City Council Packet 2007 06-12-07 United City of Yorkville
800 Game Farm Road
EST 7636 Yorkville, Illinois 60560
o Telephone: 630-553 -4350
Fax: 630-553-7575
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AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 PM
Tuesday, June 12, 2007
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Jason Leslie Gary Golinski Marty Munns Joe Besco
Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
i
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting:
Committee of the Whole
7:00 p.m., Wednesday, June 19, 2007
City Hail Conference Room
Economic Development Committee:
Committee of the Whole
7:00 p.m., Wednesday, June 19, 2007
City Hall Conference Room
Administration Committee Meeting:
Committee of the Whole
7:00 p.m., Tuesday, July 3, 2007
City Hall Conference Room
Public Safety Committee Meeting:
Committee of the Whole
7:00 p.m., Tuesday, July 3, 2007
City Hall Conference Room
City Council Meeting Agenda
June 12, 2007
Page 2
Presentations:
1 . Presentation of Check to Police Department for Defibrillator from Moose Lodge
2. Presentation to Maura Shannon - 4 t grader at Grande Reserve Elementary School - Park Naming Contest
Winner
Public Hearings: None
Citizen Comments:
Consent Agenda:
1 . ADM 2007-42 Monthly Treasurer's Report for April 2007
2. ADM 2007-39 Resolution Approving a Policy Regarding Minute Taker' s Hourly Wages - authorize Mayor
and City Clerk to execute
3 . ADM 2007-45 RFP Audit Results - award to Wolf& Company LLP as presented
4. PKBD 2007-08 Riemenschneider Park Play Equipment RFP Results — approve the purchase of play
equipment in an amount not to exceed $87,270. 00 as presented
5. PKBD 2007-09 Park Naming Request for Grande Reserve Park D - approve the name Stepping Stones
Park
6. PKBD 2007- 11 Resolution of Authorization to Apply for OSLAD Grant for Raintree Park B - authorize
Mayor and City Clerk to execute
7. COW 2007-03 Approval of Historical Street Names
a. Mary LaGow
b. Ton & Theresa Kager
Plan Commission / Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council — January 23, 2007, April 24, 2007, and May 8, 2007
Minutes of Committee of the Whole — None
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 347,827.25 (vendors — FY 06/07)
$ 2,218,399.85 (vendors — FY 07/08)
$ 236, 144.81 (payroll period ending 5/12/07)
$ 278,533.40 (payroll period ending 5/26/07)
$ 3,080,905 .31 (total)
City Council Meeting Agenda
June 12, 2007
Page 3
Reports:
Mayor's Report:
1 . Appointments to Boards and Commissions
City Council Report:
City Attorney's Report:
City Clerk's Report:
1 . CC 2007- 11 MFT Audit Report No. 58 for January 1 , 2006 — December 31 , 2006
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Director of Parks & Recreation Report:
Community Development Director Report:
Community Relations Officer:
Community & Liaison Report:
Committee Reports:
Public Works Committee Report:
1 . No Report.
Economic Development Committee Report:
1 . No Report.
Public Safety Committee Report:
1 . No Report.
Administration Committee Report:
1 . CC 2007- 12 Ordinance Amending City Code to Remove City Attorney Stipend
Additional Business:
Adjournment:
City Council Meeting Agenda
June 12, 2007
Page 4
COMMITTEES, MEMBERS AND RESPONSIBILITIES — FY 07/08
r------------------------------------- ..
OUBLIC WORKS!, - - -- - ----
=---------------------------------------
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Committee: Alderwoman Sutcliff Streets and Alleys YBSD
Committee: Alderman Leslie Sanitation and Waste
Committee: Alderman Plocher
---------------------------------------------
;ECONOMIC DEVELOPMENT;
_ ____°_______________-____________°_______°__°---------------------
Committee Departments Liaisons
Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce
Committee: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev.
Committee: Alderman Munns Plan Commission
Committee: Alderman Besco Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention &
Tourism Council
Downtown Re-development
--------------------------------------
;PUBLIC SAFETI -
-_________°__°__ :_.____ ____________ --------------------------------------------------------------------------------- ---------------------
Committee Departments Liaisons
Chairman: Alderwoman Spears Police Human Resource Comm.
Committee: Alderman Werderich Schools School District
Committee: Alderwoman Sutcliff Public Relations KenCom
Committee: Alderman Plocher
jADMINISTRATION ---- ----------------------------------------------------------
Committee Departments Liaisons
Chairman: Alderman Munns Finance Metra
Committee: Alderman Golinski Public Properties Library
Committee: Alderwoman Spears Personnel Cable Consortium
Committee: Alderman Werderich
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 PM
Tuesday, June 12, 2007
PRESENTATIONS:
1 . Presentation of Check to Police Department for Defibrillator from
Moose Lodge.
2. Presentation to Maura Shannon - 4th grader at Grande Reserve Elementary
School - Park Naming Contest Winner
PUBLIC HEARINGS:
1 . None
CITIZEN COMMENTS:
CONSENT AGENDA:
1 . ADM 2007-42 Monthly Treasurer's Report for April 2007
2. ADM 2007-39 Resolution Approving Policy Regarding Minute Taker's
Hourly Wages
3 . ADM 2007-45 RFP Audit Results
4. PKBD 2007-08 Riemenschnieder Park Play Equipment RFP Results
5. PKBD 2007-09 Park Naming Request for Grande Reserve Park D
6. PKBD 2007-11 Resolution of Authorization to Apply for OSLAD Grant
for Raintree Park B
7. COW 2007-03 Approval of Historical Street Names
a. Mary LaGow
b. Ton & Theresa Kager
Minutes for Approval (Corrections and Additions):
Minutes of City Council: January 23, 2007, April 24, 2007, and May 8, 2007
Minutes of Committee of the Whole: None
Bill Payments for approval:
$ 347,827.25 (vendors — FY 06/07)
$ 2,218,399.85 (vendors — FY 07/08)
$ 236, 144.81 (payroll period ending 4/28/07)
$ 278,533 .40 (payroll period ending 4/31/07)
$ 3,080,905.31 (total)
REPORTS:
Mayor's Report:
1 . Appointments to Boards and Commissions
City Clerk's Report:
1 . CC 2007- 11 MFT Audit Report No. 58 for January 1 , 2006 —
December 31 , 2006
COMMITTEE REPORTS:
Public Works Committee:
1 . No Report
Economic Development Committee:
1 . No Report
Public Safety Committee:
1 . No Report
Administration Committee:
1 . CC 2007-12 Ordinance Amending City Code to Remove City Attorney Stipend
Additional Business
Agenda Item Number
CA#1
Tracking Number
ADM 2007-42
This page serves as a placeholder for the draft document
Monthly Treasurer's Report for 2007,
which was included in the June 5, 2007 COW
packet, and was recommended for approval without
changes from said draft. Please contact the
Clerk's office at 630-553-4350 during normal business
hours if you would like to view the document, or please
use the City website to download the above listed packet.
Packets on the website are kept in their entirety for a
minimum of one month on the "Agendas" page,
http://www.yorkville.il.us/gov mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://wwwyourkville.il.us/gov mtgs minutes.cfm
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4 L City Administrator F1 Tracking Number
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City Council Agenda Item Summary Memo
Title: Minute Takers' Hourly Rate
City Council/COW Agenda Date: COW June 5, 2007 i W-LA &uv c. -�uvve
J
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: May 2007 Action Taken: Discussion
Item Number:
Type of Vote Required: Majority
Council Action Requested: Discussion, and move forward to June 12 CC meeting for vote
Submitted by: Bart.Olson Administration
Name Department
Agenda Item Notes:
I
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2007-
RESOLUTION
APPROVING A POLICY
FOR MINUTE TAKER'S HOURLY WAGES
WHEREAS, the City Council of the United City of Yorkville has considered and discussed
establishing a policy concerning minute taker's hourly wages, and
WHEREAS, the City Council has determined that it desires to establish such a policy, and
WHEREAS, the text of the policy the City Council now desires to establish concerning
minute taker's hourly wages is set forth on the attached Exhibit "A" which is incorporated
herein, and
NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of
those members of the City Council voting, the Minute Taker's Hourly Wage Policy is hereby
approved by the City Council of the United City of Yorkville in the form set forth on Exhibit
"A" attached hereto and incorporated herein.
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALTER WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this Day of A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this Day of A.D. 2007.
ATTEST:
CITY CLERK
i
EXHIBIT "A"
MINUTE TAKER'S HOURLY WAGE POLICY
Rate Structure (minutes completed and turned into the City Clerk after one week)
- $35.00 base rate for meetings
- $ 17.50 per hour after two hours
- $ 12.50 per hour for transcription (transcriptions hours are paid out at 2x hours of meeting)
Rate Structure (minutes completed and turned into the City Clerk before one week)
- $35.00 base rate for meetings
- $ 17.50 per hour after two hours
- $ 14.00 per hour for transcription (transcriptions hours are paid out at 2x hours of meeting)
Agenda Item Number
CA#3
Tracking Number
ADM 2007-45
This page serves as a placeholder for the draft document
RFP Audit Results,
which was included in the June S, 2007 COW
packet, and was recommended for approval without
changes from said draft. Please contact the
Clerk's office at 630-553-4350 during normal business
hours if you would like to view the document, or please
use the City website to download the above listed packet.
Packets on the website are kept in their entirety for a
minimum of one month on the "Agendas" page,
http://www.yorkville.il.us/ og v mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
Q
E6T`>, , 836
<I-E Dye
Agenda Item Number
CA#4
Tracking Number
PKBD 2007-08
it
This page serves as a placeholder for the draft document
Riemenschneider Park Play Equipment RFP Results,
which was included in the June S, 2007 COW
packet, and was recommended for approval without
changes from said draft. Please contact the
Clerk's office at 630-553-4350 during normal business
hours if you would like to view the document, or please
use the City website to download the above listed packet.
Packets on the website are kept in their entirety for a
minimum of one month on the "Agendas" page,
http://www.yorkville.il.us/gov mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
\,,�00 c`)�
EST. ,I- 1836
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Agenda Item Number
CA#5
Tracking Number
PKBD 2007-09
This page serves as a placeholder for the draft document
Park Naming Request for Grande Reserve Park D,
which was included in the June 5, 2007 COW
packet, and was recommended for approval without
changes from said draft. Please contact the
Clerk's office at 630-553-4350 during normal business
hours if you would like to view the document, or please
use the City website to download the above listed packet.
Packets on the website are kept in their entirety for a
minimum of one month on the "Agendas" page,
htlp://www.yorkville.il.us/ og v mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.ii.us/ og v mtgs minutes.cfm
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Agenda Item Number
CA#6
Tracking Number
PKBD 2007-11
This page serves as a placeholder for the draft document
Resolution of Authorization to Apply for OSLAD Grant
for Raintree Park B,
which was included in the June S, 2007 COW
packet, and was recommended for approval without.
changes from said draft. Please contact the
Clerk's office at 630-553-4350 during normal business
hours if you would like to view the document, or please
use the City website to download the above listed packet.
Packets on the website are kept in their entirety for a
minimum of one month on the "Agendas" page,
http://www.yorkville.il.us/gov mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/ og v mtgs minutes.cfin
<ti° °`T�
EST. 1 1636
9�`�<CE �by�
Agenda Item Number
CA#7
Tracking Number
COW 2007-03
This page serves as a placeholder for the draft document
Approval of Historical Street Names:
a. Mary LaGow; b. Ton & Theresa Kager,
which was included in the June 5, 2007 COW
packet, and was recommended for approval without
changes from said draft. Please contact the
Clerk's office at 630-553-4350 during normal business
hours if you would like to view the document, or please
use the City website to download the above listed packet.
Packets on the website are kept in their entirety for a
minimum of one month on the "Agendas" page,
http://www.yorkville.il.us/ og v mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/ og v mtgs minutes.cfm
\�0 C/T`
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EST`.',.P H 1B36
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j
MINUTES OF THE REGULAR MEETING OF THE CITY COUNC
OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILL IS
HELD IN
8 0 GAME CITY ARM ROAD ONMBERS D TUESDAY, JANUARY 23, 2007
Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of
Allegiance. '',
ROLL CALL !,
Clerk Milschewski called the roll. '.
Ward I James Present ',
Leslie Present
Ward II Hurd Present
Wolfer Present
Ward III Bock Present
Munns Absent
Ward IV Besco Present
Spears Present (arrived 7:10)
Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City
Administrator Crois, Assistant City Administrator Olson, Finance Director Mika, Police Chief -
Martin, Director of Public Works Dhuse, Director of Park & Recreation Mogle, Community
Development Director Miller and Public Relations Manger Spies.
QUORUM
A quorum was established.
ADJORNMENT AND RE-ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn the City Council meeting to be re-convened at
the Yorkville Middle School. So moved by Alderman Burd; second by Alderman Bock.
Motion approved by a roll call vote. Ayes-6 Nays-0
James-aye, Leslie-aye, Burd-aye, Wolfer-aye, Bock-aye, Besco-aye
The meeting was adjourned and moved to Yorkville Middle School.
Mayor Prochaska entertained a motion to reconvene the City Council meeting of Tuesday,
January 23, 2007. So moved by Alderman Hurd; second by Alderman Bock.
Motion approved by a roll call vote. Ayes-7 Nays-0
Leslie-aye, Wolfer-aye, James-aye, Bud-aye, Spears-aye, Bock-aye, Besco-aye
The meeting was reconvened at 7: 10 p.m.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
None.
COMMTTTEE MEETING DATES
Public Works Committee Committee of the Whole
7:00 P.M., Tuesday, February 20, 2007
City of Yorkville Conference Room
Economic Development Committee Committee of the Whole
7:00 P.M., Tuesday, February 20, 2007
City of Yorkville Conference Room
Administration Committee Committee of the Whole
7:00 P.M., Tuesday, February 6, 2007
City of Yorkville Conference Room
Public Safety Committee Committee of the Whole
7:00 P.M., Tuesday, February 6, 2007
City of Yorkville Conference Room
The Minutes of the Regular Meeting of the City Council — January 23, Z007 — page 2
PRESENTATIONS
None.
PUBLIC HEARINGS
Sunflower Estates Special Service Area
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Sunflower Estates Special Service Area 2006-119. So moved by Alderman Wolfer; seconded by
Alderman James.
Motion approved by a roll call vote. Ayes-7 Nays-0
Bock-aye, Spears-aye, Burd-aye, James-aye, Wolfer-aye, Leslie-aye, Besco-aye
Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court
Reporting Service for the transcription of this portion of the public hearing
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bard;
seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye, Burd-aye, James-aye, Wolfer-aye, Leslie-aye, Besco-aye Bock-aye
Fox Valley View, Inc.
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Fox
Valley View, Inc., petitioner, who has filed an application with the United City of Yorkville,
Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from
Kendall County, A-1 to United City of Yorkville R-2 One-Family Residence District and for
hearing as to the Annexation Agreement of Petitioner. The real property consists of
approximately 37.55 acres located south of Route 71 and adjacent to and north of Highpoint
Road, Kendall Township, Kendall County, Illinois. So moved by Alderman James; seconded by '..
Alderman Wolfer.
Motion approved by a roll call vote. Ayes-7 Nays-0 '..
Besco-aye, Leslie-aye, Wolfer-aye, James-aye, Burd-aye, Spears-aye, Bock-aye
Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court
Reporting Service for the transcription of this portion of the public hewing
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Wolfer; seconded by Alderman Bock.
Motion approved by a roll call vote. Ayes-7 Nays-0
Leslie-aye, Wolfer-aye, James-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye
TDC Yorkville Shopping Center II, LLC
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
TDC Yorkville Shopping Center 11, LLC, petitioner, who has Filed an application with the United
City of Yorkville, Kendall County, Illinois requesting an amendment to the existing annexation
and PUD agreement for the property commonly known as Yorkville Marketplace. The real
property consists of approximately 5.7 acres located at the southeast corner of Route 34 and
Route 47, Yorkville, Kendall County, Illinois. So moved by Alderman James; seconded by
Alderman Bock.
Motion approved by a roll call vote. Ayes-7 Nays-0
Leslie-aye, Wolfer-aye, James-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye
Please see attached Report of Proceedings by Christine Vitosh, C.S.R from Depo Court
Reporting Service for the transcription of this portion of the public hearing
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Besco; seconded by Alderman Spears. '..
Motion approved by a roll call vote. Ayes-7 Nays-0
Wolfer-aye, James-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye,
Fox Moraine, LLC
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Fox
Moraine, LLC, an Illinois Limited Liability Company and North Star Trust Company No. 06-
9993 under trust agreement date August 8, 2006, petitioners, who has filed an application with the
i
The Minutes of the Regular Meeting of the City Council — January 23, 2007 — Page 3
United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of
Yorkville and rezoning from Kendall County A-1 to United City of Yorkville A-1 Agricultural
District. The real property consists of approximately 759.7 acres located south of Route 71 east
and west of Sleepy Hollow Road in Kendall County, Illinois. So moved by Alderman Bock;
seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Wolfer-aye, James-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye
Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Dope Court
Reporting Service for the transcription of this portion of the public hearing
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bard;
seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye
Vacation of a Portion of Sleepy Hollow Road
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
vacation of a portion of Sleepy Hollow Road located south of Illinois Route 71 legally described
as follows: Sleepy Hollow Road Vacation, that part of sections 14 and 23, Township 36 North,
Range 6 East of the Third Principal Meridian Described as follows: That part of Sleepy Hollow
Road lying south of the Southline of Illinois Route 71 and north of a line which bears south 89
degrees 55 minutes 26 seconds west and the easterly prolongation of said line at a Pointe 1935.49
feet north of the south quarter comer of said section 23, in Kendall County, Illinois. So moved by
Alderman Bard; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes-7 Nays-0 '..
James-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye '.......
Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court
Reporting Service for the transcription of this portion of the public hearing
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Wolfer; seconded by Alderman Leslie.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye
Rush Copley Medical Center, Inc.
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Rush Copley Medical Center, Inc., petitioner, who has filed an application with the United City
of Yorkville, Kendall County, Illinois requesting rezoning from United City of Yorkville 0-
Office District to United City of Yorkville Planned Unit Development Zoning and Preliminary
PUD plan. The real property consists of approximately 44.12 acres located south of Veteran's
Parkway, adjacent to the Fox Hill Subdivision, Yorkville, Kendall County, Illinois. So moved by
Alderman Wolfer; seconded by Alderman Burd.
Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Dope Court
Reporting Service for the transcription of this portion of the public hearing.
Mayor Prochaska entertained a motion to postpone the public hearing until February 13, 2007
City Council meeting. So moved by Alderman Bosco; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye
ADJORNMENT AND RE-ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn the meeting back to City Hall. So moved by
Alderman Wolfer; second by Alderman Leslie.
Motion approved by a roll call vote. Ayes-6 Nays-0
James-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye
__ The meeting was adjourned at 10:20 p.m. and moved to City Hall.
The Minutes of the Regular Meeting of the City Council — January 23, 2007 — Page 4
Mayor Prochaska entertained a motion to reconvene the City Council meeting. So moved by
Alderman Besco; second by Alderman Spears.
Motion approved by a roll call vote. Ayes-6 Nays-0
James-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye
Alderman Burd was not present for vote.
The meeting was reconvened at 10:35 p.m.
CITIZEN COMMENTS
None.
CONSENT AGENDA
1 . Deuchler Engineering Agreement for FPA Expansion — Dickson, Sleezer & Lindholm
Properties - authorize the Mayor and City Clerk to execute, subject to receipt of developer
funding (PW 2007-04)
2. Pre-qualification Process for Well #10 and Well 910 Water Treatment Plant —Approve as
presented (PW 2007-05)
3. Longford Lakes — Final Acceptance and Letter of Credit Reduction 42 —Accept public
improvements for ownership and authorize a reduction to the Letter of Credit in an
amount not to exceed $146,192.84, subject to verification that developer has no
outstanding debt owed to city (PW 2007-06)
4. Raging Waters - Letter of Credit Reduction #1 — authorize staff to accept second Letter of
Credit in an amount not to exceed $1,320,463.68, as presented (PW 2007-07)
5. Betzwiser Development - Letter of Credit Expiration - authorize City Clerk to call Letter
of Credit unless it is renewed by April 20, 2007 (PW 2007-08)
6. Saravanos Development - Letter of Credit Expiration - authorize City Clerk to call Letter
of Credit unless it is renewed by April 20, 2007 (PW 2007-09)
7. Countryside Pump Station - Change Order #1 — authorize reduction in an amount not to
exceed $10,325.00 and authorize Mayor to execute, (PW 2007-10)
8. Resolution 2007-06 — MOT Highway Permit and Resolution - Rush Copley Site (Route
34 Temporary Entrance) - authorize the Mayor and City Clerk to execute subject to receipt
of bond (PW 2007-I1)
9. In-Town Road Program (Phase 2) — Railroad Permits for Pipeline Crossing - authorize
Mayor to execute and authorize up to $5,600. 00 for permitfees if necessary, as presented
(PW 2007-12)
10. Cozy Comer Subdivision — Offsite Watermain Easement - authorize the Mayor and City
Clerk to execute (PW 2007-13)
11. Park Naming Request for Prairie Meadows — approve the name of Riemenschneider Park
(PKBD 2007-01)
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Besco; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-6 Nays-0
James-aye, Wolfer-aye, Leslie-aye, Besco-aye, Bock-aye, Spears-aye
Alderman Burd was not present for vote.
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meeting of
October 24, 2006; seconded by Alderman Spears.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated January 10, 2007 totaling the following amounts: checks in the amount of
$651,220.29 (vendors); $215,321.40 (payroll period ending 1/6/07); for a total of $866,541 .69
(total); seconded by Alderman Beare.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye, Wolfer-aye, Leslie-aye, Besco-aye, Bock-aye, Spears-aye, Burd-aye
The Minutes of the Regular Meeting of the City Council — January 23, 2007 — Page 5
REPORTS
MAYOR'S REPORT
Ordinance 2007-02 Approving $3,500,000.00 General Obligation Refinancing Bonds
CC 2007-01
Mayor Prochaska entertained a motion to approve an ordinance approving $3,500.000.00 General
Obligation Refinancing Bonds (Alternate Revenue Source) Series 2007A of the United City of
Yorkville, Kendall County Illinois, as presented. So moved by Alderman Besco; second by
Alderman Wolfer.
Finance Director Mika explained that there was no public hearing needed for the bonds as they
are the second part of the refinancing of the bonds. She further explained that when the bonds go
on the market, Speer Financial will make a presentation to the Council.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye
CITY COUNCIL REPORT _
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT '..
No report. '..
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CIHEF OF POLICE'S REPORT
No report.
DIRECTOR OF PARKS & RECREATION'S REPORT
Director Mogle reported that a Winter Fun Night was held January 19, 2007 at Circle Center
School and over 100 children attended.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
No report.
COMMUNITY RELATIONS MANAGER'S REPORT
Mrs. Spies reported that the next meeting for the 50th Anniversary Celebration will be held on
February 5, 2007 at 7:00 p.m. She invited anyone interested to attend. Alderman Spears asked
how many people have been attending the meetings and Mrs. Spies answered that ten to twenty
people have been in attendance.
COMMUNITY & LIAISON REPORT
School Board
Alderman Burd reported that she attended the School Board meeting on January 22, 2007 where
it was discussed how portions of the School District have been inadvertently whittled away over
the years. An example given was the property on Orchard Road and Route 34. This property is
within School District #115's boundaries however the taxes collected were never paid to the
district. Also, students may be going to the wrong schools. The Regional Superintendent of
Schools, the County Clerk and the Assessors Office are all working to resolve the boundary issue.
Prairie Parkway
Mayor Prochaska reported that he attended the Prairie Parkway meeting where the comment
period for the parkway was extended thus delaying the decision of the route of the road.
The Minutes of the Regular Meeting of the City Council — January 23, 2007 — page 6
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Raymond Regional Stormwater Basin Outfall
(PC 2006-34)
Director Miller reported that this was an information item. He stated that a letter was received
which states that Ocean Atlantic agrees to the funds requested by the City. He indicated that
funds have been received.
Ordinance 2007-03 Edward Health Ventures !.
Authorizing Execution of Amended Annexation and PUD Agreement
(PC 2006-84 & 2006-85) -
A motion was made by Alderman Bard to approve an ordinance authorizing the execution of an
amended Annexation Restated Planned Unit Development Agreement with Fox Valley Farm
Partnership and with Edward Health Ventures, as presented, and authorize the Mayor and City
Clerk to execute all documents upon final legal and staff review; seconded by Alderman James.
Attorney Dan Kramer stated there were a few issues; the roadway contribution which has been
worked out with IDOT, the accommodations of the wooded area and minor language changes.
These issues were addressed and the information was given to the City and Director Miller
responded. He asked them to look at three other areas which were; 1) address the preliminary
plat and insert the new site plan, 2) address the period of time given for a third party to buy the
property and 3) to be more vague on the road language due to IDOT permitting. These areas !,
have been addressed per Director Miller's direction.
Alderman Leslie stated he spent with Mr. and Mrs. Devries, who were concerned with the loss of
trees. He commented that Mr. Devries did a phenomenal job addressing the layout and that it ",..
appears to have a less ecological impact and provides buffering. A representative from Edward's !,
Hospital however expressed his concern that it provides less of a buffer between the hospital and !,
the new residential area.
There was a brief discussion regarding the wooded area, buffering, the residential area, etc.
Alderman Leslie questioned the length of the term available for a third party to purchase the
wooded property. Attorney Kramer stated it was better to be more flexible with the length of
time rather than mix terms. Mayor Prochaska suggested adding language that allows 365 days
unless the City can show they are in negotiations with an entity such as CorLands, etc. Attorney !,
Kramer agreed suggesting that the 365 day term remain however the City will receive notice of !,
the end of the term and time to provide information if they are in the process of negotiations.
Alderman Burd stated that the City needed an idea of how much grant dollars would be needed to
acquire the wooded area. Director Mogle noted that CorLands is coming out to discuss the
acquisition of the property. They are able to appraise the property, make an offer and close fairly !,
quickly. Alderman Besco noted that the City has an existing relationship with CorLands and he
asked if anyone remembered how long it took them to close on the other properties. Attorney !i
Kramer stated that once CorLands commits they move along rather quickly.
Alderman Leslie stated he walked the property and was concerned with the underlying continuity
between the existing residential area and the proposed one. Attorney Kramer stated that an estate
subdivision is planned and the land appeals to custom builders rather than track homes.
There was more discussion regarding grants, financing and the term of the contract.
Mr. Devries commented that be thought the entire woodland would be preserved however the
revised plan shows a road cut into it. Attorney Kramer noted that the road is in the same spot and
that everything west of it will remain woodland. Director Miller noted that this was a preliminary
plan that is still going through a process and he indicated that a tree survey is part of the process.
Until that is done, it is not known where the road will precisely go.
Mayor Prochaska questioned if the language addressing that the tern could be added under the
motion currently on the floor. Attorney Kramer noted that the motion on the floor was to approve
as presented subject to staff and legal review. Attorney Wyeth recommended amending the
motion.
The Minutes of the Regular Meeting of the City Council — January 23, 2007 — oage 7
Mayor Prochaska entertained a motion to amend the original motion to include the language
about allowing for an extension of the 365 day period. So moved by Alderman James; seconded
by Alderman Wolfer.
Motion to amend approved by a roll call vote. Ayes-7 Nays-0
Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye
Original motion approved by a roll call vote. Ayes-8 Nays-0
Wolfer-aye, James-aye, Burd-aye, Spears-aye,
Bock-aye, Besco-aye, Leslie-aye, Prochaska-aye
Ordinance 2007-04 Edward Health Ventures —Rezoning
(PC 2006-84 & 2006-85)
A motion was made by Alderman Hurd to approve an ordinance rezoning certain property in
furtherance with an amended Annexation and Restated Planned Unit Development Agreement
with Fox Valley Farm Partnership and with Edward Health Ventures, as presented, and authorize
the Mayor and City Clerk to execute all documents upon final legal review; seconded by
Alderman James. ',
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye
Ordinance 2007-05 Route 47/Corneils Road
Authorizing Execution of Annexation Agreement
(PC 2005-62)
A motion was made by Alderman Burd to approve an ordinance authorizing the execution of an
Annexation Agreement with First United Bank, as Trustee under Trust #2189, for property at the
SW comer of Route 47 and Comeils Road, as presented, and authorize the Mayor and City Clerk
to execute all documents upon final legal and staff review; seconded by Alderman Spears.
Alderman Burd asked that if after final legal and staff review, changes are made to the agreement,
would it come back before the City Council for review. Attorney Wyeth stated it would not and
that the review is for typographical errors and such. The document will not be re-written; no
substantial changes will be made.
Motion approved by a roll call vote. Ayes-8 Nays-0
Spears-aye, Bock-aye, Besco-aye, Leslie-aye,
Wolfer-aye, James-aye, Burd-aye, Prochaska-aye
Ordinance 2007-06 Route 47/Corneils Road - Annexing
(PC 2005-62)
A motion was made by Alderman Burd to approve an ordinance annexing property at the SW
comer of Route 47 and Comeils Road in furtherance of an Annexation Agreement with First
United Bank, as Trustee under Trust #2189, as presented, and authorize the Mayor and City Clerk
to execute all documents upon final legal review; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye, Burd-aye
Ordinance 2007-07 Route 47/Corneils Road - Rezoning
(PC 2005-62)
A motion was made by Alderman Bard to approve an ordinance rezoning certain property at the
SW comer of Route 47 and Comeils Road in furtherance of an Annexation Agreement with First
United Bank, as Trustee under Trust #2189, as presented, and authorize the Mayor and City Clerk
to execute all documents upon final legal review; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye, Burd-aye, Spears-aye
Ordinance 2007-08 Peter Kappos Development (Route 47/Corneils)
Authorizing Execution of Development/Economic Initiative Agreement
(EDC 2007-03)
A motion was made by Alderman Bard to approve an ordinance authorizing the execution of a
Development/Economic Incentive Agreement with Peter C. Kappos, regarding property at the
SW comer of Route 47 and Comeils Road, as presented, and authorize the Mayor and City Clerk
to execute all documents upon final legal and staff review; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
The Minutes of the Regular Meetin¢ of the City Council — January 23 2007 — uage 8
Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Wolfer-aye, James-aye, Burd-aye
Ordinance 2007-09 Providing for Issuance of Sales Tax Revenue Bonds
(Kendall Marketplace Project)
(COW 2007-01)
A motion was made by Alderman Burd to approve an ordinance providing for issuance of United
City of Yorkville, Kendall County , Illinois Sales Tae Revenue Bonds, series 2007, as presented;
seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Wolfer-aye, James-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Hearing Officer
Alderman Spears inquired about the appointment of the hearing officer needed for the landfill
siting hearings. Mayor Prochaska explained that the process was ongoing and several are being
considered. He felt he would have a candidate to appoint in February. Mayor Prochaska stated
he would present the candidate to the Council before he makes the appointment.
Sewer and Water Easement
Alderman Spears inquired about the permanent sewer and water easement agreement that the City
has for the Bruell Street pump station site. She stated that there are things that need to be
completed such as the roadway, water lines, etc and she asked why this project has been placed
on hold. She noted that a resident has been waiting a year to have this completed. She asked if
she could get more information and if staff could meet with the property owner. Director Miller
stated he would look into.
Unincorporated Areas
Alderman James questioned how many areas exist that are totally surrounded by the City. He '..
asked if these pockets could be identified and evaluated for possible annexation. Director Miller
stated he would research this and identify the areas and parcel sizes.
Kendall Marketplace Property
Alderman Wolfer asked the Public Works Committee to look at widening Cannonball Trail in the
event that Kendall Marketplace does not develop due to the lawsuit against it. He also suggested
the rezoning of the property be investigated. Alderman James suggested that the widening of
Cannonball Trail begin as soon as possible. Alderman Bock commented that ripping up
Cannonball Trail would only hurt residents that support Kendall Marketplace. Treasurer Powell
suggested closing Cannonball Trail and not allowing thru traffic.
Former Committee Structure
Alderman Besco asked that the City Council reconsider going back to the former committee
structure because meetings have become too long. He suggested that this be reported back to
Doctors Gabris and Wood and their input be asked for. There was a brief discussion about this
and Aldermen Wolfer and Bard agreed with Alderman Besco. Alderman Leslie expressed his
opinion that meetings should be shorter however he noted that he has a hindrance which makes it
hard to be at meetings. Mayor Prochaska suggested that this matter be discussed further at an
Administration Committee meeting.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing:
• Collective negotiating matters between the public body and its employees or their
representatives, or deliberation concerning salary schedules for one or more class of
employees
• Litigation, when an action against, affecting or on behalf of the particular public body has
been filed and is pending before a court or administrative tribunal, or when the public
body finds that an action is probable or imminent, which case the basis for the finding
shall be recorded and entered into the minutes of the closed meeting
The Minutes of the Regular Meeting of the Citv Council — January 23, 2007 — oage 8
He asked that City Clerk Milschewski, City Attorney Wyeth, Police Chief Martin and City
Administrator Crois be included in the session. He indicated that no action would be taken after
the session.
So moved by Alderman Bosco; seconded by Alderman Leslie.
Motion approved by a roll call vote. Ayes-5 Nays-2
Wolfer-aye, Leslie-aye, Bosco-aye, Bock-nay, Spears-aye, Burd-aye, James-nay
The City Council entered into Executive Session at 11 :35p.m.
The City Council returned to Regular Session at 11:53 p.m.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by
Alderman Book. ',,
Motion approved by a viva voce vote. '..
Meeting adjourned at 11 :53 P.M. '..
Minutes submitted by: '..
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois ',.
CITY COUNCIL MEETING
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 January 23 , 2007 ;:
at the hour of 7 : 00 p . m . , at 800 Game Farm Road
in the City of Yorkville , Illinois .
s
D - 814507
REPO • COURT
reporting service
1212 South Naper Boulevard • Suite 119-185 • Naperville, IL 60540 • 630-983-0030 • Fax 630-299-5153
www.depocourt.com
2
1 P R E S E N T :
2 MR . ARTHUR F . PROCHASKA , Mayor ;
3 MR . PAUL JAMES , Alderman ;
4 MR . JASON LESLIE , Alderman ;
5 MS . VALERIE BURD , Alderman ;
6 MR . DEAN WOLFER , Alderman ;
7 MR . JAMES BOCK , Alderman ;
8 MR . JOSEPH BESCO , Alderman ;
g MS . ROSE ANN SPEARS , Alderman ;
10 MR . JOHN CROIS , City Administrator ;
11 MR . WILLIAM POWELL , City Treasurer ;
12 MR . TRAVIS MILLER , Community Development
13 Director ;
14 MS . JACQUELYN MILSCHEWSKI , City Clerk .
15
16 A P P E A R A N C E S : .
17 BY : MR . JOHN JUSTIN WYETH ,
appeared on behalf of the United
18 City of Yorkville , Illinois .
19
20 - - - - -
21
22
23
24
Depo Court Reporting Service (630) 983-0030
3
1 ( Pledge of Allegiance )
2 ( WHEREUPON , proceedings
3 were had which were not
4 reported . )
5 MAYOR PROCHASKA : Entertain a motion
6 to reconvene the City Council meeting of Tuesday ,
7 January 23rd .
8 ALDERMAN BURD : So moved .
9 ALDERMAN BOCK : Second .
10 MAYOR PROCHASKA : At this time I
11 would entertain a motion to go into public
12 hearing for the discussion of Sunflower Estates
13 Special Service Area , 2006 - 119 .
14 ALDERMAN WOLFER : So moved .
15 ALDERMAN JAMES : Second .
16 MAYOR PROCHASKA : Moved and
17 seconded . May I have roll call , please ?
18 MS . MILSCHEWSKI : Bock .
19 ALDERMAN BOCK : Aye .
20 MS . MILSCHEWSKI : Spears .
21 ALDERMAN SPEARS : Aye .
22 MS . MILSCHEWSKI : Burd .
23 ALDERMAN BURD : Aye .
24 MS . MILSCHEWSKI : James .
Depo Court Reporting Service (630) 983-0030
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1 ALDERMAN JAMES : Aye .
2 MS . MILSCHEWSKI : Wolfer .
3 ALDERMAN WOLFER : Aye .
4 MS . MILSCHEWSKI : Leslie .
5 ALDERMAN LESLIE : Aye .
6 MS . MILSCHEWSKI : Besco .
7 ALDERMAN BESCO : Aye .
8 MAYOR PROCHASKA : Motion is carried'*
9 We are now in public hearing . Who is to speak on
10 this ? Yes , ma ' am .
11 If I could , just as a reminder ,
12 everyone , because there are so many public
13 hearings and so much time to try to keep our
14 comments concise and short so that we can
15 certainly have everybody that wants an
16 opportunity to speak here .
17 WHEREUPON :
18 KERRY BARTELL ,
19 testified before the Yorkville City Council as
20 follows :
21 MS . BARTELL : Sure . My name is
22 Kerry Bartell . I am with the law firm of Kovitz ,
23 Shifrin , Nesbit in Buffalo Grove , Illinois .
24 Our office represents the
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5
1 Sunflower Estates Homeowner ' s Association , and I
2 am speaking here on behalf of the Board and many
3 of the homeowners in the association .
4 I ' m going to keep my comments
5 relatively brief based on the Committee of the
6 Whole meeting which we had in December , so a lot
7 of the comments that you ' re going to hear tonight
8 you ' ve already heard , but I just want to go over.
9 them again , also to address some of the concerns
10 that I heard come up at that Committee of the
11 Whole meeting .
12 Again , the petition to create
13 the Special Service Area and then ultimately
14 again to dissolve the association has been
15 approved by 100 of the 117 homes in the
16 association . That ' s approximately 84 percent of
17 the owners .
18 There are eight homes that
19 voted against the creation of the SSA and the
20 dissolution of the association , so I don ' t want
21 to leave them out either .
22 There is three main issues for
23 the association , and if it is not allowed to
24 dissolve , these are the three major issues that
Depo Court Reporting Service (630) 983-0030
6
1 will be facing the Board as well as the
2 homeowners .
3 First is the issue of a
4 assessments or dues . The association has been in
5 existence and was recorded against the property
6 approximately seven years ago .
7 During that seven - year
8 existence and the control of the developer , no
9 dues were collected by the developer , no bills
10 were assumed in the name of the association , all
11 of the expenses , all of the contracts , were taken
12 out in the name of Inland Development , so there
13 were never any records , there is no financials ,
14 there is no information that ' s been provided by
15 the developer with regard to how those expenses
16 or how those funds were used .
17 The association does have
18 approximately $ 20 , 000 - - although I ' m sure it ' s
19 less now - - in their bank account , and their plan
20 if the dissolution is to go through is that
21 whatever excess funds are left over , those would
22 be distributed back to the homeowners , so that
23 way they ' ll have no access .
24 The second issue is the
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7
1 enforcement of violations . Again during the
2 seven - year period that the developer was in
3 control of the association , no enforcement of any
4 of the violations of the declaration - - which is
5 the respective covenants on the property - - were
6 enforced .
7 Approximately at this time
8 there are 90 percent of the homes that are not •i:n
9 compliance . The majority of the homeowners are
10 concerned about the - - the enforcement of these
11 violations and the fact that they ' re going to
12 have to police their own neighbors at this point .
13 Finally , and probably most
14 important , is the issue of litigation . If the
15 association is forced to continue and they ' re not
16 allowed to dissolve , the association is going to
17 have to face some sort of litigation against the
18 developer as well as possibly the City .
19 They would like to avoid that ,
20 but in order to operate effectively and
21 efficiently and in compliance with the state law
22 governing associations , they would have to pursue
23 some type of litigation against the developer .
24 As we discussed at the previous
Depo Court Reporting Service (630) 983-0030
8
1 committee meeting , they would not be entitled to
2 recover their attorneys ' fees , so this can be
3 quite an extensive cost for the homeowners .
4 If the dissolution is to move
5 forward , there are two things that need to
6 happen . One is the creation of the Special
7 Service Area , which will help obviously to cover
8 the costs of the maintenance of the outlots that-
9 are on the property . There are three outlots .
10 They also need to dedicate
11 those outlots to the City . The reason for that
12 is that the association , if it is going to
13 proceed with dissolution , cannot have any assets .
14 obviously land is an asset , so they cannot have
15 that property ownership on their title .
16 The issue with insurance , which
17 is a question that came up at the last committee
18 meeting , is because if the land is ultimately
19 dedicated to the City , obviously it needs to be
20 maintained and then insured .
21 1 In speaking with the City over
22 this matter the Board has come to determine that
23 there should be no cost increase to the City for
24 insurance .
Depo Court Reporting Service (630) 983-0030
9
1 The amount of land is minimal
2 and the increase in the premium again should not
3 be anything significant as far as the cost to the
4 City .
5 If there are costs , that I ' m
6 sure could be worked into the Special Service
7 Area and the amount of money that was charged
8 back to the homeowners , along with the
9 maintenance and whatever costs are incurred .
10 I know that there was also a
11 concern at the last meeting about the City
12 setting a precedent for future associations .
13 Moving forward , it was my
14 understanding based on the Council meeting and
15 other discussions that we ' ve had that the City
16 should not be put in this position in the future
17 because now back - up SSA ' s are created with each
18 association , so this process would not need to be
19 followed with future associations .
20 There is also already some
21 history with other associations in the City who
22 have had this issue , although they are unique in
23 some sense , you know , in comparison to Sunflower .
24 The first would be Greenbriar .
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1 Ultimately no declaration was recorded against
2 the property with that association , but the
3 developer did try to come at the last minute to
4 record the declaration and the homeowners in that
5 subdivision fought it .
6 The City ultimately - - it is my
7i understanding that the City assumed ownership for
8 that property .
9 The other property that we
10 discussed last time as well is Fox Hill . Again
11 the developer failed to file a declaration , the
12 residents objected .
13 It is my understanding that the
14 City is maintaining that property or their
15 outlots at this point , and I would assume - -
16 although I ' m not sure - - that the insurance would
17 cover those outlots as well .
18 Sunflower is unique in that ,
19 again , it has been in existence for seven years .
20 Most of the homeowners did not even know of its
I
21 existence .
22 Once they purchased the
23 property here , it showed up on some title
24 reports , but not other title reports .
I
Depo Court Reporting Service (630) 983-0030
11
1 There is no back - up SSA for two
2 of the phases , and ultimately the biggest issue
3 is that the developer left them in a horrible
4 financial and recordkeeping state .
5 For them to go back and create
6 seven years of records is going to be virtually
7 impossible .
8 Ultimately this association w.a.s
9 one of the only - - none of the corporate
10 formalities were followed , none of the dues were
11 collected , so this is a real issue .
12 In conclusion , the association
13 needs to have this dedication , they need to have
14 this Special Service Area in order to ultimately
15 dissolve the association .
16 our office will work with the
17 Board to prepare the dissolution documents if
18 this is approved by the City , as well as any
19 deeds or other dedication documents if that is
20 what the City requires .
21 We are happy to do that ; we ' ve
22 done this for other associations . It should not
23 cost the City any additional funds .
24 Again , the Special Service
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12
1 Area , any maintenance costs or other costs , will
2 be charged back to the homeowners .
3 If there are for whatever
4 reason insurance costs , those can be included ,
5 and we don ' t believe that the City would be
6 setting any precedent as far as future
7 associations in , you know , moving forward with
8 this type of issue . That was my brief statement:.
9 I would also invite the City
10 Council members to ask any questions . I don ' t
11 know if there are other concerns which you may
12 have , but I am happy to address them as best I
13 can .
14 MAYOR PROCHASKA : Well , at this
15 point this is the public hearing , and actually
16 the Council is supposed to hear from any other
17 residents that are here who have comments to this
18 proposal .
19 MS . BARTELL : Thank you .
20 MAYOR PROCHASKA : Thank you . What I
21 would like to do is open the floor now if there
22 is anyone from the audience that would like to
23 address the City Council or give testimony one
24 way or the other to this proposal .
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1 ( No response )
2 MAYOR PROCHASKA : No testimony ? Is
3 there any comments from the Council ?
4 ALDERMAN SPEARS : I have several .
5 MAYOR PROCHASKA : Yes . Rose . Yes .
i
6 Give them briefly .
7 ALDERMAN SPEARS : Okay . First of
8 all , do we know what the actual insurance costs . :-:
9 would be ? Did anybody research that ? Do we have
10 a figure ?
11 MR . OLSON : Yes , I did research it .
12 I asked the insurance agent or our representative
13 there and they said there was no additional cost
14 to add any land , and that would be no matter if
15 it was six acres or a thousand acres .
16 ALDERMAN SPEARS : Keep it brief ,
17 though . Thank you .
18 MAYOR PROCHASKA : Well , these are
19 questions that we discussed at Council when this
20 comes before us , yet , too .
21 ALDERMAN SPEARS : Well , I thought we
22 could get it in since it was before . I have a
23 statement . This is not really a question .
24 I ' d like to know if somehow in
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14
1 the future the City would be able to protect the
2 residents just barring this developer from doing
3 future business in our City .
4 Can we do that legally ?
5 ( Applause )
6 MAYOR PROCHASKA : Well , you know ,
7 what ? That ' s a question that our legal staff
8 would have to let us know .
9 ALDERMAN SPEARS : And maybe we can
10 have that information ?
11 ALDERMAN WOLFER : We have brought
12 that up in the past . We are going to define our
13 ordinance . We have brought that up when this
14 first came up .
15 ALDERMAN SPEARS : I don ' t remember ,
16 did you people hear that being brought up before ,
17 about the developer being barred from doing
18 business in our city ?
19 Thank you . Apparently none of
20 us attended that meeting . Okay . That ' s all I
21 have . Thank you .
22 MAYOR PROCHASKA : Okay . Well , then
23 with that I would entertain a motion to close
24 this public hearing - -
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1 ALDERMAN BURD : Mr . Mayor , I have
2 something to say .
3 MAYOR PROCHASKA : Go ahead .
4 ALDERMAN BURD : I just had one quick
5 question . Some of you are here from Sunflower
6 Estates . I just wondered if you have any
I
7 concerns about maintaining - - I think you have
8 mentioned this a little bit before , maintaining•
9 standards in the community as far as once this is
10 voted out , how would you go about doing that ?
I
11 Some of the homeowners
12 commented on that they had concerns , so I just - -
13 have you thought about that at all or addressed
14 it ?
15 UNIDENTIFIED AUDIENCE MEMBER : We
16 have thought about it . There are a lot of those
17 issues . We ' ve also been there for seven years
18 without any enforcement . You can walk through
19 there and see that it ' s obviously well taken care
20 of . We care about the property . I don ' t see all
21 of a sudden it becoming an issue or a problem .
22 ALDERMAN BURD : Okay . And what
23 about the irrigation ? It ' s always been
24 irrigated . I understand we ' re not going to use
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16
1 that anymore . Is that going to cause any
2 problems ?
3 UNIDENTIFIED AUDIENCE MEMBER : I
4 don ' t think so because it is in place for new
5 plants and growth and sod , and obviously it ' s
6 seven years old , it ' s established .
7 ALDERMAN BURD : Okay . Thank you .
8 MAYOR PROCHASKA : Okay . Is there .
9 any other comments ?
10 ( No response )
11 MAYOR PROCHASKA : Because that is
12 what I had heard before , that you would be happy
13 with the City standards at this point .
14 Hearing no discussion , I would
15 entertain a motion to closing this public
16 hearing .
17 ALDERMAN BURD : So moved .
18 ALDERMAN SPEARS : Second .
19 MAYOR PROCHASKA : Moved and
20 seconded . May I have roll call , please ?
21 MS . MILSCHEWSKI : Spears .
i
22 ALDERMAN SPEARS : Aye .
23 MS . MILSCHEWSKI : Burd .
24 ALDERMAN BURD : Aye .
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1 MS . MILSCHEWSKI : James .
2 ALDERMAN JAMES : Aye .
3 MS . MILSCHEWSKI : Wolfer .
4 ALDERMAN WOLFER : Aye ,
5 MS . MILSCHEWSKI : Leslie .
6 ALDERMAN LESLIE : Aye .
7 MS . MILSCHEWSKI : Besco ,
8 ALDERMAN BESCO : Aye .
9 MS . MILSCHEWSKI : Bock .
10 ALDERMAN BOCK : Aye .
11 MAYOR PROCHASKA : Motion is carried .
12 Next on the agenda I would entertain a motion to
13 go into public hearing for the purpose of
14 discussing PC 2006 - 90 , Fox Valley View , Inc . ,
15 petitioner , has filed an application with the
16 United City of Yorkville , Kendall County ,
17 Illinois , requesting annexation to the United
18 City of Yorkville and rezoning from Kendall
19 County A - 1 to United City of Yorkville R - 2
20 One - Family Residence District and for hearing as
21 to the annexation agreement of the petitioner .
22 The real property consists of
23 approximately 37 . 55 acres located on the south
24 side of Route 71 and adjacent to and north of
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18
1 Highpoint Road , Kendall County , Kendall
2 Township - - excuse me , Kendall County , Illinois .
3 May I hear a motion ?
4 ALDERMAN JAMES : So moved .
5 ALDERMAN WOLFER : Second .
6 MAYOR PROCHASKA : Moved and
7 seconded . May I have roll call ?
8 MS . MILSCHEWSKI : Besco .
9 ALDERMAN BESCO : Aye .
10 MS . MILSCHEWSKI : Leslie .
11 ALDERMAN LESLIE : Aye .
12 MS . MILSCHEWSKI : Wolfer .
13 ALDERMAN WOLFER : Aye .
14 MS . MILSCHEWSKI : James .
15 ALDERMAN JAMES : Aye .
16 MS . MILSCHEWSKI : Burd .
17 ALDERMAN BURD : Aye ,
18 MS . MILSCHEWSKI : Spears .
19 ALDERMAN SPEARS : Aye .
20 MS . MILSCHEWSKI : Bock .
21 ALDERMAN BOCK : Aye .
22 MAYOR PROCHASKA : Motion is carried .
23 We are now in public hearing . Is there someone
24 from the petitioner ?
I
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19
I
1 MR . ROSANOVA : Yes , Your Honor .
2 MAYOR PROCHASKA : Okay . There you
3 are .
4 WHEREUPON :
5 VINCE ROSANOVA ,
I
6 testified before the Yorkville City Council as
i
7 follows :
8 MR . ROSANOVA : Good evening . My
9 name is Vince Rosanova . I am an attorney with
10 the law firm of Dommermuth , Brestal , Cobine &
11 West , and we represent the property owner and
12 petitioner , Fox Valley View , Inc .
13 Here with me tonight we have
14 John McGrath , the representative of Fox Valley
15 View , as well as Eric Granrud with Smith
16 Engineering Consultants , who is our civil
17 engineer .
18 As you know , the petitioner has
19 on file a petition seeking annexation to the City
20 R- 2 One - Family Residence District zoning as well
21 as a preliminary plat of subdivision approval .
22 The property in question
23 consists of approximately 37 and a half acres ,
24 which we are proposing to occupy with 53
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20
1 single - family detached homes .
2 We have been working closely
3 with Staff in preparing our annexation agreement
4 and we are all here to answer any questions this
5 Council or the public may have this evening .
6 Thank you .
7 MAYOR PROCHASKA : At this time I ' d
8 open the floor . Is there anyone that would like-
9 to offer questions or comments on this issue ?
10 Yes , sir .
11 WHEREUPON :
12 TODD MILLIRON ,
13 testified before the Yorkville City Council as
I
14 follows :
15 MR . MILLIRON : Where exactly is this
16 property located on Highpoint Road ?
17 MR . ROSANOVA : South of Legion Road ,
18 and it ' s immediately to the south and adjacent to
19 the existing Brighton Oaks subdivision .
20 MR . MILLIRON : Is it south of the
21 Brighton Oaks ? That is - -
22 MR . ROSANOVA : This is going to be
23 an extension . Same. owner , very similar . It ' s
24 going to add - - Yes . Yes .
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21
1 MAYOR PROCHASKA : You need to speak
2 up , please . And the speakers need to identify
3 yourself if you are asking questions so we have
4 it in the minutes , please .
5 WHEREUPON :
6 JOANN GILBERT ,
7 testified before the Yorkville City Council as
8 follows :
9 MS . GILBERT : I was just asking
10 exactly where it was because I don ' t think we had
11 notice of that .
12 MR , ROSANOVA : Excuse me . There are
13 two different matters . There is also a petition
14 on file with the ZBA requesting a side yard
15 setback variance , which has been noticed for
16 February 7th , originally noticed for January , the
17 first week in January , which has subsequently
18 been continued , and the separate notice for the
19 Plan Commission for the actual annexation and
20 zoning and then the actual publication for this
21 public hearing on the annexation agreement , so
22 there ' s been several different notices that have
23 gone out .
24 MAYOR PROCHASKA : Okay . Is there - -
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22
1 come up - - Would you come up to the microphone ,
2 please , so everybody can hear you ?
3 MS . GILBERT : I would like to know
4 what size lots these are for the - - for the
5 projected houses . How big a lot ? Are they going
6 to be an acre like the rest of them out there - -
7 MAYOR PROCHASKA : No .
8 MS . GILBERT : - - or are they going . _,
9 to be city lots ?
10 MAYOR PROCHASKA : I believe it ' s
11 more towards the city size , but do you have the
12 lot sizes for her ?
13 MS . GILBERT : Well , what I am
14 getting at is why do something like that when the
15 rest of us out there have one to two acres ?
