
95:17,95:24, 22:15 6:12,45:17, cart[i]-72:1 39:19,40:23, 9:24, 16:2,
96:5,96:11, bet[i]-80:24 53:1,57:6, case[2]-10:15, 41:2,41:4,41:8, 18:10,20:8,
97:15,97:18, better[5]-5:23, 57:10,65:9, 99:15 45:4,46:6,46:9, 32:3,32:20,
98:15,98:17 31:13,58:19, 74:12,82:20, cash[6]-32:9, 47:14,47:22, 33:20,37:19,
Aurora[1]-79:9 72:13,92:2 83:14,85:11, 95:18,96:1, 48:1,51:24, 82:22,85:15,
authority[i]- between[6]- 91:3, 100:16 96:3,96:4,96:7 52:3,53:5,53:7, 85:17,89:16,
31:24 16:3,22:9,24:8, bringing[2]- category[2]- 53:14,56:1, 90:10
Depo•Court Reporting Service (630) 983-0030
108
City[51]-4:15, closed(1)-96:3 19:12,20:4 42:12,43:2, contingent p)- 82:18
6:6,6:8, 10:9, closing[1)- complete[1]- 70:14,70:15, 60:10 county[e)-10:1,
14:23, 16:3, 20:12 104:8 74:18,99:23 continue[2]- 16:1, 16:8,
17:5, 17:9, coach[1]-92:24 completely[4]- consideration[i] 102:14, 102:18 38:17,38:18,
17:11, 17:12, Code[1]-4:15 81:8,81:9, -89:22 contract[2]- 70:6,70:9
17:20, 19:21, college[1]-38:6 81:21,83:6 considered[1]- 58:2,65:13 County po)-
20:2,20:18, combine[1]- completes[i]- 42:6 contractor[2]- 16:4, 16:20,
21:19,21:23, 21:3 34:22 considering[4)- 23:22,47:20 17:3, 17:5,57:2,
25:17,25:20, combustible[1]- completion[2)- 17:19,20:11, contribute[i)- 60:17,69:5,
31:3,32:14, 11:21 27:1,27:8 21:7,50:16 34:18 99:22
35:1,35:6, comfortable[i)- compliance[1)- construction[4)- control[a]-14:7, COUNTY[1]-
49:13,50:8, 90:16 50:12 49:18,77:14, 19:23,22:14, 104:2
50:10,50:12, coming[171- comply[i]-64:4 79:10,86:24 31:18,33:19, couple[5]-
50:16,60:17, 12:11,23:10, composting[i)- Construction[17] 67:4,75:18, 31:15,49:6,
61:23,65:16, 24:14,30:8, 77:6 -4:5, 14:21, 104:21 94:1,94:5,
76:11,80:17, 35:21,36:5, compounds[2]- 19:9, 19:10, Control[1]-48:9 98:23
80:21,81:1, 36:6,36:11, 29:10,29:20 23:9,25:13, cooperating(1)- Court[1)-26:12
85:11,85:21, 40:4,53:11, Comprehensive 27:9,27:14, 99:7 cover[1)-68:24
86:6,86:12, 59:4,68:20, (3)-6:5, 10:10, 28:10,28:22, cooperative[2]- crappie[i)-
87:22,88:1, 77:15,86:2, 21:24 30:21,37:3, 17:8,32:1 33:13
89:15,94:4, 93:3,93:24, concept[i]- 39:4,45:9, copies[5)-8:19, Crawford[1]-
99:2,99:3, 100:9 62:13 45:11,49:10, 9:13,96:20, 33:8
99:14,99:16, comment[6]- conceptual[1]- 94:14 104:18, 104:21 crazy[1]-71:15
99:24, 101:16 16:10,23:18, 34:16 consultant[7)- copy(ii-8:24 creating[1]-20:3
City's(8)-11:13, 28:22,53:7, concern[7)- 17:12,23:20, cores[1]-100:5 creative(1)11:18, 17:19, 78:15, 100:15 36:7,37:17, 27:17,56:4, coring[i]-49:21 53:17
19:8,22:1,49:8, comments[3]- 37:18,37:22, 56:11,76:8, corn[1]-50:1 credit[2)-32:10,
50:8,76:22 77:13, 103:1, 54:3,54:14, 76:11 corner[61-35:13, 62:13
clarification[1]- 103:2 77:2 consultants(1i- 66:20,68:19, creek[1 i-78:3
61:10 commercial(9)- concerned[5)- 23:8 71:6,78:6,90:3 Creek(3)-71:11,
clarify(3)-36:16, 21:13,94:15, 62:18,69:1, consume[1)- corners[1]-4:10 71:13,78:8
53:8,64:1 94:22,95:4, 80:7,90:23, 21:12 cornfield[1)- criteria[2]-
clean[23)-6:18, 95:5,95:6,96:8, 93:21 consuming[1]- 21:5 19:17,64:9
7:2, 10:12,25:4, 96:15, 100:22 concerns[e)- 83:17 correct[3]-43:8, crossing[1]-
26:3,26:5, Commission(15) 5:9,32:13, contacting[1)-
64:14, 104:8 68:8
28:16,29:6,
-3:13,6:7,8:2, 35:17,37:9, 97:8 corridor[1)- Crouch[i]-2:3
30:20,39:17, 19:15,39:11, 46:14,66:13, contain(2)-29:9, 72:22 CROUCH(2)-
49:9,49:14, 40:20,42:9, 90:18, 101:20 80:14
cost[1]-100:5 3:20, 103:4
49:16,49:17, 43:16,43:17, concrete[4)- contaminants[3] costs(4)-32:18, CSR[2)-105:6,
49:23,51:16, 55:1,57:16, 30:12,58:10, -23:13,46:16, 34:19,58:6, 105:7
63:2,63:21, 64:10,73:22, 63:3,63:9 76:20
58:8 current[s]-
64:12,86:5, 97:3, 102:19 concurrent(1)- contaminated Council[12)-6:8, 11:10, 13:16,
86:7,86:9, COMMISSION[ij 28:5 [1e]-24:9, 7:6,25:17,33:7, 29:11,30:18,
87:10 -1:5 condition[5)- 24:22,24:23, 35:1,35:2,35:4, 41:15,73:8
cleaned[1]-92:2 committed(1)- 39:11,40:19, 25:3,25:5,30:3,
35:6,66:15, cut[t]-77:19
cleaning[3)- 43:22 40:21,53:13, 30:6,30:22, 85:12,96:20, cut-off[1]-77:19
31:19,31:21, committee[2]- 57:17 46:20,51:11, 101:16
99:1 69:12,69:15 conditions - 76:1,80:13,
clear[5]-26:17, [ ) council[2)- p
communication 65:8 80:14,80:15, 29:24,74:18
50:20,89:5, [1)-98:22 confirmation(2)- 80:23,80:24, counsel[2]- D-965812[1)-
91:20,92:4 community[5)- 16:19,62:3 86:14 104:12 1:24
clearly[1]-18:8 5:22,5:23, conformance[7] [i) dairy -68:9
client(3)-15:20, count[�)-44:2 ry[)
15:17,33:23, -6:5, 10:5, -87:24 dam(1)-67:6
28:15,44:9 counted[i)-
98:10 18:23, 18:24, contamination[4) 48:22 damage[5]-
clients[1]-33:5 Community[i)- 21:22,33:19, -11:9,24:21, 14:23, 17:10,
Clinton[1]-5:1 2:10 33:20 51:2,86:5 country -54:5,
79:3,79:7 32:22, 100:8
clock[1]-74:13
company[4)- conjunction[2)- context(3)-26:7, Countryside(2)- damaged[1]-
close[5)-44:22, 12:23,56:17, 12:1,12:8 37:24,38:2 74:19,75:1 99:13
84:14, 101:23, 84:11,84:13 consider[e]- contingency[1)- counts[4)-38:1, dams[i)-91:23
102:1, 102:5 compatible[2)- 12:16, 13:20, 91:7 40:8,40:10, darts[1]-46:5
Depo•Court Reporting Service (630) 983-0030
109
data[3]-13:1, 43:13,99:6 33:16,34:3, 59:11,63:2, 29:16,32:4, 60:2,60:3,61:2,
13:13, 19:3 dedicated p]- 48:7,49:20, 64:13,64:19, 33:12,35:22, 61:5,61:7,79:1,
date[3]-26:24, 97:11 100:19 69:13,71:22, 38:4,42:23, 83:15,88:16
27:8,68:16 deem(2]-19:21, developer[3]- 73:14,73:16, 45:7,45:16, dumped p]-
Dave(9]-9:19, 34:19 7:4, 18:1, 18:22 73:18,74:19, 49:22,53:20, 63:15
14:18, 15:13, deemed[i]- developing[1]- 82:20 54:5,54:18, dumping[9]-
15:21,22:7, 24:10 39:15 disagree(4]- 54:22,63:12, 9:16,9:21,
23:4,25:11, defined[1]-25:3 Development[i] 33:6,43:5, 68:13,69:5, 12:16, 18:15,
29:21 defines(i]- -2:10 44:17,80:16 71:10,71:12, 18:18,22:4,
David[3]-8:13, 24:21 development[311 disagreement(i) 72:22,75:18, 63:19,63:22,
12:20, 13:11 defining[i]- -6:9,6:11, -44:18 77:16,77:17, 71:21
D"IDSON[54]- 24:22 6:21,6:22,7:11, disaster[]- 77:18,78:3, dumps[1]-84:20
4:19,4:22,7:22, definition[2]- 7:12,9:24,12:1, 85:13 78:6,81:23, duration[i]-27:6
8:9,8:12,9:13, 49:17,86:7 12:8, 14:4, 14:9, discrepancies[2] 8223,91:6, during[5]-21:3,
9:18, 12:18, degree(1]-40:4 15:16,21:23, -90:20, 101:6 91:21,92:4, 21:12,25:14,
14:17, 15:12, delineated(i]- 22:15,24:2, discretion[1]- 92:9 53:24,56:5
17:21, 18:17, 13:16 25:14,25:18, 7:14 drain[1]-42:17 DUSELL(4)-
19:13,20:14, delineation(1]- 31:20,31:21, discuss(3]- drainage[12]- 90:9,90:14,
20:22,21:10, 24:8 33:15,33:21, 66:14, 101:12, 42:16,67:3, 90:20,91:11
21:21,22:7, demand[1]- 33:22,43:22, 101:24 67:7,68:14, Dusell[1]-90:9
23:4,25:10, 31:24 50:11,61:12, discussion[3]- 69:1,71:13, dust[]-25:9
