City Council Minutes 2006 09-26-06 i
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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 AND
THE BEECHER CENTER 908 GAME FARM ROAD ON
TUESDAY. SEPTEMBER 26.2006.
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Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of
Allegiance.
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ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Leslie Present
Ward H Burd Present
Wolfer Present
Ward III Bock Present
Munns Present
Ward IV Besco Present
Spears Present (met City Council at Beecher Center 7:10)
Also present: City Clerk Milschewski, City Attorney Wyeth, Interim City Administrator Crois,
Assistant City Administrator Olson, Police Chief Martin, Police Lieutenant Schwartzkopf,
Director of Public Works Dhuse, Community Development Director Miller, Finance Director
Mika, Director of Park & Recreation Mogle, Deputy Clerk Pickering, and Public Relations
Manager Spies.
OUORUM
A quorum was established.
Mayor Prochaska entertained a motion to adjourn the meeting and reconvene it at the Beecher
Center. So moved by Alderman Bock; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Leslie -aye, Burd -aye, Wolfer -aye, Bock -aye, Munns -aye, Besco -aye
The meeting was adjourned and reconvened at the Beecher Center 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
Mayor Prochaska asked that Item #I — Ordinance Amending City Code Title 1 — Administration,
Chapter 5 — Mayor and City Council Regarding Dissemination of Information under the Mayor's
Report be moved to under the City Council Report.
COMMITTEE MEETING DATES
Public Works Committee Committee of the Whole
7:00 P.M., Tuesday, October 17, 2006
City of Yorkville Conference Room
Economic Development Committee Committee of the Whole
7:00 P.M., Tuesday, October 17, 2006
City of Yorkville Conference Room
Administration Committee Committee of the Whole
7:00 P.M., Tuesday, October 3, 2006
City of Yorkville Conference Room
Public Safety Committee Committee of the Whole
7:00 P.M., Tuesday, October 3, 2006
City of Yorkville Conference Room
Ad Hoc Technology Committee To Be Announced
PRESENTATIONS
None.
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The Minutes of the Regular Meeting of the Citv Council — September 26. 2006 — page 2
PUBLIC HEARINGS
Pat Smart
(PC 2006 -61)
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Pat
Smart, petitioner, who has filed an application with the United City of Yorkville, Kendall County,
Illinois requesting a special use in the United City of Yorkville for a pre - kindergarten in a B -3
Service Business District. The real property consists of approximately 1258 square feet located
southwest corner of Route 34 and Sycamore Road (Fox Hill Center) in Kendall County, Illinois.
So moved by Alderman Wolfer; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Leslie -aye, Wolfer -aye James -aye,
Munns -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 -8 Nays -0
Leslie -aye, Wolfer -aye James -aye, Munns -aye,
Burd -aye, Spears -aye, Bock -aye, Besco -aye
Neil, Beverly and Craig Borneman
(PC 2006 -44)
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Neil, Beverly and Craig Borneman, petitioners, who have 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 A -1 Agricultural District, , B-
3 Service Business District and B -3 Special Use for Gasoline Service Station and for hearing as to
the Annexation Agreement of Petitioner. The real property consists of 258 acres north and south
of Route 71 and east of Highpoint Road in Kendall County, Illinois. So moved by Alderman
Wolfer; seconded by Alderman Bock.
Motion approved by a roll call vote. Ayes -8 Nays -0
Spears -aye, Burd -aye, Munns -aye, James -aye,
Wolfer -aye, Leslie -aye, Besco -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 end the meeting if the applause from the public
continued. So moved by Alderman Munns; seconded by Alderman Besco.
Motion defeated by a roll call vote. Ayes -2 Nays -6
Wolfer -nay, James -nay, Munns -aye, Burd -nay,
Spears -nay, Bock -nay, Besco -aye, Leslie -nay
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Munns; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, Munns -aye, James -aye, Wolfer -aye,
Leslie -aye, Besco -aye, Bock -aye, Spears -aye
North Star Trust Company
(PC 2006 -71)
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
North Star Trust Company u/t dated August 8, 2006, No. 06 -9993, 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
B -3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The
real property consists of approximately 15.32 acres located on the south side of Route 71 west of
Highpoint Road in Kendall County, Illinois. So moved by Alderman Bock; seconded by
Alderman Wolfer.
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The Minutes of the ReLyular Meetine of the Citv Council — September 26, 2006 —page 3
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, Munns -aye, James -aye,
Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye, Spears -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 Burd.
Motion approved by a roll call vote. Ayes -8 Nays -0
Munns -aye, James -aye, Wolfer -aye, Leslie -aye,
Besco -aye, Bock -aye, Spears -aye, Burd -aye
Eric and Diane Schanze
(PC 2006 -45)
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Eric and Diane Schanze, petitioner, who have 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 and R -3 One Family Residence District to United City of
Yorkville M -1 Limited Manufacturing District, B -3 Service Business District and R -2 One-
Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real
property consists of approximately 80 acres located on Highpoint Road and State Route 71 in
Kendall County, Illinois. So moved by Alderman Bock; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -8 Nays -0
Munns -aye, James -aye, Wolfer -aye, Leslie -aye,
Besco -aye, Bock -aye, Spears -aye, Burd -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 Burd.
Motion approved by a roll call vote. Ayes -8 Nays -0
James -aye, Wolfer -aye, Leslie -aye, Besco -aye,
Bock -aye, Spears -aye, Burd -aye, Munns -aye
North Star Trust Company
(PC 2006 -67)
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
North Star Trust Company u/t dated August 8, 2006, No. 06 -9993, 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
A -1 Agricultural District and for hearing as to the Annexation Agreement of Petitioner. The real
property consists of approximately 759.7 acres located on the south side of Route 71 east and
west of Sleepy Hollow Road in Kendall County, Illinois. So moved by Alderman Besco;
seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Wolfer -aye, Besco -aye, Bock -aye, Spears -aye, Burd -aye, Munns -aye
* Alderman Leslie was not present for the vote
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 y p g by Alderman
Besco; seconded by Alderman James.
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Motion approved by a roll call vote. Ayes -8 Nays -0
Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye,
Spears -aye, Burd -aye, Munns -aye, James -aye
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Vacation of Sleepy Hollow Road
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
vacation of Sleepy Hollow Road located south of Illinois Route 71, that part of sections 14 and
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The Minutes of the Reeular Meetine of the Citv Council — September 26. 2006 — naue 4
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 corner of said section 23, in Kendall
County, Illinois. So moved by Alderman James; seconded by Alderman Bock.
Motion approved by a roll call vote. Ayes -8 Nays -0
Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye,
Spears -aye, Burd -aye, Munns -aye, James -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 Burd.
Motion approved by a roll call vote. Ayes -8 Nays -0
Leslie -aye, Besco -aye, Bock -aye, Spears -aye,
Burd -aye, Munns -aye, James -aye, Wolfer -aye
CITIZEN COMMENTS
None.
CONSENT AGENDA
1. Building Permit Report for August 2006 (EDC 2006 -235)
2. Resolution 2006 -78 - Approving the Preliminary Plan of Subdivision for Kleinwachter
authorize the Mayor and City Clerk to execute (EDC 2005 -52)
3. Cobblestone (EDC 2006 -26)
a. Ordinance 2006- 94 - Authorizing the Execution of a Development Agreement
- authorize the Mayor and City Clerk to execute
b. Resolution 2006 -79 - Approving the Preliminary Planned Unit Development
Plan - authorize the Mayor and City Clerk to execute
c. Resolution 2006 -80 - Approving the Preliminary Plan of Subdivision -
authorize the Mayor and City Clerk to execute
4. Resolution 2006 -81- Approving the Preliminary Plan and Final Plat of Subdivision for
Prairie Point - authorize the Mayor and City Clerk to execute, subject to staff comments
and legal review particularly regarding Crimson Lane and Post Office cross access
easement (EDC 2006 -50)
5. Resolution 2006 -82 - Approving the Final Plat of Subdivision for Prestwick of Yorkville
Unit 2 - authorize the Mayor and City Clerk to execute, subject to staff comments and
legal review (EDC 2006 -57)
6. Resolution 2006 -83 - Approving the Final Plat of Subdivision for Kendallwood Estates -
authorize the Mayor and City Clerk to execute, subject to staff comments and legal
review, temporary Route 126 access to remain in place until permanent access obtained
on Route 126 in development agreement (EDC 2006 -63)
7. Ordinance 2006 -95 - Rezoning Kendall Marketplace - authorize the Mayor and City
Clerk to execute (EDC 2006 -34)
8. Water Department Report for June 2006 (PW 2006 -146)
9. Water Department Report for July 2006 (PW 2006 -147)
10. Resolution 2006 -84 - IDOT Highway Permit and Resolution — Walnut Plaza - authorize
the Mayor and City Clerk to execute (PW 2006 -148)
11. Resolution 2006 -85 - IDOT Highway Permit and Resolution — BP Amoco - authorize
City Clerk to execute (PW 2006 -149)
12. Resolution 2006 -86 - IDOT Highway Permit and Resolution — Fountain Village -
authorize the Mayor and City Clerk to execute (PW 2006 -150)
13. Prestwick (Unit 1) — Earthwork Letter of Credit Reduction #2 - authorize decrease in an
amount not to exceed $186,805.62, subject to verification that developer has no
outstanding debt owed to the City (PW 2006 -151)
14. Prestwick (Unit 1) — Sitework Letter of Credit Reduction #3 - authorize decrease in an
amount not to exceed S931,309.18, subject to verification that developer has no
outstanding debt owed to the City (PW 2006 -152)
15. Raintree Village Unit 6 — Theoretical Construction Guarantee Reduction #2 - authorize
decrease in an amount not to exceed $761,177.11, subject to verification that developer
has no outstanding debt owed to the City (PW 2006 -153)
16. River's Edge Subdivision Unit 1 — Warranty Letter of Credit Expiration — authorize City
Clerk to call the River's Edge Unit I Warranty Letter of Credit if the punch list is not
satisfactorily addressed by November 17, 2006 (PW 2006 -154)
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17. Galena Road Watermain - Change Order #1 — approve increase in an amount not to
exceed $14,695.80 (PW 2006 -155)
18. Walnut Plaza. — Plat of Dedication and Plat of Easement - authorize the Mayor and City
Clerk to execute (PW 2006 -156)
19. YMCA — Pool Property Construction Easement — approve easement agreement and
authorize staff to execute (PW 2006 -157)
20. IDOT Request — Subordination of Surface Rights for SE comer of Route 47 and
Countryside Parkway - authorize the Mayor and City Clerk to execute (PW 2006 -158)
21. ComEd Interceptor — Easement Letter Agreement — authorize in an amount not to exceed
$16,600. 00 and authorize the Mayor and City Clerk to execute, subject to identifying
available funding (PW 2006 -159)
22. Yorkville Market Square — Sidewalk Agreement — authorize City Administrator to
execute (PW 2006 -160)
23. Garden Club Proposal for Hanging Baskets in Downtown Area — approve proposal as
presented (PW 2006 -161)
24. Sale of Generator — authorize sale to the Village of Capron in an amount not to exceed
$6500.00 (PW 2006 -162)
25. Resolution 2006 -87 — Approving the Road Fee Policy - authorize the Mayor and City
Clerk to execute (PW 2006 -126)
26. BP Amoco Redevelopment — Sidewalk Agreement - authorize City Administrator to
execute (PW 2006 -165)
27. Resolution 2006 -88 — IDOT Highway Permit and Resolution — Speedway - authorize the
Mayor and City Clerk to execute (PW 2006 -166)
28. Ordinance 2006 -96 — Approving Variance for Reduction of Corner Side Yard Setback
for Residence located at 207 W. Ridge Street - authorize the Mayor and City Clerk to
execute (ZBA 2006 -58)
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman James; seconded by Alderman Bock.
Motion approved by a roll call vote. Ayes -8 Nays -0
Wolfer -aye, James -aye, Munns -aye, Burd -aye,
Spears -aye, Bock -aye, Besco -aye, Leslie -aye
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 meetings of
May 9, 2006 and May 23, 2006; seconded by Alderman Besco.
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 September 14, 2006 totaling the following amounts: checks in the amount of
$1,198,849.97 (vendors); $191,729.03 (payroll period ending 9/6/06); for a total of
$1,390,579.00; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -8 Nays -0
James -aye, Munns -aye, Burd -aye, Spears -aye,
Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye
REPORTS
MAYOR'S REPORT
City Audit Update
Mayor Prochaska asked Director Mika to give an update regarding the City's audit. Director
Mika explained that the audit has been delayed due to the auditors and will begin on Monday,
October 2, 2006. Mayor Prochaska noted that this is the second year that the audit has been
delayed by the auditors and suggested their contract be re- examined to address this.
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The Minutes of the Regular Meeting of the Citv Council — Seutember 26.2006 — Dage 6
CITY COUNCIL REPORT
Ordinance 2006 Amending City Code Title 1— Administration, Chapter 5
Mayor and City Council Regarding Dissemination of Information
Mayor Prochaska entertained a motion to approve an Ordinance Amending City Code Title 1 —
Administration, Chapter 5 - Mayor and City Council Regarding Dissemination of Information as
presented. So moved by Alderman Burd; seconded by Alderman James.
Alderman Burd commented that she suggested the amendment so that staff will understand that
the City Council is the ultimate authority. She noted what was amended to the ordinance and
stated that she hoped the amendment will make it easier for staff to comply with City Council
requests.
Mayor Prochaska reminded the City Council that it has unfettered access to all City files per state
statute.
Motion approved by a roll call vote. Ayes -8 Nays -0
Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye,
James -aye, Munns -aye, Burd -aye, Spears -aye
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
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CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that testing began at the new water treatment facility and it will continue
for a few weeks.
CHIEF OF POLICE'S REPORT
No report.
DIRECTOR OF PARKS & RECREATION'S REPORT
No report.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
No report.
COMMUNITY RELATIONS MANAGER'S REPORT
No report.
COMMUNITY & LIAISON REPORT
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
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ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2006 -98 Schramm Authorizing the Execution of an Annexation Agreement
(PC 2005 -44)
A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an
Annexation Agreement with the owner of a property commonly known as Schramm property, the
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The Minutes of the Regular Meeting of the Citv Council — Seutember 26, 2006 — Wage 7
subject property of Application # PC 2005 -44, as presented, and authorize the Mayor and City
Clerk to execute all documents subject to staff comments and final legal and staff review;
seconded by Alderman Besco.
Alderman Spears questioned if the agreement was signed by the property owners and Director
Miller indicated that the original copy was signed. Alderman Spears then questioned the exhibits
of the agreement and Director Miller explained that one of the exhibits was a color concept plan
which was modified to address density, the alignment of the houses to Route 47, etc.
Motion approved by a roll call vote. Ayes -8 Nays -1
Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Munns -aye,
Burd -aye, Spears -nay, Bock -aye, Prochaska -aye
Ordinance 2006 -99 Schramm - Annexation
(PC 2005 -44)
A motion was made by Alderman Munns to approve an Ordinance annexing territory commonly
known as the Schramm property, as presented, in furtherance of an Annexation Agreement with
the owner, and authorize the Mayor and City Clerk to execute all documents upon final legal
review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -7 Nays -1
Leslie -aye, Wolfer -aye, James -aye, Munns -aye,
Burd -aye, Spears -nay, Bock -aye, Besco -aye
Ordinance 2006 -100 Schramm - Rezoning
(PC 2005 -44)
A motion was made by Alderman Mums to approve an ordinance rezoning certain property
commonly known as the Schramm property in furtherance of an Annexation Agreement with the
owner, as presented, and authorize the Mayor and City Clerk to execute all documents upon final
legal review; seconded by Alderman Besco.
- Motion approved by a roll call vote. Ayes -6 Nays -2
Wolfer -nay, James -aye, Munns -aye, Burd -aye,
Spears -nay, Bock -aye, Besco -aye, Leslie -aye
Ordinance 2006 -101 O'Keefe Property
Authorizing the Execution of an Annexation Agreement
(PC 2006 -37)
A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an
Annexation Agreement with the owner and developer of property commonly known as the
O'Keefe property, the subject of Application # PC 2006 -37, as presented, and authorize the
Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff
review; seconded by Alderman Besco.
Alderman Spears questioned if the agreement was signed by the property owners and Director
Miller indicated that the original copy was signed. She also pointed out an error on page 15,
second to the last sentence, the wording was duplicated.
Director Miller went over Exhibit F which identified the limited land uses. He indicated that staff
recommended that building material sales be allowed so that the property could be used for a
Home Depot or Lowe's store.
Mayor Prochaska asked if there were any questions regarding the staff's recommendations.
There were none so he entertained a motion to amend the original motion to include the two
amendments. So moved by Alderman Munns; seconded by Alderman Wolfer.
Amending motion approved by a roll call vote. Ayes -8 Nays -0
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James-aye, Mums-aye, Spears-aye
Y Y� e Y�
Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye
Original motion approved by a roll call vote. Ayes -8 Nays -0
James -aye, Mums -aye, Burd -aye, Spears -aye,
Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye
Ordinance 2006 -102 O'Keefe Property - Annexation
(PC 2006 -37)
A motion was made by Alderman Mums to approve an ordinance annexing territory commonly
known as the O'Keefe property, as presented, in furtherance of an Annexation Agreement with j
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the owner and developer, and authorize the Mayor and City Clerk to execute all documents upon
final legal review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -8 Nays -0
Mums -aye, Burd -aye, Spears -aye, Bock -aye,
Besco -aye, Leslie -aye, Wolfer -aye, James -aye
Ordinance 2006 -103 O'Keefe Property - Rezoning
(PC 2006 -37)
A motion was made by Alderman Mums to approve an ordinance rezoning certain property
commonly known as the O'Keefe property in furtherance of an Annexation Agreement with the
owner and developer, as presented, and authorize the Mayor and City Clerk to execute all
documents upon final legal review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -7 Nays -1
Burd -aye, Spears -aye, Bock -aye, Besco -aye,
Leslie -aye, Wolfer -nay, James -aye, Munns -aye
Ordinance 2006 -104 Granting Rezoning — Fog Hill Center
(PC 2006 -61)
A motion was made by Alderman Mums to approve an ordinance granting rezoning for the
property located at Fox Hill Center, southwest corner of Route 34 and Sycamore Road, as
presented, subject to staff comments and final legal review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -8 Nays -0
Spears -aye, Bock -aye, Besco -aye, Leslie -aye,
Wolfer -aye, James -aye, Munns -aye, Burd -aye
Ordinance 2006 -105 Borneman
Authorizing the Execution of an Annexation Agreement
(PC 2006 -44)
A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an
Annexation Agreement with the owner of property commonly known as the Bomeman Farm
property, the subject of Application # PC 2006 -44, as presented, and authorize the Mayor and
City Clerk to execute all documents subject to staff comments and final legal and staff review;
seconded by Alderman Besco.
Alderman Spears questioned the following:
• No date was entered on page one of the agreement - Director Miller explained that the
date is entered on the agreement after it is approved; the date used is the approval date.
• What school district the property was in - Mayor Prochaska indicated that it was in
Yorkville CUSD #115.
• Waived fees mentioned on pages 2 -4 - Director Miller indicated that the fees referred to
were the application fee which the City has historically waived when an annexation does
not change the land use. The road fee applies to residential roads of which there will be
none under the present zoning. Mayor Prochaska noted that if the property develops as
residential, the fees become applicable.
Motion approved by a roll call vote. Ayes -6 Nays -3
Bock -aye, Besco -aye, Leslie -nay, Wolfer -aye, James -aye,
Munns -aye, Burd -nay, Spears -nay, Prochaska -aye
Ordinance 2006 -106 Borneman - Annexation
(PC 2006 -44)
A motion was made by Alderman Mums to approve an ordinance annexing territory commonly
known as the Borneman Farm property, as presented, in furtherance of an Annexation Agreement
with the owners, and authorize the Mayor and City Clerk to execute all documents upon final
legal review; seconded by Alderman Besco.
Alderman Burd clarified if a super majority was needed for the motion to pass and Mayor
Prochaska stated that four aye votes were needed for the motion to be approved.
Motion approved by a roll call vote. Ayes -5 Nays -3
Besco -aye, Leslie -nay, Wolfer -aye, James -aye,
Munns -aye, Burd -nay, Spears -nay, Bock -aye
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Ordinance 2006 -107 Borneman - Rezoning
(PC 2006 -44)
A motion was made by Alderman Munns to approve an ordinance rezoning certain property
commonly known as the Borneman Farm property in furtherance of an Annexation Agreement
with the owners, as presented, and authorize the Mayor and City Clerk to execute all documents
upon final legal review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -5 Nays -3
Leslie -nay, Wolfer -aye, James -aye, Munns -aye,
Burd -nay, Spears -nay, Bock -aye, Besco -aye
Ordinance 2006 -108 North Star Trust Company, Trust #06 -9993
Authorizing the Execution of an Annexation Agreement
(PC 2006 -71)
A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an
Annexation Agreement with the owner of property commonly known as North Star Trust Parcel
"B" property, the subject of Application # PC 2006 -71, as presented, and authorize the Mayor and
City Clerk to execute all documents subject to staff comments and final legal and staff review;
seconded by Alderman Besco.
Alderman Burd noted that the Plan Commission voted against the zoning changes. She stated
that she spoke with a few members of the Commission and she felt they were uncomfortable with
the situation. She asked some of the City Council members to rethink this agreement. She stated
that while she agreed that the City Council would want to control something that is this close to
the city's border, she was not totally convinced that this is the right way to handle the situation.
She also stated that she felt the City was just as capable as the County in making a determination
as to a landfill. She commented that she was made uncomfortable by things she heard from the
public.
Alderman Spears questioned the following:
• What school district was the property in - Mayor Prochaska stated that it was in the
Yorkville School District # 115
• Page 5, #7 - Building Codes — she stated that she felt the codes should be effective when
the agreement is adopted - Director Miller explained the reasoning behind the twelve
month provision.
• Page 4, #6B — referring to ISO insurance rating — Attorney John Phillipchuck explained
that this is a commercial property and any buildings will be designed to the given code
however code changes which are not for life safety reasons can cause delays to the plans
and construction
Alderman Besco stated that the vote in front of the City Council was for the annexation and
zoning of property and each parcel should be taken for its merit; the City Council is not voting on
any future possible use of the property.
Alderman James agreed with Alderman Besco that the vote before the City Council was for the
annexation and rezoning of a piece of property; any changes to the land use will have to go
through a process for approval. He stated that he did not feel the County was taking the City's
best interest into account and he felt his concerns were confirmed tonight by statements made by
Kendall County's attorney. He stated that this is the reason why the annexations have been
brought forward in such a quick manner. He felt that the focus should be that the City has a say
in any future matters.
Alderman Munns reiterated that the vote before the City Council was the annexation and rezoning
of property. He stated that this was a big decision for the City Council to make and asked the
public to keep an open mind.
Motion approved by a roll call vote. Ayes -6 Nays -3
Wolfer -aye, James -aye, Munns -aye, Burd -nay, Spears -nay,
Bock -aye, Besco -aye, Leslie -nay, Prochaska -aye
Ordinance 2006 -109 North Star Trust Company - Annexation
(PC 2006 -71)
A motion was made by Alderman Munns to approve an ordinance annexing territory commonly
known as North Star Trust Parcel "B" property, as presented, in furtherance of an Annexation
Agreement with the owners, and authorize the Mayor and City Clerk to execute all documents
upon final legal review; seconded by Alderman Besco.
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The Minutes of the Reerular Meetine of the Citv Council — September 26. 2006 — oaffe 10
Motion approved by a roll call vote. Ayes -5 Nays -3
James -aye, Mums -aye, Burd -nay, Spears -nay,
Bock -aye Besco -aye, Leslie -nay, Wolfer -aye
Ordinance 2006 -110 North Star Trust Company - Rezoning
(PC 2006 -71)
A motion was made by Alderman Munns to approve an ordinance rezoning certain property
commonly known as the North Star Trust Parcel "B" property in furtherance of an Annexation
Agreement with the owners, as presented, and authorize the Mayor and City Clerk to execute all
documents upon final legal review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -5 Nays -3
Munns -aye, Burd -nay, Spears -nay, Bock -aye,
Besco -aye, Leslie -nay, Wolfer -aye, James -aye
Ordinance 2006 -111 Schanze - Authorizing the Execution of an Annexation Agreement
(PC 2006 -45)
A motion was made by Alderman Mums to approve an ordinance authorizing the execution of an
Annexation Agreement with the owners of property commonly known as the Schanze property,
the subject of Application # PC 2006 -45, as presented, and authorize the Mayor and City Clerk to
execute all documents subject to staff comments and final legal and staff review; seconded by
Alderman Besco.
Alderman Spears questioned the following:
• Which school and fire protection districts this property was in - Mayor Prochaska
indicated that it was in the Yorkville School District and the Bristol - Kendall Fire
Department District.
• Page 3 of the agreement refers to Exhibit "C" and she did not get this exhibit - Director
Miller stated that the exhibit was included in the City Council's Plan Commission packet.
• Page 5 — paragraph E — regarding the reimbursement of costs incurred in the annexation
process - Mayor Prochaska explained that historically these fees have been waived when
properties are annexed with business or manufacturing zoning.
Motion approved by a roll call vote. Ayes -6 Nays -3
Spears -nay, Bock -aye, Besco -aye, Leslie -nay, Wolfer -aye,
James -aye, Munns -aye, Burd -nay, Prochaska -aye
Ordinance 2006 -112 Schanze - Annexation
(PC 2006 -45)
A motion was made by Alderman Munns to approve an ordinance annexing territory commonly
known as the Schanze property, as presented, in furtherance of an Annexation Agreement with
the owners, and authorize the Mayor and City Clerk to execute all documents upon final legal
review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -5 Nays -3
Bock -aye, Besco -aye, Leslie -nay, Wolfer -aye,
James -aye, Munns -aye, Burd -nay, Spears -nay
Ordinance 2006 -113 Schanze - Rezoning
(PC 2006 -45)
A motion was made by Alderman Mums to approve an ordinance rezoning certain property
commonly known as the Schanze property in furtherance of an Annexation Agreement with the
owners, as presented, and authorize the Mayor and City Clerk to execute all documents upon final
legal review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -5 Nays -3
Besco -aye, Leslie -nay, Wolfer -aye, James -aye,
Munns -aye, Burd -nay, Spears -nay, Bock -aye
Ordinance 2006 -114 North Star Trust Company
Authorizing the Execution of an Annexation Agreement
(PC 2006 -67)
A motion was made by Alderman Mums to approve an ordinance authorizing the execution of an
Annexation Agreement with the owner of property commonly known as North Star Trust Parcel
"A" property, the subject of Application # PC 2006 -67, as presented, and authorize the Mayor
and City Clerk to execute all documents subject to staff comments and final legal and staff
review; seconded by Alderman Besco.
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The Minutes of the Regular Meeting of the Citv Council — September 26. 2006 — Uage 11
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Alderman Spears questioned which school districts this property was in and Mayor Prochaska
indicated that it was in the Newark School District.
Alderman Bock commented that no matter which way the vote goes, someone loses. He
reiterated that the votes before the City Council tonight were for annexation and zoning and he
has not prejudged any future use of the property annexed. He stated that he understood the
emotions of the public and appreciated their comments because this is what democracy is all
about however the City Council has to base its decisions on the best interest of the entire City and
not just on the interest of the people who come to a meeting. He stated that he agreed with
Alderman Burd in that the City Council is just as competent as the Kendall County Board. He
stated that the Council is trying to do the best it can and he asked the public to consider the
integrity of the City Council when they attack them or question their motives. He encouraged the
public to keep attending meetings and giving their input.
Alderman Burd stated that the City Council tries to do the best for the whole City however there
are occasions when they have to represent the people in their wards. She encouraged the public to
contact their aldermen and to get to know them.
Motion approved by a roll call vote. Ayes -6 Nays -3
Leslie -nay, Wolfer -aye, James -aye, Munns -aye, Burd -nay,
Spears -nay, Bock -aye, Besco -aye, Prochaska -aye
Ordinance 2006 -115 North Star Trust Company - Annexation
(PC 2006 -67)
A motion was made by Alderman Munns to approve an ordinance annexing territory commonly
known as North Star Trust Parcel "A" property, as presented, in furtherance of an Annexation
Agreement with the owners, and authorize the Mayor and City Clerk to execute all documents
upon final legal review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -5 Nays -3
Wolfer -aye, James -aye, Munns -aye, Burd -nay,
Spears -nay, Bock -aye Besco -aye, Leslie -nay
Ordinance 2006 -116 North Star Trust Company - Rezoning
(PC 2006 -67)
A motion was made by Alderman Munns to approve an ordinance rezoning certain property
commonly known as the North Star Trust Parcel "A" property in furtherance of an Annexation
Agreement with the owners, as presented, and authorize the Mayor and City Clerk to execute all
documents upon final legal review; seconded by Alderman Besco.
Alderman Spears noted that she once lived near a landfill and that this is a hard vote because she
wants what is best for the United City of Yorkville. She further noted that the County residents
have complained about the odor of the yard waste recycling operation and that the operation has
been under the control of the County and they must not have been doing a satisfactory job.
Motion approved by a roll call vote. Ayes -5 Nays -3
James -aye, Munns -aye, Burd -nay, Spears -nay,
Bock -aye, Besco -aye, Leslie -nay, Wolfer -aye
Ordinance 2006 -117 Amending and Restating City Code Title 8 —
Building, Chapter 14 — Pollution Control Siting
A motion was made by Alderman Munns to approve an ordinance amending and restating City
Code Title 8 — Building, Chapter 14 — Pollution Control Siting, as presented subject to legal
review; seconded by Alderman Besco.
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Mayor Prochaska reminded the City Council that since it is unknown if and when an application
may come into the City, the application would be subject to the ordinances in effect at the time of
the application. This update allows for more public input.
Motion approved by a roll call vote. Ayes -7 Nays -0 Present -0
Munns -aye, Burd -aye, Spears - present, Bock -aye,
Besco -aye, Leslie -aye, Wolfer -aye, James -aye
Resolution 2006 -89 Approve Host City Agreement
A motion was made by Alderman Munns to approve a resolution to approve the City Host
Agreement as presented, subject to legal review; seconded by Alderman Besco.
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The Minutes of the Re ular Meetin of the Ci — —
g g tv Council September 26.2006 cage 12 i
Motion approved by a roll call vote. Ayes -7 Nays -1
Burd -aye, Spears -aye, Bock -aye, Besco -aye,
Leslie -nay, Wolfer -aye, James -aye, Munns -aye
Vacating Portion of Sleepy Hollow Road
A motion was made by Alderman Mums to approve an ordinance vacating a portion of Sleepy
Hollow Road as presented, subject to legal review; seconded by Alderman Besco.
Mayor Prochaska asked if the vacation of the road had to be done immediately. Attorney
Phillipchuck stated that there was no longer a need for the road and now that the property is
annexed, the City is responsible for its maintenance. He also noted that the vacation will not
affect the neighboring property. Mayor Prochaska noted that this needed a 3 /4 vote for approval.
Alderman Spears stated that based on the statements from residents they were not informed of the
vacation in a timely basis; she was not in favor of vacating the road.
Motion defeated by a roll call vote. Ayes -3 Nays -5
Spears -nay, Bock -nay, Besco -aye, Leslie -nay,
Wolfer -nay, James -aye, Munns -aye, Burd -nay
Attorney Phillipchuck asked the City Council if they would please reconsider the vacation by
placing it on the next City Council agenda. Mayor Prochaska explained that this could be done
but the motion would have to be made by an alderman voting in the majority.
A motion was made by Alderman Burd to reconsider this matter at the next City Council meeting;
seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -7 Nays -1
Munns -aye, Burd -aye, Spears -aye, Bock -aye,
Besco -aye, Leslie -nay, Wolfer -aye, James -aye
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�- Ordinance 2006 -118 Kendallwood Estates
Authorizing Execution of Development Agreement
(PC 2006 -63)
A motion was made by Alderman Mums to approve an ordinance authorizing the execution of a
Development Agreement for PC 2006 -63 Kendallwood Estates as presented, subject to staff
comments and legal and staff review; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -8 Nays -0
Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye,
James -aye, Mums-aye, Burd -aye, Spears -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Alderman Mums stated he received a postcard from a child in Yorkville which indicates a sign
that states "No Skateboarding, Bike Riding, Rollerblading, Roller- skating, Scooter Riding ". The
child suggested that this sign also include "No Fun ". Mayor Prochaska explained that the sign is
posted at the parking lot of St. Patrick's Church.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by
Alderman Wolfer.
Motion approved by a viva voce vote.
Meeting adjourned at 12.03 A.M.
Minutes submitted b
V
Jacqu Mil c ewski,
City Clerk City of Yorkville, Illinois
** *Tapes of meeting inaudible due to acoustics of Beecher Center.
i'
CITY COUNCIL MEETING
September 26, 2006
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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 September 26, F
2006, at the hour of 7:00 p.m., at 800 Game Farm
Road in the City of Yorkville, Illinois.
D- 805106
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, Alderwoman;
6 MR. DEAN WOLFER, Alderman;
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7 MR. MARTY MUNNS, Alderman;
8 MR. JOSEPH BESCO, Alderman;
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9 MS. ROSE ANN SPEARS, Alderman;
10 MR. JOHN CROIS, City Administrator;
11 MR. WILLIAM POWELL, Treasurer.
12 MS. JACQUELYN MILSCHEWSKI, City Clerk.
13
14 A P P E A R A N C E S:
15 MR. JOHN JUSTIN WYETH,
appeared on behalf of the United
16 City of Yorkville, Illinois;
17 MR. DERKE J. PRICE.
18 - - - - -
19
20
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22 j
23
24
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1 (WHEREUPON,
2 proceedings were had
3 which were not
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4 reported.)
5 MAYOR PROCHASKA: Call this meeting
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6 to reconvene at this place.
7 And at this time I'd ask if you
8 would stand and join me in the pledge of
9 allegiance.
10 (Pledge of Allegiance)
11 MAYOR PROCHASKA: Our first
a
12 public --
13 THE AUDIENCE: Speak up, please. I
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14 MAYOR PROCHASKA: Okay. We will --
15 And what I'd like to preface, we will go through
16 each of the public hearings. Each parcel will be
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17 opened and closed as its own separate public
P
18 hearing.
19 I will ask that if there is
20 anyone that would like to speak for any of the
21 public hearings, to come forward, go over to the
22 podium, state your name and address for the
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23 record, and give us your comments or questions.
24 Again, legally you have the
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4
1 right to question the Council, the petitioners,
2 and cross - examine, as they have a right to ask
3 you, too, I believe.
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4 So, with that, I would
5 entertain a motion to go into public hearing for
6 the purpose of discussing PC 2006 -61, Pat Smart,
7 petitioner, has filed an application with the
8 United City of Yorkville, Kendall County,
9 Illinois, requesting a special use in the United
10 City of Yorkville for a pre- kindergarten in a B -3
11 Service Business District.
12 The real property consists of
13 approximately 1,258 square feet located south --
14 at the southwest corner of Route 34 and Sycamore
15 Road in Fox Hill Center in Kendall County,
16 Illinois.
17 MR. WOLFER: So moved.
18 MR. MUNNS: Second.
19 MAYOR PROCHASKA: Moved and
20 seconded. May I have roll call, please?
21 MS. MILSCHEWSKI: Besco.
22 MR. BESCO: Aye.
23 MS. MILSCHEWSKI: Leslie.
24 MR. LESLIE: Aye.
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1 MS. MILSCHEWSKI: Wolfer.
2 MR. WOLFER: Aye.
3 MS. MILSCHEWSKI: James.
4 MR. JAMES: Aye.
5 MS. MILSCHEWSKI: Munns.
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6 MR. MUNNS: Aye.
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7 MS. MILSCHEWSKI: Burd. y
8 MS. BURD: Aye.
9 MS. MILSCHEWSKI: Spears.
10 MS. SPEARS: Aye.
11 MS. MILSCHEWSKI: Bock.
12 MR. BOCK: Aye.
13 MAYOR PROCHASKA: Motion is carried.
14 We are now in public hearing. Is there someone
15 here representing the petitioner?
16 WHEREUPON:
( I
17 PAT SMART,
18 testified before the Yorkville City Council as
19 follows:
20 MS. SMART: Good evening. I am Pat
21 Smart, and I am here to ask that a
22 pre- kindergarten in the location that you just
23 mentioned will be -- it will be a half -day
24 program in the morning, half -day program in the
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1 afternoon, 20 children at the most in the
2 morning, and at the most 20 in the afternoon.
3 It will be educational. We
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4 will try to follow the Yorkville kindergarten
5 time.
6 MAYOR PROCHASKA: Is there anyone in
7 the audience that would like to -- have any
8 questions from this petitioner? 4
9 (No Response)
10 MAYOR PROCHASKA: Questions from the
11 Council?
12 (No Response)
13 MAYOR PROCHASKA: Hearing none, I
14 would entertain a motion to close the public
15 hearing.
16 MR. WOLFER: So moved.
G.-
17 MR. BOCK: Second.
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18 MAYOR PROCHASKA: Moved and
19 seconded. Roll call, please?
20 MS. MILSCHEWSKI: Leslie.
21 MR. LESLIE: Aye.
22 MS. MILSCHEWSKI: Wolfer.
23 MR. WOLFER: Aye.
24 MS. MILSCHEWSKI: James.
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1 MR. JAMES: Aye.
2 MS. MILSCHEWSKI: Munns.
3 MR. MUNNS: Aye.
4 MS. MILSCHEWSKI: Burd.
5 MS. BURD: Aye.
6 MS. MILSCHEWSKI: Spears.
7 MS. SPEARS: Aye.
8 MS. MILSCHEWSKI: Bock.
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9 MR. BOCK: Aye.
10 MS. MILSCHEWSKI: Besco.
11 MR. BESCO: Aye.
12 MAYOR PROCHASKA: Motion is carried.
13 And for the Council's sake, if you want to speak,
14 let me know and I will pass the microphone down
15 so that we can share this.
16 Next I would entertain a motion
17 to go into public hearing for the purpose of
18 discussing PC 2006 -44, Neil, Beverly and Craig
19 Borneman, petitioners, have filed an application
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20 with the United City of Yorkville, Kendall
21 County, Illinois, requesting annexation to the
22 United City of Yorkville and rezoning from
23 Kendall County A -1 to the United City of
24 Yorkville A -1 Agricultural District, B -3 Service
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1 Business District, and B -3 Special Use for a
2 gasoline station, and for the hearing of the
3 annexation agreement of the petitioner.
4 The real property consists of
5 258 acres north and south of Route 71 and east of
6 Highpoint Road in Kendall County, Illinois.
7 And when do we talk about that
8 they removed for the special use?
9 MR. WYETH: It's up to him.
10 MAYOR PROCHASKA: So that's a y
11 motion. I would accept a motion.
12 MR. WOLFER: So moved. i
13 MR. BOCK: Second.
14 MAYOR PROCHASKA: Moved and
15 seconded. May I have roll call, please?
16 MS. MILSCHEWSKI: Spears.
17 MS. SPEARS: Aye.
18 MS. MILSCHEWSKI: Burd.
19 MS. BURD: Aye.
20 MS. MILSCHEWSKI: Munns.
21 MR. MUNNS: Aye.
22 MS. MILSCHEWSKI: James.
23 MR. JAMES: Aye.
24 MS. MILSCHEWSKI: Wolfer.
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1 MR. WOLFER: Aye.
2 MS. MILSCHEWSKI: Leslie.
3 MR. LESLIE: Aye.
4 MS. MILSCHEWSKI: Besco.
5 MR. BESCO: Aye.
r.
6 MS. MILSCHEWSKI: Bock.
7 MR. BOCK: Aye.
8 MAYOR PROCHASKA: Motion is carried.
9 I would ask, is there someone
10 here representing the petitioner this evening?
11 WHEREUPON:
12 ROBERT NELSON,
13 testified before the Yorkville City Council as
14 follows:
15 MR. NELSON: Mr. Mayor, Honorable
16 Members of the City Council. Good evening. My
17 name is Robert Nelson. I am an attorney -at -law
18 and representing the Bornemans, Neil Borneman,
19 Beverly Borneman and Craig Borneman, with respect
20 to their application to this Council for approval
21 of an agreement to annex their land to the City
22 of Yorkville.
23 The Bornemans are the owners of
24 approximately 255 acres of farmland which is
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1 situated at the intersection of Illinois Route 71
2 and Highpoint Road in Fox Township.
3 That land is currently
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4 contiguous with the City limits, and by virtue of
5 the statute for a right, the owners do have the
6 privilege of bringing to you their petition to be
7 annexed to the City of Yorkville.
8 On their behalf, yesterday I
9 filed with the City Attorney -- and I will
10 mention to the Board this evening that although
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11 the annexation petition suggests that they are
= 12 seeking a zoning classification for a special use
13 for a gasoline service station, the owners have
14 withdrawn that request and would like to
15 acknowledge that on the record.
16 This property is currently used
17 for farming. It is zoned agriculture under the
18 County zoning ordinance.
19 Under the proposed agreement
20 for annexation, the owners are seeking a change
21 in the zoning classification with one respect.
22 They wish to have the zoning on the property,
23 should be it be annexed, rezoned to show that not
24 less than 55 acres be classified as business B -3,
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1 and this application is consistent with the
2 published Comprehensive Plan with the City of
3 Yorkville.
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4 It would not be against the
5 City's interest to consider assigning formally in
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6 this agreement the classification for business,
7 which it has already designated for public
8 purposes in its Comprehensive Plan.
9 The balance of the property
10 would have under the annexation agreement an
11 agricultural zoning classification.
12 Both of these classifications
13 are consistent with the Comprehensive Plan. The
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14 agricultural use, of course, is less intense than
15 a residential use, and the property would qualify
16 for a residential use again under the
17 Comprehensive Plan.
18 This property falls within the
19 far southwesterly reaches of the City, as it is
20 expanding in that direction.
21 I believe that annexing this
22 property to the City is consistent with the
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23 long -range goals of the City to bring in
24 properties that will be productive and useful for
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1 all the citizens for some time to come.
2 There will be obviously in that
3 part of the City some major improvements planned
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4 for the near future, one, of course, being the
5 Prairie Parkway, which is intended to pass a
6 short distance to the west of this intersection,
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7 and also there is the proposed extension of the
8 Eldamain highway from the north side of the Fox
9 River, across the river, and then south to
10 Route 71.
11 Those are two main arteries
12 that would be in the proximity of this particular
13 property, and it would be to the advantage of the
14 City to have access to those particular routes.
15 I do believe that each of you
16 has received a copy of an annexation agreement
17 proposal.
18 I want to mention that in
19 review of it I have discovered an error on the
20 first page. I brought this to the attention of
21 the City Attorney.
22 It is mentioned that the
23 property fell within the Fox and Little Rock Fire
24 Protection District, when, in fact, it does fall
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1 within the Bristol - Kendall District, and I have
2 actually redone the first page and have copies of
3 those for substitution for the copies of the
4 agreement that we have delivered to you i
5 heretofore.
6 The change is not -- does not
7 affect jurisdiction of the Council to proceed in
8 my opinion, it is only really a clerical
9 adjustment to the agreement.
10 At this time I am open to any
11 questions by the Council with respect to the
12 provisions of the annexation petition and the
13 agreement to annex.
14 MAYOR PROCHASKA: Okay. The only
15 thing I'm going to ask, Travis, is there
16 anything -- any clarification you would like to
17 make before we open up the floor to the
18 petition -- to the public, anything for the
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19 Council?
20 MR. MILLER: Just a couple quick
21 items. Report to you the Plan Commission did
22 conduct a public hearing last evening.
23 The Staff report that was
24 prepared for the Plan Commission was in the Plan
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1 Commission packet. We produced those for you
2 this evening. They are on your desk tonight.
3 Going through that quickly,
4 basically just reporting the outcome of the
5 recommendation from the Plan Commission last j
6 night, there was a unanimous recommendation to
4
7 annex the property, and zoning was not
8 recommended, but the vote was three in favor and
9 four against and one present on the -- this
10 annexation and zoning request.
11 In terms of the zoning request,
12 the petitioner has stated a portion of the
13 property to exceed 55 acres as written in the
14 zoning agreement for B -3 zoning classification,
15 Exhibit D to the annexation agreement was also in
16 the Plan Commission packet, it's the colored
17 document, that shows the plat of annexation, and
18 the area designated on the plat of annexation on
19 the southwest corner of the property is
20 consistent with the Comprehensive Plan
21 recommendation for commercial land use.
22 The remaining property, as
23 stated by the petitioner stated in the annexation
24 agreement, is requested for agricultural zoning
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15
1 classification A -1.
2 The Comprehensive Plan does
3 recommend an estate residential, low density
4 residential land use, and as you read through the
5 Staff report, their request for A -1 is less
i
6 intensive than the Comprehensive Plan
7 recommendation, which also includes transitional
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8 neighborhood, as well as estate residential.
9 Although consistent with the
�i
10 Comprehensive Plan, it is an appropriate zoning
11 classification, at this point in time the
12 property will not develop at the -- being
13 requested as part of this given the agricultural
14 activities existing at this point.
15 With that, also in the Staff
16 report straight out of the ordinance were
17 findings necessary for a zoning map amendment.
18 I'm just calling your reference to that as the
19 Staff reports this evening.
20 If there is any questions, I
21 can answer those.
i
22 MAYOR PROCHASKA: Okay. With that,
23 I'm going to open up the floor for any comments. I
24 Now, the one thing I will ask
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16
1 and, number one, like I said before, come
2 forward, state your name and address for the
3 record.
4 We do have someone taking a
5 transcript here this evening, and I would ask
6 also that -- you know, I know we had a lot of
7 applause and stuff last night.
8 Couple things. Number one,
I
9 while people were talking, they were not able to
10 be heard, so it's very rude to the people talking
r
11 and to the people that are trying to take notes.
12 So, please, I'm going to ask p
13 you not to do that and respect everybody's right
14 to have an opinion to talk, and then we'll move
15 on and hopefully move through this process.
16 So with that, I will open up
17 the floor. Sir, you are first up.
18 WHEREUPON:
19 RANDALL MEZGER,
20 testified before the Yorkville City council as
21 follows:
i
22 MR. MEZGER: Good evening,
f
I
23 Mr. Mayor, Council members. My name is Randy
24 Mezger. I am vice - president of Sundown Homes.
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17
1 Sundown Homes is a family -owned company operated
2 out of Yorkville.
3 Recently we purchased Highpoint
r
4 Meadows, which is on the southern portion of the
5 Borneman property.
i
6 We purchased this from Carol
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7 Albert, who has various dealings with the
8 village.
9 My question to the Council I
10 guess is what are we supposed to do with our
r
11 40 -acre estate -zoned lots when there is going to
12 be B -3 business over here right next to it?
13 What do you guys suggest we do
14 with our property with this zoning change?
15 MAYOR PROCHASKA: Does anybody want
16 to -- I can answer the fact that in the City
17 ordinances, there is a provision for -- when
18 there are unlike land uses for buffering and
19 landscaping between those land uses, and it would j
i
20 be the responsibility of those having the B -3
21 zoning that should and when that should develop
22 that they would have to meet that criteria and
23 buffer their property in accordance with the
24 ordinances to the residential properties.
f
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1 MR. MEZGER: But as far as any --
2 Being this came up in May and we purchased the
3 property on August 15th, I just don't see how
4 this can be okay. I guess that's my concern.
5 In May when I was told that --
6 MR. MUNNS: No, the sound quality. j
7 Every time he talks, something is rattling and
8 it's interfering with the audio.
9 MR. MEZGER: It was my understanding
10 that back in May is when Bornemans were invited
11 to, you know, become a part of this for the
12 zoning to be changed, and we purchased in August.
13 I just don't see how we can
14 have estate - sized, you know, houses being built
15 here with B -3 in our back yard. I guess that's
16 my concern.
17 MAYOR PROCHASKA: Who is next? Who
18 else would like to come forward? Way back, sir.
19 Please come forward.
20 WHEREUPON:
21 PAUL BANKS,
22 testified before the Yorkville City Council as
23 follows:
24 MR. BANKS: My name is Paul Banks.
I
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19
1 I live on West Highpoint right next to the
2 Borneman property.
i
3 On this berms and landscaping
4 that he asked about, what's that going to do to
5 my property and my well that I have right there?
6 How is that going to stop gas,
7 oil, whatever runs from that gas station?
i
8 And another point. Why were
l
9 the Bornemans asked and not everybody that lives
10 around that area in those subdivisions? We were
11 never approached.
