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City Council Packet 2006 12-12-06 Co. United City of Yorkville " 800 Game Farm Road �Ar EST Z 1 1886 Yorkville, Illinois 60560 Telephone: 630-553-4350 � 1 = ~ o� Fax: 630-553-7575 �<i E AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised 12111106 Tuesday, December 12, 2006 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, December 19, 2006 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, December 19, 2006 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, January 2, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, January 2, 2007 City Hall Conference Room Presentations: None City Council Meeting Agenda December 12, 2006 Page 2 Public Hearings: 1. Silver Fox Special Service Area 2006-114 2. Evergreen Farm Special Service Area 2006-115 3. Aspen Ridge Special Service Area 2006-116 4. Chally Special Service Area 2006-117 5. Yorkwood Estates Special Service Area 2006-118 Citizen Comments: Consent Agenda: 1. PS 2006-47 Police Reports for November 2006 2. ADM 2006-88 Monthly Treasurer's Report for October 2006 3. ADM 2006-90 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-100 (Raintree Village Project) and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute 4. ADM 2006-91 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-101 (Windett Ridge Project) and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute 5. ADM 2006-92 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-104 Central Grande Reserve and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute 6. ADM 2006-93 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-106 Total Grande Rcscrvc-authorize Mayor and City Clerk to execute 7. ADM 2006-94 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-107 (Raintree Village II Project) - authorize Mayor and City Clerk to execute 8. ADM 2006-95 An Ordinance of the United City of Yorkville, Kendall County, Illinois, authorizing, directing, and certifying a supplemental levy to the County Clerk of The County of Kendall, Illinois, to pay the principal of and interest on certain bonds of the City for which taxes were levied but not extended -authorize Mayor and City Clerk to execute 9. ADM 2006-96 Wolf& Co. Engagement Letter- approve agreement as presented 10. ADM 2006-97 Azavar Agreement- approve agreement as presented 11. ADM 2006-99 Resolution Approving a Check Replacement Policy- authorize Mayor and City Clerk to execute 12. COW 2006-11 IDOT Highway Permit and Resolution—Kendall Marketplace - authorize Mayor and City Clerk to execute 13. COW 2006-12 Kendall Marketplace Bond Council Engagement Letter- approve agreement with Foley & Lardner, LLP as presented and authorize Mayor and City Clerk to execute City Council Meeting Agenda December 12, 2006 Page 3 Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—August 8, 2006 and September 26,2006 Minutes of Committee of the Whole—November 21, 2006 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,931,833.33 (vendors) $ 207,255.68 (payroll period ending 11/25/06) $ 2,139,089.01 (total) Reports: Mayor's Report: 1. Coffee with the Mayor: December 16`h at Cellular Connection, 288 E. Veteran's Parkway from 10:00 a.m. until Noon 2. Proclamation for Drunk and Drugged Driving Prevention Month 3. CC 2006-05 Beecher Building Roof Repairs 4. COW 2006-13 Kendall Marketplace Business District a. An Ordinance Designating United City of Yorkville Kendall Marketplace Business District and Imposing a Retailers' Occupation Tax and Service Occupation Tax Therein b. An Ordinance Providing for the Issuance of United City of Yorkville, Kendall County, Illinois Business District Revenue Bonds, Series 2007 (Storm Water/Water Improvement Project) City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's R ort: City Administrator's Report: Finance Director's Report: Director of Public Works Re ort: Chief of Police Repo : Director of Parks &Recreation Report: Community Development Director Report: Community Relations Manager: Community& Liaison Report: City Council Meeting Agenda December 12, 2006 Page 4 Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. PS 2006-45 Resolution Authorizing an Advisory Question of Public Policy Overnight Parking Ban Administration Committee Report: 1. ADM 2006-89 Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2007 and Ending April 30, 2008 2. ADM 2006-98 NIMEC Agreement Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES PUBLIC WORKS, Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ;ECONOMIC DEVELOPMEN ----------------------------=,__--------------------- Committee Departments Liaisons Chairman: Alderman Munns Planning&Building &Zoning Chamber of Commerce Committee: Alder-woman Burd Business &Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development City Council Meeting Agenda December 12, 2006 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) (PUBLIC SAFETY(, Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock - -1 !ADMINISTRATION) Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock . ,� 'i° United City of Yorkville :,. -„ 800 Game Farm Road 4 E41"14; :�' � ss Yorkville, Illinois 60560 { - Telephone: 630-553-4350 t =2 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, December 12, 2006 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, December 19, 2006 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, December 19, 2006 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, January 2, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, January 2, 2007 City Hall Conference Room Presentations: None City Council Meeting Agenda December 12, 2006 Page 2 Public Hearings: 1. Silver Fox Special Service Area 2006-114 2. Evergreen Farm Special Service Area 2006-115 3. Aspen Ridge Special Service Area 2006-116 4. Chally Special Service Area 2006-117 5. Yorkwood Estates Special Service Area 2006-118 Citizen Comments: Consent Agenda: 1. PS 2006-47 Police Reports for November 2006 2. ADM 2006-88 Monthly Treasurer's Report for October 2006 3. ADM 2006-90 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-100 (Raintree Village Project) and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute 4. ADM 2006-91 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-101 (Windett Ridge Project) and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute 5. ADM 2006-92 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-104 Central Grande Reserve and Approving the Amended Special Tax Roll - authorize Mayor and City Clerk to execute 6. ADM 2006-93 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-106 Total Grande Reserve - authorize Mayor and City Clerk to execute 7. ADM 2006-94 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-107 (Raintree Village II Project) -authorize Mayor and City Clerk to execute 8. ADM 2006-95 An Ordinance of the United City of Yorkville, Kendall County, Illinois, authorizing, directing, and certifying a supplemental levy to the County Clerk of The County of Kendall, Illinois, to pay the principal of and interest on certain bonds of the City for which taxes were levied but not extended - authorize Mayor and City Clerk to execute 9. ADM 2006-96 Wolf& Co. Engagement Letter - approve agreement as presented 10. ADM 2006-97 Azavar Agreement -approve agreement as presented 11. ADM 2006-99 Resolution Approving a Check Replacement Policy-authorize Mayor and City Clerk to execute 12. COW 2006-11 IDOT Highway Permit and Resolution—Kendall Marketplace - authorize Mayor and City Clerk to execute 13. COW 2006-12 Kendall Marketplace Bond Council Engagement Letter - approve agreement with Foley & Lardner, LLP as presented and authorize Mayor and City Clerk to execute City Council Meeting Agenda December 12, 2006 Page 3 Plan Commission/ Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—August 8, 2006 Minutes of Committee of the Whole—November 21, 2006 Bill payments for approval from the current BM List (Corrections and Additions): Checks total these amounts: $ 1,931,833.33 (vendors) $ 207,255.68 (payroll period ending 11/25/06) $ 2,139,089.01 (total) Reports: Mayor's Report: 1. Coffee with the Mayor: December 16th at Cellular Connection, 288 E. Veteran's Parkway from 10:00 a.m. until Noon 2. Proclamation for Drunk and Drugged Driving Prevention Month 3. CC 2006-05 Beecher Building Roof Repairs 4. COW 2006-13 Kendall Marketplace Business District a. An Ordinance Designating United City of Yorkville Kendall Marketplace Business District and Imposing a Retailers' Occupation Tax and Service Occupation Tax Therein b. An Ordinance Providing for the Issuance of United City of Yorkville, Kendall County, Illinois Business District Revenue Bonds, Series 2007 (Storm Water/Water Improvement Project) City Council Report: City Attorney's Report: City Clerk's Report: 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 Manager: Community & Liaison Report: City Council Meeting Agenda December 12, 2006 Page 4 Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. PS 2006-45 Resolution Authorizing an Advisory Question of Public Policy Overnight Parking Ban Administration Committee Report: 1. ADM 2006-89 Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2007 and Ending April 30, 2008 2. ADM 2006-98 NIMEC Agreement Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES PUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ECONOMIC DEVELOPMENT; Committee Departments Liaisons Chairman: Alderman Munns Planning& Building &Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development City Council Meeting Agenda December 12, 2006 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock 'ADMINISTRATION] Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock plue)uc, AACI OS 1-is FOLEY ATTORNEYS AT LAW 321 NORTH CLARK STREET,SUITE 2800 CHICAGO,IL 60610-4764 FOLEY & LARDNER LLP 312.832.4500 TEL 312.832.4700 FAX www.foley.com WRITER'S DIRECT LINE 312.832.4515 December 11, 2006 cknlght@foley.com EMAIL CLIENTIMATTER NUMBER 026079-0113 VLa E-MML John Wyeth, Esq. United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Silver Fox Special Service Area 2006-114 Evergreen Farm Special Service Area 2006-115 Aspen Ridge Special Service Area 2006-116 Chally Farm Special Service Area 2006-117 Yorkwood Estates Special Service Area 2006-118 Dear John: We understand that the United City of Yorkville (the "fit '} caused notice of public hearings with respect to the establishment of the referenced Special Service Areas to be published in advance of consideration of the related proposing ordinances, which were not adopted as anticipated. You have now asked what steps the City should take with respect to the public hearings. In view of the fact that the public hearings were not authorized pursuant to proposing ordinances, the City Council should simply announce at the time set for the public hearings that no public hearings will be held at such time and that public hearings, if any, will be held in the future pursuant to authorization by the City Council. Very truly yours, Christopher N. Knight CNK:slm cc: Ms. Lisa Pickering BOSTON LOS ANGELES SACRAMENTO TALLAHASSEE BRUSSELS MADISON SAN DIEGO TAMPA CHICAGO MILWAUKEE SAN OIEGOIDEL MAR TOKYO DETROIT NEW YORK SAN FRANCISCO WASHINGTON,D.C. JACKSONVILLE ORLANDO SILICON VALLEY CH 12_658854.1 C'A ` - `,�� Reviewed By: 0.1% Legal r-1 City Council r � y$36 Finance ❑ EST 1836 ❑ Agenda Item Tracking Number City Administrator ❑ � �• O El ❑ <LE City Council Agenda Item Summary Memo Title: Abate the United City of Yorkville Special Service Area 2003-100 City Council/ Committee of the Whole Date: City Council 12/12/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Vote Submitted by: Susan Mika Finance Name Department Agenda Item Notes: ORDINANCE NO. ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2003-100 (RAINTREE VILLAGE PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), as follows: (a) The City Council of the City adopted Ordinance No. 2003-55 on August 12, 2003 (the "Bond Ordinance") which: (i) provided for the issuance of $7,150,000 of Special Service Area Number 2003-100 Special Tax Bonds, Series 2003 (Raintree Village Project) (the "Bonds"), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2003-100 (the "Special Service Area"); and (ii) provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Tax Roll and Report for the Special Service Area (the "Special Tax Roll") prepared by David Taussig & Associates, Inc. (the"Consultant"). (b) Pursuant to the Special Tax Roll, the Consultant of the City has determined that the Special Tax Requirement for 2006 for the Bonds is $488,490.36 and CHI2_656176.1 the 2006 Levy for Special Taxes is $488,490.36 (which complies with the Kendall County tax billing requirement of rounding the per parcel special tax up to the nearest even cent on single family property). Section 2. Of the $588,072.00 of Special Taxes levied for calendar year 2006 pursuant to Section 6 of the Bond Ordinance $99,581.64 of such Special Taxes is hereby abated resulting in a 2006 calendar year levy of$488,490.36. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2003-100 Amended Special Tax Roll and Explanation of the Methodology to Amend the Special Tax Roll for calendar year 2006 prepared by David Taussig & Associates, Inc. for the Special Service Area dated Novembcr 30, 2006 with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City CIerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 CH 12_658176.1 PASSED by the City Council of the City this December_, 2006. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent (list names): City Clerk SIGNED by the Mayor this December , 2006. Mayor ATTEST: City Clerk Published in pamphlet form December_, 2006. 3 CHI2_656176.1 `,� D Cl;p.` Reviewed By: 'ZO`� r Legal ❑ City Council EST. 1 � 1936 Finance ❑ � �~ Engineer ❑ _ City Administrator ❑ Agenda Item Tracking Number O� =O Consultant ❑ 7 �-} Krnaw Cwnry ��LE ��,r• ❑ City Council Agenda Item Summary Memo Title: Abate the United City of Yorkville Special Service Area 2003-101 City Council/ Committee of the Whole Date: City Council 12/12/05 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Vote Submitted by: Susan Mika Finance Name Department Agenda Item Notes: ORDINANCE NO. ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2003-101 (WINDETT RIDGE PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City'), as follows: (a) The City Council of the City adopted Ordinance No. 2003-57 on August 12, 2003 (the "Bond Ordinance") which: (i) provided for the issuance of $6,900,000 of Special Service Area Number 2003-101 Special Tax Bonds, Series 2003 (Windett Ridge Project) (the "Bonds"), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2003-101 (the "Special Service Areal"); and (ii) provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Tax Roll and Report for the Special Service Area(the "Sl2ecial Tax Roll"). (b) Pursuant to the Special Tax Roll, the Consultant of the City has determined (i) that the Special Tax Requirement for 2006 for the Bonds is $483,737.32 and the 2006 Levy for Special Taxes is $483,737.32 (which complies with the Kendall CH12_658200.1 County tax billing requirement of rounding the per parcel special tax up to the nearest even cent on single family property). Section 2. Of the $563,695.00 of Special Taxes levied for calendar year 2006 pursuant to Section 6 of the Bond Ordinance $79,957.68 of such Special Taxes is hereby abated resulting in a 2006 calendar year levy of$483,737.32. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2003-101 Amended Special Tax Roll and Explanation of the Methodology to Amend the Special Tax Roll for Calendar Year 2006 prepared by David Taussig & Associates, Inc. for the Special Service Area dated November 30, 2006 with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 GH12_658200.1 PASSED by the City Council of the City this December_, 2006. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent (list names): City Clerk SIGNED by the Mayor this December 2006. Mayor ATTEST: City Clerk Published in pamphlet form December_, 2006. 3 CHI2_556200.1 C- 5 Reviewed By: J� a Legal ❑ City Council EST. 1636 Finance ❑ Engineer ❑ Agenda Item Tracking Number o C � � � City Administrator ❑ , Consultant ❑ <L E tiv� City Council Agenda Item Summary Memo Title: Abate the United City of Yorkville Special Service Area 2004-104 City Council/Committee of the Whole Date: City Council 12/12/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Vote Submitted by: Susan Mika Finance Name Department Agenda Item Notes: Ordinance No. ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2004-104 CENTRAL GRANDE RESERVE AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), as follows: (a) The City Council of the City adopted Ordinance No. 2004-61 on October 26, 2004 (the "Bond Ordinance") which: (i) provided for the issuance of Special Service Area Number 2004-104 Central Grande Reserve Special Tax Bonds, Series 2004 (MPI Grande Reserve Project) (the "Bonds"), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2004-104 Central Grande Reserve (the "Special Service Area"); and (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2004-104 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig & Associates, Inc. (the `'Consultant"). CH12 657573.1 (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2006 for the Bonds is $945,109.86 and the 2006 Levy for Special Taxes is $945,109.86. Section 2. Of the $2,369,078 of Special Taxes levied for calendar year 2006 pursuant to Section 6 of the Bond Ordinance $1,423,968.14 of such Special Tax is hereby abated resulting in a 2006 calendar year levy of$945,109.86. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2004-104 Amended Special Tax Roll and Explanation of the Methodology to Amend the Special Tax Roll for Calendar Year 2006 prepared by David Taussig & Associates, Inc. for the Special Service Area dated November 30, 2006 with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 CFR2_657573.1 PASSED by the City Council of the City this December_, 2006. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent (list names): City Clerk SIGNED by the Mayor this December T, 2006. Mayor ATTEST: City Clerk Published in pamphlet form December_, 2006. 3 CHI2_657573.1 `A CITE Reviewed By: J� � Legal ❑ City Council Finance ❑ EST, . 1836 Engineer ❑ A enda Item Tracking Number 0 L W � O City Administrator L1 O Consultant ❑ Vj City Council Agenda Item Summary Memo Title: Abate the United City of Yorkville Special Service Area 2004-106 City Council 1 Committee of the Whole Date: City Council 12/12/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Vote Submitted by: Susan Mika Finance Name Department Agenda Item Notes: Ordinance No. ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2404-106 TOTAL GRANDE RESERVE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), as follows: (a) The City Council of the City adopted Ordinance No. 2004-33 on .Tune 22, 2004 (the "Bond Ordinance") which: (i)provided for the issuance of Special Service Area Number 2004-106 Total Grande Reserve Variable Rate Demand Special Tax Bonds, Series 2004 (MPI Grande Reserve Project) (the "Bonds") of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area; and (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of and interest on the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest on the Bonds and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance for collection by the County Clerk of Kendall County to the extent procedures are in place for the City to levy, bill and collect the Special Tax directly or through the Consultant of the City. (b) The City hereby determines that procedures are in place for the City to provide for the direct levying, billing and collecting of the Special Taxes. Accordingly, the projected Special Tax Requirement for the Bonds which is to be levied and collected by the County is $0. The projected Special Tax Requirement for the Bonds which is to be levied, billed GH12_657603.2 and collected by the City is $386,994, all as set forth in the memo of the Consultant delivered to the City and attached hereto. As set forth in such memo, the City will bill and collect such Special Taxes on a monthly basis, as needed, to pay debt service due on the Bonds, letter of credit and remarketing fees and administrative expenses. Section 2. Of the $2,000,000 of Special Taxes levied for calendar year 2006 pursuant to Section 6 of the Bond Ordinance $2,000,000 of such Special Tax is hereby abated resulting in a 2006 calendar year levy of$0. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes for levy year 2006 as provided in Section 2 of this Ordinance. Section 4. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 CHI2_657603.2 PASSED by the City Council of the City this December_, 2006. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent (list names): City Clerk SIGNED by the Mayor this December 2006. Mayor ATTEST: City Clerk Published in pamphlet form December 2006. 3 C H 12_657603.2 CA Reviewed By: O� Le al ❑ City Council 4 g EST. v� � .' 4636 Finance ❑ Engineer ❑ City Administrator ❑ Agenda Item Tracking Number O� L O Consultant ❑ <E w� City Council Agenda Item Summary Memo Title: Abate the United City of Yorkville Special Service Area 2004-107 City Council I Committee of the Whole Dates City Council 12/12/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Vote Submitted by: Susan Mika Finance Name Department Agenda Item Notes: ORDINANCE NO. ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2004-107 (RAINTREE VILLAGE II PROJECT) BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City'), as follows: (a) The City Council of the City adopted Ordinance No. 2005-91 on November 22, 2005 (the "Bond Ordinance") which: (i) provided for the issuance of not to exceed $10,000,000 of Special Service Area Number 2004-107 Special Tax Bonds, Series 2005 (Raintree Village II Project) (the "Bonds"), of the United City of Yorkville, which were issued in the original principal amount of $9,400,000 for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2004-107 (the "Special Service Area"); and (ii) provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2004-107 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig& Associates, Inc. (the "Consultant"). (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2006 for the Bonds is $0 and the 2006 CH12_658164.2 Levy for Special Taxes is $0 as there is sufficient investment income and capitalized interest on deposit in the Bond Fund securing the Bonds and available to pay the debt service owed on the Bonds through March 1, 2008. Section 2. Of the $684,910 of Special Taxes levied for calendar year 2006 pursuant to Section 6 of the Bond Ordinance $684,910 of such Special Taxes is hereby abated resulting in a 2006 calendar year levy of$0. Section 3. It is the duty of the County Clerk. of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in fall force and effect after passage and publication as provided by law. 2 CH12 658164.2 PASSED by the City Council of the City this December_, 2006. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent (list names): City Clerk SIGNED by the Mayor this December 2006. Mayor ATTEST: City Clerk Published in pamphlet form December 2006. 3 CH 12_6589 84.2 C4 —C 0 Reviewed By: T Legal ❑ City Council EST Finance ❑ r. Engineer ❑ -< �, City Administrator ❑ Agenda Item Tracking Number O� L Consultant ❑ >rti'� �, J•c �G �L�<L E 1�' F1 City Council Agenda Item Summary Memo Title: Wolf& Co. Engagement Letter City Council/Committee of the Whole Date: City Council 12/12/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Vote Submitted by: Susan Mika Finance Name Department Agenda Item Notes: Wolf Company LLP A WolF Financial Group I4lem6er November 15,2006 Sue Mika City of Yorkville 800 Game Farm Road Yorkville,IL 60560 RE: Wolf&Company LLP Services Dear Sue: We are pleased to present this proposal to provide professional services to the City of Yorkville. This proposal will serve to explain the qualifications of our Firm and our commitment to providing you with the best in accounting and consulting services. In reviewing your needs and circumstances, it appears that several factors make us especially qualified to serve your needs. We believe these include the following: • We have extensive experience serving small and medium governmental entities. Our clientele is comprised of many public sector entities similar to yours in size. • Our audit people are both highly motivated and highly skilled in dealing with the unique needs of the public entity sector. Our focus is not only providing timely services, but also on providing value added recommendations as needed • We have experience as business people as well as accountants. You can expect us to understand the entrepreneur's point of view. • We are a service organization. We understand the continuing obligation we have to earn your patronage through responsive service and constant attention to your business'needs. We propose to render the following services. 1. We will prepare from information you provide, the monthly bank reconciliations of the City of Yorkville for the year ended April 30,2006, Our engagement cannot be relied upon to disclose errors, irregularities or illegal acts, including fraud or defalcations that may exist. However,we will inform you of any such matters that come to our attention. Fees for our services are based on our standard hourly rates,all of which will be billed as our work progresses. Our fees to render the services described above will be $115 per hour, not to exceed 120 hours. Should we encounter conditions which indicate the need For excessive time, we will promptly advise you so that such conditions may be corrected or our anticipated fees may require adjustment because of the condition encountered. 21OD Clearwater Drive • Oak Brook, Illinois 60523-1927 630.545.4500,rrobt j 63D.574.7818 fa - ww•w.wolFcpa.com The City of Yorkville. Page 2 Enclosed for your reference are the Firm Information/Profile and Firm Data Sheet References are available upon your request. To signify agreement with out understanding of the engagement,please sign and date one copy of the letter in the space provided and return it to me in the enclosed envelope. The duplicate of the letter is for your records. If you have any questions regarding the proposal, please do not hesitate to contact me or hfike Senko - mike.senkQQx%nlfco-fs,c=or by phone at 630-545-4529. 