28:14,29:4, demanding[1]- 65:2,95:4,95:6. 38:16, 102:11, 72:7,72:8, dwell[i]-79:12
29:21,31:6, 62:22 95:7, 100:18 103:6 72:18,73:9,
31:12,33:3, demise[2]- developments[2] discussions[2]- 83:2,89:12 E
36:19,37:23, 20:10,20:20 -17:20,49:20 26:8,27.11 drained[1]-
38:9,38:13, Department[7]- Dhuse[1]-97:5 distance[i]- 42:20 earn[1]-58:11
39:3,39:14, 10:16, 15:15, dictate[2]- 70:10 draining[3]- East[2]-4:24,
41:13,41:22, 15:18 34:9 44:14,44:16 District[1]-4:8 13:21, 14:1, 26:12
42:3,43:14, 47:6,56:7, diets[i]-62:23 district[2]-20:5, 14:5 economy(1]-7:4
44:5,44:9, 56:11 difference[i]- 98:12 drains[1]-72:22 Edge[4]-16:2,
44:17,60:12, department[1]- 65:8 ditch[2]-92:3, dried(1]-92:11 60:8,96:19,
63:4,63:21, 38:18 differences[1]- 92:9 drinking[1]- 97:9
63:24,64:4, depressional[2]- 87:17 divides[2]-72:9, 53:22 educate[1]-
64:14,64:22, 6:16,33:17 different p]- 72:18 drive(s]-81:7, 50:21
65:22,94:24, Dervin[i]-66:22 30:7,32:4,40:4, division[1]- 82:9,82:13, effect(3]-24:13,
95:3,95:16, design[1]-37:20 70:19,72:8, 38:18 92:18,99:20 48:13,48:16
95:19,96:2, designated[1]- 72:17,85:12 DNR[6]-46:13, Drive[3]-32:16, effectively[1]-
96:8,96:13 19:21 differential[1]- 46:17,47:1, 48:4,61:21 18:20
Davidson[2]- designed[2]- 13:21 47:5,47:8, drivers[3]- effectuate[3]-
4:23,4:24 16:22,60:20 difficult[1)- 47:14 21:10,21:11, 6:20,6:22,
days[6]-28:1, details[1]-73:1 25:23 document[2]- 90:11 33:22
36:21,37:5, determination[1] direction[2]- 61:22,61:23 drives[2]-21:4 eight[2]-20:7,
37:7,44:2, -19:19 72:13, 104:21 dollars[1]-99:12 driveway(1]- 54:9
45:13 determine[8]- directly[2]- Don[1]-39:22 91:20 either 11 -61:18
dead[2]-26:24, 11:8, 17:14, 13:22, 14:5 done[19]-9:23, driving[1]-21:14 ELAP[1]-99:24
27:7 40:11,41:15, Director[i]-2:11 12:1, 14:23, drop[2]-26:24, Eldamain[1]-
deal[3]-55:5, 51:10,80:2, dirt[42]-6:1,6:2, 22:14,25:3, 27:7 28:12
75:17,88:5 81:14,84:17 6:4,6:12,6:17, 27:11, 32:22, drop-dead[2]- elevation[4]-
dealing[2]- determined[8]- 6:18,6:24,7:1, 33:18, 33:20, 26:24,27:7 13:21,65:7,
43:17,85:1 13:23, 15:7, 23:10,23:11, 33:21,38:1, drug[1]-21:12 69:22,89:11
debris[2]-29:9, 39:17,51:16, 26:3,26:5, 43:6,50:22, dryers[1]-91:24 elevations[2]-
31:16 65:1,99:8 28:16,28:17, 60:23,61:12, due[1]-43:15 64:24,73:2
decide[1]-34:24 determines[2]- 30:10,30:20, 70:24,88:14, duly[i]-3:16 elsewhere[i]-
decided[3]- 81:15,81:17 33:12,33:13, 95:6,96:21 dump(21)-5:24, 37:19
32:10,66:7, develop[41- 33:16,37:6, doors[1]-71:3 20:10,20:20, empirical[1]-
88:10 6:10,7:5, 10:4, 39:16,39:17, doorway[2]- 26:9,26:13, 19:3
decides[1]- 17:22 41:18,44:11, 64:17, 77:9 26:14,33:1, encouraged p]-
40:20 developed[9]- 44:15,44:20, doubts[1]-83:19 33:3,33:11, 97:8
decision[4]- 19:5, 19:23, 49:24,53:10, down[34]-18:20, 34:2,44:23, end[8]-17:18,
19:14,35:2, 33:11,33:15, 57:5,57:7, 19:6,21:4, 52:17,54:8, 18:1,28:8,31:7,
Depo•Court Reporting Service (630) 983-0030
110
65:3,70:20 essentially[2)- extreme[2]- 97:22 firm(3]-4:23, 37:9,37:14,
energy pi-8:6 23:10,73:8 13:21, 17:10 felt[1]-20:3 8:14,96:13 62:7,84:16,
engaged p]- Estates[4]-4:11, FEMA[3]-13:3, First[1[-99:18 94:9
76:3 12:2,41:11, F 13:14,62:5 first[14]-3:19, follow-up[1]-
engineer[7]- 53:16 fertilizer(l]- 9:21, 11:13, 15:24
12:18, 12:23, estimate[3]- face[1]-93:4 23:16 20:18,47:24, followed[1]-
13:12,56:8, 36:17,71:22, faces(1]-67:12 few(1 o)-9:11, 48:2,49:6,50:4, 62:11
64:23,65:20, 100:8 facilitate[2]- 9:13, 14:15, 50:7,52:1,73:4, following[3]-
76:17 estimated p]- 42:24,49:14 33:5,52:14, 78:22,79:15, 6:1,22:13,
Engineering[2]- 44:2 fact[6]-20:11, 67:12,67:18, 89:7 57:21
2:12,24:18 estimating(2]- 30:12,54:2, 79:13,80:18, FISCHER[3]- Ford[1]-41:11
engineering[15]- 59:4,59:6 55:14,79:1, 92:24 8:19,8:23,9:4 foregoing pi-
8:14,9:20, evening[2]- 82:8 field[3]-46:21, Fischer[i]-8:23 104:7
15:22, 17:12, 24:17,66:21 facts[4]-72:16, 56:9,68:22 fishing[1]-33:13 forest[3]-22:5,
22:15,23:19, event[2]-25:15, 84:2,84:4 fight[i]-88:15 fit[1[-59:2 22:11,68:11
42:18,56:11, 30:4 fairness[1]- figure[2]-58:19, five[4]-17:17, Forest[1]-22:4
72:24,73:6, Evergreen[e]- 43:15 100:7 38:15,44:23, forget(1]-61:8
89:10,89:16, 4:11,5:6, 12:2, faith[1]-101:11 figured p]-58:5 44:24 form p]-32:9
89:19,99:9, 12:21,46:12, fall(2]-21:4, filing p]-65:24 fix[2]-82:4, former[2]-29:11,
100:10 62:12,67:20, 97:20 fill(34]-4:8,7:2, 82:17 33:8
engineers[2]- 97:7 familiar[2]- 10:13, 11:6, flag(1]-93:11 formerly(3]-5:5,
15:8,34:5 evidence[1]- 67:14,72:7 28:18,28:24, flies[1]-70:8 34:12,48:22
Enmarc[9]-11:5, 43:12 Family[1]-4:7 29:2,29:6, flood[7]-74:1, forth[5]-10:9,
30:1,47:21, exactly[2]- fancy[1]-93:1 30:14,36:11, 78:2,81:4, 19:17,55:6,
50:5,50:17, 71:14,96:6 fantastic[1[- 39:2,39:8, 82:14,83:5, 58:10,60:24
50:18,76:3, excavated[i]- 88:14 40:17,49:9, 101:7 forward[2]-
76:7,76:10 33:18 far(3]-7:19, 49:14,49:16, flooded[7]-71:8, 17:14,98:5
entering[1)- excavating[2]- 41:18,58:19 49:17,49:23, 71:15,81:8, foundation[1]-
38:23 12:4,64:7 farm[4]-49:18, 57:11,58:12, 82:5,83:6, 94:3
Enterprises[2]- excavation[2]- 62:23,68:9, 58:15,63:2, 83:11,92:1 four(2]-14:13,
2:13,24:18 56:5,57:23 93:4 63:21,64:12, flooding[2]- 65:10
entertain[2]- exceed[3]-11:9, Farm[5]-1:10, 67:8,69:18, 74:7,83:13 Fox[42]-4:10,
35:8, 101:22 30:17,34:7 4:11,5:6,33:8, 69:24,73:3, floodplain[2o]- 5:10,5:13,5:14,
Entertain[1]-3:1 except[1]-92:20 97:7 83:1,86:5,86:7, 12:17, 13:15, 5:15, 14:6, 15:4,
entire[3[-18:11, excuse[4]-8:20, farmed[1[-73:9 86:10,87:10 13:17, 13:18, 15:5, 15:7,
71:8,73:19 45:20,62:8, farmer[1]-21:3 filled[2]-33:14, 13:22, 13:24, 16:10,20:9,
entitled[2]- 83:23 farming[2]- 62:8 14:5, 14:6, 20:13,20:18,
99:20, 104:6 Excuse p]- 62:18,63:5 filling[1o]-5:4, 42:17,61:24, 21:8,26:12,
entitlement[1]- 57:15 farmland[1]- 9:22,9:23, 10:4, 62:6,62:9,71:7, 32:15,33:9,
18:21 exist[1[-61:24 62:20 10:7, 11:20, 78:12,81:12, 33:13,35:19,
entity[2]-75:19, existing[4]- Farms[2]-62:12, 12:5, 18:18, 81:13,81:20, 38:4,42:8,
76:19 65:8,66:24, 67:20 64:7,83:16 92:12,94:16, 46:11,48:3,
entrance[1[- 68:18,73:10 favor[4]-3:6, fills[1]-59:12 94:23 53:20,60:24,
38:21 exit p]-38:21 3:23, 102:5, final[7]-34:17, floodplains[1]- 66:22,69:4,
environmental exiting[i]-38:23 103:8 35:2,73:5,99:9, 78:11 69:6,70:7,
[1o]-23:7, expansion[1]- favorable[3]- 99:10, 100:10, floods[3]-78:1, 72:11,72:21,
27:17,30:24, 6:23 25:16,25:17, 100:15 91:17,91:20 72:22,77:14,
51:1,51:5,56:4, expected[1]- 64:10 finance[l]- flowing(1]- 78:6,85:2,85:3,
56:23,57:4, 36:18 February[i]- 95:18 82:22 91:21,92:21,
76:14,76:17 experience[l]- 96:21 financed[1]- flows(2)-81:22, 93:21,97:5,
environmentalis 61:15 federal[4]- 96:1 81:23 97:23, 100:2
