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City Council Minutes 2007 01-23-07 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, JANUARY 23, 2007 Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward H Burd Present Wolfer Present Ward III Bock Present Munns Absent Ward IV Besco Present Spears Present (arrived 7:10) Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Finance Director Mika, Police Chief Martin, Director of Public Works Dhuse, Director of Park & Recreation Mogle, Community Development Director Miller and Public Relations Manger Spies. OUORUM A quorum was established. ADJORNM ENT AND RE- ADJOURNMENT Mayor Prochaska entertained a motion to adjourn the City Council meeting to be re- convened at the Yorkville Middle School. So moved by Alderman Burd; second by Alderman Bock. Motion approved by a roll call vote. Ayes -6 Nays -0 James -aye, Leslie -aye, Burd -aye, Wolfer -aye, Bock -aye, Besco -aye The meeting was adjourned and moved to Yorkville Middle School. Mayor Prochaska entertained a motion to reconvene the City Council meeting of Tuesday, January 23, 2007. So moved by Alderman Burd, second by Alderman Bock. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye The meeting was reconvened at 7:10 p.m. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, February 20, 2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, February 20, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, February 6, 2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, February 6, 2007 City of Yorkville Conference Room The Minutes of the Regular Meetine of the Citv Council — January 23, 2007 — naee 2 PRESENTATIONS None. PUBLIC HEARINGS Sunflower Estates Special Service Area Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Sunflower Estates Special Service Area 2006 -119. So moved by Alderman Wolfer; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Bock -aye, Spears -aye, Burd -aye, James -aye, Wolfer -aye, Leslie -aye, Besco -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Burd -aye, James -aye, Wolfer -aye, Leslie -aye, Besco -aye Bock -aye Fox Valley View, Inc. Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Fox Valley View, Inc., petitioner, who has filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County, A -1 to United City of Yorkville R -2 One- Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 37.55 acres located south of Route 71 and adjacent to and north of Highpoint Road, Kendall Township, Kendall County, Illinois. So moved by Alderman James; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Wolfer; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye TDC Yorkville Shopping Center II, LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing TDC Yorkville Shopping Center II, LLC, petitioner, who has filed an application with the United City of Yorkville, Kendall County, Illinois requesting an amendment to the existing annexation and PUD agreement for the property commonly known as Yorkville Marketplace. The real property consists of approximately 5.7 acres located at the southeast corner of Route 34 and Route 47, Yorkville, Kendall County, Illinois. So moved by Alderman James; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Fox Moraine, LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Fox Moraine, LLC, an Illinois Limited Liability Company and North Star Trust Company No. 06- 9993 under trust agreement date August 8, 2006, petitioners, who has filed an application with the I The Minutes of the Regular Meeting of the City Council — January 23, 2007 — page 3 United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A -I to United City of Yorkville A -1 Agricultural District. The real property consists of approximately 759.7 acres located south of Route 71 east and west of Sleepy Hollow Road in Kendall County, Illinois. So moved by Alderman Bock; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye Vacation of a Portion of Sleepy Hollow Road Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the vacation of a portion of Sleepy Hollow Road located south of Illinois Route 71 legally described as follows: Sleepy Hollow Road Vacation, that part of sections 14 and 23, Township 36 North, Range 6 East of the Third Principal Meridian Described as follows: That part of Sleepy Hollow Road lying south of the Southline of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26 seconds west and the easterly prolongation of said line at a pointe 1935.49 feet north of the south quarter comer of said section 23, in Kendall County, Illinois. So moved by Alderman Burd; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing � Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Wolfer; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -7 Nays-0 Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye Rush Copley Medical Center, Inc. Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Rush Copley Medical Center, Inc., petitioner, who has filed an application with the United City of Yorkville, Kendall County, Illinois requesting rezoning from United City of Yorkville 0 - Office District to United City of Yorkville Planned Unit Development Zoning and Preliminary PUD plan. The real property consists of approximately 44.12 acres located south of Veteran's Parkway, adjacent to the Fox Hill Subdivision, Yorkville, Kendall County, Illinois. So moved by Alderman Wolfer; seconded by Alderman Burd. Please see attached Report of Proceedings by Christine Vitosh, C.S.R from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to postpone the public hearing until February 13, 2007 City Council meeting. So moved by Alderman Besco; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays-0 Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye n ADJORNMENT AND RE- ADJOURNMENT Mayor Prochaska entertained a motion to adjourn the meeting back to City Hall. So moved by Alderman Wolfer; second by Alderman Leslie. Motion approved by a roll call vote. Ayes -6 Nays-0 James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye The meeting was adjourned at 10:20 p.m. and moved to City Hall. The Minutes of the Regular Meeting of the Citv Council — January 23, 2007 — Page 4 Mayor Prochaska entertained a motion to reconvene the City Council meeting. So moved by Alderman Besco; second by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -0 James -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye Alderman Burd was not present for vote. The meeting was reconvened at 10:35 p.m. CITIZEN COMMENTS None. CONSENT AGENDA 1. Deuchler Engineering Agreement for FPA Expansion — Dickson, Sleezer & Lindholm Properties - authorize the Mayor and City Clerk to execute, subject to receipt of developer funding (PW 2007 -04) 2. Pre - qualification Process for Well # 10 and Well # 10 Water Treatment Plant — Approve as presented (PW 2007 -05) 3. Longford Lakes — Final Acceptance and Letter of Credit Reduction #2 — Accept public improvements for ownership and authorize a reduction to the Letter of Credit in an amount not to exceed $146,192.84, subject to verification that developer has no outstanding debt owed to city (PW 2007 -06) 4. Raging Waters - Letter of Credit Reduction # 1 — authorize staff to accept second Letter of Credit in an amount not to exceed $1,320,463.68, as presented (PW 2007 -07) 5. Betzwiser Development - Letter of Credit Expiration - authorize City Clerk to call Letter of Credit unless it is renewed by April 20, 2007 (PW 2007 -08) 6. Saravanos Development - Letter of Credit Expiration - authorize City Clerk to call Letter of Credit unless it is renewed by April 20, 2007 (PW 2007 -09) 7. Countryside Pump Station - Change Order #1 — authorize reduction in an amount not to exceed $10,325. 00 and authorize Mayor to execute, (PW 2007 -10) 8. Resolution 2007 -06 — IDOT Highway Permit and Resolution - Rush Copley Site (Route 34 Temporary Entrance) - authorize the Mayor and City Clerk to execute subject to receipt of bond (PW 2007 -11) 9. In -Town Road Program (Phase 2) — Railroad Permits for Pipeline Crossing - authorize Mayor to execute and authorize up to $5,600. 00 for permit fees if necessary, as presented (PW 2007 -12) 10. Cozy Comer Subdivision — Offsite Watermain Easement - authorize the Mayor and City Clerk to execute (PW 2007 -13) 11. Park Naming Request for Prairie Meadows — approve the name of Riemenschneider Park (PKBD 2007 -01) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Besco; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -0 James -aye, Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye, Spears -aye Alderman Burd was not present for vote. PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of C -1 October 24, 2006; seconded by Alderman Spears. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated January 10, 2007 totaling the following amounts: checks in the amount of $651,220.29 (vendors); $215,321.40 (payroll period ending 1/6/07); for a total of $866,541.69 (total); seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye, Spears -aye, Burd -ave The Minutes of the Reeular Meeting of the Citv Council — January 23. 2007 —Wage 5 REPORTS MAYOR'S REPORT Ordinance 2007 -02 Approving $3,500,000.00 General Obligation Refinancing Bonds CC 2007 -01 Mayor Prochaska entertained a motion to approve an ordinance approving $3,500.000.00 General Obligation Refinancing Bonds (Alternate Revenue Source) Series 2007A of the United City of Yorkville, Kendall County Illinois, as presented. So moved by Alderman Besco; second by Alderman Wolfer. Finance Director Mika explained that there was no public hearing needed for the bonds as they are the second part of the refinancing of the bonds. She further explained that when the bonds go on the market, Speer Financial will make a presentation to the Council. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that a Winter Fun Night was held January 19, 2007 at Circle Center School and over 100 children attended. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Mrs. Spies reported that the next meeting for the 50th Anniversary Celebration will be held on February 5, 2007 at 7:00 p.m. She invited anyone interested to attend. Alderman Spears asked how many people have been attending the meetings and Mrs. Spies answered that ten to twenty people have been in attendance. 1 COMMUNITY & LIAISON REPORT School Board Alderman Burd reported that she attended the School Board meeting on January 22, 2007 where it was discussed how portions of the School District have been inadvertently whittled away over the years. An example given was the property on Orchard Road and Route 34. This property is within School District 4115's boundaries however the taxes collected were never paid to the district. Also, students may be going to the wrong schools. The Regional Superintendent of Schools, the County Clerk and the Assessors Office are all working to resolve the boundary issue. Prairie Parkway Mayor Prochaska reported that he attended the Prairie Parkway meeting where the comment period for the parkway was extended thus delaying the decision of the route of the road. The Minutes of the Regular Meeting of the City Council — January 23, 2007 — uaLye 6 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT i Raymond Regional Stormwater Basin Outfall (PC 2006 -34) Director Miller reported that this was an information item. He stated that a letter was received which states that Ocean Atlantic agrees to the funds requested by the City. He indicated that funds have been received. Ordinance 2007 -03 Edward Health Ventures Authorizing Execution of Amended Annexation and PUD Agreement (PC 2006 -84 & 2006 -85) A motion was made by Alderman Burd to approve an ordinance authorizing the execution of an amended Annexation Restated Planned Unit Development Agreement with Fox Valley Farm Partnership and with Edward Health Ventures, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review, seconded by Alderman James. Attorney Dan Kramer stated there were a few issues; the roadway contribution which has been worked out with IDOT, the accommodations of the wooded area and minor language changes. These issues were addressed and the information was given to the City and Director Miller responded. He asked them to look at three other areas which were; 1) address the preliminary plat and insert the new site plan, 2) address the period of time given for a third parry to buy the property and 3) to be more vague on the road language due to IDOT permitting. These areas have been addressed per Director Miller's direction. Alderman Leslie stated he spent with Mr. and Mrs. Devries, who were concerned with the loss of trees. He commented that Mr. Devnes did a phenomenal job addressing the layout and that it appears to have a less ecological impact and provides buffering. A representative from Edward's Hospital however expressed his concern that it provides less of a buffer between the hospital and the new residential area. There was a brief discussion regarding the wooded area, buffering, the residential area, etc. Alderman Leslie questioned the length of the term available for a third party to purchase the wooded property. Attorney Kramer stated it was better to be more flexible with the length of time rather than mix terms. Mayor Prochaska suggested adding language that allows 365 days unless the City can show they are in negotiations with an entity such as CorLands, etc. Attorney Kramer agreed suggesting that the 365 day term remain however the City will receive notice of the end of the term and time to provide information if they are in the process of negotiations. Alderman Burd stated that the City needed an idea of how much grant dollars would be needed to acquire the wooded area. Director Mogle noted that CorLands is coming out to discuss the acquisition of the property. They are able to appraise the property, make an offer and close fairly quickly. Alderman Besco noted that the City has an existing relationship with CorLands and he asked if anyone remembered how long it took them to close on the other properties. Attorney Kramer stated that once CorLands commits they move along rather quickly. Alderman Leslie stated he walked the property and was concerned with the underlying continuity between the existing residential area and the proposed one. Attorney Kramer stated that an estate subdivision is planned and the land appeals to custom builders rather than track homes. (^ There was more discussion regarding grants, financing and the term of the contract. Mr. Devries commented that he thought the entire woodland would be preserved however the revised plan shows a road cut into it. Attorney Kramer noted that the road is in the same spot and that everything west of it will remain woodland. Director Miller noted that this was a preliminary plan that is still going through a process and he indicated that a tree survey is part of the process. Until that is done, it is not known where the road will precisely go. Mayor Prochaska questioned if the language addressing that the term could be added under the motion currently on the floor. Attorney Kramer noted that the motion on the floor was to approve as presented subject to staff and legal review. Attorney Wyeth recommended amending the motion. The Minutes of the ReLyular Meeting of the Citv Council — January 23, 2007 — DaLye 7 Mayor Prochaska entertained a motion to amend the original motion to include the language about allowing for an extension of the 365 day period. So moved by Alderman James; seconded by Alderman Wolfer. Motion to amend approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye Original motion approved by a roll call vote. Ayes -8 Nays -0 Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Prochaska -aye Ordinance 2007 -04 Edward Health Ventures — Rezoning (PC 2006 -84 & 2006 -85) A motion was made by Alderman Burd to approve an ordinance rezoning certain property in furtherance with an amended Annexation and Restated Planned Unit Development Agreement with Fox Valley Farm Partnership and with Edward Health Ventures, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye Ordinance 2007 -05 Route 47 /Corneils Road Authorizing Execution of Annexation Agreement (PC 2005 -62) A motion was made by Alderman Burd to approve an ordinance authorizing the execution of an Annexation Agreement with First United Bank, as Trustee under Trust 42189, for property at the SW comer of Route 47 and Comeils Road, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Spears. Alderman Burd asked that if after final legal and staff review, changes are made to the agreement, would it come back before the City Council for review. Attorney Wyeth stated it would not and that the review is for typographical errors and such. The document will not be re- written; no substantial changes will be made. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Prochaska -aye Ordinance 2007 -06 Route 47 /Corneils Road - Annexing (PC 2005 -62) A motion was made by Alderman Burd to approve an ordinance annexing property at the SW comer of Route 47 and Comeils Road in furtherance of an Annexation Agreement with First United Bank, as Trustee under Trust #2189, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye Ordinance 2007 -07 Route 47 /Corneils Road - Rezoning (PC 2005 -62) A motion was made by Alderman Burd to approve an ordinance rezoning certain property at the SW comer of Route 47 and Comeils Road in furtherance of an Annexation Agreement with First United Bank, as Trustee under Trust #2189, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye Ordinance 2007 -08 Peter Kappos Development (Route 47 /Corneils) Authorizing Execution of Development/Economic Initiative Agreement (EDC 2007 -03) A motion was made by Alderman Burd to approve an ordinance authorizing the execution of a Development/Economic Incentive Agreement with Peter C. Kappos, regarding property at the SW comer of Route 47 and Comeils Road, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 The Minutes of the Regular Meeting of the Citv Council — January 23, 2007 — pale 8 Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye Ordinance 2007 -09 Providing for Issuance of Sales Tax Revenue Bonds (Kendall Marketplace Project) (COW 2007 -01) A motion was made by Alderman Burd to approve an ordinance providing for issuance of United City of Yorkville, Kendall County, Minois Sales Tax Revenue Bonds, series 2007, as presented; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Hearing Officer Alderman Spears inquired about the appointment of the hearing officer needed for the landfill siting hearings. Mayor Prochaska explained that the process was ongoing and several are being considered. He felt he would have a candidate to appoint in February. Mayor Prochaska stated he would present the candidate to the Council before he makes the appointment. Sewer and Water Easement Alderman Spears inquired about the permanent sewer and water easement agreement that the City has for the Bruell Street pump station site. She stated that there are things that need to be completed such as the roadway, water lines, etc and she asked why this project has been placed on hold. She noted that a resident has been waiting a year to have this completed. She asked if she could get more information and if staff could meet with the property owner. Director Miller stated he would look into. Unincorporated Areas Alderman James questioned how many areas exist that are totally surrounded by the City. He asked if these pockets could be identified and evaluated for possible annexation. Director Miller stated he would research this and identify the areas and parcel sizes. Kendall Marketplace Property Alderman Wolfer asked the Public Works Committee to look at widening Cannonball Trail in the event that Kendall Marketplace does not develop due to the lawsuit against it. He also suggested the rezoning of the property be investigated. Alderman James suggested that the widening of Cannonball Trail begin as soon as possible. Alderman Bock commented that ripping up Cannonball Trail would only hurt residents that support Kendall Marketplace. Treasurer Powell suggested closing Cannonball Trail and not allowing thru traffic. Former Committee Structure Alderman Besco asked that the City Council reconsider going back to the former committee structure because meetings have become too long. He suggested that this be reported back to Doctors Gabris and Wood and their input be asked for. There was a brief discussion about this and Aldermen Wolfer and Burd agreed with Alderman Besco. Alderman Leslie expressed his opinion that meetings should be shorter however he noted that he has a hindrance which makes it hard to be at meetings. Mayor Prochaska suggested that this matter be discussed further at an Administration Committee meeting. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing: • Collective negotiating matters between the public body and its employees or their representatives, or deliberation concerning salary schedules for one or more class of employees • Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting The Minutes of the Regular Meeting of the Citv Council - January 23, 2007 - page 8 He asked that City CIerk Milschewski, City Attorney Wyeth, Police Chief Martin and City Administrator Crois be included in the session. He indicated that no action would be taken after the session. So moved by Alderman Besco; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -5 Nays -2 - Wolfer -aye, Leslie -aye, Besco -aye, Bock -nay, Spears -aye, Burd -aye, James -nay The City Council entered into Executive Session at 11:35p.m. The City Council returned to Regular Session at 11:53 p.m. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderman Bock. Motion approved by a viva voce vote. Meeting adjourned at 11:53 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING January 23, 2007 PLEASE PRINT NAME: ADDRESS U x g t- et ; E J )I1 c vz 'I j o �/ i L�9z. r ✓� C > , Y�? ILiL lii L L� p"g. 1 Q r u. C v 0.0 v �' c / o,S U 1 W 1 Ems. rtik. ve�Q i IVo,, -5� ae 6dl, U All OtGIo� /� 5co V 2 Yolk /C '� ��� C ez 1 ►1�C Y(2rk Vi' I (p SIGNIN ) Ll S � CITY COUNCIL MEETING January 23, 2007 PLEASE PRINT NAME: ADDRESS .I ls/7 Sa I� /tease k�n� qgj� 4,o %r hr- Po, 3 > ` 1 , ( C�v �3 W i f/ I� o�. 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J�ji &O 2� y��u I � I I SIGNIN Message Page 1 of 1 John Wyeth From: John Philipchuck [JFP @dbcw.com] Sent: Tuesday, January 23, 2007 3:49 PM To: John Wyeth Subject: FW: Chas. B. Phillips Library - John - This is what I received from attorney Lenzini. He and I will finalize our agreement when he returns to his office in a few days. John John F. Philipchuck Dommermuth, Brestal, Cobine & West, Ltd. 123 Water Street P.O. Box 565 Naperville, IL 60566 -0565 (630)355 -5800 (630)355 -5976 (fax) jfp @dbcw.com - - - -- Original Message---- - From: PLenzini @aol.com [mailto:PLenzini @aol.com] Sent: Tuesday, January 23, 2007 12:19 PM To: John Philipchuck Subject: Re: Chas. B. Phillips Library Dear John, Confirming our phone conversation earlier today, on behalf of my client, the Chas. B. Phillips Public Library, am pleased to inform you that we have an agreement of terms. Basically, those "terms" are as set out in your letter to me dated January 19, 2007 (as well as the "non- monetary" conditions which had been set out in your letter of January 12, 2007 pertaining to the Library's waiving any objection to the annexation, acknowledging receipt of the notices to Library Trustees, and representing to the public hearing tonight that your clients and the Library have reached an acceptable resolution agreement). If you have questions in this regard, please let me know. Phil Lenzini 1/23/2007 CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS i REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on January 23, 2007, at the hour of 7:00 p.m., at 800 Game Farm Road I in the City of Yorkville, Illinois. i D- 814507 REPO • COURT reporting service 1212 South Naper Boulevard Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153 www.depocourt.com 2 1 P R E S E N T: 2 MR. ARTHUR F. PROCHASKA, Mayor; 3 MR. PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS. VALERIE BURD, Alderman; 6 MR. DEAN WOLFER, Alderman; JAMES BOCK Alderman; 7 MR . J n• a 8 MR. JOSEPH BESCO, Alderman; 9 MS. ROSE ANN SPEARS, Alderman; 10 MR. JOHN CROIS, City Administrator; 11 MR. WILLIAM POWELL, City Treasurer; 12 MR. TRAVIS MILLER, Community Development 13 Director; 14 MS. JACQUELYN MILSCHEWSKI, City Clerk. 15 16 A P P E A R A N C E S: 17 BY: MR. JOHN JUSTIN WYETH, appeared on behalf of the United 18 City of Yorkville, Illinois. 19 20 - - - - - 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance) 2 (WHEREUPON, proceedings i 3 were had which were not i 4 reported.) 5 MAYOR PROCHASKA: Entertain a motion 6 to reconvene the City Council meeting of Tuesday, 7 January 23rd. 8 ALDERMAN BURD: So moved. 9 ALDERMAN BOCK: Second. 10 MAYOR PROCHASKA: At this time I 11 would entertain a motion to go into public 12 hearing for the discussion of Sunflower Estates 13 Special Service Area, 2006 -119. 14 ALDERMAN WOLFER: So moved. 15 ALDERMAN JAMES: Second. 16 MAYOR PROCHASKA: Moved and 17 seconded. May I have roll call, please? 18 MS. MILSCHEWSKI: Bock. 19 ALDERMAN BOCK: Aye. 20 MS. MILSCHEWSKI: Spears. 21 ALDERMAN SPEARS: Aye. 22 MS. MILSCHEWSKI: Burd. 23 ALDERMAN BURD: Aye. 24 MS. MILSCHEWSKI: James. Depo Court Reporting Service (630) 983 -0030 4 1 ALDERMAN JAMES: Aye. 2 MS. MILSCHEWSKI: Wolfer. 3 ALDERMAN WOLFER: Aye. 4 MS. MILSCHEWSKI: Leslie. 5 ALDERMAN LESLIE: Aye. 6 MS. MILSCHEWSKI: Besco. 7 ALDERMAN BESCO: Aye. 8 MAYOR PROCHASKA: Motion is carried. 9 We are now in public hearing. Who is to speak on 10 this? Yes, ma'am. 11 If I could, just as a reminder, 12 everyone, because there are so many public 13 hearings and so much time to try to keep our 14 comments concise and short so that we can 15 certainly have everybody that wants an 16 opportunity to speak here. 17 WHEREUPON: 18 KERRY BARTELL, 19 testified before the Yorkville City Council as 20 follows: 21 MS. BARTELL: Sure. My name is 22 Kerry Bartell. I am with the law firm of Kovitz, 23 Shifrin, Nesbit in Buffalo Grove, Illinois. 24 Our office represents the Depo Court Reporting Service (630) 983 -0030 5 1 Sunflower Estates Homeowner's Association, and I 2 am speaking here on behalf of the Board and many 3 of the homeowners in the association. 4 I'm going to keep my comments 5 relatively brief based on the Committee of the 6 Whole meeting which we had in December, so a lot 7 of the comments that you're going to hear tonight 8 you've already heard, but I just want to go over 9 them again, also to address some of the concerns 10 that I heard come up at that Committee of the 11 Whole meeting. 12 Again, the petition to create 13 the Special Service Area and then ultimately 14 again to dissolve the association has been 15 approved by 100 of the 117 homes in the 16 association. That's approximately 84 percent of 17 the owners. 18 There are eight homes that 19 voted against the creation of the SSA and the 20 dissolution of the association, so I don't want 21 to leave them out either. 22 There is three main issues for 23 the association, and if it is not allowed to 24 dissolve, these are the three major issues that Depo Court Reporting Service (630) 983 -0030 6 1 will be facing the Board as well as the 2 homeowners. 3 First is the issue of a 4 assessments or dues. The association has been in 5 existence and was recorded against the property 6 approximately seven years ago. 7 During that seven -year 8 existence and the control of the developer, no 9 dues were collected by the developer, no bills 10 were assumed in the name of the association, all 11 of the expenses, all of the contracts, were taken 12 out in the name of Inland Development, so there 13 were never any records, there is no financials, 14 there is no information that's been provided by 15 the developer with regard to how those expenses 16 or how those funds were used. i 17 The association does have 18 approximately $20,000 -- although I'm sure it's 19 less now -- in their bank account, and their plan 20 if the dissolution is to go through is that 21 whatever excess funds are left over, those would 22 be distributed back to the homeowners, so that 23 way they'll have no access. 24 The second issue is the Depo Court Reporting Service (630) 983 -0030 7 1 enforcement of violations. Again during the 2 seven -year period that the developer was in 3 control of the association, no enforcement of any 4 of the violations of the declaration -- which is 5 the respective covenants on the property -- were 6 enforced. 7 Approximately at this time I 8 there are 90 percent of the homes that are not in 9 compliance. The majority of the homeowners are 10 concerned about the -- the enforcement of these 11 violations and the fact that they're going to 12 have to police their own neighbors at this point. I 13 Finally, and probably most 14 important, is the issue of litigation. If the 15 association is forced to continue and they're not 16 allowed to dissolve, the association is going to 17 have to face some sort of litigation against the 18 developer as well as possibly the City. 19 They would like to avoid that, 20 but in order to operate effectively and 21 efficiently and in compliance with the state law 22 governing associations, they would have to pursue 23 some type of litigation against the developer. 24 As we discussed at the previous Depo Court Reporting Service (630) 983 -0030 8 1 committee meeting, they would not be entitled to 2 recover their attorneys' fees, so this can be 3 quite an extensive cost for the homeowners. 4 If the dissolution is to move 5 forward, there are two things that need to 6 happen. One is the creation of the Special 7 Service Area, which will help obviously to cover 8 the costs of the maintenance of the outlots that 9 are on the property. There are three outlots. 10 They also need to dedicate 11 those outlots to the City. The reason for that 12 is that the association, if it is going to 13 proceed with dissolution, cannot have any assets. 14 Obviously land is an asset, so they cannot have 15 that property ownership on their title. 16 The issue with insurance, which 1 � 17 is a question that came up at the last committee 18 meeting, is because if the land is ultimately 19 dedicated to the City, obviously it needs to be 20 maintained and then insured. 21 In speaking with the City over 22 this matter the Board has come to determine that 23 there should be no cost increase to the City for 24 insurance. Depo Court Reporting Service (630) 983 -0030 9 1 The amount of land is minimal 2 and the increase in the premium again should not 3 be anything significant as far as the cost to the 4 City. 5 If there are costs, that I'm 6 sure could be worked into the Special Service 7 Area and the amount of money that was charged 8 back to the homeowners, along with the 9 maintenance and whatever costs are incurred. 10 I know that there was also a 11 concern at the last meeting about the City 12 setting a precedent for future associations. 13 Moving forward, it was my 14 understanding based on the Council meeting and 15 other discussions that we've had that the City 16 should not be put in this position in the future 17 because now back -up SSA's are created with each I 18 association, so this process would not need to be 19 followed with future associations. 20 There is also already some 21 history with other associations in the City who 22 have had this issue, although they are unique in 23 some sense, you know, in comparison to Sunflower. 24 The first would be Greenbriar. Depo Court Reporting Service (630) 983 -0030 10 1 Ultimately no declaration was recorded against 2 the property with that association, but the 3 developer did try to come at the last minute to 4 record the declaration and the homeowners in that 5 subdivision fought it. 6 The City ultimately -- it is my 7 understanding that the City assumed ownership for i 8 that property. 9 The other property that we 10 discussed last time as well is Fox Hill. Again 11 the developer failed to file a declaration, the 12 residents objected. 13 It is my understanding that the 14 City is maintaining that property or their 15 outlots at this point, and I would assume -- 16 although I'm not sure -- that the insurance would 17 cover those outlots as well. 18 Sunflower is unique in that, 19 again, it has been in existence for seven years. 20 Most of the homeowners did not even know of its 21 existence. 22 Once they purchased the 23 property here, it showed up on some title 24 reports, but not other title reports. Depo Court Reporting Service (630) 983 -0030 11 1 There is no back -up SSA for two 2 of the phases, and ultimately the biggest issue 3 is that the developer left them in a horrible 4 financial and recordkeeping state. 5 For them to go back and create 6 seven years of records is going to be virtually 7 impossible. 8 Ultimately this association was 9 one of the only -- none of the corporate 10 formalities were followed, none of the dues were 11 collected, so this is a real issue. 12 In conclusion, the association 13 needs to have this dedication, they need to have 14 this Special Service Area in order to ultimately 15 dissolve the association. 16 Our office will work with the I 17 Board to prepare the dissolution documents if 18 this is approved by the City, as well as any 19 deeds or other dedication documents if that is 20 what the City requires. 21 We are happy to do that; we've 22 done this for other associations. It should not 23 cost the City any additional funds. 24 Again, the Special Service Depo Court Reporting Service (630) 983 -0030 12 i 1 Area, any maintenance costs or other costs, will 2 be charged back to the homeowners. 3 If there are for whatever 4 reason insurance costs, those can be included, 5 and we don't believe that the City would be 6 setting any precedent as far as future 7 associations in, you know, moving forward with 8 this type of issue. That was my brief statement. 9 I would also invite the City 10 Council members to ask any questions. I don't 11 know if there are other concerns which you may 12 have, but I am happy to address them as best I 13 can. 14 MAYOR PROCHASKA: Well, at this 15 point this is the public hearing, and actually 16 the Council is supposed to hear from any other 17 residents that are here who have comments to this 18 proposal. 19 MS. BARTELL: Thank you. 20 MAYOR PROCHASKA: Thank you. What I 21 would like to do is open the floor now if there 22 is anyone from the audience that would like to 23 address the City Council or give testimony one 24 way or the other to this proposal. Depo Court Reporting Service (630) 983 -0030 I 13 1 (No response) 2 MAYOR PROCHASKA: No testimony? Is 3 there any comments from the Council? 4 ALDERMAN SPEARS: I have several. 5 MAYOR PROCHASKA: Yes. Rose. Yes. 6 Give them briefly. 7 ALDERMAN SPEARS: Okay. First of 8 all, do we know what the actual insurance costs 9 would be? Did anybody research that? Do we have 10 a figure? 11 MR. OLSON: Yes, I did research it. 12 I asked the insurance agent or our representative 13 there and they said there was no additional cost 14 to add any land, and that would be no matter if 15 it was six acres or a thousand acres. 16 ALDERMAN SPEARS: Keep it brief, i 17 though. Thank you. 18 MAYOR PROCHASKA: Well, these are 19 questions that we discussed at Council when this 20 comes before us, yet, too. 21 ALDERMAN SPEARS: Well, I thought we 22 could get it in since it was before. I have a 23 statement. This is not really a question. 24 I'd like to know if somehow in Depo Court Reporting Service (630) 983 -0030 14 1 the future the City would be able to protect the 2 residents just barring this developer from doing 3 future business in our City. 4 Can we do that legally? 5 (Applause) 6 MAYOR PROCHASKA: Well, you know, 7 what? That's a question that our legal staff 8 would have to let us know. 9 ALDERMAN SPEARS: And maybe we can 10 have that information? 11 ALDERMAN WOLFER: We have brought 12 that up in the past. We are going to define our 13 ordinance. We have brought that up when this I 14 first came up. 15 ALDERMAN SPEARS: I don't remember, 16 did you people hear that being brought up before, 17 about the developer being barred from doing 18 business in our city? 19 Thank you. Apparently none of 20 us attended that meeting. Okay. That's all I 21 have. Thank you. 22 MAYOR PROCHASKA: Okay. Well, then 23 with that I would entertain a motion to close 24 this public hearing -- Depo Court Reporting Service (630) 983 -0030 15 1 ALDERMAN BURD: Mr. Mayor, I have 2 something to say. 3 MAYOR PROCHASKA: Go ahead. 4 ALDERMAN BURD: I just had one quick 5 question. Some of you are here from Sunflower 6 Estates. I just wondered if you have any 7 concerns about maintaining -- I think you have 8 mentioned this a little bit before, maintaining 9 standards in the community as far as once this is 10 voted out, how would you go about doing that? 11 Some of the homeowners 12 commented on that they had concerns, so I just -- 13 have you thought about that at all or addressed 14 it? 15 UNIDENTIFIED AUDIENCE MEMBER: We 16 have thought about it. There are a lot of those 17 issues. We've also been there for seven years 18 without any enforcement. You can walk through 19 there and see that it's obviously well taken care 20 of. We care about the property. I don't see all 21 of a sudden it becoming an issue or a problem. 22 ALDERMAN BURD: Okay. And what 23 about the irrigation? It's always been 24 irrigated. I understand we're not going to use Depo Court Reporting Service (630) 983 -0030 16 1 that anymore. Is that going to cause any 2 problems? 3 UNIDENTIFIED AUDIENCE MEMBER: I 4 don't think so because it is in place for new 5 plants and growth and sod, and obviously it's 6 seven years old, it's established. 7 ALDERMAN BURD: Okay. Thank you. 8 MAYOR PROCHASKA: Okay. Is there 9 any other comments? 10 (No response) 11 MAYOR PROCHASKA: Because that is 12 what I had heard before, that you would be happy 13 with the City standards at this point. 