16 You ' re coming in and putting homes three to four
17 per acre . It ' s not consistent with where we are .
18 MAYOR PROCHASKA : That is not three
19 to four per acre , so that - -
20 MS . GILBERT : Well , whatever .
21 MAYOR PROCHASKA : It is smaller than
22 what you have . I understand that .
23 MS . GILBERT : Right . Why do
24 something like that ?
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23
1 MAYOR PROCHASKA : At this point
2 we ' re taking comments , so that ' s your comment .
3 Thank you .
4 UNIDENTIFIED AUDIENCE MEMBER : We
5 didn ' t hear the size of the lot back here .
I
6 MAYOR PROCHASKA : Do you want to
7 give them the size ?
8 MR . ROSANOVA : A typical dimension . :
9 would be 80 feet wide by 100 feet deep .
10 MR . MILLIRON : No , no , we have
11 acres .
12 MAYOR PROCHASKA : Okay . Hey , he is
13 speaking . A question was asked , he is answering
14 the question . If you have comments , then that
15 will be done , but allow him to answer the
16 question . Thank you .
17 MR . ROSANOVA : Approximately 12 , 000
18 square feet . This will be City lots , these are
19 going to be annexed to the City , will be on City
20 water , will be on our - - our sanitary will be
21 provided by the Yorkville - Bristol Sanitary
22 District .
23 As a result - - The majority of
24 the adjacent properties are in the county , they
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24
1 are on well and septic , and as a result they
2 require an increased amount of land to provide
3 for that sanitary - - or I ' m sorry , that septic
4 field , so that ' s the reason why we are able to
5 provide more city - type lots .
6 MAYOR PROCHASKA : Go ahead .
7 MS . GILBERT : I ' ve lived out there
8 for 44 years , and where they plan on building
9 this , it ' s a flood - - flood area through that - -
10 there is - - the creek that runs through there and
11 a lot - - in the spring , it floods , very soggy
12 area .
13 MAYOR PROCHASKA : Okay . Thank you .
14 Do you want to - -
15 MR . ROSANOVA : Yes . I actually - -
16 our civil engineer , Eric Granrud , has looked
17 extensively into the wetland issues and is here .
18 I would like him to come back
19 just to make sure to address Mrs . Gilbert ' s
20 concern .
21 WHEREUPON :
22 ERIC GRANRUD ,
23 testified before the Yorkville City Council as
24 follows :
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1 MR . GRANRUD : Good evening , Council
2 members . Eric Granrud with Smith Engineering
3 Consultants . I live at 14765 Fox Road .
4 Basically the largest open
5 space lot is where there is low - lying existing
6 farm ground .
7 The creek is located exactly on
8 the southern property line of the site . We have:-
9 established the 100 - year floodplain .
10 The Department of Natural
11 Resources is actually determining that the
12 100 - year floodplain starts just to the east side
13 of Highpoint Road , and that ' s because the
14 contributing drainage area to the site is right
15 around one square mile and that ' s kind of where
16 they determine the floodway to start .
17 We do understand that the area
18 is a - - is a creek , that it ' s the upper head
19 watershed of the mid -Aux Sable branch , and there
20 is a flood zone , and so we have established the
21 100 - year floodplain .
22 We ' ve located the on - site
23 detention pond adjacent to that floodplain . The
24 road that will be dedicated through the site and
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26
1 dedicated for public right - of - way will be above
2 the floodplain , and then separate from where our
3 stormwater pond is we are dedicating existing
4 wetlands into that open space that will be
5 preserved .
6 MAYOR PROCHASKA : Thank you . Sir ,
7 do you want to come up ?
8 WHEREUPON :
g ROBERT RUTKAS ,
10 testified before the Yorkville City Council as
11 follows :
12 MR . RUTKAS : Thank you . Yes . My
13 name is Robert Rutkas . I live on Legion Road and
14 I would like to reiterate what this lady here
15 mentioned before .
16 I was under the impression that
17 the south side of Yorkville would maintain the
18 estate - sized properties , probably a three - acre
19 piece .
20 I ' d like to see that we
21 continue with that thought and not have people
22 jammed into little ticky tacky boxes .
23 I think it ' s an abomination .
24 All you need to do is drive north on Route 47 ,
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27
1 take a look at the Hulke subdivision that ' s going
I
2 up there with all those people packed up like
3 sardines .
4 We ' d like to maintain that idea
5 with estate - sized lots and homes . Thank you very
6 much .
7 MAYOR PROCHASKA : Thank you .
8 ( Applause )
9 MR . ROSANOVA : If I may , I ' d just
10 like to address that gentleman ' s concern in two
11 parts , first of which being these are not going
12 to be ticky tacky homes .
13 Those of you who are familiar
14 with the existing Brighton Oaks subdivision , you
15 know it ' s a great amenity .
16 This is going to be that same
17 type , style , size and design . Some of the homes
18 go up to approximately 4500 square feet .
19 MAYOR PROCHASKA : Okay . Is there
20 anyone else that would like to speak on this one ?
21 Well , before you go , Mr . Milliron , sir , if you
22 would like to come forward .
23 WHEREUPON :
24 PHIL CORRINGTON ,
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28
1 testified before the Yorkville City Council as
2 follows :
3 MR . CORRINGTON : Thank you . My name
4 is Phil Corrington . I live on Highpoint Road
5 slightly past where they are proposing this
6 subdivision , and my property drains through that
7 creek .
8 It doesn ' t drain right now , and
9 I am afraid that if they do anything with that
10 property , it ' s going to drain worse .
11 So we ' re backing up into a
12 wetlands where I live now because of downstream
13 changes in the property , so that ' s one concern .
14 The second concern is I don ' t
15 believe we received any notification that this
16 would be discussed tonight .
17 MAYOR PROCHASKA : That ' s one of the
18 things we can check , those receipts , to make sure
19 that people were notified that were within the
20 required range . We can do that .
21 MR . CORRINGTON : I would appreciate
22 it .
23 MAYOR PROCHASKA : Yes .
24 MR . ROSANOVA : For a public hearing
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29
1 on the terms of an annexation agreement what you
2 do is you publish in the paper and Bart Olson ,
3 who handles the publications for the City who
4 contacts the paper , he could provide you with
5 that information .
6 MAYOR PROCHASKA : There is no mail
7 notices on the annexations , it ' s only
8 publications , okay , for the agreement , so when is
9 goes to Plan Commission is when you are noticed ,
10 is that - - and then - -
11 MR . ROSANOVA : Absolutely .
12 MAYOR PROCHASKA : And then it is
13 published in the paper for the annexation
14 agreement that comes before the City Council .
15 MR . ROSANOVA : You are correct ,
16 Mayor .
17 MAYOR PROCHASKA : Okay . So you
18 should have all been noticed when this came
19 before the Plan Commission , okay ? Should have
20 been . So we will check to make sure you were .
21 MS . GILBERT : What we got in the
22 mail is February 7th is the next date .
23 MAYOR PROCHASKA : That ' s - - that ' s
24 the Zoning Board . That ' s for the variance .
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1 MS . GILBERT : But we would have
2 missed this if we hadn ' t been here .
3 MAYOR PROCHASKA : Well , it is
4 noticed in the paper , though . It is noticed .
5 MR . CORRINGTON : One more question
6 if I may . Can you turn the microphone up ?
7 MAYOR PROCHASKA : This one here ?
8 MR . CORRINGTON : How about if we
9 raise this one up a little bit ?
10 Question to the Board then .
11 With this public hearing tonight , with this
12 public hearing tonight , will there be any vote on
13 whether to annex this property ?
14 MAYOR PROCHASKA : I don ' t believe it
15 was on the agenda for this evening .
16 MR . CORRINGTON : Okay . Thank you .
17 MAYOR PROCHASKA : Okay . Anyone
18 else ? Mr . Milliron .
19 MR . MILLIRON : I ' d like the attorney
20 to answer the question . 12 , 000 square feet , I
21 don ' t know exactly how many feet are in an acre ,
22 so how - - approximately the size of these lots by
23 the acres because we all have one acre or more
24 lots out there on Highpoint Road , it was in the
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1 County plan for estate - sized lots , like one acre
2 or more , and you are changing the character of
3 Highpoint Road by allowing a subdivision like
4 that .
5 That subdivision butts right up
6 against the fend . We call it Cotswold Fend out
7 there . My home is on the other side of that
8 fend .
9 It ' s a recharge area where a
10 lot of water collects and gets there and the
11 ground is - - JoAnn is right , the ground is
12 saturated virtually all the time .
13 I ' ll be surprised if there will
14 be a house out there that has a basement .
15 MAYOR PROCHASKA : Thank you .
16 MR . ROSANOVA : Our average lot size
17 is 12 , 000 square feet . An acre is 43 , 560 square
18 feet .
19 The second part of your concern
20 is in relation to the lot size . The City ' s
21 Comprehensive Plan envisions this property as
22 residential with a maximum density of 1 . 5
23 dwelling units per acre .
24 We are proposing 53 lots on 37
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1 Fh s for a gross density of 1 . 4 , so
2 in conformance with the City ' s
3 lan , but we are also in
4 th the R - 2 zoning district .
5 The County plan is n ot at point
6 here . The City has their own Comprehensive Plan ,
7 how they envision the land uses that would be
8 most beneficial to the City , and when we submit. :a
9 development application , that ' s what we conform
10 to and that ' s what we have conformed to .
11 MAYOR PROCHASKA : Thank you .
12 Someone else ? Sir .
13 WHEREUPON :
14 JARED KORTE ,
15 testified before the Yorkville City Council as
16 follows :
17 MR . KORTE : Hi . I am Jared Korte .
18 I live in Timber Creek up on 71 , and my concern
19 still is about the lot size .
20 I moved in ten years ago and ,
21 Art , when you came here almost eight years ago ,
22 you said you wanted to keep large lots .
23 The reason I moved down on 71
24 is everything south of 71 and west of 47 is all
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1 large lots .
2 I drive through Oswego every
3 day through 71 , it ' s all large lots , large homes ,
4 and now we ' re going to have three homes per acre .
5 This is ridiculous .
6 MAYOR PROCHASKA : Okay . Anyone
7 else ?
8 ( Applause )
9 MAYOR PROCHASKA : One more time , we
10 need to move on .
11 MR . MILLIRON : So I ' m still trying
12 to picture this . This is basically a subdivision
13 that ' s between Bernadette and Brighton Oaks and
14 it would abut up to the people that are on
15 Bernadette that also have one - acre lots ; is that
16 correct ?
17 MAYOR PROCHASKA : It shows on the
18 plan there .
19 MR . MILLIRON : Well , I haven ' t
20 actually had a chance to look at it , I ' m still
21 trying to visualize it in my head .
22 I live out there , Art , I ' ve
23 walked that subdivision by the way , and I know it
24 quite well , and just because you have city water
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34
1 and sewer , I don ' t understand why you have to put
2 three houses on an acre . Something the school
3 district probably doesn ' t appreciate very much -
4 We have large lots out there ,
5 you ' re not taking those into consideration , and
6 you ' re not thinking about us on the southwest
7 side , and that ' s been evident since September .
8 MAYOR PROCHASKA : Well , that ' s your .
9 opinion . Sir , did you have something you want to
10 say ?
11 ( Applause )
12 MAYOR PROCHASKA : Is there any other
13 discussion for this particular issue ?
14 ( No response )
15 MAYOR PROCHASKA : I ' d entertain a
16 motion to close the public hearing .
17 ALDERMAN WOLFER : So moved .
18 ALDERMAN BOCK : Second .
19 MAYOR PROCHASKA : Moved and
20 seconded . May I have roll call , please ?
21 MS . MILSCHEWSKI : Leslie .
22 ALDERMAN LESLIE : Aye .
23 MS . MILSCHEWSKI : Wolfer .
24 ALDERMAN WOLFER : Aye .
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1 MS . MILSCHEWSKI : James .
2 ALDERMAN JAMES : Aye .
3 MS . MILSCHEWSKI : Burd .
4 ALDERMAN BURD : Aye ,
5 MS . MILSCHEWSKI : Spears .
6 ALDERMAN SPEARS : Aye .
7 MS . MILSCHEWSKI : Bock .
8 ALDERMAN BOCK : Aye .
9 MS , MILSCHEWSKI : Besco .
10 ALDERMAN BESCO : Aye .
11 MAYOR PROCHASKA : Motion is carried .
12 At this time I would entertain
13 a motion to go into public hearing for discussion
14 of Fox Moraine , LLC , an Illinois limited
15 liability company , North Star Trust Company nO .
16 06 - 9993 under Trust Agreement dated August 8 ,
17 2006 , petitioners , have filed an application with
18 the United City of Yorkville , Kendall County ,
19 Illinois - - Oh , I ' m sorry . I guess I ' m trying to
20 jump to that . Okay . We ' re back up to number
21 three .
22 I ' d entertain a motion to go
23 into public hearing to discuss number PC 2006 - 98 ,
24 TDC Yorkville Shopping Center , II , Illinois , LLC ,
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36
1 Fcommonly has filed an application with the
2 of Yorkville , Kendall County ,
3 uesting an amendment to the existing
4 nd PUD agreement for the property
5 own as Yorkville Marketplace .
6 The real property consists of
7 approximately 5 . 7 acres located at the southeast
8 corner of Route 34 and Route 47 in Yorkville ,
9 Kendall County , Illinois .
10 ALDERMAN JAMES : So moved .
11 ALDERMAN BOCK : Second .
12 MAYOR PROCHASKA : Moved and
13 seconded . May I have roll call , please ?
14 MS . MILSCHEWSKI : Leslie .
15 ALDERMAN LESLIE : Aye .
16 MS . MILSCHEWSKI : Wolfer .
17 ALDERMAN WOLFER : Aye .
18 MS . MILSCHEWSKI : James .
19 ALDERMAN JAMES : Aye .
20 MS . MILSCHEWSKI : Burd .
21 ALDERMAN BURD : Aye .
22 MS . MILSCHEWSKI : Spears .
23 ALDERMAN SPEARS : Aye .
24 MS . MILSCHEWSKI : Bock .
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1 ALDERMAN BOCK : Aye .
2 MS . MILSCHEWSKI : Besco .
3 ALDERMAN BESCO : Aye .
4 MAYOR PROCHASKA : Motion is carried .
5 WHEREUPON :
6 TRACY KASSON ,
7 testified before the Yorkville City Council as
8 follows :
9 MR . KASSON : My name is Tracy
10 Kasson . I am with the law firm - -
11 MAYOR PROCHASKA : Can ' t hear you .
12 Can move over there ?
13 MR . KASSON : Good evening . My name
14 is Tracy Kasson . I am with the law firm of
15 Rathje , Woodward , Dyer & Burt in Wheaton ,
16 Illinois , representing TDC Yorkville II , LLC .
17 This is a request for an
18 amendment to the 2001 PUD for Yorkville
19 Marketplace , specifically for Lot 9 , and an
20 amendment to the consent decree covering this
21 property .
22 Basically the request is to
23 reduce the landscape setback in some areas from
24 23 feet to 20 feet and to reduce the building
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38
1 setback in certain areas from 50 feet to 20 feet
2 on portions of Lot 9 .
3 The basic request and reason
4 for it was as this shopping center was proposed
5 in 2001 we had the Jewel , we knew that was going
6 in , we were trying to make our best guess at that
7 time for the rest of the lots , established some
8 basic setbacks .
9 Now as things are firming up we
10 have a much better idea as to what type of
11 retailer will be coming in here , and as
12 Mr . Donahue from the developer and owner of the
13 property will explain , it necessitates some
14 slight adjustments to those setbacks .
15 WHEREUPON :
16 JOHN DONAHUE ,
17 testified before the Yorkville City Council as
18 follows :
19 MR . DONAHUE : Hi . I ' m John Donahue ,
20 Tucker Development , and as Tracy stated , we are
21 looking for relief on two setbacks , one being the
22 landscape buffer from 23 feet to 20 feet and the
23 building setback from 50 feet to 20 feet as well .
24 They both occur in the same
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39
1 area on the east side of Lot 9 , and that is to
2 allow for a larger lineal frontage of buildings ,
3 and the buildings will have less depth than
4 originally anticipated . That ' s really all there
5 is to it . If you ' ve got any questions , we are
6 happy to answer those .
7 MAYOR PROCHASKA : At this time I ' d
8 ask if there is anybody in the audience that
9 would like to address the Council on this issue .
10 ( No response )
11 MAYOR PROCHASKA : For the developer ?
12 ( No response )
13 MAYOR PROCHASKA : Yes , sir . Can you
14 come down , please , to the mic and state your
15 name ? We need you to come down , state your name
16 and speak in the microphone , please . Thank you .
17 WHEREUPON :
18 DON HAUGE ,
19 testified before the Yorkville City Council as
20 follows :
21 MR . HAUGE : Don Hauge ( phonetic ) ,
22 Yorkville . I think once you set a setback limit ,
23 I think you should stick by it .
24 Yorkville Marketplace I think
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1 would benefit from a setback . I don ' t think
2 pushing things closer towards the road would help
3 matters out . That ' s all I have to say .
4 MAYOR PROCHASKA : Thank you . Is
5 there anyone else ?
6 ( No response )
7 MAYOR PROCHASKA : Any other
8 discussion on this ?
9 ( No response )
10 MAYOR PROCHASKA : Do you want to say
11 something else , Alderman Leslie ?
12 ALDERMAN LESLIE : I ' m not sure , what
13 was your justification on the variance of the
14 setback ? That ' s pretty extreme .
15 MR . KASSON : It ' s just an amendment ,
16 it ' s not technically a variance .
17 The justification is at the
18 time back in 2001 we really had no idea what was
19 going in there . It was envisioned that it would
20 probably be more of a bigger box .
21 I think , as Mr . Donahue could
22 explain now , the market and the demand in that
23 area has changed , so it ' s going to be more of a
24 mid - box to a different type of user that will ,
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41
1 instead of having a deeper building , require
2 basically a shallower building and a wider
3 building .
4 Basically its square footage
5 will be similar , just a different shape . The
i
6 landscape setback is predominantly the same and
7 it ' s not going to be in all areas .
8 John , you can talk about the .
9 small areas . The landscape setback will only be
10 reduced in certain areas three feet , in certain
11 areas zero .
12 MR . DONAHUE : There are some areas
13 where we were actually outside of the landscape
14 buffer , and then the further south you go , the
15 wider the landscape area goes .
16 You are looking at developing
17 on a straight angle perpendicular to the drive ,
18 and this drive goes on kind of a curve or an
19 angle , and the landscaping would abide with that
20 angle . Actually more landscaping to cover that .
21 ALDERMAN LESLIE : I fail to see how
22 a smaller box would necessitate a shallower
23 setback . If you ' re building a larger box , I
24 could see why you may want to encroach upon the
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1 road , but - -
2 MR . KASSON : Well , we ' re not - - We
3 are staying within predominantly the same
4 landscape buffer , so the green space is going to
5 be , as Mr . Donahue said , even more than what is
6 proposed , but we just need more lineal - -
7 basically a wider box to accommodate the newer
8 tenant .
9 MR . DONAHUE : Maybe you are - - the
10 depth of the building , the original development ,
11 we envisioned one big box for those two .
12 Now there will be multiple
13 mid - size boxes which , in order to meet their
14 prototypes , they have certain widths that they
15 live with .
16 We will not go as far south as
17 we anticipated , but we need a little bit further
18 east than we originally anticipated .
19 ALDERMAN LESLIE : If I ' m
20 understanding this correctly , the setback was 50
21 foot . Would this be approaching Landmark Avenue
22 then ? I can ' t see that .
23 MR . DONAHUE : No . I ' m sorry , it ' s
24 on Marketplace Drive .
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1 ALDERMAN LESLIE : Okay . So it would
2 be approaching Marketplace , so - -
3 MR . DONAHUE : Correct .
4 ALDERMAN LESLIE : So only that 50
5 foot setback on that area ?
6 MR . DONAHUE : Correct .
7 ALDERMAN LESLIE : It wouldn ' t go to
8 the perimeter - -
9 MR . DONAHUE : No .
10 ALDERMAN LESLIE : - - down the
11 Landmark side .
12 MR . DONAHUE : No . It would only be
13 on the east boundary following the curve of
14 Marketplace Drive .
15 ALDERMAN LESLIE : Is that a signaled
16 intersect there at Landmark and Marketplace or
17 no ?
18 MR . DONAHUE : No , it is not .
19 ALDERMAN LESLIE : Is it a stop sign ?
20 MAYOR PROCHASKA : It ' s a yield .
21 ALDERMAN LESLIE : Yield ? If it ' s a
22 yield sign , I ' d have concerns of obstructed view .
23 I mean , if you are heading on Marketplace Drive
24 in the direction of Landmark Avenue and you
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1 change that setback from 50 foot to 20 feet - -
2 MR . DONAHUE : There is zero impact
3 on that intersection because - - maybe I can show
4 you . Here is the intersection we are talking
5 about . Here is the - - the old building went
6 further south - -
7 ALDERMAN LESLIE : Okay .
8 MR . DONAHUE : - - so now the building
9 is shorter .
10 ALDERMAN LESLIE : Okay . Thank you .
11 MAYOR PROCHASKA : Can you explain
12 that now so everybody else can hear what you just
13 told the Alderman ?
14 MR . DONAHUE : Basically I was just
15 explaining that the building will not go as far
16 south as we had originally anticipated , closer to
17 that intersection , but will instead come a little
18 bit closer to Marketplace Drive only at this
19 point right here .
20 As I said before , Marketplace
21 Drive kind of curves to the east and the building
22 continues straight south .
23 MAYOR PROCHASKA : Okay . Is there
24 any other comments or questions ?
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1 ( No response )
2 MR . PIERSON : Question probably .
3 MAYOR PROCHASKA : Can we have your
4 name , please ?
5 WHEREUPON :
6 HARTLEY PIERSON ,
7 testified before the Yorkville City Council as
8 follows :
9 MR , PIERSON : Yes . Hartley Pierson ,
10 president of the Longford Lakes Homeowner ' s
11 Association , which we are abutting that property
12 they are concerned .
13 My understanding , you are not
14 actually planning anything closer to Landmark ,
15 it ' s going to just change the distance to the
16 other thing . Okay .
17 MAYOR PROCHASKA : Thank you .
18 MR . PIERSON : I think the only other
19 comment I have , I hope that they are asked by the
20 City to provide a proper buffer as far as trees
21 and landscaping , as they did along behind the
22 Jewel store and the other stores .
23 I hope that that ' s a part of
24 the plan so that , you know , the homes there
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1 aren ' t facing the back end of those buildings
2 without some kind of tree buffering there .
3 That was required by the City
4 with the development - -
5 MAYOR PROCHASKA : Right .
6 MR . PIERSON : - - on Route 47 and we
7 were pleased with that arrangement of putting the
8 proper evergreens in that would grow tall and
9 leave a sight and sound buffer between us and
10 that property , and we hope the same thing will
11 happen here .
12 MAYOR PROCHASKA : Okay . Sir .
13 MR . KASSON : We have provided a
14 landscape plan to actually view and comment , I
15 think it ' s appropriate , but it was done to ensure
16 that that would comply .
17 MAYOR PROCHASKA : Alderman , you ' ve
18 got a question ?
19 ALDERMAN JAMES : Hartley , I ' ve got a
20 question for you . The homeowner ' s association ,
21 there is some watershed area that you guys have
22 been maintaining , and at one point you approached
23 us asking about Tucker Development was supposed
24 to be pitching in a certain amount of money , your
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1 homeowner ' s association was supposed to be
2 pitching in money , and as new developers they
3 were supposed to be pitching in for maintaining
4 that , but I understand that just your homeowner ' s
5 association has been doing all the maintenance .
i
6 Is that correct ?
7 MR . PIERSON : We ' ve been doing
8 maintenance . The portion that the City had
9 originally set up , the 58 percent of that cost
10 has not been met by Tucker Development yet .
11 ALDERMAN JAMES : Can you repeat
12 that ?
13 MR . PIERSON : They have not met the
14 City ' s statement as to the percentage that should
15 be maintained by them for the water going into
16 the pond , so they have argued against that and
17 haven ' t really come up with the money they are
18 supposed to .
19 Right now there is money
20 pending and a request to them , so we actually
21 have been responsible for doing the maintenance ,
22 the mowing around the retention ponds and
23 treating the retention ponds .
24 They have to be treated to keep
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1 the algae and stuff out so they don ' t become just
2 a mosquito basin , and so far they have not kept
3 up with that .
4 ALDERMAN JAMES : I think that ' s
5 something that we should look into before we move
6 forward on this .
7 MAYOR PROCHASKA : Okay . Is there
8 anyone else ?
9 ALDERMAN SPEARS : I have something ,
10 please .
11 MAYOR PROCHASKA : Yes , ma ' am .
12 ALDERMAN SPEARS : I would like to
13 know with you here right now if you could commit
14 yourself to a date when the money will be
15 received .
16 MR . KASSON : We ' ll have to look into
17 it . We ' re not - - I ' m not familiar with it ,
18 Mr . Donahue isn ' t . We will certainly look into
19 it . We are unaware , at least the two of us
20 are - -
21 ALDERMAN SPEARS : Okay .
22 MR . KASSON : - - so it ' s something
23 we ' ll have to - -
24 ALDERMAN SPEARS : Check with your
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1 staff then and let us know ?
2 MR . KASSON : Yes . Yes .
3 ALDERMAN SPEARS : Could you give us
4 something in writing like within the next week or
5 so what they have determined , when they will
6 receive the money ?
7 MR . KASSON : I would say within the
8 next couple weeks , yes . Certainly we will be
9 back here on the 20th , we ' ll certainly know
10 before then and we will look into it . Yes .
11 ALDERMAN SPEARS : Okay . Thank you .
12 MAYOR PROCHASKA : I ' d like to know
13 that we have a status update on that prior to a
14 vote .
15 MR . KASSON : On the 20 - - Yes .
16 MAYOR PROCHASKA : Anyone else ?
17 ( No response )
18 MAYOR PROCHASKA : Hearing none , I
19 would entertain a motion to close this public
20 hearing .
21 ALDERMAN BESCO : So moved .
22 ALDERMAN SPEARS : Second .
23 MAYOR PROCHASKA : Moved and
24 seconded . May I have roll call , please ?
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1 MS . MILSCHEWSKI : Wolfer .
2 ALDERMAN WOLFER : Aye .
3 MS . MILSCHEWSKI : James .
4 ALDERMAN JAMES : Aye .
5 MS . MILSCHEWSKI : Burd .
6 ALDERMAN BURD : Aye .
7 MS . MILSCHEWSKI : Spears .
8 ALDERMAN SPEARS : Aye .
g MS . MILSCHEWSKI : Bock .
10 ALDERMAN BOCK : Aye .
11 MS . MILSCHEWSKI : Besco .
12 ALDERMAN BESCO : Aye .
13 MS , MILSCHEWSKI : Leslie .
14 ALDERMAN LESLIE : Aye .
15 MAYOR PROCHASKA : Motion is carried .
16 And now I would entertain a
17 motion to go into public hearing for the purpose
18 of discussing the Fox Moraine , LLC , an Illinois
19 limited liability company , and North Star Trust
20 Company No . 06 - 9993 under Trust Agreement dated
21 August 8 , 2006 , petitioners , have filed an
22 application with United City of Yorkville ,
23 Kendall County , Illinois , requesting annexation
24 to the United City of Yorkville and rezoning from
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1 Kendall County A - 1 to United City of Yorkville
2 A- 1 Agricultural District .
3 The real property consists of
4 approximately 759 . 7 acres located south of
5 Route 71 , east and west of Sleepy Hollow Road , in
6 Kendall County , Illinois .
7 ALDERMAN BOCK : So moved .
8 ALDERMAN BESCO : Second .
9 MAYOR PROCHASKA : Moved and
10 seconded . May I have roll call , please ?
11 MS . MILSCHEWSKI : Wolfer .
12 ALDERMAN WOLFER : Aye .
13 MS . MILSCHEWSKI : James .
14 ALDERMAN JAMES : Aye .
15 MS . MILSCHEWSKI : Burd .
16 ALDERMAN BURD : Aye ,
17 MS . MILSCHEWSKI : Spears .
18 ALDERMAN SPEARS : Aye .
19 MS , MILSCHEWSKI : Bock .
20 ALDERMAN BOCK : Aye .
21 MS . MILSCHEWSKI : Besco .
22 ALDERMAN BESCO : Aye .
23 MS . MILSCHEWSKI : Leslie .
24 ALDERMAN LESLIE : Aye ,
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1 MAYOR PROCHASKA : Motion is carried .
2 We are now in public hearing .
3 I guess my question - - I have a
4 question first . I know , Mr . Attorney , we got an
5 email from the Newark Library indicating that
6 they have had separate discussions with the
7 developer , but I am wondering , is there anyone in
8 the audience tonight from the Newark Library
9 District that would like to come forward and
10 speak ?
11 ( No response )
12 MAYOR PROCHASKA : Okay . Hearing
13 none , what I will do is ask does the petitioner
14 have something that they would like to say prior
15 to me opening the floor for comments on the
16 annexation ?
17 What would you like to say ,
18 Alderman ?
19 ALDERMAN BURD : I talked to the
20 Newark - - I talked to the Newark - - director of
21 the Newark Public Library before - - the Charles
22 B . Phillips Library , excuse me , tonight and they
23 said that they were very satisfied with whatever
24 agreement that they had entered into with
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1 Mr . Philipchuck and his clients , so I would just
2 like to say that this is correct .
3 MAYOR PROCHASKA : Okay . With that
4 said , I would like to open the floor to anyone
5 that would like to come and give comment or
6 testimony on the annexation of this property to
7 the City . That is what is being discussed .
8 There is no vote that will
9 happen tonight , we are simply taking testimony
10 and comments .
11 And , again , if we can keep our
12 comments concise , we will be able to get more
13 people through if they would like to speak .
14 With that , I would open the
15 floor , and if someone would like to come forward ,
16 please do . State your name for the record ,
17 please .
18 WHEREUPON :
19 RON MILSHAWSKI ,
20 testified before the Yorkville City Council as
21 follows :
22 MR . MILSHAWSKI : Ron Milshawski
23 ( phonetic ) . I have been a resident here for five
24 years . I live at 405 East Spring .
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1 My God , Alderpersons , look at
2 all these people . What happened ? You see all
3 these signs ? I think people are very upset and I
4 can see why .
5 In Chicago we have something
6 called Mount Trashmore . Do you people on the
7 City Council want Yorkville to become a giant
8 Trashmore ?
g I think the problem here is we
10 have to decide whether this is going to be 500
11 feet tall . What is the protection against water
12 contamination ? I don ' t think your water barrier
13 is sufficient enough to prevent water
14 contamination .
15 MAYOR PROCHASKA : Well , you ' re
16 getting into the details of the landfill itself .
17 Tonight we are talking about the annexation and
18 the comments that you would have .
19 MR . MILSHAWSKI : Okay . I am against
20 annexation because - -
21 MAYOR PROCHASKA : Thank you .
22 MR . MILSHAWSKI : - - I believe we are
23 going to lose the initial purpose of Yorkville ,
24 which is to provide a living environment for all
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1 the people you see here tonight , the people who
2 have elected you to your high position .
3 I realize this is going to
4 bring some tax revenue in . We as yet do not know
5 how much per year .
6 Again , nobody has discussed the
7 impact of our roads . We are getting more and
8 more developments around here and congestion is,, '.
9 becoming more and more severe .
10 If you have gone down 126 , you
11 realize it is a gridlock , and the road will be
12 deteriorating even more with your trucks coming
13 in from Chicago .
14 Thank you .
15 MAYOR PROCHASKA : Okay . Thank
16 you .
17 ( Applause )
18 MAYOR PROCHASKA : Mr . Attorney , do
19 you want to - -
20 WHEREUPON :
21 DERKE PRICE ,
22 testified before the Yorkville City Council as
23 follows :
24 MR . PRICE : Yes . This isn ' t like a
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1 regular residential annexation . I appreciate
2 everybody ' s passion , and you ' ve asked to have
3 this voluntary public hearing to allow them to
4 speak , and that ' s fine , but you cannot talk about
5 any of the criteria .
6 The application is filed . It ' s
7 there . If you want to hand them a landfill , talk
8 about the criteria . Do it . Because you ' ll hand-
9 them unjust , unfair proceedings , and I think they
10 will win with it in court , so go ahead and do it .
11 But , Mr . Hearing Officer , since
12 you are in charge of this hearing , if you want to
13 protect the position of the City , you have to
14 rule comments about those criteria out of order .
15 That ' s my recommendation to
16 you . Whether you - - it ' s up to you to follow .
17 MAYOR PROCHASKA : Thank you . Is
18 there anyone else that would like to speak on the
19 annexation ?
20 Ms . Gilbert , up to the
21 microphone , please .
22 MS . GILBERT : My name is JoAnn
23 Gilbert .
24 I don ' t know how you can have
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1 an application before it ' s annexed . The
2 annexation is - -
3 ( Applause )
4 MAYOR PROCHASKA : Again , we ' re
5 discussing whether - - your comments on the
6 annexation . That ' s what we ' re here to take
7 tonight , and that ' s what you need to make sure
8 that that ' s what you . are telling us .
9 What are your comments on the
10 annexation ?
11 MS . GILBERT : My comments . It all
12 comes back to how - - how can you do this ? The
13 application has already been filed . How can you
14 reannex ?
15 MAYOR PROCHASKA : It ' s the county - -
16 it ' s the county - - Is that your comment that
17 you - -
18 MS . GILBERT : That ' s my comment .
19 MAYOR PROCHASKA : Thank you . Sir ?
20 WHEREUPON :
21 BOB RUTKAS ,
22 testified before the Yorkville City Council as
23 follows :
24 MR . RUTKAS : Thank you . My name is
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1 Bob Rutkas . I am on Legion Road . I will be
2 affected by the proposed landfill if it does come
3 to be , but I would like to ask why would the City
4 of Yorkville be a better shepherd of this process
5 than the County ?
6 MAYOR PROCHASKA : Okay .
7 MR . RUTKAS : Could you answer that ,
8 please ?
9 MAYOR PROCHASKA : I feel we would
10 be , but I mean , that ' s - - that ' s - - you know ,
11 that ' s a question to be answered at a later time .
12 Tonight we are talking about
13 the annexation of the property into the City .
14 Mr . Gilcrest ( sic ) ?
15 WHEREUPON :
16 GEORGE GILSON ,
17 testified before the Yorkville City Council as
18 follows :
19 MR , GILSON : George Gilson , Friends
20 of Greater Yorkville , Yorkville resident .
21 First of all I want to thank
22 the Council for having this public hearing and
23 giving concerned citizens and those affected by
24 the annexation and vacation of Sleepy Hollow Road
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i
1 an opportunity to be heard .
2 We have , too , reciprocated in
3 an invite to our pig roast and fundraiser at no
4 cost to you to hear our speakers as well in
5 relation to the landfill before the siting
6 process .
7 I ' m not standing up here this
8 evening to rehash how we got to this point
9 because we ' ve done this already many times and
10 you are tired of hearing it .
11 What I am up here to discuss is
12 the legal advice you have been given in how to
13 proceed . We have all heard your legal counsel
14 advise you that the prudent thing to do here is
15 to stay the course . We are asking you to really
16 step back and examine that advice on many
17 different aspects .
18 First , let ' s talk about the
19 word prudent . Prudent is defined in Webster ' s
20 dictionary as cautious , judicious , foresighted ,
21 sensible or sane .
22 Taking this word by its
23 context , there is no prudent way to stay the
24 course . The only cautious , judicious ,
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1 foresighted , sensible and sane way to proceed
2 here in terms of annexation and vacation of
3 Sleepy Hollow Road is to vote no on both .
4 This would alleviate all
5 burdens on the City in terms of listening to
6 their constituents and those affected in
7 blocking this landfill application that is riding
8 on the backs of you and our community and the
9 Council .
10 Let ' s look at the advice stay
11 the course . What is the course here in reality ?
12 The reality is that it is inevitable that a
13 lawsuit will come no matter how you vote on this
14 issue .
15 Virginia Wells and other land
16 owners with deep pockets affected by your vote on
17 this annexation will litigate if you proceed
18 without a complete redo of the annexation
19 agreement and vote on the road .
20 The process of annexation
21 without notification and the process by which you
22 have agreed to vacate the road is procedurally
23 flawed and opens up the City to liability .
24 On the flip side , of course ,
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1 the applicant has threatened suit here as well if
2 you don ' t proceed forward with this process by
3 the terms on which they dictate .
4 The difference here is the
5 applicant has made the mistake of failure to
6 notify , and that gives you , the United City of
7 Yorkville , a viable out . Let the applicant sue .
8 You have the grounds to stand on .
9 What part of stay the course is
10 your Council and the applicant not concerned
11 about ?
12 For one , they ' re not concerned
13 about those being affected by this procedure and
14 how much money it will cost the people and the
15 City to proceed forward given the current flaws .
16 Second , they are not concerned
17 about listening to your constituents who are here
18 by the masses to oppose this annexation and
19 vacation of the road .
20 Third , they are not concerned
21 about what problems these flaws may cause in the
22 siting process . By then the ball is already
23 rolling .
24 Fourth , they are not concerned ,
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1 about your aldermanic and mayoral positions and
2 how your vote may cost you your seat .
3 ( Applause )
4 MR . GILSON : This is all in
5 relation , Art , to the City annexation .
6 MAYOR PROCHASKA : That ' s fine .
7 MR . GILSON : Please be sensible to
8 proceed forward and stay the course . It ' s not
9 prudent . The only loser in the end is you .
10 ( Applause )
11 MR . GILSON : The other losers will
12 be the people , our community , and other
13 surrounding communities .
14 Vote no on annexation and no on
15 vacation of the road . The lawsuit is inevitable .
16 Get out and relieve yourself of this great
i
17 responsibility and burden while your legal
18 position is good and all aren ' t affected
19 long - term .
20 Thank you .
21 ( Applause )
22 MAYOR PROCHASKA : Thank you .
23 ALDERMAN WOLFER : I had a question
24 for you if I could .
I
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!I
I
1 MR . GILSON : Sure .
2 ALDERMAN WOLFER : Over the course
3 you have given us a lot of legal advice and
4 interpretations , and I want to know what your
5 background is so I can weigh that in because you
6 are telling us not to listen to attorneys who are
7 specialized in this area .
8 ( interruption )
9 MAYOR PROCHASKA : I ' m going to ask ,
10 first of all , that when people ask a question or
11 give an answer , everybody is due the same
12 respect , and that means there is no wise - crack
13 comments out there either because you wouldn ' t
14 want it with you .
15 I expect that we are all
16 respectable people here and we will respect
17 everybody ' s right to speak .
18 MR . GILSON : Dean , the answer is I ' m
19 not a lawyer , if that ' s what you are asking me ,
20 but I have been counseled by attorneys , several
21 of them , okay ?
22 And , one , if you read the front
23 page of the Beacon , you ' ve read an opinion based
24 on - - by Jerry Norton , who is a Loyola University
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1 of Chicago School of Law professor , who agrees
2 with that - - with that - - that the procedure is
3 flawed and that you will open up a chance for
4 litigation , okay ?
5 The other thing , I want to read
6 this since you asked - -
7 ALDERMAN WOLFER : Okay .
8 MR . GILSON : - - Illinois Municipal
9 Code Annexation Authority , 2006 edition . Derke
10 should be very familiar with this .
11 The provisions of the Illinois
12 Municipal Code that allow for annexation
13 agreements do not a create an additional method
14 of annexing property to a municipality . Any
15 property that is subject to an annexation
16 agreement must be annexed to the community
17 pursuant to one of the available statutory
18 methods .
19 An annexation agreement does ,
20 however , provide a means by which the property
21 owners and the municipality may enter into
22 binding commitments that will control various
23 aspects of the use of the land and the
24 development of property after it is annexed .
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1 The other thing I want to read
2 to you is the case in Radona G . Viacobi
3 ( phonetic ) , the owner of annexed property , became
4 enmeshed in litigation relating to possible flood
5 damages and breaches of the annexation agreement
6 by the municipality by failing to allow the
7 developer to proceed in accordance with the
8 annexation agreement .
9 The municipality was found not
10 to have breached the annexation agreement and not
i
11 to have engaged in a tortious interference with
12 the business expectancy because all of the acts
13 taken by the village officials in interpreting
14 the annexation agreement were reasonably directed
15 at asserting the arguably best interests of the
16 community .
17 ALDERMAN WOLFER : Okay .
18 MAYOR PROCHASKA : Thank you . Is
19 there anyone else that would like to come forward
20 and speak ?
21 ( Applause )
22 MAYOR PROCHASKA : Sir . I ' m sorry ,
23 and then I ' ll get you . Sorry .
24 WHEREUPON :
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1 DENNIS BATHWORTH ,
2 testified before the Yorkville City Council as
3 follows :
4 MR . BATHWORTH : Dennis Bathworth
5 ( phonetic ) . I ' d like to say I am for the
6 annexation of the landfill . I would like to
7 thank the Mayor for bringing the dump to the
8 United City of Yorkville .
9 I and many others in this
10 community appreciate that in 30 years after most
11 of us will be dead there will be a great park
12 over the top of that dump .
13 By that time our children and
14 grandchildren will be able to enjoy that great
I
15 point . Higher cancer rate , general illnesses and
I
16 the contaminated - - okay , okay . We would also
i
17 like to thank the Mayor and the City Council - -
I
18 MAYOR PROCHASKA : You are off the
19 subject . The subject is the annexation .
20 MR . BATHWORTH : I am for the
21 annexation . You ' ve done a good job .
22 MAYOR PROCHASKA : Then that ' s your
23 statement .
24 ( Applause )
11 1
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1 MS . PETERSON : Can you hear me ?
2 MAYOR PROCHASKA : Yes , state your
I
3 name .
4 WHEREUPON :
5 LISA PETERSON ,
6 testified before the Yorkville City Council as
7 follows :
8 MS . PETERSON : My name is Lisa
9 Peterson and I live on the corner of Adrienne and
10 Wayne in Yorkville . We are fairly new residents ,
11 we have only lived here about 16 months , and my
12 question is this is a public hearing for the
13 annexation . When is the vote for the annexation
14 going to occur ? Do you have a specific date as
15 to when you are actually voting on it ?
16 MAYOR PROCHASKA : The soonest that
17 that could be - - would be on the agenda would be
18 in two weeks .
19 MS . PETERSON : Okay . Now , so why
20 would you vote yes ? I mean , I ' m kind of confused
21 on this . I guess from what I ' ve heard and from
22 what I ' ve seen , most of the City Council members
23 are going to be voting yes to annex this property
24 into the City of Yorkville .
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1 Is that correct ?
2 MAYOR PROCHASKA : That would be what
3 the application is for , yes .
4 MS . PETERSON : Okay . Why would you
5 want that ? Why would you - - Why would you want
6 that land ?
7 Why do you want - - why do you
8 want to annex it into the City of Yorkville ?
9 That ' s my question to you .
10 MAYOR PROCHASKA : Well , first of
11 all , this is public hearing comment . We are
12 supposed to be taking public comment from you and
13 not - -
14 UNIDENTIFIED AUDIENCE MEMBER :
15 Answer the question .
16 MAYOR PROCHASKA : I ' ve answered the
17 question several times , and the answer is that
I
18 with the proposed use , it is my feeling that the
19 City is being close - - as the municipality , the
20 most affected municipality in the area , should
21 have control over the possession of that
22 property , and that was the reason for the
23 annexation that I believe , so , you know .
24 MS . PETERSON : Okay . So to annex - -
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1 Because , I ' m sorry , you ' ll have to forgive me ,
2 but I am a little confused on this and I just
3 kind of want to clarify .
4 So if you guys vote yes to
5 annex this property in , then it ' s within the City
6 limits of Yorkville and then whatever future
7 things you decide - - Because who has power over
8 the land now , is it the County or - -
9 MAYOR PROCHASKA : Currently it is
10 unincorporated County , yes .
11 MS . PETERSON : Okay .
12 MAYOR PROCHASKA : That would mean it
13 would come within the City limits of Yorkville ,
14 yes .
15 MS , PETERSON : And so you want to
16 annex . I guess that ' s my question . Or what I
17 don ' t understand is why would the City want
18 control over it unless they want to , you know ,
19 say yes to the landfill ? That ' s what I don ' t
20 understand .
21 I mean , is it - - if you want
22 control over the land so you have a say in how
23 it ' s used - -
24 MAYOR PROCHASKA : Right .
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1 MS . PETERSON : - - then - - then I
2 mean - -
3 MAYOR PROCHASKA : That ' s
4 what annexation - - What annexation does is it
5 gives the City control over it .
6 MS . PETERSON : So you want to be
7 able to control it so you can say no ? My
8 residents that I represent don ' t want this .
9 MAYOR PROCHASKA : Okay . And again
10 you are wandering off , you cannot say yes or no ,
11 it is a - - the procedure is there .
12 What happens now is if annexed
13 to the City , it would then fall under the
14 jurisdiction of the City , to answer your
15 question .
16 MS . PETERSON : So after the City
17 votes to annex , whether or not to annex the
18 property , they ' re going to have more public
19 hearings at a later time as to the public usage
20 of the land ?
21 MAYOR PROCHASKA : There is a whole
22 set of public hearings , yes .
23 Before you come I ' d really like
24 to have some other people speak . Is there other
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1 people ? Todd ? I ' m not sure what it is .
I
2 MR . MILLIRON : Let the public record
3 show there was no written annexation agreement in
4 the Council 1 - 23 - 2007 packet .
5 Let the record show that we the
6 public were not allowed to examine the annexation
7 agreement as it was not published for public
8 consumption on the United City of Yorkville sit.e- :
9 Let the public record show that
10 no notice of public hearing signs were posted on
11 the big North Star property prior to this
12 annexation . There were no signs out there , and
13 there should have been 15 days ago and been up
14 for 15 days . That did not happen .
15 This is a - - I was told this
16 was an annexation , Derke , it was not an advisory
17 hearing , it is an annexation , and you should be
18 complying with those requirements .
19 The public hearing for
20 annexation , Ladies and gentlemen of the Yorkville
21 Council , please do not ignore the law and please
22 do not ignore us .
23 The public notice section given
24 in the 1 - 06 - 2007 Kendall County Beacon News has
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1 an error in it . That ' s what ' s in front of you ,
2 John , which I have highlighted for you , and it ' s
3 provided there , as it indicates Route 72 , not
4 Route 71 . I don ' t think it ' s a big issue , but I
5 want to point it out .
6 There really seems to be an
7 arrogance of power within this current elected
8 executive administration and a blatant disregard'
9 for common practices that are part of the law .
10 Why is Fox Moraine any
11 different than Kendall Marketplace property
12 owners ? You literally dared them to sue the City
13 and they took you up on that , to cross the line
14 in the sand that you , the City Council , drew .
15 Now you are scrambling to keep that deal together
16 and not lose Kohl ' s .
17 Yes , when Fox Moraine
18 threatened to sue in October , you as a City
19 Council folded like a lawn chair .
20 What is the difference ? One
21 project the public as a whole wants and you
22 screwed it up , and the other collectively we as a
23 people do not want , yet you tell us it ' s about
24 control .
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1 Who is in control and are you
li
2 looking out for our best interests ? Today I
3 think not .
4 ( Applause )
5 MAYOR PROCHASKA : All right . Is
i
6 there anyone else ?
7 MR . MILLIRON : I ' m not - - I ' m not
8 done , Art .
9 MAYOR PROCHASKA : Well - -
10 MR . MILLIRON : Let ' s talk about
11 control . There ' s a paper there in front of you .
12 It ' s a newspaper . I want you guys to open that
13 up and turn to the very middle section .
14 Would you do that for me , Art ,
15 please ?
I
16 MAYOR PROCHASKA : What would you
17 like me to do ?
18 MR . MILLIRON : There is a newspaper
19 there .
20 MAYOR PROCHASKA : This is a public
21 hearing . You are supposed to be giving
22 comment - -
23 MR . MILLIRON : I am giving comment .
24 MAYOR PROCHASKA : Then tell me what
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1 it says . Tell me what it is .
2 MR . MILLIRON : Open it up . There is
3 nothing in there but a bunch of pictures . I want
4 you to see them .
5 MAYOR PROCHASKA : You know , this
6 is - - This is how things end up not happening
7 correctly .
8 MR . MILLIRON : All right . That
9 Kendall County Record newspaper is the
10 county - wide section from the 9 - 28 issue . That
11 was the issue that just came out two days after
12 your annexation vote of 9 - 26 .
13 I want you to look at the very
14 middle page , and what you ' ll see is a bunch of
15 pictures that were taken at the Kendall County
16 Republican Candidate Support Fundraising Event
17 where Jill Ferko , our county treasurer , was
18 presented with a $ 10 , 000 check to eliminate her
19 four - year campaign debt .
20 Please note the date on the
21 right page as it is circled . It is
22 September 16th , 2006 , just nine days after the
23 first public notice was given on 9 - 07 - 2006 to
24 annex for the 19 - day slash four property slash
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1 backroom landfill scheme to capture Sleepy Hollow
i
2 Road and give it to Fox Moraine .
3 What is in the new annexation
4 agreement that we can ' t look at ? Are you giving
5 away Sleepy Hollow Road again ?
6 Now , I ' d like to draw your
7 attention to the bottom part of the left - hand
8 page . There is a box that is on the bottom on .
9 the left side in red . Please remember the date
10 again is 9 - 16 - 2007 . It was a Saturday afternoon .
11 It was Saturday afternoon and you voted to annex
12 the big North Star property just ten days later .
13 Please remember , your mayor ,
14 you were the tie - breaking vote that forced the
15 big North Star annexation through so Sleepy
16 Hollow Road could be captured and again given to
17 Fox Moraine for free .
18 Now , who do we see in that
19 picture ? Look closely . One gentleman has his
20 arm around the other . Art , do you recognize
21 yourself in that picture ? You look pretty cozy
22 with the gentleman that has his arm around you .
23 Could that gentleman be Don Hamman ?
24 Please note , you can see both
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1 our Mayor ' s hands in the picture , but only one of
2 Mr , Hamman . I am wondering where Mr . Hamman ' s
3 other hand is , and you on the City Council
4 should , too .
5 MAYOR PROCHASKA : What does that
6 have to do with the annexation ?
7 ( Laughter )
g MR . MILLIRON : A lot . This picture :=
9 should really make you wonder , City Council
10 members .
11 Art , you told us at the
12 9 - 25 - 2006 Plan Commission meeting that this was
i
13 only an annexation when you very well knew about
14 Section 15 of the City Assistance Clause with the
15 big North Star annexation agreement .
16 You lied to us that night , and
17 there were 200 people in that room to witness it
18 besides myself .
19 There appears to be a blatant
20 disregard for what we the people want , and I am
21 asking you again , City Council , please do not
22 ignore us again tonight .
23 You as a City Council have a
24 collective power to override the manipulation
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1 that has been used to influence your vote the
2 first time around . You now have a second chance .
3 Let ' s make it right .
4 If this petitioner wants to do
5 business with the City , then let him do it with
6 the normal business parameters that everyone else
7 has to abide by when dealing with the City of
8 Yorkville . No preferential treatment needs to .b:e
9 given to Fox Moraine and North Star Trust ,
10 If you decide to leave Fox
11 Moraine in the County now , then they will have
12 time to do their annexation properly . There is
13 no danger of them going to the County as the
14 County is going to take the Kendall County Land
15 and Cattle Landfill siting application on
16 February 5th .
17 once that application comes in ,
18 no others can be filed until the County Board
19 makes a decision .
20 If you ' re going to go ahead and
21 do this anyway and let - - and make the biggest
22 decision in the City ' s history that has ever been
23 made , then let ' s get it right and let ' s not do it
24 in a rush to get Fox Moraine to the landfill
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1 finish line first .
2 Fox Moraine can wait . You can
3 do this deal in the light of day on a normal city
4 business schedule where the citizens will know
5 what is properly going on , not trying to sneak it
6 by us like you already tried and failed to do
7 once .
8 ( Applause )
9 MAYOR PROCHASKA : ( inaudible ) so
10 that no one gets any pictures of me with - - I
11 wouldn ' t want to have a picture next to you or
12 anything either I guess , so , you know , if
13 you notice , there is also two County Board
14 representatives standing in that picture also , it
15 was a group , and I ' m sure there is other
16 pictures , but that ' s fine .
17 ALDERMAN JAMES : We ' ve warned you
18 many times , just be careful with the things that
19 you say , the slanderous remarks , because those
20 could come back and haunt you , and it ' s - - just
21 once again I just want to remind you that there
22 are things that are said up here that are
23 slanderous remarks that you made , you know , that
24 I think just might come back to haunt you .
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1 MAYOR PROCHASKA : All right . Ma ' am ,
2 if you would like to speak on the annexation ,
3 please do .
4 WHEREUPON :
5 PATRICIA CORCORAN ,
6 testified before the Yorkville City Council as
7 follows :
8 MS . CORCORAN : Yes . My name is
9 Patricia Corcoran and I have lived for about four
10 years . I am originally from Chicago . I lived
11 in Naperville .
12 MAYOR PROCHASKA : Speak into the
13 microphone , ma ' am .
14 MS . CORCORAN : I ' m sorry . I am
15 originally from Chicago . I ' ve lived in Chicago .
16 We ' ve had some landfills in Chicago as well .
17 I ' ve moved out here .
18 I do like Yorkville . I can ' t
19 understand how you would bring a landfill out to
20 this location , number on .