t[1]-40:12 expert(3)-44:4, 81:16,81:19, financial[2]- flyer[4]-5:10, frankly[1]-17:23
EPA[4]-87:1, 44:8,44:10 82:3,82:16 96:9,96:14 5:11,26:11, Fred[1]-90:9
87:2,87:3,87:6 expertise[1]- fee[2]-65:24, fine[2]-65:14, 97:12 free[1]-101:13
erosion(3)-14:7, 23:14 99:22 80:4 folks[7]-7:15, front(4)-39:21,
22:13,22:14 experts[2]- feet po]-32:15, finish[1]-50:2 28:22,30:24, 75:9,87:20,
especially[2]- 35:12,46:4 42:19,46:11, finished(2]- 38:10,39:3, 101:2
20:11,21:7 explain[1]-97:2 54:9,65:10, 27:4,79:1 43:23,63:13 fuel[1]-49:2
essence - extent[1]-19:2 80:18,80:20, FIRM[3]-13:3, follow[8]-15:24, fulfill[1]-12:11
13:24 extra[1]-20:12 87:13,91:20, 13:13,62:4 22:12,37:1, full[6]-28:20,
Depo•Court Reporting Service (630) 983-0030
111
49:2,59:17, 98:3 52:15,55:9, HEARING[1]- Hirsch[1]-39:22
71:19,85:24 given[2]-46:20, 87:5,87:10 1:6 hIRSCH[1]-41:3
function[i]- 73:1 guess[151-13:8, hearing[13]-3:2, history[1]-48:23 idea(4)-25:22,
19:20 glad[3]-26:20, 29:18,30:4, 4:4, 11:24, hit -54:7, 79:13,86:1,
funded(1)-100:2 26:21,67:16 39:23,40:7, 78:18,86:17, 93:12 89:10
future(9]-10:8, glasses[i]-71:3 40:8,40:11, 97:4,98:8, hold[3]-11:15, ideal(1]-10:16
18:6, 18:7, Glen[7]-46:11, 55:22,59:7, 101:23, 102:2, 90:6,97:1 identified[11-
18:12, 18:21, 48:3,66:22, 68:8,75:5,83:4, 102:5, 102:18, holes(2]-5:4, 20:1
22:2,33:1, 69:4,72:21, 89:13,98:19, 103:18, 104:6 11:20 identifies(1]-
33:24, 100:18 97:5,97:23 98:21 heavily[1]-15:19 home[3]-36:6, 11:19
God[3]-52:16, guidelines[2]- heavy[1]-14:14 61:13,81:2 idiot[i]-92:21
G 86:20,86:22 30:18,84:17 hedged[il- Homeowner's[1] IDOT[»]-11:1,
Google[i]-68:16 guys[8]-15:7, 58:17 -35:16 23:7,27:9,28:6,
Game[1]-1:10 governed[2]- 60:11,61:4, height(l]-69:24 homeowners[1]- 30:18,39:24,
Gary[2]-4:23, 15:10,29:5 78:9,88:13, Heights[12]- 23:3 50:23,57:1,
16:5 government[7]- 88:14,93:23, 5:15,71:6, homes[3]-6:18, 76:11,76:18,
gas[71-29:9, 57:1,57:3, 94:1 71:16,74:15, 33:1, 100:19 76:24
29:12,29:13, 81:16,81:19, 75:11,77:12, homework[i]- IEPA[22]-10:17,
29:19,48:22, 82:3,82:16 H 81:23,82:23, 62:15 10:24,22:12,
51:7 grade[4]-4:8, 83:5,91:19, honest[2]-83:8, 23:7,24:19,
GAWLIK[22]- 24:4,64:20, half[i]-14:19 98:14 85:3 24:24,30:18,
51:22,52:2, 78:4 halo[i]-54:10 heights p]- honestly(1]- 30:23,39:24,
52:4,52:9,53:6, grading[7]-9:22, Hammel[1]-4:24 69:20 82:17 47:7,47:12,
78:18,79:23, 9;23, 10:4, 10:8, hand[7]-3:13, help(s]-36:16, Honor -88:9
47:13,47:16,
81:15, 81:18, 18:18,31:18, 8:18,8:21,
38:12,75:14, Hoover[3]-22:4, 48:6,49:4,55:6,
83:21,84:1, 100:13 35:10,77:10, 75:15 22:18,22:20 55:9,75:12,
85:16,85:20, granting[1]- 104:19, 105:2 helping[i]-8:15 hope(2]-17:24, 75:17,76:14,
85:24,86:9, 57:17 handle[9]- hereby[1]-104:4 77:1 76:18,86:8
86:22,87:9, gravel[1]-49:22 57:23,67:10, hereto[1]- hoping[i]-90:15 ignore(2]-88:10,
88:4,88:20, great[4]-54:11 68:2,71:20, 104:17 horse[i]-72:2 88:13
88:24,89:3, 77:16,85:4, [ ] hour[e]-90:12,
55:5,86:10, hereunto � - [II[1]-90:22
89:24 4 86:2,87:3,87: 90:13,90:14,
86:15 105:2 ILLINOIS[2]-1:3,
Gawi[k[2]-52:2, Green[2]-8:13, hands[1]-28:20 HETTINGER[3]- 92:5,93:24, 104:1
52:4 13:12 happy[1]-93:5 74:14,74:22, 94:5 Illinois[21]-1:11,
general[3]- green[1]-68:21 hard[1]-94:8 75:5 hours[3]-21:13, 4:12,51, 10:2,
12:11, 15:22, grew[4]-5:10, hardly[2]-68:7, Hettinger[1]- 53:24,58:5 10:16, 10:17,
89:4 5:13,26:12, 92:10 74:15 house[9]-32:5, 15:14, 15:17,
generally[i]- 49:17 Harold[1]-61:20 Hi[1]-75:10 68:18,71:8, 24:20,34:8,
23:20 hat[1]-61:18 43:18,48:8,
gridlock(]-42:8 high[s]-21:8, 82:11,83:6,
gentleman[1e]- grind(1]-30:9 haul[3]-45:12, 44:2,58:21, 83:9,83:11, 56:7,56:22,
27:13,35:14, gross(1]-38:15 52:16,52:20 68:7,69:24 94:2 61:21,68:5,
39:20,41:4, ground[51-25:1, hauling[e]-37:6, High[1]-70:6 houses(l]- 70:3,75:13,
45:8,53:9, 25:4,25:6, 44:20,45:16, higher[3]-33:18, 67:24 76:3,95:7,
54:16,60:5, 59:20,69:7 58:8,58:12, 64:19,65:3 housing[2]- 96:14
61:17,64:16, 75:24 immediately(1]-
grounds(i]-6:15 highest[�]-70:5 18:2,19:2
66:20,66:23,
-
hazardous[2] 6:13
71:2,72:15, growing p]-6:15 highway(sl- HR(z]-8:13,
29:10,29:19 impact[4]-
grows(�]-50:1 16:8,20:24, 13:11
74:12,77:8,
heads[1]-72:12 21:20,21:22,
78:17,86:10 guarantee[»]- 21:2,38:18, huge[�]-63:11
hear[]- :2,a[z]-60:7, 17:17, 18:3, 7 9 50:23 hum(i]-40:15 31:10,42:1
George 21:6,23:12, 13:4,45:6,74:7, hike[i]-93:9 hundred[10]- impacted[3]-
91:19 78:1,82:5, 20:9,20:19,
GILMOUR[ill- 32:8,47:2,47:8, hiking[�]-92:20 36:4,42:10,
97:13 51:11
46:8,46:10, 49:12,57:9, hill[�]-93:3 45:12,45:22,
heard[14]-
47:11,47:15, 14:3, important(3]-
80:17,80:22, hire[�]-75:23 46:2,54:17,
42:8,52:13, 15:1, 15:14,
47:23,48:31 86:13,86:16, hired[3]-23:23, 80:18,84:11,
86:21,87:12, 53:3,66:22, 76:11,76:12 87:13,89:18 26:14
48:19,63:17, 74:9,76:4,
69:22,72:10, 87:15,87:24 imposed[1]-
hiring[3]-47:17, hungry[�]-62:21
guarantees[�o _ 80:10,84:9, 25:19
72:12 g ] 84:15,90:11, 75SC 76:2 hunting[�]-6:15 impossible[11-
18:14,23:1, HIRSCH(a]-
Gilmour[3]- 25:23,28:10, 98:16, 101:3, 39:22 40:14 93:22
46:10,48:3, 101:4 improve 29:8,39:1, , , rove 40:16,40:22 P [2]
Depo•Court Reporting Service (630) 983-0030
112
10:19,71:14 43:2 joggers[1]-21:9 32:7,42:23, 32:9 75:7,76:6,77:8,
improvement p] intend[i1-64:4 JOHNSON[9]- 50:11,64:7, letting[i]-27:9 78:14,78:16,
-38:24 intent[z]-17:22, 61:20,62:17, 67:7,68:22, level[51-6:12, 83:18,83:23,
improvements[3] 28:15 63:7,63:11, 69:19,75:4, 32:6,64:20, 85:14,85:18,
-10:22,23:9, intention[21- 63:15,63:18, 78:21, 100:22, 73:18 85:22,87:8,
37:4 27:5,65:3 63:22,64:3, 100:24 leveled[1]-24:3 88:18,88:21,
improves[q-7:4 inter[1]-10:22 64:12 Land[2]-46:14, levels[31-24:21, 89:1,89:21,
improving[1]- interested[i1- Johnson[2]- 47:12 25:2,25:6 90:2,90:6,
20:24 104:15 61:20,61:21 landfill[2]- life[1]-81:2 91:14,93:15,
inches[21-92:5, interject[U-72:5 Joliet[1]-5:1 34:13,51:13 light[11-89:14 94:10,94:19,
92:11 investigation[2]- judge[21-87:20, landfills[1]-26:9 likelihood[1]- 96:16, 101:1,
include[i1-97:4 51:6,51:10 88:8 lane[1]-85:10 29:13 101:18, 102:4,
included[1]- involuntarily[1]- Judy[31-46:7, lapse[11-63:8 limit[6]-16:13, 102:8, 102:10,
100:3 95:4 46:10,98:3 large[3]-31:20, 40:21,69:13, 102:13, 102:20,
includes[2]- involved[61- Julie[6]-2:12, 37:16,68:3 84:21,94:5, 102:22, 102:24,
100:13, 100:14 5:12, 15:19, 8:23,23:21, last[7]-12:24, 94:9 103:3, 103:5,
including[1]- 40:3,81:2,88:2, 24:15,24:17, 57:24,60:6, limited[4]- 103:8, 103:11,
95:8 97:22 27:17 71:9,85:7, 39:12,52:14, 103:13
inclusive[i]- isolated[1]-30:6 July[3]-24:6, 95:23,99:1 52:23,80:11 linear[11-32:15
104:8 issue[16]-9:15, 48:10,48:17 late[11-88:19 limiting[1]-39:5 Lisa[1]-53:15