12 Thank you.
13 MAYOR PROCHASKA: Again, the special
14 use for the gas station is not -- has been
15 removed, so that is not on the agenda.
16 Is there someone else? Yes,
17 sir.
18 WHEREUPON:
19 RON PARISH,
I
20 testified before the Yorkville City Council as
21 follows:
22 MR. PARISH: First of all, Ron
23 Parish, I live at 11571 Route 71, and that's the
24 property as you start out on 71 maybe a mile from
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20
1 the location of the said property that we are
2 talking about.
3 I guess I've got a couple of j
j'
4 objections. I'm going to say one now about this
5 property.
6 The first thing I want to say,
i
7 I think all of this property is about the
8 landfill, and that's what we're really here
jl
9 about. We're not here about annexing property
10 into Yorkville.
i
11 If Yorkville was interested in
12 improving Yorkville, then we would start with
13 Highway 47. Highway 47 has been an abomination
14 to the entire city for over 50 years, and if
15 we're going to do something with Yorkville, let's
16 start cleaning it up where it needs to be cleaned
P
17 up, not put traffic on another highway that still
18 can't take the traffic that's out there.
j
19 Second of all, the Bornemans
20 have not said what they want to do with this
21 commercial property, and I can't see how we can
22 turn it into a B -3 class property or any type of
23 property if we don't know what they're going to
24 use it for.
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21
1 I, for one, live there, I have
2 a well, and I don't know what's going to happen
3 with the property out there with everything that
4 you're trying to change and what's going to
5 happen with the water.
6 If you break through in one
7 place out there, you're going to put sulfur in
8 most of the people's wells that's up and down the
9 highway, and that's already happened once before.
10 I don't think there's been
11 anything done other than trying to link this
I
12 land. I, too, was never approached by anybody to
13 link this up going out there. Mine is the one
14 white spot on 71.
15 I don't want in the City until
16 the City can repair what it already has, and I
17 think that we need to know what's going to be
18 built there before it can be improved for
I
19 anything.
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20 I can see no reason why it
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21 should be annexed into the City just to be
22 annexed in to make another third link to get to a
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23 landfill.
24 Thank you.
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22
1 (Applause)
2 MAYOR PROCHASKA: All right. I am
3 going to ask you one more time. All right.
4 We're not -- We can stop this meeting very
5 quickly.
6 Now, I don't mind people
7 talking, I will listen to anybody's concerns and
8 everybody's opinions, but we will respect the
9 fact that this is -- we're going to move this
I
10 meeting along.
i
11 Now, is there someone else that
12 would like to come up and speak on this
13 particular property? Yes, sir.
14 WHEREUPON:
15 TODD MILLIRON,
16 testified before the City Council as follows:
17 MR. MILLIRON: Todd Milliron,
18 61 Cotswold Drive, Yorkville.
19 I'm coming to you tonight not
20 only to talk about this one property, but I would i
21 like to talk about all three of them together,
22 but my first discussion is about the process, and
23 I have some real concerns about this process, and
24 I've got a prepared statement I would like to
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23
1 read.
2 I believe -- I believe this is
3 a City Staff prearranged domino annexation
I
4 agreement that stinks.
5 You are elected to represent
6 all the people, not the self - serving profit
7 motives of one.
i
8 There is supposed to be some
9 balance and a sense of fair play within the {
10 public hearing process, and that is something
11 missing from tonight's proceedings.
12 We're only here tonight because
13 Art Prochaska and the City Staff decided to offer
14 very lucrative zoning candy to two adjoining
15 property owners. This chain of property owners
16 leads to the Hamann landfill property.
17 How this deal was put together
18 behind closed doors without the normal fair G
19 debate and a normal hearing process time tables
20 should have all of you asking questions of why
21 this vote is being called on such short notice.
22 Why is the City trying to slide
23 all these annexations and zoning through under
24 the rug on a ramrod timetable?
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24
1 It's not fair to the citizens
2 of Yorkville or this County. You are -- As a
3 Council member said, this is a fair process, but
4 preferential treatment has been given to these
5 three property owners that are here tonight, and
i
6 you are naive and uninformed about the true
i
7 motive behind the end game of annexing and zoning
8 all these four properties.
9 This is supposed to be a
10 democracy with rules and procedures for all, and
11 all have been broken in this case.
12 From the date of the public
13 notice to this vote tonight has only been 19
14 days.
15 This is not an emergency
16 annexation where a great public need is being
` 17 addressed for the good of all citizens.
18 The only emergency is
19 Mr. Hamann has lost out in the bidding
20 competition of the current County landfill site
3
21 process.
22 There is a need for a
23 landfill -- landfill site in this county, but at
24 present there is only need for one and only one,
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25
1 not two. We don't need one in the City and the
2 County.
3 These three property owners are
4 being given preferential
5 go -to- the - head -of- the -line treatment.
6 Most folks wait for months for
i
7 you to vote; they are not given a hearing date
8 and vote in 19 days from the time of the
9 application and public notice.
l
10 The normal application takes
11 six to nine months, and your City Staff will tell
12 you that when somebody comes to annex a property,
i
13 they instruct those annexation petitioners this
14 process takes six to nine months, maybe more, not
15 19 days.
16 (Applause)
17 MAYOR PROCHASKA: All right.
18 MR. MILLIRON: I'm not done. Is
19 this better than the other developers that these
20 property owners get to go to the head of the
21 line?
22 I say reject all four petitions
23 for zoning and annexation tonight, make each and
24 every one of them involved here tonight start the
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26
1 process over, if they want to go through the
2 process, without being solicited by the City, and
3 let it go on a normal schedule for doing normal
4 City business without any zoning candy being
5 handed out to adjoining property owners to
i
6 connect this chain of property to the Hamann
7 landfill property.
8 Thank you.
9 (Applause)
10 MAYOR PROCHASKA: Is there someone
11 else that would like to come forward?
12 MR. MUNNS: Make a motion to end if
13 we continue to have applause after every speaker
14 because we'll be here until 3:00 in the
15 morning -- we asked you once now -- so I'm going
16 to make a motion in this meeting now unless all
17 the clapping and cheering ceases right now.
i
18 THE AUDIENCE: We can't hear you.
19 MAYOR PROCHASKA: There was a motion j
20 made to end the meeting if the applause is going
i
21 to continue after every speaker.
22 MR. BESCO: I'll second that.
I
23 MAYOR PROCHASKA: The motion has
24 been made and seconded. The motion is that if
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27
1 there is to be applause after every speaker that
2 there is a desire to end the meeting.
3 And with that I would ask for a
4 roll call, please.
I 5 MS. MILSCHEWSKI: Wolfer.
6 MR. WOLFER: No.
7 MS. MILSCHEWSKI: James.
8 MR. JAMES: No.
j
9 THE AUDIENCE: We can't hear.
10 MAYOR PROCHASKA: They are taking
11 roll call vote.
12 MS. MILSCHEWSKI: Munns.
13 MR. MUNNS: Aye.
14 MS. MILSCHEWSKI: Burd.
15 MS. BURD: No.
16 MS. MILSCHEWSKI: Spears.
17 MS. SPEARS: No.
18 MS. MILSCHEWSKI: Bock.
I
19 MR. BOCK: Nay.
20 MS. MILSCHEWSKI: Besco.
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21 MR. BESCO: Aye. I
22 MS. MILSCHEWSKI: Leslie.
23 MR. LESLIE: No.
24 MAYOR PROCHASKA: That motion fails
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1 on a vote of five -- six to two, so we will
2 continue.
i
3 And I am still asking that you
4 please respect that. I think it's again a fair
5 and honorable thing to do before talking to move
6 through this.
7 Is there anyone else that would
8 like to speak on this property on this particular
I
9 public hearing?
10 MS. GILBERT: What did you just vote
i
11 on? I'm sorry, we couldn't hear. j
12 MAYOR PROCHASKA: That was a request
13 to end -- to end the meeting if there was a
14 continuation of applause, and that was defeated.
15 MS. GILBERT: Okay.
16 MAYOR PROCHASKA: But I'm still
17 asking people to hold that and allow the speakers
18 to speak as they need to.
i
19 Is there anyone else that would
20 come up and speak on this particular property?
21 Yes, sir.
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22 WHEREUPON:
23 TOM GILMOUR,
24 testified before the Yorkville City Council as
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1 follows:
2 MR. GILMOUR: My name is Tom
3 Gilmour, 23 Fox Glen Drive, and I'm going to echo
4 basically several of the points that the two,
I
5 three previous speakers made.
6 Point -by -point from the
7 perspective of the City, we've gone through a $
i
8 similar situation in the past several years.
I
9 A point that seems to be an
10 argument from the perspective of the City is the
I
11 Comprehen -- City Comprehensive Plan.
I
12 I can speak that it wasn't that
13 important when our issue was at the table. Now
14 all of a sudden it's a guiding light for this
15 land grab to the west.
16 We don't understand any of the
17 applications for zoning change. If they continue
18 to keep these properties as they are, Ag -1, we
19 all know what's happening to the building and
20 construction business, and in particular
21 Yorkville, that fiery pace has mellowed, and we
22 think this is way ahead of the actual needs for
23 the zoning change on this property.
24 Two, I want to speak as
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1 representative of rural Kendall County residents
2 as a whole, and I'm not talking about just around
3 Yorkville.
4 The issue and the objective for
5 this annexation impacts all of the people of
6 Kendall County, and it's not fair to have a City
7 come along and just because it's a flash of gold
8 in the pan cook up some scheme with Mr. Hamann,
9 who has already been a candidate in the County
10 process for his ulterior motive, which we all
11 know what it is.
12 We just think that there's
13 going to be a lot of people -- and we're talking
14 about Yorkville City residents -- that are going
15 to be looking at you Board members and what's
16 happening here tonight.
i
17 We all know what's going on
18 here and everybody is watching.
19 Thank you.
20 MAYOR PROCHASKA: Is there someone
21 else that would like to come forward and talk on
22 this item?
23 (No response)
24 MAYOR PROCHASKA: Seeing none, I
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1 would entertain a motion to close this portion of
2 the public hearing --
3 UNIDENTIFIED AUDIENCE MEMBER: Back
4 here.
5 MAYOR PROCHASKA: Way back there.
6 Sorry, sir, didn't see you. Come on up.
7 WHEREUPON:
8 JIM BIRCH,
i
9 testified before the City Council as follows:
10 MR. BIRCH: My name is Jim Birch, 17
11 Highview Drive, Yorkville.
12 And I urge all the Council
13 members to vote no on this. We all know that
14 this is just a way to get Hamann's property to be
15 annexed into the City.
16 The whole process is on a fast
17 track, and it stinks about as bad as Hamann's
18 recycling out there, and that's all I have to
19 say.
20 MAYOR PROCHASKA: Okay. Thank you,
21 sir. Is there anybody else out there? I
22 (No Response)
23 MAYOR PROCHASKA: If not, is there
24 comments from the Council? We've got -- I'm
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1 sorry, ma'am.
2 WHEREUPON: f
I
3 SHARON WHITE,
4 testified before the City Council as follows:
5 MS. WHITE: Sharon White, 8417 West
6 Highpoint Road.
7 I have a couple of fact - finding
8 questions. Just out of curiosity, I would be
9 interested to know how many of the aldermen were
10 at last night's meeting, if I may ask. One, two.
11 Okay. Because last night's
1
I
12 meeting I think represented how many of us feel
13 about the zoning.
i
14 Also a question, too, about
15 annexing. If the property is annexed in, but the
16 zoning is defeated, as it was last night, what
17 then is the follow through if somebody wants to
i
18 take their property that has been annexed into
19 the City?
20 Can they come in again at the
21 next meeting, can they then ask for rezone -- or
22 the rezoning or the type of zoning or -- I don't
23 know what the process is.
24 MAYOR PROCHASKA: I'm going to let
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1 the attorney answer that.
2 MR. WYETH: The process before the
3 Council tonight involves an annexation agreement
4 as their first vote and then subsequent votes in
5 furtherance of that annexation agreement for
6 annexation and the zoning as spelled out in the
7 annexation agreement.
j
8 So a vote for the annexation
9 agreement is the beginning of the zoning change,
10 and then the subsequent vote is the
11 formalization of that promise made in the
12 annexation agreement.
13 Does that answer your question?
14 MS. WHITE: Okay. So if the
15 zoning --
16 MR. WYETH: They come --
17 MS. WHITE: The zoning that they
18 ask -- that they are requesting, if that is voted
19 down, can that not be asked for again? !
20 MR. WYETH: Actually, your question
21 is stated out of order. The annexation agreement
22 would come first --
23 MS. WHITE: Okay.
24 MR. WYETH: -- and if that's
I
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1 approved, in that annexation agreement is a term
2 that says the zoning shall be changed.
3 Now, on the agenda you'll see
4 the two votes --
5 MS. WHITE: I meant zoning. I'm
6 sorry. I meant zoning.
7 MR. WYETH: Yes. Two votes later
8 will be the zoning.
9 Does answer your question?
10 MS. WHITE: Yes. Okay. And with
11 respect to the committee, I think the best way to
12 describe the applause from the audience is each
13 person that's applauding to some people's I
r
14 opinion, it would be each of those individuals
15 coming up and stating the same thing, so when we
16 applaud, we're letting you know that there is
17 many of us that feel the way the people -- what
18 the people are saying when they come up.
p
19 MAYOR PROCHASKA: Okay.
20 MS. WHITE: Okay? Thank you.
21 (Applause)
22 MAYOR PROCHASKA: Is there anyone
23 else that would like to come forward? Yes,
24 ma'am.
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1 WHEREUPON:
2 SUE BARNES,
3 testified before the Yorkville City Council as
4 follows:
5 MS. BARNES: Sue Barnes, 6165 Red
6 Gate Lane.
7 Since the major impact of all
8 this that you're trying to do impacts all of us
9 in unincorporated Yorkville and we didn't get to
10 vote for you as mayor, I just wonder why you feel
11 like you can do this when you know none of the
12 people in unincorporated want this. '
13 Why would we want a dump? We
14 are already getting west winds blowing from some
15 manure process that's going on. Now we would
16 like a dump out there? And do we need more
17 trucks? I mean, come on. Let's be sensible
18 here.
19 And I am in total agreement,
20 clean up the town of Yorkville, never mind
I
21 worrying about all of us out in unincorporated
22 Yorkville.
23 MAYOR PROCHASKA: Okay. And to
24 answer your question is, as we have been told,
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1 this process is a process for application, and
2 that application could be made to the County or
3 to the City, either one, and either group has to
4 look it from an objective point of view, however
5 it works, and my opinion has been -- and I'm --
6 you know, again, my job is to represent the
7 people of Yorkville --
8 (Laughter)
d
9 MAYOR PROCHASKA: -- and the answer
10 is with any kind of site sited in that area,
11 whether it be the City or the County, the City is
12 still going to be impacted because the majority
13 of the trucking would come through the City
14 anyway, and if we look at how any -- basically
15 anywhere in the county, I would say that the City
16 of Yorkville sits on all the major highways, we
17 would have that.
18 All I'm saying is in this
19 particular case I believe that the elected
20 officials at the City of Yorkville, because the
21 City of Yorkville would be so impacted, should
22 have the right to sit in judgment of the
23 application.
24 That is not to say that we
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1 would agree or disagree with it, it's just to sit
2 in judgment of that application. That's all that
3 we're looking at, should an application be made
4 on that property, should it be annexed to the
5 City.
6 Anyone else? Yes, ma'am. Go
7 ahead.
8 MS. WHITE: Sharon White, 8417 West
9 Highpoint Road.
10 In terms of the compost, I am
11 two farms over from the compost, and I can attest
12 to the odor. It is -- It's very penetrating. If
13 you have your windows closed, it doesn't matter.
14 It comes in the house.
15 I have had parties in the
16 backyard and people have left because the odor is
17 so strong. They can't stand it. It's sickening.
18 With that in mind, I can't help
19 but if this is just grass clippings and sticks
20 that are causing this odor, if we're going to be
i
21 getting all kinds of garbage, I can't imagine the
22 odor that would come from that.
23 And as far as the composting
24 goes, and with the odor, the health department,
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1 Marlon Hartman, I tease him that I have him on
2 speed dial, and it's very important for all of us
3 to call that smell it, no matter where you are
4 at, to call, because the odor is bad, and it's
5 all a part of the past showing what the future is
i
6 going to be like if the landfill is there. And
I
7 that's a big fear. Huge fear. And that's why we
8 can't have it in that area.
9 Highpoint is the highest point
10 in Kendall County. Why do we want to put a
11 landfill on there?
12 I invite anybody to come into
13 my driveway and look at my view in my back yard
14 and then say a landfill belongs there. It
15 doesn't. Not there, not Kendall County.
16 Thank you.
17 MAYOR PROCHASKA: Okay. Is there
18 anyone else that would like to speak on this
19 property?
20 Yes, sir, if you would like to
i
21 come forward again.
22 MR. BANKS: My name is Paul Banks.
I
I
23 I live on West Highpoint.
24 You answered my question about
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39
1 the B -3, they took it off the table, but you
2 didn't answer me why no residential properties
3 were included in this annexation except for two
4 houses, a lot and a house, because they own
5 property across the street from me in the path of
6 the landfill.
7 Why was nobody else approached?
8 MAYOR PROCHASKA: Because they
i
9 are -- at that point in time the thought wasn't
10 that -- to ask those folks, and certainly you are
11 welcome to petition to the City if that's what
12 you choose to do. You would be welcome to do
13 that.
I I
14 MR. BANKS: I sure wouldn't want to
15 do that, if this big Comprehensive Plan is to
16 bring the City of Yorkville out to that area, why
17 does it wind around all the houses and the houses
18 aren't included, no subdivision included?
19 MAYOR PROCHASKA: Well, if you look
20 at typically, the expansion of the City has
I
i
21 expanded around county subdivisions as the larger
22 lots and larger properties are brought in because
23 actually those properties are developed, and as
24 we look at the larger pieces of property, going
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40
1 with our Comprehensive Plan, we do not look to
2 force upon an existing owner what that would be.
3 Your property is what your
4 property is, and we look at the Comprehensive
5 Plan as it relates to the larger parcels that go
I
6 around it, so it just was not something that was
i
7 thought about. j
8 MR. BANKS: But you're forcing the
I
9 City onto us. We're in the County. That's where
10 we want to be.
11 Why would you bring the City
12 all around our houses? What is that oin to
g g
13 benefit the City?
14 MAYOR PROCHASKA: Well, I think
15 every growth of the City that's a question, you
16 know, for growth for any city anywhere as it
17 continues to go, as it goes out beyond its
18 borders.
19 That's been a question that's
20 been for years, and it's a natural progression of
21 growth of the communities as they grow.
22 MR. BANKS: You know, we have houses
i
23 out there, we're not included, so I don't
24 understand, but thank you.
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1 MAYOR PROCHASKA: Is there someone
2 else that would like -- Ms. Kramer.
3 WHEREUPON:
4 CHRISTINE KRAMER,
5 testified before the Yorkville City Council as
6 follows:
7 MS. KRAMER: Christine Kramer,
8 21 Cotswold Drive.
9 In reference to the annexation
10 agreements that we have been discussing, I happen
11 to know that fees enerall are included,
g Y G,
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G
12 Yorkville - Bristol Sanitary District, land cash
13 fees, your municipal building fees, development
14 fees, and annexation fees.
15 Are these included in the
16 annexation agreements or is the City waiving
l
17 these fees for these people that you have asked
18 to annex into the City?
19 And if they do have to pay
20 these fees, when would they be paid?
21 MAYOR PROCHASKA: Typically, as an
22 invitation -- and I'm sure you know this, as your
23 husband helped write some of these agreements
24 that we've had, initially as people are annexed,
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42
1 we do look at the annexation fees, if they are
2 invited, but all the other fees as far as the
3 school fees, the building fees, the land cash
4 fees, all that is done is they are detained until
5 such time as that property is developed, and then
6 they are due as per what is required as that
7 property develops for whatever it is.
8 I mean, again, a business area,
i
9 we typically don't ask for land cash in part, but
10 we would for any residential area, and as that
�i
11 area would develop, those fees would come due at
12 that time.
13 MS. C. KRAMER: Again, have you ever
14 annexed this large -- this many pieces of
15 business zoning that you're not going to get any
16 kind of fees from? Do you understand what I'm
17 saying?
18 From Bornemans on down they are
19 asking for business, and you're not going to get
20 any money out of that?
21 MAYOR PROCHASKA: Well, we -- if
22 they develop it, the City would get the fees that
I
23 would be required at the time of development.
24 Yes. Before you go, there is a
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1 gentleman here. Somebody else goes before there
2 is a second.
3 WHEREUPON:
4 ROBERT MUELLER,
5 testified before the Yorkville City Council as
6 follows:
7 MR. MUELLER: Robert Mueller, 581
8 Kelly Avenue in Yorkville.
9 Just some fact questions on the
10 property and other subsequent properties. I have
11 one question for whomever can answer.
.I
12 The property has already been
13 sold and it's owned by somebody else, I don't
14 know if that's true or false.
15 For instance, I hate to jump
16 ahead, but the North Star parcel or whatever
17 that's owned by that -- those people or that body
18 already. Have these people already gone in to
19 the County and asked for rezoning?
20 MAYOR PROCHASKA: I don't know if
21 that's happened or not. That's not a part of
22 what we would be looking at dealing with. It
23 would be what they ask the City.
24 MR. MUELLER: Okay. I just wasn't
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44
1 sure how long this has been already out there and
2 if they have already approached the County for
3 zoning and it's been --
4 UNIDENTIFIED AUDIENCE MEMBER: Yes.
�
5 Yes, they have.
6 MR. MUELLER: Okay. So that's why
7 it's remaining A -1 Agricultural right now. Okay.
8 Thank you.
it
9 MAYOR PROCHASKA: Yes, ma'am.
10 WHEREUPON:
11 JOANN GILBERT,
12 testified before the Yorkville City Council as
13 follows:
14 MS. GILBERT: JoAnn Gilbert, 8730
15 East Highpoint. I'll ask the question I asked
16 last night.
l
17 Do you have a Comprehensive
18 Plan that includes a landfill application?
19 MAYOR PROCHASKA: I don't know that
20 anyone has a Comprehensive Plan that includes
21 that. It's -- again, that's a --
22 MS. GILBERT: I don't mean a
I
23 Comprehensive Plan, I mean --
24 MAYOR PROCHASKA: Zoning? Is that
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1 what they're asking about, the zoning?
2 MS. GILBERT: No. A solid waste
3 plan, excuse me. A solid waste plan that
4 includes a landfill.
i 5 MAYOR PROCHASKA: Yes, we do have a
6 Solid Waste Plan at the City. We've had it
7 for -- I think it's been on record for about two i
8 years.
ii
9 MS. GILBERT: Okay. But you don't
10 have a solid waste coordinator other than this
11 administrator?
12 MAYOR PROCHASKA: The code official,
13 right. We have our code official. That's all we
i
14 have at this time, correct.
15 MS. GILBERT: And how much less is
16 the County fees for a landfill than a County --
17 the City versus the County?
18 MAYOR PROCHASKA: I -- I don't know.
19 MS. GILBERT: If we need to get an
20 application for a landfill, your fee versus the
l i
21 County, are you that much cheaper?
22 MAYOR PROCHASKA: Well, the City's
23 fee is set up where there is an amount put down
24 and then, as it is worked down, they have to
I
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1 replenish it, so there is always money there
2 regardless of how much it costs, it would be
'I
3 required to always have money on deposit with the
I
4 City for the process to go through.
5 Am I correct, Mr. Attorney?
6 MR. WYETH: That's correct.
7 MS. GILBERT: What is your fee?
i
8 MAYOR PROCHASKA: All right. The 9 '
9 amounts -- The amounts we start with are
f.
10 different, but the ultimate answer is that they
11 must have on deposit with the City as much money
12 as it takes to take the process through.
13 MS. GILBERT: What is your estimate
14 that this will cost?
15 MAYOR PROCHASKA: I don't have that
16 estimate at this time.
( 17 MS. GILBERT: Just a guesstimate.
r
18 MAYOR PROCHASKA: Anybody? No. I
i
19 guess nobody has an estimated cost.
i
I
20 (Laughter)
21 MAYOR PROCHASKA: But understand
22 that none of that is paid by the City. It is all
i
23 to be paid by the petitioner.
24 MS. BURD: Mr. Mayor, would you
I
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1 answer a question?
2 MAYOR PROCHASKA: Sure.
3 MS. BURD: Could you explain the
4 fee?
5 MAYOR PROCHASKA: All right. The
6 down -- it's $100,000 -- the initial amount
7 required by the City is $100,000, and when it
8 drops below what is it, John, 50 or 25,000, it
A li
9 has to be replenished, so it always stays.
10 There is also an amount on q
11 deposit with the City, and if they start with a I
1
12 hundred and if it drops down, they have to
13 replenish that in order for the process to
i
14 continue. At all times there has to be made
15 money on deposit with the City.
16 MR. MUELLER: Do you know what the
17 initial amount if he applied to the County would
18 have been?
19 MAYOR PROCHASKA: I'm not sure what
20 that number is. We have County officials here,
21 they can tell us.
22 MS. BARNHART: It's $500,000.
23 MAYOR PROCHASKA: Okay. There you
24 go.
Depo Court Reporting Service (630) 983 -0030
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1 MR. MUELLER: That's quite a bit of
2 difference.
3 MAYOR PROCHASKA: Well, again, we're
4 trying to stay on the Borneman property in
5 dealing with that property.
i
6 MR. MUELLER: I understand.
7 MAYOR PROCHASKA: Yes, sir.
8 MR. MILLIRON: Art, I heard last
9 night that Staff made the invitation to one of
10 the property owners that's not involved with the
11 Hamann properties and you personally made an
12 invitation to the other.
i
13 I would like you to explain to
14 your Council members the reasoning behind those
15 invitations and what is the reasoning for putting
16 all four of those properties together, please.
17 MAYOR PROCHASKA: Well, as I stated
18 that last night, and I just said it here earlier,
19 the reason I did this is it is our understanding
20 that a petition is -- may be filed on that
21 property, and with the fact of its proximity to
22 the United City of Yorkville, it's been my
i
23 opinion that, in that case, it should be the
24 United City of Yorkville that is the group that
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1 sits in judgment and looks over that application.
2 The only way that can happen is
3 if that property is annexed into the City. It's
4 as simple as that. All right.
5 WHEREUPON:
6 DERKE J. PRICE,
7 testified before the Yorkville City Council as
8 follows:
I
9 MR. PRICE: Mayor and City Council,
10 my name again is Derke Price. I am the special
11 attorney hired by you folks to assist you in the
12 process, and I just want to clean up one factual
13 statement.
14 The $500,000 deposit made under
15 the County siting ordinance is different than the
16 $100,000 deposit made under your siting
17 ordinance, but it is not a fee.
18 In both instances the County
19 has to refund the balance that is not used. The
20 County sits on the money and collects whatever
0
21 interest they get, as opposed to our process, j
22 where it's $100,000 and replenished.
I
23 In terms of a range of how much
24 the process costs, the process can be as little
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50
1 as $50,000 and it can be as much as $300,000, or
2 even more, depending on the land purpose needs
3 and the contents.
4 But in this Qircumstance we are
5 asking tonight, among other things, to change the
6 siting ordinance to include the number of places
7 the people can have input, and the $100,000
8 downstroke is intended to make sure that things
9 like audio tapes, public facilities, rent of
10 sufficient space to get it all done is done, and
11 in my experience doing this on behalf of
j
12 municipalities now for many years, that's a
13 sufficient amount to get started, it's a
i
14 reasonable amount.
15 And with the replenishing,
16 nobody is at risk and the County is not in any
17 superior position simply because they asked for a
I
18 giant deposit.
19 So that's the only difference.
20 It is not a fee, it is merely a deposit. I just
21 want that clear for the record.
22 MAYOR PROCHASKA: Yes, sir.
23 MR. MEZGER: My name is Randy Mezger
24 again.
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51
1 I just wanted to see if you
2 guys had any idea what type of businesses you
I
3 think will be out there if this zoning did pass,
4 with that landfill potentially going out there,
5 who would actually want to operate out there with
i
6 the landfill a few acres away from them, if you
i
7 have any ideas.
8 MAYOR PROCHASKA: Anyone else want
I
9 to answer this? I can talk. I would suggest
10 that you take a ride up Kirk Road in the Batavia,
11 Geneva area.
'I
12 I don't -- That's the only --
13 that's the first one that comes to my mind as
14 business areas around such development.
15 I don't know of any other areas
16 offhand. Maybe you do.
17 Yes, ma'am.
18 MS. GILBERT: If you want to go by a
i
19 landfill that Don Hamann has run, 119th and
20 30th -- Route 30. It stinks. It's closed, but
i
21 it stinks. There are no businesses.
22 MAYOR PROCHASKA: Okay. Did you --
I
23 MS. WHITE: I actually used to work
24 across the street from Settler's Landing, and
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1 it's all manufacturing, big factories, and Gale,
2 the boy's home, the old boy's home.
i
3 There is nothing that -- to me
4 that would produce a nice revenue.
5 MS. GILBERT: Okay.
6 MAYOR PROCHASKA: I think there is
7 things, but that's okay. Ma'am?
8 MS. BARNES: I just have one
9 question. If you did annex this property and --
10 would you put it to a vote then with the City of
11 Yorkville, whether the people of Yorkville want a
12 landfill? Could that be a possibility?
13 MAYOR PROCHASKA: Again, I think I u
I
14 would defer this to the attorney on describing
15 the process.
16 MR. PRICE: A referendum is not a
17 permitted alternative. They did it in Glendale
18 Heights. Mr. Blazer, who was assisting the
19 County, was part of that process. Unfortunately,
20 it convolutes the process.
21 The State of Illinois has said,
22 for better or worse, we understand nobody really
23 wants a landfill, but we all make garbage, so
24 we're going to impose a process where there's
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53
1 nine criteria, and if the land meets the nine
2 criteria, that's fine, but the balance will be
3 with the local siting control and people who will
4 have it.
5 It's a question of whether the
6 evidence shows the site meets the nine criteria
7 as it's proposed to be operated and as it's V
a
a
8 designed.
'I
9 A referendum cannot be the
10 decision making process. That would be going
11 outside of the statutory process imposed by the
12 State of Illinois, which would mean that the
13 applicant then could appeal to Springfield and
14 Springfield would decide this. I don't think any
15 of us wants Springfield deciding the future.
16 Whether it's the County or the
17 City, which would be decided locally, a
18 referendum isn't part of the statutory mandated
19 process of how this happens.
20 Nobody, not the County, not the
21 City's hands are free to do what they want to do
22 or put this to a referendum, so under the
f
I
23 process, the referendum, while advisory in some
24 sense, could never be how this decision is made.
I
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1 The State of Illinois doesn't permit it.
2 MS. BARNES: So if you, the Board,
3 voted this down, it's not going to stop there, is
4 that what you're saying?
5 MR. PRICE: Well, what I'm saying is
6 if they have proven that they meet the nine
7 criteria and they vote it down anyway, the
8 process is is that like everything in American
9 government, it's checks and balances, and the
10 checks and balances are that they have a right to
11 appeal then under the statutory process, and if
12 they find that these folks turned it down, even
13 though the evidence supported meeting it, they're
14 acting as judges and it's like a trial case, then
15 the appellate court can overturn the decision and
16 impose it without any of the conditions, without
17 any of the host agreement of benefits.
18 That's the possibility that
19 exists, that is, just being imposed under the r'
I
20 statute with no control, no local say so. So
21 that is a risk.
22 Does it happen very often? No,
23 but it has happened and it is a risk.
24 MS. BARNES: Thank you.
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1 MAYOR PROCHASKA: Anyone else on
2 this particular property? Yes, ma'am.
3 WHEREUPON:
4 JOAN POOL,
5 testified before the City Council as follows:
6 MS. POOL: My name is Joan Pool, and
7 I recently moved to Yorkville from Naperville,
8 and for 20 years I lived near Green Valley. I
9 was about three miles away.
10 I had a lot of odor, lot of
11 trucks, lot of garbage on the road. And there is 1
12 no industry around Green Valley.
I
13 It seems to me that those of us
14 that moved to the County that wanted a country
15 setting, we were looking at the County, they had
16 this plan that there were going to be these
17 estate -sized lots and nice houses and things that
18 what you want to do now is take all of the
19 garbage and move it out to that end of Yorkville.
20 MAYOR PROCHASKA: Okay. Someone who
21 hasn't spoken yet? Sir, would you like to come
22 up?
23 WHEREUPON:
24 JERRY DIETER,
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1 testified before the Yorkville City Council as
2 follows:
3 MR. DIETER: My name is Jerry
i
4 Dieter. I live in rural Yorkville, so I have no
5 vote in any City government, which doesn't seem
6 like I am represented here very well, but -- I
7 was here last -- or I was at the meeting last
8 night and saw there was really no discussion on
I
9 this. It was just kind of passed through.
10 After they got done hearing us,
11 they voted and it all went through, so -- Now, I
12 know they advised you to vote on it, but I am
13 just challenging the aldermen to live up to the
14 commitment.
15 I pulled up some information
16 off the web site, I'd just like to read a couple
17 people's and just challenge you to put up the r
18 commitment that you made to the people of
19 Yorkville.
20 I know that growth has come to
21 Kendall County and I know there is concern that
22 we're going to lose our small town charm.
i
23 I believe that a small town is
24 based on ideals and commitments of the people in
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1 the community and not the population count.
2 Yorkville is a balancing act of
3 managing a growing city and maintaining a
I
4 wonderful quality of life in the community. It
5 has -- that the community has become accustomed
6 to.
7 I believe I can bring a
8 balanced perspective to the decisions involved in
9 the future growth and direction of the City.
10 I just want to be a part of
11 something good, something great.
12 Yorkville has rapid growth,
13 increase in property taxes, lack of urgent care
14 needs, traffic congestion, and conservation and
15 parks and recreation areas.
16 I felt some expertise to lend
17 to the City as ways to improve and upgrade
18 things.
19 Another one was independent
20 thought and keen sense of fairness to all matters
I
21 brought before the Council. It is a privilege to
22 serve the citizens of Yorkville and represent the
23 residents.
24 Thank you.
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58
1 MAYOR PROCHASKA: Thank you. Sir in
2 the back there with your hand up?
3 WHEREUPON:
II
4 GEORGE FROST,
5 testified before the Yorkville City Council as
6 follows:
7 MR. FROST: My name is George Frost.
8 I live in Yorkville in the River's Edge Reserve
I�
9 off of Fox Creek.
10 While not being an expert in
h
11 any of this, I tried to do some homework and
12 tried to contact the County to get some
13 background on this, this land that's being
14 proposed for annexation, and I stated last night
15 that that gentleman had actually -- they didn't
16 make an application, but had talked with the
17 County, the County did ask him for $500,000 to
i
18 start the process, told him from my understanding j
19 that it could go as much as $750,000 or more in
20 costs that would be taken back as the process was
21 drawn out.
22 He also asked the County at
23 that time to walk away from the road that's in --
24 that cuts his property in half.
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59
1 I see that's on the agenda
2 tonight, but it wasn't discussed last night, and
3 my understanding was the County asked for a
4 million dollars for that road.
5 I'm just wondering down the
6 road how that's going to affect this annexation
7 agreement.
8 I was told that once the
9 annexation agreement -- if he gets annexed into
10 Yorkville, that road and everything else, then it
11 becomes Yorkville's property and problem or one
12 way or another.
13 So he's actually from what I
14 could see going back door, trying to circumvent
15 the County, coming back into Yorkville to try to
16 get this in.
17 It's not a pretty situation if
18 anybody has been up there to Settler's Hill in
19 Batavia. During the summer it stinks, there is
20 garbage everywhere blowing around.
21 This gentleman has also -- the
22 way this -- the way I understand it, the nine
23 points of a landfill EPA - regulated system or
24 process, one of the main criterias is the need.
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1 I believe that's why this is
2 being ramrodded through, because if that other
3 landfill gets started down south before he gets
4 his in, then there is not a need, so he could not
5 prove need within the County, which is also why
6 then the County turned around and backdoored you
7 guys to put in a law that says there can't be a
8 landfill within a municipality, and what that's
9 going to do is end up costing Yorkville and
10 Kendall County taxpayers when we go to court over
11 it who knows what kind of money. It doesn't make
12 a lot of sense.
13 The residents don't want this. I
14 I know, Mayor, you think you have to have this
15 because of economic growth down there. It's --
16 If you don't want to fight the
17 fight, get out of the kitchen. This is something
18 that you have to fight for us. It's just that
19 simple. If you don't want to fight the fight,
20 get off the Board.
21 (Applause)
22 MAYOR PROCHASKA: All right. Is
23 there any other discussion on this piece of
24 property?
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1 One more time. I think we'll
2 take one or two more. I think we are dwindling
3 down, so we will move on to the next parcel.
4 MR. MILLIRON: Thank you. City
5 Council members, I would like Art Prochaska to
6 give us an explanation of why we are going so
7 fast.
8 I suspect you've had 50 to 100
9 phone calls from the constituents of Yorkville,
10 residents of Yorkville, and some in the County,
11 wanting to know what is the big hurry, why are h
12 you doing this in 19 days, and I would like an
13 explanation.
14 Thank you.
15 MAYOR PROCHASKA: I've gotten about
16 six phone calls totally, and I have answered
i
17 those to the people that were there or left them
18 a message --
19 MR. MILLIRON: Would you answer it
20 for the record?
21 MAYOR PROCHASKA: -- and the answer
22 is to annex the property and to move forward with
23 whatever may happen, and whether that is an
24 application or not -- and this is the process we
Depo Court Reporting Service (630) 983 -0030
62
1 go through.
2 This property has no -- when
3 you talk about the six months to a year, we also
4 talk about properties that have PUD's,
5 preliminary plats, different agreements that all
II
6 go with them.
p
7 Yes, some of those can take six
8 months to a year, some of them can take -- we've
I
9 had some of them that are very large that have
i
10 taken a couple of years. It depends on what
11 there is.
12 And have there been properties 4
13 that have moved through quickly? There have, but
14 on ones that have not had issues.
15 So, you know, as far as why are
16 we doing this, again, there's no secret, the City
17 would like to have this property under the City's,
18 control, or I would like to see it under the
19 City's control. I will not speak for the rest of
20 the Council. So there is your answer.
I
21 And, you know, if you've got
22 something new to say, that's fine, but we really
23 need to move on to the next parcel. I'm sure
24 we're going to have a lot of the same comments,
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I
63
1 so if this doesn't pertain particularly to this
2 parcel of land, can we move on and go to the next
3 parcel?
4 Yes, sir. Final comment.
5 MR. GILMOUR: Tom Gilmour. I'd like
6 to recall an incident that's happened on Route 47
7 as far as the wisdom of this zoning and some of
8 the Comprehensive Plans for Yorkville proper.
9 Del Webb pulled out after
10 someone got the idea, bright idea, to put a water
11 park across from a retirement home.
12 Now, here is a community that
13 was bringing in -- they're not having any more
14 children, they are nothing but a win /win
15 situation for the City of Yorkville, and along
16 comes the water park.
17 MAYOR PROCHASKA: Well, and I ask --
18 This would be pertaining to the particular piece
19 of property, but just to answer your question on
20 that, the owners are still looking at a group
21 that is looking at doing that, and one of the
22 groups is still the people.
23 It was an economic decision
24 based on being able to come to agreements between
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1 land owners and the developers and, as far as I
2 know, that is still -- it is still going forward,
3 so that's that. j.
4 MR. GILMOUR: Once again, back on
5 that same topic, and it is pertinent to this
i�
6 whole general -- these next several parcels of
j
7 property.
8 If you are really interested in
i
9 the future growth of Yorkville, stand outside and
10 pick a direction. The most promising direction
11 for the City of Yorkville is in the southwest
i
12 corner.
13 It's the most picturesque part
I
14 of the county, it's the most likely for
15 residential development, and once this happens,
16 it's the end of it all.
17 And it's going to be to like a
I
18 virus imperviating the entire town. Don't think
19 it's just we got a couple million here, we're
20 going to use it someplace else.
21 Thank you. And that's all for
22 tonight.
23 MAYOR PROCHASKA: Okay. Is there
24 anyone else that would like to speak on this
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65
1 particular piece of property?
2 (No Response)
i
3 MAYOR PROCHASKA: Is there anything
4 Council would like to say anything on this
5 particular parcel of property?
6 MR. BESCO: I would just like to
7 reiterate that we are dealing with an annexation j
8 and zoning of property, and that is what's facing
r
9 us.
10 This is what we are voting on.
11 We're not voting on a landfill. That -- If
12 something does come -- somebody files a petition
13 to put a landfill in, then we will address that
14 topic, but until then, we are dealing with the
15 annexation and zoning of these properties, and
16 that's what we're judging it on.
i'
17 MR. MUNNS: I would like your
18 address, ma'am. I would like to stand in your
19 driveway and take a look. You offered.
20 MS. WHITE: Right.
21 MR. MUNNS: I wrote it down, I want
22 to make sure it's right. Was it 8714?
23 MS. WHITE: 8417 West.
24 MR. MUNNS: 8417. Thank you.
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1 MAYOR PROCHASKA: Okay. Anything
2 else pertaining to this particular piece of
3 property? All right.
4 WHEREUPON:
5 KIM RIECKERT,
6 testified before the Yorkville City Council as
7 follows:
8 MS. RIECKERT: Kim Rieckert. I live
I
9 on State Route 71 a mile from where you're
10 wanting do all this.
11 Can I just have hands raised
I
12 how many of you live anywhere near what you are
13 wanting and pushing through on us?
14 Isn't there a better place to
15 potentially put a landfill that is not going to
16 affect us?
17 You've got huge farms down 47
18 and yet you are wanting to annex just so you can
19 do stuff that's not wanted or appreciated
20 anywhere around us.
i
21 How many of you are going to be
ti
22 personally affected more than just trying to
I
23 travel the roads that we can't get through now?
24 How many of you live
I
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1 within let's go 15 miles?
2 MAYOR PROCHASKA: I think we all do.
3 I think we all do that.
4 MS. RIECKERT: That is going to be
5 on your road?
6 MAYOR PROCHASKA: No.
7 MS. RIECKERT: You say to live on a
8 highway.
9 MAYOR PROCHASKA: I live a block up
10 34.
11 MR. WOLFER: I live four miles.
12 MR. LESLIE: I live -- I am the
13 closest to the proposed annexation.
14 And I would like to caution you
15 with your supposition, a lot of you folks are
16 here, I think that's great you're coming out, but
i
17 apparently you've decided what my decision has
i
18 been and everyone else here.
19 MS. RIECKERT: I'm requesting that
i
20 you turn it down because we don't want it.
21 MR. LESLIE: I appreciate that. A
22 request is one thing, but your statement earlier
23 was how many of you live in close proximity while
24 you are pushing this through.
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1 You're not here to vote on it,
2 you're here to state your opinion, we're here to
3 hear.
4 But, please, I encourage all of
5 you, I don't think a single person here has heard
6 me speak to what I want. I am going to be one of
I
7 the people voting, as are the other seven here. w
8 So understand that.
9 MS. RIECKERT: Would we be doing
10 this proposal and seeking out people to annex
11 into the City of Yorkville if we didn't have this
{
12 other issue underlying? f
I
13 MR. LESLIE: I'm not sure of your
14 question.
15 MS. RIECKERT: If we didn't have
16 Mr. Hamann wanting to use his property for this,
17 would the City have deliberately gone after to
I
18 annex and seek out these individual specific
19 property owners?
20 MR. LESLIE: Are you familiar with
21 the process, number one, to seek out, and are you
22 aware of the individuals, the said individuals,
i
23 you are saying that did so?
24 MS. RIECKERT: Why don't you explain
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1 it to us?
2 MR. LESLIE: I can't. I am not one
3 of them.
4 MAYOR PROCHASKA: I think we
V
5 MR. MUNNS: We're off point,
6 Mr. Mayor. Let's get back to it.
7 MR. MILLIRON: It was explained last
8 night.
9 MR. LESLIE: It's an important
10 oint. I want to make that point, you know.
P P y �
11 MAYOR PROCHASKA: Just in
12 finalization, again, to all of the Council -- and
13 they are all aware of this -- and, as Alderman
i
14 Besco has pointed out, this is a public hearing j
15 for annexation and zoning, and there is no
16 presupposition one way or another for anything
j
17 else that would come along. There cannot be.
18 And if anyone speaks of it any
19 other way, they actually could put -- there is a
20 bigger liability of doing that the attorney has
21 said.
22 We will look -- At this point
23 in time we are looking at annexation and zoning
24 of property, and that is what's before us for
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1 consideration this evening.
2 Is there any other discussion
3 on this piece of property before we move to the
4 next piece of property? Yes, sir.
5 WHEREUPON:
6 PHIL CORRINGTON,
I'
7 testified before the Yorkville City Council as
8 follows:
i
9 MR. CORRINGTON: Good evening. I
10 have a small question I am hoping you can help me
I
11 with.
12 MS. SPEARS: Excuse me, what is your
13 name?
14 MAYOR PROCHASKA: You need to state
15 your name and your address, sir, please.
16 MR. CORRINGTON: Phil Corrington,
17 8675 Highpoint Road in Kendall County.
18 And the question is the
I
19 Eldamain Road extension. I heard last night from
20 I believe it was you that the Eldamain Road
21 extension all the way to 71 covers on the east
22 side would be Plano.
23 MAYOR PROCHASKA: And our boundary
24 agreement with Plano at this time is that
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1 from down to Route 71 to the east of Highpoint
2 Road -- other than there is a little gray area
3 because it curves over to hit Eldamain -- to --
4 is on the Yorkville side of the boundary
5 agreement; on the west side is the Plano
6 agreement, that ends at Route 71.
7 MR. CORRINGTON: Can you tell me
8 approximately on this map or where people can see
I�
9 where the Eldamain Road extension would come in?
10 MAYOR PROCHASKA: Sure.
11 MR. MILLER: It would be -- That's
12 Eldamain Road.
13 MR. CORRINGTON: That's West
i
14 Highpoint.
15 MR. MILLER: Right. And that's
16 where Eldamain Road would come in.
17 MR. CORRINGTON: I thought it would
18 come straight in down through here. j
19 MAYOR PROCHASKA: No. We -- The
r
20 actual agreement is Eldamain north of the river
21 and Highpoint Road on the south side of the river
22 to Route 71.
23 MR. CORRINGTON: Okay. Thank you.
24 One other question, and this goes on to another
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1 piece of property.
2 If you annex the Hamann
3 property where they are currently using it as
r,
4 composting, will you be able to provide better
5 control over the odor?
6 MAYOR PROCHASKA: Well, I don't know
7 if we can provide better or not. From what I'm
8 hearing, people are saying there is not a lot of
9 control being done right now, and certainly that
10 would then go through our City Staff and we would
11 address that as the City because it would then be
C
12 within the City limits.
13 MR. CORRINGTON: Thank you. 'I
14 MAYOR PROCHASKA: Anyone else?
15 Where? Oh. Ma'am.
16 WHEREUPON:
17 JOAN EVERETTS,
18 testified before the Yorkville City Council as
19 follows:
20 MS. EVERETTS: Joan Everetts. I f �
I
21 live at 8282 West Highpoint Road. I have two
22 questions on this.
23 One, the gentleman earlier said
24 that the fire district was improper on the
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1 annexation agreement I believe, and I was
2 wondering if the correct fire district got proper
3 notice and timely notice.
I
4 MAYOR PROCHASKA: Well, that's a
5 question. Can we answer that? Pardon? You've
6 got notice? Mr. Nelson, I don't know, can you
7 answer that? Were they noticed?
8 MR. NELSON: My reading of the
9 statute is -- I think Mr. Wyeth would agree with
10 me -- that if there is --
11 MAYOR PROCHASKA: Okay. Yes, the
12 Bristol - Kendall Fire Protection District was
i
13 notified. We do have the return from the --
14 MR. NELSON: That satisfies it.
15 MAYOR PROCHASKA: -- from the mail.
16 Yes. They were notified.
17 MS. EVERETTS: And my second
18 question deals with the process in general, and
19 I'm not sure if I have this straight, the
I
20 attorney can straighten this one for me, but I
I
21 believe when a municipality asks for annexation
22 an ordinance needs to be passed, and was that
23 ordinance passed? And when? If that's right.