1 look forward to working with you and I appreciate the opportunity to be of service. Very truly yours, drtm D4L� John Deland Partner MCS/akw Enclosures APPROVAL: The foregoing letter sets forth our understanding of your engagement to render services to the City of Yorkville. You am hereby authorized to proceed with the services described. Date By Title NA/r Firm Information/Profile GENERAL BACKGROUND AND INFORMATION Wolf & Company LLP is one of the largest local area CPA firms in metropolitan Chicago. Our clientele is primarily privately-held (family-owned) businesses. We have more than 1,800 current, active clients in a variety of industries. Thete are presently 110 professionals and support personnel in our Oak Brook offices offering a full range of accounting, tax and consulting services to our clients. The firm has nineteen partnets and each client is assigned a partner as their primary contact for an engagement,with specific industry experience to match that respective client. FIRM PHILOSOPHY The partners and staff of Wolf & Company LLP are committed to providing personalized service and advice to their clients. Because of our ability to offer a complete and fuIl range of accounting, tax and consulting services, we can assist our clients in identifying specific needs for their situation and of ensuring that they receive expert support regardless of the engagement or assignment. Over the years, we have expanded and refined our services to guarantee that every possible financial and management issue can be addressed by our talented and experienced staff. We offer traditional accounting, audit and tax services and have available the resources and experience to provide non-traditional services. We believe in a team approach to guarantee that the best talent is available for a client's specific needs. Every client has a designated "team" for their account, and the partner assigned to lead the team will make certain that the situation is reviewed constantly to ensure that clients are getting the most out of the relationship with our firm. A final tenet of our philosophy consists of our commitment to industry specialization. The partners and staff of Wolf & Company LLP have developed areas of expertise based on specific industries that we service. This commitment allows us to truly understand and react to the unique situations that exist by industry. It enables us to offer our services based on the characteristics of a particular industry with the knowledge that we have experience in this specialized area. More than anything else,it ensures that clients will be working with dedicated and knowledgeable professionals that already understand what is unique about this industry. Firm Information/Profile (continued) 0RGANrzA77ONAL CHART OF SERVICES • TAX SERVICES -Individual -Corporate -Estate Planning -Retirement Planning -Succession Planning • AUDIT AND ACCOUNTING SERVICES(INCLUDING LARGE GOVERNNWNTALPILArnCES) -Audit Work -Accounting and Bookkeeping Services -Payroll Accounting -Loan Preparation and Review • NLAN 9GENIENTADVISORY SERVICES -Management and Marketing Consulting -Internal Operations Reviews -Profit Improvement Workshops • NLANAGENIENT INFORMATION SYSrE&IS -I hardware and Software Audits -Education and Training -Systems Reviews -Application Design and Support • LmG.k nON SUPPORT SERVICES • TURNAROUND MANAGEMENT SERVICES • WOLF CAPITAL CORPORATION -Mergers&Acquisitions -Corporate Finance -Business Valuations • WOLF INVES'IMENT SERVICES -Investment Advice -Investment Management -Financial Planning -Plan Administration Firm Data Sheet PERS NNEL BY SERVICE AREA Auditing and Accounting Tax Consulting Administrative Services Services Services Services Total Partners and Principals 13 4 1 1 19 Directors 4 1 5 Managers 10 4 2 2 18 Senior Accountants 20 2 22 Staff Accountants 21 3 1 25 Other 2 2 2 15 21 Total Firm 66 15 9 20 110 Illinois Public Accountant Registration Number 066-003263 1,1E Ty Reviewed By: �- .0 Legal ❑ City Council EST. � � 1836 Finance ❑ Engineer ❑ 4 L �.,� ` City Administrator ❑ Agenda Item Tracking Number ;P �� =O Consultant ❑ "1 CE \ � El City Council Agenda Item Summary Memo Title: Check Replacement Policy City Council/Committee of the Whole Date: City Council 12/12/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Vote Submitted by: Susan Mika Finance Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING A CHECK REPLACEMENT POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning a check replacement policy, 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 check replacement 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 Check Replacement 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. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER 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. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Check Replacement Policy The purpose of this policy is to define the procedures for the replacement of vendor checks and employee payroll checks that are lost or stolen. I. Vendor Check Replacement Any check that a vendor claims to be lost or stolen must be reported to the Finance department immediately. The vendor must submit a letter requesting a replacement check. Once the letter is received by Finance, a stop payment will be placed on the check. The bank generally requires at least a 72 hour waiting period to determine if the check was cashed. If it has been determined that the check was cashed, the City must make a determination if the vendor cashed the check or if it was cashed fraudulently. The Finance department must follow procedures to follow up if the check was cashed fraudulently. Once a full investigation is completed in reference to a vendor check, the Finance department will reissue a new check to the vendor within 60 days after a claim is filed. II. Employee Payroll Check Replacement An employee must notify the Human Resources division immediately of a lost or stolen payroll check. The employee must submit a letter requesting a replacement check. A stop payment will be issued on the check in question and an investigation will proceed. The bank generally requires at least a 72 hour waiting period to determine if the check was cashed. If it has been determined that the check was cashed, the City must make a determination if the employee cashed the check or if it was cashed fraudulently. The Finance department must follow procedures to follow up if the check was cashed fraudulently. The employee will be issued a replacement pay check the next payroll cycle. The maximum length of time an employee would have to wait for a replacement check is 13 days. At this point, the employee would be encouraged to sign up for direct deposit to avoid this situation from occurring again. There can be an exception for first time offenders. 2 MINUTES OF THE REGULAR MEETING OF TBE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN HELD IN THE CITY COUNCIL CIIAMBE1i5 DRAFT 800 GAME FARM ROAD ON TUESDAY,AUGUST 8,2006. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance, ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Absent Ward 11 Burd Present Wolfer Present(via telephone until 9:45) 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 Administrator Crois,Assistant City Administrator Olson,Police Chief Martin,Director of Public Works Dhuse,Community Development Director Miller,Director of Paris&Recreation Mogle, and Public Relations Manager Spies. UO ORUM 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 Alderman Munns asked that two items under the Economic Development Committee Report,the Kendall Marketplace Development Agreement and the Matlock Property Annexation,be removed from the agenda and postponed until the August 22,2006 City Council meeting. COMM=E MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,August 15,2006 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M.,Tuesday,August 15,2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,September 5,2006 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M.,Tuesday,September 5,2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced Canine Officer Jumbo Remembered Mayor Prochaska reported that United City of Yorkville Canine Officer Jumbo passed away unexpectedly on August 7,2006. He read a press release memorializing Jumbo and extolling his work in the community. Mayor Prochaska extended his condolences to Officer Dan Pleckham and his family. He noted that Officer Pleckham lost a good partner and a member of his family with Jumbo's passing. He noted that Officer Pleckham had put together a collage of photos and news articles outlining Jumbo's career and life which was on display in the foyer of City Hall. PRESENTATIONS Certificates of Recognition for Eagle Scout Awards Mayor Prochaska presented Michel DiGiovanna and Kyle Rorie with Certificates of Recognition of Achievement for having successfully earned the rank of Boy Scout of America Eagle Scout. The Minutes of the Regular Meeting of the City Council—August 8,2046—page 2 He noted that only 2%of Boy Scouts ever become Eagle Scouts and he also thanked the boy's parents for their motivation and assistance in helping them reach this rank. Yorkville Moose Lodge 2371—Defibrillator Members of Yorkville Moose Lodge 2371 presented Chief Martin with a defibrillator for use by the Police Department. Chief Martin thanked the Lodge for their generous donation and their dedication to the community. PUBLIC HEARINGS Cannonball,LLC,Harlem-Irving Companies and Cooper Home Furnishings (PC 2006-34) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Cannonball,LLC,Harlem-Irving Companies and Cooper Home Furnishings,petitioners,request to rezone from United City of Yorkville A-1 Agricultural District to PUT)zoning to allow uses permitted in the B-3 Service Business District,R-1 One Family Residence District and R-3 General Residence District and for hearing as to the Preliminary PUD Plan of Petitioner. The real property consists of approximately 193 acres located on the northwest comer of Route 34 and Cannonball Trail,Kendall County,Illinois. So moved by Alderman Besco;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Munns;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Donald E.Schramm and Standard Bank&Trust (PC 2005-44) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Donald E.Schramm and Standard Bank&Trust,as Trustee under a certain agreement dated April 1,2004 and known as Trust#18130,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural District to United City of Yorkville Planned Unit Development zoning to allow uses permitted in the commercial,office and residential districts,and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 182.25 acres at 9338 Bypass 30,Bristol Township,Kendall County,Illinois. So moved by Alderman Munns;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Ocean-Atlantic—Chicago,LLC,and Rosenwinkel (PC 200643) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Ocean-Atlantic—Chicago,LLC,Michael and Tamara Rosenwinkel,Howard and Rebecca Rosenwinkel,Timothy and Mark Rosenwinkel,John Rosenwinkel,estate of Angeline Schultz by Rosemary Svanovick and Fred Schultz,estate of Mildred Hankes by Lawrence Hankes and Rita Rios,Katherine Schultz,Feltes Sand and Gravel Co.an Illinois corporation,Nelson Land Company,an Illinois Corporation and Larry Willis and Gary L.Bennett and Betty Bennett, petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development zoning to allow uses permitted in the R-2 One-Family Residence,R4 General Residence and B-3 Service Business districts and for hearing as to the Annexation Agreement of Petitioner. The real property consists The Minutes of the Regular Meeting of the City Council—August 8.2006—Page 3 of approximately 748.64 acres directly west of Route 47,south of Galena Road and north of Corneils Road,Yorkville,Kendall County,Illinois. So moved by Alderman Bock;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public bearing. So moved by Alderman Besco;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye CITIZEN COMMENTS None. CONSENT AGEND 1. Monthly Treasurer's Report for May 2006(ADM 2006-43) 2. Police Reports for June 2006(PS 2006-30) 3. Building Permit Report for June 2006(EDC 2006-17) 4. Ordinance 2006-66 -Rezoning Prairie Point-authorize the Mayor and City Clerk to execute(EDC 2006-50) 5. intergovernmental Agreement between the County of Kendall,Kendall County Public Building Commission and the United City of Yorkville(Beecher Road Right of Way)- authorize the Mayor and City Clerk to execute(EDC 2006-18) 6. Ordinance 2006-67—Amending Title 10--Zoning-authorize the Mayor and City Clerk to execute(EDC 2006-14) 7. Purchase of Three Squad Cars—approve purchase of three Ford Crown Victoria squad cars in an amount not to exceed$56,859.00 of which$37,582.00 will be funded from the vehicles line item#10-000-75-00-7005 and$19,277.00 will be subsidized from reserve fund lint item#20-000-78-00-9009(PS 2006-33) S. Private Street Name—approve the name "Tommy Hughes Way"for the private alley at the south Shell station (PS 2006-34) 9. Monthly Treasurer's Report for June 2006(ADM 2006-48) 10. Ordinance 2006-68—Amending Ordinance 2000-11 Regarding School Transition Fees- authorize the Mayor and City Clerk to execute(ADM 2006-51) 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 Wolfer-aye,James-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Alderman Munns was not present during the vote. PLANNING COTdAUSSIONIZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings of April 11,2006 and June 13,2006 and the Committee of the Whole meeting of June 20,2006; seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 26,2006 totaling the following amounts:checks in the amount of $1,455,468.29(vendors);$199,860.93(payroll period ending 7122106);for a total of $1,655,329.22;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye TheAlinutes of the Regular Meeting of the City Council—August 8.2006—aaee 4 REPORTS MAYOR'S REPORT Appointment of Kelly Sedgewick to Park Board Mayor Prochaska reported that he was appointing Kelly Sedgewick to the Park Board to replace Tammy Smock who has resigned. His tern will run until April 2008. Mayor Prochaska entertained a motion to approve the appointment. So moved by Alderman Wolfer,seconded by Alderman James. Alderman Besco noted that it has been requested in the past that those being appointed to boards come in and meet the City Council members. Mayor Prochaska stated that Mr.Sedgewick has been at City Council and Park Board meetings however future appointees can be asked to present themselves tot eh City Council. Motion approved by a roll call vote, Ayes-7 Nays-0 Wolfer-eye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Raintree Village Park A—Equipment Purchase (PKBD 2006-06) Mayor Prochaska entertained a motion to approve Park Board item 2996-06,Raintree Village Park A Equipment Purchase Raintree as presented.So moved by Alderman Bock;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Sewer Backup Repair Estimate Mayor Prochaska entertained a motion to approve and direct staff to engage contractors for the clean up and restoration of the home at 1204 Game Farm Road,subject to payment of one half of the cost from insurance proceeds. Seconded by Alderman Wolfer,seconded by Alderman Bock. Alderman Munns questioned if by passing this motion was the City committing to pay for the restoration. Mayor Prochaska staled that this is committing to paying for one half of the clean up, Director Dhuse clarified that the City's share is$14,000.00. Alderman Burd noted that she thought the home was in Countryside. Mayor Prochaska stated that was his error and that he sent out a memo correcting the location of the home.The house is not within the city limits but uses City water and sewer service. Alderman Spears stated that she thought the City's cost was$11,000.00. Director Dhuse clarified that the cost for repairs is$11,000.00 however there was a ServiceMaster bill which was already approved for payment. The homeowner is also asking for the replacement of items that were ruined. Alderman Besco asked if it would be unreasonable to ask the homeowner to annex to the City. He felt that since the homeowner is using City water and sewer and the City was expending the funds they should annex. Mayor Prochaska noted that the property may not be contiguous. He suggested that a letter be sent to the homeowner asking them to consider an annexation agreement. Motion approved by a roll call vote. Ayes-4 Nays-3 James-nay,Munns-aye,Burd-nay,Spears-nay,Bock-aye,Besco-aye,Wolfer-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report CITY ADMMSTATOR'S REPORT No report. The Minutes of the Regular Meeting of the City Council—August 8 2006—Page 5 FINANCE DIRECTOR'S REPORT Administrator CT0Is reported that it was discussed at the Committee of the Whole meeting that one of the City's copy machines still has eighteen months left on its lease however it has been used extensively. Director Mika has looked into leasing a bigger copier while retaining the older one for the remaining time on the lease. Funding is available to do this and staff recommends the replacement machine. Mayor Prochaska entertained a motion to authorize the Finance Director to seek a replacement copy machine per her report as presented. So moved by Alderman Burd;seconded by Alderman Spears. Alderman Munns noted that this may be a good reason to continue the discussion of laptops for the City Council members. Administrator Crois stated that this is still a consideration and is under investigation. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS&RECREATION'S REPORT Director Mogle reported that things are gearing up for Hometown Days and that volunteers are needed. He asked those interested to contact Sue Swithin at the Recreation Department COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATJONS MANAGER'S REPORT No report. COAUKUNITY&LIAISON REPORT Alderman Burd noted that the Executive Director of the Aurora Area Convention and Visitor Bureau had surgery and she requested that the United City of Yorkville send flowers. Mayor Prochaska stated he would have the Community Relations Manager Spies look into it. COMM=E REPORTS PUBLIC WORKS COMMnTEE REPORT No report. ECO NOMIC DEVELOPMENT COMMn7EE REPORT Ordinance 2006-69 Silver Fox-Execution of Annexation Agreement (PC 2004-33) A motion was made by Alderman Munns to approve an Ordinance authorizing the execution of an Annexation Agreement with the owner/developer of a development commonly known as Silver Fox Subdivision,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review;seconded by Alderman Besco. Alderman Burd clarified that this subdivision would have an SSA and she expressed her concerns and reservations with them. She also expressed her concern with changes that were made to the agreement at the last minute which she felt were against the recently passed Governing Ordinance which states that documents have to be in their final form several days before the vote. She stated that she could not vote in favor of the Annexation Agreement. Alderman Spears asked if this item should be tabled because it was not in compliance with the Governing Ordinance. Attorney Wyeth stated that the City Council received a memo stating that the changes fell under staff comments and legal review and were not in violation of the Governing Ordinance. Tle purpose of the memo was to make the City Council aware of the changes rather than have the changes made outside of their view. The Minutes of the Regular Meetine of the City Council—Au ust S.2006—iDa2e Alderman Besco commented that the SSA Ordinance has been reviewed and improved. He stated that he was not in favor of SSAs however they have been improved enough to allow the accomplishment of goals in a reasonable manner. Mayor Prochaska stated that some of the annexations have been pending for over a year,nothing is being rushed into. He stated that the SSA is a too]to get obligations of the developers accomplished. Motion approved by a roll call vote. Ayes-6 Nays-2 Wolfer-aye,James-aye,Munns-aye,Burd-nay, Spears-nay,Bock-aye,Besco-aye,Prochaska-aye Ordinance 2006-70 Silver Fox-Annexation (PC 2004-33) A motion was made by Alderman Munns to approve an Ordinance annexing territory commonly known as Silver Fox Subdivision,as presented,in furtherance of an Annexation Agreement with the owners/developers,and authorize the Mayor and City Clerk to execute all documents subject to final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-2 Wolfer-aye,James-aye,Munns-aye,Burd-nay,Spears-nay,Bock-aye,Besco-aye Ordinance 2006-x71 Silver Fox-Rezoning (PC 2004-33) A motion was made by Alderman Munns to approve an Ordinance rezoning certain property commonly known as Silver Fox Subdivision in furtherance of an Annexation Agreement with the owners/developers,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Alderman Munns asked where the new zoning was stated and Attorney Wyeth noted that this was stated in both the annexation agreement and rezoning ordinance stated the new zoning. Motion approved by a roll call vote. Ayes-5 Nays-2 Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye,Burd-nay,Spears-nay Ordinance 2006-72 Evergreen Farms-Execution of Annexation Agreement (PC 2005-34) A motion was made by Alderman Munns to approve an Ordinance authorizing the execution of an Annexation Agreement with the ownerldeveloper of a development commonly known as Evergreen Farms,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review;seconded by Alderman Besco. Alderman Spears questioned if the developer was paying for the water and sewer study and Mayor Prochaska stated that they were. She also questioned if they were paying for the engineering for the Greenbriar Road extension and Attorney Wyeth clarified that the right-of-way acquisition for Greenbriar Road is included in the agreement however the construction of the road is not. He noted that the need for the road is clearly stated in each Annexation Agreement before the City Council this evening. Mayor Prochaska clarified that the road was not part of the SSA and the developers would have to provide the funding for it Motion approved by a roll call vote. Ayes-6 Nays-2 Wolfer-aye,James-aye,Munns-aye,Burd-nay, Spears-nay,Bock-aye,Besco-aye,Prochaska-aye Ordinance 2006-73 Evergreen Farms-Annexation (PC 2005-34) A motion was made by Alderman Munns to approve an Ordinance annexing territory commonly known as Evergreen Farms Subdivision,as presented,in furtherance of an Annexation Agreement with the owners/developers,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-2 Wolfer-aye,James-aye,Munns-aye,Burd-nay,Spears-nay,Bock-aye,Besco-aye Ordinance 200tr74 Evergreen Farms-Rezoning (PC 2005-34) A motion was made by Alderman Munns to approve an Ordinance rezoning certain property commonly known as Evergreen Farms Subdivision in furtherance of au Annexation Agreement The Minutes of the RetFularMeeting of the City Council—August 8,2006— a e 7 with the owners/developers,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-2 James-aye,Munns-aye,Burd-nay,Spears-nay,Bock-aye,Besco-aye,Wolfer-aye Ordinance 2006-75 Aspen Ridge-Execution of Annexation Agreement (PC 2005-03) A motion was made by Alderman Munns to approve an Ordinance authorizing the execution of an Annexation Agreement with the owner/developer of a development commonly known as Aspen Ridge Subdivision,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-2 Munns-aye,Burd-nay,Spears-nay,Bock-aye, Besco-aye,Wolfer-aye,James-aye,Prochaska-aye Ordinance 2006-76 Aspen Ridge-Annexation (PC 2005-03) A motion was made by Alderman Munns to approve an Ordinance annexing territory commonly known as Aspen Ridge Subdivision,as presented,in furtherance of an Annexation Agreement with the owners/developers,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-2 Burd-nay,Spears-nay,Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye Ordinance 2006-77 Aspen Ridges-Rezoning (PC 2005-03) A motion was made by Alderman Munns to approve an Ordinance rezoning certain property commonly known as Aspen Ridge Subdivision in furtherance of an Annexation Agreement with the owners/developers,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-2 Spears-nay,Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye,Burd-nay Ordinance 2006-78 Chally Farm-Execution of Annexation Agreement (PC 2005-33) A motion was made by Alderman Munns to approve an Ordinance authorizing the execution of an Annexation Agreement with the owner/developer of a development commonly known as Chally Subdivision,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-6 Nays-2 Bock-aye,Besco-aye,Wolfer-aye,James-aye, Munns-aye,Burd-nay,Spears-nay,Prochaska-aye Ordinance 2006-79 Chally Farm-Annexation (PC 2005-33) A motion was made by Alderman Munns to approve an Ordinance annexing territory commonly known as the Chally Subdivision,as presented,in furtherance of an Annexation Agreement with the owners/developers,and authorize the Mayor and City Clerk to execute all documents upon fmal legal review;seconded by Alderman James. Motion approved by a roll call vote. Ayes-5 Nays-2 Besco-aye,Wolfer-aye,James-aye,Munns-aye,Burd-nay,Spears-nay,Bock-aye, Ordinance 2006-80 Chally Farm-Rezoning (PC 2005-33) A motion was made by Alderman Munns to approve an Ordinance rezoning certain property commonly known as the Chally Subdivision in furtherance of an Annexation Agreement with the owners/developers,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. The Minutes of the Reeular Meetine of the City Council—August 8.2006—aagg 8 Motion approved by a roll call vote. Ayes-5 Nays-2 Wolfer-aye,James-aye,Munns-aye,Burd-nay,Spears-nay,Bock-aye,Besco-aye Ordinance 2006-81 Yorkwood Estates-Execution of Annexation Agreement (PC 2005-32) A motion was made by Alderman Munns to approve an Ordinance authorizing the execution of an Annexation Agreement with the owner/developer of a development commonly known as the Yorkwood Estates Subdivision,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review;seconded by Alderman James. Motion approved by a roll call vote. Ayes-6 Nays-2 Wolfer-aye,James-aye,Munns-aye,Burd-nay, Spears-nay,Bock-aye,Besco-aye,Prochaska-aye Ordinance 2006-82 Yorkwood Estates-Annexation (PC 2005-32) A motion was made by Alderman Munns to approve an Ordinance annexing territory commonly known as the Yorkwood Estates Subdivision,as presented,in furtherance of an Annexation Agreement with the owners/developers,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by it roll call vote. Ayes-5 Nays-2 James-aye,Munns-aye,Burd-nay,Spears-nay,Bock-aye,Besco-aye,Wolfer-aye Ordinance 2006-82 Yorkwood Estates-Rezoning (PC 2005-32) A motion was made by Alderman Munns to approve an Ordinance rezoning certain property commonly known as the Yorkwood Estates Subdivision in furtherance of an Annexation Agreement with the owners/developers,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-2 Munns-aye,Burd-nay,Spears-nay,Bock-aye,Besco-aye,Wolfer-aye,James-aye PUBLIC SAFETY COAIA=EE REPORT No report. ADMINISTRATION COMD=E REPORT No report. ADDITIONAL BUSINESS PNA Camp Alderman Munns stated that he called the police because of the noise from the PNA Camp. He asked if the City could work with Kendall County to prevent any problems in the future. Alderman Burd commented that she also spoke with the police who indicated that there were parking problems in Ward 2 and then walking down River Road to the event which was oversold. She stated that some local businesses were happy because of the events;their sales were up. She stated that it was good for the City economically to have events like this.She suggested that Public Relations Manager Spies contact the PNA camp to see how the City could help them better market the event. She suggested that the City take a bigger view of the situation and try to come to a mutual benefit for both the PNA and the City. Alderman James wanted the residents of Yorkville to know they are welcome to attend PNA Camp events. He commented that he has attended events at the Camp and had an enjoyable time. There was further discussion about PNA events,both their beneficial and detrimental effects on the community;police issues,promoting the events in a positive manner,etc. Mayor Prochaska asked Community Relations Manager Spies to investigate when the PNA Camp had future events scheduled so that he City could be aware of them. Canine Officer]Fund Raiser Alderman Spears asked the City Council to support a large scale fund raiser to aid in replacing Canine Officer Jumbo. She suggested that something be set up at the City booth at Hometown Days. Mayor Prochaska agreed and stated that he has already discussed several fund raising ideas with Officer Pleckham. The Minutes of the Regular Meeting of the City Council—August&2006—page 8 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. He asked that the City Clerk,City Attorney,City Administrator and Policed Chief be included in the session. He indicated that no formal action would be taken after the session. So moved by Alderman Bock,seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-6 Nays-1 Burd-aye,Spears-aye,Bock-aye,Besco-nay,Wolfer-aye,James-aye,Munns-aye Executive Session was entered at 9:45 p.m. The City Council returned to regular session at 10:23 p.m. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Bock;seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 10:24 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 August 8 , 2006 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville , Illinois . 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 MS . VALERIE SURD, Alderman ; 5 MR . MARTY MUNNS , Alderman ; 6 MR . JAMES BOCK, Alderman; 7 MR . JOSEPH BESCO, Alderman; 8 MS . ROSE ANN SPEARS , Alderman; 9 MR. JOHN CROIS , City Administrator; 10 MR . WILLIAM POWELL, City Treasurer ; 11 MR . TRAVIS MILLER, City Planner; 12 MS . JACQUELYN MILSCHEWSKI , City Clerk . 13 VIA SPEAKERPHONE : 14 MR . DEAN WOLFER, Alderman . 15 16 17 A P P E A R A N C E S : 18 MR . JOHN JUSTIN WYETH, Counsel , 19 appeared on behalf of the United City of Yorkville, Illinois . 20 21 - - - - - 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance ) 2 MAYOR PROCHASKA: Moving on , first 3 item on our agenda are public hearings . We have 4 three this evening . 