increase[31- 19:8, 19:16, junk[11-92:1 laugh[1]-82:11 limits[3]-15:4, list[1]-97:20
24:7,38:14, 26:1,31:17, jurisdiction[1]- Lauwers[21- 15:6,16:2 listed[i]-56:16
84:23 33:7,80:9,81:3, 17:3 90:4,91:15 Lindblom[1]-2:2 listen[z]-5:19,
increased[2]- 82:15,82:17, LAUWERS[4]- LINDBLOM[118]- 101:13
37:11,38:9 83:13,83:14, K 90:4,90:8, 3:1,3:5,3:8, literally[1]-26:1
independent[2]- 83:20,84:14, 91:15,92:8 3:10,3:17,3:22, live[13]-33:8,
40:12,76:17 100:12, 101:7 keep[31-9:7, law[i o]-4:23, 4:1,4:3,4:20, 39:22,46:11,
India[1]-62:22 issued[1]-62:4 32:3,70:13 25:1,43:18, 7:20,8:3,8:10, 60:8,71:6,
indicated[2]- issues[4]-7:15, Keith[i]-71:5 50:13,57:3, 8:17,8:20,9:1, 75:11,77:12,
26:13,51:17 7:17, 17:6,74:4 Kendall[2]-16:4, 70:23,95:20, 9:6,9:9,9:14, 79:7,90:4,
indicates[i]- issuing[2]- 57:2 95:21,96:13, 11:11, 11:15, 98:10,98:13,
11:6 16:18, 16:20 kept[11-67:16 98:12 12:15, 13:6, 98:15,98:17
individual[1]- item[»]-14:13, key[1]-16:12 Lawn[51-5:10, 13:10, 13:19, lived[61-38:5,
86:21 19:7,21:17, kid[i]-6:15 5:13,5:15, 14:10, 14:13, 78:1,78:2,81:5,
individually[2]- 22:3,22:19, kids[41-36:6, 26:12,33:9 17:16, 18:13, 91:16,91:18
74:10, 101:5 23:1,25:22, 54:12,92:19, laws[2]-37:15, 19:7.20:6, lives[i]-78:10
individuals[1]- 26:23,29:7, 93:2 79:16 20:17,21:6, living[1]-79:10
97:12 31:2,32:24 kind[9]-42:1, lawsuit[1 1-31:3 21:17,22:3, LLC[1]-4:6
industrial[3]- Item[1]-25:7 50:20,53:17, lawyer[1]-64:22 22:19,22:22, load[e]-15:4,
19:12,42:24, items[i]-3:18 91:6,91:8, lawyers[1]-31:7 25:7,26:23, 15:6, 16:23,
100:23 itself[z]-48:5, 93:10,97:16, leaches[1]-49:2 27:13,27:20, 40:8,40:10,
industries[1]- 81:7 99:14, 101:11 leading[2]- 28:3,28:9,29:7, 44:23,84:22,
58:3 Ivy[1]-61:21 knows[s]-31:13, 34:13,35:19 31:2,31:9, 90:12
information[11- 44:9,49:4, leaking[3]- 32:24,34:10, loaded[1]-60:1
32:11 J 52:16,66:5 29:13 29:14 34:21,35:7, loads[161-45:12,
infrastructure[4] KRAUPNER[l]- 51:8 36:15,36:23, 45:14,45:17,
-34:19,71:23, Jacobs[1]-4:24 9:11 least[31-81:6, 39:19,40:23, 58:23,59:1,
73:16,73:17 James[1]-2:6 Kraupner[il-2:4 101:9, 101:20 41:2,41:4,41:8, 59:3,59:12,
injured[1]-36:1 Jeanette[31- Kryst[[7]-2:10, leave[3]-7:17, 45:4,46:6,46:9, 59:16,60:22,
inspected[i]- 40:7,50:19, 11:11,24:19, 19:18 74:22 47:14,47:22, 69:10,71:22,
55:15 52:8 31:12,51:17, leaving[41-73:8, 48:1,51:24, 73:14,74:8,
inspector[1]- Jim[1]-64:18 96:22, 102:22 73:20,73:23, 52:3,53:5,53:7, 89:17
46:21 job[61-49:10, 90:17 53:14,56:1, loan[4]-94:15,
instance[i]- 53:10,57:4, L left[1]-23:11 57:14,59:19, 94:22,95:12,
57:6,88:5, 60:5,61:16, 96:15
42:6 W[�] 104:2 legal[1]-8:16
institutions[2]- 88:15 legislation[1]- 64:15,65:23, loans[11-96:9
96:10,96:14
jobs[21- 24:20
56:14, lack[�]-98:21 66:5,66:9, locate[1]-39:6
intelligent[1]- 56:15 lady[1]-53:14 less[2]-10:4, 66:12,66:19, located[31-4:9,
Joe[2]-27:8, land[14]-14:4, 67:13,71:2, 19:4,30:16
4elli 14:9,24:11, 3ter[ 72:15,74:2,
intelligently[�1- 39:7 letter[z]-11:5, location[1]-
Depo•Court Reporting Service (630) 983-0030
113
19:11 mean[14]-29:1, 59:8 MORRIS[1]- 41:10,41:13, 93:17,94:17,
locations[1]- 41:14,41:18, Mike[1]-35:15 93:17 41:17,41:22, 94:24,95:3,
51:6 42:23,43:2, mile's[1]-100:3 Morris[1]-93:17 41:23,42:3, 95:16,95:19,
look[6]-32:12, 44:7,57:7,65:7, miles[4]-79:2, Morrison[2]- 42:5,43:5, 96:2,96:8,
51:1,70:18, 69:13,71:9, 87:4,93:24, 2:12,24:18 43:14,44:3, 96:13,96:19,
77:4,84:9,91:8 87:6,89:13, 94:5 MORRISON[1]- 44:5,44:7,44:9, 97:16,97:19,
looked[2]- 92:10,98:9 MILLER[7]- 24:17 44:14,44:17, 97:21,98:1,
13:13,46:19 means[s]-13:16, 64:18,65:5, most[s]-45:13, 44:19,44:22, 98:2,98:19,
looking[5]- 46:22,58:2, 65:11,65:17, 45:16,51:19, 45:10,45:19, 99:4,99:10,
27:12,32:18, 58:5,83:6, 66:1,66:7, 56:9,56:10, 45:23,45:24, 100:15, 102:1,
38:19,61:22, 84:23 66:10 97:12 46:1,46:3, 102:3, 102:14,
73:2 measure[2]- Miller[1]-64:18 mother[1]-26:11 47:23,48:3, 102:21, 103:4,
looks[1]-67:13 86:23 million[1]-99:12 motion[s]-3:1, 48:19,51:22, 103:14
low[4]-4:8,5:5, measures[1]- mind[2]-32:3, 3:10,3:18, 52:2,52:4,52:9, MS[63]-8:19,
33:17,58:22 14:8 101:6 101:23, 102:1, 53:6,56:13, 8:23,9:4, 11:12,
lower[1]-94:4 mechanism[1]- Minute[1]-2:14 102:10,102:16, 56:20,57:12, 11:18, 14:12,
lowest[2]-70:7, 39:10 minutes[3]- 103:13,103:14 57:22,59:1, 16:9,17:2,
81:24 meet[61-16:22, 44:23,44:24, move[5]-4:17, 59:5,59:10, 19:20,23:19,
lowlands[1]- 43:19,51:19, 52:14 6:24, 17:13, 59:22,60:7, 24:17,28:4,
11:20 64:8,98:11 misdirection[1]- 48:11,88:22 60:12,60:14, 31:14,34:14,
MEETING[1]-1:5 53:18 Moved[1]-102:4 60:19,60:22, 35:5,38:16,
M meeting[s]- Miss[1]-97:8 moved[9]-3:3, 61:7,61:20, 39:10,40:6,
34:23,35:6, missed[2]- 3:5,3:20,3:22, 62:7,62:17, 40:15,40:18,
ma'am[2]-8:18, 85:12,97:2, 11:17,52:7 24:1,38:10, 63:4,63:7, 40:24,46:8,
94:12 97:14, 101:20, misspoke[1)- 48:24,79:6, 63:10,63:11, 46:10,47:5,
mad[1]-92:23 101:21, 102:19, 47:11 94:2 63:13,63:15, 47:11,47:15,
main[2]-69:17, 103:19 mistake[1]- moving[4]-6:1, 63:17,63:18, 47:16,48:14,
783 MEMBER(19]- 62:14 9:7, 18:20,26:4 63:21,63:22, 50:3,50:19,
major[3]-32:22, 22:17,38:7, mistakenly[1]- MR[217]-3:3, 63:24,64:3, 51:23,52:8,
80:6,87:17 44:21,45:1, 62:9 3:4,3:20,3:21, 64:4,64:12, 53:8,53:15,
majority[1]- 53:3,66:17, 4:19,4:22,7:22, 64:14,64:18, 56:3,56:10,
mm-hum[1]-
28:24 73:11,75:3, 40:15 8:9,8:12,9:8, 64:22 64:24 56:19,57:8,
MALOHN[2)- 92:7,94:13, mom[1]-5:11 9:11,9:13,9:18, 65:5,65:7, 57:18,57:24,
77:11,78:15 94:21,95:1, money[s]- 12:18, 12:20, 65:11,65:15, 59:3,59:8,Malohn[1]- 95:13,95:17, 14:22,30:13, 13:5,13:8, 65:17,65:20, 59:18,59:21,
77:12 95:24,96:5, 58:11,75:15, 13:11, 14:2, 65:22,66:1, 60:16,60:20,
man[1]-58:5 96:11,98:15, 86:11,91:6 14:17, 15:11 66:7,66:10, 61:9,62:2,76:2,
Management[1]- 98:17 monitors]-16:6, 15:12, 15:24, 66:21,67:15, 76:7,76:10,4:5 members[4]- 37:13,47:6, 17:1, 17:21, 69:22,69:23, 76:16,81:14,
manager _- 5:2, 11:4, 19:18, 18:17, 19:13, 70:23,70:24, 81:16,86:8,
75:18,75:21, 72:5,72:10, 86:19,87:22,
27:18 29:23 75:24,76:20, 20:14,20:22,
ma [3]-13:14, Menards'[1]- 21:10,21:21, 72:11,72:12, 99:2,99:6,
p 77:5,77:6
62:4,65:9 77:18 monitored[3]- 22:7,22:9, 72:14,72:17, 99:16, 101:17,
74:14, 102:23, 103:2
maps[2]-13:3, mention[1]- 23:7,55:12, 22:20,23:4, 1 74:22,75:5, multiple 82:3 33:10 77:20 23:6,25:10, p []-
March 1 -1:14 mentioned s - 27:5,27:16, 75:10,76:4, 35:23
[ [] monitoring[1s]-
mark[3]-19:10, 52:11,52:22, 10:18, 10:20, 27:22,28:14, 76:9,76:13, municipal[1]-
20:21,29:10 96:24,97:5, 28:24,29:4, 77:1,77:11, 16:3
15:20, 16:16,
Marlys[1]-2:14 99:24 23:8,30:1,31:1, 29:21,30:19, 78:15,78:18,