14 Hearing no discussion, I would 15 entertain a motion to closing this public 16 hearing. 17 ALDERMAN BURD: So moved. 18 ALDERMAN SPEARS: Second. 19 MAYOR PROCHASKA: Moved and 20 seconded. May I have roll call, please? 21 MS. MILSCHEWSKI: Spears. 22 ALDERMAN SPEARS: Aye. 23 MS. MILSCHEWSKI: Burd. 24 ALDERMAN BURD: Aye. Depo Court Reporting Service (630) 983 -0030 17 1 MS. MILSCHEWSKI: .James. 2 ALDERMAN JAMES: Aye. 3 MS. MILSCHEWSKI: Wolfer. 4 ALDERMAN WOLFER: Aye. 5 MS. MILSCHEWSKI: Leslie. 6 ALDERMAN LESLIE: Aye. 7 MS. MILSCHEWSKI: Besco. 8 ALDERMAN BESCO: Aye. 9 MS. MILSCHEWSKI: Bock. 10 ALDERMAN BOCK: Aye. 11 MAYOR PROCHASKA: Motion is carried. 12 Next on the agenda I would entertain a motion to 13 go into public hearing for the purpose of 14 discussing PC 2006 -90, Fox Valley View, Inc., 15 petitioner, has filed an application with the 16 United City of Yorkville, Kendall County, l 17 Illinois, requesting annexation to the United 18 City of Yorkville and rezoning from Kendall 19 County A -1 to United City of Yorkville R -2 20 One- Family Residence District and for hearing as 21 to the annexation agreement of the petitioner. 22 The real property consists of 23 approximately 37.55 acres located on the south 24 side of Route 71 and adjacent to and north of Depo Court Reporting Service (630) 983 -0030 18 1 Highpoint Road, Kendall County, Kendall 2 Township -- excuse me, Kendall County, Illinois. 3 May I hear a motion? 4 ALDERMAN JAMES: So moved. 5 ALDERMAN WOLFER: Second. 6 MAYOR PROCHASKA: Moved and 7 seconded. May I have roll call? 8 MS. MILSCHEWSKI: Besco. 9 ALDERMAN BESCO: Aye. 10 MS. MILSCHEWSKI: Leslie. 11 ALDERMAN LESLIE: Aye. 12 MS. MILSCHEWSKI: Wolfer. 13 ALDERMAN WOLFER: Aye. 14 MS. MILSCHEWSKI: James. 15 ALDERMAN JAMES: Aye. 16 MS. MILSCHEWSKI: Burd. 17 ALDERMAN BURD: Aye. 18 MS. MILSCHEWSKI: Spears. 19 ALDERMAN SPEARS: Aye. 20 MS. MILSCHEWSKI: Bock. 21 ALDERMAN BOCK: Aye. 22 MAYOR PROCHASKA: Motion is carried. 23 We are now in public hearing. Is there someone 24 from the petitioner? Depo Court Reporting Service (630) 983 -0030 19 1 MR. ROSANOVA: Yes, Your Honor. 2 MAYOR PROCHASKA: Okay. There you 3 are. 4 WHEREUPON: 5 VINCE ROSANOVA, 6 testified before the Yorkville City Council as 7 follows: 8 MR. ROSANOVA: Good evening. My 9 name is Vince Rosanova. I am an attorney with 10 the law firm of Dommermuth, Brestal, Cobine & 11 West, and we represent the property owner and I i 12 petitioner, Fox Valley View, Inc. 13 Here with me tonight we have 14 John McGrath, the representative of Fox Valley 15 View, as well as Eric Granrud with Smith 16 Engineering Consultants, who is our civil i 17 engineer. 18 As you know, the petitioner has i 19 on file a petition seeking annexation to the City 20 R -2 One - Family Residence District zoning as well 21 as a preliminary plat of subdivision approval. 22 The property in question 23 consists of approximately 37 and a half acres, 24 which we are proposing to occupy with 53 Depo Court Reporting Service (630) 983 -0030 20 1 single- family detached homes. 2 We have been working closely 3 with Staff in preparing our annexation agreement 4 and we are all here to answer any questions this 5 Council or the public may have this evening. 6 Thank you. 7 MAYOR PROCHASKA: At this time I'd 8 open the floor. Is there anyone that would like 9 to offer questions or comments on this issue? 10 Yes, sir. 11 WHEREUPON: 12 TODD MILLIRON, 13 testified before the Yorkville City Council as 14 follows: 15 MR. MILLIRON: Where exactly is this 16 property located on Highpoint Road? 17 MR. ROSANOVA: South of Legion Road, 18 and it's immediately to the south and adjacent to 19 the existing Brighton Oaks subdivision. 20 MR. MILLIRON: Is it south of the i 21 Brighton Oaks? That is -- 22 MR. ROSANOVA: This is going to be 23 an extension. Same, owner, very similar. It's 24 going to add -- Yes. Yes. Depo Court Reporting Service (630) 983 -0030 21 1 MAYOR PROCHASKA: You need to speak 2 up, please. And the speakers need to identify 3 yourself if you are asking questions so we have 4 it in the minutes, please. 5 WHEREUPON: 6 JOANN GILBERT, 7 testified before the Yorkville City Council as 8 follows: 9 MS. GILBERT: I was just asking 10 exactly where it was because I don't think we had 11 notice of that. I 12 MR. ROSANOVA: Excuse me. There are 13 two different matters. There is also a petition 14 on file with the ZBA requesting a side yard 15 setback variance, which has been noticed for 16 February 7th, originally noticed for January, the i 17 first week in January, which has subsequently 18 been continued, and the separate notice for the 19 Plan Commission for the actual annexation and 20 zoning and then the actual publication for this 21 public hearing on the annexation agreement, so 22 there's been several different notices that have 23 gone out. 24 MAYOR PROCHASKA: Okay. Is there -- Depo Court Reporting Service (630) 983 -0030 22 1 come up -- Would you come up to the microphone, 2 please, so everybody can hear you? 3 MS. GILBERT: I would like to know 4 what size lots these are for the -- for the 5 projected houses. How big a lot? Are they going 6 to be an acre like the rest of them out there -- 7 MAYOR PROCHASKA: No. 8 MS. GILBERT: -- or are they going 9 to be city lots? 10 MAYOR PROCHASKA: I believe it's 11 more towards the city size, but do you have the 12 lot sizes for her? 13 MS. GILBERT: Well, what I am I 14 getting at is why do something like that when the 15 rest of us out there have one to two acres? 16 You're coming in and putting homes three to four 17 per acre. It's not consistent with where we are. 18 MAYOR PROCHASKA: That is not three 19 to four per acre, so that -- 20 MS. GILBERT: Well, whatever. 21 MAYOR PROCHASKA: It is smaller than 22 what you have. I understand that. 23 MS. GILBERT: Right. Why do 24 something like that? Depo Court Reporting Service (630) 983 -0030 23 1 MAYOR PROCHASKA: At this point 2 we're taking comments, so that's your comment. 3 Thank you. 4 UNIDENTIFIED AUDIENCE MEMBER: We 5 didn't hear the size of the lot back here. 6 MAYOR PROCHASKA: Do you want to 7 give them the size? 8 MR. ROSANOVA: A typical dimension 9 would be 80 feet wide by 100 feet deep. 10 MR. MILLIRON: No, no, we have 11 acres. 12 MAYOR PROCHASKA: Okay. Hey, he is 13 speaking. A question was asked, he is answering 14 the question. If you have comments, then that i 15 will be done, but allow him to answer the 16 question. Thank you. � I 17 MR. ROSANOVA: Approximately 12,000 18 square feet. This will be City lots, these are 19 going to be annexed to the City, will be on City 20 water, will be on our -- our sanitary will be 21 provided by the Yorkville- Bristol Sanitary 22 District. 23 As a result -- The majority of 24 the adjacent properties are in the county, they Depo Court Reporting Service (630) 983 -0030 i I 24 1 are on well and septic, and as a result they 2 require an increased amount of land to provide 3 for that sanitary -- or I'm sorry, that septic 4 field, so that's the reason why we are able to 5 provide more city -type lots. 6 MAYOR PROCHASKA: Go ahead. 7 MS. GILBERT: I've lived out there 8 for 44 years, and where they plan on building 9 this, it's a flood -- flood area through that -- 10 there is -- the creek that runs through there and 11 a lot -- in the spring, it floods, very soggy 12 area. 13 MAYOR PROCHASKA: Okay. Thank you. 14 Do you want to -- 15 MR. ROSANOVA: Yes. I actually -- 16 our civil engineer, Eric Granrud, has looked l ' 17 extensively into the wetland issues and is here. 18 I would like him to come back 19 just to make sure to address Mrs. Gilbert's 20 concern. I 21 WHEREUPON: 22 ERIC GRANRUD, 23 testified before the Yorkville City Council as 24 follows: Depo Court Reporting Service (630) 983 -0030 I 25 1 MR. GRANRUD: Good evening, Council 2 members. Eric Granrud with Smith Engineering 3 Consultants. I live at 14765 Fox Road. 4 Basically the largest open 5 space lot is where there is low -lying existing 6 farm ground. 7 The creek is located exactly on 8 the southern property line of the site. We have i 9 established the 100 -year floodplain. 10 The Department of Natural 11 Resources is actually determining that the 12 100 -year floodplain starts just to the east side 13 of Highpoint Road, and that's because the i 14 contributing drainage area to the site is right 15 around one square mile and that's kind of where 16 they determine the floodway to start. 17 We do understand that the area 18 is a -- is a creek, that it's the upper head 19 watershed of the mid -Aux Sable branch, and there 20 is a flood zone, and so we have established the 21 100 -year floodplain. 22 We've located the on -site 23 detention pond adjacent to that floodplain. The 24 road that will be dedicated through the site and Depo Court Reporting Service (630) 983 -0030 26 1 dedicated for public right -of -way will be above 2 the floodplain, and then separate from where our 3 stormwater pond is we are dedicating existing 4 wetlands into that open space that will be 5 preserved. 6 MAYOR PROCHASKA: Thank you. Sir, 7 do you want to come up? I 8 WHEREUPON: 9 ROBERT RUTKAS, 10 testified before the Yorkville City Council as 11 follows: 12 MR. RUTKAS: Thank you. Yes. My 13 name is Robert Rutkas. I live on Legion Road and 14 I would like to reiterate what this lady here 15 mentioned before. 16 I was under the impression that 17 the south side of Yorkville would maintain the 18 estate -sized properties, probably a three -acre 19 piece. 20 I'd like to see that we 21 continue with that thought and not have people 22 jammed into little ticky tacky boxes. 23 I think it's an abomination. 24 All you need to do is drive north on Route 47, Depo Court Reporting Service (630) 983 -0030 27 1 take a look at the Hulke subdivision that's going 2 up there with all those people packed up like 3 sardines. 4 We'd like to maintain that idea 5 with estate -sized lots and homes. Thank you very 6 much. 7 MAYOR PROCHASKA: Thank you. 8 (Applause) 9 MR. ROSANOVA: If I may, I'd just i 10 like to address that gentleman's concern in two 11 parts, first of which being these are not going 12 to be ticky tacky homes. 13 Those of you who are familiar 14 with the existing Brighton Oaks subdivision, you 15 know it's a great amenity. 16 This is going to be that same 17 type, style, size and design. Some of the homes 18 go up to approximately 4500 square feet. 19 MAYOR PROCHASKA: Okay. Is there I 20 anyone else that would like to speak on this one? 21 Well, before you go, Mr. Milliron, sir, if you 22 would like to come forward. 23 WHEREUPON: I 24 PHIL CORRINGTON, Depo Court Reporting Service (630) 983 -0030 28 1 testified before the Yorkville City Council as 2 follows: 3 MR. CORRINGTON: Thank you. My name 4 is Phil Corrington. I live on Highpoint Road 5 slightly past where they are proposing this 6 subdivision, and my property drains through that 7 creek. 8 It doesn't drain right now, and 9 I am afraid that if they do anything with that 10 property, it's going to drain worse. 11 So we're backing up into a 12 wetlands where I live now because of downstream 13 changes in the property, so that's one concern. 14 The second concern is I don't 15 believe we received any notification that this 16 would be discussed tonight. 17 MAYOR PROCHASKA: That's one of the 18 things we can check, those receipts, to make sure 19 that people were notified that were within the 20 required range. We can do that. 21 MR. CORRINGTON: I would appreciate 22 it. 23 MAYOR PROCHASKA: Yes. 24 MR. ROSANOVA: For a public hearing Depo Court Reporting Service (630) 983 -0030 29 1 on the terms of an annexation agreement what you 2 do is you publish in the paper and Bart Olson, 3 who handles the publications for the City who 4 contacts the paper, he could provide you with I 5 that information. 6 MAYOR PROCHASKA: There is no mail 7 notices on the annexations, it's only 8 publications, okay, for the agreement, so when it 9 goes to Plan Commission is when you are noticed, 10 is that -- and then -- 11 MR. ROSANOVA: Absolutely. 12 MAYOR PROCHASKA: And then it is 13 published in the paper for the annexation 14 agreement that comes before the City Council. 15 MR. ROSANOVA: You are correct, 16 Mayor. 17 MAYOR PROCHASKA: Okay. So you 18 should have all been noticed when this came 19 before the Plan Commission, okay? Should have 20 been. So we will check to make sure you were. 21 MS. GILBERT: What we got in the 22 mail is February 7th is the next date. 23 MAYOR PROCHASKA: That's -- that's 24 the Zoning Board. That's for the variance. Depo Court Reporting Service (630) 983 -0030 30 1 MS. GILBERT: But we would have 2 missed this if we hadn't been here. 3 MAYOR PROCHASKA: Well, it is 4 noticed in the paper, though. It is noticed. 5 MR. CORRINGTON: One more question 6 if I may. Can you turn the microphone up? 7 MAYOR PROCHASKA: This one here? 8 MR. CORRINGTON: How about if we 9 raise this one up a little bit? 10 Question to the Board then. 11 With this public hearing tonight, with this 12 public hearing tonight, will there be any vote on 13 whether to annex this property? 14 MAYOR PROCHASKA: I don't believe it 15 was on the agenda for this evening. 16 MR. CORRINGTON: Okay. Thank you. 17 MAYOR PROCHASKA: Okay. Anyone 18 else? Mr. Milliron. 19 MR. MILLIRON: I'd like the attorney 20 to answer the question. 12,000 square feet, I 21 don't know exactly how many feet are in an acre, 22 so how -- approximately the size of these lots by 23 the acres because we all have one acre or more 24 lots out there on Highpoint Road, it was in the Depo Court Reporting Service (630) 983 -0030 31 1 County plan for estate -sized lots, like one acre 2 or more, and you are changing the character of 3 Highpoint Road by allowing a subdivision like 4 that. 5 That subdivision butts right up 6 against the fend. We call it Cotswold Fend out 7 there. My home is on the other side of that 8 fend. 9 It's a recharge area where a 10 lot of water collects and gets there and the 11 ground is -- JoAnn is right, the ground is 12 saturated virtually all the time. 13 I'll be surprised if there will I 14 be a house out there that has a basement. 15 MAYOR PROCHASKA: Thank you. 16 MR. ROSANOVA: Our average lot size 17 is 12,000 square feet. An acre is 43,560 square 18 feet. 19 The second part of your concern 20 is in relation to the lot size. The City's 21 Comprehensive Plan envisions this property as 22 residential with a maximum density of 1.5 23 dwelling units per acre. i 24 We are proposing 53 lots on 37 Depo Court Reporting Service (630) 983 -0030 32 1 and a half acres for a gross density of 1.4, so 2 not only are we in conformance with the City's 3 Comprehensive Plan, but we are also in 4 conformance with the R -2 zoning district. 5 The County plan is not at point 6 here. The City has their own Comprehensive Plan, 7 how they envision the land uses that would be 8 most beneficial to the City, and when we submit a 9 development application, that's what we conform 10 to and that's what we have conformed to. 11 MAYOR PROCHASKA: Thank you. 12 Someone else? Sir. 13 WHEREUPON: 14 JARED KORTE, 15 testified before the Yorkville City Council as _ 16 follows: 17 MR. KORTE: Hi. I am Jared Korte. 18 I live in Timber Creek up on 71, and my concern 19 still is about the lot size. 20 I moved in ten years ago and, 21 Art, when you came here almost eight years ago, 22 you said you wanted to keep large lots. 23 The reason I moved down on 71 24 is everything south of 71 and west of 47 is all Depo Court Reporting Service (630) 983 -0030 I 33 1 large lots. 2 I drive through Oswego every 3 day through 71, it's all large lots, large homes, 4 and now we're going to have three homes per acre. 5 This is ridiculous. 6 MAYOR PROCHASKA: Okay. Anyone i 7 else? 8 (Applause) 9 MAYOR PROCHASKA: One more time, we 10 need to move on. 11 MR. MILLIRON: So I'm still trying 12 to picture this. This is basically a subdivision 13 that's between Bernadette and Brighton Oaks and 14 it would abut up to the people that are on I 15 Bernadette that also have one -acre lots; is that 16 correct? I 17 MAYOR PROCHASKA: It shows on the I 18 plan there. I 19 MR. MILLIRON: Well, I haven't 20 actually had a chance to look at it, I'm still 21 trying to visualize it in my head. 22 I live out there, Art, I've 23 walked that subdivision by the way, and I know it 24 quite well, and just because you have city water I I Depo Court Reporting Service (630) 983 -0030 34 1 and sewer, I don't understand why you have to put 2 three houses on an acre. Something the school 3 district probably doesn't appreciate very much. 4 We have large lots out there, 5 you're not taking those into consideration, and 6 you're not thinking about us on the southwest 7 side, and that's been evident since September. 8 MAYOR PROCHASKA: Well, that's your 9 opinion. Sir, did you have something you want to 10 say? 11 (Applause) 12 MAYOR PROCHASKA: Is there any other i 13 discussion for this particular issue? 14 (No response) 15 MAYOR PROCHASKA: I'd entertain a 16 motion to close the public hearing. l 17 ALDERMAN WOLFER: So moved. 18 ALDERMAN BOCK: Second. _ 19 MAYOR PROCHASKA: Moved and 20 seconded. May I have roll call, please? 21 MS. MILSCHEWSKI: Leslie. 22 ALDERMAN LESLIE: Aye. I 23 MS. MILSCHEWSKI: Wolfer. 24 ALDERMAN WOLFER: Aye. Depo Court Reporting Service (630) 983 -0030 35 1 MS. MILSCHEWSKI: James. 2 ALDERMAN JAMES: Aye. 3 MS. MILSCHEWSKI: Burd. 4 ALDERMAN BURD: Aye. 5 MS. MILSCHEWSKI: Spears. 6 ALDERMAN SPEARS: Aye. 7 MS. MILSCHEWSKI: Bock. 8 ALDERMAN BOCK: Aye. 9 MS. MILSCHEWSKI: Besco. 10 ALDERMAN BESCO: Aye. 11 MAYOR PROCHASKA: Motion is carried. 12 At this time I would entertain 13 a motion to go into public hearing for discussion 14 of Fox Moraine, LLC, an Illinois limited 15 liability company, North Star Trust Company nO. 16 06 -9993 under Trust Agreement dated August 8, 17 2006, petitioners, have filed an application with 18 the United City of Yorkville, Kendall County, 19 Illinois -- Oh, I'm sorry. I guess I'm trying to 20 jump to that. Okay. We're back up to number 21 three. 22 I'd entertain a motion to go 23 into public hearing to discuss number PC 2006 -98, 24 TDC Yorkville Shopping Center, II, Illinois, LLC, Depo Court Reporting Service (630) 983 -0030 36 1 petitioner, has filed an application with the 2 United City of Yorkville, Kendall County, 3 Illinois requesting an amendment to the existing 4 annexation and PUD agreement for the property 5 commonly known as Yorkville Marketplace. 6 The real property consists of 7 approximately 5.7 acres located at the southeast 8 corner of Route 34 and Route 47 in Yorkville, 9 Kendall County, Illinois. 10 ALDERMAN JAMES: So moved. 11 ALDERMAN BOCK: Second. 12 MAYOR PROCHASKA: Moved and 13 seconded. May I have roll call, please? 14 MS. MILSCHEWSKI: Leslie. 15 ALDERMAN LESLIE: Aye. 16 MS. MILSCHEWSKI: Wolfer. 17 ALDERMAN WOLFER: Aye. 18 MS. MILSCHEWSKI: James. 19 ALDERMAN JAMES: Aye. 20 MS. MILSCHEWSKI: Burd. 21 ALDERMAN BURD: Aye. 22 MS. MILSCHEWSKI: Spears. 23 ALDERMAN SPEARS: Aye. 24 MS. MILSCHEWSKI: Bock. Depo Court Reporting Service (630) 983 -0030 37 1 ALDERMAN BOCK: Aye. 2 MS. MILSCHEWSKI: Besco. 3 ALDERMAN BESCO: Aye. 4 MAYOR PROCHASKA: Motion is carried. 5 WHEREUPON: 6 TRACY KASSON, 7 testified before the Yorkville City Council as 8 follows: 9 MR. KASSON: My name is Tracy 10 Kasson. I am with the law firm -- 11 MAYOR PROCHASKA: Can't hear you. 12 Can move over there? 13 MR. KASSON: Good evening. My name 14 is Tracy Kasson. I am with the law firm of 15 Rathje, Woodward, Dyer & Burt in Wheaton, 16 Illinois, representing TDC Yorkville II, LLC. 17 This is a request for an 18 amendment to the 2001 PUD for Yorkville 19 Marketplace, specifically for Lot 9, and an 20 amendment to the consent decree covering this 21 property. 22 Basically the request is to 23 reduce the landscape setback in some areas from 24 23 feet to 20 feet and to reduce the building Depo Court Reporting Service (630) 983 -0030 i 38 1 setback in certain areas from 50 feet to 20 feet 2 on portions of Lot 9. 3 The basic request and reason 4 for it was as this shopping center was proposed 5 in 2001 we had the Jewel, we knew that was going 6 in, we were trying to make our best guess at that 7 time for the rest of the lots, established some 8 basic setbacks. 9 Now as things are firming up we 10 have a much better idea as to what type of 11 retailer will be coming in here, and as 12 Mr. Donahue from the developer and owner of the 13 property will explain, it necessitates some 14 slight adjustments to those setbacks. 15 WHEREUPON: 16 JOHN DONAHUE, 17 testified before the Yorkville City Council as 18 follows: 19 MR. DONAHUE: Hi. I'm John Donahue, 20 Tucker Development, and as Tracy stated, we are 21 looking for relief on two setbacks, one being the 22 landscape buffer from 23 feet to 20 feet and the 23 building setback from 50 feet to 20 feet as well. 24 They both occur in the same Depo Court Reporting Service (630) 983 -0030 39 1 area on the east side of Lot 9, and that is to 2 allow for a larger lineal frontage of buildings, 3 and the buildings will have less depth than 4 originally anticipated. That's really all there 5 is to it. If you've got any questions, we are 6 happy to answer those. 7 MAYOR PROCHASKA: At this time I'd 8 ask if there is anybody in the audience that 9 would like to address the Council on this issue. 10 (No response) 11 MAYOR PROCHASKA: For the developer? 12 (No response) 13 MAYOR PROCHASKA: Yes, sir. Can you i 14 come down, please, to the mic and state your I 15 name? We need you to come down, state your name 16 and speak in the microphone, please. Thank you. 17 WHEREUPON: 18 DON HAUGE, 19 testified before the Yorkville City Council as 20 follows: 21 MR. HAUGE: Don Hauge (phonetic), 22 Yorkville. I think once you set a setback limit, 23 I think you should stick by it. I 24 Yorkville Marketplace I think Depo Court Reporting Service (630) 983 -0030 40 1 would benefit from a setback. I don't think 2 pushing things closer towards the road would help 3 matters out. That's all I have to say. 4 MAYOR PROCHASKA: Thank you. Is 5 there anyone else? 6 (No response) 7 MAYOR PROCHASKA: Any other 8 discussion on this? 9 (No response) 10 MAYOR PROCHASKA: Do you want to say 11 something else, Alderman Leslie? 12 ALDERMAN LESLIE: I'm not sure, what 13 was your justification on the variance of the 14 setback? That's pretty extreme. 15 MR. KASSON: It's just an amendment, 16 it's not technically a variance. 17 The justification is at the 18 time back in 2001 we really had no idea what was 19 going in there. It was envisioned that it would 20 probably be more of a bigger box. 21 I think, as Mr. Donahue could 22 explain now, the market and the demand in that 23 area has changed, so it's going to be more of a 24 mid -box to a different type of user that will, Depo Court Reporting Service (630) 983 -0030 41 1 instead of having a deeper building, require 2 basically a shallower building and a wider 3 building. 4 Basically its square footage 1 5 will be similar, just a different shape. The 6 landscape setback is predominantly the same and 7 it's not going to be in all areas. 8 John, you can talk about the 9 small areas. The landscape setback will only be 10 reduced in certain areas three feet, in certain 11 areas zero. 12 MR. DONAHUE: There are some areas 13 where we were actually outside of the landscape 14 buffer, and then the further south you go, the 15 wider the landscape area goes. 16 You are looking at developing 17 on a straight angle perpendicular to the drive, 18 and this drive goes on kind of a curve or an 19 angle, and the landscaping would abide with that 20 angle. Actually more landscaping to cover that. 21 ALDERMAN LESLIE: I fail to see how 22 a smaller box would necessitate a shallower 23 setback. If you're building a larger box, I 24 could see why you may want to encroach upon the Depo Court Reporting Service (630) 983 -0030 42 1 road, but -- 2 MR. KASSON: Well, we're not -- We 3 are staying within predominantly the same 4 landscape buffer, so the green space is going to 5 be, as Mr. Donahue said, even more than what is 6 proposed, but we just need more lineal -- 7 basically a wider box to accommodate the newer 8 tenant. 9 MR. DONAHUE: Maybe you are -- the 10 depth of the building, the original development, 11 we envisioned one big box for those two. 12 Now there will be multiple 13 mid -size boxes which, in order to meet their 14 prototypes, they have certain widths that they 15 live with. 16 We will not go as far south as 17 we anticipated, but we need a little bit further 18 east than we originally anticipated. 19 ALDERMAN LESLIE: If I'm I 20 understanding this correctly, the setback was 50 21 foot. Would this be approaching Landmark Avenue 22 then? I can't see that. I 23 MR. DONAHUE: No. I'm sorry, it's 24 on Marketplace Drive. Depo Court Reporting Service (630) 983 -0030 43 1 ALDERMAN LESLIE: Okay. So it would 2 be approaching Marketplace, so -- 3 MR. DONAHUE: Correct. 4 ALDERMAN LESLIE: So only that 50 5 foot setback on that area? 6 MR. DONAHUE: Correct. 7 ALDERMAN LESLIE: It wouldn't go to 8 the perimeter -- 9 MR. DONAHUE: No. 10 ALDERMAN LESLIE: -- down the 11 Landmark side. 12 MR. DONAHUE: No. It would only be 13 on the east boundary following the curve of 14 Marketplace Drive. I 15 ALDERMAN LESLIE: Is that a signaled 16 intersect there at Landmark and Marketplace or 17 no? 18 MR. DONAHUE: No, it is not. 19 ALDERMAN LESLIE: Is it a stop sign? 20 MAYOR PROCHASKA: It's a yield. 21 ALDERMAN LESLIE: Yield? If it's a 22 yield sign, I'd have concerns of obstructed view. 23 I mean, if you are heading on Marketplace Drive 24 in the direction of Landmark Avenue and you Depo Court Reporting Service (630) 983 -0030 44 1 change that setback from 50 foot to 20 feet -- 2 MR. DONAHUE: There is zero impact 3 on that intersection because -- maybe I can show 4 you. Here is the intersection we are talking 5 about. Here is the -- the old building went 6 further south -- 7 ALDERMAN LESLIE: Okay. 8 MR. DONAHUE: -- so now the building 9 is shorter. 10 ALDERMAN LESLIE: Okay. Thank you. 11 MAYOR PROCHASKA: Can you explain 12 that now so everybody else can hear what you just 13 told the Alderman? 14 MR. DONAHUE: Basically I was just 15 explaining that the building will not go as far 16 south as we had originally anticipated, closer to i 17 that intersection, but will instead come a little 18 bit closer to Marketplace Drive only at this 19 point right here. 20 As I said before, Marketplace 21 Drive kind of curves to the east and the building 22 continues straight south. 23 MAYOR PROCHASKA: Okay. Is there 24 any other comments or questions? I Depo Court Reporting Service (630) 983 -0030 45 1 (No response) 2 MR. PIERSON: Question probably. 3 MAYOR PROCHASKA: Can we have your 4 name, please? 5 WHEREUPON: 6 HARTLEY PIERSON, 7 testified before the Yorkville City Council as 8 follows: 9 MR. PIERSON: Yes. Hartley Pierson, 10 president of the Longford Lakes Homeowner's 11 Association, which we are abutting that property 12 they are concerned. 13 My understanding, you are not 14 actually planning anything closer to Landmark, 15 it's going to just change the distance to the 16 other thing. Okay. 17 MAYOR PROCHASKA: Thank you. 18 MR. PIERSON: I think the only other I 19 comment I have, I hope that they are asked by the 20 City to provide a proper buffer as far as trees 21 and landscaping, as they did along behind the 22 Jewel store and the other stores. 23 I hope that that's a part of 24 the plan so that, you know, the homes there Depo Court Reporting Service (630) 983 -0030 46 1 aren't facing the back end of those buildings 2 without some kind of tree buffering there. 3 That was required by the City 4 with the development -- 5 MAYOR PROCHASKA: Right. 6 MR. PIERSON: -- on Route 47 and we 7 were pleased with that arrangement of putting the 8 proper evergreens in that would grow tall and 9 leave a sight and sound buffer between us and 10 that property, and we hope the same thing will 11 happen here. 12 MAYOR PROCHASKA: Okay. Sir. 13 MR. KASSON: We have provided a 14 landscape plan to actually view and comment, I I 15 think it's appropriate, but it was done to ensure 16 that that would comply. 17 MAYOR PROCHASKA: Alderman, you've 18 got a question? 19 ALDERMAN JAMES: Hartley, I've got a 20 question for you. The homeowner's association, 21 there is some watershed area that you guys have 22 been maintaining, and at one point you approached 23 us asking about Tucker Development was supposed 24 to be pitching in a certain amount of money, your Depo Court Reporting Service (630) 983 -0030 47 1 homeowner's association was supposed to be 2 pitching in money, and as new developers they 3 were supposed to be pitching in for maintaining 4 that, but I understand that just your homeowner's 5 association has been doing all the maintenance. 6 Is that correct? 7 MR. PIERSON: We've been doing 8 maintenance. The portion that the City had 9 originally set up, the 58 percent of that cost 10 has not been met by Tucker Development yet. 11 ALDERMAN JAMES: Can you repeat 12 that? 13 MR. PIERSON: They have not met the 14 City's statement as to the percentage that should 15 be maintained by them for the water going into 16 the pond, so they have argued against that and � I 17 haven't really come up with the money they are 18 supposed to. 19 Right now there is money 20 pending and a request to them, so we actually 21 have been responsible for doing the maintenance, 22 the mowing around the retention ponds and 23 treating the retention ponds. 24 They have to be treated to keep Depo Court Reporting Service (630) 983 -0030 48 1 the algae and stuff out so they don't become just 2 a mosquito basin, and so far they have not kept 3 up with that. 4 ALDERMAN JAMES: I think that's 5 something that we should look into before we move 6 forward on this. 7 MAYOR PROCHASKA: Okay. Is there 8 anyone else? 9 ALDERMAN SPEARS: I have something, 10 please. 11 MAYOR PROCHASKA: Yes, ma'am. 12 ALDERMAN SPEARS: I would like to 13 know with you here right now if you could commit 14 yourself to a date when the money will be 15 received. 16 MR. KASSON: We'll have to look into l 17 it. We're not -- I'm not familiar with it, 18 Mr. Donahue isn't. We will certainly look into 19 it. We are unaware, at least the two of us i 20 are -- 21 ALDERMAN SPEARS: Okay. 22 MR. KASSON: -- so it's something 23 we'll have to -- 24 ALDERMAN SPEARS: Check with your Depo Court Reporting Service (630) 983 -0030 49 1 staff then and let us know? 2 MR. KASSON: Yes. Yes. 3 ALDERMAN SPEARS: Could you give us 4 something in writing like within the next week or 5 so what they have determined, when they will 6 receive the money? 7 MR. KASSON: I would say within the 8 next couple weeks, yes. Certainly we will be 9 back here on the 20th, we'll certainly know 10 before then and we will look into it. Yes. 11 ALDERMAN SPEARS: Okay. Thank you. 12 MAYOR PROCHASKA: I'd like to know 13 that we have a status update on that prior to a I 14 vote. 15 MR. KASSON: On the 20 -- Yes. 16 MAYOR PROCHASKA: Anyone else? 17 (No response) 18 MAYOR PROCHASKA: Hearing none, I i 19 would entertain a motion to close this public 20 hearing. 21 ALDERMAN BESCO: So moved. 22 ALDERMAN SPEARS: Second. 23 MAYOR PROCHASKA: Moved and 24 seconded. May I have roll call, please? Depo Court Reporting Service (630) 983 -0030 50 1 MS. MILSCHEWSKI: Wolfer. 2 ALDERMAN WOLFER: Aye. 3 MS. MILSCHEWSKI: James. 4 ALDERMAN JAMES: Aye. 5 MS. MILSCHEWSKI: Burd. 6 ALDERMAN BURD: Aye. 7 MS. MILSCHEWSKI: Spears. 8 ALDERMAN SPEARS: Aye. 9 MS. MILSCHEWSKI: Bock. 10 ALDERMAN BOCK: Aye. 11 MS. MILSCHEWSKI: Besco. 12 ALDERMAN BESCO: Aye. 13 MS. MILSCHEWSKI: Leslie. 14 ALDERMAN LESLIE: Aye. 15 MAYOR PROCHASKA: Motion is carried. 16 And now I would entertain a � I 17 motion to go into public hearing for the purpose 18 of discussing the Fox Moraine, LLC, an Illinois 19 limited liability company, and North Star Trust 20 Company No. 06 -9993 under Trust Agreement dated 21 August 8, 2006, petitioners, have filed an 22 application with United City of Yorkville, 23 Kendall County, Illinois, requesting annexation 24 to the United City of Yorkville and rezoning from Depo Court Reporting Service (630) 983 -0030 51 1 Kendall County A -1 to United City of Yorkville 2 A -1 Agricultural District. 3 The real property consists of 4 approximately 759.7 acres located south of 5 Route 71, east and west of Sleepy Hollow Road, in 6 Kendall County, Illinois. 7 ALDERMAN BOCK: So moved. 8 ALDERMAN BESCO: Second. 9 MAYOR PROCHASKA: Moved and 10 seconded. May I have roll call, please? 11 MS. MILSCHEWSKI: Wolfer. 12 ALDERMAN WOLFER: Aye. 13 MS. MILSCHEWSKI: James. 14 ALDERMAN JAMES: Aye. 15 MS. MILSCHEWSKI: Burd. 16 ALDERMAN BURD: Aye. 17 MS. MILSCHEWSKI: Spears. 18 ALDERMAN SPEARS: Aye. 19 MS. MILSCHEWSKI: Bock. 20 ALDERMAN BOCK: Aye. 21 MS. MILSCHEWSKI: Besco. 22 ALDERMAN BESCO: Aye. 23 MS. MILSCHEWSKI: Leslie. 24 ALDERMAN LESLIE: Aye. Depo Court Reporting Service (630) 983 -0030 52 1 MAYOR PROCHASKA: Motion is carried. 2 We are now in public hearing. 3 I guess my question -- I have a 4 question first. I know, Mr. Attorney, we got an 5 email from the Newark Library indicating that 6 they have had separate discussions with the 7 developer, but I am wondering, is there anyone in 8 the audience tonight from the Newark Library 9 District that would like to come forward and 10 speak? 11 (No response) 12 MAYOR PROCHASKA: Okay. Hearing 13 none, what I will do is ask does the petitioner 14 have something that they would like to say prior 15 to me opening the floor for comments on the 16 annexation? 17 What would you like to say, 18 Alderman? 19 ALDERMAN BURD: I talked to the i 20 Newark -- I talked to the Newark -- director of 21 the Newark Public Library before -- the Charles 22 B. Phillips Library, excuse me, tonight and they 23 said that they were very satisfied with whatever 24 agreement that they had entered into with Depo Court Reporting Service (630) 983 -0030 53 1 Mr. Philipchuck and his clients, so I would just 2 like to say that this is correct. 3 MAYOR PROCHASKA: Okay. With that 4 said, I would like to open the floor to anyone �. 5 that would like to come and give comment or 6 testimony on the annexation of this property to 7 the City. That is what is being discussed. 8 There is no vote that will 9 happen tonight, we are simply taking testimony 10 and comments. 11 And, again, if we can keep our 12 comments concise, we will be able to get more 13 people through if they would like to speak. i 14 With that, I would open the 15 floor, and if someone would like to come forward, 16 please do. State your name for the record, 17 please. 18 WHEREUPON: 19 RON MILSHAWSKI, 20 testified before the Yorkville City Council as 21 follows: 22 MR. MILSHAWSKI: Ron Milshawski 23 (phonetic). I have been a resident here for five 24 years. I live at 405 East Spring. Depo Court Reporting Service (630) 983 -0030 54 1 My God, Alderpersons, look at 2 all these people. What happened? You see all 3 these signs? I think people are very upset and I 4 can see why. 5 In Chicago we have something 6 called Mount Trashmore. Do you people on the 7 City Council want Yorkville to become a giant 8 Trashmore? 9 I think the problem here is we 10 have to decide whether this is going to be 500 11 feet tall. What is the protection against water 12 contamination? I don't think your water barrier 13 is sufficient enough to prevent water 14 contamination. 15 MAYOR PROCHASKA: Well, you're 16 getting into the details of the landfill itself. 17 Tonight we are talking about the annexation and 18 the comments that you would have. 19 MR. MILSHAWSKI: Okay. I am against 20 annexation because -- 21 MAYOR PROCHASKA: Thank you. 22 MR. MILSHAWSKI: -- I believe we are 23 going to lose the initial purpose of Yorkville, 24 which is to provide a living environment for all Depo Court Reporting Service (630) 983 -0030 55 i 1 the people you see here tonight, the people who 2 have elected you to your high position. 3 I realize this is going to 4 bring some tax revenue in. We as yet do not know 5 how much per year. 6 Again, nobody has discussed the 7 impact of our roads. We are getting more and 8 more developments around here and congestion is 9 becoming more and more severe. 10 If you have gone down 126, you 11 realize it is a gridlock, and the road will be 12 deteriorating even more with your trucks coming 13 in from Chicago. 14 Thank you. 15 MAYOR PROCHASKA: Okay. Thank 16 you. 17 (Applause) 18 MAYOR PROCHASKA: Mr. Attorney, do 19 you want to -- 20 WHEREUPON: 21 DERKE PRICE, 22 testified before the Yorkville City Council as 23 follows: 24 MR. PRICE: Yes. This isn't like a Depo Court Reporting Service (630) 983 -0030 56 1 regular residential annexation. I appreciate 2 everybody's passion, and you've asked to have 3 this voluntary public hearing to allow them to 4 speak, and that's fine, but you cannot talk about 5 any of the criteria. 6 The application is filed. It's 7 there. If you want to hand them a landfill, talk 8 about the criteria. Do it. Because you'll hand 9 them unjust, unfair proceedings, and I think they 10 will win with it in court, so go ahead and do it. 11 But, Mr. Hearing Officer, since 12 you are in charge of this hearing, if you want to 13 protect the position of the City, you have to 14 rule comments about those criteria out of order. 15 That's my recommendation to 16 you. Whether you -- it's up to you to follow. 17 MAYOR PROCHASKA: Thank you. Is 18 there anyone else that would like to speak on the 19 annexation? 20 Ms. Gilbert, up to the 21 microphone, please. 22 MS. GILBERT: My name is JoAnn 23 Gilbert. 24 I don't know how you can have Depo Court Reporting Service (630) 983 -0030 57 1 an application before it's annexed. The 2 annexation is -- 3 (Applause) 4 MAYOR PROCHASKA: Again, we're 5 discussing whether -- your comments on the 6 annexation. That's what we're here to take 7 tonight, and that's what you need to make sure 8 that that's what you.are telling us. 9 What are your comments on the 10 annexation? 11 MS. GILBERT: My comments. It all 12 comes back to how -- how can you do this? The 13 application has already been filed. How can you 14 reannex? 