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City Council Minutes 2010 06-08-10 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, JUNE 8, 2010 Mayor Burd called the meeting to order at 7:03 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Present Ward I I Gohnski Present Plocher Present Ward III Munns Present (until 9:45) Sutcliff Present Ward IV Teeling Present (until 8:30) Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Attorney Orr, Attorney Gardiner, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Police Lieutenants Schwartzkopf and Delaney, Public Works Director Dhuse, Finance Director Mika, City Engineer Wywrot, Public Relations Officer Spies, Community Development Director Barksdale -Noble and Superintendent of Parks Sleezer OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Sutcliff asked that Item #I under the Administration Committee Report be moved up on the agenda to before the Mayor's Report. Alderman Gilson asked that Item # 4 - Ordinance Amending the Code of Ordinances Providing for the Regulation of Opening Burning (PS 2010 -07) be removed from the consent agenda and placed on the regular agenda under the Public Safety Committee Report. Mayor Burd reported that the public hearing for RI Waterman Properties, Inc. has been tabled indefinitely. Amendment approved unanim ously by a viva voce vote COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., June 15, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., July 6, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., June 17, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., June 24, 2010 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS Pulte Homes Pulte Homes, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Autumn Creek Annexation Agreement and Planned Unit The Minutes of the Regular Meeting of the Citv Council —June S, 2010 — ua 2 Development dated April 12, 2005. The real property consists of approximately 265 acres located immediately north of Route 34, north and south of Kennedy Road, generally east of McHugh Road and generally the west of Bristol Ridge Road, Yorkville, Illinois. Centex Homes Centex Homes, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Annexation Agreement and Planned Unit Development dated April 26, 2005. The real property consists of approximately 633 acres located east of Route 47; north and south of Galena Road; and west and east of Cannonball Trail at Galena Road, Yorkville, Illinois. RI Waterman Properties, Inc. RI Waterman Properties, Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Grant Reserve Annexation Agreement and Plan Unit Development dated July 2 a second 2003. The real property consists of approximately 1037 acres located generally North of Veterans Parkway; generally North and South of BNSF Railroad; and generally south of Galena Road, Illinois. 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 meeting. CITIZEN COMMENTS Vickie Coveny stated that she requested an amendment to the ordinance addressing open burning because she has a problem with a neighbor who burns in their fire pit and has parties. She asked the City Council to pass the amendment. CONSENT AGENDA 1. Monthly Treasurer's Report for March 2010 (ADM 2010 -21) 2. Police Reports for April 2010 (PS 2010 -09) 3. Request to Purchase Squad Cars — authorize Police Department to purchase two new Crown Victoria squad cars from Landmark Ford in an amount not to exceed $42, 000 and to transfer equipment from old cars and stripe new cars in an amount not to exceed $4000 (PS 2010 -10) 4. Ordinance 2010 -24 - Approving a Redevelopment Agreement with Muellner Construction, Inc. - authorize Mayor and City Clerk to execute (EDC 2010 -20) 5. Ordinance 2010 -25 - Amending the Code of Ordinances Amending the Definition and Duration of Banners and Providing for Deposit for Temporary Banner Signs - authorize Mayor and City Clerk to execute (EDC 2010 -21) 6. Ordinance 2010 -26 - Approving the Relocation of Specific Signs Impacted by the Widening of Illinois Route 47 - authorize Mayor and City Clerk to execute (EDC 2010 -15) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Werderich; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -7 Nays-0 Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Golinski -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Director Barksdale -Noble reported that there will be a public hearing for the text amendment to the M -1 Manufacturing District at the Plan Commission meeting tomorrow. The amendment will allow for the manufacturing of alcoholic beverages at microbreweries. In July, the Zoning Board of Appeals will have a public hearing for a zoning variance for a U.S. Cellular tower. MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated June 2, 2010, totaling the following amounts: checks in the amount of $399.24 (vendors FY 09/10); $291,066.01 (vendors FY 10 /11); 243,212.07 (payroll period ending 5/22/10); for a total of $534,677.32; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Golinski -aye, Werderich -aye i The Minutes of the Regular Meeting of the Citv Council — June 8, 2010 — pa 3 REPORTS ADMINISTRATION COMMITTEE REPORT Amending the Code of Ordinances Establishing Guidelines for Historical Preservation and Establishing a Historic Preservation Commission (ADM 2010 -32) A motion was made by Alderman Sutcliff to approve an ordinance amending the Code of Ordinances establishing Historical Preservation Guidelines and establishing a Historic Preservation Commission and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Sutcliff reported that the Administration Committee discussed the intent of the ordinance which is to save historical buildings because they are important to the economic integrity of Yorkville. Mayor Burd noted that Stephanie Todd with the Kendall County Historic Commission was present to answer questions. Attorney Orr explained that the ordinance permits anyone to submit for historic status for a structure or district. The petition is then heard by the historic preservation committee. If they support the petition it comes before the City Council for approval. If the structure is deemed historic, limitations are placed on the property. The hope is that these properties would be eligible for state /federal funding. Alderman Spears commented that the ordinance appeared weak on the qualifications for the members of the historic committee compared to other city's ordinances. She stated the other ordinances that she reviewed require that members of a historic committee must reside in the city. She also found that the state energy code does not apply to historic buildings and that alterations to historic buildings are usually reviewed by the commission. She went over several other requirements other municipalities have in their historic ordinances and requested that more research be done before the City Council approves this ordinance. Attorney Orr commented that an opposite view to members living in the city was taken when developing the ordinance. She stated that this leaves it open to allow experts from outside Yorkville to sit on the committee. Alderman Spears felt it was more positive for Yorkville to have everyone on the committee be a resident. Ms. Todd stated that she could see Alderman Spears position however there has been a problem in other communities where there is no historical architect, historian, etc. living in the city. She felt that Yorkville should have professional help in decisions and the commission should have a blend of people. Alderman Gilson felt the ordinance had good intent however he suggested an ad hoe committee of residents be formed to get input from the community especially those in the downtown area. His reservations about the ordinance were that that the language on historic districts is subjective; the ordinance gives power to local government to tell existing or new owners how they can or cannot renovate their property; there is a problem with others applying for designation other than the owner and the ordinance regulates renovations. He felt that this needs to be looked at further including discussions with property owners. Ms. Todd explained that the ordinance is intended to be vague; if it is too strict some structures such as the Farnsworth House might not apply. She stated that it is up to the property owner to explain the merits of historic designation to the committee. It then goes to a public hearing and finally the City Council votes on it. She noted that it is an honor to have this designation installed on property and it also protects it. Ms. Todd further explained that both the state and federal governments have things in place addressing preservation. The intent is for local government to have something in place in order to have a public hearing each time someone applies for historic preservation. She noted that the downtown is not the only area affected; residents in the historic courthouse area have expressed an interest. Alderman Golinski stated that he was in favor on the ordinance with a few reservations. He agreed that the members should be residents and he felt that the commission should be able to elect their own officers. This should not be left up to the mayor. Mayor Burd noted that residents helped develop the Fagade Committee and when the committee was developed there wasn't an architect available who lived in the city. She stated that sometimes a smaller community doesn't have experts available. She stated that with the ordinances written this way, people on the Kendall County or state commissions could be appointed to serve. Ms. Todd explained that Naperville had a " loose" commission. A realtor bought an historic home and tore it down. They have since tightened up their ordinance and commission. The Minutes of the Regular Meeting of the Citv Council — June 8. 2010 — uagg 4 Alderman Plocher noted that several years ago Kendall County looked into a similar ordinance and he asked if it passed. Ms. Todd stated that it did. She explained the ordinance started as a movement to save a farm. The county worked on the ordinance for a year however two members didn't like it so it was changed. By the time the process was complete, state and federal funding was no longer available. Clerk Milschewski asked if someone other than the property owner could initiate historic status on a -- property. Ms. Todd answered yes. Clerk Milschewski, as an owner of an old home, expressed her concern with this. There was discussion on how the status limits homeowners when doing home improvements such as new windows, additions, etc. Mayor Burd added that if the owner objects to the nomination, they can come before the City Council and object. Alderman Spears related a story about an elderly couple in St. Charles who wanted to install energy efficient windows out of necessity but were told they needed historic windows which were costly. The owners could not afford the windows and took the matter to court. She stated that she did not want the city to get involved in something like this. She reiterated that she still felt that all members on the commission should be residents and suggested that if it appears there are no qualified people available the ordinance can be addressed at that time. Ms. Todd explained that the case Alderman Spears referred to actually happened in Geneva and it involved a 1950's home in a historic district. The owners replaced the windows and then the historic community stated they shouldn't have used the windows they did. She stated that the property in question was historically insignificant so the replacement of the windows should not have mattered. She stated that this is an example of why professionals are needed on the commission. Alderman Munns suggested that the matter be tabled or the question be called. He stated that several aldermen have noted they would like to see changes so he suggested tabling the matter. Mayor Burd polled the City Council to see who supported residents only on the commission. The consensus (4 in favor, 2 against and 1 present) was to change the ordinance to indicate the historic commission would be made up of Yorkville residents only. Mayor Burd polled the Council to see if they supported the commission electing their own officers. The consensus supporting this was unanimous. Alderman Plocher suggested that ordinance be changed to say only property owners can nominate themselves. Attorney Orr stated that if this is changed, the ordinance will have no "teeth ". Changing this allows developers to tear down buildings if there is no historic district. Mayor Burd noted that Chapel on the Green may be sold and she would like to see it saved. If the building is nominated then it cannot be torn down. Mayor Burd polled the City Council to see who supported nominations from property owners only. It was the consensus of the City Council (2 in favor, 4 against and I present) that anyone could nominate a property. A motion was made by Alderman Gilson to send the ordinance back to committee; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -4 Nays -2 Spears -aye, Plocher -nay, Werderich -aye, Golinski -aye, Gilson -aye, Sutchff- -nay I MAYOR'S REPORT Proclamation for Annual Play Day (CC 2010 -50) Mayor Burd proclaimed September 25, 2010 as Play Day in the United City of Yorkville. (See attached). Appointment to Plan Commission — Jack Jones (CC 2010 -51) Mayor Burd read a statement (see attached) regarding appointments to city boards and commissions. Mayor Burd entertained a motion for the re- appointment of Jack Jones to the Plan Commission. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -6 Nays -0 Sutcliff -aye, Spears -aye, Plocher -aye, Werderich -aye, Gohnski -aye, Gilson -aye The Minutes of the Regular Meeting of the Citv Council — June 8, 2010 — paw Appointment to Park Board — Chris Rollins (CC 2010 -52) Mayor Burd entertained a motion to approve the re- appointment of Chris Rollins to the Park Board. So moved by Alderman Golinski; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -6 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Gilson -aye, Sutcliff- -aye Resolution 2010 -13 Authorization to Apply for OSLAD Grant for Bicentennial Riverfront Park (CC 2010 -53) Mayor Burd entertained a motion to approve a resolution of authorization to apply for OSLAD Grant for Bicentennial Riverfront Park re- development and authorize the Mayor and City Clerk to execute. So moved by Alderman Werderich; seconded by Alderman Golinski. Administrator Olson indicated that Superintendent of Parks Sleezer was present to answer any questions and noted that the fountain has been switched out for a playground. He stated that he was looking for authorization to apply for the grant. Alderman Sutcliff asked who wrote the grant and Administrator Olson explained that City Park Designer Schraw wrote it and he reviewed it. Alderman Gilson noted that in Administrator Olson's June 4, 2010 memo it states the white water chute will be completed by August 2010. He asked if staff reaffirmed this date. Administrator Olson stated that he did reaffirm the date and the contract will extend the date to September 30, 2010 as the chute will now open in October. Mayor Burd added that the IDNR is postponing the opening to avoid erosion on the island in the river. Alderman Gilson noted that the city's portion of the improvement will cost about $400,000.00 with $60,500.00 being cash paid by the city. He asked if this was in the budget. Administrator Olson explained that the $60,500.00 is will be paid through staff hours, in -kind services, etc. There is a budget line item for architect design fees but they don't expect to use it. Alderman Gilson clarified material and staff work amounts. He also asked if there was any other use for the CorLands parcel. Administrator Olson explained that the CorLands property is held to be used for grants such as this. He stated that if the land is not going to be used for grants, the city should take title and get rid on the holding fees. Alderman Gilson asked if the city was locked in to the 2013 completion date. Administrator Olson stated that it could take longer to complete the project. Alderman Gilson asked what happens if the state payment does not come through. He was concerned with the budget deficit and the economy and question why the city would commit to completing this project by 2013. Mayor Burd explained that there are designated state funds which have to go to parks. These funds are not co- mingled with the state's general fund. Alderman Sutcliff stated that she felt the park was necessary to enhance what is being done with the dam. She also felt that the city had a good chance to get the grant and that the white water chute and re- developed park would be an economic stimulus for the city. A motion was made by Alderman Plocher to call the question; seconded by Alderman Sutcliff. Alderman Spears objected to the motion as not all the City Council had a chance to speak on the subject. Alderman Plocher withdrew the motion. Alderman Spears noted that many state funding accounts such as MFT have been depleted. She disagreed with Administrator Olson's comment in his memo regarding legislatures support for the OSLAD grant. She stated that there is a public drive to remove incumbents from office due to corruption at the state level. Political support may not be there after the next election. She stated that governing bodies should not be underestimated in what they will do to decrease the budget deficit. She questioned what it would cost the city to use TIF dollars for the project. Administrator Olson stated that it would cost the city whatever it wanted. He wanted to inform the City Council that the project is eligible for TIF dollars in the event that the grant is not received. If the Council wants to proceed, there are some TIF dollars available however there are not enough for the entire project. Alderman Spears explained that requests for almost $4 million have been submitted for grants and that in 2009 the city did not receive any grants. Also, if the city receives the grant and cannot match it, it will be penalized. Administrator Olson reiterated that the city was not matching the funds in cash but with the CorLands property and in -kind services. The Minutes of the Regular Meeting of the Citv Council — June 8. 2010 — nage 6 There was a brief discussion on CorLands role in holding property for the city for $10,000.00 /year. Alderman Werderich agreed with Alderman Sutcliff. He felt that this was an important project for the downtown with a minim outlay for the city. Alderman Golinski also agreed. He stated that Mrs. Schraw did a good job with the grant. He asked if there was any further information on the pedestrian bridge over the river. Mayor Burd stated that she spoke with the IDNR who explained that the bridge is pre -made and will drop into place when the project is done. Superintendent of Parks Sleezer added that the bridge is a standard "golf course" bridge and that there will be enough clearance under it for an ambulance. The bridge should be in place in spring of 2011. A motion was made by Alderman Plocher to call the question; seconded by Alderman Sutcliff. Motion to call the question defeated approved by a roll call vote. Ayes -2 Nays -4 Plocher -aye, Werderich -nay, Golinski -nay, Gilson -nay, Sutcliff -aye, Spears -nay Alderman Gilson questioned if there was to be a removable fishing pier. Superintendent of Parks Sleezer stated that a permanent pier is planned. Alderman Gilson reiterated his concern for the city entering into a costly project and the resulting future maintenance costs. Motion approved by a roll call vote. Ayes -4 Nays -2 Spears -nay, Plocher -aye, Werderich -aye, Golinski -aye, Gilson -nay, Sutcliff- -aye Bristol Bay Park "A" Shade Structure — Change Order (CC 2010 -54) Mayor Burd entertained a motion to approve an increase to the purchase of the Bristol Bay Shade Structure from Team Reil, Inc. in an amount not to exceed $831.00 and authorize the Mayor to execute. So moved by Alderman Golinski; seconded by Alderman Plocher. Administrator Olson explained that the shelter was previously approved with a "not to exceed" number. The actual cost is more and the funds are available. Motion approved by a roll call vote. Ayes -6 Nays -0 Plocher -aye, Werderich -aye, Gohnski -aye, Gilson -aye, Sutcliff -aye, Munns -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Ordinance 2010 -27 Reapproving a Development Agreement with and Approving a Rezoning to B -2 General Business District for River Oaks Property Development, LLC (CC 2010 -49) Attorney Orr reported in that the River Oaks Property Development Agreement had been previously approved and rezoned however the agreement was never signed by the developer. This ordinance will reaffirm what was previously approved due to expiration of dates in the agreement. This is a housekeeping item with the same developer using current fees. There are no other changes. Mayor Burd entertained a motion to approve an ordinance reapproving development agreement with and approving of rezoning to B -2 General Business District for River Oaks Property Development, LLC and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski; seconded by Alderman Plocher. Alderman Gilson questioned how this got lost in the system. Mayor Burd explained that the former city attorney never prepared the ordinance for the rezoning. Alderman Gilson asked if the agreement was null and void without signatures on it. Attorney Orr explained that there is nothing in the agreement stating a termination date for the rezoning. She stated that at the previous meeting the record wasn't available with information on the agreement or the rezoning. It was clarified that the development agreement and rezoning had been approved however the developer never signed the documents. The agreement was null and void because the agreement was never executed. If the developer signed the original agreement now it would be valid. Attorney Orr suggested reapprovmg the agreement and zoning for the record. The Minutes of the Regular Meeting of the City Council — June 8, 2010 — paue 7 Alderman Gilson asked what the legal ramifications were if the City Council did not approve it. Attorney Orr explained that the zoning would remain the same and her defense would be statute of limitations. Alderman Gilson stated that he has voted on things in the past in order to maintain the Comprehensive Plan. He stated he was voting against this as it does not conform to the plan. Community Development Director Barksdale -Noble clarified that the rezoning for this property took place in 2005 and the Comprehensive Plan was updated in 2008. She commented that if the rezoning was known the Comprehensive Plan may have reflected it. Alderman Spears stated that the petitioner has experienced a hardship due to the city's error. She suggested that the City Council lock in the fees for another five years. Alderman Golinski agreed with Alderman Spears and added that he was surprised that the developer did not ask for this. A motion was made by Alderman Spears to amend the ordinance to allow for the continuation of fees for an additional five years; seconded by Alderman Golinski. Alderman Golinski asked for a ballpark figure of the fees. Administrator Olson stated that there are no impact fees but the water connection fee has been increased. He has no specific amount. Motion to amend defeated by a roll call vote. Ayes -2 Nays -4 Werderich -nay, Golinski -aye, Gilson -nay, Sutcliff -nay, Spears -aye, Plocher -nay Motion approved by a roll call vote. Ayes -5 Nays -1 Werderich -aye, Golinski -aye, Gilson- present, Sutcliff -aye, Spears -aye, Plocher -aye CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Olson reported on the following: • He found out that the Fox Valley Shopper is protected by the 1S t Amendment and has threatened litigation if the city prohibits delivery to resident's driveways. • The Aurora Paddlesport Festival is being help at Phillips Park on June 12, 2010 from 9:00 a.m. to 6:00 p.m. and June 13, 2010 from 9:00 a.m. to 5:00 p.m. FINANCE DIRECTOR'S REPORT Director Mika reported that she attended two seminars on risk management and IMRF. There will be rate changes to IMRF next year which affects new hires. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that they have started street sweeping today. CHIEF OF POLICE'S REPORT Chief Hart reported that: • The Special Olympic Torch Run will be held on June 9, 2010 beginning at Blackberry Oaks Golf Course at 9:00 a.m. and ending at the gazebo in Town Square Park. • Yorkville was called out to assist with the Streator tornado. Any costs incurred will be reimbursed. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported: • The season's first Music Under the Stars event will be this Friday with the Waubonsee Community College Jazz Combo playing. Fox Valley Winery will also be sponsoring a wine tasting event in conjunction with the music. • September 25, 2010 will be the Playful City celebration and Brat Fest which will be held from 4:00 p.m. to 8:00 p.m. at the Riverfront Park. Music will be provided by Frank and Dave. The event is being held the same day as the Hunting and Fishing Days at Silver Springs State Park. The Minutes of the Regular Meeting of the Citv Council — June 8, 2010 — nag_e 8 COMMUNITY DEVELOPMENT DIRECTOR REPORT Community Development Director Barksdale -Noble reported: • The Zoning Commission is reviewing the Zoning Ordinance. Their next meeting is June 23, 2010. • The Building Department has added information to the city's website regarding required permits. She stated that the Building Department could be contacted for more information. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported: • The Route 34 Yard Sale will be held June 18, 2010 from 8:00 a.m. to 3:30 p.m. and June 19, 2010 from 7:00 a.m. to 3:30 p.m. at Countryside. Forty -four venders will be participating and space is still available. • Senior Ad Hoc Committee will have a senior survey in the next water billing. COMMUNITY & LIAISON REPORT Returned Cash Alderman Plocher reported that while he was shopping at Target he lost $100.00 in cash. Someone found it and turned it in. He thanked whoever turned in the money. Illinois Attorney Generals Educational Workshop Alderman Spears reported that as a board member of NEIL, she attended the Illinois Attorney Generals Educational Workshop and Silver Beat Training on June 2, 2010. Before the workshop began Alderman Spears met with Attorney General Lisa Madigan and several of her staff. They discussed various issues occurring in Kendall County as well as focusing on many senior citizen issues throughout the state. Attorney General Madigan created the Silver Be educational training program to ensure that seniors have the knowledge and tools needed to guard themselves from con artist and deceptive business practices. Last year there were over 31,000 consumer fraud complaints with the tremendous increase in debt settlement and identity theft. Focus of the workshop was placed on three reported scams that are increasing rapidly; spoofing, grandparents scam and Census scam. Memorial Day Luncheon Alderman Spears reported that on May 28, 2010 she attended a Memorial Day Luncheon at the Yorkville American Legion Post 489. The event was hosted by the Yorkville Senior Services Associate and sponsored by Law Elder Law. The event was well attended and all senior veterans for all divisions of the Armed Forces were acknowledged and honored. She thanked Patty Strahan, Activity Director for the Yorkville Senior Services Association for all her hard work in organizing the event. Bill Foster Event Alderman Spears reported that she attended Congressman Foster's event designed to assist small State of Illinois businesses. The event focused on small businesses doing business with the Federal Government. Representatives from the General Services Administration, the Small Business Administration and the Procurement Technical Assistant Center presented information and answered questions on how small businesses may qualify for various programs offered by the Federal Government. KenCom Mayor Burd reported that she and Administrator Olson met with County board members Anne Vickery and John Purcell along with the mayors of Plano and Oswego to discuss KenCom. She felt a little progress was made. Another meeting is scheduled for tomorrow at 3:00 p.m. Lisa Madigan Meeting Mayor Burd reported that she met Lisa Madigan at an event in Aurora. She relayed the problem the city is having with the FOIA requests and Ms. Madigan gave her information as to who to contact downstate regarding this problem. Memorial Day Mayor Burd reported that she spoke at the Memorial Day services. She congratulated the American Legion Post for organizing the event. Mock City Council Meeting Mayor Burd reported that Yorkville High School conducted a mock City Council meeting. She stated that Mike Dunn and the students did a great job debating issues and that it was interesting to see kids take on government. She thanked the Human Resources Commission and Mrs. Spies for organizing the event. The Minutes of the Regular Meeting of the Citv Council — June 8. 2010 — uage 9 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Heartland Circle — Final Acceptance (PW 2010 -32) A motion was made by Alderman Plocher to approve the acceptance of the final public improvements of earthwork, roadways, landscaping and sidewalks for the Heartland Circle subdivision for ownership and maintenance, subject to receipt of an acceptable Bill of Sale and completion of remaining punch list items and verification that the developer has no outstanding debt owed to the city for this development, and that American Southern Insurance Company Bond, 4B98804- 010285 be reduced by the amount of $807,481.37; seconded by Alderman Golinski. Alderman Gilson asked if the punch list items were complete. Administrator Olson stated they were not. Alderman Gilson thought it was discussed that they would not get final acceptance until the items on the list were complete. A motion was made by Alderman Plocher to table this item until the punch list items are complete; seconded by Alderman Gilson. I Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, Gilson -aye, Sutcliff -aye, Spears -aye, Plocher -aye, Werderich -aye Heartland Circle — Detour Route (PW 2010 -55) Alderman Plocher stated that this was an informational item. Alderman Spears stated she was contacted by a resident who found the letter regarding the detour slipped under her door mat. Administrator Olson explained that letters of this nature are delivered by a member of the Engineering Department and they place them on doors or porches where they won't blow away. Alderman Spears asked if the Spring Street residents also received letters and Administrator Olson stated that they did and the Homeowner's Association was also notified. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Ordinance 2010 -28 Amending the Code of Ordinances Providing for the Regulation of Opening Burning (PS 2010 -07) A motion was made by Alderman Werderich approving an ordinance amending the Code of Ordinances providing for the Regulation of Opening Burning and authorize Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Gilson noted that under Burning Restrictions, 1. a. it states that burning cannot be within 20' from a building. This limits residents from burning on their patios in movable fireplaces. Chief Hart agreed this could be a problem and stated he did not anticipate burning on patios or decks. Alderman Golinski asked if a resident could bum paper and Alderman Werderich pointed out that this is addressed under 43 of Burning Restrictions. There was some discussion as to how to change the wording to address the distance limitation. Alderman Plocher suggested that the wording be changed to limit burning 20' from any neighboring building or structure. A motion was made by Alderman Plocher to amend the ordinance to state "such burning is not conducted within 20' of any neighboring building or structure'; seconded by Alderman Golinski. Motion to amend approved by a roll call vote. Ayes -6 Nays -0 Gilson -aye, Sutcliff -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye Motion approved by a roll call vote. Ayes -6 Nays -0 Filson -aye, Sutcliff -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye The Minutes of the Regular Meeting of the Citv Council — June 8. 2010 — Da 10 ADMINISTRATION COMMITTEE REPORT, con't Ordinance Amending the Code of Ordinances Providing for Penalties for Violation of the State Officials and Employees Ethics Act (ADM 2010 -43) A motion was made by Alderman Sutcliff to approve an ordinance amending the Code of Ordinances providing for Penalties for Violation of the State Officials and Employees Ethics Act and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Spears noted that Attorney Orr was going to contact the States Attorney. Attorney Orr stated that they exchanged voicemails and the State Attorney asked for a formal request to Kendall County for the use of their commission. Alderman Spears stated she spoke with State's Attorney Weis who told her he did not understand each community having their own commission. Alderman Spears also noted that Montgomery, Sugar Grove and Oswego do not include penalties or incarceration on their ordinance. Mayor Burd stated that the State's Attorney told her that penalties should be included in the ordinance. She explained that if nothing is approved there is a $750.00 penalty per city code. A motion was made by Alderman Spears to table the ordinance until the city sends a letter to Kendall County; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -4 Nays -2 Sutcliff- -nay, Spears -aye, Plocher -aye, Werderich -nay, Golinski -aye, Gilson -aye i ADDITIONAL BUSINESS Spring Street Alderman Golinski asked if any progress had been made regarding the signs on Spring Street. Administrator Olson stated he would check into it and get back to Alderman Golinski. Prairie Meadows Park Alderman Spears asked what was being done about the parking situation at the Prairie Meadows Park. Administrator Olson explained that the parking problem is under discussion by the Park Board however there are no funds available to develop a parking lot. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of discussing litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Golinski; seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes -5 Nays -1 Spears -aye, Plocher -aye, Werderich -nay, Golinski -aye, Gilson -aye, Sutcliff- -aye The City Council entered into Executive Session at 11:20 p.m. The City Council returned to regular session at 12:10 a.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Spears. Adjournment of the meeting was unanim ously approved by a viva voce vote. Meeting adjourned at 12 :10 p.m. Minutes submitted by: I Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING I PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: 1 w- o !1 ZU ah Eco ryn cx'pca CJ t'no Miuvy n.� ISos oS� `vJ a fl / S� 12�� 51;;(PU TO PIA) Da vl i I la vi 9q C; a(\, et..,) J oe_ Grea SIGNIN / VI (Kf S fly � - ReGn hx 4LL, � M-WIICA D&0�Zr 80 REGULAR CITY COUNCIL MEETING 7M V, 2010 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: nn 1� kJ - Prop tr - b/ eUC�� ►�I'1 . 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V Y S ecG J JA CIT 0 Memorandum To: City Council 1836 From: Susan Mika, Finance Director CC: Mayor Burd; Bart Olson, City Administrator Date: June 07, 2010 '�,��E ,��,�� Subject: Bill List Questions 06-08-10 City Council Agenda --- ------ ----------------------------------------------------------------------- ------ ------------ - -- - ------------------------- ---------------------------- The following are questions from the June 08, 20 bill list: 1. Page 11: Move It Trucking & Equipment 05/15/10: 01 Water OP — Pulverized Dirt $97.50 Move It Trucking & Equipment 05115110: 02 Streets — Pulverized Dirt 127M $195.00 Where was the dirt used? Does the city have a dump truck that could have been used to haul the dirt? Response: The dirt was used on various landscaping patched throughout the city. The invoice was for dirt only, not delivery, we hauled the dirt ourselves, using city vehicles to save delivery costs. 2. Page 14: Visa City 05/27/10 Admin. Meal $31.31 Who charged the meal? What event? Response: The meal was charged by the Mayor while she was downtown for mediation. The actual bill absorbed by the City was $15.66; the remaining $15.65 was reimbursed on 05/17/10 by the Mayor. 3. Page 19: Overtime — Police, Streets, Water & Parks. Please provide names, hours, and reason for overtime for Streets, Water and Parks Departments. You may exclude YPD since we are aware they are currently understaffed. Response: Parks — Peter Scodro — 4 hours for ballfield related maintenance Streets — John Sleezer — 4 hours to reset traffic signals and a streetlight got knocked down Water — Brian Sorensen — 2 hours to turn a resident's water back SASS •►— ��.�a�.�� •�. ►•�� 1�� .�� ►e��.�� ►i ►��.�. ►�� +� �.�i�� .�• ►i�� .�a�i ►��.�� ►� ►��w.9 \' yi`\ ��` % ®�I ®�� ®'•u•��r•��,�.�� .�.�.�� uniir �.�.�ui�iir�l�� • iniir �.�.�u r�.�.�iiiiir �.�.�uiuir�l�� .�.�ii :iu �.�.�uiiir��•►�nv��i�, �1h P.erP ,r■r. r.r ♦ ♦ I.r �r,r • • • • • ► 1 • 1 > • 1 • 1 • • ► 1 • • • • ® Aj® ®e ,,, u• +•• •.• •.• •.• •u •� • u• s.• ♦.• /Y� sow;, a�>>U'�„ .ed �1�2 �1i.•- •� ? ?i.- •-•�.012 +1i. Ali.•-•_ a1�I�li..•-•. �1�2 ?i.,•-•_aZ�2�Pi.•- .a��2�Pi. •. �1�2 �1i.•-•. �1�2 �1i.• -•�.e1�2�1i.,•-•.�,Z�2 %s.va iLSi1 �,�o`.; 1; ad6b 0'.s` wwwwii��li�w�wwl��l�a a.. -. --u- 1'- �- ` \w��u<��`l�w�ww�L'i�w`1 w�ww�wl��w `•www.wwl'��`•�_i��iw_L'u`lu ww�al e�lw��wii�.�♦ ww d'..�1�9V'�ir�V��" UNITED CITY OF YORKVILLE I I I @��P & ujlw v 3d�AV�` i �in� t I n �vEO,li Q/A, 1 ' " q• Proclaiming September 25, 2010 as Play Day 1 .nm• ® . I0 3 1 r o�� in the United City of Yorkville �Ilal�e° =� I WHEREAS having la is a valuable art of a child's health development; and I file 'il►® WHEREAS, a productive, healthy and physically fit child becomes a socially competent w ► and productive adult: and @I WHEREAS, In the past thirty years the rate of childhood obesity has tripled due to lack of physical activity and this is the first generation of children that are not expected to 1e'@4 IIQ1/�16a outlive their parents; and �aptj�Qa��6d WHEREAS the United City of Yorkville acknowledges that children are our most valuable resource, and that we must promote and ensure an abundance of safe and 6 R4,h�i .: �h1 s accessible playspaces for all our children; and WHEREAS, on this day in this year and every year to come, we will recognize, outreach ♦��I�H: ;��e °� and educate the entire community on the importance of play and celebrate the +eaPeil I� ► Brlr' achievements we have made in making it a priority of political importance; and ® re p �� °0I " ;_W4 f g�1 D IE ► „,,, - WHEREAS, this city's Play Committee, formed to oversee action for play and ensure annual recognition as a Playful City USA community will coordinate this effort with the g Y Y Y� I �IIIt�Oio�® = support of the Mayor; and j 1lla Q 6�44 WHEREAS, Mayor Valerie Burd has proclaimed September 25, 2010 as the official Play .eA °DO 0A "4 ; ; . Day in Yorkville, encouraging all citizens to rally for an abundance of time and space IR►'.e for free unstructured play for all children in this community; and rl �Q, @ °•� , II 01 WHEREAS the Play ►V? ", ay Committee representing Yorkville 's status as a nationally tln 1 QQ� /1 -• recognized Playful City USA community, encourages all citizens to participate and > @� Da and to learn more about the importance of la in the lives of Y Y p play ,' � advocate on this Pla I 1 ► e ®,' children 14Plra � � pei �,atar �A IIaPg:�: ;j <pa,9� II >9,1a� M I THEREFORE NOW, Valerie Burd do hereby proclaim that September 25 `. � ;gin' °x1 2010 be declared a Play Day in the United City of Yorkville. 1 �a�ted this 8 day of June, 2010, A.D. 1 1 / UA,6Q 1. °p o�JD 41 Valerie Burd, Mayor P °��V�4116I° : r:,. 1 1::, 1 I L. r: r: r:,. 1lt.,::,:,. 1 IL.,: 1:,. lIL.,: r•:,. 1 I:: r. 1IL.r:,::,. 1IL.,:1::,.1 ��® � �� ms's ��- �_� �_i. =.�.�� i ��.� �� o�-��► �o =u•�� .�.o�� . =��•�� =�� direr. ®�.;'.9 (� �i �� i � �� A��io �i� � �f� � ��i � ��...v ®� - ill ✓ i L � r i I� Re appointments: Tonight I am recommending two more people to be appointed to City boards and commissions. It is your job as aldermen to review the appointment and decide if you find the person to be qualified to sit on the Board or Commission. The Friday before each City Council meeting where I am going to make an appointment, you each are given the person's application which includes information they have supplied about themselves and their phone numbers. If you have any questions, you have the weekend and two more days to contact the appointee and request additional information. Qualifications for people who wish to sit on a board or commission are similar to those for people who want to run for election as an alderman or mayor — most require residency in the City and that the person be of voting age. There is no educational requirement; no special knowledge needed. Aldermen are, of course , free to choose their own qualifying standards. What I look for are people who are enthusiastic about serving the City, and who also understand the difference between debating issues and making personal attacks. I am also trying to get representation from throughout the city. But no matter what criteria vi o choose, I want to make one thing clear — if you as an alderman vote against the person I appoint, you are voting against the person I appoint. You can wrap it up in any way you choose and try to sell it as a protest, but it is what it is. You are voting against the person I appoint. I suggest that if you are protesting the state statutes giving the mayor thepower of appointment, you send a letter to your state representative. That is the proper forum for that type of protest. Expending your anger on one of our residents is not. Voting no just because you are annoyed with me, or you disagree with the process is pointless. Aldermen do not get to choose the appointee. This is such an important tenet of our representative government, from the federal government on down, that our state legislature actually recently strengthened the mayor's appointment power to overcome the possibility of a stalemate that could cripple the governing process. Now, if aldermen do vote twice against people the mayor appoints to any one position, the mayor can appoint the original candidate without the aldermen's confirmation at all. Why did the General Assembly do this? As Ald. Gilson and Ald. Golinski like to point out, the mayor is the CEO of the city. I am responsible when members of these commissions or boards take improper actions, or when they treat residents unfairly or with discourtesy. I am where the buck stops. That is why I not only have the power to appoint, I also have the power to remove any one of these board or commission members for cause. As I am accountable to the people, these board and commission members are accountable to me. If board members don't show up as they should, or if they are disruptive, or if they are taking other actions that I think are not in the best interests of the city, I will remove them. I don't take this appointment responsibility lightly. This isn't a game. It's serious business, because the taxpayers' dollars, all of our dollars, are at stake. This city is a $40 million dollar entity. Maybe, as the editorial in last week's Kendall County Record says, this isn't the way city government was run in the past, but it is the way it is run now. All of my appointments are made for a term of office, not for life. There are no rubber stamps. Shortly after I took office, I was told by some aldermen that if I didn't do things a certain way, I would never be re- elected. I have never based my decisions on whether or not they would get me re- elected. I've based them on what I thought was best for our City. Over the past three years as mayor, I've been told I would be "sorry" if I didn't appoint someone who "expected to get appointed ", I've been insulted, maligned and badgered over my appointments. It would be very easy to just give in and let everyone have their way because I know when I make ec sions, people are going to get angry. People don't like change. People like status quo. But looking back, reviewing some of my appointments over the past three years that have caused the most disruption from my fellow City Council members and the most letters to the editor, I still am happy with my decisions because I still think they were the right ones for the City. My Plan Commission chairmen appointment, ridiculed as cronism despite that person's long -time of service on the Plan Commission, has resulted in Yorkville becoming the leader in area planning through the establishment of a region -wide planning consortium and that in turn has earned us the respect and good will of other area municipalities; the fight over the Human Resources chairmanship appointment ended up with a chairman who led that committees efforts to find a new home for the Food Pantry which in turn led to the Human Resources Committee winning the Governor's Home Town Award; the fight over my appointment of an aldermen gave us, even though it was only for a short time, someone who served without harassing the staff or attacking other aldermen — He didn't always agree with me, but I think Mr. Allen served the city well. Contrary to what suggests, I am not throwing down any gauntlets; I see myself more as ringing a wake up bell. This is the way good government is supposed to work. If you don't like me, you can call it political vengeance. But my political science teachers back at Northern Illinois University called it accountability. Checks and balances. None of us are in a bubble. We all serve and we all deserve respect, but at the end of the day, we are all accountable to the people. And next April, if I do run again, the people of Yorkville will know that the decisions I made were my decisions. And then they can decide if they think they were good decisions or bad ones. And Ald. Golinski, at the last City Council meeting, you commented that you don't know how I can sleep at night because I didn't reappoint someone to the Library Board. It isn't these appointments that bother my sleep. It's all the people I had to lay off because of the recession, people who no longer have a job and an income. ! CITY COUNCIL MEETING - UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on June 8, 2010, at I �! the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. i i ii D- 912110 i. REPO • COURT j reporting service 1300 Iroquois Avenue, Suite 205 Naperville, IL 60563 630- 983 -0030 • Fax: 630 - 778 -4824 e -mail: depocourt @depocourt.com • www.depocourt.com 2 I 1 P R E S E N T: 2 MS. VALERIE BURD, Mayor; 3 MR. GARY GOLINSKI, Alderman; I 4 MR. ARDEN JOE PLOCHER, Alderman; 5 MR. MARTY MUNNS, Alderman; 6 MS. ROSE ANN SPEARS, Alderwoman; f 7 MS. ROBYN SUTCLIFF, Alderwoman; 8 MR. WALLY WERDERICH, Alderman; i 9 MR. GEORGE GILSON, JR., Alderman; i F 10 MS. DIANE TEELING, Alderwoman. 11 12 i 13 MR. BART OLSON, City Administrator; 14 MR. WILLIAM POWELL, City Treasurer; 15 MS. JACQUELINE MILSCHEWSKI, City Clerk. 16 17 A P P E A R A N C E S: 18 BY: MS. KATHLEEN FIELD ORR, 19 Appeared on behalf of the United 20 City of Yorkville, Illinois. 21 - - - - - I 22 23 24 Depo•Court Reporting Service (630) 983 -0030 j 3 1 (Pledge of Allegiance.) f I 2 MAYOR BURD: We have three public 3 hearings selected or listed actually. There was 4 one more change to the agenda, right? We had RI 07:07PM 5 Waterman Properties asked to have their item 6 tabled indefinitely; is that correct? i 7 MR. OLSON: That is correct. 