municipality[1]-massive[1]- met[3]-96:24, 39:24,47:3, 31:6,31:12, 79:23,81:15, 10:1 81:18he
45:16 97:24,98:4 47:19,55:5, 33:3,35:15, [2]-5:16,
84:1 ,83 83:2:2 261, myths
match[1]-100:7 method[1]- 55:6,55:10, 36:19,37:1,
material[5]- 98:21 56:4 37:16,37:18, 85:20,85:24,
10:21,49:15, Michael[1]-2:3 37:21,37:23, 86:9,86:22, N
monitors(2]-
51:12,51:14, microphone[2]- 47:7,47:9 38:9,38:11, 87:9,88:4,
51:15 4:18,46:8 38:13,39:1, 88:20,88:24, name[1 s]-4:21,
months[1]-
maximum[z]- Midwest[1]- 54:10 39:3,39:8, 89:3,89:24, 8:22, 12:20,
16:11,27:12 18:11 MOORE[2]- 39:14,39:22, 90:4,90:8,90:9, 35:11,41:8,
mayor[1]- might[4]-15:13, 71:5,73:13 40:14,40:16, 90:13,90:14, 46:10,48:1,
40:22,41:6, 90:20,91:11, 52:1,52:7,
101:21 48:21,51:7, Moore[1]-71:5 91:15,92:8, 53:15,60:7,
Depo•Court Reporting Service (630) 983-0030
114
64:17,66:21, 40:15,40:18, 42:14,42:15, 60:1,81:6, original[2]-62:3, 40:12,47:17,
74:14,75:10, 40:24,47:5, 46:20,60:9, 85:21, 86:24, 104:17 47:20,75:23,
77:11,90:9, 47:16,48:14, 61:23,83:21, 92:1 ought[4]-54:24, 76:5,76:8,
93:16 50:3,56:10, 84:21,84:24, one[48]-6:2, 55:1,61:4,92:6 76:10,76:16,
narrow[]-35:20 60:16,60:20, 98:20 9:15,12:19, ourselves[1]- 76:19
Natural[1]-47:6 61:9,62:2,76:2, numbers p]- 14:15, 18:2, 101:12 pass[3]-67:18,
nature[1]-8:16 76:7,76:10, 15:8,32:16, 22:8,23:5, outcome[i]- 69:12,94:23
near[2]-18:12, 76:16,81:14, 32:17,69:14, 25:22,26:3, 104:15 passed[4]-8:4,
93:4 81:16,86:8, 100:4, 100:6, 27:6,34:22, overseeing[1]- 10:6,24:20,
nearest[ ]-71:3 86:19,87:22, 100:10 35:18,42:14, 56:9 24:24
necessary[5]- 99:2,99:6, nursing[1]- 45:5,47:23, oversees[1]- passes[3]-3:10,
6:23, 15:16, 99:16, 101:17, 100:19 47:24,48:20, 56:8 102:10, 103:13
20:23,34:11 102:23, 103:2 49:1,49:7,54:7, overweight(3]- passionate[i]-
44:15 nobody[2]-31:8, 0 55:7,55:20, 16:15, 16:19, 73:24
need[1o]-7:2, 66:5 57:18, 57:24, 16:21 past[3]-26:9,
12:13,39:6, noise[3]-25:9, Oak[3]-35:16, 60:9,61:19, own[6]-47:19, 88:14,89:2
40:7,53:10, 42:21,79:5 53:16,97:10 63:1,63:8, 52:4,57:12, path[2]-33:12,
73:21,79:19, non[71-11:21, Oaks[3]-39:23, 64:17,64:23, 60:13,60:14, 48:4
98:6, 101:5, 24:9,24:22, 54:6,93:3 65:11,65:17, 84:11 Paul[1]-77:11
103:4 25:3,25:5,26:1, obey[1]-84:16 66:2,67:22, Owner[1]-4:6 Pavilion[30]-
needed[l]- 73:14 objection[1]- 68:1,69:8, owner[3]-50:9, 4:10,5:15,
89:19 non- 103:1 77:23,77:24, 50:14,97:6 60:15,60:17,
needs[2]-26:5, combustible[1] objective[2]- 83:21, 84:14, owners[1]- 71:6,71:7,71:8,
35:12 -11:21 47:18,76:19 89:13,92:17, 18:14 71:10,71:11,
negative[2]- non- obligated[5]- 94:2,96:17, 71:13,71:15,
21:19,21:22 contaminated 15:2,49:13, 96:18,99:10, P 74:15,75:11,
negligence[l]- [4]-24:9,24:22, 50:12,50:13, 100:15 77:12,77:16,
31:3 25:3,25:5 64:10 One[1]-4:7 p.m[i]-1:15 78:5,81:6,
neighbor[1]- non-issue[1]- obligation[3]- One-Family[1]- pace[1]-28:6 81:23,82:9,
91:19 26:1 14:22,49:8, 4:7 packaged[1]- 82:23,83:5,
neighbors[3]- non-PUD[1]- 50:8 ones[3]-7:18, 32:7 85:5,85:6,85:9,
46:23,54:7, 73:14 obligations[1]- 31:6,87:24 packet[2]-7:23, 85:13,90:5,
83:9 none[4]-83:2, 65:16 ongoing[i]- 96:23 91:16,91:19,
never[7]-12:7, 84:8,97:18, obligatory[1]- 62:20 Page[1]-61:24 98:14
44:19,80:12, 97:19 19:16 open[1]-66:3 Pages[1]-104:7 pay[3]-65:13,
80:15,90:11, None[i]-73:15 observant[1]- opened[l]- paid[3]-90:12, 96:1,96:3
95:20,98:16 normal[1]-21:15 54:12 40:16 96:4,96:7 paying[5]-61:4,
new[9]-24:20, north[2]-22:10, observe[1]-15:3 operated[1]- panels[2]-13:3, 65:19,86:11,
48:7,48:12, 71:8 obviously[1]- 19:24 13:14 100:22, 100:23
48:15,74:4, northeast[1]-4:9 7:13 operation[2]- paperwork[2]- PC[3]-3:19,4:4,
79:19,79:20, not..[1]-29:3 odds[1]-100:18 37:2,50:11 55:14,55:19 102:18
83:24,95:14 notes[3]-9:4, OF[3]-1:2, operations[1]- parcel[3]-5:6, PC2011[1]-
next[1 4]-19:5, 96:20, 104:9 104:1, 104:2 27:11 12:2, 14:4 102:13
39:19,46:6, Nothing[1]- off-site[2]-6:24, opinion[2]- parenthetically peak[4]-36:19,
54:9,73:3,73:5, 73:15 19:11 19:14, 87:2 [1]-10:14 36:21,44:2,
79:10,80:18, nothing[9]-7:22, offers[1]-79:8 opportunity[1]- part[lo]-5:22, 46:2
80:19,87:13, 44:10,44:13, oil[4]-29:9, 5:9 14:3,14:18, pedestrian[1]-
87:14,90:7, 76:23,80:5, 29:13,29:14, opposed[4]-3:8, 34:12,34:19, 21:15
98:18, 102:19 86:19,86:21, 29:19 4:1, 102:8, 38:23,58:7, people[13]-5:8,
Nick[i]-74:14 87:6,89:12 old[2]-74:19, 103:11 71:17,76:22, 15:19,23:16,
Noble[3]-2:10, notice p]-97:22 95:19 order[81-6:9, 76:23 36:1,48:24,
96:22,97:8 noticed[1]-7:11 OLSON[1]- 6:20,6:21,7:2, particular[6)- 50:21,54:19,
NOBLE[41]- number[25]-5:7, 15:11 10:4, 10:11, 7:1, 10:15,33:7, 67:18,77:13,
11:12, 11:18, 5:8,5:16,7:11, Oly[2]-52:2, 33:21,33:24 33:10,33:23, 79:6,81:5,93:9,
14:12, 16:9, 9:15, 12:16, 52:4 orderly[a]-6:21, 34:14 98:20
17:2, 19:20, 13:19, 17:17, on-site[5]- 15:16,21:23, parties[2]- per[71-16:23,
23:19,28:4, 20:6,22:19, 15:19,27:18, 33:22 104:13, 104:14 16:24, 17:2,
31:14,34:14, 25:22,26:23, 55:13,56:4, ordinance[4]- partner[i]-95:22 27:9,36:20,
35:5,38:16, 28:9,31:5, 56:12 11:18, 19:17, parts[1]-71:10 84:22,89:18
39:10,40:6, 34:11,38:3, once[6]-48:19, 20:3,33:19 party[1o]-23:22, percent[2]-
Depo•Court Reporting Service (630) 983-0030
115
38:15,56:24 68:1 98:8 prepared(1]- 29:15,30:5 68:6,70:20,
perhaps(1]-8:15 pits[1]-11:20 pointing[1]- 90:22 professional[3]- 71:11,71:22,
period[1]-18:2 place[8]-22:5, 96:18 PRESENT[2]- 12:23, 13:12, 72:19,73:7,
permit[20]-4:14, 25:8,25:24, points(3]-38:21, 2:1,2:9 43:1 73:19,78:5,
9:16, 12:16, 26:20,27:21, 79:13 present[1[- profit[2]-58:6, 79:24,80:18,
13:20, 17:4, 65:4,74:24, poison[1]-87:12 17:22 91:4 91:6,91:7,96:1,
17:6, 19:9, 104:10 policy[i]-99:6 presented[1[- program[1]- 97:6,97:23,
19:16,22:15, placed[4]-11:1, pollution[2]- 61:22 100:1 98:16,98:18,
31:17,31:19, 11:6, 19:2, 25:9,42:21 presently[1]- project[36]- 100:17
38:24,50:15, 28:17 Pollution(1]- 48:8 10:18, 13:2, proportionate[1]
60:11,65:2, placing[4]-6:2, 48:8 preserve pi- 15:15, 15:21, -99:17
65:24,71:18, 6:4,26:4,63:9 ponds[4]-70:16, 22:6,22:11, 17:18, 18:15, proportionately
71:24,73:22, plain[1]-94:16 70:19,92:10 68:12 19:10,24:14, [1]-100:6
74:24 PLAN[1]-1:5 pool[3]-82:22, Preserve[1]- 27:4,27:7, proposed[3]-
permits[3]- Plan[12[-6:5, 82:24,83:16 22:4 27:10,27:18, 48:9,84:5,97:2
16:19, 16:21, 8:1, 10:10, Poplar[1]-32:16 president[1]- 27:19,28:1, protect[3]-25:4,
100:13 21:24,39:11, portion p]- 35:16 28:5,28:7, 25:6,25:24
permitted[4]- 40:20,42:9, 103:19 pretend[1]-15:8 28:12,28:19, protected[1]-
12:4,20:1, 55:1,73:22, portions[2]-4:9, pretty[2]-91:2, 34:9,35:18, 46:15
43:19,51:14 96:20,97:3, 32:15 93:4 36:12,39:13, protecting[1]-