24 MAYOR PROCHASKA: That's what the
I
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1 public hearings are for and that is what is on
2 the agenda for this evening, would be the actual
3 ordinances --
�
4 MS. EVERETTS: The ordinances. l
5 MAYOR PROCHASKA: -- to do that.
i
6 MS. EVERETTS: Okay. Thanks.
B
7 MAYOR PROCHASKA: If there is no
8 other discussion on this particular piece of
9 property, I'd like to move on to the next --
10 Anyone here at the table?
11 (No Response)
12 MAYOR PROCHASKA: I'd entertain a
13 motion to close the public hearing for PC
14 2006 -71.
15 MR. MUNNS: So moved.
16 MR. WOLFER: So moved. Second.
17 MAYOR PROCHASKA: Moved and
I
18 seconded. May I have roll call, please?
19 MS. MILSCHEWSKI: Burd.
20 MS. BURD: Aye.
21 MS. MILSCHEWSKI: Munns.
22 MR. MUNNS: Aye.
23 MS. MILSCHEWSKI: James.
24 MAYOR PROCHASKA: I'm sorry, that's
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1 true. It is forty -- it's 2006 -44. Would you
2 please -- I guess I'd ask to rescind that motion
3 and restate the motion, and I would entertain a
4 motion to close the public hearing on PC 2006 -44.
5 MR. MUNNS: So moved.
6 MR. WOLFER: Second.
7 MAYOR PROCHASKA: A motion has been
8 rescinded. It has been moved and seconded.
9 May I have roll call, please?
10 MS. MILSCHEWSKI: Burd.
11 MS. BURD: Aye.
12 MS. MILSCHEWSKI: James.
13 MR. JAMES: Aye.
14 MS. MILSCHEWSKI: Munns.
15 MR. MUNNS: Aye.
16 MS. MILSCHEWSKI: Wolfer.
17 MR. WOLFER: Aye.
18 MS. MILSCHEWSKI: Leslie.
19 MR. LESLIE: Aye.
i
20 MS. MILSCHEWSKI: Besco.
i
21 MR. BESCO: Aye.
22 MS. MILSCHEWSKI: Bock.
23 MR. BOCK: Aye.
24 MS. MILSCHEWSKI: Spears.
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1 MS. SPEARS: Aye.
2 MAYOR PROCHASKA: Motion is carried.
3 Next I would entertain a motion
4 to go into public hearing for the purpose of
5 discussing PC 2006 -71, North Star Trust Company
6 u/t dated August 8, 2006, No. 06 -9993,
7 petitioner, has filed an application with the
8 United City of Yorkville, Kendall County,
9 Illinois, requesting annexation to the United
10 City of Yorkville and rezoning from Kendall
11 County A -1 to United City of Yorkville B -3
12 Service Business District, and for hearing as to
i
13 the annexation of petitioner.
14 The real property consists of
15 approximately 15.32 acres located on the south
16 side of Route 71, west of Highpoint Road, in
17 Kendall County, Illinois.
18 MR. BOCK: So moved.
19 MR. WOLFER: Second.
20 MAYOR PROCHASKA: Moved and
21 seconded. May I have roll call, please?
22 MS. MILSCHEWSKI: Burd.
23 MS. BURD: Aye.
24 MS. MILSCHEWSKI: Munns.
i
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1 MR. MUNNS: Aye.
2 MS. MILSCHEWSKI: James.
3 MR. JAMES: Aye.
4 MS. MILSCHEWSKI: Wolfer.
5 MR. WOLFER: Aye.
6 MS. MILSCHEWSKI: Leslie.
7 MR. LESLIE: Aye.
8 MS. MILSCHEWSKI: Besco.
i'
9 MR. BESCO: Aye.
10 MS. MILSCHEWSKI: Bock.
11 MR. BOCK: Aye. j
12 MS. MILSCHEWSKI: Spears.
13 MS. SPEARS: Aye.
14 MAYOR PROCHASKA: Motion is carried.
15 Representing the petitioner,
16 could you state your name?
17 WHEREUPON:
18 JOHN PHILIPCHUCK,
19 testified before the Yorkville City Council as
20 follows:
21 MR. PHILIPCHUCK: Yes. John
22 Philipchuck. I am an attorney with offices at
23 123 Water Street, Naperville, Illinois, here this
24 evening representing North Star Trust Company
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1 Trust Number 06 -9993, and this is the 15 -acre
2 parcel that's located at the southwest corner of
3 Highpoint Road and Route 71.
V
4 It is contiguous to the
5 Borneman property that you just conducted a
6 public hearing on.
7 Under the state statutes, an
8 applicant has a right to file petitions to annex
9 and to request that the municipality enter into
10 an annexation agreement. We have submitted an
7
11 annexation agreement for your consideration. j
i
12 At the public hearing last n
13 night, unfortunately the Plan Commission did not
14 have a majority to recommend zoning.
15 We are requesting B -3 for this
16 parcel; the reason being that that is what your
17 Comprehensive Plan calls for.
18 It was recently adopted by the
19 City Council in September of 2005, so it's of a
i
20 more recent nature.
21 Part of the reasoning that you
22 invested in an update of your Comprehensive Plan
23 was because of the growth that you are
24 experiencing in the southern part of the City,
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1 and as you know, as your corporate boundaries
2 expand, so does your sphere of influence.
3 You are able to plan your
4 destiny within a mile and a half of your
5 corporate boundaries.
i
6 As you annex these parcels, it
7 allows Yorkville to be the one who determines
8 what land uses and what will be happening in
9 these areas, so this is a logical extension of
10 the City into an area that's part of your
11 Comprehensive Plan, and I would urge you to
c
a
12 continue your efforts to help the citizens of
13 Yorkville to relieve them of some of the property
14 tax burdens by continuing to plan to annex these
15 areas that offer potential for commercial
16 development.
17 We all recognize that
18 homeowners are the ones that are carrying a lot
19 of the burden for our school taxes, but getting 1
20 commercial properties annexed and under the
21 control of the City of Yorkville allows you to
22 plan for the future so that these parcels are out
23 there and designated, so that as home buyers look
24 at new property, they can evaluate whether they
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1 want to move in those areas knowing that those
2 are the plans.
I
3 The plans are this property has
4 been annexed by Yorkville, Yorkville is
5 designated as commercial, what have you, and so
I
6 the plans are out right there. It's of public
7 record that everyone can take a look at and see.
8 We must take advantage of our
9 state routes. We've seen that on Route 34 with
10 the commercial ventures that you are starting to
11 see come into the community.
I
12 We've seen it on Route 47. You
I
13 are currently seeing some developments that have
14 large commercial components as you move out on
15 Route 47?
16 One thing that is a plus is
17 that there are plans for the Prairie Parkway.
18 Again, your future, but nonetheless, it's part of
19 the job, a good City Council has to plan for that
20 future.
21 And by doing your Comprehensive
22 Plan and by planning for these areas, taking
23 advantage of the fact that these roads are
24 coming, you are positioning yourselves to allow
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1 those planned uses that are being petitioned to
2 you tonight.
3 So we think it's fiscally
i �
4 responsible of this Council to consider these
5 kinds of petitions and annexations, and we would
w
6 request that you recommend approval of the zoning
7 tonight in accordance with the Comprehensive
8 Plan.
9 Thank you.
10 MAYOR PROCHASKA: Okay. Travis, do
I
11 you have a report to give on this particular
12 parcel?
13 MR. MILLER: A brief statement. The
I
14 Plan Commission did conduct a public hearing last
15 evening, as stated by the petitioner.
16 The recommendation for -- to
17 approve the annexation was unanimous, seven to
18 zero, and the zoning was not recommended, with a
19 vote of three in favor of recommendation and four
20 not in favor of a recommendation for rezoning
21 request.
22 Just as a point of
23 clarification, the petitioner stated the
24 Comprehensive Plan -- the Comprehensive Plan in
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1 the southern portion of the City, the public
2 hearings were conducted in November of 2004, it
3 was adopted by the City Council in February of
4 2005.
5 It is true that the -- this
6 property, 15.32 acres, does fall completely
7 within an area designated or recommended by that
8 Comprehensive Plan for commercial use, so B -3
9 zoning classification would be consistent with
10 the recommendation of the Comprehensive Plan for
11 this property.
i
12 MAYOR PROCHASKA: Okay. With that,
13 I would -- Wait until she changes the tape here. I
14 All right. I would open the floor, sir.
15 MR. PARISH: Ron Parish again. I
16 guess I'm just going to go back and talk about
17 what we have talked about so far in the meeting.
18 For one thing, I do appreciate
19 all of the aldermen being here in parliamentary
20 procedure.
21 In all of the parliamentary
22 procedure that I have ever been involved with, it
i
23 was generally noted the ones that paid attention
24 or did not pay attention when important issues
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1 were being brought up.
2 I would like to call to the
3 attention to the group the ones that do or do not
4 pay attention.
5 I believe the gentleman on the
6 end, Jason -- and I respect you Jason --
7 chastised one of the individuals in the room a
8 while ago, but you were not present, Jason, when j
9 the -- it was read. You were in the back room.
10 MR. LESLIE: Which was that?
11 MR. PARISH: Now, you said -- When
12 they called the roll a while ago to vote, you
13 were not even present in the room. hl
14 MR. LESLIE: What --
15 MR. PARISH: You were out smoking
16 and you were reading a book. If I'm going to be
17 here, I would like you to --
I8 MR. MUNNS: Been here The whole time
19 we were discussing this, sir.
20 MR. PARISH: I would like someone to
21 pay attention to us. We are here paying for our
22 right and for our property and I would at least
23 like someone --
24 MR. MUNNS: Tell him he is done.
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1 MAYOR PROCHASKA: Sir, sir, I'd ask
2 that -- Please stay on point on this property.
3 MR. PARISH: I will stay on point.
�I
4 I will go back to the first thing, that this is
5 being railroaded. It is done in 19 days.
6 The trucks that we are talking
7 about are going to be coming through Yorkville no
8 matter what was the statement that was made, and
9 they will if the dump goes out there.
10 We have also talked about
11 what's out there now. There is a compost plant °
12 out there now, and you can't breathe. It also
13 has plastic in it. And I would invite every one
14 of the Council members to come out and look at
15 that landfill and see what's in the landfill.
16 All respect to you, John, I
17 would invite you to come out and look at that
18 also.
19 We talked about no fees and
20 John talks about us having a tax base. There is
21 no fees bringing these properties into the county
22 and -- into the City, excuse me.
23 If there is no fees, then we
24 don't have a tax base. We only have a tax base
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1 if something is built there, and I doubt very
2 seriously having this garbage is going to pay
3 anything to us for taxes. It's only going to
4 bring us more misery.
5 We have talked about what
i
6 happens in the other landfills. I'll give you
7 Settler's Landing or Green Valley. It is sand
8 base, and there is not enough sand base out there
9 to even have a landfill.
10 There has been 40 core
11 drillings out there -- not wells -- where they
I
12 dug in to check the land, but the reason they
i
13 chose the other one is because when you can't cap
14 it off, it's too much sand, it doesn't work, and
15 that absolutely is an abomination right now.
16 There has never been anything
17 done to help this or any of us out on that road
18 to stop this landfill from going.
i
19 And, systematically, we are
20 going down through each one of these properties
21 and we're saying okay. There was no discussion
22 amongst the Board a while ago, it was let's call
23 roll. I would like to hear y'all's opinions.
24 We're standing here, All of us
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1 are getting up and we're pleading for our life.
2 My wife played in 47, she is 53 years old, played C
�u
3 in the middle of that highway. There wasn't any
4 traffic.
5 We haven't done anything to 47
6 since she played in it in 53 years, but yet we
7 want to bring the traffic out down 71.
8 We have already annexed a lot
9 of land out here, but I have never seen a
10 Yorkville patrol car out there.
11 People do 75 miles an hour with
12 trash running on those trucks, but there is no
13 Yorkville patrol cars out there, and you already
14 annexed that property.
15 I'd just like to ask that
16 everybody listen to us, and let's look at what
17 the cost would be.
18 The County asks for $500,000 to
19 inspect that property because it's going to cost
20 over $500,000 in order to get a landfill
21 authorized and to have it out there. $500,000
22 won't touch it.
23 Yorkville is asking for
24 $100,000, and that's fine. I know we say we can
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1 replenish it, and I'm sure we will, and I'm
2 taking you at your word that we would replenish
I+
3 it, but that's not enough to even start to get
4 that property into a landfill.
5 And all of this is about
6 putting the properties together to get to the
7 landfill, and it just doesn't make any sense.
8 I cannot understand why the
9 City of Yorkville would want to sit and railroad
10 this entire group of people into something that
11 they don't want.
12 We set here last night, all of
13 us begging for our lives, and it was like yes,
i
14 aye, aye, aye, aye. Yes, aye, aye, aye, aye,
15 aye, aye, aye.
16 My wife just came home from
17 Mayo. She's been there for four weeks. She had
18 to go home. She couldn't even tolerate it.
19 You know, it's -- I think It's
20 not where a person lives. I don't think that
21 where a person lives has anything to do with what
22 should happen in the City, but I think the City
23 needs to have a base or a foundation to work
24 from, and I don't think they need to go outside
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1 and start working with somebody's property out
2 there putting more traffic on the roads and not
3 taking care of it.
I
4 We don't have anybody in
5 Yorkville that can even watch or monitor a
6 landfill.
7 I think if we're going to have
8 a landfill or we're going to put the landfill
9 together to go out there, then we need to have
10 people that can monitor it and can take care of
11 it, and I think we need the other people in the a
12 room paying attention, and I'd like to hear
13 y'all's comments. I don't like to just hear an
y
14 aye or a nay or a yes.
15 Jason, I thought you were going
16 to talk a while ago and you didn't say a word.
17 You walked off.
18 MR. LESLIE: Number one, I was
19 present for the roll call. It was a motion to
20 close discussion. Number one.
21 I went to the restroom, so --
22 MR. PARISH: Then you should have
23 excused yourself and called the meeting to a
24 close until you returned because that is
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1 parliamentary procedure.
2 MR. LESLIE: You know, I don't think
i
3 so because I was here for the vote, so
4 regardless.
5 Number two, I was not
6 chastising the lady, I was cautioning her. I was
7 cautioning her. That's exactly what I felt.
I
8 All these folks, I understand
9 you are emotionally charged. You asked who is --
10 is there anyone here close to the landfill. I'm
11 the closest to the landfill. I haven't said one
12 word, I believe word one. Being the closest to
13 the landfill, I haven't said word one.
14 My caution to you was, I
15 understand you folks are charged. You're here.
16 With regard to the Planning Commission, by the
17 way, I don't sit on the Planning Commission. I
r.
18 would have been at the Planning Commission had I
19 had the opportunity.
20 I'm here generally every
E
21 Tuesday, before that Tuesday and Thursday, when
22 time permits between two businesses.
23 I take this very seriously, and
24 I assure you, it's got the utmost of my
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1 attention.
2 So if you want to hear my
3 comments and my opinions, I'm going to give them.
4 I'm going to give them tonight with my vote, and
5 that will be my opinion. I want to hear you
6 folks first.
7 MR. JAMES: I just wanted to point
8 out how the process works. We are in the public
9 hearing section right now and that's where we
10 hear from the public.
i
11 Later in the agenda there is a
12 section where we're going to talk and have a
13 vote, and at that time that's where you'll hear
14 our discussions.
15 MR. MILLIRON: Can you talk louder,
16 please?
17 MAYOR PROCHASKA: Okay. What he's
18 saying is as part of the process, this is a
19 public hearing process.
20 At this time, the main focus is
21 to take comment and questions and answers from
22 the testimony from the public.
23 At the time when these would
24 come before the Council for consideration, there
I
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1 is a time for the Council then to debate back and
2 forth their ideas and thoughts on these things,
3 and at that time there will be discussion.
4 I suspect -- I've never seen
5 this Council not have discussion when there is an
6 important issue, so there is -- there will be
7 discussion at that point, and, you know, I think
8 at this point the main thing is get information
9 from you all.
10 And with that, is there someone
11 that would like to come up and speak?
12 UNIDENTIFIED AUDIENCE MEMBER: Would
13 you explain that the vote was to close the
14 discussion?
15 MAYOR PROCHASKA: Okay. Folks, all
16 we did at that vote was simply to close that
17 portion of the public hearing, and then we voted
18 to open the next portion of the public hearing.
19 That was not a vote to do anything other than
20 that. The actual consideration will be later on
21 in the agenda.
22 And is there someone that would
23 like to now speak about this piece of property?
24 And there is a man back there, if I could let him
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1 speak first.
2 MR. PARISH: I don't want to speak
3 for you, Art, but when are y'all going to
4 actually state y'all's opinion on this? This
5 group has sat here for two days and nobody has
6 spoke up.
7 MAYOR PROCHASKA: What I am saying
8 is during the consideration time, that is the
9 time when the Council has that opportunity to
10 vote on whether they -- you know, whatever they
1
11 want to do, and there is a discussion period with
12 that, too, so there is a discussion period for
13 the Council.
14 Yes, sir, in the back. If you
i
15 want to come forward.
16 MR. MILLIRON: We don't fully
17 understand that.
18 MAYOR PROCHASKA: Yes. If there is
19 people who can't hear, there is a lot of empty
20 chairs up front. You are welcome to move
21 forward.
22 WHEREUPON:
23 GEORGE GILSON,
24 testified before the Yorkville Plan Commission as
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I
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1 follows:
2 MR. GILSON: George Gilson is my
3 name, and I heard Jason talk about wanting to
4 hear what people have to say before you cast your
5 vote, and I challenge the rest of you to do the
6 same.
7 I think it's being made clear 1
8 here, the people here do not want to see this
I
9 annexation, do not want to see that landfill, and
10 that's the underlying reason for this annexation.
11 But my question to you is how
12 can you as elected officials stand up here in
13 front of us and vote on something that you see
14 actually no support for at all to annex this land
15 in?
16 MAYOR PROCHASKA: Is that a
17 rhetorical question?
18 MR. GILSON: It's a question that
i
19 I'd like answered.
20 MAYOR PROCHASKA: Well, first of
21 all, sir, as far as the vote goes, that won't
22 happen until further on down, and we don't know
23 how anyone is going to vote at this point in
24 time.
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1 When they do that, they will
2 have the opportunity to make their feelings
3 known, and that's what we've said. This is a
�I
4 time for -- to get testimony from all the people
5 here.
6 MR. GILSON: I just want to point
7 out that you've seen and you've heard now from
8 many people standing up here and you're going to
9 hear from a lot more.
i
10 Have you heard from one person `
I
11 here that has stood up in support of this thing
12 besides Mr. Hamann's and North Star trust
13 attorney?
14 MAYOR PROCHASKA: Support of what?
15 All we're looking for is annexation, annexation
16 and zoning.
17 MR. GILSON: And I don't believe
18 there's been one person that's stood up here in
19 favor of the annexation.
20 I challenge you, Jason. Like
21 you said, you want to hear what we have to say,
22 you're going to hear what we have to say, and I
23 challenge the rest of you to do the same.
24 We don't want this annexation
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1 and we don't want the landfill, and that's the
2 only reason for this annexation.
3 (Applause)
4 MAYOR PROCHASKA: Okay. All right.
5 I'd like to move forward with this, we're still
6 on number three. And so at this time I would ask
7 if there is someone else that would like to come
8 forward and talk about this particular issue.
i
9 WHEREUPON:
10 KELLY KRAMER,
i
11 testified before the Yorkville Plan Commission as
12 follows:
13 MS. KRAMER: Kelly Kramer. I live
14 at 514 West Madison Street in Yorkville.
15 And I was wondering if the City
16 has looked into the timetable for extending the
17 sanitary sewer and water improvements to all of
18 these sites.
19 And if it's agreeable with the
20 attorney, if I could adopt that question and the
l
21 answer for the remaining public hearings, but for
22 the Sleepy Hollow vacation.
23 MAYOR PROCHASKA: Okay. I'm sorry,
24 you kind of trailed off there. You are asking
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1 about the timetable?
2 MS. KRAMER: Timetable. Has the
i
3 City given any consideration to the timetable and
I
4 what that would be for the sanitary sewer, and
5 water extension to these particular properties
6 and what the location and routing would be.
7 MAYOR PROCHASKA: Well, typically
8 it's development that determines the timing as
9 the development comes forward.
10 And I know there is a plan that
11 the sanitary district has for their sewer and
12 there is a water plan, am I correct, Travis? I
13 don't know if you can answer this a little
14 better.
15 MR. MILLER: As far as the specific
16 request for annexation tonight, the short answer
17 is no, we specifically haven't looked at each
18 individual property, but to answer your question,
19 the property that is contiguous, as far as the
20 annexation being petitioned tonight, are
21 contiguous, engineering is moving forward with
22 sanitary sewer and water services for those
23 properties.
24 The anticipated time frame for
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1 installation is 2007, with segments up and
2 running in 2007, so the best estimate at this
3 point is driven by development and demand, and
4 the best estimate at this point is we would have
5 those services, the eastern edge of these
6 annexations, by late 2007, early 2008, depending
7 on timing of development of these properties.
8 And, again, this is for
I
9 annexation of the property and zoning, not
10 development plans, so at that point we would be
11 poised then to design the infrastructure
12 necessary after the development was proposed, if
13 and when that development is proposed, for these
14 properties.
15 Does that answer your question?
16 MS. KRAMER: Yes.
17 MR. MILLER: Okay.
18 MS. KRAMER: Has this property or
19 any of the properties that are being presented
20 here tonight petitioned to the Yorkville- Bristol
21 Sanitary District for annexation at this point in
22 time?
23 MAYOR PROCHASKA: I don't believe
24 they have at this time, as far as I know, but
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1 ultimately before they would develop, if they
2 wish to be annexed into the sanitary district,
3 they would have to do that, yes.
4 MS. KRAMER: Prior to any issuance
i
5 of building permits or approval of plans?
6 MAYOR PROCHASKA: It's in the
7 annexation agreement that they would need to
8 petition.
9 MR. MILLER: You're right. It's
10 actually tied to the final plat within the
11 annexation agreements.
12 MS. KRAMER: And also has the City
13 looked at what type of funding mechanism they
14 would utilize to pay for the sanitary sewer and
15 water extensions in this particular area given
16 the fact that there is no immediate development
17 plans?
18 MR. MILLER: Not at this time,
�I
19 primarily because of that reason. The
20 development plans would speak to what the
21 intended uses would be there, and that's what we
i
22 would -- the City typically would base, what, if
I
23 any, type of funding mechanisms that are
24 established for that based on the taxes generated
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1 as to commercial use or the number of residential
2 units if it's a residential use.
3 All of the property is assigned
i
4 to a very small portion of one of the annexations
i
5 tonight, the Schanze property is all
6 non - residential, so we would be in need of
7 understanding what the commercial development
8 would be and what type of sales tax generation
9 and funding would be generated or expected to be
10 generated from those land uses before we could
11 even begin those conversations.
t
I
12 So, at this point, to answer
13 your question, it hasn't been evaluated because
14 it would be premature.
15 MS. KRAMER: And do you know if
16 pursuant to the annexation agreement these
i
17 particular properties are going to avail
I
18 themselves of any sort of police and fire
19 protection services immediately if annexed?
i
20 MR. MILLER: Yeah, the annexation
21 agreement does address that, and police and fire
22 protection would be provided by the City to those
23 properties.
24 MS. KRAMER: Upon approval of any
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1 annexation agreement?
2 MR. MILLER: That's correct.
i
3 MS. KRAMER: What about garbage
4 service? j
5 MR. MILLER: That's a good question.
6 The annexation agreement does not address that.
i
7 I believe part of the City
8 refer that to the attorney -- I believe the
9 coverage of the City would include any corporate
10 area, but I don't have the direct answer to that
11 question.
12 MS. KRAMER: And do you know if
13 these particular properties are being serviced
14 with the Kendall -- or Bristol - Kendall Fire
15 Protection District and the County of Kendall
16 right now?
17 MR. MILLER: This particular
18 property -- I'll let the petitioner speak to
19 that.
20 MR. PHILIPCHUCK: The 15 acres that
21 we're talking about, or we're trying to talk
22 about, is Bristol - Kendall.
23 MS. KRAMER: And also County of
24 Kendall Sheriff's Department?
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1 MR. PHILIPCHUCK: Kelly, you know
2 that.
3 MS. KRAMER: Well, I'd like to hear
4 an answer on the record if you don't mind.
5 MR. PHILIPCHUCK: Yes, yes.
6 MS. KRAMER: And so the only benefit
7 of this particular property at this point in time I
8 is the Yorkville Police Department serving the
9 property and garbage pickup, they wouldn't avail
10 themselves of any municipal water and sewer at
11 this point in time?
a
r
12 MR. PHILIPCHUCK: Not until it's
i
i
13 available, but we now have a critical mass out
C
r
14 there of potential development, we have more
15 property owners who are committed to the City of
16 Yorkville that can participate in funding
17 mechanisms as they are developed to be able to
18 pull the utilities out there.
19 MS. KRAMER: And as far as pulling
20 the utilities out there, would the developers
I
21 look at enacting any sort of SSA or putting any
22 type of recapture agreement on the properties?
23 MR. PHILIPCHUCK: As you know, there
24 are various funding mechanisms; it's too early to
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1 discuss those at this time.
2 MS. KRAMER: So none of the
3 petitioners that you represent have gone any
4 further than that?
5 MR. PHILIPCHUCK: Not at this time.
6 MS. KRAMER: Okay. I have nothing
7 further.
8 MAYOR PROCHASKA: Thank you.
9 Someone else? Yes, sir.
10 WHEREUPON:
11 DON KOLODZINSKI,
12 testified before the Yorkville Plan Commission as
13 follows:
14 MR. KOLODZINSKI: My name is Bob
15 Kolodzinski. I live in Yorkville. I would like
16 to address Mr. Billchuck (sic), the attorney for
l 17 North Star.
18 MS. WHITE: Philipchuck.
19 MR. KOLODZINSKI: Philipchuck. What
i
20 type of holding does North Star represent? What
21 type of businesses?
22 MR. PHILIPCHUCK: It is the trustee
23 that holds title -- to,the land trust.
24 MR. KOLODZINSKI: What type of
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1 ventures do they endeavor? 759 acres, it's got
2 to be pretty substantial.
3 MR. PHILIPCHUCK: See, the title is
4 held in the land trust under the Illinois Land
5 Trust Act.
6 MR. KOLODZINSKI: And would you
7 explain to people why things are held in trust?
8 MR. PHILIPCHUCK: Various reasons.
h
9 MR. KOLODZINSKI: Would one be
10 because you can't sue the individual?
�I
11 MR. PHILIPCHUCK: Would one be --
12 MR. KOLODZINSKI: You can't sue an
13 individual, you would have to -- because it's a
14 trust, there is not a person to go after.
15 MR. PHILIPCHUCK: It would depend on
16 the nature of what it is you are seeking to do.
17 MR. KOLODZINSKI: But is that one
i
18 of -- Could that be true? It is a yes or a no.
19 MR. PHILIPCHUCK: It's not a yes or
20 no answer.
I
21 MR. KOLODZINSKI: Okay. Let me ask
22 you another question. Yesterday you said you
23 lived in the City of Yorkville, today you said
24 you live in Naperville.
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1 Are you lying to us yesterday
I
2 or today?
3 MR. PHILIPCHUCK: Excuse me.
I �
4 MR. KOLODZINSKI: Well, when you
5 stated your name --
6 MR. PHILIPCHUCK: I stated my
7 business address.
8 MR. KOLODZINSKI: Well, that's not
9 what you were asked to do.
10 MR. PHILIPCHUCK: I wasn't asked. I
11 stated my business address.
12 When I addressed this Board, I
13 said I was an attorney --
14 MR. KOLODZINSKI: Do we have --
15 MR. PHILIPCHUCK: -- and my offices
16 are at --
� 7
17 MR. KOLODZINSKI: Do we have --
18 MAYOR PROCHASKA: All right. One at
19 a time.
20 MR. KOLODZINSKI: Do we have a
21 separate set of rules?
22 MAYOR PROCHASKA: No. You asked him
23 a question, let him answer the question.
24 MR. KOLODZINSKI: Okay. Do you live
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1 in the City of Yorkville?
2 MR. PHILIPCHUCK: I don't know what
3 that is germane to.
4 MR. KOLODZINSKI: Do you live in the
5 City of Yorkville? Because yesterday you stated
6 that you did.
7 MR. PHILIPCHUCK: Well, then if I
8 stated I did yesterday, that hasn't changed
l i
9 because I didn't move last night. 6
10 MR. KOLODZINSKI: Okay. I guess we
11 can see what we're dealing with here exactly.
12 By the way, do we have a health
13 department in Yorkville?
14 MAYOR PROCHASKA: It's a county
15 health department.
16 MR. KOLODZINSKI: It's a county
17 health department. That would be a little in
h
a
18 conflict with what's going to take place, the
19 people you identify we're going to ask to help
20 us. Okay. Next question, Jason. I'd like to --
21 You wanted to have the ability to speak here.
22 Can somebody cite me what the
23 odor ordinance was that was brought up yesterday?
24 I couldn't find it on the web site. There is
I
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1 none. So either somebody is lying to me
2 yesterday or they are going to lie to me today.
3 So if anyone on the Council
4 would recite that to me, I would love to hear it.
5 MAYOR PROCHASKA: And I believe
6 that, Travis, there is something in the zoning
7 that deals with odors.
1
8 MR. KOLODZINSKI: There is nothing
9 in the zoning.
10 MAYOR PROCHASKA: Under the
I
11 Manufacturing M -1? It's not in there?
12 Noxious -- noxious odors?
13 MR. KOLODZINSKI: Actually it was --
14 With all due respect, Mayor, it was you and the
15 Chairman who was reading somewhere that it was
16 residential or manufacturing as proved by the
17 transcript.
18 MAYOR PROCHASKA: It would be -- if
19 it was my -- well, in manufacturing, there is
20 sound and there is --
21 MR. MILLER: There is a sound --
22 MR. KOLODZINSKI: Shouldn't we know
23 that before we take a vote on these items?
24 MR. PRICE: The answer is two -fold,
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1 sir. The adopted codes in the City of Yorkville
2 do, in fact, have odor regulations in them, the
3 International Property Maintenance Code, for
4 example, and then when it comes to things like
5 the current operation on the Hamann property and
6 whether it's the County or the City or anybody
7 else that posts the landfill regulations imposed
�I
8 there at state level, they set the standards and
9 enforce them, so those standards -- in terms of
10 the particular odor, a particular question on
11 odor control in the City of Yorkville are found
12 in building codes, International Property 4
13 Maintenance adopted by the City of Yorkville, so
14 you have find the actual code. That's like
15 asking where is electrical safety in the City of
16 Yorkville --
17 MR. KOLODZINSKI: We were told there
18 is an ordinance yesterday.
19 MR. PRICE: Yes. The Illinois
20 Property Maintenance Code is the ordinance that
21 imposes the standard that then is imposed on the
22 City.
23 MR. KOLODZINSKI: Don't run away.
24 I've got a question for you as long as you are
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1 up.
2 Yesterday, from what I
3 understand, you are counsel for all the people of
4 Yorkville; is that correct?
5 MR. PRICE: Right.
i
6 MR. KOLODZINSKI: So, in essence, we
P
7 pay the bills for Yorkville, we pay your salary
8 through the City, correct?
i
9 MR. PRICE: I bill the City, that's I
10 true.
11 MR. KOLODZINSKI: Is that common
12 for -- after meeting with people that -- I guess
�I
13 you had a pretty lengthy conversation with the
14 North Star people outside yesterday after the
15 meeting adjourned.
16 Is that kind of common when you
1
17 represent us?
18 MR. PRICE: I am a Plan
19 Commissioner --
20 MR. KOLODZINSKI: Okay.
21 MR. PRICE: -- and I am a municipal
22 lawyer. That's what I do.
23 I see Mr. Philipchuck in at
24 least seven different municipalities. I have
I
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1 known John for a long time. He and I sat down,
2 for example, at the Oswegoland Park District,
3 where I represent the park district, he
4 represents a home builder, we're ironing out a
I
1 5 park issue. We have lots of things to talk
6 about, so I understand your concern about bias --
7 MR. KOLODZINSKI: We ought to be in j
I
8 your best interest then.
I
9 MR. PRICE: Can I finish?
10 MR. KOLODZINSKI: Sure.
i
11 MR. PRICE: I understand you are j
12 concerned about bias. My whole role in all of
13 this is that if the City zones this -- adopts
14 this land, takes control of the process, is to
15 find and make sure that the public has their say.
16 There are many ways for you to
l
17 be informed about what's going on and for you to
18 have your say and to find ways for you to have an
19 input to these people when they are judges and
20 can't talk to you outside of the hearing process.
21 That's my whole job, is simply
22 to navigate for a process they are not used to
23 seeing, nobody is used to seeing.
24 I am just a municipal lawyer.
l
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1 MR. KOLODZINSKI: For the record, I
2 didn't mention bias.
3 MR. PRICE: Well, that's the
d
4 implication from the question that asks why I'm
( 5 talking to Mr. Philipchuck on the way to his car,
6 which is two over from mine, so...
7 MR. KOLODZINSKI: Does anybody know
8 the ramifications of a landfill as opposed to
9 real estate value in the first year and decline
10 in the first year? Can I open that up, anybody?
11 MAYOR PROCHASKA: Well, you know,
12 can we -- This is fine, and I -- this discussion.
13 Right now we are looking at annexation and zoning
14 of a piece of property that is coming in to be
15 zoned as B -3 at the corner.
16 I mean, we're not even on that
17 particular piece of property. I mean, that will
18 be discussed. I'd like to move it through and
19 talk about the particular piece of property that
20 we are dealing with right here.
21 MR. KOLODZINSKI: Then it would be
22 my recommendation that there be no vote taken
23 until we have clarity on what that property is
24 going to include because you can't vote on
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1 something that you don't have an ordinance for,
2 you don't understand, you don't have a health
3 department, and surely you wouldn't want to throw
4 the baby out with the bath water.
5 MAYOR PROCHASKA: Okay. Thank you.
6 Is there someone else that would like to speak on
7 this piece of property? Is there -- yes, ma'am.
8 MS. GILBERT: JoAnn Gilbert. I
9 would like to ask about the odor. I'm sorry, I
10 am regressing. But once this rezoning and all
11 this takes place, the City takes over, when those
12 of us that are County call about the odor in the
r
13 City from the landfill or from the compost, will
14 you do anything when the County people call?
15 MAYOR PROCHASKA: Okay. This has
16 again nothing to do with this particular piece of
17 property --
18 MS. GILBERT: I understand.
19 MAYOR PROCHASKA: -- being annexed,
20 and the City will take all calls.
21 MS. GILBERT: See, we are nervous.
22 This is our -- These are our homes.
23 MAYOR PROCHASKA: I understand.
24 MS. GILBERT: All right.
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1 MAYOR PROCHASKA: Thank you.
2 MS. GILBERT: That's why we're all
i
3 upset.
4 MAYOR PROCHASKA: Is there anyone
5 that would like to speak on this piece of
I�
6 property and this particular annexation? Yes.
i
7 WHEREUPON:
8 CAROL SHEELEY,
9 testified before the Yorkville Plan Commission as
10 follows: h
'I
11 MS. SHEELEY: Carol Sheeley, 38
12 Acorn Lane, and most of what I know about what's
13 proposed to happen is what I read in the paper,
14 and I'm sure that's the same for a lot of us, so
15 I wonder if you could clarify something for me
16 that I saw in the local paper last Thursday, and
17 I believe the reporter was talking with you, Art,
18 referring to whether this was a speeded -up
19 process, and her question was wasn't this being
20 speeded up because Mr. Hamann had threatened to
21 take his petition to the County if his property
22 is not annexed by the end of this month.
23 Is that -- Could you confirm or
24 deny whether that's --
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1 MAYOR PROCHASKA: I don't believe I
2 was ever asked that specific question.' I was
3 asked if this is considered a speeded -up process,
4 and I did say yes, it was, but I was never asked
5 that particular question.
6 MS. SHEELEY: Just drop down a
7 couple paragraphs, right below that
8 MAYOR PROCHASKA: Okay.
9 MS. SHEELEY: -- and it indicated
10 that that was the case, and I thought your
II
11 indication was that that was true. It was in the
12 paper.
13 And I would hate to think that
14 any government body, whether it's City, County or
15 whatever, would listen to what amounts to a
16 threat. f
17 MAYOR PROCHASKA: All annexations
18 need to be taken upon their own merit, and this
19 Council will decide that for each and every
20 parcel.
21 I have full confidence in this
22 Council, regardless of how they vote, that they
23 will vote on each property based on its own
24 merit, and that's all I can tell you.
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1 MS. SHEELEY: Okay. I would ask you
2 to stall that vote and see what happens. It's
3 only four more days left in September, right? So
4 see what happens if you table it or take your
i 5 time, whether or not there was a threat.
6 MAYOR PROCHASKA: Thank you. Anyone
7 else? Yes, ma'am.
8 WHEREUPON: j
9 VERNA HALSEY,
I
10 testified before the Yorkville City Council as
i
11 follows:
12 MS. HALSEY: My name is Verna
13 Halsey. I live at 2047 Bernadette Lane in
14 unincorporated Yorkville.
15 Like most of the people
16 probably in this room, I want like to encourage
17 the Council members to vote against this as a
r
18 property, as well as all of the others for
i
19 annexation.
20 Just like everybody else in the
21 room, I don't want to see my quality of life
22 deteriorate and I don't want to see my property
23 values decline.
24 I am not anxious to see the
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1 kind of housing developments that are being
2 approved in Yorkville being approved out where we
3 expected estate zoning from the County. That was
4 what was in the plan when we moved here, and most
5 certainly would like to see that continue.
6 And I also -- Just because I
7 know it keeps coming up, I would like to say that
I
8 I think you insult the intelligence of this fine
9 rou of people when you keep telling us that
g P P P Y P g
10 this has nothing to do with the Hamann proposal
11 for a landfill. I for one --
12 (Applause)
13 MS. HALSEY: I for one don't like
14 that.
15 MAYOR PROCHASKA: Actually, ma'am, I
16 don't think I have ever said that. In fact, I've
1,
17 said that I -- and not speaking for the rest of
18 the Council -- that we are looking to get the
19 property under the City's thrown. j
20 But the purpose this evening
21 and the discussion this evening is the annexation
22 and zoning of those properties, so...
23 Is there anyone else that would
24 like to speak on this particular piece of
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1 property?
2 Ma'am, would you like to come
3 forward?
4 WHEREUPON:
5 LAURIE PATTEN,
r
6 testified before the Yorkville City Council as
7 follows:
{
8 MS. PATTEN: My name is Laurie
9 Patten, and I live in the Riverside Subdivision.
10 And you keep saying about this
11 is the rezoning or the annexation, but if we
12 don't voice our opinion now and the vote goes
13 through as yes, what recourse or any public
14 forum -- do we have any say in terms of B -3, it's
15 going to be a landfill, it's going to be anything
16 after you approve the annexation? That's why
17 we're here. So -- Do you know what I'm saying?
f
18 MAYOR PROCHASKA: I would like our
19 attorney, do you want to speak to that?
20 MR. PRICE: In terms of the zoning
21 that's being determined this evening, that's part
22 of the annexation agreement, so this is your
23 opportunity to speak on the zoning.
24 When it comes to the landfill,
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1 local zoning is preempted by the state statute,
2 so zoning doesn't matter in a broader sense and
3 in a particular sense as well.
T thin
4 here are some s about g
5 residential zoning, but those really aren't
6 applicable here.
7 Then in terms of your access to
8 the proceedings, if and when Mr. Hamann or the
I
9 Fox Moraine people file an application with 6
r
10 whoever, whether it's the County or the City,
11 whoever takes control of it, and the same goes
12 for the one down 47, the so- called Harbor
13 landfill, when that application is filed, it
14 starts an entire process.
15 There is 90 days where
16 everybody gets to examine the application and
17 then there is a serious of hearings, all of which
18 leads to a decision, and if a decision isn't
19 rendered 180 days from when it's filed, the state
20 law is that it's deemed approved.
21 So everybody, of course, wants
22 to get a shot at voting yes, no, or yes with
23 conditions. That's typically how it happens.
24 Therefore, there are public
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1 hearings that start on Day 91, and if you look at
2 the siting ordinance, I know everybody is trying
i
3 to get up to speed on the process.
4 If you go to the County's web
5 site or you go to Yorkville's web site, that's
6 one of the things that we are refining tonight on p a
G
7 the agenda anyway, that sets out a process for
8 how you can be involved, how the hearings get
9 conducted, how you submit written statements, how
10 you can contact people, because whoever is going
4
11 to hear the decision on the application, whether
12 it's the County Board or the Aldermen, the day
13 it's final they become judges, and just like you
e at church or in a
can't o and talk to a judge 14 g � g
15 supermarket or anywhere else about a case that's
16 before the judge, you can't talk to the people
17 you are used to talking to your entire lives
18 about stuff in the City, have to act as judges.
19 So Staff, among other people --
I
20 and that's sort of my job, is to give you places
21 to input to Staff and then to have input of your
22 own to be part of the process. So that's how
23 this works. You will have many opportunities for
24 a say.
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1 And then once the hearings are
2 done, there has to be a mandatory 30 -day period
I
3 where you can submit all sorts of written
4 comment, any kind of written comment, all of
5 which is then forwarded to these people before
6 they make a decision.
7 MS. PATTEN: Thanks. I just wanted
8 to address the Council up here. I don't know the
i
9 regulations for a garbage dump or landfill
P
10 between areas, if there is one here, there is one
11 50 miles down the way, and this seems to be
12 rushed through so quickly.
I
13 Is there any knowledge of
I
14 anyone up there, do you guys have any knowledge
15 of any other petitions or any other developers
16 who may be within a 30 -mile range that have
17 applied for permits for dumps or sites that are
18 outside of Yorkville?
19 I mean, is it first come, first i
20 serve, whoever gets to the finish line wins, gets
21 a permit?
22 MAYOR PROCHASKA: As far as I know,
23 at this point in time -- and I look to the County
24 people -- I don't know of any petitions that have
I
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1 been filed.
2 MS. PATTEN: So that's -- Okay. So
3 there's --
4 MAYOR PROCHASKA: Derke?
5 MR. PRICE: And to answer the
6 question first come, first serve, a need -- one
7 of the nine things is need, and everybody has to i
i
8 show that there is a need for the landfill, for
9 the capacity and all the rest.
10 But we all I think read the
4
11 newspaper article where there is a possibility of
I
i
12 three in Kendall County. And there is no limit. '
I
s
I
13 It's not first come, first serve. It's a r
14 function of whether they can show need.
15 And the idea that anybody here
16 is going to say well, I was first even by a
17 couple hours and, therefore, I can ignore what's
18 going on elsewhere, is facile. You would expect
19 better, we would expect better.
20 So the fact of the matter is is
21 that there is planning and they're serious,
22 everybody needs experts because that's who
23 usually testifies on this stuff.
24 They are going to have to
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1 account for it, will account for it, and they
2 have to convince whoever it is, the County or the
I
i
3 City, that, in fact, there still is a need for
4 whatever else is being planned there.
5 MS. PATTEN: Regarding the
6 regulations and the codes if there was to be a
7 landfill, you said that it was regulated at the
i
8 state level.
9 If it's regulated at the state i
N
10 level, other than millions of dollars to the
11 City, what benefit does it have to give the City
12 control over it?
13 MR. PRICE: That's a good question.
14 The state sets certain standards that the
15 operator has to meet. That's what I meant by the
16 state regulation. And they also pull a permit
17 from the EPA, which is conditioned upon faithful
k
18 performance of those standards.
P
19 The benefits to the County or
i
20 to the City are, first, they are the first
21 responders. That's who you are going to call
22 when there is a problem.
23 Second, in the host agreement
24 that's drafted here, we have an administrative
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1 process where immediately there is a way to get
2 action taken by the City, have a hearing, there
I
3 is money on deposit under our host agreement that
4 could be used to pay a penalty, a fine, if you
5 will, to (A), make -- let's say it's a welding
6 plant, somebody's well is bad and they think it's
7 the fault of the landfill, so they immediately
8 start providing potable water until there is a
{
9 determination. If it is, solve that, pay the
9
10 damages. Do that.
11 So local control -- Everybody
12 focuses on the money, you know, the County said
13 we'll give you $4,000,000, that's what they put
14 in the newspaper, but it's as important, it's the
15 local control that comes in the host agreement as
16 well, it's one of the things that's up for
17 discussion tonight.
18 So local control gives you two
19 things, one, these folks, or it's the County,
20 does the balancing and weighing of the evidence,
21 and then, second, once it's in place, you've got
22 to have mechanisms because you're not going to
23 call Springfield and wait for them to come up
24 here or send somebody from the Chicago office,
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1 you want immediate action, and so we try and set
2 up a framework where the people who you can trust
3 can take that immediate action.
4 MS. PATTEN: I guess if this does go
5 through, I would propose -- First of all, I would
6 vote no, but if it does go through, if there
7 could be some sort of committee or something
8 that's held accountable because listening to
it
9 these people here and their complaints about the
10 odor and the smell, it doesn't seem like there is
�j
11 anything being done, and that's just a landfill
12 over there, so let alone a garbage dump.
13 That's -- you know, I would hope that would be
14 taken into consideration.
15 Thanks.
16 MAYOR PROCHASKA: All right. Is
17 there any other discussion before we move on to
18 the next parcel?
19 (No response)
20 MAYOR PROCHASKA: I don't see any
I
21 hands. Does anybody on the Council at this time
22 or any more comments?
23 (No Response)
24 MAYOR PROCHASKA: Then I would
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1 entertain a motion to close this portion of the
2 public hearing.
3 MR. BESCO: So moved.
4 MS. BURD: Second.
5 MAYOR PROCHASKA: Moved and
6 seconded. May I have roll call, please?
7 MS. MILSCHEWSKI: Munns.
I
8 MR. MUNNS: Aye.
9 MS. MILSCHEWSKI: James.
r
10 MR. JAMES: Aye.
11 MS. MILSCHEWSKI: Wolfer.
12 MR. WOLFER: Aye.
13 MS. MILSCHEWSKI: Leslie.
14 MR. LESLIE: Aye.
15 MS. MILSCHEWSKI: Besco.
16 MR. BESCO: Aye.
� 1 4
17 MS. MILSCHEWSKI: Bock. h
r
18 MR. BOCK: Aye. f
19 MS. MILSCHEWSKI: Spears.
20 MS. SPEARS: Aye.
21 MS. MILSCHEWSKI: Burd.
22 MS. BURD: Aye.
23 MAYOR PROCHASKA: Motion is carried.
24 Next I would entertain a motion
l
1
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1 to go into public hearing for the purpose of
2 discussing PC 2006 -45, Eric and Diane Schanze,
3 petitioners, have filed an application with the
4 United City of Yorkville, Kendall County,
5 Illinois, requesting annexation of the -- to the
6 United City of Yorkville and rezoning from
7 Kendall County A -1 Agricultural District to R -3
1
8 One- Family Residence -- and one -- and R -3
9 One - Family Residence District, to United City of
10 Yorkville, M -1 Limited Manufacturing District,
11 B -3 Service Business District, and R -2 One - Family
12 Residence District, and for hearing as to the !
13 annexation agreement of the petitioner.
14 The real property consists of
15 approximately 80 acres located on Highpoint Road
16 and State Route 71 in Kendall County, Illinois.
17 And is there someone to speak?
18 MR. PICCONY: Yes.
19 MAYOR PROCHASKA: I'm sorry. Do I
20 have a motion?
21 MR. BOCK: So moved.
22 MR. JAMES: Second.
23 MAYOR PROCHASKA: Moved and
24 seconded. May I have roll call, please?
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1 MS. MILSCHEWSKI: Munns.
2 MR. MUNNS: Aye.
3 MS. MILSCHEWSKI: James.
I
4 MR. JAMES: Aye.
5 MS. MILSCHEWSKI: Wolfer.
6 MR. WOLFER: Aye.
7 MS. MILSCHEWSKI: Leslie. j
r
8 MR. LESLIE: Aye.
9 MS. MILSCHEWSKI: Besco.
10 MR. BESCO: Aye.
11 MS. MILSCHEWSKI: Bock.
I
12 MR. BOCK: Aye.
I
13 MS. MILSCHEWSKI: Spears.
14 MS. SPEARS: Aye.
15 MS. MILSCHEWSKI: Burd.
16 MS. BURD: Aye.
17 MAYOR PROCHASKA: Motion is carried.
1
18 We are in public hearing. Now, sir, if you would j
19 state your name.