8 MAYOR BURD: But we, since it was i 9 published, want to continue if there is anyone 07:07PM 10 here tonight who wants to comment or address the 11 City Council on this, so we're going to open the 6 12 public hearing and allow comments and then you ! C i 13 will get more information if you're here tonight 4 14 about that one. It will be held later at a -- we i 07:08PM 15 don't know what time yet. But we don't want to I 16 turn anyone away if you want to talk about that 17 tonight and address the City Council. But there 18 isn't anyone here as I understand from RI Waterman 19 this evening. 07:08PM 20 So the first public hearing is Pulte 21 Homes. I would like to open the public hearing i I 22 for Pulte Homes, Petitioner, has filed an 23 application with the United City of Yorkville, 24 Kendall County, Illinois, requesting an amendment Depo•Court Reporting Service (630) 983 -0030 4 1 to the Autumn Creek Annexation Agreement and 2 Planned Unit Development dated April 12, 2005. 3 This real property consists of 4 approximately 265 acres located immediately north 07:08PM 5 of Route 34, north and south of Kennedy Road, 6 generally east of McHugh Road, and generally west 7 of Bristol Ridge Road. 8 And is there anyone here tonight 9 from the develop -- from Pulte who would like to 07:08PM 10 discuss what they're requesting? 11 MR. PALLARDY: Yes. Thank you. On 12 behalf of the Pulte Group, my name is Bernie 13 Pallardy. I'd like to give the Council a summary } 14 of the items we're looking to amend for the 1 07:09PM 15 annexation agreement for Bristol Bay. 16 Originally the community was set up 17 basically as a master plan community with two 18 plats. We're looking to subdivide that down into 19 smaller sections in order to in the future 07:09PM 20 complete the public improvements and seek 21 acceptance to the City versus waiting until we're 22 moving through the development and then complete 23 the dedication all at once. 24 Equally, with the changes in the Depo•Court Reporting Service (630) 983 -0030 i 5 i 1 home building industry, we're also looking to t 2 propose in the future changes to the product mix i 3 that were originally approved by the Council. 4 We have undertaken extensive 07:1OPM 5 research in the market to evaluate the change in I 6 consumer demand in order for us to reposition 7 product throughout the community. 8 We don't have any specific plans or i 9 plats to submit with this amendment; those would 07:10PM 10 be submitted in the future and would be subject to 11 the same public hearings and open discussion as 12 this amendment today. 13 A couple other items with that. 1 14 We're currently looking to post a cash bond for 07:1OPM 15 the temporary certificates of occupancy that are 16 sometimes issued during the winter or when 17 inclement weather does not allow us to complete 18 exterior items. 19 It's -- On the developer as well as 07:1OPM 20 Staff, there is a lot of back and forth of 21 paperwork in order to process these, and we're 22 looking just to post a cash bond upfront as a 23 guarantee, and this is not a replacement to the 24 letter of credits or bonds that have been placed Depo•Court Reporting Service (630) 983 -0030 i 6 1 for the public improvements. 2 The last item we're requesting is, 3 as was requested in the 2005 agreement, was for a 4 freeze on the current building codes, as well as a 07:11PM 5 lock on the current fees as they're stated today. 6 That's a general summary of our 7 request at Autumn Creek. 8 MAYOR BURD: Thank you. Now, the way { i i 9 this public hearing runs, we next allow residents 07:11PM 10 who are wanting to discuss the Pulte Homes' 11 request to address the City Council. 12 The City Council tonight won't be 13 debating this particular item under the public 14 hearing, but they will be listening to you and you 07 :11PM 15 can ask questions. 16 So is there anyone here who would 17 like to address the City Council on the Pulte 18 Homes' request? If so, please raise your hand. I 19 see a hand in the back. Would you please come up 07:12PM 20 to the podium and address the City Council? If 21 you would give us -- please state your name for 22 the record. 23 MS. DUDEK: Frances.Dudek. I am one of 24 the people that owns property that's adjacent to Depo•Court Reporting Service (630) 983 -0030 7 i 1 the Pulte development, Autumn Creek Phase II, 2 north of Kennedy Road. 3 I'm just wondering if in this 4 situation that they're talking about, the j i 07:12PM 5 amendments that will come up, is there anything 6 that's going to happen regarding the elevation of i. 7 the property? 8 We still experienced a lot of 9 run -off this year with all the rains we've had, 07:12PM 10 and a lot of -- a lot of water in basements again, 11 and we're still concerned about that elevation, so 12 that's mostly what -- if any changes are made with 13 Pulte and the second thing Mr. Pallardy you said, 14 I'm sorry, I forgot your name, if there is any 07:13PM 15 changes in that as far as that goes, and when that 16 originally was okayed by the City Council and the 17 Building and Zoning Commission, that area was only 18 to be single- family homes. We would not want that 19 changed now to anything else, and we would like to 07:13PM 20 see that they come down to our level so that those 21 houses are not set up ten and 12 feet above our 22 property, okay? 23 MAYOR BURD: Mm -hum. 24 MS. DUDEK: So that would be a Depo•Court Reporting Service (630) 983 -0030 i 8 1 consideration when you take a vote. Thank you. 2 MAYOR BURD: Would you like to address 3 that? 4 MR. PALLARDY: In regards to the 07:13PM 5 property north of Kennedy Road, the petitioner 6 has -- I don't anticipate any requests to the City 7 to change from the current single family product 8 that we have there today, as well as we will not 9 be requesting any change in the elevations over 07:14PM 10 and above possible small changes in regards to 11 grading and /or conformance with the ordinances in 12 place within the City of Yorkville. 13 So right now, to be very upfront, 14 we're researching what products we have and will 07:14PM 15 see demand for, and we'll be assembling that 16 information and providing the City our requests 17 for that change. 18 I don't see a dramatic change to the 19 product that's going to -- that was currently 07:14PM 20 proposed for the area north of Kennedy Road and 21 Autumn Creek Phase II. 22 MS. DUDEK: So nothing on the elevation? 23 MAYOR BURD: So you're not going to 24 lower the elevation, but you're not going to raise Depo•Court Reporting Service (630) 983 -0030 i 9 1 it -- 2 MR. PALLARDY: That is correct. 3 MAYOR BURD: You're just going to leave 4 it where it is? 07:15PM 5 MR. PALLARDY: That is correct -- 6 MAYOR BURD: Okay. 7 MR. PALLARDY: -- as of today. And that 8 could be product driven in the future, but I don't i 9 see it ever increasing. 07:15PM 10 MAYOR BURD: Okay. Is there anyone else 11 who would like -- yes, sir. 12 MR. PIERCE: Okay. Hello, I'm Lee { 13 Pierce. I am president of the condo association 14 with Autumn Creek. 07:15PM 15 And from previous discussions we had 16 with Krysti, one thing that we would like to see 17 as part of this is that there is a financial 18 impact report done as far as any impacts to the 19 condo association, the HOA association, and what 07:15PM 20 impacts that may have on fees and association fees 21 if there is a reduction in the townhomes south of 22 Kennedy and the cost factors that that would 23 associate with the costs of landscaping and so 24 forth and the HO fees, retention pond, maintenance 1 Depo•Court Reporting Service (630) 983 -0030 10 1 and everything else related to it, so that the 2 current homeowners are not increasing their costs 3 in order for Pulte to increase their P rofits. 4 MAYOR BURD: Thank you. Can you address 07:16PM 5 that, sir? I � I 6 MR. PALLARDY: As part of repositioning j 7 Autumn Creek, we will evaluate and have committed i 8 to Staff to provide a financial -- financial i 9 report and analysis of that particular 07:16PM 10 information. 11 I will tell you this, that it would i 12 be detrimental to us as a developer and builder to 1 i 13 have a fee structure that is not consistent with S i 14 the current community or future because it would 07:16PM 15 certainly put us at a negative disadvantage for 16 future sales if the HOA was not properly managed, 17 funded and dues consistent with what we see in the 18 market. 19 MAYOR BURD: How soon do you think you 07 :17PM 20 would have that report? 21 MR. PALLARDY: I'm anticipating that 22 we're going to take most of the balance of 2010 to 23 complete our market research and actually focus 24 groups, as well as probably present starting in Depo•Court Reporting Service (630) 983 -0030 11 1 early 2011 for our repositioning of Autumn Creek. 2 MAYOR BURD: Okay. Does anyone else 3 have questions? Yes, ma'am. 4 MS. SCHARENBERG: Vicki Scharenberg, I 07:17PM 5 real estate agent in this area for 20 years. 6 Can somebody answer the question as 7 Pulte has given the opportunity to amend its 8 agreement, how will that affect the SSA's? i 9 MAYOR BURD: Ma'am, did you sign in? Is 07:17PM 10 there a sheet there? Do you see the sheet? Is 11 there one there? 12 MS. SCHARENBERG: Yes. f 1 13 MAYOR BURD: Please sign in. 14 MR. PALLARDY: As part of this petition, 07:18PM 15 Pulte has -- will not request any change to the 16 current SSA as it is in place for Autumn Creek. 17 The total overall development is not fully funded 18 by the SSA at Autumn Creek, so the developer 19 actually funds the shortfall, so the changes that 07:18PM 20 will occur, whether that be a reduction in density 21 or additional infrastructure over and above the 22 bonds that are already financed for Autumn Creek, 23 that would be at the developer's expense, so, 24 again, there is none -- no request, nor one I Depo•Court Reporting Service (630) 983 -0030 12 1 coming, for a change in the SSA at Autumn Creek. 2 MAYOR BURD: Okay. Do we have any other 3 questions? 4 (No response.) 07:19PM 5 MAYOR BURD: No other questions this 6 evening, then we will go out of executive 7 session -- we will go out of public hearing for { 8 Pulte Homes, and we will move on to the next item, i 9 Centex Homes, Petitioner, has filed an application 07:19PM 10 with the United City of Yorkville, Kendall County, 11 Illinois, requesting an amendment to the 12 Annexation Agreement and Planned Unit Development 13 dated April 26, 2005. 14 And the real property consists of 07:19PM 15 approximately 633 acres located east of Route 47, 16 north and south of Galena Road, and west and east 17 of Cannonball Trail at Galena Road, Yorkville, 18 Illinois. 19 Is there anyone here who would like 07:20PM 20 to speak for Centex Homes? That's you? 21 MR. PALLARDY: Yes, that's me. You get 22 me for both of them tonight, so, again, if I can 23 speak, our intention with both of these amendments i 24 for our communities that are located in Yorkville Depo•Court Reporting Service (630) 983 -0030 13 1 is in order for us to reposition our product 2 line -up across both communities in order for us to 3 offer multiple product offerings through our two i i 4 different brands and ultimately move through our 07:20PM 5 lot inventory in a quicker, orderly manner based R I 6 on the market conditions. I 7 I think we're all aware of the 1 8 impact that we've had in the housing industry. ! f 9 It's certainly Pulte, Centex and under our 07:20PM 10 umbrella of the Pulte Group, we have a large 1 11 development within the community, we're steadfast 12 in completing those developments, and the changes I I 13 that we propose for both, which are similar, which 14 I'll cover, are ultimately for us to continue our 07:21PM 15 building and selling operations and to offer 16 products and different opportunities for people to 17 purchase within our communities, ultimately to 18 complete the communities. 19 Typical, same as Autumn Creek, we're 07:21PM 20 again requesting that we're going to be I 21 replatting. I know for a fact that we're 22 evaluating very intensely our current condominium 23 product out there. We have seen a significant 24 decrease in the demand for that product, as well Depo•Court Reporting Service (630) 983 -0030 14 1 as we are experiencing challenges being able to 2 close existing condominiums based on the revisions 3 that the federal government has instituted on 4 condominiums as well as FHA and VA loans. 07:22PM 5 We did have product overlap prior to 6 our merger with Centex, so we were certainly in 7 competition. We'd like to be able to align those I 8 products to offer to all what we call TCG's, i i 9 target consumer groups,.that are available in this i 07:22PM 10 area. I 11 We are, again, again requesting the 12 lock on the building codes as well as the fees, 13 again post the $25,000 bond for temporary CO's, 14 and then working with Staff working to amend the 07:22PM 15 requirements of the improvements for Illinois 16 Route 47 that were part of the original annexation 17 agreement, along working with the village on the 18 recaptures, the fees that have been paid and are 19 to be paid in the future on the property that is 07:22PM 20 south of Galena Road, but at this time will not be 21 part of the Bristol Bay community. 22 MAYOR BURD: And we appreciate that, 23 yes, we do. 24 MR. PALLARDY: Thank you. Depo•Court Reporting Service (630) 983 -0030 15 1 MAYOR BURD: Is there anyone here who 2 has questions on the Centex property north of 3 Galena Road? g I a 4 MR. CARROLL: Or comments? i 07:23PM 5 MAYOR BURD: Yes, or comments, please. 6 Go up to the microphone. I 7 MR. CARROLL: Madame Mayor, Committee, 8 my name is James Carroll, I represent Standard i 9 Redevelopment. The company is a property owner of i 07:23PM 10 part of the property south of Galena Road and 11 would be affected by a number of the items in 12 here. 13 I first want to address a change to 14 the annexation agreement which essentially would 07:23PM 15 leave it to Centex and the City to decide what 16 they might want to do that affects other property 17 owners that are subject.to the PUD, and I think 18 it's a fundamental fairness that the people who 19 signed the original annexation agreement or their 07:23PM 20 successors receive any notices that relate to the 21 PUD and the annexation agreement. ! 22 To just limit it to the City and 23 Centex leaves the other owners unaware of what's 24 happening. I understand the words here and it Depo•Court Reporting Service (630) 983 -0030 i 16 1 says that these owners wouldn't be affected by the 2 change, but that's a determination made by Centex 3 and the City. I mean, at least we would have an 4 opportunity to say we think we're affected and i 07:24PM 5 here is how. It can be voted down in total, but 6 at least we get a chance to say something before 7 it happens. 8 Secondly, as to these recapture 9 issues, most of my other comments to the agreement 07:24PM 10 is I don't have enough information to 11 intelligently address a number of these things. 12 I read the numbers on the recapture 13 and I can't determine what, if anything, in that 14 recapture applies to the property my client owns, 07:24PM 15 so I need more information how -- how is it to be 16 repaid, on what basis, by lot, by lin -- I just 17 don't have any information, so I don't object, but 18 I don't approve because I don't know, and I think 19 the Council needs more information, too, of how 07:25PM 20 it's going to affect the people that are south of 21 Galena Road. 22 We move on to the park land of 23 $50,000 in lieu of 150 acres south of Galena Road, 24 and my question is -- and I've read the Staff Depo Court Reporting Service (630) 983 -0030 17 1 comments, that it says that somebody, I don't know 2 who, is going to be responsible for that 150 acres 3 of park land. 4 Is it going to be my client? Is it 07:25PM 5 going to be other people, other companies, south 6 of Galena Road, other property owners? I don't 7 know what happens to that 150. In other words, 8 the 150 is not being abrogated, it just says 9 Centex is not responsible for it. 07:25PM 10 Well, that's okay, but how about 11 some more information? What's going to happen? 12 We have other issues south of Galena Road, but 150 13 acres of park land is sure a serious issue, and if 14 Centex isn't obligated to do something about that 07:25PM 15 150 acres, who is? I don't know. 16 So I'm saying most of this -- my 17 comments are because I don't have enough 18 information to make intelligent acceptance or 19 rejection of a proposal, it's just the information 07:26PM 20 and comments. 21 So those are basically my comments 22 and so I just ask the committee to just postpone a i 23 decision on this until more information can be 24 forthcoming, but not only forthcoming, but shared Depo•Court Reporting Service (630) 983 -0030 18 1 with the property owners that might be affected by 2 this, which is my -- the one I'm most interested 3 in is my client. Thank you. 4 MAYOR BURD: Thank you. ! 07:26PM 5 (Applause.) 6 MR. CARROLL: Well, I got at least �I 7 one person. Like the dog catcher in this 8 community, one vote. i 9 MAYOR BURD: Do we have anyone else who 07:26PM 10 would like to address the City Council? Yes, sir. 11 I'm sorry, yes, ma'am. I couldn't see you behind 12 the people there. 13 MS. VASQUEZ: I guess I just have a i 14 question for Centex. 07:27PM 15 MAYOR BURD: Could you state your name 16 and sign in, please? 17 MS. VASQUEZ: Cindy Vasquez, I work -- 18 MAYOR BURD: I'm sorry, I didn't -- 19 MS. VASQUEZ: I live at Bristol Bay. 07:27PM 20 MAYOR BURD: I'm sorry, I'm talking over 21 you. What did you say? 22 MS. VASQUEZ: Cindy Vasquez, I live at 23 Bristol Bay. I guess I have a question for 24 Centex. What I'm understanding is they want time Depo•Court Reporting Service (630) 983 -0030 19 1 to redevelop the community. As residents of the 2 community, we're picking up the tab for the 3 additional property tax is what I'm being told 4 since the building has been incomplete. 07:27PM 5 I don't know if that's a true i 6 statement or not, but I mean, my property taxes 7 doubled, so something is going on. 8 MAYOR BURD: Your property taxes have " i i 9 doubled? ! 07 :27PM 10 MS. VASQUEZ : Yes, ma'am. (? 11 MAYOR BURD: Would you sign in, please, 12 on the sheet there. They don't have anything to i' 13 do with the property taxes, do they? 14 MS. ORR: Shouldn't. ! 07:27PM 15 MAYOR BURD: No. 16 MR. PALLARDY: First of all, any taxes, 17 property taxes, that are due on the property owned 18 by Centex are paid by Centex, so that is not a 19 burden that is part of the association or any 07:28PM 20 individual homeowner. That was question one, 21 right? 22 Question two is regarding your tax 23 bill. It could very well be that the SSA payments 24 that are due, the bond payments, are now coming Depo•Court Reporting Service (630) 983 -0030 20 1 live because they're coming live for us on the 2 lots that we own, we're also paying that, so I 3 would advise you to look at what that breakdown is 4 on your tax bill. 07:28PM 5 There will be obviously the taxes 6 that are associated with the city, very little, 7 mostly the county as well, and then there is a 8 separate one that are part of the SSA. i I 9 And third is any of the current 07:29PM 10 shortfall at the association is currently being 11 assigned -- is being assumed and covered by the 12 developer. So in the event that any of the master 13 or sub - associations were operated at a shortfall, j 14 Centex is paying that shortfall. 07:29PM 15 I will tell you that there have been 16 other petitioners in front of this Council that 17 have chose to turn over their subdivision, 18 wherever it is, and just pay their fair share like 19 we all pay, and I can say "we" because I pay a lot 07:29PM 20 more lots because I own a lot. 21 That's not something at this point 22 that Centex is considering doing. We're going to 23 continue to obviously market, sell, build homes, 24 in order to build out the community and, Depo•Court Reporting Service (630) 983 -0030 21 1 therefore, have a fully funded association that 2 can operate and be successful. 3 MAYOR BURD: I would just like to add pp Ii 4 that the City's -- if you get property tax and it 07:30PM 5 looks like it's gone way up, the City of 6 Yorkville's share of it has actually -- should 7 have actually declined a little bit, so we have a 8 kept our taxes -- our tax rate pretty even and we i 9 have not increased taxes, but we're a very small 07:30PM 10 percentage of your tax bill. More than 60 percent ¢ a 11 is the school district and you also have the i 12 county and other taxing bodies, so, you know, we a 13 understand that these are very hard times for 14 people and we're trying to hold wherever we can 1 07:30PM 15 your taxes down, but unfortunately, we can't 16 alwa -ys do that, but at least on the real estate 17 taxes we have done that. 18 So anyone else? I think there 9 19 was another person. The gentleman in the back. 07:31PM 20 MR. O'MALLEY: My name is Robert i 21 O'Malley, I'm a resident of Bristol Township, and 22 my question is why does Pulte and Centex expect to 23 have a freeze to the 2005 level when all our taxes i 24 keep going up every year? Depo•Court Reporting Service (630) 983 -0030 i 22 1 If they're amending this annexation 2 in 2010, why give them five years of free grace? 3 I mean, when they're -- they're making money when 4 times are good, do they come to the City and say, 07:31PM 5 Here is a million dollars, go buy yourself a new 6 fire truck? No, they don't. So why should the i 7 City up and give them a freeze to the 2005 level? 8 Thank you. 9 MAYOR BURD: Oh, sir, did you -- Are you 07:32PM 10 under the understanding that we're freezing their 11 real estate taxes? 12 MR. O'MALLEY: No. 13 MAYOR BURD: No, okay. 3 14 MR. O'MALLEY: Permit fees. 07:32PM 15 MAYOR BURD: Right. Yes. I just want 16 to clarify that, would you like to explain why -- 17 why do you think the City Council should do that? 18 MR. PALLARDY: When this annexation 19 agreement for both communities was proposed in 07:32PM 20 2004 and ultimately ratified in 2005, we all 21 anticipated that we were going to be complete, if i. 22 not further along -- further along, if not 23 complete, with our communities. 24 The change in the housing market has Depo•Court Reporting Service (630) 983 -0030 23 1 had obviously a large impact, and like all of us 2 in this room, the real estate that we owned in 3 2005 is at a different market value in 2010. 4 There would be a complete market 07:33PM 5 disadvantage for the builders, specifically Pulte 6 and Centex, in Yorkville where if our fees 7 continue to rise, we're currently and have lowered 8 our sales prices, and we would just have to raise 9 those up as those fees went up. 07:33PM 10 We don't mark up our fees. A $500 11 building permit, we build that $500 only into the 12 house. You can't mark up something that doesn't 13 have value added to the house. j 14 Equally, there are surrounding ! 07:33PM 15 communities that have held and /or temporarily or 16 permanently reduced their fees to builders and 17 developers, and in order to stimulate growth and 18 activity, permits in those communities, and the 19 bottom line is as we pull less and less permits, 07:34PM 20 that's less revenue in permits to the city, as I 21 well as less residents that pay real estate tax, 22 sales tax, and support the local economy. 23 MAYOR BURD: Did you have a question? 24 Please go ahead. Depo•Court Reporting Service (630) 983 -0030 I I 24 1 MS. SCHARENBERG: Vicki Scharenberg. 2 Again, as a real estate agent, I have to tell you 3 that Yorkville has two years of inventory, so if Ii i 4 we were to try to sell every single house that's ? 07:34PM 5 for sale in Yorkville and you didn't add one more 6 house to the market, it's going to take us 7 two years to sell them. i 8 We've had a decline of 30 percent of i 9 value in our marketplace, yet the real estate t 07:35PM 10 taxes keep going up, and I understand the 11 difference between rate and assessed value, but - 12 assessed value is based on fair market value, yet 13 everyone in Yorkville is told, and every community I 14 actually in almost Illinois, is told that we're ! 07:35PM 15 doing this on an average. 16 So people's assessed value keeps 17 going up, which is why their tax bills keep going 18 up, but, you know, who is pulling in the reins, 19 period. 