15 MAYOR PROCHASKA: It's the county -- 16 it's the county -- Is that your comment that 17 you -- 18 MS. GILBERT: That's my comment. 19 MAYOR PROCHASKA: Thank you. Sir? 20 WHEREUPON: 21 BOB RUTKAS, 22 testified before the Yorkville City Council as 23 follows: 24 MR. RUTKAS: Thank you. My name is Depo Court Reporting Service (630) 983 -0030 58 1 Bob Rutkas. I am on Legion Road. I will be 2 affected by the proposed landfill if it does come 3 to be, but I would like to ask why would the City 4 of Yorkville be a better shepherd of this process 5 than the County? 6 MAYOR PROCHASKA: Okay. 7 MR. RUTKAS: Could you answer that, i 8 please? 9 MAYOR PROCHASKA: I feel we would 10 be, but I mean, that's -- that's -- you know, 11 that's a question to be answered at a later time. i 12 Tonight we are talking about 13 the annexation of the property into the City. 14 Mr. Gilcrest (sic)? 15 WHEREUPON: 16 GEORGE GILSON, 17 testified before the Yorkville City Council as 18 follows: 19 MR. GILSON: George Gilson, Friends 20 of Greater Yorkville, Yorkville resident. 21 First of all I want to thank 22 the Council for having this public hearing and 23 giving concerned citizens and those affected by 24 the annexation and vacation of Sleepy Hollow Road Depo Court Reporting Service (630) 983 -0030 59 1 an opportunity to be heard. 2 We have, too, reciprocated in 3 an invite to our pig roast and fundraiser at no 4 cost to you to hear our speakers as well in 5 relation to the landfill before the siting 6 process. 7 I'm not standing up here this 8 evening to rehash how we got to this point 9 because we've done this already many times and 10 you are tired of hearing it. 11 What I am up here to discuss is 12 the legal advice you have been given in how to 13 proceed. We have all heard your legal counsel i 14 advise you that the prudent thing to do here is 15 to stay the course. We are asking you to really 16 step back and examine that advice on many 17 different aspects. 18 First, let's talk about the 19 word prudent. Prudent is defined in Webster's 20 dictionary as cautious, judicious, foresighted, 21 sensible or sane. 22 Taking this word by its 23 context, there is no prudent way to stay the 24 course. The only cautious, judicious, Depo Court Reporting Service (630) 983 -0030 I 60 1 foresighted, sensible and sane way to proceed 2 here in terms of annexation and vacation of 3 Sleepy Hollow Road is to vote no on both. 4 This would alleviate all 5 burdens on the City in terms of listening to 6 their constituents and those affected in 7 blocking this landfill application that is riding 8 on the backs of you and our community and the 9 Council. 10 Let's look at the advice stay 11 the course. What is the course here in reality? 12 The reality is that it is inevitable that a 13 lawsuit will come no matter how you vote on this 14 issue. 15 Virginia Wells and other land 16 owners with deep pockets affected by your vote on 17 this annexation will litigate if you proceed 18 without a complete redo of the annexation 19 agreement and vote on the road. 20 The process of annexation 21 without notification and the process by which you 22 have agreed to vacate the road is procedurally 23 flawed and opens up the City to liability. 24 On the flip side, of course, Depo Court Reporting Service (630) 983 -0030 61 1 the applicant has threatened suit here as well if 2 you don't proceed forward with this process by 3 the terms on which they dictate. 4 The difference here is the 5 applicant has made the mistake of failure to 6 notify, and that gives you, the United City of 7 Yorkville, a viable out. Let the applicant sue. 8 You have the grounds to stand on. 9 What part of stay the course is 10 your Council and the applicant not concerned 11 about? 12 For one, they're not concerned 13 about those being affected by this procedure and I 14 how much money it will cost the people and the 15 City to proceed forward given the current flaws. 16 Second, they are not concerned 17 about listening to your constituents who are here 18 by the masses to oppose this annexation and 19 vacation of the road. 20 Third, they are not concerned 21 about what problems these flaws may cause in the 22 siting process. By then the ball is already 23 rolling. I 24 Fourth, they are not concerned, Depo Court Reporting Service (630) 983 -0030 62 1 about your aldermanic and mayoral positions and 2 how your vote may cost you your seat. 3 (Applause) 4 MR. GILSON: This is all in 5 relation, Art, to the City annexation. 6 MAYOR PROCHASKA: That's fine. 7 MR. GILSON: Please be sensible to 8 proceed forward and stay the course. It's not 9 prudent. The only loser in the end is you. 10 (Applause) 11 MR. GILSON: The other losers will i 12 be the people, our community, and other i 13 surrounding communities. 14 Vote no on annexation and no on 15 vacation of the road. The lawsuit is inevitable. 16 Get out and relieve yourself of this great 17 responsibility and burden while your legal 18 position is good and all aren't affected 19 long -term. 20 Thank you. 21 (Applause) 22 MAYOR PROCHASKA: Thank you. 23 ALDERMAN WOLFER: I had a question 24 for you if I could. Depo Court Reporting Service (630) 983 -0030 63 1 MR. GILSON: Sure. 2 ALDERMAN WOLFER: Over the course 3 you have given us a lot of legal advice and 4 interpretations, and I want to know what your 5 background is so I can weigh that in because you 6 are telling us not to listen to attorneys who are 7 specialized in this area. �I 8 (interruption) 9 MAYOR PROCHASKA: I'm going to ask, 10 first of all, that when people ask a question or 11 give an answer, everybody is due the same 12 respect, and that means there is no wise -crack 13 comments out there either because you wouldn't 14 want it w ith y ou. I 15 I expect that we are all 16 respectable people here and we will respect 17 everybody's right to speak. 18 MR. GILSON: Dean, the answer is I'm 19 not a lawyer, if that's what you are asking me, 20 but I have been counseled by attorneys, several 21 of them, okay? I 22 And, one, if you read the front 23 page of the Beacon, you've read an opinion based 24 on -- by Jerry Norton, who is a Loyola University I ' Depo Court Reporting Service (630) 983 -0030 64 1 of Chicago School of Law professor, who agrees 2 with that -- with that -- that the procedure is 3 flawed and that you will open up a chance for 4 litigation, okay? 5 The other thing, I want to read 6 this since you asked -- 7 ALDERMAN WOLFER: Okay. 8 MR. GILSON: -- Illinois Municipal 9 Code Annexation Authority, 2006 edition. Derke 10 should be very familiar with this. 11 The provisions of the Illinois 12 Municipal Code that allow for annexation 13 agreements do not a create an additional method 14 of annexing property to a municipality. Any i 15 property that is subject to an annexation 16 agreement must be annexed to the community 17 pursuant to one of the available statutory 18 methods. 19 An annexation agreement does, 20 however, provide a means by which the property 21 owners and the municipality may enter into 22 binding commitments that will control various 23 aspects of the use of the land and the 24 development of property after it is annexed. Depo Court Reporting Service (630) 983 -0030 65 1 The other thing I want to read 2 to you is the case in Radona G. Viacobi 3 (phonetic), the owner of annexed property, became 4 enmeshed in litigation relating to possible flood 5 damages and breaches of the annexation agreement 6 by the municipality by failing to allow the 7 developer to proceed in accordance with the 8 annexation agreement. 9 The municipality was found not 10 to have breached the annexation agreement and not 11 to have engaged in a tortious interference with 12 the business expectancy because all of the acts 13 taken by the village officials in interpreting 14 the annexation agreement were reasonably directed 15 at asserting the arguably best interests of the 16 community. i 17 ALDERMAN WOLFER: Okay. 18 MAYOR PROCHASKA: Thank you. Is 19 there anyone else that would like to come forward 20 and speak? 21 (Applause) 22 MAYOR PROCHASKA: Sir. I'm sorry, 23 and then I'll get you. Sorry. 24 WHEREUPON: Depo Court Reporting Service (630) 983 -0030 66 1 DENNIS BATHWORTH, 2 testified before the Yorkville City Council as 3 follows: 4 MR. BATHWORTH: Dennis Bathworth 5 (phonetic). I'd like to say I am for the 6 annexation of the landfill. I would like to 7 thank the Mayor for bringing the dump to the 8 United City of Yorkville. 9 I and many others in this 10 community appreciate that in 30 years after most 11 of us will be dead there will be a great park 12 over the top of that dump. 13 By that time our children and 14 grandchildren will be able to enjoy that great 15 point. Higher cancer rate, general illnesses and 16 the contaminated -- okay, okay. We would also 17 like to thank the Mayor and the City Council -- 18 MAYOR PROCHASKA: You are off the 19 subject. The subject is the annexation. 20 MR. BATHWORTH: I am for the 21 annexation. You've done a good job. 22 MAYOR PROCHASKA: Then that's your 23 statement. 24 (Applause) Depo Court Reporting Service (630) 983 -0030 67 1 MS. PETERSON: Can you hear me? 2 MAYOR PROCHASKA: Yes, state your I 3 name. 4 WHEREUPON: 5 LISA PETERSON, 6 testified before the Yorkville City Council as 7 follows: 8 MS. PETERSON: My name is Lisa 9 Peterson and I live on the corner of Adrienne and 10 Wayne in Yorkville. We are fairly new residents, 11 we have only lived here about 16 months, and my 12 question is this is a public hearing for the 13 annexation. When is the vote for the annexation 14 going to occur? Do you have a specific date as 15 to when you are actually voting on it? 16 MAYOR PROCHASKA: The soonest that 17 that could be -- would be on the agenda would be 18 in two weeks. 19 MS. PETERSON: Okay. Now, so why 20 would you vote yes? I mean, I'm kind of confused 21 on this. I guess from what I've heard and from 22 what I've seen, most of the City Council members 23 are going to be voting yes to annex this property 24 into the City of Yorkville. Depo Court Reporting Service (630) 983 -0030 68 1 Is that correct? 2 MAYOR PROCHASKA: That would be what 3 the application is for, yes. 4 MS. PETERSON: Okay. Why would you 5 want that? Why would you -- Why would you want 6 that land? 7 Why do you want -- why do you I 8 want to annex it into the City of Yorkville? 9 That's my question to you. 10 MAYOR PROCHASKA: Well, first of 11 all, this is public hearing comment. We are 12 supposed to be taking public comment from you and 13 not -- I 14 UNIDENTIFIED AUDIENCE MEMBER: 15 Answer the question. 16 MAYOR PROCHASKA: I've answered the 17 question several times, and the answer is that 18 with the proposed use, it is my feeling that the 19 City is being close -- as the municipality, the 20 most affected municipality in the area, should 21 have control over the possession of that 22 property, and that was the reason for the 23 annexation that I believe, so, you know. 24 MS. PETERSON: Okay. So to annex -- Depo Court Reporting Service (630) 983 -0030 69 1 Because, I'm sorry, you'll have to forgive me, 2 but I am a little confused on this and I just 3 kind of want to clarify. 4 So if you guys vote yes to 5 annex this property in, then it's within the City 6 limits of Yorkville and then whatever future 7 things you decide -- Because who has power over 8 the land now, is it the County or -- 9 MAYOR PROCHASKA: Currently it is 10 unincorporated County, yes. 11 MS. PETERSON: Okay. 12 MAYOR PROCHASKA: That would mean it 13 would come within the City limits of Yorkville, 14 yes. 15 MS. PETERSON: And so you want to 16 annex. I guess that's my question. Or what I 17 don't understand is why would the City want 18 control over it unless they want to, you know, 19 say yes to the landfill? That's what I don't 20 understand. 21 I mean, is it -- if you want 22 control over the land so you have a say in how 23 it's used -- 24 MAYOR PROCHASKA: Right. Depo Court Reporting Service (630) 983 -0030 I 70 1 MS. PETERSON: -- then -- then I 2 mean -- i 3 MAYOR PROCHASKA: That's 4 what annexation -- What annexation does is it 5 gives the City control over it. 6 MS. PETERSON: So you want to be 7 able to control it so you can say no? My 8 residents that I represent don't want this. 9 MAYOR PROCHASKA: Okay. And again 10 you are wandering off, you cannot say yes or no, 11 it is a -- the procedure is there. 12 What happens now is if annexed 13 to the City, it would then fall under the 14 jurisdiction of the City, to answer your 15 question. 16 MS. PETERSON: So after the City I 17 votes to annex, whether or not to annex the 18 property, they're going to have more public i 19 hearings at a later time as to the public usage 20 of the land? 21 MAYOR PROCHASKA: There is a whole 22 set of public hearings, yes. 23 Before you come I'd really like 24 to have some other people speak. Is there other Depo Court Reporting Service (630) 983 -0030 I 71 1 people? Todd? I'm not sure what it is. 2 MR. MILLIRON: Let the public record 3 show there was no written annexation agreement in 4 the Council 1 -23 -2007 packet. 5 Let the record show that we the 6 public were not allowed to examine the annexation 7 agreement as it was not published for public 8 consumption on the United City of Yorkville site. 9 Let the public record show that 10 no notice of public hearing signs were posted on 11 the big North Star property prior to this 12 annexation. There were no signs out there, and 13 there should have been 15 days ago and been up 14 for 15 days. That did not happen. 15 This is a -- I was told this 16 was an annexation, Derke, it was not an advisory 17 hearing, it is an annexation, and you should be 18 complying with those requirements. 19 The public hearing for 20 annexation, Ladies and gentlemen of the Yorkville 21 Council, please do not ignore the law and please 22 do not ignore us. 23 The public notice section given 24 in the 1 -06 -2007 Kendall County Beacon News has Depo Court Reporting Service (630) 983 -0030 72 1 an error in it. That's what's in front of you, 2 John, which I have highlighted for you, and it's 3 provided there, as it indicates Route 72, not 4 Route 71. I don't think it's a big issue, but I 5 want to point it out. 6 There really seems to be an 7 arrogance of power within this current elected 8 executive administration and a blatant disregard I 9 for common practices that are part of the law. 10 Why is Fox Moraine any 11 different than Kendall Marketplace property 12 owners? You literally dared them to sue the City 13 and-they took you up on that, to cross the line 14 in the sand that you, the City Council, drew. 15 Now you are scrambling to keep that deal together 16 and not lose Kohl's. i I 17 Yes, when Fox Moraine 18 threatened to sue in October, you as a City 19 Council folded like a lawn chair. 20 What is the difference? One 21 project the public as a whole wants and you 22 screwed it up, and the other collectively we as a 23 people do not want, yet you tell us it's about 24 control. Depo Court Reporting Service (630) 983 -0030 73 1 Who is in control and are you - 2 looking out for our best interests? Today I 3 think not. 4 (Applause) 5 MAYOR PROCHASKA: All right. Is I 6 there anyone else? 7 MR. MILLIRON: I'm not -- I'm not 8 done, Art. 9 MAYOR PROCHASKA: Well -- 10 MR. MILLIRON: Let's talk about 11 control. There's a paper there in front of you. 12 It's a newspaper. I want you guys to open that i 13 up and turn to the very middle section. 14 Would you do that for me, Art, 15 please? 16 MAYOR PROCHASKA: What would you 17 like me to do? 18 MR. MILLIRON: There is a newspaper i 19 there. 20 MAYOR PROCHASKA: This is a public 21 hearing. You are supposed to be giving 22 comment -- 23 MR. MILLIRON: I am giving comment. 24 MAYOR PROCHASKA: Then tell me what Depo Court Reporting Service (630) 983 -0030 74 1 it says. Tell me what it is. 2 MR. MILLIRON: Open it up. There is 3 nothing in there but a bunch of pictures. I want 4 you to see them. 1 5 MAYOR PROCHASKA: You know, this 6 is -- This is how things end up not happening 7 correctly. 8 MR. MILLIRON: All right. That 9 Kendall County Record newspaper is the 10 county -wide section from the 9 -28 issue. That 11 was the issue that just came out two days after 12 your annexation vote of 9 -26. 13 I want you to look at the very 14 middle page, and what you'll see is a bunch of 15 pictures that were taken at the Kendall County 16 Republican Candidate Support Fundraising Event 17 where Jill Ferko, our county treasurer, was 18 presented with a $10,000 check to eliminate her 19 four -year campaign debt. 20 Please note the date on the 21 right page as it is circled. It is I 22 September 16th, 2006, just nine days after the 23 first public notice was given on 9 -07 -2006 to 24 annex for the 19 -day slash four property slash Depo Court Reporting Service (630) 983 -0030 75 1 backroom landfill scheme to capture Sleepy Hollow 2 Road and give it to Fox Moraine. 3 What is in the new annexation 4 agreement that we can't look at? Are you giving 5 away Sleepy Hollow Road again? 6 Now, I'd like to draw your 7 attention to the bottom part of the left -hand 8 page. There is a box that is on the bottom on 9 the left side in red. Please remember the date 10 again is 9 -16 -2007. It was a Saturday afternoon. 11 It was Saturday afternoon and you voted to annex 12 the big North Star property just ten days later. 13 Please remember, your mayor, 14 you were the tie - breaking vote that forced the 15 big North Star annexation through so Sleepy 16 Hollow Road could be captured and again given to J 17 Fox Moraine for free. 18 Now, who do we see in that 19 picture? Look closely. One gentleman has his 20 arm around the other. Art, do you recognize 21 yourself in that picture? You look pretty cozy 22 with the gentleman that has his arm around you. 23 Could that gentleman be Don Hamman? 24 Please note, you can see both Depo Court Reporting Service (630) 983 -0030 76 1 our Mayor's hands in the picture, but only one of 2 Mr. Hamman. I am wondering where Mr. Hamman's 3 other hand is, and you on the City Council � 4 should, too. 5 MAYOR PROCHASKA: What does that 6 have to do with the annexation? 7 (Laughter) 8 MR. MILLIRON: A lot. This picture 9 should really make you wonder, City Council 10 members. 11 Art, you told us at the 12 9 -25 -2006 Plan Commission meeting that this was 13 only an annexation when you very well knew about 14 Section 15 of the City Assistance Clause with the 15 big North Star annexation agreement. 16 You lied to us that night, and 17 there were 200 people in that room to witness it i 18 besides myself. 19 There appears to be a blatant 20 disregard for what we the people want, and I am 21 asking you again, City Council, please do not 22 ignore us again tonight. 23 You as a City Council have a 24 collective power to override the manipulation Depo Court Reporting Service (630) 983 -0030 77 1 that has been used to influence your vote the 2 first time around. You now have a second chance. 3 Let's make it right. 4 If this petitioner wants to do 5 business with the City, then let him do it with 6 the normal business parameters that everyone else 7 has to abide by when dealing with the City of I 8 Yorkville. No preferential treatment needs to be 9 given to Fox Moraine and North Star Trust. 10 If you decide to leave Fox 11 Moraine in the County now, then they will have 12 time to do their annexation properly. There is 13 no danger of them going to the County as the 14 County is going to take the Kendall County Land 15 and Cattle Landfill siting application on 16 February 5th. 17 Once that application comes in, 18 no others can be filed until the County Board 19 makes a decision. 20 If you're going to go ahead and 21 do this anyway and let -- and make the biggest 22 decision in the City's history that has ever been I 23 made, then let's get it right and let's not do it 24 in a rush to get Fox Moraine to the landfill Depo Court Reporting Service (630) 983 -0030 78 1 finish line first. 2 Fox Moraine can wait. You can 3 do this deal in the light of day on a normal city 4 business schedule where the citizens will know 5 what is properly going on, not trying to sneak it 6 by us like you already tried and failed to do 7 once. 8 (Applause) 9 MAYOR PROCHASKA: (inaudible) so 10 that no one gets any pictures of me with -- I 11 wouldn't want to have a picture next to you or 12 anything either I guess, so, you know, if 13 you notice, there is also two County Board i 14 representatives standing in that picture also, it 15 was a group, and I'm sure there is other 16 pictures, but that's fine. t 1 17 ALDERMAN JAMES: We've warned you 18 many times, just be careful with the things that 19 you say, the slanderous remarks, because those 20 could come back and haunt you, and it's -- just 21 once again I just want to remind you that there 22 are things that are said up here that are 23 slanderous remarks that you made, you know, that 24 I think just might come back to haunt you. Depo Court Reporting Service (630) 983 -0030 79 1 MAYOR PROCHASKA: All right. Ma'am, 2 if you would like to speak on the annexation, 3 please do. 4 WHEREUPON: 5 PATRICIA CORCORAN, 6 testified before the Yorkville City Council as 7 follows: 8 MS. CORCORAN: Yes. My name is 9 Patricia Corcoran and I have lived for about four 10 years. I am originally from Chicago. I lived 11 in Naperville. 12 MAYOR PROCHASKA: Speak into the 13 microphone, ma'am. 14 MS. CORCORAN: I'm sorry. I am 15 originally from Chicago. I've lived in Chicago. 16 We've had some landfills in Chicago as well. 17 I've moved out here. 18 I do like Yorkville. I can't 19 understand how you would bring a landfill out to 20 this location, number on. 21 It's not -- I am not talking 22 about anything, I am talking about the 23 annexation. 24 MAYOR PROCHASKA: Okay. Depo Court Reporting Service (630) 983 -0030 80 1 MS. CORCORAN: From what I've read, 2 it's been improperly conducted. That's for you 3 to decide. 4 But you as elected officials 5 should really back up the residents that are in 6 this room right now. 7 I cannot believe -- First of 8 all, no one should be emotional about it, but I 9 think there is a lot of emotion going on in the 10 City. 11 But I cannot believe as elected i 12 officials that you will sit by and let this occur i 13 because -- just because of big money, increased 14 revenue, and I am not talking about that, but I 15 understand the motives for why we bring a 16 landfill. 17 MAYOR PROCHASKA: Well, but it's the 18 annexation. 19 MS. CORCORAN: It is the annexation, 20 correct. It was improperly done and that's for 21 litigation. I mean, I think that that's where 22 this has to go because obviously no one is 23 listening. No one is mediating. 24 We have an attorney for the Depo Court Reporting Service (630) 983 -0030 81 1 City of Yorkville who obviously is on the side of 2 the Fox Moraine Landfill, and it's unfortunate. 3 MAYOR PROCHASKA: That's -- 4 MS. CORCORAN: And I moved out here 5 thinking it was a very nice community, but if you 6 have -- if we are allowing annexation just to 7 happen in 17 days without anyone just identifying 8 truly the proper process, it's incredulous and i 9 it's egregious, and I cannot believe that any of 10 you would allow this to go through. 11 If you did it properly and you i 12 allowed, you know, for the people to move out 13 from the City of Chicago -- because I think the 14 potential growth from Chicago out here is 15 tremendous, but I think what has to happen is 16 that more press has to be given in the City of 17 Chicago -- First of all, Chicago wants to dump 18 their waste on us, but I think that some things 19 have to happen so that we go and take all this 20 information back to the city. 21 I work in the city, so I will 22 talk this up as much as I can, because if you 23 allow this to go on, this is ridiculous. You 24 have multiple land sites. Depo Court Reporting Service (630) 983 -0030 82 1 How many more landfills can we 2 have? 3 MAYOR PROCHASKA: Again, we are 4 talking about the annexation -- 5 MS. CORCORAN: And I understand 6 that. 7 MAYOR PROCHASKA: -- of this 8 particular property. Okay. 9 MS. CORCORAN: And I understand. So 10 from this point on, I will do everything in my 11 power to not have a landfill in Yorkville. I 12 (Applause) 13 MAYOR PROCHASKA: Okay. 14 WHEREUPON: 15 AL HALLIN, 16 testified before the Yorkville City Council as 17 follows: 18 MR. HALLIN: My name is Al Hallin, 19 H- A- L- L -I -N. I live in River's Edge. You want 20 to keep this short, I would invite all my I 21 neighbors and friends here to come down and be 22 real short and say, "We are against the 23 annexation." Please come down and say the same 24 thing. Depo Court Reporting Service (630) 983 -0030 83 1 (Applause) 2 MAYOR PROCHASKA: Thank you. Ma'am. 3 WHEREUPON: I 4 JANICE POOLE, r 5 testified before the Yorkville City Council as 6 follows: 7 MS. POOLE: Hi, Council, Mayor. My 8 name is Janice Poole. I am a member of River's 9 Edge subdivision, and I want to talk about Sleepy 10 Hollow Road as it concerns the annexation. 11 Why was that road so important, 12 does everybody know? Does everybody know why 13 that road was so important? 14 THE AUDIENCE: No. 15 MS. POOLE: Because there is a 16 tributary called Hollenbeck Creek that runs under 17 that road, and if that road is not given to them, 18 they can't put a dump on it. 19 That tributary has to be moved, 20 and there was a public notice going out which 21 ends this week to review that by the Army Corps I 22 of Engineers and the IEPA. i 23 I've been working with my 24 husband to try to get people to send in letters Depo Court Reporting Service (630) 983 -0030 84 1 to have a public hearing on that because they 2 plan on moving that tributary to the south -- or 3 is it the south end of their property? I 4 I worry about the future of the 5 Fox River because that tributary empties into 6 Hollenbeck Creek -- empties into the Fox River. 7 MAYOR PROCHASKA: Okay. We are back 8 again -- You need to stay on the annexation 9 again. 10 MS. POOLE: Well, you attached the 11 road to the annexation. 12 MAYOR PROCHASKA: That's the 13 agreement, but not the actual annexation, which 14 is what we are speaking -- and actually there 15 will be a public hearing on Sleepy Hollow Road 16 coming up, so it will be discussed then. 17 MS. POOLE: Okay. Thank you. 18 MAYOR PROCHASKA: Someone other than 19 Mr. Gilcrest? Yes, sir. 20 WHEREUPON: 21 DARREL BROWN, 22 testified before the Yorkville City Council as 23 follows: i 24 MR. BROWN: My name is Darrell Brown Depo Court Reporting Service (630) 983 -0030 85 1 and I live on Highpoint Road, and what I'm 2 concerned about is when you annex something to 3 the City, it then becomes urban. 4 Is that the intent for the 5 people who are requesting the annexation, that it 6 be urban property? 7 Can I have an answer on that? 8 MAYOR PROCHASKA: Actually the 9 annexation is to remain -- the zoning is 10 agricultural, A -1. A -1. 11 MR. HIKE: A -1, but when it comes 12 into the municipality, it's not an urban -- 13 MAYOR PROCHASKA: The City of 14 Yorkville does have agricultural zoning. We have 15 several properties that are annexed into the City 16 zoned A -1. 17 MR. HIKE: Okay. Thank you. 18 MAYOR PROCHASKA: Mr. Gilmour? 19 WHEREUPON: 20 TOM GILMOUR, 21 testified before the Yorkville City Council as 22 follows: 23 MR. GILMOUR: My name is Tom 24 Gilmour, former City resident, 22 years, Depo Court Reporting Service (630) 983 -0030 86 1 currently county resident for six and a half 2 years. 3 My comment as far as the 4 annexation goes is the perspective that the City 5 of Yorkville has in general not just with this 6 landfill, but in particular this landfill. 7 You people have no compassion 8 for the residents who live in the area or how 9 it's going to impact them. It's like manifest 10 destiny that whatever the City wants, it should 11 have. i 12 The County also has a i 13 Comprehensive Plan, and I think there's been no i 14 consideration for the County in general on this i 15 issue as far as oversight -- and I didn't bring 16 this topic up, you did, Your Honor -- as far as 17 the City having better oversight and control over 18 the landfill, well, that's obviously not the 19 facts comparing the two host agreements. They've 20 already had some band -aids put on this agreement. 21 MAYOR PROCHASKA: Okay. Stay on the 22 annexation, sir. 23 MR. GILMOUR: Okay. And on the i 24 annexation, you made a comment of how Yorkville I Depo Court Reporting Service (630) 983 -0030 I 87 1 would be most impacted by the landfill. 2 Millbrook is two miles away. I 3 beg to differ. No. They will be more impacted 4 than the City of Yorkville will be. 5 I think if you want to have 6 good neighbors, my motto has always been be a 7 good neighbor, and I don't think the City of I 8 Yorkville is acting like a good neighbor to the 9 community at large in any direction. 10 MAYOR PROCHASKA: Thank you. 11 (Applause) 12 MAYOR PROCHASKA: If there is I 13 someone else? Sir. j 14 WHEREUPON: 15 SCOTT HARTMAN, 16 testified before the Yorkville City Council as I 17 follows: 18 MR. HARTMAN: Scott Hartman. I am a 19 resident of the Raintree Village subdivision. 20 Quick question. What's the 21 current use of that parcel right now? What are 22 they using it for right now? Is that being 23 used -- 24 MAYOR PROCHASKA: It's got Depo Court Reporting Service (630) 983 -0030 88 1 agricultural zoning in the county. 2 MR. HARTMAN: Is it being used for 3 yard waste? Is that a yard waste dump currently? 4 MAYOR PROCHASKA: On a portion. 5 THE AUDIENCE: Yes. 6 MAYOR PROCHASKA: On a portion of 7 that property I believe. 8 MR. PETERSON: I just wanted to have 9 a clear understanding that I had the right parcel 10 in mind here because I've driven by there several 11 times. 12 The annexation that you are 13 presenting right now is for A -1. I'm assuming i 14 that A -1 is appropriate zoning for a landfill 15 dump currently -- I mean, a yard waste dump 16 currently; is that correct? i 17 MAYOR PROCHASKA: The way the -- 18 Well, the way the state law now deals with state 19 waste is that it's sited, and once it's sited, it 20 supercedes as far as I know zoning because that's 21 one of the issues that we have right now of the 22 application, regardless of what the zoning is 23 they can still apply, so that's a good question. 24 MR. HARTMAN: Okay. So under its Depo Court Reporting Service (630) 983 -0030 89 1 current usage, what kind of usage can that 2 property have going forward into the future? Can 3 it become R -1? 4 MAYOR PROCHASKA: If it was to 5 change zoning, it would have to come back before 6 City Council and they'd have to go through the 7 process of rezoning public hearings and such 8 before that would happen. 9 MR. HARTMAN: No, my question is can 10 you take an existing yard waste dump and turn it 11 into R -1 zoning past -- post this annexation? 12 I'm trying to look at what 13 other types of uses this property can have. 14 MAYOR PROCHASKA: Are you asking 15 physically can you do it or can it be done 16 legally? 17 MR. HARTMAN: Legally and 18 environmentally. 19 MAYOR PROCHASKA: Well, legally they i 20 can ask for the zoning. As far as 21 environmentally, I guess that would be up to the 22 environmentalist that would let us know whether 23 that property could be used for that. 24 ALDERMAN WOLFER: I just want to i Depo Court Reporting Service (630) 983 -0030 90 1 clear it up a little bit. It's the land owner 2 who would apply for whatever he's applying for. 3 If he is applying for something that requires an 4 R -1, he would have to come and approach us. We 5 cannot go to him and tell him what he must have. 6 MR. HARTMAN: Well, I thought that 7 was the purpose of annexing the property, so we 8 would have control of future use of this 9 property. Is that correct? 10 MAYOR PROCHASKA: Correct. And if 11 he wants -- if he wants anything else, he would 12 have to request it from the City. 13 MR. HARTMAN: And you don't have to 14 honor his request; is that correct? 15 MAYOR PROCHASKA: The City never has 16 to give any specific zoning, no. 17 MR. HARTMAN: Okay. What is the 18 zoning requirement to become a landfill if you 19 currently are an A -1 zoning? 20 MAYOR PROCHASKA: I just said that. 21 By state statute, the statute, the application 22 supercedes all zoning, so it could be in any 23 zoning. 24 MR. HARTMAN: Okay. All right. If Depo Court Reporting Service (630) 983 -0030 91 1 you really want -- if you really do annex this 2 property as A -1 and you really want to control 3 it, the first thing I think the City should do is 4 force the owner to clean up the existing mess. 5 It's an eyesore and it's a 6 stench and it's not beneficial for Kendall County 7 as it is at this point in time. It definitely 8 will not be any benefit to this entire community 9 in the future as a 500 -foot dump. 10 MAYOR PROCHASKA: Thank you. 11 MR. HARTMAN: Thank you. 12 (Applause) 13 MAYOR PROCHASKA: Is there someone 14 else? 15 WHEREUPON: 16 GLEN POOLE, 17 testified before the Yorkville City Council as 18 follows: 19 MR. POOLE: My name is Glen Poole 20 and I am a resident of Yorkville in the River's 21 Edge subdivision. 22 And the driving force here -- 23 I'll make my comment first, my comment is I am 24 against the annexation and the vacation of Sleepy Depo Court Reporting Service (630) 983 -0030 92 1 Hollow Road, and I've been going to a lot of 2 these meetings over the last four or five months, 3 not all of them, so I have missed some, but the i 4 driving force, you know, I am hearing from the 5 City Councilmen and you, sir, as our Mayor, is 6 you want control over this, and I believe, unless 7 my memory is wrong, our Council lawyer here, 8 Mr. Derke, at one of the meetings prior to this a i I 9 month or so ago said, you know, if there is 10 violations, we go to the City, the City, if they 11 don't take care of it, we have to get our own i 12 lawyer to take care of debris flying out of 13 trucks, whether they bring it in by rail flying j 14 out. I believe that was -- 15 MAYOR PROCHASKA: We're -- Well, 16 that's off the point of the annexation. Stay on 17 the annexation. 18 MR. POOLE: Okay. But the whole 19 driving force of the annexation that I am hearing 20 is control, and in all honestly, I don't believe 21 even Mr. Hamman can control that landfill if it's 22 put in place 24x7, 365 days a year. I don't 23 believe any of us can control what goes on in 24 that landfill, so I am dead against it. Depo Court Reporting Service (630) 983 -0030 93 1 MAYOR PROCHASKA: But we've got to 2 stay on the annexation because we are getting off 3 the subject. 4 MR. HARTMAN: Yes, sir. Okay. I 5 disagree with that, and Dean is a resident in 6 River's Edge, and this past Saturday, if I can 7 speak for my subdivision, a majority of the 8 people, I went to the homeowners in the morning, 9 in the back half of the subdivision, I talked to 10 over 90 people, and I didn't get one person that 11 said they wanted the annexation. Thank you. 12 MAYOR PROCHASKA: Thank you. Ma'am. 13 You didn't want to speak? Okay. Is there -- i 14 yes, ma'am. j 15 WHEREUPON: 16 MARY KRASNER, 17 testified before the Yorkville City Council as 18 follows: 19 MS. KRASNER: My name is Mary i 20 Krasner. Art, you are limiting this to the 21 annexation. How is an annexation enacted within 22 the City? Is there typically an annexation 23 agreement that goes with the ordinance? 24 MAYOR PROCHASKA: The annexation Depo Court Reporting Service (630) 983 -0030 94 1 agreement, yes, it was -- that was voted on back 2 in September. 3 MS. KRASNER: At the same time as 4 the ordinance annexing the property? 5 MAYOR PROCHASKA: Correct. 6 MS. KRASNER: At the meeting in 7 September. Do you have an annexation agreement 8 available this evening to be reviewed in relation 9 to the petition? 10 MAYOR PROCHASKA: I do not have it 11 with me right here, no. 12 MS. KRASNER: Okay. In the earlier 13 public hearing -- 14 MAYOR PROCHASKA: We can get it. 15 MS. KRASNER: Well, we did try last 16 time and we finally received one very much later. 17 We weren't able to get one the evening of the 18 annexation at the public hearing or subsequently 19 probably for a couple of months. 20 My question is you are saying 21 tonight that this is just about the annexation, 22 bringing it in as A -l. 23 The last time there was a i 24 public hearing you said it was not about a Depo Court Reporting Service (630) 983 -0030 95 1 landfill, it was only about bringing the property 2 in as A -1 zoning. I 3 However, your annexation 4 agreement has a specific provision on City 5 assistance which says the City agrees to I 6 cooperate and provide any reasonable assistance 7 requested by an owner in applying for and 8 obtaining any and all approvals or permits 9 necessary for the development of the subject 10 property, including, but not limited to, then 11 there is a number of governmental bodies. I 12 The City further agrees to 13 reasonably cooperate with the owner in obtaining 14 all permits and approvals required by the County 15 of Kendall and all governmental units in 16 connection with the eventual development of the 17 subject property. 18 MAYOR PROCHASKA: And I believe -- 19 MS. KRASNER: And then it says the 20 owner contemplates the establishment of a 21 landfill on the subject property and, therefore, 22 the City agrees to adopt and keep in effect a 23 Host City Agreement for the subject property. i 24 City shall adopt any required Depo Court Reporting Service (630) 983 -0030 i 96 1 ordinances to cause a vacation of that portion of 2 Sleepy Hollow as follows. 3 So that was in your annexation 4 agreement before, and my question is this. 5 MAYOR PROCHASKA: Okay. 6 MS. KRASNER: Last time you said -- 7 and a number of alderpeople said -- we're not 8 talking about the landfill, all we're talking 9 about is bringing this property in on zoning as 10 A -1, but, in fact, you already had negotiated an 11 annexation agreement specifically -- in which you I 12 specifically say you would work with them to get 13 a landfill and which you specifically agree to 14 vacate Sleepy Hollow Road. 15 MAYOR PROCHASKA: That's the issue. 