5 At this time I would entertain 6 a motion to go into public hearing for the 7 purpose of discussing PC 2006-34 , Cannonball , 8 LLC, Harlem Irving Companies and Cooper Home 9 Furnishings , petitioners , request to rezone from 10 Kendall County A-1 Agricultural --- actually it ' s 11 the City of Yorkville A-1 --- to allow uses 12 permitted in B-3 Business Service District , R-1 13 One-Family Residence District and R- 3 General 14 Residence District and for hearing as to the 15 preliminary PUD plan of petitioner . 16 The real property consists of 17 approximately 193 acres located on the northwest 18 side of U . S . 34 and Cannonball 'Trail , Kendall 19 County, Illinois . 20 MR. BESCO : So moved . 21 MR . BOCK: Second . 22 MAYOR PROCHASKA: Moved and 23 seconded . May I have roll call , please? 24 MS . MILSCHEWSKI : Besco . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MR . BESCO : Aye . 2 MS . MILSCHEWSKI : Wolfer . 3 MR. WOLFER: Aye . 4 MS . MILSCHEWSKI : James . 5 MR . JAMES : Aye . 6 MS . MILSCHEWSKI : Munns . 7 MR. MUNNS : Aye . 8 MS . MILSCHEWSKI : Burd . 9 MS . BURD: Aye . 10 MS . MILSCHEWSKI : Spears . 11 MS . SPEARS : Aye . 12 MS . MILSCHEWSKI : Bock . 13 MR . BOCK: Aye . 14 MAYOR PROCHASKA: We are in public 15 hearing . Is there someone that would come 16 forward to speak for the petitioner? 17 WHEREUPON : 18 RICK FILLER, 19 testified before the Yorkville City Council as 20 follows : 21 MR . FILLER : Good evening . Good 22 evening, Mayor, Aldermen, residents of Yorkville . 23 My name is Rick Filler . I am 24 the Director of Development for the Harlem Irving Depo Court Reporting Service ( 630 ) 983-0030 5 1 Companies , who are a joint venture participant 2 with Mid-America Real Estate to create 3 Cannonball , LLC . 4 This evening we are here to 5 discuss our preliminary PUD in the public hearing 6 and to go through where we ' ve been with the Plan 7 Commission, the comments that were given to us by 8 the Plan Commission, and how we have addressed 9 them. 10 I ' ll give you a quick kind of 11 update and then we will be here to answer any 12 questions that anyone might have . 13 So the approved preliminary 14 plan that we have here this evening, the intent 15 of what you saw conceptually remains . We ' ll go 16 through -- We tweaked some of it for the Plan 17 Commission through public input -- and gave you 18 the reasons why the configuration is what it is 19 today . 20 So the Plan Commission -- I ' ll 21 go through the Plan Commission comments with you . 22 They asked us to address the stormwater . There 23 was a concern of how this stormwater -- you know, 24 it ' s a very impervious piece of property right Depo Court Reporting Service ( 630 ) 983-0030 6 1 now, almost 200 acres that ' s all corn field, so 2 there was concern amongst the residents of where 3 is this water going, and so we will show you 4 that -- how that works and how there will be no 5 flooding type of issues . 6 There was a concern with the 7 townhomes configuration and the access to it , 8 which we have taken care of ; traffic on 9 Cannonball ; lighting and photometric plan; 10 construction and truck routes ; the distance 11 between the townhomes and the townhome density; 12 and a sidewalk or a pedestrian connection on 13 Cannonball . 14 Since I am not an engineer, I ' m 15 going to have Scott Mai from SEC go over real. 16 quickly what the water and stormwater is . 17 WHEREUPON : 18 SCOTT MAI , 19 testified before the Yorkville City Council as 20 follows : 21 MR. MAI : Hi . I am Scott Mai with 22 Smith Engineering . I am going to make this real 23 short and sweet I hope . 24 If you look at the existing Depo Court Reporting Service ( 630 ) 983-0030 7 1 topography of the property, you will notice in 2 the far northern section here, as well as the far 3 southerly section , we do have an area that is 4 tributary towards -- or towards the creek over 5 here, Blackberry Creek . 6 Down the middle of the property 7 there are a number of low lying areas , S depressional areas , where the water pockets in a 9 normal rain event . 10 Once those are full , the water 11 overtops here and heads off towards the rest and 12 heads to the south . 13 This whole area up here is just 14 sheet drained off the property, and then once 15 again the topography naturally drains to the 16 south . 17 In the proposed condition what IS we ' re trying to do is match the existing 19 conditions as much as possible with what we 20 release from our property . 21 We ' re going to take stormwater 22 that lands on this property and we ' re going to 23 send it into the detention basin in the middle of 24 the property, a very large detention basin, Depo Court Reporting Service ( 630 ) 983-0030 8 1 somewhere in the vicinity of 20 acres , so we are 2 providing quite a bit of stormwater management . 3 This will release in a very 4 controlled release to the Blackberry Creek . To 5 put it in perspective, it ' s a 200-acre site and 6 we are releasing very, very little water . 7 The reason is because the 8 depressional areas that are in the center of the 9 property, we have got to provide additional 10 storage in our basin to compensate for the water 11 that used to sit in those depressional areas , so 12 if this site had no depressional area on it , the 13 pond would have been half the size, so it ' s a 14 very, very large pond . 15 We are releasing from the 16 property just as it does today, and our overflow 17 will head towards the west just as it does today . 18 Another side note in regards to 19 stormwater management, we are proposing many what 20 would be considered best management practices . 21 We will have drainage swales that are planted 22 with some native plantings . This helps clean up 23 the water . it helps percolate some of that water 24 back into the ground as it would in its natural Depo Court Reporting Service ( 630 ) 983-0030 9 1 condition . The basin that we are proposing is a 2 naturalized detention basin , a lot of different 3 things that we are doing to keep the water 4 quality from this property in its natural state 5 keeping all the water clean and working well , 6 so . . . 7 MR . FILLER : Thanks , Scott . 8 The next issue was how the 9 townhouse portion of the development was 10 connected, so you can see we actually added an 11 additional connection here and additional 12 connection here so it allows a much safer type of 13 route . 14 There was much concern as it 15 relates to traffic on Cannonball and how our 16 drives were actually lining up, and the more we 17 studied that , we realized that we actually had IS some of our main drives that were coming right 19 into some of the residents on Cannonball . 20 So what we did is move our 21 spine , our main drive, up here to the north, 22 which actually lines up with the only street on 23 the side and lines up with it so a small 24 intersection is there . Depo Court Reporting Service ( 630 ) 983--0030 1 What we also did is we created 2 a second full access further to the south close 3 to Route 34 . 4 The idea there would be some 5 would come in westbound and taking -- on 6 Veteran ' s and taking a right and instead of 7 having to go all the way up here past the a homes -- this intersection here actually winds up 9 at the commercial property across the street , so 10 very appropriate to allow a release valve back to 11 34 without them having to come back to the top 12 and come down, so we thought that was a very good 13 improvement and something that would minimize the 14 impact onto Cannonball . 15 These are always very difficult 16 to see, but the lighting and photometrics . All 17 we ' re trying to show here is that we will drop 1s our lighting levels . If the streetlight -- the 19 streetlights have to be placed along Cannonball 20 pursuant to your code , so the only light that 21 will still be along Cannonball will be that of 22 the new streetlights that will be placed there . 23 And, once again, more study as 24 it relates to lighting of the outlots along Depo Court Reporting Service ( 630 ) 983-0030 11 I there, you know, the lighting -- we are committed 2 to create more of an ambient lighting, and when I 3 looked around the city, the newer restaurants 4 that you are building all have the same type of 5 look that we ' re talking . 6 I think the Blackstone or 7 Stonefire, whatever that restaurant that was 8 recently constructed, very, very attractive , the 9 type of lighting -- Blackstone . Same type of 10 thing, so along those lines , so a very soft 11 lighting on the signs with no harsh lights 12 shining on Cannonball . I3 Construction and safety issues . 14 When you start construction this fall, we will 15 stage over on the Beecher side and we will be 16 utilizing an access route staging area, so the 17 bulk of our equipment staging, construction 18 trailer, will be over here, and I believe it ' s 19 probably the most appropriate away from any 20 residents . 21 In the future we have 22 designated interior truck routes . We don ' t like 23 trucks coming up through the main spine of our 24 shopping center, we feel Beecher is the most Depo Court Reporting Service ( 630 ) 983-0030 12 1 appropriate, working their way through and around 2 the back of the center, through here and back out 3 to Beecher . 4 There was concern -- there was 5 a couple concerns as it relates to the townhouse 6 clusters and distance . We increased them from 50 7 feet to 65 feet . 8 Actually it helps the plan a 9 lot as it helps stagger those clusters . It also, 10 as we opened up the distance between them, 11 actually allowed us to add physical parking, so 12 it accomplished several different things , and I 13 believe we have a very nice residential plan as 14 it relates to the public, as it relates to it . 15 The residential density, once 16 we get our overall calculations , taking into 17 consideration the right-of-way, the maximum 18 allowed density would be 3 . 5 units per acre . We 19 are at 3 . 43 units per acre . 20 And the last , what is 21 Cannonball and creating pedestrian sidewalks 22 along Cannonball, which would be incorporated 23 into the berming, landscape and sidewalk plan 24 along Cannonball Trail . Depo Court Reporting Service ( 630 ) 983-0030 13 1 MAYOR PROCHASKA: Okay . Is that it? 2 MR. FILLER: The tenant update , if 3 you would like one real quick, our planned 4 tenants to date, most people have heard this , 5 Kohl ' s , Super Target , Home Depot , Linens & 6 Things , OfficeMax, Petsmart , Michael ' s , and I am 7 pleased to say we are working with some other 8 very well-known tenants to complete the center . 9 With that, I will -- 10 MAYOR PROCHASKA: The only thing, 11 first I ' d like to just say for a point of -- 12 factor is that in your plan you call out the plan. 13 as the approved preliminary plan . 14 It is the plan that was 15 recommended by the Plan Commission . It has not 16 been approved by the City Council, so just so 17 that we are aware that that is the case . It is 18 not actually an approved plan . 19 And with that I would then open 20 the floor to those that would like to come 21 forward and speak and give testimony, and you are 22 free to come forward and do that . 23 I just ask that , you know, we 24 try not to be -- have a lot of repetition if we Depo Court Reporting Service ( 630 ) 983-0030 14 1 can . I understand that there is concerns and 2 thoughts , and I don ' t know, maybe comments , so 3 with that I open the floor . Someone that would 4 like to come forward and speak? 5 WHEREUPON : 6 CARL BUCK, 7 testified before the Yorkville City Council as 8 follows : 9 MR . BUCK: Good evening, Mr . Mayor, 10 and members of the City Council . My name is Carl 11 Buck, and I am an attorney . My address is 618 12 West Main Street in Plainfield, and I am here on 13 behalf of several of the residents in the 14 Cannonball Trail area, and specifically the 15 Cannonball Trail Civic League . 16 I know that the proceedings 17 that occurred before the Plan Commission as the 18 Mayor just referenced just a few minutes ago , are 19 most likely part of your packet and the evidence 20 that was presented and the recommendations there, 21 without being redundant are presented to you and 22 the developer has made many comments about the 23 comments they received from the Plan Commission . 24 Members of the Cannonball Trail Depo Court Reporting Service ( 630 ) 9830030 15 1 Civic League and those residents would ask you to 2 not approve the zoning that ' s being requested and 3 not approve the preliminary PUD agreement and 4 plan that ' s being presented to you tonight for 5 several different reasons . 6 Within that hearing that was 7 conducted before the Plan Commission, several 8 issues were raised with respect to things that 9 you would consider to be raised by residents that 10 live across the street from the development 11 that ' s being proposed before you tonight . 12 Certainly one of the most 13 important aspects of that is traffic . Cannonball 14 Trail, I ' m sure you ' ve heard various comments 15 over the time about the traffic on Cannonball 16 Trail, the fact that it ' s a cut-through from 47 17 to 34 , and the plan that you have in front of you 18 tonight is going to exacerbate that problem 19 dramatically . 20 The developer ' s response was to 21 add another entrance into the development from 22 Cannonball Trail . 23 It ' s interesting to note that 24 if you go into the traffic study and read the Depo Court Reporting Service ( 630 ) 983-0030 16 1 traffic study that they presented, the traffic 2 engineer calls for an expansion of Cannonball 3 Trail in the future . 4 So what they ' re actually doing 5 is creating greater access into their development 6 while from appearances trying to limit the 7 traffic on Cannonball Trail . a And while that might have a 9 short-term effect, when you look at the traffic 10 study -- and I urge you to go and look at the 11 traffic study and what that engineer calls for -- 12 he calls for multiple turn lanes on Cannonball 13 Trail and a widening of Cannonball Trail to three 14 lanes . 15 The developer ' s initial 16 response is to say well , that widening is only 17 going to occur on our side of the property, and 18 while that may be true, it doesn ' t detract from 19 the fact that the traffic on Cannonball Trail is 20 going to increase dramatically . 