07:35PM 20 And I appreciate the position that 21 the builders are in because they have inventory, 22 but what's being done in those communities to help 23 the homeowners? 24 The hemorrhaging of the foreclosures Depo•Court Reporting Service (630) 983 -0030 25 1 and short sales are unbelievable, and they are 2 especially high in Centex, in Bristol Bay. 3 And I guess the other question I'd 4 like to know is, you know, Centex went bankrupt 07:35PM 5 and Pulte bought them out. Are you taking on all � I 6 of their negative assets as well? 7 You know, and who is going to care i 8 for those properties so the values don't continue I 9 to decline as we have empty property deteriorating i 07:36PM 10 when no one is living in them? 11 So I guess it's a general question, 12 but it's one that is very frustrating right now 13 when you're trying to sell homes that are { 14 declining in value and then you have the SSA on 07:36PM 15 top of it and you have a high tax bill. 16 (Applause.) 17 MR. PALLARDY: I'd like to address, I 18 think there were two questions at the end. First 19 of all, at no point did Centex ever go bankrupt, 07:36PM 20 declare bankruptcy or was in bankruptcy 21 proceedings. 22 There is a Securities and Exchange i 23 Commission filing regarding the merger between 24 these two companies, and today those companies r., Depo•Court Reporting Service (630) 983 -0030 26 1 operate under our umbrella company, which is the 2 Pulte Group. We also have numerous other brands, 3 Del Webb and DiVosta, that operate under our 4 brand, so I think it's very important for the 07:37PM 5 public record that that be noted, that Centex was 6 not in that financial situation. i 7 There's been a lot of other builders 8 that have been in that situation and I would not 9 want to be associated with them. 1 t i 07:37PM 10 Regarding the condition of the 11 community, there are, as we all are dealing with, i 12 foreclosures and short sales. We continue to I 13 operate and manage the HOA within both communities 14 in order to maintain the requirements of the 07:37PM 15 codes, covenants and restrictions. 16 Our biggest challenge nowadays like 17 everyone else is getting people to pay their dues 18 on time and to, you know, take ownership and 19 maintain the community along with us, and if our 07:38PM 20 property managers are able to focus on reducing 21 their costs for snow removal and reduce their 22 costs for lawn maintenance through competitive 23 bidding, we're all going to benefit from that. 24 But, again, when we're spending time on the things Depo•Court Reporting Service (630) 983 -0030 27 1 that don't add us any benefit, we're not going to 2 achieve the success we need in the community. 3 Thank you. 4 MAYOR BURD: Would somebody else -- Yes, 5 ma'am. ' I 6 MS. GASIOR: Hello, I'm Agnes Gasior and 7 I am a resident of Bristol Bay, and I believe the 8 gentleman from Pulte mentioned that we do not pay 9 taxes on property we do not own. 07:38PM 10 I've been a resident for many years, 11 and until this day I'm not really sure if I 12 own the garage. I am a condo resident. I'm not 13 really sure if I own the garage, the detached I I 14 garage, but I have paid taxes on it, and when I 07:39PM 15 come to the City to pay taxes -- not last year, 16 that was reversed -- but before for I believe 17 three years I paid taxes, but nobody would clarify 18 to me whether I own it, and so once again, am I 19 paying taxes for property I own or do I not own 07:39PM 20 the garage that belongs to my unit? 21 MAYOR BURD: Ma'am, would you sign in, 22 too, please? 23 MS. GASIOR: Oh, yes. I 24 MAYOR BURD: That one would be a county Depo•Court Reporting Service (630) 983 -0030 28 1 and Pulte issue. 2 MS. ORR: It's a title issue, we I 3 couldn't answer. ' r 4 MAYOR BURD: Yeah, the City does not !' 07:39PM 5 handle those kinds of things, but you might know 6 who owns the garages. I 7 MR. PALLARDY: You might have stumped me 1 8 here, so I might have to get back to you with an , 9 answer. I was hoping it was garage attached and 4 07:40PM 10 then you threw detached in there, and to be honest 11 with you, I'll answer you this way. 12 I am fairly certain that if the 13 detached garage was part of your purchase I I 14 agreement contract, then that is real property 1 07:40PM 15 that you own. 16 However, I really need to look at 17 the condo association docs to say how they are -- 18 how they are clarified or classified within the 19 docs. 07:40PM 20 I believe, though, that if you 21 purchased it along with your condominium that it 22 is your real property, but the association 23 maintains the exterior, so it's -- if I'm doing I: 24 condo law correctly, you should own from the Depo•Court Reporting Service (630) 983 -0030 i i 29 I 1 drywall or the edge of the studs in. 2 You can certainly contact the staff 3 on -site, I know Dan is on -site every day, and we 4 can -- i 07:40PM 5 MS. GASIOR: Pulte this time? Because 6 Centex wouldn't give me the answer. And I'm sorry 7 to interrupt. 8 The problem was that I escrow on my 9 loan, so -- but I got a separate tax bill for 07:41PM 10 my =- my garage, and that's what threw me in a 11 loop, And from that point on I've been making 12 calls, once again, not to Pulte, Centex. And one 13 person would tell me you own it, the other person, i { 14 no, you don't, I come to pay taxes, you don't own 07:41PM 15 it, but you do pay for it. 16 MR. PALLARDY: Why don't I do this? Why 17 don't I get the correct answer -- 18 MS. GASIOR: Okay. 19 MR. PALLARDY: -- and I'll make sure 07:41PM 20 that that is communicated out through the HOA, 21 whether -- either be a letter or email or a 22 posting so that I can -- obviously there is more 23 than one -- there is more than garage out there, 24 so I imagine people -- Depo•Court Reporting Service (630) 983 -0030 1 30 1 MS. GASIOR: I prefer not to own it and 2 pay taxes on it. I i 3 MR. PALLARDY: I gotcha on that one, but I 4 I'm not looking for buying any garages tonight. 07:41PM 5 I'm going to be honest and upfront with you, so... 6 I'm the only Bernie at Pulte and � 7 Centex, so it's not like you can't find me, but I 8 will follow up and probably through our property 9 manager have them communicate with everybody in 07:42PM 10 the condos. 11 Because, to be honest with you, in 12 20 years, I've done one detached and it was a long 13 time ago, so I'm a little rusty on my condo law, I 14 all right? Thank you. i 07:42PM 15 MAYOR BURD: Sir, you've been waiting I i 16 patiently. 17 MR. CARRARA: Yes, if I may. Thank you. 18 Madame Mayor, Council, my name is Kevin Carrara. 19 I'm with the law firm of Rathje & Woodward in 07:42PM 20 Wheaton, Illinois, and I represent the 21 beneficiaries of State Bank of Countryside Land 22 Trust. It's commonly known as the Lacom parcel in 23 the documents. 24 I, like Mr. Carroll, represent a Depo•Court Reporting Service (630) 983 -0030 31 1 property owner who owns property south of Galena - ' i 2 Road, which is going to be, in our opinion, 3 affected by this amendment that is proposed. � I 4 At this time, like Mr. Carroll, my 07:42PM 5 client can't agree to it, we have to object to it 6 because we don't have enough information to 'I i 7 support the changes that are requested. I 8 By way of example, I'll just give 9 you a few examples from the documents. There is j 07:43PM 10 about $2.4 million of recapture that's been thrown ° 11 about. A good portion of that, about $1.5 million 12 of it is estimated to be prepaid fees. 13 I'm not sure if the Council or if i 14 the City Attorney has prepared an opinion whether 07:43PM 15 prepayment of fees is recapturable under the state 16 ordinance or the state statute as an improvement 17 of public right -of -way over public properties, so 18 if that's here, that's just something we'd like to 19 ask. 07:43PM 20 I know through different proceedings 21 we have asked Centex for verification of these 22 fees and the amounts paid. They have -- they have 23 yet to provide them to us. i 24 And then going forward, there is an Depo•Court Reporting Service (630) 983 -0030 32 1 additional discussion as you heard about the 2 payment of some park moneys for south of Galena 3 Road. i 4 In the original annexation j 07:43PM 5 agreement, Centex was obligated -- or at least 6 appeared to be obligated to provide that land 7 south of Galena Road. They are not doing that 8 now, but yet they are agreeing to pay $50,000 for 9 two parks that would have been there. 07:44PM 10 The thing that's not mentioned in 11 the annexation agreement, that land south of 12 Galena was supposed to be roughly 150 acres of 13 open space and parks. Well, when Centex i 14 originally did their annexation agreement, it was 07:44PM 15 negotiated they didn't have to pay a land cash fee 16 for parks because they were donating so much of 17 this open space, they didn't have to pay the City 18 any money under your land cash ordinance. 19 Well, if you look at -- just from 07:44PM 20 my -- my client's property, it's roughly 67 acres. 21 At the time this agreement was signed, the land 22 cash ordinance was $80,000 an acre, so the City 23 should have been receiving whatever 67 times -- 24 and I'm going to apologize, I'm not the best at Depo•Court Reporting Service (630) 983 -0030 i 33 1 math, 80 -- $80,000 an acre. 2 That's a considerable amount of 3 money that the City forego just on our client's 4 property, not to mention there is the Standard { 07:45PM 5 Bank parcel, which is the property just to the 6 side of us. 7 So it appears that they are being 8 generous in giving $50,000, but back when they did s 9 this agreement, 2005, they were released from 07:45PM 10 having to pay you any money if they gave you this 11 land. 12 Well, now they're not giving you the i 13 land, but you're still obligated to do something 14 going forward because now the City is picking up 07:45PM 15 all these obligations moving forward. 16 A next bit of information that we 17 don't have enough information to fully comprehend 18 is the City is now taking on all of Centex's 19 obligations to do the intersection improvements 07:45PM 20 around Route 47, Galena Road, and I think there 21 was another intersection, maybe 47 and Cannonball 22 Trail -- or Cannonball Trail possibly, and I may 23 have those wrong just because the document isn't 24 very clear. Depo•Court Reporting Service (630) 983 -0030 34 f 1 Again, this is an agreement that 2 Centex negotiated that they were going to be 3 responsible for those infrastructure improvements 4 to your city's roadways. They are now agreeing 07:45PM 5 that they don't have to do it and the City is 6 somehow agreeing that they want to take that i 7 obligation on. I I 8 Again, you heard the City is -- just i 9 like everybody else, is tightening their belt and 07:46PM 10 watching their nickels and dimes, yet they're 11 taking on these obligations of roadway 12 improvements that the developer initially agreed 13 to do, but yet somehow they're now waiving them 14 moving forward. 07:46PM 15 And lastly, I would just say that 16 instead of closing the public hearing tonight, 17 what I would suggest is the City Council, if they 18 want, I'll write a letter tomorrow identifying the 19 documents and the information we need so we can 07:46PM 20 properly examine the Centex representatives as to 21 what these benefits that they're giving to the 22 City truly are. 23 I'm not sure if the Council 24 understands, they fully understand -- obviously Depo•Court Reporting Service (630) 983 -0030 35 1 you are in a much better position than I, I mean, 2 I've read your hundred - and -some page packet just 3 as to these two things, but I'm not sure if the 4 dollars and cents are there to back all that up. 07:47PM 5 So for that reason, my client 6 obviously doesn't have the information to agree to 7 it, we would object, we think these affect our 8 property, and, more importantly, we would ask that j 9 this public hearing be continued so we can fully 07:47PM 10 get the information then to properly conduct an 11 examination of the Centex representatives so the 12 Council is fully aware as to the true dollars and 13 cents and the impact that these -- this amendment 14 to the annexation agreement may have. Thank you 07:47PM 15 very much. 16 MAYOR BURD: Thank you. 17 MR. BYRUM: May I respond for a second? 18 Good evening, Madame Mayor, members of the . 19 Council. I am Chuck Byrum, the lawyer for the 07:47PM 20 Pulte Group, and in response to the last speaker, 21 I do have to say that -- and you probably are all 22 aware, Mr. Carrara and his clients have been suing 23 the City and Centex for a number of years. 24 Part of things are the discovery Depo•Court Reporting Service (630) 983 -0030 36 1 process where he can ask any kind of questions and 2 ask for any kind of interrogatories and conduct 3 any kind of deposition he wants. He's done it. 4 So I have to be careful because we 07:48PM 5 are in litigation here and there's not much I can i 6 say or want to say about it, but I do have to take 7 exception to the idea that no information has been 8 forthcoming to his client because they've had the 9 opportunity, have sought it, and received it. 07:48PM 10 This annexation agreement has been 11 carefully negotiated, carefully reviewed by Centex 12 and its staff and by the City and its staff, and 13 we expect that the resulting annexation agreement j ' 14 will not only be legal and enforceable, but i 07:48PM 15 beneficial to both sides, that's how these things 16 get accomplished and that's the only way we would 17 seek an amendment. Thank you. 18 MS. ORR: Madame Mayor. 19 MAYOR BURD: Yes. 07:48PM 20 MS. ORR: I would like to advise the 21 Council that I will not respond given the fact 22 that we are in the middle of litigation. We are 23 requesting for executive session immediately 24 following this meeting so that we can give you an Depo•Court Reporting Service (630) 983 -0030 37 1 update on the status of that litigation, but for 2 the record, I don't want to respond with 3 specificity to the statements. I will advise you 4 in closed session. Thank you. 07:49PM 5 MAYOR BURD: Okay. Any other people 6 here who would like to ask questions or address 7 the City Council? Yes, sir. 8 MR. VASQUEZ: Good evening. My name is 9 Oscar Vasquez. My wife and I, we purchased a 07:49PM 10 condo unit from Centex in Bristol Bay. i 11 I,guess the one question that we 12 have is these amendments that are going on, what 13 are they? What -- what -- we're at a loss at all I 14 this. 07:49PM 15 Is there somebody that can explain 16 this or is this -- or is this on the website that 17 we can look up as opposed to what these amendments 18 are? 19 The other thing is is that now that 07:50PM 20 I guess Pulte is Centex's umbrella, the question I 21 have is I wonder if Pulte would go ahead and 22 consider buying our unit for the price that we 23 paid for it back in 2006 because if they continue 24 to build, I know it's going to be a lot less than Depo•Court Reporting Service (630) 983 -0030 38 1 what we paid for it for the same thing. We're 2 taking a big hit, you know. 3 The price that we paid for it, we've 4 got units in our building right now, I could s 07:5oPM 5 purchase two of them_for the price that we paid 6 for it, you know. It's not -- I don't think it's 7 fair. I don't think it's fair at all. If we've 8 got, like another lady stated earlier, two years' 9 worth, why continue to build? 07:51PM 10 MAYOR BURD: I think that's a good 11 question, it was one I was thinking about myself, 12 so maybe you could address why -- you know more 13 about the market as far as real estate goes and i 14 what you can and cannot sell, and maybe give us an i_ 07:51PM 15 overview of why you believe that these new 16 buildings you are building can be sold. _- 17 MR. PALLARDY: First of all -- And your 18 first question, could you remind me? I had my 19 answer, then I forgot the first question. Could 07:51PM 20 you give me your first question back? 21 MR. VASQUEZ: What the amendment 22 entails. 23 MR. PALLARDY: Thank you. 24 MS. VASQUEZ: You keep referring back to Depo•Court Reporting Service (630) 983 -0030 i 39 i t 1 2005. 2 MR. PALLARDY: Thank you. Thank you. 3 You know, in 2005 we went forward with the plans i 4 that we thought were best suited for the market; 07:51PM 5 in other words, what people were looking for. 6 That certainly has changed, and I think that is 7 the number one reason why we're coming in today to 8 change that. i 9 Number two is, Pulte, Centex or any 07:52PM 10 other builder did not work to create a housing 11 market that we can sell houses in less today than 12 we sold houses in the past, okay? i i 13 Every impact that it has on an I 14 existing buyer, a past buyer or a future buyer 07:52PM 15 affects us all the same, so we are not selling 16 houses for less money today to make more money, 17 that is simply not the fact, and anyone that 18 represents that I think would be extremely out of 19 touch with what's going on in the market, number 07 :52PM 20 one. 21 Number two is why continue to build? 22 There have been numerous builders -- and I'll just 23 use the Chicagoland area -- that have ceased 24 operations, are no longer here, have not followed Depo•Court Reporting Service (630) 983 -0030 40 1 through with their warranty work, have not 2 followed through with their development or 3 annexation agreements, have not paid their fees 4 and /or completed their communities. 07:53PM 5 Obviously the merger with Centex 6 changed our position in the United City of 7 Yorkville greatly in the fact that, you know, the 8 two properties I would say were in competition 9 with each other and now they're basically in the 07:53PM 10 same company, which is our goal from top to bottom 11 across both of them, to have a product offering 12 that hopefully we can increase our sales pace. 13 I will tell you this, if I could be i 14 selling houses at my 2003 or four or five prices, 07:53PM 15 I would do it starting tomorrow, and there isn't 16 anyone that I would not want to sell a house to, 17 but the reality is, our choice is to shift with 18 the market, try to meet the demands of our current _ 19 and future consumers or not be able to do 07:54PM 20 business, and I believe that the latter of that 21 doesn't benefit the developer, the City or any of 22 our residents, which is the reason why we need to 23 reposition ourselves in this submarket, and we 24 need ' to do it for everybody's benefit. Depo•Court Reporting Service (630) 983 -0030 41 1 Bottom line is if we sell more 2 houses, your taxes are going to get better, you're 3 going to have more commercial and retail that 4 comes here. That's the reality of it. They don't 07:54PM 5 come until the rooftops are there, and we're 6 making a commitment that today we want to run our 7 business here. 8 If we don't have what we're 9 proposing here today, that makes it extremely 07:54PM 10 difficult for us to keep running our business and 11 be successful, and that's -- that's the whole 12 reason. We need to reposition where we're at. 13 Whether you -- Whether you agree with it or not, I 14 understand, but that's the reality of the market 07:55PM 15 we're in today. Thank you. 16 MAYOR BURD: Would one of the staff 17 members be able to explain, for instance, the lock 18 on the fees and it -- Bart, could you do that 19 or -- 07:55PM 20 MR. OLSON: Sure. Well, we just went 21 through and passed some of the building permit fee 22 increases for fences and pools a couple weeks ago. 23 If Centex wanted to come in and 24 build a fence on their property, they, under their Depo•Court Reporting Service (630) 983 -0030 42 1 agreement, would be allowed to pay the fee that 2 was in place at the date of approval for the 3 agreement, so -- they don't build fences, so, you 4 know, that would be for building permit fees, they 07:55PM 5 agreed to pay impact fees within the annexation 6 agreement for public works, police, library, 7 school buildings, the fire district, and so if we 8 had increased any of those impact fees after the i 9 date of their approval and within that original i 07:55PM 10 lock -in term, they wouldn't be subject to it until 11 the expiration of their term. 12 So I think this agreement was j 13 approved in 2005, so their original term was i 14 eight years, so that takes them through 2013, so 07:56PM 15 since 2005 -- 16 MS. ORR: Five. 2010. That's 17 five years. 18 MR. OLSON: Five years. Thank you. So 19 through 2010. I believe we have approved an 07:56PM 20 increase in the municipal building impact fee, 21 which at the time was $150, we went through and 22 did an impact fee justification in June of 2006, 23 if I remember correctly, and increased it to 24 $5,509. So that would be one. Depo•Court Reporting Service (630) 983 -0030 43 1 So if there is any other impact fees 2 or any other building permit fees, those would be 3 locked into place at the date of their original 4 approval. 07:56PM 5 So what they're asking is to have 6 that -- that deadline extended for, you know, 7 five years beyond 2010, so until 2015. 8 MAYOR BURD: So it would keep it where i 9 it was when they came to the City and they i 07:56PM 10 first -- where it was for your buildings when they 11 did your property, and that way they wouldn't have 12 to raise the prices on their houses because they i 13 feel, like you said, that there are short sales 14 and there are foreclosures they have to compete 07:57PM 15 against. 16 So the only -- the only other thing, 17 I know you've all heard probably about our water 18 rate increase that we had to do, and the main 19 reason for that was because we didn't have all of 07:57PM 20 the people moving into all of these developments 21 that we had expected and we had counted on all of 22 those new people moving in to pay towards the 23 water tap on fees and the permits to move into the 24 new houses, so we need to have at least 200 new Depo•Court Reporting Service (630) 983 -0030 44 1 homes the City Administrator estimates to remove 2 this extra fee that we have added to everybody's 3 water rates, and that's one of the reasons why we 4 may well get this favorably, but, yes, sir. 07:57PM 5 That's up to the City Council later on to decide. 6 MR. WIEWIORA: Hi, my name is Brian 7 Wiewiora and I am a single family home residence 8 in Bristol Bay, and I understand this gentleman's j 9 position as far as, you know, market changing and , 07:58PM 10 the need to reposition and look at different 11 things. 12 My biggest question, and what I 13 would appreciate as a homeowner in the 14 development, is exactly what are you changing to. j 07:58PM 15 I got a wonderful document that gives me wonderful 16 latitude and longitude and wonderful descriptions 17 of the property, but it doesn't say what's going 18 to happen exactly, and it would be great if -- 19 like I know in mortgage you have a truth in I 07:58PM 20 lending, you get a one sheet that tells you here 21 is a summary, here is everything. It would be 22 great if we could see that. And then I agree with 23 what the two other lawyers of the other properties 24 were saying, I feel like I don't quite have enough Depo•Court Reporting Service (630) 983 -0030 i 45 1 information. 2 I understand Pulte slash Centex 3 needs to make some changes, wants to look at 4 offering maybe different -- different products, ;1 07:58PM 5 house types whatever, models, and I'm not 6 necessarily opposed to that, but I would like to 7 make sure, when I bought in this subdivision with 8 my family and my neighbors as well, we were kind 9 of promised this is what the community is going to I 07:59PM 10 look like there is going to be townhomes here, 11 condos here, single family here. I would like to 12 know and see what exactly is changing. 13 I'm not opposed to change i 14 necessarily, but I would like to know what it is, 07:59PM 15 and it would be even great to have, you know, when 16 we bought in Centex there was a wonderful map of 17 here is what the community is going to look like. 18 Can we see a new one once they have completed 19 their - decision for -- I don't necessarily care 07:59PM 20 which house models necessarily, but which sections 21 are going to be what for the neighborhood would be 22 really, really helpful in terms of deciding is 23 this is a good thing, is this is a bad thing. 