16 That was in there, yes. 17 (Applause) I 18 MAYOR PROCHASKA: However, if I may 19 answer your question, the first part? 20 MS. KRASNER: Is there a similar 21 provision in your present annexation agreement, 22 and, if not, why would you like an agreement like 23 that if you weren't agreeing to bring in a 24 landfill? �I Depo Court Reporting Service (630) 983 -0030 97 1 MAYOR PROCHASKA: The very first 2 part of the annexation agreement is common in 3 annexation agreements. I believe you will find 4 that in a number of annexation agreements where 5 we talk about working to get easements, and it 6 may be stated differently here and there, but it 7 is basically the idea of working on getting the 8 right -of -ways, working with the groups, the EPA, 9 all of those things. 10 The subdivision that you are 11 doing has very similar language in there also. 12 At the very -- at the end of that statement, they 13 did say that they are contemplating the landfill, 14 and -- but again, that first part is for any 15 development that would happen on that property, 16 as would be any other -- any other property that l 17 would come into the City. 18 MS. KRASNER: That's true, but 19 typically the next sentence doesn't specifically 20 state that the owner contemplates the 21 establishment of a landfill on the subject 22 property. 23 MAYOR PROCHASKA: Okay. 24 MS. KRASNER: And the question again Depo Court Reporting Service (630) 983 -0030 98 1 is that evening at the public hearing you were 2 saying we're not talking about a landfill, we're 3 not contemplating a landfill, we're not 4 suggesting a landfill, we are only talking about 5 A -1 zoning. 6 That's somewhat we are being 7 told again tonight, but your annexation agreement 8 had something different. 9 MAYOR PROCHASKA: What was stated 10 was that the meeting was for the purpose of 11 annexation. There was no -- At that point in i 12 time and tonight, there is no approval of any 13 landfill. This is not. 14 Yes, they have indicated their 15 proposed use of the property, but it does not -- ( 16 that annexation agreement does not give any 17 approval to that use at all. 18 MS. KRASNER: It says the City 19 agrees to adopt and keep in effect a host city I 20 agreement for the subject property. 21 MAYOR PROCHASKA: A host agreement 22 in the event that that should happen, that is 23 different, yes. But that is not -- that still is 24 not an approval of a landfill. It was about the I I Depo Court Reporting Service (630) 983 -0030 99 1 annexing of that property. 2 And if we had not said 3 anything -- and again, we are back to the talk 4 about annexation -- if nothing had been said and 5 everybody knew it was there anyway, then to me 6 there was -- if it wasn't said, it would be an 7 issue; if it was said, it would be an issue. 8 We erred on I guess if you will I 9 on the side of saying make sure that it is -- I 10 people are aware that this is what the owners are 11 contemplating, but that agreement is for the 12 annexation of that property. 13 MS. KRASNER: What we have been told 14 by alderpeople in talking to them is that they 15 feel obligated -- because you agreed 16 contractually in the annexation agreement to . l 17 execute a Host City Agreement, that they felt 18 obligated that you had to go forward with the 19 Host City Agreement and the landfill, so I am 20 just making comment -- 21 MAYOR PROCHASKA: Well, I don't -- I 22 don't see that, that's not part of that at all. 23 MS. KRASNER: It's not just 24 zoning -- it's not just an issue of bringing this Depo Court Reporting Service (630) 983 -0030 100 1 in under A -1 zoning, you are entering into 2 separate agreements, and at the same evening, the 3 same evening as you executed that annexation 4 agreement, you executed the host agreement -- 5 MAYOR PROCHASKA: The host city 6 agreement, correct. 7 MS. KRASNER: -- which had a lot of 8 very specific terms, and I think everyone should 9 be advised of that because last time I left 10 thinking okay, this is still an open issue and we 11 haven't seen an annexation agreement, they really 12 are just talking about bringing it in as A -1 13 possibly, but, in fact, you had already 14 negotiated other terms. 15 MAYOR PROCHASKA: There is 16 nothing -- 17 MS. KRASNER: Is there a provision 18 like that in this new agreement? 19 MAYOR PROCHASKA: It is the same 20 agreement. 21 MS. KRASNER: It is the same. That 22 was my question. Thank you. 23 (Applause) 24 MAYOR PROCHASKA: Okay. Thank you. Depo Court Reporting Service (630) 983 -0030 101 1 Is there someone else? 2 WHEREUPON: 3 RICH JEFFERS, 4 testified before the Yorkville City Council as 5 follows: 6 MR. JEFFERS: Hi. My name is Rick 7 Jeffers. I am also in River's Edge. Am I 8 correct in my understanding that a landfill can 9 only exist within City limits, is that a -- 10 MR. WYETH: County. 11 MAYOR PROCHASKA: Actually the 12 County ordinance is the opposite, but that's -- 13 again, that's beyond tonight's annexation. 14 MR. JEFFERS: Well, you keep saying 15 that, but I mean -- and you've been through this 16 process once. I am a very new resident, been 17 here a couple months, and as I understand it this 18 process has taken place once and because of the 19 Newark Library District we have to have another 20 set of hearings. Is that correct? 21 MAYOR PROCHASKA: There will be a 22 whole set of hearings based on the application. 23 MR. JEFFERS: Right. But we've been 24 through this once, right, as far as having Depo Court Reporting Service (630) 983 -0030 102 1 hearings on the annexation? 2 MAYOR PROCHASKA: There was, yes. 3 This is actually voluntary by the Council for 4 this particular hearing. It's a voluntary 5 affair. 6 MR. JEFFERS: Good thing to do. I 7 thought that it can only exist within the City 8 limits, a landfill, so I'm -- so if the land is 9 not annexed by the City, then the landfill could 10 still be established; is that correct? 11 MAYOR PROCHASKA: Yes. Yes, sir. 12 MR. JEFFERS: And the County would 13 just -- the revenues would go to the County as 14 opposed to the City as far as the taxes? 15 MAYOR PROCHASKA: Well, there is a 16 number of things. If it is not annexed into the 17 City, then all jurisdiction falls to the County. 18 MR. JEFFERS: I understand. Okay. 19 And I know you keep saying this is only about the 20 annexation -- 21 MAYOR PROCHASKA: Correct. I 22 MR. JEFFERS: -- but because of what 23 has happened previous to this the cat's out of 24 the bag that -- Depo Court Reporting Service (630) 983 -0030 103 1 MAYOR PROCHASKA: Absolutely, okay. 2 MR. JEFFERS: -- the intent for that 3 property is for a landfill. 4 MAYOR PROCHASKA: The application 5 has been filed, correct. 6 MR. JEFFERS: So it's very difficult 7 to separate the two, and all the neighbors that 8 I've spoken to, we would urge you not to annex 9 this property because as I understand it the 10 County has their sights somewhere else for a 11 landfill and if not -- if blocking annexation to 12 that property means we don't get a landfill, then 13 we urge you to not annex that property. 14 MAYOR PROCHASKA: Okay. Well -- and 15 just so -- For the people who said I've never 16 heard that in a meeting, here it is. I just 17 heard it here tonight. 18 ALDERMAN WOLFER: I have a question, 19 and cut me off if I am stepping across the line, 20 but you're saying that if we don't -- that this 21 is being applied for by an individual, he can 22 apply to the City, he can apply to the County, he 23 can apply anywhere he wants to. 24 MR. JEFFERS: I understand that. Depo Court Reporting Service (630) 983 -0030 104 1 MAYOR PROCHASKA: If we do not do 2 this annexation, he can still apply to the 3 County. The County can have more than one 4 landfill. j 5 MR. JEFFERS: And I understand that 6 as well. I would think -- 7 ALDERMAN WOLFER: So there is no 8 guarantee that it wouldn't be there. 9 MR. JEFFERS: Right, but if I was 10 placing my bets, I would bet it wouldn't happen 11 if the City does not annex it, so, therefore, I 12 am urging you not to vote for the annexation. 13 Thank you. 14 (Applause) 15 MAYOR PROCHASKA: Thank you. Is 16 there someone else that would like to speak on 17 the annexation? Yes, ma'am. 18 WHEREUPON: 19 JUDY GILMOUR, 20 testified before the Yorkville City Council as 21 follows: i 22 MS. GILMOUR: Judy Gilmour. I 23 wanted to talk about something that I read in the 24 Beacon News this week. There was a comment that Depo Court Reporting Service (630) 983 -0030 i 105 1 said the attorneys hired by the City have advised 2 the aldermen to sign off on the land and road 3 deals a second time. 4 Attorney Derke Price goes on to 5 say in that same article that the prudent thing 6 is to stay the course. 7 Why is he asking you to stay on I 8 a course that is flawed and has led to so many 9 problems? 10 I would like to know what 11 course he you wants you to stay on. The course 12 that you have been advised to follow by these 13 attorneys has not been met with public approval 14 and it has only led to legal mishaps. i 15 You've been advised the things 16 you have done are against Illinois State Statutes 17 and that you are not following proper procedure. 18 The Illinois Attorney General's office had said 19 it will be investigating. 20 Shouldn't this be sending up 21 red flags that something is amiss? 22 The entire annexation process i 23 itself, including the annexation agreement, is 24 questionable. Depo Court Reporting Service (630) 983 -0030 106 1 When you are told to stay the 2 course, you are following a route that will 3 eventually lead you into the courts where matters 4 will finally be decided. 5 Will it take a court order from 6 a judge to force the City to follow the proper 7 procedures and follow the law? 8 The people of this community 9 expect their public elected officials to do the 10 right thing. Soon you will have a second chance 11 to vote in the matter of annexation to bring the 12 landfill into the City and whether or not to I 13 vacate Sleepy Road -- Sleepy Hollow Road. 14 The people that you see here in 15 this meeting tonight are putting their trust in 16 you not to be intimidated by the words of these J 17 attorneys who tell you to stay the course. 18 Yes, there will no doubt be 19 lawsuits and legal challenges, but if you do the 20 right thing for the people of this town, you will 21 have nothing to fear. 22 (Applause) 23 MAYOR PROCHASKA: Okay. Is there 24 someone else? We are -- There is another public Depo Court Reporting Service (630) 983 -0030 107 1 hearing to follow for the actual Sleepy Hollow 2 Road, so that's a separate one that we will be 3 addressing here shortly, so if there is any more 4 comments on this annexation -- yes, ma'am. 5 WHEREUPON: 6 LYNN TRIBETOF, 7 testified before the Yorkville City Council as 8 follows: 9 MS. TRIBETOF: Good evening, 10 Mr. Mayor, and all the aldermen. My name is Lynn 11 Tribetof (phonetic). I am a new citizen here 12 about a year old and I am -- I am from a 13 communist country in Viet Nam and so my English I 14 is very limited, so please bear with me. I'm 15 going to be very short. 16 I don't know if the issue is 17 being discussed, but I realize this. Look at all 18 the people here, of their concern of the 19 well -being of the future of our children of the 20 community and of you too, of your familiar, too, 21 Mr. Mayor, so please in my country in communist 22 Viet Nam, the leaders doesn't listen to the 23 people. They don't. They do whatever to control 24 the power. This is eager and hunger for power Depo Court Reporting Service (630) 983 -0030 108 1 regardless of the consequences, and the -- the 2 consequences are the people, so please I would 3 like to see my leader and the leader of my 4 children, of my neighbors, of my friends, listen 5 to their voice, because they vote you, so please 6 I am asking you to disapprove of whatever people 7 who are placing you disapprove of the annexation 8 vacation. 9 Thank you. 10 (Applause) 11 MAYOR PROCHASKA: Thank you. Ma'am. 12 WHEREUPON: 13 PATRICIA GILSON, 14 testified before the Yorkville City Council as 15 follows: 16 MS. GILSON: My name is Patricia 17 Gilson and I am, too, a resident of River's Edge. 18 I consider myself a simple person. I am a 19 housewife for 34 years, I've raised three 20 children. 21 I consider myself a newcomer to 22 Yorkville in that I have lived only here for four 23 years, but I am certainly not unaware and 24 unfamiliar with Yorkville. It was there that I Depo Court Reporting Service (630) 983 -0030 109 1 had the dealings with many of the people of 2 Yorkville through the kid's clubs. I remember 3 how impressed I was with the Countryside -- 4 country -like setting and the strong community 5 spirit. The people were unbelievably bound 6 together. It was -- It was always an amazing 7 thing to me. 8 But now after this first 9 annexation there is a huge cut in this community 10 and it is bleeding and it is bleeding very bad 11 blood. It is bleeding lies, deceptions, rumors, 12 all sorts of things. 13 I have always told my children 14 that if I have found out that they were lying to 15 me, the punishment would be three times worse 16 than it was if they told me the truth. 17 I taught my children that when 18 they did something wrong they should stand tall, 19 take their licks, and do whatever they could to 20 right the wrong. I I 21 Your Honor and Councilmen, you 22 have done wrong and your community has caught 23 you. 24 You must stop the bleeding. Depo Court Reporting Service (630) 983 -0030 110 1 You must now stand tall, take your licks, and do 2 whatever it takes to make it right. 3 You can make it right by voting 4 against the annexation and the vacation of the 5 road. 6 Look around you. This is not I 7 just a handful of people as quoted. This is your i I 8 community and it's speaking to you. Listen to I 9 them. 10 (Applause) 11 MAYOR PROCHASKA: Thank you. Is 12 there anyone else who has not yet spoken that 13 would like to speak? j I 14 WHEREUPON: 15 CARLO COLOSIMO, 16 testified before the Yorkville City Council as 17 follows: 18 MR. COLOSIMO: Yes, sir. Thank you, 19 Mr. Mayor, and thank you, members of the City 20 Council, for allowing us to speak tonight. 21 My name is Carlo Colosimo and I 22 am a resident of Elizabeth Street in the First 23 Ward. I 24 You are asking today the Depo Court Reporting Service (630) 983 -0030 111 1 question -- I'm only going to talk about 2 annextion, I'm not even going to mention the L 3 word here. 4 You keep asking today why 5 should we -- why should we annex, why shouldn't 6 we annex, this is a public hearing, what's our 7 opinion. 8 I have a business here in 9 Yorkville, I live in Yorkville, but I'm also an 10 adjunct instructor at Kishwaukee Community 11 College where I teach political science, and it's 12 unfortunate that I have to give a political 13 science lecture at a City Council meeting. I 14 feel like I'm in front of my class. 15 However, the reason you need to 16 vote against the annexation is because we said 17 so. 18 We live in a republic, we don't 19 live in a democracy in the United States, and 20 when I tell -- 21 (Applause) 22 MR. COLOSIMO: And when I tell 23 people that in my classroom sometimes they look 24 at me kind of funny because they all think we Depo Court Reporting Service (630) 983 -0030 112 1 live in a democracy. 2 If we lived in a true 3 democracy, what would happen with this 4 annexation, all of us would vote. Every single 5 person would have a vote. We would vote and I 6 think the outcome would be clear. 7 But we don't live a democracy, 8 we live in a republic, and in a republic we elect 9 our representatives, and you are our 10 representatives. 11 We don't elect you to vote your 12 whim, your own personal opinions. We elect you 13 to vote the voice of the people, and the people I, 14 have clearly spoken as to the annexation. i 15 You are to vote no on this 16 annexation because we have asked you to. We are 17 your contituents, you represent us, and it's not I 18 the other way around. 19 Furthermore, let's not forget 20 that there are two votes; there is one for the 21 annexation and then there is one on April 17th. 22 How you vote for the annexation 23 will determine how we vote on April 17th in the I 24 election. Depo Court Reporting Service (630) 983 -0030 113 1 (Applause) 2 MR. COLOSIMO: Furthermore, these 3 are supposed to be public hearings where citizens 4 have the opportunity to stand up and give their 5 personal opinions as to the issue of the day, and 6 today we are talking about the annexation, and to 7 have a City Council member throw out veil threats I 8 to a citizen of this -- of this community when 9 they speak their mind is -- it's disgraceful, and 10 I would just like to say that. 11 Thank you. 12 (Applause) 13 MAYOR PROCHASKA: Is there anyone 14 else that has not yet spoken and would like to 15 speak? 16 ALDERMAN SPEARS: May I address some 17 of his statements? 18 MAYOR PROCHASKA: Pardon? i 19 ALDERMAN SPEARS: May I address some I 20 of his statements? 21 MAYOR PROCHASKA: Absolutely. 22 ALDERMAN SPEARS: First of all, 23 thank you for your statements. I realize that i I 24 you are also running for office, and I wish you a Depo Count Reporting Service (630) 983 -0030 114 1 lot of luck, but I think your reasoning for us to 2 vote against the annexation agreement based on 3 this is what the people want, I would strongly, 4 strongly, disagree that that would be the main i 5 reason. 6 My reason for voting against 7 this annexation agreement is clearly we did not 8 follow the law. 9 They performed a breach of 10 contract with this annexation agreement. They 11 also had in the original annexation agreement 12 vacation of Sleepy Hollow Road. 13 I presented everybody with the 14 state statute indicating that that could not be 15 in that document. 16 We received a letter from the 17 attorney, the petitioner's attorney, stating that 18 it was a notice of material breach of annexation i 19 agreement with North Star Trust Company. 20 We were also told that we could 21 be sued, the City could be sued, for breach of 22 contract. 23 My comments and my response i 24 last week -- and I'll repeat the same comments -- Depo Court Reporting Service (630) 983 -0030 115 1 we received another letter from Attorney 2 Philipchuck indicating that he'd like to have 3 this -- place this attached new petition for 4 annexation on the agenda. 5 My comments at that time was I 6 wanted public hearing, I wanted library 7 representatives to be present, I wanted to hear 8 their concerns. 9 I did attend another landfill 10 meeting that was hosted by Fox Moraine on 11 November 8th. The Newark Library director got up 12 and she voiced her concern, a great concern, that 13 they would lose revenue due to land being annexed i 14 to the Yorkville landfill, and that was from the 15 Library District. I have not had the opportunity I 16 to speak with her since. 17 The attorney that is up there 18 right now who is representing the petitioner from 19 Ottawa was very rude to this individual and said 20 that you probably wouldn't realize more than a 21 hundred dollars, and then he requested her 22 to bring in actual figures to him. 23 I don't know, did you ever have 24 that meeting with the librarian? Depo Court Reporting Service (630) 983 -0030 116 1 MR. MUELLER: No. (indicating). 2 ALDERMAN SPEARS: No. Okay. 3 I have many concerns. My 4 concerns are I don't think the Council should 5 even consider approving this annexation agreement 6 because it is full of legal faults, Sleepy Hollow 7 Road being one of them. That does not belong in 8 here. That is a separate issue. And I don't 9 appreciate our City being threatened with 10 liability if that were removed. 11 Also, I do have some revisions 12 that I would like our City to present to Attorney 13 Philipchuck. These are revisions to the host I 14 agreement, and this is in accordance with 15 Alderman Wolfer's inquiry to Attorney Philipchuck i 16 on January 16th during our Committee of the Whole 17 meeting, and he asked if the petitioner would 18 accept revisions to the host agreement and 19 Attorney Philipchuck indicated that yes, he would 20 take the revisions to the petitioner. 21 I'm not sure whether Alderman 22 Wolfer has submitted his revisions, but I, too, 23 have several here and I would like to officially 24 submit these and I would like to have a response De o Coup` Reporting Service 630 983 -0030 p p 9 ( I 117 1 whether these are going to be considered for the 2 host agreement, and I would also like to have 3 other -- encourage other aldermen to please 4 submit -- after reviewing the County's host 5 agreement and ours, I think that it would be very 6 important if you had any concerns or thought that 7 we could improve the agreement to submit them now 8 before this whole process begins once again 9 regarding the annexation of this property. 10 (Applause) 11 ALDERMAN WOLFER: May I answer your 12 question? I submitted mine. 13 ALDERMAN SPEARS: Okay. And I would I 14 request that all of mine get distributed to all 15 of the Counsel and I would like to request a copy 16 of yours as well since we are going to be -- J 17 MAYOR PROCHASKA: He said they were 18 submitted to the attorney, so -- 19 ALDERMAN SPEARS: Our City attorney? 20 MAYOR PROCHASKA: Yes. 21 MR. WYETH: They were submitted to 22 Attorney Price for review. 23 ALDERMAN SPEARS: Okay. And I have i 24 these here I would like to submit. Depo Court Reporting Service (630) 983 -0030 118 1 MAYOR PROCHASKA: It would be 2 submitted to our attorney. 3 ALDERMAN SPEARS: No, I believe he 4 asked Attorney Philipchuck if they would accept 5 it when he was standing up there. 6 Okay. Could we pass them on to 7 Attorney Price, please? And I would request 8 copies of all the other ones. Thank you. 9 ALDERMAN LESLIE: Mr. Mayor? 10 MAYOR PROCHASKA: Okay. Yes, sir. 11 We do need to -- 12 ALDERMAN LESLIE: Yes, I know. I 13 just want to -- I haven't seen that until tonight 14 and your comment, I didn't know that -- 15 THE AUDIENCE: I can't hear you. 16 ALDERMAN LESLIE: I'm sorry. I 17 wasn't aware of the fact that the annexation 18 agreement would be the same. It was a bit up in 19 the air. i 20 Having heard that, I just want 21 to reiterate my concern and my dismay of the 22 containment of the vacation of Sleepy Hollow Road 23 within the annexation agreement. 24 There's a bunch of you that Depo Court Reporting Service (630) 983 -0030 119 1 have been to the meetings, you've probably heard 2 it three or our times. My personal opinion, 3 given the disparity between the required votes 4 and the fact that, as Alderman Spears mentioned, 5 it's a separate ordinance and we will be 6 discussing it next, I have a real problem with 7 the fact that it's contained within the 8 annexation agreement. 9 I asked, in fact, last -- I 10 asked Mr. Philipchuck if he would remove that in 11 terms of the annexation agreement at the last 12 meeting we had -- and, Rose, you can probably 13 help me on the date, I'm sure you have it written 14 down -- to date I haven't seen that, but that was 15 a real concern of mine. 16 It was one of the measures that 17 led to a no vote in terms of the annexation on my 18 part, and to date the feeling just holds the same 19 as it has historically. 20 So just for the record, the 21 annexation agreement, correct me if I am wrong, 22 required a two - thirds vote, it also included the 23 Mayor, in fact, as spoken by the Mayor, a 24 vacation vote has a requirement of three - quarters Depo Court Reporting Service (630) 983 -0030 120 1 vote of the present aldermen, and it's a fact 2 that not only is there a likelihood or a 3 possibility of disparity, in fact, there was a 4 disparity within the vote, and that curtailed on 5 to the next item, being the vacation of the road. 6 That's the one that I was 7 personally pulled in the middle of and that's why i 8 I would like it removed from the annexation 9 agreement. 10 That's all I have to say. 11 Thank you. 12 (Applause) 13 MAYOR PROCHASKA: It seems like we 14 are starting to get more and more on the Sleepy 15 Hollow discussion and what I'd like to do is 16 finish up any last comments there would be on 17 this and then -- so we can move on to Sleepy 18 Hollow. 19 George, if you want to come 20 down, and Alderman Burd if you would like. 21 ALDERMAN BURD: Just real quickly, I 22 would like to pass out some substantiating 23 information on why the annexation agreement could 24 be seen as being breached, some legal precedent Depo Court Reporting Service (630) 983 -0030 I 121 1 supporting Alderman Spears' position and why we 2 should have the ability to renegotiate. 3 If the majority of the aldermen 4 want to stay the course and continue with this, 5 we should still look at this and try to get us a 6 better position. Pass this out. 7 (Applause) I 8 ALDERMAN BURD: I'd also like to 9 comment real quickly on I think we need to 10 consider the times that we have gotten legal 11 advice if we look over this whole situation from 12 the very beginning that was not good legal advice 13 and why we have to use our own best judgment, not 14 always just rubber stamp what our attorneys tell 15 us. I 16 I know we are paying good money 17 for this advice, but, you know, we have to use 18 some common sense here, too. 19 The people are not electing 20 these attorneys to represent them, they are 21 electing their aldermen -- 22 (Applause) 23 ALDERMAN BURD: -- and I want to say 24 on one little point, I do disagree with Alderman Depo Court Reporting Service (630) 983 -0030 122 1 Spears. 2 I do very strongly believe that 3 we are supposed to represent the people of the 4 community. Maybe it's the political science 5 background that I share with this gentleman, but 6 that's what was drummed into me, too. 7 We have to use our own common 8 sense, but we also have to listen to these people 9 because they are the ones that we were elected to I 10 serve, so I do agree with that. I 11 ALDERMAN SPEARS: I would like to 12 clarify -- 13 (Applause) 14 MAYOR PROCHASKA: Okay. 15 ALDERMAN SPEARS: May I -- May I 16 address that? I'd like to clarify something. 17 That is not what my statement -- That was not the 18 intent of my statement. 19 What I was trying to relay was i 20 when this gentleman asked that we just vote 21 against the annexation agreement solely based on 22 what these representatives are asking us to do -- 23 and I am fine with that -- however, due to the i 24 legal problems we are encountering, I think Depo Court Reporting Service (630) 983 -0030 123 1 that's justification to vote against the 2 annexation agreement. 3 While I agree with many people 4 when they are before us and what they do present 5 to us, that cannot be the basis for voting 6 against an annexation agreement, but the legal 7 problems that we encountered would be the 8 greatest, greatest asset for us and assist us in 9 voting this down. 10 (Applause) 11 MAYOR PROCHASKA: Okay. George, I i 12 think you are the last person that wants to speak 13 on this, so we can move on. i 14 MR. GILSON: Okay. Two comments. 15 First of all, Dean, you asked about legal 16 opinions. On January 17th, okay, I spoke to the 17 Illinois State's Attorney, Eric Weis, in regards 18 to this situation, and the following was in the 19 conversation I had with him. 20 He said that he agrees the City 21 has improperly annexed the property and vacated 22 the road procedurally, but he is not allowed to 23 step in. 24 If asked advice by the City, he Depo Court Reporting Service (630) 983 -0030 124 1 will tell them that he has to have everything put 2 before him and their actions to this point and he 3 will give an opinion. 4 Have you done that yet? 5 MAYOR PROCHASKA: The attorney has 6 been in contact with him, I don't -- 7 MR. WYETH: First I heard about 8 it -- please allow me to answer, thank you. I 9 did speak with Attorney Weis today and he has 10 informed me that -- before today, but I spoke to 11 him again today and he told me about his 12 conversation with you, and he is here, he can 13 speak for himself. 14 UNIDENTIFIED AUDIENCE MEMBER: 15 Please. 16 MR. WYETH: The point is there is a 17 lot of complicated issues revolving around this. 18 My course of action was to wait until tonight 19 concluded in order to gather one more time 20 everyone's comments and then be ready to inform 21 this Council what the legal ramifications are of 22 their actions. 23 On a personal note, the easiest i 24 thing for me to say would be don't annex and put Depo Court Reporting Service (630) 983 -0030 I i 125 1 this all behind, so we'd have all this behind us 2 and let the County deal with it. That would be 3 my personal preference. 4 (Applause) 5 MR. GILSON: That's what we're 6 asking. 7 MR. WYETH: Those of you that know 8 me well -- and the many, many other score of 9 people who are not here tonight who know me 10 well -- know that I will give my best, best 11 judgment. 12 (Applause) 13 MR. GILSON: Very good. 14 MR. WYETH: Jen, you know that. So 15 I can double -check that, and I do want to reach 16 out and speak with other attorneys. I would 17 welcome it. 18 UNIDENTIFIED AUDIENCE MEMBER: I 19 know that, too. 20 MR. WYETH: It will involve a legal 21 analysis what has happened, what could happen and 22 what is called a risk benefit analysis, i.e., 23 some things, while they may be popular to my 24 clients, are not the right thing to do because of Depo Court Reporting Service (630) 983 -0030 126 1 potential outcomes. All of that will go into 2 what will be a very careful and reasoned 3 analysis. 4 I will also consult with 5 Attorney Price so I can double -check that, as I 6 do often, to reach out and speak with other 7 attorneys. 8 MR. GILSON: But there is an issue 9 right there, John. Can I stop you right there? 10 MR. WYETH: No. I am not done. 11 MR. GILSON: You're going to consult 12 with Derke Price -- 13 MR. WYETH: Excuse me. The fact 14 that someone disagrees with what is any 15 attorney's opinion is well understood. 16 Attorneys aren't here to be 17 pleasers. They are here to do their best in 18 order to give the best judgment objectively, 19 unemotionally. 20 I -- As I said earlier, if -- 21 the easiest thing would be to advise this Council 22 don't vote, kick it back into the County. That 23 would be an easy thing to do. Personally, that 24 would allow me to sleep better at night. But the Depo Court Reporting Service (630) 983 -0030 127 1 fact is -- and I'm not giving any opinions 2 tonight, by the way. 3 Mr. Gilson, you know that I 4 have been the City Attorney for months now. You 5 never called me. 6 MR. GILSON: I don't need to call 7 you. I have voiced my opinions to these aldermen 8 and they should voice that to you. That's the 9 whole name of the game, isn't it? 10 MR. WYETH: My point is, if you have 11 important legal information, I'm the one you 12 should be talking to about it. 13 MR. GILSON: Mr. Wyeth, all I have 14 to do is talk to my local representatives -- 15 MR. WYETH: And I am the filter. I 16 get cases handed to me in the middle of a I 17 meeting. 18 MR. GILSON: That's your job, to 19 work through that filter, but I am not here to 20 debate that with you, okay? 21 MR. WYETH: The point is is that I I 22 am not going to render an opinion tonight. I 23 will render an opinion. I have talked to the 24 State's Attorney. I talked to the Attorney Depo Court Reporting Service (630) 983 -0030 128 1 General -- I want to correct one thing earlier. 2 The Attorney General has issued a letter saying 3 they will not weigh in on this. That was in the 4 paper last week. 5 MR. GILSON: And I'd like to comment 6 on that, too, when you are done. I read the memo 7 as well that he is talking about, I am very 8 familiar with it, and, Mr. Wyeth, if you ask the 9 right questions to the Attorney General, you will 10 get the answers to which you seek. That's all I 11 need to say about that. 12 And the other question -- The 13 other thing I want to point out is Aristotle said i 14 the only true way to put a check and balance on 15 procedural errors in a situation is for those who 16 have been directly affected by the improper 17 procedures to litigate, and by not annexing -- by 18 agreeing to annex this property and vacating this 19 road, that's what you are inviting, is that 20 litigation, and that's what we are asking you not 21 to do. 22 MAYOR PROCHASKA: Okay. All right. 23 At this point, if there is any other -- We do i 24 need to get going. The School District has asked Depo Court Reporting Service (630) 983 -0030 129 1 that we be out of here by 10:00. We have one 2 more public hearing. I 3 ALDERMAN WOLFER: I just wanted to i 4 invite the State's Attorney to come down. This 5 man is speaking for you, he says he talked to 6 you, I would like to hear what you have to say. I 7 WHEREUPON: i 8 ERIC WEIS, I 9 testified before the Yorkville City Council as 10 follows: 11 MR. WEIS: I'll be very brief. Eric 12 Weis. I am the State's Attorney for Kendall 13 County. I do live in Yorkville, 455 East 14 Barberry Circle, for the record. 15 Just so it's clear -- and I 16 will be very brief -- I did speak with 17 Mr. Gilson -- it is Gilson, correct -- on the 18 phone I believe it was the 17th. 19 I informed Mr. Gilson, and I 20 have spoken with Mr. Wyeth on -- John, I can't 21 tell you how many occasions probably since this 22 has occurred, multiple occasions. 23 I appreciate Mr. Wyeth's 24 forthcoming, I appreciate his candor, his honesty Depo Court Reporting Service (630) 983 -0030 i 130 1 in speaking with me and being upfront and direct 2 in things with me, and I hope I have been with 3 him. 4 As I spoke with Mr. Wyeth 5 today, and as I believe I spoke with Mr. Gilson 6 on Monday, I want to make sure the record is 7 perfectly clear, I will not render an opinion on 8 whether or not you should annex this property, 9 whether or not it's been annexed property, at any 10 point prior to a vote on this procedure. 11 There are very limited 12 circumstances in which the State's Attorney's 13 office or the Attorney General for the State of 14 Illinois get involved in matters that involve a 15 city annexation process or a vacation of a 16 roadway. 17 I understand that those are 18 very hot topics right now. I am a resident of 19 Yorkville, but I also represent the Kendall 20 County Board and the people of Kendall County as 21 the State's Attorney. 22 I must follow that capacity and 23 I must stay that -- hate to use the word -- stay 24 that course. It's my job to provide that legal Depo Court Reporting Service (630) 983 -0030 131 1 advice to the County. It is not my job to 2 provide legal advice to the City of Yorkville, 3 and I cannot ethically do so. 4 Laws governing attorneys 5 prohibit me from giving advice to those who I do 6 not represent unless specifically given that 7 authority under state law. 8 So in answer to Mr. Gilson's 9 question -- and I did speak to him for probably 10 almost an hour regarding several issues that 11 would come up in several letters that had been i 12 addressed to me -- I will not render an opinion 13 regarding that. 14 I believe it would be improper 15 for me to render an opinion as to the annexation, 16 annexation agreement, or any type of vacation of 17 the roadway. 18 If that issue at some point 19 after a vote -- if a vote occurs -- is brought 20 forth to me pursuant to a specific state statute, 21 I'll have to address it at that point, but that 22 would mean for me right now to look ahead of 23 that, so in answer to that -- I believe I've 24 answered the question that has been brought Depo Court Reporting Service (630) 983 -0030 132 1 forward, and hopefully it will clarify some 2 possible miscommunication or misinformation 3 that's been put forward. 4 I am in communication with the 5 attorney for the City of Yorkville and I assume I 6 will be continuing to do so. We have a very good 7 working relationship, even though, as Mr. Wyeth 8 has said, we don't always see eye -to -eye, that's 9 the nature of this business, but we will continue 10 to do so, but I hope I have answered that 11 question. Thank you. 12 (Applause) 13 MR. WYETH: Thank you very much. I 14 appreciate it. 15 MR. GILSON: Real quick, I just had 16 a question. We are talking about annexation, so 17 I'm going to ask one more question. 18 You did give me an opinion, 19 correct? 20 MR. WEIS: If I may -- 21 MAYOR PROCHASKA: Well, yes. 22 MR. WEIS: I don't want to get too 23 far off of this -- 24 MAYOR PROCHASKA: The annexation is Depo Court Reporting Service (630) 983 -0030 133 1 the discussion. Okay. 2 MR. WEIS: I gave you an opinion 3 that at this point the property has not been 4 annexed, that's correct. 5 MR. GILSON: Okay. 6 MAYOR PROCHASKA: Okay. Thank you. 7 (Applause) I 8 MAYOR PROCHASKA: Mr. Gilson, there 9 is a lady who would like to speak and I would 10 like to allow her to come up and speak, so if you 11 would, please. 12 This will be then the last 13 comment. 14 WHEREUPON: 15 CLAUDETTE CARLSON, 16 testified before the Yorkville City Council as I 17 follows: 18 MS. CARLSON: I am Claudette 19 Carlson. I also live at River's Edge. We are 20 here from Oak Park and I cannot believe this 21 Council is doing this to this town. 22 You should listen to this woman 23 here from Viet Nam. We live in a democracy and 24 the people are supposed to be able to speak. Depo Court Reporting Service (630) 983 -0030 134 1 I have a daughter adopted from 2 China. If you want to do what you do, you go to 3 China and see how they live there. 4 (Applause) 5 MAYOR PROCHASKA: Well, first of 6 all, you are speaking to us, so we are listening. 7 MS. CARLSON: And I am against the 8 annexation. 9 MAYOR PROCHASKA: Thank you. With 10 that, what I would like to do is close this 11 public hearing so we can open the public hearing 12 on the Sleepy Hollow -- 13 THE AUDIENCE: One more. One more. 14 MAYOR PROCHASKA: Okay. Well, I had I 15 asked if there was anyone else, there were no I 16 hands up, so we do need to move on. 17 WHEREUPON: 18 FRED DRUCELL, 19 testified before the Yorkville City Council as 20 follows: 21 MR. DRUCELL: I will be brief. My 22 name is Fred Drucell (phonetic). I have been a 23 Yorkville resident for four years. 