person[4]-45:5, 102:19 Portions(1]- previous[2]- 47:19,50:23, 25:1
52:6,94:17, plan(8]-6:6, 85:18 21:24,62:11 50:24,55:2, protection[5]-
98:10 12:6, 17:13, pose[1]-88:5 previously[2]- 56:8,56:15, 17:20,23:2,
personally[i]- 34:16,43:8, posing[i]-88:6 7:6,8:1 57:10,59:4, 29:19,31:10,
87:5 43:10,62:13 position[1]- primarily[1]- 60:23,76:24, 100:14
perspective[2]- planned[1]-70:2 74:23 97:4 87:23, 88:2, protections[3]-
9:20,11:14 Planning[51-6:7, possible[3]- private[3]-23:2, 89:8,90:17 22:5,25:8,29:8
pesticides[1]- 19:14,43:16, 46:15,51:2, 25:24,31:11 projects[lo[- protein[1]-62:22
23:15 64:9 89:20 problem[e]- 4:12,28:12, prove[1]-68:16
petition[4]-11:3, planning[6]- possibly[4]- 15:13,51:7, 28:13,29:3, provide p]-
29:23,42:4, 8:14, 11:4, 17:10,36:4, 57:9,82:4, 36:13,40:2, 23:12,32:1,
50:15 29:23,29:24, 37:7,47:18 91:22, 102:22 56:17,56:21, 49:8,49:14,
petitioner[4]- 59:15,88:16 post(2]-14:22, problematic[1]- 95:7,95:8 55:18,58:2,
4:17,7:21, plans[7]-31:18, 16:6 48:21 proof[1]-55:17 98:7
11:23,31:23 84:8,89:11, post-weight(i]- problems[1]- proper[2]-77:3, provided[1]-
Petitioner[1[- 98:7,99:9, 16:6 78:8 102:15 14:8
4:5 100:10, 100:14 posted(3]-16:6, proceed(1]- properties[2]- providing[i]-
petitioner's[1]- plant[1]-50:1 16:7, 16:10 100:11 51:18,52:5 50:8
5:3 plat(1]-34:18 poster[1]-67:13 Proceedings[1]- Properties(s]- provision(1]-
petroleum[i]- platted[1]-18:10 postulate[1]- 104:7 4:6, 14:21, 51:12
29:15 plenty[1]-28:17 43:3 proceedings[2]- 25:14,27:17, PUBLIC p]-1:6
PEZA(1]-56:22 plots[i]-70:18 pot[1]-53:22 103:17, 104:5 39:4 Public p]-56:10
Phil[i]-45:10 plotted[i]-70:22 potential[2]- process[15]- property[54]- public[28]-3:2,
PHILLIPS[3]- plugged[i]-78:3 36:8,40:17 6:11, 14:4, 11:19, 13:15, 4:4. 11:24,
27:16,28:24, plummeting[1]- potholes[2[- 24:11,25:15, 13:17, 13:18, 16:13, 16:14,
39:8 21:18 85:9,86:1 32:11,33:21, 14:8, 17:24, 17:6,20:23,
phone p]-46:20 plus[3]-28:1, pounds[3]- 38:24,43:22, 18:14, 18:16, 20:24,21:7,
phonetic[2]- 89:8,89:9 16:11, 16:23, 58:4,61:13, 18:19, 19:5, 29:8,32:20,
97:7,100:1 podium[z]-4:18, 84:22 72:23,73:3, 21:18,21:20,
37:10,37:11,
photos[1]-72:7 35:14 practiced[1[-
73:4,73:5, 22:10,23:15, 46:15,78:18,
pickup[q-54:8 Point[1]-70:6 95:21 100:12 28:11,31:10, 86:17,97:4,
picture p]-82:7 point(1s[-12:7, practices[1]- Prochaska(1)- 34:7,34:11, 97:21,98:6,
pictures[z]- 20:3,25:1, 22:16 2:5 34:13,34:14, 98:8,99:19,
85:6,94:6 38:17,46:3, practicing[1]- PROCHASKA[e] 46:12,50:9, 99:20, 101:23,
piece[1]-71:22 61:9,70:5, 95:20 -3:3,3:21,9:8, 50:14,52:6, 102:1, 102:5,
pinned(2]- 79:16,79:21, preliminary[4]- 102:3, 102:14, 57:13,59:2, 102:18, 103:18
54:18,54:22 81:24,87:8, 12:6,34:17, 103:14 59:14,60:10, PUD[2]-71:19,
pipe[3]-67:24, 87:9,89:23, 50:24,51:4 production(z]- 60:13,60:14, 73:14
68:3,68:14 95:3,95:22 62:21 63:6 62:1,62:6, Puerto( ]-96:2
preparation[�]- , 63:20,
pipes[2]-67:9, pointed[2]-98:3, 61:11 products[2]- 63:16, pull[t]-30:10
Depo•Court Reporting Service (630) 983-0030
116
pulled[i]-68:18 74:16,87:19, 12:10,78:3 10:21, 15:4, 90:10 17:13
purchased[2]- 88:22,94:11, rebuild[1]-99:12 18:6,44:1 residential[25]- revisit[1]-80:9
60:12,91:1 96:12,97:3, received[1]- relative[z]-38:3, 7:3,9:17,9:23, Rico[i]-96:2
purchasing[i]- 98:5,98:7, 26:11 38:13 10:5, 10:11, rid[1]-88:16
91:3 98:24, 101:10 recognize[21- relocate[1]- 14:3, 14:15, rider[1]-93:11
purely[1]-80:3 quick[2]-60:9, 35:10,67:11 44:12 17:22, 18:1, right-of-way[1]-
purpose[1]-91:8 98:23 recommend[a]- relocations[1]- 18:8, 18:23, 37:10
push[1]-40:1 quicker[1]- 8:4,69:11, 27:23 19:1,20:2,20:5, River[sl-14:6,
Put[32]-5:17, 48:12 69:15,69:18 remember[s]- 24:2,24:10, 20:12,28:12,
10:13, 13:14, quite[a]-17:23, recommendatio 16:12,22:23, 32:7,33:15, 33:13,70:7
17:9,21:19, 58:17,93:20, n[71-25:16, 26:2,34:24, 39:16,51:18, river[3]-38:11,
23:15,23:16, 94:20 25:17,28:4, 92:6 51:21,61:12, 68:10,92:4
25:13,37:12, 35:1,64:11, removing[1]- 64:6,80:4,80:5 Rivers[al-16:2,
37:23,38:1, R 66:15, 101:14 26:3 residents(7)- 60:8,96:19,
42:4,49:15, recommendatio repair[2)-32:17, 25:8,54:4,97:1, 97:9
53:12,59:23, R1[3]-64:6,64:7 ns[a]-7:23, 100:5 97:5,97:9,
R2[�o]-4:7,9:16, Road[so]-1:10,
59:24,62:9, 25:20,38:20, repeat(1 -3:14 97:24 4:6,4:10,5:14,
65:12,67:3, 10:11, 11:19, 69:17 repeats[1]- Resources[1]- 14:21, 15:4,
69:1,69:13, 12:11,33:24, record[a]-4:21, 74:17 47:6 15:5, 15:7,
70:12,70:19, 34:1,64:5, 93:16,93:23, Report[1]-104:7 respect[s]-7:19, 16:10,20:9,
70:20,79:2, 70:17 102:12 reported[i]- 15:22,28:15, 20:12,20:13,
89:15,97:12, R2/ag[1]-27:1 recorded p)- 104:5 28:23,43:15, 20:19,21:8,
98:24,99:7, radar[1]-94:6 22:24 Reporter[1l- 63:4 25:14,27:16,
101:11 railroad[sl- recyclable[1]- 104:4 respectfully[i1- 28:12,28:13,
put..[1]-70:23 22:11,67:5, 30:13 represent[2]- 44:17 28:21,32:15,
puts[t]-50:23 67:6,68:12, recycle[1]-58:11 62:17,96:9 respond[i]- 35:19,38:4,
70:11
putting[s]- recycled[2]- representative[1] 11:12 38:11,39:4,
20:12,59:15, rain[1]-92:5 63:10,63:14 -50:5 response[7]- 53:20,60:15,
63:6,70:15, rainfall[i]-68:17 red[1]-39:20 representatives 3:9,4:2,27:14, 60:18,69:6,
72:1,73:13, rains[3]-69:8, redid[1]-62:14 [1]-90:21 56:1, 102:9, 70:6,71:8,
73:16,74:19, 78:13,83:17 reference[3]- represents[1]- 103:7, 103:12 71:10,77:14,
91:5 raise[s]-3:13, 67:19,67:21, 96:13 responses[i]- 77:16,78:5,
8:21,35:9,65:3, 70:1 reproduced[1]- 7:24 78:6,81:6,82:9,
Q 83:10 referred[1]-67:5 104:20 responsibility[2l 85:2,85:4,85:5,
raising[1]-73:18 referring[21- requesting[1]- -19:8, 104:20 85:6,85:9,
qualifications[1] ran[z]-56:14, 69:9 72:21 4:7 rest[1]-51:15 85:13,90:5,
-43:20 92:2 regard[41-42:16, require[s]- restate[2)- 91:16,91:21,
quality[a]-24:2, randomly[1]- 42:20,42:22, 31:19,55:1, 48:20,94:20 92:21,93:21,
33:2,33:4,34:5 93:19 43:6 55:13,58:13, restoration[2]- 100:2
quantifiable[il- Randy[i]-75:10 regarding[al- 58:16 17:17,27:1 road[39]-15:3,
41:18 rather[2l-74:23, 13:2,13:14, required[12]- restrict[i]-17:6 16:1, 16:8,
quantify[1]- 77:19 25:8,26:9 6:11, 10:24, restricted[2]- 16:10, 16:11,
41:19 reach[1]-97:6
regularly[31- 14:20, 15:3, 54:20,54:23 16:13, 16:14,
q ua [al-45:17, reaching[1I-
21:8,21:11, 15:6,28:16, restriction[il- 16:21, 18:20,
60:1,60:3,60:4 97:1 102:19 30:7,31:24, 60:16 20:11,20:20,
questionable[3]- read[31-9:1, 21:4,21:14,
33:2,34:4, regulated[�]- 38:22,40:6, resurface[il-
20:8,48:5 51:13 41:20,54:23 32:14 28:11,29:9,
46:19 read [1]-9:14 29:16,30:9,
y regulation[�]- requirement[s]- resurfacing[z]-
questions[36]- real[41-31:24, 46:18 34:1,95:10, 100:2, 100:3 32:3,32:20,
5:8,5:18,5:20, 37:22,72:6, 32:22,34:9,