24 I understand the fee structure I Depo•Court Reporting Service (630) 983 -0030 46 1 change, I understand why they're requesting it, 2 you guys have fun deciding that. And some of the 3 other pieces as far as south of Galena, I 4 understand that there was pieces of property i 07:59PM 5 originally part of the development that aren't. 6 Admittedly I'm still a little fuzzy 7 with what's going on with those two, but I'm more 8 concerned with the neighborhood that actually is 9 there, the part that I live in, so if there is any 1 08:00PM 10 way to request that, to get that to every member 11 of the neighborhood,. just like we got a nice legal 12 version, an English version would have been much �1 13 more helpful, too, so thank you. 14 MAYOR BURD: Okay. 08:0OPM 15 (Applause.) 16 MS. ORR: Bart and I were arguing 17 for the floor. Bart,_ you take it. 18 MR. OLSON: Everything that the City 19 Council sees is on the City's website, it's 08:00PM 20 yorkville.il.us, so 48 hours before the meeting, 21 you can actually download the exact packet that 22 they get. 23 So in that City Council packet for 24 tonight there is a draft amendment to the Depo•Court Reporting Service (630) 983 -0030 47 1 agreement, I think it's three pages, so it's not 2 the one -page truth in lending type thing, but it's 3 three pages, it's generally clearly written, 4 but -- No offense, Attorney Orr. 08:OOPM 5 But there is a -- There is a 6 two -page -- or two separate documents that are 7 staff memos, one of them was produced I think 8 May 28th, one of them was produced June 8th, I 9 think it was produced Friday actually, that kind 08:01PM 10 of narrates from a Staff perspective what they're i 11 asking for, where the Staff stands on it, and 12 there will be another document similar to that 13 available before the City Council vote -- or 14 consideration rather on June 22nd, so that will be 08:01PM 15 up the Friday before that Tuesday. 16 MR. VASQUEZ: I'm sorry to interrupt. 17 What's up there now, that will be up there the 18 rest of this week? I just want to make sure it's 19 not taken down. 08:01PM 20 MR. OLSON: Yep. We have packets back 21 through 2005 and 2006, so... 22 MAYOR BURD: There isn't -- From what I 23 understand, what you're requesting, though, is 24 some kind of drawing. Depo•Court Reporting Service (630) 983 -0030 48 1 MR. OLSON: Yes. 2 MR. VASQUEZ: That would be -- that 3 would be wonderful. 4 MR. OLSON: There is no drawing, there 1 08:01PM 5 is no land use plan associated with this request i 6 because they are not asking for anything specific. 7 The 2005 agreement references the i 8 land use plan, which is the plan that everybody 9 has seen and it's been passed out, so all they're 08:01PM 10 saying is they're requesting in general is that 11 they would like to see condos and townhouses 12 turned into single family in some areas, but they 13 don't know yet is what they're going to have to i 14 come back and ask for. 08:02PM 15 When they do that, they'll give us a 16 land use plan, City Council will have to vote on 17 it, and then you will get to see it then. 18 MAYOR BURD: Then you get to come back, 19 and if you don't like what they're doing, and 08:02PM 20 you'll have something in your hand at that time, 21 then once again you will come in and tell us we 22 don't like this or we -- we can maybe, you know, 23 change it in some way that we would like. 24 MS. ORR: This is advising everyone that Depo•Court Reporting Service (630) 983 -0030 49 1 changes will be forthcoming. This is a public 2 hearing on the annexation agreement, which 3 referred to a land use plan. i 4 When, in fact, there is a specific 08:02PM 5 plan, we have to go through this entire procedure 6 again, and then hopefully you will have an 7 opportunity to see everything and ask and take a i 8 position. 9 MAYOR BURD: So we're not going to rush 08:02PM 10. anything -- 11 MS. ORR: No. 12 MAYOR BURD: -- we guarantee you. This 13 is not -- you know, you are not going to find out i 14 next week we already voted on it and it's going to 08:02PM 15 happen. That's not going to happen. Yes, sir. 16 MR. OLSON: And I forgot to add, if you 17 don't want to wade through the 600 pages of 18 packets, you know, on the website, you can always 19 call us, the Clerk's office at City Hall, and they 08:02PM 20 will print out the actual agenda item for you and 21 they can give them to you, so -- 22 MAYOR BURD: And please do, please do 23 call. I mean, the staff is pretty helpful, they 24 want to help, help you. They don't mind going Depo•Court Reporting Service (630) 983 -0030 50 1 through it. You should see the documents they 2 have to wade through for all these lawsuits, it's 3 unbelievable, so they have them at hand, they do, s 4 and they're more than happy to present them to - 08:03PM 5 you. 6 Is there anyone else here who would 7 like to ask questions? Yes, sir. Or ma'am. Yes, I 8 ma'am. 9 MS. TIBERIO: Hi. My name is Jessica I 08:03PM 10 Tiberio, I'm a resident in Bristol Bay, and I'm 11 kind of on the same page I think with everybody 12 else at this point. I really don't know much J 13 about what's going on. I feel like this is so i i 14 unspecific, but I would like the City to consider 08:03PM 15 a couple of things from my perspective as a 16 Bristol Bay single family homeowner, you know, 17 probably a Yorkville resident for life because at 18 this point our house is worth nothing close to 19 what we paid for it and it's heartbreaking, that 08:03PM 20 being, we are first time homeowners, we thought we 21 were doing the right thing, we saved up our down 22 payment, we bought our house, and a year later j., 23 that entire down payment was gone, and the base i 24 price of our home dropped. It's gone. Depo•Court Reporting Service (630) 983 -0030 51 1 I know you all hear where I'm coming 2 from, I'm not up here to, you know, cry the same 3 tears that you have probably cried. i 4 So my concern is two -fold; number 08:04PM 5 one, we bought in 2006, we were one of the first i 6 buyers in the neighborhood, we were presented a I 7 beautiful color plan of, you know, this is where 8 all the homes are going to be, this is where the 9 bike trails are going to be, this is where the 08:04PM 10 park is going to be. 11 Now, part of that park was also 12 going to be across the street south of Galena -- 13 yeah, south of Galena. Now, from what I'm 14 understanding now is that will be no more, and 08:04PM 15 that was a huge part of the appeal of that 16 neighborhood, number one. You know, especially 17 now that I know I'm going to live there probably 18 for the rest of my life, I would really like to 19 see some of the improvements that brought me to 08:05PM 20 Yorkville and brought me to that neighborhood 21 followed through with, and I don't feel like 22 that's going to happen, so I hope the City 23 considers that when they're deciding whether or 24 not we're going to amend these agreements. Depo•Court Reporting Service (630) 983 -0030 52 1 I understand that in 2005 Centex 2 came up with a development that they thought the 3 people wanted to see_. Well, the people who bought 4 in 2005 and 2006 still want what we were promised 08:05PM 5 in 2005 and 2006. 6 Our anticipations of that 7 neighborhood haven't changed, and if it changes 8 for you, because you want to sell more homes and 9 you want to continue your business, what is that 08:05PM 10 going to do for us as homeowners there? And 11 that's my concern. 12 My second concern is SSA. I've been 13 getting the run - around, I've heard so many i 14 different things. When we bought, an SSA was 08:05PM 15 explained to us. To me, I didn't think SSA was a 16 negative at all. 17 The only reason that I'm in a single 18 family home right now is because we bought in a 19 neighborhood that had an SSA because the base 08:05PM 20 price of the home was $30,000 less than the same 21 size home in any other community, so because of 22 that we could afford to purchase a single family 23 home, so it was -- it was wonderful for us. 24 Unfortunately when the market Depo•Court Reporting Service (630) 983 -0030 53 1 dropped out and prices realigned to where they are 2 now, I'm not seeing that same benefit in an SSA i 3 neighborhood versus a regular neighborhood. 4 You know, I drive down Route 30 and 08:06PM 5 all I see is the advertisements for all the homes 6 that are for sale and big signs that say no SSA i 7 with a red circle and a line through it. I 8 So as a homeowner now in an SSA 9 neighborhood, I'm incredibly concerned about what 08:06PM 10 that means for me if (A) , I ever had to sell, or 11 (B), I want to sell. 12 I recall about two years ago -- and 13 I don't -- I apologize, I don't remember the 14 details of it -- but there was a neighborhood 08:06PM 15 somewhere around here, I thought it was in 16 Yorkville, where the builder decided to continue 17 finishing their development and they had basically 18 half of a neighborhood where the homeowners were 19 paying SSA and they eliminated it for the other 08:07PM 20 half, and I'm incredibly concerned that that could 21 happen within Bristol Bay. 22 If I have a house that's two blocks 23 down from me that doesn't have SSA and my home 24 does, I will never sell my home, so not only will Depo•Court Reporting Service (630) 983 -0030 54 1 I be up against the fact that it's worth $50,000 2 less than what I paid for it, but that house down 3 'the block also has no SSA, so I don't know if you 4 can answer that, I don't know if that's something j 08:07PM 5 that will come up in the future, but I just ask 6 that the City consider these things before we make 7 any decisions. 8 MAYOR BURD: Will you sign in? And you 9 know what, it was Pulte in Autumn Creek, and I i 08:07PM 10 don't think it was quite that way, but he'll 11 describe what he did, yeah. 12 MR. PALLARDY: I'll answer your 13 question. No problem. f i 14 (Applause.) 08:07PM 15 MR. PALLARDY: As I stated during the 16 Autumn Creek presentation, there was a time that 17 Pulte did represent or propose to pay off the SSA 18 for Autumn Creek. We rescinded that request, even 19 though it was a request to the City, and at this 08:08PM 20 point we do not have any proposals to change the 21 SSA at Autumn Creek or Bristol Bay at this time. 22 I know that we are evaluating the 23 SSA because SSA's were handled a little bit 24 different at Centex as part of the agreement and Depo•Court Reporting Service (630) 983 -0030 55 1 we're working through that. 2 I will tell you this, that as part 3 of our plan, as we change in both communities, we I 4 will be communicating with our current residents, I 08:08PM 5 we will be letting them know what our plan is and j I 6 we will be displaying that information in our I I 7 sales centers because obviously we want to attract 8 customers. You obviously have friends and family 9 that are going to be at your house, so that is 08:08PM 10 also an opportunity for us. 11 I will tell you this, ultimately we 12 are going to sell less houses at Bristol Bay 13 because as we proposed it originally back in 2005, { 14 the market will not bear for us to build the 08:09PM 15 number of homes that we proposed there, so what we 16 paid for it, we are going to build less homes on 17 that ultimately when we're all done. 18 Regarding the park site south of 19 Galena, you know, the ordinance requires when that 08:09PM 20 land was entitled that there is a land donation as 21 well as a payment, contrary to counsel's earlier 22 representation. 23 We are not purchasing that land; 24 however, we are paying what we committed to in our Depo•Court Reporting Service (630) 983 -0030 56 j 1 original annexation agreement for those future 2 parks that -- whatever completes the area south of 3 Galena Road, Centex will have made their donation I 4 even though they will not be building the park or I 08:09PM 5 be part of donating that land. Thank you. 6 MAYOR BURD: Did you want to ask a 7 question? 8 ALDERMAN SPEARS: Yes, could I? 9 MAYOR BURD: Sure. 08:10PM 10 ALDERMAN SPEARS: Could -- I don't think 11 you really answered their question regarding the 12 SSA in Autumn Creek. I believe the way I recall 13 there were 80 some homes that were purchased with 14 the SSA, then suddenly we saw a sign up saying no 08:IOPM 15 SSA, and after that we also -- I believe we were 16 told that Pulte paid the SSA. 17 Now is this true, where the original 18 80 purchasers were really at a loss of $30,000 per 19 home? 08:1OPM 20 MR. PALLARDY: I can't speak to what the 21 loss was. I can speak to the fact that the SSA is 22 in place at Autumn Creek, the SSA is staying in 23 place at Autumn Creek, and that in the interim 24 period that we proposed to pay off the SSA, I Depo•Court Reporting Service (630) 983 -0030 57 1 believe there were incentive dollars that were 2 going to be used to pay it off, those were 3 attributed to -- or then redistributed to the -- f 4 or redirected to the sales price, and to my I 08:11PM 5 knowledge, I don't know that any SSA's were ever i 6 paid off at Autumn Creek. I know none of them ! 7 were done at Bristol Bay. So that -- i 8 MAYOR BURD: This was a marketing -- 9 MR. PALLARDY: That is correct. 08:11PM 10 MAYOR BURD: -- tool to try -- when the 11 market started to go down to try to lure people 12 into -- not lure, but, you know, try to get them 13 to come into Autumn Creek. I didn't mean that as 14 a negative, but you know what I'm saying. 08:11PM 15 MR. PALLARDY: I would have used a 16 different term, but -- 17 MAYOR BURD: It's like a sales type -- 18 you know, like buy a new car and then the market 19 goes down and so they put it on sale, and it's an 08:11PM 20 unfortunate thing, but we could see the market 21 going down, and the only thing I'd like to say in 22 Pulte's defense is you've got to see all around 23 our community all of these developments where, 24 like he said, the developer just walked and they Depo•Court Reporting Service (630) 983 -0030 58 1 left us with these lots with weeds and all kinds 2 of issues, and Pulte was here, and what we saw -- 3 well, at least what I saw them doing is they were 4 committed to staying here and to continuing, and 08:12PM 5 they have continued building houses in Autumn 6 Creek when all other -- you look around and 7 nothing is going on and the people are very 8 unhappy in their developments because there are so 9 many problems and so many issues, but they at 08:12PM 10 least are here, so what I saw that as at the time, 11 they were trying to have a ,sale is what they were 12 trying to have, and -- 13 MR. PALLARDY: Irregardless -- I'm sorry E 14 to interrupt you -- but we were providing $30,000 15 of incentives -- 16 MAYOR BURD: Right. 17 MR. PALLARDY: -- whether it be to the 18 sales price or paying off the SSA, you know what, 19 it was how it was being packaged. We certainly 08:12PM 20 understood and felt the wrath of our residents -- 21 MAYOR BURD: Oh, absolutely. 22 MR. PALLARDY: -- and their input and we 23 listened to them and we reacted, and we're not 24 going to be in that position again, and as we Depo•Court Reporting Service (630) 983 -0030 59 1 propose changes to this, we're going to 2 communicate with them. 3 We don't -- the plans that we're i 4 going to submit are going to be part of the public 08:13PM 5 forum. We have nothing that we want -- that we i 6 don't want everyone to know about and talk about 7 and go from there, and ultimately if we're going i 8 to get to 200 permits in the United City of 9 Yorkville this year, I can guarantee you that my 08:13PM 10 company will pull a majority of those permits if 11 we get to that number, and that's going to benefit 12 all of the residents, including us, in that fact. ;i 13 MAYOR BURD: But we want the quality of i 14 the product that they're selling to stay the same. 08:13PM 15 We're not giving any kind of breaks on any quality 16 of the items. You know, we're not decreasing any 17 of our standards so that they can save money 18 anywhere. Yes, sir. 19 ALDERMAN GILSON: Since you're here this 08:14PM 20 evening, I have a quick question, Brian. I know 21 you mentioned that what this gentleman over here 22 represented was incorrect, but you're -- if you 23 can clear this up for me just so I have a clear 24 frame of mind, you're going to offer $50,000 in Depo•Court Reporting Service (630) 983 -0030 60 1 lieu of the 150 acres that would be normally 2 donated to the City, correct? 3 MR. PALLARDY: No. I 4 ALDERMAN GILSON: Okay. What's the 08:14PM 5 amount you are going to be paying for that land? 6 MR. PALLARDY: As part of the annexation 7 agreement for Bristol Bay -- 8 ALDERMAN GILSON: Yep. 9 MR. PALLARDY: -- there was a proposed f 08:14PM 10 five parks. 11 ALDERMAN GILSON: Okay. 12 MR. PALLARDY: Each one of those parks 13 was required to have a land donation, in other I 14 words, a certain acreage -- I don't have the five 08:14PM 15 off the top of my head like you mentioned -- and 16 then there was $50,000 per park that we were going 17 to donate to start with the development of those 18 parks. 19 The three parks north of Galena 08:14PM 20 Road, two of those have been developed and paid, 21 the third one goes with one of the plats going 22 forward. 23 So the City had budgeted for the 24 future development of these parks that hundred Depo•Court Reporting Service (630) 983 -0030 61 1 thousand dollars, which is why we made the 2 commitment to pay for those two parks. Even 3 though we weren't going to develop them, our .i 4 annexation agreement called for the five parks I 08:15PM 5 that we were responsible for to pay $50,000 a park i 6 and we're paying the full amount per the original 7 annexation agreement even,though there is less 8 parks. i i 9 Bart, do you want to clarify? 08:15PM 10 MR. OLSON: If I may. 11 MAYOR BURD: Yes, go ahead. 12 MR. OLSON: To be clear, you're not I 13 asking for any waiver under this annexation i 14 agreement of the obligation to provide those two 08:15PM 15 parks or the 150 park site because that's an issue 16 we have to deal with down the road, or am I 17 incorrect? 18 MR. PALLARDY: That is correct. - 19 MR. OLSON: Okay. 08:15PM 20 MR. PALLARDY: We couldn't ask for a 21 variance or an exception to the park requirements. 22 Whatever is in the ordinance today, we'll be 23 following that. 24 MR. OLSON: It's not a trade of a Depo•Court Reporting Service (630) 983 -0030 62 1 hundred thousand dollars the 150 -acre park site. 2 MR. PALLARDY: No. 3 ALDERMAN GILSON: But you originally did 4 agree to provide the 150 acres and now you're 08:16PM 5 saying you're not willing to do that, so why -- I 6 guess this is my question to you, why would we -- 7 why would we want to forfeit that? i 8 MR. PALLARDY: The agreement stated that 9 when the plats were recorded that this land would j 08:16PM 10 be used in that manner, a park site, and this 11 payment would be made. 12 We are not moving forward with any 13 of the property south of Galena Road, so, I 14 therefore, we don't own -- we can't transfer to 08:16PM 15 you what we don't own. 16 ALDERMAN GILSON: Okay. And that's -- i 17 Do you have any -- You say you don't have any 18 plans to ever develop that? 19 MR. PALLARDY: That is correct. I 08:16PM 20 MAYOR BURD : They don't own anything. 21 ALDERMAN GILSON: Is that something we - 22 get in writing? 23 MAYOR BURD: They don't own anything -- i 24 ALDERMAN GILSON: I understand that -- Depo•Court Reporting Service (630) 983 -0030 i 63 1 MAYOR BURD: -- so they can't provide 2 it. 3 ALDERMAN GILSON: -- but they agreed to t 4 provide the 150 acres of land for that property, 08:16PM 5 correct? 6 MAYOR BURD: Okay. We don't want to go 7 there. 8 ALDERMAN GILSON: Well, I'm asking. I 9 MAYOR BURD: No, really because we're in j 08:16PM 10 litigation. If he's starting to argue one side of i 11 the case, we can't do that publicly right now 12 because it puts us all at risk, and you wouldn't 13 want us to do that because if we get in trouble, i I 14 we're all going to have to pay for it, so -- 08:17PM 15 ALDERMAN GILSON: So we can't be 16 answered from a legal perspective? 17 MAYOR BURD: It's not that we want to 18 keep anything from you, it's -- you know, it's all 19 going to be out there. This is not something -- 08:17PM 20 why would we want to keep it because -- 21 But we can't argue this in public 22 right now because it would put us at a 23 disadvantage in court, so -- 24 ALDERMAN GILSON: Okay. • De o Court Reporting Service 630 983 -0030 P P g ( ) 64 1 MAYOR BURD: That's what our City 2 Attorney was trying to say earlier, we -- this 3 particular issue, that's what the -- that's what 4 the case is. It's over what's going on with this 08:17PM 5 land that's currently owned by this other bank. I 6 Is that correct, to sum it up? f a 7 MS. ORR: It's over land transfer 8 issues -- i 9 MAYOR BURD: Right. i 08:17PM 10 MS. ORR: -- so we do not want to 11 discuss it. 12 MAYOR BURD: Who gave land to whom and 13 when and all that stuff. Yes, ma'am. 14 ALDERMAN SPEARS: I just want to add a 08:18PM 15 few things here. We asked for a financial impact 16 analysis for the HOA, and I believe your response 17 was that you were going to complete marketing 18 research and you believe that would be completed 19 by the end of 2010 or early 2011, and then also I 08:18PM 20 believe five times you have stated at this point 21 something Centex is not considering or at this 22 time something Pulte is not considering, and, 23 again, I think everything is so unclear not only 24 to the residents, but to me as an alderman, and Depo•Court Reporting Service (630) 983 -0030 65 1 suddenly, you know, things are going to be rushed 2 to us, you're going to expect a vote on June 22nd, 3 and I think we don't have complete information 4 here, I don't. I'm not able to vote on this or 08:18PM 5 approve it. 6 (Applause.) I I 7 ALDERMAN SPEARS: And I just don't know 1 i 8 why there is a rush, whether it's because we need 9 the 200 new homes to pay our deficit for our water 08:19PM 10 fee, but I'm not rushing into anything, and I 11 again am not prepared to vote on this, and I would 12 also like both public hearings to be extended and I i 13 come back to this Council when we are provided and I 14 the residents are provided with the appropriate 08:19PM 15 information. 16 MAYOR BURD: Thank you. Okay. Does 17 anybody else in the audience wish to comment? 18 Yes, sir. 19 MR. ZDAN: My name is Joe Zdan and I own 08:19PM 20 a home in Balmorea subdivision, which is actually I 21 a different builder than Centex, but under my 22 understanding, all of the land that's around us is 23 affected, which is owned by Centex. 24 My question is what's going to be Depo•Court Reporting Service (630) 983 -0030 66 1 built around us, at what cost, and how is that 2 going to affect us even though we're a different 3 builder if they own all the land around us. 4 MR. PALLARDY: I'm not familiar exactly 08:20PM 5 where your property is adjacent to Bristol Bay. I 6 will tell you this, that the product offering at 7 Bristol Bay is likely to change from condominium, I 8 townhouse and single family to probably more of a 9 townhouse and single family line -up. 08:20PM 10 I would again reiterate that any of i 11 the future proposals that we have for plats that 12 are pending -- Even if we didn't amend this 13 annexation agreement, there were numerous plats I i 14 still to come through as part of the original 08:21PM 15 annexation agreement which will be submitted to 16 the City and Staff for review, will be open to a 17 public hearing and review, as well as be compliant 18 with your current subdivision ordinances and 19 codes, so as much as I'd like to provide you more 08:21PM 20 information today, if I stood up here today and 21 told you we're going to build all single family 22 houses here and all townhomes there, I would be 23 communicating the incorrect information, and, you 24 know, we'll certainly have -- we just need the i Depo•Court Reporting Service (630) 983 -0030 67 1 time to be able to reposition ourselves, and the 2 main reason for doing this is that if the City 3 Council was not open to be willing in the future 4 to make these changes, as long as they are within 08:21PM 5 the ordinances and the codes, then there would 6 have been no reason for us to try to amend our 7 annexation agreement. 