I
20 WHEREUPON:
21 GARY PICCONY,
22 testified before the Yorkville City Council as
23 follows:
24 MR. PICCONY: Mr. Mayor, Council
I
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1 members, citizens, good evening. My name is Gary
2 Piccony. I am an attorney with offices at 1700
3 North Farnsworth in Aurora, Illinois.
4 I am the attorney for Eric and
�. 5 Diane Schanze in connection with this parcel that
6 we ask be annexed into the City of Yorkville and
7 that we ask for an M -1 zoning with an underlying
8 B -3 zoning.
9 This parcel is contiguous to
I
10 the preceding parcel that was subject to the II
i
11 hearing. The larger M -1, B -3 parcel consists of
12 a little over 83 acres. It's located at the
13 corner of Highpoint Road and Route 71.
14 The proposed Prairie Parkway
i
15 would pass along the westerly boundary of this
16 property, and it's also anticipated that part of
a
17 this property would be taken for an exit off the
18 Parkway onto Route 71.
19 The zonings requested is
20 consistent with your Comprehensive Plan, and we
21 believe that the M -1 -B zoning would be a
22 substantial benefit both to the City of
23 Aurora (sic) and, quite frankly, also to my
24 clients, the Schanzes. So that we ask that you
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1 annex this property into the City.
2 MAYOR PROCHASKA: Travis, do you
3 have any reports from Staff?
I
4 MR. MILLER: Just state the Plan
I I I
5 Commission did have a public hearing conducted on
6 September 25th, last night.
7 Their recommendation, seven
8 yes, zero voted against, a recommendation to --
9 in favor of the annexation. It was unanimously
10 in favor for the annexation.
11 The zoning was a vote of one
12 yes, six no, so a recommendation was not moved
13 forward for a -- for the rezoning request, that
14 rezoning request being predominantly one as
15 stated by the petitioner, and again, this was --
16 this did have an attachment to the Staff report
17 that included the zoning depiction. The majority
18 of the property, approximately 80 acres, is being
19 requested for an M -1 zoning classification and
20 underlying B -3 zoning. The northeast portion of
21 the property is requested for an R -2
22 subclassification, it's currently residentially
23 zoned, and those requests, those zoning requests,
24 are consistent with the recommendations of the
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1 Comprehensive Plan map for the area,
2 predominantly because of the location of the
3 Prairie Parkway as stated by the petitioner,
I
4 going to the property.
5 MAYOR PROCHASKA: Okay. At this
6 time I would open up the floor to anyone that M�
7 would like to come forward and give testimony on
8 this particular piece of property. Ma'am.
9 MS. GILBERT: JoAnn Gilbert, 8730
n
10 East Highpoint.
i
11 I don't understand this M, M -1
12 manufacturing. There is no manufacturing in the
13 area out there. Why would you rezone it
14 manufacturing?
15 MAYOR PROCHASKA: Travis, do you
16 want to take that?
17 MR. MILLER: To just address that,
18 the Comprehensive Plan does recommend j
i
19 office /research /industrial land use for the area
20 that's being requested for an M -1 zoning
21 classification.
22 The M -1 zoning classification
23 would allow for those land uses and permit those
24 land uses to occur, so, therefore --
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1 MS. GILBERT: Who decided M -1, the
2 City?
3 MR. MILLER: This petition was made
4 by the -- by the petitioner.
5 MS. GILBERT: Petitioners?
r.
6 MR. MILLER: But the M -1 zoning
7 classification that's being requested is
8 consistent with the recommendation of the
9 Comprehensive Plan, so the City, in preparation
10 and approval of the Comprehensive Plan,
11 recommended that as a future land use.
12 This petitioner is requesting
t
13 that as a zoning classification for the property.
k
14 MS. GILBERT: What does the
15 Comprehensive Plan think M -1 type manufacturing
16 would be?
i
17 I mean, are we going to have
18 smokestacks, too?
I
19 MR. MILLER: Typically M -1 --
20 Basically two types of manufacturing zonings in 4
21 the existing City zoning ordinance.
22 The numbers represent the
23 intensity of the permitted uses. The higher --
24 generally the higher number, the more intense the
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1 use.
2 M -1 zoning classification and
3 permitted uses listed within that include light
I
4 industrial uses, warehousing uses and light
5 manufacturing uses.
6 Those were deemed appropriate
7 by the Comprehensive Plan, again, due to the
Y
8 proximity of this land with the proposed
9 alignment of the Prairie Parkway, and the planned
10 interchange with State Route 71 and the Prairie
11 Parkway. J
12 MS. GILBERT: Why would you put M -1
13 in a residential area?
14 MR. MILLER: The Comprehensive Plan
15 shows --
16 MS. GILBERT: I'm not talking
17 comprehensive plans. We are residential out
f
18 there. There is no manufacturing.
19 MR. MILLER: The Comprehensive Plan
20 anticipates future development, and given the
i
21 interchange and proximity to a four -lane highway,
22 the proposed land use of that plan is most very
23 likely the suggested zoning classifications which
24 the petitioner is asking for, so it's based on a
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1 future alignment with a highway, which the State
2 of Illinois is moving forward with engineering
3 and will be constructing upon funding being
4 available.
5 As I stated at the public
6 hearing last night, there is a public hearing
7 scheduled in December where the state will be
8 presenting those plans in more detail, but
9 that -- the alignment that's shown at the back of j
10 the room and shown on our Comprehensive Plan, at
11 the time that was prepared, it was a preliminary {
12 alignment.
13 The engineered alignment is
14 still consistent with what's shown on that plan,
15 but the proposed alignment is slightly west of
16 the conceptual language from the map, but it does
i
- 17 still coincide with this property and makes the
18 proposed land use still appropriate.
19 MS. GILBERT: What about all the
20 pipe lines that go through that property?
21 MR. MILLER: There are some
22 underground gas lines --
23 MS. GILBERT: A lot of them.
24 MR. MILLER: That's something that's
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1 protected by easement in terms of developing on
2 top of by the utility company, and they
3 wouldn't -- any development plan proposed would
;I
4 have to stay out of those easements, so any
5 building being decided, any structures located on
6 the property would have to adhere to, be guided
7 by, the location of those pre- existing utilities,
8 unless, of course, those utility companies choose
9 to relocate those, but given the size and
10 intensity of that, that's probably not a likely
11 option, but certainly a potential.
12 MS. GILBERT: What kind of easement
13 does the pipeline have?
14 MR. MILLER: I don't know the
15 specifics of the easement. Is there a -- It's
16 generally determined by the width necessary to
17 protect in the event that the pipeline would need
18 to be repaired or replaced.
19 MS. GILBERT: And you are talking
20 about putting manufacturing out there over by the
21 pipelines? It goes right between number four and
22 number five on here.
23 MR. MILLER: Again, we are speaking
24 of 80 acres of land.
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1 MS. GILBERT: I know. And you're
2 going to squeeze a pipeline and manufacturing in
I
3 there, plus the garbage dump.
4 MAYOR PROCHASKA: Yes, sir.
5 MR. MUELLER: I have a question for
6 possibly not the Board, but -- is I understand it
7 that --
8 MR. LESLIE: State your name. l
9 MR. MUELLER: I'm sorry. Robert
10 Mueller, 581 Kelly Avenue, Yorkville.
11 At a local authority or level, i
12 we talked about jurisdiction, we talked about
13 whatever is going to be proposed, the petition on
14 this particular property, goes to a petition, and
15 if the members vote yes and vote yes for
16 commercial M -1, the petition comes to the Board
17 for whatever property that they may propose to be
18 put onto this land.
19 I was asking does the Board or
20 the City of Yorkville have the authority to adopt
21 special ordinances before any petition of land
22 would be put on, and which, for instance, I'll
23 give an example like the City of Long Beach.
24 California makes -- has a state
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1 mandated EPA, they have all requirements, but yet
2 Long Beach has superimposed some additional
3 ordinances at a local authority.
4 Would that be the true
5 statement of Yorkville if we, the City of
6 Yorkville, have the ultimate annexed land
7 control, would it be -- the Boards have the
8 authority to add some like additional ordinances
9 above and beyond the County level? I
10 MAYOR PROCHASKA: I guess the i
11 attorney would answer to that. I have my
12 thoughts, but obviously we'll let the attorney
i
13 give you his.
14 MR. PRICE: In Illinois the rule for
15 a non -Home Rule Unit like the City of Yorkville
16 and a non -Home Rule Unit like the County of
17 Kendall is that we only have the powers the state
18 gives us.
i
19 If you remember 8th grade
20 civics, the federal government only has what the
21 Constitution gives them, everything else is the
22 state's.
23 MR. MUELLER: Right.
24 MR. PRICE: The states turned around
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136
1 to the counties or municipalities and said we
2 have everything and you only have what we dribble
3 out to you.
4 They have not given us the
5 powers to super- regulate pollution control
6 facilities. They have set certain standards.
7 To the extent that we want to
8 gain more standards to do that, that's some of
i
9 the stuff we have tucked into the host agreement
10 where we feel we are empowered to do that, but
11 the fact of the matter is the Environmental
12 Protection Agency of the State of Illinois has
I
13 said we are going to regulate the set of 9
14 standards for this, that's what you have got to
15 meet and prove and show, and that's what you have
16 to obey or we're going to yank your permit, so --
C 17 MR. MUELLER: Besides the fact of --
18 I should have not used the word EPA. Let's use
19 the example of there is a county regulation that
20 requires, for instance, no buildings or permanent
21 structure shall be ten foot from an electrical
22 utility underground; however, the City of
23 Yorkville could dictate that it must be 40 foot.
24 Is that a special ordinance?
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1 MR. PRICE: Well, our building codes
2 would apply to the structures that they build --
3 MR. MUELLER: Correct.
4 MR. PRICE: -- so that all would be
5 part of the deal.
i
6 In terms of adding to that kind
7 of thing, yeah, annexation agreements can contain j
8 those terms. Annexation agreements can have
1
9 anything in them. j
10 MR. MUELLER: Right. That's what
11 I'm saying. The annexation agreement -- I am not
12 that familiar with the Comprehensive Plan in
13 detail.
p
14 I was asking the question are
15 there any additional provisions or local
16 authority enhancements that we have versus the
17 County.
18 MR. PRICE: No.
19 MR. MUELLER: Thank you.
i
20 MAYOR PROCHASKA: And to your
21 question, I think you'd have to look at specific
22 ordinances and specific items to see which ones
23 you are talking about because --
24 MR. PRICE: Yeah. I remember --
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1 just taking the power question. We don't have
2 more power than the County.
3 MAYOR PROCHASKA: No, we don't have
4 more power. I think it's whatever the state
5 tells us we each have jurisdiction over.
6 MR. PRICE: Right. The one thing we
I
7 do have is an annexation agreement, which can set
8 certain terms of annexation, because that's -- we
9 don't have that and, you know, they don't have to
u
10 come to us, considered arm's length, so we have
11 that advantage over the County, but in terms of
i
12 the power to do things, we are in the same boat
13 as the County.
14 MR. MUELLER: I was trying to say
15 that advantage.
16 MAYOR PROCHASKA: Thank you. Is
C
17 there someone else? Yes, ma'am. Please come
t ,
18 forward.
19 WHEREUPON:
20 MARY CARLSON,
21 testified before the Yorkville City Council as
22 follows:
23 MS. CARLSON: Hi. Mary Carlson, 511
i
24 Highpoint.
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1 We just moved to Yorkville two
2 months ago. This is almost surreal. I cannot
f
3 believe my husband and I are in a situation
4 coming from LaGrange, Countryside to this
5 beautiful town of Yorkville.
6 Yesterday the attorney, as I
7 was stating my concern, told me that that was my
8 realtor's fault for putting me in Yorkville.
9 This is what comments are being
10 made to people that are living in Yorkville as a
11 community that they want to live in. p '
12 My husband is at the door. We
13 are prepared to put our house up for sale
I
14 tomorrow. You are going to lose residents.
15 Question to the Board -- and I
16 want an answer -- what are your plans? Are you
17 looking for commercial or are you looking for
18 residents? Question. Anybody?
19 MAYOR PROCHASKA: Would anybody else
i
20 like it? I can answer.
21 MS. CARLSON: Please.
22 MAYOR PROCHASKA: We look for a
23 balance of both. As far as residential, one of
24 the things that we have been -- have talked about
i
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1 in this community by the people who live here is
2 that it seems like the balance has been the other
3 way, we have an overly large balance of
4 residential coming in and not as much of the
5 commercial balance, and there has been a decision
6 to look -- or a request to look for commercial --
7 MS. CARLSON: Okay.
8 MAYOR PROCHASKA: -- to balance out
9 things for the schools and such, and by doing
10 that -- it
11 MS. CARLSON: We are re --
12 MAYOR PROCHASKA: -- you look at the
13 Comprehensive Plan.
14 MS. CARLSON: Okay. We are retired.
15 We bring no problems to your school district.
16 People that are coming -- we are with our
17 neighbor, who also moved here three months ago.
18 They are retired.
19 You are drawing retired people
20 that are not going to stress your school
21 district.
22 We're not -- What you are going
23 to be bringing to your community are a class of
24 people that are not what you want to pay your
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1 taxes. That's what I'm trying to tell you.
2 Is this what you want?
i
3 Because, believe me, even the dream of a landfill
4 is driving people away.
1
5 I am talking people that work
I
6 in Burr Ridge. They are aware of what is
i
7 happening in your little town. It's -- It's p
8 unbelievable.
9 MAYOR PROCHASKA: Okay. Understand
10 that that petition can be done whether or not the
11 annexations go through.
12 MS. CARLSON: Okay. I am going to
13 address that also. Okay.
t
14 The attorney is telling us we
15 don't want the State of Illinois involved, yet
16 every comment that he has made is that the State
17 of Illinois will be controlling every issue
1
18 that's being drawn to you. They are going to
19 control our odor.
20 Why don't we want them
21 involved? Why do we not want this to go to the
22 State of Illinois?
23 MAYOR PROCHASKA: The State of
24 Illinois regulates it regardless of whether it's
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1 in the County or the City. That -- You are
2 confusing the City and the County.
i
3 MS. CARLSON: Okay.
4 MAYOR PROCHASKA: All right. As far
5 as that goes. And, again, an application can be
6 made to the County or to the City, either one.
7 MS. CARLSON: Okay. Did he not
8 state that we do not want -- we don't want the
9 rigmarole of the State of Illinois-messing with
R
d
10 us. Was that not his comment?
11 MAYOR PROCHASKA: Derke?
12 MR. PRICE: No, ma'am. You are
13 misstating. That's not my comment.
14 MS. CARLSON: Okay.
15 MR. PRICE: My comment is if you
16 want to exercise local control, the County wants
17 to do it, they have to run a fair process. If we
18 want to do it, the City has to run a fair
19 process, and, if you don't, then the State of
20 Illinois takes it away from you and they impose
21 it without possibly the conditions.
22 I think the County would agree
23 the most frequent way these things get approved
24 is approved with conditions.
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1 But if you don't run a fair
2 process, they can go challenge the conditions and
3 get a landfill and also none of the benefit. j
4 The host benefit agreement that
5 includes the fees and other sorts of agreements
i
I
6 about traffic and all the rest goes away if it's
7 not a fair process.
8 So if you want to have a real
I
9 voice and say whether it's the County or the
10 City, you need to run a fair process, and you
11 need to do it in a way that's reasonable, even if
12 it's saying no.
13 If you want your no vote to f
14 mean something, it has to be done in a fair way;
15 otherwise they can go to the State and the State
16 says we'll take it out of your hands. That's
(
17 what I mean about local control.
18 Standards are set by the State
19 of Illinois and we try to supplement those as
20 much as possible.
21 But in terms of local control,
22 the best way to get local control is through the
23 host condition -- the host agreements and, for
24 example, Kendall County mandates that you impose
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1 conditions, you get those, and you run a fair
2 process so that whatever you decide, whether it's
3 no or with conditions or yes, actually has
4 meaning and is bulletproof from being changed by I
5 people in Springfield. I
k
6 You are complaining about
7 people on the -- I've heard complaints tonight
8 about people in the City of Yorkville are too far
9 away from you folks in rural Kendall.
10 Do you really want people down
E
11 in Springfield --
12 MS. CARLSON: I am in the City of
13 Yorkville. I am a resident of Yorkville. I
14 don't know what's worse, not being or being one.
15 I really don't. I mean, we are so new here, I
16 don't know what's worse, that they don't have any
17 say or that I didn't get to vote for you people.
18 I mean, truly. We are all in the same boat. I
19 just -- I really need to hear.
20 So you are telling me as a
21 resident, you are really more -- you are going to
22 invite more commercial than you are going to make
23 it nice for people to retire in Yorkville?
24 MAYOR PROCHASKA: No, I'm not saying
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1 that.
2 MS. CARLSON: Okay.' What -- where
3 are we going? Truly, I am brand new. What do
4 you foresee in the next five years?
5 MAYOR PROCHASKA: There's going to
i
6 be -- hopefully a balance of both. We've seen
i
7 both residential growth and commercial growth in
,
8 the City of Yorkville, so we've seen both of
9 those things happening.
10 And, again, as we go through
11 this particular process, this is annexation and {
12 zoning for properties into the City, bring them
13 under the control of the City, and if that i
I
14 happens, then any petition for any development of
15 any kind on any of these properties will come
16 before the City of Yorkville.
17 And I would -- I would
18 challenge you that you moved here because I think
19 this Council has done a good job of looking at
20 balancing how things have happened, and this --
21 and these properties would be just an extension,
22 just as other communities over the years have
23 grown.
24 I mean, if you want to go back
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1 180 years ago, there was a little village on the
2 waters of Lake Michigan and that area has grown
3 for the last 180 years and it's out here now, and
4 whether, you know, we all like it or not, growth
I �
i 5 and development has come out to this part of the
i
6 region, and we are looking to deal with that.
7 So to me it's a different
8 issue. I mean, that's what happened.
Q
9 MS. CARLSON: Okay. When was the f
10 last time there was an annexation of this size in
11 Yorkville?
12 MS. BURD: I think that we just
13 annexed six subdivisions a month or two ago and
14 nobody paid any attention basically. That was a
15 very large annexation that came through. Isn't
16 that correct?
17 And so this is actually a
18 smaller annexation compared to what we just did a
19 month ago.
20 MS. CARLSON: And that took how long
21 to annex? I mean, from the time --
22 MS. BURD: A year I think. I was
i
23 told a year.
24 MS. CARLSON: Okay. So from the
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1 time the citizens heard that you were thinking
2 about it, it took a whole year to get them here.
3 MS. BURD: That's right.
4 MS. CARLSON: Now I am hearing 19
5 days? I don't understand that. And then I am
6 done. I truly am done. You are going to lose
7 four couples.
8 MAYOR PROCHASKA: The answer to that
9 is that in that particular case, they were all
10 residential developments --
11 MS. CARLSON: Okay.
12 MAYOR PROCHASKA: -- of which there
13 was a big concern of the people of residential
14 development, and they were being platted and
15 PUD'd and different agreements all had to be put
16 together.
17 It was not a simple annexation
18 and zoning, as we are looking at these. There
19 were other conditions that were put in to further
20 along the idea that these were developments that
21 were going to add residents to the City, and they
22 actually had plats and preliminary plans and
23 concept plans for development. It was a
I
i
24 different situation.
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i
1 MS. CARLSON: So it's easier to
2 annex to Yorkville without any idea what you're
3 going to do rather than try to come to Yorkville
4 with an absolute plan of what you're going to do
5 in this town, is what you're telling me?
li
6 MAYOR PROCHASKA: Not always.
7 Sometimes.
8 MS. CARLSON: Well, but I mean, is
9 that not what you just said?
10 MAYOR PROCHASKA: It can be.
11 MS. CARLSON: If you have everything
12 planned, it's going to take a year. If you don't
13 have any idea -- I just want to come to -- I want
14 to be part of Yorkville, it just takes 19 days?
15 MAYOR PROCHASKA: It can be and it
16 may not be.
1 �
17 MS. CARLSON: Okay. That's all the
18 I need. Thank you.
19 MAYOR PROCHASKA: Okay. Is there
20 anyone else that would like to speak on this
21 piece of property? Sir in the back?
22 WHEREUPON:
23 WARREN ROGERS,
24 testified before the Yorkville City Council as
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i
i
1 follows:
2 MR. ROGERS: My name is Warren
i
i
3 Rogers. I own the land adjacent to the east side
4 of this subject property.
5 As I understand it, if the
6 zoning requested by the petitioner is approved,
7 it applies to the entire property.
8 I believe my property and the
9 land further east is planned for residential, so
10 I object to the M -1 and B -3 zoning request.
11 Thank you.
a
12 MAYOR PROCHASKA: Thank you. Right
13 here, sir.
14 WHEREUPON:
15 JEFF LOAN,
16 testified before the Yorkville City Council as
17 follows:
18 MR. COAN: Jeff Coan, 65 Cotswold
19 Drive.
20 I, too, would also object to
21 the M -1 zoning. This is a residential
22 neighborhood right now and, as far as I know, the
23 funding has not passed for the Prairie Parkway.
24 There is no need to change the zoning yet.
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1 If the Prairie Parkway does get
2 approved, then you can come back and change it.
3 There is no need for M -1 in this area right now.
4 MAYOR PROCHASKA: Okay. Thank you.
5 (Applause)
6 MAYOR PROCHASKA: Is there someone
7 else that would like to -- gentleman in the back
8 here.
9 MR. BANKS: My name is Paul Banks.
10 I live at 8190 West Highpoint Road right across
11 from the manufacturing -- proposed manufacturing.
12 I'll be looking out of my front
13 window seeing that every day. Would you like to
14 do that?
15 Thank you.
16 MAYOR PROCHASKA: Miss Kramer.
17 MS. KRAMER: I was just wondering, I
18 never got an answer on adopting my questions and
19 the answers to all the public hearings.
20 MAYOR PROCHASKA: Can you come up
21 and speak so I can hear you? You are fading off
P Y g
22 there.
23 MS. KRAMER: I apologize. I was
24 wondering if I could adopt my questions and
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1 answers on the last public hearing to each and
2 every one so I don't have to go through and ask
3 them for each and every petitioner. Did
4 Mr. ticcony hear them?
5 MAYOR PROCHASKA: Yes. Travis, do
6 you -- Do you want to respond if they would be
7 the same answers?
8 MR. MILLER: They would be the same,
9 yes.
10 MS. KRAMER: Same? So there is no
i
11 objection?
12 MAYOR PROCHASKA: Right.
13 MS. KRAMER: Thank you.
14 MAYOR PROCHASKA: Anyone else? Sir?
15 MR. DIETER: Jerry Dieter, rural
16 Yorkville.
17 This 80 acres that we're
G
18 talking about, is there any kind of plan on which
19 part of it is going to be M -1 and which part of
20 it is B -3? Is it all 80 acres?
21 MAYOR PROCHASKA: The way that the
22 petition is read is that they are asking for the
23 M -1 with a B -3 overlay, which definitely includes
24 the entire property. It would have that zoning,
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1 correct?
2 MR. DIETER: Does the County do this
3 normally, where they annex property without any
4 concept plan? Have they done it before?
5 MAYOR PROCHASKA: Has the City?
6 MR. DIETER: The City, yes.
7 MAYOR PROCHASKA: Yes, we have.
8 MR. DIETER: 80 acres?
9 MAYOR PROCHASKA: There's -- Yes.
10 MR. DIETER: Because as far as I
11 know, there is no plan for this land.
I
12 MAYOR PROCHASKA: Based on the
13 Comprehensive Plan and the proposed use of the
14 property, again, that's a very important issue as
15 to whether it is falling within the Comprehensive
16 Plan, too, so -- and it is in this particular
17 case.
18 MR. DIETER: The Prairie Parkway is
19 in that plan also, but we are talking six to ten
20 years away at least. That's why it kind of seems
21 premature to put this into effect after 20 days.
22 MAYOR PROCHASKA: Well, I would --
23 MR. DIETER: Let's hear it.
24 MAYOR PROCHASKA: Well, I would
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1 suggest that from some of the discussion I've had
2 right here, that having that zoned, annexed and
3 zoned, and knowing what it is for anyone else
4 coming in is going to know what it is. I mean,
5 that's been the argument, as to -- about the
6 Comprehensive Plan. We have a plan for what that
7 property is going to be used for.
8 MR. DIETER: Does this plan take
9 into effect comments from people of the City of
10 Yorkville or the neighbors of the property?
11 Because I'd just like to say I
12 haven't heard any positives from anybody in the
i
13 City or rural, just a lot of negatives.
14 MAYOR PROCHASKA: Thank you.
15 Someone else?
16 (No response)
17 MAYOR PROCHASKA: Any further
18 comment from the Council before we go on to the
19 next property?
20 (No response)
21 MAYOR PROCHASKA: I would entertain
22 a motion to close this public hearing.
23 MR. BESCO: So moved.
24 MS. BURD: Second.
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1 MAYOR PROCHASKA: Moved and
2 seconded. May I have roll call, please?
3 MS. MILSCHEWSKI: James.
4 MR. JAMES: Aye.
5 MS. MILSCHEWSKI: Wolfer.
6 MR. WOLFER: Aye.
7 MS. MILSCHEWSKI: Leslie.
8 MR. LESLIE: Aye.
N
9 MS. MILSCHEWSKI: Besco.
10 MR. BESCO: Aye.
11 MS. MILSCHEWSKI: Bock.
12 MR. BOCK: Aye.
13 MS. MILSCHEWSKI: Spears.
I
i
14 MS. SPEARS: Aye. i
15 MS. MILSCHEWSKI: Burd.
16 MS. BURD: Aye.
17 MS. MILSCHEWSKI: Munns.
18 MR. MUNNS: Aye.
19 MAYOR PROCHASKA: Motion is carried.
20 We are now -- I would entertain a motion to go
21 into public hearing for the purpose of discussing
22 PC 2006 -67, North Star Trust Company u/t dated
23 August 8, 2006, No. 06 -9993, petitioner, has
24 filed an application with the United City of
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1 Yorkville, Kendall County, Illinois, requesting
2 annexation to the United City of Yorkville and
3 rezoning from Kendall County A -1 to the United
4 City of Yorkville A -1 Agricultural District and
5 for the hearing as to the annexation agreement of h
6 the petitioner. u
7 The real property consists of
8 approximately 759.7 acres located south of
9 Route 71, east and west of Sleepy Hollow Road, in
10 Kendall County, Illinois.
I�
11 MR. BESCO: So moved.
12 MR. JAMES: Second.
i
13 MAYOR PROCHASKA: Moved and
V
p
P
14 seconded. May I have roll call, please?
15 MS. MILSCHEWSKI: James.
16 MR. JAMES: Aye.
17 MS. MILSCHEWSKI: Wolfer.
18 MR. WOLFER: Aye.
19 MS. MILSCHEWSKI: Leslie.
20 (No Response)
21 MS. MILSCHEWSKI: Besco.
22 MR. BESCO: Aye.
23 MS. MILSCHEWSKI: Bock.
24 MR. BOCK: Aye.
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1 MS. MILSCHEWSKI: Spears.
2 MS. SPEARS: Aye.
3 MS. MILSCHEWSKI: Burd.
4 MS. BURD: Aye.
5 MS. MILSCHEWSKI: Munns.
I
6 MR. MUNNS: Aye.
7 MAYOR PROCHASKA: Motion is carried.
8 We are now in public hearing. Mr. Philipchuck?
9 MR. PHILIPCHUCK: For the record, my
10 name is John Philipchuck. I am an attorney with
11 offices at 123 Water Street, Naperville, j
12 Illinois, here this evening representing North i
13 Star Trust Company, Trust Number 06 -9993.
14 As was pointed out in the
15 reading by the Mayor, the property consists of
16 approximately 760 acres. It lies immediately to
-� 17 the west of the Schanze property that -- the
18 prior property that you just had a hearing on.
19 It has a frontage of approximately two miles
3
20 along Route 71, and the property runs from
21 Route 71 on the north to Walker Road on the
22 south.
23 The applicant is requesting
24 that you enter into an annexation agreement for
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1 the property, that it be left in the A -1 Ag
2 District upon annexation with the City.
3 It currently has A -1 zoning in
r
t
4 the County, and we would be annexing it with A -1
k
5 in the City.
I CI
6 This particular parcel is
I!
7 slated at the Prairie Parkway interchange and
I
8 interchange on Route 71, would encompass this
9 property. 9
10 We see a variety of future uses
11 for the land but right now we don't have a
A
12 potential use and so we want to continue the
13 operation that Mr. Hamann has operated on this
14 land for a number of years. '
15 It is not a compost site. It
16 is a lawn waste recycling where leaves, grass,
17 sticks, and sometimes plastic, because people
18 can't follow rules and it ends up in the brown
19 bags and ends up on the land, and they have crews
20 out there that have to pick it up.
21 It's not the fault of
22 Mr. Hamann; it's the fault of us as citizens
23 because we seem to have some in our midst that
24 can't follow the rules. But be that as it may,
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1 that's what happens.
2 The composting idea is not
3 what's coming for that piece of property. It's
4 obviously a farming area. The material that
5 comes in is ground up, it's land applied, and
6 it's plowed back into the ground.
7 The fields are rotated, where
8 one year where it's being worked back into the
9 soil, it's allowed to enrich the soil, and then
10 the rest of the property is planted, and then
11 these -- they rotate the crops every year. j
12 That is what has'been out in
13 that particular area. It's obviously in a
14 farming area. There are all kinds of smells in a
15 farming area.
16 Some farmers maintain livestock
i
17 on their farms, and we don't see as much
18 livestock today as we did in the past, but that
i
19 doesn't prevent any of the farmers out there from
i
20 getting involved in livestock, whether they bring
21 them in on consignment for hogs or if they want
22 to raise horses or whatever it might be, so -- I
23 mean, when you live out in an area that's
24 farming, you are going to get farm smells.
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1 And as far as a piece of ground
2 that is situated for future economic development
3 of the City, this is certainly one.
4 Obviously the high power lines
of Commonwealth Edison r h the middle of
5 n through run
I
6 this property. They have a 400 -foot wide strip
7 of land with the erector style towers out there
I
8 that carry the electrical transmission, and so
'I
9 that kind of sets a tone for the future of the
10 property, and I'm sure as we move forward with
j
11 the City there will be some recognition that this
I
12 land, too, may have some M -1 uses that could be
13 brought here.
i
14 That means jobs for the
15 community. Everybody complains about the
16 traffic, but half the people have to drive east
17 to get a job.
18 If we can have our community
19 develop such that we're actually creating jobs
20 here in our community, that cuts down on the
21 amount of time that people have to spend driving
22 down the road to get to their employment.
23 So this particular parcel of
24 property, with the frontage that it has on 71,
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1 with the location of the future Prairie Parkway,
2 it certainly lends itself to some of the
3 discussion that has been brought forth tonight,
4 and that is, if there's going to be -- if there's
5 going to be a proposal to introduce an
6 application, whether it's with the County or the
7 City of Yorkville, for a landfill, this is the
�I
8 best piece of property in the whole Kendall d
I
9 County from a geological perspective for a
10 landfill.
11 It has what it takes to protect
12 the public health, safety and welfare because of
13 the soil conditions and the geological formations
14 that are on this particular property. It makes
15 sense.
16 There are not parcels like this
17 just everywhere in the county. I think you are
18 being very responsible in looking at this.
19 MAYOR PROCHASKA: Mr. Philipchuck,
20 at this time you are going for annexation and
21 agricultural?
22 MR. PHILIPCHUCK: Yes. Yes, we are.
23 That is correct. I said if an application,
24 because what I wanted to point out is the fact
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I that it is a piece of property that is certainly
2 suitable from an environmental standpoint for
3 public safety.
4 MR. PRICE: John, I am going to ask
f
5 you to stop. We asked Mr. Blazer to stop
i
6 yesterday.
7 MR. MILLIRON: Let him talk.
s
8 MR. PRICE: No, I'm not going to let
9 him talk and I'll tell you why. Because we can't
I'
10 prejudge the facts of the law. As soon as we do
11 that, then nobody is going to make a decision,
I �
12 not the County, not these people, nobody.
13 So that's why he doesn't get to
14 talk about it and that's why I didn't let
15 Mr. Blazer talk about it yesterday.
16 Nobody gets to talk about
17 particular facts and particular criteria. It's
18 not worth it.
19 You guys want to have a real
20 say and a real decision by people who respond to
21 you? Then we don't talk about it. We do a fair
22 process.
23 If I'm overly cautious, then
24 the worst that happens is you all have to say
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1 this again at a big public hearing where it's
2 done right, but if I'm right and we go ahead and
E
3 we say these things, everybody loses control
i
I
4 here, and that's the worst possible solution,
5 that neither the County nor these people know
i
6 anybody who takes control in whatever outcome
4
7 happens with the County and the City.
8 You want to have local control,
9 we've got to follow the rules and not prejudge
10 anything right now.
11 This is about the general
12 process. I'm sure Mr. Blazer will talk about it.
13 But we're not going to talk about particulars. I
14 told him he couldn't do it, it's only fair to
15 rule this out of order, too.
16 MAYOR PROCHASKA: We have a Staff
17 report?
18 MR. MILLER: The Comprehensive Plan
19 recommendation, Future Land Use Plan, recommended
20 for this property only includes the eastern
21 portion of this property. This is right at the
22 edge of the future boundary of the planning
23 area -- I should say of the current Comprehensive
24 Plan.
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1 The recommended uses for the
2 area include a mixture of industrial,
3 transition -- radiating from that, transitional f'
4 neighborhood, and finally as estate neighborhood
5 as part of the 760 acres.
6 The land use pattern is based
7 on again, the Prairie Parkway alignment as stated
8 by the petitioner. A future intersection of that
i
9 alignment with Route 71 falls in proximity to
10 this property.
I
11 The request for A -1 zoning on
12 the property is appropriate zoning to allow the
13 continuation of the existing use of the property.
14 At the time a development plan
15 is presented for the property is when the zoning
16 classification will need to be evaluated based on
17 that proposed plan; the point being from Staff is
18 that A -1 is not consistent with the Comprehensive
19 Plan, but is consistent with the current uses E
f
20 being effected on the property, and understanding
21 the driving force of the Comprehensive Plan is
22 the planned Prairie Parkway, as stated earlier at
23 the said public hearing.
24 The timing of that even though
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1 anticipated in 2012 is not a guarantee at this
2 point.
3 Those are my comments on the
i
4 Staff report.
5 MAYOR PROCHASKA: Okay. Mr. Blazer.
6 You might as well go.
7 WHEREUPON:
8 MICHAEL S. BLAZER,
9 testified before the Yorkville City Council as
10 follows:
11 MR. BLAZER: Good evening. Members
12 of the City Council, Mr. Mayor, my name is
13 Michael Blazer. I am with the law firm of Jeep &
14 Blazer, LLC.
15 We are special counsel to
16 the -- to Kendall County. We were retained last
17 September to advise the County and assist it with
18 the obvious pending landfill situation in this
19 county.
20 I first want to tell you that
21 I'm not here to attack any of you. I am not here
22 to blame any of you for anything. I'm not here
23 to question your ethics or your motives.
24 I'm here to talk about the
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1 facts, I'm here to talk about reality, and I'm
2 here ultimately to plead to your better natures.
3 Now, I have reserved my
f
4 comments until this particular application
5 because of its obvious relationship to the
6 pending host agreement that's also on your agenda
i
7 for tonight which identifies this property as the j
!j
8 site for the proposed landfill.
I�
9 Now, first, as I think you all
10 know, Mr. Price and I know each other fairly
11 well. We have been active opponents on more than �I
i
12 one occasion. I dare say we probably will be
13 again.
14 I rarely find myself agreeing
15 with him, but I do agree with two things he said
16 tonight.
17 Number one, I do agree with him
18 that Mr. Philipchuck's comments were completely
19 out of order and he should have known better
20 because it's right, you don't want to shape the
21 process and you just ran the risk of doing that.
22 With that being said, I'll get
23 to the second thing that I agree with shortly. I
24 doubt I'll think of a third.
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1 Mr. Price pointed out that
2 yesterday he had requested that I not address any
3 specific siting criteria, and I won't do that. I
4 will -- I will agree with him. I will accede to
5 his request.
6 The first thing I want to do is
7 read into this record a redacted version of a
I
8 letter that State's Attorney Barnhart submitted
I
9 to the City, to the City Clerk, last week.
10 I read some more portions than
i
11 I will tonight into the record yesterday, he's
12 asked me to cut some of it back, and I will agree
I
13 with his request.
14 I don't know if you all have
15 seen it. If you want to see the complete copy,
16 it was submitted I believe last Wednesday to the
17 City Clerk.
18 "These comments are submitted
19 by my office on behalf of Kendall County
i
20 concerning the above referenced annexation
21 request and the property legally described
22 therein, the subject property.
23 Kendall County and Fox Moraine,
24 LLC, through their attorneys, have been engaging
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1 exploratory discussions concerning a host
2 community agreement."
3 And, as I think you all know,
p
4 the attorneys that State's Attorney Barnhart is
5 referring to on behalf of the County are myself
6 and my partner, Mr. Jeep. f'
7 "This is in connection with a J
8 possible application to the County Board for
9 siting approval to locate a landfill on the
10 subject property. A request for siting approval
I I
11 to locate a landfill is governed by Section 39.2
12 of the Illinois Environmental Protection Act, and
13 the Kendall County Site Approval Ordinance for
14 Pollution Control Facilities, Ordinance number
15 06 -16.
16 Section 39.2 of the Act
17 establishes the criteria to be considered by the
i
18 County Board or governing body of a municipality, r
'i
19 making a determination with respect to an
20 application for local siting approval for a
21 landfill or other pollution control facility."
22 And we enclosed a copy of that
23 statute with the letter for your reference in
24 case you wanted to read it.
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1 I am now skipping a portion
2 that Mr. Price asked me to skip.
3 "On May 16, 2006, the County
4 provided the Kendall County Solid Waste
=1
5 Management Plan to Fox Moraine."
6 And for those of you who don't
7 know, Fox Moraine is the former name of
I
8 Mr. Hamann's entity. That name was recently
9 changed to Kendall Highlands, LLC.
10 "A copy of the County's
11 correspondence to the attorney for Fox Moraine,
12 with the County's Solid Waste Management Plan, is
13 attached as Exhibit B to the letter."
14 I'm not holding it here, but
15 the City Clerk does have it.
16 "The Kendall County Solid Waste
17 Management Plan provides that landfills may only
18 be located in the unincorporated areas of the
19 County. Please refer to Appendix B to the
20 plan -- excuse me, Appendix E to the plan, a
21 resolution concerning the Kendall County Solid
22 Waste Management Plan, number 06 -11, dated May 4,
23 2006, and the repeated statements throughout the
24 plan that landfills may only be located in the
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1 unincorporated areas of the County.
2 The County only learned of the
3 annexation request through the public notice
4 published in the Kendall County Record.
I
5 We have also been advised that {
6 upon annexation Fox Moraine intends to apply to
7 the Yorkville City Council for site approval for
I
8 a landfill on the subject property."
9 Again, I am skipping about
10 three lines that Mr. Price asked me to skip.
11 "In the event Fox Moraine
12 nevertheless" -- you'll have to figure out for
13 yourself what the nevertheless derives from --
14 "elects to proceed forward with the siting
15 application to the Yorkville City Council,
16 Kendall County will participate as a party in the
17 siting hearings. In the event the siting
18 application is granted, the County will appeal
19 such a decision to the Illinois Pollution Control
20 Board.
21 Please understand" -- and I
22 really want to stress this -- "Please understand
23 that we do not view this as a dispute between
24 Kendall County and Yorkville.
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1 The County thought it
2 important, however, to set out its position on
3 this matter so as to avoid any future
4 misunderstandings. p
5 The County will send a
e
6 representative to the public hearings scheduled
7 for Monday" -- yesterday -- "in the City Council
I
8 chambers. In the meantime, please do not
9 hesitate to call if you have any questions."
10 I have been authorized to
11 advise you that it is obviously the official
12 position of the Kendall County State's Attorney
13 and of the Kendall County Board -- it is the
I
14 official position of the State's Attorney now, it
15 will be the position of the Kendall County
16 State's Attorney next week, next month, and next
17 year to quell any rumors that may be floating
18 around this community, that position will not
i
19 change.
20 With that being said, I think
21 what I really want to focus on more than the
22 process -- because Mr. Price has described it
23 adequately, it is a complex process -- I want to
24 talk more about the facts.
I
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1 How did we get here? How did
2 we get to the point where attorneys for the
3 County, the State's Attorney for the County, is
4 threatening to become involved in opposition to f'
i
5 your city? How did that happen?
6 On March 8th, of this year, my
7 firm, my partner and I, had our first meeting
8 with representatives of Fox Moraine at our
9 office.
10 Obviously there had been a lot
11 of rumors before that time, there had been
12 articles in the newspapers, there had been public
13 statements by individuals associated with Fox
i
14 Moraine, including Mr. Hamann, but that day,
15 March 8th, was the first time we were actually
16 physically approached by anyone to suggest
f �
17 beginning the process of negotiating a host
18 agreement leading to the process of potentially
19 commencing a siting hearing for a landfill in the
20 property we are speaking of.
21 We then began some exploratory
22 discussions at that time, and one of the critical
23 things that we told those folks that we wanted to
24 see in advance was a traffic plan. The meetings
i
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1 lasted maybe two or three hours.
2 The question then arises, what
3 did we do after that? Did we ignore Yorkville?
4 We did not. We immediately called the State's
5 Attorney and asked her to schedule a meeting with
6 your representatives.
7 And on March 15 that meeting
8 took place, myself, my partner, State's Attorney
9 Barnhart, the County Board Chairman, John Church,
10 your Mayor, your City Attorney and your City
11 Administrator.
I
12 And what we talked about at
i
13 that meeting was cooperation and joint
14 participation because we recognized -- it's
15 readily apparent to anyone with eyes and ears
16 that this facility, if sited, could have a
I
17 significant impact on traffic in this area.
1
18 So what we advised your Mayor
19 was that we wanted to cooperate with you. We
20 wanted to include the City in the process.
21 And I know, Mr. Mayor, you are
22 shaking your head, but, frankly, that is what
23 happened.
24 MAYOR PROCHASKA: No.
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1 MR. BLAZER: That is what we
2 discussed.
i
3 MAYOR PROCHASKA: You make your
4 statement.
Al
i
5 MR. BLAZER: We wanted to include
'i
6 you in the process. We offered to carry your
j
7 water for you.
8 We suggested that because of ,
9 our experience in this process, we would be in a
10 position to represent your interests as well as
11 the rest of the County because you are part of
12 this County and this County Board represents the
13 entire County, not just one region or one city,
14 so it was our primary concern to make sure that
15 your interests were represented.
16 We even talked about impact
17 fees because of the potential impact on your
18 roads and how we would ensure that those
19 discussions took place with this potential
20 applicant.
21 We invited you to participate
22 jointly in our discussions, something, frankly,
23 that's almost unheard of in this process, but
24 that's what we offered.
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1 What we were advised by you,
2 Mr. Mayor, as you will recall was that --
s
3 UNIDENTIFIED AUDIENCE MEMBER: I
4 can't hear. I can't hear.
E
5 MR. BLAZER: I'm sorry. I have this k
6 bad habit of moving around. I feel like I am
i
7 addressing a jury. I apologize. It's an old
i
8 trial trick. As you move, the eyes follow you,
9 that's how you know you've got their attention.
10 I will try and stand still.
11 What we were told by the Mayor
12 was that he was going to informally poll each of
13 the members of the City Council to get your view
14 on how you wanted to proceed, whether you wanted
15 to cooperate with us or not, whether you wanted
16 to participate with us or not.
17 Our contact person would be
18 Mr. Wyeth, the City attorney. And he wouldn't
19 get back to us. Several weeks passed. We heard
20 nothing.
21 Finally I called Mr. Wyeth -- I
22 think, John, you will remember that call -- and
23 Mr. Wyeth advised me that the Mayor had, in fact,
24 informally polled each of you and that the
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1 consensus was that you wanted to deal with Fox
2 Moraine directly without the County.
I
3 What did we do then? I can
4 assure you, Members of the City Council, we
5 didn't blow you off. We didn't forget about you.
E
6 We didn't decide if you don't want to cooperate
7 with us we'll forget about your interests because
8 we continued to demand that traffic plan from Fox
9 Moraine. It never materialized. ;
10 Frankly, we know why it never
11 materialized, because ultimately they began j
12 negotiating directly with the City, but we
13 continued to have your interests at heart, as
i
14 well as the rest of the County.
15 And as the State's Attorney's
16 letter points out, we didn't learn about what was
17 really happening until the public notice on
18 September 7th, because up until that time, there
19 had been some communication -- frankly, not a
20 lot -- we had been ignored to a great degree by
21 Fox Moraine as well.
22 Part of the hang -up, frankly,
23 was the amount of money we were demanding, among
24 other protections -- and this is one of those
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1 areas where I disagree with Mr. Price because you
2 can build in an enormous amount of protection,
P
3 irrespective of the jurisdiction of the Illinois
4 EPA. You can control a lot of what happens in
5 the future.
i
6 Unfortunately the host
s
7 agreement that you are going to be considering j
8 tonight doesn't do that. j
9 But with that being said, the
10 second thing that I agreed with Mr. Price
11 about -- and this is probably where I'll be
12 closing -- is the comment he made to this
I
13 audience that they have to make sure that their
14 "no" matters, and that's a difficult thing to do
15 in the context of the siting process that we talk
16 about.
17 It is so complex that it
18 requires specialized attorneys with specialized
19 skills. It's a complicated process. It's a
20 constrictive process. There are these nine
21 criteria -- I promise I won't talk about them
22 specifically -- that you are bound to follow.
23 It's a difficult process to get
24 through. It's a complicated process. It's a
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1 costly process.
2 And I will disagree with one
3 other thing, Derke, I'm sorry, but in my recent
4 experience, the minimum amount that applicants
5 have spent on transfer stations, not even on
6 landfills, has been on the order of three
7 quarters of a million dollars, but -- and that
8 was in Evansville, I might add.
1
9 But with that being said, let's
10 talk about the value of a no, because your
'I
11 discretion if you move forward down this road is j
12 going to be severely limited, and that's not the
i
13 only down side of moving precipitously and of i
14 making the wrong decision, because the
15 unfortunate fact of life here that we can't
16 ignore is that if this proceeds forward, as it
17 appears to be doing, is you will be inviting a
18 fight that doesn't have to occur between your
19 City and your County because what will happen is
F
20 exactly what we discussed with you, Mr. Mayor, on
21 March 15 that we didn't want to happen, that we
22 didn't want this group to be in a position where
23 they would pit the City and the County against
24 each other, and that's exactly what's happened.
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1 So here is the value of a no,
2 ladies and gentlemen. If you say no tonight,
3 that's where it ends. That's where the County
4 can protect your interests and the interests of
5 all these people inside of Yorkville and outside
6 of Yorkville. A
7 That's where we can make a fair
8 determination of which of these potential sites
9 might be the best site or the worst site or the
10 better site or no site at all.
11 Because you run the risk here
12 that you're going to have a siting proceeding and
13 we're going to have a siting proceeding and
14 Mr. Philipchuck will be right, and it's going to
15 be a race to the finish, and nobody wins and
16 everybody loses.
i
17 So that's the best solution.
18 There is your solution. It's a silly statement,
19 it's over -used, we use to our kids all the time,
i
20 but it applies with incredible force here, ladies
21 and gentlemen.
22 If you want to stop this
23 runaway train now, if you want to avoid this
24 avoidable fight with the County, if you want to
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1 avoid this mess, if you want to avoid the pain
2 and anguish that these people are expressing to
3 you last night and tonight, I implore you, just
4 say no.
1 5 Thank you. f '
6 (Applause)
1
7 MR. WOLFER: I have a question for
8 you, sir. Are you telling me that if I vote no
9 tonight that the County is not planning to put a 1
10 landfill in that area? j
11 MR. BLAZER: The County can't plan
I
12 to put a landfill anywhere, sir. The County
13 can't plan.
,
0
14 What I can tell you is that the
15 County will judge each application fairly and the
16 County will be in a position to judge at that
i
17 point two applications, I know there's been
18 mention of a third, as I mentioned, and at the
19 County Board meeting last week, that third one
20 hasn't really gotten off the ground. We are
21 really talking about two.
22 But we'll be able to judge the
23 merits or demerits of both and determine which
24 one is better placed, the one right by you or the
i
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1 one just north of 80.
2 MR. WOLFER: So you are telling me
�d
3 that you are considering that and that you are in
4 a better position to be the judge of what's
5 better?
6 MR. BLAZER: I telling you -- you
7 know what? Let me try and suggest something,
8 sir, if I may, because, frankly, this isn't just
9 me talking. I can assure you. And I'm not
10 reading from the siting statute.