24 Just to reaffirm Alderman Depo Court Reporting Service (630) 983 -0030 135 1 Spears' contention on -- there was some questions 2 at the last Council meeting as to the breach of 3 contract with the applicant, and I asked for an 4 unbiased opinion from a good friend of mine who 5 is an attorney for 30 years, his expertise is in 6 municipal as well as real estate law, and I asked 7 if he would give me an unbiased opinion because I 8 am seeing biased opinions from Derke Price who 9 has a vested interest in seeing this pursued, as 10 well as there was some question by the Council as 11 to a breach, and when I explained to him the 12 history of what's going on with this and how Fox 13 Moraine's attorney is constantly threatening our 14 Councilmen with a lawsuit, as to even one person I 15 being coerced into a vote by a lawsuit, he told 16 me indeed that was a definite breach. � I 17 With that in mind, the 18 annexation, if it's not in force, my question for 19 you is how does a property owner who does not own 20 property act on something that they shouldn't be I 21 encumbered to act on? 22 If someone applies for use of a 23 property that they don't actually own, how can 24 this Council be encumbered to act on that Depo Court Reporting Service (630) 983 -0030 136 1 property? 2 MAYOR PROCHASKA: Don't confuse 3 annexation with ownership, sir. 4 MR. DRUCELL: Well, the 5 annexation -- the City does not -- 6 MAYOR PROCHASKA: We never would own 7 the property. 8 MR. DRUCELL: Correct. But they 9 cannot apply to the City for that property, for 10 that land, to be used for a specific use if the 11 City does not have the responsibility for that i 12 land, is that correct, the jurisdiction, correct? 13 MAYOR PROCHASKA: That is not -- and 14 that is the question that's out there. There 15 is -- and I am not an attorney either, so I'm not I 16 going to go -- but there -- he is asking if the 17 City -- if this is not currently annexed into the 18 City can the City -- how can the City consider 19 annex -- a petition. 20 MR. DRUCELL: How can you act on 21 that petition if the property is not your 22 responsibility? 23 MAYOR PROCHASKA: WelL, an 24 application. And at this point we are not acting Depo Court Reporting Service (630) 983 -0030 137 1 on anything. We are acting -- the question is 2 whether to annex. 3 MR. DRUCELL: Correct. But there 4 was a question as to acting on the siting 5 application that happened before this annexation 6 was -- 7 MAYOR PROCHASKA: At this point we 8 are not -- we're not -- we cannot talk about that 9 at this point in time. That is a question -- 10 MR. DRUCELL: I guess my question is 11 hypothetical. 12 MR. WYETH: That's right. 13 MAYOR PROCHASKA: Give me a 14 hypothetical. 15 MR. DRUCELL: If the land is not F 16 annexed, how can you act on an application? 17 MAYOR PROCHASKA: On any -- on any 18 application is what you are saying. 19 MR. DRUCELL: Yeah, on any 20 application, whether it be -- whether it be the 21 north side of town or the south side of town, if 22 the City does not have the property annexed, how 23 do you act on that? 24 MR. WYETH: Maybe there is one fact Depo Court Reporting Service (630) 983 -0030 138 1 you don't know. The Newark Library District 2 boundary cuts midstream through this property, so 3 a portion of -- if there was a hypothetical 4 application following December 1st would still be 5 within the City. 6 MR. DRUCELL: Okay. Thank you. 7 MAYOR PROCHASKA: Okay. What I'd I 8 like to -- All right. 9 MR. WOODRICK: If I can. 10 MAYOR PROCHASKA: Well, you know, I 11 asked if there is any -- if there is no hands, 12 again, I'd like to move on because we do have 13 another one yet. 14 WHEREUPON: 15 WALLY WOODRICK, 16 testified before the Yorkville City Council as 17 follows: 18 MR. WOODRICK: I apologize. I am i 19 coming up so late, I just have this comment in I 20 relation to the comments by the City attorney. 21 I would just like to ask the 22 City Council -- Well, actually let me back up a 23 second. i 24 MAYOR PROCHASKA: Can you state your Depo Court Reporting Service (630) 983 -0030 139 1 name, please? 2 MR. WOODRICK: My name is Wally 3 Woodrick (phonetic). I am a resident of 4 Yorkville and also a resident of Kendall County. 5 I would just like -- Based upon 6 the comments that cost benefit analysis would be 7 done, I would just like to ask the members of the 8 City Council if they were provided with a cost 9 benefit analysis prior to choosing to violate the 10 County's solid waste use plan and prior to voting 11 on the process. 12 MAYOR PROCHASKA: You are going off 13 that thing again because you are talking about 14 the application. We are talking about the 15 annexation of the property. 16 MR. WOODRICK: Were you provided 17 with a solid waste use plan prior to the first 18 annexation? I'm sorry, let me -- I'm sorry. i 19 Were you provided with a cost 20 benefit analysis -- when I say "you" I mean the 21 City Council -- prior to annexing the first time 22 around? 23 MAYOR PROCHASKA: I don't know why 24 there would be one. Depo Court Reporting Service (630) 983 -0030 140 1 MR. WOODRICK: Because the County 2 threatened to sue you. 3 MAYOR PROCHASKA: No, we weren't, 4 but again, I don't see the relevancy of that to 5 a -- to annexing the property. 6 MR. WOODRICK: You don't see 7 relevancy? 8 MAYOR PROCHASKA: To annexing the 9 property. 10 MR. WOODRICK: I have no further 11 comment. 12 MAYOR PROCHASKA: Okay. Thank you. 13 Is there anyone else? 14 (Applause) 15 MAYOR PROCHASKA: All right. Sir. 16 WHEREUPON: 17 LARRY ALEX, 18 testified before the Yorkville City Council as 19 follows: 20 MR. ALEX: Hi. My name is Larry 21 Alex. As far as public comment goes for me, I am 22 against the annexation. 23 MAYOR PROCHASKA: Okay. 24 MR. ALEX: These people here have Depo Court Reporting Service (630) 983 -0030 141 1 more than eloquently spoken the way I feel. 2 Adamantly against it. 3 That said, earlier in the 4 evening the question was asked by a lady when 5 this would be voted on. Do we know that -time, 6 that date, that place? 7 MAYOR PROCHASKA: What I said is the 8 earliest that it could be voted on would not be 9 for two weeks. 10 MR. ALEX: Okay. But that's not -- I 11 The question is do we know -- When will we know? 12 MAYOR PROCHASKA: Well, I don't 13 know. The decision hasn't been to put it on the 14 agenda yet. 15 MR. ALEX: Okay. 16 MAYOR PROCHASKA: So we don't know 17 that yet. I guess I don't have that answer. 18 MR. ALEX: Okay. When we do have 19 the answer, how would we find out? 20 MAYOR PROCHASKA: It would be posted 21 on the City's web site. It must be posted no 22 later than 48 hours prior to the meeting. 23 And this would -- I would 24 suggest that this would be discussed at a Depo Count Reporting Service (630) 983 -0030 142 1 Committee of the Whole, which would be a week 2 before that anyway, so you would know. 3 MR. ALEX: okay. All right. That's 4 it. Thanks. 5 MAYOR PROCHASKA: Okay. Anyone 6 else? Todd? Short. 7 MR. MILLIRON: It will be. The 8 question is I haven't seen this line that Newark 9 Library has across this property, okay? 10 Is it on the east side of 11 Sleepy Hollow Road or the west side of Sleepy 12 Hollow Road? 13 MAYOR PROCHASKA: It follows the 14 section line. It actually cuts -- the line 15 goes -- it runs east and west. It divides the 16 north property and south. 17 MR. MILLIRON: It divides the 18 property north and south, so -- because I mean, 19 that was one of the things I thought might be in 20 this annexation agreement or something that 21 somebody might delineate that. 22 We as the public don't know 23 where that property line is or that district 24 boundary line is, but I am led to believe that it Depo Court Reporting Service (630) 983 -0030 143 1 is encompassing west of whatever that would 2 impair them from -- that's why they want it 3 reannexed, right, is because it's not in your 4 jurisdiction at this point this time. Is that 5 correct? 6 MAYOR PROCHASKA: That would be 7 correct. I 8 MR. MILLIRON: All right. So is 9 that something that would be available to us as 10 the public, where we could see the map and where 11 that Newark Library District line runs? 12 I just was curious how that 13 plays into this because we as the public have no 14 idea where that line is. 15 The next question would be I 16 don't understand if this is not annexed why this 17 public hearing is considered voluntary because 18 either it's annexed or it isn't, and if it isn't 19 annexed, then there are things that you have to 20 comply with and do according to state statute, 21 and I question whether that's actually being 22 followed, and I would like, you know, to know 23 where that boundary is. That's not an 24 unreasonable request. Depo Court Reporting Service (630) 983 -0030 144 1 MAYOR PROCHASKA: And I'm sure you 2 can get that. And we have then a map at City 3 Hall that shows it and I'm sure that the Newark 4 Library District could probably tell you, too. 5 There is a couple different places. 6 MR. MILLIRON: Well, it should have 7 been something that should have been provided to 8 us tonight. 9 And please explain to me why 10 this hearing is voluntary if that property is not 11 annexed. 12 MAYOR PROCHASKA: The annexation 13 itself does not require a public hearing. A I 14 public hearing is held for an annexation 15 agreement, and that is still a valid agreement. 16 What is not valid is the actual annexation. J �l 17 MR. MILLIRON: All right. I 18 understand now. 19 MAYOR PROCHASKA: Okay. Thank you. 20 Okay. What I would like to do then is entertain 21 a motion to close this public hearing so we can 22 go into public hearing to discuss -- All right. 23 Please state your name. 24 WHEREUPON: Depo Court Reporting Service (630) 983 -0030 145 1 ARDEN JOE PLOCHER, 2 testified before the Yorkville City Council as 3 follows: 4 MR. PLOCHER: My name is Arden Joe 1 5 Plocher. 6 I was just wondering, say if 7 said property was to put a Wal -Mart up on it. 8 Since part of it is in Newark and part of it is 9 in Yorkville, how do you just -- Like say the 10 Wal -Mart was half and half. How would you -- Who 11 gets the tax revenue and how is that split up? I 12 MAYOR PROCHASKA: It's because it's 13 a district. City boundaries can cross districts, 14 it can cross library districts, City -- they can 15 cross school districts, they can cross county 16 lines, township lines. I I 17 It's not -- it's not the 18 Village of Newark, it's the Library District down 19 there. 20 MR. PLOCHER: Now, so would any of 21 that Library District receive any money, or no? 22 MAYOR PROCHASKA: Well, apparently 23 they have worked something out with the 24 petitioner, so that's an agreement between them, Depo Court Reporting Service (630) 983 -0030 146 1 and to be honest with you, I am not party to 2 that, so I don't know what it is. 3 MR. PLOCHER: All right. Thank you. 4 MAYOR PROCHASKA: Yes. Well, that 5 is -- and that is because Yorkville does not have 6 a library dis -- there is no library district 7 here, it is a City library. Once the City 8 annexes that property, it becomes part of the 9 Yorkville Library. That was their issue 10 initially. Okay? 11 Again, I would like to 12 entertain a motion to close this public hearing 13 so we can go into public hearing to speak on the 14 issue of the Sleepy Hollow Road. 15 ALDERMAN BURD: So moved. 16 ALDERMAN WOLFER: Second. 17 MAYOR PROCHASKA: Moved and 18 seconded. May I have roll call, please? 19 MS. MILSCHEWSKI: James. 20 ALDERMAN JAMES: Aye. 21 MS. MILSCHEWSKI: Burd. 22 ALDERMAN BURD: Aye. 23 MS. MILSCHEWSKI: Spears. 24 ALDERMAN SPEARS: Aye. J Depo Court Reporting Service (630) 983 -0030 147 1 MS. MILSCHEWSKI: Bock. 2 ALDERMAN BOCK: Aye. 3 MS. MILSCHEWSKI: Besco. 4 ALDERMAN BESCO: Aye. 5 MS. MILSCHEWSKI: Leslie. 6 ALDERMAN LESLIE: Aye. 7 MS. MILSCHEWSKI: Wolfer. 8 ALDERMAN WOLFER: Aye. 9 MAYOR PROCHASKA: Motion is carried. 10 This public hearing is closed. 11 With that I would entertain a 12 motion -- Now, we do -- the School District has 13 asked us to be out of here by 10:00, so we've 14 still got time, should be able to get enough time 15 for people to discuss. 16 I would entertain a motion to i 17 go into public hearing for the discussion -- get 18 back to that sheet -- of the vacation of a 19 portion of Sleepy Hollow Road located south of 20 Illinois Route 71 legally described as follows: 21 Sleepy Hollow Road vacation, that part of 22 Sections 14 and 23 Township 36 north range six 23 east of the third principal meridian described as 24 follows, that part of Sleepy Hollow Road lying Depo Court Reporting Service (630) 983 -0030 148 1 south of the south line of Illinois Route 71 and 2 north of a line which bears south 89 degrees, 55 3 minutes, 26 seconds west and easterly, 4 prolongation of said line at a point 1935.49 feet 5 north of the south quarter corner of said 6 Section 23 in Kendall County, Illinois. 7 ALDERMAN BOCK: So moved. 8 ALDERMAN SPEARS: Second. 9 ALDERMAN LESLIE: Mr. Mayor? Is 10 there any opportunity to read the actual 11 ordinance of the vacation we don't have in the 12 packet to familiarize? Do you have that present 13 anywhere? 14 MAYOR PROCHASKA: Well, the public 15 hearing is to hear on their issue of vacation of 16 the road, so -- 17 ALDERMAN LESLIE: The ordinance 18 exists, though, would it just be restating, we 19 need to wait on that until after the public 20 hearing? Is that correct? Attorney Wyeth? 21 MAYOR PROCHASKA: Can we go into 22 public hearing, then you can ask your question? 23 Okay. Is there a motion to go into public 24 hearing? Depo Court Reporting Service (630) 983 -0030 149 1 ALDERMAN BURD: So moved. 2 ALDERMAN WOLFER: Second. 3 MS. MILSCHEWSKI: It's already 4 been -- 5 MAYOR PROCHASKA: Okay. May I have 6 roll call, please? 7 MS. MILSCHEWSKI: James. 8 ALDERMAN JAMES: Aye. 9 MS. MILSCHEWSKI: Burd. 10 ALDERMAN BURD: Aye. 11 MS. MILSCHEWSKI: Spears. 12 ALDERMAN SPEARS: Aye. 13 MS. MILSCHEWSKI: Bock. 14 ALDERMAN BOCK: Aye. 15 MS. MILSCHEWSKI: Besco. 16 ALDERMAN BESCO: Aye. � I 17 MS. MILSCHEWSKI: Leslie. I 18 ALDERMAN LESLIE: Aye. 19 MS. MILSCHEWSKI: Wolfer. 20 ALDERMAN WOLFER: Aye. 21 MAYOR PROCHASKA: Motion is carried. 22 We are now in public hearing, and now your 23 question? 24 ALDERMAN LESLIE: The question I had Depo Court Reporting Service (630) 983 -0030 150 1 is if we are in a public hearing for the 2 vacation, do we have a copy of the ordinance, the 3 ordinance vacation? 4 I know we've had it before, 5 Rose had it before. Would it be inappropriate to 6 read it at this time, John? Is that what you're 7 saying? 8 I'm just trying to familiarize 9 myself with the actual ordinance as to relevance j 10 AT the public hearing. 11 MR. WYETH: It's not in the 12 packets. 13 ALDERMAN LESLIE: I'm sorry? 14 MR. WYETH: It's not in the packets. 15 I don't have it. 16 ALDERMAN LESLIE: Rose has it. I'm 17 just wondering would it be possible in terms of 18 legal protocol, is there a problem? 19 MAYOR PROCHASKA: The public 20 hearing -- 21 ALDERMAN LESLIE: I can read it I 22 myself, I'd just like -- 23 MR. WYETH: No, I don't have a 24 problem. Depo Court Reporting Service (630) 983 -0030 151 1 ALDERMAN LESLIE: Okay. I'd like to 2 read it. 3 MAYOR PROCHASKA: Rose, do you want 4 to read the public -- 5 ALDERMAN SPEARS: Give it to Jason. 6 MAYOR PROCHASKA: Do you want me 7 to -- Jason? 8 ALDERMAN LESLIE: Do you want me to 9 read it publicly or do you want me to just read 10 it to myself? 11 ALDERMAN SPEARS: Yes. 12 MAYOR PROCHASKA: Oh, no, read it 13 outloud. 14 ALDERMAN LESLIE: The reason why I 15 asked this is because this is not the original 16 ordinance vacating -- in fact, I think this is l 17 the second draft, failed measure twice. 18 ALDERMAN SPEARS: Do you want the 19 first one? 20 ALDERMAN LESLIE: No, just the -- 21 just the second one. 22 ALDERMAN SPEARS: That's the one we 23 voted on. 24 MAYOR PROCHASKA: That was the one Depo Court Reporting Service (630) 983 -0030 152 1 that was originally -- 2 ALDERMAN LESLIE: This is the -- 3 This is the last one, right? 4 ALDERMAN SPEARS: Right. 5 MAYOR PROCHASKA: Right. Right. 6 ALDERMAN LESLIE: Third one. 7 MAYOR PROCHASKA: The one that was 8 passed. Okay. 9 ALDERMAN LESLIE: Okay. "Whereas; 10 the United City of Yorkville has received a 11 petition to vacate a portion of Sleepy Hollow 12 Road, a publicly dedicated road, located south of 13 Route 71 within the United City of Yorkville; 14 and, whereas, United City of Yorkville through 15 its Mayor and City Council has held a public 16 hearing pursuant to 65 ILCS 5/11 -91 -1, permitting 17 all public input and comment in regard to said 18 petition to vacate said road; and, whereas, the 19 intention of the United City of Yorkville to 20 vacate said road as described in the petition and 21 as described in the attached Exhibit A, which is 22 the legal description for the proposed vacated 23 road, as well as the attached Exhibit B, which is 24 a plat of vacation representing the area to be Depo Court Reporting Service (630) 983 -0030 153 1 vacated; and whereas, the United City of 2 Yorkville intends to vacate said road described 3 in Exhibit A and depicted upon Exhibit B to North 4 Star Trust Company u/t dated August 8, 2006, 5 No. 06 -9993, the adjoining land owner on each 6 side of the road; and, whereas, the City Council 7 of the United City of Yorkville finds that said 8 property does not have substantial value that 9 would result in compensation to the City, nor 10 does the vacation cause any loss of any land 11 owner requiring compensation to any adjoining i 12 land owner; and, whereas, the City Council of the 13 United City of Yorkville has determined that in 14 its public interest to vacate said road, thereby 15 relieving the City of any burden of maintenance 16 and repair of the road, and further, that 17 vacating will promote economic development of the 18 property adjoining the vacated road. 19 Now, therefore, be it ordained 20 by the Mayor and the City Council of the United 21 City of Yorkville, Kendall County, Illinois, the 22 property described in Exhibit A and depicted upon 23 Exhibit B, and commonly known as Sleepy Hollow 24 Road, is hereby vacated to North Star Trust Depo Court Reporting Service (630) 983 -0030 I 154 1 Company u/t dated August 8, 2006, No. 06 -9993, 2 Section 1. 3 The City Council further finds 4 that the vacating of said 5 street /road /right -of -way is in the public 6 interests based upon the findings of the Council 7 and that no damage, (monetary or otherwise), 8 shall result to the residents of the United City 9 of Yorkville by reason of vacating said 10 street /road /right -of -way. 11 Section 2, the City Clerk is 12 hereby directed to the record of Kendall County 13 Recorder a certified copy of this ordinance 14 together with Exhibit B, the plat of vacation 15 attached to this ordinance; 16 Section 3, the ordinance shall 17 be in full force and effect from and after its 18 passage and approval as provided by law." 19 And I just wanted to read that 20 to update everyone as to the change of the 21 vacation. I didn't intend to read it to 22 everyone. 23 MAYOR PROCHASKA: That's not -- 24 ALDERMAN LESLIE: Oh, I'm sorry, the Depo Court Reporting Service (630) 983 -0030 155 1 actual ordinance? Is that not it? So I read the 2 whole darn thing and it's not the right one? Do 3 you have the right one? 4 (Applause) ( 5 ALDERMAN LESLIE: That was a 6 warm -up. The only reason why I wanted to read 7 the actual vacation ordinance was that it had 8 changed qualitatively as to the first vacation. 9 MAYOR PROCHASKA: Well, this one 10 doesn't include -- this one does not include the 11 fact that they would only have it if a road was 12 to be built, and that is not this one. 13 ALDERMAN LESLIE: Exactly. And I 14 believe also in the event of -- Well, you drafted 15 it. 16 MAYOR PROCHASKA: At the time of 17 development, right. They would have to build 18 another road to replace it. It was not just an 19 arbitrary vacation, so -- Do you have the 20 actual -- 21 MR. PHILIPCHUCK: Yes. 22 ALDERMAN SPEARS: Jason, I 23 apologize. This is the second one that came to 24 us. That's the third one. Depo Court Reporting Service (630) 983 -0030 156 1 MAYOR PROCHASKA: Yes, this is the 2 one that is -- as a consideration of vacation to 3 provide for potential future roadway needs. Do 4 you want to read it? 5 ALDERMAN LESLIE: I can read it 6 again if people would like to hear it. My point 7 and purpose is that in my opinion -- 8 Do you want me to read it? 9 THE AUDIENCE: Yeah. 10 ALDERMAN LESLIE: Here we go. We'll 11 read it. Try to do it in one breath. "The City I 12 Council further finds that the vacating of said 13 street /road /right -of -way is in the public 14 interests based upon the findings of the Council, 15 that no damage, (monetary or otherwise), shall 16 result in the residents to the United City of 17 Yorkville by reason of vacating 18 street /road /right -of -way; however, in i 19 consideration of the vacation and to provide for 20 potential future roadway needs, the North Star 21 Trust Company u/t dated August 8, 2006, 06 -9993, 22 agrees to provide at no cost to the City a 23 right -of -way not to exceed 70 foot in width of 24 construction to connect Illinois Route 71 to Depo Court Reporting Service (630) 983 -0030 157 1 Walker Road at a sustainable and mutually 2 agreeable location that does not appear in 3 conflict, any pollution control facility siting 4 is granted until such time after the vacation of (. 5 Sleepy Hollow Road becomes effective. Said 6 condition shall be an obligation upon the parcel 7 of land annexed by ordinance No. 2006 -115 except 8 the land for which said pollution control occurs. 9 And this instrument shall be placed as in the 10 record." 11 The whole point I want to make 12 is that in the redraft of this, Joe, you drafted, 13 it was my opinion that the vacation of the road 14 can stand on its own merit as a separate 15 ordinance and not as to have it contained in the 16 annexation agreement. 17 The whole point I wanted to 18 make is probably lost at this point because I 19 read two of them. 20 MAYOR PROCHASKA: Okay. What I 21 would like to do is first ask does the petitioner 22 have anything you would like to say on this? No? i 23 (No response) I 24 MAYOR PROCHASKA: In that case I Depo Court Reporting Service (630) 983 -0030 158 1 would like to open the floor to anyone that would 2 like to give comment to the proposal of the 3 vacation of Sleepy Hollow Road. 4 MR. JEFFERS: Again, Rick Jeffers, 5 Yorkville city resident. 6 Does the City actually have 7 jurisdiction over this road at this time? 8 MAYOR PROCHASKA: No. 9 MR. JEFFERS: So I am confused as to 10 how -- 11 MAYOR PROCHASKA: Well, actually we 12 do have over a portion of it -- 13 MR. JEFFERS: A portion. 14 MAYOR PROCHASKA: -- because of the 15 way the line goes. 16 MR. JEFFERS: Oh, okay. And did I 17 understand correctly earlier that a greater I 18 majority is needed to vote in favor of vacating 19 the road than annexation of the property? 20 MAYOR PROCHASKA: Correct. 21 MR. JEFFERS: Okay. So given those 22 circumstances -- and I don't know if this can be 23 done -- but I would take all the comments that 24 you just took on the annexation and apply them to Depo Court Reporting Service (630) 983 -0030 159 1 the vacation of Sleepy Hollow Road with more 2 emphasis because the end result, although we are 3 talking about annexation and vacating the road -- 4 MAYOR PROCHASKA: Correct. 5 MR. JEFFERS: -- is that we don't 6 want a landfill, so if we can keep those things 7 from happening, and again, my bet is that if we 8 could, the landfill wouldn't happen, then 9 obviously I would be against, and I think most of 10 the people sitting behind me would be against us 11 vacating Sleepy Hollow Road as well. 12 (Applause) I 13 MAYOR PROCHASKA: Thank you. Thank 14 you. Yes, ma'am. I i 15 WHEREUPON: 16 DINA SCHROEDER, I 17 testified before the Yorkville City Council as 18 follows: 19 MS. SCHROEDER: Hi. My name is Dina 20 Schroeder. I just have a question on the 21 vacating Sleepy Hollow Road. 22 So you -- Yorkville right now, 23 without that land being annexed, you actually are 24 in control of part of that road now? Depo Court Reporting Service (630) 983 -0030 160 1 MAYOR PROCHASKA: The question right 2 now is -- 3 MS. SCHROEDER: So I'm trying to 4 figure out why we're -- why we're discussing the S vacation of Sleepy Hollow Road if it's not -- if 6 the property is not annexed into Yorkville yet. 7 So I'm trying to determine is 8 there a little portion of the road that is in 9 Yorkville right at the moment, and is that the 10 portion we are talking about right now? 11 MAYOR PROCHASKA: Actually the I 12 question right now -- and the reason we did this 13 again was to ask -- have people come up and give 14 comment about the potential of that request, so, 15 you know, you're right. 16 I mean, we could all go home on 17 this real quick and say, you know, let's not talk 18 about this anymore for tonight, I mean, but the 19 request from the public was that we would have a 20 discussion on the need or the desire to vacate 21 the road. 22 Now -- 23 MS. SCHROEDER: And that's -- 24 MAYOR PROCHASKA: -- it's a Depo Court Reporting Service (630) 983 -0030 161 1 technicality, and there is a lot of 2 technicalities, you've heard all about very many 3 different technicalities here tonight. 4 The Library District runs on an i 5 east /west line through the property, and that is 6 the piece of property that technically is not 7 being -- not annexed. 8 MS. SCHROEDER: Okay. 9 MAYOR PROCHASKA: Now, how this all 10 works, I don't know. 11 The question right now is we're 12 taking comment on whether people think we should 13 vacate it or not. 14 MS. SCHROEDER: Okay. So that -- So 15 we're assuming that -- 16 MAYOR PROCHASKA: We're not assuming 17 anything. 18 MS. SCHROEDER: Anything. Okay. So 19 we're pretending. I guess I don't know the right 20 word. 21 MAYOR PROCHASKA: We are asking for 22 comment as to whether people think that in the 23 event -- 24 MS. SCHROEDER: Annexed in -- Depo Court Reporting Service (630) 983 -0030 162 1 MAYOR PROCHASKA: Yes. 2 MS. SCHROEDER: Would you want to 3 vacate Sleepy Hollow Road. 4 MAYOR PROCHASKA: Yes. r 5 MS. SCHROEDER: Okay. I just wanted 6 to clarify. 7 ALDERMAN BURD: Could I comment a I 8 little bit? 9 MS. SCHROEDER: Sure. 10 ALDERMAN BURD: I asked for this 11 hearing, and it was based on state statute that 12 was handed out to us before we went for this 13 hearing process that it was some kind of 14 convoluted state statute that said that if the 15 property was not currently within the City, but 16 that you were intending to annex it, that you 17 would have a hearing on it. 18 It was some weird situation 19 where the only way you would have a hearing on 20 this was if it was not actually within the City 21 limits, and that was the only basis you could 22 have for having a public hearing. 23 MS. SCHROEDER: On a vacation. You 24 mean on vacating Sleepy Hollow Road? Depo Court Reporting Service (630) 983 -0030 163 1 ALDERMAN BURD: Right. Yes. 2 MS. SCHROEDER: Okay. 3 ALDERMAN BURD: It was a very 4 strange thing. I brought it up at the City 5 Council meeting and asked the City attorney to 6 explain the strange statute the way it was worded 7 because it specifically said if it was under our 8 jurisdiction but not within the City limits, and 9 this is considered -- 10 MS. SCHROEDER: Boy, is that 11 confusing. 12 ALDERMAN BURD: It's considered 13 under our jurisdiction because it's covered by an 14 annexation agreement -- 15 MS. SCHROEDER: Okay. 16 ALDERMAN BURD: -- but it's not 17 currently within the City limits, and that's the 18 way the state statute read, and this meets that 19 criteria, so I used that as a reason to say aha, 20 let's have this public hearing. 21 MS. SCHROEDER: I'm not a lawyer or 22 anything, I just was trying to figure out how -- 23 ALDERMAN BURD: Me either. It was 24 very confusing. I thought it was very strange, Depo Court Reporting Service (630) 983 -0030 164 1 but I thought if it gives us another opportunity 2 to let people speak, then let's use it. 3 MS. SCHROEDER: Okay. Thanks. 4 (Applause) 5 MAYOR PROCHASKA: I think the idea 6 was to err on the side of conservancy. Yes, sir. 7 Come up and speak. 8 MR. POOLE: My name is Glen Poole, 9 and my comment on the vacation of the road is 10 dead set against it, and I'll give you two 11 reasons. I 12 The first one, my wife brought 13 out earlier in the comments about the annexation, 14 and this is buried in the 6,000 pages that we're 15 all supposed to read or should know about, in I 16 that Army Corps of Engineers -- J 17 MAYOR PROCHASKA: Okay. We are not 18 talking about -- We cannot talk anything about 19 the application, so -- 20 MR. POOLE: Okay. To me the two 21 reasons are, number one, environmentally, there 22 is two tributaries that go into the Hollenbeck 23 Creek, which go into the Fox River, and then, of 24 course, the number two reason is liability, if, Depo Court Reporting Service (630) 983 -0030 165 1 you know, we give up this road and it is 2 contaminated, the liability would be on us, so -- 3 MAYOR PROCHASKA: That's -- You are 4 going off of that. 5 MR. POOLE: I am against it and 6 those are my two reasons. Thank you, Mr. Mayor. 7 Thank you very much. 8 MAYOR PROCHASKA: Derke. Yes. i 9 MR. PRICE: Bring those comments in 10 March to the public hearings that start on the 11 process. There is a place for it. I don't want 12 to ignore them, but they are for that night, not 13 tonight. 14 MR. POOLE: Thank you. 15 MAYOR PROCHASKA: Okay. Thank you. 16 Sir. 17 MR. RUTKAS: Thank you. I'd like to 18 thank you for listening to all these comments, 19 and this will be neither rough, but your 20 forbearance is really welcome. Thank you. 21 My name is Bob Rutkas, I live 22 on Legion Road in Yorkville here, and my question 23 about the tributary that runs underneath Sleepy 24 Hollow Road, if Sleepy Hollow Road is vacated, I Depo Court Reporting Service (630) 983 -0030 166 1 understand that they are going to be moving that 2 tributary. Is that correct? That's what I heard 3 earlier. 4 MAYOR PROCHASKA: Again, that is 5 something that is beyond the question of this. 6 MR. GILSON: That's in a public 7 hearing to the Army Corps of Engineers. It is 8 not -- He can talk about this. 9 MAYOR PROCHASKA: Well, he is asking 10 me the question. If you know the answers, 11 then -- 12 MR. RUTKAS: I don't -- 13 MR. GILSON: That's a public notice, 14 so he has access to that information without 15 revealing -- 16 MAYOR PROCHASKA: Sir, he is at the 17 mic, okay? Well, then apparently there is a 18 movement to move it. 19 MR. RUTKAS: Well, my question is 20 when you move it, will you move it outside of the 21 Hamman property? Will it require public 22 condemnation of private property to move it? 23 That's what I'd like to know. 24 MAYOR PROCHASKA: Well, again, I Depo Court Reporting Service (630) 983 -0030 167 1 don't know that that deals with vacation of the 2 road. That is something that deals with that 3 particular issue, and there would be a process 4 for that, too, so -- Todd. 5 MR. MILLIRON: I'm trying to follow 6 the reasoning here. I was there September 26th, 7 very late at night, when you guys got done at 8 midnight when Sleepy Hollow Road was an 9 afterthought at that point in time and 10 Mr. Philipchuck reacted like this (indicating), 11 and we all wondered what was the deal with that. 12 And so now I am rethinking 13 this, and you went through whatever, we had the 14 annexation hearings, and then eventually 15 whatever, you guys brought that out to a vote and 16 one -by -one you voted boom, boom, boom, boom, and 17 we brought the big North Star in with all this 18 adjacency of those four properties. 19 Then we got to talk about 20 Sleepy Hollow Road after you had jurisdiction 21 because you had passed all four of those 22 annexations. 23 And I'm here tonight and I'm 24 hearing that, you know, we don't have Depo Court Reporting Service (630) 983 -0030 168 1 jurisdiction, yet we're having this hearing when 2 probably what should happen is the annexation 3 vote should be taken and then we talk about 4 Sleepy Hollow Road because that's the way it was 5 done that night, where you actually voted all 6 that stuff in, then we got to talk about it, then 7 you voted. 8 MAYOR PROCHASKA: Okay. 9 MR. MILLIRON: Okay? And that's not 10 what's happening tonight, and I don't understand 11 how we can be set here talking in a public i i 12 hearing when you don't actually have jurisdiction 13 at this point in time to even talk about vacating 14 that road because it's not in the City. 15 MAYOR PROCHASKA: Well, actually -- 16 and again, that's where this particular statute -J 17 comes in that talks about having -- it is part of 18 an annexation agreement, but it has not been 19 annexed, there is a -- there is a point for 20 discussion on it and, you know, again, it's not 21 wrong, it was brought up. 22 MR. MILLIRON: Well, I mean, Art, 23 the point of this is that the annexation 24 agreement, the two parties in this contract had Depo Court Reporting Service (630) 983 -0030 169 1 to do all the things that they were supposed to 2 and the North Star people did not fulfill their 3 side of the contract -- 4 MAYOR PROCHASKA: Okay. 5 MR. MILLIRON: -- okay? And so now 6 we're talking about like part of it is already 7 fulfilled -- 8 MAYOR PROCHASKA: No, okay. No. 9 I'll tell you what. I'll stop the public hearing 10 right now. This is not a presumption that 11 anything is done. This is open to take comment. 12 The alderman talked about how it was -- there is 13 a law, we are trying to get input before there is 14 any discussion, before there is any determination 15 of this. 16 This is not an assumption that 17 anything is happening, it is a public hearing to 18 get input on the idea of should this be vacated. 19 It is still part of -- in an annexation 20 agreement. The annexation has not as you say 21 been done, but the question is -- 22 MR. MILLIRON: It's the question of 23 whether the agreement is even valid to begin 24 with. Depo Court Reporting Service (630) 983 -0030 170 1 MAYOR PROCHASKA: No. I i 2 MR. MILLIRON: Yeah. Because it 3 came in as all one parcel. There was five PIN 4 numbers within that 760 acres and it came in all 1 5 as all 760 acres and it goes out as all 760 6 acres, and it needs to be redone properly. 7 MAYOR PROCHASKA: Todd, this is the 8 vacation. Do you want to speak on the vacation? 9 MR. MILLIRON: Yeah, I'll talk about 10 the vacation. 11 MAYOR PROCHASKA: I'd like you to. 12 MR. MILLIRON: One of the things 13 Jason brought up was is that there would be no 14 financial harm that came to any Yorkville 15 resident. 16 We all have houses either in 17 the county or for the people that actually are 18 Yorkville residents, unlike myself, who will have 19 their property values affected if this thing goes 20 forward and this road is vacated. 21 That said, Besco Boulevard, 22 which is what that third vote was to renegotiate, 23 which is this hypothetical road, we have no idea 24 where it's at, they for the end use of this Depo Court Reporting Service (630) 983 -0030 171 1 property need roads to access that site for what 2 they want to do out there, okay? 3 And we have no idea about this i 4 road, yet you're willing to give it away 5 originally, then we come up with renegotiating 6 this hypothetical road, which is a road that 7 they're going to build for their end use anyway. 8 It's not going to serve the citizens, so, you 9 know, we're still losing. 10 MR. GILSON: Todd, as a resident 11 I'll address that. I'll address that as a 12 resident. 13 MR. MILLIRON: So anyway, I'll have 14 another thought and I'd like to come back, 15 please. 16 MAYOR PROCHASKA: We'll see. l 17 Mr. Gilson. 18 MR. GILSON: Just quick as a 19 resident. Well, first of all I want to just come 20 back to the point of what Jason said, and the 21 point is you cannot agree to vacate a road in an 22 annexation agreement without voting on it first, 23 okay? That's one. I am making my comments. 24 MAYOR PROCHASKA: All right. That's i Depo Court Reporting Service (630) 983 -0030 172 1 fine. I am listening. 2 MR. GILSON: The second thing is 3 Friends of Greater Yorkville and the community, 4 there are many people here, including myself, 5 that do travel up and down Sleepy Hollow Road, 6 and we will be directly affected by the vacation 7 of that road, and if that vacation -- if that i 8 road happens and a landfill gets placed there, we 9 also feel we, as the citizens, including myself 10 as a Yorkville resident, will be directly 11 affected by the vacation of that road, just for 12 the record. 13 MAYOR PROCHASKA: Thank you. Is 14 there someone else that would like to speak on 15 the vacation of the road? Yes, Mr. Kramer. You 16 know what? This one works better over here. � I I 17 WHEREUPON: 18 DANIEL J. KRAMER, 19 testified before the Yorkville City Council as 20 follows: 21 MR. KRAMER: Good evening. My name 22 is Daniel J. Kramer. I represent probably the 23 land owner most affected by Sleepy Hollow Road, 24 and that's Virginia Wells, who owns the farmland Depo Court Reporting Service (630) 983 -0030 173 1 immediately south of the portion that the City is 2 seeking to vacate. 3 Our request is that the City 4 not vacate the road. We disagree with the 5 procedure that had been done before. 6 I think both Alderman Spears 7 and Alderman Leslie eloquently stated that you 8 cannot include -- because of that difference in 9 the super majority required, that is a mandatory 10 duty in an annexation agreement. I think that's 11 an absolutely illegal or void term of the - 12 agreement. Secondly, I don't think there's been 13 any findings. 14 It's just the reverse under 15 Illinois municipal law. You don't have to have 16 everything that you decide as a Council stated in 17 an ordinance. There is a legislative presumption 18 of validity to that. 19 But the findings you made were 20 clearly absent previously when you considered 21 this issue. 22 There's been no finding or no 23 evidence produced up to the City Council that it 24 serves an interest of the public, and that's what Depo Court Reporting Service (630) 983 -0030 174 1 the statute says about vacating the road. 2 The prior ordinance that was 3 passed clearly says it was for the best interest 4 of one party and one party only, and that is the 5 petitioner, Moraine. 