8 When we couldn't do what we want to 9 do to change the market what we are proposing to E 08:22PM 10 do in the future, if we knew that wasn't a E 11 possibility, then we would have -- we would not be 12 here tonight. 13 So with this vote, there is nothing i 14 going to be rushed through or pushed through in I 08:22PM 15 three, four, five -- As soon as we can, I could 16 very well be back here with a plat that shows this 17 is the replatting of two or three neighborhoods in 18 Bristol Bay and this is what we're proposing to do 19 at Autumn Creek and we'll be in the exact same 08:22PM 20 situation, having open dialogue, open discussion, 21 and you'll be able to have your say, the _ 22 Council's, in what we're doing going forward in 23 the future. 24 But today I can't tell you what the Depo•Court Reporting Service (630) 983 -0030 68 1 price, what the product, what the color, it could 2 be a side load garage. I just started building 3 tandem three cars, new product that I'm 4. introducing here in Illinois, where it looks like 08:22PM 5 a two -car garage, but you get two on the right 6 that are two deep, so there is a lot of things li 7 that are coming out different in the market that 8 I'm -- and that's not -- If my market research 9 says we don't want single family homes and I got I i 08:23PM 10 that approved today, I'd be back here in four 11 months changing it again, and that's frankly not 12 the way to be. 13 All of you got a public notice. We 14 spent a lot of time, money and energy to get where 08:23PM 15 we are today just to say that we want to change 16 the future. We actually did it because we wanted 17 to be forthcoming and proactive on what's coming. 18 We're going to have all the 19 information for you every time we come out here, 08:23PM 20 okay? I'm sorry I can't give you exact answers, 21 but I'm telling you that's the way it's going to 22 be. 23 MAYOR BURD: So to clarify what we would 24 be voting on if we do take the vote in two weeks Depo•Court Reporting Service (630) 983 -0030 69 1 would be the lock on the fees and just the idea 2 that we are open to them coming in and proposing 3 changes in the future and they would have to 4 always be voted on. 08:24PM 5 They are not -- Right now when we 6 vote -- in two weeks we will not be voting to 7 accept any plans. What we're just saying is we're 8 open to letting them come in to us and present the 9 plans and then you would have to come in again and 08:24PM 10 share with us a review of these plans once again, 11 and like they said, you would decide when -- they 12 decide what they're going to do and propose, if we 13 don't like them, that doesn't mean that we have 14 given them approval for that right now. 08:24PM 15 MR. PALLARDY: That is correct. 16 MAYOR BURD: So they'll still be stuck 17 with what's there until we approve something else. 18 MR. PALLARDY: And our first request 19 will be modifications to previous plans that this 08:24PM 20 Council had reviewed and approved. 21 MAYOR BU RD: D• 1 f this u know, R So al o t s you , 22 like you said before, it's a slow process. We're 23 not planning to suddenly approve something and I 24 then a couple weeks after that they're going to i Depo•Court Reporting Service (630) 983 -0030 i 70 1 start building something that you have no idea 2 what it is. 3 You'll -- before we vote on it, you 4 will have plans, you'll be able to see what it 08:25PM 5 looks like, you'll be able to see how it fits in 6 with where you are living right now and whether ! 7 it's acceptable to you or not. 8 Basically what they're just looking 9 at is can -- their lock is going to run out and 08:25PM 10 then the fees would go up for them and they would 11 have to change more money and they would be not 12 competitive, so that's the first issue they want 13 us to address. r 14 And then they want us to also tell ! 08:25PM 15 them whether or not we are open to letting them 16 come to us with these other ideas, and that's what 17 the City Council is going to be looking at, but 18 we're not expecting them to come in with all these 19 plans in two weeks and show us what they're 08:25PM 20 planning to do because that's down the road and 21 we're are not going to approve anything until we 22 see that. 23 MR. PALLARDY: I can guarantee you I 24 will not have any plans any time soon for you to Depo•Court Reporting Service (630) 983 -0030 i 71 1 review and possibly vote on, and certainly not in 2 two weeks. 3 MAYOR BURD: Until we vote then, if you 4 are building, you are building according to the 08:25PM 5 plans that you have. 6 MR. PALLARDY: That is correct. 7 MAYOR BURD: That everybody knows and 8 they have seen. Nothing is going to change until 9 the City Council has another vote on what's going 08:26PM 10 on. 11 MR. PALLARDY: Correct. 12 MAYOR BURD: Yes, ma'am. 13 MS. DUDEK: If that's the case, what you i 14 just Miss -- Mayor Burd, would there be any 08:26PM 15 chance then for a modification to the elevation 16 behind us? i 17 And I just want to take two minutes 18 to recap what happened. They had a big meeting I 19 here when Autumn Creek initially set up this whole 08:26PM 20 program. It was a public meeting and everyone was 21 notified; unfortunately, I wasn't. I was a new 22 homeowner at the time, it never got to me. But 23 because the neighbors had all told me about it, I I 24 did come. Depo•Court Reporting Service (630) 983 -0030 I 72 1 There was a big concern that night 2 primarily about water, and that was -- that took a 3 lot of discussion because so many of the residents 4 there are on well and septic and they were very 08:27PM 5 concerned with all the new wells that were going 6 to be built whether our water would be affected i 7 because of that. 8 Those plans came and everybody 9 looked at them. We had beautiful drawings like 08:27PM 10 this that they showed us. We saw all of the 11 amenities that would be in that particular 12 subdivision of Autumn Creek. 13 Until the actual day that that 14 elevation was finished, nobody had a clue, and I 08:27PM 15 say that honestly because I asked many of the men 16 here tonight, do you know what the elevation of 17 your property is. 18 So when we came and looked at those 19 plans night, none of us knew what our 08:27PM 20 elevation was, nor did we see it unless we got 21 really technical. 22 I'm a housewife, okay? I don't know 23 that much about it. It wasn't until the entire 24 thing was finished and I went back there one day Depo•Court Reporting Service (630) 983 -0030 73 1 after having been on vacation for two weeks and 2 thought, oh, my gosh, what did you guys do? 3 And as I looked out on my property { 4 here and looked at Autumn Creek's property up 08:28PM 5 here, I thought, when did this happen and why? l 6 When I approached the man in the 7 trailer, the construction manager, whatever he was 8 at the time, I said, What happened? What did you 1 9 do? He says, Well, we had to put the dirt 08:28PM 10 someplace. Two weeks later, Autumn Creek was 11 hauling in dirt from someplace else to put in the 12 Autumn Creek north -- south of us in Phase I. 13 I just think that a lot of mistakes I 14 were made, I think a lot of people -- either the 08:28PM 15 City people, the building and zoning, I don't know 16 who, did anyone ever notice that that was a 17 change? 18 So will they now, since you are 19 making modifications, talking about what we're 08:28PM 20 going to change in Bristol Bay, will you try and 21 see what can be done about that? 22 MAYOR BURD: I don't think anybody is 23 suggesting any elevation changes -- '- I 24 MS. DUDEK: It never was brought up that Depo•Court Reporting Service (630) 983 -0030 74 1 night. Never. Nobody ever said anything. It 2 wasn't until we saw what happened, came in 3 personally several times and looked at all the I 4 engineering plats. j 08:29PM 5 Again, I'm a housewife, I don't 6 understand all this, but when you show me these 7 beautiful renditions and everything of what's 8 going to happen, it looks okay, no problem. 9 There's going to be a few houses behind me, I have 08:29PM 10 no problem with neighbors. 11 , But when you put them that much 12 higher than me, what is -- You literally -- and I I` 13 can only say this -- you guys put us in a ditch. I I 14 You raised all the property around us and here we 08:29PM 15 are, and that -- it really wasn't fair. And 16 again, we all came to the meetings, we all looked 17 at all the things. There was no way we would be 18 able to tell that. 19 So, you know, I caution the people 08:29PM 20 of Bristol Bay, if you have things that they're 21 going to show you, a fancy thing like this, look 22 at it carefully, check your elevations, check 23 everything about it to make sure that they don't 24 turn around and that's what you end up with, what Depo•Court Reporting Service (630) 983 -0030 75 1 we ended up with. Thank you. I did sign in 2 first. 3 MAYOR BURD: Is there anyone else here 4 who would like to address the City Council? Yes, 06:30PM 5 sir, in the back. We're still on public hearing i 6 for Centex, so please... 7 MR. CAMISA: Eric Camisa, resident of i 8 Bristol Bay. I would like to request that the 9 Council seriously consider requesting a study from 08:30PM 10 the builder where they have done these actions at 11 other communities, whether it be in the state 12 here, other states, find out the impact on the 13 value of the property, the taxes and their i 14 commitment to see this through. That's all I've 08:30PM 15 got. 16 MAYOR BURD: Are you -- Are you asking 17 about the changes to the -- to the building 18 product that they're doing, how that affects 19 your -- how it would affect you? 08:31PM 20 MR. CAMISA: Well, sort of. What I'm 21 asking is I'm sure this is not the first time 22 they've done this. I'm sure they have done it in 23 other communities where they have not fulfilled 24 their original obligation, so let's find out what I Depo•Court Reporting Service (630) 983 -0030 76 1 they have already done in other communities before 2 they try doing it here. 3 MAYOR BURD: As far as fulfilling their 4 original obligation, I think that most items -- i 08:31PM 5 it's just keeping it where it was, they're not -- 6 MR. PALLARDY: That's correct. i 7 MAYOR BURD: They're not decreasing the i 8 obligations. 9 MR. PALLARDY: I don't have any 08:31PM 10 knowledge to where we have not fulfilled our 11 obligations underneath our annexation agreement 12 for Bristol Bay, so first and foremost. I don't 13 know that we're in violation of our annexation i 14 agreement or if we're not performing under the 08:31PM 15 requirements of it. That's number one. 16 Number two is we're going to study 17 the market and we are certainly not going to 18 provide in a public forum our results of a market 19 analysis based on price, availability. 08:32PM 20 We didn't set pricing or make 21 changes to pricing based on what we wanted to do, 22 that was a result of the market, and we will 23 provide product under our existing annexation 24 agreement or an amended product that is priced Depo•Court Reporting Service (630) 983 -0030 77 1 that the market will bear in the market. 2 So that's not a study that the 3 developer, any builder, is going to provide a 4 municipality or homeowners. We have a realtor 08:32PM 5 present, they can certainly consult with a realtor 6 and do a market study on their individual home to 7 find out what 'it's worth, but, again, our houses i 8 aren't worth more because we're building them than 9 someone's house is today. It is based on market 08:33PM 10 conditions. 11 MR. RATOS: My name is Jim Ratos. I am 12 a local resident here for 30 years, and I just had 13 one question if we could from Staff down the line. I i 14 If there is a change in the regional detention 08:33PM 15 facility, if anything is going to happen to that, 16 I would appreciate being contacted on that. 17 We front funded some money for the 18 out fall right there and we just were just curious 19 if we find out, you know, if that's going to 08:33PM 20 change in the grand manner for the future, I don't 21 know if that's even in regards to this, so if you 22 could do that for me, I'd appreciate it. Thank 23 you. 24 MAYOR BURD: Is there anyone else here Depo•Court Reporting Service (630) 983 -0030 78 1 who would have any questions for this developer? I 2 Yes, sir. 3 MR. M. JOHNSON: Hi, I'm Mark Johnson, 4 Yorkville. Really I didn't have any plans on j 08:34PM 5 saying anything tonight, but after hearing some of i 6 this, I just want to say a few things. 7 One is thank you to the City Council I 8 for the delay in not voting on it tonight, as the I i 9 Blackberry Woods was planned to vote on the same 08:34PM 10 night and it looks like you're taking my 11 recommendation and delaying, although I think the 12 people here would like it delayed a little bit 13 longer than two weeks to get a good look at what's j i 14 going on here. But, anyway, thank you for that. 08:34PM 15 As for Pulte, I travel a lot around 16 the country, I actually just bought a place in 17 Arizona, and I happen to see a lot of Pulte homes 18 out there, so I know they are all over the country 19 and, of course, they -- for the most part they 08:35PM 20 probably are good citizens. They're sticking it 21 out when a lot of the others are bailing. But 22 don't even begin to try and make us feel sorry for 23 Pulte and the corporation. 24 You're -- Pulte and all of the Depo•Court Reporting Service (630) 983 -0030 79 1 corporations only owe their lives to their I 2 shareholders. They don't owe it to these people 3 that live here. 4 If this didn't work out in this I 1 08:35PM 5 city, they'll pull their staff, they'll pull their 6 roots and head out to Arizona or head out to one ' 7 of the other places. That's how the corporations I 8 work. 9 It's not wrong, I don't like it, and 08:35PM 10 I don't think most of the people here like it, but 11 when you play on our emotions to -- like oh, we're 12 good citizens, you know, we want to do this, we I 13 want to do that, you know, you can fool some of 1 I 14 us, but not all of us. Just keep that in mind. 08:36PM 15 And I hope everybody here, most people here are 16 smart enough to understand that. 17 The last thing I guess I want to 18 comment about is -- really to the City Council 19 again is this, most of the City Council wasn't 08:36PM 20 here in the upswing in the building, but we're in 21 a big rush, every week we're reading it in papers, 22 we're hearing it at the Council meetings, at back 23 then the weekly meetings that we - had, and we -- j 24 everybody was on the bandwagon. Depo•Court Reporting Service (630) 983 -0030 80 1 There is nobody here arguing about 2 the'places going up. Everybody is happy. They 3 think it's great. Growth is good. Everybody's 4 property values are going up. 08:36PM 5 The Council was in a hurry, they 6 gave up a lot, they gave in to the corporations. 7 They didn't have a good plan for that rapid 8 growth. That's why we have the water tower that's I 9 not paid for that now everybody is going to have 08:37PM 10 to help pay for, throw in some more money, the I 11 schools that aren't paid for. 12 So we were in a rush. We're on the 13 downhill slide. It's going to be a couple more 14 years. I keep telling everybody that, nobody 08:37PM 15 seems to want to listen to that, but this economy 16 is not going to turn around for the next couple 17 years. 18 You guys are going to weather it 19 because you're nationwide. That's wonderful. But 08:37PM 20 I ask this City Council to truly consider the 21 impact on these people out here that are here -- 22 they would rather be home right now, but they're 23 here. Keep them in mind, not just the 24 corporation, not just your tax revenue, okay? Depo•Court Reporting Service (630) 983 -0030 I 81 1 It's -- these -- This is the 2 community. This is Yorkville. Just like I am. 3 It's not your tax base. It's not the developers 4 coming in'and trying to make deals. 08:38PM 5 So please, study this hard, make 6 sure you are doing the right thing for these I 7 people out here. Thank you. 8 (Applause.) i 9 MAYOR BURD: Is there anybody else who 08:38PM 10 would like to talk? Yes, sir. 11 MR. GILMORE: My name is Tom Gilmore. 12 I've been in the construction business for I I 13 45 years. I want to give two thoughts for the 1 i 14 Council to consider. 08:39PM 15 One, annexation agreement. The 16 agreement was made. Good bargaining, you bargain 17 from the high side. You don't come in and make 18 concessions. 19 Two, bail -outs. This is what I'm 08:39PM 20 hearing. This is a bail -out. Now, once housing 21 degrades, it degrades throughout the whole 22 community. You only get one chance to build and 23 do it the right way. i 24 I don't see where you ought to be Depo•Court Reporting Service (630) 983 -0030 i 82 1 making concessions to the City just to get a 2 little more money to make the budget look good. 3 Once that money is gone, it will be gone quickly, 4 and what's the next scheme that's coming around 08:39PM 5 the corner here? 6 I think there is nothing unique 7 about Yorkville. Look to the east of you, it's 8 every community around here is sitting with vacant 9 developments. I don't think this is going to 08:40PM 10 suddenly turn into an oasis where they're going to 11 come flying in from all over the United States to 12 move to Yorkville simply because we make a couple 13 concessions. 14 People who have got these 08:40PM 15 developments bought them under the pretense that 16 they were going to have that pretty picture that 17 they showed them when they went in the sales 18 office. Now that's changing. 19 Bail -out. Think bail out. I think 08:40PM 20 this whole country has had enough of them, and 21 this sounds like one to me. Thank you. 22 (Applause.) 23 MAYOR BURD: Well, the thing is there is 24 no bail -out in this at all. There are no -- i Depo•Court Reporting Service (630) 983 -0030 83 1 MR. GILMORE: You're making a 2 concession. It's a bail -out. 3 MAYOR BARD: No, we're not making any 4 concessions, though. All we're doing is keeping j 08:40PM 5 it where it is. We're not giving them anything 1 6 new. We're actually -- They're giving us the 7 money that they needed and we have this issue with 1 8 this property that is in litigation, so that's I 9 what we're dealing with, it's not that we're 08:41PM 10 getting anything or they're giving us anything, 11 or -- We're not giving them any major concessions 12 that I'm aware of. Are you aware of any? I ;i 13 MS. ORR: No. I I 14 MAYOR BURD: So anybody -- Bart, are you j 08:41PM 15 aware of any major concessions besides just I i I I 16 freezing things where they are? 17 MR. OLSON: No, although the term 18 "major" is, you know, open to interpretation. 19 MAYOR BURD: I don't know, it's kind of 08:41PM 20 a swap I think what we're trying to do, so ... 21 Is there anybody else in the 22 audience who would like to ask a question or 23 address the City Council or have any concerns 24 before we move on? Yes, ma'am. Come up. And we Depo•Court Reporting Service (630) 983 -0030 84 1 are still talking about the Centex Homes, the 2 public hearing. 3 MS. COVENY: Okay, my name is Vicki i 4 Coveny. I have lived in Yorkville since 1995, and - I 08:41PM 5 as far as freezing the fees so they don't go up i 6 for this is what I understand, I'm against it. 7 You didn't guarantee me you're going i 8 to freeze any of my fees for any of my services, 9 and I still haven't had my street fixed since 1995 08:42PM 10 when I moved in, so I want you to think about that 11 because I'm not very happy. 12 MAYOR BURD: Okay. Is there anyone 13 else? Yes, ma'am. I 14 MS. LIESCHINGER: Hi. I live in the 08:42PM 15 Centex Bristol Bay area. I had a question 16 regarding SSA. You brought up a good point about 17 that. Right now there's a lot of area that's not 18 built up, there is sewers that there is water 19 overflowing in and so forth. 08:42PM 20 Are we all paying for that or are we 21 just paying for our little portion on our plat? 22 Because we get a bill, you know, our tax bill, for 23 2,0'00 some odd dollars, and I wanted to know if, 24 you know, like these things that were promised and Depo•Court Reporting Service (630) 983 -0030 85 1 what it says an SSA is, like taking care of 2 wetlands and public park improvements, all of 3 those things haven't happened for several years, ' I 4 but are they being included in what's being j 08:43PM 5 charged each year on our taxes? 6 MAYOR BURD: Well, can you explain the 7 difference between the homeowner's association and 8 the SSA, that's what -- I 9 MS. LIESCHINGER: Well, the SSA is 08:43PM 10 that -- what you might call, what she was 11 explaining, as our ability to be able to buy -- 12 the price of the home was a little bit lower, but 13 you were going to pay back over, say, 25 years for I 14 them to put in sewers and so forth, and it already 08:43PM 15 says in here, require -- tap on fees are already 16 included in that, so when you said that our water 17 bill is going to be going up, it already says in 18 here that we pay for that in our SSA. 19 MAYOR BURD: But that's -- that's -- 08:43PM 20 MS. LIESCHINGER: Is that something 21 different? Maybe I'm -- 22 MAYOR BURD: That's something different. 23 It's bonds that the City issued in 2005 -- 24 MS. LIESCHINGER: Okay. Depo•Court Reporting Service (630) 983 -0030 86 1 MAYOR BURD: -- overall, it's not for 2 your project, it's for -- 3 MS. LIESCHINGER: Okay. But that bond, 4 does that encompass everything that hasn't been 08:44PM 5 built yet today? Are we paying for that ahead of 6 time or are we just paying for our little piece of 7 property? i 8 MAYOR BURD: Well, your SSA -- Would you 9 like to explain this? 08:44PM 10 MS. LIESCHINGER: I guess I am confused 11 because... 12 MS. ORR: The SSA that built -- whatever 13 the SSA did was the infrastructure. The issue is 14 now it's not complete. 08:44PM 15 MS. LIESCHINGER: Right. 16 MS. ORR: And so the developer is 17 committed to complete it, and so the developer is 18 standing us before today saying maintain that 19 fee -- this is what they are requesting of the 08:44PM 20 City Council, maintain my impact fees, allow me to 21 use current code so that I can get these things 22 completed, so basically and -- and I don't mean to 23 misspeak, but it's six of one, half a dozen of the 24 other. Depo•Court Reporting Service (630) 983 -0030 87 1 Are the points here that everyone 2 has made valid? Oh, my gosh. Okay. But the 3 issue is there is the SSA there and we've got to 4 get this developer moving forward to finish 08:45PM 5 exactly the points that you're raising, and that 6 commitment is there and that's in writing, and so 7 that's part of the quid pro quo here. i 8 Does that make sense? i 9 MAYOR BURD: But the water -- But she is 08:45PM 10 asking about the water rate increase that's across 11 the city. i 12 MS. ORR: The water -- 13 MR. PALLARDY: Can I take a crack at it? 14 MS. LIESCHINGER: Okay. I guess I'm 08:45PM 15 confused a little bit on what our SSA is actually 16 going for -- 17 MS. ORR: Yes. 18 MS. LIESCHINGER: -- because what is 19 stated in this form from 2005, some of those 08:45PM 20 things that we're paying for are not happening. 21 MAYOR BURD: Ma'am, could you restate 22 your name? 23 MS. LIESCHINGER: Karen Lieschinger. 24 MAYOR BURD: Did you sign in? Depo•Court Reporting Service (630) 983 -0030 i 88 1 MS. LIESCHINGER: Yes. 2 MAYOR BURD: Okay, good, Karen. But 3 these are -- these are two different separate 4 issues because the bonds I'm talking about aren't 08:45PM 5 the bonds for your project. 