11 But this is a statement of
i
12 legislative purpose from the Illinois General
13 Assembly; that counties should have the primary
14 responsibility to plan for the management of
15 municipal waste within their boundaries to ensure
16 the timely development of needed waste management
17 facilities and programs.
18 That's from the Solid Waste
19 Planning and Recycling Act. I won't read you the
20 citation. I'm sure your attorney is familiar
21 with it.
22 The General Assembly made a
23 legislative determination years ago, and it
24 applies to landfills and transfer stations, but
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1 it applies to landfills even more so, and it's a
2 determination that we made when we amended our
3 plan, that this is a County -wide issue.
4 It's not just about your
5 interests or Oswego's interests or Plano's
6 interests. It's a border -to- border interest in
i
7 this County. And that's why -- and I know -- I
i
8 assure you, I am not trying to dance around your
I
9 question because the bottom line is we have to
i
10 consider whatever application is submitted to us,
i
11 and part of that includes is it -- is it the best
12 location.
13 I just want to add one other
14 thing.
15 MAYOR PROCHASKA: Well, I'd like to
16 open up this floor of the public hearing. Yeah,
17 we really need to let --
18 MR. LESLIE: Attorney Blazer, I have
19 two questions, two -part question.
20 MR. BLAZER: Sure.
21 MR. LESLIE: Number one, the only
22 difference -- and I've been dealing with this for
23 quite some time -- my understanding, correct me
24 if I am wrong, is if a no to the annexation
i
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1 agreement goes forward and Hamann Properties has
2 an application towards Kendall County, these same
3 folks will be sitting at a County meeting saying
4 we don't want a landfill.
5 The only difference for the
�I
6 Yorkville residents are we won't have any
'I
7 control, we won't have any of the revenue, unless
f
8 there is a potential revenue sharing, but the
9 issue is not going to change. If that's correct,
10 that's my first question I look forward to.
d
11 And, secondly, in filtering
i
12 through this -- and I appreciate your insight --
13 quoting your Kendall County Solid Waste
i
14 Management Plan, that you are not allowed to site
15 a landfill within City limits, correct?
16 MR. BLAZER: Correct.
17 MR. LESLIE: Isn't the safest thing q
18 we can do as a Council, annex this into the City,
19 thus avoiding any landfill based on your
20 ordinance?
21 And that's why I've held my
22 questions and concerns back. This is -- Believe
23 me, I've given --
24 MR. PRICE: Don't you dare answer
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1 that question.
2 MR. BLAZER: And I'm not going to.
I
3 I wish I could answer the second one. I have
4 agreed with Mr. Price that I can't.
i
5 It deals with one of the -- one j!
j
6 of those specific nine criteria. I think you
7 know what my answer is, but I can't say it, and I
i
,
8 wish I could.
1
9 MR. PRICE: Stop. Mike. Stop.
10 MR. BLAZER: I will tell you this,
11 in agreement with Mr. Price --
r
6
12 MAYOR PROCHASKA: Please.
13 MR. MUNNS: Hey, you are done.
14 MAYOR PROCHASKA: This is our
15 City -- our attorney's advice. Please.
16 MR. MUNNS: Sit down in your chair
17 or get out. w
18 MAYOR PROCHASKA: Please, we will
I�
19 open up the floor. There is a lot of people here
20 that would still like to have comments and
21 discuss.
22 Sir, right there, come on up.
23 WHEREUPON:
24 DARREL BROWN,
i
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1 testified before the Yorkville City Council as
2 follows:
3 MR. BROWN: Darrel Brown, 8262 West
4 Highpoint Road.
1
5 If this property gets annexed,
6 when does the responsibility for the City take
4
7 over? Immediately? j
i
8 MAYOR PROCHASKA: Upon filing of the
9 annexation to the County.
10 MR. BROWN: Okay. Because there is
11 a solid waste coordinator, Marlon Hartman, that
12 deals with the site out there, the compost site.
13 Does the City have somebody
14 that we call when we smell something? Because he
15 takes care of this now.
16 MAYOR PROCHASKA: It would be our
i
17 code -- our code official for the City, yes.
18 MR. BROWN: Who is that?
19 MAYOR PROCHASKA: Bill Dettmer.
20 MR. BROWN: And what's his number?
21 MAYOR PROCHASKA: 553 -4350. Call
22 City Hall and ask for him. Anything else?
23 MR. BROWN: What would they do?
24 Marlon Hartman would always go out to the site to
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1 go out to check it and make sure everything was
2 taken care of. Do you have a plan? i
i
3 MAYOR PROCHASKA: Well, I would
4 suggest that he would go out there also, so, you
�I
5 know --
6 MR. BROWN: But you are not aware of
7 a plan to take over that annexation?
8 MAYOR PROCHASKA: Pardon?
9 MR. BROWN: You are not aware of
1
10 things to do to take over that property, to take
11 over the role that Marlon --
12 MAYOR PROCHASKA: We would have to
13 enforce the laws just as the County does.
i
i
14 Hopefully -- Well, what I'm understanding, how i
15 they try to.
16 MR. WOLFER: It's my understanding
17 that you haven't been happy with the results now.
18 I drive by that --
19 MR. BROWN: Marlon has done a very
20 good job as far as what is regulated. There's
21 pretty -- Hamann can do what he wants out there
22 pretty much, but Marlon takes care of us. We
23 call him up, he goes out and checks it.
24 MR. WOLFER: But I drive down 71 and
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1 it stinks.
2 MR. BROWN: He still goes out and
9.
3 lets us know when he talks to them. It seems
4 like someone is doing something from the County.
5 MAYOR PROCHASKA: Alderman Wolfer,
6
6 do you want to use the mic?
7 Obviously we need to let people
1
8 talk here and get their comments, so that's the
9 whole point, to get your comments. I understand
10 your discussion. W
11 MR. BROWN: Okay.
f
12 MAYOR PROCHASKA: Yes, sir. Right
i
13 here.
f
14 MR. MUELLER: Robert Mueller, 581
15 Kelly Avenue in Yorkville.
16 I did hear the comments from
17 Attorney Blaze (sic). I have a question just for
18 the Board and the residents for your decision,
19 question slash statement.
20 I've heard everybody talk about
21 the current decision that was made previously how
22 else could I put this compost pile into a rural
23 development area, and it doesn't sound like, as
24 Mr. Wolfer was stating, nobody is pleased with
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1 the upkeep, the smell is already happening, and
2 the County decided that they are allowed to have
3 a petition to put that land -- or not landfill,
4 take that back, the -- whatever this compost is
5 in your area already.
6 That petition obviously came
7 from the County with the best interests of its
8 people and it doesn't sound like you are very
9 happy with that decision they made in the first
10 place.
11 Now we will be leaving it up to
i
12 the County to make another decision for us, of
I
13 where to put this proposed property.
14 So I don't -- it doesn't sound
15 to me as if you are happy with what's happening
16 right now and now we're going to have something
17 that's even larger under their control, so I just
18 wanted to have that stated.
19 Thank you.'
20 MAYOR PROCHASKA: Thank you. Sir.
21 WHEREUPON:
22 GEORGE MUELLER,
23 testified before the Yorkville City Council as
24 follows:
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1 MR. MUELLER: Good evening, ladies
2 and gentlemen of the Council. I am George
3 Mueller. I am attorney with an office at 609
4 Etna Road in Ottawa. I live in Naperville, and
5 so I traverse Yorkville frequently.
i
6 I work for Fox Moraine, LLC, so
7 to many of you in this room, I suppose I am the
I
8 bad guy, but after Mr. Blazer's comments, I feel
9 it imperative to set the record straight on a few �.
G
10 things.
11 And I will start out by saying
12 that a threat delivered articulately and softly,
13 as Mr. Blazer did, is still a threat.
14 And he says that Solid Waste
15 Planning and Recycling Act mandates that counties
16 have the primary obligation for planning waste
17 disposal and management.
18 However, that same act says
k
19 that nothing in it should be construed to deprive
20 municipalities -- that means the cities -- of the
21 power to conduct meaningful siting hearings of
22 landfill and other pollution control facility
23 applications.
24 And what Mr. Blazer and the
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1 County are trying to do is to bully the City into
2 abdicating its statutory responsibility and
3 prerogative.
4 Now, Mr. Blazer says this all
5 started on March 8th, when representatives of Fox
r
6 Moraine first met with him, and he gives you the
7 whole scenario of how he got here.
8 My recollection differs, and
I l i
9 luckily I have the emails to support my
10 recollection, because Mr. Blazer and I began to l
11 email each other in January of 2006.
12 After our development team had
13 satisfied ourselves of the suitability of the
14 site to go further, we began discussions with the
15 County, and that happened in January, not in
16 March.
17 By the time we got to March,
18 multiple drafts of a proposed pollution control
19 facility siting ordinance had gone back and
20 forth. Parties had talked about a host
21 agreement.
22 And you know something? Even
23 then it was all about the money because before
24 the County will even talk to us, we had to
i
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1 guarantee to pay Mr. Jeep & Blazer for the
2 privilege of talking to them and for their
3 privilege of listening to us.
4 And then when it got time to
k
5 negotiate a host agreement, it was the
I
6 representatives of Fox Moraine landfill that
7 said, you know, the City of Yorkville is right
8 next door. It is the most effective community.
9 It is the most potentially impacted community.
10 They need to be involved in this process.
11 And one way to involve them in
I'
12 the process was to adopt the modern trend of
I
13 negotiating a host agreement that pays to
14 potentially impacted municipalities, whether they
15 be school districts or cities or townships, fees
16 or percentages of the host fee in accordance with
17 the potential impact and in proximity of those
18 communities.
19 Mr. Jeep's response to our
20 suggestion that a portion of the host fee go to i
21 the City of Yorkville was that's a non - starter.
22 Those were the exact words. And after
23 considerable additional negotiation, they finally
24 said okay, out of a $4 host fee we propose, or
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1 thereabouts, the City of Yorkville can have two
2 and a half cents.
3 That's $25,000 a year, which,
4 incidentally, is less than my client has paid
5 to Messrs. Jeep & Blazer for the negotiations
1
6 they claim that we never had with them.
7 We've got the invoices and the
8 checks to show that there has been $30,000 during
9 the negotiations paid for with the County, but
10 only after it became clear that the County wanted
11 to grab and hold all the revenue, assuming this
12 facility would be approved, if we did decide we
13 had to go to the City of Yorkville because the
14 reception we got there was that they would be
15 willing to share with the County.
16 They understood that the County
i
17 was also an important part of this process, and
18 so, therefore, we weren't going to be talking
19 about giving the County two and a half cents per
20 pound, but rather significant dollars.
21 So from the beginning -- and
22 our perception is it's been agreed on the part of
23 the County and it's been agreed on the part of
24 the Attorney General, because the question we've
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1 been asking ourselves is what do we have to show
2 for the $30,000 in bills we have paid to
3 Messrs. Jeep & Blazer and how much of their bills
4 for a landfill site. Those questions also need
5 to be addressed.
6 The process that we have here
7 is one that only starts tonight and moves forward
8 into the stage that really most of these comments j
9 should have been addressed to, and that is the
10 siting hearing.
11 I will tell you, ladies and
12 gentlemen in the audience, I have been at
13 landfill siting hearings representing both
14 applicants and opponents, some of which have
15 taken 25 days, and everyone gets to speak their
16 peace. People get to cross - examine the witnesses
17 and a record of evidence is developed.
18 We welcome the opportunity to
19 go through that process. We look forward to the
20 challenge of being able to present evidence on
21 all nine criteria that we must prove that
22 withstands the scrutiny of the good people in the
23 community, and we hope that when it's done, the
24 record will speak for itself.
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1 And I'm not going to discuss
2 any evidence or criteria tonight --
3 MAYOR PROCHASKA: Can I just ask you
4 to kind of wrap it because I would really like --
5 we'd like to have some of the p
p eo le here -- I
'I
6 think there is still people that would like to
li
7 talk on this particular piece of property, sir, i
8 so if you could finalize your statement, I'd
�I
9 appreciate it. `
10 MR. MUELLER: If I can just wrap it
'I
11 up, and then very briefly, the City most
12 appropriately should have the power to do this.
i
13 The County has not been
14 interested in including the City, Mr. Blazer's
15 representations to the contrary notwithstanding.
16 We look forward to a full and
17 open public hearing and the opportunity to
18 develop a meaningful record that will speak for
19 itself as to whether or not this is a proposal in
20 the best interests of the entire community.
21 Thank you very much.
22 MAYOR PROCHASKA: Okay. Yes, the
23 gentleman. Todd.
24 MR. MILLIRON: Mr. Philipchuck, do
i
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1 you remember me holding this water bottle up
2 yesterday and I was asking you about pipes in the
3 ground?
4 I want you to remember that you
5 were sworn in last night and I asked what were
6 the pipes in the ground, and somebody asked about
7 those test wells, and not to get into any
i
8 whatever specifics on this, but it seems like you
9 have prior knowledge and was not disclosing it
r
w
10 last night and was actually giving the wrong
11 answer, I don't even -- I'm not going to say the
12 L word, but you did not give full disclosure last g
's
13 night when asked.
14 MR. PHILIPCHUCK: I don't know that
15 it's pertinent to anything, but as I recall your
16 question, you said what are those pipes out there
17 on 71.
18 Sir, that's an awfully general
19 question. I didn't know what pipes you were
20 referring to out on Route 71, what pipes on
21 Route 71, and then there were statements made at
22 the public hearing last night that the Bornemans
23 were out there and Bornemans had wells being
24 drilled on their property, and I guess that was
i
I
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1 someone who didn't understand what was going on
2 either because, to my knowledge, the Bornemans
3 haven't done any drilling of any kind on their
4 property.
5 So for you to say -- you know,
r.
6 as I queried you later, I said, well, I don't i
P
li
7 know, they could be the test wells, if you
8 remember that's what I said, maybe it's the test I
9 wells that you're referring to, I'm not sure what p
10 you are referring to.
11 MR. MILLIRON: Well, I would
i
12 indicate somebody might want to check the record
13 and the testimony that was given.
14 MR. PHILIPCHUCK: That's fine.
15 That's fine.
16 MR. MILLIRON: All right. Now, I'm
17 not done. I want to ask you guys, last week you
18 passed a disposal fee and it was reported in the
19 Record, a buck seventy -- a buck 27 a ton.
20 MAYOR PROCHASKA: Correct.
I
21 MR. MILLIRON: All right. And I
22 read in the paper when the County started
23 negotiations at 38 a ton, all right, and the
24 Hamann people walked away from the negotiating
I
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1 table.
2 So in that article on the 9 -20
3 Record, there was something about Kendall here,
Ii l
4 $4,000,000 deal with landfill, referring to
5 Kendall, south part of the county.
6 And it was stated by Jim
7 Berman, Mr. Hamann's representative, that it was
8 not economically viable or feasible for him to
I
9 open up a landfill at two fifty a ton, which is
10 what they offered the County. Now, that's what's
11 been reported.
12 And so what I want to know is
13 what is this one twenty seven disposal fee, and
14 if Mr. Hamann can't make money at two fifty, why
15 are you guys wanting to put him in the landfill
16 business and subsidize the business at the
17 expense of all the people in the room?
18 MAYOR PROCHASKA: All right. First
19 of all, that's -- you have your facts wrong, and,
20 second of all, that's not a point of discussion
21 for annexation of this property.
22 That actually is part -- a
23 further agreement -- further part on the agenda
24 as we discuss the host agreement, those numbers
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1 are in there and you will hear what the numbers
2 are. Because it is just not one twenty seven.
I
3 That is a portion of the fee that the City
4 Council passed. It's a portion.
5 MR. MILLIRON: How fast was that
6 ordinance passed, Art? Doesn't the ordinance,
7 normal ordinance, take about two months to pass?
8 MAYOR PROCHASKA: No, not
9 necessarily. No.
10 MR. MILLIRON: How much discussion
11 was made at that City Council meeting regarding
12 that?
I
13 MAYOR PROCHASKA: The discussions
14 that the Council chose to have.
15 MR. MILLIRON: And what was the time
16 frame on that, Art?
17 MAYOR PROCHASKA: It was brought to
I
18 the Council and asked to be voted on as part of
19 the agenda.
20 MR. MILLIRON: All right. Was it
i
21 five minutes? Or more? Five minutes or less or
22 five minutes or more?
23 MAYOR PROCHASKA: It was on the
i
24 agenda for 48 hours prior to being voted on.
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1 MR. MILLIRON: You didn't answer my
2 question. City Council members, did you discuss
3 that and how long did you discuss that buck 27
4 disposal fee? It came to you in front of you.
5 MAYOR PROCHASKA: Sir, you are out
6 of order. Now, either you stay on the subject --
7 This has nothing to do with this particular item. it
' I I
8 Now, if you want to stay on
9 subject, we'll talk. If not, I will ask you to
I
10 leave.
1
11 So either stay on subject --
12 I'm saying that all the fees are discussed in the
13 host agreement that is later on in the agenda and
14 you will hear discussion with the Council then.
15 So do you have anything else to
16 say about this property?
17 MR. MILLIRON: I do. So this is the
e
18 end game and the truth is here. We're connecting
19 all these properties one -by -one to get out here,
20 and now we're discussing a landfill when that
21 wasn't on the agenda to begin with.
22 MAYOR PROCHASKA: No, we're not.
23 We're discussing annexation and zoning, and
24 everyone keeps wanting to bring that up into the
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1 discussion.
2 The discussion here is for the
3 annexation and zoning of this property. So it's
4 annexation and zoning to City Ag -1. That is what
� I
5 will be considered this evening.
6 MR. MILLIRON: All right. Next N;
I�
7 question. If this property is zoned Ag -1, how do
8 you go about changing the use of this to a
9 landfill?
10 Is that a City Council vote?
11 Are you going to give public notice? How is that
12 going to work?
i
13 MAYOR PROCHASKA: I believe that's j
a
14 been explained a couple times. Derke, do you
15 want to --
16 MR. MILLIRON: No, I'm asking the
i
17 zoning.
0
18 MAYOR PROCHASKA: Listen to what he
19 has to say.
20 MR. PRICE: Zoning doesn't apply.
21 It's preempted by the state. It's the lengthy
22 process I described earlier. Zoning doesn't
23 matter.
24 MAYOR PROCHASKA: Okay. Now I'd
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1 like someone else to come up and speak. Sir.
2 MR. PARISH: Ron Parish, Route 71.
3 You know, we've heard both
4 sides speak about who wants the landfill, who
5 doesn't want the landfill. I don't think anybody
6 in the room wants the landfill.
2
7 I've sat here and even looked
I
8 at this and said, you know, I don't really
• l
k
9 understand which side is right. I do know this.
10 I'm against anything that the attorney for the
11 landfill is for, so I guess he helped me make my
12 decision. That is pretty much my determining
f
13 factor.
14 The next piece is, if we look
15 at the County -- and I'm not for the County
16 having the landfill either, but at least I've got
17 a 50/50 chance. If there is two, I've got 50/50.
18 I don't have anything with the City.
19 And the question was asked of
20 the gentleman from the County, could he promise
I
21 us that there's not going to be a landfill. I
22 don't think anybody can promise us that, so I
23 would also like to ask the Board members and you,
24 Art, do you promise us that there is not going to
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1 a landfill so we have a basis.
2 MR. MUNNS: Stop. Don't be talking
3 about this.
4 MR. PRICE: I understand why you
5 want the question answered --
6 MR. PARISH: I mean, he asked the
7 question, so -- I
8 MR. PRICE: And I said you don't
i
9 answer that.
10 MR. PARISH: Okay. I apologize.
11 But I can't see -- None of us
12 want the landfill, and I'm going to have to take
I
13 my shot with the 50/50, and I'm not a big '
14 gambler.
15 I know y'all are 100 percent
16 for it because of the way this came out, this man
17 standing up saying he's for Yorkville, so I will
y
18 have to go that direction.
19 I think -- I hope all of you
20 vote no. I mean, you know, I know that it's got
21 to be tough sitting there listening to all of
22 this, and I'm sure there's a lot of us that's
23 made statements that probably don't really
24 understand. None of us are politicians. My
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1 mother told me never to be a politician and I'm
2 sure glad.
3 But I sure would ask you to
4 vote no on this because, I mean, you know, it's
5 our lives. May not mean anything to anybody
6 other than us, but it's -- our little part of
h
7 Kendall County is out there and we're begging you
8 to vote no. Thank you.
9 MAYOR PROCHASKA: Okay. Sir.
10 WHEREUPON:
11 JEFFREY D. JEEP,
f
12 testified before the Yorkville City Council as
13 follows:
14 MR. JEEP: Good evening. Mr. Mayor,
15 and members of the Council, my name is Jeffrey
16 Jeep. I am a partner in the law firm of Jeep &
17 Blazer, special counsel to the County.
18 I feel compelled to respond to j
19 a couple of points that Mr. Mueller made which
i
20 were just completely false.
21 Let me cover the first issue of
22 our fees being reimbursed. It is common
23 practice, as Mr. Price knows and as Mr. Mueller
24 knows, that when a municipality is negotiating
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1 with a party, ask that they pay the costs of
2 those negotiations.
3 We have a situation right now
4 in Hillside where we have a landfill that's on
5 fire. Very serious problems there. The owner of
6 that landfill is paying our fees to deal with
7 that problem. That is standard operating
8 procedure, folks.
9 our municipal clients don't
10 pay, we ask the applicants to pay. So it's a
I
11 cheap shot, Mr. Mueller.
12 Secondly, I want to talk about
13 the implication that all we're concerned about
14 was the money and getting all the money for the
15 County. That is just plain wrong.
16 First of all, when we met on
17 March 8th, I followed that up with a detailed
18 term sheet, 16 pages long, that -- money was one
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19 component.
20 The first was traffic. There
21 were issues of we wanted to incorporate the
22 entire Environmental Protection Act, every
23 federal environmental statute, and enforce them
24 as part of this agreement.
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1 They didn't like that. They
2 didn't like that we wanted the end use plan.
3 What was it going to look like? Define now. We
4 didn't --
5 MR. BESCO: This has nothing to do
6 with --
7 MAYOR PROCHASKA: That's true, we
8 let other people talk, so I'm going to let you,
9 but I'm going to ask you to wrap it up so we can
10 give the people --
11 MR. JEEP: I think I made my point
12 that we were not just talking about money.
13 MAYOR PROCHASKA: Okay.
14 MR. JEEP: In terms of money, when
15 he said this was a non - starter, here is what was
16 a non - starter, so you understand.
17 The proposal that was made from
18 Fox Moraine to the County was a gross fee. That
9
19 is, they offered $2.50, they are paying you four, j
20 4.27, whatever it is.
21 They said whatever is paid to
22 the County, a deduction will be made from that of
23 payments to other municipalities, so if we i
24 were -- had an agreement of $2.50 and there was
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1 an agreement to pay $2 let's say to the
2 municipality, the County would receive 50 cents.
3 I kept asking them, what is the
4 proposal? How can I go back to my client and
5 evaluate what you're putting on the table?
6 We never got past that. We
b
7 didn't get past that -- from April 7th, we never
i
8 got past that issue. I
{
9 MAYOR PROCHASKA: Okay. Can I -- I
10 would really like to have the people be able to
11 respond to the -- this is the annexation and
i
12 zoning public hearing, so can you wrap? I've
13 asked to you wrap it up.
i
14 MR. JEEP: Mr. Mayor, I respect the
15 opportunity to speak and set the record straight.
16 I felt there was a taint put on that that had to
17 be addressed.
i
18 MAYOR PROCHASKA: Okay. Thank you.
19 Miss Gilbert.
20 MS. GILBERT: My name is JoAnn
21 Gilbert. I'd like to respond to Mr. Philipchuck.
22 He said there is plastic in the fields, Don
23 Hamann's fields, because people don't follow the
24 rules.
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1 If Don Hamann followed the
2 rules, we wouldn't have an odor.
3 (Applause)
4 MAYOR PROCHASKA: Okay. Is that
5 your statement?
6 MS. GILBERT: That's it.
7 MAYOR PROCHASKA: In the back there,
8 sir. Yeah. Come on up.
i
9 MR. FROST: It's been a long
L
10 evening. I appreciate you taking the time. My
'i
11 name is George Frost, River's Edge.
12 This is the first time in this
13 meeting, during the meeting from the night -- i
14 yesterday and tonight that we finally actually
15 started getting some truth from this gentleman
16 who is the attorney that is making this
17 presentation.
18 At the meeting last night --
1
19 and you, Mayor, whenever they would even bring up I
i
20 that any consideration for a landfill was part of
21 this process, you just kept reiterating that it
22 was whatever came down the pipe to, came down the
23 pipe. Well, the cat is out now. Everybody knows
24 for sure what's happening.
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1 I don't know why you would not
2 want to cooperate with the -- with the County
3 Board, why you want to'pick this fight, why you
4 want to do this.
5 And I know you probably think
6 it's probably for the best in your mind, but you
h
7 did it without even checking with the people.
8 The people don't want this type of thing, whether
9 it's voted or not by this Council.
10 It's just -- I've heard more j
11 pertinent information from the attorney from the
12 County -- I don't know the gentleman's name --
13 than I have heard from this Board, or from you in
14 particular.
15 I don't like being lied to. I
16 don't like being told that this is going to go
17 through no matter what in a roundabout way,
18 because that's exactly what it was last night,
19 and it's -- you know, it's getting late.
20 Everybody here I'm sure has had a long day.
I
21 All I can say is I urge you to
22 vote no on this, let's work with the County and
23 go from there.
24 Take your citizens into
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1 consideration. Your ideas may be good in some
2 other spots in the County and for some other
3 commercial, but this is not a good idea for us.
4 We don't want it. The people
5 really involved are trying to tell you that and
6 you're not listening. r
I
7 You just don't seem to be
8 listening, Mayor, and I know you've been driving
9 this from the get -go, and I know it's probably
10 what you want for your legacy as the Mayor of
11 Yorkville.
I
F
12 MR. MUNNS: The Mayor is not on the
13 agenda again, so keep your points at number five,
14 please. You have to talk about number five.
15 MR. FROST: I'm telling you what I'm
16 telling you because I don't believe what I'm
17 hearing.
18 MAYOR PROCHASKA: All right. Marty,
19 Marty. Let him finish.
20 MR. FROST: Why can't you listen?
21 MR. MUNNS: Because we're talking
22 about number five, annexation and zoning.
23 MR. FROST: I'm telling you, it's
24 all part of this agreement. Yes, it is. I'm
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1 asking to you vote no. Let's cooperate with the
2 County and let them have the lead in this.
3 MAYOR PROCHASKA: Very good.
4 MR. FROST: Let's go home.
5 MAYOR PROCHASKA: And if I may just
6 address this, if anybody wants, I believe -- in rl
P
7 fact, I can ask WSPY, they actually got my 1
8 statement on tape last night, where I very
9 specifically talked about the fact that this may
10 be a landfill whether or not the City was going
11 to annex it, and that was a statement, that it
12 could be applied for either way, so I don't think
i
13 I have ever hidden any agenda or any discussion.
14 Back to this particular piece
15 of property, is there anyone that would like to
16 speak on this piece of property and its
17 annexation and zoning? Sir?
18 MR. NELSON: George Nelson again.
19 Here is what I see here. I see
20 a power struggle between the City and the County
i
21 over this property being annexed and over a
22 landfill site.
23 I am urging the City Council to
24 put that aside, put that power struggle aside,
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1 and do what's right and what the people here
2 want.
3 We don't want it annexed and we
4 don't want a landfill, so let's put all the power
5 struggle aside between the City and County and
6 let's vote no.
I�
I�
7 MAYOR PROCHASKA: Okay. Is there
8 anyone else that would like to speak? Sir? Yes.
9 MR. KOLODZINSKI: Bob Kolodzinski,
10 River's Edge subdivision. J
11 Mr. Philipchuck, Billachuck, or
1
12 I'm not sure what his name is, but he had said
13 that people make mistakes and they throw out
14 plastic in with the yard waste, so then toxic and
15 hazardous material is in the garbage dump.
16 Every one of those people up
17 there knows that happens because that takes
18 place. Every one of them up there. He admitted y
19 there is errors, happens all the time.
20 What makes you think that it
21 won't happen again? This could be a modern day
22 Erin Brockovich waiting to happen in our
23 backyard, and it will be every one of your's
I
24 fault. So please remember that when you vote.
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1 MAYOR PROCHASKA: Is there anyone
2 else that would like to speak on the annexation
3 and zoning of this property? Ma'am.
4 MS. BARNES: Did I understand the
5 County to say that if you annex that property f
6 that it would not be able to be used as a'
7 landfill, but they would sue us to use it as a
l
8 landfill?
9 That's what I got out of it. 4.
10 Am I wrong or is that --
11 MAYOR PROCHASKA: No, no, that is
12 not what they said. And our attorney -- I think
I
13 we're going to get off subject.
14 MR. PRICE: You are treading on
15 unfortunately one of the criteria, but Mr. Blazer
16 and Ms. Barnhart, the State's Attorney, he read
17 her letter which is the County's position that it
18 should be in an unincorporated area of the
19 County. I think that's about as much as we can
20 say.
21 MS. BARNES: It should be.
22 MR. PRICE: Yes. That's -- Under
23 their plan, yes, that's what they are saying.
24 MAYOR PROCHASKA: Mr. Gilmour, do
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1 you want to speak?
2 MR. GILMOUR: I think I can probably
3 say in summary for everyone sitting on this side
i
4 of the microphone, our perspective is, with the
5 County issue, and in all fairness to the
�I
6 residents of Kendall County, I think it should
f
6
7 remain a County issue.
8 This is going to impact other
4
9 communities besides Yorkville, and it
10 just appears as what it really is. It's a land
11 grab, and they are running rough shod over the
12 mechanism that's already in place for it.
i
13 I'm also realistic enough to
14 know that if the scenario were in the County's
15 hands, it very well could be that the property
16 that you are discussing tonight could be an
17 eligible candidate for that.
e,
18 I feel more comfortable with
19 the oversight and the mechanism of the County
20 Board and their process for seeding a landfill
I
21 than the City, and I really think we ought to do
22 the best thing for the County at large here.
23 Thank you.
I
24 (Applause)
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1 MAYOR PROCHASKA: All right. Is
2 there anyone else that would like to speak to
3 this annexation and zoning?
4 (No response).
5 MR. PRICE: Yes.
6 MAYOR PROCHASKA: Yes.
7 MR. PRICE: Just one point, and I
8 want to be clear about this.
9 You do have the power in the
10 Municipal Code and the Solid Waste Act to change
11 your authority.
12 I also want to be clear about
13 this, that there is no difference in the
14 heightened standards to be applied by either you
15 or the County. It is the nine criteria.
16 And Mr. Blazer made it
17 abundantly clear, he won't anticipate in a
18 hearing if it is before you, if that's what you
19 decide.
20 So the only difference between f
21 a statement that says you are more comfortable
22 with the County is they either don't trust you or
23 don't think you are smart enough as a team
24 because the people testing the evidence will be
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1 exactly the same, the criteria you apply will be
2 exactly the same.
3 So let us be clear about the
4 process. That is the difference. There is no
5 heightened process the County gets to impose
6 other than, as Mr. Blazer indicated, they may be
7 able to juggle a couple of them at the same time.
8 The standards are the same, the
9 people testing the evidence are the same. The
10 only difference is who is sitting at the table.
11 MAYOR PROCHASKA: Okay. I saw no
12 other hands, so I'm going to ask the
i
13 Council to --
14 MAYOR PROCHASKA: Okay, ma'am. Then
15 this is the last one.
16 MS. RIECKERT: Kim Rieckert, State
17 Route 71.
18 I asked you previously, I'm
i
19 going to ask you one more time before this goes
E
20 to vote or any further, is this the best place to
21 even consider having a landfill in Kendall
22 County?
23 MAYOR PROCHASKA: We cannot answer
24 that question, neither us, nor the County
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1 representatives. None of us can answer that
2 question at this time. None of us.
3 MAYOR PROCHASKA: Okay. With that I
I
4 would entertain a motion to close this public
5 hearing. Well, wait a minute. I see one hand.
6 Do you want to say something? And then this will
li
7 be the last one.
8 WHEREUPON:
9 BARB RAKOWSKI,
10 testified before the Yorkville City Council as
11 follows:
12 MS. RAKOWSKI: My name is Barb
13 Rakowski. I live at 8450 West Highpoint Road.
14 Obviously I have a personal
15 concern because I am right near the property
16 that's talking about being annexed, my first
17 Council meeting and it's quite a handful.
18 I also have a concern over it's
19 been such a short time span. I'm trying to learn
i
20 the process of what you're doing, and when I was
21 out in the community the past two weeks, I have
22 been asking people that are actually the citizens
23 of Yorkville how they actually feel about this.
24 There are so many people that
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1 don't even know what's going on, and these are
2 your constituents.
3 I am just wondering, before you
4 place your vote tonight, are you really placing
5 it on behalf of them?
r
6 Because I don't feel that the
7 community really knows that this could be a
8 landfill and that -- I am wondering if they would I
9 prefer economic growth in a different form.
10 I know if I had a chance
11 between a landfill or maybe higher taxes, I would
12 probably pick the higher taxes, so I just want
{
13 you to consider that before you place your vote.
14 MAYOR PROCHASKA: Thank you. With
15 that, I would entertain a motion, unless the
16 Council has something else --
17 Did you have something, Rose?
a
18 MS. SPEARS: May we address some of
19 the statements that were made?
20 MAYOR PROCHASKA: Well, I would look
21 to the attorney.
22 MS. SPEARS: First of all, I'd like
23 to address Attorney Blazer. I would like to say
24 I know that you did enlighten us on the name
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1 change from Fox Moraine to Hamann. I have no
2 idea why you gave us that information, but thank
3 you.
4 And then I'd like to -- Can you
5 just satisfy my curiosity, Jeep & Blazer, was
6 there a name change involved in that? That's
7 just kind of a -- I don't know. It's unique.
8 MR. BLAZER: About once a week we do
9 get a phone call looking for our service
10 department.
11 But frankly, Jeff and I went to
r
12 law school together, we've been best friends for
13 26 years, and his God given name is Jeffrey D.
14 Jeep and my God given name is Michael S. Blazer.
15 MS. SPEARS: Okay. Well, thank you.
16 I'd also like to mention that
J
17 recently I read in the paper that you had a
h
18 County Board member that was quite upset because
19 she was not informed regarding the Fox Moraine
g g
20 meetings and the results of various meetings, and
21 this is a County Board member that mentioned
22 that, how very upset she was with this.
23 And you also mentioned in your
24 little presentation that your firm offered to
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1 represent our -- being in the City's -- best
2 interests, and why didn't you -- I'd like to know
3 why you didn't communicate with the people that
4 you are representing, the Board members.
5 MR. BLAZER: Actually, we did. I
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6 believe you are referring to --
7 MAYOR PROCHASKA: You need to speak
s
z
8 up so the court reporter can hear you.
9 MR. BLAZER: I believe you are
10 referring to Board Member Jesse Hafenrichter, and
11 we discussed the fact after the meeting that she
i
12 had frankly not recollected that she had attended
j
13 every meeting of the Solid Waste Committee when
i
14 all of these issues had been discussed, and that
15 we had been directed by the Solid Waste
16 Committee, by the Board as a whole and the
P
17 State's Attorney, to go through the nitty - gritty a
18 of the negotiations, get to the point where we
19 would have a final draft of the host agreement,
i
20 we could then bring it to the full Board, and --
21 can't negotiate this without one, so --
22 There was another board member
23 who -- Mr. Davidson, who also raised a concern
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24 about that at that last meeting, and I think j
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1 ultimately what happened there, frankly, I think
2 someone acknowledged it was -- and I won't go too
3 far down this road -- but the Solid Waste
4 Committee honestly hadn't been in touch with the
5 rest of the Board possibly as much as they had
6 wanted to be and Mr. Davidson felt a little bit
7 left out, but I think we resolved that at that
8 meeting by bringing everyone up to date, and
9 everyone knows obviously as you saw at the Waste i
10 Committee meeting this Thursday at 1:00 o'clock,
11 there will be a draft host agreement, and it will
12 also be on the agenda for next Tuesday evening's
i
13 full Board meeting.
14 So, again, I think those issues
15 were resolved. I can only suggest that, as I
16 think the applicants represented and suggested,
17 that we not necessarily take everything on paper
18 as gospel, but those issues were resolved, and we
i
19 had been communicating with the State's Attorney I
20 and the County Board routinely. f
21 We've copied the State's
22 Attorney on every single exchange that we've had
23 since the beginning, including my discussions
24 with Mr. Mueller, where I asked his opinions on
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1 our revisions of our County Siting Ordinance,
2 because Mr. Mueller has not been involved at all
3 in the negotiations of the host agreement, that's
4 been taken care of by another one of their
5 attorneys, Mr. Kalsto. Mr. Mueller, frankly, has
6 been MIA since February.
6
7 MS. SPEARS: Okay. That was not my {
8 question. Thank you.
�j
9 I'd like to know also how many
10 people are on the Solid Waste Committee, how many
11 Board members?
12 MR. BLAZER: Three.
13 MS. SPEARS: Three. And how many
14 Board members do we have for the County?
15 MR. BLAZER: Ten.
16 MS. SPEARS: Ten. Okay. I would
17 not be really comfortable if that information is
18 not relayed to the other members on the Board.
19 And this is what -- I mean, I'll call them and
20 speak with them and see. Because that would be
21 the same, we have eight on our Council, and if
22 only three were given privy -to information, I
23 have a problem with that.
24 MR. BLAZER: And, again, I don't
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1 believe that's the case, but listen, if you want
2 to address it, but that's really not the case.
3 That's not what occurred. P
I
4 MS. SPEARS: Well, I'm not bringing
5 the State's Attorney in here because I think she
6 does an excellent job, so I'm not going to
I
7 involve her in this.
8 MS. BARNHART: Well, I don't mind.
9 MS. SPEARS: I am just -- you know,
10 I have some concerns about the way --
11 MR. MUNNS: Can we stay on subject
12 here because we can discuss all those when we get
13 to the ordinance.
14 MS. SPEARS: Well, I just -- you
15 know, I have some concerns about the way you did
16 give your presentation.
17 And this gentleman here said
18 also that an attorney can really -- and I can
19 relate to his statement -- can really, really
20 influence your decision, and basically the way
21 you conducted yourself, I just certainly didn't
22 appreciate it. And that's my opinion.
23 Thank you.
24 MAYOR PROCHASKA: Okay. With that,
1
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1 I would entertain a motion to close this public
2 hearing.
E
3 MR. BESCO: So moved.
4 MR. JAMES: Second.
5 MAYOR PROCHASKA: Moved and 5
G
6 seconded. May I have roll call, please? Y
7 MS. MILSCHEWSKI: Wolfer.
8 MR. WOLFER: Aye.
9 MS. MILSCHEWSKI: Leslie.
10 MR. LESLIE: Aye. I�
I
11 MS. MILSCHEWSKI: Besco.
12 MR. BESCO: Aye.
13 MS. MILSCHEWSKI: Bock. E
14 MR. BOCK: Aye.
15 MS. MILSCHEWSKI: Spears.
16 MS. SPEARS: Aye.
17 MS. MILSCHEWSKI: Burd.
18 MS. BURD: Aye.
19 MS. MILSCHEWSKI: Munns.
20 MR. MUNNS: Aye.
21 MS. MILSCHEWSKI: James.
22 MR. JAMES: Aye.
23 MAYOR PROCHASKA: Motion is carried.
24 Don't go away, folks, we have one more public
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223
1 hearing.
2 I would entertain a motion to
3 go into public hearing for the purpose of
4 discussing vacation of a portion of Sleepy Hollow
5 Road located south of Illinois Route 71, that
f
6 part of Sections 14 and 23, Township 36 North, g
I
7 Range 6 East of the Third Principal Meridian
8 described as follows: That part of Sleepy Hollow
9 Road lying south of the south line of Illinois
10 Route 71 and north of a line which bears south 89
11 degrees 55 minutes 26 seconds west and the
12 easterly prolongation of said line at a point
13 1935.49 feet north of the south quarter corner of
14 said Section 23 in Kendall County, Illinois.
15 MR. JAMES: So moved.
16 MR. BOCK: Second.
17 MAYOR PROCHASKA: Moved and
18 seconded. May I have roll call, please?
19 MS. MILSCHEWSKI: Wolfer.
20 MR. WOLFER: Aye.
21 MS. MILSCHEWSKI: Leslie.
22 MR. LESLIE: Aye.
23 MS. MILSCHEWSKI: Besco.
24 MR. BESCO: Aye.
Depo Court Reporting Service (630) 983 -0030
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1 MS. MILSCHEWSKI: Bock.
2 MR. BOCK: Aye.
3 MS. MILSCHEWSKI: Spears.
4 MS. SPEARS: Aye.
1 {
5 MS. MILSCHEWSKI: Burd.
6 MS. BURD: Aye. j
7 MS. MILSCHEWSKI: Munns. l
I
8 MR. MUNNS: Aye.
9 MS. MILSCHEWSKI: James.
10 MR. JAMES: Aye.
11 MAYOR PROCHASKA: Motion is carried.
12 We are now in public hearing. Is petitioner --
13 MR. PHILIPCHUCK: John Philipchuck,
14 attorney on behalf of North Star Trust Company,
15 Trust No. 06 -9993, with offices at 123 Water
16 Street, Naperville, Illinois.
17 In the event that the City of
18 Yorkville annexes this property, 759 acres that
19 we recently spoke about, there is a little gravel
20 road that runs between Walker Road and Route 71.
21 It serves a farm residence. That's the only one
22 that's located on that road of our -- my client.
23 It is obviously a distance from
24 the balance of the heart of the City. We see no j
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1 need for that particular road.
2 It's our intention to be able
3 to take that residence and those buildings down,
4 and, as a result, we are requesting that the City
5 Council consider the vacation of that road
i
6 because it doesn't make really any sense to
7 continue the ongoing maintenance of that
8 particular road, send plows out there to plow,
9 et cetera, so we're asking that you consider a I
10 vacation of that road.
11 MAYOR PROCHASKA: Okay. And I'd
12 open the floor. Sir, do you want to like to come
13 up?
14 MR. PARISH: I guess here again
15 that's convenient -- Ron Parish. I live on
16 Route 71.
17 I do use that road. You know,
18 there is another person here, I own one side of
E
19 71, he owns the other. Can we close that road?
u
20 I'm the only one who uses it.
21 That's exactly what you're
22 asking for. I'm totally against it. We use that
23 road. It's not just his road. It happens to be
24 just his house on it. j
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1 MAYOR PROCHASKA: Thank you. All
2 right.
3 Mr. Gilmour?
4 MR. GILMOUR: Forgive me, I am new
r.
5 at this. You have not approved the annexation
6 agreement on any of these properties that we've
7 talked about? Have you had a vote on that?
8 MAYOR PROCHASKA: No.
9 MR. GILMOUR: No? How can you f
10 propose closing a road and voting on that and you
11 haven't even annexed the property adjacent to it
12 or it's in the City authority? You guys are
13 boggling my mind.
14 MR. PHILIPCHUCK: Sir, I could
15 address that. By statute they're really --
16 they're not even required to conduct a public
17 hearing.
18 They're going the extra mile
19 here to allow the public to make comment about
20 vacating the road. It's not a statutory
21 requirement once the property is annexed.
22 MR. GILMOUR: It has not been voted
23 on yet.
24 MR. PHILIPCHUCK: That's correct.
Depo Court Reporting Service (630) 983 -0030
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1 That's correct, sir, but they are giving you an
2 opportunity and everyone else to make a comment
li
3 and --
4 MR. GILMOUR: Could they wait 30
I
5 days? I mean, would 30 days kill? j
i
6 MR. PHILIPCHUCK: In the event that
7 it's decided that they annex the property, it is
8 within their jurisdiction.
9 My client owns both sides of
10 the road, has no need for the road any longer,
11 and is asking that they vacate.
12 MR. GILMOUR: Once again, I'm amazed
13 at the lightning speed that you people can do
14 business on this particular issue and any other
15 issue it seems like molasses flowing. I'm done.
16 MAYOR PROCHASKA: Understand
17 everyone has the right to ask the question. Yes,
18 ma'am.
19 MS. GILBERT: JoAnn Gilbert. I use
20 that road. I don't understand this. And if you
21 do vacate it, will that land go to Don Hamann?
22 MAYOR PROCHASKA: It goes to the
23 adjoining land owner, so in the event that he
24 owns both sides, that would happen.
i
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1 If it's an area where he owns
2 and someone else owns, it would go -- it's
3 tentatively split down the center and goes to --
4 half goes to each side.
5 MS. GILBERT: So -- Okay. But there
,i
6 is cars that do go down that road, granted, not a
7 lot, but people do use that road.
8 MAYOR PROCHASKA: Thank you for your
9 comment, ma'am. Gentleman in the back.
I'
10 MR. FROST: George Frost from the
11 River's Edge again. Quick question on the road I
12 would like to ask the attorney.
13 Did Mr. Hamann ever approach
14 the County with this same proposal --
15 MR. PHILIPCHUCK: I don't --
16 MR. FROST: -- to vacate the road?
17 Now, that's a county road. That's a county road
18 right now, it's not a village road.
19 MR. PHILIPCHUCK: Sir, I don't think
20 that's a correct statement.
21 MR. FROST: Pardon me?
22 MR. PHILIPCHUCK: I don't think
23 that's a correct statement.
24 MR. FROST: I am asking you, what is
Depo Court Reporting Service (630) 983 -0030
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229
1 correct?
2 MR. PHILIPCHUCK: It's not a county
3 road. It's a township road. It's --
i
4 MR. FROST: Governed by the county, '
5 though, taken care of and maintained by -- it's
6 maintained by the county, correct?
i
7 MR. PHILIPCHUCK: No, sir.
I
8 Maintained by the township. It's a township
9 road. It's a prescriptive right -of -way. It's
10 not a dedicated right -of -way.
11 Mr. Hamann owns the underlying j
12 feet subject to the right of travel over it.
13 MR. FROST: My question still is did
14 he not ask something of the County about vacating
15 that?
16 MR. PHILIPCHUCK: I don't know.
17 MR. FROST: My understanding was
18 that the County told him that he could have it
19 for a million dollars and your -- Mr. Hamann --
20 MAYOR PROCHASKA: Can I ask the
21 County if you could please produce that
22 documentation? Because I've heard that now three
23 times, that the County would take jurisdiction
24 over a township road and offer money for that.
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1 MR. BLAZER: I am not aware where
2 this gentleman got his information, with all due
3 respect.
j
4 The issue of Sleepy Hollow Road j
5 has never been raised with us, nor has any
6 subject of money for Sleepy Hollow Road ever been
r
I
7 discussed with us, so I really don't know where
8 that comes from.
9 MAYOR PROCHASKA: Okay. Thank you,
10 sir. 4
11 MR. FROST: Okay.
12 MAYOR PROCHASKA: Back in the back
13 there, sir. Yeah, you with your hand up, sir.
14 Yes, sir.
15 MR. THUROW: A new face.
16 (Applause)
l
17 WHEREUPON:
18 LOUIS THUROW,
19 testified before the Yorkville City Council as
20 follows:
21 MR. THUROW: I am Louis Thurow and I
22 live at 2588 Route 52, Sheridan, Illinois, and
23 you want to know why I'm here.
24 The piece of property that
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231
i
1 Mr. Hamann is taking into the county with your i
2 ordinance, or whatever you're taking is, part of
3 the Virginia Wells property, which I represent
4 her. She lives in Pennsylvania.
I
5 This road that you are talking
6 about is part of our road, too, and how come that
a
1
7 they haven't been notified -- I am asking this
8 attorney, he knows everything. Tell me why we
9 didn't get notified of this.
10 MR. PHILIPCHUCK: We're not asking
11 for a vacation of the road adjacent to
12 Ms. Wells' property.
13 This is only the portion of the
14 road that is adjacent where Mr. Hamann owns both
15 sides.
16 The portion where you share,
17 we're not asking for the vacation.
18 MR. THUROW: Yeah, but it does
19 include us.
20 MR. PHILIPCHUCK: No.
21 MR. THUROW: Yes, it does.
22 MR. PHILIPCHUCK: Not the portion --
23 You still would be able to maintain your access
24 to your farm.
i
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1 MR. THUROW: No, you missed the
2 whole point of it. It still is our road no
3 matter on either end.
4 You didn't notify us of this,
5 and I didn't g et the notice of this hearing very
C
6 soon. I had to call up this woman that lives in
7 Pennsylvania and tell her two days before I got
8 my letter from your -- registered letter.