6 It says the road will only be 7 vacated if they get siting approval by the 8 Illinois Pollution Control Board. That's not I 9 public interest, that's one party's interest. 10 The statute also says -- and i I 11 it's not a mandatory requirement, you don't have 12 to do it -- but it says the City may require fair 13 market compensation for a vacation. 14 Again, I haven't seen any 15 traffic study done in relation to the vacation 16 issue, I haven't seen any testimony from 17 appraisers or a written appraisal. 18 Now, you may have that in your 19 packets, but how do any of the eight of you 20 aldermen sitting there tonight know that there is 21 no value to that road? 22 Maybe if you put it up to 23 public auction you might be surprised the public 24 benefit for the City of Yorkville -- Depo Court Reporting Service (630) 983 -0030 175 1 (Applause) 2 MR. KRAMER: -- to sell that road. 3 Finally, I've been on both 4 sides of the fence, so I appreciate your patience 5 tonight. 6 From a planning perspective, if 7 I stood up here as a petitioner's attorney 8 tonight and told you I want you to approve a 9 development, and oh, by the way, the only place 10 that property fronts on a state highway I don't 11 want an entrance for a total of two miles, that's 12 what the vacation does to the east side of Route 13 71. 14 Now, the ordinance I've heard 15 tonight, it sounds somewhat similar to the 16 previous one you passed -- and I admit, Jason, 17 you did a nice job reading, but my ears are 18 getting old, so I don't follow everything -- but 19 if, in fact, the provision is still roughly the 20 same that the petitioner has said, if you do this 21 for me, if you will vacate that roadway, I'll 22 give you a new roadway someplace where we 23 meaningfully negotiate it, but not on my siting 24 property. Depo Court Reporting Service (630) 983 -0030 176 1 Well, where is the new road 2 going to go? Is it going to go in Oswego? Is it 3 going to go in Plano? Is it going to go in 4 LaSalle County? 1 5 You haven't gotten anything in 6 return. You've got an agreement to agree, which 7 is not a contract at all in law, so you've got 8 nothing for it. 9 In terms of my client, she is 10 an elderly lady, she has no plans on developing 11 her property, but ever is a long time, and what 12 we don't know is if a future petitioner comes in, 13 if that road is vacated, you would have Sleepy 14 Hollow go up about a half a mile, dead end with I 15 no turn around, and Yorkville emergency vehicles ! 16 would have to go back out to Walker Road two 17 miles up 71 to get there. 18 So those are all things that 19 mitigate against vacating that road, so we would 20 ask you to refuse to vacate. 21 Thank you. 22 (Applause) 23 MAYOR PROCHASKA: Okay. Thank you. 24 Someone else that would like to speak on the I Depo Court Reporting Service (630) 983 -0030 177 1 vacation? Mr. Gilmour? I'm sorry. I'll get you 2 next. 3 MR. GILMOUR: Tom Gilmour again, 23 4 Fox Glen Drive. First of all, in regards to us 5 speaking about the host agreement or anything, 6 you are inaccurate in trying to suppress us. We 7 have the right to talk. You may not. 8 And it adds an element in 9 regard to Sleepy Hollow Road. I cannot 10 understand how you can have a legal agreement 11 with someone before you've actually acquired the 12 property, and I'm referring to Sleepy Hollow 13 Road. You can't -- 14 MAYOR PROCHASKA: There is no 15 agreement -- the agreement is considered valid 16 until the application -- until the annexation, if 1 17 it happens, and you are correct, but this is a I 18 public hearing beginning that. 19 MR. GILMOUR: And it is pertinent to 20 the annexation. Once again, obviously the two 21 are connected and we still have a 180 -day clock 22 that's ticking away, yet we can't go back to i 23 square one. 24 We still have to march to the I Depo Court Reporting Service (630) 983 -0030 178 1 drummer, and you have the luxury of oh, we did it 2 wrong, let's go back and try it again. Something 3 seems fundamentally unfair here. 4 Thank you. 1 5 (Applause) 6 MAYOR PROCHASKA: Thank you. Sir. 7 WHEREUPON: 8 TIM JOHNSON, 9 testified before the Yorkville City Council as 10 follows: 11 MR. JOHNSON: My name is Tim 12 Johnson. I am a citizen of Yorkville. I live at 13 213 Leisure Street. 14 I've been a life -long resident 15 here, and I have driven down that road. It's a 16 nice road. Just wanted to let you know that. I l 17 do vote and I will vote. 18 I've made mistakes in the past. 19 I will correct them. 20 Thank you. 21 (Applause) 22 MAYOR PROCHASKA: Thank you. 23 Someone else that has anything to say about the 24 vacation at this time? Yes, ma'am. Please. Depo Court Reporting Service (630) 983 -0030 i 179 1 WHEREUPON: 2 LORI PATTEN 3 testified before the Yorkville City Council as 4 follows: 1 5 MS. PATTEN: M Y name is Lori Patten. I 6 I live at 279 Windham Circle, been in Yorkville 7 less than a year. 8 I do appreciate Alderman 9 Leslie's efforts to keep us apprised of the i 10 actual revised agreement for the vacating of the 11 land -- or the road. 12 It's obvious looking up here 13 today that you guys all don't talk as a group, 14 and if you are supposed to make decisions based 15 on all of us here, don't you think you could 16 share information with each other? 17 Alderman Spears had issues that 18 she had to raise to the other annexation 19 agreement that she wanted -- or the host 20 agreement that she wanted to add. No one else 21 knew that. 22 Dean Wolfer said that he 23 already turned his in to the lawyer. 24 How are we supposed to trust Depo Court Reporting Service (630) 983 -0030 180 1 all of you as a group to make decisions if you 2 are not united yourselves? 3 MAYOR PROCHASKA: This would be the 4 place where that discussion happens and you were 5 here to hear it. 6 MS. PATTEN: But do you not talk 7 about these issues before we come to the hearing 8 or are you not allowed to? I mean, is that 9 protocol? 10 MAYOR PROCHASKA: No. That's called 11 violation of the Open Meetings Act. That's the 12 whole issue. No more than two aldermen or Mayor 13 and one alderman can ever speak together on a 14 City issue, so the group of aldermen can't get 15 together somewhere and talk about this and not be 16 a public meeting. 17 MS. PATTEN: Okay. And I vote no to 18 vacate the road, and that was done -- that 19 agreement was done on August 8th, and then also 20 that coincides with the same date that the Fox 21 Moraine and the North Star Trust Company 22 agreement was done. That was also August 8th. 23 MAYOR PROCHASKA: I think -- I think 24 the date you've got, that's the date they formed Depo Court Reporting Service (630) 983 -0030 181 1 their thing, the actual vote didn't happen until 2 September. 3 MS. PATTEN: But they were both 4 formed on the same date because that article that 1 5 you read was done on August 8th and then this was 6 also August 8th. 7 MAYOR PROCHASKA: No. The trust was I 8 formed August 8th. That particular vote -- do we 9 still have that -- was done at a later date. 10 The first time it was voted on 11 was the 26th of September. I think what he was 12 reading was the trust formed on October 8 -- 13 MS. PATTEN: August 8th. 14 MAYOR PROCHASKA: Or August 8, yeah. 15 He was naming the trust because whenever it talks 16 about the trust, it says it was formed. 17 MS. PATTEN: And that was in there 18 and the annexation agreement was September 19th? 19 MAYOR PROCHASKA: 26th. 20 MS. PATTEN: Or 26th? Okay. So 21 that was before the annexation agreement. 22 MAYOR PROCHASKA: Correct. 23 MS. PATTEN: Okay. Thanks. 24 MAYOR PROCHASKA: Yes, sir. Depo Court Reporting Service (630) 983 -0030 182 1 WHEREUPON: 2 DOUG TENPIN, 3 testified before the Yorkville City Council as 4 follows: 5 MR. TENPIN: My name is Doug Tenpin 6 (phonetic). I live in Newark, Illinois. I farm 7 the Virginia Wells' Farm and I also travel Sleepy 8 Hollow Road probably every day, but the one thing 9 that just came to mind, you talked about there is 10 no importance to it. 11 I also farm the Richard Bohn 12 (phonetic) farm. They had a fire on their farm 13 this fall and it's the Newark Fire District, and 14 it was a rather large fire. They had to call 15 Yorkville to help them. If Yorkville could not 16 travel down Sleepy Hollow Road, they both 17 probably would have been dead. The fire went I 18 very quickly, got close to their house. 19 If they couldn't use Sleepy 20 Hollow Road, you would have had to come in from i 21 the east, which is down Sleepy Hollow -- or 22 Hollenbeck -- or Highpoint Road just off of Kern 23 Road, that comes up to 47. 24 There is only one reason that Depo Court Reporting Service (630) 983 -0030 183 1 that road has to be vacated. It's for one man. 2 And what is a life worth? 3 (Applause) 4 MAYOR PROCHASKA: Thank you. Okay. ' 5 Is there anybody else that would like to speak 6 on -- Sir. 7 ALDERMAN BESCO: Don't point at me. 8 MR. KORTE: Jared Korte again. 9 Timber Creek off 71. 10 I kind of wish I was a 11 Yorkville resident, maybe you guys would have a 12 little more -- work with me as a resident versus 13 a Kendall County resident. 14 I am against the vacation of I 15 the road. I ask that the Mayor and the Council 16 realize that I live in a great neighborhood with 17 large lots, large homes. 18 It's obvious that control is 19 the factor, and obvious you're not controlling 20 some of the developers that have been bad 21 neighbors in our -- in my environment. 22 Vacating the road is bad. I 23 use that road a lot to circumvent all the bad 24 traffic off of 47 and 71. We can use county I I Depo Court Reporting Service (630) 983 -0030 184 1 roads and roads as that to vacate -- or to 2 circumvent all the bad traffic, and I'm not sure 3 of the land owner's -- why they need this road 4 vacated, but I just think it's a bad idea. 5 Thanks. 6 (Applause) 7 MAYOR PROCHASKA: Okay. Is there 8 someone else that would like to speak? 9 WHEREUPON: 10 KELLY A. KRAMER, 11 testified before the Yorkville City Council as 12 follows: 13 MS. KRAMER: Good evening. Kelly 14 Kramer, and I am a resident of Yorkville. I live 15 at 514 West Madison Street in Yorkville. 16 And I realize the City has 17 previously entered into an annexation agreement 18 with the petitioner in this particular matter and 19 the ordinance authorizing the execution of that 20 annexation agreement was recorded on I 21 November 8th, 2006. 22 And I would direct the 23 Council's attention -- and I think Ms. Krasner 24 hit on this, on the annexation public hearing -- Depo Court Reporting Service (630) 983 -0030 185 1 to Page 6, Number 15, City assistance. 2 If you go halfway down -- 3 THE AUDIENCE: Can you use the mic? 4 MR. KRAMER: I'm sorry. If you go 5 halfway down in the City assistance section, it 6 says the owner contemplates the establishment of 7 a landfill on the subject property and, 8 therefore, the City agrees to adopt and keep into 9 effect a host agreement for the subject property. 10 The City also shall adopt any 11 required ordinances to cause the vacation of that 12 portion of Sleepy Hollow Road, followed by a 13 lengthy legal description that I won't bore you 14 with. 15 If you go to the end of that 16 particular paragraph, it says that any remaining 17 portion of Sleepy Hollow Road shall be vacated at 18 a future date upon request of the owner. 19 And I would just like to ask 20 the Council and the Mayor when do they anticipate 21 a vote on this particular ordinance and whether 22 or not they think they have any discretion in 23 passing this particular ordinance? 24 MAYOR PROCHASKA: Well, at this time Depo Court Reporting Service (630) 983 -0030 186 1 we kind of talked about that, that obviously that 2 couldn't happen until an annexation would happen. 3 Or are you talking in the future? 4 MR. KRAMER: I am talking the 5 ordinance that Mr. Leslie so eloquently read 6 prior. 7 MAYOR PROCHASKA: Okay. Well, 8 again, as stated with the annexation agreement, 9 that the -- that the very soonest that that could 10 be available for consideration would be two weeks 11 from today. 12 MS. KRAMER: Do you anticipate a 13 vote at this time? 14 MAYOR PROCHASKA: At this point in 15 time, I cannot give you an answer to that. 16 MS. KRAMER: Fair enough. Thank 17 you. 18 MAYOR PROCHASKA: Okay. 19 ALDERMAN SPEARS: First of all, I 20 think before we do vote on this that we have some 21 additional information. 22 I would like to request a 23 formal appraisal of the road. I think that the 24 entire Council needs to be aware of the value of Depo Court Reporting Service (630) 983 -0030 187 1 this road. 2 I would also like to request 3 the public interest, if our attorneys can -- or 4 the petitioner's attorney can provide that 5 information to us, I think that would be 6 appreciated. 7 And I would also like to 8 request where is this road going to be located if 9 there is going to be a replacement road. 10 And then I would like to state 11 also after our meeting where we did vote on the 12 vacation of Sleepy Hollow Road, September 26th, 13 we voted against it at the time and then Attorney 14 Philipchuck requested that it come back to the 15 Council and we voted that it could come back to 16 us again. I I 17 In between that time I did 18 receive a phone call from the attorney on my 19 answering machine. He left a home phone number, 20 a cell phone number and a work number, and 21 requested I call him back. 22 For obvious reasons I did not 23 return the call. I assumed that there was no 24 further discussion on my part regarding vacation Depo Court Repotting Service (630) 983 -0030 188 1 of the road. 2 I also received a second 3 message on my answering machine -- and again, 4 it's going to be he said, she said, because �,. 5 unfortunately, I did not keep these messages. I 6 have learned by my mistakes at this time. But 7 the message was, "Don spoke with Louie." 8 Now, I believe the key player 9 in here -- I had no last name -- would be, of 10 course, Mr. Hamman, and I don't think I see him 11 in this audience, I don't think he's been at any 12 hearings, and the second key player in this phone 13 call message would be I believe Mr. Louie Thurow. 14 I would like to ask you 15 directly once again, did Mr. Hamman speak with 16 you regarding vacation of the road and did you 17 reply everything is okay? 18 WHEREUPON: 19 LOUIS THUROW, 20 testified before the Yorkville City Council as 21 follows: 22 MR. THUROW: To the best of my 23 knowledge, I never talked to him about it and it 24 was never discussed, the closing of the road. Depo Court Reporting Service (630) 983 -0030 189 1 And my objection is because of 2 the safety of the area and that stuff, the road 3 shouldn't be closed because, like Mr. Tenpin 4 said, it is a -- it is a long ways between roads 5 to go between, and it's a safety issue that you 6 would want to keep it in. 7 The other thing is that what 8 bothers me about this closing the road is he's 9 going to give you another road. It won't include 10 Virginia Wells' property, which it has a road 11 right now of Sleepy Hollow, and I think you folks 12 should know that. I 13 You don't live up here and you 14 don't realize what we put up -- what we have to 15 do out there, and you don't have to live next to 16 it, and neither do you have to live near this 17 thing. 18 But I think you ought to 19 consider the people out there that have to be 20 with this road and have to have the closing of 21 it, it's an inconvenience to us locally, and it's 22 not a -- just a -- just a plain thing that you 23 can just say throw it away. I'll give you 24 another one, we don't know where that road is and Depo Court Reporting Service (630) 983 -0030 190 1 we don't know any part of that. 2 I think you folks have got a 3 real obligation here, and I think we ought -- 4 everybody should search their soul to find out is 1 5 this the right way to go. 6 I hope you can make the right 7 decision, but I never was told and I never 8 accepted that that road should be closed. 9 Thank you. 10 (Applause) 11 ALDERMAN SPEARS: Thank you. 12 MAYOR PROCHASKA: Is there someone 13 else? Can we call some more people up? Are you 14 done? 15 ALDERMAN SPEARS: Sure. 16 MAYOR PROCHASKA: I am just -- Okay. 17 Is there someone else that would like to speak on 18 the road? Yes, ma'am. 19 WHEREUPON: I 20 KAREN VOLTS, 21 testified before the Yorkville City Council as I 22 follows: 23 MS. VOLTE: My name is Karen Volte 24 and I live in Millbrook. I was a six -year Depo Court Reporting Service (630) 983 -0030 191 1 resident of Yorkville until I moved there. 2 I just wanted to ask you to 3 please not to vacate, and as you all will not be 4 looking at the beautiful landfill and be drinking 5 the lovely water, but if you would like, I would 6 probably bring you the water from my well after 7 it goes in, and just to let you know, I'm sure 8 everyone here would agree with me that this is 9 about money issues, and I wasn't here earlier, so 10 I don't know what was said, but my feeling is I 11 would much rather spend money on extra gas to go 12 out to Oswego or wherever I have to go to go do 13 my shopping instead of having it come into I 14 Yorkville for the tremendous growth because 15 obviously it's a money issue, and I think I can 16 speak on behalf of most people here would rather 17 spend money on gas than have everyone else come 18 in and -- Excuse me. I forgot my point, I'm so 19 sorry. 20 My point basically is is that 21 myself as a resident, I would much rather spend 22 money on gas going -- driving further out than 23 have Yorkville be what -- obviously what you guys 24 want it to become, and that would be wonderful Depo Court Reporting Service (630) 983 -0030 192 1 except for this lovely vacation of the road. I 2 am so sorry. Have a good night. 3 (Applause) 4 MAYOR PROCHASKA: Thank you. Any 5 other discussion on the vacation? We are on our 6 time line, but I guess we'll have to deal with 7 it. Yes, sir. Please come forward. 8 WHEREUPON: 9 JOE FAHEY, 10 testified before the Yorkville City Council as 11 follows: 12 MR. FAHEY: Hi. My name is Joe 13 Fahey, I live on out Lisbon Road in Kendall 14 County. I am also a School Board member, so if 15 they complain, you can blame me for taking you 16 over ten o'clock. 17 I've been here most of the 18 night and I have yet to hear any good reason why 19 this road should be vacated. I have a heard a 20 lot of reasons why it shouldn't be vacated. In 21 fact, I've used it. I live on Lisbon Road. 22 Sleepy Hollow Road runs about a mile parallel to 23 Lisbon Road, so I've used the road often. 24 But as this vacation hearing Depo Court Reporting Service (630) 983 -0030 193 1 has gone and the one previous, I've yet to hear 2 any good reason why the land should be annexed or 3 why this road should be vacated. 4 I've heard plenty of reasons l 5 why it shouldn't, but I have yet to hear -- I've 6 heard control, yet when I've heard people cite 7 the annexation agreement and vacation of the 8 road, all you are doing is giving up control, so 9 it seems to me the only control here is the 10 control over the money, whether it's the County 11 going to control the money or the City. 12 We've heard the possibility of 13 litigation, that's one of the reasons. Well, 14 we've been threatened that if we don't vacate 15 this road, Fox Moraine may sue. 16 Well, there may be -- if you do 17 vacate the road, there may be residents that sue 18 because of the vacation. 19 Same with the annexation 20 agreement. If you annex this and somewhere down 21 the road some use comes out of that property 22 that's against County ordinance, well, then 23 you're going to be sued because the County is 24 going to sue you. Depo Court Reporting Service (630) 983 -0030 194 1 So I think either way you go, 2 there's going to be litigation, so I don't think 3 that should be an overriding reason. 4 I mean, if that was the case, 5 that all you needed to do is threaten to sue and 6 someone would give in. I'd be making a lot more 7 money as an attorney than I have been. I 8 As a matter of fact, there is 9 two sides to every story, so I wouldn't let the i 10 threat of litigation either way affect your 11 decision. 12 But again, I have yet to hear a I 13 good reason why this road should be vacated. I 14 think Mr. Leslie read from the ordinance saying 15 that the City Council -- if it is passed, part of 16 that resolution will be the finding that the City 17 Council finds that there is no value in that road 18 or no public interest. Well, I don't know how 19 you could sit there and defend that. 20 I'm sure -- Mr. Kramer said it 21 more eloquently than I have, but I would bet 22 there would be plenty of bids on that road if you 23 put it up for sale. 24 Thank you. Depo Court Reporting Service (630) 983 -0030 i i 195 1 (Applause) 2 ALDERMAN WOLFER: Yeah. I came 3 tonight with a statement. I am going to give the 4 real condensed version, it is getting late. 1 5 But along with the changes that 6 I turned in to John to give to Derke, I also want 7 to remove the language that refers to supporting 8 a landfill on this application from the 9 annexation agreement. 10 I do believe that this language 11 doesn't hide bias towards the landfill on the j 12 Council's part and it is in direct conflict. The j 13 aldermen should remain impartial. 14 On the Sleepy Hollow Road 15 vacation, I am requesting that we separate the 16 vacation of Sleepy Hollow Road from the 17 annexation and let it go through the public 18 hearing process. 19 There is no -- It will not 20 hinder our City process, that can still stand, 21 our siting process can still stay on schedule, 22 but with all the comments we've heard tonight and 23 comments that I've heard from other people, I do 24 believe that we owe this to go through a public Depo Court Reporting Service (630) 983 -0030 196 1 hearing. 2 (Applause) 3 ALDERMAN BURD: I just would like to 4 say that Alderman Spears and I have voted against 5 vacating this road all the times it came up 6 and from the -- I i 7 (Applause) 8 ALDERMAN BURD: Tonight we were 9 supposed to approve the minutes from the October 10 24th meeting, and I would like to just reiterate I 11 what I said then. 12 I was told by our attorneys 13 that my fiduciary duties as an alderman would 14 require me to vote for vacating this road because 15 of the annexation agreement, and what I said at 16 that time was it just doesn't make sense to me 17 that a state statute would require a 75 percent 18 vote of the aldermen if the state did not mean 19 for the Council to exercise each person's best 20 judgment on this issue. 21 Why would our state legislature 22 require us to take a vote that caused us to have 23 a 75 percent majority to pass if they meant for 24 us to just rubber stamp something that was in an Depo Court Reporting Service (630) 983 -0030 197 1 agreement passed by a simple majority? It just 2 doesn't -- It's not a common sense thing to do. 3 And the other thing I felt 4 was -- and this is in the minutes, too -- that I 5 don't think that -- like some of you have said, 6 that we should have anyone telling us, any -- 7 any -- any people threatening us, making us vote 8 in a certain way. 9 (Applause) 10 ALDERMAN BURD: We should vote what 11 we think is best by our own opinions and for the 12 community, and I really think that we all need to 13 consider this and look at it from a common sense 14 standpoint and try to do what we think our 15 constituents would want us to do and what is best 16 for the community and each of us weigh it that i 17 way and not be influenced by these threats of 18 litigation because, like some people have clearly 19 pointed out, everybody and their brother right I 20 now is threatening to sue us, so I think we need j 21 to use our own common sense and best judgment. 22 (Applause) 23 ALDERMAN WOLFER: I just want to 24 make it very clear I will not be influenced by Depo Court Reporting Service (630) 983 -0030 198 1 either side. I am keeping an open mind. 2 I do want to see this go 3 through the public comment process, but I will 4 not say how I am going to vote. I will listen to 5 both sides. And I guess that's it. i 6 ALDERMAN SPEARS: May I add 7 something to that? 8 MAYOR PROCHASKA: Yes, you may, 9 ma'am. 10 ALDERMAN SPEARS: Oh, I'm sorry. I 11 think before we even go through the public 12 hearings that once again I'd like to request that 13 we do receive the formal appraisal and we 14 receive, identifying what the public interest is 15 and all the other requirements. 16 I would like to ask that we 17 receive all the evidence before we even schedule 18 a public hearing to discuss this once again. 19 (Applause) 20 ALDERMAN WOLFER: I respectfully 21 caution we still have that 180 -day time clock 22 ticking. Until we get a judgment, if we get one, 23 that has stopped, and we cross that line, you are 24 in very real danger of getting a landfill that Depo Court Reporting Service (630) 983 -0030 199 1 you do not want. 2 So until that hundred -- until 3 we get a ruling, everything is opinion until I 4 get a ruling, so I caution that we have to keep 5 the siting process going while we are listening 6 to this. 7 MR. GILSON: May I comment to that? 8 MAYOR PROCHASKA: At this point we 9 are still just talking about the vacation. I 10 know. I understand. 11 ALDERMAN SPEARS: I would like to 12 make one quick comment also. I 13 MAYOR PROCHASKA: Okay. All right. 14 We need to -- 15 ALDERMAN SPEARS: I just want to 16 make one quick comment. My personal opinion is J 17 let's start the clock over again. 18 (Applause) 19 MAYOR PROCHASKA: All right. Well, 20 okay. Whether all of us want that or not, what 21 we don't know is if that is possible, and the 22 err -- the judgment that has been said is that 23 you continue until it's shown that that can 24 happen. Depo Court Reporting Service (630) 983 -0030 200 1 Mr. Gilson, did you have 2 something you wanted to say? 3 MR. GILSON: Dean, I just wanted to 4 respond to your comment about the vacation of the 5 road. 6 If the road doesn't get 7 vacated, it changes the design of that 8 landfill -- 9 MAYOR PROCHASKA: Okay. Well -- 10 MR. GILSON: -- which means that I 11 there has to be a refile of that application -- 12 MAYOR PROCHASKA: Okay. Well -- 13 we -- 14 MR. GILSON: -- so that will stop 15 the 180 -day clock. I'm not talking about the 16 substance of the application. i 17 MAYOR PROCHASKA: Sir -- I 18 MR. GILSON: I am talking about the 19 vacation of the road. 20 MAYOR PROCHASKA: You are going 21 beyond the -- 22 MR. GILSON: No, I'm not. No, I'm 23 not. 24 MAYOR PROCHASKA: Jen, did you want Depo Court Reporting Service (630) 983 -0030 201 1 to come down? Please, come on down. 2 WHEREUPON: 3 JENNY LUNN, 4 testified before the Yorkville City Council as 5 follows: 6 MS. LUNN: Jenny Lunn (phonetic), 7 122 Blackberry Lane, Yorkville, Illinois. 8 Art, maybe I heard you wrong at 9 a prior meeting, but I thought I heard if the 10 annexation process was stopped that everything 11 had to go back and be restarted from 180 days. 12 MAYOR PROCHASKA: No, I never did 13 say that it had to stop. No. What we said was 14 we did not -- no. 15 ALDERMAN WOLFER: The point is 16 whatever was said, it does not stop the 180 -day 17 clock according to the attorneys that we have 18 talked to. 19 Until there is a judgment or a 20 challenge and an actual ruling, we don't know for 21 sure, so the danger is if you pass that 180 days, 22 that that will go to the state. 23 MR. GILSON: If we give you a legal 24 opinion differently than that, would you consider Depo Court Reporting Service (630) 983 -0030 202 1 it? 2 ALDERMAN WOLFER: Well, that 3 actually would get automatically approved at that 4 point, you are correct. 5 MAYOR PROCHASKA: You would need to 6 turn that in to attorneys. 7 MR. GILSON: If we provide you with 8 a different legal opinion, that the vacation will 9 stop the 180 -day file -- 10 MAYOR PROCHASKA: You need -- Well, 11 all attorneys can give us a lot of things. 12 For the record, the night that 13 I said that, I asked the question, actually I 14 posed the question, is would we want to take that 15 gamble because we didn't know what the answer 16 would be, and I know I did -- I did say that, I 17 so yes. 18 ALDERMAN BURD: I thought that 19 tonight was a public hearing -- I thought tonight 20 was the public hearing and that the next thing 21 would be a vote on this. 22 Is there going to be another 23 public hearing on this process? I mean, is that 24 part of the process? We have two public hearings Depo Count Reporting Service (630) 983 -0030 203 1 on this now? 2 MAYOR PROCHASKA: If the attorney 3 would answer, I am suggesting that this -- this 4 is the public hearing. Now, it would be up to -- 5 it is up to the Council to decide if they would 6 now want to take this up for consideration or if 7 there is other issues that have to come along or 8 if you want to look at it more, that is why when 9 I was asked the question, can I guarantee that 10 this will be voted on in two weeks, no, I cannot, 11 because I do not know what the Council's pleasure 12 will be as far as moving on with this, so -- 13 Okay. We are now beyond the 14 time, but, Mr. Milliron, if you've got one last 15 thing, short. 16 MR. MILLIRON: Sure. I 17 MAYOR PROCHASKA: Short. 18 MR. MILLIRON: It will be pretty 19 short. 20 There is another solution to 21 this problem. You could have Jack forward the 22 citizen's petition to the County Clerk and let's 23 get it on the ballot. 24 MAYOR PROCHASKA: Okay. That is now Depo Court Reporting Service (630) 983 -0030 I 204 1 completely off that subject. 2 MR. MILLIRON: No, it isn't, but -- 3 MAYOR PROCHASKA: Yes, it is. 4 MR. MILLIRON: -- that's a solution 5 that could be tried and let us decide. That 6 statute is plainly clear about what that is, Art. 7 MAYOR PROCHASKA: Sir, we are 8 talking about vacation of the road. 9 MR. MILLIRON: Well, that's related 10 to the vacation of the road. 11 So, Dean, let me see if I 12 understood you correctly. Basically what I heard 13 was that once you guys vote to annex and get 14 jurisdiction, at that point in time you will do 15 the road vacation procedures at that point in 16 time. Is that correct? i 17 ALDERMAN WOLFER: I would like to 18 see that separate so long as we can keep the 19 siting process on track because so far all I've 20 heard was opinions and opinions will get you a 21 landfill. 22 If it goes across 180 days and 23 you are wrong in those opinions, they get it by 24 default, so I need an actual judgment. Depo Court Reporting Service (630) 983 -0030 205 1 MAYOR PROCHASKA: You need to 2 stay -- we need to stay off -- we need to stay -- 3 we do -- 4 MR. MILLIRON: Okay. What I heard 5 was -- 6 MAYOR PROCHASKA: I know it's 7 getting late, we want to -- we really need to -- 8 if there is any more comments on the vacation of 9 the road. 10 MR. MILLIRON: So once you get 11 jurisdiction, then we'll have a new public 12 hearing, assuming you vote that way? 13 MAYOR PROCHASKA: That was the 14 recommendation he did make. 15 MR. MILLIRON: All right. Thank 16 you. 17 MAYOR PROCHASKA: That was the 18 recommendation he made, yes. 19 Is there any other discussion 20 on the vacation of the road? 21 (No response) 22 MAYOR PROCHASKA: If not, I would 23 entertain a motion to close this public hearing. 24 ALDERMAN WOLFER: So moved. Depo Court Reporting Service (630) 983 -0030 206 1 ALDERMAN LESLIE: Second. 2 MAYOR PROCHASKA: Moved and 3 seconded. May I have roll call, please? 4 MS. MILSCHEWSKI: Burd. 5 ALDERMAN BURD: Aye. 6 MS. MILSCHEWSKI: Spears. 7 ALDERMAN SPEARS: Aye. 8 MS. MILSCHEWSKI: Bock. 9 ALDERMAN BOCK: Aye. 10 MS. MILSCHEWSKI: Besco. 11 ALDERMAN BESCO: Aye. 12 MS. MILSCHEWSKI: Leslie. 13 ALDERMAN LESLIE: Aye. 14 MS. MILSCHEWSKI: Wolfer. 15 ALDERMAN WOLFER: Aye. 16 MS. MILSCHEWSKI: James. 17 ALDERMAN JAMES: Aye. 18 MAYOR PROCHASKA: Okay. Before we 19 move -- We have one more public hearing that we 20 have to formally go through, but this one the 21 petitioner has asked that it be postponed, so at 22 this time I would entertain a motion to go into 23 public hearing for PC 2006 -93, Rush - Copley 24 Medical Center, petitioners, has filed an Depo Court Reporting Service (630) 983 -0030 207 1 application with the United City of Yorkville, 2 Kendall County, Illinois, requesting rezoning 3 from United City of Yorkville 0 Office District, 4 United City of Yorkville Planned Unit Development 5 Zoning and preliminary PUD. 6 The real property consists of 7 approximately 44.12 acres located south of 8 Veteran's Parkway just to the -- adjacent to the 9 Fox Hill subdivision, Yorkville, Kendall County, 10 Illinois. And put this all in the motion? Okay. 11 We need to open the hearing. 12 ALDERMAN WOLFER: So moved. 13 ALDERMAN BURD: Second. 14 MAYOR PROCHASKA: Moved and 15 seconded. May I have roll call, please? 16 MS. MILSCHEWSKI: Burd. 17 ALDERMAN BURD: Aye. 18 MS. MILSCHEWSKI: Spears. 19 ALDERMAN SPEARS: Aye. 20 MS. MILSCHEWSKI: Bock. 21 ALDERMAN BOCK: Aye. 22 MS. MILSCHEWSKI: Besco. 23 ALDERMAN BESCO: Aye. 24 MS. MILSCHEWSKI: Leslie. Depo Court Reporting Service (630) 983 -0030 208 1 ALDERMAN LESLIE: Aye. 2 MS. MILSCHEWSKI: Wolfer. 3 ALDERMAN WOLFER: Aye. 4 MS. MILSCHEWSKI: James. 5 ALDERMAN JAMES: Aye. 6 MAYOR PROCHASKA: Okay. We are in 7 public hearing. With that, I would entertain a 8 motion to close and postpone this public hearing 9 to the February 13th, 2007 City Council meeting. 10 ALDERMAN BESCO: So moved. 11 ALDERMAN BURD: Second. 12 MAYOR PROCHASKA: Moved and i 13 seconded. May I have roll call, please? 14 MS. MILSCHEWSKI: Burd. 15 ALDERMAN BURD: Aye. 16 MS. MILSCHEWSKI: Spears. 17 ALDERMAN SPEARS: Aye. 18 ALDERMAN BOCK: Bock. 19 ALDERMAN BOCK: Aye. 20 MS. MILSCHEWSKI: Besco. 21 ALDERMAN BESCO: Aye. 22 MS. MILSCHEWSKI: Leslie. 23 ALDERMAN LESLIE: Aye. 24 MS. MILSCHESKI: Wolfer. Depo Court Reporting Service (630) 983 -0030 209 1 ALDERMAN WOLFER: Aye. 2 MS. MILSCHEWSKI: James. 3 ALDERMAN JAMES: Aye. 4 MAYOR PROCHASKA: Okay. That public 5 hearing is closed. 6 (Which were all the 7 proceedings had in 8 the public hearing 9 portion of the 10 meeting.) 11 --- 000 - -- 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 210 1 STATE OF ILLINOIS ) ss: 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing. 14 IN WITNESS WHEREOF I have hereunto set 15 my h this day of 16 ----- ----- - - - - -- 2007. 17 18 19 Z? 20 / --------------------- RISTINE M. VITOSH, C.S.R. 21 CSR License No. 084 - 002883 22 23 24 Depo Court Reporting Service (630) 983 -0030 211 $10,000 74:18, 74:18 2006 -115 157:7 6,000 164:14, 164:14 above - entitled 1:7 $20,000 6:18, 6:18 2006 -119 3:13 65 152:16 absent 173:20 oOo - -- 209:11 2006 -9 17:14, 35:23, 7 32:18, 33:3, 51:5, Absolutely 29:11, 06 -999 153:5, 154:1, 206:23 72:3 103:1, 113:21, 156:21 2007 208:9 70 156:23 173:11 06 -9993 35:16, 50:20 2007. 210:18 71 17:24, 32:23, abut 33:14 084- 002883 210:24 20th 49:9 32:24, 72:4, 147:20, abutting 45:11 1 154:2, 185:1 213 178:13 148:1, 152:13, accept 116:18, 118:4 1. 32:1 22 85:24 156:24, 175:13, accepted 190:8 J 1.5 31:22 23 37:24, 38:22, 176:17, 183:9, access 6:23, 166:14, 100 5:15, 23:9 147:22, 148:6, 177:3 183:24 171:1 100 -year 25:9, 23rd 3:7 75 196:17, 196:23 accommodate 42:7 25:12, 25:21 24th 196:10 759.7 51:4 accordance 65:7, 10:0 147:13, 147:13 24x7 92:22 760 170:4, 170:5, 116:14 10:00 129:1, 129:1 26 148:3 170:5 according 143:20, 117 5:15 26th 167:6, 181:11, 7:00 1:9, 1:9 201:17 12 55:10 181:19, 181:20, 7th 21:16, 29:22 account 6:19 12,000 23:17, 23:17, 187:12 8 181:12, 181:14 acquired 177:11 30:20, 30:20, 31:17, 279 179:6 80 23:9 acre 22:6, 22:17, 31:17 3 154:16 800 1:9 22:19, 30:21, 30:23, 122 201:7 30 66:10 135:5 84 5:16 31:1, 31:17, 31:23, 13th 208:9 34 36:8, 108:19 89 148:2 33:4, 34:2 14 147:22 36 147:22 8th 115:11, 180:19, acres 13:15, 13:15, 14765 25:3 365 92:22 180:22, 181:5, 181:6, 17:23, 19:23, 22:15, 15 71:13, 71:14, 37 19:23, 31:24 181:8, 181:13, 23:11, 30:23, 32:1, 76:14 37.55 17:23 184:21 36:7, 51:4, 170:4, 16 67:11 4 26:24 9 37:19, 38:2, 39:1 170:5, 170:6, 207:7 16th 74:22, 116:16 405 53:24 9 -26 74:12 across 103:19, 17 81:7 43,560 31:17, 31:17 9 -28 74:10 142:9, 204:22 17th 112:21, 112:23, 44 24:8 90 7:8, 93:10 Act 135:20, 135:21, 123:16, 129:18 44.12 207:7 135:24, 136:20, 180 201:11, 201:21, 4500 27:18 137:16, 137:23, 204:22 455 129:13 <A> 180:11 180 -day 177:21, 47 32:24, 36:8, 46:6, A -1 17:19, 51:1, acting 87:8, 136:24, 198:21, 200:15, 182 :23, 183:24 51:2, 85:10, 85:10, 137:1, 137:4 201:16, 202:9 48 141:22 85:11, 85:16, 88:13, action 124:18 19 -day 74:24 5.7 36:7 88:14, 90:19, 91:2, actions 124:2, 1935.49 148:4 5/11 -91- 152 :16 94:22, 95:2, 96:10, 124:22 19th 181:18 50 38:1, 38:23, 98:5, 100:1, 100:12 acts 65:12 1 st 138:4 42:20, 43:4, 44:1 A. 184:10 actual 13:8, 21:19, 2 154:11 500 54:10 abide 41:19, 77:7 21:20, 84:13, 107:1, 20 37:24, 38:1, 500 -foot 91:9 ability 121:2 115:22, 144:16, 38:22, 38:23, 44:1, 514 184:15 able 14:1, 24:4, 148:10, 150:9, 155:1, 49:15 53 19:24, 31:24 53:12, 66:14, 70:7, 155:7, 155:20, 200 74:22, 76:17 55 148:2 94:17, 133:24, 179:10, 181:1, 2001 37:18, 38:5, 58 47:9 147:14 201:20, 204:24 40:18 5th 77:16 abomination 26:23 Actually 12:15, 2006 64:9, 184:21 6 185:1 above 26:1 24:15, 25:11, 33:20, Depo Court Reporting Service (630) 983 -0030 212 41:13, 41:20, 45:14, 105:1, 105:12, 196:18 104:11, 111:5, 111:6, 46:14, 47:20, 67:15, 105:15 alderpeople 96:7, 124:24, 128:18, 84:14, 85:8, 101:11, advisory 71:16 99:14 130:8, 136:19, 137:2, 102:3, 135:23, affair 102:5 Alderpersons 54:1 162:16, 193:20, 138:22, 142:14, affect 194:10 ALEX 140:17, 204:13 143:21, 158:6, affected 58:2, 58:23, 140:20, 140:21, annexation. 