21 It ' s not - - I am not talking
22 about anything , I am talking about the
23 annexation .
24 MAYOR PROCHASKA : Okay .
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1 MS . CORCORAN : From what I ' ve read ,
2 it ' s been improperly conducted . That ' s for you
3 to decide .
4 But you as elected officials
5 should really back up the residents that are in
6 this room right now .
7 I cannot believe - - First of
8 all , no one should be emotional about it , but I
9 think there is a lot of emotion going on in the
10 City .
11 But I cannot believe as elected
12 officials that you will sit by and let this occur
13 because - - just because of big money , increased
14 revenue , and I am not talking about that , but I
15 understand the motives for why we bring a
16 landfill .
17 MAYOR PROCHASKA : Well , but it ' s the
18 annexation .
19 MS . CORCORAN : It is the annexation ,
20 correct . It was improperly done and that ' s for
21 litigation . I mean , I think that that ' s where
22 this has to go because obviously no one is
23 listening . No one is mediating .
24 We have an attorney for the
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1 City of Yorkville who obviously is on the side of
2 the Fox Moraine Landfill , and it ' s unfortunate .
3 MAYOR PROCHASKA : That ' s - -
4 MS . CORCORAN : And I moved out here
5 thinking it was a very nice community , but if you
6 have - - if we are allowing annexation just to
7 happen in 17 days without anyone just identifying
8 truly the proper process , it ' s incredulous and .
9 it ' s egregious , and I cannot believe that any of
10 you would allow this to go through .
11 If you did it properly and you
12 allowed , you know , for the people to move out
13 from the City of Chicago - - because I think the .
14 potential growth from Chicago out here is
15 tremendous , but I think what has to happen is
16 that more press has to be given in the City of
17 Chicago - - First of all , Chicago wants to dump
18 their waste on us , but I think that some things
19 have to happen so that we go and take all this
20 information back to the city .
21 I work in the city , so I will
22 talk this up as much as I can , because if you
23 allow this to go on , this is ridiculous . You
24 have multiple land sites .
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1 How many more landfills can we
2 have ?
3 MAYOR PROCHASKA : Again , we are
4 talking about the annexation - -
5 MS . CORCORAN : And I understand
6 that .
7 MAYOR PROCHASKA : - - of this
8 particular property . Okay .
9 MS . CORCORAN : And I understand . So
10 from this point on , I will do everything in my
11 power to not have a landfill in Yorkville .
12 ( Applause )
13 MAYOR PROCHASKA : Okay .
14 WHEREUPON :
15 AL HALLIN ,
16 testified before the Yorkville City Council as
17 follows :
18 MR . HALLIN : My name is Al Hallin ,
19 H -A - L - L - I - N . I live in River ' s Edge . You want
20 to keep this short , I would invite all my
21 neighbors and friends here to come down and be
22 real short and say , " We are against the
23 annexation . " Please come down and say the same
24 thing .
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1 ( Applause )
2 MAYOR PROCHASKA : Thank you . Ma ' am .
3 WHEREUPON :
4 JANICE POOLE ,
5 testified before the Yorkville City Council as
6 follows :
7 MS . POOLE : Hi , Council , Mayor . My
8 name is Janice Poole . I am a member of River ' s . :-
9 Edge subdivision , and I want to talk about Sleepy
10 Hollow Road as it concerns the annexation .
11 Why was that road so important ,
12 does everybody know ? Does everybody know why
13 that road was so important ?
14 THE AUDIENCE : No .
I
15 MS . POOLE : Because there is a
16 tributary called Hollenbeck Creek that runs under
17 that road , and if that road is not given to them ,
18 they can ' t put a dump on it .
19 That tributary has to be moved ,
20 and there was a public notice going out which
21 ends this week to review that by the Army Corps
22 of Engineers and the IEPA .
23 I ' ve been working with my
24 husband to try to get people to send in letters
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1 to have a public hearing on that because they
2 plan on moving that tributary to the south - - or
3 is it the south end of their property ?
4 I worry about the future of the
5 Fox River because that tributary empties into
6 Hollenbeck Creek - - empties into the Fox River .
7 MAYOR PROCHASKA : Okay . We are back
8 again - - You need to stay on the annexation
9 again .
10 MS . POOLE : Well , you attached the
11 road to the annexation .
12 MAYOR PROCHASKA : That ' s the
13 agreement , but not the actual annexation , which
14 is what we are speaking - - and actually there
15 will be a public hearing on Sleepy Hollow Road
16 coming up , so it will be discussed then .
17 MS . POOLE : Okay . Thank you .
18 MAYOR PROCHASKA : Someone other than
19 Mr . Gilcrest ? Yes , sir .
20 WHEREUPON :
21 DARREL BROWN ,
22 testified before the Yorkville City Council as
23 follows :
24 MR . BROWN : My name is Darrell Brown
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1 and I live on Highpoint Road , and what I ' m
2 concerned about is when you annex something to
3 the City , it then becomes urban .
4 Is that the intent for the
5 people who are requesting the annexation , that it
6 be urban property ?
7 Can I have an answer on that ?
8 MAYOR PROCHASKA : Actually the
9 annexation is to remain - - the zoning is
10 agricultural , A - 1 . A - 1 .
11 MR . HIKE : A- 1 , but when it comes
12 into the municipality , it ' s not an urban - -
13 MAYOR PROCHASKA : The City of
14 Yorkville does have agricultural zoning . We have
15 several properties that are annexed into the City
16 zoned A - 1 .
17 MR . HIKE : Okay . Thank you .
18 MAYOR PROCHASKA : Mr . Gilmour ?
19 WHEREUPON :
20 TOM GILMOUR ,
21 testified before the Yorkville City Council as
22 follows :
23 MR . GILMOUR : My name is Tom
24 Gilmour , former City resident , 22 years ,
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1 currently county resident for six and a half
2 years .
3 My comment as far as the
4 annexation goes is the perspective that the City
5 of Yorkville has in general not just with this
6 landfill , but in particular this landfill .
7 You people have no compassion
8 for the residents who live in the area or how
9 it ' s going to impact them . It ' s like manifest
10 destiny that whatever the City wants , it should
11 have .
12 The County also has a
13 Comprehensive Plan , and I think there ' s been no
14 consideration for the County in general on this
15 issue as far as oversight - - and I didn ' t bring
16 this topic up , you did , Your Honor - - as far as
17 the City having better oversight and control over
18 the landfill , well , that ' s obviously not the
19 facts comparing the two host agreements . They ' ve
20 already had some band - aids put on this agreement .
21 MAYOR PROCHASKA : Okay . Stay on the
22 annexation , sir .
23 MR . GILMOUR : Okay . And on the
24 annexation , you made a comment of how Yorkville
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1 would be most impacted by the landfill .
2 Millbrook is two miles away . I
3 beg to differ . No . They will be more impacted
4 than the City of Yorkville will be .
5 I think if you want to have
i
6 good neighbors , my motto has always been be a
7 good neighbor , and I don ' t think the City of
8 Yorkville is acting like a good neighbor to the . .,=
9 community at large in any direction .
10 MAYOR PROCHASKA : Thank you .
I
11 ( Applause )
12 MAYOR PROCHASKA : If there is
13 someone else ? Sir .
14 WHEREUPON :
15 SCOTT HARTMAN ,
16 testified before the Yorkville City Council as
17 follows :
18 MR . HARTMAN : Scott Hartman . I am a
19 resident of the Raintree Village subdivision .
20 Quick question . What ' s the
21 current use of that parcel right now ? What are
22 they using it for right now ? Is that being
23 used - -
24 MAYOR PROCHASKA : It ' s got
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1 agricultural zoning in the county .
2 MR . HARTMAN : Is it being used for
3 yard waste ? Is that a yard waste dump currently ?
4 MAYOR PROCHASKA : On a portion .
5 THE AUDIENCE : Yes .
6 MAYOR PROCHASKA : On a portion of
7 that property I believe .
8 MR . PETERSON : I just wanted to have
9 a clear understanding that I had the right parcel
10 in mind here because I ' ve driven by there several
11 times .
12 The annexation that you are
13 presenting right now is for A- 1 . I ' m assuming
14 that A - 1 is appropriate zoning for a landfill
15 dump currently - - I mean , a yard waste dump
16 currently ; is that correct ?
17 MAYOR PROCHASKA : The way the - -
18 Well , the way the state law now deals with state
19 waste is that it ' s sited , and once it ' s sited , it
20 supercedes as far as I know zoning because that ' s
21 one of the issues that we have right now of the
22 application , regardless of what the zoning is
23 they can still apply , so that ' s a good question .
24 MR . HARTMAN : Okay . So under its
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1 current usage , what kind of usage can that
2 property have going forward into the future ? Can
3 it become R - 1 ?
4 MAYOR PROCHASKA : If it was to
5 change zoning , it would have to come back before
6 City Council and they ' d have to go through the
7 process of rezoning public hearings and such
8 before that would happen .
9 MR . HARTMAN : No , my question is can
10 you take an existing yard waste dump and turn it
I
11 into R- 1 zoning past - - post this annexation ?
12 I ' m trying to look at what
13 other types of uses this property can have .
14 MAYOR PROCHASKA : Are you asking
I
15 physically can you do it or can it be done
16 legally ?
17 MR . HARTMAN : Legally and
18 environmentally .
19 MAYOR PROCHASKA : Well , legally they
20 can ask for the zoning . As far as
21 environmentally , I guess that would be up to the
22 environmentalist that would let us know whether
23 that property could be used for that .
24 ALDERMAN WOLFER : I just want to
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1 clear it up a little bit . It ' s the land owner
2 who would apply for whatever he ' s applying for .
3 If he is applying for something that requires an
4 R- 1 , he would have to come and approach us . We
5 cannot go to him and tell him what he must have .
6 MR . HARTMAN : Well , I thought that
7 was the purpose of annexing the property , so we
8 would have control of future use of this
9 property . Is that correct ?
10 MAYOR PROCHASKA : Correct . And if
11 he wants - - if he wants anything else , he would
12 have to request it from the City .
13 MR . HARTMAN : And you don ' t have to
14 honor his request ; is that correct ?
15 MAYOR PROCHASKA : The City never has
16 to give any specific zoning , no .
17 MR . HARTMAN : Okay . What is the
I
18 zoning requirement to become a landfill if you
19 currently are an A- 1 zoning ?
20 MAYOR PROCHASKA : I just said that .
21 By state statute , the statute , the application
22 supercedes all zoning , so it could be in any
23 zoning .
24 MR . HARTMAN : Okay . All right . If
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1 you really want - - if you really do annex this
2 property as A - 1 and you really want to control
3 it , the first thing I think the City should do is
4 force the owner to clean up the existing mess .
5 It ' s an eyesore and it ' s a
6 stench and it ' s not beneficial for Kendall County
7 as it is at this point in time . It definitely
8 will not be any benefit to this entire community':
9 in the future as a 500 - foot dump .
10 MAYOR PROCHASKA : Thank you .
11 MR . HARTMAN : Thank you .
12 ( Applause )
13 MAYOR PROCHASKA : Is there someone
14 else ?
15 WHEREUPON :
16 GLEN POOLE ,
17 testified before the Yorkville City Council as
18 follows :
19 MR . POOLE : My name is Glen Poole
20 and I am a resident of Yorkville in the River ' s
21 Edge subdivision .
22 And the driving force here - -
23 I ' ll make my comment first , my comment is I am
24 against the annexation and the vacation of Sleepy
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1 Hollow Road , and I ' ve been going to a lot of
2 these meetings over the last four or five months ,
3 not all of them , so I have missed some , but the
4 driving force , you know , I am hearing from the
5 City Councilmen and you , sir , as our Mayor , is
6 you want control over this , and I believe , unless
7 my memory is wrong , our Council lawyer here ,
8 Mr . Derke , at one of the meetings prior to this , a
9 month or so ago said , you know , if there is
10 violations , we go to the City , the City , if they
11 don ' t take care of it , we have to get our own
12 lawyer to take care of debris flying out of
13 trucks , whether they bring it in by rail flying
14 out . I believe that was - -
15 MAYOR PROCHASKA : We ' re - - Well ,
16 that ' s off the point of the annexation . Stay on
17 the annexation .
18 MR . POOLE : Okay . But the whole
19 driving force of the annexation that I am hearing
20 is control , and in all honestly , I don ' t believe
21 even Mr . Hamman can control that landfill if it ' s
22 put in place 24x7 , 365 days a year . I don ' t
23 believe any of us can control what goes on in
24 that landfill , so I am dead against it .
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1 MAYOR PROCHASKA : But we ' ve got to
2 stay on the annexation because we are getting off
I
3 the subject .
4 MR . HARTMAN : Yes , sir . Okay . I
5 disagree with that , and Dean is a resident in
6 River ' s Edge , and this past Saturday , if I can
7 speak for my subdivision , a majority of the
8 people , I went to the homeowners in the morning . ,
9 in the back half of the subdivision , I talked to
10 over 90 people , and I didn ' t get one person that
11 said they wanted the annexation . Thank you .
12 MAYOR PROCHASKA : Thank you . Ma ' am .
13 You didn ' t want to speak ? Okay . Is there - -
14 yes , ma ' am .
15 WHEREUPON :
16 MARY KRASNER ,
17 testified before the Yorkville City Council as
18 follows :
19 MS . KRASNER : My name is Mary
20 Krasner . Art , you are limiting this to the
21 annexation . How is an annexation enacted within
22 the City ? Is there typically an annexation
23 agreement that goes with the ordinance ?
24 MAYOR PROCHASKA : The annexation
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1 agreement , yes , it was - - that was voted on back
2 in September .
3 MS . KRASNER : At the same time as
4 the ordinance annexing the property ?
5 MAYOR PROCHASKA : Correct .
6 MS . KRASNER : At the meeting in
7 September . Do you have an annexation agreement
8 available this evening to be reviewed in relation
9 to the petition ?
10 MAYOR PROCHASKA : I do not have it
11 with me right here , no .
12 MS , KRASNER : Okay . In the earlier
13 public hearing - -
14 MAYOR PROCHASKA : We can get it .
15 MS . KRASNER : Well , we did try last
16 time and we finally received one very much later .
17 We weren ' t able to get one the evening of the
18 annexation at the public hearing or subsequently
19 probably for a couple of months .
20 My question is you are saying
21 tonight that this is just about the annexation ,
22 bringing it in as A- 1 .
23 The last time there was a
24 public hearing you said it was not about a
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1 landfill , it was only about bringing the property
2 in as A - 1 zoning .
3 However , your annexation
4 agreement has a specific provision on City
5 assistance which says the City agrees to
6 cooperate and provide any reasonable assistance
7 requested by an owner in applying for and
8 obtaining any and all approvals or permits
9 necessary for the development of the subject
10 property , including , but not limited to , then
11 there is a number of governmental bodies .
12 The City further agrees to
13 reasonably cooperate with the owner in obtaining
14 all permits and approvals required by the County
15 of Kendall and all governmental units in
16 connection with the eventual development of the
17 subject property .
18 MAYOR PROCHASKA : And I believe - -
19 MS . KRASNER : And then it says the
20 owner contemplates the establishment of a
21 landfill on the subject property and , therefore ,
22 the City agrees to adopt and keep in effect a
23 Host City Agreement for the subject property .
24 City shall adopt any required
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1 ordinances to cause a vacation of that portion of
2 Sleepy Hollow as follows .
3 So that was in your annexation
4 agreement before , and my question is this .
5 MAYOR PROCHASKA : Okay .
6 MS . KRASNER : Last time you said - -
7 and a number of alderpeople said - - we ' re not
8 talking about the landfill , all we ' re talking
9 about is bringing this property in on zoning as
10 A - 1 , but , in fact , you already had negotiated an
11 annexation agreement specifically - - in which you
12 specifically say you would work with them to get
13 a landfill and which you specifically agree to
14 vacate Sleepy Hollow Road .
15 MAYOR PROCHASKA : That ' s the issue .
16 That was in there , yes .
17 ( Applause )
18 MAYOR PROCHASKA : However , if I may
19 answer your question , the first part ?
20 MS . KRASNER : Is there a similar
21 provision in your present annexation agreement ,
22 and , if not , why would you like an agreement like
23 that if you weren ' t agreeing to bring in a
24 landfill ?
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1 MAYOR PROCHASKA : The very first
2 part of the annexation agreement is common in
3 annexation agreements . I believe you will find
4 that in a number of annexation agreements where
5 we talk about working to get easements , and it
6 may be stated differently here and there , but it
7 is basically the idea of working on getting the
8 right - of - ways , working with the groups , the EPA , :
9 all of those things .
10 The subdivision that you are
11 doing has very similar language in there also .
12 At the very - - at the end of that statement , they
I
13 did say that they are contemplating the landfill ,
14 and - - but again , that first part is for any
15 development that would happen on that property ,
16 as would be any other - - any other property that
17 would come into the City .
IS MS . KRASNER : That ' s true , but
19 typically the next sentence doesn ' t specifically
20 state that the owner contemplates the
21 establishment of a landfill on the subject
22 property .
23 MAYOR PROCHASKA : Okay .
24 MS . KRASNER : And the question again
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1 is that evening at the public hearing you were
2 saying we ' re not talking about a landfill , we ' re
3 not contemplating a landfill , we ' re not
4 suggesting a landfill , we are only talking about
5 A- 1 zoning .
6 That ' s somewhat we are being
7 told again tonight , but your annexation agreement
8 had something different .
9 MAYOR PROCHASKA : What was stated
10 was that the meeting was for the purpose of
11 annexation . There was no - - At that point in
12 time and tonight , there is no approval of any
13 landfill . This is not .
14 Yes , they have indicated their
15 proposed use of the property , but it does not - -
16 that annexation agreement does not give any
17 approval to that use at all .
18 MS . KRASNER : It says the City
19 agrees to adopt and keep in effect a host city
20 agreement for the subject property .
21 MAYOR PROCHASKA : A host agreement
22 in the event that that should happen , that is
23 different , yes . But that is not - - that still is
24 not an approval of a landfill . It was about the
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1 annexing of that property .
2 And if we had not said
3 anything - - and again , we are back to the talk
4 about annexation - - if nothing had been said and
5 everybody knew it was there anyway , then to me
I
6 there was - - if it wasn ' t said , it would be an
7 issue ; if it was said , it would be an issue .
8 We erred on I guess if you will
9 on the side of saying make sure that it is - -
10 people are aware that this is what the owners are
11 contemplating , but that agreement is for the
12 annexation of that property .
13 MS . KRASNER : What we have been told
14 by alderpeople in talking to them is that they
15 feel obligated - - because you agreed
16 contractually in the annexation agreement to
17 execute a Host City Agreement , that they felt
18 obligated that you had to go forward with the
19 Host City Agreement and the landfill , so I am
20 just making comment - -
21 MAYOR PROCHASKA : Well , I don ' t - - I
22 don ' t see that , that ' s not part of that at all .
23 MS . KRASNER : It ' s not just
24 zoning - - it ' s not just an issue of bringing this
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1 in under A- 1 zoning , you are entering into
2 separate agreements , and at the same evening , the
3 same evening as you executed that annexation
4 agreement , you executed the host agreement - -
5 MAYOR PROCHASKA : The host city
6 agreement , correct .
7 MS . KRASNER : - - which had a lot of
8 very specific terms , and I think everyone should:
9 be advised of that because last time I left
10 thinking okay , this is still an open issue and we
11 haven ' t seen an annexation agreement , they really
12 are just talking about bringing it in as A - 1
13 possibly , but , in fact , you had already
14 negotiated other terms .
15 MAYOR PROCHASKA : There is
16 nothing - -
17 MS . KRASNER : Is there a provision
18 like that in this new agreement ?
19 MAYOR PROCHASKA : It is the same
20 agreement .
21 MS . KRASNER : It is the same . That
22 was my question . Thank you .
23 ( Applause )
24 MAYOR PROCHASKA : Okay . Thank you .
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101
1 Is there someone else ?
2 WHEREUPON :
I
3 RICH JEFFERS ,
4 testified before the Yorkville City Council as
5 follows :
6 MR . JEFFERS : Hi . My name is Rick
7 Jeffers . I am also in River ' s Edge . Am I
8 correct in my understanding that a landfill can , --
9 only exist within City limits , is that a - -
10 MR . WYETH : County ,
11 MAYOR PROCHASKA : Actually the
12 County ordinance is the opposite , but that ' s - -
13 again , that ' s beyond tonight ' s annexation .
14 MR . JEFFERS : Well , you keep saying
15 that , but I mean - - and you ' ve been through this
16 process once . I am a very new resident , been
17 here a couple months , and as I understand it this
18 process has taken place once and because of the
19 Newark Library District we have to have another
20 set of hearings . Is that correct ?
21 MAYOR PROCHASKA : There will be a
22 whole set of hearings based on the application .
23 MR . JEFFERS : Right . But we ' ve been
24 through this once , right , as far as having
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1 hearings on the annexation ?
2 MAYOR PROCHASKA : There was , yes .
3 This is actually voluntary by the Council for
4 this particular hearing . It ' s a voluntary
5 affair .
6 MR . JEFFERS : Good thing to do . I
7 thought that it can only exist within the City
8 limits , a landfill , so I ' m - - so if the land is , -
9 not annexed by the City , then the landfill could
10 still be established ; is that correct ?
11 MAYOR PROCHASKA : Yes . Yes , sir .
12 MR . JEFFERS : And the County would
13 just - - the revenues would go to the County as
14 opposed to the City as far as the taxes ?
15 MAYOR PROCHASKA : Well , there is a
16 number of things . If it is not annexed into the
17 City , then all jurisdiction falls to the County .
18 MR . JEFFERS : I understand . Okay .
19 And I know you keep saying this is only about the
20 annexation - -
21 MAYOR PROCHASKA : Correct .
22 MR . JEFFERS : - - but because of what
23 has happened previous to this the cat ' s out of
24 the bag that - -
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1 MAYOR PROCHASKA : Absolutely , okay .
2 MR . JEFFERS : - - the intent for that
3 property is for a landfill .
4 MAYOR PROCHASKA : The application
5 has been filed , correct .
6 MR . JEFFERS : So it ' s very difficult
7 to separate the two , and all the neighbors that
8 I ' ve spoken to , we would urge you not to annex
9 this property because as I understand it the
10 County has their sights somewhere else for a
11 landfill and if not - - if blocking annexation to
12 that property means we don ' t get a landfill , then
13 we urge you to not annex that property .
14 MAYOR PROCHASKA : Okay . Well - - and
15 just so - - For the people who said I ' ve never
16 heard that in a meeting , here it is . I just
17 heard it here tonight .
18 ALDERMAN WOLFER : I have a question ,
19 and cut me off if I am stepping across the line ,
20 but you ' re saying that if we don ' t - - that this
21 is being applied for by an individual , he can
22 apply to the City , he can apply to the County , he
23 can apply anywhere he wants to .
24 MR . JEFFERS : I understand that .
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1 MAYOR PROCHASKA : If we do not do
2 this annexation , he can still apply to the
3 County . The County can have more than one
4 landfill .
5 MR . JEFFERS : And I understand that
6 as well . I would think - -
7 ALDERMAN WOLFER : So there is no
8 guarantee that it wouldn ' t be there .
9 MR . JEFFERS : Right , but if I was
10 placing my bets , I would bet it wouldn ' t happen
11 if the City does not annex it , so , therefore , I
12 am urging you not to vote for the annexation .
13 Thank you .
14 ( Applause )
15 MAYOR PROCHASKA : Thank you . Is
i
16 there someone else that would like to speak on
17 the annexation ? Yes , ma ' am .
18 WHEREUPON :
19 JUDY GILMOUR ,
20 testified before the Yorkville City Council as
21 follows :
22 MS . GILMOUR : Judy Gilmour . I
23 wanted to talk about something that I read in the
24 Beacon News this week . There was a comment that
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1 said the attorneys hired by the City have advised
2 the aldermen to sign off on the land and road
3 deals a second time .
4 Attorney Derke Price goes on to
5 say in that same article that the prudent thing
i
6 is to stay the course .
7 Why is he asking you to stay on
8 a course that is flawed and has led to so many
9 problems ?
10 I would like to know what
11 course he you wants you to stay on . The course
12 that you have been advised to follow by these
13 attorneys has not been met with public approval
14 and it has only led to legal mishaps .
15 You ' ve been advised the things
16 you have done are against Illinois State Statutes
17 and that you are not following proper procedure .
18 The Illinois Attorney General ' s office had said
19 it will be investigating .
20 Shouldn ' t this be sending up
21 red flags that something is amiss ?
22 The entire annexation process
23 itself , including the annexation agreement , is
24 questionable .
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1 When you are told to stay the
2 course , you are following a route that will
3 eventually lead you into the courts where matters
4 will finally be decided .
5 Will it take a court order from
6 a judge to force the City to follow the proper
7 procedures and follow the law ?
8 The people of this community
9 expect their public elected officials to do the
10 right thing . Soon you will have a second chance
11 to vote in the matter of annexation to bring the
12 landfill into the City and whether or not to
13 vacate Sleepy Road - - Sleepy Hollow Road .
14 The people that you see here in
15 this meeting tonight are putting their trust in
16 you not to be intimidated by the words of these
17 attorneys who tell you to stay the course .
18 Yes , there will no doubt be
19 lawsuits and legal challenges , but if you do the
20 right thing for the people of this town , you will
21 have nothing to fear .
22 ( Applause )
23 MAYOR PROCHASKA : Okay . Is there
24 someone else ? We are - - There is another public
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1 hearing to follow for the actual Sleepy Hollow
2 Road , so that ' s a separate one that we will be
3 addressing here shortly , so if there is any more
4 comments on this annexation - - yes , ma ' am .
5 WHEREUPON :
6 LYNN TRIBETOF ,
7 testified before the Yorkville City Council as
8 follows :
9 MS . TRIBETOF : Good evening ,
10 Mr . Mayor , and all the aldermen . My name is Lynn
11 Tribetof ( phonetic ) . I am a new citizen here
12 about a year old and I am - - I am from a
13 communist country in Viet Nam and so my English
14 is very limited , so please bear with me . I ' m
15 going to be very short .
16 I don ' t know if the issue is
17 being discussed , but I realize this . Look at all
18 the people here , of their concern of the
19 well - being of the future of our children of the
20 community and of you too , of your familiar , too ,
21 Mr . Mayor , so please in my country in communist
22 Viet Nam , the leaders doesn ' t listen to the
23 people . They don ' t . They do whatever to control
24 the power . This is eager and hunger for power
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1 regardless of the consequences , and the - - the
2 consequences are the people , so please I would
3 like to see my leader and the leader of my
4 children , of my neighbors , of my friends , listen
5 to their voice , because they vote you , so please
6 I am asking you to disapprove of whatever people
7 who are placing you disapprove of the annexation
8 vacation .
9 Thank you .
10 ( Applause )
11 MAYOR PROCHASKA : Thank you . Ma ' am .
12 WHEREUPON :
13 PATRICIA GILSON ,
14 testified before the Yorkville City Council as
15 follows :
16 MS . GILSON : My name is Patricia
17 Gilson and I am , too , a resident of River ' s Edge .
18 I consider myself a simple person . I am a
19 housewife for 34 years , I ' ve raised three
20 children .
21 I consider myself a newcomer to
22 Yorkville in that I have lived only here for four
23 years , but I am certainly not unaware and
24 unfamiliar with Yorkville . It was there that I
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1 had the dealings with many of the people of
2 Yorkville through the kid ' s clubs . I remember
3 how impressed I was with the Countryside - -
4 country - like setting and the strong community
5 spirit . The people were unbelievably bound
6 together . It was - - It was always an amazing
7 thing to me .
8 But now after this first
9 annexation there is a huge cut in this community
10 and it is bleeding and it is bleeding very bad
11 blood . It is bleeding lies , deceptions , rumors ,
12 all sorts of things .
13 I have always told my children
14 that if I have found out that they were lying to
15 me , the punishment would be three times worse
16 than it was if they told me the truth .
17 I taught my children that when
18 they did something wrong they should stand tall ,
19 take their licks , and do whatever they could to
20 right the wrong .
21 Your Honor and Councilmen , you
22 have done wrong and your community has caught
23 you .
24 You must stop the bleeding .
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I You must now stand tall , take your licks , and do
2 whatever it takes to make it right .
3 You can make it right by voting
4 against the annexation and the vacation of the
5 road .
6 Look around you . This is not
7 just a handful of people as quoted . This is your
8 community and it ' s speaking to you . Listen to
9 them .
10 ( Applause )
11 MAYOR PROCHASKA : Thank you . Is
12 there anyone else who has not yet spoken that
13 would like to speak ?
14 WHEREUPON :
15 CARLO COLOSIMO ,
16 testified before the Yorkville City Council as
17 follows :
18 MR . COLOSIMO : Yes , sir . Thank you ,
19 Mr . Mayor , and thank you , members of the City
20 Council , for allowing us to speak tonight .
21 My name is Carlo Colosimo and I
22 am a resident of Elizabeth Street in the First
23 Ward .
24 You are asking today the
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1 question - - I ' m only going to talk about
i
2 annextion , I ' m not even going to mention the L
i
3 word here .
4 You keep asking today why
5 should we - - why should we annex , why shouldn ' t
6 we annex , this is a public hearing , what ' s our
7 opinion .
8 I have a business here in
9 Yorkville , I live in Yorkville , but I ' m also an
10 adjunct instructor at Kishwaukee Community
11 College where I teach political science , and it ' s
12 unfortunate that I have to give a political
13 science lecture at a City Council meeting . I
14 feel like I ' m in front of my class .
15 However , the reason you need to
16 vote against the annexation is because we said
17 so .
18 We live in a republic , we don ' t
19 live in a democracy in the United States , and
20 when I tell - -
21 ( Applause )
22 MR . COLOSIMO : And when I tell
23 people that in my classroom sometimes they look
24 at me kind of funny because they all think we
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1 live in a democracy .
2 If we lived in a true
3 democracy , what would happen with this
4 annexation , all of us would vote . Every single
5 person would have a vote . We would vote and I
6 think the outcome would be clear .
7 But we don ' t live a democracy ,
8 we live in a republic , and in a republic we elect
9 our representatives , and you are our
10 representatives .
11 We don ' t elect you to vote your
12 whim , your own personal opinions . We elect you
13 to vote the voice of the people , and the people
14 have clearly spoken as to the annexation .
15 You are to vote no on this
16 annexation because we have asked you to . We are
17 your contituents , you represent us , and it ' s not
18 the other way around .
19 Furthermore , let ' s not forget
20 that there are two votes ; there is one for the
21 annexation and then there is one on April 17th .
22 How you vote for the annexation
23 will determine how we vote on April 17th in the
24 election .
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1 ( Applause )
2 MR . COLOSIMO : Furthermore , these
3 are supposed to be public hearings where citizens
4 have the opportunity to stand up and give their
I
5 personal opinions as to the issue of the day , and
6 today we are talking about the annexation , and to
7 have a City Council member throw out veil threats
8 to a citizen of this - - of this community when
9 they speak their mind is - - it ' s disgraceful , and
10 I would just like to say that .
11 Thank you .
12 ( Applause )
13 MAYOR PROCHASKA : Is there anyone
14 else that has not yet spoken and would like to
15 speak ?
16 ALDERMAN SPEARS : May I address some
17 of his statements ?
18 MAYOR PROCHASKA : Pardon ?
19 ALDERMAN SPEARS : May I address some
20 of his statements ?
21 MAYOR PROCHASKA : Absolutely .
22 ALDERMAN SPEARS : First of all ,
23 thank you for your statements . I realize that
24 you are also running for office , and I wish you a
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1 lot of luck , but I think your reasoning for us to
2 vote against the annexation agreement based on
3 this is what the people want , I would strongly ,
4 strongly , disagree that that would be the main
5 reason .
6 My reason for voting against
7 this annexation agreement is clearly we did not
8 follow the law .
9 They performed a breach of
10 contract with this annexation agreement . They
11 also had in the original annexation agreement
12 vacation of Sleepy Hollow Road .
13 I presented everybody with the
14 state statute indicating that that could not be
15 in that document .
16 We received a letter from the
17 attorney , the petitioner ' s attorney , stating that
18 it was a notice of material breach of annexation
19 agreement with North Star Trust Company .
20 We were also told that we could
21 be sued , the City could be sued , for breach of
22 contract .
23 My comments and my response
24 last week - - and I ' ll repeat the same comments - -
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1 we received another letter from Attorney
2 Philipchuck indicating that he ' d like to have
3 this - - place this attached new petition for
4 annexation on the agenda .
5 My comments at that time was I
6 wanted public hearing , I wanted library
7 representatives to be present , I wanted to hear
8 their concerns .
9 I did attend another landfill
10 meeting that was hosted by Fox Moraine on
11 November 8th . The Newark Library director got up
12 and she voiced her concern , a great concern , that
13 they would lose revenue due to land being annexed
14 to the Yorkville landfill , and that was from the
15 Library District . I have not had the opportunity
16 to speak with her since .
17 The attorney that is up there
18 right now who is representing the petitioner from
19 Ottawa was very rude to this individual and said
20 that you probably wouldn ' t realize more than a
21 hundred dollars , and then he also requested her
22 to bring in actual figures to him .
23 I don ' t know , did you ever have
24 that meeting with the librarian ?
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1 MR . MUELLER : No . ( indicating ) .
2 ALDERMAN SPEARS : No . Okay .
3 I have many concerns . My
4 concerns are I don ' t think the Council should
5 even consider approving this annexation agreement
6 because it is full of legal faults , Sleepy Hollow
7 Road being one of them . That does not belong in
8 here . That is a separate issue . And I don ' t
9 appreciate our City being threatened with
10 liability if that were removed .
11 Also , I do have some revisions
12 that I would like our City to present to Attorney
13 Philipchuck . These are revisions to the host
14 agreement , and this is in accordance with
15 Alderman Wolfer ' s inquiry to Attorney Philipchuck
16 on January 16th during our Committee of the Whole
17 meeting , and he asked if the petitioner would
18 accept revisions to the host agreement and
19 Attorney Philipchuck indicated that yes , he would
20 take the revisions to the petitioner .
21 I ' m not sure whether Alderman
22 Wolfer has submitted his revisions , but I . too ,
23 have several here and I would like to officially
24 submit these and I would like to have a response
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1 whether these are going to be considered for the
2 host agreement , and I would also like to have
3 other - - encourage other aldermen to please
4 submit - - after reviewing the County ' s host
5 agreement and ours , I think that it would be very
6 important if you had any concerns or thought that
7 we could improve the agreement to submit them now
8 before this whole process begins once again
9 regarding the annexation of this property .
10 ( Applause )
11 ALDERMAN WOLFER : May I answer your
12 question ? I submitted mine .
13 ALDERMAN SPEARS : Okay . And I would
14 request that all of mine get distributed to all
15 of the Counsel and I would like to request a copy
16 of yours as well since we are going to be - -
17 MAYOR PROCHASKA : He said they were
18 submitted to the attorney , so - -
19 ALDERMAN SPEARS : Our City attorney ?
20 MAYOR PROCHASKA : Yes .
21 MR . WYETH : They were submitted to
22 Attorney Price for review .
23 ALDERMAN SPEARS : Okay . And I have
24 these here I would like to submit .
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1 MAYOR PROCHASKA : It would be
2 submitted to our attorney .
3 ALDERMAN SPEARS : No , I believe he
4 asked Attorney Philipchuck if they would accept
5 it when he was standing up there .
6 Okay . Could we pass them on to
7 Attorney Price , please ? And I would request
8 copies of all the other ones . Thank you .
9 ALDERMAN LESLIE : Mr . Mayor ?
10 MAYOR PROCHASKA : Okay . Yes , sir .
11 We do need to - -
12 ALDERMAN LESLIE : Yes , I know . I
13 just want to - - I haven ' t seen that until tonight
14 and your comment , I didn ' t know that - -
I
15 THE AUDIENCE : I can ' t hear you .
16 ALDERMAN LESLIE : I ' m sorry . I
17 wasn ' t aware of the fact that the annexation
18 agreement would be the same . It was a bit up in
19 the air .
20 Having heard that , I just want
21 to reiterate my concern and my dismay of the
22 containment of the vacation of Sleepy Hollow Road
23 within the annexation agreement .
24 There ' s a bunch of you that
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1 have been to the meetings , you ' ve probably heard
2 it three or our times . My personal opinion ,
3 given the disparity between the required votes
4 and the fact that , as Alderman Spears mentioned ,
5 it ' s a separate ordinance and we will be
6 discussing it next , I have a real problem with
7 the fact that it ' s contained within the
8 annexation agreement .
9 I asked , in fact , last - - I
10 asked Mr . Philipchuck if he would remove that in
11 terms of the annexation agreement at the last
12 meeting we had - - and , Rose , you can probably
13 help me on the date , I ' m sure you have it written
14 down - - to date I haven ' t seen that , but that was
15 a real concern of mine .
16 It was one of the measures that
17 led to a no vote in terms of the annexation on my
18 part , and to date the feeling just holds the same
19 as it has historically .
20 So just for the record , the
21 annexation agreement , correct me if I am wrong ,
22 required a two - thirds vote , it also included the
23 Mayor , in fact , as spoken by the Mayor , a
24 vacation vote has a requirement of three - quarters
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1 vote of the present aldermen , and it ' s a fact
2 that not only is there a likelihood or a
3 possibility of disparity , in fact , there was a
4 disparity within the vote , and that curtailed on
5 to the next item , being the vacation of the road .
6 That ' s the one that I was
7 personally pulled in the middle of and that ' s why
8 I would like it removed from the annexation
9 agreement .
10 That ' s all I have to say .
11 Thank you .
12 ( Applause )
13 MAYOR PROCHASKA : It seems like we
14 are starting to get more and more on the Sleepy
15 Hollow discussion and what I ' d like to do is
16 finish up any last comments there would be on
17 this and then - - so we can move on to Sleepy
18 Hollow .
19 George , if you want to come
20 down , and Alderman Burd if you would like .
21 ALDERMAN BURD : Just real quickly , I
22 would like to pass out some substantiating
23 information on why the annexation agreement could
24 be seen as being breached , some legal precedent
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1 supporting Alderman Spears ' position and why we
2 should have the ability to renegotiate .
3 If the majority of the aldermen
4 want to stay the course and continue with this ,
5 we should still look at this and try to get us a
6 better position . Pass this out .
7 ( Applause )
8 ALDERMAN BURD : I ' d also like to
9 comment real quickly on I think we need to
10 consider the times that we have gotten legal
11 advice if we look over this whole situation from
12 the very beginning that was not good legal advice
13 and why we have to use our own best judgment , not
14 always just rubber stamp what our attorneys tell
15 us .
16 I know we are paying good money
17 for this advice , but , you know , we have to use
18 some common sense here , too .
19 The people are not electing
20 these attorneys to represent them , they are
21 electing their aldermen - -
22 ( Applause )
23 ALDERMAN BURD : - - and I want to say
24 on one little point , I do disagree with Alderman
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1 Spears .
2 I do very strongly believe that
3 we are supposed to represent the people of the
4 community . Maybe it ' s the political science
5 background that I share with this gentleman , but
6 that ' s what was drummed into me , too .
7 We have to use our own common
8 sense , but we also have to listen to these people
9 because they are the ones that we were elected to
10 serve , so I do agree with that .
11 ALDERMAN SPEARS : I would like to
12 clarify - -
13 ( Applause )
14 MAYOR PROCHASKA : Okay .
15 ALDERMAN SPEARS : May I - - May I
16 address that ? I ' d like to clarify something .
17 That is not what my statement - - That was not the
18 intent of my statement .
19 What I was trying to relay was
20 when this gentleman asked that we just vote
21 against the annexation agreement solely based on
22 what these representatives are asking us to do - -
23 and I am fine with that - - however , due to the
24 legal problems we are encountering , I think
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1 that ' s justification to vote against the
2 annexation agreement .
3 While I agree with many people
4 when they are before us and what they do present
5 to us , that cannot be the basis for voting
i
6 against an annexation agreement , but the legal
7 problems that we encountered would be the
8 greatest , greatest asset for us and assist us in :
9 voting this down .
10 ( Applause )
11 MAYOR PROCHASKA : Okay . George , I
12 think you are the last person that wants to speak
13 on this , so we can move on .
14 MR . GILSON : Okay . Two comments .
15 First of all , Dean , you asked about legal
16 opinions . On January 17th , okay , I spoke to the
17 Illinois State ' s Attorney , Eric Weis , in regards
18 to this situation , and the following was in the
19 conversation I had with him .
20 He said that he agrees the City
21 has improperly annexed the property and vacated
22 the road procedurally , but he is not allowed to
23 step in .
24 If asked advice by the City , he
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1 will tell them that he has to have everything put
2 before him and their actions to this point and he
3 will give an opinion .
4 Have you done that yet ?
5 MAYOR PROCHASKA : The attorney has
6 been in contact with him , I don ' t - -
7 MR . WYETH : First I heard about
8 it - - please allow me to answer , thank you . I
9 did speak with Attorney Weis today and he has
10 informed me that - - before today , but I spoke to
11 him again today and he told me about his
12 conversation with you , and he is here , he can
13 speak for himself .
14 UNIDENTIFIED AUDIENCE MEMBER :
15 Please .
16 MR . WYETH : The point is there is a
17 lot of complicated issues revolving around this .
18 My course of action was to wait until tonight
19 concluded in order to gather one more time
20 everyone ' s comments and then be ready to inform
21 this Council what thle legal ramifications are of
22 their actions .
23 On a personal note , the easiest
24 thing for me to say would be don ' t annex and put
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1 this all behind , so we ' d have all this behind us
2 and let the County deal with it . That would be
i
i
3 my personal preference .
4 ( Applause )
5 MR . GILSON : That ' s what we ' re
6 asking .
i
7 MR . WYETH : Those of you that know
8 me well - - and the many , many other score of
i
9 people who are not here tonight who know me
10 well - - know that I will give my best , best
11 judgment .
12 ( Applause )
13 MR . GILSON : Very good .
14 MR . WYETH : Jen , you know that . So
15 I can double - check that , and I do want to reach
16 out and speak with other attorneys . I would
17 welcome it .
18 UNIDENTIFIED AUDIENCE MEMBER : I
19 know that , too .
20 MR . WYETH : It will involve a legal
21 analysis what has happened , what could happen and
22 what is called a risk benefit analysis , i . e . ,
23 some things , while they may be popular to my
24 clients , are not the right thing to do because of
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1 potential outcomes . All of that will go into
2 what will be a very careful and reasoned
3 analysis .
4 I will also consult with
5 Attorney Price so I can double - check that , as I
6 do often , to reach out and speak with other
7 attorneys .
8 MR . GILSON : But there is an issue . ;:
9 right there , John . Can I stop you right there ?
10 MR . WYETH : No . I am not done .
11 MR . GILSON : You ' re going to consult
12 with Derke Price - -
13 MR . WYETH : Excuse me . The fact
14 that someone disagrees with what is any
15 attorney ' s opinion is well understood .
16 Attorneys aren ' t here to be
17 pleasers . They are here to do their best in
18 order to give the best judgment objectively ,
19 unemotionally .
20 I - - As I said earlier , if - -
21 the easiest thing would be to advise this Council
22 don ' t vote , kick it back into the County . That
23 would be an easy thing to do . Personally , that
24 would allow me to sleep better at night . But the
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1 fact is - - and I ' m not giving any opinions
2 tonight , by the way .
3 Mr . Gilson , you know that I
4 have been the City Attorney for months now . You
5 never called me .
6 MR . GILSON : I don ' t need to call
I
7 you . I have voiced my opinions to these aldermen
8 and they should voice that to you . That ' s the .
9 whole name of the game , isn ' t it ?
10 MR . WYETH : My point is , if you have
11 important legal information , I ' m the one you
12 should be talking to about it .
13 MR . GILSON : Mr . Wyeth , all I have
14 to do is talk to my local representatives - -
15 MR . WYETH : And I am the filter . I
16 get cases handed to me in the middle of a
17 meeting .
18 MR . GILSON : That ' s your job , to
19 work through that filter , but I am not here to
20 debate that with you , okay ?
21 MR . WYETH : The point is is that I
22 am not going to render an opinion tonight . I
23 will render an opinion . I have talked to the
24 State ' s Attorney . I talked to the Attorney
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1 General - - I want to correct one thing earlier .
2 The Attorney General has issued a letter saying
3 they will not weigh in on this . That was in the
4 paper last week .
5 MR . GILSON : And I ' d like to comment
6 on that , too , when you are done . I read the memo
7 as well that he is talking about , I am very
8 familiar with it , and , Mr . Wyeth , if you ask the '-
9 right questions to the Attorney General , you will
10 get the answers to which you seek . That ' s all I
11 need to say about that .
12 And the other question - - The
13 other thing I want to point out is Aristotle said
14 the only true way to put a check and balance on
15 procedural errors in a situation is for those who
16 have been directly affected by the improper
17 procedures to litigate , and by not annexing - - by
18 agreeing to annex this property and vacating this
19 road , that ' s what you are inviting , is that
20 litigation , and that ' s what we are asking you not
21 to do .
22 MAYOR PROCHASKA : Okay . All right .
23 At this point , if there is any other - - We do
24 need to get going . The School District has asked
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1 that we be out of here by 10 : 00 . We have one
2 more public hearing .
3 ALDERMAN WOLFER : I just wanted to
4 invite the State ' s Attorney to come down . This
5 man is speaking for you , he says he talked to
6 you , I would like to hear what you have to say .
7 WHEREUPON :
8 ERIC WEIS ,
9 testified before the Yorkville City Council as
10 follows :
11 MR . WEIS : I ' ll be very brief . Eric
12 Weis . I am the State ' s Attorney for Kendall
13 County . I do live in Yorkville , 455 East
14 Barberry Circle , for the record .
15 Just so it ' s clear - - and I
16 will be very brief - - I did speak with
17 Mr . Gilson - - it is Gilson , correct - - on the
18 phone I believe it was the 17th .
19 I informed Mr . Gilson , and I
20 have spoken with Mr . Wyeth on - - John , I can ' t
21 tell you how many occasions probably since this
22 has occurred , multiple occasions .
23 I appreciate Mr . Wyeth ' s
24 forthcoming , I appreciate his candor , his honesty
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1 in speaking with me and being upfront and direct
2 in things with me , and I hope I have been with
3 him .
4 As I spoke with Mr . Wyeth
5 today , and as I believe I spoke with Mr . Gilson
6 on Monday , I want to make sure the record is
7 perfectly clear , I will not render an opinion on
8 whether or not you should annex this property , ,
9 whether or not it ' s been annexed property , at any
10 point prior to a vote on this procedure .
11 There are very limited
12 circumstances in which the State ' s Attorney ' s
13 office or the Attorney General for the State of
14 Illinois get involved in matters that involve a
15 city annexation process or a vacation of a
16 roadway .
17 I understand that those are
18 very hot topics right now . I am a resident of
19 Yorkville , but I also represent the Kendall
20 County Board and the people of Kendall County as
21 the State ' s Attorney .
22 I must follow that capacity and
23 I must stay that - - hate to use the word - - stay
24 that course . It ' s my job to provide that legal
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1 advice to the County . It is not my job to
2 provide legal advice to the City of Yorkville ,
3 and I cannot ethically do so .
4 Laws governing attorneys
5 prohibit me from giving advice to those who I do
6 not represent unless specifically given that
7 authority under state law .
8 So in answer to Mr . Gilson ' s .
9 question - - and I did speak to him for probably
10 almost an hour regarding several issues that
11 would come up in several letters that had been
12 addressed to me - - I will not render an opinion
13 regarding that .
14 I believe it would be improper
15 for me to render an opinion as to the annexation ,
16 annexation agreement , or any type of vacation of
17 the roadway .
18 If that issue at some point
19 after a vote - - if a vote occurs - - is brought
20 forth to me pursuant to a specific state statute ,
21 I ' ll have to address it at that point , but that
22 would mean for me right now to look ahead of
23 that , so in answer to that - - I believe I ' ve
24 answered the question that has been brought
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1 forward , and hopefully it will clarify some
2 possible miscommunication or misinformation
3 that ' s been put forward .
4 I am in communication with the
5 attorney for the City of Yorkville and I assume I
6 will be continuing to do so . We have a very good
7 working relationship , even though , as Mr . Wyeth
8 has said , we don ' t always see eye - to - eye , that ' s
9 the nature of this business , but we will continue
10 to do so , but I hope I have answered that
11 question . Thank you .
12 ( Applause )
13 MR . WYETH : Thank you very much . I
14 appreciate it .
15 MR . GILSON : Real quick , I just had
16 a question . We are talking about annexation , so
17 I ' m going to ask one more question .
18 You did give me an opinion ,
I
19 correct ?
I
20 MR . WEIS : If I may - -
21 MAYOR PROCHASKA : Well , yes .
22 MR . WEIS : I don ' t want to get too
23 far off of this - -
24 MAYOR PROCHASKA : The annexation is
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1 the discussion . Okay .
2 MR . WEIS : I gave you an opinion
3 that at this point the property has not been
4 annexed , that ' s correct .
5 MR . GILSON : Okay .
6 MAYOR PROCHASKA : Okay . Thank you .
7 ( Applause )
8 MAYOR PROCHASKA : Mr . Gilson , there '
9 is a lady who would like to speak and I would
10 like to allow her to come up and speak , so if you
11 would , please .
12 This will be then the last
13 comment .
14 WHEREUPON :
15 CLAUDETTE CARLSON ,
16 testified before the Yorkville City Council as
17 follows :
18 MS . CARLSON : I am Claudette
19 Carlson . I also live at River ' s Edge . We are
20 here from Oak Park and I cannot believe this
21 Council is doing this to this town .
22 You should listen to this woman
23 here from Viet Nam . We live in a democracy and
24 the people are supposed to be able to speak .
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1 I have a daughter adopted from
2 China . If you want to do what you do , you go to
3 China and see how they live there .
4 ( Applause )
5 MAYOR PROCHASKA : Well , first of
6 all , you are speaking to us , so we are listening .
7 MS . CARLSON : And I am against the
8 annexation .
9 MAYOR PROCHASKA : Thank you . With
10 that , what I would like to do is close this
11 public hearing so we can open the public hearing
12 on the Sleepy Hollow - -
13 THE AUDIENCE : One more . One more .
14 MAYOR PROCHASKA : Okay . Well , I had
15 asked if there was anyone else , there were no
16 hands up , so we do need to move on .
17 WHEREUPON :
18 FRED DRUCELL ,
19 testified before the Yorkville City Council as
20 follows :
21 MR . DRUCELL : I will be brief . My
22 name is Fred Drucell ( phonetic ) . I have been a
23 Yorkville resident for four years .
24 Just to reaffirm Alderman
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1 Spears ' contention on - - there was some questions
2 at the last Council meeting as to the breach of
3 contract with the applicant , and I asked for an
4 unbiased opinion from a good friend of mine who
5 is an attorney for 30 years , his expertise is in
6 municipal as well as real estate law , and I asked
7 if he would give me an unbiased opinion because I
8 am seeing biased opinions from Derke Price who
9 has a vested interest in seeing this pursued , as
10 well as there was some question by the Council as
11 to a breach , and when I explained to him the
12 history of what ' s going on with this and how Fox
13 Moraine ' s attorney is constantly threatening our
14 Councilmen with a lawsuit , as to even one person
15 being coerced into a vote by a lawsuit , he told
16 me indeed that was a definite breach .
17 With that in mind , the
18 annexation , if it ' s not in force , my question for
19 you is how does a property owner who does not own
20 property act on something that they shouldn ' t be
21 encumbered to act on ?
22 If someone applies for use of a
23 property that they don ' t actually own , how can
24 this Council be encumbered to act on that
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1 property ?
2 MAYOR PROCHASKA : Don ' t confuse
3 annexation with ownership , sir .
4 MR . DRUCELL : Well , the
5 annexation - - the City does not - -
6 MAYOR PROCHASKA : We never would own
7 the property .
8 MR . DRUCELL : Correct . But they
9 cannot apply to the City for that property , for
10 that land , to be used for a specific use if the
11 City does not have the responsibility for that
12 land , is that correct , the jurisdiction , correct ?
13 MAYOR PROCHASKA : That is not - - and
14 that is the question that ' s out there . There
15 is - - and I am not an attorney either , so I ' m not
I
16 going to go - - but there - - he is asking if the
17 City - - if this is not currently annexed into the
18 City can the City - - how can the City consider
19 annex - - a petition .
20 MR . DRUCELL : How can you act on
21 that petition if the property is not your
22 responsibility ?
23 MAYOR PROCHASKA : WelL , an
24 application . And at this point we are not acting
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1 on anything . We are acting - - the question is
2 whether to annex .
3 MR . DRUCELL : Correct . But there
4 was a question as to acting on the siting
5 application that happened before this annexation
i
6 was - -
7 MAYOR PROCHASKA : At this point we
8 are not - - we ' re not - - we cannot talk about that
9 at this point in time . That is a question - -
10 MR . DRUCELL : I guess my question is
11 hypothetical .
12 MR . WYETH : That ' s right .
13 MAYOR PROCHASKA : Give me a
14 hypothetical .
15 MR . DRUCELL : If the land is not
16 annexed , how can you act on an application ?
17 MAYOR PROCHASKA : On any - - on any
18 application is what you are saying .