7:9,7:12,7:24, regulations[2l- 95:15,95:21, retain[�]-70:20
78:8 36:7,37:12,
8:5,8:7,8:15, 48:7,57:21 96:15,99:2 retention[�]-
realize[1]-15:14 37:17,37:20,
8:24,9:2, 11:16, reiterate[�]- requirements[3] 70:16
really[�2]-35:20, 101:15 -12:12,64:5, retired[1]-95:4 41:15,45:16,
22:23,26:17, 36:1,43:21, 95:11 return z 49:22,59:23,
26:18,26:19, reiteration[�]- [ ]-4:13,
46:17,58:13, 65:4,70:1,
31:15, 34:22, 61:10 research[�]- 31:11
58:18,69:18, 72:18,77:22,
35:8,43:24, related[s]-7:12, 62:15 reverse[�I-3:18
77:4,78:20, 92:3,92:18,
47:23,48:20, 52:12,83:22, researched[2l- revert[�1-27:4
81:19,83:14, 92:19,99:13,
54:19,55:7, 83:24, 104:12, 13:2,68:4 review[2]-38:24,
87.1 104:13 resident[31- 48:8 99:19,99:20
60:9,66:13, reason[3]-7:16, roads[3]-14:15,
relates[a]- 12:22,56:7, reviewing[1]-
Depo•Court Reporting Service (630) 983-0030
117
67:3,94:18 save[1]-8:5 41:5,49:10, 30:21 33:23,34:1, sort[3]-43:13,
roadway[9]- Savoree[1]- 50:6,60:6,72:6, shirt[3]-39:20, 34:2,38:23, 78:24,79:5
4:12, 14:24, 45:10 102:3, 102:20, 61:17,77:9 39:5,39:9, sorts[1]-19:3
17:7,21:2,23:9, SAVOREE[19]- 102:21 shirts[1]-61:18 43:21,49:9, sounds[2]-
31:16,35:22, 27:18,27:22, seconded(3)- short p]-70:10, 49:14,50:9, 66:10,70:1
51:3,54:11 44:19,44:22, 3:5,3:22, 102:4 75:14,75:15, 51:1,51:10, sources[1]-51:2
role[2]-76:18, 45:10,45:23, secondly(1]- 78:17,79:14 52:17,55:13, south[1]-70:20
76:21 46:1,56:13, 55:11 shortchanging 56:4,56:12, southeast[1]-
Ron[2]-93:15, 56:20,57:12, Section[2]-4:14 [1]-59:9 57:6,61:11, 4:10
93:17 57:22,59:1, security[3]- Shorthand[1]- 65:1,66:24, space[2]-45:15,
room[2]-57:6, 59:5,59:10, 17:9, 17:15, 104:4 79:10,81:8 82:21
101:3 59:22,63:10, 99:8 shorthand[2]- sites[5]-26:9, speaker[1]-48:4
ROSS[5]-60:7, 63:13,90:13, sediment[3]- 104:5, 104:9 29:12,42:22, special[27]-
60:14,60:19, 94:17 14:7,22:13, show(2)-67:18, 52:20,57:4 4:13,5:4,7:10,
60:22,61:7 saw[ ]-33:10, 31:18 67:23 sitting[1]-101:2 9:15,11:22,
Ross[1]-60:8 46:18,81:10, sedimentation[1] showing(1]- situation(a]- 12:13, 19:9,
roughly[1]-70:6 81:21,82:2, -100:14 67:17 10:16, 17:11, 19:16, 19:20,
Route[26]-6:22, 82:18,97:13 see[21]-5:10, shows[2]-62:5, 35:20,47:17 20:1,29:5,
6:23, 10:19, schedule[11- 8:7,8:18, 11:17, 87:17 six(1]-18:13 39:12,40:19,
10:22,20:24, 27:21 35:11,36:1, shut[2]-69:5, sliding[1]-53:18 43:18,51:12,
27:19,28:5, scheduled[1]- 41:1,55:8, 71:10 small[2]-31:21, 53:12,64:5,
28:18,28:19, 102:19 55:13,55:19, shy[1]-87:20 37:17 64:8,64:9,
28:20,29:1, SCHNELLER[12] 67:19,68:21, side[1]-85:10 smaller[1]-54:8 71:18,71:24,
29:12,36:12, -41:6,41:10, 69:3,78:13, sides[2]-52:5, smoking[q- 73:4,73:22,
39:6,39:9, 41:17,41:23, 81:5,84:7,85:5, 80:19 53:22 74:24,88:3,
39:13,40:14, 42:5,43:5,44:3, 92:19, 100:10 sidewalks[3]- so..(2]-53:13, 100:12
44:12,52:18, 44:7,44:14, seem[3]-66:2, 35:18,36:7, 59:2 specialize[1]-
52:24,53:10, 45:19,45:24, 66:3 37.21 soil[23]-4:11, 69:15
54:20,55:2, 46:3 select[1]-93:19 signage[1]- 11:9, 11:21, specific[5]-
69:16,70:6 Schneller[1]- sell[2]-17:24, 38.22 23:24,24:1, 17:13,43:7,
row[4]-41:5, 41:11 18:1 signed[1]- 24:2,25:9, 43:10,46:4,
60:6,61:17, school[2]-21:8, send[1]-66:14 104:18 29:14,29:17, 55:20
64:16 36:6 sense[1]-72:3 signify[3]-3:6, 31:18,32:6, specifically[3]-
run[12]-8:6, SCHULTZ[25]- sent[1]-5:11 102:6, 103:9 33:2,33:4,34:6, 10:7,32:23,
8:17,11:16, 12:20, 13:5, separation[1]- Silver[1]-72:22 39:13,40:9, 64:7
15:8,30:23, 13:8, 13:11, 24:8 simply[a]-5:18, 40:10,46:16, speculation[1]-
70:10,73:10, 14:2,15:24, serious[2]- 6:1,9:22, 18:17 46:24,75:20, 68:5
89:18,93:2, 17:1,22:9, 54:13,83:14 single[1]-98:9 76:20, 100:14 speed[3]-93:23,
93:7, 101:21 22:20,23:6, seriously[1]- sit[2]-13:9, soils[6]-24:9, 94:4,94:9
run-off[1]-73:10 27:5,30:19, 14:22 101:13 25:3,25:4, speeding[1]-
running[2]-54:5, 37:1,37:18, set[7]-10:9, site[67]-4:9,6:5, 30:23,40:4 94:7
69:3 62:7,64:24, 19:17,27:9, 6:9,6:10,6:14, sold[3]-30:15, spends[1]-56:8
runs[2]-68:11, 65:7,65:15, 27:10,48:7, 6:24,7:1,7:10, 32:7,60:10 spent[1]-54:9
92:4 65:20,72:5, 88:2, 105:2 7:12, 11:2, 11:7, solution[2]- spread(1]-6:18
72:11,72:14, setting[1]-28:6 12:5, 12:9, 57:15 spring(1]-71:9
S 72:17,97:21, settle[1]-82:14 15:19, 17:4, someone[2]- springs[2]-
98:2 seven[3]-19:7, 17:13, 18:3, 32:4,55:13 68:23,68:24
safe[1]-21:15 Schultz[6]-8:13,
safeguards � - 29.11,48:22 18:7,18:22, sometimes[1]- springtime[�]-
9 [] 12:21, 13:11, several[a]- 19:3, 19:5, 93:22 69:6
25:12 96:23,97:13, 35:17,91:17, 19:11,22:2, somewhere[7]- SS[1]-104:1
safer[1]-21:15 97:19 97:24,98:1 22:5,22:15, 14:1,55:8, SSA[1]-34:19
safety[a]-21:7, scientific(1]- sewer[t]-59:24 22:21,24:4, 59:11,59:13, SSA's[1]-34:12
29:8,37:11, 59:6 sewers[1]-71:20 25:5,25:14, 65:10,67:9, Staff[a]-7:23,
54:6 SCOTT[5]- shall[1]-8:5 25:18,26:5, 6919 25:20,32:10,
SALLE[1]-104:2 75:10,76:4, share[1]-9:6 27:18,28:17, sorry[11]-13:5, 102:24
sample[1]-23:24 76:9,76:13, shared(2]-16:3, 28:19, 30:7, 13:8,40:23,
staff[41-47:19,
sampling(1]- 77:1
100:1 30:10,30:21, 41:10,52:3, 75:22,76:22,
51:16 Scott[1]-75:10 sheets[2]-8:4, 30:22,33:1, 52:7,59:21, 77:3
satisfy[2]-19:17, second[11]-3:4, 55:17 33:3,33:10, 62:13,76:9,
Staff's[1]-28:4
32:21 3:21,25:22, shipped[1]- 33:14,33:20, 93:17,94:19 stage[2]-34:15,
Depo•Court Reporting Service (630) 983-0030
118
34:17 65:1,78:7,86:5 sudden(1)-93:3 105:1 track[8]-21:9, 36:18,36:22,
stand[s]-3:13, stone[4)-45:18, sue[3]-78:11, testing[1]-77:3 54:5,89:10, 37:11,3716,
8:20,8:21, 59:23,60:4 80:24,81:1 thawing(i)-69:7 92:23,93:1, 38:3,38:22,
35:10,46:23 stop[1]-77:15 suggests[ii- THE[3]-13:4, 93:5,93:8 40:9,41:20,
standard[4]- storage(1]-51:8 19:4 97:15,97:18 tracks[8]-22:11, 42:10,44:15,
15:10,51:20, stored p]-63:17 suit(2)-104:13, themselves p)- 67:5,67:6,67:7, 44:16,44:20,
54:3,99:3 storm[1]-69:7 104:14 86:13 67:10,68:12, 45:2,45:16,
standards[n]- strain(1]-20:13 suitable[1]-7:1 therefore[3)- 70:11,70:13 46:2,46:24,
11:7, 11:10, stream[2]- Suite[i)-5:1 10:23,41:23, traditional(1)- 53:21,54:2,
19:15,22:13, 20:10,20:19 summarize[1)- 64:8 14:9 55:12,58:13,
24:6,24:7, street[5)-31:19, 84:3 thereof[2]- traffic[32]-14:14, 58:15,59:22,
24:12,24:16, 31:21,64:20, summer[i]- 104:15, 104:18 16:13,20:13, 59:24,77:16,
25:12,25:19, 82:13,99:1 24:13 thereupon[1]- 21:2,35:21, 77:18,83:15,
29:5,30:17, streets[1]-71:20 sun's[1)-93:4 3:16 38:1,38:15, 83:22,83:24,
34:7,48:12, strictly[4]- supposed[l)- they've[2]-75:4, 41:7,41:11, 84:9,84:10,
48:15,48:18, 36:11,39:2, 53:24 92:3 41:14,41:24, 84:12,84:14,
51:17 52:12,55:2 surface[2]-8:7, thinks(1]-3:12 42:6,42:7,44:1, 84:24,89:18,
standing[1)- stringent[1]- 100:5 third[9)-23:22, 44:3,44:10, 93:18