82:23 158:11, 159:23, 60:6, 60:16, 61:13, 140:24, 141:10, annexations 29:7, 160:11, 162:20, 62:18, 68:20, 128:16, 141:15, 141:18, 167:22 168:5, 168:12, 170:19, 172:6, 142:3 Annexed 23:19, 168:15, 170:17, 172:11, 172:23 algae 48:1 57:1, 64:16, 64:24, 177:11, 202:3, aforesaid 210:14 Allegiance 3:1 65:3, 70:12, 85:15, 202:13 afraid 28:9 alleviate 60:4 102:9, 102:16, Adamantly 141:2 afternoon 75:10, allow 23:15, 39:2, 115:13, 123:21, add 13:14, 20:24, 75:11 56:3, 64:12, 65:6, 130:9, 133:4, 136:17, 179:20, 198:6 afterthought 167:9 81:10, 81:23, 124:8, 137:16, 137:22, additional 11:23, agenda 17:12, 126:24, 133:10 143:16, 143:18, 13:13, 64:13, 186:21 30:15, 67:17, 115:4, allowed 5:23, 7:16, 143:19, 144:11, address 5:9, 12:12, 141:14 71:6, 81:12, 123:22, 157:7, 159:23, 160:6, 12:23, 24:19, 27:10, agent 13:12 180:8 161:7, 161:24, 39:9, 113:16, 113:19, ago 6:6, 32:20, allowing 31:3, 81:6, 168:19, 193:2 122:16, 131:21, 32:21, 71:13, 92:9 110:20 annexes 146:8 171:11, 171:11 agree 96:13, 122:10, almost 32:21, annexing 64:14, addressed 15:13, 123:3, 171:21, 176:6, 131:10 90:7, 94:4, 99:1, 131:12 191:8 already 5:8, 9:20, 128:17, 139:21, addressing 107:3 agreeable 157:2 57:13, 59:9, 61:22, 140:5, 140:8 adds 177:8 agreed 60:22, 99:15 78:6, 86:20, 96:10, annextion 111:2 adjacency 167:18 agreeing 96:23, 100:13, 149:3, 169:6, Answer 20:4, 23:15, adjacent 17:24, 128:18 179:23 30:20, 39:6, 58:7, 20:18, 23:24, 25:23, agreements 64:13, although 6:18, 9:22, 63:11, 63:18, 68:15, 207:8 86:19, 97:3, 97:4, 10:16, 159:2 68:17, 70:14, 85:7, adjoining 153:5, 100:2 amazing 109:6 96:19, 117:11, 124:8, 153:11, 153:18 agrees 64:1, 95:5, amendment 36:3, 131:8, 131:23, adjunct 111:10 95:12, 95:22, 98:19, 37:18, 37:20, 40:15 141:17, 141:19, adjustments 38:14 123:20, 156:22, amenity 27:15 186:15, 202:15, administration 72:8 185:8 amiss 105:21 203:3 Administrator 2:10 Agricultural 51:2, amount 9:1, 9:7, answered 58:11, admit 175:16 85:10, 85:14, 88:1 24:2, 46:24 68:16, 131:24, adopt 95:22, 95:24, aha 163:19 analysis 125:21, 132:10 98:19, 185:8, 185:10 ahead 15:3, 24:6, 125:22, 126:3, 139:6, answering 23:13, adopted 134:1 56:10, 77:20, 131:22 139:9, 139:20 187:19, 188:3 Adrienne 67:9 air 118:19 angle 41:17, 41:19, answers 128:10, advice 59:12, 59:16, Al 82:15, 82:18 41:20 166:10 60:10, 63:3, 121:11, aldermanic 62:1 ANN 2:9 anticipate 185:20, 121:12, 121:17, aldermen 105:2, annex 30:13, 67:23, 186:12 123:24, 131:1, 131:2, 107:10, 117:3, 120:1, 68:8, 68:24, 69 :5, anticipated 39:4, 131:5 121:3, 121:21, 127:7, 69:16, 70:17, 70:17, 42:17, 42:18, 44:16 advise 59:14, 126:21 174:20, 180:12, 74:24, 75:11, 85:2, anybody 13:9, 39:8, advised 100:9, 180:14, 195:13, 91:1, 103:8, 103:13, 183:5 Depo Court Reporting Service (630) 983 -0030 213 anyway 77:21, 99:5, approval 19:21, aspects 59:17, 124:14, 125:18, 142:2, 171:7, 171:13 98:12, 98:17, 98:24, 64:23 134:13, 156:9, 185:3, apologize 138:18, 105:13, 154:18, asserting 65:15 188:11 155:23 174:7 assessments 6:4 August 180:19, Apparently 14:19, approvals 95:8, asset 8:14, 123:8 180:22, 181:5, 181:6, 145:22, 166:17 95:14 assets 8:13 181:8, 181:13, appear 157:2 approve 175:8, assist 123:8 181:14 appeared 2:18 196:9 Assistance 76:14, Authority 64:9, appears 76:19 approved 5:15, 95:5, 95:6, 185:1, 131:7 applicant 61:1, 61:5, 11:18, 202:3 185:5 authorizing 184:19 61:7, 61:10, 135:3 approving 116:5 Association 5:1, 5:3, automatically 202:3 application 17:15, Approximately 5:16, 5:14, 5:16, 5:20, available 64:17, 32:9, 35:17, 36:1, 6:6, 6:18, 7:7, 17:23, 5:23, 6:4, 6:10, 6:17, 94:8, 143:9, 186:10 50:22, 56:6, 57:1, 19:23, 23:17, 27:18, 7:3, 7:15, 7:16, 8:12, Avenue 42:21, 43:24 57:13, 60:7, 68:3, 30:22, 36:7, 51:4, 9:18, 10:2, 11:8, average 31:16 77:15, 77:17, 88:22, 207:7 11:12, 11:15, 45:11, avoid 7:19 90:21, 101:22, 103:4, April 112:21, 112:23 46:20, 47:1, 47:5 aware 99:10, 118:17, 136:24, 137:5, arbitrary 155:19 associations 7:22, 186:24 137:16, 137:18, Arden 145:1, 145:4 9:12, 9:19, 9:21, away 75:5, 87:2, 137:20, 138:4, Area 3:13, 5:13, 8:7, 11:22, 12:7 171:4, 177:22, 139:14, 164:19, 9:7, 11:14, 12:1, assume 10:15, 189:23 177:16, 195:8, 24:9, 24:12, 25:14, 132:5 200:11, 200:16, 25:17, 31:9, 39:1, assumed 6:10,10:7, 207:1 40:23, 41:15, 43:5, 187:23 < B > applied 103:21 46:21, 63:7, 68:20, assuming 88:13, B. 52:22 applies 135:22 86:8, 152:24, 189:2 161:15, 161:16, back 6:22, 9:8, 11:5, apply 88:23, 90:2, areas 37:23, 38:1, 205:12 12:2, 23:5, 24:18, j 103:22, 103:22, 41:7, 41:9, 41:10, assumption 169:16 35:20, 40:18, 46:1, 103:23, 104:2, 136:9, 41:11, 41:12 attached 84:10, 49:9, 57:12, 59:16, 158:24 arguably 65:15 115:3, 152:21, 78:20, 78:24, 80:5, applying 90:2, 90:3, argued 47:16 152:23, 154:15 81:20, 84:7, 89:5, 95:7 Aristotle 128:13 attend 115:9 93:9, 94:1, 99:3, appraisal 174:17, arm 75:20, 75:22 attended 14:20 126:22, 138:22, 186:23, 198:13 Army 83:21, 164:16, attention 75:7, 147:18, 171:14, appraisers 174:17 166:7 184:23 171:20, 176:16, appreciate 28:21, around 25:15, 47:22, Attorneys 8:2, 63:6, 177:22, 178:2, 34:3, 56:1, 66:10, 55:8, 75:20, 75:22, 63:20, 105:1, 105:13, 187:14, 187:15, 116:9, 129:23, 77:2, 110:6, 112:18, 106:17, 121:14, 187:21, 201:11 129:24, 132:14, 124:17, 139:22, 121:20, 125:16, back -up 9:17, 11:1 175:4, 179:8 176:15 126:7, 126:16, 131:4, background 63:5, appreciated 187:6 arrangement 46:7 187:3, 196:12, 122:5 apprised 179:9 arrogance 72:7 201:17, 202:6, backing 28:11 approach 90:4 Art 32:21, 33:22, 202:11 backroom 75:1 approached 46:22 62:5, 73:8, 73:14, auction 174:23 backs 60:8 approaching 42:21, 75:20, 76:11, 93:20, AUDIENCE 12:22, bad 109:10, 183:20, 43:2 168:22, 201:8, 204:6 15:15, 16:3, 23:4, 183:22, 183:23, appropriate 46:15, ARTHUR 2:2 39:8, 52:8, 68:14, 184:2, 184:4 88:14 article 105:5, 181:4 83:14, 88:5, 118:15, bag 102:24 Depo Court Reporting Service (630) 983 -0030 i 214 balance 128:14 believe 12:5, 22:10, bias 195:11 bottom 75:7, 75:8 ball 61:22 28:15, 30:14, 54:22, biased 135:8 Boulevard 170:21 ballot 203:23 68:23, 80:7, 80:11, bids 194:22 bound 109:5 band -aids 86:20 81:9, 88:7, 92:6, big 22:5, 42:11, boundaries 145:13 bank 6:19 92:14, 92:20, 92:23, 71:11, 72:4, 75:12, boundary 43:13, Barberry 129:14 95:18, 97:3, 118:3, 75:15, 76:15, 80:13, 138:2, 142:24, barred 14:17 122:2, 129:18, 130:5, 167:17 143:23 barrier 54:12 131:14, 131:23, bigger 40:20 box 40:20, 41:22, barring 14:2 133:20, 142:24, biggest 11:2, 77:21 41:23, 42:7, 42:11, Bart 29:2 155:14, 188:8, bills 6:9 75:8 BARTELL 4:18, 188:13, 195:10, binding 64:22 boxes 26:22, 42:13 4:21, 4:22, 12:19 195:24 bit 15:8, 30:9, 42:17, Boy 163:10 Based 5:5, 9:14, belong 116:7 44:18, 90:1, 118:18, branch 25:19 63:23, 101:22, 114:2, beneficial 32:8, 91:6 162:8 breach 114:9, 122:21, 139:5, 154:6, benefit 40:1, 91:8, Blackberry 201:7 114:18, 114:21, 156:14, 162:11, 125:22, 139:6, 139:9, blame 192:15 135:2, 135:11, 179:14 139:20, 174:24 blatant 72:8, 76:19 135:16 basement 31:14 Bernadette 33:13, bleeding 109:10, breached 65:10, basic 38:3, 38:8 33:15 109:10, 109:11, 120:24 Basically 25:4, BESCO 2:8, 4:6, 4:7, 109:24 breaches 65:5 33:12, 37:22, 41:2, 17:7, 17:8, 18:8, blocking 60:7, breath 156:11 41:4, 42:7, 44:14, 18:9, 35:9, 35:10, 103:11 Brestal 19:10 97:7, 191:20, 204:12 37:2, 37:3, 49:21, blood 109:11 brief 5:5, 12:8, basin 48:2 50:11, 50:12, 51:8, Board 5:2, 6:1, 8:22, 13:16, 129:11, basis 123:5, 162:21 51:21, 51:22, 147:3, 11:17, 29:24, 30:10, 129:16, 134:21 BATHWORTH 66:1, 147:4, 149:15, 77:18, 78:13, 130:20, briefly 13:6 66:4, 66:4, 66:20 149:16, 170:21, 174:8, 192:14 Brighton 20:19, Beacon 63:23, 183:7, 206:10, Bob 57:21, 58:1, 20:21, 27:14, 33:13 j 71:24, 104:24 206:11, 207:22, 165:21 Bring 55:4, 79:19, bear 107:14 207:23, 208:10, BOCK 2:7, 3:9, 3:18, 80:15, 86:15, 92:13, bears 148:2 208:20, 208:21 3:19, 17:9, 17:10, 96:23, 106:11, beautiful 191:4 besides 76:18 18:20, 18:21, 34:18, 115:22, 165:9, 191:6 became 65:3 best 12:12, 38:6, 35:7, 35:8, 36:11, bringing 66:7, 94:22, become 48:1, 54:7, 65:15, 73:2, 121:13, 36:24, 37:1, 50:9, 95:1, 96:9, 99:24, 89:3, 90:18, 191:24 125:10, 125:10, 50:10, 51:7, 51:19, 100:12 becomes 85:3, 126:17, 126:18, 51:20, 147:1, 147:2, brother 197:19 146:8, 157:5 174:3, 188:22, 148:7, 149:13, brought 14:11, becoming 15:21, 196:19, 197:11, 149:14, 206:8, 206:9, 14:13, 14:16, 131:19, 55:9 197:15, 197:21 207:20, 207:21, 131:24, 163:4, beg 87:3 bet 104:10, 159:7, 208:18, 208:18, 164:12, 167:15, begin 169:23 194:21 208:19 167:17, 168:21, beginning 121:12, bets 104:10 bodies 95:11 170:13 177:18 better 38:10, 58:4, Bohn 182:11 Brown 84:21, 84:24, begins 117:8 86:17, 121:6, 126:24, boom 167:16, 84:24 behalf 2:18, 5:2, 172:16 167:16, 167:16, Buffalo 4:23 191:16 beyond 101:13, 167:16 buffer 38:22, 41:14, behind 45:21, 125:1, 166:5, 200:21, bore 185:13 42:4, 45:20, 46:9 125:1, 159:10 203:13 bothers 189:8 buffering 46:2 Depo Court Reporting Service (630) 983 -0030 215 build 155:17,171:7 CARLSON 133:15, 48:24, 74:18, 128:14 close 14:23, 34:16, building 24:8, 37:24, 133:18,133:19, Chicago 54:5, 55:13, 49:19, 68:19,134:10, 38:23, 41:1, 41:2, 134:7 64:1, 79:10, 79:15, 144:21, 146:12, 41:3, 41:23, 42:10, carried 4:8, 17:11, 79:15, 79:16, 81:13, 182:18, 205:23, 44:5, 44:8, 44:15, 18:22, 35:11, 37:4, 81:14, 81:17, 81:17 208:8 44:21 50:15, 52:1, 147:9, children 66:13, closed 147:10, buildings 39:2, 39:3, 149:21 107:19,108:4, 189:3, 190:8, 209:5 46:1 case 65:2, 157:24, 108:20,109:13, closely 20:2, 75:19 built 155:12 194:4 109:17 closer 40:2, 44:16, ( bunch 74:3, 74:14, cases 127:16 China 134:2, 134:3 44:18, 45:14 118:24 cat 102:23 choosing 139:9 closing 16:15, burden 62:17, Cattle 77:15 CHRISTINE 1:8, 188:24, 189:8, 153:15 caught 109:22 210:6, 210:23 189:20 burdens 60:5 cause 16:1, 61:21, Circle 129:14, 179:6 clubs 109:2 buried 164:14 96:1, 153:10,185:11 circled 74:21 Cobine 19:10 Burt 37:15 caused 196:22 circumstances Code 64:9, 64:12 business 14:3, caution 198:21, 130:12,158:22 coerced 135:15 14:18, 65:12, 77:5, 199:4 circumvent 183:23, coincides 180:20 77:6, 78:4, 111:8, cautious 59:20, 184:2 collected 6:9, 11:11 132:9, 210:8 59:24 cite 193:6 collective 76:24 butts 31:5 cell 187:20 citizen 107:11, collectively 72:22 Center 35:24, 38:4, 113:8, 178:12, collects 31:10 206:24 203:22 College 111:11 < C > certain 38:1, 41:10, citizens 58:23, 78:4, COLOSIMO 110:15, C.S.R. 1:8, 210:23 41:10, 42:14, 46:24, 113:3, 171:8, 172:9 110:18, 110:21, call 3:17, 16:20, 197:8 city -type 24:5 111:22, 113:2 18:7, 31:6, 34:20, Certainly 4:15, civil 19:16, 24:16 comes 13:20, 29:14, 36:13, 49:24, 51:10, 48:18, 49:8, 49:9, clarify 69:3, 122:12, 57:12, 77:17, 85:11, 127:6, 146:18, 149:6, 108:23 122:16, 132:1, 162:6 168:17, 176:12, 182 :14, 187:18, Certified 154:13, class 111:14 182:23, 193:21 187:21, 187:23, 210:7 classroom 111:23 coming 22:16, 188:13, 190:13, chair 72:19 Claudette 133:15, 38:11, 55:12, 84:16, 206:3, 207:15, challenge 201:20 133:18 138:19 208:13 challenges 106:19 Clause 76:14 comment 23:2, called 54:6, 83:16, chance 33:20, 64:3, clean 91:4 45:19, 46:14, 53:5, 125:22, 127:5, 77:2, 106:10 clear 88:9, 90:1, 57:16, 57:18, 68:11, 180:10 change 44:1, 45:15, 112:6, 129:15, 130:7, 68:12, 73:22, 73:23, campaign 74:19 89:5, 154:20 197:24, 204:6 86:3, 86:24, 91:23, cancer 66:15 changed 40:23, clearly 112:14, 91:23, 99:20, 104:24, Candidate 74:16 155:8 114:7, 173:20, 174:3, 118:14, 121:9, 128:5, candor 129:24 changes 28:13, 197:18 133:13, 138:19, capacity 130:22 195:5, 200:7 Clerk 2:14, 154:11, 140:11, 140:21, capture 75:1 changing 31:2 203:22 152:17, 158:2, captured 75:16 character 31:2 client 176:9 160:14, 161:12, care 15:19, 15:20, charge 56:12 clients 53:1, 125:24 161:22, 162:7, 164:9, 92:11, 92:12 charged 9:7, 12:2 clock 177:21, 169:11, 198:3, 199:7, careful 78:18, 126:2 Charles 52:21 198:21, 199:17, 199:12, 199:16, Carlo 110:15, 110:21 Check 28:18, 29:20, 200:15, 201:17 200:4 Depo Court Reporting Service (630) 983 -0030 216 commented 15:12 compassion 86:7 congestion 55:8 context 59:23 comments 4:14, 5:4, compensation connect 156:24 continue 7:15, 5:7, 12:17,13:3, 153:9, 153:11, connected 177:21 26:21, 121:4,132:9, 16:9, 20:9, 23:2, 174:13 connection 95:16 199:23 23:14, 44:24, 52:15, complain 192:15 consent 37:20 continued 21:18 53:10, 53:12, 54:18, complete 60:18 consequences continues 44:22 56:14, 57:5, 57:9, completely 204:1 108:1, 108:2 continuing 132:6 57:11, 63:13, 107:4, compliance 7:9, conservancy 164:6 contituents 112:17 114:23,114:24, 7:21 consider 108:18, contract 114:10, 115:5,120:16, complicated 124:17 108:21, 116:5, 114:22,135:3, 123:14, 124:20, comply 46:16, 121:10,136:18, 168:24, 169:3, 176:7 138:20, 139:6, 143:20 189:19,197:13, contracts 6:11 158:23, 164:13, complying 71:18 201:24 contractually 99:16 165:9, 165:18, Comprehensive consideration 34:5, contributing 25:14 171:23, 195:22, 31:21, 32:3, 32:6, 86:14, 156:2, 156:19, Control 6:8, 7:3, 195:23, 205:8 86:13 186:10, 203:6 64:22, 68:21, 69:18, Commission 21:19, concern 9:11, 24:20, considered 117:1, 69:22, 70:5, 70:7, 29:9, 29:19, 76:12 27:10, 28:13, 28:14, 143:17, 163:9, 72:24, 73:1, 73:11, commit 48:13 31:19, 32:18, 107:18, 163:12, 173:20, 86:17, 90:8, 91:2, commitments 64:22 115:12, 115:12, 177:15 92:6, 92:20, 92:21, Committee 5:5, 118:21, 119:15 consistent 22:17 92:23, 107:23, 157:3, 5:10, 8:1, 8:17, concerned 7:10, consists 17:22, 157:8,159:24, 174:8, 116:16, 142:1 45:12, 58:23, 61:10, 19:23, 36:6, 51:3, 183:18, 193:6, 193:8, common 72:9, 97:2, 61:12, 61:16, 61:20, 207:6 193:9, 193:10, 121:18, 122:7, 197:2, 61:24, 85:2 constantly 135:13 193:11 197:13, 197:21 concerns 5:9, 12:11, constituents 60:6, controlling 183:19 commonly 36:5, 15:7, 15:12, 43:22, 61:17, 197:15 conversation 153:23 83:10, 115:8, 116:3, construction 156:24 123:19, 124:12 communication 116:4, 117:6 consult 126:4, convoluted 162:14 132:4 concise 4:14, 53:12 126:11 cooperate 95:6, communist 107:13, concluded 124:19 Consultants 19:16, 95:13 107:21 conclusion 11:12 25:3 copies 118:8 _ communities 62:13 condemnation consumption 71:8 copy 117:15, 150:2, Community 2:12, 166:22 contact 124:6 154:13 15:9, 60:8, 62:12, condensed 195:4 contacts 29:4 CORCORAN 79:5, 64:16,65:16, 66:10, condition 157:6 contained 119:7, 79:8, 79:9, 79:14, 81:5, 87:9, 91:8, conducted 80:2 157:15 80:1, 80:19, 81:4, 106:8, 107:20, 109:4, conflict 157:3, containment 118:22 82:5, 82:9 109:9, 109:22, 110:8, 195:12 contains 210:14 corner 36:8, 67:9, 111:10,113:8, 122:4, conform 32:9 contaminated 66:16, 148:5 172:3, 197:12, conformance 32:2, 165:2 corporate 11:9 197:16 32:4 contamination Corps 83:21, Company 35:15, conformed 32:10 54:12, 54:14 164:16,166:7 35:15, 50:19, 50:20, confuse 136:2 contemplates 95:20, Correct 29:15, 114:19, 153:4, 154:1, confused 67:20, 97:20, 185:6 33:16, 43:3, 43:6, 156:21, 180:21 69:2, 158:9 contemplating 47:6, 53:2, 68:1, comparing 86:19 confusing 163:11, 97:13, 98:3, 99 :11 80:20, 88:16, 90:9, comparison 9:23 163:24 contention 135:1 90:10, 90:14, 94:5, Depo Court Reporting Service (630) 983 -0030 217 100:6, 101:8, 101:20, cover 8:7, 10:17, 67:14, 74:20, 75:9, dedicating 26:3 102:10, 102:21, 41:20 119:13, 119:14, dedication 11:13, 103:5, 119:21, 128:1, covered 163:13 119:18, 141:6, 11:19 129:17, 132:19, covering 37:20 180:20, 180:24, deeds 11:19 133:4, 136:8, 136:12, cozy 75:21 180:24, 181:4, 181:9, deep 23:9, 60:16 136:12, 137:3, 143:5, create 5:12, 11:5, 185:18 deeper 41:1 143:7, 148:20, 64:13 dated 35:16, 50:20, default 204:24 158:20, 159:4, 166:2, created 9:17 153:4, 154:1, 156:21 defend 194:19 177:17, 178:19, creation 5:19, 8:6 daughter 134:1 define 14:12 181:22, 202:4, Creek 24:10, 25:7, day 33:3, 78:3, defined 59:19 204:16, 210:13 25:18, 28:7, 32:18, 113:5, 182:8, 210:17 definite 135:16 correctly 42:20, 83:16, 84:6, 164:23, days 71:13, 71:14, definitely 91:7 74:7, 158:17, 204:12 183:9 74:11, 74:22, 75:12, degrees 148:2 CORRINGTON criteria 56:5, 56:8, 81:7, 92:22, 201:11, delineate 142:21 27:24, 28:3, 28:4, 56:14, 163:19 201:21, 204:22 demand 40:22 28:21, 30:5, 30:8, CROIS 2:10 dead 66:11, 92:24, democracy 111:19, 30:16 cross 72:13, 145:13, 164:10, 176:14, 112:1, 112:3, 112:7, cost 8:3, 8:23, 9:3, 145:14, 145:15, 182:17 133:23 11:23, 13:13, 47:9, 145:15, 198:23 deal 72:15, 78:3, Dennis 66:1, 66:4 59:4, 61:14, 62:2, CSR 210:24 125:2, 167:11, 192:6 density 31:22, 32:1 139:6, 139:8, 139:19, curious 143:12 dealing 77:7 Department 25:10 156:22 current 61:15, 72:7, dealings 109:1 depicted 153:3, costs 8:8, 9:5, 9:9, 87:21, 89:1 deals 88:18, 105:3, 153:22 12:1, 12:1, 12:4, 13:8 Currently 69:9, 86:1, 167:1, 167:2 depth 39:3, 42:10 Cotswold 31:6 88:3, 88:15, 88:16, Dean 2:6, 63:18, Derke 55:21, 64:9, Councilmen 92:5, 90:19, 136:17, 93:5, 123:15, 179:22, 71:16, 92:8,105:4, 109:21, 135:14 162:15, 163:17 200:3, 204:11 126:12, 135:8, 165:8, Counsel 59:13, curtailed 120:4 debate 127:20 195:6 117:15 curve 41:18, 43:13 debris 92:12 described 147 :20, counseled 63:20 curves 44:21 debt 74:19 147:23, 152:20, country 107:13, cut 103:19, 109:9 December 5:6, 152:21, 153:2, 107:21 cuts 138:2, 142:14 138:4 153:22 country -like 109:4 deceptions 109:11 description 152:22, Countryside 109:3 decide 54:10, 69:7, 185:13 county -wide 74:10 < D > 77:10, 80:3, 173:16, design 27:17, 200:7 couple 49:8, 94:19, D- 814507 1:24 203:5, 204:5 desire 160:20 101:17, 144:5 damage 154:7, decided 106:4 destiny 86:10 course 59:15, 59:24, 156:15 decision 77:19, detached 20:1 60:11, 60:11, 60:24, damages 65:5 77:22, 141:13, 190:7, details 54:16 61:9, 62:8, 63:2, danger 77:13, 194:11 detention 25:23 105:6, 105:8, 105:11, 198:24, 201:21 decisions 179:14, deteriorating 55:12 105:11, 106:2, Daniel 172:18, 180:1 determination 106:17, 121:4, 172:22 declaration 7:4, 169:14 124:18, 130:24, dared 72:12 10:1, 10:4, 10:11 determine 8:22, 164:24, 188:10 darn 155:2 decree 37:20 25:16, 112:23, 160:7 court 56:10, 106:5 DARREL 84:21 dedicate 8:10 determined 49:5, courts 106:3 Darrell 84:24 dedicated 8:19, 153:13 covenants 7:5 date 29:22, 48:14, 25:24, 26:1, 152:12 determining 25:11 Depo Court Reporting Service (630) 983 -0030 218 developer 6:8, 6:9, discuss 35:23, documents 11:17, drew 72:14 6:15, 7:2, 7:18, 7:23, 59:11, 144:22, 11:19 drinking 191:4 10:3, 10:11, 11:3, 147:15, 198:18 doing 14:2, 14:17, Drive 26:24, 33:2, 14:2, 14:17, 38:12, discussed 7:24, 15:10, 47:5, 47:7, 41:17, 41:18, 42:24, 39:11, 52:7, 65:7 10:10, 13:19, 28:16, 47:21, 97:11, 133:21, 43:14, 43:23, 44:18, developers 47:2, 53:7, 55:6, 84:16, 193:8, 210:8 44:21, 177:4 183:20 107:17, 141:24, dollars 115:21 driven 88:10, 178:15 developing 41:16, 188:24 Dommermuth 19:10 driving 91:22, 92:4, 176:10 discussing 17:14, Don 39:18, 39:21, 92:19, 191:22 Development 2:12, 50:18, 57:5, 119:6, 75:23, 188:7 DRUCELL 134:18, 6:12, 32:9, 38:20, 160:4 Donahue 38:12, 134:21, 134:22, 42:10, 46:4, 46:23, discussion 3:12, 38:16, 38:19, 38:19, 136:4, 136:8, 136:20, 47:10,64:24, 95:9, 16:14, 34:13, 35:13, 40:21, 41:12, 42:5, 137:3,137:10, 95:16, 97:15, 153:17, 40:8, 120:15, 133:1, 42:9, 42:23, 43:3, 137:15,137:19, 155:17, 175:9, 207:4 147:17,160:20, 43:6, 43:9, 43:12, 138:6 developments 55:8 168:20,169:14, 43:18, 44:2, 44:8, drummed 122:6 dictate 61:3 180:4, 187:24, 192:5, 44:14, 48:18 drummer 178:1 dictionary 59:20 205:19 done 11:22, 23:15, due 63:11, 115:13, differ 87:3 discussions 9:15, 46:15, 59:9, 66:21, 122:23 difference 61:4, 52:6 73:8, 80:20, 89:15, dues 6:4, 6:9, 11:10 72:20, 173:8 disgraceful 113:9 105:16, 109:22, duly 210:6 different 21:13, dismay 118:21 124:4,126:10, 128:6, dump 66:7, 66:12, 21:22, 40:24, 41:5, disparity 119:3, 139:7, 158:23, 167:7, 81:17, 83:18, 88:3, 59:17, 72:11, 98:8, 120:3, 120:4 168 :5, 169:11, 88:15, 88:15, 89:10, 3 disregard 72:8 169:21 173:5 98:23 144:5 161. , 91:9 202:8 76:20 174:15, 180:18, During 6:7, 7:1, differently 97:6, dissolution 5:20, 180:19, 180:22, 116:16 201:24 6:20, 8:4, 8:13, 11:17 181:5, 181:9, 190:14 duties 196:13 difficult 103:6 dissolve 5:14, 5:24, double -check duty 173:10 16 11 125:15 126:5 dwelling dimension 23.8 7. g 31:23 Dina 159:16, 159:19 distance 45:15 doubt 106:18 Dyer 37:15 direct 130:1, 184:22, distributed 6:22, Doug 182:2,182:5 195:12 117:14 down 32:23, 39:14, directed 65:14, District 17:20, 39:15, 43:10, 55:10, < E > 154:12 19:20, 23:22, 32:4, 82:21, 82:23, 119:14, eager 107:24 direction 43:24, 87:9 34:3, 51:2, 52:9, 120:20, 123:9, 129:4, earlier 94:12, directly 128:16, 101:19, 115:15, 145:18, 172:5, 126:20, 128:1, 141:3, 172:6, 172:10, 128:24, 138:1, 178:15, 182:16, 158:17, 164:13, 188:15 142:23, 143:11, 182:21, 185:2, 185:5, 166:3, 191:9 Director 2:13, 52:20, 144:4, 145:13, 193:20, 201:1, 201:1 earliest 141:8 115:11 145:18, 145:21, downstream 28:12 ears 175:17 dis 146:6 146:6, 147:12, 161:4, draft 151:17 easements 97:5 disagree 93:5, 182:13, 207:3 drafted 155:14, easiest 124:23, 114:4, 121:24, 173:4 districts 145:13, 157:12 126:21 disagrees 126:14 145:14, 145:15 drain 28:8, 28:10 East 25:12, 39:1, disapprove 108:6, divides 142:15, drainage 25:14 42:18, 43:13, 44:21, 108:7 142:17 drains 28:6 51:5, 53:24, 129:13, discretion 185:22 document 114:15 draw 75:6 142:10, 142:15, Depo Court Reporting Service (630) 983 -0030 219 147:23, 175:12, encountering envision 32:7 evidence 173:23, 182:21 122:24 envisioned 40:19, 198:17 east/west 161:5 encourage 117:3 42:11 evident 34:7 easterly 148:3 encroach 41:24 envisions 31:21 Exactly 20:15, easy 126:23 encumbered 135:21, EPA 97:8 21:10, 25:7, 30:21, economic 153:17 135:24 Eric 19:15, 24:16, 155:13 Edge 82:19, 83:9, end 46:1, 62:9, 74:6, 24:22, 25:2, 123:17, examine 59:16, 71:6 91:21, 93:6, 101:7, 84:3, 97:12, 159:2, 129:8, 129:11 exceed 156:23 108:17, 133:19 170:24, 171:7, err 164:6, 199:22 except 157:7, 192:1 edition 64:9 176:14, 185:15 erred 99:8 excess 6:21 effect 95:22, 98:19, ends 83:21 error 72:1 Excuse 18:2, 21:12, 154:17, 185:9 enforced 7:6 errors 128:15 52:22, 126:13, effective 157:5 enforcement 7:1, established 16:6, 191:18 effectively 7:20 7:3, 7:10, 15:18 25:9, 25:20, 38:7, execute 99:17 efficiently 7:21 engaged 65:11 102:10 executed 100:3, efforts 179:9 engineer 19:17, establishment 100:4 egregious 81:9 24:16 95:20, 97:21, 185:6 execution 184:19 eight 5:18, 32:21, Engineering 19:16, estate 135:6 executive 72:8 174:19 25:2 estate -sized 26:18, exercise 196:19 either 5:21, 63:13, Engineers 83:22, 27:5, 31:1 Exhibit 152:21, 78:12, 136:15, 164:16, 166:7 Estates 3:12, 5:1, 152:23, 153:3, 153:3, 143:18, 163:23, English 107:13 15:6 153:22, 153:23, 170:16, 194:1, enjoy 66:14 ethically 131:3 154:14 194:10, 198:1 enmeshed 65:4 evening 19:8, 20:5, exist 101:9, 102:7 elderly 176:10 enough 54:13, 25:1, 30:15, 37:13, existence 6:5, 6:8, elect 112:8, 112:11, 147:14, 186:16 59:8, 94:8, 94:17, 10:19, 10:21 112:12 ensure 46:15 98:1, 100:2, 100:3, existing 20:19, 25:5, elected 55:2, 72:7, enter 64:21 107:9, 141:4, 172:21, 26:3, 27:14, 36:3, 80:4, 80:11, 106:9, entered 52:24, 184:13 89:10, 91:4 122:9 184:17 Event 74:16, 98:22, exists 148:18 electing 121:19, entering 100:1 155:14, 161:23 expect 63:15, 106:9 121:21 Entertain 3:5, 3:11, eventual 95:16 expectancy 65:12 election 112:24 14:23, 16:15, 17:12, eventually 106:3, expenses 6:11, 6:15 element 177:8 34:15, 35:12, 35:22, 167:14 expertise 135:5 eliminate 74:18 49:19, 50:16, 144:20, evergreens 46:8 explain 38:13, Elizabeth 110:22 146:12, 147:11, everybody 4:15, 40:22, 44:11, 144:9, eloquently 141:1, 147:16, 205:23, 22:2, 44:12, 56:2, 163:6 173:7, 186:5, 194:21 206:22, 208:7 63:11, 63:17, 83:12, explained 135:11 email 52:5 entire 91:8, 105:22, 83:12, 99:5, 114:13, explaining 44:15 emergency 176:15 186:24 190:4, 197:19 extension 20:23 emotion 80:9 entitled 8:1 everyone 4:12, 77:6, extensive 8:3 emotional 80:8 entrance 175:11 100:8, 124:20, extensively 24:17 emphasis 159:2 environment 54:24, 154:20, 154:22, extra 191:11 empties 84:5, 84:6 183:21 191:8, 191:17 extreme 40:14 enacted 93:21 environmentalist everything 32:24, eye -to -eye 132:8 encompassing 89:22 82:10, 124:1, 173:16, eyesore 91:5 143:1 environmentally 175:18, 188:17, encountered 123:7 89:18, 89:21, 164:21 199:3, 201:10 Depo Court Reporting Service (630) 983 -0030 220 < F > 111:14, 141:1, 172:9 37:10, 37:14 foot 42:21, 43:5, F. 2:2 feeling 68:18, firming 38:9 44:1, 156:23 face 7:17 119:18, 191:10 firs 59:18, 91:23, footage 41:4 facility 157:3 fees 8:2 171:22 forbearance 165:20 facing 6:1, 46:1 feet 23:9, 23:9, First 6:3, 9:24, 13:7, force 91:4, 91:22, fact 7:11, 96:10, 23:18, 27:18, 30:20, 14:14, 21:17, 27:11, 92:4, 92:19, 106:6, 100:13, 118:17, 30:21, 31:17, 31:18, 52:4, 58:21, 63:10, 135:18, 154:17 119:4, 119:7, 119:9, 37:24, 37:24, 38:1, 68:10, 74:23, 77:2, forced 7:15, 75:14 119:23, 120:1, 120:3, 38:1, 38:22, 38:22, 78:1, 80:7, 81:17, foregoing 210:11, 126:13, 127:1, 38:23, 38:23, 41:10, 91:3, 96:19, 97:1, 210:12 137:24, 151:16, 44:1, 54:11, 148:4 97:14, 109:8, 110:22, foresighted 59:20, 155:11, 175:19, felt 99:17, 197:3 113:22, 123:15, 60:1 192:21, 194:8 fence 175:4 124:7, 134:5, 139:17, forget 112:19 factor 183:19 Fend 31:6, 31:6, 139:21, 151:19, forgive 69:1 facts 86:19 31:8 155:8, 157:21, forgot 191:18 Fahey 192:9, 192:12, Ferko 74:17 164:12, 171:19, formal 186:23, 192:13 fiduciary 196 :13 177:4, 181:10, 198:13 fail 41:21 field 24:4 186:19, 210:6 formalities 11:10 failed 10:11, 78:6, figure 13:10, 160:4, five 53:23, 92:2, formally 206:20 151:17 163:22 170:3 formed 180:24, failing 65:6 figures 115:22 flags 105:21 181:4, 181:8, 181:12, failure 61:5 file 10:11, 19:19, flawed 60:23, 64:3, 181:16 Fair 174:12, 186:16 21:14, 202:9 105:8 former 85:24 fairly 67:10 filed 17:15, 35:17, flaws 61:15, 61:21 forth 131:20 fall 70:13, 182:13 36:1, 50:21, 56:6, flip 60:24 forthcoming 129:24 falls 102:17 57:13, 77:18, 103:5, flood 24:9, 24:9, forward 8:5, 9:13, familiar 27:13, 206:24 25:20, 65:4 12:7, 27:22, 48:6, 48:17, 64:10, 107:20, filter 127:15, 127:19 floodplain 25:9, 52:9, 53:15, 61:2, 128:8 Finally 7:13, 94:16, 25:12, 25:21, 25:23, 61:15, 62:8, 65:19, familiarize 148:12, 106:4, 175:3 26:2 89:2, 99:18, 132:1, 150:8 financial 11:4, floods 24:11 132:3, 170:20, 192:7, far 9:3, 12:6, 15:9, 170:14 floodway 25:16 203:21 42:16, 44:15, 45:20, financials 6:13 floor 12:21, 20:8, fought 10:5 48:2, 86:3, 86:15, find 97:3, 141:19, 52:15, 53:4, 53:15, found 65:9, 109:14 86:16, 88:20, 89:20, 190:4 158:1 four 22:16, 22:19, 101:24, 102:14, finding 173:22, flying 92:12, 92:13 74:24, 79:9, 92:2, 132:23, 140:21, 194:16 folded 72:19 108:22, 134:23, 203:12, 204:19 findings 154:6, folks 189:11, 190:2 167:18, 167:21 Farm 1:9, 25:6, 156:14, 173:13, follow 56:16, four -year 74:19 182:6, 182:7, 182:11, 173:19 105:12, 106:6, 106:7, fourt 61:24 182:12, 182:12 finds 153:7, 154:3, 107:1, 114:8, 130:22, Fox 10:10, 17:14, farmland 172:24 156:12, 194:17 167:5, 175:18 19:12, 19:14, 25:3, faults 116:6 fine 56:4, 62:6, followed 9:19, 35:14, 50:18, 72:10, favor 158:18 78:16, 122:23, 172:1 11:10, 143:22, 72:17, 75:2, 75:17, fear 106:21 finish 78:1, 120:16 185:12 77:9, 77:10, 77:24, February 21:16, Fire 182:12, 182:13, following 43:13, 78:2, 81:2, 84:5, 29:22, 77:16, 208:9 182:14, 182:17 105:17, 106:2, 84:6, 115:10, 135:12, feel 58:9, 99:15, firm 4:22, 19:10, 123:18, 138:4 164:23, 177:4, Depo Court Reporting Service (630) 983 -0030 221 180:20, 193:15, 145:11, 172:8 131:4 Hall 144:3 207:9 getting 22:14, 54:16, governmental 95:11, Hallin 82:15, 82:18, Fred 134:18, 134:22 55:7, 93:2, 97:7, 95:15 82:18 free 75:17 175:18, 195:4, grandchildren 66:14 Harriman 75:23, friend 135:4 198:24, 205:7 Granrud 19:15, 76:2, 76:2, 92:21, Friends 58:19, giant 54:7 24:16, 24:22, 25:1, 166:21, 188:10, 82:21, 108:4, 172:3 GILBERT 21:6, 21:9, 25:2 188:15 front 63:22, 72:1, 22:3, 22:8, 22:13, granted 157:4 hand 56:7, 56:8, 73:11, 111:14 22:20, 22:23, 24:7, great 27:15, 62:16, 76:3, 210:17 1 frontage 39:2 24:19, 29:21, 30:1, 66:11, 66:14, 115:12, handed 127:16, fronts 175:10 56:20, 56:22, 56:23, 183:16 162:12 fulfill 169:2 57:11, 57:18 Greater 58:20, handful 110:7 fulfilled 169:7 Gilcrest 58:14, 158:17, 172:3 handles 29:3 full 116:6, 154:17 84:19 greatest 123:8, hands 76:1, 134:16, fundamentally 178:3 GILMOUR 85:18, 123:8 138:11 j fundraiser 59:3 85:20, 85:23, 85:24, green 42:4 happen 8:6, 46:11, Fundraising 74:16 86:23, 104:19, Greenbriar 9:24 53:9, 71:14, 81:7, funds 6:16, 6:21, 104:22, 104:22, gridlock 55:11 81:15, 81:19, 89:8, 11:23 177:1, 177:3, 177:3, gross 32:1 97:15, 98:22, 104:10, funny 111:24 177:19 ground 25:6, 31:11, 112:3, 125:21, 159:8, future 9:12, 9:16, Give 12:23, 13:6, 31:11 168:2, 181:1, 186:2, 9:19, 12:6, 14:1, 23:7, 49:3, 53:5, grounds 61:8 186:2, 199:24 14:3, 69:6, 84:4, 63:11, 75:2, 90:16, group 78:15, 179:13, happened 54:2, 89:2, 90:8, 91:9, 98:16, 111:12, 113:4, 180:1, 180:14 102:23, 125:21, 107:19, 156:3, 124:3, 125:10, groups 97:8 137:5 156:20, 176:12, 126:18, 132:18, Grove 4:23 happening 74:6, 185:18, 186:3 135:7, 137:13, 151:5, grow 46:8 159:7, 168:10, 158:2, 160:13, growth 16:5, 81:14, 169:17 164:10, 165:1, 171:4, 191:14 happens 70:12, < G > 175:22, 186:15, guarantee 104:8, 172:8, 177:17, 180:4 G. 65:2 189:9, 189:23, 194:6, 203:9 happy 11:21, 12:12, gamble 202:15 195:3, 195:6, 201:23, guess 35:19, 38:6, 16:12, 39:6 Game 1:9,127:9 202:11 52:3, 67:21, 69:16, harm 170:14 gas 191:11, 191:17, given 59:12, 61:15, 78:12, 89:21, 99:8, Hartley 45:6, 45:9, 191:22 63:3, 71:23, 74:23, 137:10, 141:17, 46:19 gather 124:19 75:16, 77:9, 81:16, 161:19, 192:6, 198:5 HARTMAN 87:15, gave 133:2 83:17, 119:3, 131:6, guys 46:21, 69:4, 87:18, 87:18, 88:2, General 66:15, 86:5, 158:21 73:12, 167:7, 167:15, 88:24, 89:9, 89:17, 86:14, 105:18, 128:1, gives 61:6, 70:5, 179:13, 183:11, 90:6, 90:13, 90:17, 128:2, 128:9, 130:13 164:1 191:23, 204:13 90:24, 91:11, 93:4 gentleman 27:10, giving 58:23, 73:21, hate 130:23 75:19, 75:22, 75:23, 73:23, 75:4, 127:1, Hauge 39:18, 39:21, 122:5, 122:20 131:5, 193:8 < H > 39:21 gentlemen 71:20 Glen 91:16, 91:19, H- A- L -L -I -N 82:19 haunt 78:20, 78:24 George 58:16, 164:8, 177:4 half 19:23, 32:1, head 25:18, 33:21 58:19, 120:19, God 54:1 86:1, 93:9, 145:10, heading 43:23 123:11 gotten 121:10, 176:5 145:10, 176:14 hear 5:7, 12:16, gets 31:10, 78:10, governing 7:22, halfway 185:2, 185:5 14:16, 18:3, 22:2, Depo Court Reporting Service (630) 983 -0030 222 23:5, 37:11, 44:12, 84:6, 164:22, 182:22 improve 117:7 59:4, 67:1, 115:7, home 31:7, 160:16, in. 55:4, 123:23, 118:15, 129:6, 187:19 < I > 189:6, 194:6 148:15, 156:6, 180:5, Homeowner 5:1, idea 27:4, 38:10, inaccurate 177:6 192:18, 193:1, 193:5, 45:10, 46:20, 47:1, 40:18, 97:7, 143:14, inappropriate 150:5 194:12 47:4 164:5, 169:18, inaudible 78:9 heard 5:8, 5:10, homeowners 5:3, 170:23,171:3, 184:4 Inc. 17:14,19:12 16:12, 59:1, 59:13, 6:2,,6:22, 7:9, 8:3, identify 21:2 include 155:10, 67:21, 103:16, 9:8, 10:4, 10:20, identifying 81:7, 155:10, 173:8, 189:9 103:17, 118:20, 12:2, 15:11, 93:8 198:14 included 12:4, 119:1, 124:7, 161:2, homes 5:15, 5:18, IEPA 83:22 119:22 166:2, 175:14, 7:8, 20:1, 22:16, ignore 71:21, 71:22, including 95:10, 192:19, 193:4, 193:6, 27:5, 27:12, 27:17, 76:22, 165:12 105:23, 172:4, 172:9 193:6, 193:12, 33:3, 33:4, 45:24, 11 35:24, 37:16 inconvenience 195:22, 195:23, 183:17 ILCS 152:16 189:21 201:8, 201:9, 204:12, honest 146:1 illegal 173:11 increase 8:23, 9:2 204:20, 205:4 honestly 92:20 Illinois 1:2, 1:10, increased 24:2, hearings 4:13, honesty 129:24 2:19, 4:23, 17:17, 80:13 70:19, 70:22, 89:7, Honor 19:1, 86:16, 18:2, 35:14, 35:19, incredulous 81:8 101:20, 101:22, 90:14, 109:21 35:24, 36:3, 36:9, incurred 9:9 102:1, 113:3, 165:10, hope 45:19, 45:23, 37:16, 50:18, 50:23, indicated 98:14, 167:14, 188:12, 46:10, 130:2, 132:10, 51:6, 64:8, 64:11, 116:19 198:12, 202:24 190:6 105:16, 105:18, indicates 72:3 held 144:14, 152:15 hopefully 132:1 123:17, 130:14, indicating 52:5, help 8:7, 40:2, horrible 11:3 147:20, 148:1, 148:6, 114:14, 115:2, 116:1, 119:13, 182:15 Host 86:19, 95:23, 153:21, 156:24, 167:10 hereby 153:24, 98:19, 98:21, 99:17, 173:15, 174:8, 182:6, individual 103:21, 154:12 99:19, 100:4, 100:5, 201 :7, 207:2, 207:10, 115:19 hereunto 210:16 116:13, 116:18, 210:1, 210:9 inevitable 60:12, hide 195:11 117:2, 117:4, 177:5, illnesses 66:15 62:15 high 55:2 179:19, 185:9 immediately 20:18, influence 77:1 Higher 66:15 hosted 115:10 173:1 influenced 197:17, - -� highlighted 72:2 hot 130:18 impact 44:2, 55:7, 197:24 Highpoint 18:1, hour 1:9, 131:10 86:9 inform 124:20 20:16, 25:13, 28:4, hours 141:22 impacted 87:1, 87:3 information 6:14, 30:24, 31:3, 85:1, house 31:14, 182:18 impair 143:2 14:10, 29:5, 81:20, 182:22 houses 22:5, 34:2, impartial 195:13 120:23, 127:11, highway 175:10 170:16 importance 182:10 166:14, 179:16, HIKE 85:11, 85:17 housewife 108:19 important 7:14, 186:21, 187:5 Hill 10:10, 207:9 huge 109:9 83:11, 83:13, 117:6, informed 124:10, hinder 195:20 Hulke 27:1 127:11 129:19 hired 105:1 hundred 115:21, impossible 11:7 initial 54:23 historically 119:19 199:2 impressed 109:3 initially 146:10 history 9:21, 77:22, hunger 107:24 impression 26:16 Inland 6:12 135:12 husband 83:24 improper 128:16, input 152:17, hit 184:24 hypothetical 137:11, 131:14 169:13, 169:18 holds 119:18 137:14, 138:3, improperly 80:2, inquiry 116:15 Hollenbeck 83:16, 170:23, 171:6 80:20, 123:21 instead 41:1, 44:17, Depo Court Reporting Service (630) 983 -0030 223 191:13 167:3, 173:21, 158:4, 158:4, 158:9, 37:10, 37:13, 37:14, instructor 111:10 174:16, 180:12, 158:13, 158:16, 40:15, 42:2, 46:13, instrument 157:9 180:14, 189:5, 158:21, 159:5 48:16, 48:22, 49:2, insurance 8:16, 191:15, 196:20 Jen 125:14, 200:24 49:7, 49:15 8:24, 10:16, 12:4, issued 128:2 Jenny 201:3, 201:6 Keep 4:13, 5:4, 13:8, 13:12 issues 5:22, 5:24, Jerry 63:24 13:16, 32:22, 47:24, insured 8:20 15:17, 24:17, 88:21, Jewel 38:5, 45:22 53:11, 72:15, 82:20, intend 154:21 124:17, 131:10, Jill 74:17 95:22, 98:19, 101:14, intending 162:16 179:17, 180:7, 191:9, Joann 21:6, 31:11, 102:19, 111:4, 159:6, intends 153:2 203:7 56:22 179:9, 185:8, 188:5, intent 85:4, 103:2, item 120:5 job 66:21, 127:18, 189:6, 199:4, 204:18 122:18 itself 54:16, 105:23, 130:24, 131:1, keeping 198:1 intention 152:19 144:13 175:17 Kelly 184:10, 184:13 interest 135:9, Joe 145:1, 145:4, Kendall 17:16, 153:14, 173:24, 157:12, 192:9, 17:18, 18:1, 18:1, 174:3, 174:9, 174:9, < J > 192:12 18:2, 35:18, 36:2, 187:3, 194:18, J. 172:18, 172:22 John 2:10, 2:17, 36:9, 50:23, 51:1, 198:14 Jack 203:21 19:14, 38:16, 38:19, 51:6, 71:24, 72:11, interests 65:15, JACQUELYN 2:14 41:8, 72:2, 126:9, 74:9, 74:15, 77:14, 73:2, 154:6, 156:14 JAMES 2:3, 2:7, 129:20, 150:6, 195:6 91:6, 95:15, 129:12, interference 65:11 3:15, 3:24, 4:1, 17:1, Johnson 178:8, 130:19, 130:20, interpretations 63:4 17:2, 18:4, 18:14, 178:11, 178:12 139:4, 148:6, 153:21, interpreting 65:13 18:15, 35:1, 35:2, JOSEPH 2:8 154:12, 183:13, interruption 63:8 36:10, 36:18, 36:19, judge 106:6 192:13, 207:2, 207:9 intersect 43:16 46:19, 47:11, 48:4, judgment 121:13, kept 48:2 intersection 44:3, 50:3, 50:4, 51:13, 125:11, 126:18, Kern 182:22 44:4, 44:17 51:14, 78:17, 146:19, 196:20, 197:21, Kerry 4:18, 4:22 intimidated 106:16 146:20, 149:7, 149:8, 198:22, 199:22, key 188:8, 188:12 investigating 105:19 206:16, 206:17, 201:19, 204:24 kick 126:22 invite 12:9, 59:3, 208:4, 208:5, 209:2, judicious 59:20, kid 109:2 82:20, 129:4 209:3 59:24 kind 25:15, 41:18, inviting 128:19 jammed 26:22 Judy 104:19, 104:22 44:21, 46:2, 67:20, involve 125:20, Janice 83:4, 83:8 jump 35:20 69:3, 89:1, 111:24, 130:14 January 3:7, 21:16, jurisdiction 70:14, 162:13, 183:10, involved 130:14 21:17, 116:16, 102:17, 136:12, 186:1 irrigated 15:24 123:16 143:4, 158:7, 163:8, Kishwaukee 111:10 irrigation 15:23 Jared 32:14, 32:17, 163:13, 167:20, knowledge 188:23 issue 6:3, 6:24, 7:14, 183:8 168:1, 168:12, known 36:5, 153:23 8:16, 9:22, 11:2, Jason 2:4, 151:5, 204:14, 205:11 Kohl 72:16 11:11, 12:8, 15:21, 151:7, 155:22, justification 40:13, Korte 32:14, 32:17, 20:9, 34:13, 39:9, 170:13,.171:20, 40:17, 123:1 32:17, 183:8, 183:8 60:14, 72:4, 74:10, 175:16 JUSTIN 2:17 Kovitz 4:22 74:11, 86:15, 96:15, JEFFERS 101:3, Kramer 172:15, 99:7, 99:7, 99:24, 101:6, 101:7, 101:14, 172:18, 172:21, 100:10, 107:16, 101:23, 102:6, < K > 172:22, 175:2, 113:5, 116:8, 126:8, 102:12, 102:18, Karen 190:20, 184:10, 184:13, 131:18, 146:9, 102:22, 103:2, 103:6, 190:23 184:14, 185:4, 186:4, 146:14, 148:15, 103:24, 104:5, 104:9, KASSON 37:6, 37:9, 186:12, 186:16, Depo Court Reporting Service (630) 983 -0030 224 194:20 LASALLE 176:4, 121:10,121:12, 163:8,163:17 Krasner 93:16, 210:3 122:24, 123:6, line 25:8, 72:13, 93:19, 93:20, 94:3, Last 8:17, 9:11, 10:3, 123:15, 124:21, 78:1, 103:19, 142:8, 94:6, 94:12, 94:15, 10:10, 92:2, 94:15, 125:20, 127:11, 142:14, 142:14, 95:19, 96:6, 96:20, 94:23, 96:6, 100:9, 130:24, 131:2, 142:23, 142:24, 97:18, 97:24, 98:18, 114:24, 119:9, 150:18, 152:22, 143:11, 143:14, 99:13, 99:23, 100:7, 119:11, 120:16, 177:10, 185:13, 148:1, 148:2, 148:4, 100:17, 100:21, 123:12, 128:4, 201:23, 202:8 158 :15, 161:5, 192:6, 184:23 133:12, 135:2, 152:3, Legally 14:4, 89:16, 198:23 188:9, 203:14 89:17, 89:19, 147:20 lineal 39:2, 42:6 late 138:19, 167:7, Legion 20:17, 26:13, lines 145:16, 145:16 < L > 195:4, 205:7 58:1, 165:22 Lisa 67:5, 67:8 Ladies 71:20 later 58:11, 70:19, legislative 173:17 Lisbon 192:13, lady 26:14, 133:9, 75:12, 94:16, 141:22, legislature 196:21 192:21, 192:23 141:4, 176:10 181:9 Leisure 178:13 Listen 63:6, 107:22, Lakes 45:10 Laughter 76:7 lengthy 185:13 108:4, 110:8, 122:8, Land 8:14, 8:18, 9:1, Law 4:22, 7:21, less 6:19, 39:3,' 133:22, 198:4 13:14, 24:2, 32:7, 19:10, 37:10, 37:14, 179:7 listening 60:5, 60:15, 64:23, 68:6, 64:1, 71:21, 72:9, letter 114:16, 115:1, 61:17, 80:23, 134:6, 69:8, 69:22, 70:20, 88:18, 106:7, 114:8, 128:2 165:18, 172:1, 199:5 77:14, 81:24, 90:1, 131:7, 135:6, 169:13, letters 83:24, 131:11 literally 72:12 102:8, 105:2, 115:13, 173:15, 176:7 liability 35:15, 50:19, litigate 60:17, 136:10, 136:12, law. 154:18 60:23, 116:10, 128:17 137:15, 153:5, lawn 72:19 164:24, 165:2 litigation 7:14, 7:17, 153:10, 153:12, Laws 131:4 librarian 115:24 7:23, 64:4, 65:4, 157:7, 157:8, 159:23, lawsuit 60:13, 62:15, Library 52:5, 52:8, 80:21, 128:20, 172:23, 179:11, 135:14, 135:15 52:21, 52:22, 101:19, 193:13, 194:2, 184:3, 193:2 lawsuits 106:19 115:6, 115:11, 194:10, 197:18 landfills 79:16, 82:1 lawyer 63:19, 92:7, 115:15, 138:1, 142:9, little 15:8, 26:22, Landmark 42:21, 92:12, 163:21, 143:11, 144:4, 30:9, 42:17, 44:17, 43:11, 43:16, 43:24, 179:23 145:14, 145:18, 69:2, 90:1, 121:24, 45:14 lead 106:3 145:21, 146:6, 146:6, 160:8, 162:8, 183:12 landscape 37:23, leader 108:3, 108:3 146:7, 146:9, 161:4 live 25:3, 26:13, 38:22, 41:6, 41:9, leaders 107:22 License 210:24 28:4, 28:12, 32:18, 41:13, 41:15, 42:4, learned 188:6 licks 109:19, 110:1 33:22, 42:15, 53:24, 46:14 least 48:19 lied 76:16 67:9, 82:19, 85:1, landscaping 41:19, leave 5:21, 46:9, lies 109:11 86:8, 111:9, 111:18, 41:20, 45:21 77:10 life 183:2 111:19, 112:1, 112:7, Lane 201:7 lecture 111:13 life -long 178:14 112:8, 129:13, language 97:11, led 105:8, 105:14, light 78:3 133:19, 133:23, 195:7, 195:10 119:17, 142:24 likelihood 120:2 134:3, 165:21, large 32:22, 33:1, left 6:21, 11:3, 75:9, limit 39:22 178:12, 179:6, 182:6, 33:3, 33:3, 34:4, 100:9, 187:19 limited 35:14, 50:19, 183:16, 184:14, 87:9, 182:14, 183:17, left -hand 75:7 95:10, 107:14, 189:13, 189:15, 183:17 legal 14:7, 59:12, 130:11 189:16, 190:24, larger 39:2, 41:23 59:13, 62:17, 63:3, limiting 93:20 192:13, 192:21 largest 25:4 105:14, 106:19, limits 69:6, 69:13, lived 24:7, 67:11, Larry 140:17, 140:20 116:6, 120:24, 101:9, 102:8, 162:21, 79:9, 79:10, 79:15, Depo Court Reporting Service (630) 983 -0030 225 108:22, 112:2 30:22, 30:24, 31:1, manipulation 76:24 127:17, 135:2, living 54:24 31:24, 32:22, 33:1, map 143:10, 144:2 141:22, 163:5, LLC 35:14, 35:24, 33:3, 33:15, 34:4, March 165:10, 180:16, 187:11, 37:16, 50:18 38:7, 183:17 177:24 196:10, 201:9, 208:9 local 127:14 Louie 188:13 market 40:22, meeting. 