6 For instance, we issued the bonds to 7 take radium out of the water. That's something 8 the state mandated that we had to do, and that was 9 across -- that was for water treatment for the 08:46PM 10 whole city, so we issued bonds. That -- that was I 11 one of the things. And we were using new 12 resident's tap on fees as a way -- as a revenue 13 source to pay off these bonds, and it fell way I 14 short because all the projected people that were 08:46PM 15 supposed to move into all of these other 16 developments, like Grande Reserve and, you know, 17 Caledonia and all of these other ones, we were 18 expecting that their money would generate revenue 19 to pay off these other bonds, but that's not u 08:46PM 20 specifically for your development. 21 MS. LIESCHINGER: But I guess what I'm 22 asking then is, I get the two now -- I 23 MAYOR BURD: Right. 24 MS. LIESCHINGER: -- at first I was kind Depo•Court Reporting Service (630) 983 -0030 89 1 of merging together. 2 MAYOR BURD: Yeah. 3 MS. LIESCHINGER: But all the area i 4 that's not developed, are we currently -- I 5 MAYOR BURD: Okay. So -- 6 MS. LIESCHINGER: -- paying for that or 7 is the developer paying for that? 8 MAYOR BURD: -- this gentleman can 9 answer that question. 08:46PM 10 MR. PALLARDY: Just like you get an SSA 11 bill for the property you own, we get an SSA bill. 12 MS. LIESCHINGER: Okay. _i 13 MR. PALLARDY: So anything that is not i I 14 sold that we own, which is everything north of 08:47PM 15 Galena, we pay our SSA' s on it. 16 Additionally, you know, until that 17 is officially accepted by the City, we'll maintain 18 that and /or making any repairs prior to 19 dedication. 08:47PM 20 So if there is a broken piece of 21 storm sewer or "there is, you know, curb that is 22 damaged, the developer is taking care of those, 23 and, again, every lot that we own out there, we 24 pay our SSA payments on just like it comes due for Depo•Court Reporting Service (630) 983 -0030 90 1 the rest of our residents. 2 MS. LIESCHINGER: But now as far as -- I 3 guess -- { 4 MR. PALLARDY: The tap fees? The tap 08:47PM 5 fees were paid as part of the permit, it was in 9 6 the annexation agreement, which is why I think it 7 is specified differently in the SSA that it does I 8 not include tap fees. Tap fees were paid by the 9 developer, and the water -- 08:47PM 10 MS. LIESCHINGER: It says right in here, i 11 related tap on and related fees for water, 12 sanitary -- 13 MR. PALLARDY: That is correct. Those i I 14 are the actual infrastructure, the pipes we put in 08:48PM 15 the - ground, but the fees we pay to the City, and 16 those are not reimbursable from the SSA. 17 MS. LIESCHINGER: But what about like 18 some of the things that aren't happening there in 19 our community, like on the areas that you guys 08:48PM 20 own? We've got weeds growing everywhere, it's not 21 being taken care of. If we're paying for that or 22 if it's included, shouldn't that be -- 23 MR. PALLARDY: You're not paying for 24 that part -- 1 i Depo•Court Reporting Service (630) 983 -0030 91 1 MS. LIESCHINGER: That's not the 2 homeowners? 3 MR. PALLARDY: That's correct. 4 MS. LIESCHINGER: That is what I needed 08:48PM 5 to know. 6 MR. PALLARDY: So unless it is for the 7 community you live in or your house to maintain i, 8 the outside, everything else that is not built or I 9 partially developed is a developer responsibility, 1 08:48PM 10 and if there is weeds out there, I will address 11 that tomorrow. 12 MS. LIESCHINGER: Fair enough. 13 MAYOR BURD: Does anyone else have I 14 questions? 08:48PM 15 (No response.) 16 MAYOR BURD: Okay. Then if there are no 17 further questions, then we will close the public 18 hearing on the Centex petition. 19 The next petition is RI Waterman 08:49PM 20 Properties. This is being tabled indefinitely, 21 but at the request of RI Waterman, that's for the 22 Grande Reserve -- areas in Grande Reserve, but if 23 there is anyone here who would like to address the 24 City Council on this, we would be more than happy I Depo•Court Reporting Service (630) 983 -0030 92 1 to record your questions or comments. 2 Is there anyone here who would like 3 to talk about RI Waterman? Yes, sir. Come up and 4 state your name for the record and sign in. 08:49PM 5 MR. S. JOHNSON: My name is Seneca 6 Johnson and I'm in Balmorea, Saratoga, and we 7 received a letter in the mail saying that we were 8 supposed to be here for a public hearing and I 9 don't know what is going on. 08:49PM 10 I've been hearing a sports center 11 being put up and hotels and stuff like that, but 12 only thing I'm hearing is about houses, so I'm 13 lost. 14 MAYOR BURD: Okay. And you are talking 08:50PM 15 about the RI Waterman one and not the Centex one? 16 MR. S. JOHNSON: Ma'am, I don't know. 17 I'm just asking the question. I'm just trying to 18 get some answers. 19 MAYOR BURD: Where do you live? j 20 MR. S. JOHNSON: In Balmorea in Saratoga 21 community. 22 MR. OLSON: If he received a notice in 23 Balmorea, it would have been for Bristol Bay, so 24 RI Waterman and Grande Reserve, that subdivision � Depo•Court Reporting Service (630) 983 -0030 I 93 1 did not send out any notices other than the 2 published one in the newspaper. 3 MAYOR BURD: Okay. So -- 4 MR. OLSON: You would have received a 08:50PM 5 notice for the Bristol Bay, which is the one we I 6 just talked about. 7 MAYOR BURD: That was all the 8 discussion -- Were you here for most of that 9 discussion? 08:50PM 10 MR. S. JOHNSON: Yeah, I was sitting 11 back there. 12 MAYOR BURD: So that was what that was 13 about. The notice you received was for the Centex 14 property that we have just concluded that 08:50PM 15 discussion. 16 MR. S. JOHNSON: So there is no -- 17 MR. PALLARDY: There is no changes. 18 MR. S. JOHNSON: -- hotels, no -- 19 MR. PALLARDY: We are required to notify 08:50PM 20 anyone within 500 feet I believe -- 21 MAYOR BURD: Right. 22 MR. PALLARDY: -- and your property was 23 500 feet, so you automatically got that letter. 24 MR. S. JOHNSON: Okay. Depo•Court Reporting Service (630) 983 -0030 94 1 MR. PALLARDY: We are not making any 2 modifications, it is just affecting Bristol Bay. 3 MR. S. JOHNSON: Okay. Thank you. 4 MAYOR BURD: Okay? Anybody else who may 08:50PM 5 have some question on Centex? I mean, on, excuse 6 me, Grande Reserve, RI Waterman? ° 7 (No response.) 8 MAYOR BURD: Okay. Then we will close 9 that public hearing, and that concludes the public 08:51PM 10 hearings for this evening, and thank you all for 11 being here. 12 (Which were all the 13 proceedings had in the 14 public hearing portion 15 of the meeting.) 16 --- 000 - -- 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 95 1 STATE OF ILLINOIS ) ) SS. 2 COUNTY OF LA SALLE ) 3 I, Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the 7 foregoing Report of Proceedings, Pages 1 through I 8 96, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof. 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 23 24 Depo•Court Reporting Service (630) 983 -0030 96 1 In testimony whereof, I have 2 hereunto set my hand this 13th day of July, A.D., 3 2010. 4 5 6 Christine M. Vitosh, CSR 7 CSR No. 084 - 002883 ' I 8 9 10 11 12 13 1 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 97 3 acres [1 1] - 4:4, 12:15, 32:21, 33:9, 34:1, 76:13, 76:23, 81:15, 16:23, 17:2, 17:13, 35:14, 36:10, 36:13, 90:6 $150 [0] - 42:21 30 [3] - 24:8, 53:4, 17:15, 32:12, 32:20, 42:1, 42:3, 42:6, Annexation [21- 4:1, $25,000 [1] - 14:13 77:12 60:1, 62:4, 63:4 42:12, 47:1, 48:7, 12:12 $30,000 [31- 52:20, 34 [�] - 4:5 actions (11- 75:10 49:2, 54:24, 56:1, annexed [11- 95:17 56:18, 58:14 activity [1] - 23:18 60:7, 61:4, 61:7, answer[io] - 11:6, $5,509 [1] - 42:24 4 actual [3] - 49:20, 61:14, 62:8, 66:13, 28:3, 28:9, 28:11, $50,000171- 16:23, 45 [11- 81:13 72:13, 90:14 66:15, 67:7, 76:11, 29:6, 29:17, 38:19, 32:8, 33:8, 54:1, 47 [41- 12:15,14:16, add [5] - 21:3, 24:5, 76:14, 76:24, 81:15, 54:4, 54:12, 89:9 59:24, 60:16, 61:5 33:20, 33:21 27:1, 49:16, 64:14 81:16, 90:6 answered [2] - 56:11, $500121- 23:10, 23:11 48 [1] - 46:20 added [2] - 23:13, Agreement 1z1- 4:1, 63:16 $80,000 [21 - 32:22, 44:2 12:12 answers [2] - 68:20, 33:1 5 additional (31- 11:21, agreements [2] - 40:3, 92:18 19:3, 32:1 51:24 anticipate [1] - 8:6 500 [z] - 93:20, 93:23 additionally [1] - ahead [4] - 23:24, anticipated 11] - 22:21 084- 002883 [11- 96:7 89:16 37:21, 61:11, 86:5 anticipating [1] - 6 address [18] - 3:10, Alderman 151 - 2:3, 10:21 60 [1] - 21:10 3:17, 6:11, 6:17, 2:4, 2:5, 2:8, 2:9 anticipations [11- 1 [1] - 95:7 600 [11- 49:17 6:20, 8:2, 10:4, ALDERMAN ( 52:6 633 [1] - 12:15 15:13, 16:11, 18:10, 56:8, 56:10, 59:19, anyway [1] - 78:14 1.5 [1 ] - 31:11 25:17, 37:6, 38:12, 60:4, 60:8, 60:11, 67 [z] - 32:20, 32:23 apologize [z] - 32:24, 12 (21- 4:2, 7:21 70:13, 75:4, 83:23, 62:3, 62:16, 62:21, 53:13 13th (1] - 96:2 7 91:10, 91:23 62:24, 63:3, 63:8, 150 [111- 16:23,17:2, appeal [1] - 51:15 adjacent (21- 6:24, 63:15, 64:14, 65:7 appeared [21- 2:19, 17:7, 17:8, 17:12, 7:00 [1] - 1:16 66:5 alderman [2] - 63:24, 32:6 17:15, 32:12, 60:1, Administrator z - 64:24 61:15, 62:4, 63:4 Administrator [ 21 applause [2] - 18:5, 2:13, 44:1 Alderwoman [3] - 2:6, 65:6 150 -acre [1] - 62:1 8 [1] - 1:15 admittedly [1] - 46:6 2:7, 2:10 Applause (5) - 25:16, 1995 [z] - 84:4, 84:9 advertisements [11- align (1] - 14:7 80 [3] - 33:1, 56:13, 46:15, 54:14, 81:8, 2 56:18 53:5 Allegiance [1] - 3:1 82 :22 800 [1] - 1:16 advise [3] - 20:3, allow [4] - 3:12, 5:17, application 121 - 3:23, 2,000 [11- 84:23 8th (11- 47:8 36:20, 37:3 6:9, 86:20 12:9 2.4 [1] - 31:10 advising [1] - 48:24 allowed [1] - 42:1 applies [2] - 16:14, 20 [z] - 11:5, 30:12 9 affect [5] - 11:8, almost (1] - 24:14 95:17 200 (3] - 43:24, 59:8, 16:20, 35:7, 66:2, amend [6] - 4:14, appreciate [5] - 14:22, 65:9 96 [1] - 95:8 75:19 11:7, 14:14, 51:24, 24:20, 44:13, 77:16, 2003 [1] - 40:14 affected 17] - 15:11, 66:12, 67:6 77 :22 2004 [1] - 22:20 A 16:1, 16:4, 18:1, amended (1] - 76:24 approached [1] - 73:6 2005 [20] - 4:2, 6:3, A.D [1] - 96:2 31:3, 65:23, 72:6 amending f11- 22:1 appropriate [1] - 12:13, 21:23, 22:7, ability (1] - 85:11 affecting [11- 94:2 amendment (9] - 3:24, 65:14 22:20, 23:3, 33:9, able (123- 14:1, 14:7, affects 13] - 15:16, 5:9, 5:12,12:11, approval [41- 42:2, 39:1, 39:3, 42:13, 26:20, 40:19, 41:17, 39:15, 75:18 31:3, 35:13, 36:17, 42:9, 43:4, 69:14 42:15, 47:21, 48:7, 65:4, 67:1, 67:21, afford [1] - 52:22 38:21, 46:24 approve [5] - 16:18, 52:1, 52:4, 52:5, 70:4, 70:5, 74:18, aforesaid [1] - 95:10 amendments [4] - 7:5, 65:5, 69:17, 69:23, 55:13, 85:23, 87:19 85:11 agenda [21- 3:4, 12:23, 37:12, 37:17 70:21 2006 [61- 37:23, above - entitled (2] - 49:20 amenities [1] - 72:11 approved 15] - 5:3, 42:22, 47:21, 51:5, 1:14, 95:6 agent [z] - 11:5, 24:2 amount [3] - 33:2, 42:13, 42:19, 68:10, 52:4, 52:5 abrogated [1] - 17:8 Agnes [11- 27:6 60:5, 61:6 69:20 2010 [9] - 1:15, 10:22, absolutely [1] - 58:21 ago [3] - 30:13, 41:22, amounts [1] - 31:22 April (21- 4:2, 12:13 22:2, 23:3, 42:16, accept [1] - 69:7 53:12 analysis [3] - 10:9, ARDEN [1] - 2:4 42:19, 43:7, 64:19, acceptable [1 ] - 70:7 agree [5] - 31:5, 35:6, 64:16, 76:19 area [9] - 7:17, 8:20, 96:3 acceptance [z1- 4:21, 41:13, 44:22, 62:4 ANN 111 - 2:6 11:5, 14:10, 39:23, 2011 (2] - 11:1, 64:19 17:18 agreed [3] - 34:12, annexation [291- 4:15, 56:2, 84:15, 84:17, - 2013 (1] - 42:14 accepted [t] - 89:17 42:5, 63:3 14:16, 15:14, 15:19, 89:3 2015 (1] - 43:7 accomplished [1] - agreeing [31- 32:8, 15:21, 22:1, 22:18, areas 13] - 48:12, 22nd [2) - 47:14, 65:2 36:16 34:4, 34:6 32:4, 32:11, 32:14, 90:19, 91:22 25 (1] - 85:13 according [11- 71:4 agreement 1421 - 4:15, 35:14, 36:10, 36:13, argue [21- 63:10, 26 (1] - 12:13 accuracy [1] - 95:20 6:3, 11:8, 14:17, 40:3, 42:5, 49:2, 63:21 265 [11- 4:4 achieve (1] - 27:2 15:14, 15:19,15:21, 56:1, 60:6, 61:4, arguing [21 46:16, 28th (1] - 47:8 acre 121 - 32:22, 33:1 16:9, 22:19, 28:14, 61:7, 61:13, 66:13, 80:1 acreage [1] - 60:14 32:5, 32:11, 32:14, 66:15, 67:7, 76:11, Arizona [2] - 78:17, Depo•Court Reporting Service (630) 983 -0030 98 79:6 bankruptcy [21- 25:20 bodies [1] - 21:12 8:23, 9:3, 9:6, 9:10, carefully (3] - 36:11, assembling 11] - 8:15 bargain [1] - 81:16 bond [s] - 5:14, 5:22, 10:4, 10:19, 11:2, 74:22 assessed (3) - 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4:15, 14:21, brand [1] - 26:4 48:18, 49:9, 49:12, 32:15, 32:18, 32:22 20:13 18:19,18:23, 25:2, brands [21- 13:4, 26:2 49:22, 54:8, 56:6, catcher 11] - 18:7 assume [1] - 95:19 27:7, 37:10, 44:8, breakdown 11] - 20:3 56:9, 57:8, 57:10, caution (1] - 74:19 assumed [1] - 20:11 50:10, 50:16, 53:21, breaks (1] - 59:15 57:17, 58:16, 58:21, ceased (1] - 39:23 attached 11] - 28:9 54:21, 55:12, 57:7, Brian [z] - 44:6, 59:20 59:13, 61:11, 62:20, center [1 ] - 92:10 Attorney (3] - 31:14, 60:7, 66:5, 66:7, Bristol (ze] - 4:7, 4:15, 62:23, 63:1, 63:6, centers [l] - 55:7 47:4, 64:2 67:18, 73:20, 74:20, 14:21, 18:19,18:23, 63:9, 63:17, 64:1, Centex (sz] - 12:9, 16 65 12 64 9, : , :, attract [1] - 55:7 75:8, 76:12, 84:15, 21:21, 25:2, 27:7, 64: 12:20, 13:9, 14:6, attributed 11] - 57:3 92:23, 93:5, 94:2 37:10, 44:8, 50:10, 68:23, 69:16, 69:21, 15:2, 15:15, 15:23, audience [2] - 65:17, bear [21- 55:14, 77:1 50:16, 53:21, 54:21, 71:3, 71:7, 71:12, 16:2, 17:9.17:14, 83:22 beautiful [31- 51:7, 55:12, 57:7, 60:7, 73:22, 75:3, 75:16, 18:14, 18:24,19:18, automatically [1] - 72:9, 74:7 66:5, 66:7, 67:18, 76:3, 76:7, 77:24, 20:14, 20:22, 21:22, 3 83 23 82 9, : , :, 93:23 because.. 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54:3 85:1, 89:22, 90:21 25:19 blocks [1] - 53:22 3:8, 6:8, 7:23, 8:2, careful 11] - 36:4 45:13, 46:1, 48:23, Depo•Court Reporting Service (630) 983 -0030 99 54:20, 55:3, 66:7, city's [1] - 34:4 10:14, 13:11, 14:21, considerable 11] - 79:19, 79:22, 80:5, 67:9, 68:15, 70:11, clarified 11] - 28:18 18:8, 19:1, 19:2, 33:2 80:20, 81:14, 83:23, 71:8, 73:17, 73:20, clarify [41- 22:16, 20:24, 24:13, 26:11, consideration 121 - 86:20, 91:24 77:14, 77:20 27:17, 61:9, 68:23 26:19, 27:2, 45:9, 8:1, 47:14 Council's [11- 67:22 changed [4] - 7:19, classified [11- 28:18 45:17, 52:21, 57:23, considering [31- counsel [2] - 95:12 39:6, 40:6, 52:7 clear [4] - 33:24, 81:2, 81:22, 82:8, 20:22, 64:21, 64:22 counsel's 111 - 55:21 changes 1181 - 4:24, 59:23, 61:12 90:19, 91:7 92:21 considers [1] - 51:23 counted [11- 43:21 5:2, 7:12, 7:15, 8:10, clearly 11] - 47:3 companies [3] - 17:5, consistent [2] - 10:13, country 131 - 78:16, 11:19, 13:12, 31:7, Clerk [11- 2:15 25:24 10:17 78:18, 82:20 45:3, 49:1, 52:7, Clerk's [1] - 49:19 company [4] - 15:9, consists [21- 4:3, Countryside 11] - 59:1, 67:4, 69:3, client [61- 16:14,17:4, 26:1, 40:10, 59:10 12:14 30:21 73:23, 75:17, 76:21, 18:3, 31:5, 35:5, compete 11] - 43:14 construction 121- county [31- 20:7, 93:17 36 competition [21- 14:7, 73:7, 81:12 21:12, 27:24 changing [51- 44:9, client's 12] - 32:20, 40:8 consult [1] - 77:5 COUNTY [1] - 95:2 44:14, 45:12, 68:11, 33:3 competitive [2) - consumer 121 - 5:6, County [2] - 3:24, 82:18 clients 111- 35:22 26:22, 70:12 14:9 12:10 charged [11- 85:5 close [4] - 14:2, 50:18, complete (131 - 4:20, consumers [1 ] - 40:19 couple 171- 5:13, check [2] - 74:22 91:17, 94:8 4:22, 5:17,10:23, contact [11- 29:2 41:22, 50:15, 69:24, Chicagoland 11] - closed 111 - 37:4 13:18, 22:21, 22:23, contacted 11] - 77:16 80:13, 80:16, 82:12 39:23 closing [1] - 34:16 23:4, 64:17, 65:3, continue [l 1] - 3:9, course (11- 78:19 choice (1 ] - 40:17 clue [11- 72:14 86:14, 86:17, 95:8 13:14, 20:23, 23:7, court 111- 63:23 chose [1] - 20:17 CO's [1] - 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87:19 29:23, 68:2, 68:5 half (31- 53:18, 53:20, homeowners [7] - 68:4 forth [4] - 5:20, 9 garages [21- 28:6, 86:23 10:2, 24:23, 50:20, imagine [1] - 29:24 84:19, 85:14 30:4 Hall [1] - 49:19 52:10, 53:18, 77:4, immediately [21- 4:4, 1 forthcoming [5] - GARY - 2:3 91:2 [ ] hand [s] - 6:18, 6:19, 36:23 17:24, 36:8, 49:1, GASIOR (5] - 27:6, 48:20, 50:3, 95:19, Homes [sl - 3:21, impact [141- 9:18, 68:17 27:23, 29:5, 29:18, 96:2 3:22, 12:8,12:9, 13:8, 23:1, 35:13, forum 121 - 59:5, 76:18 30:1 handle [i] - 28:5 12:20, 84:1 39:13, 42:5, 42:8, forward [9] - 31:24, Gasior [11- 27:6 handled 11] - 54:23 homes [131- 7:18, 42:20, 42:22, 43:1, 33:14, 33:15, 34:14, general [31- 6:6, happy [4] - 50:4 20:23, 25:13, 44:1, 64:15, 75:12, 80:21, 39:3, 60:22, 62:12, , 80:2, 51:8, 52:8, 53:5, 25:11, 48:10 84:11, 91:24 86:20 67:22, 87:4 generally (31- 4:6, hard [zl - 21:13, 81:5 55:15, 55:16, 56:13, impacts [zl - 9:18, four 131- 40:14, 67:15, 47 :3 hauling [1] - 73:11 65:9, 68:9, 78:17 9.20 68:10 Homes' [2] - 6:10, generate [1] - 88:18 head [31- 60:15, 79:6 important [i] - 26:4 frame [1] - 59:24 6:18 generous Ill - 33:8 hear p I - 51:1 importantly p] - 35:8 Frances (i] - 6:23 honest (3) - 28:10, gentleman 141 - 21:19, heard [4] - 32:1, 34:8, improvement [tl - frankly [�] - 68:11 30:5, 30:11 27:8 59:21 89:8 5 31:16 43:17, 52:13 honestly 1 free (tl - 22:2 gentleman's [1] - 44:8 hearing 122] - 3:12, 72.15 improvements [s] - freeze (4] - 6:4, 21:23, hope [2] - 51:22, GEORGE [� I - 2:9 3:20, 3:21, 6:9, 6:14, 4:20, 6:1, 14:15, 22:7, 84:8 79:15 GILMORE 121 - 81:11, 12:7, 34:16, 35:9, 33:19, 34:3, 34:12, freezing (3] - 22:10, hopefully [2] - 40:12, 83:1 49:2, 66:17, 75:5, 51:19, 85:2 Depo•Court Reporting Service (630) 983 -0030 102 incentive [11- 57:1 inventory [3] - 13:5, 83:19, 88:24 86:15, 87:14, 87:18, lost [11- 92:13 incentives [11- 58:15 24:3, 24:21 kinds [2] - 28:5, 58:1 87:23, 88:1, 88:21, lower [21- 8:24, 85:12 inclement [1] - 5:17 Irregardless [i j - knowledge [21- 57:5, 88:24, 89:3, 89:6, lowered [1) - 23:7 include [1] - 90:8 58:13 76:10 89:12, 90:2, 90:10, lure [2) - 57:11, 57:12 included [31- 85:4, issue [9] - 17:13, 28:1, known [1] - 30:22 90:17, 91:1, 91:4, 85:16, 90:22 28:2, 61:15, 64:3, knows [1] - 71:7 91:12 M including [11- 59:12 70:12, 83:7, 86:13, Kryst[ [1] - 9:16 Lieschinger [11- inclusive [1] - 95:8 87:3 87:23 ma'am [1 1 , 2 18:11, 199:: 10, incomplete [1] - 19:4 issued [4] - 5:16, L lieu [2] - 16:23, 60:1 27:21, 50:7, 500:8, : 8 , LA [1 95:2 incorrgct [31- 59:22, 85:23, 88:6, 88:10 life [21- 50:17, 51:18 1- 64:13, 71:12, 83:24, 61:17, 66:23 issues [s] - 16:9, likely [1] - 66:7 increase 151 - 10:3, 17:12, 58:2, 58:9, l acom (11- 30:22 limit [i] - 15:22 84:13, 92:16 lady [11- 38:8 Ma'am [21- 11:9, 40:12, 42:20, 43:18, 64:8, 88:4 lin [1] - 16:16 item 5 Land [i) - 30:21 87:21 87:10 [ 1- 3:5, 6:2, line [sl - 13:2, 23:19, land 1271- 16:22, 17:3, 41:1, 53:7, 66:9, 30:18, 36:18 madame (31- 15:7, - increased [31- 21:9, 6:13, 12:8, 49:20 17:13, 32:6, 32:11, 42:8, 42:23 items (s) - 4:14, 5:13, 77:13 increases [11- 41:22 5:18, 15:11, 59:16, 32:15, 32:18, 32:21, line -up (2] - 13:2, 66:9 Madame [1) - 35:18 33:11, 33:13, 48:5, mail (11- 92:7 increasing [21- 9:9, 76:4 listed 111 - 3:3 48:8, 48:16, 49:3, main [zl - 43:18, 67:2 � 10:2 listen 11] - 80:15 55:20, 55:23, 56:5, maintain [s) - 26:14, incredibly [21- 53:9, J 60:5, 60:13, 62:9, listened [1] - 58:23 26:19, 86:18, 86:20, 53:20 JACQUELINE [i] - 63:4, 64:5, 64:7, listening [1] - 6:14 89:17 91:7 indefinitely [21- 3:6, literally [1] - 74:12 2:15 64:12, 65:22, 66:3 maintains pl - 28:23 91:20 litigation [5j - 36:5, James [i] - 15:8 landscaping [1) - 9:23 maintenance [2] - individual 121- 19:20, 36:22, 37:1, 63:10, Jessica [11- 50:9 large [21- 13:10, 23:1 9:24, 26:22 77 :6 Jim [11- 77:11 last [41- 6:2, 27:15, 83.8 major [31- 83:11, industry [21- 5:1, 13:8 Joe [11- 65:19 35:20, 79:17 live (io) - 18:19, 18:22, 83:15, 83:18 information [251- , 20:1 46:9, 51:17, JOE [11- 2:4 lastly [i] - 34:15 majority (11- 59:10 3:13, 8:16,10:10, JOHNSON [91- 78:3, latitude [1) - 44:16 79:3, 84:14, 91:7, man [1] - 73:6 16:10,16:15 16:17, 92:19 92:5, 92:16, 92:20, latter [1) - 40:20 manage p] - 26:13 16:19, 17:11, 17:18, 93:10, 93:16, 93:18, law [3] - 28:24, 30:13, lived [1] - 84:4 managed [1] - 10:16 17:19, 17:23, 31:6, lives (11- 79:1 • 93:24, 94:3 30:19 manager 121 - 30:9, 33:16, 33:17, , 34:19, Johnson [21- 78:3 lawn (il - 26:22 living [21- 25:10, 70:6 73:7 35:6, 35:10, 36:7, load p] - 68:2 45:1, 55:6, 65:3, 92.6 lawsuits [1] - 50:2 loan [�) - 29:9 managers [11- 26:20 65:15, 66:20, 66:23, JR 11] - 2.9 lawyer (1) - 35:19 mandated p] - 88:8 July [11- 96:2 lawyers [i) - 44:23 loans p) - 14:4 manner 131- 13:5, 68:19 local [21- 23:22, 77:12 June [s] - 1:15, 42:22, least [al - 16:3, 16:6, 62:10, 77:20 infrastructure (4) - located [31- 4:4, 47:8, 47:14, 65:2 18:6, 21:16, 32:5, map [11- 45:16 11:21, 34:3, 86:13, 12:15, 12:24 90:14 justification [11- 43:24, 58:3, 58:10 Mark [11- 78:3 42:22 leave [21- 9:3, 15:15 lock [s] - 6:5, 14:12, mark [21- 23:10, input [1] - 58:22 41:17, 42:10, 69:1, instance [z] - 41:17, leaves (�) - 15:23 23:12 70:9 88:6 K Lee 111 - 9:12 market [3z1- 5:5, left [1) - 58:1 lock -in [1] - 42:10 10:18, 10:23,13:6, instead 11) - 34:16 Karen [21- 87:23, 88:2 locked [1] - 43:3 instituted [1] - 14:3 KATHLEEN [11- 2:18 legal [31- 36:14, longitude [1] - 44:16 20:23, 22:24, 23:3, intelligent [11- 17:18 keep [111 - 21:24, 46:11, 63:16 23:4, 24:6, 24:12, 9 p look1i31- 20:3, 28:16, intelligently [i) - 24:10, 24:17, 38:24, lending [21 44:20, 38:13, 39:4, 39:11, 9 Y 32:19, 37:17, 44:10, 16:11 41:10, 43:8, 63:18, 47:2 39:19, 40:18, 41:14, 45:3, 45:10, 45:17, intense) 111 - 13:22 63:20, 79:14, 80:14, less [121- 23:19, 44:9, 52:24, 55:14, Y 58:6, 74:21, 78:13, intention [1] - 12:23 80:23 23:20, 23:21, 37:24, 82:2 82:7 57:11, 57:18, 57:20, z - 18:2, keeping [21- 76:5, 39:11, 39:16, 52:20, 67:9, 68:7, 8, 7 interested 6 [ ] looked [sl - 72:9, 54:2, 55:12, 55:16, 76:17, 76:18, 76:22, 95:15 83:4 72:18, 73:3, 73:4, interim [11- 56:23 keeps [1) - 24:16 61:7 77:1, 77:6, 77:9 letter [51- 5:24, 29:21, 74:3, 74:16 marketing 121 - 57:8, interpretation [i] - Kendall [2] - 3:24, looking (91- 4:14, 83:18 12:10 34:18, 92:7, 93:23 64:17 4:18, 5:1, 5:14, 5:22, interrogatories [1] - Kennedy [5] - 4:5, 7:2, letting [31- 55:5, 69:8, 30:4, 39:5, 70:8, marketplace 24:9 36:2 8:5, 8:20, 9:22 70:15 MARTY (ii - 2::5 5 70:17 interrupt [3) - 29:7, kept [11- 21:8 level [31- 7:20, 21:23, looks [5) - 21:5, 68:4, master [zl - 4:17, 47:16, 58:14 Kevin [i] - 30:18 22'7 70:5, 74:8, 78:10 20:12 kind [101- 36:1, 36:2, library [1] - 42:6 loo 1 29:11 math [1) - 33:1 • intersection [z) - p [ I - 33:19', 33:21 36:3, 45:8, 47:9, LIESCHINGER [221- matter (11- 1:14 ,loss 131- 37:13, 56:18, introducing [1] - 68:4 47:24, 50:11, 59:15, 84:14, 85:9, 85:20, 56:21 mAYOR [5] - 8:2, 85:24, 86:3, 86:10, 18:18, 56:6, 88:23, Depo•Court Reporting Service (630) 983 -0030 103 93:3 merging [1] - 89:1 58:17, 58:22, 60:3, needs [2] - 16:19, 45:3 0 Mayor [s] - 2:2, 15:7, microphone [i] - 15:6 60:6, 60:9, 60:12, negative [4] - 10:15, 30:18, 35:18, 36:18, middle p] - 36:22 61:10, 61:12, 61:18, 25:6, 52:16, 57:14 OWALLEY [3] - 21:20, 71:14 might (s] - 15:16, 61:19, 61:20, 61:24, negotiated [3] - 32:15, 22:12, 22:14 MAYOR [ios] - 3:2, 18:1, 28:5, 28:7, 62:2, 62:8, 62:19, 34:2, 36:11 O'Malley [1] - 21:21 3:8, 6:8, 7:23, 8:23, 28:8,85:10 65:19, 66:4, 69:15, neighborhood [13] - oasis [11- 82:10 9:3, 9:6, 9:10, 10:4, million [31- 22:5, 69:18, 70:23, 71:6, 45:21, 46:8, 46:11, object [3] - 16:17, 10:19, 11:2,11:9, 31:10, 31:11 71:11, 75:7, 75:20, 51:6, 51:16, 51:20, 31:5, 35:7 11:13, 12:2,12:5, MILSCHEWSKI [1] - 76:6, 76:9, 77:11, 52:7, 52:19, 53:3, obligated (4] - 17:14, 14:22, 15:1, 15:5, 2;15 78:3,81:11, 83:1, 53:9, 53:14, 53:18 32:5, 32:6, 33:13 18:4, 18:9, 18:15, mind (4] - 49:24, 83:17,87:13,89:10, neighborhoods [1] - obligation (4) - 34:7, 18:20, 19:8, 19:11, 59:24, 79:14, 80:23 89:13, 90:4, 90:13, 67 61:14, 75:24, 76:4 19:15,21:3,22:9, minutes [1] - 71:17 90:23, 91:3, 92:5, neighbors [3] - 45:8, obligations [5) - 22:13, 22:15, 23:23, Miss (11- 71:14 92:16, 92:20, 92:22, 71:23, 74:10 33:15, 33:19, 34:11, 27:4, 27:21, 27:24, misspeak [1] - 86:23 93:4, 93:17, 93:18, never (41- 53:24, 76:8, 76:11 28:4, 30:15, 35:16, mistakes p] - 73:13 93:19, 93:22, 94:1, 71:22, 73:24, 74:1 obviously (9) - 20:5, 36:19,37:5,38:10, mix p] - 5:2 94:3 new [13] - 22:5, 38:15, 20:23, 23:1, 29:22, 41:16, 43:8, 46:14, MS [s1] - 2:2, 2:7, 34:24, 35:6, 40:5, mm -hum p] - 7:23 43:22, 43:24, 45:18, � 47:22, 48:18, 49:9, 2:18, 6:23, 7:24, 55:7, 55:8 models (z] - 45:5, 57:18, 65:9, 68:3, 49:12, 49:22, 54:8, 45:20 8:22, 11:4, 11:12, 71:21, 72:5,83:61 occupancy [i] - 5:15 56:9, 57:8, 57:10, modification [1] - 18:13, 18:17, 18:19, 88 occur[] - 11:20 57:17, 58:16,58:21, 71:15 18:22, 19:10, 19:14, newspaper [1] - 93:2 odd [1) - 84:23 59:13, 61:11, 62:20, 24:1, 