21 I know that you all are 22 familiar with Comprehensive Plan . The 23 Comprehensive Plan for the majority of the 24 portion of this property calls for residential . Depo Court Reporting Service ( 630 ) 983-0030 17 1 Residential would be an 2 appropriate use . The use that you have here 3 that ' s being presented is only partially 4 residential . 5 During the Plan Commission 6 testimony, it was presented that this plan had 7 achieved perfect transitional zoning . That was S phrase used by the developer . 9 I would urge you to consider 10 this plan, when you look at it , if you look at 11 east side of the plan, there is lots of green 12 boxes along the side . That ' s not landscaping or 13 vegetation . Those are stores . 14 And what ' s proposed in that 15 area is a three to five-foot undulating berm with 16 not 100 percent screening along that side . 17 The residents on the other side 18 of Cannonball Trail are then going to be looking 19 at store front after store front after store 20 front . 21 The developer has said that 22 it ' s not going to be a store front, that they ' re 23 going to have a small , reduced sign on the 24 building . Depo Court Reporting Service ( 630 ) 9B3-0030 18 1 It ' s still going to be a 2 commercial property, and there is absolutely no 3 transitional zoning there at all to buffer those 4 residents from the commercial development that ' s 5 going to be there . 6 Another aspect of the plan that 7 the residents take umbrage with is the inclusion 8 of the police station on property that ' s being 9 donated by the developer . 10 I understand that the developer II doesn ' t have any say specifically as to what 12 they ' re going to do with that property once they 13 give it to you, so they are giving you that 14 property and they are receiving some credit from 15 you . 16 We would urge you to consider 17 that the property as it ' s being given should be a 18 park and it should not be used as a police 19 station . 20 Again , it ' s going to exacerbate 21 the problem, not only with respect to traffic , 22 but you are taking what has been historically a 23 residential and agrarian area and turning it into 24 essentially another urban area and an area that Depo Court Reporting Service ( 630 ) 983-0030 19 1 has not been -- that has been residential for 2 probably more than 30 years , based on the 3 research that we ' ve done . 4 In this area what they ' ve asked 5 for is an increased buffer, a buffer that, like 6 the comment that was given to the residents to 7 the north, a 50-foot buffer . 8 We have asked for the berm 9 along there to be anywhere from seven to ten feet 10 and we ' ve asked for 100 percent screening . 11 We have asked to limit the 12 access to that road, and at this point the plan 13 doesn ' t really do that, it actually will allow 14 for increased traffic along that area . 15 With respect to the police 16 station and the donation of that , if you ' re 17 inclined to take that donation, it should be used 18 as a park, and it shouldn ' t be -- it shouldn ' t 19 have the police station . 20 I note that the Police Chief at 21 the Plan Commission meeting following the public 22 hearing provided some information as to his 23 desire to have the police station there and why 24 he thought it would be good, but again, we ask Depo Court Reporting Service ( 630 ) 983-0030 20 1 you to use your common sense, and including a 2 police station within a residential area, it 3 doesn ' t pass the common sense test . 4 At the Plan Commission there 5 were petitions that were presented and put into 6 the record. 7 I know one of the residents is 8 here with copies of those petitions for you if 9 you would like to see them. 10 We also provided photographic 11 examples of different berms we would like to see 12 in that area . 13 We understand growth is going 14 to happen, but this plan as it ' s presented does 15 not represent responsible growing . 16 The zoning that they are 17 requesting is not responsible zoning . It ' s in 18 direct contradiction of your Comprehensive Plan . 19 So we ask you to please review 20 the evidence from the Plan Commission, look at 21 the plan you ' ve got, because once it ' s approved, 22 it ' s going to go forward . 23 It ' s going to have a tremendous 24 impact on the community and it certainly is going Depo Court Reporting Service ( 630 ) 983-0030 21 1 to have a tremendous impact on the people who 2 have lived along Cannonball Trail , and many of 3 those residents have lived there for more than 30 4 years . I know many of them want to speak to you 5 tonight . 6 That ' s an overview of the 7 issues that were raised at the Plan Commission . 8 We ask you to consider them. 9 We don ' t believe the zoning is 10 appropriate and we don ' t believe you should pass 11 the PUD plan . Thank you . 12 MAYOR PROCHASKA: Someone else that 13 would like to come forward? Sir? 14 WHEREUPON : 15 OTTO KOCH, 16 testified before the Yorkville City Council as 17 follows : 18 MR. KOCH : My name is Otto Koch . I 19 live at 3524 Cannonball Trail . 20 Sitting in these hearings is 21 like sitting on a railroad track waiting for a 90 22 mile an hour train to go through . I don ' t think 23 anyone is listening to us . 24 As far as I can see, everything Depo Court Reporting Service ( 630 ) 983-0030 22 1 has already been decided and all the 2 announcements are being made . 3 You seem not to care what the 4 residents of 30 to 35 years here think, and after 5 all , we don ' t have a vote because we don ' t live 6 in Yorkville . 7 Let me make myself clear . We 8 don ' t want commercialization of Cannonball Trail . 9 We do not want a high traffic development across 10 the street from our homes . 11 We do not want truck traffic on I2 Cannonball Trail . That has been a consistent 13 thing in our pleadings . 14 We ' ve been here on several 15 occasions before and some of the other 16 developments and we ' ve worked out solutions to 17 some of these things , but when it comes to 18 commercial development, we have gotten no 19 favorable response and we have mostly been 20 ignored. 21 About the police station, I 22 heard what the Chief said, but he didn ' t really 23 point out why it needed to be on Cannonball 24 Trail . Depo Court Reporting Service ( 630 ) 983-0030 23 1 Personally I ' m not worried 2 about the police cars going up and down the 3 street . God knows I ' ve never seen any enforcing 4 the traffic laws . 5 We don ' t want the station on 6 our street , period . We want -- we see further 7 commercialization if that happens , and this 8 location here is not near homes . There is fields 9 and a school across the street . It ' s not the 10 same as where we are where it ' s right across from 11 where the homes are . 12 We hope you ' ll listen and stop 13 this vast moving trend . Thank you . 14 MAYOR PROCHASKA: Someone else? 15 WHEREUPON : 16 BRETT WADSWORTH, 17 testified before the Yorkville City Council as 18 follows : 19 MR . WADSWORTH : My name is Brett 20 Wadsworth . I live on Cannonball Trail across 21 from the location of the proposed police station . 22 I am one of the 260 some 23 persons who signed petitions that were formerly 24 filed with the Plan Commission against this Depo Court Reporting Service ( 630 ) 983-0030 24 1 development . 2 It is also my understanding 3 that each of you should have received a copy of 4 two letters sent to the City by members of the 5 Cannonball Trail Civic League objecting to the 6 Kendall Marketplace Development . 7 Those letters offered several 8 modifications to the plan to soften its impact on 9 the surrounding neighbors , neighbors , many of who 10 bought homes with the faith that the 11 Comprehensive Master Plan would be followed . 12 Previously the developers were 13 kind enough to meet with the property owners 14 along Cannonball to present their plans ; however, 15 they presented their plan and were unable to give 16 our thoughts and ideas much consideration, though 17 they had said so at this time , really raising a 18 berm two feet when you ' re dealing with walls that 19 are 20 feet high hardly is of any value . 20 At the same time no city body 21 or person officially connected with the city has 22 offered any opportunity to modify any part of the 23 plan . 24 It is totally being imposed Depo Court Reporting Service ( 630 ) 983-0030 25 1 upon us , even though there is existing housing on 2 two sides of the big box development property and 3 there is inadequate transition or buffering . 4 Is this really America , to 5 impose this type of thing on people that have 6 lived here for 30-some years and have contributed 7 to this city and love this city and devoted their 8 lives to this city and not given any recognition 9 for where they live or what their life is about , 10 including the environmental aspects of Cannonball 11 Trail and what it contributes to this city? 12 Please look at our petitions 13 and our letters before moving forward . Give us 14 some hope for fairness or we will be forced into 15 actions that will not be helpful for future peace 16 and harmony in the city that we love and we feel 17 a part of . 18 I dare say if any of you by 19 chance lived on Cannonball Trail or the 20 surrounding area for any length of time , you 21 would feel as we do . 22 We understand that you may have 23 already made up your minds , but we plead with you 24 to join us rather than work against us . Depo Court Reporting Service ( 630 ) 983-0030 26 1 It is only fair that you 2 consider us as fellow citizens in this community . 3 Thank you . 4 MAYOR PROCHASKA: Thank you . Do you 5 have any rebuttal at this point in time or do you & want to let more people come up and talk? 7 MR . FILLER: Well , I ' ll just do it S very quickly . During the Plan Commission we did 9 dissect an outline, the letters that we did 10 receive from Cannonball residents , and we did 11 duly take note of their concerns , and what we did 12 present -- much of what we presented to you in 13 changing where the roads lined up, how the berms 14 work, how we had sidewalks , how we made 15 agreements to not allow light into their front 16 yards , these weren ' t things that we came to the 17 Plan Commission to do, these were things that the 18 residents of Cannonball asked us to do . 19 So to suggest that we are not 20 being cooperative, that we are not listening, we 21 are . 22 And as we said to the 23 Cannonball residents , you know, this is -- this 24 is a big change . They are used to looking at a Depo Court Reporting Service ( 630 ) 983-0030 27 1 corn field, and we understand that , and we 2 understand their concerns , and it ' s our goal to 3 continue to work with them as much as we can . 4 I mean, we make the berms , you 5 know, working with them on berming, but the fact 6 remains is that this is an 600 , 000 square foot 7 shopping center coming into this village as a a viable financial vehicle for future growth for 9 this -- for this fine city . 10 Thank you . 11 MAYOR PROCHASKA: The floor is still 12 open . If there is any other -- 13 WHEREUPON : 14 TODD SKOGAN, 15 testified before the Yorkville City Council as 16 follows : 17 MR . SKOGAN : Hello . My name is Todd 18 Skogan . I live in -- I ' ve lived in Kylyn ' s Ridge 19 for two years now, and I just don ' t think it ' s 20 fair with the amount of townhomes going in and 21 the master plan was for a little row of strip 22 mall , and then now -- now this . 23 If that many townhomes go in or 24 if they are not of the caliber that our homes Depo Court Reporting Service ( 630 ) 983-0030 28 1 are, my back yard backs up to those , and I just 2 don ' t think that ' s right , and if that many 3 townhomes go in, I ' m not going to make it to five 4 years living in Yorkville . 5 Now, to tell you the truth, my 6 wife can ' t wait until Target goes in because she 7 wants to be the first one in line for the sales , S but that ' s beside the point . 9 I was one of two people that 10 walked around our neighborhood to get that 160 11 signatures because of the problems that the 12 townhomes might -- might have on our traff;:. c 13 patterns , and I think if the people sitting in 14 those seats lived where we do, you would see our 15 point and you ' d go along with our against to that 16 many townhomes . Thank you . 17 MAYOR PROCHASKA: Thank you . Anyone IS else? 19 MR . FILLER: If I can address that 20 very quickly . Once again, we listened from our 21 preliminary plan to the plan that we presented 22 tonight , and we have actually made sure that the 23 single -- so many people understand, the 24 single-family homes , their back yards will be Depo Court Reporting Service ( 630 ) 983-0030 29 1 backing up against the back yards of the existing 2 single-family homes along that area . 3 We have also turned the 4 townhomes basically perpendicular, so even if you 5 are in your back yard looking through somebody 6 else ' s back yard looking between the two houses , 7 we put the townhouses even perpendicular to them 8 so as not to create a large wall and, you know, 9 we ' ve made it very appealing as relates to how we 10 laid the density in there and how we created that 11 transitional zoning from single-family, back 12 yard, to another single-family back yard to the 13 townhouse development, to the detention ponds to 14 the commercial . 15 MAYOR PROCHASKA: Next? 16 WHEREUPON : 17 DON COGGIN, 18 testified before the Yorkville City Council as 19 follows : 20 MR. COGGIN : Good evening . My name 21 is Don Coggin . I live at 1184 Western Lane, 22 Yorkville . We just moved in exactly one year 23 ago . 24 Before we decided to settle Depo Court Reporting Service ( 630 ) 983-0030 30 1 down in Yorkville we did a lot of research , my 2 wife in particular . She obviously looked at the 3 City Master Plan because we were concerned about 4 what would be in that corn field . 5 We saw one small strip of 6 commercial development and then single-family 7 homes after that . We never fathomed that it 8 would be a huge mall with strips of townhomes and 9 one row of single-family homes . We never 10 imagined that . Ever . 11 As per this plan, I was pretty 12 much wondering where you would put a walk bridge 13 or our children to get to the parks . We live on 14 the east side and all of our parks , including the 15 private parks, are located -- I ' m sorry, we live 16 on the west side, and all the parks are located 17 on the east side . 