19 MR . DRUCELL : Yeah , on any
20 application , whether it be - - whether it be the
21 north side of town or the south side of town , if
22 the City does not have the property annexed , how
23 do you act on that ?
24 MR . WYETH : Maybe there is one fact
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1 you don ' t know . The Newark Library District
2 boundary cuts midstream through this property , so
3 a portion of - - if there was a hypothetical
4 application following December 1st would still be
5 within the City .
6 MR . DRUCELL : Okay . Thank you .
7 MAYOR PROCHASKA : Okay . What I ' d
8 like to - - All right .
9 MR . WOODRICK : If I can .
10 MAYOR PROCHASKA : Well , you know , I
11 asked if there is any - - if there is no hands ,
12 again , I ' d like to move on because we do have
I
13 another one yet .
14 WHEREUPON :
15 WALLY WOODRICK ,
16 testified before the Yorkville City Council as
17 follows :
I
18 MR . WOODRICK : I apologize . I am
19 coming up so late , I just have this comment in
20 relation to the comments by the City attorney .
21 I would just like to ask the
22 City Council - - Well , actually let me back up a
23 second .
24 MAYOR PROCHASKA : Can you state your
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1 name , please ?
2 MR . WOODRICK : My name is Wally
3 Woodrick ( phonetic ) . I am a resident of
4 Yorkville and also a resident of Kendall County .
5 I would just like - - Based upon
6 the comments that cost benefit analysis would be
7 done , I would just like to ask the members of the
8 City Council if they were provided with a cost
9 benefit analysis prior to choosing to violate the
10 County ' s solid waste use plan and prior to voting
11 on the process .
12 MAYOR PROCHASKA : You are going off
13 that thing again because you are talking about
14 the application . We are talking about the
15 annexation of the property .
16 MR . WOODRICK : Were you provided
17 with a solid waste use plan prior to the first
18 annexation ? I ' m sorry , let me - - I ' m sorry .
19 Were you provided with a cost
20 benefit analysis - - when I say " you " I mean the
21 City Council - - prior to annexing the first time
22 around ?
23 MAYOR PROCHASKA : I don ' t know why
24 there would be one .
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1 MR . WOODRICK : Because the County
2 threatened to sue you .
3 MAYOR PROCHASKA : No , we weren ' t ,
4 but again , I don ' t see the relevancy of that to
5 a - - to annexing the property .
6 MR . WOODRICK : You don ' t see
7 relevancy ?
8 MAYOR PROCHASKA : To annexing the
9 property .
10 MR , WOODRICK : I have no further
11 comment .
12 MAYOR PROCHASKA : Okay . Thank you .
i
13 Is there anyone else ?
14 ( Applause )
i
15 MAYOR PROCHASKA : All right . Sir .
16 WHEREUPON :
17 LARRY ALEX ,
I
18 testified before the Yorkville City Council as
19 follows :
20 MR . ALEX : Hi . My name is Larry
21 Alex . As far as public comment goes for me , I am
22 against the annexation .
23 MAYOR PROCHASKA : Okay .
24 MR . ALEX : These people here have
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1 more than eloquently spoken the way I feel .
2 Adamantly against it .
3 That said , earlier in the
4 evening the question was asked by a lady when
5 this would be voted on . Do we know that . time ,
6 that date , that place ?
7 MAYOR PROCHASKA : What I said is the
8 earliest that it could be voted on would not be . :.
9 for two weeks .
10 MR . ALEX : Okay . But that ' s not - -
11 The question is do we know - - When will we know ?
12 MAYOR PROCHASKA : Well , I don ' t
13 know . The decision hasn ' t been to put it on the
14 agenda yet .
15 MR . ALEX : Okay .
16 MAYOR PROCHASKA : So we don ' t know
17 that yet . I guess I don ' t have that answer .
18 MR . ALEX : Okay . When we do have
19 the answer , how would we find out ?
20 MAYOR PROCHASKA : It would be posted
21 on the City ' s web site . It must be posted no
22 later than 48 hours prior to the meeting .
23 And this would - - I would
24 suggest that this would be discussed at a
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1 Committee of the Whole , which would be a week
2 before that anyway , so you would know .
3 MR . ALEX : okay . All right . That ' s
4 it . Thanks .
5 MAYOR PROCHASKA : Okay . Anyone
6 else ? Todd ? Short .
7 MR . MILLIRON : It will be . The
8 question is I haven ' t seen this line that Newark .
9 Library has across this property , okay ?
10 Is it on the east side of
11 Sleepy Hollow Road or the west side of Sleepy
12 Hollow Road ?
13 MAYOR PROCHASKA : It follows the
14 section line . It actually cuts - - the line
15 goes - - it runs east and west . It divides the
16 north property and south .
17 MR . MILLIRON : It divides the
18 property north and south , so - - because I mean ,
19 that was one of the things I thought might be in
20 this annexation agreement or something that
21 somebody might delineate that .
22 We as the public don ' t know
23 where that property line is or that district
24 boundary line is , but I am led to believe that it
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1 is encompassing west of whatever that would
2 impair them from - - that ' s why they want it
3 reannexed , right , is because it ' s not in your
4 jurisdiction at this point this time . Is that
5 correct ?
6 MAYOR PROCHASKA : That would be
7 correct .
i
I
8 MR , MILLIRON : All right . So is
9 that something that would be available to us as
10 the public , where we could see the map and where
11 that Newark Library District line runs ?
12 I just was curious how that
13 plays into this because we as the public have no
14 idea where that line is .
15 The next question would be I
16 don ' t understand if this is not annexed why this
17 public hearing is considered voluntary because
18 either it ' s annexed or it isn ' t , and if it isn ' t
19 annexed , then there are things that you have to
20 comply with and do according to state statute ,
21 and I question whether that ' s actually being
22 followed , and I would like , you know , to know
23 where that boundary is . That ' s not an
24 unreasonable request .
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1 MAYOR PROCHASKA : And I ' m sure you
2 can get that . And we have then a map at City
3 Hall that shows it and I ' m sure that the Newark
4 Library District could probably tell you , too .
5 There is a couple different places .
6 MR . MILLIRON : Well , it should have
7 been something that should have been provided to
8 us tonight .
9 And please explain to me why
10 this hearing is voluntary if that property is not
11 annexed .
12 MAYOR PROCHASKA : The annexation
13 itself does not require a public hearing . A
14 public hearing is held for an annexation
15 agreement , and that is still a valid agreement .
16 What is not valid is the actual annexation .
17 MR . MILLIRON : All right . I
18 understand now .
19 MAYOR PROCHASKA : Okay . Thank you .
20 Okay . What I would like to do then is entertain
21 a motion to close this public hearing so we can
22 go into public hearing to discuss - - All right .
23 Please state your name .
24 WHEREUPON :
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145
1 ARDEN JOE PLOCHER ,
2 testified before the Yorkville City Council as
3 follows :
4 MR . PLOCHER : My name is Arden Joe
5 Plocher .
6 I was just wondering , say if
7 said property was to put a Wal - Mart up on it .
8 Since part of it is in Newark and part of it is ,, .
9 in Yorkville , how do you just - - Like say the
10 Wal - Mart was half and half . How would you - - Who
11 gets the tax revenue and how is that split up ?
12 MAYOR PROCHASKA : It ' s because it ' s
13 a district . City boundaries can cross districts ,
14 it can cross library districts , City - - they can
15 cross school districts , they can cross county
16 lines , township lines .
17 It ' s not - - it ' s not the
18 Village of Newark , it ' s the Library District down
19 there .
20 MR . PLOCHER : Now , so would any of
21 that Library District receive any money , or no ?
22 MAYOR PROCHASKA : Well , apparently
23 they have worked something out with the
24 petitioner , so that ' s an agreement between them ,
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1 and to be honest with you , I am not party to
2 that , so I don ' t know what it is .
3 MR . PLOCHER : All right . Thank you .
4 MAYOR PROCHASKA : Yes . Well , that
5 is - - and that is because Yorkville does not have
6 a library dis - - there is no library district
7 here , it is a City library . Once the City
8 annexes that property , it becomes part of the
9 Yorkville Library . That was their issue
10 initially . Okay ?
11 Again , I would like to
12 entertain a motion to close this public hearing
13 so we can go into public hearing to speak on the
14 issue of the Sleepy Hollow Road .
15 ALDERMAN BURD : So moved .
16 ALDERMAN WOLFER : Second .
17 MAYOR PROCHASKA : Moved and
18 seconded . May I have roll call , please ?
19 MS . MILSCHEWSKI : James .
20 ALDERMAN JAMES : Aye .
21 MS . MILSCHEWSKI : Burd .
22 ALDERMAN BURD : Aye .
23 MS . MILSCHEWSKI : Spears .
24 ALDERMAN SPEARS : Aye .
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1 MS . MILSCHEWSKI : Bock .
2 ALDERMAN BOCK : Aye .
3 MS . MILSCHEWSKI : Besco .
4 ALDERMAN BESCO : Aye .
5 MS . MILSCHEWSKI : Leslie .
i
6 ALDERMAN LESLIE : Aye .
i
I
7 MS . MILSCHEWSKI : Wolfer .
8 ALDERMAN WOLFER : Aye .
9 MAYOR PROCHASKA : Motion is carried .
I
10 This public hearing is closed .
11 With that I would entertain a
12 motion - - Now , we do - - the School District has
13 asked us to be out of here by 10 : 00 , so we ' ve
14 still got time , should be able to get enough time
15 for people to discuss .
16 I would entertain a motion to
17 go into public hearing for the discussion - - get
18 back to that sheet - - of the vacation of a
19 portion of Sleepy Hollow Road located south of
20 Illinois Route 71 legally described as follows :
21 Sleepy Hollow Road vacation , that part of
22 Sections 14 and 23 Township 36 north range six
23 east of the third principal meridian described as
24 follows , that part of Sleepy Hollow Road lying
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1 south of the south line of Illinois Route 71 and
2 north of a line which bears south 89 degrees , 55
3 minutes , 26 seconds west and easterly ,
4 prolongation of said line at a point 1935 . 49 feet
5 north of the south quarter corner of said
6 Section 23 in Kendall County , Illinois .
7 ALDERMAN BOCK : So moved .
8 ALDERMAN SPEARS : Second .
9 ALDERMAN LESLIE : Mr . Mayor ? Is
10 there any opportunity to read the actual
11 ordinance of the vacation we don ' t have in the
12 packet to familiarize ? Do you have that present
13 anywhere ?
14 MAYOR PROCHASKA : Well , the public
15 hearing is to hear on their issue of vacation of
16 the road , so - -
17 ALDERMAN LESLIE : The ordinance
18 exists , though , would it just be restating , we
19 need to wait on that until after the public
20 hearing ? Is that correct ? Attorney Wyeth ?
21 MAYOR PROCHASKA : Can we go into
22 public hearing , then you can ask your question ?
23 Okay . Is there a motion to go into public
24 hearing ?
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1 ALDERMAN BURD : So moved .
2 ALDERMAN WOLFER : Second .
3 MS . MILSCHEWSKI : It ' s already
4 been - -
5 MAYOR PROCHASKA : Okay . May I have
6 roll call , please ?
7 MS . MILSCHEWSKI : James .
8 ALDERMAN JAMES : Aye .
9 MS . MILSCHEWSKI : Burd .
10 ALDERMAN BURD : Aye .
11 MS . MILSCHEWSKI : Spears .
12 ALDERMAN SPEARS : Aye .
13 MS . MILSCHEWSKI : Bock .
14 ALDERMAN BOCK : Aye .
15 MS . MILSCHEWSKI : Besco .
16 ALDERMAN BESCO : Aye .
17 MS . MILSCHEWSKI : Leslie .
18 ALDERMAN LESLIE : Aye .
19 MS . MILSCHEWSKI : Wolfer .
20 ALDERMAN WOLFER : Aye .
21 MAYOR PROCHASKA : Motion is carried .
22 We are now in public hearing , and now your
23 question ?
24 ALDERMAN LESLIE : The question I had
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1 is if we are in a public hearing for the
2 vacation , do we have a copy of the ordinance , the
3 ordinance vacation ?
4 I know we ' ve had it before ,
5 Rose had it before . Would it be inappropriate to
6 read it at this time , John ? Is that what you ' re
7 saying ?
8 I ' m just trying to familiarize
9 myself with the actual ordinance as to relevance
10 AT the public hearing .
11 MR . WYETH : It ' s not in the
12 packets .
13 ALDERMAN LESLIE : I ' m sorry ?
14 MR . WYETH : It ' s not in the packets .
15 I don ' t have it .
16 ALDERMAN LESLIE : Rose has it . I ' m
17 just wondering would it be possible in terms of
18 legal protocol , is there a problem ?
19 MAYOR PROCHASKA : The public
20 hearing - -
21 ALDERMAN LESLIE : I can read it
22 myself , I ' d just like - -
23 MR . WYETH : No , I don ' t have a
24 problem .
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1 ALDERMAN LESLIE : Okay . I ' d like to
2 read it .
3 MAYOR PROCHASKA : Rose , do you want
4 to read the public - -
5 ALDERMAN SPEARS : Give it to Jason .
6 MAYOR PROCHASKA : Do you want me
7 to - - Jason ?
8 ALDERMAN LESLIE : Do you want me to -,
9 read it publicly or do you want me to just read
10 it to myself ?
11 ALDERMAN SPEARS : Yes .
12 MAYOR PROCHASKA : Oh , no , read it
13 outloud .
14 ALDERMAN LESLIE : The reason why I
15 asked this is because this is not the original
16 ordinance vacating - - in fact , I think this is
17 the second draft , failed measure twice .
18 ALDERMAN SPEARS : Do you want the
19 first one ?
20 ALDERMAN LESLIE : No , just the - -
21 just the second one .
22 ALDERMAN SPEARS : That ' s the one we
23 voted on .
24 MAYOR PROCHASKA : That was the one
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1 that was originally - -
2 ALDERMAN LESLIE : This is the - -
3 This is the last one , right ?
4 ALDERMAN SPEARS : Right .
5 MAYOR PROCHASKA : Right . Right .
6 ALDERMAN LESLIE : Third one .
7 MAYOR PROCHASKA : The one that was
8 passed . Okay .
9 ALDERMAN LESLIE : Okay . " Whereas ;
10 the United City of Yorkville has received a
11 petition to vacate a portion of Sleepy Hollow
12 Road , a publicly dedicated road , located south of
13 Route 71 within the United City of Yorkville ;
14 and , whereas , United City of Yorkville through
15 its Mayor and City Council has held a public
I
16 hearing pursuant to 65 ILCS 5 / 11 - 91 - 1 , permitting
17 all public input and comment in regard to said
18 petition to vacate said road ; and , whereas , the
19 intention of the United City of Yorkville to
20 vacate said road as described in the petition and
21 as described in the attached Exhibit A . which is
22 the legal description for the proposed vacated
23 road , as well as the attached Exhibit B , which is
24 a plat of vacation representing the area to be
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1 vacated ; and whereas , the United City of
2 Yorkville intends to vacate said road described
3 in Exhibit A and depicted upon Exhibit B to North
4 Star Trust Company u / t dated August 8 , 2006 ,
5 No . 06 - 9993 , the adjoining land owner on each
6 side of the road ; and , whereas , the City Council
7 of the United City of Yorkville finds that said
8 property does not have substantial value that
9 would result in compensation to the City , nor
10 does the vacation cause any loss of any land
11 owner requiring compensation to any adjoining
12 land owner ; and , whereas , the City Council of the
13 United City of Yorkville has determined that in
14 its public interest to vacate said road , thereby
15 relieving the City of any burden of maintenance
16 and repair of the road , and further , that
17 vacating will promote economic development of the
18 property adjoining the vacated road .
19 Now , therefore , be it ordained
20 by the Mayor and the City Council of the United
21 City of Yorkville , Kendall County , Illinois , the
22 property described in Exhibit A and depicted upon
23 Exhibit B , and commonly known as Sleepy Hollow
24 Road , is hereby vacated to North Star Trust
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1 Company u / t dated August 8 , 2006 , No . 06 - 9993 ,
2 Section 1 .
3 The City Council further finds
4 that the vacating of said
5 street / road / right - of - way is in the public
6 interests based upon the findings of the Council
7 and that no damage , ( monetary or otherwise ) ,
8 shall result to the residents of the United City .
9 of Yorkville by reason of vacating said
10 street / road / right - of - way .
11 Section 2 , the City Clerk is
12 hereby directed to the record of Kendall County
13 Recorder a certified copy of this ordinance
14 together with Exhibit B . the plat of vacation
15 attached to this ordinance ;
16 Section 3 , the ordinance shall
17 be in full force and effect from and after its
18 passage and approval as provided by law . "
19 And I just wanted to read that
20 to update everyone as to the change of the
21 vacation . I didn ' t intend to read it to
22 everyone .
23 MAYOR PROCHASKA : That ' s not - -
24 ALDERMAN LESLIE : Oh , I ' m sorry , the
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1 actual ordinance ? Is that not it ? So I read the
2 whole darn thing and it ' s not the right one ? Do
3 you have the right one ?
4 ( Applause )
5 ALDERMAN LESLIE : That was a
6 warm- up . The only reason why I wanted to read
7 the actual vacation ordinance was that it had
8 changed qualitatively as to the first vacation . . ;
9 MAYOR PROCHASKA : Well , this one
10 doesn ' t include - - this one does not include the
11 fact that they would only have it if a road was
12 to be built , and that is not this one .
13 ALDERMAN LESLIE : Exactly . And I
14 believe also in the event of - - Well , you drafted
15 it .
16 MAYOR PROCHASKA : At the time of
17 development , right . They would have to build
18 another road to replace it . It was not just an
19 arbitrary vacation , so - - Do you have the
20 actual - -
21 MR . PHILIPCHUCK : Yes .
22 ALDERMAN SPEARS : Jason , I
23 apologize . This is the second one that came to
24 us . That ' s the third one .
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1 MAYOR PROCHASKA : Yes , this is the
2 one that is - - as a consideration of vacation to
3 provide for potential future roadway needs . Do
4 you want to read it ?
5 ALDERMAN LESLIE : I can read it
6 again if people would like to hear it . My point
7 and purpose is that in my opinion - -
8 Do you want me to read it ?
9 THE AUDIENCE : Yeah .
10 ALDERMAN LESLIE : Here we go . We ' ll
11 read it . Try to do it in one breath . " The City
12 Council further finds that the vacating of said
13 street / road / right - of - way is in the public
14 interests based upon the findings of the Council ,
15 that no damage , ( monetary or otherwise ) , shall
16 result in the residents to the United City of
17 Yorkville by reason of vacating
18 street / road / right - of - way ; however , in
19 consideration of the vacation and to provide for
20 potential future roadway needs , the North Star
21 Trust Company u / t dated August 8 , 2006 , 06 - 9993 ,
22 agrees to provide at no cost to the City a
23 right - of - way not to exceed 70 foot in width of
24 construction to connect Illinois Route 71 to
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1 Walker Road at a sustainable and mutually
2 agreeable location that does not appear in
3 conflict , any pollution control facility siting
4 is granted until such time after the vacation of
5 Sleepy Hollow Road becomes effective . Said
6 condition shall be an obligation upon the parcel
7 of land annexed by ordinance No . 2006 - 115 except
8 the land for which said pollution control occurs ::
9 And this instrument shall be placed as in the
10 record . "
11 The whole point I want to make
12 is that in the redraft of this , Joe , you drafted ,
13 it was my opinion that the vacation of the road
14 can stand on its own merit as a separate
15 ordinance and not as to have it contained in the
16 annexation agreement .
17 The whole point I wanted to
18 make is probably lost at this point because I
19 read two of them .
20 MAYOR PROCHASKA : Okay . What I
21 would like to do is first ask does the petitioner
22 have anything you would like to say on this ? No ?
23 ( No response )
24 MAYOR PROCHASKA : In that case I
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1 would like to open the floor to anyone that would
2 like to give comment to the proposal of the
3 vacation of Sleepy Hollow Road .
4 MR . JEFFERS : Again , Rick Jeffers ,
5 Yorkville city resident .
6 Does the City actually have
7 jurisdiction over this road at this time ?
8 MAYOR PROCHASKA : No .
9 MR . JEFFERS : So I am confused as to
10 how - -
11 MAYOR PROCHASKA : Well , actually we
12 do have over a portion of it - -
13 MR . JEFFERS : A portion .
14 MAYOR PROCHASKA : - - because of the
15 way the line goes .
16 MR . JEFFERS : Oh , okay . And did I
17 understand correctly earlier that a greater
18 majority is needed to vote in favor of vacating
19 the road than annexation of the property ?
20 MAYOR PROCHASKA : Correct .
21 MR . JEFFERS : Okay . So given those
22 circumstances - - and I don ' t know if this can be
23 done - - but I would take all the comments that
24 you just took on the annexation and apply them to
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1 the vacation of Sleepy Hollow Road with more
2 emphasis because the end result , although we are
3 talking about annexation and vacating the road - -
4 MAYOR PROCHASKA : Correct .
5 MR . JEFFERS : - - is that we don ' t
6 want a landfill , so if we can keep those things
7 from happening , and again , my bet is that if we
8 could , the landfill wouldn ' t happen , then
9 obviously I would be against , and I think most of
10 the people sitting behind me would be against us
11 vacating Sleepy Hollow Road as well .
12 ( Applause )
13 MAYOR PROCHASKA : Thank you . Thank
14 you . Yes , ma ' am .
15 WHEREUPON :
16 DINA SCHROEDER ,
17 testified before the Yorkville City Council as
18 follows :
19 MS . SCHROEDER : Hi . My name is Dina
20 Schroeder . I just have a question on the
21 vacating Sleepy Hollow Road .
22 So you - - Yorkville right now ,
23 without that land being annexed , you actually are
24 in control of part of that road now ?
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1 MAYOR PROCHASKA : The question right
2 now is - -
3 MS . SCHROEDER : So I ' m trying to
4 figure out why we ' re - - why we ' re discussing the
5 vacation of Sleepy Hollow Road if it ' s not - - if
6 the property is not annexed into Yorkville yet .
7 So I ' m trying to determine is
8 there a little portion of the road that is in
9 Yorkville right at the moment , and is that the
10 portion we are talking about right now ?
11 MAYOR PROCHASKA : Actually the
12 question right now - - and the reason we did this
13 again was to ask - - have people come up and give
14 comment about the potential of that request , so ,
15 you know , you ' re right .
16 I mean , we could all go home on
17 this real quick and say , you know , let ' s not talk
18 about this anymore for tonight , I mean , but the
19 request from the public was that we would have a
20 discussion on the need or the desire to vacate
21 the road .
22 Now - -
23 MS . SCHROEDER : And that ' s - -
24 MAYOR PROCHASKA : - - it ' s a
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1 technicality , and there is a lot of
2 technicalities , you ' ve heard all about very many
3 different technicalities here tonight .
4 The Library District runs on an
5 east / west line through the property , and that is
6 the piece of property that technically is not
7 being - - not annexed .
8 MS . SCHROEDER : Okay .
9 MAYOR PROCHASKA : Now , how this all
10 works , I don ' t know .
11 The question right now is we ' re
12 taking comment on whether people think we should
13 vacate it or not .
14 MS . SCHROEDER : Okay . So that - - So
15 we ' re assuming that - -
16 MAYOR PROCHASKA : We ' re not assuming
17 anything .
18 MS . SCHROEDER : Anything . Okay . So
19 we ' re pretending . I guess I don ' t know the right
20 word .
21 MAYOR PROCHASKA : We are asking for
22 comment as to whether people think that in the
23 event - -
24 MS . SCHROEDER : Annexed in - -
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1 MAYOR PROCHASKA : Yes .
2 MS . SCHROEDER : Would you want to
3 vacate Sleepy Hollow Road .
4 MAYOR PROCHASKA : Yes .
5 MS . SCHROEDER : Okay . I just wanted
6 to clarify .
7 ALDERMAN BURD : Could I comment a
8 little bit ?
9 MS . SCHROEDER : Sure .
10 ALDERMAN BURD : I asked for this
11 hearing , and it was based on state statute that
12 was handed out to us before we went for this
13 hearing process that it was some kind of
14 convoluted state statute that said that if the
15 property was not currently within the City , but
16 that you were intending to annex it , that you
17 would have a hearing on it .
18 It was some weird situation
19 where the only way you would have a hearing on
20 this was if it was not actually within the City
21 limits , and that was the only basis you could
22 have for having a public hearing .
23 MS . SCHROEDER : On a vacation . You
24 mean on vacating Sleepy Hollow Road ?
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1 ALDERMAN BURD : Right . Yes .
2 MS . SCHROEDER : Okay .
3 ALDERMAN BURD : It was a very
4 strange thing . I brought it up at the City
5 Council meeting and asked the City attorney to
6 explain the strange statute the way it was worded
7 because it specifically said if it was under our
i
8 jurisdiction but not within the City limits , and :
9 this is considered - -
10 MS . SCHROEDER : Boy , is that
11 confusing .
12 ALDERMAN BURD : It ' s considered
13 under our jurisdiction because it ' s covered by an
14 annexation agreement - -
15 MS . SCHROEDER : Okay .
16 ALDERMAN BURD : - - but it ' s not
17 currently within the City limits , and that ' s the
18 way the state statute read , and this meets that
19 criteria , so I used that as a reason to say aha ,
20 let ' s have this public hearing .
21 MS . SCHROEDER : I ' m not a lawyer or
22 anything , I just was trying to figure out how - -
23 ALDERMAN BURD : Me either . It was
24 very confusing . I thought it was very strange ,
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1 but I thought if it gives us another opportunity
2 to let people speak , then let ' s use it .
3 MS . SCHROEDER : Okay . Thanks .
4 ( Applause )
5 MAYOR PROCHASKA : I think the idea
6 was to err on the side of conservancy . Yes , sir .
7 Come up and speak .
8 MR . POOLE : My name is Glen Poole , -
9 and my comment on the vacation of the road is
10 dead set against it , and I ' ll give you two
11 reasons .
12 The first one , my wife brought
13 out earlier in the comments about the annexation ,
14 and this is buried in the 6 , 000 pages that we ' re
15 all supposed to read or should know about , in
16 that Army Corps of Engineers - -
17 MAYOR PROCHASKA : Okay . We are not
18 talking about - - We cannot talk anything about
19 the application , so - -
20 MR . POOLE : Okay . To me the two
21 reasons are , number one , environmentally , there
22 is two tributaries that go into the Hollenbeck
23 Creek , which go into the Fox River , and then , of
24 course , the number two reason is liability , if ,
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1 you know , we give up this road and it is
2 contaminated , the liability would be on us , so - -
3 MAYOR PROCHASKA : That ' s - - You are
4 going off of that .
5 MR . POOLE : I am against it and
6 those are my two reasons . Thank you , Mr . Mayor .
7 Thank you very much .
8 MAYOR PROCHASKA : Derke . Yes .
9 MR . PRICE : Bring those comments in
10 March to the public hearings that start on the
11 process . There is a place for it . I don ' t want
12 to ignore them , but they are for that night , not
13 tonight .
14 MR . POOLE : Thank you .
15 MAYOR PROCHASKA : Okay . Thank you .
16 Sir .
17 MR . RUTKAS : Thank you . I ' d like to
18 thank you for listening to all these comments ,
19 and this will be neither rough , but your
20 forbearance is really welcome . Thank you .
21 My name is Bob Rutkas , I live
22 on Legion Road in Yorkville here , and my question
23 about the tributary that runs underneath Sleepy
24 Hollow Road , if Sleepy Hollow Road is vacated , I
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1 understand that they are going to be moving that
2 tributary . Is that correct ? That ' s what I heard
3 earlier .
4 MAYOR PROCHASKA : Again , that is
5 something that is beyond the question of this .
6 MR . GILSON : That ' s in a public
7 hearing to the Army Corps of Engineers . It is
8 not - - He can talk about this .
9 MAYOR PROCHASKA : Well , he is asking
10 me the question . If you know the answers ,
11 then - -
12 MR . RUTKAS : I don ' t - -
13 MR . GILSON : That ' s a public notice ,
14 so he has access to that information without
15 revealing - -
16 MAYOR PROCHASKA : Sir , he is at the
17 mic , okay ? Well , then apparently there is a
18 movement to move it .
19 MR . RUTKAS : Well , my question is
20 when you move it , will you move it outside of the
21 Hamman property ? Will it require public
22 condemnation of private property to move it ?
23 That ' s what I ' d like to know .
24 MAYOR PROCHASKA : Well , again , I
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1 don ' t know that that deals with vacation of the
2 road . That is something that deals with that
3 particular issue , and there would be a process
4 for that , too , so - - Todd .
5 MR . MILLIRON : I ' m trying to follow
6 the reasoning here . I was there September 26th ,
7 very late at night , when you guys got done at
8 midnight when Sleepy Hollow Road was an
9 afterthought at that point in time and
10 Mr . Philipchuck reacted like this ( indicating ) ,
11 and we all wondered what was the deal with that .
12 And so now I am rethinking
13 this , and you went through whatever , we had the
14 annexation hearings , and then eventually
15 whatever , you guys brought that out to a vote and
16 one - by - one you voted boom , boom , boom , boom , and
17 we brought the big North Star in with all this
18 adjacency of those four properties .
19 Then we got to talk about
20 Sleepy Hollow Road after you had jurisdiction
21 because you had passed all four of those
22 annexations .
23 And I ' m here tonight and I ' m
24 hearing that , you know , we don ' t have
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1 jurisdiction , yet we ' re having this hearing when
2 probably what should happen is the annexation
3 vote should be taken and then we talk about
4 Sleepy Hollow Road because that ' s the way it was
5 done that night , where you actually voted all
6 that stuff in , then we got to talk about it , then
7 you voted .
8 MAYOR PROCHASKA : Okay .
9 MR . MILLIRON : Okay ? And that ' s not
10 what ' s happening tonight , and I don ' t understand
11 how we can be set here talking in a public
12 hearing when you don ' t actually have jurisdiction
13 at this point in time to even talk about vacating
14 that road because it ' s not in the City .
15 MAYOR PROCHASKA : Well , actually - -
16 and again , that ' s where this particular statute
17 comes in that talks about having - - it is part of
18 an annexation agreement , but it has not been
19 annexed , there is a - - there is a point for
20 discussion on it and , you know , again , it ' s not
21 wrong , it was brought up .
22 MR . MILLIRON : Well , I mean , Art ,
23 the point of this is that the annexation
24 agreement , the two parties in this contract had
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1 to do all the things that they were supposed to
2 and the North Star people did not fulfill their
3 side of the contract - -
4 MAYOR PROCHASKA : Okay .
5 MR . MILLIRON : - - okay ? And so now
6 we ' re talking about like part of it is already
I
i
7 fulfilled - -
8 MAYOR PROCHASKA : No , okay . No .
9 I ' ll tell you what . I ' ll stop the public hearing
10 right now . This is not a presumption that
11 anything is done . This is open to take comment .
12 The alderman talked about how it was - - there is
13 a law , we are trying to get input before there is
14 any discussion , before there is any determination
15 of this .
16 This is not an assumption that
17 anything is happening , it is a public hearing to
18 get input on the idea of should this be vacated .
19 It is still part of - - in an annexation
20 agreement . The annexation has not as you say
21 been done , but the question is - -
22 MR . MILLIRON : It ' s the question of
23 whether the agreement is even valid to begin
24 with .
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1 MAYOR PROCHASKA : No .
2 MR . MILLIRON : Yeah . Because it
3 came in as all one parcel . There was five PIN
4 numbers within that 760 acres and it came in all
5 as all 760 acres and it goes out as all 760
6 acres , and it needs to be redone properly .
7 MAYOR PROCHASKA : Todd , this is the
8 vacation . Do you want to speak on the vacation ? ;,
9 MR . MILLIRON : Yeah , I ' ll talk about
10 the vacation .
11 MAYOR PROCHASKA : I ' d like you to .
12 MR . MILLIRON : One of the things
13 Jason brought up was is that there would be no
14 financial harm that came to any Yorkville
15 resident .
16 We all have houses either in
17 the county or for the people that actually are
18 Yorkville residents , unlike myself , who will have
19 their property values affected if this thing goes
20 forward and this road is vacated .
21 That said , Besco Boulevard ,
22 which is what that third vote was to renegotiate ,
23 which is this hypothetical road , we have no idea
24 where it ' s at , they for the end use of this
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1 property need roads to access that site for what
2 they want to do out there , okay ?
3 And we have no idea about this
4 road , yet you ' re willing to give it away
5 originally , then we come up with renegotiating
6 this hypothetical road , which is a road that
7 they ' re going to build for their end use anyway .
8 It ' s not going to serve the citizens , so , you
9 know , we ' re still losing .
10 MR . GILSON : Todd , as a resident
11 I ' ll address that . I ' ll address that as a
12 resident .
13 MR . MILLIRON : So anyway , I ' ll have
14 another thought and I ' d like to come back ,
15 please .
16 MAYOR PROCHASKA : We ' ll see .
17 Mr . Gilson .
18 MR . GILSON : Just quick as a
19 resident . Well , first of all I want to just come
20 back to the point of what Jason said , and the
21 point is you cannot agree to vacate a road in an
22 annexation agreement without voting on it first ,
23 okay ? That ' s one . I am making my comments .
24 MAYOR PROCHASKA : All right . That ' s
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1 fine . I am listening .
2 MR . GILSON : The second thing is
3 Friends of Greater Yorkville and the community ,
4 there are many people here , including myself ,
5 that do travel up and down Sleepy Hollow Road ,
6 and we will be directly affected by the vacation
7 of that road , and if that vacation - - if that
8 road happens and a landfill gets placed there , we
9 also feel we , as the citizens , including myself
10 as a Yorkville resident , will be directly
11 affected by the vacation of that road , just for
12 the record .
13 MAYOR PROCHASKA : Thank you . Is
14 there someone else that would like to speak on
15 the vacation of the road ? Yes , Mr . Kramer . You
16 know what ? This one works better over here .
17 WHEREUPON :
18 DANIEL J . KRAMER ,
19 testified before the Yorkville City Council as
20 follows :
21 MR . KRAMER : Good evening . My name
22 is Daniel J . Kramer . I represent probably the
23 land owner most affected by Sleepy Hollow Road ,
24 and that ' s Virginia Wells , who owns the farmland
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I
1 immediately south of the portion that the City is
2 seeking to vacate .
I
3 Our request is that the City
4 not vacate the road . We disagree with the
5 procedure that had been done before .
6 I think both Alderman Spears
i
7 and Alderman Leslie eloquently stated that you
8 cannot include - - because of that difference in . :
9 the super majority required , that is a mandatory
10 duty in an annexation agreement . I think that ' s
11 an absolutely illegal or void term of the
12 agreement . Secondly , I don ' t think there ' s been
13 any findings .
14 It ' s just the reverse under
15 Illinois municipal law . You don ' t have to have
16 everything that you decide as a Council stated in
17 an ordinance . There is a legislative presumption
18 of validity to that .
19 But the findings you made were
20 clearly absent previously when you considered
21 this issue .
22 There ' s been no finding or no
23 evidence produced up to the City Council that it
24 serves an interest of the public , and that ' s what
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1 the statute says about vacating the road .
2 The prior ordinance that was
3 passed clearly says it was for the best interest
4 of one party and one party only , and that is the
5 petitioner , Moraine .
6 It says the road will only be
7 vacated if they get siting approval by the
8 Illinois Pollution Control Board . That ' s not
9 public interest , that ' s one party ' s interest .
10 The statute also says - - and
11 it ' s not a mandatory requirement , you don ' t have
12 to do it - - but it says the City may require fair
13 market compensation for a vacation .
14 Again , I haven ' t seen any
15 traffic study done in relation to the vacation
16 issue , I haven ' t seen any testimony from
17 appraisers or a written appraisal .
18 Now , you may have that in your
19 packets , but how do any of the eight of you
20 aldermen sitting there tonight know that there is
21 no value to that road ?
22 Maybe if you put it up to
23 public auction you might be surprised the public
24 benefit for the City of Yorkville - -
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1 ( Applause )
2 MR . KRAMER : - - to sell that road .
3 Finally , I ' ve been on both
4 sides of the fence , so I appreciate your patience
5 tonight .
6 From a planning perspective , if
7 I stood up here as a petitioner ' s attorney
8 tonight and told you I want you to approve a
9 development , and oh , by the way , the only place
10 that property fronts on a state highway I don ' t
11 want an entrance for a total of two miles , that ' s
12 what the vacation does to the east side of Route
13 71 .
14 Now , the ordinance I ' ve heard
15 tonight , it sounds somewhat similar to the
16 previous one you passed - - and I admit , Jason ,
17 you did a nice job reading , but my ears are
18 getting old , so I don ' t follow everything - - but
19 if , in fact , the provision is still roughly the
20 same that the petitioner has said , if you do this
21 for me , if you will vacate that roadway , I ' ll
22 give you a new roadway someplace where we
23 meaningfully negotiate it , but not on my siting
24 property .
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1 Well , where is the new road
2 going to go ? Is it going to go in Oswego ? Is it
3 going to go in Plano ? Is it going to go in
4 LaSalle County ?
5 You haven ' t gotten anything in
6 return . You ' ve got an agreement to agree , which
7 is not a contract at all in law , so you ' ve got
8 nothing for it .
9 In terms of my client , she is
10 an elderly lady , she has no plans on developing
11 her property , but ever is a long time , and what
12 we don ' t know is if a future petitioner comes in ,
13 if that road is vacated , you would have Sleepy
14 Hollow go up about a half a mile , dead end with
15 no turn around , and Yorkville emergency vehicles
16 would have to go back out to Walker Road two
17 miles up 71 to get there .
18 So those are all things that
19 mitigate against vacating that road , so we would
20 ask you to refuse to vacate .
21 Thank you .
22 ( Applause )
23 MAYOR PROCHASKA : Okay . Thank you .
24 Someone else that would like to speak on the
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1 vacation ? Mr . Gilmour ? I ' m sorry . I ' ll get you
2 next .
3 MR . GILMOUR : Tom Gilmour again , 23
4 Fox Glen Drive . First of all , in regards to us
5 speaking about the host agreement or anything ,
6 you are inaccurate in trying to suppress us . We
7 have the right to talk . You may not .
8 And it adds an element in
9 regard to Sleepy Hollow Road . I cannot
10 understand how you can have a legal agreement
11 with someone before you ' ve actually acquired the
12 property , and I ' m referring to Sleepy Hollow
13 Road . You can ' t - -
14 MAYOR PROCHASKA : There is no
15 agreement - - the agreement is considered valid
16 until the application - - until the annexation , if
17 it happens , and you are correct , but this is a
18 public hearing beginning that .
19 MR . GILMOUR : And it is pertinent to
20 the annexation . Once again , obviously the two
21 are connected and we still have a 180 - day clock
22 that ' s ticking away , yet we can ' t go back to
23 square one .
24 We still have to march to the
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1 drummer , and you have the luxury of oh , we did it
2 wrong , let ' s go back and try it again . Something
3 seems fundamentally unfair here .
4 Thank you .
5 ( Applause )
6 MAYOR PROCHASKA : Thank you . Sir .
7 WHEREUPON :
8 TIM JOHNSON ,
9 testified before the Yorkville City Council as
10 follows :
11 MR . JOHNSON : My name is Tim
12 Johnson . I am a citizen of Yorkville . I live at
13 213 Leisure Street .
14 I ' ve been a life - long resident
15 here , and I have driven down that road . It ' s a
16 nice road . Just wanted to let you know that . I
17 do vote and I will vote .
18 I ' ve made mistakes in the past .
19 I will correct them .
20 Thank you .
21 ( Applause )
22 MAYOR PROCHASKA : Thank you .
23 Someone else that has anything to say about the
24 vacation at this time ? Yes , ma ' am . Please .
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1 WHEREUPON :
2 LORI PATTEN ,
3 testified before the Yorkville City Council as
4 follows :
5 MS . PATTEN : My name is Lori Patten .
6 I live at 279 Windham Circle , been in Yorkville
7 less than a year .
8 I do appreciate Alderman
9 Leslie ' s efforts to keep us apprised of the
10 actual revised agreement for the vacating of the
11 land - - or the road .
12 It ' s obvious looking up here
13 today that you guys all don ' t talk as a group ,
14 and if you are supposed to make decisions based
15 on all of us here , don ' t you think you could
16 share information with each other ?
17 Alderman Spears had issues that
18 she had to raise to the other annexation
19 agreement that she wanted - - or the host
20 agreement that she wanted to add . No one else
21 knew that .
22 Dean Wolfer said that he
23 already turned his in to the lawyer .
24 How are we supposed to trust
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1 all of you as a group to make decisions if you
2 are not united yourselves ?
3 MAYOR PROCHASKA : This would be the
4 place where that discussion happens and you were
5 here to hear it .
6 MS . PATTEN : But do you not talk
7 about these issues before we come to the hearing
8 or are you not allowed to ? I mean , is that
9 protocol ?
10 MAYOR PROCHASKA : No . That ' s called
11 violation of the Open Meetings Act . That ' s the
12 whole issue . No more than two aldermen or Mayor
13 and one alderman can ever speak together on a
14 City issue , so the group of aldermen can ' t get
15 together somewhere and talk about this and not be
16 a public meeting .
17 MS . PATTEN : Okay . And I vote no to
18 vacate the road , and that was done - - that
19 agreement was done on August 8th , and then also
20 that coincides with the same date that the Fox
21 Moraine and the North Star Trust Company
22 agreement was done . That was also August 8th .
23 MAYOR PROCHASKA : I think - - I think
24 the date you ' ve got , that ' s the date they formed
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1 their thing , the actual vote didn ' t happen until
2 September .
3 MS . PATTEN : But they were both
4 formed on the same date because that article that
5 you read was done on August 8th and then this was
6 also August 8th .
7 MAYOR PROCHASKA : No . The trust was
8 formed August 8th . That particular vote - - do we
9 still have that - - was done at a later date .
10 The first time it was voted on
11 was the 26th of September . I think what he was
12 reading was the trust formed on October 8 - -
13 MS . PATTEN : August 8th .
14 MAYOR PROCHASKA : Or August 8 , yeah .
15 He was naming the trust because whenever it talks
16 about the trust , it says it was formed .
17 MS . PATTEN : And that was in there
18 and the annexation agreement was September 19th ?
19 MAYOR PROCHASKA : 26th .
20 MS . PATTEN : Or 26th ? Okay . So
21 that was before the annexation agreement .
22 MAYOR PROCHASKA : Correct .
23 MS . PATTEN : Okay . Thanks .
24 MAYOR PROCHASKA : Yes , sir .
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1 WHEREUPON :
2 DOUG TENPIN ,
3 testified before the Yorkville City Council as
4 follows :
5 MR . TENPIN : My name is Doug Tenpin
6 ( phonetic ) . I live in Newark , Illinois . I farm
7 the Virginia Wells ' Farm and I also travel Sleepy
8 Hollow Road probably every day , but the one thing
9 that just came to mind , you talked about there is
10 no importance to it .
11 I also farm the Richard Bohn
12 ( phonetic ) farm . They had a fire on their farm
13 this fall and it ' s the Newark Fire District , and
14 it was a rather large fire . They had to call
15 Yorkville to help them . If Yorkville could not
16 travel down Sleepy Hollow Road , they both
17 probably would have been dead . The fire went
18 very quickly , got close to their house .
19 If they couldn ' t use Sleepy
20 Hollow Road , you would have had to come in from
21 the east , which is down Sleepy Hollow - - or
22 Hollenbeck - - or Highpoint Road just off of Kern
23 Road , that comes up to 47 .
24 There is only one reason that
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1 that road has to be vacated . It ' s for one man .
2 And what is a life worth ?
3 ( Applause )
4 MAYOR PROCHASKA : Thank you . Okay .
5 Is there anybody else that would like to speak
6 on - - Sir .
7 ALDERMAN BESCO : Don ' t point at me .
8 MR . KORTE : Jared Korte again .
9 Timber Creek off 71 .
10 I kind of wish I was a
11 Yorkville resident , maybe you guys would have a
12 little more - - work with me as a resident versus
13 a Kendall County resident .
14 I am against the vacation of
15 the road . I ask that the Mayor and the Council
16 realize that I live in a great neighborhood with
17 large lots , large homes .
18 It ' s obvious that control is
19 the factor , and obvious you ' re not controlling
20 some of the developers that have been bad
21 neighbors in our - - in my environment .
22 Vacating the road is bad . I
23 use that road a lot to circumvent all the bad
24 traffic off of 47 and 71 . We can use county
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1 roads and roads as that to vacate - - or to
2 circumvent all the bad traffic , and I ' m not sure
3 of the land owner ' s - - why they need this road
4 vacated , but I just think it ' s a bad idea .
5 Thanks .
6 ( Applause )
7 MAYOR PROCHASKA : Okay . Is there
8 someone else that would like to speak ?
9 WHEREUPON :
10 KELLY A . KRAMER ,
11 testified before the Yorkville City Council as
12 follows :
13 MS . KRAMER : Good evening . Kelly
14 Kramer , and I am a resident of Yorkville . I live
15 at 514 West Madison Street in Yorkville .
16 And I realize the City has
17 previously entered into an annexation agreement
18 with the petitioner in this particular matter and
19 the ordinance authorizing the execution of that
20 annexation agreement was recorded on
21 November 8th , 2006 .
22 And I would direct the
23 Council ' s attention - - and I think Ms . Krasner
24 hit on this , on the annexation public hearing - -
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1 to Page 6 , Number 15 , City assistance .
2 If you go halfway down - -
3 THE AUDIENCE : Can you use the mic ?
4 MR . KRAMER : I ' m sorry . If you go
5 halfway down in the City assistance section , it
6 says the owner contemplates the establishment of
7 a landfill on the subject property and ,
8 therefore , the City agrees to adopt and keep into
9 effect a host agreement for the subject property .
10 The City also shall adopt any
11 required ordinances to cause the vacation of that
12 portion of Sleepy Hollow Road , followed by a
13 lengthy legal description that I won ' t bore you
14 with .
15 If you go to the end of that
16 particular paragraph , it says that any remaining
17 portion of Sleepy Hollow Road shall be vacated at
18 a future date upon request of the owner .
19 And I would just like to ask
20 the Council and the Mayor when do they anticipate
21 a vote on this particular ordinance and whether
22 or not they think they have any discretion in
23 passing this particular ordinance ?
24 MAYOR PROCHASKA : Well , at this time
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1 we kind of talked about that , that obviously that
2 couldn ' t happen until an annexation would happen .
3 Or are you talking in the future ?
4 MR . KRAMER : I am talking the
5 ordinance that Mr . Leslie so eloquently read
6 prior .
7 MAYOR PROCHASKA : Okay . Well ,
8 again , as stated with the annexation agreement , . .'
9 that the - - that the very soonest that that could
10 be available for consideration would be two weeks
11 from today .
12 MS , KRAMER : Do you anticipate a
13 vote at this time ?
I
14 MAYOR PROCHASKA : At this point in
15 time , I cannot give you an answer to that .
16 MS . KRAMER : Fair enough . Thank
17 you .
18 MAYOR PROCHASKA : Okay .
19 ALDERMAN SPEARS : First of all , I
20 think before we do vote on this that we have some
21 additional information .
22 I would like to request a
23 formal appraisal of the road . I think that the
24 entire Council needs to be aware of the value of
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1 this road .
2 I would also like to request
3 the public interest , if our attorneys can - - or
4 the petitioner ' s attorney can provide that
5 information to us , I think that would be .
6 appreciated .
7 And I would also like to
8 request where is this road going to be located if
9 there is going to be a replacement road .
10 And then I would like to state
11 also after our meeting where we did vote on the
12 vacation of Sleepy Hollow Road , September 26th ,
13 we voted against it at the time and then Attorney
14 Philipchuck requested that it come back to the
15 Council and we voted that it could come back to
16 us again .
17 In between that time I did
18 receive a phone call from the attorney on my
19 answering machine . He left a home phone number ,
20 a cell phone number and a work number , and
21 requested I call him back .
22 For obvious reasons I did not
23 return the call . I assumed that there was no
24 further discussion on my part regarding vacation
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1 of the road .
2 I also received a second
3 message on my answering machine - - and again ,
4 it ' s going to be he said , she said , because
5 unfortunately , I did not keep these messages . I
6 have learned by my mistakes at this time . But
7 the message was , " Don spoke with Louie . "
8 Now , I believe the key player . ,-
I
9 in here - - I had no last name - - would be , of
10 course , Mr . Hamman , and I don ' t think I see him
11 in this audience , I don ' t think he ' s been at any
12 hearings , and the second key player in this phone
13 call message would be I believe Mr . Louie Thurow .
i
14 I would like to ask you
15 directly once again , did Mr . Hamman speak with
16 you regarding vacation of the road and did you
17 reply everything is okay ?
I
18 WHEREUPON :
19 LOUIS THUROW ,
20 testified before the Yorkville City Council as
21 follows :
22 MR . THUROW : To the best of my
23 knowledge , I never talked to him about it and it
24 was never discussed , the closing of the road .
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1 And my objection is because of
2 the safety of the area and that stuff , the road
3 shouldn ' t be closed because , like Mr . Tenpin
4 said , it is a - - it is a long ways between roads
5 to go between , and it ' s a safety issue that you
6 would want to keep it in .
7 The other thing is that what
8 bothers me about this closing the road is he ' s
9 going to give you another road . It won ' t include
10 Virginia Wells ' property , which it has a road
11 right now of Sleepy Hollow , and I think you folks
12 should know that .
13 You don ' t live up here and you
14 don ' t realize what we put up - - what we have to
15 do out there , and you don ' t have to live next to
16 it , and neither do you have to live near this
17 thing .
18 But I think you ought to
19 consider the people out there that have to be
20 with this road and have to have the closing of
21 it , it ' s an inconvenience to us locally , and it ' s
22 not a - - just a - - just a plain thing that you
23 can just say throw it away . I ' ll give you
24 another one , we don ' t know where that road is and
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1 we don ' t know any part of that .
2 I think you folks have got a
3 real obligation here , and I think we ought - -
4 everybody should search their soul to find out is
5 this the right way to go .
6 I hope you can make the right
7 decision , but I never was told and I never
8 accepted that that road should be closed .
9 Thank you .
10 ( Applause )
11 ALDERMAN SPEARS : Thank you .
12 MAYOR PROCHASKA : Is there someone
13 else ? Can we call some more people up ? Are you
14 done ?
15 ALDERMAN SPEARS : Sure .
16 MAYOR PROCHASKA : I am just - - Okay .
17 Is there someone else that would like to speak on
18 the road ? Yes , ma ' am .
19 WHEREUPON :
20 KAREN VOLTE ,
21 testified before the Yorkville City Council as
22 follows :
23 MS . VOLTS : My name is Karen Volte
24 and I live in Millbrook . I was a six - year
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1 resident of Yorkville until I moved there .
2 I just wanted to ask you to
3 please not to vacate , and as you all will not be
4 looking at the beautiful landfill and be drinking
5 the lovely water , but if you would like , I would
6 probably bring you the water from my well after
7 it goes in , and just to let you know , I ' m sure
8 everyone here would agree with me that this is
9 about money issues , and I wasn ' t here earlier , so
10 I don ' t know what was said , but my feeling is I
11 would much rather spend money on extra gas to go
12 out to Oswego or wherever I have to go to go do
13 my shopping instead of having it come into
14 Yorkville for the tremendous growth because
15 obviously it ' s a money issue , and I think I can
16 speak on behalf of most people here would rather
17 spend money on gas than have everyone else come
18 in and - - Excuse me . I forgot my point , I ' m so
19 sorry .
20 My point basically is is that
21 myself as a resident , I would much rather spend
22 money on gas going - - driving further out than
23 have Yorkville be what - - obviously what you guys
24 want it to become , and that would be wonderful
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1 except for this lovely vacation of the road . I
2 am so sorry . Have a good night .
3 (Applause )
4 MAYOR PROCHASKA : Thank you . Any
5 other discussion on the vacation ? We are on our
6 time line , but I guess we ' ll have to deal with
7 it . Yes , sir . Please come forward .
8 WHEREUPON :
9 JOE FAHEY ,
10 testified before the Yorkville City Council as
11 follows :
12 MR . FAHEY : Hi . My name is Joe
13 Fahey , I live on out Lisbon Road in Kendall
14 County . I am also a School Board member , so if
i
15 they complain , you can blame me for taking you
I
16 over ten o ' clock .
17 I ' ve been here most of the
18 night and I have yet to hear any good reason why
19 this road should be vacated . I have a heard a
20 lot of reasons why it shouldn ' t be vacated . In
I
21 fact , I ' ve used it . I live on Lisbon Road .
22 Sleepy Hollow Road runs about a mile parallel to
23 Lisbon Road , so I ' ve used the road often .
24 But as this vacation hearing
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1 has gone and the one previous , I ' ve yet to hear
2 any good reason why the land should be annexed or
3 why this road should be vacated .
4 I ' ve heard plenty of reasons
5 why it shouldn ' t , but I have yet to hear - - I ' ve
I
6 heard control , yet when I ' ve heard people cite
7 the annexation agreement and vacation of the
8 road , all you are doing is giving up control , so --
9 it seems to me the only control here is the
10 control over the money , whether it ' s the County
11 going to control the money or the City .
12 We ' ve heard the possibility of
I
13 litigation , that ' s one of the reasons . Well ,
14 we ' ve been threatened that if we don ' t vacate
15 this road , Fox Moraine may sue .
16 Well , there may be - - if you do
17 vacate the road , there may be residents that sue
18 because of the vacation .