27:6, 27:23, OF [4] - 1:7, 1:13, modifications (3) - next [7] - 6:9, 12:8, 62:23, 63:1, 63:6, 69:19, 73:19, 94:2 28:2, 29:5, 29:18, 33:16, 49:14,80:16, 95:1, 95:2 63:9,63:17,64:1, money (151- 22:3, 30:1, 36:18, 36:20, 82:4,91:19 offense [1] - 47:4 64:9, 64:12, 65:16, 32:18, 33:3, 33:10, 38:24, 42:16, 46:16, nice [1 ] - 46:11 offer [4] - 13:3,13:15, 68:23, 69:16, 69:21, 48:24, 49:11, 50:9, 14:8, 59:24 39:16, 59:17, 68:14, nickels [�] - 34:10 71:3, 71:7, 71:12, 70:11, 77:17, 80:10, 64:7, 64:10, 71:13, night [4] - 72:1, 72:19, offering [31- 40:11, 73:22, 75:3, 75:16, 822 82:3 83:7 73:24, 83:13, 84:3, 74:1, 78:10 45:4, 66:6 76:3, 76:7, 77:24, 8818 84:14, 85:9, 85:20, nobody [51- 27:17, offerings [1] - 13:3 81:9, 82:23, 83:3, moneys (t] - 32:2 85:24, 86:3, 86:10, 72;14, 74:1, 80:1, office [z] - 49:19, 83:14, 83:19, 84:12, months [1 ] - 68:11 86:12, 86:15, 86:16, 80:14 82;18 85:6, 85:19, 85:22, mortgage p - 44:19 87:12, 87:14, 87:17, none 131 - 11:24, 57:6, officially [1] - 89:17 86:1, 86:8, 87:9, 87:18, 87:23, 88:1, okayed p] - 7:16 most [io] - 10:22, 72:19 87:21, 87:24, 88:2, 88:21, 88:24, 89:3, OLSON l�s] - 2:13, 89:2, 89:5, 89:8, 16:9, 17:16, 18:2, 89:6, 89:12, 90:2, normall y [i] - 60:1 76:4, 78:19, 79:10, north po] - 4:4, 4:5, 3:7, 41:20, 42:18, 92:19, 93:7, 93:12, 91:13, 91:16, 3:12, 91:4, 911:12 79:15, 79:19, 93:8 90:10, : 1 2 91:1, 7:2, 8:5, 8:20,12:16, 46:18, 47:20, 48:1, mostly [21- 7:12, 20:7 15:2, 60:19, 73:12, 48:4, 49:16, 61:10, 93:21, 94:4, 94:8 move (71- 12:8, 13:41 multiple [1]- 13:3 89:14 61:12, 61:19, 61:24, McHugh [1] - 4:6 16:22, 43:23, 82:12, noted [�) - 26:5 municipal [11- 42:20 83:17, 92:22, 93:4 mean 19] - 16:3, 19:6, 83:24, 88:15 municipality [1] - 77:4 notes p] - 95:9 on -site [21- 29:3 22:3, 35:1, 49:23, moved [1] - 84:10 MUNNS [i] - 2:5 nothing [7] - 8:22, once [8] - 4:23, 27:18, 57:13, 69:13, 86:22, 29:12, 45:18, 48:21, -_- 94:5 moving (71- 4:22, 50:18, 58:7, 59:5, 33:15, 34:14, 43:20, N 67:13, 71:8, 82:6 69:10, 81:20, 82:3 means p - 53:10 one 152] - 3:4, 3:14, meet [�1- 40:18 43:22, 62:12, 87:4 name [17] - 4:12, 6:21, notice [5] - 68:13, MR [99] - 2:3, 2:4, 2:8, 7:14, 15:8, 18:15, 73:16, 92:22, 93:5, 6:23, 9:16,11:11, MEETING [11- 1:6 11:24,18:2, 18:7, meeting [61- 1:13, 2:13, 3:7, 4:11, 8:4, 21:20, 30:18, 37:8, 93:13 9:2, 9:5, 9:7, 9:12, 44:6, 50:9, 65:19, notices [21- 15:20, 18:8, 19:20, 20:8, 36:24, 46:20, 71:18, 10:6, 10:21, 11:14, 77:11, 81:11, 84:3, 93:1 24:5, 25:10, 25:12, 71:20, 3 - 74:16, 12:21, 14:24, 15:4, 87:22, 92:4, 92:5 notified [i] - 71:21 27:24, 29:12, 30:3, 30:12, 377:11, :1 meetings s [ [3] 1, 15:7, 18:6, 19:16, narrates 111- 47:10 notify [1] - 93:19 111- 21:20, 22:12, 22:14, nationwide [1] - 80:19 nowadays [i] - 26:16 38:11, 39:7, 39:20, member [ z] - 15:1 8, 22;18, 25:17, 28:7, necessarily (4] - 45:6, number [131- 15:11, 41:16, 42:24, 44:3, members [ 3 35:1 29;16, 29:19, 30:3, 45:14, 45:19, 45:20 16:11, 35:23, 39:7, 44:20, 45:18, :5 , 41:17 47:7, 47:8, 51:5, 30:17, 35:17, 37:8, need 11 1] - 16:15, 39:9, 39:19, 39:21, memos [7] - 47:7 38:17, 38:21, 38:23, 27:2, 28:16, 34:19, 51:4, 51:16, 55:15, 51:16, 60:12, 60:21, men [�] - 72:15 63:10, 72:24, 76:15, 39:2, 41:20, 42:18, 40:22, 40:24, 41:12, 59:11, 76:15, 76:16 mention (�] - 33:4 77:13, 78:7, 79:6, 46:18, 47:20, 48:1, 43:24, 44:10, 65:8, numbers [i] - 16:12 mentioned (41- 27:8, 48:2, 48:4, 49:16, 66:24 numerous [31- 26:2, 81:15, 81:22, 82:21, 32:10, 59:21, 60:15 54:12, 54:15, 56:20, needed [z] - 83:7, 39:22 66:13 86:23, 88:11, 92:15, , merger 131 - 14:6, 93:2, 93:5 57:9, 57:15, 58:13, 91:4 25:23, 40:5 one -page [1] - 47:2 Depo•Court Reporting Service (630) 983 -0030 104 ones Ill - 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[tl - 75:6 operate [41- 21:2, owned [41- 19:17, 61:21, 62:1, 62:10, percent [z] - 21:10, Pledge [l1- 3:1 26:1, 26:3, 26:13 23:2, 64:5, 65:23 85:2 24:8 PLOCHER (11 - 2:4 operated Ill - 20:13 owner [21- 15:9, 31:1 parks [131- 32:9, percentage [11- 21:10 podium [1] - 6:20 operations [21- 13:15, owners (51- 15:17, 32:13, 32:16, 56:2, performing Ill - 76:14 point [8] - 20:21, 39:24, 15:23, 16:1, 17:6, 60:10, 60:12, 60:18, period [21- 24:19, 25:19, 29:11, 50:12, opinion 121- 31:2, 18:1 60:19, 60:24, 61:2, 56:24 50:18, 54:20, 64:20, 31:14 ownership Ill - 26:18 61:4, 61:8, 61:15 permanently [1] - 84:16 opportunities Ill - owns [41- 6:24, 16:14, part [241- 9:17, 10:6, 23:16 points [21- 87:1, 87:5 13:16 28:6, 31:1 11:14, 14:16,14:21, permit [s] - 22:14, police (1) - 42:6 opportunity [51- 11:7, 15:10,19:19, 20:8, 23:11, 41:21, 42:4, pond (t1- 9:24 16:4, 36:9, 49:7, P 28:13, 35:24, 46:5, 43:2, 90:5 pools Ill- 41:22 55:10 46:9, 51:11, 51:15, permits [61- 23:18, portion 131- 31:11, opposed [31- 37:17, pace Ii 0 p•m [�l l - 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5:3, 7:16, 32:14, 42:1, 42:5, 43:22, piece [2] - 86:6, 89:20 31:15 46:5, 55:13, 62:3 90:5, 90:8 54:17, 56:24, 57:2, PALLARDY (5�1- pieces [zl - 46:3, 46:4 present (41- 10:24, ORR I161- 2:18, 4:11, 8:4, 9:2, 9:5, 61:2, 61:5, 63:14, PIERCE Ill - 9:12 50:4, 69:8, 77:5 19:14, 28:2, 36:18, 65:9, 80:10, 85:13, Pierce (l1- 9:13 presentation 36:20, 42:16, 46:16, 9:7, 10:6, 85:18, 88:13, 88:19, p ( 1 11:14, 12:2211, 14 pipes (11- 90:14 54:16 48:24, 49:11, 64:7, 14 :24, 89:15, 89:24, 90:15 lace tat - 8:12, 11:16, 19:16, 22:18, 25:17, p presented It1- 51:6 64:10, 83:13, 86:12, paying [171- 20:2, 42:2, 43:3, 56:22, 28:7, 29:16 29:19, president [t1- 9:13 - 86:16, 87:12, 87:17 30:3, 38:17, , 38:23, 20:14, 27:19, 53:19, 56:23, 78:16, 95:10 pretense [l1- 82:15 Orr [t] - 47:4 55:24, 58:18, 60:5, laced 111- 5:24 39:2, 54:12, 54:15, P pretty [31- 21:8, Oscar 111- 37:9 56:20, 57:9, 57:15, 61:6, 84:20, 84:21, places [21- 79:7, 80:2 86:5, 86:6, 87:20, 49:23, 82:16 ought [i1- 81:24 58:13, 58:17, 58:22, plan Ili] - 4:17, 48:5, previous [21- 9:15, 60:3, 60:6, 60:9, ourselves 121- 40:23, 89:6, 89:7, 90:21, 48:8, 48:16, 49:3, 69:19 67:1 90:23 60:12, 61:18, 61:20, 49:5, 51:7, 55:3, price [co] - 37:22, outcome [ll - 95:15 62:2, 62:8, 62:19, payment 15] - 32:2, 55:5, 80:7 38:3, 38:5, 50:24, outs (l1- 81:19 0:22, 50:23, 55:21, 5 66:4, 69:15, 69:18, 62:11 Planned Izl - 4:2, 52:20, 57:4, 58:18, outside Ill- 91:8 70:23, 71:6, 71:11, 12:12 68:1, 76:19, 85:12 overall [21- 11:17, 76:6, 76:9, 87:13, payments 131 - 19:23, planned [1] - 78:9 19:24 89:24 priced I1] - 76:24 , 86:1 89:10, 89:13, 90:4, planning (21- 69:23, prices (41- 23:8, overflowing Ill - 90:13, 90:23, 91:3, pending [11- 66:12 70:20 40:14, 43:12, 53:1 84:19 people [281- 6:24, 91:6, 93:17, 93:19, plans [15] - 5:8, 39:3, pricing [21- 76:20, overlap [ll - 14:5 93:22, 94:1 13:16, 15:18, 16:20, 59:3, 62:18, 69:7, 76:21 overview (i1- 38:15 Pallard - 4:13, 17:5, 18:12, 21:14, 69:9, 69:10, 69:19, Y [ z ] primarily Ill - 72:2 ` owe [2] - 79:1, 79:2 7:13 26:17, 29:24, 37:5, 70:4, 70:19, 70:24, own [231 - 20:2, 20:20, papers I11 - 79:21 39:5, 43:20, 43:22, print I�1- 7: 7 71:5, 72:8, 72:19, pro [�1- 87:7 52:3, 57:11, 58:7 27:9, L7:12, 27:13, , paperwork (l1- 5:21 78 :4 proactive [11- 68:17 73:14, 73:15, 74:19, Depo•Court Reporting Service (630) 983 -0030 105 i problem [4] - 29:8, proposing [41- 41:9, 91:14, 91:17, 92:1 recommendation [1] - representatives [21- 54:13, 74:8, 74:10 67:9, 67:18, 69:2 quick [1] - 59:20 78:11 34:20, 35:11 problems [1] - 58:9 provide [11] - 10:8, quicker 11] - 13:5 record [51- 6:22, 26:5, represented [1] - procedure [1] - 49:5 31:23, 32:6, 61:14, quickly [1] - 82:3 37:2, 92:1, 92:4 59:22 proceedings 141 - 62:4, 63:1, 63:4, quid [1] - 87:7 recorded [11- 62:9 represents (1) - 39:18 25:21, 31:20, 94:13, 66:19, 76:18, 76:23, quite [2] - 44:24, red [1] - 53:7 reproduced [1] - 95:5 77:3 54:10 redevelop [1] - 19:1 95:20 PROCEEDINGS 11] - provided (21- 65:13, quo [1] - 87:7 Redevelopment [1] - request [12] - 6:7, 1:13 65:14 15:9 6:11, 6:18,11:15, Proceedings [1] - providing [21- 8:16, R redirected [1] - 57:4 11:24, 46:10, 48:5, 95:7 58:14 radium [1] - 88:7 redistributed (1) - 54:18, 54:19, 69:18, process [31- 5:21, public [32] - 3:2, 3:12, 57:3 75:8, 91:21 - rains (�] - 7:9 36:1, 69:22 3:20, 3:21, 4:20, reduce 111- 26:21 requested 121- 6:3, produced 3 47:7, 5:11, 6:1, 6:9, 6:13, raise 141- 6:18, 8:24, p [ 1- reduced [1] - 23:16 31:7 raised 47:8, 47:9 12:7, 26:5, 31:17, 2 43:12 rad [�] - 74:14 reducing [1] - 26:20 requesting [13] - 3:24, product 1181- 5:2, 5:7, 34:16, 35:9, 42:6, reduction (2] - 9:21, 4:10, 6:2, 8:9,12:11, 8:7, 8:19, 9:8, 13:1, 49:1, 59:4, 63:21, raising [1] - 87:5 � 11:20 13:20, 14:11, 36:23, 13:3, 13:23,13:24, 65:12, 66:17, 68:13, rapid [ ] " 80.7 references [1] - 48:7 46:1, 47:23, 48:10, 14:5, 40:11, 59:14, 71:20, 75:5, 76:18, rate [4] - 21:8, 24:11, referred (1] - 49:3 75:9, 86:19 66:6, 68:1, 68:3, 84:2, 85:2, 91:17, 43:18, 87:10 rates referring [1] - 38:24 requests [21- 8:6, � I 75:18, 76:23, 76:24 92:8, 94:9, 94:14 (] " 44:3 regarding 171- 7:6, 8:16 products [41- 8:14, public) 63:11 rather [2] - 47:14, 19:22, 25:23, 26:10, q [ 1 85:15 P Y [ ] - require � - 13:16, 14:8, 45:4 published [2] - 3:9, 80:22 required [2] - 60:13, Rath 55:18, 56:11, 84:16 profits 'p] - 10:3 93:2 je [11- 30:19 p regards [3] - 8:4, 8:10, 93:19 program [1] - 71:20 PUD [21- 15:17, 15:21 ratified [1] - 22:20 77:21 requirements [4] - project (21- 86:2, 88:5 pull 141 - 23:19, 59:10, RATOS [1] - 77:11 regional [1] - 77:14 14:15, 26:14, 61:21, projected [1] - 88:14 79:5 Ratos [1] - 77:11 regular [1] - 53:3 76:15 � promised [3] - 45:9, pulling pi - 24:18 reacted [ ] " 58:23 reimbursable [1] - requires [1] - 55:19 52:4, 84:24 Pulte (37] - 3:20, 3:22, read [3] - 16:12, 90:16 rescinded [1] - 54:18 properly [3] - 10:16, 4:9, 4:12, 6:10, 6:17, 16:24, 35:2 research a - 7:1, 7:13, 10:3, 11:7, reading [1] - 79:21 reins [ t - 24:18 [ ] 56 34:20, 35:10 reiterate 11] - 66:10 10:23, 64:18, 68:8 11:15, 12:8, 13:9, real [12] - 4:3, 11:5, rejection (11- 17:19 g [ ] properties [a] - 25:8, researching � - 8:14 31:17, 40:8, 44:23 13:10, 21:22, 23:5, 12:14, 21:16, 22:11, relate [1] - 15:20 Reserve 151 - 88:16, Properties (21- 3:5, 25:5, 26:2, 27:8, 23:2, 23:21, 24:2, related [5] - 10:1, • 91:22, 92:24, 94:6 91:20 28:1, 29:5, 29:12, 24:9, 28:14, 28:22, residence [1] - 44:7 30:6, 35:20, 37:20, 38:13 S 95:12, 95:13 property [52] - 4:3, released [1] - 33:9 resident 181 - 21:21, 6:24, 7:7, 7:22, 8:5, 37:21, 39:9, 45:2, realigned [1] - 53:1 remember [21- 42:23, 27:7, 27:10, 27:12, 12:14, 14:19,15:2. 54:9, 54:17, 56:16, reality (31- 40:17, 53:13 50:10, 50:17, 75:7, 15:9, 15:10,15:16, 58:2, 64:22, 78:15, 41:4, 41:14 remind (1] - 38:18 77:12 16:14,17:6, 18:1, 78:17, 78:23, 78:24 really [141- 27:11, ' 1 removal [1] - 26:21 resident's (11- 88:12 19:3, 19:6,19:8, Pultes [ 1- 57:22 27:13, 28:16, 45:22, residents [11] - 6:9, 19:13, 19:17, 21:4, purchase [4] - 13:17, 50:12, 51:18, 56:11, remove [1] - 44:1 renditions [1] - 74:7 19:1, 23:21, 40:22, 25:9, 26:20, 27:9, 28:13, 38:5, 52:22 56:18, 63:9, 72:21, repaid (11- 16:16 55:4, 58:20, 59:12, 27:19, 28:14, 28:22, purchased [3] - 28:21, 74:15, 78:4, 79:18 64:24, 65:14, 72:3, 30:8, 31:1, 32:20, 37:9, 56:13 realtor [21- 77:4, 77:5 repairs [1] - 89:18 replacement 111 - 5:23 90:1 33:4, 33:5, 35:8, purchasers [1] - 56:18 reason [s] - 35:5, respond (3] - 35:17, 41:24, 43:11, 44:17, purchasing 111 - 55:23 39:7, 40:22, 41:12, replatting [21- 13:21, 67:17 36:21, 37:2 46:4, 62:13, 63:4, pushed [1] - 67:14 43:19, 52:17, 67:2, response [51- 12:4, 66:5, 72:17, 73:3, put [10] - 10:15, 57:19, 67:6 report [41- 1:13, 9:18, 10:9, 10:20 35:20, 64:16, 91:15, 73:4, 74:14, 75:13, 63:22, 73:9, 73:11, reasons [1] - 44:3 94:7 80:4, 83:8, 86:7, 74:11, 74:13, 85:14, recap (1) - 71:18 Report (1] - 95:7 reported (1] - 95:5 responsibility [21- 89:11, 93:14, 93:22 90:14, 92:11 recapturable (11- 91:9, 95:20 proposal [1] - 17:19 puts 11] - 63:12 31:15 Reporter [1] - 95:4 reposition (61- 5:6, responsible [4] - 17:2, re proposals [z] - 54:20, recapture [a] - 16:8, p 17:9, 34:3, 61:5 66:11 Q 16:12, 16:14, 31:10 13:1, 40:23, 41:12, 44:10, 67:1 rest 13] - 47:18, 51:18, quality (2] - 59:13, propose (51- 5:2, recaptures [11- 14:18 90:1 repositioning [21- 13:13, 54:17, 59:1, 59:15 receive [1] - 15:20 r 10:6, 11:1 restate (1] - 87:21 69:12 received 15] - 36:9, proposed [7] - 8.20, questions (13] - 6:15, 92:7 92:22 93:4 represent(41- 15:8, restrictions [1] - 11:3, 12:3, 93:13 30:20, 30:24, 54:17 12:5, 26:15 22:19, 31:3, 55:13, � 15:2, 25:18, 36:1, representation [11- result [1] - 76:22 55:15, 56:24, 60:9 37:6, 50:7, 78:1, receiving [1] - 32:23 resulting [1] - 36:13 55:22 Depo•Court Reporting Service (630) 983 -0030 106 results [1] - 76:18 SALLE [1] - 95:2 share 131 - 20:18, someplace [21- Standard (z] - 15:8, retail [1] - 41:3 sanitary [1] - 90:12 21:6, 69:10 73:10, 73:11 33:4 retention [11- 9:24 Saratoga [2] - 92:6, shared [11- 17:24 sometimes [1] - 5:16 standards [1] - 59:17 revenue [4] - 23:20, 92:20 shareholders [11- somewhere [1] - standing [1] - 86:18 80:24, 88:12, 88:18 save [1] - 59:17 79:2 53:15 stands [11- 47:11 reversed [1] - 27:16 saved [1] - 50:21 sheet [41- 11:10, soon [3] - 10:19, start 12] - 60:17, 70:1 review [41- 66:16, saw [61- 56:14, 58:2, 19:12, 44:20 67:15, 70:24 started [21- 57:11, 66:17, 69:10, 71:1 58:3, 58:10, 72:10, shift [1] - 40:17 sorry [9] - 7:14, 18:11, 68:2 reviewed [21- 36:11, 74:2 short [4] - 25:1, 26:12, 18:18, 18:20, 29:6, starting [3] - 10:24, 69:20 SCHARENBERG [3] - 43:13, 88:14 47:16, 58:13, 68:20, 40:15, 63:10 revisions [1] - 14:2 11:4,11:12, 24:1 shortfall [4] - 11:19, 78:22 State 11] - 30:21 RI [81- 3:4, 3:18, Scharenberg [21- 20:10, 20:13, 20:14 sort [1] 75:20 state [7] - 6:21, 18:15, 91:19, 91:21, 92:3, 11:4, 24:1 Shorthand [1] - 95:4 sought[]] - 36:9 31:15, 31:16, 75:11, 92:15, 92:24, 94:6 scheme [1] - 82:4 shorthand [21- 95:5, sounds [1] - 82:21 88:8, 92:4 Ridge ti - 4:7 school [2] - 21:11, 95:9 source [1] - 88:13 STATE [1] - 95:1 right -of -way p] - 42:7 show (3] - 70:19, 74:6, south [201 - 4:5, 9:21, statement p] - 19:6 31:17 schools [1] - 80:11 74:21 12:16, 14:20, 15:10, statements [1] - 37:3 rise [1] - 23:7 second [3] - 7:13, showed (21- 72:10, 16:20, 16:23, 17:5, states [11- 75:12 risk [1] - 63:12 35:17, 52:12 82:17 17:12, 31:1, 32:2, States [1] - 82:11 Road [23) - 1:16, 4:5, secondly [1] - 16:8 shows 11] - 67:16 32:7, 32:11, 46:3, status [1] - 37:1 4:6, 4:7, 7:2, 8:5, sections [2] - 4:19, side [4] - 33:6, 63:10, 51:12, 51:13, 55:18, statute [11- 31:16 8:20, 12:16,12:17, 45:20 68:2, 81:17 56:2, 62:13, 73:12 stay [1] - 59:14 14:20, 15:3,15:10, Securities [1] - 25:22 sides (11- 36:15 space [2] - 32:13, staying [2] - 56:22, 16:21, 16:23,17:6, see [29] - 6:19, 7:20, sign [101- 11:9, 11:13, 32:17 58:4 17:12, 31:2, 32:3, 8:15, 8:18, 9:9, 9:16, 18:16,19:11, 27:21, speaker[]] - 35:20 steadfast(]] - 13:11 32:7, 33:20, 56:3, 10:17, 11:10,18:11, 54:8, 56:14, 75:1, SPEARS [51- 2:6, sticking 111 - 78:20 60:20, 62:13 44:22, 45:12, 45:18, 87:24, 92:4 56:8, 56:10, 64:14, still [10] - 7:8, 7:11, road [21- 61:16, 70:20 48:11, 48:17, 49:7, signed [3] - 15:19, 65:7 33:13, 46:6, 52:4, roadway [1] - 34:11 50:1, 51:19, 52:3, 32:21, 95:18 specific [3] - 5:8, 48:6, 66:14, 69:16, 75:5, roadways [1 ] - 34:4 53:5, 57:20, 57:22, significant [1] - 13:23 49:4 84:1, 84:9 Robert (1] - 21:20 70:4, 70:5, 70:22, signs [1] - 53:6 specifically 12] - 23:5, stimulate [11- 23:17 ROBYN [11- 2:7 72:20, 73:21, 75:14, similar [2] - 13:13, 88:20 stood (1] - 66:20 rooftops [1] - 41:5 78:17, 81:24 47:12 specificity [1] - 37:3 storm (1] - 89:21 room [1] - 23:2 seeing [1] - 53:2 simply (z] - 39:17, specified [1] - 90:7 street [2] - 51:12, 84:9 roots (1] - 79:6 seek [21- 4:20, 36:17 82:12 spending [1] - 26:24 structure [2] - 10:13, ROSE pI - 2:6 sees [1] - 46:19 single [13] - 7:18, 8:7, spent [1] - 68:14 45:24 roughly 12] - 32:12, selected [1] - 3:3 24:4, 44:7, 45:11, sports [11- 92:10 stuck (11- 69:16 32:20 sell [13] - 20:23, 24:4, 48:12, 50:16, 52:17, SS (1] - 95:1 studs 11] - 29:1 Route [5] - 4:5, 12:15, 24:7, 25:13, 38:14, 52:22, 66:8, 66:9, SSA [421- 11:16, study [5] - 75:9, 14:16, 33:20, 53:4 39:11, 40:16, 41:1, 66:21, 68:9 11:18, 12:1, 19:23, 76:16, 77:2, 77:6, run (4) - 7:9, 41:6, 52:8, 53:10, 53:11, single - family [1] - 20:8, 25:14, 52:12, 81:5 52:13, 70:9 53:24, 55:12 7:18 52:14, 52:15, 52:19, stuff [2] - 64:13, 92:11 run- around [1] - 52:13 selling f41- 13:15, site [6] - 29:3, 55:18, 53:2, 53:6, 53:8, stumped [11- 28:7 run -off (1] - 7:9 39:15, 40:14, 59:14 61:15, 62:1, 62:10 53:19, 53:23, 54:3, sub [11- 20:13 running [11- 41:10 send [1] - 93:1 sitting [21- 82:8, 54:17, 54:21, 54:23, sub - associations [11- runs [11- 6:9 Seneca [1] - 92:5 93:10 56:12, 56:14, 56:15, 20:13 rush [41- 49:9, 65:8, sense [11- 87:8 situation [4] - 7:4, 56:16, 56:21, 56:22, subdivide [1] - 4:18 79:21, 80:12 separate [4] - 20:8, 26:6, 26:8, 67:20 56:24, 58:18, 84:16, subdivision [6] - rushed [2] - 65:1, 29:9, 47:6, 88:3 six [1] - 86:23 85:1, 85:8, 85:9, 20:17, 45:7, 65:20, 67:14 septic [1] - 72:4 size [11- 52:21 85:18, 86:8, 86:12, 66:18, 72:12, 92:24 rushing (1] - 65:10 serious [1] - 17:13 slash [11- 45:2 86:13, 87:3, 87:15, subject 131 - 5:10, rusty [11- 30:13 seriously [1] - 75:9 slide [1] - 80:13 89:10, 89:11, 89:24, 15:17, 42:10 services [1] - 84:8 slow [11- 69:22 90:7, 90:16 submarket [11- 40:23 SSA's [4] - 11:8, session [31- 12:7, small [z] - 8:10, 21:9 S 54:23, 57:5, 89:15 submit [2] - 5:9, 59:4 36:23, 37:4 smallerlll- 4:19 submitted [21- 5:10, 5 sale 1 , 8: 53:6, set [51- 4:16, 7:21, smart [1] - 79:16 staff [7] - 29:2, 36:12, 66:15 sales [1es [1 z] - 10 :16, [ 1] - 1 71:19, 76:20, 96:2 snow 26:21 41:16, 47:7, 49:23, 10 success 11] - 27:2 several [2] - 74:3, 85:3 so.. [31- 30:5, 47:21, 79:5 successful (2] - 21:2, 23:8, 23:22, 25:1, sewer 111 - 89:21 83:20 Staff [el - 5:20, 10:8, 41:11 26:12, 40:12, 43:13, sewers [2] - 84:18, sold [3] - 38:16, 39:12, 14:14, 16:24, 47:10, 55:7, 57:4, 57:17, successors [11- 58:18, 82:17 85:14 59 47:11, 66:16, 77:13 15:20 Depo•Court Reporting Service (630) 983 -0030 107 suddenly [41- 56:14, thinking Ill - 38:11 truck Ill- 22:6 57:20 village Ill- 14:17 65:1, 69:23, 82:10 third [21- 20:9, 60:21 true [41- 19:5, 35:12, unfortunately (31- violation [11- 76:13 suggest Ill - 34:17 thoughts Ill - 81:13 56:17, 95:8 21:15, 52:24, 71:21 Vitosh [21- 95:3, 96:6 suggesting [1] - 73:23 thousand [21- 61:1, truly [21- 34:22, 80:20 unhappy [11- 58:8 VITOSH Ill - 1:15 suing [1] - 35:22 62:1 Trust [11- 30:22 unique [11- 82:6 vote [is] - 8:1, 18:8, suit [21- 95:13, 95:14 three [81- 3:2, 27:17, truth (21- 44:19, 47:2 unit pi - 27:20, 37:10, 47:13, 48:16, 65:2, suited Ill- 39:4 47:1, 47:3, 60:19, try [9] - 24:4, 40:18, 37:22 65:4, 65:11, 67:13, sum [ii - 64:6 67:15, 67:17, 68:3 57:10, 57:11, 57:12, Unit [21- 4:2, 12:12 68:24, 69:6, 70:3, summary [31- 4:13, threw [21- 28:10, 67:6, 73:20, 76:2, UNITED (11- 1:7 71:1, 71:3, 71:9, 6:6, 44:21 29:10 78:22 United [61- 2:19, 3:23, 78:9 support [21- 23:22, throughout [21- 5:7, trying [81- 21:14, 12:10, 40:6, 59:8, voted 131- 16:5, 49:14, 31:7 81:21 25:13, 58:11, 58:12, 82:11 69:4 supposed [31- 32:12, throw (i1- 80:10 64:2, 81:4, 83:20, units Ill- 38:4 voting [31- 68:24, 88:15, 92:8 thrown Ill- 31:10 92:17 unless [21- 72:20, 69:6, 78:8 surrounding [i1- TIBERIO ill - 50:9 Tuesday Ill- 47:15 91:6 23:14 Tiber(o [i1- 50:10 turn [s] - 3:16, 20:17, unspecific Ill - 50:14 W SUTCLIFF Ill - 2:7 tightening Ill - 34:9 74:24, 80:16, 82:10 up (sit - 4:16, 6:19, wade [21- 49:17, 50:2 f swap [ii - 83:20 title [1] - 28:2 turned [1] - 48:12 7:5, 7:21, 13:2, 15:6, waiting (21- 4:21, today [201- 5:12, 6:5, two (401- 4:17, 13:3, 19:2, 21:5, 21:24, 30:15 T 8:8, 9:7, 25:24, 39:7, 19:22, 24:3, 24:7, 22:7, 23:9, 23:10, waiver Iil - 61:13 39:11, 39:16, 41:6, 25:18, 25:24, 32:9, 23:12, 24:10, 24:17, tab [�] - 19:2 waiving (l1- 34:13 i tabled [21- 3:6, 91:20 41:9, 41:15, 61:22, 35:3, 38:5, 38:8, 24:18, 30:8, 33:14, walked ill- 57:24 66:20, 67:24, 68:10, 39:9, 39:21, 40:8, 35:4, 37:17, 44:5, tandem h1- 68:3 WALLY 1 - 2:8 68:15, 77:9, 86:5, 44:23, 46:7, 47:6, 47:15, 47:17, 50:21, tap [81- 43: 85:15, 86:18 51:4, 53:12, 53:22, 51:2, 52:2, 54:1, wants [3] - 3:10, 36:3, I 88:12, 90:4, 90:8, 45:3 together [1 1- 89:1 60:20, 61:2, 61:14, 54:5, 56:14, 59:23, 90:11 Tom Ill - 81:11 67:17, 68:5, 68:6, 64:6, 66:9, 66:20, warranty [11- 40:1 target 111- 14:9 68:24, 69:6, 70:19, 70:10, 71:19, 73:4, watching Ill - 34:10 tax [141- 19:3, 19:22, tomorrow [31- 34:18, water [171- 7:10, 20:4, 21:4, 21:8, 40:15, 91:11 71:2, 71:17, 73:1, 73:24, 74:24, 75:1, 43:17, 43:23, 44:3, tonight [131- 3:10, 76:16, 78:13, 81:13, 80:2, 80:4, 80:6, 21:10, 23:21, 23:22, 81:19, 88:3, 88:22 83:24, 84:5, 84:16, 65:9, 72:2, 72:6, 24:17, 25:15, 29:9, 3:13, 3:17, 4:8, 6:12, 80:8, 84:18, 85:16, ' 80:24, 81:3, 84:22 12:22, 30:4, 34:16, Two 11I - 73:10 84:18, 85:17, 92:3, 87:9, 87:10, 87:12, 46:24, 67:12, 72:16, two-car (i1- 68:5 92:11 taxes [231 - 19:6, 19:8, 88 :7, 88 :9, 90 :9, 19:13, 19:16, 19:17, 78'5 78'8 twofold I11- 51:4 update [11- 37:1 80:11 20:5, 21:8, 21:9, took 111- 72:2 two -page [11- 47:6 upfront [31- 5:22, Waterman [ai - 3:5, 21:15, 21:17, 21:23, tool [1I - 57:10 type (21- 47:2, 57:17 8:13, 30:5 top 13] - 25:15, 40:10, types Ill - 45:5 upswing Ill - 79:20 3:18, 91:19, 91:21, 22:11, 24:10, 27:9, 60:15 typical I1I - 13:19 92:3, 92:15, 92:24, 27:14, 27:15, 27:17, total [21-11:17, 16:5 V 94:6 27:19, 29:14, 30:2, 1] 11:17, weather[21- 5:17, touch 1 41:2, 75:13, 85:5 U VA [i I - 14:4 80:18 taxing Ill - 21:12 towards Ill - 43:22 ultimately 171- 13:4, vacant [1I - 82:8 Webb [11- 26:3 tower (1I - 80:8 TCG's [11- 14:8 13:14, 13:17, 22:20, vacation I1I - 73:1 website I3I - 37:16, - - tears [11- 51:3 townhomes [31- 9:21, 55:11, 55:17, 59:7 VALERIE Ill - 2:2 46:19, 49:18 technical Ill - 72:21 45:10, 66:22 umbrella [3] - 13:10, valid 11I - 87:2 weeds (31- 58:1, TEELING [1I - 2:10 townhouse 121 - 66:8, 26:1, 37:20 value [91- 23:3, 23:13, 90:20, 91:10 temporarily [1] - 66 :9 unaware Ill - 15:23 24:9, 24:11, 24:12, week [3] - 47:18, 23:15 townhouses [1] - unbelievable [2] - 24:16, 25:14, 75:13 49:14, 79:21 temporary 121 - 5:15, 48'11 25:1, 50:3 values [2] - 25:8, 80:4 weekly (1I - 79:23 14:13 Township [1] - 21:21 unclear (11- 64:23 variance [1I - 61:21 weeks [9] - 41:22, ten (11- 7:21 trade Ill - 61:24 under [151- 6:13,13:9, VASQUEZ [10] - 68:24, 69:6, 69:24, term [51- 42:10, Trail [3] - 12:17, 33:22 22 :10, 26:1, 26:3, 18:13,18:17, 18:19, 70:19, 71:2, 73:1, 42:11, 42:13, 57:16, trailer ill - 73:7 31:15, 32:18, 41:24, 18:22,19:10, 37:8, 73:10, 78:13 83:17 trails [11- 51:9 61:13, 65:21, 76:14, 38:21, 38:24, 47:16, wells [1] - 72:5 terms [1] - 45:22 transcript [21- 95:9, 76:23; 82:15, 95:19, 48:2 WERDERICH [11- 2:8 testimony Ill - 96:1 9518 95:21 Vasquez [31- 18:17, west [21- 4:6, 12:16 therefore [21- 21:1, transfer 121 - 62:14, underneath [11- 18:22, 37:9 wetlands 111- 85:2 64:7 [ I Wheaton [1I - 30:20 62:14 76:11 verification 1 - 31:21 - 78:15 11 thereof [2] - 95:15, travel [ understood I1I - version I2I - 46:12 whereof [1I - 96:1 Treasurer I11- 2:14 whole [5] - 41:11, 95:18 58:20 versus 12I - 4:21, 53:3 they've [21- 36:8, treatment I11- 88:9 undertaken (1) - 5:4 Vicki [31- 11:4, 24:1, 71:19, 81:21, 82:20, 75:22 trouble (11- 63:13 unfortunate [11- 84:3 88:10 Depo•Court Reporting Service (630) 983 -0030 I 108 WIEWIORA m - 44:6 W[ewiora [1] - 44:7 wife [i] - 37:9 WILLIAM [1] - 2:14 willing [2] - 62:5,67:3 winter [1] - 5:16 wish [ti - 65:17 wonder[1] - 37:21 wonderful [71- 44:15, 44:16, 45:16, 48:3, 52:23, 80:19 wondering [i] - 7:3 Woods [i] - 78:9 Woodward [t] - 30:19 words [4] - 15:24, 17:7, 39:5,60:14 works [i] - 42:6 worth [5] - 38:9, 50:18, 54:1, 77:7, 77:8 wrath [11 - 58:20 write [1] - 34:18 writing [2] - 62:22, 87:6 written [1 ] - 47:3 Y year [e] - 7:9, 21:24, { 27:15, 50:22, 59:9, - 85:5 years [19] - 11:5, 22:2, 24:3,24:7,27:10, 27:17, 30:12, 35:23, 42:14, 42:17,42:18, 43:7, 53:12, 77:12, 80:14,80:17, 81:13, 85:3, 85:13 Years' [i] - 38:8 YORKVILLE [t] - 1:7 Yorkville [21] - 1:17, 2:20, 3:23, 8:12, 12:10, 12:17, 12:24, 23:6, 24:3, 24:5, 24:13, 40:7, 50:17, 51:20,53:16,59:9, 78:4, 81:2, 82:7, i 82:12,84:4 I Yorkville's [i ] - 21:6 yorkville.[I.us [1] - 46:20 yourself [1] - 22:5 t Z - ZDAN [i] - 65:19 Zdan [1] - 65:19 zoning [1] - 73:15 Zoning [i] - 7:17 Depo•Court Reporting Service (630) 983 -0030