18 They will have to cross High 19 Ridge , which you guys are going straight to four 20 lanes of Beecher, which we all know that the 21 traffic is going to become overwhelming on High 22 Ridge . We know that . It has no choice but to 23 become overwhelming . 24 As far as our subdivision goes , Depo Court Reporting Service ( 630 ) 983-0030 31 1 when you guys decide to put the 50-foot buffer 2 zone along Route 34 , that in turn bumped the 3 Kohl ' s and all the outlet stores along that area 4 back even closer towards our homes, which in turn 5 led to townhome areas being developed the way 6 they are . 7 My son was kind enough to do 8 the ratio of townhomes per single-family homes 9 based on the average amount of cars per home . 10 Your average amount of cars per 11 home nowadays on a national average is two per 12 household . This boils down to basically a seven 13 to one ratio, and personally that ' s an 14 overwhelming amount . Overwhelming . 15 So I ' m asking the City Council 16 to definitely not grant them R-3 zoning, to 17 definitely grant them single-family dwelling , 18 allow them to build the mall . 19 We are not asking them to stop 20 building the mall , but we are asking them to just 21 build single-family homes , which will alleviate 22 the Main Street passageway right to 34 . 23 I would like to quote Mayor Art 24 Prochaska as saying, " I am very honored to be Depo Court Reporting Service ( 630 ) 983-0030 32 1 able to serve the people of Yorkville . I know 2 that there is concern that we will loose our 3 small town charm. I believe that small town is 4 based on ideas and commitments of the people in 5 the community and not the population count . " 6 Thank you . 7 WHEREUPON : 8 LOWELL IVERSON , 9 testified before the Yorkville City Council as 10 follows : 11 MR . IVERSON : I am Lowell Iverson 12 and I am one of the county neighbors on 13 Cannonball Trail and the proposed shopping 14 center . 15 What bothers me the most is 16 that for the county people , there is absolutely 17 no transitional zoning, all the transitional 18 zoning is for the city people , and this looks 19 bad, and it gives the appearance you don ' t care 20 about us . 21 I know that ' s not the case , but 22 it certainly appears that way . There is 23 absolutely no transitional zoning . 24 And there is no reason why this Depo Court Reporting Service ( 630 ) 983-0030 33 1 plan should be approved as it does not follow the 2 Comprehensive Plan . 3 It could, and it should, and if 4 they won ' t do it, I ' m sure there is other 5 developers that could come up with a plan that 6 would follow the Comprehensive Plan . 7 Therefore , I think it should be 8 rejected . Thank you . 9 MAYOR PROCHASKA : Thank you . Anyone 10 else? 11 WHEREUPON : 12 TIM POPOWELL, 13 testified before the Yorkville City Council as 14 follows : 15 MR. POPOWELL : Good evening, Mayor, 16 City Council . My name is Tim Popowell . I 17 represent the Kylyn ' s Ridge Homeowner ' s 18 Association . 19 A number of our homeowners I ' d 20 like to say are very in favor of having the 21 convenience and the amenities of the shopping 22 center close to us . I think overall it ' s 23 strongly supported by our residents . So what we 24 have are legitimate concerns about traffic Depo Court Reporting Service ( 630 ) 983-0030 34 1 patterns and densities of homes and adjacencies 2 to our subdivision . 3 I have to echo part of the 4 concerns about Cannonball Trail as well as High 5 Ridge Lane . My address is 1004 Western Lane . I 6 am at the corner of Western and High Ridge , so my 7 backyard and driveway are on the four-way 8 intersection, so I have a personal interest in 9 what is going on . 10 I think we ' ve heard a number of 11 people concerned about the traffic patterns along 12 Cannonball Trail and off of Route 34 , but what 13 concerns me is the traffic to the south and to 14 the west of our subdivision and development . 15 For those of you that have been 16 out there , we have a number of subdivisions under 17 construction . My personal concern is that a 18 number of residents that live in this newly 19 developed townhome and single-family residences 20 will use High Ridge Lane . 21 Not a problem; however, I think 22 that a number of people, once the completion of 23 Faxon Road is completed, which ties High Ridge 24 out to Route 47 , which I believe is still under Depo Court Reporting Service ( 630 ) 983-0030 35 1 construction and due to be completed this summer, 2 will become a shortcut off of Route 47 to this 3 development . 4 I think that Beecher Road, we 5 all know across the street on the south and 6 Drayer Medical is completing part of Beecher Road 7 back, great location, great use of land . a I think that that improved 9 intersection, Beecher Road, can be extended all 10 the way to Faxon and help eliminate some of that 11 traffic that will be used as a shortcut . 12 I know that that was addressed 13 at the last Plan Commission meeting, that that is 14 somewhere in the capital improvement for the city 15 to complete at some point in time . 16 That ' s great that ' s on the 17 radar screen, but I think it ' s going to be an 18 immediate impact . 19 I would ask the Council to 20 please review this . I urge you to review it . 21 It ' s not that we don ' t want this, but I think 22 there is some fine-tuning that can be done at 23 this point . 24 MAYOR PROCHASKA: Thank you . Depo Court Reporting Service ( 630 ) 983-0030 36 1 Someone else? 2 MR. BAZAN : I have a question . 3 MAYOR PROCHASKA: Please come 4 forward. State your name . 5 WHEREUPON : 6 STEVE BAZAN , 7 testified before the Yorkville City Council as S follows : 9 MR . BAZAN : I am Steve Bazan . I am 10 probably the senior citizen on this block . I 11 have lived there since 1965 , and I hope I don ' t 12 have to look at the back of all these businesses 13 and see garbage cans and dumpsters for the rest 14 of my life . 15 I don ' t think it would be 16 looking very nice if that happens If there is 17 restaurants , whatever is going in there , that ' s 1B what ' s going to happen . Thank you . 19 MAYOR PROCHASKA: Bill ? 20 WHEREUPON : 21 PHIL MARSHALL, 22 testified before the Yorkville City Council as 23 follows : 24 MR . MARSHALL : My name is Phil Depo Court Reporting Service ( 630 ) 983-0030 37 1 Marshall . I live over on Amanda Lane . At the 2 Planning Commission meeting the engineering firm, 3 Smith -- are you Smith Engineering? You said 4 that the property was going to drain out towards 5 the river; today you said it would drain out 6 towards Blackberry Creek . Which is it? 7 MR . MAI : It ' s going to go towards 8 Blackberry. 9 MR . MARSHALL : All of it? 10 MR. MAI : Well , whatever will be 11 allowable and release it . 12 MR . MARSHALL : That whole property 13 is going to drain into that pond and then into 14 Blackberry Creek? 15 MR . MAI : It ' s an overflow . 16 MR . MARSHALL : That ' s a significant 17 change in their -- 16 MAYOR PROCHASKA: Yes, I ' ve got an 19 issue with that . Apparently your engineer said 20 something else before, that the majority goes -- 21 the only thing that goes to Blackberry Creek 22 would be the piece that the city owns , which 23 would not go into the detention ponds , and the 24 existing Blackberry Creek or the existing Depo Court Reporting Service ( 630 ) 983-0030 38 1 Cannonball Trail already goes , a portion of it . 2 Is that correct , or is that not 3 correct? 4 MR. MAI : I ' m talking with -- 1 5 don ' t know, Bill, if you were involved in that 6 conversation . 7 There is a drain tile that 8 drains those depressional areas that are on this 9 site that drains to Blackberry Creek, and our 10 release rate will be less than what is actually II going through those drain tiles today, so we -- 12 you know, that is under the 100-year storm . Our 13 overflow will go to the south . 14 MR . MARSHALL : That doesn ' t sound 15 like that ' s good for the neighbors , my opinion . 16 CHIEF MARTIN : Yes , sir . 17 MR. MARSHALL : You made a bunch of 18 criteria on why it was important for your 19 position or your police station . Those sounded 20 perfect over near the post office, not near a 21 residential area . Four-lane road access , you 22 wanted a thoroughfare around town, you want to be 23 near the businesses . There is a lot more 24 businesses over on that side of town . I think Depo Court Reporting Service ( 630 ) 983-0030 39 1 you guys should at least consider that . 2 And you also commented about 3 not hearing from any of the residents over there . 4 I took a few moments and stopped by heading home 5 after this meeting after your testimony, and I 6 don ' t think too many people will agree with your 7 position . 8 I would ask that you stop over 9 there and see what they think . They said they 10 stopped complaining about five years ago, and 11 that you do speed . 12 So if you are interested, I ' m 13 happy to give you the people I talked to . 14 CHIEF MARTIN : Yes , I would be very 15 interested in that . 16 MAYOR PROCHASKA: Someone else? 17 WHEREUPON : 18 CURT STRYZNICK, 19 testified before the Yorkville City Council as 20 follows : 21 MR . STRYZNICK: Hi . My name is Curt 22 Stryznick . I am a resident of Kylyn ' s Ridge 23 here . I am a little casual , I don ' t have 24 anything prepared, but I have a question for the Aepo Court Reporting Service ( 630 ) 983-0030 40 1 developers here . 2 On this area here , I guess my 3 question is why do you have streets going into 4 Kylyn ' s Ridge from the homes and the townhomes? 5 I think that ' s just going to 6 present a major issue, as everyone has mentioned 7 here, why is that there? 8 And also access for all these 9 life-long residents of Cannonball Trail , you 10 know, the roads that are going to create so much 11 of a bottleneck of traffic patterns . 12 I guess can you answer and 13 address those questions and concerns ? 14 MR. FILLER: Sure . If you study our 15 residential plan, our residential streets match 16 the residential streets that were stubbed into 17 the property line, so those streets -- this 18 street here and this street here , they were 19 designed to eventually connect . 20 What we ' ve done is connect 21 those roads to the future infrastructure, the 22 same that we are doing a park. 23 The park that sits here was 24 designed by the Park District to be a much larger Depo Court Reporting Service ( 630 ) 983-0030 41 1 park . You see now we are donating this much of 2 our land to the Park District to connect to the 3 park, the same way we are connecting to the 4 roads . 5 So when you talk about master 6 plans , the master plan was make the park bigger 7 when this property was developed and connect the S residential roads . 9 I believe I heard somebody talk 10 about this being four-lane roads . These are 11 residential roads . hese aren ' t designed to take 12 somebody up here and go flying through these 13 residential streets , residential streets that 14 match the typical section of the residential 15 streets that exist today . 16 MR . STRYZNICK: But do believe 17 that what will happen, though, is that once 1B that ' s opened up, you are going to have people 19 cutting through from the shopping centers , from 20 the malls , and what you ' re going to take is a 21 nice family environment and you are going to 22 basically as far as I am concerned probably 23 destroy it with people just barrelling through 24 because they don ' t want to deal with traffic on Depo Court Reporting Service ( 630 ) 983-0030 42 1 34 anymore, and I think it ' s just going to create 2 a whole lot of problems for residents that didn ' t 3 anticipate this or plan on this , and I personally 4 don ' t think it ' s morally correct really, morally 5 responsible, for you to even be doing this . 6 MR . FILLER : Once again our plan 7 is -- the reason that Beecher is being created as a a four-lane section is because it is a relief 9 valve to 47 , and this is the commercial street , 10 and what we find is commercial streets are 11 designed for commercial carries and residential 12 streets carry residential kind of traffic . 13 This is low level , and that ' s 14 why we create boulevards to be able to get to the 15 commercial area . 16 MR. POPOWELL : Are you willing to 17 finish Beecher so that we don ' t have -- 18 MAYOR PROCHASKA: Sir, we can ' t just 19 have this calling out . If you ' ve got a question, 20 you are welcome to forward and ask the question . 21 We need to keep it orderly 22 because we do have a court reporter trying to 23 take down everybody ' s comments here . 24 MR . POPOWELL : I ' d just like to ask Depo Court Reporting Service ( 630 ) 563-0030 43 1 the developer it you would appease our concerns 2 about those traffic concerns and finish Beecher 3 Road out there fast . 4 MAYOR PROCHASKA: Can you state your 5 name? 6 MR . POPOWELL : Sure, Tim Popowell . 7 MAYOR PROCHASKA: Thank you . 8 MR. POPOWELL : So I ' ll leave that 9 rhetorical question for you . 10 MAYOR PROCHASKA: Is there -- 11 MR. FILLER: Very quick answer to 12 that . We don ' t own any -- We are improving 13 property that we own and we are actually 14 dedicating through right-of-way to allow Beecher 15 to be built . That ' s all we can do . We don ' t own 16 the property; we can ' t give right-of-way . 17 MAYOR PROCHASKA: Next? I 18 believe -- Sir, I think the lady is first . Thank 19 you . She ' s been waiting a couple of times . 20 WHEREUPON : 21 MARY ANN KAWEZYNSKI , 22 testified before the Yorkville City Council as 23 follows : 24 MS . KAWEZYNSKI : Yes . Hi , my name Depo Court Reporting Service ( 630 ) 983-0030 44 1 is Mary Ann Kawezynski . 7 live at 3193 2 Cannonball Trail, which is at the other end of 3 this lovely residential street . 4 And I say residential because 5 that ' s what I consider Cannonball Trail , and if 6 you people are not familiar with it , take a drive 7 down Cannonball Trail , see how really lovely it B is . g I live right off of Route 47 . 10 I know there is a development going up , a bank 11 and something else, mini mall , so there is a lot 12 of construction going on . 13 My back yard, behind my back 14 yard, is a storage site for dirt for a year, and 15 that was fun to clean up in our house . 16 Again, we moved from Chicago to 17 find peace and quiet in the country and have IS found nothing but problems . 