78:17 51:19 swayed[1)-66:2 40:12,47:17, 44:13,46:4, true[5]-67:2,
start(4]-35:13, students[1]- sworn[1]-3:16 47:20,76:5, 60:21,61:14, 83:19,94:14,
40:2,78:4, 54:4 Sykes(1]-97:7 76:8,76:10, 84:15,85:2, 94:22, 104:8
86:24 studies[8)- 76:16,76:19 85:4,86:1, trusting[1]-
started[3)- 42:20,42:22, T third-party[9]- 89:14,89:16, 55:22
27:24,34:23, 43:1,43:12, 23:22,40:12, 89:19,92:18, try[2]-79:14,
90:11 46:4,52:10, T.J[1)-61:20 47:17,47:20, 92:22,93:13 80:14
STATE[1]-104:1 57:4,70:24 tackle[2]-9:18, 76:5,76:8, train[1)-70:13 trying[6]-48:11,
state[19)-4:21, study[14)-13:16, 23:4 76:10,76:16, transcript[2]- 61:2,66:12,
8:21, 10:1, 41:12,41:14, TACO[3]-24:5, 76:19 104:9, 104:18 84:1,84:2,
12:12, 16:11, 41:24,42:1, 51:17,51:20 three[4)-13:20, Transportation 93:21
23:23,35:10, 42:6,42:7, Taker[1]-2:14 60:9,65:10, (s)-10:17, turn[1]-94:12
35:11,37:15, 42:15,42:18, tank[1]-49:2 98:2 15:15, 15:18, turnout[1]-
45:9,47:19, 44:13,45:3, tanks p -51:8 throughout[i]- 34:9,56:7 97:16
48:1,72:16, 50:22,89:16 tantamount(2)- 48:23 trash(1)-52:16 two[21)-12:16,
73:9,76:18, stuff[6]-40:1, 32:6,61:11 throwing[1]- travel(2]-15:5, 18:2,27:6,
86:8,95:7, 52:20,75:20, taxed(i]-18:5 46:5 93:21 27:12,28:1,
100:2, 101:20 75:24,77:4, taxes[2]-100:23 thrown p]-92:1 tread[1]-99:19 42:15,45:15,
State[8]-4:12, 79:5 team(5]-21:9, Timber[1]-78:7 tree[1]-94:2 52:5,55:7,
24:6,24:20, stupid[1]-61:3 54:5,92:23, today[1o]-23:11, trees[2]-91:24, 61:18,63:7,
24:24,56:21, subcontractors 93:5,93:8 23:17,80:10, 94:1 63:8,65:14,
75:13,76:2 [3)-57:19, tear[21-32:4, 84:15,85:3, trellis[1]-72:19 69:16,72:8,
statement[3]- 57:20,57:22 77:22 85:4,85:13, trenches(1]- 77:12,79:2,
20:15,53:2, subdivision[n)- technically[1]- 86:1,86:2, 59:24 89:7,89:8,93:8,
65:12 6:17,7:5, 10:5, 25:5 86:23 tributary[1]- 94:11
statements[1)- 19:4,33:19, Ted p]-41:10 Tom[s]-2:2, 72:19 two-year[4]-
66:23 35:19,35:24, temporarily[1)- 47:22,48:3, tried[1]-79:23 18:2,27:12,
station(1]-29:12 39:16,43:7, 4:8 70:4,96:19 trips[4]-42:10, 28:1,63:8
stations[2)- 46:11,67:1, temporary p ry[1]- tonight[1 1]-5:3, 54:17,60:23 type[7]-12:4,
48:22,51:7 68:19,71:19, 97:2 7:10,7:15, truck[18l-14:14, 12:13, 19:12,
stay[3]-16:7, 73:15,93:9, ten[s)-36:4, 43:17,43:23, 16:16,26:4, 46:18,47:7,
51:18,92:10 97:10,97:23 38:2,44:23, 53:17,75:12, 42:10,44:24, 50:10,60:21
steady[2]-20:9, subdivisions[4]- 44:24,90:24 89:5,90:11, 54:8,55:14, Tyson's[i]-92:9
20:19 5:14,5:15, terms(1]-38:15 90:15,90:17 55:19,69:10,
stenographer(l] 70:21,85:21 test[s)-75:20, took[2]-26:20, 71:21,73:14, V
-45:5 subject[1]-62:1 87:17,94:16, 85:21 74:8,84:18,
step(2]-73:3, submitted[1]- 94:23 top[1]-49:3 84:22,93:18 uncontaminated
73:4 62:12 tested[7]-10:23, tossed[1]-54:9 trucker p]-94:9 [1]-4:11
still[1o]-22:12, subsurface[1]- 10:24,21:12, total p]-45:14 trucks[44]- under[15)-43:18,
34:11,34:15, 51:6 30:2,30:16, touch(1]-37:7 20:10,20:20, 48:61 48:8,
49:8,56:21, Subtitle[1]- 34:5,55:20 town[4]-48:24, 21:1,33:11, 56:22,64:6,
56:22,63:7, 51:13 testimony[1)- 93:1,93:24 35:21,36:4, 74:12,81:9,
81:22,82:6,
Depo•Court Reporting Service (630) 983-0030
119
82:9,82:19, 71:15,74:10, walked[11-33:6 wet[11-92:10 Yorkville[281-
83:7, 104:19, 74:12,77:10, walking[2]-36:6, whatsoever[2]- 1:11,4:15,6:2,
104:21 77:17,77:18, 92:19 83:2,84:8 6:3,6:6,6:21,
underground[21- 77:22,78:3, wall[21-46:5, whereof[1]- 10:10, 10:19,
49:2,51:8 78:7,78:17, 63:11 105:1 12:21, 12:22,
underhanded[1] 83:2,91:20, wants[31-39:11, White[61-35:16, 15:17, 16:3,
-91:9 92:11,93:3, 50:10,79:17 39:23,53:16, 18:9,21:18,
underlying[11- 99:7, 100:9, warned[1]-88:9 54:6,93:3, 26:4,26:6,
12:12 101:21 washers[11- 97:10 61:21,61:23,
underneath[31- usable[1]-24:10 91:24 whole[21-74:6, 77:19,79:8,
67:7,67:9, usage[1]-41:15 waste[1]-75:18 81:24 80:17,80:21,
70:12 user[1]-99:21 watch[1]-46:23 wider[1]-54:3 81:1,86:12,
understood[21- uses[51-4:13, watching[21- wild[21-59:6, 89:15,90:10,
74:2,74:3 19:21, 19:23, 54:11,76:15 59:7 95:8,98:10
undeveloped[1]- 24:6,29:6 water[301-25:1, willing[1]-17:9 Yorkville's[1]-
18:10 utility[1]-27:23 25:4,25:6,25:9, win[1]-31:6 21:24
unfortunate[1]- 42:19,67:8, winds[11-67:23 Young[1]-2:14
90:18 V 67:10,67:22, wiped[1]-93:5 yourself[21-
UNIDENTIFIED 68:2,68:7, wish[31-4:17, 58:11,59:9
valid[11-55:4
[191-22:17, 68:11,68:20, 82:7,85:5
38:7,44:21, valuable[1]- 69:2 69:19 witness[1]- Z
45:1,53:3, 18:21 70:10,70:21, 80:10
66:17,73:11, value[1]-30:15 78:6,81:9, witnessed[11- ZE 9 [e]-
75:3,92:7, values[51-18:16, 81:22,82:6, 81:6 96:19,97:19,98:1,97:1,
94:13,94:21, 19:5,21:18, 82:9,82:12, witnesses[1]-
95:1,95:13, 21:20,31:10 82:19,82:22, 3:15 98:19,99:4,
95:17,95:24, various[1]-58:3 83:3,83:7, 99:10, 100:15
96:5,96:11, vehicle[6]- wondered[1]- Z96:19 [1]-
83:17,92:9 5:12
98:15,98:17 16:21, 17:2, Weaver -2:6 96:19
[] wonderful[1]-
unimproved[1]- 17:7,21:14, WEAVER[31- 86:11 Zone[11-13:15
18:19 21:16 3:4, 102:1, words[1]-27:3 zoned[5]-9:16,
unit[1]-17:1 vehicles[11-15:5 102:21 14:2, 19:11,
Works[1]-56:11
United(2)-4:15, verify[1]-55:14 Wednesday[1]- world[1]-62:21 33:23,42:24
10:9 versus[1]- 1:14 worry[11-92:12
Zoning[51-6:7,
UNITED[11-1:2 100:23 week[1]-85:7 worse[1]-77:22 19:14,43:16,
University[2]- view[3]-21:21, weeks[11-37:7 worth[1]-100:3 43:17,64:9
68:5,70:3 21:22,24:3 weighed[1]- zoning[1e]-7:3,
3
village wrapped[11-
unknown[31- 9 [1-65:13, 93;1 g 94:1 10:11, 11:4,
33:2,33:4,33:5 65:18,65:19 weight[31-16:6, writing[11-57:9 11:18, 12:12,
unless[1]-14:5 VIRGILIO[51- 60:21,84:17 18:23, 19:1,
unload[1]-46:24 50:19,51:23, weights[11-16:7 19:22'20:2'
52:8,53:8,56:3 Y 20:3,27:2,
unmonitored[1]- welcome[11-
36:13 Virgilio[1]-50:20 101:19 yard[11-75:18 29:23,29:24,
vision[21-10:9, 64:6,70:17,
unusual[1]- welfare[11-20:23 yards[al-23:17, 78:16,79:19,
39:18 22:1 wells[41-23:2, 59:16,69:11,
Up[491-5:10, visit[t]-98:9 25:24,31:11, 69:13 79:20
5:13,6:15,7:17, Vitosh[21-104:3, 92:15 year[41-18:2, zonings[11-80:1
8:18,9:10, 13:4, 105:6 WELZ[15]- 27:12,28:1,
13:9, 13:13, vote[41-41:1, 35:15,37:16, 63:8
15:24, 16:2, 66:14,66:18, 37:21,38:11, years[171-12:24,
17:9, 19:6, 103:4 39:1,53:15, 26:8,27:6,38:5,
26:12,30:9, 56:19,57:8, 45:15,49:19,
37:1,37:9,38:4, W 57:18,57:24, 63:7,65:14,
40:17,42:9, 59:3,59:81 68:8,89:7,89:8,
42:23,48:22, waiting[11- 59:18,59:21, 90:24, 92:24,
49:17, 50:20, 100:11 70:23 93:9,95:19,
50:24,59:12, Walgreens[11- Welz[2]-35:15, 95:20,95:23
62:7,62:15, 95:9 53:15 yellow[11-93:11
62:16,68:18, walk[2]-79:19, west[11-97:7 YORKVILLE[21-
68:24,69:4, 92:21 western[1]-79:3 1:2, 1:3
Depo•Court Reporting Service (630) 983-0030