9 I feel very insulted. I think i
10 you folks are really on a fast track. But I do
11 think that you can show a little respect,
12 Mr. Hamann, to have -- to show her the respect of
13 closing that road.
14 And I don't think you've got
15 the right. I think the Township's got the right
16 to do it. And I object to this, you taking over
17 or incorporating this adjacent to us.
18 And it adjoins us, the biggest
19 part of it, and it doesn't do -- enhance our
20 value or the County at all, or even the Township
21 at all.
22 Thank you.
23 MAYOR PROCHASKA: Thank you. Is
24 there someone else that would like to speak on
Depo Court Reporting Service (630) 983 -0030
233
1 this subject?
2 MR. MILLIRON: I promise I'll be
3 brief. I have concerns about that road being
4 closed because it would prevent the public from
5 monitoring what would be going on on that site if
6 you go forward with what you think you are going
7 forward with. And we're all against.
8 MAYOR PROCHASKA: Okay. Is there
9 anyone else that would like to give comment on I
10 this particular public hearing?
I
11 (No response)
MAYOR PROCHASKA: Any y discussion
13 from Council?
14 MR. PHILIPCHUCK: I just had one
15 more point, Mayor. Sometime back, the culvert on
16 a low spot on the road went out and the Township
� 1
17 just closed the road for a long, long time before
18 they finally got around to repairing it and then
19 reopening the road, so I just point that out for
20 your information.
21 MAYOR PROCHASKA: Okay. I would
22 entertain a motion to close this public hearing.
23 MR. BESCO: So moved.
24 MS. BURD: Second.
Depo Court Reporting Service (630) 983 -0030
i
234 j
1 MAYOR PROCHASKA: Moved and
2 seconded. May I have roll call, please?
3 MS. MILSCHEWSKI: Leslie.
i
4 MR. LESLIE: Aye.
5 MS. MILSCHEWSKI: Besco.
6 MR. BESCO: Aye.
7 MS. MILSCHEWSKI: Bock.
8 MR. BOCK: Aye.
1
9 MS. MILSCHEWSKI: Spears.
10 MS. SPEARS: Aye.
11 MS. MILSCHEWSKI: Burd.
12 MS. BURD: Aye.
13 MS. MILSCHEWSKI: Munns.
14 MR. MUNNS: Aye.
15 MS. MILSCHEWSKI: James.
16 MR. JAMES: Aye.
17 MS. MILSCHEWSKI: Wolfer.
18 MR. WOLFER: Aye. i
19 MAYOR PROCHASKA: Motion is carried.
20 We are -- That concludes all the public hearings
21 for this evening.
22 (Which concluded the
23 public hearing
24 portion of the
Depo Court Reporting Service (630) 983 -0030
i
235
1 meeting.)
2 --- 000 - --
3
I
4
5
i
6'
7
8
g
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Depo Court Reporting Service (630) 983 -0030
236
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;
i
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 WITNES WHEREOF I have hereunto set
15 and this day of
16 2006.
17
18
19
20
— ------- - - - - -- --- - - - - --
CHRISTINE M. VITOSH, C.S.R.
21 CSR License No. 084 - 002883
22
23
24
Depo Court Reporting Service (630) 983 -0030
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I
Yorkville City Council 237
September 26, 2006
$100,00 47:7, 47:7, 146:3 80:15, 86:5 8282 72:21
86:24, 86:24 19 24:13, 25:8, 48 197:24 83 127:12
$100,000 47:6, 47:6, 25:15, 61:12, 84:5, 5 230:22 8417 32:5, 37:8,
49:16, 49:16, 49:22, 147:4, 148:14 50 20:14, 47:8, 61:8, 65:23, 65:24
49:22, 50:7, 50:7 1935.49 223:13 119:11, 205:2 8450 215:13
$2 205:1 1:00 219:10, 219:10 50/5 201:13 8675 70:17
$2.5 204:19 2 223:6 50/50 200:17, 200:17 8714 65:22
$2.50 204:24 20 6:1, 6:2, 55:8, 511 138:23 8730 44:14, 129:9
$25,000 191:3, 191:3 152:21 514 95:14 89 223:10
$30,000 191:8, 200 78:19, 82:2, 53 86:2, 86:6 8th 135:19, 171:6,
191:8, 192:2, 192:2 97:1, 97:2, 97:6, 97:6 55 10:24, 14:13, 171:15, 189:5,
$300,00 50:1, 50:1 2005 82:4 223:11 203:17 h
$4 190:24 2006 189:11 553 -4350 184:21 9 118:1
$4,000,00 122:13, 2006 -4 7:18, 125:2 58143:7, 134:10, 9 -20 196:2
122:13, 122:13 2006 -44 75:1, 75:4 186:14 90 117:15
$4,000,000 196:4, 2006 -6 4:6, 154:22 6 223:7
196:4, 196:4 2006 -7 76:5 609 188:3
$50,000 50:1, 50:1 2006 -71. 74:14 61 22:18 < A >
$500,000 47:22, 2006. 236:18 6165 35:5 A -1 7:23, 7:24, 15:1,
47:22, 49:14, 49:14, 2012 164:1 65 149:18 15:5, 44:7, 76:11, p
58:17, 58:17, 86:18, 2047 114:13 7 19:23, 76:16, 125:7, 155:3, 155:4,
86:18, 86:20, 86:20, 21 41:8 155:9, 156:20, 157:8, 157:1, 157:3, 157:4,
86:21, 86:21 23 29:3, 223:14 159:24, 194:20, 163:11, 163:18
$750,000 58:19, 25 192:15 194:21, 223:5, abdicating 189:2
58:19 25,00 47:8, 47:8 225:19 ability 105:21
--- oOo - -- 235:2 255 9:24 71 8:5, 10:1, 12:10, able 16:9, 63:24,
68:22 258 8:5 19:24 21:14 66:9 72:4
0611 , 79:3, 101:17,
06 -16 167:15 2588 230:22 70:21, 71:1, 71:6, 179:22, 192:20,
06 -999 76:6, 78:1, 25th 128:6 71:22, 78:3, 86:7, 205:10, 211:6, 214:7,
154:23, 224:15 26 217:13, 223:11 125:16, 127:13, 225:2, 231:23
06 -9993 156:13 27 195:19, 198:3 127:18, 131:10, abomination 20:13,
084- 002883 236:24 30 51:20, 227:4, 156:21, 163:9, 85:15
1,258 4:13, 4:13 227:5 185:24, 194:17, above 135:9, 166:20
100 61:8, 201:15 30 -day 119:2 200:2, 214:17, above - entitled 1:7
11571 19:23 30 -mile 119:16 223:10, 224:20, absolute 148:4
119th 51:19 30th 51:20 225:16 absolutely 85:15
123 77:23, 156:11, 34 4:14, 67:10, 80:9 75 86:11 abundantly 213:17
224:15 36 223:6 759 103:1, 224:18 accede 166:4
14 223:6 38 112:11, 195:23 759.7 155:8 accept 8:11
15 67:1, 100:20, 39.2 167:11, 167:16 760 156:16, 163:5 access 12:14, 117:7,
172:7, 177:21 3:00 26:14, 26:14 7:00 1:9, 1:9 231:23
15 -acre 78:1 4 86:2, 117:12 7th 175:18, 205:7 accordance 17:23,
15.32 76:15, 82:6 4.2 204:20 80 125:15, 128:18, 81:7, 190:16
15th 18:3 40 85:10, 136:23 133:24, 151:17, account 121:1,
16 203:18 40 -acre 17:11 151:20, 152:8, 180:1 121:1
17 31:10 400 -foot 159:6 800 1:9 accountable 123:8
1700 127:2 47 20:13, 20:13, 8190 150:10 accustomed 57:5
180 117:19, 146:1, 63:6, 66:17, 80:12, 8262 184:3 acknowledge 10:15
Depo Court Reporting Service (630) 983 -0030
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Yorkville City Council 238
September 26, 2006
acknowledged 129:17, 141:13, Agency 136:12 129:23, 163:12,
219:2 166:2, 209:6, 216:18, agenda 19:15, 34:3, 226:19
Acorn 112:12 216:23, 221:2, 59:1, 74:2, 90:11, allowed 158:9,
acres 8:5, 9:24, 226:15 91:21, 118:7, 165:6, 182:14, 187:2
10:24, 14:13, 51:6, addressed 24:17, 196:23, 197:19, allows 79:7, 79:21
76:15, 82:6, 100:20, 104:12, 192:5, 192:9, 197:24, 198:13, almost 139:2,
103:1, 125:15, 205:17 198:21, 208:13, 173:23
127:12, 128:18, addressing 174:7 209:13, 219:12 alone 123:12
133:24, 151:17, adequately 170:23 ago 83:8, 83:12, already 11:7, 21:9,
151:20, 152:8, 155:8, adhere 133:6 85:22, 88:16, 139:2, 21:16, 30:9, 35:14, f
156:16, 163:5, adjacent 149:3, 140:17, 146:1, 43:12, 43:18, 43:18,
224:18 226:11, 231:11, 146:13, 146:19, 44:1, 44:2, 86:8,
across 12:9, 39:5, 231:14, 232:17 180:23 86:13, 187:1, 187:5,
51:24, 63:11, 150:10 adjoining 23:14, agree 37:1, 73:9, 212:12
Act 57:2, 103:5, 26:5, 227:23 142:22, 165:15, alternative 52:17
118:18, 167:12, adjoins 232:18 165:17, 165:23, Although 10:10,
167:16, 180:19, adjourned 108:15 166:4, 166:12 15:9
188:15, 188:18, adjustment 13:9 agreeable 95:19 amazed 227:12
203:22, 213:10 administrative agreed 176:10, amended 181:2
acting 54:14 121:24 183:4, 191:22, amendment 15:17
action 122:2, 123:1, Administrator 2:10, 191:23 American 54:8
123:3 45:11, 172:11 agreeing 165:14 among 50:5, 118:19,
active 165:11 admitted 210:18 agreement. 167:2 175:23 I
activities 15:14 adopt 95:20, 134:20, agreements 41:10, amongst 85:22 i
actual 29:22, 71:20, 150:24, 190:12 41:16, 41:23, 62:5, amount 45:23, 47:6,
74:2, 91:20, 107:14 adopted 78:18, 82:3, 63:24, 98:11, 137:7, 47:10, 47:17, 50:13,
Actually 13:2, 33:20, 107:1, 107:13 137:8, 143:5, 143:23, 50:14, 159:21,
39:23, 51:5, 51:23, adopting 150:18 147:15 175:23, 176:2, 177:4
58:15, 59:13, 69:19, adopts 109:13 Agricultural 7:24, amounts 46:9, 46:9,
92:4, 93:14, 98:10, advance 171:24 11:11, 11:14, 14:24, 113:15
106:13, 115:15, advantage 12:13, 15:13, 44:7, 125:7, anguish 179:2
144:3, 146:17, 80:8, 80:23, 138:11, 155:4, 160:21 ANN 2:9
147:22, 159:19, 138:15 agriculture 10:17 annex 9:21, 13:13,
171:15, 194:10, advice 183:15 ahead 29:22, 37:7, 14:7, 25:12, 41:18,
196:22, 206:14, advise 164:17, 43:16, 162:2 52:9, 61:22, 66:18,
209:7, 215:22, 170:11 Albert 17:7 68:10, 68:18, 72:2,
215:23, 218:5 advised 56:12, Alderman 2:3, 2:4, 78:8, 79:6, 79:14,
add 135:8, 147:21, 169:5, 172:18, 174:1, 2:6, 2:7, 2:8, 2:9, 93:14, 128:1, 146:21,
177:8, 181:13 174:23 69:13, 186:5 148:2, 152:3, 182:18,
adding 137:6 advisory 53:23 Aldermen 32:9, 209:11, 211:5, 227:7
additional 135:2, affect 13:7, 59:6, 56:13, 82:19, 118:12 annexations 23:23,
135:8, 137:15, 66:16 Alderwoman 2:5 81:5, 97:6, 99:4,
190:23 affected 66:22 alignment 131:9, 113:17, 141:11
address 3:22, 16:2, aforesaid 236:14 132:1, 132:9, 132:12, annexed 10:7,
65:13, 65:18, 70:15, afternoon 6:1, 6:2 132:13, 132:15, 10:23, 21:21, 21:22,
72:11, 99:21, 100:6, Ag 157:1 163:7, 163:9 31:15, 32:15, 32:18,
102:16, 104:7, Ag -1 29:18, 199:4, Allegiance 3:9, 3:10 37:4, 41:24, 42:14,
104:11, 119:8, 199:7 allow 28:17, 80:24, 49:3, 59:9, 79:20,
Depo Court Reporting Service (630) 983 -0030
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Yorkville City Council 239
September 26, 2006
80:4, 86:8, 86:14, 34:12, 34:21, 60:21, 98:5, 99:24, 130:10, arteries 12:11
98:2, 99:19, 111:19, 95:3, 115:12, 150:5, 167:9, 167:10, ARTHUR 2:2
112:22, 127:6, 135:6, 179:6, 206:3, 212:24, 167:13, 167:20, article 120:11, 196:2
146:13, 153:2, 184:5, 230:16 169:7 articles 171:12
209:21, 210:3, applicable 117:6 approve 81:17, articulately 188:12
215:16, 226:11, applicant 53:13, 116:16 aside 209:24, I
226:21 78:8, 156:23, 173:20 approved 34:1, 209:24, 210:5 I
annexes 224:18 applicants 177:4, 115:2, 115:2, 117:20, asks 73:21, 86:18, !
annexing 11:21, 192:14, 203:10, 142:23, 142:24, 110:4 {
20:9, 24:7, 32:15, 219:16 149:6, 150:2, 191:12, Assembly 180:13,
157:4 application 4:7, 226:5 180:22
answered 38:24, 7:19, 9:20, 11:1, approximately 4:13, assigned 99:3 b
61:16, 93:19, 201:5 25:9, 25:10, 36:1, 9:24, 71:8, 76:15, assigning 11:5
answers 90:21, 36:2, 36:23, 37:2, 125:15, 128:18, assist 49:11, 164:17
150:19, 151:1, 151:7 37:3, 44:18, 45:20, 155:8, 156:16, assisting 52:18 j
anticipate 213:17 49:1, 58:16, 61:24, 156:19 associated 171:13
anticipated 96:24, 76:7, 117:9, 117:13, April 205:7 assuming 191:11
127:16, 164:1 117:16, 118:11, area 14:18, 19:10, assure 89:24, 175:4, E'
anticipates 131:20 125:3, 142:5, 154:24, 36:10, 38:8, 39:16, 180:9, 181:8
anxious 114:24 160:6, 160:23, 165:4, 42:8, 42:10, 42:11, attached 168:13
Anybody 17:15, 167:8, 167:20, 51:11, 71:2, 79:10, attachment 128:16
21:12, 22:7, 31:21, 169:15, 169:18, 82:7, 98:15, 100:10, attack 164:21
38:12, 46:18, 59:18, 179:15, 181:10, 129:1, 129:13, attended 218:12
88:4, 107:6, 110:7, 182:2 129:19, 131:13, attention 12:20,
110:10, 120:15, applications 29:17, 146:2, 150:3, 158:4, 82:23, 82:24, 83:3,
123:21, 139:18, 179:17, 188:23 158:13, 158:14, 83:4, 83:21, 88:12,
139:19, 153:12, applied 47:17, 158:15, 158:23, 90:1, 146:14, 174:9
162:6, 200:5, 200:22, 119:17, 158:5, 162:23, 163:2, attest 37:11
202:5, 209:6 209:12, 213:14 172:17, 179:10, attorney -at -law 9:17
anyway 36:14, 54:7, applies 149:7, 186:23, 187:5, attorneys 166:24,
118:7 178:20, 180:24, 211:18, 228:1 167:4, 171:2, 176:18,
apologize 150:23, 181:1 areas 51:14, 51:15, 220:5
174:7, 201:10 apply 137:2, 169:6, 57:15, 79:9, 79:15, AUDIENCE 3:13,
apparent 172:15 199:20, 214:1 80:1, 80:22, 119:10, 6:7, 26:18, 27:9,
apparently 67:17 appreciate 67:21, 168:18, 169:1, 176:1 31:3, 34:12, 44:4,
appeal 53:13, 54:11, 82:18, 182:12, 193:9, argument 29:10, 91:12, 174:3, 176:13,
169:18 206:10, 221:22 153:5 192:12
appeared 2:16 appreciated 66:19 arises 172:2 audio 18:8, 50:9
appears 177:17, approach 228:13 arm 138:10 August 18:3, 18:12
212:10 approached 19:11, around 19:10, 30:2, Aurora 127:3,
appellate 54:15 21:12, 39:7, 44:2, 39:17, 39:21, 40:6, 127:23
Appendix 168:19, 171:16 40:12, 51:14, 55:12, authority 134:11,
168:20 appropriate 15:10, 59:20, 60:6, 66:20, 134:20, 135:3, 135:8,
applaud 34:16 131:6, 132:18, 135:24, 170:18, 137:16, 213:11,
applauding 34:13 163:12 174:6, 181:8, 233:18 226:12
Applause 16:7, 22:1, appropriately Art 23:13, 48:8, 61:5, authorized 86:21,
25:16, 26:9, 26:13, 193:12 92:3, 112:17, 197:6, 170:10
26:20, 27:1, 28:14, Approval 9:20, 81:6, 197:16, 200:24 avail 99:17, 101:9
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 240
September 26, 2006
available 101:13, bad 31:17, 38:4, 202:7 best 34:11, 97:2,
132:4 122:6, 174:6, 188:8 begin 99:11, 198:21 97:4, 109:8, 143:22,
Avenue 43:8, bags 157:19 beginning 33:9, 160:8, 178:9, 178:17,
134:10, 186:15 balance 11:9, 23:9, 171:17, 191:21, 181:11, 187:7,
avoid 170:3, 178:23, 49:19, 53:2, 139:23, 219:23 193:20, 207:6, _
179:1, 179:1 140:2, 140:3, 140:5, behalf 2:16, 10:8, 212:22, 214:20,
avoidable 178:24 140:8, 145:6, 224:24 50:11, 166:19, 167:5, 217:12, 218:1
avoiding 182:19 balanced 57:8 216:5, 224:14 better 25:19, 52:22,
aware 68:22, 69:13, balances 54:9, behind 23:18, 24:7, 66:14, 72:4, 72:7,
141:6, 185:6, 185:9, 54:10 48:14 96:14, 120:19,
230:1 balancing 57:2, Believe 4:3, 11:21, 120:19, 165:2,
away 51:6, 55:9, 122:20, 145:20 12:15, 23:2, 23:2, 165:19, 178:10,
58:23, 107:23, 141:4, Banks 18:21, 18:24, 36:19, 56:23, 57:7, 179:24, 180:4, 180:5
142:20, 143:6, 144:9, 18:24, 38:22, 38:22, 60:1, 70:20, 73:1, Beverly 7:18, 9:19
152:20, 195:24, 39:14, 40:8, 40:22, 73:21, 83:5, 89:12, beyond 40:17, 135:9
222:24 150:9, 150:9 94:17, 97:23, 100:7, bias 109:6, 109:12,
awfully 194:18 Barb 215:9, 215:12 100:8, 106:5, 112:17, 110:2
BARNES 35:2, 35:5, 113:1, 127:21, 139:3, bidding 24:19
35:5, 52:8, 54:2, 141:3, 149:8, 166:16, big 38:7, 39:15,
< B > 54:24, 211:4, 211:21 182:22, 199:13, 52:1, 61:11, 147:13,
B -3 4:10, 7:24, 8:1, BARNHART 47:22, 208:16, 209:6, 218:6, 162:1, 201:13
10:24, 14:14, 17:12, 166:8, 167:4, 172:9, 218:9, 221:1 bigger 69:20
17:20, 18:15, 20:22, 211:16, 221:8 belongs 38:14 biggest 232:18
39:1, 76:11, 78:15, base 84:20, 84:24, below 47:8, 113:7 Bill 108:9, 184:19
82:8, 110:15, 116:14, 84:24, 85:8, 85:8, benefit 40:13, 101:6, Billachuck 210:11
125:11, 127:8, 87:23, 98:22 121:11, 127:22, Billchuck 102:16
127:11, 128:20, Based 56:24, 63:24, 143:3, 143:4 bills 108:7, 192:2,
149:10, 151:20, 98:24, 113:23, benefits 54:17, 192:3
151:23 131:24, 152:12, 121:19 Birch 31:8, 31:10,
baby 111:4 163:6, 163:16, Berman 196:7 31:10
Back 18:10, 18:15, 182:19 berms 19:3 bit 48:1, 219:6
18:18, 31:3, 31:5, Basically 14:4, 29:4, Bernadette 114:13 blame 164:22
38:13, 58:2, 58:20, 36:14, 130:20, BESCO 2:8, 4:21, Blaze 186:17
59:14 59:15 64:4 146:14 221:20 4:22, 7:10, 7:11, 9:4, block 67:9
69:6, 82:16, 83:9, basis 201:1 9:5, 26:22, 27:20, blow 175:5
84:4, 91:1, 91:24, Batavia 51:10, 59:19 27:21, 65:6, 69:14, blowing 35:14,
92:14, 132:9, 145:24, bath 111:4 75:20, 75:21, 77:8, 59:20
148:21, 150:2, 150:7, Beach 134:23, 135:2 77:9, 124:3, 124:15, Board 10:10, 30:15,
158:6, 158:8, 166:12, bears 223:10 124:16, 126:9, 54:2, 60:20, 85:22,
174:19, 182:22, beautiful 139:5 126:10, 153:23, 104:12, 118:12,
187:4, 189:19, 205:4, became 191:10 154:9, 154:10, 134:6, 134:16,
206:7, 209:14, 228:9, become 18:11, 57:5, 155:11, 155:21, 134:19, 139:15,
230:12, 230:12, 118:13, 171:4 155:22, 204:5, 222:3, 167:8, 167:18,
233:15 becomes 59:11 222:11, 222:12, 169:20, 170:13,
backdoored 60:6 began 171:21, 223:23, 223:24, 172:9, 173:12, '
background 58:13 175:11, 189:10, 233:23, 234:5, 234:6 179:19, 186:18,
backyard 37:16, 189:14 Besides 94:12, 200:23, 207:3,
210:23 begging 87:13, 136:17, 212:9 207:13, 212:20,
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 241
September 26, 2006
217:18, 217:21, brief 81:13, 233:3 124:22, 126:15, candy 23:14, 26:4
218:4, 218:10, briefly 193:11 126:16, 146:12, cap 85:13
218:16, 218:20, bright 63:10 146:22, 147:3, capacity 120:9
218:22, 219:5, bring 11:23, 39:16, 153:24, 154:15, car 86:10, 110:5
219:13, 219:20, 40:11, 57:7, 85:4, 154:16, 156:3, 156:4, care 57:13, 88:3,
220:11, 220:14, 86:7, 140:15, 145:12, 222:17, 222:18, 88:10, 184:15, 185:2,
220:18 158:20, 198:24, 224:5, 224:6, 233:24, 185:22, 220:4, 229:5
Boards 135:7 206:19, 218:20 234:11, 234:12 CARLSON 138:20,
boat 138:12, 144:18 bringing 10:6, 63:13, burden 79:19 138:23, 138:23,
Bob 102:14, 210:9 84:21, 140:23, 219:8, burdens 79:14 139:21, 140:7,
BOCK 5:11, 5:12, 221:4 Burr 141:6 140:11, 140:14,
6:17, 7:8, 7:9, 8:13, Bristol - kendall 13:1, Business 4:11, 8:1, 141:12, 142:3, 142:7,
9:6, 9:7, 27:18, 73:12, 100:14,
10:24, 11:6, 17:12, 142:14, 144:12,
27:19, 75:22, 75:23, 100:22 26:4, 29:20, 42:8, 145:2, 146:9, 146:20,
76:18, 77:10, 77:11, broader 117:2 42:15, 42:19, 51:14, 146:24, 147:4,
124:17, 124:18, Brockovich 210:22 76:12, 104:7, 104:11, 147:11, 148:1, 148:8,
125:21, 126:11, broken 24:11 125:11, 196:16, 148:11, 148:17
126:12, 154:11, brought 12:20, 196:16, 227:14, Carol 17:6, 112:8,
154:12, 155:23, 39:22, 57:21, 83:1, 236:8 112:11
155:24, 222:13, 105:23, 159:13, businesses 51:2, carried 5:13, 7:12,
222:14, 223:16, 160:3, 197:17 51:21, 89:22, 102:21 9:8, 76:2, 77:14,
224:1, 224:2, 234:7, BROWN 157:18, buyers 79:23 124:23, 126:17,
234:8 183:24, 184:3, 184:3, 154:19, 156:7,
body 43:17, 113:14, 184:10, 184:18, 222:23, 224:11,
167:18 184:20, 184:23, < C > 234:19
boggling 226:13 185:6, 185:9, 185:19, C. 42:13 carry 159:8, 173:6
book 83:16 186:2, 186:11 C.S.R. 1:8, 236:23 carrying 79:18
border -to- border buck 195:19, California 134:24 cars 86:13, 228:6
181:6 195:19, 198:3 Call 3:5, 4:20, 6:19, case 24:11, 36:19,
borders 40:18 buffer 17:23 8:15, 27:4, 27:11, 48:23, 54:14, 113:10,
Borneman 7:19, buffering 17:18 38:3, 38:4, 74:18, 118:15, 147:9,
J 9:18, 9:19, 9:19, build 137:2, 176:2 75:9, 76:21, 83:2, 152:17, 167:24,
17:5, 19:2, 48:4, 78:5 builder 109:4 85:22, 88:19, 111:12, 221:1, 221:2
Bornemans 9:18, building 29:19, 111:14, 121:21, cash 41:12, 42:3,
9:23, 18:10, 19:9, 41:13, 42:3, 98:5, 122:23, 124:6, 42:9
20:19, 42:18, 194:22, 107:12, 133:5, 137:1 125:24, 154:2, cast 93:4
194:23, 195:2 buildings 136:20, 155:14, 170:9, cat 206:23
bottle 194:1 225:3 174:22, 184:14, causing 37:20
bottom 181:9 built 18:14, 21:18, 184:21, 185:23, caution 67:14, 89:14
bound 176:22 85:1 217:9, 220:19, 222:6, cautioning 89:6,
boundaries 79:1, bulletproof 144:4 223:18, 232:6, 234:2 89:7
79:5, 180:15 bully 189:1 called 23:21, 83:12, cautious 161:23
boundary 70:23, BURD 2:5, 5:7, 5:8, 88:23, 172:4, 174:21 ceases 26:17
71:4, 127:15, 162:22 7:4, 7:5, 8:18, 8:19, calling 15:18 Center 4:15, 228:3
boy 52:2, 52:2 27:14, 27:15, 46:24, calls 61:9, 61:16, cents 191:2, 191:19,
brand 145:3 47:3, 74:19, 74:20, 78:17, 111:20 205:2
break 21:6 75:10, 75:11, 76:22, candidate 30:9, certain 121:14,
breathe 84:12 76:23, 124:4, 124:21, 212:17 136:6, 138:8
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 242
September 26, 2006
certainly 39:10, 236:23 91:13, 91:16, 124:1, 188:8, 192:8
72:9, 115:5, 133:11, Church 118:14, 153:22, 215:4, 222:1, commercial 14:21,
159:3, 160:2, 161:1, 172:9 225:19, 233:22 20:21, 79:15, 79:20,
221:21 circumstance 50:4 closed 3:17, 23:18, 80:5, 80:10, 80:14,
Certified 236:7 circumvent 59:14 37:13, 51:20, 233:4, 82:8, 99:1, 99:7,
cetera 225:9 citation 180:20 233:17 134:16, 139:17,
chain 23:15, 26:6 cite 105:22 closest 67:13, 89:11, 140:5, 140:6, 144:22,
chair 183:16 cities 188:20, 190:15 89:12 145:7, 208:3
Chairman 106:15, citizens 12:1, 24:1, closing 176:12, Commission 13:21,
172:9 24:17, 57:22, 79:12, 226:10, 232:13 13:24, 14:1, 14:5,
chairs 92:20 127:1, 147:1, 157:22, Coan 149:15, 14:16, 78:13, 81:14,
challenge 56:17, 207:24, 215:22 149:18, 149:18 89:16, 89:17, 89:18, p
93:5, 94:20, 94:23, civics 135:20 Code 45:12, 45:13, 92:24, 95:11, 102:12,
143:2, 145:18, claim 191:6 107:3, 107:14, 112:9, 128:5 1
192:20 clapping 26:17 107:20, 184:17, Commissioner
challenging 56:13 clarification 13:16, 184:17, 213:10 108:19
chambers 170:8 81:23 codes 107:1, commitment 56:14,
chance 200:17, clarify 112:15 107:12, 121:6, 137:1 56:18
216:10 clarity 110:23 coincide 132:17 commitments 56:24
change 10:20 13:6 class 20:22 140:23 collects 49:20 committed 101:15 1
17:14, 21:4, 29:17, classification 10:12, colored 14:16 Committee 34:11,
29:23, 33:9, 50:5, 10:21, 11:6, 11:11, comes 25:12, 37:14, 123:7, 218:13,
149:24, 150:2, 14:14, 15:1, 15:11, 51:13, 63:16, 96:9, 218:16, 219:4,
170:19, 182:9, 82:9, 128:19, 129:21, 107:4, 116:24, 219:10, 220:10
213:10, 217:1, 217:6 129:22, 130:7, 122:15, 134:16, common 108:11,
changed 18:12, 130:13, 131:2, 158:5, 230:8 108:16, 202:22
34:2, 105:8, 144:4, 163:16 comfortable 212:18, Commonwealth
168:9 classifications 213:21, 220:17 159:5
changes 82:13 11:12, 131:23 coming 22:19, communicate 218:3
changing 199:8 classified 10:24 34:15, 59:15, 67:16, communicating
charged 89:9, 89:15 clean 35:20, 49:12 80:24, 84:7, 110:14, 219:19
charm 56:22 cleaned 20:16 115:7, 139:4, 140:4, communication
chastised 83:7 cleaning 20:16 140:16, 153:4, 158:3 175:19
chastising 89:6 clear 50:21, 93:7, commencing 171:19 communities 40:21,
cheap 203:11 191:10,213:8, comment 63:4, 145:22, 190:18,
cheaper 45:21 213:12, 213:17, 90:21, 119:4,119:4, 212:9
check 85:12, 185:1, 214:3 141:16, 142:10, community 57:1,
195:12 clerical 13:8 142:13, 142:15, 57:4, 57:5, 63:12,
checking 207:7 Clerk 2:12, 166:9, 153:18, 176:12, 80:11, 139:11, 140:1,
checks 54:9, 54:10, 166:17, 168:15 226:19, 227:2, 228:9, 140:23, 159:15,
185:23, 191:8 client 191:4, 205:4, 233:9 159:18, 159:20,
cheering 26:17 224:22, 227:9 comments 3:23, 167:2, 170:18, 190:8,
Chicago 122:24 clients 127:24, 15:23, 31:24, 62:24, 190:9, 192:23,
children 6:1, 63:14 203:9 88:13, 90:3, 123:22, 193:20, 215:21,
choose 39:12, 133:8 clippings 37:19 139:9, 153:9, 164:3, 216:7
chose 85:13, 197:14 close 6:14, 31:1, 165:4, 165:18, companies 133:8
CHRISTINE 1:8, 67:23, 74:13, 75:4, 166:18, 183:20, Company 17:1, 76:5,
41:4, 41:7, 236:6, 88:20, 88:24, 89:10, 186:8, 186:9, 186:16, 77:24, 133:2, 154:22,
i
Depo Court Reporting Service (630) 983 -0030
I
i
Yorkville City Council 243 j
September 26, 2006
156:13, 224:14 160:13 construed 188:19 copied 219:21
compared 146:18 conduct 13:22, contact 58:12, copies 13:2, 13:3
compelled 202:18 81:14, 188:21, 118:10, 174:17 copy 12:16, 166:15,
competition 24:20 226:16 contain 137:7 167:22, 168:10
complaining 144:6 conducted 78:5, contains 236:14 core 85:10
complains 159:15 82:2, 118:9, 128:5, contents 50:3 corner 4:14, 14:19,
complaints 123:9, 221:21 context 176:15 64:12, 78:2, 110:15,
144:7 confidence 113:21 contiguous 10:4, 127:13, 223:13
complete 166:15 confirm 112:23 78:4, 96:19, 96:21, corporate 79:1,
completely 82:6, conflict 105:18 127:9 79:5, 100:9
165:18, 202:20 confusing 142:2 continuation 28:14, Correct 45:14, 46:5, f
complex 170:23, congestion 57:14 163:13 46:6, 73:2, 96:12,
176:17 connect 26:6 continue 26:13, 100:2, 108:4, 108:8,
complicated 176:19, connecting 198:18 26:21, 28:2, 29:17, 137:3, 146:16, 152:1,
176:24 connection 127:5, 47:14, 79:12, 115:5, 160:23, 181:23, j
component 203:19 167:7 157:12, 225:7 182:9, 182:15,
components 80:14 consensus 175:1 continued 175:8, 182:16, 195:20,
compost 37:10, conservation 57:14 175:13 226:24, 227:1,
37:11, 84:11, 111:13, consider 11:5, 81:4, continues 40:17 228:20, 228:23,
157:15, 184:12, 181:10, 214:21, continuing 79:14 229:1, 229:6, 236:13
186:22, 187:4 216:13, 225:5, 225:9 contrary 193:15 correspondence
composting 37:23, considerable 190:23 Control 53:3, 54:20, 168:11
72:4, 158:2 consideration 70:1, 62:18, 62:19, 72:5, CORRINGTON 70:6,
Comprehen 29:11 78.11, 90.24, 91:20, 72:9, 79:21, 107:11, 70:9, 70:16, 70:16,
a
concept 147:23, 92:8, 96:3, 123:14, 109:14, 117:11, 71:7, 71:13, 71:17,
152:4 206:20, 208:1 121:12, 122:11, 71:23, 72:13
conceptual 132:16 considered 113:3, 122:15, 122:18, cost 46:14, 46:19,
concern 18:4, 18:16, 138:10, 167:17, 135:7, 136:5, 141:19, 86:17, 86:19
56:21, 109:6, 139:7, 199:5 142:16, 143:17, costing 60:9
147:13, 173:14, considering 176:7, 143:21, 143:22, costly 177:1
215:15, 215:18, 180:3 145:13, 162:3, 162:6, costs 46:2, 49:24,
218:23 consignment 158:21 162:8, 167:14, 58:20, 203:1
concerned 109:12, consistent 11:1, 167:21, 169:19, Cotswold 22:18,
203:13 11:13, 11:22, 14:20, 176:4, 182:7, 187:17, 41:8, 149:18
concerning 166:20, 15:9, 82:9, 127:20, 188:22, 189:18 counsel 108:3,
167:1, 168:21 128:24, 130:8, controlling 141:17 164:15, 202:17
concerns 22:7, 132:14, 163:18, convenient 225:15 count 57:1
22:23, 182:22, 163:19 conversation 108:13 counties 136:1,
221:10, 221:15, consists 4:12, 8:4, conversations 99:11 180:13, 188:15
233:3 76:14, 125:14, convince 121:2 country 55:14
concluded 234:22 127:11, 155:7, convolutes 52:20 Countryside 139:4
concludes 234:20 156:15 cook 30:8 County -wide 181:3
condition 143:23 constituents 61:9, cooperate 172:19, Couple 13:20, 16:8,
conditioned 121:17 216:2 174:15, 175:6, 207:2, 20:3, 32:7, 56:16,
conditions 54:16, Constitution 135:21 209:1 62:10, 64:19, 113:7,
117:23, 142:21, constrictive 176:20 cooperation 172:13 120:17, 199:14,
142:24, 143:2, 144:1, constructing 132:3 coordinator 45:10, 202:19, 214:7
144:3, 147:19, construction 29:20 184:11 couples 147:7
Depo Court Reporting Service (630) 983 -0030
Yorkville City Council 244
September 26, 2006
course 11:14, 12:4, dated 76:6, 154:22, deduction 204:22 designed 53:8
117:21, 133:8 168:22 deemed 117:20, desire 27:2
court 54:15, 60:10, Davidson 218:23, 131:6 desk 14:2
218:8 219:6 defeated 28:14, destiny 79:4
cover 202:21 Day 118:1, 118:12, 32:16 detail 132:8, 137:13
coverage 100:9 150:13, 171:14, defer 52:14 detailed 203:17 I ,
covers 70:21 207:20, 210:21, Define 204:3 detained 42:4
Craig 7:18, 9:19 236:17 definitely 151:23 deteriorate 114:22
creating 159:19 days 24:14, 25:8, degree 175:20 determination
Creek 58:9 25:15, 61:12, 84:5, degrees 223:11 122:9, 167:19, 178:8,
crews 157:19 92:5, 114:3, 117:15, Del 63:9 180:23, 181:2
criteria 17:22, 53:1, 117:19, 147:5, deliberately 68:17 determine 179:23
53:2, 53:6, 54:7, 148:14, 152:21, delivered 13:4, determined 116:21,
161:17, 166:3, 192:15, 227:5, 227:5, 188:12 133:16
167:17, 176:21, 232:7 demand 97:3, 175:8 determines 79:7,
183:6, 192:21, 193:2, deal 23:17, 137:5, demanding 175:23 96:8
211:15, 213:15, 146:6, 175:1, 196:4, demerits 179:23 determining 200:12
214:1 203:6 democracy 24:10 Dettmer 184:19
criterias 59:24 dealing 43:22, 48:5, density 15:3 develop 15:12,
critical 101:13, 65:7, 65:14, 105:11, deny 112:24 17:21, 42:11, 42:22,
171:22 110:20, 181:22 Department 37:24, 98:1, 159:19, 193:18
CROIS 2:10 dealings 17:7 100:24, 101:8, developed 39:23,
crops 158:11 deals 73:18, 106:7, 105:13, 105:15, 42:5, 101:17, 192:17
cross - examine 4:2, 183:5, 184:12 105:17, 111:3, developers 25:19,
192:16 DEAN 2:6 217:10 64:1, 101:20, 119:15
CSR 236:24 debate 23:19, 91:1 depend 103:15 developing 133:1
culvert 233:15 December 132:7 depending 50:2, development 41:13,
curiosity 32:8, 217:5 decide 53:14, 97:6 42:23, 51:14, 64:15,
current 24:20, 113:19, 144:2, 175:6, depends 62:10 79:16, 96:8, 96:9,
107:5, 162:23, 191:12, 213:19 depiction 128:17 97:3, 97:7, 97:10,
163:19, 186:21 decided 23:13, deposit 46:3, 46:11, 97:12, 97:13, 98:16,
currently 10:3, 53:17, 67:17, 130:1, 47:11, 47:15, 49:14, 98:20, 99:7, 101:14,
10:16, 72:3, 80:13, 133:5, 187:2, 227:7 49:16, 50:18, 50:20, 131:20, 133:3,
128:22, 157:3 deciding 53:15 122:3 145:14, 146:5,
curves 71:3 decision 53:10, deprive 188:19 147:14, 147:23,
cut 166:12 53:24, 54:15, 63:23, derives 169:13 159:2, 163:14,
cuts 58:24, 159:20 67:17, 117:18, Derke 2:19, 49:6, 180:16, 186:23,
117:18, 118:11, 49:10, 120:4, 142:11, 189:12
119:6, 140:5, 161:11, 177:3, 199:14 developments
< D > 161:20, 169:19, describe 34:12 80:13, 115:1, 147:10,
D- 805106 1:24 177:14, 186:18, described 166:21, 147:20
D. 202:11, 217:13 186:21, 187:9, 170:22, 199:22, develops 42:7
damages 122:10 187:12, 200:12, 223:8 dial 38:2
dance 181:8 221:20 describing 52:14 Diane 125:2, 127:5
dare 165:12, 182:24 decisions 57:8 design 97:11 dictate 136:23
Darrel 183:24, 184:3 decline 110:9, designated 11:7, DIETER 55:24, 56:3,
date 24:12, 25:7, 114:23 14:18, 79:23, 80:5, 56:4, 151:15, 151:15,
219:8 dedicated 229:10 82:7 152:2, 152:6, 152:8,
Depo Court Reporting Service (630) 983 -0030
Yorkville City Council 245
September 26, 2006
152:10, 152:18, 196:20, 197:10, 152:4, 162:2, 183:13, 106:14, 131:7, 230:2
152:23, 153:8 198:14, 199:1, 199:2, 185:19, 192:23, dug 85:12
difference 48:2, 209:13, 233:12 195:3, 195:17, duly 236:6
50:19, 181:22, 182:5, discussions 90:14, 227:15 dump 35:13, 35:16,
213:13, 213:20, 167:1, 171:22, door 59:14, 139:12, 84:9, 119:9, 123:12,
214:4, 214:10 173:19, 173:22, 190:8 134:3, 210:15
different 46:10, 189:14, 197:13, doors 23:18 dumps 119:17
49:15, 62:5, 108:24, 219:23 doubt 85:1, 165:24 During 59:19, 92:8,
146:7, 147:15, disposal 188:17, down 7:14, 21:8, 191:8, 206:13
147:24, 216:9 195:18, 196:13, 33:19, 42:18, 45:23, dwindling 61:2
differs 189:8 198:4 45:24, 47:6, 47:12, l
difficult 176:14, dispute 169:23 54:3, 54:7, 54:12,
176:23 distance 12:6, 59:5, 60:3, 60:15, < E > GGb
direct 100:10 224:23 61:3, 65:21, 66:17, earlier 48:18, 67:22,
directed 218:15 District 4:11, 7:24, 67:20, 71:1, 71:18, 72:23, 163:22,
direction 11:20, 8:1, 12:24, 13:1, 85:20, 86:7, 93:22, 199:22
57:9, 64:10, 64:10, 41:12, 72:24, 73:2, 109:1, 113:6, 117:12, early 97:6, 101:24
201:18 73:12, 76:12, 96:11, 119:11, 144:10, ears 172:15
directly 175:2, 97:21, 98:2, 100:15, 159:20, 159:22, easement 133:1,
175:12 109:2, 109:3, 125:7, 177:11, 177:13, 133:12, 133:15
disagree 37:1, 125:9, 125:10, 183:16, 185:24, easements 133:4
176:1, 177:2 125:11, 125:12, 206:22, 206:22, easier 148:1
disclosing 194:9 140:15, 140:21, 219:3, 225:3, 228:3, East 8:5, 44:15,
disclosure 194:12 155:4, 157:2 228:6 70:21, 71:1, 129:10,
discovered 12:19 districts 190:15 downstroke 50:8 149:3, 149:9, 155:9,
discretion 177:11 document 14:17 draft 218:19, 219:11 159:16, 223:7
discuss 102:1, documentation drafted 121:24 easterly 223:12
183:21, 193:1, 229:22 drafts 189:18 eastern 97:5, 162:20
196:24, 198:2, 198:3, doing 26:3, 50:11, drawing 140:19 echo 29:3
221:12 61:12, 62:16, 63:21, drawn 58:21, 141:18 economic 60:15,
discussed 59:2, 68:9, 69:20, 80:21, dream 141:3 63:23, 159:2, 216:9
110:18, 173:2, 140:9, 165:21, dribble 136:2 economically 196:8
177:20, 198:12, 177:17, 186:4, drilled 194:24 Edge 58:8, 97:5,
218:11, 218:14, 215:20, 236:8 drilling 195:3 162:22, 206:11,
230:7 dollars 59:4, 121:10, drillings 85:11 210:10, 228:11
discussing 4:6, 177:7, 191:20, Drive 22:18, 29:3, Edison 159:5
7:18, 41:10, 76:5, 229:19 31:11, 41:8, 149:19, educational 6:3
83:19, 125:2, 154:21, domino 23:3 159:16, 185:18, effect 152:21, 153:9
198:20, 198:23, Don 51:19, 102:11, 185:24 effected 163:20
212:16, 223:4 205:22, 206:1, driven 97:3 effective 190:8
discussion 22:22, 227:21 driveway 38:13, efforts 79:12
56:8, 60:23, 70:2, done 21:11, 25:18, 65:19 eight 220:21
74:8, 85:21, 88:20, 42:4, 50:10, 50:10, driving 141:4, either 36:3, 36:3,
91:3, 91:5, 91:7, 56:10, 72:9, 83:24, 159:21, 163:21, 106:1, 142:6, 195:2,
91:14, 92:11, 92:12, 84:5, 85:17, 86:5, 208:8 198:6, 198:11,
110:12, 115:21, 119:2, 123:11, drop 113:6 200:16, 209:12,
122:17, 123:17, 141:10, 143:14, drops 47:8, 47:12 213:14, 213:22,
153:1, 160:3, 186:10, 145:19, 147:6, 147:6, due 42:6, 42:11, 232:3
Depo Court Reporting Service (630) 983 -0030
I
Yorkville City Council 246
September 26, 2006
Eldamain 12:8, enter 78:9, 156:24 16:22, 70:1, 70:9, excellent 221:6
70:19, 70:20, 71:3, entertain 4:5, 6:14, 74:2, 77:24, 81:15, except 39:3
71:9, 71:12, 71:16, 7:16, 31:1, 74:12, 115:20, 115:21, exchange 219:22
71:20 75:3, 76:3, 124:1, 116:21, 127:1, Excuse 45:3, 70:12,
elected 23:5, 36:19, 124:24, 153:21, 156:12, 164:11, 84:22, 104:3, 168:20
93:12 154:20, 215:4, 188:1, 199:5, 202:14, excused 88:23
electrical 107:15, 216:15, 222:1, 223:2, 206:10, 219:12, exercise 142:16
136:21, 159:8 233:22 234:21 Exhibit 14:15,
elects 169:14 entire 20:14, 64:18, event 133:17, 168:13
eligible 212:17 87:10, 117:14, 169:11, 169:17, existing 15:14, 40:2, 3
elsewhere 120:18 118:17, 149:7, 224:17, 227:6, 130:21, 163:13
email 189:11 151:24, 173:13, 227:23 exists 54:19
emails 189:9 193:20, 203:22 EVERETTS 72:17, exit 127:17
emergency 24:15, entity 168:8 72:20, 72:20, 73:17, expand 79:2
24:18 Environmental 74:4, 74:6 expanded 39:21
emotionally 89:9 136:11, 161:2, Everybody 16:13, expanding 11:20
employment 159:22 167:12, 203:22, 19:9, 22:8, 30:18, expansion 39:20
empowered 136:10 203:23 86:16, 114:20, expect 120:18,
empty 92:19 EPA 121:17, 135:1, 117:16, 117:21, 120:19
enacting 101:21 136:18, 176:4 118:2, 120:7, 120:22, expected 99:9, 115:3
enclosed 167:22 Epa- regulated 59:23 122:11, 159:15, expense 196:17
encompass 157:8 erector 159:7 162:3, 178:16, experience 50:11,
encourage 68:4, Eric 125:2, 127:4 186:20, 206:23, 173:9, 177:4
114:16 Erin 210:22 207:20 experiencing 78:24
end 24:7, 26:12, error 12:19 everyone 67:18, expert 58:10
26:20, 27:2, 28:13, errors 210:19 80:7, 192:15, 198:24, expertise 57:16
28:13, 55:19, 60:9, essence 108:6 212:3, 219:8, 219:9, experts 120:22
64:16, 83:6, 112:22, established 98:24 227:2, 227:17 explain 47:3, 48:13,
198:18, 204:2, 232:3 establishes 167:17 everything 21:3, 68:24, 91:13, 103:7
endeavor 103:1 estate 15:3, 15:8, 54:8, 59:10, 135:21, explained 69:7,
ends 71:6, 157:18, 110:9, 115:3, 163:4 136:2, 148:11, 185:1, 199:14
157:19, 178:3 estate -sized 18:14, 219:17, 231:8 explanation 61:6,
enforce 107:9, 55:17 everywhere 59:20, 61:13
185:13, 203:23 estate -zoned 17:11 160:17 exploratory 167:1,
engaging 166:24 estimate 46:13, evidence 53:6, 171:21
engineered 132:13 46:16, 97:2, 97:4 54:13, 122:20, expressing 179:2
engineering 96:21, estimated 46:19 192:17, 192:20, extending 95:16
132:2 et 225:9 193:2, 213:24, 214:9 extension 12:7,
enhance 232:19 ethics 164:23 exact 190:22 70:19, 70:21, 71:9,
enhancements Etna 188:4 exactly 89:7, 105:11, 79:9, 96:5, 145:21
137:16 evaluate 79:24, 177:20, 177:24, extensions 98:15
enlighten 216:24 205:5 207:18, 214:1, 214:2, extent 136:7
enormous 176:2 evaluated 99:13, 225:21 extra 226:18
enough 85:8, 87:3, 163:16 examine 117:16 eyes 172:15, 174:8
212:13, 213:23 Evansville 177:8 example 107:4,
enrich 158:9 evening 5:20, 9:10, 109:2, 134:23,
ensure 173:18, 9:16, 10:10, 13:22, 136:19, 143:24 < F >
180:15 14:2, 15:19, 16:5, exceed 14:13 F. 2:2
Depo Court Reporting Service (630) 983 -0030
1
i
Yorkville City Council 247
September 26, 2006
face 230:15 93:21, 96:15, 96:19, 84:21, 84:23, 143:5, 202:16, 217:24
facile 120:18 97:24, 101:19, 173:17, 190:15, firs 121:20, 165:9
Facilities 50:9, 119:22, 139:23, 198:12, 202:22, First 3:11, 12:20,
136:6, 167:14, 142:4, 144:8, 149:22, 203:6 13:2, 16:17, 19:22,
180:17 152:10, 159:1, feet 4:13, 223:13, 20:6, 22:22, 33:4,
facility 172:16, 185:20, 219:3 229:12 33:22, 51:13, 84:4,
188:22, 189:19, Farm 1:9, 158:24, fell 12:23 90:6, 92:1, 93:20,
191:12 224:21, 231:24 felt 57:16, 89:7, 110:9, 110:10,
facility. 167:21 farmers 158:16, 205:16, 219:6 119:19, 119:19,
(. facing 65:8 158:19 few 51:6, 188:9 120:6, 120:6, 120:13,
fact 12:24, 17:16, farming 10:17, fields 158:7, 205:22, 120:13, 120:16, f
22:9, 43:9, 48:21, 158:4, 158:14, 205:23 121:20, 123:5,
80:23, 98:16, 107:2, 158:15, 158:24 fiery 29:21 164:20, 166:6, 171:7,
115:16, 120:20, farmland 9:24 fifty 196:9, 196:14 171:15, 182:10,
121:3, 136:11, farms 37:11, 66:17, fight 60:16, 60:17, 187:9, 189:6, 196:18,
136:17, 160:24, 158:17 60:18, 60:19, 60:19, 202:21, 203:16,
174:23, 177:15, Farnsworth 127:3 177:18, 178:24, 203:20, 206:12,
209:7, 209:9, 218:11 fast 31:16, 61:7, 207:3 215:16, 216:22,
fact - finding 32:7 197:5, 232:10 figure 169:12 236:6
factor 200:13 fault 122:7, 139:8, file 78:8, 117:9 fiscally 81:3
factories 52:1 157:21, 157:22, filed 4:7, 7:19, 10:9, fiv 208:13, 208:22
facts 161:10, 210:24 48:20, 76:7, 117:13, Five 28:1, 133:22,
161:17, 165:1, favor 14:8, 81:19, 117:19, 120:1, 125:3, 145:4, 197:21,
170:24, 196:19 81:20, 94:19, 128:9, 154:24 197:21, 197:22,
factual 49:12 128:10 files 65:12 208:14
fading 150:21 fear 38:7, 38:7 filing 184:8 flash 30:7
fails 27:24 feasible 196:8 filtering 182:11 floating 170:17
fair 23:9, 23:18, February 82:3, 220:6 Final 63:4, 98:10, floor 13:17, 15:23,
24:1, 24:3, 28:4, federal 135:20, 118:13, 218:19 16:17, 82:14, 129:6,
30:6, 142:17, 142:18, 203:23 finalization 69:12 181:16, 183:19,
143:1, 143:7, 143:10, fee 45:20, 45:23; finalize 193:8 225:12
143:14, 144:1, 46:7, 47:4, 49:17, Finally 163:4, flowing 227:15
161:21, 162:14, 50:20, 190:16, 174:21, 190:23, focus 90:20, 170:21
178:7 190:20, 190:24, 206:14, 233:18 focuses 122:12
fairly 165:10, 179:15 195:18, 196:13, find 54:12, 105:24, Folks 25:6, 39:10,
fairness 57:20, 197:3, 198:4, 204:18 107:14, 109:15, 49:11, 54:12, 67:15,
212:5 feel 32:12, 34:17, 109:18, 165:14 89:8, 89:15, 90:6,
faithful 121:17 35:10, 136:10, 174:6, findings 15:17 91:15, 122:19, 144:9,
fall 12:24, 82:6 188:8, 202:18, fine 53:2, 62:22, 171:23, 182:3, 203:8,
falling 152:15 212:18, 215:23, 86:24, 110:12, 115:8, 222:24, 232:10
falls 11:18, 163:9 216:6, 232:9 122:4, 195:14, follow 6:4, 32:17,
false 43:14, 202:20 feelings 94:2 195:15 157:18, 157:24,
familiar 68:20, fees 41:11, 41:13, finish 109:9, 119:20, 162:9, 174:8, 176:22,
137:12, 180:20 41:13, 41:14, 41:14, 178:15, 208:19 205:23
family -owned 17:1 41:17, 41:20, 42:1, Fire 12:23, 72:24, followed 203:17,
far 11:19, 18:1, 42:2, 42:3, 42:3, 73:2, 73:12, 99:18, 206:1
37:23, 42:2, 62:15, 42:4, 42:11, 42:16, 99:21, 100:14, 203:5 follows 5:19, 9:14,
63:7, 64:1, 82:17, 42:22, 45:16, 84:19, firm 164:13, 171:7, 16:21, 18:23, 19:21,
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 248
September 26, 2006
22:16, 29:1, 31:9, foundation 87:23 149:23 192:12
32:4, 35:4, 41:6, four 14:9, 24:8, furtherance 33:5 geological 160:9,
43:6, 44:13, 49:8, 25:22, 48:16, 67:11, Future 12:4, 38:5, 160:13
55:5, 56:2, 58:6, 81:19, 87:17, 114:3, 53:15, 57:9, 64:9, George 58:4, 58:7,
66:7, 70:8, 72:19, 133:21, 147:7 79:22, 80:18, 80:20, 92:23, 93:2, 187:22,
77:20, 93:1, 95:12, four -lane 131:21 130:11, 131:20, 188:2, 206:11,
102:13, 112:10, Fox 4:15, 10:2, 12:8, 132:1, 157:10, 159:2, 209:18, 228:10
114:11, 116:7, 12:23, 29:3, 58:9, 159:9, 160:1, 162:19, germane 105:3
126:23, 138:22, 117:9, 166:23, 168:5, 162:22, 163:8, 170:3, get -go 208:9
149:1, 149:17, 168:7, 168:11, 169:6, 176:5 gets 59:9, 60:3,
164:10, 184:2, 169:11, 171:8, 60:3, 117:16, 119:20,
187:24, 202:13, 171:13, 175:1, 175:8, 119:20, 161:16,
215:11, 223:8, 175:21, 188:6, 189:5, < G > 184:5, 192:15, 214:5 i
230:20 190:6, 204:18, 217:1, gain 136:8 getting 35:14, 37:21,
foot 136:21, 136:23 217:19 Gale 52:1 79:19, 86:1, 158:20,
force 40:2, 163:21, frame 96:24, 197:16 gambler 201:14 203:14, 206:15,
178:20 framework 123:2 Game 1:9, 24:7, 207:19 i
forcing 40:8 Frankly 127:23, 198:18 giant 50:18
foregoing 236:11, 172:22, 173:22, garbage 37:21, GILBERT 28:10,
236:12 175:10, 175:19, 52:23, 55:11, 55:19, 28:15, 44:11, 44:14,
foresee 145:4 175:22, 180:8, 59:20, 85:2, 100:3, 44:14, 44:22, 45:2, j
forget 175:5, 175:7 217:11, 218:12, 101:9, 119:9, 123:12, 45:9, 45:15, 45:19,
Forgive 226:4 219:1, 220:5 134:3, 210:15 46:7, 46:13, 46:17,
form 216:9 free 53:21 Gary 126:21, 127:1 51:18, 52:5, 111:8,
formalization 33:11 frequent 142:23 gas 19:6, 19:7, 111:8, 111:18,
formally 11:5 frequently 188:5 19:14, 132:22 111:21, 111:24,
formations 160:13 friends 217:12 gasoline 8:2, 10:13 112:2, 129:9, 129:9,
former 168:7 front 92:20, 93:13, Gate 35:6 130:1, 130:5, 130:14,
forth 91:2, 160:3, 150:12, 198:4 gave 217:2 131:12, 131:16,
189:20 frontage 156:19, General 64:6, 73:18, 132:19, 132:23,
forty 75:1 159:24 162:11, 180:12, 133:12, 133:19,
forum 116:14 FROST 58:4, 58:7, 180:22, 191:24, 134:1, 205:19,
forward 3:21, 16:2, 58:7, 206:9, 206:11, 194:18 205:20, 205:21,
18:18, 18:19, 26:11, 208:15, 208:20, generally 41:11, 206:6, 227:19,
30:21, 34:23, 38:21, 208:23, 209:4, 82:23, 89:20, 130:24, 227:19, 228:5
61:22, 64:2, 92:15, 228:10, 228:10, 133:16 GILMOUR 28:23,
92:21, 95:5, 95:8, 228:16, 228:21, generated 98:24, 29:2, 29:3, 63:5,
96:9, 96:21, 116:3, 228:24, 229:4, 99:9, 99:10 63:5, 64:4, 211:24,
128:13, 129:7, 132:2, 229:13, 229:17, generation 99:8 212:2, 226:3, 226:4,
138:18, 159:10, 230:11 Geneva 51:11 226:9, 226:22, 227:4,
169:14, 177:11, full 113:21, 193:16, Gentleman 43:1, 227:12
177:16, 182:1, 194:12, 218:20, 58:15, 59:21, 72:23, GILSON 92:23, 93:2,
182:10, 192:7, 219:13 83:5, 150:7, 193:23, 93:2, 93:18, 94:6,
192:19, 193:16, fully 92:16 200:20, 206:15, 94:17
233:6, 233:7 function 120:14 207:12, 221:17, give 3:23, 61:6,
forwarded 119:5 funding 98:13, 228:9, 230:2 81:11, 85:6, 90:3,
fou 204:19 98:23, 99:9, 101:16, gentlemen 178:2, 90:4, 118:20, 121:11,
found 107:11 101:24, 132:3, 178:21, 188:2, 122:13, 129:7,
Depo Court Reporting Service (630) 983 -0030
Yorkville City Council 249
September 26, 2006
134:23, 135:13, 92:5, 115:9, 177:22 196:7, 196:14, 160:12
194:12, 199:11, groups 63:22 205:23, 206:1, 217:1, hear 26:18, 27:9,
204:10, 221:16, grow 40:21 227:21, 228:13, 28:11, 68:3, 85:23,
233:9 growing 57:3 229:11, 229:19, 88:12, 88:13, 90:2,
given 15:13, 24:4, grown 145:23, 146:2 231:1, 231:14, 90:5, 90:10, 90:13,
25:4, 25:7, 96:3, growth 40:15, 40:16, 232:12 92:19, 93:4, 94:9,
98:15, 131:20, 133:9, 40:21, 56:20, 57:9, hand 58:2, 215:5, 94:21, 94:22, 101:3,
136:4, 182:23, 57:12, 60:15, 64:9, 230:13, 236:17 106:4, 118:11,
195:13, 217:13, 78:23, 145:7, 145:7, handed 26:5 144:19, 150:21,
217:14, 220:22 146:4, 216:9 handful 215:17 151:4, 152:23, 174:4,
gives 122:18, guarantee 164:1, hands 53:21, 66:11, 174:4, 186:16, 197:1,
135:18, 135:21, 190:1 123:21, 143:16, 198:14, 218:8
189:6 guess 17:10, 18:4, 212:15, 214:12 heard 16:10, 48:8,
giving 191:19, 18:15, 20:3, 46:19, hang -up 175:22 68:5, 70:19, 93:3,
194:10, 227:1 75:2, 82:16, 105:10, happen 21:2, 21:5, 94:7, 94:10, 144:7,
glad 202:2 108:12, 123:4, 41:10, 49:2, 54:22, 147:1, 153:12,
Glen 29:3 135:10, 194:24, 61:23, 87:22, 93:22, 174:19, 186:20,
Glendale 52:17 200:11, 225:14 112:13, 171:5, 200:3, 207:10,
go -to- the - head -of -th guesstimate 46:17 177:19, 177:21, 207:13, 229:22
e -line 25:5 guided 133:6 210:21, 210:22, hearings 3:16, 3:21,
goals 11:23 guiding 29:14 227:24 74:1, 82:2, 95:21,
God 217:13, 217:14 guy 188:8 happened 21:9, 117:17, 118:1, 118:8,
gold 30:7 guys 17:13, 51:2, 43:21, 54:23, 63:6, 119:1, 150:19, !