19 Same with the annexation
20 agreement . If you annex this and somewhere down
21 the road some use comes out of that property
22 that ' s against County ordinance , well , then
23 you ' re going to be sued because the County is
24 going to sue you .
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1 So I think either way you go ,
2 there ' s going to be litigation , so I don ' t think
3 that should be an overriding reason .
4 I mean , if that was the case ,
5 that all you needed to do is threaten to sue and
6 someone would give in . I ' d be making a lot more
7 money as an attorney than I have been .
8 As a matter of fact , there is . :
9 two sides to every story , so I wouldn ' t let the
10 threat of litigation either way affect your
11 decision .
12 But again , I have yet to hear a
13 good reason why this road should be vacated . I
14 think Mr . Leslie read from the ordinance saying
15 that the City Council - - if it is passed , part of
16 that resolution will be the finding that the City
17 Council finds that there is no value in that road
18 or no public interest . Well , I don ' t know how
19 you could sit there and defend that .
20 I ' m sure - - Mr . Kramer said it
21 more eloquently than I have , but I would bet
22 there would be plenty of bids on that road if you
23 put it up for sale .
24 Thank you .
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1 ( Applause )
2 ALDERMAN WOLFER : Yeah . I came
3 tonight with a statement . I am going to give the
4 real condensed version , it is getting late .
5 But along with the changes that
6 I turned in to John to give to Derke , I also want
7 to remove the language that refers to supporting
8 a landfill on this application from the
9 annexation agreement .
10 I do believe that this language
11 doesn ' t hide bias towards the landfill on the
12 Council ' s part and it is in direct conflict . The
13 aldermen should remain impartial .
14 On the Sleepy Hollow Road
15 vacation , I am requesting that we separate the
16 vacation of Sleepy Hollow Road from the
17 annexation and let it go through the public
18 hearing process .
19 There is no - - It will not
20 hinder our City process , that can still stand ,
21 our siting process can still stay on schedule ,
22 but with all the comments we ' ve heard tonight and
23 comments that I ' ve heard from other people , I do
24 believe that we owe this to go through a public
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1 hearing .
2 ( Applause )
3 ALDERMAN BURD : I just would like to
4 say that Alderman Spears and I have voted against
5 vacating this road all the times it came up
6 and from the - -
7 ( Applause )
8 ALDERMAN BURD : Tonight we were
9 supposed to approve the minutes from the October
10 24th meeting , and I would like to just reiterate
11 what I said then .
12 I was told by our attorneys
13 that my fiduciary duties as an alderman would
14 require me to vote for vacating this road because
15 of the annexation agreement , and what I said at
16 that time was it just doesn ' t make sense to me
17 that a state statute would require a 75 percent
18 vote of the aldermen if the state did not mean
19 for the Council to exercise each person ' s best
20 judgment on this issue .
21 Why would our state legislature
22 require us to take a vote that caused us to have
23 a 75 percent majority to pass if they meant for
24 us to just rubber stamp something that was in an
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1 agreement passed by a simple majority ? It just
2 doesn ' t - - It ' s not a common sense thing to do .
3 And the other thing I felt
4 was - - and this is in the minutes , too - - that I
5 don ' t think that - - like some of you have said ,
6 that we should have anyone telling us , any - -
7 any - - any people threatening us , making us vote
8 in a certain way .
9 ( Applause )
10 ALDERMAN BURD : We should vote what
i
11 we think is best by our own opinions and for the
12 community , and I really think that we all need to
13 consider this and look at it from a common sense
14 standpoint and try to do what we think our
15 constituents would want us to do and what is best
16 for the community and each of us weigh it that
17 way and not be influenced by these threats of
18 litigation because , like some people have clearly
19 pointed out , everybody and their brother right
20 now is threatening to sue us , so I think we need
21 to use our own common sense and best judgment .
22 ( Applause )
23 ALDERMAN WOLFER : I just want to
24 make it very clear I will not be influenced by
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1 either side . I am keeping an open mind .
2 I do want to see this go
3 through the public comment process , but I will
4 not say how I am going to vote . I will listen to
5 both sides . And I guess that ' s it .
6 ALDERMAN SPEARS : May I add
7 something to that ?
8 MAYOR PROCHASKA : Yes , you may ,
9 ma ' am .
10 ALDERMAN SPEARS : Oh , I ' m sorry . I
i
11 think before we even go through the public
12 hearings that once again I ' d like to request that
13 we do receive the formal appraisal and we
14 receive , identifying what the public interest is
15 and all the other requirements .
16 I would like to ask that we
17 receive all the evidence before we even schedule
18 a public hearing to discuss this once again .
19 ( Applause )
20 ALDERMAN WOLFER : I respectfully
21 caution we still have that 180 - day time clock
22 ticking . Until we get a judgment , if we get one ,
23 that has stopped , and we cross that line , you are
24 in very real danger of getting a landfill that
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1 you do not want .
2 So until that hundred - - until
3 we get a ruling , everything is opinion until I
4 get a ruling , so I caution that we have to keep
5 the siting process going while we are listening
6 to this .
7 MR . GILSON : May I comment to that ?
8 MAYOR PROCHASKA : At this point we . -.
9 are still just talking about the vacation . I
10 know . I understand .
11 ALDERMAN SPEARS : I would like to
12 make one quick comment also .
13 MAYOR PROCHASKA : Okay . All right .
14 We need to - -
15 ALDERMAN SPEARS : I just want to
16 make one quick comment . My personal opinion is
17 let ' s start the clock over again .
18 ( Applause )
19 MAYOR PROCHASKA : All right . Well ,
20 okay . Whether all of us want that or not , what
21 we don ' t know is if that is possible , and the
22 err - - the judgment that has been said is that
23 you continue until it ' s shown that that can
24 happen .
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1 Mr . Gilson , did you have
2 something you wanted to say ?
3 MR . GILSON : Dean , I just wanted to
4 respond to your comment about the vacation of the
5 road .
6 If the road doesn ' t get
7 vacated , it changes the design of that
8 landfill - -
9 MAYOR PROCHASKA : Okay . Well - -
10 MR . GILSON : - - which means that
11 there has to be a refile of that application - -
12 MAYOR PROCHASKA : Okay . Well - -
13 we - -
14 MR . GILSON : - - so that will stop
i
15 the 180 - day clock . I ' m not talking about the
I
16 substance of the application .
17 MAYOR PROCHASKA : Sir - -
18 MR . GILSON : I am talking about the
19 vacation of the road .
20 MAYOR PROCHASKA : You are going
21 beyond the - -
22 MR . GILSON : No , I ' m not . No . I ' m
23 not .
24 MAYOR PROCHASKA : Jen , did you want
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1 to come down ? Please , come on down .
2 WHEREUPON :
I
3 JENNY LUNN ,
4 testified before the Yorkville City Council as
5 follows :
6 MS . LUNN : Jenny Lunn ( phonetic ) ,
7 122 Blackberry Lane , Yorkville , Illinois .
8 Art , maybe I heard you wrong at
9 a prior meeting , but I thought I heard if the
10 annexation process was stopped that everything
11 had to go back and be restarted from 180 days .
12 MAYOR PROCHASKA : No , I never did
13 say that it had to stop . No . What we said was
14 we did not - - no .
15 ALDERMAN WOLFER : The point is
16 whatever was said , it does not stop the 180 - day
17 clock according to the attorneys that we have
18 talked to .
19 Until there is a judgment or a
20 challenge and an actual ruling , we don ' t know for
21 sure , so the danger is if you pass that 180 days ,
22 that that will go to the state .
23 MR . GILSON : If we give you a legal
24 opinion differently than that , would you consider
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1 it ?
2 ALDERMAN WOLFER : Well , that
3 actually would get automatically approved at that
4 point , you are correct .
5 MAYOR PROCHASKA : You would need to
6 turn that in to attorneys .
7 MR . GILSON : If we provide you with
8 a different legal opinion , that the vacation will
9 stop the 180 - day file - -
10 MAYOR PROCHASKA : You need - - Well ,
11 all attorneys can give us a lot of things .
12 For the record , the night that
13 I said that , I asked the question , actually I
14 posed the question , is would we want to take that
15 gamble because we didn ' t know what the answer
16 would be , and I know I did - - I did say that ,
17 so yes .
18 ALDERMAN BURD : I thought that
19 tonight was a public hearing - - I thought tonight
20 was the public hearing and that the next thing
21 would be a vote on this .
22 Is there going . to be another
23 public hearing on this process ? I mean , is that
24 part of the process ? We have two public hearings
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1 on this now ?
2 MAYOR PROCHASKA : If the attorney
3 would answer , I am suggesting that this - - this
4 is the public hearing . Now , it would be up to - -
5 it is up to the Council to decide if they would
6 now want to take this up for consideration or if
7 there is other issues that have to come along or
8 if you want to look at it more , that is why when,
9 I was asked the question , can I guarantee that
10 this will be voted on in two weeks , no , I cannot ,
11 because I do not know what the Council ' s pleasure
12 will be as far as moving on with this , so - -
13 Okay . We are now beyond the
14 time , but , Mr . Milliron , if you ' ve got one last
15 thing , short .
16 MR . MILLIRON : Sure .
17 MAYOR PROCHASKA : Short .
18 MR . MILLIRON : It will be pretty
19 short .
20 There is another solution to
21 this problem . You could have Jack forward the
22 citizen ' s petition to the County Clerk and let ' s
23 get it on the ballot .
24 MAYOR PROCHASKA : Okay . That is now
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1 completely off that subject .
2 MR . MILLIRON : No , it isn ' t , but - -
3 MAYOR PROCHASKA : Yes , it is .
4 MR . MILLIRON : - - that ' s a solution
5 that could be tried and let us decide . That
6 statute is plainly clear about what that is , Art .
7 MAYOR PROCHASKA : Sir , we are
8 talking about vacation of the road .
9 MR . MILLIRON : Well , that ' s related
10 to the vacation of the road .
11 So , Dean , let me see if I
12 understood you correctly . Basically what I heard
13 was that once you guys vote to annex and get
14 jurisdiction , at that point in time you will do
15 the road vacation procedures at that point in
16 time . Is that correct ?
17 ALDERMAN WOLFER : I would like to
18 see that separate so long as we can keep the
19 siting process on track because so far all I ' ve
20 heard was opinions and opinions will get you a
21 landfill .
22 If it goes across 180 days and
23 you are wrong in those opinions , they get it by
24 default , so I need an actual judgment .
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1 MAYOR PROCHASKA : You need to
2 stay - - we need to stay off - - we need to stay - -
3 we do - -
4 MR . MILLIRON : Okay . What I heard
5 was - -
I
6 MAYOR PROCHASKA : I know it ' s
7 getting late , we want to - - we really need to - -
8 if there is any more comments on the vacation of .-=
9 the road .
10 MR . MILLIRON : So once you get
11 jurisdiction , then we ' ll have a new public
12 hearing , assuming you vote that way ?
13 MAYOR PROCHASKA : That was the
14 recommendation he did make .
15 MR . MILLIRON : All right . Thank
16 you .
17 MAYOR PROCHASKA : That was the
18 recommendation he made , yes .
19 Is there any other discussion
20 on the vacation of the road ?
21 ( No response )
22 MAYOR PROCHASKA : If not , I would
23 entertain a motion to close this public hearing .
24 ALDERMAN WOLFER : So moved .
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1 ALDERMAN LESLIE : Second .
2 MAYOR PROCHASKA : Moved and
3 seconded . May I have roll call , please ?
4 MS . MILSCHEWSKI : Burd .
5 ALDERMAN BURD : Aye .
6 MS . MILSCHEWSKI : Spears .
7 ALDERMAN SPEARS : Aye .
8 MS . MILSCHEWSKI : Bock .
9 ALDERMAN BOCK : Aye .
10 MS . MILSCHEWSKI : Besco .
I
11 ALDERMAN BESCO : Aye .
12 MS . MILSCHEWSKI : Leslie .
13 ALDERMAN LESLIE : Aye .
14 MS . MILSCHEWSKI : Wolfer .
15 ALDERMAN WOLFER : Aye .
16 MS . MILSCHEWSKI : James .
17 ALDERMAN JAMES : Aye .
18 MAYOR PROCHASKA : Okay . Before we
19 move - - We have one more public hearing that we
20 have to formally go through , but this one the
21 petitioner has asked that it be postponed , so at
22 this time I would entertain a motion to go into
23 public hearing for PC 2006 - 93 , Rush - Copley
24 Medical Center , petitioners , has filed an
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1 application with the United City of Yorkville ,
2 Kendall County , Illinois , requesting rezoning
I
3 from United City of Yorkville 0 Office District ,
4 United City of Yorkville Planned Unit Development
5 Zoning and preliminary PUD .
I
6 The real property consists of
7 approximately 44 . 12 acres located south of
8 Veteran ' s Parkway just to the - - adjacent to the ;
9 Fox Hill subdivision , Yorkville , Kendall County ,
10 Illinois . And put this all in the motion ? Okay .
11 We need to open the hearing .
12 ALDERMAN WOLFER : So moved .
13 ALDERMAN BURD : Second .
14 MAYOR PROCHASKA : Moved and
15 seconded . May I have roll call , please ?
16 MS . MILSCHEWSKI : Burd .
17 ALDERMAN BURD : Aye .
18 MS . MILSCHEWSKI : Spears .
19 ALDERMAN SPEARS : Aye .
20 MS . MILSCHEWSKI : Bock .
21 ALDERMAN BOCK : Aye .
22 MS . MILSCHEWSKI : Besco .
23 ALDERMAN BESCO : Aye .
24 MS . MILSCHEWSKI : Leslie .
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1 ALDERMAN LESLIE : Aye .
2 MS . MILSCHEWSKI : Wolfer .
3 ALDERMAN WOLFER : Aye .
4 MS . MILSCHEWSKI : James .
5 ALDERMAN JAMES : Aye .
6 MAYOR PROCHASKA : Okay . We are in
7 public hearing . With that , I would entertain a
8 motion to close and postpone this public hearing ;
9 to the February 13th , 2007 City Council meeting .
10 ALDERMAN BESCO : So moved .
11 ALDERMAN BURD : Second .
12 MAYOR PROCHASKA : Moved and
13 seconded . May I have roll call , please ?
i
14 MS . MILSCHEWSKI : Burd .
i
15 ALDERMAN BURD : Aye ,
16 MS . MILSCHEWSKI : Spears .
17 ALDERMAN SPEARS : Aye .
IS ALDERMAN BOCK : Bock .
19 ALDERMAN BOCK : Aye .
20 MS , MILSCHEWSKI : Besco .
21 ALDERMAN BESCO : Aye .
22 MS . MILSCHEWSKI : Leslie .
23 ALDERMAN LESLIE : Aye .
24 MS . MILSCHESKI : Wolfer .
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1 ALDERMAN WOLFER : Aye .
2 MS . MILSCHEWSKI : James .
3 ALDERMAN JAMES : Aye .
4 MAYOR PROCHASKA : Okay . That public
5 hearing is closed .
6 ( Which were all the
7 proceedings had in
8 the public hearing .
9 portion of the
10 meeting . )
11 - - - 000 - - -
12
13
14
15
16
17
18
19
20
21
22
23
24
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1 STATE OF ILLINOIS )
ss :
2 COUNTY OF LASALLE )
3
4 CHRISTINE M . VITOSH , being first duly
5 sworn , on oath says that she is a Certified
6 Shorthand Reporter doing business in the State of
7 Illinois ;
8 That she reported in shorthand the
9 proceedings had at the foregoing public hearing ;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearing .
14 IN WITNE�SSn WHEREOF I have hereunto set
15 my h this / l� J day of
16 ----- LL------------ 2007 .
17
18
19 ^
20
RISTINE M . VITOSH , C . S . R .
21 CSR License No . 084 - 002883
22
23
24
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211
$10,000 74: 18, 74: 18 2006-115 157:7 6,000 164: 14, 164: 14 above-entitled 1 :7
$20,000 6: 18, 6: 18 2006-119 3: 13 65 152: 16 absent 173:20
---oOo--- 209: 11 2006-9 17: 14, 35:23, 7 32: 18, 33: 3, 51 :5, Absolutely 29: 11 ,
06-999 153:5, 154: 1 , 206:23 72: 3 103: 1 , 113:21 ,
156:21 2007 208: 9 70 156:23 173: 11
06-9993 35: 16, 50:20 2007. 210: 18 71 17:24, 32:23, abut 33: 14
084-002883 210:24 20th 49:9 32:24, 72:4, 147:20, abutting 45: 11
1 154:2, 185: 1 213 178: 13 148: 1 , 152: 13, accept 116: 18, 118:4
1 . 32: 1 22 85:24 156:24, 175: 13, accepted 190:8
1 .5 31 :22 23 37:24, 38:22, 176: 17, 183: 9, access 6:23, 166: 14,
100 5: 15, 23:9 147:22, 148:6, 177:3 183:24 171 : 1
100-year 25:9, 23rd 3 :7 75 196 : 17, 196:23 accommodate 42 :7
25: 12, 25:21 24th 196: 10 759.7 51 :4 accordance 65:7,
10 :0 147: 13, 147: 13 24x7 92:22 760 170:4, 170:5, 116: 14
10:00 129: 1 , 129: 1 26 148:3 170:5 according 143:20,
117 5: 15 26th 167:6, 181 : 11 , 7 :00 1 : 9, 1 :9 201 : 17
12 55: 10 181 : 19 , 181 :20, 7th 21 : 16, 29:22 account 6: 19
12,000 23: 17, 23: 17, 187: 12 8 181 : 12, 181 : 14 acquired 177: 11
30:20 , 30:20, 31 : 17, 279 179:6 80 23:9 acre 22:6, 22: 17,
31 : 17 3 154: 16 800 1 :9 2219, 30:21 , 30:23,
122 201 :7 30 66 : 10, 135: 5 84 5: 16 31 : 1 , 31 : 17 , 31 :23,
13th 208:9 34 36:8, 108: 19 89 148:2 33:4, 34:2
14 147:22 36 147:22 8th 115: 11 , 180: 19, acres 13: 15, 13: 151
14765 25:3 365 92:22 180:22, 181 : 5 , 181 :6, 17:23, 19:23, 22: 15,
15 71 : 13, 71 : 14, 37 19:23, 31 :24 181 :8, 181 : 13, 23: 11 , 30:23, 32: 1 ,
76: 14 37.55 17:23 184:21 36:7, 51 :4, 170:4y
16 67: 11 4 26:24 9 37: 19, 38:2, 39: 1 170:5, 170:6, 207:7
16th 74:22, 116: 16 405 53:24 9-26 74: 12 across 103: 19,
17 81 :7 43,560 31 : 17, 31 : 17 9-28 74: 10 142:9, 204:22
17th 112:21 , 112:23, 44 24:8 90 7:8, 93: 10 Act 135:20, 135:21 ,
123: 16, 129: 18 44.12 207:7 135:24, 136:20,
180 201 : 11 , 201 :21 , 4500 27: 18 137: 16, 137:23,
204:22 455 129: 13 < A > 180: 11
180-day 177:21 , 47 32 :24, 36:8, 46:6, A-1 17: 19, 51 : 1 , acting 87:8, 136:24,
198:21 , 200: 15, 182:23 , 183:24 51 :2, 85: 10, 85: 10, 137: 1 , 137:4
201 : 16, 202:9 48 141 :22 85: 11 , 85: 16, 88: 13, action 124: 18
19-day 74:24 5.7 36:7 88: 14, 90: 19, 91 :2, actions 124:2,
1935.49 148:4 5/11 -91 - 152: 16 94:22, 95:2, 96: 10, 124:22
19th 181 : 18 50 38: 1 , 38:23, 98: 5, 100: 1 , 100: 12 acts 65: 12
1st 138:4 42:20, 43:4, 44: 1 A. 184: 10 actual 13:8, 21 : 19,
2 154: 11 500 54: 10 abide 41 : 19, 77:7 21 :20, 84: 13, 107: 1 ,
20 37:24, 38: 1 , 500-foot 91 : 9 ability 121 :2 115:22, 144 - 16,
38:22, 38:23, 44: 1 , 514 184: 15 able 14: 1 , 24:4, 148: 10, 150:9, 155: 1 ,
49: 15 53 19:24, 31 :24 53: 12, 66: 14, 70:79 155:7, 155:20,
200 74:22, 76: 17 55 148:2 94: 17, 133:24, 179: 10, 181 : 1 ,
2001 37: 18, 38:5, 58 47: 9 147: 14 201 :20, 204:24
40: 18 5th 77: 16 abomination 26:23 Actually 12: 15,
2006 64:9, 184:21 6 185: 1 above 26: 1 24: 15, 25: 11 , 33:20,
Depo Court Reporting Service (630) 983-0030
212
41 : 13, 41 :20, 45: 14, 105: 1 , 105: 12, 196: 18 104: 11 , 111 :5, 111 :6,
46: 14, 47:20, 67: 15, 105: 15 alderpeople 96:7, 124:24, 128: 18,
84: 14, 85:8, 101 : 11 , advisory 71 : 16 99: 14 130: 8, 136: 19, 137:2,
102:3, 135:23 , affair 102:5 Alderpersons 54: 1 162: 16, 193:20,
138:22, 142: 14 , affect 194: 10 ALEX 140: 17, 204: 13
143:21 , 158:6, affected 58:2, 58:23, 140:20, 140:211 annexation. 82:23
158: 11 , 159:23, 60:6, 60: 16 , 61 : 13, 140:24, 141 : 10, annexations 29:7,
160: 11 , 162:20, 62: 18, 68:20, 128: 16, 141 : 15, 141 : 18, 167:22
168:5, 168: 12, 170: 19, 172:6, 142:3 Annexed 23: 19,
168: 15, 170: 17, 172: 11 , 172:23 algae 48: 1 57: 1 , 64: 16, 64:24,
177: 11 , 202: 3, aforesaid 210: 14 Allegiance 3: 1 65:3 , 70: 12, 85: 15,
202: 13 afraid 28: 9 alleviate 60:4 102:9, 102: 16,
Adamantly 141 :2 afternoon 75: 10, allow 23: 15, 39:21 115: 13, 123:21 ,
add 13: 14, 20:24, 75: 11 56:3, 64: 12, 65:6, 130:9, 133:4, 136: 17,
179:20 , 198:6 afterthought 167:9 81 : 10, 81 :23, 124:8p 137: 16, 137:22,
additional 11 :23, agenda 17: 12, 126:24, 133: 10 143: 16, 143: 18;:
13: 13, 64: 13, 186:21 30: 15, 67: 17, 115:4, allowed 5:23, 7: 16, 143: 192 144: 11 ,
address 5:9 , 12: 12, 141 : 14 71 :6, 81 : 12, 123:22, 157:7, 159:23, 160:6,
12:23, 24: 19, 27: 10, agent 13: 12 180: 8 161 :7, 161 :24,
39: 9, 113: 16, 113: 19, ago 6:6 , 32:20, allowing 31 : 3, 81 :61 168: 19, 193:2
122: 16, 131 :21 , 32 :21 , 71 : 13, 92:9 110:20 annexes 146:8
171 : 11 , 171 : 11 agree 96: 13, 122: 10, almost 32:21 , annexing 64: 14,
addressed 15: 13, 123:3, 171 :21 , 176:6, 131 : 10 90:7, 94 :4, 99: 1 ,
131 : 12 191 :8 already 5: 8, 9:201 128: 17, 139:21 ,
addressing 107: 3 agreeable 157:2 57: 13, 59: 9, 61 :22, 140:5, 140:8
adds 177:8 agreed 60:22, 99: 15 78:6, 86:20, 96: 10, annextion 111 :2
adjacency 167: 18 agreeing 96:23, 100: 13, 149:3, 169:6, Answer 20:4, 23: 15,
adjacent 17:24, 128: 18 179:23 30:20, 39:6, 58:71
20: 18, 23:24, 25:23, agreements 64: 13, although 6: 18, 9:220 63: 11 , 63: 18, 68: 15,
207:8 86: 19, 97:3, 97:4, 10: 16, 159:2 68: 17, 70: 14, 85:7,
adjoining 153: 5, 100:2 amazing 109:6 96: 19, 117: 11 , 124: 8,
153: 11 , 153: 18 agrees 64: 1 , 95: 51 amendment 36: 3, 131 :8, 131 :23,
adjunct 111 : 10 95: 12, 95:22, 98: 19, 37: 189 37:20, 40: 15 141 : 17, 141 : 19,
adjustments 38: 14 123:20, 156:22, amenity 27: 15 186: 15, 202: 15,
administration 72:8 185:8 amiss 105:21 203:3
Administrator 2: 10 Agricultural 51 :2, amount 9: 1 , 9:7, answered 58: 11 ,
admit 175: 16 85: 10, 85: 14, 88: 1 24:2, 46:24 68: 16, 131 :24,
adopt 95:22, 95:24, aha 163: 19 analysis 125:21 , 132: 10
98: 19 , 185:8, 185: 10 ahead 15:3, 24:6, 125:22, 126:3, 139:6, answering 23: 13,
adopted 134: 1 56: 10, 77:20, 131 :22 139:9, 139:20 187: 19, 188:3
Adrienne 67:9 air 118: 19 angle 41 : 17 , 41 : 19, answers 128: 10,
advice 59:12, 59: 16, Al 82: 15, 82: 18 41 :20 166: 10
60: 10, 63: 3, 121 : 11 , aldermanic 62: 1 ANN 2:9 anticipate 185:20,
121 : 12, 121 : 17, aldermen 105:2, annex 30: 13, 67:23, 186: 12
123:24, 131 : 1 , 131 :2, 107: 10, 117:3, 120: 1 , 68:8, 68:24, 69: 5, anticipated 39:4,
131 : 5 121 :3, 121 :21 , 127:7, 69: 16, 70: 179 70: 17, 42: 17, 42: 18, 44: 16
advise 59: 14, 126:21 174:20, 180: 12, 74:24, 75: 11 , 85:2 , anybody 13:9, 39:81
advised 100:9, 180: 14, 195: 13, 91 : 1 , 103:8, 103: 13, 183 : 5
Depo Court Reporting Service (630) 983-0030
213
anyway 77:21 , 99:51 approval 19:21 , aspects 59: 17, 124: 14, 125: 18,
142:2, 171 :7, 171 : 13 98: 12 , 98: 17, 98:24, 64:23 134: 13, 156:9, 185:3 ,
apologize 138: 18, 105: 13, 154: 18, asserting 65: 15 188: 11
155:23 174:7 assessments 6:4 August 180: 19,
Apparently 14: 19, approvals 95:8, asset 8: 14, 123:8 180:227181 :5, 181 :6,
145:22, 166: 17 95: 14 assets 8: 13 181 :8, 181 : 13,
appear 157:2 approve 175:8, assist 123: 8 181 : 14
appeared 2: 18 196:9 Assistance 76: 14, Authority 64:9,
appears 76: 19 approved 5: 15, 95: 5, 95:6, 185: 1 , 131 :7
applicant 61 : 1 , 61 :51 11 : 18, 202: 3 185:5 authorizing 184: 19
61 :7, 61 : 10, 135:3 approving 116: 5 Association 5: 1 , 5:3, automatically 202:3
application 17: 15, Approximately 5: 16, 5: 14, 5: 16, 5:20, available 64: 17,
32:9, 35: 17, 36: 11 6:6, 6: 18 , 7:7, 17:23, 5:23, 6:4, 6: 10, 6: 17, 94:8, 143:9, 186: 10
50:22, 56:6, 57 : 11 19:23 , 23: 17, 27: 18, 7:3, 7: 15, 7: 16, 8: 12, Avenue 42:21 , 43:24
57: 13, 60:7, 68:31 30:22, 36:7, 51 :41 9: 18, 10:2, 11 : 8, average 31 : 16
77: 15, 77: 17, 88:22, 207:7 11 : 12, 11 : 15, 45: 11 , avoid 7: 19
90:21 , 101 :22, 103:41 April 112:21 , 112:23 46:20, 47: 1 , 47:5 aware 99: 10, ' 118: 17,
136:24, 137:5, arbitrary 155: 19 associations 7:22, 186:24
137: 16, 137: 18, Arden 145: 1 , 145:4 9: 12, 9: 19, 9:21 , away 75:5, 87:21
137:20, 138:4, Area 3: 13, 5: 13, 8:7, 11 :22, 12:7 171 :4, 177:22,
139: 14, 164: 19, 9:7, 11 : 14, 12: 1 , assume 10: 15, 189:23
177: 16, 195:8, 24:9, 24: 12 , 25: 14, 132:5
200: 11 , 200: 16, 25: 17, 31 : 9, 39: 19 assumed 6: 10, 10:7,
207: 1 40:23, 41 : 15, 43:5, 187:23 < B >
applied 103:21 46:21 , 63:7, 68:20, assuming 88: 13, B. 52:22
applies 135:22 86: 8, 152:24, 189:2 161 : 15, 161 : 16, back 6:22, 9:8, 11 : 5;
apply 88:23, 90:21 areas 37:23, 38: 1 , 205: 12 12:2, 23:5, 24: 181
103:22, 103:22, 41 :7, 41 :9, 41 : 101 assumption 169: 16 35:20, 40: 18, 46: 1 ,
103:23, 104:2, 136: 9, 41 : 11 , 41 : 12 attached 84: 10, 49:9, 57: 12, 59: 16,
158:24 arguably 65: 15 115:3, 152:21 , 78:20, 78:24, 80:5,
applying 90:2, 90:3, argued 47: 16 152:23, 154: 15 81 :20, 84:7, 89:5,
95:7 Aristotle 128: 13 attend 115: 9 93:9, 94: 19 99:3,
appraisal 174: 17, arm 75:20, 75:22 attended 14:20 126:22, 138:22,
186:23, 198: 13 Army 83:21 , 164: 163 attention 75:7, 147: 18, 171 : 14,
appraisers 174: 17 166:7 184:23 171 :20, 176: 16,
appreciate 28:21 , around 25: 15, 47:22, Attorneys 8:2, 63:69 177:22, 178:2,
34:3, 56: 1 , 66: 109 55:8, 75:20, 75:22, 63:20, 105: 1 , 105: 13, 187: 14, 187: 15,
116: 9, 129:23, 77:2, 110:6, 112: 18, 106: 17, 121 : 14, 187:21 , 201 : 11
129:24, 132: 14, 124: 17, 139:22, 121 :20, 125: 16, back-up 9: 17, 11 : 1
175:4, 179:8 176: 15 126:7, 126: 16P 131 :4, background 63: 5,
appreciated 187:6 arrangement 46:7 187:3, 196: 12 , 122:5
apprised 179: 9 arrogance 72 :7 201 : 17, 202:6, backing 28: 11
approach 90:4 Art 32:21 , 33:22, 202: 11 backroom 75: 1
approached 46:22 62:5, 73:8, 73: 141 auction 174:23 backs 60:8
approaching 42:21 , 75:20, 76: 11 , 93:20, AUDIENCE 12:22, bad 109: 10, 183:20,
43:2 168:22, 201 :8, 204:6 15: 15, 16:3, 23:4, 183:22, 183:23,
appropriate 46: 15, ARTHUR 2:2 39:8, 52:8, 68: 141 184:2, 184:4
88: 14 article 105:5, 181 :4 83: 141 88:5, 118: 15, bag 102:24
Depo Court Reporting Service (630) 983-0030
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balance 128: 14 believe 12:5, 22: 10, bias 195: 11 bottom 75:7, 75: 8
ball 61 :22 28: 15, 30: 14, 54:22, biased 135:8 Boulevard 170:21
ballot 203:23 68:23, 80:7, 80: 11 , bids 194:22 bound 109: 5
band-aids 86:20 81 :9, 88:7, 92:6, big 22: 5, 42: 11 , boundaries 145: 13
bank 6: 19 92: 14, 92:20, 92:23, 71 : 11 , 72:4, 75 : 12, boundary 43: 13,
Barberry 129: 14 95: 18, 97:3, 118:3, 75: 15, 76: 15, 80: 13, 138:2 , 142:24,
barred 14: 17 122:2, 129: 18, 130:5, 167: 17 143:23
barrier 54: 12 131 : 14, 131 :23, bigger 40:20 box 40:20, 41 :22,
barring 14:2 133:20, 142:24, biggest 11 :2, 77:21 41 :23, 42:7, 42: 11 ,
Bart 29:2 155: 14 , 188:8, bills 6:9 75:8
BARTELL 4: 18, 188: 13, 195: 10, binding 64:22 boxes 26:22, 42: 13
4:21 , 4:22, 12: 19 195:24 bit 15:8, 30:9, 42: 17, Boy 163: 10
Based 5: 5, 9: 14, belong 116:7 44: 18, 90: 1 , 118: 18, branch 25: 19
63:23, 101 :22, 114:2, beneficial 32:8, 91 :6 162:8 breach 114:9,
122:21 , 139:5, 154:6, benefit 40: 1 , 91 :89 Blackberry 201 :7 114: 18, 114:21 ,
156: 14, 162: 11 , 125 :22, 139:6, 139:9, blame 192: 15 135:2, 135: 111 :
179: 14 139:20, 174:24 blatant 72: 8, 76: 19 135: 16
basement 31 : 14 Bernadette 33: 13, bleeding 109: 10, breached 65: 10,
basic 38: 3, 38:8 33: 15 109: 10, 109: 11 , 120:24
Basically 25:4, BESCO 2 :8, 4 :6, 4:7, 109:24 breaches 65: 5
33: 12, 37:22, 41 :2, 17:7 , 17:8, 18:8, blocking 60:7, breath 156: 11
41 :4, 42:7, 44: 141 18: 9, 35:9, 35: 10, 103: 11 Brestal 19: 10
97:7, 191 :20, 204: 12 37:2, 37:3, 49:21 , blood 109: 11 brief 5:5, 12:8,
basin 48:2 50: 11 , 50: 12, 51 : 8, Board 5:2, 6: 1 , 8:22 , 13: 16, 129: 111
basis 123:5, 162:21 51 :21 , 51 :22 , 147: 3, 11 : 17, 29:24 , 30: 10, 129: 16, 134:21
BATHWORTH 66: 1 , 147:4, 149: 15 , 77: 18, 78: 13, 130:20, briefly 13:6
66:4, 66:4, 66:20 149: 16, 170:21 , 174:8, 192: 14 Brighton 20: 19,
Beacon 63:23, 183:7, 206: 10, Bob 57:21 , 58: 1 , 20:21 , 27: 14, 33: 13
71 :24, 104:24 206: 11 , 207:22, 165:21 Bring 55:4, 79: 191
bear 107: 14 207:23, 208: 10, BOCK 2:7, 3:9, 3: 18, 80: 15, 86: 15, 92: 13,
bears 148:2 208:20, 208:21 3: 19, 17:9, 17: 10, 96:23, 106: 11 ,
beautiful 191 :4 besides 76: 18 18:20, 18:21 , 34: 18, 115:22, 165:9, 191 :6
became 65: 3 best 12: 12, 38:6, 35:7, 35:8, 36: 111 bringing 66:7, 94:22,
become 48: 1 , 54:71 65: 15, 73:2, 121 : 13, 36:24, 37: 1 , 50:91 95: 1 , 96:9, 99:247
89:3, 90: 18, 191 :24 125: 10, 125: 10, 50: 10, 51 :70 51 : 19, 100: 12
becomes 85:3, 126: 17, 126: 18, 51 :209 147: 1 , 147:2, brother 197: 19
146: 8, 157:5 174: 3, 188:22, 148:7, 149: 13, brought 14: 111
becoming 15:21 , 196: 19, 197: 11 , 149: 14, 206:8, 206:9, 14: 13, 14: 16, 131 : 19,
55:9 197: 15 , 197:21 207:20, 207:21 , 131 :24, 163:4,
beg 87:3 bet 104: 10, 159:71 208: 18, 208: 18, 164: 12, 167: 15,
begin 169:23 194:21 208: 19 167: 17, 168:21 ,
beginning 121 : 12, bets 104: 10 bodies 95: 11 170: 13
177: 18 better 38: 10, 58:4, Bohn 182: 11 Brown 84:21 , 84:241
begins 117: 8 86: 17, 121 :6, 126:249 boom 167: 16, 84:24
behalf 2: 18, 5:2, 172: 16 167: 16, 167: 16, Buffalo 4:23
191 : 16 beyond 101 : 13, 167: 16 buffer 38:22, 41 : 141
behind 45:21 , 125: 1 , 166:5, 200:211 bore 185: 13 42 :4, 45:20, 46:9
125: 1 , 159: 10 203: 13 bothers 189:8 buffering 46:2
Depo Court Reporting Service (630) 983-0030
215
build 155: 17, 171 :7 CARLSON 133: 15, 48:24, 74: 18, 128: 14 close 14:23, 34: 16,
building 24: 8 , 37:24, 133: 18, 133: 19, Chicago 54:5, 55: 13, 49: 19, 68: 19, 134: 10,
38:23, 41 : 1 , 41 :21 134:7 64: 1 , 79: 10, 79: 15 , 144:21 , 146: 12,
41 :3, 41 :23, 42: 10, carried 4: 8, 17: 11 , 79: 15, 79: 16, 81 : 13, 182: 18, 205:23,
44: 5, 44: 8, 44: 151 18:22, 35: 11 , 37:4, 81 : 14, 81 : 17, 81 : 17 208: 8
44:21 50: 15, 52 : 1 , 147:9, children 66: 13 , closed 147: 10,
buildings 39:2, 39:3, 149:21 107: 19, 108:4, 189:3, 190:8, 209: 5
46: 1 case 65:2 , 157:241 108:20, 109: 13, closely 20:2, 75: 19
built 155: 12 194:4 109: 17 closer 40:2, 44: 16,
bunch 74: 3, 74: 141 cases 127: 16 China 134:2, 134: 3 44: 18, 45: 14
118: 24 cat 102:23 choosing 139: 9 closing 16: 15,
burden 62: 17, Cattle 77: 15 CHRISTINE 1 :8, 188:24, 189:8,
153: 15 caught 109:22 210:6, 210:23 189:20
burdens 60:5 cause 16: 1 , 61 :21 , Circle 129: 14, 179:6 clubs 109:2
buried 164: 14 96: 1 , 153: 10, 185: 11 circled 74:21 Cobine 19: 10
Burt 37: 15 caused 196:22 circumstances Code 64:9, 64:12
business 14: 3, caution 198:21 , 130: 12, 158:22 coerced 135:15
14: 18, 65: 12 , 77:5, 199:4 circumvent 183:23, coincides 180:20
77:6, 78:4, 111 :81 cautious 59:20, 184:2 collected 6:9, 11 : 11
132: 9, 210:8 59:24 cite 193:6 collective 76:24
butts 31 : 5 cell 187:20 citizen 107: 11 , collectively 72:22
Center 35:24, 38:4, 113:8, 178: 12, collects 31 : 10
206:24 203:22 College 111 : 11
< C > certain 38: 1 , 41 : 101 citizens 58:23, 78:4, COLOSIMO 110: 15,
C.S.R. 1 : 8, 210:23 41 : 10, 42: 14, 46:24, 113: 3, 171 :8, 172:9 110: 18, 110:21 ,
call 3: 17, 16:20, 197: 8 city-type 24:5 111 :22, 113 :2
18:7, 31 :6, 34:20, Certainly 4: 15, civil 19: 16, 24: 16 comes 13:20, 29: 14,
36: 13, 49:24, 51 : 10, 48: 18, 49:8, 49:91 clarify 69:3, 122: 12 , 57: 12, 77: 17, 85: 11 ,
127:6, 146: 18 , 149:6, 108:23 122: 16, 132: 1 , 162:6 168: 17, 176: 12,
182: 14, 187: 18, Certified 154: 13, class 111 : 14 182:23, 193:21
187:21 , 187:23, 210:7 classroom 111 :23 coming 22: 16,
188: 13, 190: 13, chair 72: 19 Claudette 133: 15, 38: 11 , 55: 12, 84: 16,
206:3, 207: 15, challenge 201 :20 133: 18 138: 19
208: 13 challenges 106: 19 Clause 76: 14 comment 23:2,
called 54:6, 83: 16, chance 33:20, 64:3, clean 91 :4 45: 19, 46: 14, 53:5,
125:22, 127:5, 77:2, 106: 10 clear 88:9, 90: 1 , 57: 16, 57: 18, 68: 11 ,
180: 10 change 44: 1 , 45: 15 , 112:6, 129: 15, 130:7, 68: 12, 73:221 73:23,
campaign 74: 19 89:5, 154:20 197:24, 204:6 86:3, 86:24, 91 :23,
cancer 66: 15 changed 40:23, clearly 112: 14, 91 :23, 99:20, 104:24,
Candidate 74: 16 155:8 114:7, 173:20, 174 :3, 118: 14, 121 : 9, 128 :5,
candor 129:24 changes 28: 13, 197: 18 133: 13, 138: 19,
capacity 130:22 195:5, 200:7 Clerk 2: 14, 154: 11 , 140: 11 , 140:21 ,
capture 75: 1 changing 31 :2 203:22 152: 17, 158:2,
captured 75: 16 character 31 :2 client 176: 9 160: 14, 161 : 12,
care 15: 19, 15:20, charge 56: 12 clients 53: 1 , 125:24 161 :22, 162:7, 164:9,
92: 11 , 92: 12 charged 9:7, 12:2 clock 177:21 , 169: 11 , 198:3, 199:7,
careful 78: 18, 126:2 Charles 52:21 198:21 , 199: 17, 199: 12, 199: 16,
Carlo 110: 15, 110:21 Check 28: 18, 29:20, 200: 15, 201 : 17 200:4
Depo Court Reporting Service (630) 983-0030
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commented 15: 12 compassion 86:7 congestion 55:8 context 59:23
comments 4: 14, 5:41 compensation connect 156:24 continue 7: 15,
5:7, 12: 17, 13:3, 153:9, 153: 11 , connected 177:21 26:21 , 121 :4, 132: 9 ,
16:9, 20:9, 23:2, 174: 13 connection 95: 16 199:23
23: 14, 44:24, 52: 15, complain 192: 15 consent 37:20 continued 21 : 18
53: 10, 53: 12, 54: 18, complete 60: 18 consequences continues 44:22
56: 14, 57: 5, 57:91 completely 204: 1 108: 1 , 108:2 continuing 132:6
57: 11 , 63: 13, 107:4, compliance 7:9, conservancy 164:6 contituents 112 : 17
114:23, 114:24, 7:21 consider 108: 18, contract 114: 10,
115:5 , 120: 16, complicated 124: 17 108:21 , 116: 5o 114:22, 135:3,
123: 14, 124:20, comply 46: 16 , 121 : 10, 136: 18, 168:24, 169:3, 176:7
138:20, 139:6, 143:20 189: 19, 197: 13, contracts 6: 11
158:23, 164: 13, complying 71 : 18 201 :24 contractually 99: 16
165: 9, 165: 18, Comprehensive consideration 34:5, contributing 25: 14
171 :23, 195:22, 31 :21 , 32:3, 32 :61 86: 14, 156:2, 156: 19, Control 6: 8, 7:3,
195:23, 205: 8 86: 13 186: 10, 203:6 64:22, 68:21 , 69: 18,
Commission 21 : 19, concern 9: 11 , 24:20 , considered 117: 1 , 69:22, 70: 5, 70:71
29:91 29: 19, 76: 12 27: 10, 28: 13, 28: 14, 143: 17, 163:9, 72:24, 73: 1 , 73: 11 ,
commit 48: 13 31 : 19, 32: 18, 107: 18, 163: 12, 173:20, 86: 17, 90:8, 91 :21
commitments 64:22 115: 12, 115: 12, 177: 15 92 :6, 92 :20, 92:21 ,
Committee 5: 5, 118:21 , 119: 15 consistent 22: 17 92:23, 107:23, 157:3,
5: 10, 8: 1 , 8: 17, concerned 7: 10, consists 17:22, 157:8, 159:24, 174:8,
116: 16, 142: 1 45: 12, 58:23, 61 : 10, 19:23 , 36:6, 51 :31 183: 181 193:6, 193:8,
common 72:9, 97:2, 61 : 12 , 61 : 16, 61 :20, 207:6 193:9, 193: 10,
121 : 183 122:7 , 197:2, 61 :24, 85:2 constantly 135: 13 193: 11
197: 13 , 197:21 concerns 5:9, 12: 11 , constituents 60:6, controlling 183: 19
commonly 36:5, 15:7, 15: 12, 43:22, 61 : 17, 197: 15 conversation
153:23 83: 10, 115: 8, 116:3, construction 156:24 123: 19, 124: 12
communication 116:4, 117:6 consult 126:4, convoluted 162: 14
132:4 concise 4: 14, 53: 12 126: 11 cooperate 95:6,
communist 107: 13, concluded 124: 19 Consultants 19: 16, 95: 13
107:21 conclusion 11 : 12 25:3 copies 118:8
communities 62: 13 condemnation consumption 71 :8 copy 117: 15, 150:2,
Community 2: 12, 166:22 contact 124:6 154: 13
15: 9, 60:8, 62: 121 condensed 195:4 contacts 29:4 CORCORAN 79:5,
64: 16, 65: 16, 66: 10 , condition 157:6 contained 119:7, 79:8, 79:9, 79: 141
81 :5, 87:9, 91 : 8, conducted 80:2 157: 15 80: 1 , 80: 19, 81 :41
106: 8, 107:20, 109:4, conflict 157: 3, containment 118:22 82:5, 82:9
109:9, 109:22 , 110:8, 195: 12 contains 210: 14 corner 36:8, 67:91
111 : 10, 113:8, 122:4, conform 32: 9 contaminated 66: 16, 148:5
172:3, 197: 12, conformance 32:2, 165:2 corporate 11 : 9
197: 16 32:4 contamination Corps 83:21 ,
Company 35: 15, conformed 32: 10 54: 12, 54: 14 164: 16, 166:7
35: 15, 50: 19, 50:20, confuse 136:2 contemplates 95:20, Correct 29: 15,
114: 19, 153:4, 154: 1 , confused 67:20, 97:20, 185:6 33: 16, 43:3, 43:67
156:21 , 180:21 69:2, 158: 9 contemplating 47:6, 53:2, 68: 1 ,
comparing 86: 19 confusing 163: 11 , 97: 13, 98:3, 99: 11 80:20, 88: 16, 90:9,
comparison 9:23 163:24 contention 135: 1 90: 10, 90: 14, 94:5,
Depo Court Reporting Service (630) 983-0030
217
100:6, 101 :8, 101 :20, cover 8:7, 10: 17, 67: 14, 74:20, 75:9, dedicating 26:3
102: 10, 102:21 , 41 :20 119: 13, 119: 14, dedication 11 : 13,
103: 5, 119:21 , 128: 1 , covered 163: 13 119: 18, 141 :6, 11 : 19
129: 17, 132: 19, covering 37:20 180:20, 180:24, deeds 11 : 19
133:4, 136:8 , 136: 12, cozy 75:21 180:24, 181 :49 181 :9, deep 23:9, 60: 16
136: 12, 137: 3, 143: 5, create 5: 12, 11 :5, 185: 18 deeper 41 : 1
143:7, 148:20, 64: 13 dated 35: 16, 50:201 default 204 :24
158:20, 159:4, 166:2, created 9: 17 153:4, 154: 1 , 156:21 defend 194: 19
177: 17, 178: 19, creation 5: 19, 8:6 daughter 134: 1 define 14: 12
181 :22, 202:4, Creek 24: 10, 25:71 day 33:3, 78:3, defined 59: 19
204: 16, 210: 13 25: 18, 28:7, 32: 18, 113:5, 182:8, 210: 17 definite 135: 16
correctly 42:20, 83: 16, 84:6, 164:23, days 71 : 13, 71 : 14, definitely 91 :7
74:7, 158: 17, 204: 12 183:9 74: 11 , 74:22, 75: 12 , degrees 148:2
CORRINGTON criteria 56: 5, 56:8, 81 :7, 92:22, 201 : 11 , delineate 142:21
27:24, 28:31 28:41 56: 14, 163: 19 201 :21 , 204:22 demand 40:22
28:21 , 30:5, 30:81 CROIS 2: 10 dead 66: 11 , 92:241 democracy 11x:: 19,
30: 16 cross 72: 13, 145: 13, 164: 10, 176: 14, 112: 1 , 112:3, 112:7,
cost 8: 3, 8:23, 9:3, 145: 14, 145: 15, 182: 17 133:23
11 :23, 13: 13, 47:9, 145: 15, 198:23 deal 72: 15, 78: 3, Dennis 66: 1 , 66:4
59:4, 61 : 14, 62:21 CSR 210:24 125:2, 167: 11 , 192:6 density 31 :22, 32: 1
139:6, 139:8, 139: 19, curious 143: 12 dealing 77:7 Department 25: 10
156:22 current 61 : 15, 72:7, dealings 109: 1 depicted 153:3,
costs 8:8, 9:5, 9:9, 87:21 , 89: 1 deals 88: 18 , 105:3, 153:22
12: 1 , 12: 1 , 12:4, 13:8 Currently 69:9, 86: 1 , 167: 1 , 167:2 depth 39:3, 42: 10