209:10 locally 189:21 Louie. 188:7 174:13 Meetings 92:2, 92:8, located 17:23, LOUIS 188:19 Marketplace 36:5, 119:1, 180:11 20:16, 25:7, 25:22, lovely 191:5,192:1 37:19, 39:24, 42:24, meets 163:18 36:7, 51:4, 147:19, low -lying 25:5 43:2, 43:14, 43:16, MEMBER 15:15, 152:12, 187:8, 207:7 Loyola 63:24 43:23, 44:18, 44:20, 16:3, 23:4,68:14, location 79:20, luck 114:1 72:11 83:8, 113:7,124:14, 157:2 Lunn 201:3, 201:6, Mary 93:16, 93:19 125:18, 192:14 long 176:11, 189:4, 201:6 masses 61:18 members 12:10, 204:18 luxury 178:1 material 114:18 25:2, 67:22, 76:10, long -term 62:19 lying 109:14, 147:24 matter 1:7, 8:22, 110:19,139:7 Longford 45:10 Lynn 107:6, 107:10 13:14, 60:13, 106:11, memo 128:6 Look 27:1, 33:20, 184:18, 194:8 ' memory 92:7 48:5, 48:16, 48:18, matters 21:13, 40:3, mention 111:2 49:10, 54:1, 60:10, < M > 106:3, 130:14 mentioned 15:8, 74:13, 75:4, 75:19, M. 1:8, 210:6, 210:23 maximum 31:22 26:15,119:4 75:21, 89:12,107:17, Ma'am 4:10, 48:11, mayoral 62:1 meridian 147:23 110:6, 111:23, 121:5, 79:1, 79:13, 83:2, Mcgrath 19:14 merit 157:14 121:11, 131:22, 93:12, 93:14, 104:17, mean 43:23, 58:10, mess 91:4 197:13, 203:8 107:4, 108:11, 67:20, 69:12, 69:21, message 188:3, looked 24:16 159:14,178:24, 70:2, 80:21, 88:15, 188:7,188:13 looking 38:21, 190:18, 198:9 101:15, 131:22, messages 188:5 41:16, 73:2, 179:12, machine 187:19, 139:20, 142:18, met 47:10, 47:13, 191:4 188:3 160:16, 160:18, 105:13 Lori 179:2, 179:5 Madison 184:15 162:24, 168:22, method 64:13 lose 54:23, 72:16, mail 29:6, 29:22 180:8,194:4, 196:18, methods 64:18 115:13 main 5:22,114:4 202:23 mic 39:14,166:17, loser 62:9 maintain 26:17, 27:4 meaningfully 175:23 185:3 losers 62:11 maintained 8:20, means 63:12, 64:20, microphone 22:1, losing 171:9 47:15 103:12, 200:10 30:6, 39:16, 56:21, loss 153:10 maintaining 10:14, meant 196:23 79:13 lost 157:18 15:7, 15:8, 46:22, measure 151:17 mid -aux 25:19 Lot 5:6, 15:16, 22:5, 47:3 measures 119:16 mid -box 40:24 22:12, 23:5, 24:11, maintenance 8:8, mediating 80:23 mid -size 42:13 25:5, 31:10, 31:16, 9:9, 12:1, 47:5, 47:8, Medical 206:24 middle 73:13, 74:14, 31:20, 32:19, 37:19, 47:21, 153:15 meet 42:13 120:7,127:16 38:2, 39:1, 63:3, major 5:24 MEETING 1:1, 1:6, midnight 167:8 76:8, 80:9, 92:1, majority 7:9, 23:23, 3:6, 5:6, 5:11, 8:1, midstream 138:2 100:7,114:1, 124:17, 93:7,121:3, 158:18, 8:18, 9:11, 9:14, mile 25:15,176:14, 161:1, 183:23, 173:9, 196:23,197:1 14:20, 76:12, 94:6, 192:22 192:20, 194:6, man 129:5, 183:1 98:10,103:16, miles 87:2,175:11, 202:11 mandatory 173:9, 106:15,111:13, 176:17 lots 22:4, 22:9, 174:11 115:10,115:24, Millbrook 87:2, 23:18, 24:5, 27:5, manifest 86:9 116:17,119:12, 190:24 Depo Court Reporting Service (630) 983 -0030 226 MILLER 2:12 191:11, 191:15, 207:12, 207:14, needs 8:19,11:13, MILLIRON 20:12, 191:17,191:22, 208:10, 208:12 77:8, 156:3, 156:20, 20:15,20:20, 23:10, 193:10, 193:11, movement 166:18 170:6, 186:24 27:21, 30:18, 30:19, 194:7 Moving 9:13, 12:7, negotiate 175:23 33:11, 33:19, 71:2, month 92:9 84:2, 166:1, 203:12 negotiated 96:10, 73:7, 73:10, 73:18, months 67:11, 92:2, mowing 47:22 100:14 73:23, 74:2, 74:8, 94:19,101:17, 127:4 MUELLER 116:1 neighbor 87:7, 87:8 76:8, 142:7, 142:17, Moraine 35:14, multiple 42:12, neighborhood 143:8, 144:6, 144:17, 50:18, 72:10, 72:17, 81:24, 129:22 183:16 167:5, 168:9, 168:22, 75:2, 75:17, 77:9, Municipal 64:8, neighbors 7:12, 169:5, 169:22, 170:2, 77:11, 77:24, 78:2, 64:12, 135:6, 173:15 82:21, 87:6, 103:7, 170:9, 170:12, 81:2, 115:10,135:13, municipality 64:14, 108:4,183:21 171:13, 203:14, 174:5, 180:21, 64:21, 65:6, 65:9, neither 165:19, 203:16, 203:18, 193:15 68:19, 68:20, 85:12 189:16 204:2, 204:4, 204:9, morning 93:8 mutually 157:1 Nesbit 4:23 205:4, 205:10, mosquito 48:2 myself 76:18, new 16:4, 47:2, 205:15 Motion 3:5, 3:11, 108:18, 108:21, 67:10, 75:3, 100:18, MILSCHESKI 208:24 4:8, 14:23,16:15, 150:9, 150:22, 101:16, 107:11, MILSHAWSKI 53:19, 17:11, 17:12, 18:3, 151:10, 170:18, 115:3, 175:22, 176:1, 53:22, 53:22, 54:19, 18:22, 34:16, 35:11, 172:4,172:9, 191:21 205:11 54:22 35:13, 35:22, 37:4, Newark 52:5, 52:8, mind 88:10,113:9, 49:19, 50:15, 50:17, 52:20, 52:20, 52:21, 135:17, 182:9, 198:1 52:1, 144:21, 146:12, < N > 101:19,115:11, mine 117:12,117:14, 147:9, 147:12, Nam 107:13, 107:22, 138:1, 142:8, 143:11, 119:15,135:4 147:16,148:23, 133:23 144:3,145:8, 145:18, minimal 9:1 149:21, 205:23, naming 181:15 182:6,182:13 minute 10:3 206:22, 207:10, Naperville 79:11 newcomer 108:21 minutes 21:4, 148:3, 208:8 Natural 25:10 newer 42:7 196:9, 197:4 motives 80:15 nature 132:9 News 71:24, 104:24 miscommunication motto 87:6 near 189:16 newspaper 73:12, 132:2 Mount 54:6 necessary 95:9 73:18, 74:9 mishaps 105:14 move 8:4, 33:10, necessitate 41:22 Next 17:12, 29:22, misinformation 37:12, 48:5, 81:12, necessitates 38:13 49:4, 49:8, 78:11, 132:2 120:17, 123:13, need 8:5, 8:10, 9:18, 97:19, 119:6, 120:5, missed 30:2, 92:3 134:16, 138:12, 11:13, 21:1, 21:2, 143:15, 177:2, mistake 61:5 166:18, 166:20, 26:24, 33:10, 39:15, 189:15, 202:20 mistakes 178:18, 166:20, 166:22, 42:6, 42:17, 57:7, nice 81:5,175:17, 188:6 206:19 84:8,111:15, 118:11, 178:16 mitigate 176:19 Moved 3:8, 3:14, 121:9, 127:6,128:11, night 76:16, 126:24, moment 160:9 3:16, 16:17, 16:19, 128:24, 134:16, 165:12, 167:7, 168:5, Monday 130:6 18:4, 18:6, 32:20, 148:19, 160:20, 192:2,192:18, monetary 154:7, 32:23, 34:17, 34:19, 171:1, 184:3,197:12, 202:12 156:15 36:10, 36:12, 49:21, 197:20,199:14, nine 74:22 money 9:7, 46:24, 49:23, 51:7, 51:9, 202:5, 202:10, No. 22:7, 35:15, 47:2, 47:17, 47:19, 79:17, 81:4, 83:19, 204:24, 205:1, 205:2, 42:23, 43:9, 43:12, 48:14, 49:6, 61:14, 146:15, 146:17, 205:2, 205 :7, 207:11 50:20, 83:14, 87:3, 80:13, 121:16, 148:7, 149:1, 191:1, needed 158:18, 90:16, 94:11, 116:1, 145:21, 191:9, 205:24, 206:2, 194:5 116:2, 126:10, 153:5, Depo Court Reporting Service (630) 983 -0030 227 154:1, 157:7, 158:8, < O > 39:22, 77:17, 78:7, 119:5, 148:11, 169:8, 170:1, 180:10, o'clock 192:16 78:21, 88:19, 101:16, 148:17, 150:2, 150:3, 181:7, 201:13, Oak 133:20 101:18, 101:24, 150:9, 151:16, 201:14, 210:24 Oaks 20:19, 20:21, 117:8, 146:7, 177:20, 154:13, 154:15, nobody 55:6 27:14, 33:13 188:15, 198:12, 154:16, 155:1, 155:7, none 11:9, 11:10, oath 210:7 198:18, 204:13, 157:7, 157:15, 14:19, 49:18, 52:13 objected 10:12 205:10 173:17, 174:2, nor 153:9 objection 189:1 one -acre 33:15 175:14, 184:19, normal 77:6, 78:3 objectively 126:18 one -by -one 167:16 185:21, 185:23, North 17:24, 26:24, obligated 99:15, One - family 17:20, 186:5, 193:22, 35:15, 50 :19, 71:11, 99:18 19:20 194:14 75:12, 75:15, 76:15, obligation 157:6, ones 118:8, 122:9 ordinances 96:1, 77:9, 114:19, 137:21, 190:3 Open 12:21, 20:8, 185:11 142:16, 142:18, obstructed 43:22 25:4, 26:4, 53:4, original 42:10, 147:22, 148:2, 148:5, obtaining 95:8, 53:14, 64:3, 73:12, 114:11, 151:15 153:3, 153:24, 95:13 74:2, 100:10, 134:11, originally 21:16, 156:20, 167:17, obvious 179:12, 158:1, 169:11, 39:4, 42:18, 44:16, 169:2, 180:21 183:18, 183:19, 180:11, 198:1, 47:9, 79:10, 79:15, Norton 63:24 187:22 207:11 152:1, 171:5 note 74:20, 75:24, Obviously 8:7, 8:14, opening 52:15 Oswego 33:2,176:2, 124:23 8:19, 15:19, 16:5, opens 60:23 191:12 notes 210:13 80:22, 81:1, 86:18, operate 7:20 others 66:9, 77:18 nothing 74:3, 99:4, 159:9, 177:20, 186:1, opinion 34:9, 63:23, otherwise 154:7, 100:16, 106:21, 191:15, 191:23 111:7, 119:2, 124:3, 156:15 176:8 occasions 129:21, 126:15, 127:22, Ottawa 115:19 notice 21:11, 21:18, 129:22 127:23, 130:7, ought 189:18, 190:3 71:10, 71:23, 74:23, occupy 19:24 131:12, 131:15, outcome 112:6 78:13, 83:20, 114:18, occur 38:24, 67:14, 132:18, 133:2, 135:4, outcomes 126:1 166:13 80:12 135:7, 156:7, 157:13, outlots 8:8, 8:9, noticed 21:15, occurred 129:22 199:3, 199:16, 8:11, 10:15, 10:17 21:16, 29:9, 29:18, occurs 131:19, 201:24, 202:8 outloud 151:13 30:4, 30:4 157:8 opinions 112:12, outside 41:13, notices 21:22, 29:7 October 72:18, 113:5, 123:16, 127:1, 166:20 notification 28:15, 181:12, 196:9 127:7, 135:8, 197:11, override 76:24 60:21 offer 20:9 204:20, 204:20, overriding 194:3 notified 28:19 Office 4:24, 11:16, 204:23 oversight 86:15, notify 61:6 105:18, 113:24, opportunity 4:16, 86:17 November 115:11, 130:13, 207:3 59:1, 113:4, 115:15, owe 195:24 184:21 Officer 56:11 148:10, 164:1 own 7:12, 32:6, Number 35:20, officially 116:23 oppose 61:18 92:11, 112:12, 35:23, 79:20, 95:11, officials 65:13, 80:4, opposed 102:14 121:13, 122:7, 96:7, 97:4, 102:16, 80:12, 106:9 opposite 101:12 135:19, 135:23, 164:21, 164:24, often 126:6, 192:23 ordained 153:19 136:6, 157:14, 185:1, 187:19, old 16:6, 44:5, order 7:20, 11:14, 197:11, 197:21 187:20, 187:20 107:12, 175:18 42:13, 56:14, 106:5, owner 19:11, 20:23, numbers 170:4 Olson 13:11, 29:2 124:19, 126:18 38:12, 65:3, 90:1, on -site 25:22 ordinance 14:13, 91:4, 95:7, 95:13, Once 10:22, 15:9, 93:23, 94:4, 101:12, 95:20, 97:20, 135:19, Depo Court Reporting Service (630) 983 -0030 i 228 153:5, 153:11, 174:4, 174:9 175:6 45:9, 45:9, 45:18, 153:12, 172:23, Pass 118:6,120:22, pertinent 177:19 46:6, 47:7, 47:13 184:3, 185:6, 185:18 121:6, 196:23, PETERSON 67:1, pig 59:3 owners 5:17, 60:16, 201:21 67:5, 67:8, 67:9, PIN 170:3 64:21, 72:12, 99:10 passage 154:18 67:19, 68:4, 68:24, pitching 46:24, 47:2, ownership 8:15, passed 152:8, 69:11, 69:15, 70:1, 47:3 10:7,136:3 167:21, 174:3, 70:6, 70:16, 88:8 place 16:4, 92:22, owns 172:24 175:16, 194:15, petition 5:12, 19:19, 101:18,115:3, 141:6, 197:1 21:13, 94:9, 115:3, 165:11, 175:9, 180:4 l passing 185:23 136:19, 136:21, placed 157:9, 172:8 < P > passion 56:2 152:11, 152:18, places 144:5 P.M. 1:9 past 14:12, 28:5, 152:20, 203:22 placing 104:10, packed 27:2 89:11, 93:6, 178:18 petitioner 17:15, 108:7 packet 71:4, 148:12 patience 175:4 17:21, 18:24, 19:12, plain 189:22 packets 150:12, Patricia 79:5, 79:9, 19:18, 36:1, 52:13, plainly 204:6 150:14, 174:19 108:13, 108:16 77:4, 114:17, 115:18, Plan 6:19, 21:19, Page 63:23, 74:14, PATTEN 179:2, 116:17, 116:20, 24:8, 29:9, 29:19, 74:21, 75:8, 185:1 179:5, 179:5, 180:6, 145:24, 157:21, 31:1, 31:21, 32:3, pages 164:14 180:17, 181:3, 174:5, 175:7, 175:20, 32:5, 32:6, 33:18, paper 29:2, 29:4, 181:13, 181:17, 176:12, 184 :18, 45:24, 46:14, 76:12, 29:13, 30:4, 73:11, 181:20, 181:23 187:4, 206:21 84:2, 86:13, 139:10, 128:4 PAUL 2:3 petitioners 35:17, 139:17 paragraph 185:16 paying 121:16 50:21, 206:24 Planned 207:4 parallel 192:22 PC 17:14, 35:23, phases 11:2 planning 45:14, parameters 77:6 206:23 Phil 27:24, 28:4 175:6 parcel 87:21, 88:9, pending 47:20 Philipchuck 53:1, Plano 176:3 157:6, 170:3 per 22:17, 22:19, 115:2, 116:13, plans 176:10 Pardon 113:18 31:23, 33:4, 55:5 116:15, 116:19, plants 16:5 Park 66:11, 133:20 percent 5:16, 7:8, 118:4, 119:10, plat 19:21, 152:24, Parkway 207:8 47:9, 196:17, 196:23 155:21, 167:10, 154:14 part 31:19, 45:23, percentage 47:14 187:14 player 188:8, 188:12 61:9, 72:9, 75:7, perfectly 130:7 Phillips 52:22 plays 143:13 96:19, 97:2, 97:14, performed 114:9 phone 129:18, pleased 46:7 99:22, 119:18, 145:8, perimeter 43:8 187:18, 187:19, pleasers 126:17 145:8, 146:8, 147:21, period 7:2 187:20, 188:12 pleasure 203:11 147:24, 159:24, permits 95:8, 95:14 phonetic 39:21, Pledge 3:1 168:17, 169:6, permitting 152:16 53:23, 65:3, 66:5, plenty 193:4, 194:22 169:19, 187:24, perpendicular 41:17 107:11, 134:22, PLOCHER 145:1, 190:1, 194:15, person 93:10, 139:3, 182:6, 182:12, 145:4, 145:5, 145:20, 195:12, 202:24 108:18, 112:5, 201:6 146:3 particular 34:13, 123:12, 135:14, physically 89:15 pockets 60:16 82:8, 86:6, 102:4, 196:19 picture 33:12, 75:19, poin 10:15, 121:24, 167:3, 168:16, 181:8, personal 112:12, 75:21, 76:1, 76:8, 128:23, 131:21, 184:18, 185:16, 113:5, 119:2, 124:23, 78:11, 78:14 191:18, 202:4 185:21, 185:23 125:3, 199:16 pictures 74:3, 74:15, pointed 197:19 parties 168:24 Personally 120:7, 78:10, 78:16 police 7:12 parts 27:11 126:23 piece 26:19, 161:6 political 111:11, party 146:1, 174:4, perspective 86:4, PIERSON 45:2, 45:6, 111:12, 122:4 Depo Court Reporting Service (630) 983 -0030 229 Pollution 157:3, predominantly 41:6, 182:17, 191:6 proposed 38:4, 42:6, 157:8, 174:8 42:3 problem 15:21, 54:9, 58:2, 68:18, 98:15, pond 25:23, 26:3, preference 125:3 119:6, 150:18, 152:22 47:16 preferential 77:8 150:24, 203:21 proposing 19:24, ponds 47:22, 47:23 preliminary 19:21, problems 16:2, 28:5, 31:24 POOLE 83:4, 83:7, 207:5 61:21, 105:9, 122:24, protect 14:1, 56:13 83:8, 83:15, 84:10, premium 9:2 123:7 protection 54:11 84:17, 91:16, 91:19, prepare 11:17 procedural 128:15 protocol 150:18, _ 91:19, 92:18, 164:8, preparing 20:3 procedurally 60:22, 180:9 j l ` 164:8, 164:20, 165:5, present 96:21, 123:22 prototypes 42:14 165:14 115:7, 116:12, 120:1, procedure 61:13, provide 24:2, 24:5, popular 125:23 123:4, 148:12 64:2, 70:11, 105:17, 29:4, 45:20, 54:24, portion 47:8, 88:4, presented 74:18, 130:10, 173:5 64:20, 95:6, 130:24, 88:6, 96:1, 138:3, 114:13 procedures 106:7, 131:2, 156:3, 156:19, 147:19, 152:11, presenting 88:13 128:17, 204:15 156:22, 187:4, 202:7 158:12, 158:13, preserved 26:5 proceed 8:13, 59:13, provided 6:14, 160:8, 160:10, 173:1, president 45:10 60:1, 60:17, 61:2, 23:21, 46:13, 72:3, 185:12, 185:17, press 81:16 61:15, 62:8, 65:7 139:8, 139:16, 209:9 presumption PROCEEDINGS 1:6, 139:19, 144:7, portions 38:2 169:10, 173:17 3:2, 56:9, 209:7, 154:18 posed 202:14 pretending 161:19 210:11, 210:15 provision 95:4, position 9:16, 55:2, pretty 40:14, 75:21, process 9:18, 58:4, 96:21, 100:17, 56 :13, 62:18, 121:1, 203:18 59:6, 60:20, 60:21, 175:19 121:6 prevent 54:13 61:2, 61:22, 81:8, provisions 64:11 positions 62:1 previous 7:24, 89:7, 101:16, 101:18, Prudent 59:14, possession 68:21 102:23, 175:16, 105:22, 117:8, 59:19, 59:19, 59:23, possibility 120:3, 193:1 130:15, 139:11, 62:9, 105:5 193:12 previously 173:20, 162:13, 165:11, publication 21:20 possible 65:4, 184:17 167:3, 195:18, publications 29:3, 132:2, 150:17, PRICE 55:21, 55:24, 195:20, 195:21, 29:8 199:21 105:4, 117:22, 118:7, 198:3, 199:5, 201:10, publicly 151:9, possibly 7:18, 126:5, 126:12, 135:8, 202:23, 202:24, 152:12 =� 100:13 165:9 204:19 publish 29:2 post 89:11 principal 147:23 produced 173:23 published 29:13, posted 71:10, prior 49:13, 52:14, professor 64:1 71:7 141:20, 141:21 71:11, 92:8, 130:10, prohibit 131:5 PUD 36:4, 37:18, postpone 208:8 139:9, 139:10, project 72:21 207:5 postponed 206:21 139:17, 139:21, projected 22:5 pulled 120:7 potential 81:14, 141:22, 174:2, 186:6, prolongation 148:4 punishment 109:15 126:1, 156:3, 156:20, 201:9 promote 153:17 purchased 10:22 160:14 private 166:22 proper 45:20, 46:8, purpose 17:13, POWELL 2:11 probably 7:13, 81:8, 105:17, 106:6 50:17, 54:23, 90:7, power 69:7, 72:7, 26:18, 34:3, 40:20, properly 77:12, 78:5, 98:10, 156:7 76:24, 82:11, 107:24, 45:2, 94:19, 115:20, 81:11, 170:6 pursuant 64:17, 107:24 119:1, 119:12, properties 23:24, 131:20, 152:16 practices 72:9 129:21, 131:9, 144:4, 26:18, 85:15, 167:18 pursue 7:22 precedent 9:12, 157:18, 168:2, proposal 12:18, pursued 135:9 12:6, 120:24 172:22, 182:8, 12:24, 158:2 pushing 40:2 Depo Court Reporting Service (630) 983 -0030 230 put 9:16, 34:1, 64:5, 65:1, 80:1, reasoning 114:1, regardless 88:22, 83:18, 86:20, 92:22, 104:23, 128:6, 167:6 108:1 124:1, 124:24, 148:10, 150:6, reasons 164:11, regards 123:17, 128:14, 132:3, 150:21, 151:2, 151:4, 164:21, 165:6, 177:4 141:13, 145:7, 151:9, 151:9, 151:12, 187:22, 192:20, regular 56:1 174:22, 189:14, 154:19, 154:21, 193:4, 193:13 rehash 59:8 194:23, 207:10 155:1, 155:6, 156:4, receipts 28:18 reiterate 26:14, putting 22:16, 46:7, 156:5, 156:8, 156:11, receive 49:6, 118:21, 196:10 _ 106:15 157:19, 163:18, 145:21, 187:18, related 204:9 l 164:15, 181:5, 186:5, 198:13, 198:14, relating 65:4 194:14 198:17 relation 31:20, 59:5, < Q > reading 175:17, received 28:15, 62:5, 94:8, 138:20, qualitatively 155:8 181:12 48:15, 94:16, 114:16, 174:15 quarter 148:5 ready 124:20 115:1, 152:10, 188:2 relationship 132:7 questionable 105:24 reaffirm 134:24 recharge 31:9 relatively 5:5 questions 12:10, Real 11:11, 17:22, reciprocated 59:2 relay 122:19 13:19, 20:4, 20:9, 36:6, 51:3, 82:22, recognize 75:20 relevance 150:9 21:3, 39:5, 44:24, 119:6, 119:15, recommendation relevancy 140:4, 128:9, 135:1 120:21, 121:9, 56:15, 205:14, 140:7 Quick 15:4, 87:20, 132:15, 135:6, 205:18 relief 38:21 132:15, 160:17, 160:17, 190:3, 195:4, reconvene 3:6 relieve 62:16 171:18, 199:12, 198:24, 207:6 Record 10:4, 53:16, relieving 153:15 199:16 reality 60:11, 60:12 71:2, 71:5, 71:9, remain 85:9, 195:13 quickly 120:21, realize 55:3, 55:11, 74:9, 119:20, 129:14, remaining 185:16 121:9, 182:18 107:17, 113:23, 130:6, 154:12, remarks 78:19, quite 8:3, 33:24 115:20, 183:16, 172:12, 202:12 78:23 quoted 110:7 184:16, 189:14 record. 157:10 remember 14:15, really 13:23, 39:4, recorded 6:5, 10:1, 75:9, 75:13, 109:2 40:18, 47:17, 59:15, 184:20 remind 78:21 < R > 70:23, 72:6, 76:9, Recorder 154:13 reminder 4:11 R -1 89:3, 89:11, 90:4 80:5, 91:1, 91:1, recordkeeping 11:4 remove 119:10, R -2 17:19, 19:20, 91:2, 100:11, 165:20, records 6:13, 11:6 195:7 -� 32:4 197:12, 205:7 recover 8:2 removed 116:10, Radona 65:2 reannex 57:14 red 75:9, 105:21 120:8 rail 92:13 reannexed 143:3 redo 60:18 render 127:22, Raintree 87:19 reason 8:11, 12:4, redone 170:6 127:23, 130:7, raise 30:9, 179:18 24:4, 32:23, 38:3, redraft 157:12 131:12, 131:15 raised 108:19 68:22, 111:15, 114:5, reduce 37:23, 37:24 renegotiate 121:2, ramifications 124:21 114:6, 151:14, 154:9, reduced 41:10 170:22 range 28:20, 147:22 155:6, 156:17, referring 177:12 renegotiating 171:5 rate 66:15 160:12, 163:19, refers 195:7 repair 153:16 rather 182:14, 164:24, 182:24, refile 200:11 repeat 47:11, 114:24 191:11, 191:16, 192:18, 193:2, 194:3, refuse 176:20 replace 155:18 191:21 194:13 regard 6:15, 152:17, replacement 187:9 Rathje 37:15 reasonable 95:6 177:9 reply 188:17 reach 125:15, 126:6 reasonably 65:14, regarding 117:9, REPORT 1:6 reacted 167:10 95:13 131:10, 131:13, reported 210:10 read 63:22, 63:23, reasoned 126:2 187:24, 188:16 reported. 3:4 Depo Court Reporting Service (630) 983 -0030 231 Reporter 210:8 19:20 return 176:6, 187:23 20:17, 20:22, 21:12, reports 10:24, 10:24 resident 53:23, revealing 166:15 23:8, 23:17, 24:15, represent 19:11, 58:20, 85:24, 86:1, revenue 55:4, 80:14, 27:9, 28:24, 29:11, 70:8, 112:17, 121:20, 87:19, 91:20, 93:5, 115:13, 145:11 29:15, 31:16 122:3, 130:19, 131:6, 101 :16, 108:17, revenues 102:13 Rose 2:9, 13:5, 172:22 110:22, 130:18, reverse 173:14 119:12, 150:5, representative 134:23, 139:3, 139:4, review 83:21, 117:22 150:16, 151:3 13:12, 19:14 158:5, 170:15, reviewed 94:8 rough 165:19 representatives 171:10, 171:12, reviewing 117:4 roughly 175:19 78:14, 112:9, 112:10, 171:19, 172:10, revised 179:10 Route 17:24, 26:24, 115:7, 122:22, 178:14, 183:11, revisions 116:11, 36:8, 36:8, 46:6, 127:14 183:12, 183:13, 116:13, 116:18, 51:5, 72:3, 72:4, representing 37:16, 184:14, 191:1, 116:20, 116:22 106:2, 147:20, 148:1, 115:18, 152:24 191:21 revolving 124:17 152:13, 156:24, represents 4:24 residential 31:22, rezoning 17:18, 175:12 republic 111:18, 56:1 50:24, 89:7, 207:2 rubber 121:14, 112:8, 112:8 residents 10:12, RICH 101:3 196:24 Republican 74:16 12:17, 14:2, 67:10, Richard 182:11 rude 115:19 request 37:17, 70:8, 80:5, 86:8, Rick 101:6, 158:4 rule 56:14 37:22, 38:3, 47:20, 154:8, 156:16, ridiculous 33:5, ruling 199:3, 199:4, 90:12, 90:14, 117:14, 170:18, 193:17 81:23 201:20 117:15, 118:7, resolution 194:16 riding 60:7 rumors 109:11 143:24, 160:14, Resources 25:11 right -of -way 26:1, running 113:24 160:19, 173:3, respect 63:12, 63:16 156:23 runs 24:10, 83:16, 185:18, 186:22, respectable 63:16 right -of -ways 97:8 142:15, 143:11, 187:2, 187:8, 198:12 respectfully 198:20 risk 125:22 161:4, 165:23, requested 95:7, respective 7:5 River 82:19, 83:8, 192:22 115:21, 187:14, respond 200:4 84:5, 84:6, 91:20, rush 77:24 187:21 response 13:1, 93:6, 101:7, 108:17, Rush - copley 206:23 requesting 17:17, 16:10, 34:14, 39:10, 133:19, 164:23 RUTKAS 26:9, 21:14, 36:3, 50:23, 39:12, 40:6, 40:9, roads 55:7, 171:1, 26:12, 26:13, 57:21, 85:5, 195:15, 207:2 45:1, 49:17, 52:11, 184:1, 184:1, 189:4 57:24, 58:1, 58:7, require 24:2, 41:1, 114:23, 116:24, roadway 130:16, 165:17, 165:21, 144:13, 166:21, 157:23, 205:21 131:17, 156:3, 166:12, 166:19 174:12, 196:14, responsibility 62:17, 156:20, 175:21, 196:17, 196:22 136:11, 136:22 175:22 required 28:20, responsible 47:21 roast 59:3 < S > 46:3, 95:14, 95:24, rest 22:6, 22:15, Robert 26:9, 26:13 Sable 25:19 119:3, 119:22, 173:9, 38:7 roll 3:17, 16:20, safety 189:2, 189:5 185:11 restarted 201:11 18:7, 34:20, 36:13, sale 194:23 requirement 90:18, restating 148:18 49:24, 51:10, 146:18, sand 72:14 119:24, 174:11 result 23:23, 24:1, 149:6, 206:3, 207:15, sane 59:21, 60:1 requirements 71:18, 153:9, 154:8, 156:16, 208:13 Sanitary 23:20, 198:15 159:2 rolling 61:23 23:21, 24:3 requires 11:20, 90:3 retailer 38:11 Ron 53:19, 53:22 sardines 27:3 requiring 153:11 retention 47:22, room 76:17, 80:6 satisfied 52:23 research 13:9, 13:11 47:23 ROSANOVA 19:1, saturated 31:12 Residence 17:20, rethinking 167:12 19:5, 19:8, 19:9, Saturday 75:10, Depo Court Reporting Service (630) 983 -0030 232 75:11, 93:6 seconded 3:17, 70:22, 101:20, shown 199:23 saying 94:20, 98:2, 16:20, 18:7, 34:20, 101:22, 164:10, shows 33:17,144:3 99:9, 101:14, 102:19, 36:13, 49:24, 51:10, 168:11, 210:16 sic 58:14 103:20, 128:2, 146:18, 206:3, setback 21:15, side 17:24, 21:14, 137:18, 150:7, 207:15, 208:13 37:23, 38:1, 38:23, 25:12, 26:17, 31:7, 194:14 Secondly 173:12 39:22, 40:1, 40:14, 34:7, 39:1, 43:11, says 74:1, 95:5, seconds 148:3 41:6, 41:9, 41:23, 60:24, 75:9, 81:1, 95:19, 98:18, 129:5, Section 71:23, 42:20, 43:5, 44:1 99:9, 137:21, 137:21, 174:1, 174:3, 174:6, 73:13, 74:10, 76:14, setbacks 38:8, 142:10, 142:11, 174:10, 174:12, 142:14, 148:6, 154:2, 38:14, 38:21 153:6, 164:6, 169:3, 181:16, 185:6, 154:11, 154:16, setting 9:12, 12:6, 175:12, 198:1 185:16, 210:7 185:5 109:4 sides 175:4, 194:9, schedule 78:4, Sections 147:22 seven 6:6, 10:19, 198:5 195:21, 198:17 seeing 135:8, 135:9 11:6, 15:17, 16:6 sight 46:9 scheme 75:1 seek 128:10 seven -year 6:7, 7:2 sights 103:10 School 34:2, 64:1, seeking 19:19, several 13:4, 21:22, sign 43:19, 43:22, 128:24, 145:15, 173:2 63:20, 68:17, 85:15, 105:2 147:12, 192:14 seems 72:6,120:13, 88:10, 116:23, signaled 43:15 SCHROEDER 178:3, 193:9 131:10, 131:11 significant 9:3 159:16, 159:19, seen 67:22, 100:11, severe 55:9 signs 54:3, 71:10, 159:20, 160:3, 118:13, 119:14, sewer 34:1 71:12 160:23, 161:8, 120:24, 142:8, shall 95:24, 154:8, similar 20:23, 41:5, 161:14, 161:18, 174:14, 174:16 154:16, 156:15, 96:20, 97:11, 175:15 161:24, 162:2, 162:5, sell 175:2 157:6, 157:9, 185:10, simple 108:18, 162:9, 162:23, 163:2, send 83:24 185:17 197:1 163:10, 163:15, sending 105:20 shallower 41:2, simply 53:9 163:21, 164:3 sense 9:23, 121:18, 41:22 single 112:4 science 111:11, 122:8, 196:16, 197:2, shape 41:5 single - family 20:1 111:13, 122:4 197:13, 197:21 share 122:5, 179:16 Sir 20:10, 26:6, score 125:8 sensible 59:21, sheet 147:18 27:21, 32:12, 34:9, Scott 87:15, 87:18 60:1, 62:7 shepherd 58:4 39:13, 46:12, 57:19, scrambling 72:15 sentence 97:19 Shifrin 4:23 65:22, 84:19, 86:22, screwed 72:22 separate 21:18, Shopping 35:24, 87:13, 92:5, 93:4, search 190:4 26:2, 52:6, 100:2, 38:4, 191:13 102:11, 110:18, seat 62:2 103:7, 107:2, 116:8, Short 4:14, 82:20, 118:10, 136:3, secon 61:16 119:5, 157:14, 82:22, 107:15, 142:6, 140:15, 164:6, Second 3:9, 3:15, 195:15, 204:18 203:15, 203:17, 165:16, 166:16, 6:24, 16:18, 28:14, September 34:7, 203:19 178:6, 181:24, 183:6, 31:19, 34:18, 36:11, 74:22, 94:7, 167:6, shorter 44:9 192:7, 200:17, 204:7 49:22, 51:8, 77:2, 181:2, 181:11, Shorthand 210:8, sit 80:12, 194:19 105:3, 106:10, 181:18, 187:12 210:10, 210:13 site 25:8, 25:14, 138:23, 146:16, september. 94:2 shortly 107:3 25:24, 71:8, 141:21, 148:8, 149:2, 151:17, septic 24:1, 24:3 Shouldn't 105:20, 171:1 151:21, 155:23, serve 122:10, 171:8 111:5, 135:20, 189:3, sited 88:19, 88:19 172:2, 188:2, 188:12, serves 173:24 192:20, 193:5 sites 81:24 206:1, 207:13, Service 3:13, 5:13, show 44:3, 71:3, siting 59:5, 61:22, 208:11 8:7, 9:6, 11:14, 11:24 71:5, 71:9 77:15, 137:4, 157:3, second. 18:5 set 39:22, 47:9, showed 10:23 174:7, 175:23, Depo Court Reporting Service (630) 983 -0030 233 195:21, 199:5, Soon 106:10 spoke 123:16, 196:21, 201:22, 204:19 soonest 67:16, 124:10, 130:4, 130:5, 210:1, 210:8 sitting 159:10, 186:9 188:7 stated 38:20, 97:6, 174:20 Sorry 24:3, 35:19, spoken 103:8, 98:9, 173:7,173:16, situation 121:11, 42:23, 65:22, 65:23, 110:12, 112:14, 186:8 123:18, 128:15, 69:1, 79:14, 118:16, 113:14, 119:23, statement 12:8, 162:18 139:18, 139:18, 129:20, 141:1 13:23, 47:14, 66:23, six 13:15, 86:1, 150:13, 154:24, Spring 24:11, 53:24 97:12, 122:17, 147:22 177:1, 185:4, 191:19, square 23:18, 25:15, 122:18, 195:3 six -year 190:24 192:2, 198:10 27:18, 30:20, 31:17, statements 113:17, size 22:4, 22:11, sort 7:17 31:17, 41:4, 177:23 113:20, 113:23 23:5, 23:7, 27:17, sorts 109:12 ss 210:2 States 111:19 30:22, 31:16, 31:20, soul 190:4 SSA 5:19, 9:17, 11:1 stating 114:17 32:19 sound 46:9 Staff 14:7, 20:3, 49:1 status 49:13 sizes 22:12 sounds 175:15 stamp 121:14, statute 90:21, 90:21, slanderous 78:19, South 17:23, 20:17, 196:24 114:14, 131:20, 78:23 20:18, 20:20, 26:17, stand 61:8, 109:18, 143:20, 162:11, slash 74:24, 74:24 32:24, 41:14, 42:16, 110:1, 113:4, 157:14, 162:14, 163:6, sleep 126:24 44:6, 44:16, 44:22, 195:20 163:18, 168:16, slight 38:14 51:4, 84:2, 84:3, standards 15:9, 174:1, 174:10, slightly 28:5 137:21, 142:16, 16:13 196:17, 204:6 small 41:9 142:18, 147:19, standing 59:7, Statutes 105:16 smaller 22:21, 41:22 148:1, 148:1, 148:2, 78:14, 118:5 statutory 64:17 Smith 19:15, 25:2 148:5, 152:12, 173:1, standpoint 197:14 Stay 59:15, 59:23, sneak 78:5 207:7 Star 35:15, 50:19, 60:10, 61:9, 62:8, sod 16:5 southeast 36:7 71:11, 75:12, 75:15, 84:8, 86:21, 92:16, soggy 24:11 southern 25:8 76:15, 77:9, 114:19, 93:2, 105:6, 105:7, solely 122:21 southwest 34:6 153:4, 153:24, 105:11, 106:1, solid 139:10, 139:17 space 25:5, 26:4, 156:20, 167:17, 106:17, 121:4, j solution 203:20, 42:4 169:2, 180:21 130:23, 130:23, 204:4 speakers 21:2, 59:4 start 25:16, 165:10, 195:21, 205:2, 205:2, somebody 142:21 speaking 5:2, 8:21, 199:17 205:2 --' somehow 13:24 23:13, 84:14, 110:8, starting 120:14 staying 42:3 Someone 18:23, 129:5, 130:1, 134:6, starts 25:12 stench 91:6 32:12, 53:15, 84:18, 177:5 State 7:21, 11:4, step 59:16, 123:23 87:13, 91:13, 101:1, Special 3:13, 5:13, 39:14, 39:15, 53:16, stepping 103:19 104:16, 106:24, 8:6, 9:6, 11:14, 11:24 67:2, 88:18, 88:18, stick 39:23 126:14, 135:22, specialized 63:7 90:21, 97:20, 105:16, stood 175:7 172:14, 176:24, specific 67:14, 114:14, 123:17, stop 43:19, 109:24, 177:11, 178:23, 90:16, 95:4, 100:8, 127:24, 129:4, 126:9, 169:9, 200:14, 184:8, 190:12, 131:20, 136:10 129:12, 130:12, 201:13, 201:16, 190:17, 194:6 specifically 37:19, 130:13, 130:21, 202:9 someplace 175:22 96:11, 96:12, 96:13, 131:7, 131:20, stopped 198:23, sometimes 111:23 97:19, 131:6, 163:7 138:24, 143:20, 201:10 somewhat 98:6, spend 191:11, 144:23, 162:11, store 45:22 175:15 191:17, 191:21 162:14, 163:18, stores 45:22 somewhere 103:10, spirit 109:5 175:10, 187:10, stormwater 26:3 180:15, 193:20 split 145:11 196:17, 196:18, story 194:9 Depo Court Reporting Service (630) 983 -0030 234 straight 41:17, 44:22 203:3 Tenpin 182:2, 182:5, Tim 178:8, 178:11 strange 163:4, suit 61:1 182:5, 189:3 Timber 32:18, 183:9 163:6, 163:24 Sunflower 3:12, 5:1, term 173:11 tired 59:10 Street 110:22, 9:23, 10:18, 15:5 terms 29:1, 60:2, title 8:15, 10:23, 178:13, 184:15 super 173:9 60:5, 61:3, 100:8, 10:24 street/road /right -of- supercedes 88:20, 100:14, 119:11, Today 73:2, 110:24, way 154:5, 154:10, 90:22 119:17, 150:17, 111:4, 113:6, 124:9, 156:13, 156:18 Support 74:16 176:9 124:10, 124:11, strong 109:4 supporting 121:1, testimony 12:23, 130:5, 179:13, \ l strongly 114:3, 195:7 13:2, 53:6, 53:9, 186:11 114:4, 122:2 supposed 12:16, 174:16 Todd 20:12, 71:1, study 174:15 46:23, 47:1, 47:3, Thanks 142:4, 142:6, 167:4, 170:7, stuff 48:1, 168:6, 47:18, 68:12, 73:21, 164:3, 181:23, 184:5 171:10 189:2 113:3, 122:3, 133:24, thereby 153:14 together 72:15, style 27:17 164:15, 169:1, they'll 6:23 109:6, 154:14, subdivision 10:5, 179:14, 179:24, They've 86:19 180:13, 180:15 19:21, 20:19, 27:1, 196:9 thinking 34:6, 81:5, Tom 85:20, 85:23, 27:14, 28:6, 31:3, suppress 177:6 100:10 177:3 31:5, 33:12, 33:23, surprised 31:13, thir 61:20 Tonight 5:7, 19:13, 83:9, 87:19, 91:21, 174:23 Third 147:23, 152:6, 28:16, 30:11, 30:12, 93:7, 93:9, 97:10, surrounding 62:13 155:24, 170:22 52:8, 52:22, 53:9, 207:9 sustainable 157:1 though 13:17, 30:4, 54:17, 55:1, 57:7, subject 64:15, sworn 210:7 132:7, 148:18 58:12, 76:22, 94:21, 66:19, 66:19, 93:3, thousand 13:15 98:7, 98:12, 101:13, 95:9, 95:17, 95:21, threat 194:10 103:17, 106:15, 95:23, 97:21, 98:20, < T > threaten 194:5 110:20, 118:13, 185:7, 185:9, 204:1 tacky 26:22, 27:12 threatened 61:1, 124:18, 125:9, 127:2, submit 32:8, 116:24, talked 52:19, 52:20, 72:18, 116:9, 140:2, 127:22, 144:8, 117:4, 117:7, 117:24 93:9, 127:23, 127:24, 193:14 160:18, 161:3, submitted 116:22, 129:5, 169:12, 182:9, threatening 135:13, 165:13, 167:23, 117:12, 117:18, 186:1, 188:23, 197:7, 197:20 168:10, 174:20, 117:21, 118:2 201:18 threats 113:7, 175:5, 175:8, 175:15, subsequently 21:17, talks 168:17, 181:15 197:17 195:3, 195:22, 196:8, 94:18 tall 46:8, 54:11, three 5:22, 5:24, 8:9, 202:19, 202:19 substance 200:16 109:18, 110:1 22:16, 22:18, 33:4, took 72:13, 158:24 substantial 153:8 taught 109:17 34:2, 35:21, 41:10, top 66:12 substantiating tax 55:4, 145:11 108:19, 109:15, topic 86:16 120:22 taxes 102:14 119:2 topics 130:18 sudden 15:21 TDC 35:24, 37:16 three -acre 26:18 tortious 65:11 sue 61:7, 72:12, teach 111:11 three - quarters total 175:11 72:18, 140:2, 193:15, technicalities 161:2, 119:24 towards 22:11, 40:2, 193:17, 193:24, 161:3 throw 113:7, 189:23 195:11 194:5, 197:20 technicality 161:1 THUROW 188:13, town 106:20, sued 114:21, 114:21, technically 40:16, 188:19, 188:22 133:21, 137:21, 193:23 161:6 ticking 177:22, 137:21 sufficient 54:13 ten 32:20, 75:12, 198:22 Township 18:2, suggest 141:24 192:16 ticky 26:22, 27:12 145:16, 147:22 suggesting 98:4, tenant 42:8 tie - breaking 75:14 track 204:19 Depo Court Reporting Service (630) 983 -0030 235 Tracy 37:6, 37:9, 47:10 130:17, 143:16, 199:2, 199:3, 199:23, 37:14, 38:20 Tuesday 3:6 144:18, 158:17, 201:19 traffic 174:15, turn 30:6, 73:13, 166:1, 168:10, update 49:13, 183:24, 184:2 89:10, 176:15, 202:6 177:10, 199:10 154:20 transcript 210:13 turned 179:23, 195:6 understanding 9:14, upfront 130:1 Trashmore 54:6, tw 103:7 10:7, 10:13, 42:20, upper 25:18 54:8 twice 151:17 45:13, 88:9, 101:8 upset 54:3 travel 172:5, 182:7, Two 8:5, 11:1, 21:13, understood 126:15, urban 85:3, 85:6, 182:16 22:15, 27:10, 38:21, 204:12 85:12 TRAVIS 2:12 42:11, 48:19, 67:18, unemotionally urge 103:8, 103:13 Treasurer 2:11, 74:11, 78:13, 86:19, 126:19 urging 104:12 74:17 87:2, 112:20, 123:14, unfair 56:9, 178:3 usage 70:19, 89:1, treated 47:24 141:9, 157:19, unfamiliar 108:24 89:1 treating 47:23 164:10, 164:20, unfortunate 81:2, user 40:24 treatment 77:8 164:22, 164:24, 111:12 uses 32:7, 89:13 tree 46:2 165:6 168:24 unfortunate) 188:5 using 87:22 Y g trees 45:20 175:11, 176:16, UNIDENTIFIED' tremendous 81:15, 177:20, 180:12, 15:15, 16:3, 23:4, 191:14 186:10, 194:9, 68:14, 124:14, < V > Tribetof 107:6, 202:24, 203:10 125:18 vacate 60:22, 96:14, 107:9, 107:11 two- thirds 119:22 unincorporated 106:13, 152:11, tributaries 164:22 type 7:23, 12:8, 69:10 152:18, 152:20, tributary 83:16, 27:17, 38:10, 40:24, unique 9:22, 10:18 153:2, 153:14, 83:19, 84:2, 84:5, 131:16 Unit 207:4 160:20, 161:13, 165:23, 166:2 types 89:13 United 1:2, 2:18, 162:3, 171:21, 173:2, tried 78:6, 204:5 typical 23:8 17:16, 17:17, 17:19, 173:4, 175:21, trucks 55:12, 92:13 typically 93:22, 35:18, 36:2, 50:22, 176:20, 180:18, true 97:18, 112:2, 97:19 50:24, 51:1, 61:6, 184:1, 191:3, 193:14, 128:14, 210:12 66:8, 71:8, 111:19, 193:17 truly 81:8 152:10, 152:13, vacated 123:21, Trust 35:15, 35:16, < U > 152:14, 152:19, 152:22, 153:1, 50:19, 50:20, 77:9, u/t 153:4, 154:1, 153:1, 153:7, 153:13, 153:18, 153:24, 106:15, 114:19, 156:21 153:20, 154:8, 165:24, 169:18, 153:4, 153:24, Ultimately 5:13, 156:16, 180:2, 207:1, 170:20, 174:7, 156:21, 179:24, 8:18, 10:1, 10:6, 207:3, 207:4 176:13, 183:1, 184:4, 180:21, 181:7, 11:2, 11:8, 11:14 units 31:23, 95:15 185:17, 192:19, 181:12, 181:15, unaware 48:19, University 63:24 192:20, 193:3, 181:16 108:23 unjust 56:9 194:13, 200:7 truth 109:16 unbelievably 109:5 unless 69:18, 92:6, Vacating 128:18, Try 4:13, 10:3, 83:24, unbiased 135:4, 131:6 151:16, 153:17, 94:15, 121:5, 156:11, 135:7 unlike 170:18 154:4, 154:9, 156:12, 178:2, 197:14 underneath 165:23 unreasonable 156:17, 158:18, trying 33:11, 33:21, understand 15:24, 143:24 159:3, 159:11, 35:19, 38:6, 78:5, 22:22, 25:17, 34:1, Until 77:18, 118:13, 159:21, 162:24, 89:12, 122:19, 150:8, 47:4, 69:17, 69:20, 124:18, 148:19, 168:13, 174:1, 160:3, 160:7, 163:22, 79:19, 80:15, 82:5, 157:4, 177:16, 176:19, 179:10, 167:5, 169:13, 177:6 82:9, 101:17, 102:18, 177:16, 181:1, 186:2, 183:22, 196:5, Tucker 38:20, 46:23, 103:9, 103:24, 104:5, 191:1, 198:22, 199:2, 196:14 Depo Court Reporting Service (630) 983 -0030 236 VALERIE 2:5 75:11, 94:1, 141:5, watershed 25:19, 117:1, 130:8, 130:9, valid 144:15, 144:16, 141:8, 151:23, 46:21 137:2, 137:20, 169:23, 177:15 167:16, 168:5, 168:7, Wayne 67:10 137:20, 143:21, validity 173:18 181:10, 187:13, ways 189:4 161:12, 161:22, Valley 17:14, 19:12, 187 :15, 196:4, web 141:21 169:23, 185:21, 19:14 203:10 Webster 59:19 193:10, 199:20 value 153:8, 174:21, votes 70:17, 112:20, week 21:17, 49:4, whim 112:12 186:24,194:17 119:3 83:21, 104:24, Whole 5:6, 5:11, values 170:19 voting 67:15, 67:23, 114:24, 128:4, 142:1 70:21, 72:21, 92:18, variance 21:15, 110:3, 114:6, 123:5, weeks 49:8, 67:18, 101:22, 116:16, 29:24, 40:13, 40:16 123:9, 139:10, 141:9, 186:10, 117:8, 121:11, 127:9, various 64:22 171:22 203:10 142:1, 155:2, 157:11, vehicles 176:15 weigh 63:5, 128:3, 157:17,180:12 veil 113:7 197:16 wide 23:9 version 195:4 <W> weird 162:18 wider 41:2, 41:15, versus 183:12 wait 78:2, 124:18, WEIS 123:17,124:9, 42:7 vested 135:9 148:19 129:8,129:11, width 156:23 Veteran 207:8 Wal -mart 145:7, 129:12,132:20, widths 42:14 viable 61:7 145:10 132:22, 133:2 wife 164:12 Viacobi 65:2 walk 15:18 welcome 125:17, WILLIAM 2:11 Viet 107:13, 107:22, walked 33:23 165:20 willing 171:4 133:23 Walker 157:1, well -being 107:19 win 56:10 View 17:14,19:12, 176:16 Wells 60:15, 172:24, Windham 179:6 19:15, 43:22, 46:14 Wally 138:15,139:2 182:7,189:10 wise -crack 63:12 Village 65:13, 87:19, wandering 70:10 West 19:11, 32:24, wish 113:24, 183:10 145:18 wanted 32:22, 88:8, 51:5,142:11, 142:15, within 28:19, 42:3, Vince 19:5, 19:9 93:11, 104:23, 115:6, 143:1, 148:3, 184:15 49:4, 49:7, 69:5, violate 139:9 115:6, 115:7, 129:3, wetland 24:17 69:13,72:7,93:21, violation 180:11 154:19,155:6, wetlands 26:4, 101:9,102:7, 118:23, violations 7:1, 7:4, 157:17,162:5, 28:12 119:7, 120:4, 138:5, 7:11, 92:10 178:16, 179:19, whatever 6:21, 9:9, 152:13,162:15, Virginia 60:15, 179:20, 191:2, 200:2, 12:3, 22:20, 52:23, 162:20, 163:8, C 172:24, 182:7, 200:3 69:6, 86:10, 90:2, 163:17, 170:4 189:10 wants 4:15, 72:21, 107:23, 108:6, without 15:18, 46:2, virtually 11:6, 31:12 77:4, 81:17, 86:10, 109:19, 110:2, 143:1, 60:18,60:21, 81:7, visualize 33:21 90:11, 90:11, 103:23, 167:13,167:15, 159:23,166:14, VITOSH 1:8,210:6, 105:11, 123:12 201:16 171:22 210:23 Ward 110:23 Wheaton 37:15 WITNESS 76:17, voice 108:5, 112:13, warm -up 155:6 whenever 181:15 210:16 127:8 warned 78:17 Whereas 152:9, woman 133:22 voiced 115:12, 127:7 waste 81:18, 88:3, 152:14,152:18, wonder 76:9 void 173:11 88:3, 88:15, 88:19, 153:1, 153:6, 153:12 wondered 15:6, Volte 190:20, 89:10, 139:10, WHEREOF 210:16 167:11 190:23, 190:23 139:17 wherever 191:12 wonderful 191:24 voluntary 56:3, water 23:20, 31:10, Whether 30:13, wondering 52:7, 102:3, 102:4, 143:17, 33:24, 47:15, 54:11, 54:10, 56:16, 57:5, 76:2, 145:6, 150:17 144:10 54:12, 54:13,191:5, 70:17, 89:22, 92:13, WOODRICK 138:9, voted 5:19, 15:10, 191:6 106:12, 116:21, 138:15,138:18, Depo Court Reporting Service (630) 983 -0030 237 139:2, 139:3, 139:16, 108:23, 134:23, 140:1, 140:6, 140:10 135:5 Woodward 37:15 Yield 43:20, 43:21, word 59:19, 59:22, 43:22 111:3,130:23, Yorkville - bristol 161:20 23:21 worded 163:6 yourself 21:3, 48:14, words 106:16 62:16, 75:21 I work 11:16, 81:21, yourselves 180:2 ( l 96:12, 127:19, 183:12, 187:20 worked 9:6, 145:23 < Z > working 20:2, 83:23, ZBA 21:14 97:5, 97:7, 97:8, zero 41:11, 44:2 132:7 zone 25:20 works 161:10, zoned 85:16 172:16 Zoning 19:20, 21:20, worry 84:4 29:24, 32:4, 85:9, worse 28:10, 109:15 85:14, 88:1, 88:14, worth 183:2 88:20, 88:22, 89:5, writing 49:4 89:11, 89:20, 90:16, written 71:3,119:13, 90:18, 90:19, 90:22, 174:17 90:23, 95:2, 96:9, WYETH 2:17, 98:5, 99:24, 100:1, 101:10,117:21, 207:5 124:7, 124:16, 125:7, 125:14,125:20, j 126:10, 126:13, < Dates > 127:10, 127:13, 1 -06 -2007 71:24 127:15, 127:21, 1 -23 -2007 71:4 128:8,129:20, 9 -07 -2006 74:23 129:23,130:4, 132:7, 9 -16 -2007 75:10 ' 132:13,137:12, 9 -25 -2006 76:12 137:24, 148:20, august 8, 2006 150:11, 150:14, 35:16, 35:16, 35:17, 150:23 50:21, 50:21, 50:21, 153:4, 153:4, 153:4, 154:1, 154:1, 154:1 < Y > august 8, 2006, yard 21:14, 88:3, 06 -9993 156:21, 88:3, 88:15, 89:10 156:21, 156:21 year 55:5, 92:22, january 23, 2007 107:12,179:7 1:8, 1:8, 1:8 years 6:6, 10:19, 11:6, 15:17, 16:6, 24:8, 32:20, 32:21, 53:24, 66:10, 79:10, 85:24, 86:2, 108:19, Depo Court Reporting Service (630) 983 -0030