gospel 219:18 60:7, 119:14, 161:19, 145:20, 146:8, 169:17, 170:6,
gotten 61:15, 179:20 195:17, 196:15, 172:23, 177:24, 188:21, 192:13,
Governed 167:11, 226:12 189:15, 219:1 234:20
229:4 happening 29:19, heart 175:13, 224:24
governing 167:18 30:16, 79:8, 141:7, heightened 213:14,
government 54:9, < H > 145:9, 175:17, 187:1, 214:5
56:5, 113:14, 135:20 habit 174:6 187:15, 206:24 Heights 52:18
grab 29:15, 191:11, Hafenrichter 218:10 happens 53:19, held 103:4, 103:7,
212:11 half 58:24, 79:4, 64:15, 85:6, 114:2, 123:8, 182:21
grade 135:19 159:16, 191:2, 114:4, 117:23, help 37:18, 70:10,
granted 169:18, 191:19, 228:4 145:14, 158:1, 79:12, 85:17, 105:19
228:6 half -day 5:23, 5:24 161:24, 162:7, 176:4, helped 41:23, 200:11
grass 37:19, 157:16 Hall 184:22 210:17, 210:19, heretofore 13:5
gravel 224:19 HALSEY 114:9, 225:23 hereunto 236:16
gray 71:2 114:12, 114:13, happy 185:17, hesitate 170:9
great 24:16, 57:11, 115:13 187:9, 187:15 hidden 209:13
67:16, 175:20 Hamann 23:16, Harbor 117:12 high 159:4
Green 55:8, 55:12, 24:19, 26:6, 30:8, Hartman 38:1, higher 130:23,
85:7 31:14, 31:17, 48:11, 184:11, 184:24 130:24, 216:11,
gross 204:18 51:19, 68:16, 72:2, hate 43:15, 113:13 216:12
ground 158:5, 158:6, 94:12, 107:5, 112:20, hazardous 210:15 highest 38:9
159:1, 179:20, 194:3, 115:10, 117:8, head 25:20, 172:22 Highlands 168:9
194:6 157:13, 157:22, health 37:24, Highpoint 8:6, 10:2,
group 36:3, 48:24, 168:8, 171:14, 182:1, 105:12, 105:15, 17:3, 19:1, 32:6,
63:20, 83:3, 87:10, 185:21, 195:24, 105:17, 111:2, 37:9, 38:9, 38:23,
Depo Court Reporting Service (630) 983 -0030
Il i
Yorkville City Council 250
September 26, 2006
44:15, 70:17, 71:1, 196:24, 198:13, 203:13 68:22, 68:22, 83:7,
71:14, 71:21, 72:21, 218:19, 219:11, implore 179:3 171:13
76:16, 78:3, 125:15, 220:3 important 29:13, industrial 131:4,
127:13, 129:10, hour 1:9, 86:11 38:2, 69:9, 82:24, 163:2
138:24, 150:10, hours 120:17, 172:1, 91:6, 122:14, 152:14, industry 55:12
184:4, 215:13 197:24 170:2, 191:17 influence 79:2, i
Highview 31:11 house 37:14, 39:4, impose 52:24, 221:20
Highway 12:8, 139:13, 225:24 54:16, 142:20, informally 174:12,
20:13, 20:13, 20:17, houses 18:14, 39:4, 143:24, 214:5 174:24
21:9, 67:8, 86:3, 39:17, 39:17, 40:12, imposed 53:11, information 56:15,
131:21, 132:1 40:22, 55:17 54:19, 107:7, 107:21 91:8, 207:11, 217:2,
highways 36:16 housing 115:1 imposes 107:21 220:17, 220:22,
Hill 4:15, 59:18 Huge 38:7, 66:17 improper 72:24 230:2, 233:20 y
Hillside 203:4 hundred 47:12 improve 57:17 informed 109:17,
hired 49:11 hurry 61:11 improved 21:18 217:19
hit 71:3 husband 41:23, improvements 12:3, infrastructure 97:11
hogs 158:21 139:3, 139:12 95:17 initial 47:6, 47:17 j
hold 28:17, 191:11 improving 20:12 initially 41:24
holding 102:20, in. 59:16, 139:11 input 50:7, 109:19,
168:14, 194:1 < I > incident 63:6 118:21, 118:21
holds 102:23 idea 51:2, 63:10, incidentally 191:4 inside 178:5
Hollow 95:22, 155:9, 63:10, 120:15, include 50:6, 100:9, insight 182:12
223:4, 223:8, 230:4, 147:20, 148:2, 110:24, 131:3, 163:2, inspect 86:19
230:6 148:13, 158:2, 208:3, 172:20, 173:5, installation 97:1
home 52:2, 52:2, 217:2 231:19 instance 43:15,
63:11, 79:23, 87:16, ideals 56:24 included 39:3, 134:22, 136:20
87:18, 109:4, 209:4 ideas 51:7, 91:2, 39:18, 39:18, 40:23, instances 49:18
homeowners 79:18 208:1 41:11, 41:15, 128:17 instruct 25:13
Homes 16:24,17:1, identifies 165:7 includes 15:7, insult 115:8
111:22 identify 105:19 44:18, 44:20, 45:4, insulted 232:9
homework 58:11 ignore 120:17, 143:5, 151:23, intelligence 115:8
honestly 219:4 172:3, 177:16 162:20, 181:11 intended 12:5, 50:8,
Honorable 9:15, ignored 175:20 including 171:14, 98:21
28:5 imagine 37:21 193:14, 219:23 intends 169:6
hope 123:13, immediate 98:16, incorporate 203:21 intense 11:14,
192:23, 201:19 123:1, 123:3 incorporating 130:24
Hopefully 16:15, Immediately 99:19, 232:17 intensity 130:23,
145:6, 185:14 122:1, 122:7, 156:16, increase 57:13 133:10
hoping 70:10 172:4, 184:7 incredible 178:20 intensive 15:6
horses 158:22 impact 35:7,172:17, independent 57:19 intention 225:2
host 54:17, 121:23, 173:16, 173:17, indicate 195:12 interchange 131:10,
122:3, 122:15, 136:9, 190:17, 212:8 indicated 113:9, 131:21, 157:7, 157:8
143:4, 143:23, impacted 36:12, 214:6 interest 11:5, 49:21,
143:23, 165:6, 167:1, 36:21, 190:9, 190:14 indication 113:11 109:8, 181:6
171:17, 176:6, impacts 30:5, 35:8 individual 68:18, interested 20:11,
189:20, 190:5, imperative 188:9 96:18, 103:10, 32:9, 64:8, 193:14
190:13, 190:16, imperviating 64:18 103:13 interests 173:10,
190:20, 190:24, implication 110:4, individuals 34:14, 173:15, 175:7,
Depo Court Reporting Service (630) 983 -0030
i
1
I
i
Yorkville City Council 251
September 26, 2006
175:13, 178:4, 178:4, < J > 47:8, 77:18, 77:21, kindergarten 6:4
181:5, 181:5, 181:6, J. 2:19, 49:6 84:16, 84:20, 109:1, kinds 37:21, 81:5,
187:7, 193:20, 218:2 JACQUELYN 2:12 156:10, 161:4, 172:9, 158:14
interfering 18:8 JAMES 2:3, 5:3, 5:4, 174:22, 224:13 Kirk 51:10
International 107:3, 6:24, 7:1, 8:22, 8:23, join 3:8 kitchen 60:17
107:12 27:7, 27:8, 74:23, joint 172:13 knowing 80:1, 153:3
intersection 10:1, 75:12, 75:13, 77:2, jointly 173:22 knowledge 119:13,
12:6, 163:8 77:3, 90:7, 124:9, JOSEPH 2:8 119:14, 194:9, 195:2
introduce 160:5 124:10, 125:22, judge 118:14, known 94:3, 109:1, h
invested 78:22 126:3, 126:4, 154:3, 118:16, 179:15, 165:19
invitation 41:22, 154:4, 155:12, 179:16, 179:22, knows 60:11,
48:9, 48:12 155:15, 155:16, 180:4 202:23, 202:24, j
invitations 48:15 222:4, 222:21, judges 54:14, 206:23, 210:17,
invite 38:12, 84:13, 222:22, 223:15, 109:19, 118:13, 216:7, 219:9, 231:8
84:17, 144:22 224:9, 224:10, 118:18 Kolodzinski 102:11,
invited 18:10, 42:2, 234:15, 234:16 judging 65:16 102:14, 102:15,
173:21 January 189:11, judgment 36:22, 102:19, 102:24,
inviting 177:17 189:15 37:2, 49:1 103:6, 103:9, 103:12,
invoices 191:7 Jason 2:4, 83:6, juggle 214:7 103:17, 103:21,
involve 190:11, 83:6, 83:8, 88:15, jump 43:15 104:4, 104:8, 104:14,
221:7 93:3, 94:20, 105:20 jurisdiction 13:7, 104:17, 104:20,
involved 25:24, Jeep 164:13, 167:6, 134:12, 138:5, 176:3, 104:24, 105:4,
48:10, 57:8, 82:22, 190:1, 190:19, 191:5, 227:8, 229:23 105:10, 105:16,
118:8, 141:15, 192:3, 202:11, jury 174:7 106:8, 106:13, j
141:21, 158:20, 202:14, 202:16, JUSTIN 2:15 106:22, 107:17,
171:4, 190:10, 208:5, 202:16, 204:11, 107:23, 108:6,
217:6, 220:2 204:14, 205:14, 108:11, 108:20,
involves 33:3 217:5, 217:14 < K > 109:7, 109:10, 110:1,
ironing 109:4 Jeff 149:15, 149:18, Kalsto 220:5 110:7, 110:21, 210:9,
irrespective 176:3 217:11 keen 57:20 210:9
issuance 98:4 Jeffrey 202:11, keep 29:18, 115:9, KRAMER 41:2, 41:4,
issue 29:13, 30:4, 202:15, 217:13 116:10, 208:13 41:7, 41:7, 42:13,
68:12, 91:6, 95:8, Jerry 55:24, 56:3, keeps 115:7, 198:24 95:10, 95:13, 95:13,
109:5, 141:17, 146:8, 151:15 Kelly 43:8, 95:10, 96:2, 97:16, 97:18,
152:14, 181:3, 182:9, Jesse 218:10 95:13, 101:1, 134:10, 98:4, 98:12, 99:15,
202:21, 205:8, 212:5, Jim 31:8, 31:10, 186:15 99:24, 100:3, 100:12,
212:7, 227:14, 196:6 kept 205:3, 206:21 100:23, 101:3, 101:6,
227:15, 230:4 Joan 55:4, 55:6, kids 178:19 101:19, 102:2, 102:6,
issues 62:14, 82:24, 72:17, 72:20 kill 227:5 150:16, 150:17,
203:21, 218:14, Joann 44:11, 44:14, Kim 66:5, 66:8, 150:23, 151:10,
219:14, 219:18 111:8, 129:9, 205:20, 214:16 151:13
item 30:22, 198:7 227:19 kind 36:10, 42:16,
items 13:21, 106:23, job 36:6, 80:19, 56:9, 60:11, 95:24,
137:22 109:21, 118:20, 108:16, 115:1, 119:4, < L >
itself 160:2, 192:24, 145:19, 159:17, 133:12, 137:6, lack 57:13
193:19 185:20, 221:6 145:15, 151:18, ladies 178:2, 178:20,
jobs 159:14, 159:19 152:20, 159:9, 193:4, 188:1, 192:11
John 2:10, 2:15, 195:3, 217:7 lady 89:6
Depo Court Reporting Service (630) 963 -0030
i
I
Yorkville City Council 252
September 26, 2006
Lagrange 139:4 lends 160:2 181:9, 223:9, 223:10, locally 53:17
Lake 146:2 length 138:10 223:12 locate 167:9, 167:11
landfills 85:6, lengthy 108:13, lines 132:20, 132:22, located 4:13, 76:15,
168:17, 168:24, 199:21 159:4, 169:10 78:2, 125:15, 127:12,
177:6, 180:24, 181:1 LESLIE 2:4, 4:23, link 21:11, 21:13, 133:5, 155:8, 168:18,
Landing 51:24, 85:7 4:24, 6:20, 6:21, 9:2, 21:22 168:24, 223:5,
landscaping 17:19, 9:3, 27:22, 27:23, listed 131:3 224:22
19:3 67:12, 67:21, 68:13, Listen 22:7, 86:16, location 5:22, 20:1,
Lane 35:6, 112:12, 68:20, 69:2, 69:9, 113:15, 199:18, 96:6, 129:2, 133:7,
114:13 75:18, 75:19, 77:6, 208:20, 221:1 160:1, 181:12
language 132:16 77:7, 83:10, 83:14, listening 123:8, logical 79:9
large 42:14, 62:9, 88:18, 89:2, 124:13, 190:3, 201:21, 208:6, Long 44:1, 107:24,
80:14, 140:3, 146:15, 124:14, 126:7, 126:8, 208:8 109:1, 134:23, 135:2,
212:22 134:8, 154:7, 154:8, Little 12:23, 49:24, 146:20, 198:3,
larger 39:21, 39:22, 155:19, 181:18, 71:2, 96:13, 105:17, 203:18, 206:9,
39:24, 40:5, 127:11, 181:21, 182:17, 127:12, 141:7, 146:1, 207:20, 233:17,
187:17 222:9, 222:10, 202:6, 217:24, 219:6, 233:17
LASALLE 236:3 223:21, 223:22, 224:19, 232:11 long -range 11:23
lasted 172:1 234:3, 234:4 live 19:1, 19:23, longer 227:10
late 97:6, 207:19 less 10:24, 11:14, 21:1, 38:23, 56:4, look 36:4, 36:14,,
Later 34:7, 90:11, 15:5, 45:15, 191:4, 56:13, 58:8, 66:8, 38:13, 39:19, 39:24,
91:20, 195:6, 198:13 197:21 66:12, 66:24, 67:7, 40:1, 40:4, 42:1,
Laughter 36:8, 46:20 letter 166:8, 167:23, 67:9, 67:11, 67:12, 65:19, 69:22, 79:23, a
Laurie 116:5, 116:8 175:16, 211:17, 67:23, 72:21, 95:13, 80:7, 84:14, 84:17,
law 60:7, 117:20, 232:8, 232:8 102:15, 103:24, 86:16, 101:21, 118:1,
161:10, 164:13, letter. 168:13 104:24, 105:4, 119:23, 137:21,
202:16, 217:12 letting 34:16 114:13, 116:9, 139:22, 140:6, 140:6,
lawn 157:16 level 107:8, 121:8, 139:11, 140:1, 140:12, 182:10,
laws 185:13 121:10, 134:11, 150:10, 158:23, 192:19, 193:16,
lawyer 108:22, 135:9 188:4, 215:13, 200:14, 204:3,
109:24 liability 69:20 225:15, 230:22 216:20
lead 209:2 License 236:24 lived 55:8, 103:23 looked 95:16, 96:17,
leading 171:18 lie 106:2 lives 19:9, 87:13, 98:13, 200:7
leads 23:16, 117:18 lied 207:15 87:20, 87:21, 118:17, looking 30:15, 37:3,
learn 175:16, 215:19 lies 156:16 202:5, 231:4, 232:6 43:22, 55:15, 63:20,
learned 169:2 life 57:4, 86:1, livestock 158:16, 63:21, 69:23, 94:15,
least 83:22, 108:24, 114:21, 177:15 158:18, 158:20 110:13, 115:18,
152:20, 200:16 light 29:14, 131:3, living 139:10 139:17, 139:17,
leave 198:10 131:4 LLC 164:14,166:24, 145:19, 146:6,
leaves 157:16 lightning 227:13 168:9, 188:6 147:18, 150:12,
leaving 187:11 likely 64:14, 131:23, local 53:3, 54:20, 160:18, 217:9
left 37:16, 61:17, 133:10 112:16, 117:1, looks 49:1
114:3, 157:1, 219:7 limit 120:12 122:11, 122:15, lose 56:22, 139:14,
legacy 208:10 Limited 125:10, 122:18, 134:11, 147:6
legally 3:24, 166:21 177:12 135:3, 137:15, loses 162:3, 178:16
legislative 180:12, limits 10:4, 72:12, 142:16, 143:17, lost 24:19
180:23 182:15 143:21, 143:22, lot 16:6, 30:13, 39:4,
lend 57:16 line 25:21, 119:20, 162:8, 167:20 55:10, 55:10, 55:11,
s
Depo Court Reporting Service (630) 983 -0030
I
Yorkville City Council 253
September 26, 2006
60:12, 62:24, 67:15, 229:6, 229:8 175:11 218:13, 218:24,
72:8, 79:18, 86:8, maintaining 57:3 matter 1:7, 37:13, 219:8, 219:10,
92:19, 94:9, 112:14, Maintenance 107:3, 38:3, 84:8, 117:2, 219:13
132:23, 153:13, 107:13, 107:20, 120:20, 136:11, meeting. 235:1
171:10, 175:20, 225:7 170:3, 199:23, meetings 171:24,
176:4, 183:19, major 12:3, 35:7, 207:17, 232:3 217:20, 217:20
201:22, 228:7 36:16 matters 57:20, meets 53:1, 53:6
lots 17:11, 39:22, majority 36:12, 176:14 mellowed 29:21
55:17, 109:5 78:14, 128:17 Mayo 87:17 Member 24:3, 31:3, f
louder 90:15 man 91:24, 201:16 Meadows 17:4 44:4, 91:12, 174:3,
Louis 230:18, Management 168:5, mean 35:17, 42:8, 217:18, 217:21, j
230:21 168:12, 168:17, 44:22, 44:23, 53:12, 218:10, 218:22
love 106:4 168:22, 180:14, 110:16,110:17, Members 9:16, 1
low 15:3, 233:16 180:16,182:14, 119:19,130:17, 16:23, 30:15, 31:13,
luckily 189:9 188:17 143:14, 143:17, 48:14, 61:5, 84:14,
lucrative 23:14 managing 57:3 144:15, 144:18, 114:17, 127:1,
lying 104:1, 106:1, mandated 53:18, 145:24, 146:8, 134:15, 164:11,
223:9 135:1 146:21, 148:8, 153:4, 174:13, 175:4, 198:2,
mandates 143:24, 158:23, 201:6, 200:23, 202:15,
188:15 201:20, 202:4, 202:5, 218:4, 220:11,
< M > mandatory 119:2 220:19, 227:5 220:14, 220:18
M -1 106:11, 125:10, Manufacturing 52:1, meaning 144:4 mention 10:10,
127:7,127:11, 106:11, 106:16, meaningful 188:21, 12:18, 110:2, 179:18,
128:19,129:11, 106:19, 125:10, 193:18 217:16
129:20, 129:22, 129:12, 129:12, means 159:14, mentioned 5:23,
130:1, 130:6, 130:15, 129:14, 130:15, 188:20 12:22, 179:18,
130:19,131:2, 130:20, 131:5, meant 34:5, 34:6, 217:21, 217:23
131:12,134:16, 131:18, 133:20, 121:15 merely 50:20
149:10,149:21, 134:2, 150:11, meantime 170:8 Meridian 223:7
150:3,151:19, 150:11 mechanism 98:13, merit 113:18, 113:24
151:23, 159:12 manure 35:15 212:12, 212:19 merits 179:23
M -1 -13 127:21 map 15:17, 71:8, mechanisms 98:23, mess 179:1
M. 1:8, 236:6, 236:23 129:1, 132:16 101:17, 101:24, message 61:18
Ma'am 32:1, 34:24, March 171:6, 122:22 messing 142:9
37:6, 44:9, 51:17, 171:15, 172:7, meet 17:22, 54:6, Messrs 191:5, 192:3
52:7, 55:2, 65:18, 177:21, 189:5, 121:15,136:15 met 189:6, 203:16
72:15, 111:7, 114:7, 189:16, 189:17, MEETING 1:1, 1:6, Mezger 16:19,
115:15, 116:2, 129:8, 203:17 3:5, 22:4, 22:10, 16:22, 16:24, 18:1,
138:17, 142:12, Marlon 38:1, 184:11, 26:16, 26:20, 27:2, 18:9, 50:23, 50:23
211:3, 214:14, 184:24,185:11, 28:13, 32:10, 32:12, MIA 220:6
227:18, 228:9 185:19, 185:22 32:21, 54:13, 56:7, mic 186:6
Madison 95:14 Marty 2:7, 208:18, 82:17, 88:23, 108:12, Michael 164:8,
mail 73:15 208:19 108:15,171:7, 172:5, 164:13, 217:14
main 12:11, 59:24, Mary 138:20, 138:23 172:7, 172:13, Michigan 146:2
90:20, 91:8 mass 101:13 179:19,182:3, microphone 7:14,
maintain 158:16, material 158:4, 197:11, 206:13, 212:4
231:23 210:15 206:13, 206:18, middle 86:3, 159:5
Maintained 229:5, materialized 175:9, 215:17, 218:11, midst 157:23
Depo Court Reporting Service (630) 983 -0030
i
i
Yorkville City Council 254
September 26, 2006
Mike 183:9 mixture 163:2 62:13, 74:15, 74:16, 56:3, 58:7, 70:13,
mile 19:24, 66:9, modern 190:12, 74:17, 75:5, 75:8, 70:15, 77:16, 93:3,
79:4, 226:18 210:21 76:18, 76:20, 115:4, 102:14, 104:5,
miles 55:9, 67:1, molasses 227:15 124:3, 124:5, 125:21, 114:12, 116:8,
67:11, 86:11, 119:11, Monday 170:7 125:23, 128:12, 126:19, 127:1, 134:8,
156:19 money 42:20, 46:1, 139:1, 140:17, 149:2, 150:9, 156:10,
MILLER 13:20, 46:3, 46:11, 47:15, 145:18,153:23, 164:12, 168:7, 168:8,
71:11, 71:15, 81:13, 49:20, 60:11, 122:3, 154:1, 155:11, 202:15, 205:20, f
96:15, 97:17, 98:9, 122:12, 175:23, 155:13, 222:3, 222:5, 206:11, 207:12,
98:18, 99:20, 100:2, 189:23, 196:14, 223:15, 223:17, 210:12, 215:12,
100:5, 100:17, 203:14, 203:14, 233:23, 234:1 216:24, 217:6,
106:21, 128:4, 203:18, 204:12, moves 192:7 217:13, 217:14 j
129:17, 130:3, 130:6, 204:14, 229:24, moving 96:21, Naperville 55:7, j
130:19, 131:14, 230:6 132:2, 174:6, 177:13 77:23, 103:24,
131:19, 132:21, monitor 88:5, 88:10 Mueller 43:4, 43:7, 156:11, 188:4,
132:24, 133:14, monitoring 233:5 43:7, 43:24, 44:6, 224:16
133:23, 151:8, month 112:22, 47:16, 48:1, 48:6, natural 40:20
162:18 146:13, 146:19, 134:5, 134:9, 134:10, nature 78:20, 103:16
million 59:4, 64:19, 170:16 135:23, 136:17, natures 165:2
177:7, 229:19 months 25:6, 25:11, 137:3, 137:10, navigate 109:22
millions 121:10 25:14, 62:3, 62:8, 137:19, 138:14, Nay 27:19, 88:14
MILLIRON 22:15, 139:2, 140:17, 197:7 186:14, 186:14, near 12:4, 55:8,
22:17, 22:17, 25:18, Moraine 117:9, 187:22, 188:1, 188:3, 66:12, 215:15
48:8, 61:4, 61:19, 166:23, 168:7, 193:10, 202:19, necessarily 197:9,
69:7, 90:15, 92:16, 168:11, 169:6, 202:23, 203:11, 219:17
161:7, 193:24, 169:11, 171:8, 219:24, 220:2, 220:5 necessary 15:17,
195:11, 195:16, 171:14, 175:2, 175:9, multiple 189:18 97:12, 133:16
195:21, 197:5, 175:21, 188:6, 189:6, Municipal 41:13, need 21:17, 24 :16,
197:10, 197:15, 190:6, 204:18, 217:1, 101:10, 108:21, 24:22, 24:24, 25:1,
197:20, 198:1, 217:19 109:24, 180:15, 28:18, 35:16, 45:19,
198:17, 199:6, Moraine. 168:5 203:9, 213:10 59:24, 60:4, 60:5,
199:16, 233:2 morning 5:24, 6:2, municipalities 62:23, 70:14, 87:24,
mind 22:6, 35:20, 26:15 50:12, 108:24, 136:1, 88:9, 88:11, 98:7,
37:18, 51:13, 101:4, mother 202:1 188:20, 190:14, 99:6, 113:18, 120:6,
207:6, 221:8, 226:13 motive 24:7, 30:10 204:23 120:7, 120:8, 120:14,
Mine 21:13, 110:6 motives 23:7, municipality 60:8, 121:3, 133:17,
minimum 177:4 164:23 73:21, 78:9, 167:18, 143:10, 143:11,
minute 215:5 move 16:14, 16:15, 202:24, 205:2 144:19, 148:18,
minutes 197:21, 22:9, 28:5, 55:19, myself 165:14, 149:24, 150:3,
197:21, 197:22, 61:3, 61:22, 62:23, 167:5, 172:8 163:16, 181:17,
223:11 63:2, 70:3, 74:9, 186:7, 190:10, 192:4,
misery 85:4 80:1, 80:14, 92:20, 218:7, 225:1, 227:10
missed 232:1 95:5, 105:9, 110:18, < N > needed 180:16
missing 23:11 123:17, 159:10, naive 24:6 needs 20:16, 29:22,
misstating 142:13 174:8, 177:11 name 3:22, 9:17, 50:2, 57:14, 73:22,
mistakes 210:13 Moved 4:17, 4:19, 16:2, 16:23, 18:24, 87:23, 120:22
misunderstandings 6:16, 6:18, 8:12, 29:2, 31:10, 38:22, negatives 153:13
170:4 8:14, 55:7, 55:14, 49:10, 50:23, 55:6, negotiate 190:5,
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 255
September 26, 2006
218:21 194:22, 206:13, 223:13, 224:14 Obviously 12:2,
negotiating 171:17, 206:18, 207:18, northeast 128:20 135:12, 158:4,
175:12, 190:13, 209:8 noted 82:23 158:13, 159:4,
195:24, 202:24 nine 25:11, 25:14, notes 16:11, 236:13 170:11, 171:10,
negotiation 190:23 53:1, 53:1, 53:6, nothing 52:3, 63:14, 186:7, 187:6, 215:14,
negotiations 191:5, 54:6, 59:22, 120:7, 102:6, 106:8, 111:16, 219:9, 224:23
191:9, 195:23, 203:2, 176:20, 183:6, 115:10, 174:20, occasion 165:12
218:18, 220:3 192:21, 213:15 188:19, 198:7, 204:5 occur 129:24,
neighbor 140:17 nitty - gritty 218:17 notice 23:21, 24:13, 177:18
neighborhood 15:8, No. 27:6, 27:8, 25:9, 73:3, 73:3, occurred 221:3
149:22, 163:4, 163:4 27:15, 27:17, 27:23, 73:6, 169:3, 175:17, odor 37:12, 37:16,
neighbors 153:10 45:2, 46:18, 67:6, 199:11, 232:5 37:20, 37:22, 37:24,
Neil 7:18, 9:18 71:19, 76:6, 103:18, noticed 73:7 38:4, 55:10, 72:5, I
neither 162:5, 104:22, 137:18, notified 73:13, 105:23, 107:2,
214:24 143:12, 154:23, 73:16, 231:7, 231:9 107:10, 107:11,
Nelson 9:12, 9:15, 172:24, 179:4, 197:9, notify 232:4 111:9, 111:12,
9:17, 73:6, 73:8, 201:20, 202:8, 209:1, notwithstanding 123:10, 141:19, ,
73:14, 209:18, 210:6, 224:15, 226:8, 193:15 206:2
209:18 231:20, 236:24 November 82:2 odors 106:7, 106:12 f
nervous 111:21 Nobody 39:7, 46:19, Noxious 106:12, offer 23:13, 79:15,
nevertheless 50:16, 52:22, 53:20, 106:12 229:24
169:12, 169:13 92:5, 109:23, 146:14, Number 16:1, 16:8, offered 65:19, 173:6,
new 62:22, 79:24, 161:11, 161:12, 47:20, 50:6, 68:21, 173:24, 196:10,
144:15, 145:3, 226:4, 161:16, 178:15, 78:1, 88:18, 88:20, 204:19, 217:24
230:15 186:24 89:5, 95:6, 99:1, offhand 51:16
newspaper 120:11, non -home 135:15, 130:24, 133:21, office 122:24,
122:14 135:16 133:22, 156:13, 166:19, 171:9, 188:3
newspapers 171:12 non - residential 99:6 157:14, 165:17, office /research /indu
Next 7:16, 17:12, non - starter 190:21, 167:14, 168:22, strial 129:19
18:17, 19:1, 32:21, 204:15, 204:16 181:21, 184:20, offices 77:22,
61:3, 62:23, 63:2, None 6:13, 30:24, 208:13, 208:14, 104:15, 127:2,
64:6, 70:4, 74:9, 35:11, 46:22, 102:2, 208:22 156:11, 224:15
76:3, 91:18, 105:20, 106:1, 143:3, 201:11, numbers 130:22, official 45:12, 45:13,
123:18, 124:24, 201:24, 215:1, 215:2 196:24, 197:1 170:11, 170:14,
145:4, 153:19, nonetheless 80:18 184:17
170:16, 170:16, nor 162:5, 214:24, officials 36:20,
170:16, 190:8, 199:6, 230:5 < O > 47:20, 93:12
200:14, 219:12 normal 23:18, 23:19, o'clock 219:10 often 54:22
nice 52:4, 55:17, 25:10, 26:3, 26:3, oath 236:7 oil 19:7
144:23 197:7 obey 136:16 old 52:2, 86:2, 174:7
night 14:6, 16:7, normally 152:3 object 149:10, Once 21:9, 26:15,
32:10, 32:11, 32:16, North 8:5, 12:8, 149:20, 232:16 59:8, 64:4, 64:15,
44:16, 48:9, 48:18, 43:16, 71:20, 76:5, objection 151:11 111:10, 119:1,
56:8, 58:14, 59:2, 77:24, 94:12, 102:17, objections 20:4 122:21, 217:8,
69:8, 70:19, 78:13, 102:20, 108:14, objective 30:4, 36:4 226:21, 227:12
87:12, 105:9, 128:6, 127:3, 154:22, obligation 188:16 one -by -one 198:19
132:6, 179:3, 194:5, 156:12, 156:21, obvious 164:18, One - family 125:8,
194:10, 194:13, 180:1, 223:6, 223:10, 165:5 125:9, 125:11
Depo Court Reporting Service (630) 983 -0030
Yorkville City Council 256
September 26, 2006
ones 62:14, 79:18, ordinances 17:17, 191:4, 191:9, 192:2, party 169:16, 203:1
82:23, 83:3, 137:22 17:24, 74:3, 74:4, 204:21 pass 7:14, 12:5,
ongoing 225:7 134:21, 135:3, 135:8, pain 179:1 51:3, 127:15, 197:7
open 13:10, 13:17, 137:22 pan 30:8 passed 56:9, 73:22,
15:23, 16:16, 82:14, Oswego 181:5 paper 112:13, 73:23, 149:23,
91:18, 110:10, 129:6, Oswegoland 109:2 112:16, 113:12, 174:19, 195:18, y
181:16, 183:19, others 114:18 195:22, 217:17, 197:4, 197:6
193:17, 196:9, otherwise 143:15 219:17 past 29:8, 38:5,
225:12 Ottawa 188:4 paragraphs 113:7 158:18, 205:6, 205:7,
opened 3:17 ought 109:7, 212:21 parcel 3:16, 43:16, 205:8, 215:21
operate 51:5 ourselves 189:13, 61:3, 62:23, 63:2, Pat 4:6, 5:17, 5:20
operated 17:1, 53:7, 192:1 63:3, 65:5, 78:2, path 39:5
157:13 outcome 14:4, 162:6 78:16, 81:12, 113:20, patrol 86:10, 86:13
operating 203:7 outside 53:11, 64:9, 123:18, 127:5, 127:9, PATTEN 116:5,
operation 107:5, 87:24, 108:14, 127:10, 127:11, 116:8, 116:9, 119:7,
157:13 109:20, 119:18, 157:6, 159:23 120:2, 121:5, 123:4
operator 121:15 178:5 parcels 40:5, 64:6, pattern 163:6
opinion 13:8, 16:14, over -used 178:19 79:6, 79:22, 160:16 Paul 2:3, 18:21,
34:14, 36:5, 48:23, overlay 151:23 Pardon 73:5, 185:8, 18:24, 38:22, 150:9
68:2, 90:5, 92:4, overly 140:3, 161:23 228:21 pay 41:19, 82:24,
116:12, 221:22 oversight 212:19 Parish 19:19, 19:22, 83:4, 83:21, 85:2,
opinions 22:8, overturn 54:15 19:23, 82:15, 82:15, 98:14, 108:7, 108:7,
85:23, 90:3, 219:24 own 3:17, 39:4, 83:11, 83:15, 83:20, 122:4, 122:9, 140:24,
opponents 165:11, 113:18, 113:23, 84:3, 88:22, 92:2, 190:1, 203:1, 203:10,
192:14 118:22, 149:3, 200:2, 200:2, 201:6, 203:10, 205:1
opportunities 225:18 201:10, 225:14, paying 83:21, 88:12,
118:23 owned 43:13, 43:17 225:15 203:6, 204:19
opportunity 89:19, owner 40:2, 203:5, Park 63:11, 63:16, payments 204:23
92:9, 94:2, 116:23, 227:23 109:2, 109:3, 109:5 pays 190:13
192:18, 193:17, owners 9:23,10:5, parks 57:15 PC 4:6, 7:18, 74:13,
205:15, 227:2 10:13, 10:20, 23:15, Parkway 12:5, 75:4, 76:5, 125:2,
opposed 49:21, 23:15, 24:5, 25:3, 80:17, 127:14, 154:22
110:8 25:20, 26:5, 48:10, 127:18, 129:3, 131:9, peace 192:16
opposition 171:4 63:20, 64:1, 68:19, 131:11, 149:23, penalty 122:4
option 133:11 101:15 150:1, 152:18, 157:7, pending 164:18,
order 33:21, 47:13, owns 225:19, 227:9, 160:1, 163:7, 163:22 165:6
86:20, 162:15, 227:24, 228:1, 228:2, parliamentary penetrating 37:12
165:19, 177:6, 198:6 229:11, 231:14 82:19, 82:21, 89:1 Pennsylvania 231:4,
Ordinance 10:18, participate 101:16, 232:7
15:16, 49:15, 49:17, 169:16, 173:21, per 42:6, 191:19
50:6, 73:22, 73:23, < P > 174:16 percent 201:15
105:23, 107:18, P.M. 1:9 participation 172:14 percentages 190:16
107:20, 111:1, 118:2, pace 29:21 particularly 63:1 perception 191:22
130:21, 136:24, packet 14:1, 14:16 particulars 162:13 performance 121:18
167:13, 167:14, page 12:20, 13:2 Parties 37:15, period 92:11, 92:12,
182:20, 189:19, pages 203:18 189:20 119:2
197:6, 197:6, 197:7, paid 41:20, 46:22, partner 167:6, permanent 136:20
220:1, 221:13, 231:2 46:23, 82:23, 146:14, 171:7, 172:8, 202:16 permit 54:1, 119:21,
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 257
September 26, 2006
121:16, 129:23, phone 61:9, 61:16, 120:21, 162:22, poin 69:5, 69:10,
136:16 217:9 179:9, 180:19, 91:7, 99:12, 186:9,
permits 89:22, 98:5, physically 171:16 188:15, 188:16 233:15
119:17 Piccony 125:18, Plano 70:22, 70:24, point 15:11, 15:14,
permitted 52:17, 126:21, 126:24, 71:5, 181:5 19:8, 29:9, 36:4,
130:23, 131:3 127:2, 151:4 Plans 63:8, 80:2, 38:9, 39:9, 69:10,
person 34:13, 68:5, pick 64:10, 157:20, 80:3, 80:6, 80:17, 69:22, 81:22, 84:2,
87:20, 87:21, 94:10, 207:3, 216:12 97:10, 98:5, 98:17, 84:3, 90:7, 91:8,
94:18, 103:14, pickup 101:9 98:20, 131:17, 132:8, 93:23, 94:6, 97:3,
1 174:17, 225:18 picturesque 64:13 139:16, 147:22, 97:4, 97:10, 97:21,
personal 215:14 piece 60:23, 63:18, 147:23 101:7, 101:11,
personally 48:11, 65:1, 66:2, 70:3, plant 84:11, 122:6 119:23, 160:24,
66:22 70:4, 72:1, 74:8, planted 158:10 163:17, 164:2, 171:2, y
perspective 29:7, 91:23, 110:14, plastic 84:13, 179:17, 196:20,
29:10, 57:8, 160:9, 110:17, 110:19, 157:17, 205:22, 204:11, 213:7,
212:4 111:7, 111:16, 112:5, 210:14 218:18, 223:12,
pertain 63:1 115:24, 129:8, plat 14:17, 14:18, 232:2, 233:19
pertaining 63:18, 148:21, 158:3, 159:1, 98:10 Point -by -point 29:6
66:2 160:8, 161:1, 193:7, plats 62:5, 147:22 pointed 69:14,
pertinent 64:5, 200:14, 209:14,
p platted 147:14 156:14, 166:1 p
194:15, 207:11 209:16, 230:24 play 23:9 points 29:4, 59:23,
petition 10:6, 10:11, pieces 39:24, 42:14 played 86:2, 86:2, 175:16, 202:19,
13:12, 13:18, 39:11, pile 186:22 86:6 208:13
48:20, 65:12, 98:8, pipe 132:20, 206:22, plead 165:2 poised 97:11
112:21, 130:3, 206:23 pleading 86:1 Police 99:18, 99:21,
134:13, 134:14, pipeline 133:13, Please 3:13, 4:20, 101:8
134:16, 134:21, 133:17, 134:2 6:19, 8:15, 16:12, politician 202:1
141:10, 145:14, pipelines 133:21 18:19, 27:4, 28:4, politicians 201:24
151:22, 187:3, 187:6 pipes 194:2, 194:6, 48:16, 68:4, 70:15, poll 174:12
petitioned 81:1, 194:16, 194:19, 74:18, 75:2, 75:9, polled 174:24
96:20, 97:20 194:20 76:21, 84:2, 90:16, Pollution 136:5,
petitioner 4:7, 5:15, pit 177:23 124:6, 125:24, 167:14, 167:21,
6:8, 8:3, 9:10, 14:12, place 3:6, 21:7,
138:17, 139:21, 169:19, 188:22,
14:23, 46:23, 76:7, 66:14, 105:18, 154:2, 155:14, 189:18
76:13, 77:15, 81:15, 111:11, 122:21, 168:19, 169:21, Pool 55:4, 55:6, 55:6
81:23, 100:18, 172:8, 173:19, 169:22, 170:8, population 57:1
125:13, 128:15, 187:10, 210:18, 183:12, 183:15, portion 14:12, 17:4,
129:3, 130:4, 130:12, 212:12, 214:20, 183:18, 208:14, 31:1, 82:1, 91:17,
131:24, 149:6, 151:3, 216:4, 216:13 210:24, 222:6, 91:18, 99:4, 124:1,
154:23, 155:6, 163:8, placed 179:24 223:18, 229:21, 128:20, 162:21,
224:12 places 50:6, 118:20 234:2 168:1, 190:20, 197:3,
Petitioners 4:1, placing 216:4 pleased 186:24 197:4, 223:4, 231:13,
7:19, 25:13, 102:3, plain 203:15 Pledge 3:8, 3:10 231:16, 231:22,
125:3, 130:5 planned 12:3, 81:1, plow 225:8 234:24
petitions 25:22, 121:4, 131:9, 148:12, plowed 158:6 portions 166:10
78:8, 81:5, 119:15, 149:9, 163:22 plows 225:8 position 50:17,
119:24 Planning 80:22, plus 80:16, 134:3 170:2, 170:12,
Phil 70:6, 70:16 89:16, 89:17, 89:18, podium 3:22 170:14, 170:15,
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 258
September 26, 2006
170:18, 173:10, preferential 24:4, 121:22, 203:7, propose 123:5,
177:22, 179:16, 25:4 220:23 134:17, 190:24,
180:4, 211:17 prejudge 161:10, problems 140:15, 226:10
positioning 80:24 162:9 203:5 proposed 10:19,
positives 153:12 preliminary 62:5, procedure 82:20, 12:7, 53:7, 58:14,
possibility 52:12, 132:11, 147:22 82:22, 89:1, 203:8 67:13, 97:12, 97:13, �
54:18, 120:11 premature 99:14, procedures 24:10 112:13, 127:14,
possible 143:20, 152:21 proceed 13:7, 131:8, 131:22,
162:4, 167:8 preparation 130:9 169:14, 174:14 132:15, 132:18,
possibly 134:6, prepared 13:24, proceeding 178:12, 133:3, 134:13,
i
142:21, 219:5 22:24, 132:11, 178:13 150:11, 152:13, j
posts 107:7 139:13 PROCEEDINGS 1:6, 163:17, 165:8,
potable 122:8 prerogative 189:3 3:2, 23:11, 117:8, 187:13, 189:18 j
potential 79:15, prescriptive 229:9 236:11, 236:15 protect 133:17,
101:14, 133:11, present 14:9, 24:24, proceeds 177:16 160:11, 178:4
157:12, 173:17, 83:8, 83:13, 88:19, produce 52:4, protected 133:1
173:19, 178:8, 182:8, 192:20 229:21 Protection 12:24,
190:17 presentation produced 14:1 73:12, 99:19, 99:22,
potentially 51:4, 206:17, 217:24, productive 11:24 100:15, 136:12,
66:15, 171:18, 190:9, 221:16 profit 23:6 167:12, 176:2,
190:14 presented 97:19, program 5:24, 5:24 203:22
pound 191:20 163:15 programs 180:17 protections 175:24
POWELL 2:11 presenting 132:8 progression 40:20 prove 60:5, 136:15, i
power 138:1, 138:2, presupposition prolongation 223:12 192:21 I
138:4, 138:12, 159:4, 69:16 promise 33:11, proved 106:16