Cotswold 31 :6 88: 3, 88: 15, 88: 16, Dean 2:6, 63: 18, Derke 55:21 , 64:91
Councilmen 92:5, 90: 19, 136: 17, 93: 5, 123: 150 179:22, 71 : 16, 92:8, 105:4,
109:21 , 135: 14 162: 15, 163: 17 200:3, 204: 11 126: 12, 135:8, 165:81
Counsel 59: 13, curtailed 120:4 debate 127:20 195:6
117: 15 curve 41 : 18, 43: 13 debris 92: 12 described 147:20,
counseled 63:20 curves 44:21 debt 74: 19 147:23, 152:20,
country 107: 13, cut 103: 19, 109:9 December 5:6, 152:21 , 153:2,
107:21 cuts 138:2, 142: 14 138:4 153:22
country-like 109:4 deceptions 109: 11 description 152:22,
Countryside 109: 3 decide 54: 10, 69:7, 185: 13
county-wide 74: 10 < D > 77: 10, 80: 3, 173: 16, design 27: 17, 200:7
couple 49:8, 94: 19, D-814507 1 :24 203:5, 204: 5 desire 160:20
101 : 17, 144:5 damage 154:7, decided 106:4 destiny 86: 10
course 59: 15, 59:24, 156: 15 decision 77: 19, detached 20: 1
60: 11 , 60: 11 , 60:24, damages 65:5 77:22, 141 : 13, 190:71 details 54: 16
61 :9, 62: 8, 63:2, danger 77: 13, 194: 11 detention 25:23
105:6, 105:8, 105: 11 , 198:24, 201 :21 decisions 179: 14, deteriorating 55: 12
105: 11 , 106:2, Daniel 172: 18, 180: 1 determination
106: 17, 121 :4, 172:22 declaration 7:4, 169: 14
124: 18, 130:24, dared 72: 12 10: 1 , 10:4, 10: 11 determine 8:22,
164:24, 188: 10 darn 155:2 decree 37:20 25: 16, 112:23, 160:7
court 56: 10, 106:5 DARREL 84:21 dedicate 8: 10 determined 49:5,
courts 106:3 Darrell 84:24 - dedicated 8: 19, 153: 13
covenants 7:5 date 29:22, 48: 14, 25:24, 26: 1 , 152: 12 determining 25: 11
Depo Court Reporting Service (630) 983-0030
218
developer 6: 8, 6:9, discuss 35:23, documents 11 : 17, drew 72: 14
6: 15, 7:2 , 7: 18, 7:23, 59: 11 , 144:22, 11 : 19 drinking 191 :4
10:3, 10: 11 , 11 :31 147: 15, 198: 18 doing 14:2, 14: 171 Drive 26:24, 33:21
14:2, 14: 17, 38: 12, discussed 7:24, 15: 10, 47:5, 47:71 41 : 17, 41 : 18, 42:24,
39: 11 , 52:7, 65 :7 10: 10, 13: 19, 28: 16, 47:21 , 97: 11 , 133:21 , 43: 14, 43:23, 44: 18,
developers 47:2, 53:7, 55:6 , 84: 160 193:8, 210:8 44:21 , 177:4
183:20 107: 17, 141 :24, dollars 115:21 driven 88: 10, 178: 15
developing 41 : 16, 188:24 Dommermuth 19: 10 driving 91 :22, 92:41
176: 10 discussing 17: 14, Don 39: 18, 39:21 , 92: 19, 191 :22
Development 2: 12, 50: 18, 57:5, 119:6, 75:23, 188:7 DRUCELL 134: 18,
6: 12, 32:9, 38:201 160:4 Donahue 38: 12, 134:21 , 134:22,
42: 10, 46:4, 46:23, discussion 3: 12, 38: 16, 38: 19, 38: 19, 136:4, 136:8, 136:20,
47: 10, 64:24, 95: 9, 16: 14, 34: 13, 35: 13, 40:21 , 41 : 12, 42:5, 137:3, 137: 101
95: 16, 97: 15 , 153: 17, 40:8, 120: 15, 133: 1 , 42 :9, 42:23, 43:31 137: 15, 137: 19,
155: 17, 175:9 , 207:4 147: 17, 160:20, 43:6, 43:9, 43: 121 138:6
developments 55:8 168:20, 169: 14, 43: 18, 44:2, 44: 80 drummed 122;6
dictate 61 :3 180:4, 187:24, 192:5, 44: 14, 48: 18 drummer 178: 1
dictionary 59:20 205: 19 done 11 :22, 23: 151 due 63: 11 , 115: 131
differ 87: 3 discussions 9: 15, 46: 15, 59: 9, 66:21 , 122:23
difference 61 :4, 52:6 73: 8 , 80:20, 89: 15, dues 6:4, 6:9, 11 : 10
72:20, 173:8 disgraceful 113: 9 105: 16 , 109:22, duly 210:6
different 21 : 13, dismay 118:21 124:4, 126: 10, 128:61 dump 66:7, 66: 12,
21 :22, 40:24, 41 :5, disparity 119: 3, 139:7, 158:23, 167:7, 81 : 17, 83: 18, 88: 31
59: 17, 72: 11 , 98:8, 120: 3 , 120:4 168:5, 169: 11 , 88: 15, 88: 15, 89: 10,
98:23, 144:5, 161 :3, disregard 72: 8, 169:21 , 173:5, 91 : 9
202: 8 76:20 174: 15, 180: 18, During 6:7, 7: 1 ,
differently 97:6, dissolution 5:20, 180: 19, 180:22, 116: 16
201 :24 6:20, 8:4, 8: 13, 11 : 17 181 :5, 181 :91 190: 14 duties 196: 13
difficult 103:6 dissolve 5: 14, 5:24, double-check duty 173: 10
dimension 23:8 7: 16, 11 : 15 125: 15, 126:5 dwelling 31 :23
Dina 159: 16, 159: 19 distance 45: 15 doubt 106: 18 Dyer 37: 15
direct 130: 1 , 184:22, distributed 6:22, Doug 182:2, 182:5
195: 12 117: 14 down 32:23, 39: 141
directed 65: 14, District 17:20, 39: 15, 43: 10, 55: 10, < E >
154: 12 19:20, 23 :22, 32:4, 82:21 , 82:23, 119 : 14, eager 107:24
direction 43:24, 87:9 34: 3, 51 :2, 52: 9, 120:20, 123:9, 129:4, earlier 94: 12,
directly 128: 16, 101 : 19, 115: 15, 145: 18, 172:5, 126:20, 128: 1 , 141 :3,
172:6, 172: 10, 128:24, 138: 1 , 178: 15, 182 : 16, 158: 17, 164: 13 ,
188: 15 142:23, 143: 11 , 182:21 , 185:2, 185:5 , 166: 3, 191 :9
Director 2: 13, 52:200 144:4, 145: 13, 193:20, 201 : 1 , 201 : 1 earliest 141 :8
115: 11 145: 18, 145:21 , downstream 28: 12 ears 175: 17
dis 146:6 146:6, 147: 12, 161 :4, draft 151 : 17 easements 97: 5
disagree 93:5, 182: 13, 207:3 drafted 155: 14, easiest 124:23,
114:4, 121 :24, 173:4 districts 145: 13, 157: 12 126:21
disagrees 126: 14 145: 14, 145: 15 drain 28:8, 28: 10 East 25: 12, 39: 1 ,
disapprove 108:6, divides 142: 15, drainage 25: 14 42: 18, 43: 13, 44:21 ,
108:7 142: 17 drains 28:6 51 : 5, 53:24, 129: 13,
discretion 185:22 document 114: 15 draw 75:6 142: 10, 142: 15,
Depo Court Reporting Service (630) 983-0030
219
147:23, 175: 12, encountering envision 32:7 evidence 173:23,
182:21 122:24 envisioned 40: 19, 198: 17
east/west 161 : 5 encourage 117: 3 42: 11 evident 34:7
easterly 148:3 encroach 41 :24 envisions 31 :21 Exactly 20: 15,
easy 126:23 encumbered 135:21 , EPA 97: 8 21 : 10, 25:7, 30:21 ,
economic 153: 17 135:24 Eric 19: 15, 24: 169 155: 13
Edge 82: 19, 83:9, end 46: 1 , 62:9, 74:6, 24:22 , 25:2, 123: 17, examine 59: 16, 71 :6
91 :21 , 93:6, 101 :7, 84:3, 97: 12, 159:2, 129:8, 129: 11 exceed 156:23
108: 17, 133: 19 170:24, 171 :7, err 164:6, 199:22 except 157:7, 192: 1
edition 64:9 176: 14, 185: 15 erred 99: 8 excess 6:21
effect 95:22, 98: 191 ends 83:21 error 72: 1 Excuse 18:2, 21 : 12,
154: 17, 185: 9 enforced 7:6 errors 128: 15 52 :22, 126: 13,
effective 157:5 enforcement 7: 1 , established 16:6, 191 : 18
effectively 7:20 7: 3, 7: 10, 15: 18 25:9, 25:20, 38:71 execute 99: 17
efficiently 7:21 engaged 65: 11 102: 10 executed 100:3,
efforts 179:9 engineer 19: 17, establishment 100:4
egregious 81 : 9 24: 16 95:20, 97:21 , 185:6 execution 184: 19
eight 5: 18, 32:211 Engineering 19: 16 , estate 135:6 executive 72:8
174: 19 25:2 estate-sized 26: 18, exercise 196: 19
either 5:21 , 63: 13, Engineers 83:22, 27:5, 31 : 1 Exhibit 152:21 ,
78: 12, 136: 15, 164: 16, 166:7 Estates 3: 12, 5: 1 , 152:23, 153:3, 153:3,
143: 18, 163:23, English 107: 13 15:6 153:22, 153:23,
170: 16, 194: 1 , enjoy 66: 14 ethically 131 :3 154: 14
194: 10, 198: 1 enmeshed 65:4 evening 19:8, 20:5, exist 101 :9, 102:7
elderly 176: 10 enough 54: 13, 25: 1 , 30: 15 , 37: 13, existence 6:5, 6:8,
elect 112: 8, 112: 11 , 147: 14, 186: 16 59:8, 94:8, 94: 171 10: 19, 10:21
112: 12 ensure 46: 15 98: 1 , 100:2, 100:3, existing 20: 19, 25:51
elected 55:2, 72:71 enter 64:21 107:9, 141 :4, 172:21 , 26:3 , 27: 14, 36:3,
80:4, 80: 11 , 106:9 , entered 52:24, 184: 13 89: 10, 91 :4
122:9 184: 17 Event 74: 16, 98:22, exists 148: 18
electing 121 : 19, entering 100: 1 155: 14, 161 :23 expect 63: 15, 106:9
121 :21 Entertain 3:5, 3: 11 , eventual 95: 16 expectancy 65: 12
election 112:24 14:23, 16: 15, 17: 12, eventually 106:3, expenses 6: 11 , 6: 15
element 177:8 34: 15, 35: 12, 35:22, 167: 14 expertise 135:5
eliminate 74: 18 49: 19, 50: 16, 144:20, evergreens 46: 8 explain 38: 13,
Elizabeth 110:22 146: 12, 147: 11 , everybody 4: 15, 40:22, 44: 11 , 144:9,
eloquently 141 : 1 , 147: 16, 205:23, 22:2, 44: 12, 56:21 163:6
173:7, 186:5, 194:21 206:22, 208:7 63: 11 , 63: 17, 83: 12, explained 135: 11
email 52:5 entire 91 :8, 105:22, 83: 12, 99:5, 114: 13, explaining 44: 15
emergency 176: 15 186:24 190:4, 197: 19 extension 20:23
emotion 80:9 entitled 8: 1 everyone 4: 12 , 77:61 extensive 8:3
emotional 80:8 entrance 175: 11 100:8, 124:20, extensively 24: 17
emphasis 159:2 environment 54:24, 154:20, 154:22, extra 191 : 11
empties 84:5, 84:6 183:21 191 :8, 191 : 17 extreme 40: 14
enacted 93:21 environmentalist everything 32:24, eye-to-eye 132:8
encompassing 89:22 82: 10, 124: 1 , 173: 16, eyesore 91 : 5
143: 1 environmentally 175: 189 188: 17 ,
encountered 123:7 89: 18, 89:21 , 164:21 199:3, 201 : 10
Depo Court Reporting Service (630) 983-0030
220
< F > 111 : 14, 141 : 1 , 172:9 37: 10, 37: 14 foot 42:21 , 43:5,
R 2:2 feeling 68: 18, firming 38:9 44: 1 , 156:23
face 7: 17 119: 18, 191 : 10 firs 59: 18 , 91 :23, footage 41 :4
facility 157:3 fees 8:2 171 :22 forbearance 165:20
facing 6: 1 , 46: 1 feet 23:9, 23:9, First 6:3, 9:249 13:7, force 91 :4, 91 :22,
fact 7: 11 , 96: 10 , 23: 18, 27: 18, 30:20, 14: 14, 21 : 17 , 27: 11 , 92:4, 92: 19, 106:6,
100: 13, 118: 17, 30:21 , 31 : 17, 31 : 18, 52:4, 58:21 , 63: 10, 135: 18, 154: 17
119:4, 119:7, 119:90 37:24, 37:24, 38: 1 , 68: 10, 74:23, 77:2, forced 7: 15, 75: 14
119:23, 120: 1 , 120:3 , 38: 1 , 38:22, 38:22, 78: 1 , 80:7, 81 : 170 foregoing 210: 11 ,
126: 13 , 127: 1 , 38:23 , 38:23, 41 : 10, 91 :3, 96: 19, 97: 11 210: 12
137:241151 : 16, 44: 1 , 54: 11 , 148:4 97: 14, 109:8, 110:22, foresighted 59:20,
155: 11 , 175: 19, felt 99: 17, 197:3 113:22, 123: 15 , 60: 1
192:21 , 194:8 fence 175:4 124:7, 134:5, 139: 17, forget 112: 19
factor 183: 19 Fend 31 :6, 31 :6 , 139:21 , 151 : 19, forgive 69: 1
facts 86: 19 31 : 8 155: 8, 157:21 , forgot 191 : 18
Fahey 192:9, 192 : 12 , Ferko 74: 17 164: 12 , 171 : 19, formal 186:23,,
192: 13 fiduciary 196: 13 177:4, 181 : 10, 198: 13
fail 41 :21 field 24:4 186: 19, 210:6 formalities 11 : 10
failed 10: 11 , 78:67 figure 13: 10, 160:4; five 53:23 , 92:2, formally 206:20
151 : 17 163:22 170:3 formed 180:24,
failing 65:6 figures 115:22 flags 105:21 181 :4, 181 :8, 181 : 12,
failure 61 :5 file 10: 11 , 19: 191 flawed 60:23, 64:3, 181 : 16
Fair 174: 12, 186: 16 21 : 14, 202:9 105:8 former 85:24
fairly 67: 10 filed 17: 15, 35: 17, flaws 61 : 15, 61 :21 forth 131 :20
fall 70: 13, 182: 13 36: 1 , 50:21 , 56:61 flip 60:24 forthcoming 129:24
falls 102: 17 57: 13, 77: 18, 103: 5, flood 24:9, 24:9, forward 8: 5, 9: 13,
familiar 27: 13, 206:24 25:20, 65:4 12:7, 27:22, 48:6,
48: 17, 64: 10, 107:20, filter 127: 15, 127: 19 floodplain 25:9, 52:9, 53: 15, 61 :2;
128:8 Finally 7: 13, 94: 16, 25: 12 , 25:21 , 25:23, 61 : 15, 62:8, 65: 19,
familiarize 148: 12, 106:4, 175:3 26:2 89:2 , 99: 18, 132: 1 ,
150:8 financial 11 :4, floods 24: 11 132: 3, 170:20, 192:7,
far 9:3, 12:6, 15: 91 170: 14 floodway 25: 16 203:21
42: 162 44: 15, 45:20, financials 6: 13 floor 12:21 , 20:81 fought 10: 5
48:2, 86:3, 86: 151 find 97:3, 141 : 191 52: 15, 53:4, 53: 15, found 65:9, 109: 14
86: 16, 88:20, 89:20, 190:4 158: 1 four 22: 16, 22: 19,
101 :24, 102: 14, finding 173:22, flying 92: 12, 92: 13 74:241 79:9, 92:2,
132:23, 140:21 , 194: 16 folded 72: 19 108:22, 134:23,
203: 12, 204: 19 findings 154:6, folks 189: 11 , 190:2 167: 18, 167:21
Farm 1 :9, 25:6, 156: 14, 173: 13, follow 56: 16, four-year 74: 19
182:6, 182:7, 182: 11 , 173: 19 105: 121106:6, 106:7, fourt 61 :24
182: 12, 182: 12 finds 153:7, 154:3, 107: 1 , 114:8, 130:22, Fox 10: 10, 17: 14,
farmland 172:24 156: 12, 194: 17 167:5, 175: 18 19: 12, 19: 14, 25:3,
faults 116:6 fine 56:4, 62:60 followed 9: 19, 35: 14, 50: 18, 72: 10,
favor 158: 18 78: 16 , 122:23, 172: 1 11 : 10 , 143: 22, 72: 17, 75:2, 75: 17,
fear 106:21 finish 78: 1 , 120: 16 185: 12 77:9, 77: 10, 77:24,
February 21 : 16, Fire 182: 12, 182: 13, following 43: 13, 78:2, 81 :2, 84: 5,
29:22, 77: 16, 208:9 182: 14, 182: 17 105: 17, 106:2, 84:6, 115: 10, 135 : 12,
feel 58:9, 99: 15, firm 4:22, 19: 10, 123: 18, 138:4 164:23, 177:4,
Depo Court Reporting Service (630) 983-0030
221
180:20, 193: 15, 145: 11 , 172: 8 131 :4 Hall 144:3
207:9 getting 22: 14, 54: 167 governmental 95: 11 , Hallin 82: 15, 82: 18,
Fred 134: 18, 134:22 55:7, 93:2, 97:7, 95: 15 82: 18
free 75: 17 175: 18, 195:4 , grandchildren 66: 14 Harriman 75:23,
friend 135:4 198:24, 205:7 Granrud 19: 15, 76:22 76:2, 92:211
Friends 58: 19, giant 54:7 24: 16, 24:22, 25: 1 , 166 :211 188: 10,
82:21 , 108:4, 172: 3 GILBERT 21 :6 , 21 :9, 25:2 188: 15
front 63:22, 72: 1 , 22: 3 , 22:8, 22: 13 , granted 157:4 hand 56:7, 56:8,
73: 11 , 111 : 14 22:20 , 22:23, 24:7, great 27: 15, 62: 16, 76:3, 210: 17
frontage 39:2 24: 19 , 29:21 , 30: 1 , 66: 11 , 66 : 14, 115: 12, handed 127: 16,
fronts 175: 10 56:20, 56:22 , 56:23, 183: 16 162: 12
fulfill 169:2 57: 11 , 57: 18 Greater 58:20, handful 110:7
fulfilled 169:7 Gilcrest 58: 14, 158: 17, 172:3 handles 29: 3
full 116:6, 154: 17 84: 19 greatest 123:8, hands 76: 1 , 134: 16,
fundamentally 178:3 GILMOUR 85: 18, 123:8 138: 11
fundraiser 59: 3 85:20, 85:23, 85:24, green 42:4 happen 8:6, 46, 111
Fundraising 74: 16 86:23, 104: 19, Greenbriar 9:24 53:9, 71 : 14, 81 :71
funds 6: 16, 6:21 , 104:22, 104:22, gridlock 55: 11 81 : 15, 81 : 19, 89:8,
11 :23 177: 1 , 177: 3, 177:3, gross 32: 1 97: 15, 98:22, 104: 10,
funny 111 :24 177: 19 ground 25:6, 31 : 11 , 112: 3, 125:21 , 159:8 ,
future 9: 12, 9: 16, Give 12:23, 13:6, 31 : 11 168:2, 181 : 1 , 186:2,
9: 19, 12:6, 14: 1 , 23:7, 49: 3, 53:5, grounds 61 :8 186:2, 199:24
14: 3, 69:6, 84:4, 63: 11 , 75:2, 90: 16, group 78: 15, 179: 13, happened 54:2,
89:2 , 90:8, 91 :9, 98: 16, 111 : 12, 113 :4, 180: 1 , 180: 14 102 :23, 125:21 ,
107: 19, 156:3, 124:3, 125: 10, groups 97:8 137:5
156:20, 176: 12, 126: 18, 132: 18, Grove 4:23 happening 74:6,
185: 18, 186: 3 135:7, 137: 13, 151 :51 grow 46:8 159:7, 168: 10,
158:2, 160: 13, growth 16:5, 81 : 14, 169: 17
164: 10, 165: 1 , 171 :4, 191 : 14 happens 70: 12,
< G > 175:22, 186: 15, guarantee 104: 8, 172:8, 177: 17, 180:4
G. 65:2 189: 9, 189:23, 194:6, 203:9 happy 11 :21 , 12: 12,
gamble 202: 15 195: 3, 195:6, 201 :23, guess 35: 19, 38:6 , 16: 12, 39:6
Game 1 : 9 , 127:9 202 : 11 52: 3, 67:21 , 69: 16, harm 170: 14
gas 191 : 11 , 191 : 17, given 59: 12, 61 : 15, 78: 12, 89:21 , 99:8, Hartley 45:6, 45:91
191 :22 63:3, 71 :23, 74:23, 137: 10, 141 : 179 46: 19
gather 124: 19 75: 16, 77:9, 81 : 16, 161 : 19, 192:6, 198:5 HARTMAN 87: 15,
gave 133:2 83: 17, 119:3 , 131 :6, guys 46:21 , 69:4, 87: 18, 87: 18, 88:2,
General 66: 15, 86:5, 158:21 73: 127167:7, 167: 15, 88:24, 89:91 89: 17,
86: 14, 105: 18, 128: 1 , gives 61 :6, 70:5, 179: 13, 183: 11 , 90:6, 90: 13t 90: 17,
128:2, 128:9, 130: 13 164: 1 191 :23, 204: 13 90:24, 91 : 11 , 93:4
gentleman 27: 101 giving 58:23, 73:21 , hate 130:23
75: 19, 75:22, 75:23, 73:23, 75:4, 127: 1 , Hauge 39: 18, 39:21 ,
122 :5, 122:20 131 :5 , 193:8 < H > 39:21
gentlemen 71 :20 Glen 91 : 16, 91 : 190 H-A-L-L-1-N 82: 19 haunt 78:20, 78:24
George 58: 16, 164: 8, 177:4 half 19:23, 32 : 1 , head 25: 18, 33:21
58: 19, 120: 19, God 54: 1 86: 1 , 93:9, 145: 10, heading 43:23
123: 11 gotten 121 : 10, 176:5 145: 10, 176: 14 hear 5:7, 12: 16,
gets 31 : 10, 78: 10, governing 7:22, halfway 185:2, 185: 5 14: 16, 18:3, 22:2,
Depo Court Reporting Service (630) 983-0030
222
23:5, 37: 11 , 44: 12, 84:6, 164:22, 182:22 improve 117:7
59:42 67: 1 , 115:71 home 31 :7, 160: 161 in. 55:4, 123:23,
118: 15, 129:6, 187: 19 < I > 189:6, 194:6
148: 15, 156:6, 180:5, Homeowner 5: 1 , idea 27:4, 38: 10, inaccurate 177:6
192: 18, 193: 1 , 193:5, 45: 10, 46:20, 47: 1 , 40: 18, 97:7, 143: 14, inappropriate 150:5
194: 12 47 :4 164: 5, 169: 18 , inaudible 78: 9
heard 5:8, 5: 10, homeowners 5:3, 170:23, 171 :3, 184:4 Inc. 17: 14, 19: 12
16: 12, 59: 1 , 59: 13, 6:2 , 6:22, 7: 9, 8:3, identify 21 :2 include 155: 10,
67:21 , 103: 16, 9:8 , 10:4 , 10:20, identifying 81 :7, 155: 10, 173:8, 189:9
103: 17, 118:20, 12:21 15: 11 , 93 : 8 198: 14 included 12:4,
119: 1 , 124:7, 161 :2 , homes 5: 15, 5: 18, IEPA83:22 119:22
166:2, 175: 14, 7:8, 20: 1 , 22: 16, ignore 71 :21 , 71 :22, including 95: 10,
192 : 19, 193:4, 193:6, 27: 5, 27: 12, 27: 17, 76:221165: 12 105 :23, 172:4, 172:9
193:6, 193: 12, 33:3, 33:4, 45:241 II 35:24, 37: 16 inconvenience
195:22, 195:23, 183: 17 ILCS 152: 16 189:21
201 :8, 201 :9, 204: 12, honest 146: 1 illegal 173: 11 increase 8:23,,-9:2
204:20, 205:4 honestly 92:20 Illinois 1 :2, 1 : 10, increased 24:2,
hearings 4: 13, honesty 129:24 2: 19, 4:23, 17: 171 80: 13
70: 19, 70:22 , 89:7, Honor 19: 1 , 86: 16, 18:2 , 35: 14, 35: 19, incredulous 81 :8
101 :20, 101 :22, 90: 14, 109:21 35:24, 36: 3, 36:91 incurred 9:9
102: 1 , 113:3, 165: 10, hope 45: 19, 45:23, 37: 16, 50: 18, 50:23, indicated 98: 14,
167: 147188: 12, 46: 10, 130:2 , 132: 10, 51 :6, 64:8, 64: 11 , 116: 19
198: 12, 202:24 190:6 105: 16, 105: 18, indicates 72: 3
held 144: 14, 152: 15 hopefully 132: 1 123: 17, 130: 14, indicating 52:5,
help 8:7, 40:21 horrible 11 :3 147:20, 148: 1 , 148:6, 114: 14, 115:2, 116: 1 ,
119: 13, 182: 15 Host 86: 19, 95:231 153:21 , 156:24, 167: 10
hereby 153:24, 98: 19, 98:21 , 99: 17, 173: 15, 174:8 , 182:6, individual 103:21 ,
154: 12 99: 19, 100:4, 100:5, 201 :7, 207:2, 207: 10, 115: 19
hereunto 210: 16 116: 13, 116: 18 , 210: 1 , 210:9 inevitable 60: 12,
hide 195: 11 117:27 117:4, 177:5, illnesses 66: 15 62: 15
high 55:2 179: 19, 185 :9 immediately 20: 18, influence 77: 1
Higher 66: 15 hosted 115: 10 173: 1 influenced 197: 17,
highlighted 72:2 hot 130: 18 impact 44:2 , 55:71 197:24
Highpoint 18: 1 , hour 1 : 9, 131 : 10 86:9 inform 124:20
20: 16, 25: 13, 28:4, hours 141 :22 impacted 87: 1 , 87:3 information 6: 14,
30:24, 31 : 3, 85: 11 house 31 : 14, 182: 18 impair 143:2 14: 10, 29:5, 81 :20,
182:22 houses 22:5, 34:21 impartial 195: 13 120:23, 127: 11 ,
highway 175: 10 170: 16 importance 182: 10 166: 14, 179: 162
HIKE 85: 11 , 85: 17 housewife 108: 19 important 7: 14, 186:21 , 187:5
Hill 10: 10, 207:9 huge 109:9 83: 11 , 83: 13, 117:6, informed 124: 10,
hinder 195:20 Hulke 27: 1 127: 11 129: 19
hired 105: 1 hundred 115:21 , impossible 11 :7 initial 54:23
historically 119: 19 199:2 impressed 109:3 initially 146: 10
history 9:21 , 77:221 hunger 107:24 impression 26: 16 Inland 6: 12
135: 12 husband 83:24 improper 128: 16, input 152: 17,
hit 184:24 hypothetical 137: 11 , 131 : 14 169: 13, 169: 18
holds 119: 18 137: 14, 138:3, improperly 80:2, inquiry 116: 15
Hollenbeck 83: 16, 170:23, 171 :6 80:20, 123:21 instead 41 : 1 , 44: 17,
Depo Court Reporting Service (630) 983-0030
223
191 : 13 167:3, 173:21 , 158:4, 158:4, 158:9, 37: 10, 37: 13, 37: 14,
instructor 111 : 10 174: 16, 180: 12, 158: 13, 158: 16, 40: 15, 42:2, 46: 13,
instrument 157:9 180: 14, 189: 5, 158:21 , 159: 5 48: 16, 48:22, 49:2,
insurance 8: 16, 191 : 15, 196:20 Jen 125: 14, 200:24 49:7, 49: 15
8:24, 10: 16, 12:41 issued 128:2 Jenny 201 :3, 201 :6 Keep 4: 13, 5:4,
13:8, 13: 12 issues 5:22 , 5:243 Jerry 63:24 13: 16, 32:22, 47:24,
insured 8:20 15: 17, 24: 17, 88:217 Jewel 38:5, 45:22 53: 11 , 72: 15, 82:20,
intend 154:21 124: 17, 131 : 10, Jill 74: 17 95:22, 98: 19, 101 : 142
intending 162: 16 179: 17, 180:7, 191 :9, Joann 21 :6, 31 : 11 , 102: 19, 111 :4, 159:6,
intends 153:2 203:7 56:22 179:9, 185:8, 188:5,
intent 85:4, 103:21 item 120:5 job 66:21 , 127: 189 189:6, 199:4, 204: 18
122: 18 itself 54: 16, 105:23, 130:24, 131 : 1 , keeping 198: 1
intention 152: 19 144: 13 175: 17 Kelly 184: 10, 184: 13
interest 135:9, Joe 145: 1 , 145:4, Kendall 17: 16,
153: 14, 173:24, 157: 12, 192: 9, 17: 18, 18: 1 , 18: 11
174: 3, 174: 9, 174:9, < J > 192: 12 18:2, 35: 18, 3Q.21
187: 3, 194: 18, J. 172 : 18, 172 :22 John 2: 10, 2: 17, 36:9, 50:23, 51 : 11
198: 14 Jack 203:21 19: 14, 38: 16, 38: 19, 51 :6, 71 :24, 72: 11 ,
interests 65: 15, JACQUELYN 2: 14 41 : 8, 72:2, 126:91 74:9, 74: 15, 77: 14,
73:2, 154:6, 156: 14 JAMES 2:3, 2:7, 129:20, 150:6, 195:6 91 :6, 95: 15, 129: 12,
interference 65: 11 3: 15, 3:24, 4: 1 , 17: 1 , Johnson 178: 8 , 130: 19, 130:20,
interpretations 63:4 17:2, 18:4 , 18: 141 178: 11 , 178: 12 139:4, 148:6, 153:21 ,
interpreting 65: 13 18: 15, 35: 1 , 35:21 JOSEPH 2 :8 154: 12, 183: 13,
interruption 63:8 36: 10, 36: 18, 36: 19, judge 106:6 192: 13, 207:2, 207:9
intersect 43: 16 46: 19, 47: 11 , 48:4 , judgment 121 : 13, kept 48:2
intersection 44: 3, 50:3, 50:4, 51 : 131 125: 11 , 126: 18, Kern 182:22
44:4, 44: 17 51 : 14, 78: 17, 146: 19, 196:20, 197:21 , Kerry 4: 18, 4:22
intimidated 106: 16 146:20, 149:7, 149:8 , 198:22, 199:22, key 188:8, 188: 12
investigating 105: 19 206: 16, 206: 17, 201 : 19, 204:24 kick 126:22
invite 12: 9 , 59:3, 208:4, 208: 5, 209:2, judicious 59:20, kid 109:2
82:20, 129:4 209: 3 59:24 kind 25: 15, 41 : 187
inviting 128: 19 jammed 26:22 Judy 104: 19, 104:22 44:21 , 46:2, 67:20,
involve 125:20, Janice 83:4, 83:8 jump 35:20 69:3, 89: 1 , 111 :24,
130: 14 January 3:7, 21 : 161 jurisdiction 70: 14, 162: 13, 183: 10,
involved 130: 14 21 : 17, 116: 16, 102: 17, 136: 12, 186: 1
irrigated 15:24 123: 16 143:41158:7, 163:8, Kishwaukee 111 : 10
irrigation 15:23 Jared 32: 14, 32: 171 163: 13, 167:20, knowledge 188:23
issue 6: 3, 6:24, 7: 14, 183:8 168: 1 , 168: 12, known 36:5, 153:23
8: 16, 9:22, 11 :2, Jason 2:4, 151 :5, 204: 141 205: 11 Kohl 72: 16
11 : 11 , 12:8, 15:21 , 151 :7, 155:22, justification 40: 13, Korte 32: 14, 32: 17,
20: 9, 34: 13, 39: 91 170: 13, 171 :20, 40: 17 , 123: 1 32: 17, 183:8, 183: 8
60: 14, 72:4, 74: 10, 175: 16 JUSTIN 2: 17 Kovitz 4:22
74: 11 , 86: 15, 96: 15, JEFFERS 101 :3, Kramer 172: 15,
99:7, 99:7, 99:241 101 :6, 101 :7, 101 : 14, 172: 18, 172:21 ,
100: 10, 107: 16, 101 :23, 102:6, < K > 172:223 175:2,
113:5, 116:8, 126: 8, 102: 12 , 102: 18, Karen 190:20, 184: 10, 184: 13,
131 : 18, 146:9, 102:22, 103:2, 103:6, 190:23 184: 14, 185:4, 186:4,
146: 14, 148: 15 , 103:24, 104:5, 104:9, KASSON 37:6, 37:9, 186: 12, 186: 160
Depo Court Reporting Service (630) 983-0030
224
194:20 LASALLE 176:4, 121 : 100 121 : 12, 163: 8, 163: 17
Krasner 93: 16, 210: 3 122:24, 123:6, line 25:8, 72: 13,
93: 19, 93:20, 94: 3, Last 8: 17, 9: 11 , 10:3, 123: 15, 124:21 , 78: 1 , 103: 19, 142: 8,
94:6, 94: 12, 94: 15, 10: 10, 92:2, 94: 15, 125:20, 127: 11 , 142: 14, 142: 14,
95: 19, 96:6, 96:20, 94:23, 96:6, 100:9, 130:24, 131 :2, 142:23, 142:24,
97: 18, 97:24, 98: 18, 114:24, 119:9, 150: 18, 152:22, 143: 11 , 143: 14,
99: 13, 99:23, 100:7 , 119: 11 , 120: 16, 177: 10, 185: 13, 148: 1 , 148:2, 148:4,
100: 17, 100:21 , 123: 12, 128:4, 201 :23, 202: 8 158: 15, 161 :5, 192:6,
184:23 133: 12, 135:2, 152:3, Legally 14:4, 89: 16, 198:23
188:9, 203: 14 89: 17, 89: 19, 147:20 lineal 39:2, 42:6
late 138: 19, 167:71 Legion 20: 17, 26: 13, lines 145: 16, 145: 16
< L > 195:4, 205:7 58: 1 , 165:22 Lisa 67:5, 67: 8
Ladies 71 :20 later 58: 11 , 70: 197 legislative 173: 17 Lisbon 192: 13,
lady 26: 14, 133:91 75: 12 , 94: 16 , 141 :22, legislature 196:21 192:21 , 192:23
141 :4, 176: 10 181 :9 Leisure 178: 13 Listen 63:6, 107:22,
Lakes 45: 10 Laughter 76:7 lengthy 185: 13 108:4, 110:8 , 122: 8,
Land 8: 14, 8: 18, 9: 1 , Law 4:22, 7:211 less 6: 19, 39:3, 133:22, 198:4
13: 14, 24:2, 32:71 19: 10, 37: 10, 37: 14, 179:7 listening 60:5,
60: 15, 64:23, 68:6, 64: 1 , 71 :21 , 72:91 letter 114: 16, 115: 1 , 61 : 17, 80:23, 134:6,
69: 8, 69:22, 70:20, 88: 18 , 106:7, 114:8, 128:2 165: 18, 172: 1 , 199:5
77: 14, 81 :24, 90: 1 , 131 :7, 135:6, 169: 13, letters 83:24, 131 : 11 literally 72: 12
102: 8, 105:2, 115: 13, 173: 15, 176:7 liability 35: 15, 50: 19, litigate 60: 17,
136: 10, 136: 12 , law. 154: 18 60:23, 116: 10, 128: 17
137: 15, 153:5, lawn 72: 19 164:24, 165:2 litigation 7: 14, 7: 17,
153: 10, 153: 12, Laws 131 :4 librarian 115:24 7:23, 64:4, 65:4,
157:7, 157: 8, 159:23, lawsuit 60: 13, 62: 15, Library 52:5, 52 :8, 80:21 , 128:20,
172:23 , 179: 11 , 135: 14, 135: 15 52:21 , 52:22, 101 : 19, 193: 13, 194:2,
184:3, 193:2 lawsuits 106: 19 115:6, 115: 11 , 194: 100 197: 18
landfills 79: 16, 82: 1 lawyer 63: 19, 92:7, 115: 15, 138: 1 , 142 :9, little 15:8, 26:22,
Landmark 42:21 , 92: 12, 163:210 143: 11 , 144:4, 30:9, 42: 17, 44: 17,
43: 11 , 43: 16, 43:24, 179:23 145: 14, 145: 18, 69:2, 90: 1 , 121 :24,
45: 14 lead 106: 3 145:21 , 146:6, 146:6, 160:8, 162: 80 183: 12
landscape 37:23, leader 108: 3, 108:3 146:7, 146:9, 161 :4 live 25:3, 26: 13,
38:22, 41 :6, 41 :91 leaders 107:22 License 210:24 28:4, 28: 12, 32: 18,
41 : 13, 41 : 15, 42:4, learned 188:6 licks 109: 19, 110: 1 33:22, 42: 15, 53:24 ,
46: 14 least 48: 19 lied 76: 16 67:9, 82: 19, 85: 1 ,
landscaping 41 : 19, leave 5:21 , 46:9, lies 109: 11 86: 8, 111 :9, 111 : 18,
41 :20, 45:21 77: 10 life 183:2 111 : 19, 112: 1 , 112:7,
Lane 201 :7 lecture 111 : 13 life-long 178: 14 112:8, 129: 13,
language 97: 11 , led 105: 8, 105: 141 light 78:3 133: 19, 133:23,
195:7, 195: 10 119: 17, 142:24 likelihood 120:2 134:3, 165:21 ,
large 32:22, 33: 11 left 6:21 , 11 :3, 75: 9, limit 39:22 178: 12, 179:6, 182:6,
33: 3, 33: 3, 34:4, 100: 9 , 187: 19 limited 35: 14, 50: 19, 183: 16, 184: 14,
87: 9, 182: 14, 183: 17, left-hand 75:7 95: 10, 107: 14, 189: 13, 189: 15,
183: 17 legal 14:7, 59: 127 130: 11 189: 16, 190:24,
larger 39:2, 41 :23 59: 13 , 62: 17, 63:3, limiting 93:20 192: 13, 192:21
largest 25:4 105: 14, 106: 19, limits 69:6, 69: 131 lived 24:7, 67: 111
Larry 140: 17, 140:20 116:61120:24, 101 :99 102: 8, 162:21 , 79:9, 79: 10 , 79: 15,
Depo Court Reporting Service (630) 983-0030
225
108:22, 112:2 30:22, 30:24, 31 : 1 , manipulation 76:24 127: 17, 135:2,
living 54:24 31 :24, 32:22, 33: 1 , map 143: 10, 144:2 141 :221163:5,
LLC 35: 14, 35:24, 33:3, 33: 15, 34:41 March 165: 10, 180: 161187: 11 ,
37: 16, 50: 18 38:7, 183: 17 177:24 196: 10, 201 :9, 208:9
local 127: 14 Louie 188: 13 market 40:22, meeting. 209: 10
locally 189:21 Louie. 188:7 174: 13 Meetings 92:2, 92:8,
located 17:23, LOUIS 188: 19 Marketplace 36:5, 119: 1 , 180: 11
20: 16, 25:7, 25:22, lovely 191 :5, 192: 1 37: 19, 39:24, 42:24, meets 163: 18
36:7, 51 :4, 147: 19, low-lying 25:5 43:2, 43: 14, 43: 16, MEMBER 15: 15,
152: 12, 187:8, 207:7 Loyola 63:24 43:23, 44: 18, 44:20, 16:3, 23:4, 68: 141
location 79:20, luck 114: 1 72: 11 83:8, 113:7, 124: 14,
157:2 Lunn 201 :3, 201 :61 Mary 93: 16, 93: 19 125: 18, 192: 14
long 176: 11 , 189:4, 201 :6 masses 61 : 18 members 12: 10,
204: 18 luxury 178: 1 material 114: 18 25:2, 67:22, 76: 10,
long-term 62: 19 lying 109: 14, 147:24 matter 1 :7, 8:221 110: 19, 139:7
Longford 45: 10 Lynn 107:6, 107: 10 13: 14, 60: 13, 106: 11 , memo 128:6, ;.
Look 27: 1 , 33:20, 184: 18, 194:8 memory 92:7
48: 5, 48: 16, 48: 18, matters 21 : 13, 40:3, mention 111 :2
49: 10, 54: 1 , 60: 10, < M > 106:3, 130: 14 mentioned 15:8,
74: 13, 75:4, 75: 19, M. 1 :8, 210:6, 210:23 maximum 31 :22 26: 15, 119:4
75:21 , 89: 12, 107: 17, Ma'am 4: 10, 48: 11 , mayoral 62: 1 meridian 147:23
110:6 , 111 :23, 121 :5, 79: 1 , 79: 13, 83:2, Mcgrath 19: 14 merit 157: 14
121 : 11 , 131 :22, 93: 12, 93: 14, 104: 17, mean 43:23, 58: 10, mess 91 :4
197: 13, 203:8 107:4, 108: 11 , 67:20, 69: 12, 69:21 , message 188:3,
looked 24: 16 159: 14 , 178:24, 70:2, 80:21 , 88: 15, 188:7, 188: 13
looking 38:21 , 190: 18, 198:9 101 : 15, 131 :22, messages 188: 5
41 : 16, 73:2, 179: 12, machine 187: 19, 139:20, 142: 18, met 47: 10, 47: 13,
191 :4 188: 3 160: 16, 160: 18, 105: 13
Lori 179:2, 179:5 Madison 184: 15 162:24, 168:22, method 64: 13
lose 54:23, 72: 161 mail 29:6, 29:22 180:8, 194:4, 196: 18, methods 64: 18
115: 13 main 5:22, 114:4 202:23 mic 39: 14, 166: 17,
loser 62:9 maintain 26: 17, 27:4 meaningfully 175:23 185: 3
losers 62: 11 maintained 8:20, means 63: 12, 64:20, microphone 22: 1 ,
losing 171 :9 47: 15 103: 12, 200: 10 30:6, 39: 16, 56:21 ,
loss 153: 10 maintaining 10: 14, meant 196:23 79: 13
lost 157: 18 15:7, 15: 8, 46:221 measure 151 : 17 mid-aux 25: 19
Lot 5:6, 15: 16, 22:5, 47:3 measures 119: 16 mid-box 40:24
22: 12 , 23:5, 24: 11 , maintenance 8:8, mediating 80:23 mid-size 42: 13
25:5, 31 : 10, 31 : 16, 9:9, 12: 1 , 47:5, 47:8, Medical 206:24 middle 73: 13, 74: 14,
31 :20, 32: 19, 37: 19, 47:21 , 153: 15 meet 42: 13 120:7, 127: 16
38:2, 39: 1 , 63: 3, major 5:24 MEETING 1 : 1 , 1 :6, midnight 167:8
76:8, 80:9, 92: 1 , majority 7:9, 23:231 3:6, 5:6, 5: 11 , 8: 1 , midstream 138:2
100:7, 114: 1 , 124: 17, 93:7, 121 :3, 158: 18, 8: 18, 9: 11 , 9: 14, mile 25: 15, 176: 14,
161 : 1 , 183:23, 173:9, 196:23, 197: 1 14:20, 76: 12, 94:6, 192:22
192:20, 194:6, man 129:5, 183: 1 98: 10, 103: 16, miles 87:2, 175: 11 ,
202: 11 mandatory 173:9, 106: 15, 111 : 13, 176: 17
lots 22:4, 22:9, 174: 11 115: 10, 115:24, Millbrook 87:2,
23: 18, 24:5, 27:51 manifest 86: 9 116: 17, 119: 12, 190:24
Depo Court Reporting Service (630) 983-0030
226
MILLER 2: 12 191 : 11 , 191 : 155 207: 12, 207: 14, needs 8: 19, 11 : 13,
MILLIRON 20: 12, 191 : 17, 191 :22, 208: 10, 208: 12 77:8, 156:3, 156:20,
20: 15, 20:20, 23: 10, 193: 10, 193: 11 , movement 166: 18 170:6, 186:24
27:21 , 30: 18, 30: 19, 194:7 Moving 9: 13, 12:7, negotiate 175:23
33: 11 , 33: 19 , 71 :2, month 92:9 84:2, 166: 1 , 203: 12 negotiated 96: 10,
73:7, 73: 10, 73: 18, months 67: 11 , 92:21 mowing 47:22 100: 14
73:23 , 74:2, 74:81 94: 19, 101 : 17, 127:4 MUELLER 116: 1 neighbor 87:7, 87:8
76:8, 142:7, 142: 17, Moraine 35: 14, multiple 42: 12 , neighborhood
143:8, 144:6, 144: 17, 50: 18, 72: 10, 72: 17, 81 :24, 129:22 183: 16
167:5, 168:9, 168:22 , 75:2 , 75: 17, 77:9, Municipal 64:8, neighbors 7: 12,
169:5, 169:22, 170:Z 77: 11 , 77 :24 , 78:2 , 64: 12, 135:6, 173: 15 82:21 , 87:6, 103:7,
170:9, 170: 12, 81 :2 , 115: 10, 135: 13, municipality 64: 14, 108:4, 183:21
171 : 13 , 203: 14, 174: 5, 180:21 , 64:21 , 65:6, 65: 91 neither 165: 19,
203: 16 , 203: 18, 193: 15 68: 19, 68:20, 85: 12 189: 16
204:2, 204:4, 204:9, morning 93: 8 mutually 157: 1 Nesbit 4:23
205:4, 205: 10, mosquito 48:2 myself 76: 18, new 16:4, 47:2,
205 : 15 Motion 3: 5, 3: 11 , 108: 18, 108:21 , 67: 10, 75:3 , 1'00: 18,
MILSCHESKI 208:24 4:8, 14:23, 16: 15, 150:9, 150:22, 101 : 16, 107: 11 ,
MILSHAWSKI 53: 19, 17: 11 , 17: 12, 18:3, 151 : 10, 170: 18, 115:3, 175:22, 176: 1 ,
53:22, 53:22, 54: 19, 18:22, 34: 16, 35: 11 , 172:4, 172:9, 191 :21 205 : 11
54:22 35: 13, 35:22, 37 :4, Newark 52: 5, 52:81
mind 88: 10, 113:9, 49: 19, 50: 15, 50: 17, 52:20, 52:20, 52:219
135: 17, 182 :9, 198: 1 52: 1 , 144:21 , 146: 12, < N > 101 : 19, 115: 11 ,
mine 117: 12, 117: 14, 147: 9, 147: 129 Nam 107: 13, 107:22, 138: 1 , 142:8, 143: 11 ,
119: 15 , 135:4 147: 16, 148:23, 133:23 144: 3, 145:8, 145: 18,
minimal 9: 1 149:211 205:23, naming 181 : 15 182:6, 182: 13
minute 10:3 206:22, 207: 10, Naperville 79: 11 newcomer 108:21
minutes 21 :4, 148: 3 , 208: 8 Natural 25: 10 newer 42:7
196:9, 197:4 motives 80: 15 nature 132: 9 News 71 :24, 104:24
miscommunication motto 87:6 near 189: 16 newspaper 73: 12,
132:2 Mount 54:6 necessary 95:9 73: 18, 74: 9
mishaps 105: 14 move 8:4, 33: 10, necessitate 41 :22 Next 17: 12, 29:22,
misinformation 37: 12, 48:5, 81 : 12, necessitates 38: 13 49:4, 49:8, 78: 111
132:2 120: 17, 123: 13, need 8: 5, 8: 10 , 9: 18, 97: 19, 119:6, 120:5,
missed 30:2, 92: 3 134: 16 , 138: 123 11 : 13, 21 : 1 , 21 :21 143: 15, 177:2,
mistake 61 :5 166: 18 , 166:20, 26:24, 33: 10, 39: 15, 189: 15, 202:20
mistakes 178: 18, 166:20, 166:22, 42:6, 42: 17, 57:71 nice 81 :5, 175: 17,
188:6 206: 19 84:8, 111 : 15, 118: 11 , 178: 16
mitigate 176: 19 Moved 3: 8, 3: 14, 121 :9, 127:6, 128: 11 , night 76: 16, 126:24,
moment 160:9 3 : 16, 16: 17, 16: 19, 128:24, 134: 16, 165: 12, 167:7, 168:5,
Monday 130:6 18:4, 18:6, 32:20, 148: 19, 160:20, 192:2, 192: 18,
monetary 154:7, 32:23, 34: 17, 34: 19, 171 : 1 , 184:3, 197: 12, 202: 12
156: 15 36: 10, 36: 12, 49:210 197:20, 199: 14, nine 74:22
money 9:7, 46:249 49:23, 51 :7, 51 : 91 202:5, 202: 10, No. 22:7, 35: 15,
47:2, 47: 17, 47: 19, 79: 17, 81 :4, 83: 19, 204:24, 205: 1 , 205:2, 42:23, 43: 9, 43: 12,
48: 14, 49:6, 61 : 14, 146: 15, 146: 17, 205:2, 205:7, 207: 11 50:202 83: 14, 87:3,
80: 13, 121 : 16, 148:7, 149: 1 , 191 : 1 , needed 158: 18 , 90: 16794: 11 , 116: 1 ,
145:21 , 191 :9, 205:24, 206:2, 194:5 116: 2, 126: 10, 153:5,
Depo Court Reporting Service (630) 983-0030
227
154: 1 , 157:7, 158:8, < 0 > 39:22 , 77: 17, 78 :7, 119: 5, 148: 11 ,
169:8, 170: 1 , 180: 10, o'clock 192: 16 78:21 , 88: 19, 101 : 16, 148: 17, 150:2, 150:3,
181 :7, 201 : 13, Oak 133:20 101 : 18, 101 :24, 150:9, 151 : 16t
201 : 14, 210:24 Oaks 20: 19, 20:211 117:8, 146:7, 177:20 , 154: 13, 154: 15,
nobody 55:6 27: 14, 33: 13 188: 15, 198: 12, 154: 16, 155: 1 , 155:7,
none 11 :9, 11 : 10, oath 210:7 198: 18, 204: 13, 157:7, 157: 15,
14: 19, 49: 18, 52: 13 objected 10: 12 205: 10 173: 17, 174:2,
nor 153:9 objection 189: 1 one-acre 33: 15 175: 14, 184: 19,
normal 77:6, 78:3 objectively 126: 18 one-by-one 167: 16 185:21 , 185:23,
North 17:24, 26:241 obligated 99: 15, One-family 17:20, 186:5, 193:22,
35: 15 , 50: 19, 71 : 11 , 99: 18 19:20 194: 14
75: 12, 75: 15, 76: 15, obligation 157:6, ones 118:8, 122:9 ordinances 96: 1 ,
77:9, 114: 19 , 137:21 , 190:3 Open 12:21 , 20: 8, 185: 11
142: 16, 142: 18, obstructed 43:22 25:4, 26:4, 53:4, original 42: 10,
147:22, 148:2, 148:5, obtaining 95: 8, 53: 14, 64:3, 73: 12, 114: 11 , 151 : 15
153:3, 153:24, 95: 13 74:2 , 100: 10, 134: 11 , originally 21 :,16,
156:20, 167: 17, obvious 179: 12, 158: 1 , 169: 11 , 39:4, 42: 18, 44: 16,
169:2, 180:21 183: 18, 183: 19, 180: 11 , 198: 12 47:9, 79: 10, 79: 15,
Norton 63:24 187:22 207: 11 152: 1 , 171 :5
note 74:20, 75:241 Obviously 8:7, 8: 14, opening 52: 15 Oswego 33:2, 176:2,
124:23 8: 19, 15: 19, 16: 51 opens 60:23 191 : 12
notes 210: 13 80:22, 81 : 1 , 86: 18, operate 7:20 others 66:9, 77: 18
nothing 74: 3, 99:4, 159: 9, 177:20, 186: 1 , opinion 34: 9, 63:23, otherwise 154:7,
100: 16, 106:21 , 191 : 15 , 191 :23 111 :7, 119:2, 124:3, 156: 15
176 : 8 occasions 129:21 , 126: 15, 127:22, Ottawa 115: 19
notice 21 : 11 , 21 : 18, 129:22 127:23, 130:7, ought 189: 18, 190:3
71 : 10, 71 :23, 74:23, occupy 19:24 131 : 12, 131 : 15, outcome 112:6
78: 13, 83:20, 114: 18, occur 38:24, 67: 14, 132: 18, 133:2, 135:4, outcomes 126: 1
166: 13 80: 12 135:7, 156:7, 157: 13, outlots 8:8, 8:91
noticed 21 : 15, occurred 129:22 199:3, 199: 16, 8: 11 , 10: 15, 10: 17
21 : 16, 29:9, 29: 18, occurs 131 : 19, 201 :24, 202:8 outioud 151 : 13
30:4, 30:4 157:8 opinions 112: 12, outside 41 : 13,
notices 21 :22 , 29:7 October 72: 18, 113:5, 123: 16, 127 : 1 , 166:20
notification 28: 15, 181 : 12, 196: 9 127:7, 135:8, 197: 11 , override 76:24
60:21 offer 20:9 204:20, 204:20, overriding 194: 3
notified 28: 19 Office 4:24, 11 : 16, 204:23 oversight 86: 15,
notify 61 :6 105: 18, 113:24, opportunity 4: 16, 86: 17
November 115: 11 , 130: 13, 207: 3 59: 1 , 113:4, 115: 15, owe 195:24
184:21 Officer 56: 11 148: 10, 164: 1 own 7: 12, 32:6,
Number 35:20, officially 116:23 oppose 61 : 18 92: 11 , 112: 12,
35:23, 79:20, 95: 11 , officials 65: 13, 80:41 opposed 102: 14 121 : 13, 122:7,
96:7, 97:4, 102: 162 80: 12, 106 :9 opposite 101 : 12 135: 19, 135:23,
164:21 , 164:24, often 126 :6, 192:23 ordained 153: 19 136:6, 157: 14,
185: 1 , 187: 19, old 16:6, 44: 5, order 7:20, 11 : 141 197: 11 , 197:21
187:20, 187:20 107: 12, 175: 18 42: 13, 56: 14, 106:5 , owner 19: 11 , 20:23,
numbers 170:4 Olson 13: 11 , 29:2 124: 19, 126: 18 38: 12, 65:3, 90: 11
on-site 25:22 ordinance 14: 13, 91 :43 95:7, 95: 13,
Once 10:22, 15:9, 93:23, 94:4, 101 : 12, 95:20, 97:20, 135: 19,
Depo Court Reporting Service (630) 983-0030
228
153: 5, 153: 11 , 174:4, 174: 9 175:6 45:9, 45:9, 45: 181
153: 12, 172:23, Pass 118:6, 120:22, pertinent 177: 19 46:6, 47:7, 47: 13
184: 3, 185:6, 185: 18 121 :6, 196:231 PETERSON 67: 1 , pig 59:3
owners 5: 17, 60: 16, 201 :21 67:5, 67:8, 67: 9, PIN 170: 3
64:21 , 72: 123 99: 10 passage 154: 18 67: 19 , 68:4, 68:249 pitching 46:24, 47:2,
ownership 8: 15, passed 152:8, 69: 11 , 69: 15, 70: 1 , 47:3
10:7, 136:3 167:21 , 174: 3, 70:6, 70: 16, 88: 8 place 16:4, 92:22,
owns 172:24 175: 16 , 194: 15, petition 5: 12, 19: 19, 101 : 18, 115:3, 141 :6,
197: 1 21 : 13, 94:9, 115: 3, 165: 11 , 175:9, 180:4
passing 185:23 136: 19, 136:21 , placed 157:9, 172:8
< P > passion 56 :2 152: 11 , 152: 18, places 144:5
P.M. 1 : 9 past 14: 12, 28:5, 152:20, 203:22 placing 104: 10,
packed 27:2 89: 11 , 93 :6, 178: 18 petitioner 17: 15, 108 :7
packet 71 :4, 148: 12 patience 175:4 17:21 , 18:24, 19: 12, plain 189:22
packets 150: 12, Patricia 79: 5, 79: 9, 19: 18, 36: 1 , 52: 13, plainly 204:6
150: 14, 174: 19 108: 13, 108: 16 77:4, 114: 17, 115: 18, Plan 6: 19, 21 : 19,
Page 63:23, 74: 141 PATTEN 179:2 , 116: 177116 :20, 24:8, 29:9, 29: 191
74:21 , 75:8, 185: 1 179:5, 179:5, 180:6, 145:24, 157:21 , 31 : 1 , 31 :21 , 32: 35
pages 164: 14 180: 17, 181 :3, 174: 5, 175:7, 175:20, 32 :5, 32:6, 33: 18,
paper 29:2, 29:41 181 : 13, 181 : 17, 176: 12, 184: 18, 45:241 46: 14, 76: 12,
29: 13, 30:4, 73: 11 , 181 :20, 181 :23 187:4, 206:21 84:2 , 86: 13, 139: 10,
128:4 PAUL 2: 3 petitioners 35: 17 , 139: 17
paragraph 185: 16 paying 121 : 16 50:21 , 206:24 Planned 207:4
parallel 192:22 PC 17: 14, 35:23, phases 11 :2 planning 45: 14,
parameters 77:6 206:23 Phil 27:24, 28:4 175 :6
parcel 87:21 , 88:91 pending 47:20 Philipchuck 53: 1 , Piano 176:3
157:6 , 170:3 per 22: 17, 22: 19, 115:2, 116: 13, plans 176: 10
Pardon 113: 18 31 :23, 33:4, 55:5 116: 15, 116: 19, plants 16:5
Park 66: 11 , 133:20 percent 5: 16, 7:82 118:4, 119: 10, plat 19:21 , 152:24,
Parkway 207: 8 47: 9, 196: 17, 196:23 155:21 , 167: 10, 154: 14
part 31 : 19, 45:233 percentage 47: 14 187: 14 player 188:8, 188: 12
61 :97 72:9, 75:79 perfectly 130:7 Phillips 52:22 plays 143: 13
96: 19, 97:2, 97: 14, performed 114: 9 phone 129: 18, pleased 46:7
99:22, 119: 18, 145:81 perimeter 43:8 187: 18, 187: 19, pleasers 126: 17
145:8, 146:8 , 147:21 , period 7:2 187:20, 188: 12 pleasure 203: 11
147:24, 159:24, permits 95 :8, 95: 14 phonetic 39:21 , Pledge 3: 1
168: 17, 169:6, permitting 152: 16 53:23, 65: 3, 66:51 plenty 193:4, 194:22
169: 19, 187:24, perpendicular 41 : 17 107: 11 , 134:22, PLOCHER 145: 1 ,