188:21, 193:12, pretty 59:17, 103:2, 176:21, 200:20, proven 54:6
209:20, 209:24, 108:13, 185:21, 200:22, 200:24, provide 72:4, 72:7
210:4, 213:9 185:22, 200:12 233:2 provided 99:22,
powers 135:17, prevent 158:19, promising 64:10 168:4
136:5 233:4 proper 63:8, 73:2 provides 168:17
practice 202:23 previous 29:5 Properties 11:24, providing 122:8
l Prairie 12:5, 80:17, previously 186:21, 17:24, 24:8, 29:18, provision 17:17
127:14, 129:3, 131:9, 214:18 39:2, 39:22, 39:23, provisions 13:12,
131:10, 149:23, primarily 98:19 43:10, 48:11, 48:16, 137:15
150:1, 152:18, 157:7, primary 173:14, 62:4, 62:12, 65:15, proximity 12:12,
160:1, 163:7, 163:22 180:13, 188:16 79:20, 84:21, 85:20, 48:21, 67:23, 131:8,
pre- existing 133:7 Principal 223:7 87:6, 96:5, 96:23, 131:21, 163:9,
pre - kindergarten Prior 98:4, 156:18, 97:7, 97:14, 97:19, 190:17
4:10, 5:22 194:9, 197:24 99:17, 99:23, 100:13, published 11:2,
prearranged 23:3 privilege 10:6, 101:22, 115:22, 169:4
preceding 127:10 57:21, 190:2, 190:3 145:12, 145:15, PUD 62:4
precipitously 177:13 privy -to 220:22 145:21, 182:1, Pud'd 147:15
predominantly probably 114:16, 198:19, 226:6 pull 101:18, 121:16
128:14, 129:2 133:10, 165:12, property. 169:8 pulled 56:15, 63:9
preempted 117:1, 176:11, 201:23, proposal 12:17, pulling 101:19
199:21 207:5, 207:6, 208:9, 68:10, 115:10, 160:5, purchased 17:3,
preface 3:15 212:2, 216:12 193:19, 204:17, 17:6, 18:2, 18:12
prefer 216:9 problem 59:11, 205:4, 228:14 purpose 4:6, 7:17,
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 259
September 26, 2006
50:2, 76:4, 115:20, 144:15, 144:19, 128:24
125:1, 154:21, 144:21, 169:22, recommended 14:8,
180:12, 223:3 < R > 170:21, 175:17, 81:18, 82:7, 130:11,
purposes 11:8 R -2 125:11, 128:21 179:20, 179:21, 162:19, 163:1
pursuant 99:16 R -3 125:7, 125:8 181:17, 192:8, 193:4, reconvene 3:6
pushing 66:13, race 178:15 200:8, 201:23, Record 3:23, 10:15,
67:24 radiating 163:3 205:10, 208:5, 16:3, 45:7, 50:21, l
put 20:17, 21:7, railroad 87:9 212:10, 212:21, 61:20, 80:7, 101:4,
23:17, 38:10, 45:23, railroaded 84:5 216:4, 216:7, 220:17, 110:1, 156:9, 166:7,
52:10, 53:22, 56:17, raise 158:22 221:2, 221:18, 166:11, 169:4, 188:9,
60:7, 63:10, 65:13, raised 66:11, 221:19, 221:19, 192:17, 192:24, t
66:15, 69:19, 88:8, 218:23, 230:5 225:6, 226:15, 230:7, 193:18, 195:12,
122:13, 131:12, Rakowski 215:9, 232:10 195:19, 196:3,
134:18, 134:22, 215:12, 215:13 realtor 139:8 205:15 G
139:13, 147:15, ramifications 110:8 reason 21:20, 48:19, recourse 116:13
147:19, 152:21, ramrod 23:24 78:16, 85:12, 93:10, recreation 57:15
179:9, 179:12, ramrodded 60:2 95:2, 98:19 Recycling 31:18, 4
186:22, 187:3, ran 165:21 reasonable 50:14, 157:16, 180:19,
187:13, 196:15, RANDALL 16:19 143:11 188:15
205:16, 209:24, Randy 16:23, 50:23 reasoning 48:14, Red 35:5
209:24, 210:4 Range 49:23, 48:15, 78:21 redacted 166:7
putting 48:15, 87:6, 119:16, 223:7 reasons 103:8 redone 13:2
88:2, 101:21, 133:20, rapid 57:12 recall 63:6, 174:2, refer 100:8, 168:19
139:8, 205:5 rarely 165:14 194:15 reference 15:18,
rather 148:3, 191:20 recapture 101:22 41:9, 167:23
rattling 18:7 receive 205:2 referenced 166:20
<Q> re 140:11 received 12:16 referendum 52:16,
qualify 11:15 reaches 11:19 recent 78:20, 177:3 53:9, 53:18, 53:22,
quality 18:6, 57:4, read 15:4, 23:1, Recently 17:3, 55:7, 53:23
114:21 56:16, 83:9, 112:13, 78:18, 168:8, 217:17, referring 112:18,
quarter 223:13 120:10, 151:22, 224:19 167:5, 194:20, 195:9,
quarters 177:7 166:7, 166:10, reception 191:14 195:10, 196:4, 218:6,
quell 170:17 167:24, 180:19, recite 106:4 218:10
queried 195:6 195:22, 211:16, recognition 159:11 refining 118:6
Questions 3:23, 6:8, 217:17 recognize 79:17 refund 49:19
6:10, 13:11, 15:20, readily 172:15 recognized 172:14 regard 89:16
23:20, 32:8, 43:9, reading 73:8, 83:16, recollected 218:12 Regarding 121:5,
72:22, 90:21, 150:18, 106:15, 156:15, recollection 189:8, 197:11, 217:19
150:24, 181:19, 180:10 189:10 regardless 46:2,
182:22, 192:4 real 4:12, 8:4, 22:23, recommend 15:3, 89:4, 113:22, 141:24
questions. 170:9 76:14, 110:9, 125:14, 78:14, 81:6, 129:18 region 146:6, 173:13
Quick 13:20, 228:11 143:8, 155:7, 161:19, recommendation registered 232:8
quickly 14:3, 22:5, 161:20 14:5, 14:6, 14:21, regressing 111:10
62:13, 119:12 realistic 212:13 15:7, 81:16, 81:19, regulate 136:13
quite 48:1, 127:23, reality 165:1 81:20, 82:10, 110:22, regulated 121:7,
181:23, 215:17, really 13:8, 20:8, 128:7, 128:8, 128:12, 121:9, 185:20
217:18 52:22, 56:8, 62:22, 130:8, 162:19 regulates 141:24
quoting 182:13 64:8, 117:5, 144:10, recommendations regulation 121:16,
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 260
September 26, 2006
136:19 109:3, 130:22, Residence 125:8, 173:11, 175:14,
regulations 107:2, 173:10, 218:1, 231:3 125:9, 125:12, 219:5
107:7, 119:9, 121:6 representations 224:21, 225:3 restate 75:3
reimbursed 202:22 193:15 resident 144:13, restroom 88:21
reiterate 65:7 representative 30:1, 144:21 result 225:4
reiterating 206:21 170:6, 196:7 residential 11:15, results 185:17,
reject 25:22 representatives 11:16, 15:3, 15:4, 217:20
relate 221:19 171:8, 172:6, 189:5, 15:8, 17:24, 39:2, retained 164:16
relates 40:5 190:6, 215:1 42:10, 64:15, 99:1, retire 144:23
relationship 165:5 represented 32:12, 99:2, 106:16, 117:5, retired 140:14,
relayed 220:18 56:6, 173:15, 219:16 131:13, 131:17, 140:18, 140:19
relieve 79:13 Representing 5:15, 139:23, 140:4, 145:7, retirement 63:11
relocate 133:9 9:10, 9:18, 77:15, 147:10, 147:13, return 73:13
remain 212:7 77:24, 156:12, 149:9, 149:21 returned 88:24
remaining 14:22, 192:13, 218:4 residentially 128:22 revenue 52:4, 182:7, i
44:7, 95:21 represents 109:4, residents 30:1, 182:8, 191:11
remember 135:19, 173:12 30:14, 57:23, 60:13, review 12:19 9
137:24, 174:22, request 10:14, 61:10, 139:14, revisions 220:1
194:1, 194:4, 195:8, 14:10, 14:11, 15:5, 139:18, 147:21, rezone 32:21,
210:24 28:12, 67:22, 78:9, 182:6, 186:18, 212:6 129:13
removed 8:8,19:15 81:6, 81:21, 96:16, resolution 168:21 rezoned 10:23
rendered 117:19 128:13, 128:14, resolved 219:7, rezoning 7:22,
rent 50:9 140:6, 149:10, 219:15, 219:18 32:22, 43:19, 76:10, +
reopening 233:19 163:11, 166:5, respect 9:19, 10:21, 81:20, 111:10,
repair 21:16 166:13, 166:21, 13:11, 16:13, 22:8, 116:11, 125:6,
repaired 133:18 167:10, 169:3 28:4, 34:11, 83:6, 128:13, 128:14,
repairing 233:18 requested 14:24, 84:16, 106:14, 155:3
repeated 168:23 15:13, 127:19, 167:19, 205:14, rhetorical 93:17
replaced 133:18 128:19, 128:21, 230:3, 232:11, ride 51:10
replenish 46:1, 129:20, 130:7, 149:6, 232:12 Ridge 141:6
47:13, 87:1, 87:2 166:2 respond 151:6, Rieckert 66:5, 66:8,
l replenished 47:9, requesting 4:9, 7:21, 161:20, 202:18, 66:8, 67:4, 67:7,
49:22 33:18, 67:19, 76:9, 205:11, 205:21 67:19, 68:9, 68:15,
replenishing 50:15 78:15, 125:5, 130:12, responders 121:21 68:24, 214:16,
Report 1:6, 13:21, 155:1, 156:23, 225:4 Response 6:9, 6:12, 214:16
13:23, 15:5, 15:16, requests 128:23, 30:23, 31:22, 65:2, right -of -way 229:9,
81:11, 128:16, 128:23 74:11, 123:19, 229:10
162:17, 164:4 required 42:6, 123:23, 153:16, rigmarole 142:9
reported 195:18, 42:23, 46:3, 47:7, 153:20, 155:20, risk 50:16, 54:21,
196:11, 236:10 226:16 190:19, 213:4, 54:23, 165:21,
reported. 3:4 requirement 226:21 233:11 178:11
Reporter 112:17, requirements 135:1 responsibility 17:20, River 12:9, 12:9,
218:8, 236:8 requires 136:20, 180:14, 184:6, 189:2 58:8, 71:20, 71:21,
reporting 14:4 176:18 responsible 81:4, 206:11, 210:10,
reports 15:19, 128:3 rescind 75:2 160:18 228:11
represent 23:5, rescinded 75:8 rest 62:19, 93:5, Riverside 116:9
36:6, 57:22, 102:3, Reserve 58:8 94:23, 115:17, 120:9, roads 66:23, 80:23,
102:20, 108:17, reserved 165:3 143:6, 158:10, 88:2, 173:18
Depo Court Reporting Service (630) 983 -0030
Yorkville City Council 261
September 26, 2006
Robert 9:12, 9:17, 162:9, 205:24, 206:2 211:23 150:13
43:4, 43:7, 134:9, rumors 170:17, says 34:2, 60:7, seek 68:18, 68:21
186:14 171:11 143:16, 188:14, seeking 10:12,
Rock 12:23 run 51:19, 107:23, 188:18, 189:4, 10:20, 68:10, 103:16
Rogers 148:23, 142:17, 142:18, 213:21, 236:7 seem 56:5, 123:10,
149:2, 149:3 143:1, 143:10, 144:1, scenario 189:7, 157:23, 208:7
role 109:12, 185:11 159:5, 178:11 212:14 seems 29:9, 55:13,
Roll 4:20, 6:19, 8:15, runaway 178:23 Schanze 99:5, 119:11, 140:2,
27:4, 27:11, 74:18, running 86:12, 97:2, 125:2, 127:5, 156:17 152:20, 186:3, 194:8,
75:9, 76:21, 83:12, 212:11 Schanzes 127:24 227:15
85:23, 88:19, 124:6, runs 19:7, 156:20, schedule 26:3, seen 80:9, 80:12,
125:24, 154:2, 224:20 172:5 86:9, 91:4, 94:7,
155:14, 222:6, rural 30:1, 56:4, scheduled 132:7, 145:6, 145:8, 166:15
223:18, 234:2 144:9, 151:15, 170:6 segments 97:1
Ron 19:19, 19:22, 153:13, 186:22 scheme 30:8 self - serving 23:6
82:15, 200:2, 225:15 rushed 119:12 school 42:3, 79:19, send 122:24, 170:5,
room 83:7, 83:9, 140:15, 140:20; 225:8
83:13, 88:12, 114:16, 190:15, 217:12 sense 23:9, 53:24,
114:21, 132:10, < S > schools 140:9 57:20, 60:12, 87:7, j
188:7, 196:17, 200:6 S. 164:8, 217:14 scrutiny 192:22 117:2, 117:3, 160:15,
Rose 2:9, 216:17 safest 182:17 secon 121:23, 225:6
rotate 15 8: 11 safety 107:15, 122:21 sensible 35:17
rotated 158:7 160:12, 161:3 Second 4:18, 6:17, separate 3:17,
rough 212:11 sake 7:13 8:13, 20:19, 26:22, 104:21
roundabout 207:17 salary 108:7 43:2, 73:17, 74:16, September 78:19,
Route 4:14, 8:5, sale 139:13 75:6, 76:19, 124:4, 114:3, 128:6, 164:17,
10:1, 12:10, 19:23, sales 99:8 125:22, 153:24, 175:18
51:20, 63:6, 66:9, sand 85:7, 85:8, 155:12, 165:23, serious 117:17,
71:1, 71:6, 71:22, 85:14 176:10, 183:3, 120:21, 203:5
76:16, 78:3, 80:9, Sanitary 41:12, 196:20, 222:4, seriously 85:2,
80:12, 80:15, 125:16, 95:17, 96:4, 96:11, 223:16, 233:24 89:23
127:13, 127:18, 96:22, 97:21, 98:2, seconded 4:20, serve 57:22, 119:20,
131:10, 155:9, 98:14 6:19, 8:15, 26:24, 120:6, 120:13
156:20, 156:21, sat 92:5, 109:1, 74:18, 75:8, 76:21, serves 224:21
157:8, 163:9, 194:20, 200:7 124:6, 125:24, 154:2, Service 4:11, 7:24,
194:21, 200:2, satisfied 189:13 155:14, 222:6, 10:13, 76:12, 100:4, 1
214:17, 223:5, satisfies 73:14 223:18, 234:2 125:11, 217:9
223:10, 224:20, satisfy 217:5 Secondly 182:11, serviced 100:13
225:16, 230:22 saw 56:8, 112:16, 203:12 services 96:22,
routes 12:14, 80:9 214:11, 219:9 seconds 223:11 97:5, 99:19
routinely 219:20 saying 34:18, 36:18, secret 62:16 serving 101:8
routing 96:6 42:17, 54:4, 54:5, Section 90:9, 90:12, set 45:23, 87:12,
rude 16:10 68:23, 72:8, 85:21, 167:11, 167:16, 104:21, 107:8, 123:1,
rug 23:24 90:18, 92:7, 116:10, 223:14 136:6, 136:13, 138:7,
Rule 135:14, 135:15, 116:17, 137:11, Sections 223:6 143:18, 170:2, 188:9,
135:16, 162:15 143:12, 144:24, seeding 212:20 205:15, 236:16
rules 24:10, 104:21, 182:3, 188:11, Seeing 30:24, 80:13, sets 118:7, 121:14,
157:18, 157:24, 198:12, 201:17, 109:23, 109:23, 159:9
Depo Court Reporting Service (630) 983 -0030
i
I
Yorkville City Council 262
September 26, 2006
setting 55:15 side 12:8, 70:22, 59:17, 63:15, 139:3, Somebody 25:12,
Settler 51:24, 59:18, 71:4, 71:5, 71:21, 147:24, 164:18, 32:17, 43:1, 43:13,
85:7 76:16, 149:3, 177:13, 203:3 65:12, 88:1, 105:22,
seven 68:7, 81:17, 200:9, 212:3, 225:18, six 25:11, 25:14, 106:1, 122:6, 122:24,
108:24, 128:7, 228:4 28:1, 61:16, 62:3, 184:13, 194:6,
196:13, 197:2 sides 200:4, 227:9, 62:7, 128:12, 146:13, 195:12
seventy 195:19 227:24, 231:15 152:19 Someone 5:14, 9:9,
Several 29:4, 29:8, significant 172:17, size 133:9, 146:10 16:4, 19:16, 22:11,
64:6, 174:19 191:20 skills 176:19 26:10, 30:20, 41:1,
severely 177:12 silly 178:18 skip 168:2, 169:10 55:20, 63:10, 83:20,
sewer 95:17, 96:4, similar 29:8 skipping 168:1, 83:23, 91:10, 91:22,
96:11, 96:22, 98:14, simple 49:4, 60:19, 169:9 95:7, 102:9, 111:6,
101:10 147:17 slash 186:19 125:17, 138:17,
shaking 172:22 simply 50:17, 91:16, slated 157:7 150:6, 153:15, 186:4,
shall 34:2, 136:21 109:21 Sleepy 95:22, 155:9, 195:1, 200:1, 219:2,
shape 165:20 single 68:5, 219:22 223:4, 223:8, 230:4, 228:2, 232:24
share 7:15, 191:15, Sit 36:22, 37:1, 87:9, 230:6 someplace 64:20
231:16 89:17, 183:16 slide 23:22 Sometime 233:15'
sharing 182:8 Site 24:20, 24:23, slightly 132:15 Sometimes 148:7,
Sharon 32:3, 32:5, 36:10, 53:6, 56:16, small 56:22, 56:23, 157:17
37:8 105:24, 118:5, 118:5, 70:10, 99:4 somewhere 106:15
SHEELEY 112:8, 157:15, 165:8, smaller 146:18 soon 161:10, 232:6
112:11, 112:11, 167:13, 169:7, 178:9, Smart 4:6, 5:17, Sorry 28:11, 31:6,
113:6, 113:9, 114:1 178:9, 178:10, 5:20, 5:21, 213:23 32:1, 34:6, 74:24,
sheet 203:18 178:10, 182:14, smell 38:3, 123:10, 95:23, 111:9, 125:19,
Sheridan 230:22 184:12, 184:12, . 184:14, 187:1 134:9, 174:5, 177:3
Sheriff 100:24 184:24, 189:14, smells 158:14, sort 99:18, 101:21,
shod 212:11 192:4, 209:22, 233:5 158:24 118:20, 123:7
short 12:6, 23:21, sited 36:10, 172:16 smokestacks sorts 119:3, 143:5
96:16, 215:19 sites 95:18, 119:17, 130:18 sound 18:6, 106:20,
Shorthand 236:8, 178:8 smoking 83:15 106:21, 186:23,
236:10, 236:13 Siting 49:15, 49:16, so- called 117:12 187:8, 187:14
shortly 165:23 50:6, 53:3, 118:2, softly 188:12 south 4:13, 8:5,
shot 117:22, 201:13, 166:3, 167:9, 167:10, soil 158:9, 158:9, 12:9, 60:3, 71:21,
203:11 167:20, 169:14, 160:13 76:15, 155:8, 156:22,
Shouldn't 106:22 169:17, 169:17, sold 43:13 196:5, 223:5, 223:9,
show 10:23,120:8, 171:19, 176:15, solicited 26:2 223:9, 223:10,
120:14, 136:15, 178:12, 178:13, Solid 45:2, 45:3, 223:13
191:8, 192:1, 232:11, 180:10, 188:21, 45:6, 45:10, 168:4, southern 17:4,
232:12 189:19, 192:10, 168:12, 168:16, 78:24, 82:1
showing 38:5 192:13, 220:1 168:21, 180:18, southwest 4:14,
shown 132:9, sits 36:16, 49:1, 182:13, 184:11, 14:19, 64:11, 78:2
132:10, 132:14 49:20 188:14, 213:10, southwesterly 11:19
shows 14:17, 53:6, sitting 182:3, 218:13, 218:15, space 50:10
131:15 201:21, 212:3, 219:3, 220:10 span 215:19
sic 102:16, 127:23, 214:10 solution 162:4, speaker 26:13,
186:17 situated 10:1, 159:2 178:17, 178:18 26:21, 27:1
sickening 37:17 situation 29:8, solve 122:9 speakers 28:17,
Depo Court Reporting Service (630) 983 -0030
i
I
Yorkville City Council 263 j
September 26, 2006
29:5 144:5, 144:11 163:22, 187:18, 224:16
speaking 115:17, square 4:13 196:6 stress 140:20,
133:23, 171:20 squeeze 134:2 statement 22:24, 169:22
speaks 69:18 ss 236:2 49:13, 67:22, 81:13, strip 159:6
SPEARS 2:9, 5:9, SSA 101:21 84:8, 135:5, 173:4, strong 37:17
5:10, 7:6, 7:7, 8:16, Staff 13:23, 15:5, 178:18, 180:11, structure 136:21
8:17, 27:16, 27:17, 15:15, 15:19, 23:3, 186:19, 193:8, 206:5, structures 133:5,
70:12, 75:24, 76:1, 23:13, 25:11, 48:9, 209:8, 209:11, 137:2 I
77:12, 77:13, 124:19, 72:10, 118:19, 213:21, 221:19, struggle 209:20,
124:20, 126:13, 118:21, 128:3, 228:20, 228:23 209:24, 210:5
126:14, 154:13, 128:16, 162:16, statements 118:9, stuff 16:7, 66:19,
154:14, 156:1, 156:2, 163:17, 164:4 168:23, 171:13, 118:18, 120:23,
216:18, 216:22, stage 192:8 194:21, 201:23, 136:9
217:15, 220:7, stall 114:2 216:19 style 159:7
220:13, 220:16, stand 3:8, 37:17, states 135:24 subclassification
221:4, 221:9, 221:14, 64:9, 65:18, 93:12, stating 34:15, 139:7, 128:22
222:15, 222:16, 174:10 186:24 Subdivision 39:18,
224:3, 224:4, 234:9, standard 107:21, station 8:2, 10:13, 116:9, 210:10
234:10 203:7 19:7, 19:14 subdivisions 19:10,
Special 4:9, 8:1, 8:8, Standards 107:8, stations 177:5, 39:21, 146:13
10:12, 19:13, 49:10, 107:9, 121:14, 180:24 subject 127:10,
134:21, 136:24, 121:18, 136:6, 136:8, statute 10:5, 54:20, 149:4, 166:22,
164:15, 202:17 136:14, 143:18, 73:9, 117:1, 167:23, 167:10, 169:8, 198:6,
specialized 176:18, 213:14, 214:8 180:10, 203:23, 198:9, 198:11,
176:18 standing 85:24, 226:15 211:13, 221:11,
specific 68:18, 94:8, 201:17 statutes 78:7 229:12, 230:6, 233:1
96:15, 113:2, 137:21, standpoint 161:2 statutory 53:11, submit 118:9, 119:3
137:22, 166:3, 183:6 Star 43:16, 76:5, 53:18, 54:11, 189:2, submitted 78:10,
specifically 96:17, 77:24, 94:12, 102:17, 226:20 166:8, 166:16,
176:22, 209:9 102:20, 108:14, stay 48:4, 84:2, 84:3, 166:18, 181:10
specifics 133:15, 154:22, 156:13, 133:4, 198:6, 198:8, subsequent 33:4,
194:8 224:14 198:11, 221:11 33:10, 43:10
speed 38:2, 118:3, start 19:24, 20:12, stays 47:9 subsidize 196:16
227:13 20:16, 25:24, 46:9, sticks 37:19, 157:17 substantial 103:2,
speeded 112:20 47:11, 58:18, 87:3, stinks 23:4, 31:17, 127:22
speeded -up 112:18, 88:1, 118:1, 122:8, 51:20, 51:21, 59:19, substitution 13:3
113:3 188:11 186:1 sudden 29:14
spelled 33:6 started 50:13, 60:3, stood 94:11, 94:18 Sue 35:2, 35:5,
spend 159:21 189:5, 195:22, Stop 19:6, 22:4, 103:10, 103:12,
spent 177:5 206:15 54:3, 85:18, 161:5, 211:7
sphere 79:2 starting 80:10 161:5, 178:22, 183:9, sufficient 50:10,
split 228:3 starts 117:14, 192:7 183:9, 201:2 50:13
spoke 92:6, 224:19 stated 14:12, 14:23, straight 15:16, suggest 17:13, 51:9,
spoken 55:21 14:23, 33:21, 48:17, 71:18, 73:19, 188:9, 153:1, 171:16, 180:7,
spot 21:14, 233:16 58:14, 81:15, 81:23, 205:15 185:4, 219:15
spots 208:2 104:5, 104:6, 104:11, straighten 73:20 suggested 131:23,
Springfield 53:13, 105:5, 105:8, 128:15, Street 39:5, 51:24, 173:8, 219:16
53:14, 53:15, 122:23, 129:3, 132:5, 163:7, 77:23, 95:14, 156:11, suggestion 190:20
Depo Court Reporting Service (630) 983 -0030
I
Yorkville City Council 264
September 26, 2006
suggests 10:11 tax 79:14, 84:20, thir 179:18 tone 159:9
suitability 189:13 84:24, 84:24, 99:8 Third 21:22, 165:24, tonight 14:2, 22:19,
suitable 161:2 taxes 57:13, 79:19, 179:19, 223:7 23:11, 23:12, 24:5,
sulfur 21:7 85:3, 98:24, 141:1, though 54:13, 24:13, 25:23, 25:24,
summary 212:3 216:11, 216:12 163:24, 229:5 30:16, 33:3, 50:5, 9
summer 59:19 taxpayers 60:10 thoughts 91:2, 59:2, 64:22, 81:2,
Sundown 16:24, team 189:12, 213:23 135:12 81:7, 90:4, 96:16,
17:1 tease 38:1 threat 113:16, 114:5, 96:20, 97:20, 99:5,
super - regulate tells 138:5 188:12, 188:13 118:6, 122:17, 144:7, {
136:5 Ten 136:21, 152:19, threatened 112:20 160:3, 165:7, 165:16, s
superimposed 220:15, 220:16 threatening 171:4 166:11, 176:8, 178:2, j
135:2 tentatively 228:3 Three 14:8, 22:21, 179:3, 179:9, 192:7,
superior 50:17 term 34:1, 203:18 24:5, 25:3, 29:5, 193:2, 206:14,
supermarket 118:15 terms 14:11, 37:10, 55:9, 81:19, 95:6, 212:16, 216:4
supplement 143:19 49:23, 107:9, 116:14, 120:12, 140:17, took 39:1, 146:20,
Support 93:14, 116:20, 117:7, 133:1, 169:10, 172:1, 177:6, 147:2, 172:8, 173:19
94:11, 94:14, 189:9 137:6, 137:8, 138:8, 220:12, 220:13; top 133:2
supported 54:13 138:11, 143:21, 220:22, 229:22 topic 64:5, 65:14
suppose 188:7 204:14 throughout 168:23 total 35:19
supposed 17:10, test 194:7, 195:7, throw 111:3, 210:13 totally 61:16, 225:22
23:8, 24:9 195:8 thrown 115:19 touch 86:22, 219:4
supposition 67:15 testified 5:18, 9:13, THUROW 230:15, tough 201:21
surely 111:3 16:20, 18:22, 19:20, 230:18, 230:21, towards 182:2
surreal 139:2 22:16, 28:24, 31:9, 230:21, 231:18, towers 159:7
suspect 61:8, 91:4 32:4, 35:3, 41:5, 231:21, 232:1 town 35:20, 56:22,
sworn 194:5, 236:7 43:5, 44:12, 49:7, Thursday 89:21, 56:23, 64:18, 139:5,
Sycamore 4:14 55:5, 56:1, 58:5, 112:16, 219:10 141:7, 148:5
system 59:23 66:6, 70:7, 72:18, tied 98:10 Township 10:2,
systematically 77:19, 92:24, 95:11, timely 73:3, 180:16 223:6, 229:3, 229:8,
85:19 102:12, 112:9, Timetable 23:24, 229:8, 229:24,
114:10, 116:6, 95:16, 96:1, 96:2, 232:15, 232:20,
126:22, 138:21, 96:3 233:16
< T > 148:24, 149:16, timing 96:8, 97:7, townships 190:15
table 29:13, 39:1, 164:9, 184:1, 187:23, 163:24 toxic 210:14
74:10, 114:4, 196:1, 202:12, 215:10, title 102:23, 103:3 track 31:17, 232:10
205:5, 214:10 230:19 today 103:23, 104:2, traffic 20:17, 20:18,
tables 23:19 testifies 120:23 106:2, 158:18 57:14, 86:4, 86:7,
taint 205:16 testimony 90:22, Todd 22:15, 22:17, 88:2, 143:6, 159:16,
talked 58:16, 82:17, 94:4, 129:7, 195:13 193:23 171:24, 172:17,
84:10, 84:19, 85:5, testing 213:24, together 22:21, 175:8, 203:20
134:12, 134:12, 214:9 23:17, 48:16, 87:6, trailed 95:24
139:24, 172:12, Thanks 74:6, 119:7, 88:9, 147:16, 217:12 train 178:23
173:16, 189:20, 123:15 tolerate 87:18 transcript 16:5,
209:9, 226:7 themselves 99:18, Tom 28:23, 29:2, 106:17, 236:13
talks 18:7, 84:20, 101:10 63:5 transfer 177:5,
186:3 thereabouts 191:1 tomorrow 139:14 180:24
tape 82:13, 209:8 therein 166:22 ton 195:19, 195:23, transition 163:3
tapes 50:9 thinking 147:1 196:9 transitional 15:7,
Depo Court Reporting Service (630) 983 -0030
I
i
Yorkville City Council 265
September 26, 2006
163:3 135:24 40:24, 42:16, 46:21, upkeep 187:1
transmission 159:8 tw 28:1, 29:4, 29:24, 48:6, 52:22, 59:22, upset 112:3, 217:18,
trash 86:12 89:5, 200:17 68:8, 87:8, 89:8, 217:22
travel 66:23, 229:12 twenty 196:13, 197:2 89:15, 92:17, 108:3, urge 31:12, 79:11,
traverse 188:5 Two 12:11, 23:14, 109:6, 109:11, 111:2, 207:21
Travis 13:15, 81:10, 25:1, 32:10, 34:4, 111:18, 111:23, urgent 57:13
96:12, 106:6, 128:2, 34:7, 37:11, 39:3, 129:11, 134:6, 141:9, urging 209:23
129:15, 151:5 45:7, 61:2, 72:21, 147:5, 149:5, 169:21, useful 11:24
treading 211:14 89:22, 92:5, 110:6, 169:22, 186:9, 195:1, uses 17:18, 17:19,
Treasurer 2:11 122:18, 130:20, 200:9, 201:4, 201:24, 79:8, 81:1, 98:21,
treatment 24:4, 25:5 139:1, 146:13, 204:16, 211:4, 99:10, 129:23,
trend 190:12 156:19, 165:15, 227:16, 227:20 129:24, 130:23,
trial 54:14, 174:8 172:1, 179:17, understanding 18:9, 131:3, 131:4, 131:4,
trick 174:8 179:21, 181:19, 48:19, 58:18, 59:3, 131:5, 157:10,
tried 58:11, 58:12 191:1, 191:19, 196:9, 99:7, 163:20, 181:23, 159:12, 163:1,
trucking 36:13 196:14, 197:7, 185:14, 185:16 163:19, 225:20
trucks 35:17, 55:11, 215:21, 232:7 229:17 1 using 72:3
84:6, 86:12 two -fold 106:24 understood 191:16 utilities 101:18,
true 24:6, 43:14, two -part 181:19 unfortunate 177:15 101:20, 133:7
75:1, 82:5, 103:18, type 20:22, 32:22, Unfortunately 52:19, utility 133:2, 133:8,
108:10, 113:11, 51:2, 98:13, 98:23, 78:13, 176:6, 211:15 136:22
135:4, 204:7, 236:12 99:8, 101:22, 102:20, unheard 173:23 utilize 98:14
Truly 144:18, 145:3, 102:21, 102:24, UNIDENTIFIED 31:3, utmost 89:24
147:6 130:15, 207:8 44:4, 91:12, 174:3
Trust 76:5, 77:24, types 130:20 unincorporated I
78:1, 94:12, 102:23, Typically 39:20, 35:9, 35:12, 35:21, < V >
103:4, 103:5, 103:7, 41:21, 42:9, 96:7, 114:14, 168:18, vacate 227:11,
103:14, 123:2, 98:22, 117:23, 169:1, 211:18 227:21, 228:16
154:22, 156:13, 130:19 uninformed 24:6 vacating 226:20,
156:13, 213:22, unique 217:7 229:14
224:14, 224:15 Unit 135:15, 135:16 vacation 95:22,
trustee 102:22 < U > United 1:2, 2:16, 4:8, 223:4, 225:5, 225:10,
truth 198:18, 206:15 u/t 76:6, 154:22 4:9, 7:20, 7:22, 7:23, 231:11, 231:17
try 6:4, 59:15, 123:1, ulterior 30:10 48:22, 48:24, 76:8, VALERIE 2:5
143:19, 148:3, ultimate 46:10, 76:9, 76:11, 125:4, Valley 55:8, 55:12,
174:10, 180:7, 135:6 125:6, 125:9, 154:24, 85:7
185:15 ultimately 98:1, 155:2, 155:3 value 110:9, 177:10,
trying 16:11, 21:4, 165:2, 175:11, 219:1 units 99:2 178:1, 232:20
21:11, 23:22, 35:8, unanimous 14:6, unless 26:16, 133:8, values 114:23
48:4, 59:14, 66:22, 81:17 182:7, 216:15 variety 157:10
100:21, 118:2, unanimously 128:9 unlike 17:18 Various 17:7,
138:14, 141:1, 181:8, unbelievable 141:8 until 21:15, 26:14, 101:24, 103:8,
189:1, 208:5, 215:19 underground 42:4, 65:14, 82:13, 217:20
tucked 136:9 132:22, 136:22 88:24, 93:22, 101:12, ventures 80:10,
Tuesday 89:21, underlying 68:12, 110:23, 122:8, 165:4, 103:1
89:21, 219:12 93:10, 127:7, 128:20, 175:17, 175:18 Verna 114:9, 114:12
turn 20:22, 67:20 229:11 update 78:22 version 166:7
turned 54:12, 60:6, Understand 29:16, upgrade 57:17 versus 45:17, 45:20,
Depo Court Reporting Service (630) 983 -0030
i
Yorkville City Council 266 j
September 26, 2006
137:16 53:15, 117:21, 71:5, 71:13, 72:21, 33:17, 33:23, 34 :5,
viable 196:8 142:16, 185:21, 76:16, 95:14, 132:15, 34:10, 34:20, 37:8,
vice - president 16:24 200:4, 200:6, 209:6 150:10, 155:9, 37:8, 51:23, 65:20,
view 36:4, 38:13, warehousing 131:4 156:17, 184:3, 65:23, 102:18
169:23, 174:13 Warren 148:23, 215:13, 223:11 whoever 117:10,,
village 17:8, 146:1, 149:2 westerly 127:15 117:11, 118:10, p
228:18 Waste 45:2, 45:3, whatever 19:7, 42:7, 119:20, 121:2
Virginia 231:3 45:6, 45:10, 157:16, 43:16, 49:20, 61:23, whole 30:2, 31:16,
virtue 10:4 168:4, 168:12, 92:10, 113:15, 121:4, 64:6, 83:18, 109:12,
1 virus 64:18 168:16, 168:22, 134:13, 134:17, 109:21, 147:2, 160:8, I
VITOSH 1:8,236:6, 180:15, 180:16, 138:4, 144:2, 158:22, 186:9, 189:7, 218:16,
236:23 180:18, 182:13, 162:6, 181:10, 187 :4, 232:2
voice 116:12, 143:9 184:11, 188:14, 194:8, 204:20, whomever 43:11
voted 33:18, 54:3, 188:16, 210:14, 204:21, 206:22, wide 159:6
56:11, 91:17, 128:8, 213:10, 218:13, 231:2 width 133:16
197:18, 197:24, 218:15, 219:3, 219:9, whenever 206:19 wife 86:2, 87:16
207:9, 226:22 220:10 WHEREOF 236:16 WILLIAM 2:11
votes 33:4, 34:4, watch 88:5 WHEREUPON 3:1, willing 191:15
34:7 watching 30:18 5:16, 9:11, 16:18, win /win 63:14
voting 65:10, 65:11, Water 21:5, 63:10, 18:20, 19:18, 22:14, wind 39:17 p
68:7, 117:22, 226:10 63:16, 77:23, 95:17, 28:22, 31:7, 32:2, window 150:13
96:5, 96:12, 96:22, 35:1, 41:3, 43:3, windows 37:13
98:15, 101:10, 111:4, 44:10, 49:5, 55:3, winds 35:14
<W> 122:8, 156:11, 173:7, 55:23, 58:3, 66:4, wins 119:20, 178:15
Wait 25:6, 82:13, 194:1, 224:15 70:5, 72:16, 77:17, wisdom 63:7
122:23, 215:5, 227:4 waters 146:2 92:22, 95:9, 102:10, wish 10:22, 98:2,
waiting 210:22 ways 57:17, 109:16, 112:7, 114:8, 116:4, 183:3, 183:8 f
waiving 41:16 109:18 126:20, 138:19, withdrawn 10:14
walk 58:23 web 56:16, 105:24, 148:22,149:14, within 11:18, 12:23,
walked 88:17, 118:4,118:5 164:7, 183:23, 13:1, 23:9, 60:5,
195:24 Webb 63:9 187:21, 202:10, 60:8, 67:1, 72:12,
Walker 156:21, Wednesday 166:16 215:8, 230:17 79:4, 82:7, 98:10,
224:20 week 166:9, 170:16, Whether 36:11, 119:16, 131:3,
wanted 51:1, 55:14, 179:19, 195:17, 52:11, 53:5, 53:16, 152:15, 180:15,
66:19, 90:7, 105:21, 217:8 61:23, 79:24, 92:10, 182:15, 227:8
119:7,160:24, weeks 87:17, 107:6,112:18, without 23:18, 26:2,
167:24,171:23, 174:19, 215:21 112:24, 113:14, 26:4, 54:16, 54:16,
172:19,172:20, weighing 122:20 114:5,117:10, 142:21, 148:2, 152:3,
173:5,174:14, welcome 39:11, 118:11, 120:14, 175:2, 207:7, 218:21
174:14, 174:15, 39:12, 92:20, 192:18 141:10, 141:24, withstands 192:22
175:1, 187:18, welding 122:5 143:9,144:2, 146:4, WITNESS 236:16
191:10, 203:21, welfare 160:12 152:15,158:20, witnesses 192:16
204:2, 219:6 Wei Is 21:8, 85:11, 160:6, 174:14, WOLFER 2:6, 4:17,
wanting 61:11, 194:7, 194:23, 195:7, 174:15, 190:14, 5:1, 5:2, 6:16, 6:22,
66:10, 66:13, 66:18, 195:9, 231:3, 231:12 193:19, 207:8, 6:23, 8:12, 8:24, 9:1,
68:16, 93:3, 196:15, West 12:6, 19:1, 209:10 27:5, 27:6, 67:11,
198:24 29:15, 32:5, 35:14, WHITE 21:14, 32:3, 74:16, 75:6, 75:16,
wants 32:17, 52:23, 37:8, 38:23, 65:23, 32:5, 32:5, 33:14, 75:17, 76:19, 77:4,
Depo Court Reporting Service (630) 983 -0030
Yorkville City Council 267
September 26, 2006
77:5, 124:11, 124:12, < Y > 154:23, 154:23
126:5, 126:6, 154:5, y'all 85:23, 88:13, may 16, 2006 168:3,
154:6, 155:17, 92:3, 92:4, 201:15 168:3, 168:3
155:18, 179:7, 180:2, yank 136:16 may 4, 2006 168:22,
185:16, 185:24, yard 18:15, 38:13, 168:22, 168:23
186:5, 186:24, 222:7, 210:14 september 26, 2006
222:8, 223:19, year 62:3, 62:8, 1:8, 1:8, 1:9
223:20, 234:17, 110:9, 110:10,
234:18 146:22, 146:23,
woman 232:6 147:2, 148:12, 158:8,
wonder 35:10, 158:11, 170:17,
112:15 171:6, 191:3
wonderful 57:4 years 20:14, 29:8,
wondering 59:5, 40:20, 45:8, 50:12,
73:2, 95:15, 150:17, 55:8, 62:10, 86:2,
150:24, 216:3, 216:8 86:6, 145:4, 145:22,
word 87:2, 88:16, 146:1, 146:3, 152:20,
89:12, 89:12, 89:13, 157:14, 180:23,
136:18, 194:12 217:13 l
words 190:22 Yesterday 10:8,
work 51:23, 85:14, 103:22, 104:1, 105:5,
87:23, 141:5, 188:6, 105:8, 105:23, 106:2,
199:12, 207:22 107:18, 108:2,
worked 45:24, 158:8 108:14, 139:6, 161:6,
working 88:1 161:15, 166:2,
works 36:5, 90:8, 166:11, 170:7, 194:2,
118:23 206:14
worrying 35:21 Yorkville - bristol
worse 52:22, 41:12, 97:20
144:14, 144:16 yourself 88:23,
worst 161:24, 162:4, 169:13, 221:21
178:9 yourselves 80:24
worth 161:18
wrap 193:4, 193:10, i
204:9, 205:12, < Z >
205:13 zer 81:18
write 41:23 zero 128:8
written 14:13, 118:9, zoned 10:17, 110:15,
119:3, 119:4 128:23, 153:2, 153:3,
wrote 65:21 199:7
WSPY 209:7 zones 109:13
Wyeth 2:15, 8:9, zonings 127:19,
33:2, 33:16, 33:20, 130:20
33:24, 34:7, 46:6,
73:9, 174:18, 174:21,
174:23 < Dates >
august 8, 2006 76:6,
76:6, 76:6, 154:23,
Depo Court Reporting Service (630) 983 -0030
I