190: 1 , 194: 15, person 93: 10, 139: 3, 182:6, 182 : 12 , 145:4, 145:5, 145:20,
195: 12, 202:24 108: 18, 112:5, 201 :6 146:3
particular 34: 13, 123: 12 , 135: 14, physically 89: 15 pockets 60: 16
82:8, 86:6, 102:41 196: 19 picture 33: 12, 75: 19, poin 10: 15, 121 :24,
167: 3, 168: 16, 181 :8, personal 112: 12, 75:21 , 76: 1 , 76:81 128:23, 131 :21 ,
184: 18, 185: 16, 113:5, 119:2, 124:23, 78: 11 , 78: 14 191 : 18, 202:4
185:21 , 185:23 125: 3, 199: 16 pictures 74:3, 74: 15, pointed 197: 19
parties 168:24 Personally 120:7, 78: 10, 78: 16 police 7: 12
parts 27: 11 126:23 piece 26: 19, 161 :6 political 111 : 11 ,
party 146: 1 , 174:4, perspective 86:4, PIERSON 45:2, 45:61 111 : 12, 122:4
Depo Court Reporting Service (630) 983-0030
229
Pollution 157:3, predominantly 41 :6, 182: 17, 191 :6 proposed 38:4, 42:61
157:8, 174:8 42:3 problem 15:21 , 54:9, 58:2, 68: 18, 98: 15,
pond 25:23, 26:3, preference 125:3 119:6, 150: 18, 152:22
47 : 16 preferential 77:8 150:24, 203:21 proposing 19:24,
ponds 47:22, 47:23 preliminary 19:21 , problems 16:2, 28:5, 31 :24
POOLE 83:4, 83:7, 207 : 5 61 :21 , 105: 91 122:24, protect 14: 1 , 56: 13
83:8, 83: 15, 84: 10, premium 9:2 123:7 protection 54: 11
84: 17, 91 : 16, 91 : 19, prepare 11 : 17 procedural 128: 15 protocol 150: 18,
91 : 19, 92: 18 , 164:8, preparing 20:3 procedurally 60:22, 180:9
164: 8, 164:20, 165: 51 present 96:21 , 123:22 prototypes 42: 14
165: 14 115:7, 116: 12, 120: 1 , procedure 61 : 13, provide 24:2, 24:51
popular 125:23 123:4, 148: 12 64:2, 70: 11 , 105: 17 , 29:4, 45:20, 54:24,
portion 47:8, 88:41 presented 74: 18, 130: 10, 173:5 64:20, 95:6, 130:24,
88:6, 96: 1 , 138: 31 114: 13 procedures 106:7, 131 :2, 156:3, 156: 19,
147: 19, 152: 11 , presenting 88: 13 128: 17, 204: 15 156:22, 187:4, 202:7
158: 12 , 158: 13, preserved 26 : 5 proceed 8: 13, 59: 13, provided 6: 14 ::
160:8, 160: 10, 173: 11 president45: 10 60: 1 , 60: 17, 61 :21 23:21 , 46: 13, '72:3,
185: 12, 185: 17 , press 81 : 16 61 : 15, 62:8, 65:7 139:8, 139: 16,
209: 9 presumption PROCEEDINGS 1 :6 , 139: 19, 144:7,
portions 38:2 169: 10, 173: 17 3:2, 56:9, 209:7, 154: 18
posed 202: 14 pretending 161 : 19 210: 11 , 210: 15 provision 95:4,
position 9: 16,55:21 pretty 40: 14, 75:21 , process 9: 18, 58:4, 96:21 , 100: 17,
56: 13, 62: 18, 121 : 1 , 203 : 18 59:6, 60:20, 60:21 , 175: 19
121 :6 prevent 54: 13 61 :2, 61 :22, 81 :81 provisions 64: 11
positions 62: 1 previous 7:24, 89:7, 101 : 16, 101 : 18, Prudent 59: 14,
possession 68 :21 102:23, 175: 16, 105:22, 117:8, 59: 19, 59: 19, 59:23,
possibility 120:3, 193: 1 130: 15, 139: 11 , 62:9, 105:5
193: 12 previously 173:20, 162: 13, 165: 11 , publication 21 :20
possible 65:4, 184: 17 167:3, 195: 18, publications 29:3,
132:2, 150: 17, PRICE 55:21 , 55:24, 195:20, 195:211 29: 8
199:21 105:4, 117:22, 118:7, 198:3, 199: 51 201 : 10, publicly 151 :9,
possibly 7: 18, 126:5, 126: 12, 135:8, 202:23, 202:24, 152: 12
100: 13 165:9 204: 19 publish 29:2
post 89: 11 principal 147:23 produced 173:23 published 29: 13,
posted 71 : 10, prior 49: 13, 52: 14, professor 64: 1 71 :7
141 :20, 141 :21 71 : 11 , 92 :8, 130: 10, prohibit 131 :5 PUD 36:4, 37: 18,
postpone 208:8 139: 9, 139: 10, project 72:21 207:5
postponed 206:21 139: 17 , 139:21 , projected 22:5 pulled 120:7
potential 81 : 14, 141 :22, 174:2, 186 :6, prolongation 148:4 punishment 109: 15
126: 1 , 156:3, 156:20, 201 :9 promote 153: 17 purchased 10:22
160: 14 private 166:22 proper 45:20, 46:8, purpose 17: 13,
POWELL 2: 11 probably 7: 13, 81 : 8, 105: 17, 106:6 50: 17, 54:23, 90:7,
power 69:7, 72:71 26: 18, 34:3 , 40:20, properly 77: 12, 78:5, 98: 10, 156:7
76:24, 82: 11 , 107:24, 45:2, 94: 19, 115:20, 81 : 11 , 170:6 pursuant 64: 17,
107:24 119: 1 , 119: 12, properties 23:24, 131 :20, 152: 16
practices 72:9 129:21 , 131 :9, 144:4, 26: 18, 85: 15, 167: 18 pursue 7:22
precedent 9: 12, 157: 18, 168:2, proposal 12: 18, pursued 135: 9
12:6, 120:24 172:22, 182:8, 12:24, 158:2 pushing 40:2
Depo Court Reporting Service (630) 983-0030
230
put 9: 16, 34: 11 64:5, 65: 1 , 80: 1 , reasoning 114: 1 , regardless 88:22,
83: 18, 86:20 , 92:22, 104:23, 128:6, 167:6 108: 1
124: 1 , 124:24, 148: 10 , 150:6, reasons 164: 11 , regards 123: 17,
128: 14, 132:3; 150:21 , 151 :2, 151 :4, 164:21 , 165 :6, 177:4
141 : 13, 145:71 151 :9, 151 :9, 151 : 12, 187:22, 192:20, regular 56: 1
174:22, 189: 14, 154: 19, 154:21 , 193:4, 193: 13 rehash 59:8
194:23, 207: 10 155: 1 , 155:6, 156:4, receipts 28: 18 reiterate 26: 14,
putting 22: 16, 46:7, 156: 5, 156:8, 156: 11 , receive 49:6, 118:21 , 196: 10
106: 15 157: 19, 163: 18, 145:21 , 187: 18, related 204:9
164: 15, 181 :5, 186:5, 198: 13, 198: 14, relating 65:4
194: 14 198: 17 relation 31 :20, 59:5,
< Q > reading 175: 17, received 28: 15, 62: 5, 94:8, 138:20,
qualitatively 155:8 181 : 12 48: 15 , 94: 16, 114: 16, 174: 15
quarter 148: 5 ready 124:20 115: 1 , 152: 10, 188:2 relationship 132:7
questionable 105:24 reaffirm 134:24 recharge 31 :9 relatively 5: 5
questions 12: 10, Real 11 : 11 , 17:221 reciprocated 59:2 relay 122: 19
13: 19, 20:4, 20:91 36:6, 51 :3, 82:221 recognize 75:20 relevance 150: 9
21 :3, 39: 5, 44:24, 119:6, 119: 15, recommendation relevancy 140:4,
128: 9, 135: 1 120:21 , 121 :9, 56: 15, 205: 14, 140:7
Quick 15:4, 87:20, 132: 15 , 135:6, 205: 18 relief 38:21
132: 15 , 160: 17, 160: 17, 190: 3, 195:4, reconvene 3:6 relieve 62: 16
171 : 18 , 199: 12, 198:24, 207:6 Record 10:4, 53: 16, relieving 153:15
199: 16 reality 60: 11 , 60: 12 71 :2, 71 :5, 71 :9, remain 85: 9, 195: 13
quickly 120:21 , realize 55:3, 55: 11 , 74: 9, 119:20, 129: 14, remaining 185: 16
121 :9, 182: 18 107: 17, 113 :23, 130:6, 154: 12, remarks 78: 19,
quite 8: 3 , 33:24 115:20, 183: 16, 172: 12, 202: 12 78:23
quoted 110: 7 184: 16, 189: 14 record. 157: 10 remember 14: 15,
really 13:23, 39:41 recorded 6: 5, 10: 11 75: 9, 75: 13, 109:2
40: 18, 47: 17, 59: 15, 184:20 remind 78:21
< R > 70:23, 72:6, 76:91 Recorder 154: 13 reminder 4: 11
R-1 89:3, 89: 11 , 90:4 80: 5, 91 : 1 , 91 : 1 , recordkeeping 11 :4 remove 119: 10,
R-2 17: 19, 19:20, 91 :2, 100: 11 , 165 :20, records 6: 13, 11 :6 195:7
32:4 197: 12, 205:7 recover 8:2 removed 116: 10,
Radona 65:2 reannex 57: 14 red 75:9, 105:21 120:8
rail 92: 13 reannexed 143:3 redo 60: 18 render 127:22,
Raintree 87: 19 reason 8: 11 , 12:4, redone 170:6 127:23, 130:7,
raise 30:9, 179: 18 24:4, 32 :239 38: 31 redraft 157: 12 131 : 12, 131 : 15
raised 108: 19 68:22, 111 : 15, 114:5, reduce 37:23, 37:24 renegotiate 121 :2,
ramifications 124:21 114:6, 151 : 14, 154:9, reduced 41 : 10 170:22
range 28:20, 147:22 155:6, 156: 17, referring 177: 12 renegotiating 171 :5
rate 66: 15 160: 12, 163: 19, refers 195:7 repair 153: 16
rather 182 : 14, 164:24, 182:24, refile 200: 11 repeat 47: 11 , 114:24
191 : 11 , 191 : 16, 192: 18, 193:2, 194: 3, refuse 176:20 replace 155: 18
191 :21 194: 13 regard 6: 15, 152: 17, replacement 187:9
Rathje 37: 15 reasonable 95:6 177:9 reply 188: 17
reach 125: 15, 126:6 reasonably 65: 14, regarding 117: 9, REPORT 1 :6
reacted 167: 10 95: 13 131 : 10, 131 : 13, reported 210: 10
read 63 :22, 63:231 reasoned 126:2 187:241188 : 16 reported. 3:4
Depo Court Reporting Service (630) 983-0030
231
Reporter 210:8 19:20 return 176:6, 187:23 20: 17, 20:22, 21 : 12,
reports 10:24, 10:24 resident 53:23, revealing 166: 15 23:8, 23: 179 24: 15,
represent 19: 11 , 58:20, 85:24, 86: 1 , revenue 55:4, 80: 14, 27:9, 28:24, 29: 11 ,
70: 8, 112: 17, 121 :20, 87: 19, 91 :20, 93: 5, 115: 13, 145: 11 29: 15, 31 : 16
122:3 , 130: 19, 131 :6, 101 : 16, 108: 17, revenues 102: 13 Rose 2:9, 13:5,
172:22 110:22, 130: 18, reverse 173: 14 119: 12, 150:5,
representative 134:23, 139:39 139:4, review 83:21 , 117:22 150: 16, 151 :3
13: 12, 19: 14 158:5, 170: 15, reviewed 94:8 rough 165: 19
representatives 171 : 10, 171 : 12, reviewing 117:4 roughly 175: 19
78: 14, 112: 9, 112: 10, 171 : 19, 172 : 10, revised 179: 10 Route 17:24, 26:24,
115: 7, 122:22, 178: 14, 183: 11 , revisions 116: 11 , 36:8, 36:8, 46:6,
127: 14 183: 12, 183: 13, 116: 13, 116: 18, 51 : 5, 72: 3, 72:4,
representing 37: 16, 184: 14, 191 : 1 , 116:20, 116:22 106:2, 147:20, 148: 1 ,
115: 18, 152:24 191 :21 revolving 124: 17 152: 13, 156:24,
represents 4:24 residential 31 :22, rezoning 17: 18, 175: 12
republic 111 : 18, 56: 1 50:24, 89:7, 207:2 rubber 121 : 14;::
112:8, 112:8 residents 10: 12, RICH 101 : 3 196:24
Republican 74: 16 12: 17, 14:2, 67: 10, Richard 182: 11 rude 115: 19
request 37: 17, 70:8, 80: 5, 86:8, Rick 101 :6, 158:4 rule 56: 14
37:22, 38:3, 47:20, 154: 8, 156: 16, ridiculous 33:5, ruling 199:3, 199:4,
90: 12, 90: 14, 117: 14, 170: 18, 193: 17 81 :23 201 :20
117: 15, 118:7, resolution 194: 16 riding 60:7 rumors 109: 11
143:24, 160: 149 Resources 25: 11 right-of-way 26: 1 , running 113:24
160: 19, 173:3, respect 63: 12, 63: 16 156:23 runs 24: 10, 83: 161
185: 18, 186:22, respectable 63: 16 right-of-ways 97: 8 142: 15, 143: 11 ,
187:2 , 187:8, 198: 12 respectfully 198:20 risk 125:22 161 :4, 165:231
requested 95:7, respective 7:5 River 82: 19, 83: 81 192:22
115:21 , 187: 14, respond 200:4 84:5, 84:6, 91 :201 rush 77:24
187:21 response 13: 1 , 93:6, 101 :7, 108: 17, Rush-Copley 206:23
requesting 17: 17, 16: 10, 34: 14, 39: 10, 133: 19, 164:23 RUTKAS 26:9,
21 : 14, 36:3, 50:23, 39: 12, 40:6, 40:91 roads 55:7, 171 : 11 26: 12, 26: 13, 57:21 ,
85: 5, 195: 15, 207:2 45: 1 , 49: 17, 52: 11 , 184: 1 , 184: 1 , 189:4 57:24, 58: 1 , 58:7,
require 24:2, 41 : 11 114:23, 116:24, roadway 130: 16, 165: 17, 165:21 ,
144: 13, 166:21 , 157:23, 205:21 131 : 17, 156:3, 166: 12, 166: 19
174: 12, 196: 14, responsibility 62: 17, 156:20, 175:21 ,
196: 17, 196:22 136: 11 , 136:22 175:22
required 28:20, responsible 47:21 roast 59:3 < S >
46: 3, 95: 14, 95:24, rest 22:6, 22: 15, Robert 26:9, 26: 13 Sable 25: 19
119: 3, 119:22, 173: 9, 38:7 roll 3: 17, 16:20, safety 189:2, 189:5
185: 11 restarted 201 : 11 18:7, 34:20 , 36: 13, sale 194:23
requirement 90: 18, restating 148: 18 49:24, 51 : 10, 146: 18, sand 72: 14
119:24, 174: 11 result 23:23, 24: 11 149:6, 206: 3, 207: 15, sane 59:21 , 60: 1
requirements 71 : 18, 153: 9, 154:8, 156: 16, 208: 13 Sanitary 23:20,
198: 15 159:2 rolling 61 :23 23:21 , 24:3
requires 11 :20, 90:3 retailer 38: 11 Ron 53: 19, 53:22 sardines 27:3
requiring 153: 11 retention 47:22, room 76: 17, 80:6 satisfied 52:23
research 13: 9, 13: 11 47:23 ROSANOVA 19: 1 , saturated 31 : 12
Residence 17:20, rethinking 167: 12 19: 5, 19:8, 19:9, Saturday 75: 101
Depo Court Reporting Service (630) 983-0030
232
75: 11 , 93:6 seconded 3: 17, 70:22, 101 :20, shown 199:23
saying 94:20, 98:2, 16:20, 18:7, 34:20, 101 :22, 164: 10, shows 33: 17, 144: 3
99: 9, 101 : 14, 102: 19, 36: 13, 49:24, 51 : 10, 168: 11 , 210: 16 sic 58: 14
103:20, 128:2, 146: 18, 206: 3, setback 21 : 15, side 17:24, 21 : 14,
137: 18, 150:7, 207: 15, 208: 13 37:23, 38: 1 , 38:23, 25: 12, 26: 17, 31 :71
194: 14 Secondly 173: 12 39:22, 40: 1 , 40: 14, 34:7, 39: 1 , 43: 111
says 74: 1 , 9,5: 5, seconds 148: 3 41 :6, 41 :9, 41 :231 60:24, 75:9, 81 : 11
95: 19, 98: 18, 129:5, Section 71 :23, 42:20, 43: 5 , 44: 1 99:9 , 137:21 , 137:21 ,
174: 1 , 174:3, 174:6, 73: 13, 74: 10, 76: 14, setbacks 38:8, 142: 10, 142: 11 ,
174: 10 , 174: 12, 142: 14, 148:6, 154:2, 38: 14 , 38:21 153:6, 164:6, 169:3 ,
181 : 16, 185:6, 154: 11 , 154: 16 , setting 9: 12, 12:61 175: 12, 198: 1
185: 16, 210:7 185:5 109:4 sides 175:4, 194:9,
schedule 78:4, Sections 147:22 seven 6:6, 10: 199 198:5
195:21 , 198: 17 seeing 135: 8, 135: 9 11 :6, 15: 17, 16:6 sight 46:9
scheme 75: 1 seek 128: 10 seven-year 6:7, 7:2 sights 103: 10
School 34:2, 64: 11 seeking 19: 19, several 13:4, 21 :22, sign 43: 19, 43122,
128:241 145: 15, 173 :2 63:20, 68: 17, 85: 15, 105:2
147: 12, 192: 14 seems 72:6, 120: 13, 88: 10, 116:23, signaled 43: 15
SCHROEDER 178:3, 193:9 131 : 10, 131 : 11 significant 9: 3
159: 16, 159: 19, seen 67:22, 100: 11 , severe 55:9 signs 54:3, 71 : 101
159:20, 160:3, 118: 13, 119: 14, sewer 34: 1 71 : 12
160:23, 161 :8, 120:24 , 142: 8, shall 95:24, 154: 8 , similar 20:23, 41 :51
161 : 14, 161 : 18, 174: 14, 174: 16 154: 16, 156: 15, 96:20, 97: 11 , 175: 15
161 :241162:2, 162: 5, sell 175:2 157:6, 157:9, 185: 10, simple 108: 18,
162:9, 162 :23, 163:2 , send 83:24 185: 17 197: 1
163: 10, 163: 15, sending 105:20 shallower 41 :2, simply 53:9
163:21 , 164: 3 sense 9:23, 121 : 18, 41 :22 single 112:4
science 111 : 11 , 122 :8, 196: 16, 197:2, shape 41 :5 single-family 20: 1
111 : 13, 122:4 197: 13, 197:21 share 122: 5, 179: 16 Sir 20: 10, 26:6,
score 125:8 sensible 59:21 , sheet 147: 18 27:21 , 32: 12, 34:9,
Scott 87: 15, 87: 18 60: 1 , 62:7 shepherd 58:4 39: 13 , 46: 12, 57: 19,
scrambling 72: 15 sentence 97: 19 Shifrin 4:23 65:22, 84: 19, 86:22,
screwed 72:22 separate 21 : 18, Shopping 35:24, 87: 13, 92:5, 93:41
search 190:4 26:2, 52:6, 100:21 38:4, 191 : 13 102: 11 , 110: 18,
seat 62:2 103:7, 107:2, 116:8, Short 4: 14, 82:20, 118: 10, 136:3,
secon 61 : 16 119:5, 157: 14, 82:22, 107: 15, 142:6, 140: 15, 164:6,
Second 3: 9, 3: 15, 195: 15 , 204: 18 203: 15, 203: 17, 165: 16, 166: 16,
6:24, 16: 18, 28: 14, September 34:7, 203: 19 178 :6, 181 :247 183:6,
31 : 19, 34: 18, 36: 11 , 74:22, 94:7, 167:6, shorter 44: 9 192:7, 200: 17, 204:7
49:227 51 : 8, 77:2, 181 :2, 181 : 11 , Shorthand 210: 8, sit 80: 12, 194: 19
105: 3 , 106: 10, 181 : 18, 187: 12 210: 10, 210: 13 site 25:8, 25: 14,
138:23, 146: 16, september. 94:2 shortly 107:3 25:24, 71 :8, 141 :21 ,
148: 83 149:21151 : 17, septic 24: 1 , 24:3 Shouldn't 105:20, 171 : 1
151 :21 , 155:23, serve 122: 10, 171 :8 111 : 5, 135:20, 189:3, sited 88: 19, 88: 19
172:2, 188:2, 188: 120 serves 173:24 192:20, 193:5 sites 81 :24
206: 1 , 207: 13, Service 3: 13, 5: 131 show 44:3, 71 :3, siting 59:5, 61 :22,
208: 11 8:7, 9:6, 11 : 14, 11 :24 71 :5, 71 :9 77: 15, 137:4, 157:3,
second. 18:5 set 39:22, 47: 9, showed 10:23 174:7, 175:23,
Depo Court Reporting Service (630) 983-0030
233
195:21 , 199:5, Soon 106: 10 spoke 123: 16, 196:21 , 201 :22,
204: 19 soonest 67: 16, 124: 10, 130:4, 130:59 210: 1 , 210: 8
sitting 159: 10, 186:9 188:7 stated 38:20, 97:6,
174:20 Sorry 24:3, 35: 19, spoken 103:8, 98:9, 173:7, 173: 16,
situation 121 : 11 , 42:23, 65:22, 65:23, 110: 12, 112: 14, 186:8
123: 18, 128: 15, 69: 1 , 79: 14 , 118: 16, 113: 14, 119:23, statement 12:8,
162: 18 139: 18, 139: 18, 129:20, 141 : 1 13:23 , 47: 14, 66:23,
six 13: 15 , 86: 1 , 150: 13, 154:24, Spring 24: 11 , 53:24 97: 12, 122: 17,
147:22 177: 1 , 185 :4, 191 : 19, square 23: 18, 25: 15, 122: 18, 195:3
six-year 190:24 192 :2, 198: 10 27: 18, 30:20, 31 : 17, statements 113: 17,
size 22:4, 22: 11 , sort 7: 17 31 : 17, 41 :4, 177:23 113:20, 113:23
23 : 5 , 23:7, 27: 17, sorts 109: 12 ss 210:2 States 111 : 19
30:22, 31 : 16, 31 :20, soul 190:4 SSA 5: 19, 9: 17, 11 : 1 stating 114: 17
32: 19 sound 46:9 Staff 14:7, 20:3, 49: 1 status 49: 13
sizes 22: 12 sounds 175: 15 stamp 121 : 14, statute 90:21 , 90:21 ,
slanderous 78: 19, South 17:23, 20: 17, 196:24 114: 14, 131 :20-4
78:23 20: 18, 20:20, 26: 17, stand 61 :8, 109: 18, 143:20, 162: 11 ,
slash 74:24, 74:24 32:24, 41 : 14, 42: 16, 110: 10 113:4, 157: 14, 162: 14, 163:6,
sleep 126:24 44:6, 44: 16, 44:22, 195:20 163: 18, 168: 16,
slight 38: 14 51 :4, 84:2, 84:3, standards 15: 9, 174: 1 , 174: 10,
slightly 28:5 137:21 , 142: 16, 16: 13 196: 17, 204:6
small 41 :9 142: 18, 147: 19, standing 59:7, Statutes 105: 16
smaller 22:21 , 41 :22 148: 1 , 148: 17 148:2, 78: 14, 118: 5 statutory 64: 17
Smith 19: 15, 25:2 148: 5, 152: 12, 173: 1 , standpoint 197: 14 Stay 59: 15, 59:237
sneak 78:5 207:7 Star 35: 15, 50: 19, 60: 10, 61 :9, 62:81
sod 16:5 southeast 36:7 71 : 11 , 75 : 12, 75: 15, 84: 8, 86:21 , 92: 16,
soggy 24: 11 southern 25:8 76: 15, 77:9, 114: 19, 93:2, 105:6, 105:7,
solely 122:21 southwest 34:6 153:4, 153:24, 105: 11 , 106 : 1 ,
solid 139: 10, 139: 17 space 25: 5, 26:41 156:20, 167: 17, 106: 17, 121 :4,
solution 203:20, 42:4 169:2, 180:21 130:23, 130:23,
204:4 speakers 21 :2 , 59:4 start 25: 16 , 165: 101 195:21 , 205:2, 205:2,
somebody 142:21 speaking 5:2, 8:21 , 199: 17 205:2
somehow 13:24 23: 13, 84: 14, 110:8, starting 120: 14 staying 42:3
Someone 18:23, 129:5, 130: 1 , 134:6, starts 25: 12 stench 91 :6
32: 12, 53: 15, 84: 18, 177:5 State 7:21 , 11 :4, step 59: 16, 123:23
87: 13, 91 : 13, 101 : 1 , Special 3: 13, 5: 13, 39: 14, 39: 15, 53: 16, stepping 103: 19
104: 16, 106:24, 8:61 9:6, 11 : 14, 11 :24 67:2, 88: 18, 88: 18, stick 39:23
126: 14, 135:22, specialized 63:7 90:21 , 97:20, 105: 16, stood 175:7
172: 14, 176:24, specific 67: 14, 114: 14, 123: 17, stop 43: 19, 109:241
177: 11 , 178:23, 90: 16, 95:4, 100:8, 127:24, 129:4, 126: 9, 169: 9, 200: 14,
184:8, 190: 12, 131 :20, 136: 10 129: 12, 130: 12, 201 : 13, 201 : 161
190: 17, 194:6 specifically 37: 19, 130: 13, 130:21 , 202:9
someplace 175:22 96: 11 , 96: 12 , 96: 13, 131 :7, 131 :20, stopped 198 :23,
sometimes 111 :23 97: 19, 131 :6, 163:7 138:24, 143:20, 201 : 10
somewhat 98:6, spend 191 : 11 , 144:23, 162: 11 , store 45:22
175: 15 191 : 17, 191 :21 162: 14, 163: 18, stores 45:22
somewhere 103: 10, spirit 109:5 175: 10, 187: 10, stormwater 26:3
180: 15, 193:20 split 145: 11 196: 17, 196: 18, story 194:9
Depo Court Reporting Service (630) 983-0030
234
straight 41 : 17, 44:22 203:3 Tenpin 182: 2, 182 :51 Tim 178:8, 178: 11
strange 163:4, suit 61 : 1 182:5, 189: 3 Timber 32: 18, 183 :9
163:6, 163:24 Sunflower 3: 12, 5: 1 , term 173: 11 tired 59: 10
Street 110:22, 9:239 10: 18, 15:5 terms 29: 1 , 60:2 , title 8: 15, 10:231
178: 13, 184: 15 super 173: 9 60:5, 61 :3, 100:81 10:24
street/road/right-of- supercedes 88:20, 100: 14, 119: 11 , Today 73:2, 110:24,
way 154: 5, 154: 10, 90:22 119: 17, 150: 17 , 111 :4, 113:6, 124:9,
156: 13, 156: 18 Support 74: 16 176:9 124: 10, 124: 11 ,
strong 109:4 supporting 121 : 1 , testimony 12:23, 130:5, 179: 13,
strongly 114: 3, 195:7 13:2, 53:6, 53:9, 186: 11
114:41 122:2 supposed 12: 16, 174: 16 Todd 20: 12 , 71 : 1 ,
study 174: 15 46:23, 47: 1 , 47: 31 Thanks 142 :4, 142:6, 167:4, 170:7,
stuff 48: 1 , 168:6, 47: 18, 68: 12, 73 :21 , 164: 3, 181 :23, 184: 5 171 : 10
189:2 113: 3, 122: 3, 133:24, thereby 153: 14 together 72: 15,
style 27: 17 164: 15, 169: 1 , they'll 6:23 109:6 , 154: 14,
subdivision 10:5, 179: 14, 179:24 , They've 86: 19 180: 13, 180: 15
19:21 , 20: 19, 27: 1 , 196:9 thinking 34:6, 81 : 5, Tom 85:20, 85:23,
27: 14, 28:6, 31 :31 suppress 177:6 100: 10 177: 3
31 : 5, 33: 12, 33:23, surprised 31 : 13 , thir 61 :20 Tonight 5:7, 19: 131
83: 9, 87: 19, 91 :21 , 174:23 Third 147:23, 152:6, 28: 16, 30: 11 , 30: 12,
93:7, 93:9, 97: 10 , surrounding 62: 13 155:24, 170:22 52:8, 52:22, 53:9 ,
207:9 sustainable 157: 1 though 13: 17, 30:41 54: 17755: 1 , 57:7 ,
subject 64: 15, sworn 210:7 132:7, 148: 18 58: 12, 76:22, 94:21 ,
66: 19, 66: 19, 93: 3, thousand 13: 15 98:7, 98: 12, 101 : 13,
95:9, 95: 17, 95:21 , threat 194: 10 103: 17, 106: 15,
95:23, 97:21 , 98:20, < T > threaten 194: 5 110:20, 118: 13,
185:7, 185:9, 204: 1 tacky 26:22, 27: 12 threatened 61 : 1 , 124: 18, 125:9, 127:2,
submit 32:8, 116:24, talked 52: 19, 52:209 72: 18, 116: 9, 140:2, 127:22, 144:8,
117:4, 117:7, 117:24 93: 9, 127:23, 127:24, 193: 14 160: 18, 161 :3,
submitted 116:22, 129: 5 , 169: 12, 182:91 threatening 135: 13, 165: 13, 167:23,
117: 12, 117: 18, 186: 1 , 188:23, 197:7, 197:20 168: 10, 174:20,
117:21 , 118:2 201 : 18 threats 113:7, 175:5, 175:8, 175: 15,
subsequently 21 : 17, talks 168: 17, 181 : 15 197: 17 195:3, 195:22, 196:8,
94: 18 tall 46:8, 54: 11 , three 5:22, 5:24, 8:9, 202: 19, 202: 19
substance 200: 16 109: 18, 110: 1 22: 16, 22: 18, 33:4, took 72: 13, 158:24
substantial 153:8 taught 109: 17 34:2, 35:21 , 41 : 10, top 66: 12
substantiating tax 55:4, 145: 11 108: 19, 109: 15, topic 86: 16
120:22 taxes 102: 14 119:2 topics 130: 18
sudden 15:21 TDC 35:24, 37: 16 three-acre 26: 18 tortious 65: 11
sue 61 :7, 72: 12, teach 111 : 11 three-quarters total 175: 11
72: 18, 140:2, 193: 15, technicalities 161 :2, 119:24 towards 22: 11 , 40:2,
193: 17, 193:24, 161 :3 throw 113:7, 189:23 195: 11
194:5, 197:20 technicality 161 : 1 THUROW 188: 13, town 106:20,
sued 114:21 , 114:21 , technically 40: 16, 188: 19, 188:22 133:21 , 137:21 ,
193:23 161 :6 ticking 177:22, 137:21
sufficient 54: 13 ten 32 :20, 75: 12 , 198:22 Township 18:2,
suggest 141 :24 192: 16 ticky 26:22, 27: 12 145: 16, 147:22
suggesting 98:4, tenant 42:8 tie-breaking 75: 14 track 204: 19
Depo Court Reporting Service (630) 983-0030
235
Tracy 37:6, 37:91 47: 10 130: 17, 143: 16, 199:2, 199:3, 199:23,
37: 14, 38:20 Tuesday 3:6 144: 18, 158: 17, 201 : 19
traffic 174: 15, turn 30:6, 73: 13, 166: 1 , 168: 10, update 49: 13,
183:24, 184:2 89: 10, 176: 15, 202:6 177: 10, 199: 10 154:20
transcript 210: 13 turned 179:23, 195:6 understanding 9: 14, upfront 130: 1
Trashmore 54:6, tw 103:7 10:7, 10: 13, 42:20, upper 25: 18
54: 8 twice 151 : 17 45: 13, 88: 9, 101 :8 upset 54: 3
travel 172:5, 182:7, Two 8: 5, 11 : 1 , 21 : 13, understood 126: 15 , urban 85:3, 85:67
182: 16 22: 15 , 27: 10, 38:21 , 204: 12 85: 12
TRAVIS 2: 12 42: 11 , 48: 19, 67: 18, unemotionally urge 103: 8, 103: 13
Treasurer 2 : 11 , 74: 11 , 78: 13, 86: 19, 126: 19 urging 104: 12
74: 17 87:2, 112:20, 123: 14, unfair 56: 9, 178: 3 usage 70: 19, 89: 11
treated 47:24 141 :9, 157: 19, unfamiliar 108:24 89: 1
treating 47:23 164: 10, 164:20, unfortunate 81 :2 , user 40:24
treatment 77:8 164:22, 164:24, 111 : 12 uses 32:7, 89: 13
tree 46:2 165:6, 168:24, unfortunately 188: 5 using 87:22 .
trees 45:20 175: 11 , 176: 16, UNIDENTIFIED
tremendous 81 : 15, 177:20, 180: 12, 15: 15, 16:3, 23:41
191 : 14 186: 10, 194: 9, 68: 14, 124: 14, < V >
Tribetof 107:6, 202:24, 203: 10 125: 18 vacate 60:22, 96: 14,
107:9, 107: 11 two-thirds 119:22 unincorporated 106: 13, 152: 11 ,
tributaries 164:22 type 7:23, 12:81 69: 10 152: 18, 152:20,
tributary 83: 16, 27: 17, 38: 10, 40:24, unique 9:22, 10: 18 153:2, 153: 14,
83: 19, 84:2, 84:51 131 : 16 Unit 207:4 160:20, 161 : 13,
165:23, 166:2 types 89: 13 United 1 :2, 2: 18, 162: 3, 171 :21 , 173:2,
tried 78:6, 204:5 typical 23:8 17: 16, 17: 17, 17: 19, 173:4, 175:21 ,
trucks 55: 12, 92: 13 typically 93:22, 35: 18, 36:2 , 50:22, 176:20, 180: 18,
true 97: 18, 112:21 97: 19 50:24, 51 : 1 , 61 :61 184: 1 , 191 :3, 193: 14,
128: 14, 210: 12 66:8, 71 :8, 111 : 19, 193: 17
truly 81 :8 152: 10, 152: 13, vacated 123:21 ,
Trust 35: 15, 35: 16, < U > 152: 14, 152: 19, 152:22, 153: 1 ,
50: 19, 50:20, 77:9, u/t 153:4, 154: 1 , 153: 1 , 153:7, 153: 13 , 153: 18, 153:24,
106: 15, 114: 19, 156:21 153:20, 154:8, 165:24, 169: 18,
153:4 , 153:24, Ultimately 5: 13, 156: 16, 180:2, 207: 1 , 170:20, 174:7,
156:21 , 179:24, 8: 18, 10: 1 , 10:6, 207:3, 207:4 176: 13, 183: 1 , 184:4,
180:21 , 181 :71 11 :2 , 11 :8, 11 : 14 units 31 :23, 95: 15 185: 17, 192: 19,
181 : 12 , 181 : 15, unaware 48: 19, University 63:24 192:20, 193: 3,
181 : 16 108:23 unjust 56:9 194: 13, 200:7
truth 109: 16 unbelievably 109:5 unless 69: 18, 92:6, Vacating 128: 18,
Try 4: 13, 10:31 83:24, unbiased 135:4, 131 :6 151 : 16, 153: 17,
94: 15, 121 :5, 156: 11 , 135:7 unlike 170: 18 154:4, 154:9, 156: 12,
178:2, 197: 14 underneath 165:23 unreasonable 156: 17, 158: 18,
trying 33: 11 , 33:21 , understand 15:24, 143:24 159:3, 159: 11 ,
35: 19, 38:6, 78:51 22 :22, 25: 17, 34: 1 , Until 77: 18, 118: 13, 159:21 , 162:24,
89: 12, 122: 19, 150:8 , 47:4, 69: 17, 69:20, 124: 18, 148: 19, 168: 13, 174: 1 ,
160: 3, 160:7, 163:22 , 79: 19 , 80: 15, 82:51 157:4, 177: 16, 176: 19, 179: 10,
167: 5, 169: 13, 177:6 82:9, 101 : 17, 102: 18, 177: 16, 181 : 1 , 186:2 , 183:22, 196:5,
Tucker 38:20, 46:23, 103: 9 , 103:24, 104:5, 191 : 1 , 198:22, 199:2, 196: 14
Depo Court Reporting Service (630) 983-0030
236
VALERIE 2 :5 75: 11 , 94: 1 , 141 : 5, watershed 25: 19, 117: 1 , 130:8, 130:9,
valid 144: 15, 144: 16 , 141 : 8, 151 :23f 46:21 137:21 137:20,
169:23, 177: 15 167: 16, 168:5, 168:7, Wayne 67: 10 137:20, 143:21 ,
validity 173: 18 181 : 10, 187: 13, ways 189:4 161 : 12, 161 :22,
Valley 17: 14, 19: 12, 187: 15, 196:4, web 141 :21 169:23, 185:21 ,
19: 14 203: 10 Webster 59: 19 193: 10, 199:20
value 153:8, 174:21 , votes 70: 17, 112:20, week 21 : 17, 49:4, whim 112: 12
186:24, 194: 17 119:3 83:21 , 104:24, Whole 5:6, 5: 11 ,
values 170: 19 voting 67: 15 , 67:23, 114:24, 128:4, 142 : 1 70:21 , 72:21 , 92: 18,
variance 21 : 15, 110: 3 , 114:6, 123:5, weeks 49: 8, 67: 18, 101 :22, 116 : 16,
29:24, 40: 13, 40: 16 123:9, 139: 10, 141 : 9, 186: 10, 117:8, 121 : 11 , 127:9,
various 64:22 171 :22 203: 10 142: 1 , 155:2t 157: 11 ,
vehicles 176: 15 weigh 63: 5, 128:3, 157: 17, 180: 12
veil 113:7 197: 16 wide 23:9
version 195:4 < W > weird 162: 18 wider 41 :2, 41 : 151
versus 183: 12 wait 78:2, 124: 18, WEIS 123: 17, 124:9, 42:7
vested 135:9 148: 19 129:8, 129: 11t width 156:23'
Veteran 207: 8 Wal-mart 145:7, 129: 12, 132:20, widths 42: 14
viable 61 :7 145: 10 132:22, 133:2 wife 164: 12
Viacobi 65:2 walk 15: 18 welcome 125: 17, WILLIAM 2: 11
Viet 107: 13, 107:22, walked 33 :23 165:20 willing 171 :4
133:23 Walker 157: 1 , well-being 107: 19 win 56: 10
View 17: 14, 19: 121 176: 16 Wells 60: 15, 172:24, Windham 179:6
19: 15, 43:22, 46: 14 Wally 138: 15, 139:2 182:7, 189: 10 wise-crack 63: 12
Village 65: 13, 87: 19, wandering 70: 10 West 19: 11 , 32:24, wish 113: 24, 183: 10
145: 18 wanted 32 :22, 88:81 51 :5, 142: 11 , 142: 15 , within 28: 19, 42: 3,
Vince 19: 5, 19:9 93: 11 , 104:23, 115:6, 143: 1 , 148:3, 184: 15 49:41 49:7, 69:51
violate 139: 9 115: 6, 115:7, 129:3, wetland 24: 17 69: 13, 72:7, 93:21 ,
violation 180: 11 154: 19 , 155:6, wetlands 26:4, 101 :9, 102:7, 118:23 ,
violations 7: 1 , 7:4, 157: 17, 162:5, 28: 12 119:7, 120:4 , 138: 5,
7: 11 , 92: 10 178: 16, 179: 19, whatever 6:21 , 9:9, 152: 13, 162: 15,
Virginia 60: 15, 179:20, 191 :2, 200:2, 12:3, 22:20, 52:23 , 162:20, 163:8,
172:24, 182:7, 200:3 69:6, 86: 10, 90:2, 163: 17, 170:4
189: 10 wants 4: 15, 72:21 , 107:23, 108:6, without 15: 18, 46:2,
virtually 11 :6, 31 : 12 77:4, 81 : 17, 86: 10, 109: 19, 110:2, 143: 1 , 60: 18 , 60:21 , 81 :7,
visualize 33:21 90: 11 , 90: 11 , 103:23, 167: 13, 167: 15, 159:23, 166: 14,
VITOSH 1 : 8, 210:6, 105: 11 , 123: 12 201 : 16 171 :22
210:23 Ward 110:23 Wheaton 37: 15 WITNESS 76: 17,
voice 108:5, 112: 13, warm-up 155:6 whenever 181 : 15 210: 16
127:8 warned 78: 17 Whereas 152:9, woman 133:22
voiced 115: 12, 127:7 waste 81 : 18, 88:3, 152: 14, 152: 18, wonder 76:9
void 173: 11 88:3, 88: 15, 88: 19, 153: 1 , 153:6, 153: 12 wondered 15:6,
Volte 190: 20, 89: 10, 139: 10, WHEREOF 210: 16 167: 11
190:23, 190:23 139: 17 wherever 191 : 12 wonderful 191 :24
voluntary 56: 3, water 23:20, 31 : 10, Whether 30: 13, wondering 52:7,
102: 3, 102:4, 143: 17, 33:24, 47: 15, 54: 11 , 54: 10, 56: 16, 57:5, 76:2, 145:6, 150: 17
144: 10 54: 12, 54: 13, 191 :5, 70: 17, 89:22, 92: 13, WOODRICK 138:9,
voted 5: 19, 15: 10, 191 :6 106: 12, 116:21 , 138: 15, 138: 18,
Depo Court Reporting Service (630) 983-0030
237
139:2, 139: 3, 139: 16 , 108:23, 134:23,
140: 1 , 140:6, 140: 10 135: 5
Woodward 37: 15 Yield 43:20, 43:211
word 59: 19, 59:22, 43:22
111 : 3, 130:23 , Yorkville-bristol
161 :20 23:21
worded 163:6 yourself 21 :3, 48: 14,
words 106: 16 62: 16, 75:21
work 11 : 16, 81 :211 yourselves 180:2
96: 12 , 127: 19 ,
183: 12, 187:20
worked 9:6, 145 :23 < Z >
working 20:2, 83:23, ZBA 21 : 14
97: 5, 97:7, 97:8, zero 41 : 11 , 44:2
132:7 zone 25:20
works 161 : 10, zoned 85: 16
172: 16 Zoning 19:20 , 21 :20,
worry 84:4 29:24, 32:4, 85: 91
worse 28: 10, 109: 15 85: 14, 88: 1 , 88: 14,
worth 183:2 88:20, 88:22 , 89: 5,
writing 49:4 89: 11 , 89 :20, 90: 16,
written 71 :3, 119: 13, 90: 18, 90: 19 , 90:22,
174: 17 90:23, 95 :2, 96:91
WYETH 2: 17, 98:5, 99:24, 100: 1 ,
101 : 10 , 117 :21 , 207:5
124:7, 124: 16, 125:7,
125: 141125:20,
126: 10, 126: 13, < Dates >
127: 10, 127: 13, 1 -06-2007 71 :24
127: 15, 127:21 , 1 -23-2007 71 :4
128: 8, 129:20, 9-07-2006 74:23
129:23 , 130:4, 132:7, 9-16-2007 75: 10
132: 13, 137: 12, 9-25-2006 76: 12
137:24, 148:20, august 8, 2006
150: 11 , 150: 14, 35: 16, 35: 16, 35: 17,
150:23 50:21 , 50:21 , 50:21 ,
153:4, 153:4, 153:4,
154 : 1 , 154: 1 , 154: 1
< Y > august 8, 2006,
yard 21 : 14, 88: 3, 06-9993 156:21 ,
88:3, 88: 15, 89: 10 156:21 , 156:21
year 55:5, 92:22, january 23, 2007
107: 12, 179:7 1 : 8, 1 :8, 1 : 8
years 6:6, 10: 19,
11 :6, 15: 17, 16:6,
24: 81 32:20, 32:21 ,
53:24, 66: 10, 79: 10,
85:24, 86:2, 108: 19,
Depo Court Reporting Service (630) 983-0030
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNTIED CITY OF YORKVILLE KENDALL COUNTY ILLIN
HELD IN THE CTTY ARM ROAD. CHAMBERS. DRAFT
�
800 GAME FARM ROAD ON K
TUESDAY, APRIL 24, 2007.
Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of
Allegiance.
ROLLCALL '..
Clerk Milschewski called the roll.
Ward I James Present
Leslie Present
Ward II Burd Present
Golinski Present
Ward III Bock Present
Munns Absent '..
Ward IV Besco Absent
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City
Administrator Cools, Assistant City Administrator Olson, Police Chief Martin, Director of Public
Works Dhuse, Director of Park & Recreation Mogle, Community Development Director Miller, -
Finance Director Mika and Public Relations Officer Spies.
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS '....
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
None.
COMMITTEE MEETING DATES '..
Public Works Committee Committee of the Whole
7:00 P.M, Tuesday, May 15, 2007
City of Yorkville Conference Room
Economic Development Committee Committee of the Whole
7:00 P.M., Tuesday, May 15, 2007
City of Yorkville Conference Room
Administration Committee Committee of the Whole
7:00 P.M., Tuesday, May 1, 2007
City of Yorkville Conference Room
Public Safety Committee Committee of the Whole
7:00 P.M., Tuesday, May 1, 2007
City of Yorkville Conference Room
PRESENTATIONS
None.
PUBLIC HEARINGS
Castle Bank Trust #8342
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Castle Bank Trust #8342, petitioner, who has filed an application with United City of Yorkville,
Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from
Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District. The
real property consists of approximately 13.998 acres, located at 2200 Route 47, Kendall
Township, Yorkville, Illinois. So moved by Alderman Leslie; seconded by Alderman Golinski.
Motion approved by a roll call vote. Ayes-6 Nays-0
Bock-aye, Spears-aye, Burd-aye, James-aye, Golinski-aye, Leslie-aye
The Minutes of the Regular Meeting of the City Council — ADCil 24. 2007 — page 2
Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court
Reporting Service for the transcription of this portion of the public hearing.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bock;
seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-6 Nays-0
Spears-aye, Burd-aye, James-aye, Golinski-aye, Leslie-aye, Bock-aye
CITIZEN COMMENTS
None.
CONSENT AGENDA
1 . Yorkville-Bristol Sanitary District (PC 2006-100)
a. Ordinance 2007-29 - Annexing - authorize the Mayor and City Clerk to
execute, subject to staffreconnnendations and findings in the 419107 memo from
Travis Miller
b. Ordinance 2007-30 - Rezoning - authorize the Mayor and City Clerk to
execute, subject to staff recommendations and findings in the 419107 memo from
Travis Miller
2. Cobblestone Commons South (PC 2007-06) -
a. Resolution 2007-27 - Approving the Final Plat of Subdivision — authorize the
Mayor and City Clerk to execute, subject to staff continents including and legal
review
b. Ordinance 2007-31 - Authorizing the Execution of an Amendment to
Development/Economic Initiative Agreement - authorize the Mayor and City
Clerk to execute, subject to staff comments including and legal review
3. Resolution 2007-28 - Approving the Preliminary and Final Plat for the Re-subdivision of
Lot 3 of Menard's Commercial Commons Fifth Addition (Goodwill Store) - authorize the
Mayor and City Clerk to execute, subject to staff comments and legal review (PC 2007-07)
4. State Purchase Dump Trucks — approve purchase as presented, subject to funding in FY
07108 Budget (PW 2007-67)
5. Fox Hill and Sunflower Estates RFP Results- award to English and Son 's Landscaping as
presented (PW2007-68)
6. Grande Reserve Unit 14 - Letter of Credit Expiration — authorize City Clerk to call letter of
credit unless it is renewed by June 28, 2007 (PW2007-69)
7. Grande Reserve Unit 15 - Letter of Credit Expiration — authorize City Clerk to call letter of
credit unless it is renewed by June 25, 2007 (PW2007-70)
8. Raintree Village Unit 4 — Supplemental Letter of Credit Reduction #1 authorize reduction
in an mnount not to exceed$668,960.40, subject to verification that developer has no
outstanding debt owed to city (PW 2007-71 )
9. Raymond Storm Sewer Outfall - Change Order 43 - authorize increase in an amount not to
exceed $27,543. 74 and authorize Mayor to execute (PW 2007-72)
10. Request to Purchase Digital Scales for Truck enforcement — approve as presented
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Bock; seconded by Alderman James. ',
Motion approved by a roll call vote. Ayes-6 Nays-0
Burd-aye, James-aye, Golinski-aye, Leslie-aye, Bock-aye, Spears-aye ',
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings of
February 27, 2007 and the Committee of the Whole meetings of February 6, 2007 mid March 6,
2007; seconded by Alderman Bock.
Motion approved by a viva voce vote.
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated April 12, 2007 totaling the following amounts: checks in the amount of
$566,564.49 (vendors); $217,241 .99 (payroll period ending 3/31/07); for a total of$783,806.48
(total); seconded by Alderman Besco.
I
The Minutes of the Re ular Meeting of the City Council — April 24, 2007 — naee 3
Motion approved by a roll call vote. Ayes-6 Nays-0
James-aye, Golinski-aye, Leslie-aye, Bock-aye, Spears-aye, Burd-aye
REPORTS
MAYOR'S REPORT
Sponsorship Recommendations
Mayor Prochaska reported that the City Council has been asked by the Human Resource
Commission to consider a request for a donation to the Nichols family who lost three members of
their family to a fire. He encouraged members of the community to reach out aid help the
family. He entertained a motion to approve a recommendation for the sponsorship for the
Nichols family, in care of Circle Center Grade School, in the form of a donation of the sum of
$250.00 as presented. So moved by Alderman Golinski; seconded by Alderman Bock.
Motion approved by a roll call vote. Ayes-6 Nays-0
Golinski-aye, James-aye, Burd-aye, Spears-aye, Bock-aye, Leslie-aye
Ordinance 2006-38 Approving the 2007-2008 Fiscal Budget '
(ADM 2007-28)
Mayor Prochaska reported that the comments and questions given to Director Mika have been
worked into the budget. He noted that the Council was given a memo regarding the
garbage/waste disposal service. He stated that he, Director Mika and Assistant City
Administrator Olson went over the cost acrd reduced it to $10.93/mouth. Currently it is
$5.45/month. A senior discount of$1 .00/mmrth will also be maintained however this has been
raised from $.50/month. The City is subsidizing over $500,000.00 in order to keep the disposal
fee down. He indicated that these changes do not change the bottom line of the budget.
Alderman Spears asked what the total cost for the senior discount was annually. Mayor !,
Prochaska estimated that this is about $4,900.00. Alderman Spears asked if the funds could be
found so that this would not have to be increased. She indicated that the increase is due to the
City Council not asking to have this included in the waste disposal contract. Mayor Prochaska
stated that the thought process behind the senior increase was that all citizens are getting an
increase in the cost so this would be fair to everyone, however, he did not object to the funds
being found to keep this charge at $.50/month. Alderman Spears stated that she preferred that the '..
cost to the seniors stay the sane.
Alderman Bard stated that she did not feel the increase to $1.00/month would be hurtful to
anyone. She asked why the City was subsidizing the garbage disposal. Mayor Prochaska stated
that historically Yorkville has done this. He indicated that this has been done for the fourteen
years he has been on the Council and even before that. He explained that dollar from economic
development have been used to do this. Alderman Bard stated that the Council should encourage
people to have less garbage. She stated that by subsidizing the fee, she felt it encouraged people
to throw out all kinds of garbage. She felt that people need to be aware to recycle more. She
stated that it was her understanding that the cost increase is due to transportation costs. She stated
that people need to be aware that the side effect of transporting garbage a long distance is
increased cost to them. She stated that if this is what people prefer, they need to be aware of the
cost.
Alderman Golinski stated that he was unaware that the City subsidized the waste disposal cost.
He stated that he reviewed the rates from surrounding municipalities and Yorkville still has one
of the lowest rates. Alderman Golinski noted that there are only about 400 seniors taking
advantage of the discount so he felt the discount should remain at $.50/month. Mayor Prochaska
indicted that if the rates were not subsidized the cost to residents would be $19.00/mmnth.
Alderman Leslie stated he also was unaware of the subsidy. He thought this was odd and
expressed his concem that as the City grows, the subsidized amount will grow.
Mayor Prochaska agreed that recycling should be encouraged and noted that Yorkville is one of
the better recycling communities in the area. He agreed as the City grows, the cost of the subsidy
should be reviewed.
Alderman James asked if there were any other services that the City subsidizes. Mayor
Prochaska indicated that this was the only one.
Alderman Leslie stated that the subsidy was not a savings to the residents because they either pay
directly for the service or through their taxes. Mayor Prochaska reiterated that the subsidy comes
from economic development dollars such as sales tax not real estate taxes.
The Minutes of the ReaularMeetinil of the City Council — April 24. 2007 — page 4
Alderman Burd indicted that these funds from economic development could be used somewhere
else such as on streets. She felt that residents are more concerned with the streets than garbage.
She suggested that funds should be moved around and the garbage rates should be increased "a
little bit' more this year.
Mayor Prochaska explained that the Council could amend the budget to address this and that the
user fee is doubling this year. He asked the Council what they felt the senior discount should be.
Alderman Spears indicated that she felt the senior fee should remain at $.50/month. '..
Alderman Burd stated that the garbage fee should be raised "a little bit more" for residents so that
the seniors could still have the $.50/month discount. '..
Alderman James asked why the seniors were being charged anything. Mayor Prochaska stated
that this was investigated at one time and that there was a reason that the seniors needed to be
charged a fee however he did not recall it at this time.
Aldermen Golinski and Leslie agreed the fee should be left at $.50/month.
Alderman Spears had a question on page 3 of the budget regarding Community Events. She stated
that it indicated the amount of $45,200.00 however this does not correspond to the amount in the
comments section. Director Mika stated that this was her error and the amount is $45,200.00.
Mayor Prochaska entertained a motion to approve an ordinance approving the 2007-2008 Budget
for the United City of Yorkville, as presented, subject to final staff and legal review, mid to
authorize the Finance Director to insert all amounts and finalize the form of the Budget
specifically pursuant to the discussion of the City Council tonight and to file the finalized budget
as required by state statute. So moved by Alderman Burd; seconded by Alderman Bock.
Alderman Spears indicated that she was uncomfortable approving the budget with the blanks in
the document. Mayor Prochaska stated that staff could fill out the document and bring it back to
the Council. Mr. Olson indicated that the bottom line of the budget has not changed and it would
take him about ten minutes to fill in the figures. _
Mayor Prochaska entertained a motion to postpone the vote until after the Economic
Development Committee report on the agenda. So moved by Alderman James; seconded by
Alderman Bock.
Motion to postpone approved by a roll call vote. Ayes-6 Nays-0
James-aye, Burd-aye, Spears-aye, Bock-aye, Leslie-aye, Golinski-aye
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT '..
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT '..
No report.
DIRECTOR OF PUBLIC WORKS REPORT ''..
Director Dhuse reported that the watermain reconstruction on Washington mid Fox Streets has
been completed. The storn sewer has been run up Mill Street and the storm sewer and watermain
is underway on Heustis Street. He stated that a lot of interesting pipes have been found under
Heustis Street including a wood watermain.
The Minutes of the Regular Meeting of the City Council — April 24, 2007 — Page 5
CHIEF OF POLICE'S REPORT
Chief Martin reported that Sergeants Diederich and Sibenaller will be retiring this month. Also,
Lieutenants Hart and Schwartzkopf are attending a training course on weapons of mass
destruction in Nevada that is being paid for with funds from the state and federal government.
They will be training others on this subject when they return. He reported that Officers Pleckham
and Jeleniewski have completed their canine certification classes. He also reported that
Lieutenant Hart graduated from his executive training course and Sergeant Delaney will be
graduating from his the school of police staff and command from Northwestern University.
DIRECTOR OF PARKS & RECREATION'S REPORT
No report.
COMMUNITY DEVELOPMENT DIRECTOR'S REPOR
No report.
COMMUNITY RELATIONS OFFICER'S REPORT '
Mrs. Spies reported that Volunteer Appreciation Day will be celebrated on May 12, 2007 at the
Riverfront Park.
COMMUNITY & LIAISON REPORT '...
Kendall Elder Friendly Disaster Planning Workshop
Alderman Spears reported that she and Alderman Golinski attended the Kendall Elder Friendly '..
Disaster Planning Workshop on April 20, 2007. Many organizations bad representatives at the
event. Alderman Golinski stated that a program named CHUG (Collaborative Healthcare
Urgency Group) was discussed. This is a cooperative arrangement between private institutions
and municipalities that provides urgent response to residents who are less able to get around or
who need immediate attention.
School Board Meeting
Alderman Bard reported that she attended the School Board meeting on May 23, 2007 where they
approved the agreement between the City and School District for the use of School District '..
facilities in exchange for providing a police officer for the high school. They also approved a
contract in the amount of$81,740.00 for the resurfacing of the tennis courts. The City will be
responsible for half of this cost. They also reviewed a proposal for making Yorkville Middle
School a freshman center.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2007- 32 Rezoning Corn Holdings, LLC
(PC 2007-08)
A motion was made by Alderman Bard to approve an ordinance rezoning certain property
commonly referred to as the Corn holdings property, as presented, subject to final staff and legal
review; seconded by Alderman Spears.
Alderman Spears asked if Director Miller was able to review the request for flex zoning. Director
Miller stated that be had reviewed it and the existing zoning will remain the same. He also noted
that lie went over this with the petitioner.
Motion approved by a roll call vote. Ayes-6 Nays-0
Burd-aye, Spears-aye, Bock-aye, Leslie-aye, Golinski-aye, James-aye
Ordinance 2007-33 Fountain View
Authorizing the Execution of the Annexation Agreement
(PC 2007-11)
A motion was made by Alderman Burd to approve an ordinance authorizing the execution of an
Annexation Agreement with Gerald L. Hanson ("Owner") and DTD Investments, LLC
("Developer"), as presented, and authorize the Mayor and City Clerk to execute all documents
upon final legal and staff review; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye, Bock-aye, Leslie-aye, Golinski-aye, James-aye, Burd-aye, Prochaska-aye
The Minutes of the Regular Meeting of the City Council — April 24, 2007 — page 6
Ordinance 2007-34 Fountain View - Annexing
(PC 2007-11)
A motion was made by Alderman Burd to approve an ordinance annexing certain property
commonly known as the Fountain View commercial development in furtherance of an
Annexation Agreement with Gerald L. Hanson ("Owner") and DTD Investments, LLC
("Developer"), as presented, and authorize the Mayor and City Clerk to execute all documents
upon final legal review; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-6 Nays-0
Leslie-aye, Golinski-aye, James-aye, Burd-aye, Spears-aye, Bock-aye
Ordinance 2007-35 Fountain View - Rezoning
(PC 2007-11)
A motion was made by Alderman Burd to approve an ordinance rezoning certain property in
furtherance of an Annexation and Planned Unit Development Agreement with Gerald L. Hanson
("Owner") and DTD Investments, LLC ("Developer"), as presented, and authorize the Mayor and
City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. ',
Motion approved by a roll call vote. Ayes-6 Nays-0
Leslie-aye, Golinski-aye, James-aye, Burd-aye, Spears-aye, Bock-aye
Ordinance 2007-36 Fountain View
Authorizing the Execution of a Development/Economic Initiative Agreement
(PC 2007-11)
A motion was made by Alderman Burd to approve an ordinance authorizing the execution of a
Development/Economic Initiative Agreement with DTD Investments, LLC
("Owner/Developer"), as presented, and authorize the Mayor and City Clerk to execute all
documents upon final legal review; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-6 Nays-0
Leslie-aye, Golinski-aye, Janres-aye, Burd-aye, Spears-aye, Bock-aye
Ordinance 2007-37 Greenbriar Road Parcel
Authorizing the Execution of a Development/Economic Initiative Agreement
(PC 2007-16)
A motion was made by Alderman Burd to approve an ordinance authorizing the execution of a
Development/Economic Initiative Agreement with DTD Investments, LLC '..
("Owner/Developer"), regarding the Greenbriar Road Parcel, as presented, and authorize the '..
Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman
Spears.
Mayor Prochaska asked if the reference to utility tax was addressed and Attorney Wyeth
indicated that the reference has been removed.
Motion approved by a roll call vote. Ayes-6 Nays-0
Golinski-aye, James-aye, Burd-aye, Spears-aye, Bock-aye, Leslie-aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
MAYOR'S REPORT CONTINUED
Ordinance 2006-38 Approving the 2007-2008 Fiscal Budget
(ADM 2007-28)
Mayor Prochaska noted that the City Council had received copies of the Budget with the figures
filled in. The motion to approve the budget was still on the floor.
Motion to approve the budget approved by a roll call vote. Ayes-6 Nays-0
James-aye, Burd-aye, Spears-aye, Bock-aye, Leslie-aye, Golinski-aye
ADDITIONAL BUSINESS
Call-in System
Alderman Leslie asked what the status was for the new upgraded call-in system. Mr. Olson noted
that it should be installed in the next several weeks.
The Minutes of the Regular Meeting of the Citv Council — April 24, 2007 — nage 7
Thank you
Mayor Prochaska thanked everyone for sitting with him on the City Council for the past fourteen
years. He stated it had been his pleasure and honor to serve the United City of Yorkville. He
stated that he will always take a little time out around 7:00 p.m. on Tuesday to reflect on his
years.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for the discussion of minutes
of meetings lawfully closed under this Act, whether for purposes of approval by the body of the
minutes or semi-annual review of the minutes as mandated by Section 2.06. He noted that no
action would be taken after the session. So moved by Alderman Leslie; seconded by Alderman
Golinski. ',
Motion approved by a roll call vote. Ayes-6 Nays-0
Golinski-aye, Leslie-aye, Bock-aye, Spews-aye, Burd-aye, James-aye
The Council took a ten minute break and entered into Executive Session at 7:55 p.m.
The City Council returned to regular session at 8:20 p.m.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie; seconded by
Alderman Bock. '..
Motion approved by a viva voce vote. '..
Meeting adjourned at 8:21 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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 April 24 , 2007 ,
at the hour of 7 : 00 p . m . , at 800 Game Farm Road
in the City of Yorkville , Illinois .
D - 819407
reporting service
1212 South Naper Boulevard • Suite 119-185 • Naperville, IL 60540 • 630-983.0030 • Fax 630-299-5153
www.depocourt.com
2
1 P R E S E N T :
2 MR . ARTHUR F . PROCHASKA , Mayor ;
3 MR . PAUL JAMES , Alderman ;
4 MR . JASON LESLIE , Alderman ;
5 MS . VALERIE BURD , Alderman ;
6 MR . GARY GOLINSKI , Alderman ;
7 MR . JAMES BOCK , Alderman ;
8 MS . ROSE ANN SPEARS , Alderman ;
9 MR . JOHN CROIS , City Administrator ;
10 MR . WILLIAM POWELL , City Treasurer ;
11 MS . JACQUELYN MILSCHEWSKI , City Clerk .
12
13 A P P E A R A N C E S :
14 BY : MR . JOHN JUSTIN WYETH ,
appeared on behalf of the United
15 City of Yorkville , Illinois .
16
17 - - - - -
18
19
20
21
22
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24
Depo Court Reporting Service (630) 983-0030
3
1 ( Pledge of Allegiance )
2 MAYOR PROCHASKA : At this time I ' d
3 entertain a motion to go into public hearing for
4 the purpose of discussing Castle Bank Trust
5 Number 8342 , petitioner , has filed an application
6 with the United City of Yorkville , Kendall
7 County , Illinois , requesting annexation to the
8 United City of Yorkville , rezoning from Kendall
9 County A - 1 Agriculture to United City of
10 Yorkville B - 3 Service Business District .
11 The real property consists of
12 approximately 13 . 998 acres located at 2200
13 Route 47 , Yorkville , Kendall County , Illinois .
14 ALDERMAN LESLIE : So moved .
15 ALDERMAN GOLINSKI : Second .
16 MAYOR PROCHASKA : Moved and
17 seconded . May I have roll call , please ?
18 MS . MILSCHEWSKI : Bock .
19 ALDERMAN BOCK : Aye .
20 MS . MILSCHEWSKI : Spears .
21 ALDERMAN SPEARS : Aye .
22 MS . MILSCHEWSKI : Burd .
23 ALDERMAN BURD : Aye ,
24 MS . MILSCHEWSKI : James .
Depo Court Reporting Service (630) 983-0030
4
1 ALDERMAN JAMES : Aye .
2 MS . MILSCHEWSKI : Golinski .
3 ALDERMAN GOLINSKI : Aye .
4 MS . MILSCHEWSKI : Leslie .
5 ALDERMAN LESLIE : Aye ,
6 MAYOR PROCHASKA : Motion is carried .
7 We are now in public hearing . Is there someone
8 representing the petitioner ?
9 WHEREUPON :
10 DANIEL J . KRAMER ,
11 testified before the Yorkville City Council as
12 follows :
13 MR . KRAMER : I am , Mayor . For the
14 record , my name is Daniel J . Kramer . My address
15 is 1107A South Bridge Street , Yorkville ,
16 Illinois , 60560 . I am an attorney licensed to
17 practice law in the State of Illinois , and I
18 represent the Castle Bank Trust , and Jim Ratos ,
19 the principal , is here tonight in the back as
20 most of you know .
21 The property , although it ' s a
22 fairly Plain Jane survey and annexation at this
23 point , is located on the east side of Route 47 ,
24 It ' s immediately north of the Fisher Conover
Depo Court Reporting Service (630) 983-0030
5
1 parcel that we annexed probably about 15 years
2 ago to the City . And then a little bit further
3 to the south would be Amurol on that side .
4 The property is annexed to the
5 City now all along both sides of Route 47 , the
6 frontage is B - 3 , Highway Business District , and
7 that ' s what we ' re asking , excuse me , in this
8 annexation agreement , that the underlying zoning.
9 on the entire parcel be B - 3 Highway Business
10 District .
11 We have also asked in the
12 petition to annex , and talked with the Plan
13 Commission and received a positive recommendation
14 from last Wednesday night , on the rear of the
15 property , approximately the rear six acres , that
16 have a flex zone of R - 4 General Residence
17 District , limited to 55 and older with age
18 restricted or - - or , excuse me , assisted living ,
19 so that there would be no children committed to
20 the school district at all .
21 Frankly , Jim has had a number
22 of people contact him about that type of product
23 there . Long - term we show one of the potential
24 rail sites in the City Comprehensive Plan on that
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1 Conover Fisher parcel that ' s immediately to the
2 south .
3 We thought if there was
4 somebody who wanted to do assisted living there ,
5 might be a little bit higher rise than normal ,
6 but you ' ve got that beautiful grove of oak trees
7 in the front that could stay , so you could keep a
8 lot of common open space , and if ultimately a
9 train station was located there , that would be a
10 nice convenience for traveling and so on .
11 So the underlying zoning we are
12 proposing again is B - 3 . If we did get somebody
13 who would come in and do the assisted living , we
14 would come in ask for the flex zone to be in
15 effect , but it would be limited , would not be
16 townhouses or condos for general population , must
17 be either active adult age restricted to 55 or
18 assisted . So we will be happy to answer any
19 questions that the public has .
20 MAYOR PROCHASKA : Have to go to the
21 public first . Is there anybody out in the
22 audience that has any comments or questions on
23 this project ?
24 ( No Response )
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1 MAYOR PROCHASKA : Hearing none , from
2 the Council at this time , Jason ?
3 ALDERMAN LESLIE : Yeah , Dan .
4 MR . KRAMER : Yes , sir .
5 ALDERMAN LESLIE : I notice this is
6 the second flex zoning that you have brought
7 before us . Is that a trend we see ? The same one
8 was in the southern corridor off of 47 .
9 MR . KRAMER : Exactly . I ' ve got to
10 tell you , it ' s when we ' re not clever enough to
11 tell you that we ' re sure what it ' s going to be .
12 We ' ve had properties on the
13 highway that you pretty intuitively know should
14 be business , but you just don ' t know what ' s going
15 to come in behind , and , again , with the assisted
16 living , they don ' t really like putting them out
17 where there is nothing for the people to get to ,
18 they ' d rather see some businesses , so it ' s really
19 a device when we ' re just not sure .
20 ALDERMAN LESLIE : Why not use the
21 age restricted ?
22 MR . KRAMER : Again , we did not want
23 to give you more townhouses , more apartments in
24 town and , frankly , from the discussion of Plan
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1 Commission , had we not been restricted - - or the
2 age restricted and assisted living , I think they
3 would have given you a negative recommendation on
4 the flex zoning .
5 ALDERMAN LESLIE : Fair enough .
6 Thank you .
7 MR . KRAMER : You bet .
8 MAYOR PROCHASKA : Anyone else ?
9 Rose ?
10 ALDERMAN SPEARS : I would just like
11 to say thank you , that this is something that
12 this community really needs on the north side as
13 well . I really do hope that it goes through .
14 MR . KRAMER : Thank you . Appreciate
15 it .
16 MAYOR PROCHASKA : Anyone else ?
17 ( No Response )
18 MAYOR PROCHASKA : With that , I would
19 entertain a motion to close this public hearing .
20 ALDERMAN BOCK : So moved .
21 ALDERMAN SPEARS : So moved .
22 ALDERMAN SPEARS : Second .
23 MAYOR PROCHASKA : So moved and
24 seconded . Comments or questions ?
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1 ( No Response )
2 MAYOR PROCHASKA : Hearing none , roll
3 call , please ?
4 MS . MILSCHEWSKI : Spears .
5 ALDERMAN SPEARS : Aye .
6 MS . MILSCHEWSKI : Burd .
7 ALDERMAN BURD : Aye .
8 MS . MILSCHEWSKI : James .
9 ALDERMAN JAMES : Aye .
10 MS . MILSCHEWSKI : Golinski .
11 ALDERMAN GOLINSKI : Aye .
12 MS . MILSCHEWSKI : Leslie .
13 ALDERMAN LESLIE : Aye .
14 MS . MILSCHEWSKI : Bock .
15 ALDERMAN BOCK : Aye .
16 MAYOR PROCHASKA : Motion is carried .
17 MR . KRAMER : Thank you very much ,
18 ladies and gentlemen .
19 ( Which were all the
20 proceedings had in
21 the public hearing
22 portion of the
23 meeting . )
24 - - - 000 - - -
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1 STATE OF ILLINOIS )
SS .
2 COUNTY OF LASALLE )
3
4 I , Christine M . Vitosh , a Certified
5 Shorthand Reporter , do hereby certify that I
6 reported in shorthand the proceedings had at the
7 hearing of the above - entitled cause and that the
8 foregoing Report of Proceedings , is a true ,
9 correct , and complete transcript of my shorthand
10 notes so taken at the 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
18 original transcript and copies thereof , signed
19 and 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
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1 In testimony whereof , I have
2 hereunto set my hand this � � � day of
3 f ( ( . -1-�' ------- ' A . D . , 2007 .
-- ------
4
5
6
7
? a
9 _.
10 Christine M . Vitosh , CSR
11 CSR No . 084 - 002883
12
I
13
14
I
15
16
17
I
18
19
20
21
22
23
24
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---oOo--- 9:24 10: 18 certificate 10: 18 device 7: 19
084-002883 11 : 11 answer 6: 18 Certified 10:5, 10:20 direction 10:22
1107A 4: 15 anybody 6:21 certify 10:6, 10: 121 discussing 3 :4
13.998 3: 12 apartments 7:23 10: 17 discussion 7:24
15 5: 1 appeared 2: 15 children 5: 19 District 3: 10, 5:6,
2007. 11 :3 application 3: 5 Christine 1 :8, 10: 5, 5: 10, 5: 17, 5:20
2200 3: 12 applies 10: 18 11 : 10
4 3: 13, 5: 5 Appreciate 8: 14 City 1 : 1 , 1 :2 , 1 : 101
47 4:23, 7: 8 approximately 3: 12 , 2: 91 2: 10, 2: 11 , 2: 16, < E >
55 5: 17, 6: 17 5: 15 3:6, 3:8, 3: 9, 4: 11 , east 4:23
60560 4: 16 ARTHUR 2:2 5:2 , 5:5, 5:24 effect 6: 15
7:00 1 : 9, 1 :9 assisted 5: 18, 6:4, Clerk 2 : 11 either 6: 17
800 1 :9 6: 13, 6: 18, 7: 15, 8:2 clever 7: 10 enough 7: 10, 8:5
834 3: 5 assume 10:20 close 8: 19 entertain 3:3, 8: 19
attorney 4: 16 Comments 6:22, entire 5: 9
audience 6:22 8:24 Exactly 7:9
< A > Aye 3: 19, 3:21 , 3:23 , Commission 5: 13, excuse 5:7, 5: 18
A-1 3: 9 4: 1 , 4:3, 4:5, 9: 5, 9:7, 8: 1
above-entitled 1 :7, 9:9, 9: 11 , 9: 13 , 9: 15 committed 5: 19
10:8 common 6:8 < F >
accuracy 10:21 community 8: 12 R 2:2
acres 3: 12, 5: 15 < B > complete 10: 10 Fair 8:5
active 6: 17 B-3 3: 10, 5:6, 5: 91 Comprehensive fairly 4:22
address 4: 14 6: 12 5:24 Farm 1 :9
Administrator 2:9 back 4: 19 condos 6: 16 filed 3:5
adult 6: 17 Bank 3:4, 4: 18 Conover 4:24, 6: 1 first 6:21
aforesaid 10: 11 beautiful 6:6 consists 3: 11 Fisher 4:24, 6: 1
age 5: 17, 6: 17, 7:21 , behalf 2: 15 contact 5:22 flex 5: 16, 6: 14, 7:6,
8:2 behind 7: 15 control 10:22 8:4
ago 5:2 bet 8:7 convenience 6: 10 follows 4: 12
agreement 5:8 bit 5:2, 6:5 copies 10: 19, 10:22 foregoing 10:9
Agriculture 3:9 BOCK 2:7, 3: 18, correct 10: 10 Frankly 5:21 , 7:24
ALDERMAN 2:3, 2:4, 3: 19, 8:20, 9: 14, 9: 15 corridor 7:8 front 6:7
2: 5, 2:6, 2:7, 2 : 81 Bridge 4: 15 Council 1 : 1 , 4: 111 frontage 5:6
3: 14, 3: 15, 3: 19, brought 7:6 7:2
3:21 , 3:23, 4: 1 , 4:3, BURD 2:5, 3:22, counsel 10: 13,
4: 5, 7:3, 7: 5, 7:20, 3:23, 9:6, 9:7 10: 13 < G >
8:5, 8: 10, 8:20, 8:21 , Business 3: 10, 5:6, COUNTY 3:7, 3:9, Game 1 :9
8:22 , 9:5, 9:7, 9: 9, 5:9, 7: 14 3: 13, 10:3 GARY 2:6
9: 11 , 9: 13, 9: 15 businesses 7: 18 CROIS 2:9 General 5: 16, 6: 16
Allegiance 3: 1 CSR 11 : 10, 11 : 11 gentlemen 9: 18
although 4:21 give 7:23
Amurol 5:3 < C > given 8: 3
ANN 2:8 C.S.R. 1 : 8 < D > GOLINSKI 2:6, 3: 15,
annex 5: 12 call 3 : 17, 9 : 3 D-819407 1 :24 4:2, 4:3, 9: 10, 9: 11
annexation 3:7, carried 4:6, 9: 16 Dan 7:3 grove 6:6
4:22 , 5: 8 Castle 3:4, 4: 18 Daniel 4: 10, 4: 14
annexed 5: 1 , 5:4, cause 10:8 day 11 :2
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< H > ladies 9: 18 nice 6: 10 PROCHASKA 2:2,
hand 10:20, 11 :2 LASALLE 10: 3 night 5: 14 3:2, 3: 16, 4:6 , 6:20,
happy 6: 18 last 5: 14 No. 11 : 11 7: 1 , 8:8, 8: 16, 8: 18,
Hearing 3: 3 , 4:7 , law 4: 17 none 7: 1 , 9:2 8:23 , 9:2, 9: 16
7: 1 , 8: 19, 9:2, 9:21 , LESLIE 2:4, 3: 14, nor 10: 13, 10: 14, product 5:22
10:8 4:4, 4: 5, 7:3, 7: 51 10: 15 project 6:23
hereby 10:6 7:20 , 8: 5, 9: 12 , 9: 13 normal 6: 5 properties 7: 12
hereto 10: 18 licensed 4: 16 north 4:24, 8: 12 property 3: 11 , 4:217
hereunto 11 :2 limited 5: 17, 6: 15 notes 10: 11 5:4, 5: 15
higher 6: 5 little 5:2, 6:5 nothing 7: 17 proposing 6: 12
Highway 5:6, 5:9 , living 5: 18, 6:4, 6: 13 , notice 7: 5 public 3:3, 4:7, 6: 19,
7: 13 7: 16, 8:2 Number 3: 5, 5:21 6:21 , 8: 19, 9:21
hope 8: 13 located 3: 12, 4:23, purpose 3:4
hour 1 :9 6: 9 putting 7: 16
Long-term 5:23 < O >
lot 6:8 oak 6:6
< I > older 5: 17 < Q >
ILLINOIS 1 :2, 1 : 10, one 5:23, 7:7 questions 6: 19,
2: 16, 3:7, 3: 13, 4: 16, < M > open 6:8 6:22, 8:24
4: 17, 10: 1 M. 1 :8, 10:5, 11 : 10 original 10: 19
immediately 4:24, matter 1 :7 outcome 10: 16
6: 1 MAYOR 2:2, 3:2, < R >
interested 10: 16 3: 16 , 4:6, 4: 13, 6:20, R-4 5: 16
intuitively 7: 13 7 : 1 , 8: 8, 8: 16, 8: 18 , < P > rail 5:24
8 :23, 9:2, 9: 16 P.M. 1 :9 rather 7: 18
MEETING 1 : 1 , 1 :6 parcel 5: 1 , 5: 9, 6: 1 Ratos 4: 18
< J > meeting. 9:23 parties 10: 14, 10: 15 real 3: 11
J. 4: 10, 4: 14 MILSCHEWSKI 2: 11 , PAUL 2: 3 really 7: 16, 7: 181
JACQUELYN 2: 11 3: 18, 3:20, 3:22, people 5:22, 7: 17 8: 12, 8: 13
JAMES 2: 3, 2:79 3 :24, 4:2 , 4:4, 9:4, petition 5: 12 rear 5: 14, 5: 15
3:24, 4: 1 , 9: 8, 9:9 9:6, 9: 8, 9: 10, 9: 12 , petitioner 3: 5, 4:8 received 5: 13
Jane 4:22 9: 14 place 10: 11 recommendation
Jason 2 :4, 7:2 Motion 3: 3, 4:6, Plain 4:22 5: 13, 8: 3
Jim 4: 18, 5:21 8: 19, 9: 16 Plan 5: 12, 5:249 7:24 record 4: 14
JOHN 2 :9 , 2: 14 Moved 3: 14, 3: 16, please 3: 17, 9:3 related 10: 13, 10: 14
JUSTIN 2: 14 8:20, 8:21 , 8:23 Pledge 3: 1 Report 1 :6, 10:9
MS 2:5, 2:8, 2: 11 , poin 4:23 reported 10:7
3: 18, 3:20, 3:22, population 6: 16 Reporter 10:6
< K > 3:24, 4:2, 4:4, 9:4, portion 9:22 represent 4: 18
keep 6:7 9:6, 9: 8, 9: 10, 9: 12, positive 5: 13 representing 4:8
Kendall 3:6, 3:8, 9: 14 potential 5:23 reproduced 10:21
3: 13 POWELL 2: 10 requesting 3:7
KRAMER 4: 10, 4: 13, practice 4: 17 Residence 5: 16
4: 14, 7:4, 7: 9, 7:22 , < N > pretty 7: 13 Response 6:24,
8:7 , 8: 14, 9: 17 name 4: 14 principal 4: 19 8: 17, 9: 1
needs 8: 12 probably 5: 1 responsibility 10:21
negative 8:3 Proceedings 1 :6, restricted 5: 18,
< L > neither 10: 12 9:20, 10:7, 10:9 6: 17, 7:21 , 81 , 8:2
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rezoning 3: 8 townhouses 6: 16,
rise 6:5 7:23
Road 1 : 9 train 6 : 9 < Dates >
roll 3: 17, 9:2 transcript 10: 10, april 24, 2007 1 : 8,
Rose 2:8, 8: 9 10: 19 1 : 8, 1 : 8
Route 3: 13 , 4:23, 5: 5 traveling 6: 10
Treasurer 2 : 10
trees 6:6
< S > trend 7:7
school 5:20 true 10: 9
Second 3: 15, 7:6, Trust 3:4, 4: 18
8:22 type 5:22
seconded 3: 17, 8 :24
Service 3: 10
set 11 :2 < U >
Shorthand 10:6, ultimately 6: 8
10:7 , 10: 10 underlying 5: 8, 6: 11
show 5:23 United 1 :2, 2 : 15, 3:6,
side 4:23, 5:3, 8: 12 3: 8, 3:9
sides 5: 5
signed 10: 19
sir 7:4 < V >
sites 5:24 VALERIE 2:5
six 5: 15 Vitosh 1 :8, 10: 51
somebody 6:4, 6: 12 11 : 10
someone 4:7
South 4: 15, 5:3, 6:2
southern 7:8 < W >
space 6: 8 wanted 6:4
SPEARS 2:8, 3:20, Wednesday 5: 14
3:21 , 8: 10, 8:21 , whereof 11 : 1
8:22, 9:4, 9: 5 WHEREUPON 4:9
SS 10:2 will 6: 18
STATE 4: 17, 10: 1 WILLIAM 2: 10
station 6:9 WYETH 2: 14
stay 6:7
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suit 10: 14, 10: 15 < Y >
survey 4:22 years 5: 1
Yorkville 1 :2, 1 : 10,
2: 16, 3:6, 3:8, 3: 10,
< T > 3: 13, 4: 11 , 4: 15
talked 5: 12
testified 4: 11
testimony 11 : 1 < Z >
thereof 10: 16, 10: 19 zone 5: 16, 6: 14
tonight 4: 19 zoning 5:8, 6: 11 , 7:6,
town 7:24 8:4
Depo Court Reporting Service (630) 983-0030
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVH,LE KENDALL COUNTY ILLIN
HELD IN THE CITY COUNCIL CHAMBERS. DRAFT
800 GAME FARM ROAD ON
TUESDAY, MAY 8. 2007.
Mayor Prochaska called the meeting to order at 7:00 P.M acid led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward James Absent
Leslie Present
Ward II Burd Present
Golinski Present
Ward III Bock Present
Munns Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Wyeth, Interim City
Attorney Roth, Interim City Administrator Crois, Assistant City Administrator Olson, Finance
Director Mika, Director of Public Works Dhuse, Police Chief Martin, Director of Park &
Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Public
Relations Officer Spies.
QUORUM
A quorum was established.
SWEARING-IN:
Mayor Prochaska stated that it has been an honor and privilege to serve the people of the United -
City of Yorkville. He noted that there are exciting times ahead for the community as well as
challenges. He stated that while things may at times seem arduous there will be many
opportunities ahead. He expressed his wish that the new Council would be able to recognize the
best of the opportunities and have the strength to act upon them in the best interest of the United
City of Yorkville. He then vacated his seat.
Mayor-elect Burd introduced Judge McCann who proceeded to swear in City Treasurer William
Powell, City Clerk Jacquelyn Milschewski, Ward 1 Alderman Walter Werderich, Ward 2
Alderman Arden Joseph Plocher, Ward 3 Alderman Robyn Sutcliff, Ward 4 Alderman Rose Ann
Spears and Mayor Valerie Burd.
INTRODUCTION OF GUESTS
Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and
asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Mayor Burd requested that an emergency executive session be added to the end of the meeting
before the Additional Business section of the agenda. She stated that there will be action taken
afterward. A motion was made by Alderman Werderich; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-8 Nays-0
Besco-aye, Leslie-aye, Golinski-aye, Werderich-aye,
Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye
COMMITTEE MEETING DATES
Public Works Committee Committee of the Whole
7:00 P.M., Tuesday, May 15, 2007
City of Yorkville Conference Room
Economic Development Committee Committee of the Whole
7:00 P.M., Tuesday, May 15, 2007
City of Yorkville Conference Room
Administration Committee Committee of the Whole
7:00 P.M., Tuesday, June 5, 2007
City of Yorkville Conference Room
The Minutes of the Regular Meeting of the City Council — May 8. 2007 — page 2 ',
Public Safety Committee Committee of the Whole
7:00 P.M., Tuesday, June 5, 2007
City of Yorkville Conference Room
PRESENTATIONS
None.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Darrel Brown, 8262 Highpoint Road, congratulated the newly elected officials. He also
expressed his concern with the composting facility owned by Don Hammon. He noted that the
odor from it is adversely affecting his way of life and is the worst it has been in the last seven
years. He stated that it smells so bad that his children have to stay indoors. He speculated that the
odor is related to the proposed landfill. He stated that he left Building Inspector Bill Dettmer
several messages reporting the issue and finally spoke directly to him earlier in the day. He
requested the City Council hold Mr. Hammon accountable for his operation and possibly raise the
standards for it. City Administrator Crois reported that Mr. Dettmer was out on the site today and
will be preparing a report for the City Council. He also recommended that those making
complaints leave their name and telephone number when they call so that Mr. Dettmer can
respond to them. ',
Brian LeClercq, Village President of Oswego, thanked Mayor Burd for inviting him to the
meeting. He congratulated everyone and commented that there will be a lot of work ahead with
many things happening. He invited the City Council to meet with Oswego's Board of Trustees so
that the two communities can work together.
Joanne Gilbert, 8730 E. Highpoint, commented that she was told by a lawyer that complaints
against Mr. Hammon's operation need to be filed with the Illinois Environmental Protection
Agency however she has a court order dated April 12, 1995 from the Kendall County court which
states that complaints can be made to the Kendall County Health Department in lieu of the IEPA.
She asked if this process transfers to the City now that the property has been annexed. City
Attorney Wyeth stated that he had not seen the court order but the City could be the enforcer if
applicable.
Marilyn Michelini, Village President of Montgomery congratulated the newly elected officials
and stated that she looked forward to working together with them.
Tom Gilmore, county resident, wished the newly elected members of the City Council the best of
luck. He stated that there was a bright future for Yorkville and he wished the new members the
very best.
CONSENT AGENDA
1. Monthly Treasurer's Report for March 2007 (ADM 2007.37)
2. Resolution 2007-29 - Approving Petty Cash Policy - authorize the Mayor and City Clerk
to execute (ADM 2007-38)
3. Ordinance 2007-39 - Amending Ordinance 1994-91 — Providing for the Imposition of a
Garbage and Refuse Pick-Up Surcharge — Change to Surcharge Amount - authorize the
Mayor and City Clerk to execute (ADM 2007-40)
4. Sponsorship Request for the Optimist Club — authorize waiving-park rental fee and provide
in-kind hours from Park and Recreation Department (CC 2007-05)
5. Approval of Historical Street Name (CC 2007-06)
a. Barbra Joan Groesch
b. Ralph and Arlene Blake
6. Approval of Honorary Street Names — Nomination of Founding Fathers by HRC: Delbert
Trummel, Wayne Larson, Russ Hughes, Bill Randals and Richard Mitchell (CC 2007-07)
Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by
Alderman Golinski; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-8 Nays-0
Leslie-aye, Munns-aye, Plocher-aye, Spears-aye,
Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
The Minutes of the Regular Meeting o- City Council — May 8, 2007 — page 3
MINUTES FOR APPROVAL
A motion was made by Alderman Spears to approve the minutes of the City Council meetings of
March 13, 2007 and March 27, 2007; seconded by Alderman Besco.
Motion approved by a viva voce vote.
A motion was made by Alderman Spears to approve the minutes of the Committee of the Whole
meetings of March 205 2007 and April 3, 2007; seconded by Alderman Besco.
Alderman Golinski noted a typographical error on page 6 of the April 3, 2007 minutes;
"Alderman" Crois should be corrected to "Administrator" Crois
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Spears to approve the paying of the bills listed on the Detailed
Board Report dated April 25, 2007 totaling the following amounts: checks in the amount of
$790,326.13 (vendors — revised 5/2/07 — see summary); $223,420.54 (payroll period ending ',..
4/14/07); for a total of$1,013,746.67 (total); seconded by Alderman Besco. ',..
Motion approved by a roll call vote. Ayes-8 Nays-0 _
Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, '
Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye
REPORTS
MAYOR'S REPORT '..
Mayor Pro Tem for FY 07/08 '
Mayor Burd reported that in the past the mayor pro tern has been selected by seniority and
Alderman Munns would be the next candidate.
A motion was made by Alderman Besco for Alderman Munns to be mayor pro tem; seconded by
Alderman Spears.
Motion approved by a roll call vote. Ayes-8 Nays-0 -
Besco-aye, Leslie-aye, Golinski-aye, Werderich-aye,
Munns-aye, Plocher-aye, Spears-aye, Sutcliff--aye
Appointment of City Attorney
Mayor Burd reported that she would like to appoint Mike Roth from Wildman, Harrold, Allen
and Dixon to be the interim city attorney. She entertained a motion to accept this firm. She
indicated that the City Council had information before them and this will be for the short-term.
She explained that she had interviewed several firms and felt this one would best suit Yorkville's
short-tern needs. She noted that Attorney Roth was the former city attorney for the City of
Naperville and she asked for the City Council's vote of confidence. So moved by Alderman
Munns; seconded by Alderman Plocher. '..
Alderman Munns questioned if Attorney Roth's fees would be comparable to those paid the
previous city attorney. Attorney Roth explained that the proposal is for a fixed number of hours,
starting at 50 hours per month, for a fixed fee.
Alderman Besco questioned if the budget needed to be adjusted to accommodate Attorney Roth's
fees. Finance Director Mika stated that potentially it may need to be adjusted. Administrator
Crois indicated that adjustments can be made at the six month review of the budget.
Mayor Burd indicated that this is not for the long-term and she envisioned that a committee of
four aldermen would be established to interview firms after it has been determined if a full or
part-time attorney is needed.
Alderman Leslie asked what the time frame was for the appointment. Mayor Burd indicated that
it was open-ended and could be ended at any time.
Both Aldermen Leslie and Spears felt the firm was a good choice.
Motion approved by a roll call vote. Ayes-8 Nays-0
Leslie-aye, Golinski-aye, Werderich-aye, Munns-aye,
Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye
The Minutes of the Re ular Meetiniz of the City Council — May 8, 2007 — Page 4
Kendall Marketplace Payment and Priority Agreement
(CC 2007-08)
Mayor Burd asked if anyone wanted to make a motion to approve the Kendall Marketplace
Payment and Priority Agreement.
A motion was made by Alderman Besco to approve the form of agreement for Kendall
Marketplace "Payment and Priority Agreement" between the Developer (Cannonball, LLC)
Kohl's, Target, Home Depot, the Lender mid the City, as presented, subject to staff and legal
review and to authorize the Mayor to execute the final form of the Agreement; seconded by
Alderman Leslie.
Motion approved by a roll call vote. Ayes-8 Nays-0
Golinski-aye, Werderich-aye, Munns-aye, Plocher-aye,
Spears-aye, Sutcliff-aye, Besco-aye, Leslie-aye
City Administrator Salary Range
(CC 2007-09) '..
Mayor Burd asked for a motion to approve the City Administrator recruitment posting salary
range to be increased to $130,000.00/year based on review of the position. She repotted that the
review indicated that high-end city administrators get up to this amount and the City wants to '.
attract the brightest and best.
A motion was made by Alderman Leslie to approve City Attorney Recruitment Posting Salary
Range to $130,000.00; seconded by Alderman Werderich.
Alderman Besco asked if the budget would have to be adjusted to accomplish this. Finance
Director Mika stated that it may potentially have to be adjusted however some vacancies may
affect this.
Alderman Morris asked what the low end of the range was. Assistant City Administrator Olson ',.
explained that there is no low range and that the posting will state a salary of$130,000.00, plus or
minus.
Alderman Spears asked if the educational degree of the city administrators in other communities
were investigated. Mr. Olson stated that his investigation revealed that a bachelor's degree was
the minimum requirement with a master's degree preferred but not required. Alderman Spears
felt that for $130,000.00/year she would be more comfortable with a city administrator who had a
master's degree. Mayor Burd stated that the intention is that in order for the candidate to get the
high end of the salary, they would have to have top qualifications. Alderman Spears stated that
she would like so see thejob posting changed to indicate that the master's degree is required.
Alderman Golinski asked if the increase was recommended by the hiring consultant and Mr.
Olson stated that he did discuss the increase with them and they agreed with it.
There was some discussion on how the posting should read and the increase of the range.
Motion approved by a roll call vote. Ayes-5 Nays-2 Present-1
Werderich-aye, Munns-aye, Plocher-aye, Spears-nay,
Sutcliffiaye, Bosco-present, Leslie-aye, Golinski-nay
Committee/Commission Appointment
Mayor Burd indicated that the chairmanship of the committee's would be established by
seniority. The senior aldermen picked chairmanships and the outcome was:
• Alderman Spears - Public Safety Committee
• Alderman Munns - Administration Committee
• Alderman Besco - Public Works Committee
• Alderman Leslie - Economic Development Committee
The remaining aldermen picked vice-chairmanships based on seniority:
• Alderman Golinski - Economic Development Committee
• Alderman Werderich - Public Safety Committee
o Alderman Plocher - Administration Committee
• Alderman Sutcliff- Public Works Committee
The Minutes of the Regular Meeting of the City Council — May 8 2007 — page 5
After some discussion the following seats on committees were determined to be:
• Administration Committee — Aldermen Spears and Werderich
• Economic Development Committee — Aldermen Munns and Bosco
• Public Safety Committee - Aldermen Golinski and Alderman Sutcliff
• Public Works Committee — Aldermen Leslie and Plocher
Poppy Awareness Days
Mayor Burd read a proclamation for Poppy Awareness Days, May 17, 18 and 19, 2007 (see
attached). She asked for a vote of ratification of the proclamation and it was approved by viva
voce vote.
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
Appointment of Deputy Clerk
Clerk Milschewski requested a motion to approve Office Assistant Lisa Pickering as Deputy _
Clerk for the next fiscal year. So moved by Alderman Spears; seconded by Alderman Golinski.
Motion approved by a roll call vote. Ayes-8 Nays-0
Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye,
Leslie-aye, Golinski-aye, Werderich-aye, Munns-aye
CITY TREASURER'S REPORT
Treasurer Powell reported that bank signature cards will be available to be signed after the new
aldermen receive their signature stamps. He indicated that until this is done, none of the newly
elected aldermen can sign checks.
CITY ADMINISTATOR'S REPORT
No report. '..
FINANCE DIRECTOR'S REPORT
Director Mika reported that she distributed new budget packets to the City Council.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE'S REPORT
Chief Martin reported that a new police officer will be hired by June 5, 2007 and swom in the
following Tuesday.
DIRECTOR OF PARKS & RECREATION'S REPORT
No report.
COMMUNITY DEVELOPMENT DDIECTOWS REPOR
No report.
COMMUNITY RELATIONS MANAGER'S REPORT
No report.
COMMUNITY & LIAISON REPORT
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2007- 40 Approving a Redevelopment Agreement for the
Downtown Redevelopment Project Area
(EDC 2007-17)
The Minutes of the Regular Meeting of the City Council — May 8, 2007 — page 5
A motion was made by Alderman Leslie to approve an ordinance approving a Redevelopment
Agreement for the Downtown Redevelopment Project; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-8 Nays-0
Spears-aye, Sutcliff--aye, Besco-aye, Leslie-aye,
Golinski-aye, Werderich-aye, Munns-aye, Plocher-aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
EXECUTIVE SESSION
Mayor Bud entertained a motion to Executive Session to discuss manners of pending litigation.
She asked that the City Attorney and Attorney Kramer be included. So moved by Alderman
Werderich; seconded by Alderman Mums.
Motion approved by a roll call vote. Ayes-8 Nays-0
Spears-aye, Sutcliffiaye, Werderich-aye, Besco-aye,
Golinski-aye, Leslie-aye, Munns-aye, Plocher-aye
The City Council entered in to Executive Session at 8: 10 p.m.
The City Council returned to regular session at 8:45 p.m.
ADJOURNMENT
Mayor Bard entertained a motion to adjourn. So moved by Alderman Manus; seconded by
Alderman Besco.
Motion approved by a viva voce vote.
Meeting adjourned at 8:45 P.M.
Minutes submitted by: '..
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
***Tape malfunctioned — barely audible
Agenda Item Number
Bill payments for approval
Tracking Number
This page serves as a placeholder for the draft document
Bill List ,
i
which was included in the June 5, 2007 COW
packet, and was recommended for approval without
changes from said draft. Please contact the
Clerk's office at 630-553-4350 during normal business
hours if you would like to view the document, or please
use the City website to download the above listed packet.
Packets on the website are kept in their entirety for a
minimum of one month on the "Agendas" page,
http://www.yorkville.il.us/ og v mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
2 O
EST`' 4 036
<GE t�Y�2
Reviewed By: Agenda Item Number
J Q Le g al ��AV I C'P Y � S e I� Y� �L
Finance ❑
EST. , � 1� 1836
Engineer ❑ Tracking Number
City Administrator ❑
Consultant ❑ L(' cQO�`1 — I
<kE ��'� ❑
City Council Agenda Item Summary Memo
Title: MFT Audit Report No. 58 for January 1,2006—December 31, 2006
City Council/Committee of the Whole Date: June 12, 2007
Synopsis: Audit Report from IDOT which covers the receipt and disbursement of Motor Fuel
Tax Funds by the city for January 31,2006 through December 31, 2006.
Council Action Previously Taken: None
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested: Vote to accept report
Submitted by: Jackie Milschewski City Clerk
Name
Agenda Item Notes:
Illinois Department of Transportation
Division of Highways / District 3
700 East Norris Drive / Ottawa, Illinois / 61350-0697
Telephone 815/434-6131
May 29, 2007
Ms. Jacquelyn Milschewski
City Clerk
800 Game Farm Road
Yorkville, IL 60560
Dear Ms. Milschewski:
Enclosed is a copy of Audit Report No. 58 covering the receipt and
disbursement of Motor Fuel Tax funds by your city for the period beginning
January 1 , 2006 and ending December 31 , 2006.
PLEASE REFER TO BLR 15102 OF THE AUDIT FOR THE AUDITOR'S
COMMENTS.
This report should be presented to the Mayor and the City Council at the first
regular meeting after the receipt of this letter and then filed as a permanent
record in your office.
If you have any questions or require additional information, please contact
Deb Baxter at 815-434-8421 .
Sincerely,
George F. Ryan, P. E.
Deputy Director of Highways,
Region Two Engineer
By: Kenneth R. Lang, P. E.
District Local Roads & Streets gineer
cc: Debra Baxter, MFT Auditor
Illinois Department
of Transportation Audit Cover Sheet
Agency: CITY OF YORKVILLE
Audit for: Audit Year(s): 2006
® Motor Fuel Tax
❑ Township Bridge
❑ Special Assessment Audit Number: 58
❑ G. O . Bond Issue
❑ MFT Fund Bond Issue
Date: May 3, 2007
Page 1 of 1 BLR 15101S (Rev. 10106)
5/4/2007 5:10 PM
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Page 1 of
UNITED CITY OF YORKVILLE
MFT The Illinois Fund.
800 GAME FARM RD
YORKVILLE IL 60560 - 1133 By Phone: 1-800-947-847.
E-Mail: illinois.funds@ausbank.cor
Internet: www.illinoisfunds.cor
INFORMATION YOU .$HOULb KNOW . . "
The Investment Calculator at illinoisfunds.com can assist you in the evaluation of your term investments and to
compare yields and actual dollar income. Check it out today - Iogon to illinoisfunds.com.
In obervance of the following 2007 holidays, The Illinois Funds will be closed:
Friday, January 12 Early Close and Monday, January 15 Closed Martin Luther King Day
°pONEY. MP R$CE7
.count Number 1 .516-0000-3520
Account Summary
# Items
Beginning Balance on Dec. 1 $ 58.60
Other Deposits 2 28,352.93 Interest Paid this Year $ 65.31
Other Withdrawals 1 28,348.63- Average Daily Balance $ 973.01
Number of Days in Statement Period 3'
Ending Balance on Dec. 31 , 2006 $ 62.90
Other Deposits
Date Descrr�tionofTransaction Ref Number Amoun
Dec. 7 Electronic Deposit From State of III $ 281348.6£
REF=20063412011530 Y 1376OD2057MOTOR FUEL3000096300000DO
Rees lrkerest Pa d;: ' 2900:1105959 4:3(
Total Other Deposits $ 281352.94
Other Withdrawals
Date Description of Transaction Ref Number Amoun
Dec. 8 Electronic Withdrawal From Illinois Funds $ 28348.6:
REF=20063412011982 Y 1376002057AUTOTRSF 300009630000000 `
Total Other Withdrawals $ 28,348.6:
Balance Summary
Date Ending_Balance ( Date Ending Balance I Date Ending Balance
ec. 7 28,407.23 Dec. 8 58.60 Dec. 29 62.90
Balances only appear for days reflecting change.
0D1483
STATEMENT OF ACCOUNT
LAST STATEMENT_ NOVEMBER 30 2006
CASTLE BANK THIS S A M C =2=F
TO A STA M 0 1 :7 COUNT Numan
PAGEGE1uMOF 1 0080513239
DIRECT INQUIRIES TO :
1 -800 -990 - 5713
CASTLE BANK
CITY OF YORKVILLE 141 W LINCOLN HWY
MFT ACCOUNT DEKALB , IL 60115
800 GAME FARM RD
YORKVILLE IL 60560
K. r $� n Sf N :T'tt
ry •�av ss,.. « .25:0 55wRu4 ,f K
ACCOUNT NUMBER ENDING BALANCE
PUBLIC FUNDS NOW ACCOUNT 0080513239 $420 , 410 . 29
Ma.
ACCOUNT NUMBER BEGINNING BALANCE $407 , 401 . 21
0080513239 LOW BALANCE $406 , 465 . 12
AVG COLLECTED BALANCE $420 , 927 . 00
5 ENCLOSURES INTEREST PAID YEAR TO DATE $22 , 520 . 44
TOTAL ADDITIONS $30 , 200 . 48
TOTAL SUBTRACTIONS $- 177191 . 40
NUMBER DATE AMOUNT NUMBER DATE AMOUNT
5246 12- 04 556 . 01 5249 12- 15 2 , 888 . 97
5247 12- 06 380 . 08 5250 12- 21 217 . 35
5248 12- 18 13 , 148 . 99
DATE DESCRIPTION ADDITIONS SUBTRACTIONS
12- 08 #PREAUTHORIZED CREDIT 28 , 348 . 63
Illinois Funds AUTOTRSF
MOTOR FUEL
12-31 # INTEREST CREDIT 1 , 851 . 85
DAILY BALANCES
DATE AMOUNT DATE AMOUNT DATE AMOUNT
11-30 407 ; 401 . 21 12-08 434 , 813 . 75 12-21 418 , 558 . 44
12-04 406 , 845 . 20 12- 15 431 , 924 . 78 12- 31 420 , 410 . 29
12- 06 406 , 465 . 12 12- 18 418 , 775 . 79
L=j FDIC,
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Reviewed By: Agenda Item Number
awn Legal ❑ ADM # 1
esr. Finance
leas ❑
Engineer El Tracking Number
40 City Administrator ❑
ON ®�O Consultant ❑ CC 2007- 12
<CE rv�' ❑
i
I
City Council Agenda Item Summary Memo
Title: Ordinance Amending City Code to Remove City Attorney Stipend
City Council / Committee of the Whole Date: CC 6/12/07
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE No. 2007-
ORDINANCE AMENDING CITY CODE TITLE 1 — ADMINISTRATION,
SECTION 1-6-5-C
REMOVING CITY ATTORNEY STIPEND
Whereas the United City of Yorkville has taken up, discussed and considered
amending the City Code Title 1 , Section 1-6-5-C (enacted by Ordinance 1975-2,
amended by 1994 code and Ordinance 2006-29), and specifically to remove the City
Attorney Stipend contained in paragraph C of section 1 -6-5, and
Whereas the Mayor and City Council have discussed that it may be prudent to
amend Title 1 -- Administration, Chapter 6 — Municipal Officers and Employees by
deleting Section 1 -6-5-C as depicted on the attached Exhibit "A".
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a
majority of those so voting, that Title 1 -- Administration, Chapter 6 — Municipal Officers
and Employees of the City Code of the United City of Yorkville is hereby amended by
deleting Section 1 -6-5-C as depicted on the attached Exhibit "A".
This Ordinance shall be effective upon its passage.
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALTER WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this Day of A.D. 2007.
ATTEST:
CITY CLERK
EXHIBIT "Al
AMENDMENT TO SECTION 1 -6-5-C
REMOVING CITY ATTORNEY STIPEND
Section 1 -6-5 (Salaries) shall be amended by deleting section C in its' entirety:
C. City Attorney: Effective May 1 , 1975, the city attorney shall receive an annual
salary in the amount of nine thousand five hundred dollars ($9,500.00). A
qualification for the office of city attorney shall be that of specializing in
municipal law.