19 First they wanted to put a gas 20 station on 47 and Cannonball Trail , which I am so 21 glad was not approved . 22 MAYOR PROCHASKA: There was never a 23 request . 24 MS . KAWEZYNSKI : Well , it was . Depo Court Reporting Service ( 630 ) 983-0030 45 1 MAYOR PROCHASKA: Well -- 2 MS . KAWEZYNSKI : Then came this 3 widening of the road we knew nothing about . 4 Because of this development that ' s going up on 5 the corner of Cannonball Trail. and 47 , all of a 6 sudden we have barriers across our lawn, what is 7 this all about , never notified . 8 The city had a plan dated June 9 of 2005 , but know one ever notified us , no one 10 ever asked us , so I am getting a little bitter 11 about living in Yorkville . I used to love living 12 in Yorkville , and now this thing . 13 I spent most of the afternoon 14 outside and all I heard were trucks and trucks 15 and trucks , and I even called to my sister, she 16 said, "I can ' t hear you, there is too many 17 trucks . " 18 It has already become very 19 busy . I would say in the four years I have been 20 here, the increase must be 50 percent at least . 21 I want to know, you know, you 22 are making all these concessions for us , which I 23 appreciate . You ' ve said the building site is 24 going to be west, no trucks will be on 30 -- on Depo Court Reporting Service ( 630 ) 983-0030 46 1 Cannonball . 2 Who is going to enforce this I 3 want to know? Who is going to be out there 4 saying hey, you ' ve got to go around? 5 I own property up to the middle 6 of the road . You think I could put a barrier up 7 there and say no trucks allowed, go around 47 to 8 34 , or go to the phantom road Beecher? 9 Now, that road everyone talks 10 about, but when is it going to happen? We ' re 11 getting all of these buildings constantly 12 everywhere . 13 I guess you can ' t fight 14 progress , but where are the roads to go with the 15 buildings? 16 We ' ve got this thing that I 17 tali the Bristol Bay barracks on 47 . All of IS these people that live there must have to drive 19 on 47 . That ' s two lanes . No one ever talks 20 about let ' s widen that one . We are going to 21 widen Cannonball Trail so people can shop faster . 22 So I don ' t know, I am just -- I 23 guess I ' m just venting . I had another point that 24 I wanted to make, but I forgot what that was . Depo Court Reporting Service ( 630 ) 9830030 47 1 The Beecher -- Oh, I know, the police department , 2 which is I think totally in the wrong place . 3 The city goes up to what , 4 Route 30 , Baseline Road, and it ' s going to go 5 south to Walker, right? Walker Road, that ' s 6 pretty far south . 7 So why would we want a police S station that ' s mostly in the northern part of 9 Yorkville? Why not a little more central for 10 everyone ' s benefit? I don ' t understand that . 11 Another thing is my nephew was 12 over a few weeks ago , had a problem, so we called 13 the police . 14 The police called back and told 15 him sorry, you ' re not in the city, we can ' t help 16 you . 17 So we ' re going to have a police 18 department right across the road that cannot help 19 us because we are unincorporated? That ' s all I 20 have to say . Thanks . 21 CHIEF MARTIN : Your Honor, could I 22 answer that one with the police department? 23 First of all , ma ' am, if it ' s an emergency, we do 24 respond right away . If it ' s not an emergency, Depo Court Reporting Service ( 630 ) 983-0030 48 1 the county is the one that responds . We can ' t 2 take over their calls unless they request us . 3 MS . KAWEZYNSKI : It was not an 4 emergency . 5 CHIEF MARTIN : Then they would 6 request -- it would be the county that would 7 respond unless they requested us , and then we a would show up . So it ' s not that we wouldn ' t be 9 there . 10 If it ' s an emergency, we ' d be 11 there in a heartbeat . 12 MAYOR PROCHASKA: Okay . Yes , sir . 13 WHEREUPON : 14 ERIC DANFORTH, 15 testified before the Yorkville City Council as 16 follows : 17 MR. DANFORTH : My name is Eric 18 Danforth . I live on Hickory Lane . We do 19 appreciate you giving us an opportunity to 20 address the zoning conflict with you . 21 Cannonball Trail , it does have 22 kind of a nice ring, you know, when you drive up 23 and down it and you see it kind of just swerve 24 through the countryside, goes through a little Depo Court Reporting Service ( 630 ) 983-0030 49 1 town, there is a golf course on it , and it has a 2 lot of houses on it, and it has a lot of old 3 trees . 4 You did an ecological survey 5 back in ' 02 1 believe, October of ' 02 , that said, 6 you know, what a rare wetland this was , black 7 ash, you know, had various , you know, wetland 8 plants and wildlife that were really important , 9 and when you kind of change the character of 10 Cannonball Trail by putting in a commercial 11 development like this , I think you devalue 12 what -- those homes and what it has to offer 13 along through there . 14 Here on this map here we have 15 two exits going into a subdivision to the north, 16 Kylyn ' s Ridge, and three along Cannonball Trail , 17 which is all residential . 18 1 question why this commercial 19 development needs to be here in this residential 20 area when we have Eldamain Road that ' s very nice, 21 we have this proposed Beecher extension , which 22 I ' m not sure if we have a boundary agreement for 23 that , but we have -- this Menard ' s area is very 24 nice , 34 . Depo Court Reporting Service ( 630 ) 983-0030 50 1 I ' m not sure why it needs to be 2 a residential area and why the focus on that and 3 why this group here is kind of restricted in that 4 way . They do need their entrances to get their 5 people in there . Unfortunately we are sending 6 them into residential areas . 7 I want to read a quote here 8 from -- it ' s a short quote -- Chicago Wilderness 9 magazine, spring of 2003 , and this was in regards 10 to the ecological survey that you had done . 11 I think it had to do with an 12 intercepter or septic or something like that 13 sewer pipe . 14 "We ' re not going to let 15 development dictate the character of Yorkville . 16 We are going to look at what the area ' s character 17 was 100 to 200 years ago and respect that to 18 become a community that people want to live in . " 19 I think the Cannonball area has 20 a lot of character . 21 That quote was by Tony Graff, 22 who I think was the city administrator a couple 23 years back. 24 And so I appreciate your time Depo Court Reporting Service ( 630 ) 983-0030 51 1 and I thank you for listening . 2 (Applause) 3 MAYOR PROCHASKA: This is a public 4 hearing, it will be over real quick . Is there 5 anyone else that would like to come and speak? 6 WHEREUPON : 7 NANCY DANFORTH, 8 testified before the Yorkville City Council as 9 follows : 10 MS . DANFORTH : Again, thank you for 11 letting us speak here . My name is Nancy Danforth 12 and I live on 11 Hickory Lane , and we did a lot 13 of research . We haven ' t been here long for 14 Hickory. Most people have been there for 40 15 years , we have only lived here four, but I want 16 you to know that we did look at your 17 Comprehensive Plans . 18 We looked at many, many homes 19 around the area, decided that Yorkville was the 20 place where we wanted to live . Looked at 21 Kennedy, saw your Comprehensive Plan, decided, 22 you know what? We really don ' t want to be across 23 from a development like that . 24 So we looked, we saw, we Depo Court Reporting Service ( 630 ) 983-0030 52 1 matched it up, and we made our decision based on 2 that . 3 I am a librarian, and so I do 4 my research, and I would just like to read a 5 quote from Crain ' s Chicago Business , and this 6 says , "The road to retail is not always smooth, " 7 and this is a quote by Mr . Filler, "Big box 8 retailers all want to be in the southwest 9 suburbs , " says Mr . Filler . "Communities want the 10 tax dollars from these retailers , but some don ' t 11 want the traffic and other issues . In fact , some 12 of these little towns are growing so fast they 13 don ' t know what they want . " 14 Show him that we have a 15 Comprehensive Plan for a reason and we know what 16 we want . 17 (Applause) 18 MAYOR PROCHASKA: Thank you . If you 19 do it again, it will be over . This is a public 20 hearing . 21 Is there someone else that 22 would like to speak? 23 WHEREUPON : 24 JOE STENGER, Depo Court Reporting Service ( 630 ) 983-0030 53 1 testified before the Yorkville City Council as 2 follows : 3 MR . STENGER : Joe Stenger . I live 4 at the corner of Cannonball and Amanda Trail , and 5 I just want to say that the big box retailers and 6 the whole other list of retailers will not go 7 away if you don ' t pass this . They are going to 8 come one way or another . 9 So it ' s your decision as to how 10 to make that fit into Yorkville well . So choose 11 wisely. That ' s all . 12 MAYOR PROCHASKA : Thank you . Is 13 there anyone else? Yes , ma ' am. 14 WHEREUPON : 15 NANCY ALTMAN, 16 testified before the Yorkville City Council as 17 follows : 18 MS . ALTMAN : My name is Nancy 19 Altman . I live in Kylyn ' s Ridge . We live right 20 where Beecher Road is going to go on the list , 21 and right now there is a farm that ' s for sale and 22 then I am trying to figure out how close Beecher 23 Road will be to our back yard . In this area it ' s 24 construction now I think . Depo Court Reporting Service ( 630 ) 983-0030 54 1 MAYOR PROCHASKA: At this point I 2 don ' t know that . The exact routing will be part 3 of -- the way that would work is when that 4 property develops , they will look at running that 5 road on that property . 6 MS . ALTMAN : So Beecher Road isn ' t 7 part of this whole development? 8 MAYOR PROCHASKA: It only goes up to 9 the end of their property, a little part of their 10 property right now . 11 MS . ALTMAN : Because we are right by 12 Faxon and Beecher right now, so I ' m just 13 wondering how close it will be to our yard . 14 MAYOR PROCHASKA : I don ' t know that 15 that ' s been determined yet . 16 MS . ALTMAN : Okay . Thanks . 17 MAYOR PROCHASKA: Anyone else? 18 (No response) 19 MAYOR PROCHASKA: Okay . Thank you 20 all for your comments . Are there any comments 21 from the Council? Rose . 22 MS . SPEARS : I do have several . 23 During the last public hearing, I did request a 24 copy of the traffic study from the traffic Depo Court Reporting Service ( 630 ) 983-0030 55 1 engineer and I did not receive it . 2 Is there a way that you could 3 see that I could get one? 4 MR. FILLER : Yes . 5 MS . SPEARS : And then also I would 6 like to address the issue regarding the police 7 station located on the property, and it appears S that a lot of people are of the opinion that our 9 police chief just selected that , just picked a 10 location out of a hat and thought that that would 11 be good, let ' s just put our department there . 12 I just want you all to know 13 that our police chief is highly educated and 14 trained in law enforcement , which includes 15 locations of police facilities , his officers , and 16 I think that he did give a lot of consideration 17 concerning this location, and it wasn ' t just a 18 whim. 19 Also, I think that I would 20 encourage your development or Cannonball League, 21 if you can collect enough money, I mean, that was 22 a great , great suggestion to put our police 23 station possibly near the post office and if you 24 can come up with the cash to purchase that land, Depo Court Reporting Service ( 630 ) 983-0030 56 1 I ' m certain our police chief or our police 2 department or the city would not refuse it , that 3 that ' s an excellent suggestion . 4 Also, regarding Game Farm Road, 5 if you remember that was way back when typically 6 residential and farm and then they had the 7 Beecher building . There were many citizens , 8 long-time residents , that fought to get that 9 building there . They worked very hard . 10 And then the schools were there 11 and then our police department , and I think that 12 that ' s a very good location for everything, and 13 once again remember, it was residential in the 14 area or farmland . 15 And I would also like to 16 address , I think that that was a very offending 17 statement saying that our police department does 18 not enforce traffic laws . 19 They do have various logs and 20 you ' re welcome to come to the police department 21 I ' m sure and ask for a copy of all the stops they 22 do and everything that they do do , and I think 23 that they are highly regarded . 24 The Yorkville Police Department Depo Court Reporting Service ( 630 ) 983-0030 57 1 is one of the finest departments in all the 2 communities . 3 And then also the last public 4 hearing there was a suggestion to locate the 5 police station on a main street . They thought 6 that that would be really great . 7 Well , I don ' t know if any of 8 you -- and Z would encourage you to maybe go to 9 some of our surrounding communities , and their 10 police station stations are located on a main 11 street . 12 You cannot get into that police 13 station even if you just went in there as a 14 citizen and wanted to file a report or anything . 15 You cannot get in there easily 16 and you cannot get out easily . To me it is just 17 a hazard to locate a police department there . 18 And as far as having our police 19 stations all on one side of our town , there are 20 satellite stations that are probably going to be 21 in the very near future that could be in other 22 areas of the town, south side of the town or 23 whatever, and as we grow, we can have outflow 24 service police stations as well, and I would just Depo Court Reporting Service ( 630 ) 383-0030 58 1 like to address the comments that I heard . Thank 2 you . 3 MAYOR PROCHASKA: Any other? Yes , 4 ma ' am. Alderman Burd . 5 MS . BURD: Just a few questions . 6 I ' d like to point out , too, that Alderman Spears 7 is Chairman of the Public Safety Committee and 8 that ' s why she would specifically be interested 9 in addressing those questions on the police 10 department because she is very knowledgeable 11 about that subject and has spent many years 12 dealing with police issues . 13 As far as the locations of the 14 stores along Cannonball Trail , I had a question 15 for the developer . 16 Could you explain to me why you 17 decided to put all those stores there instead of 18 putting the stores along the Beecher Road side 19 and putting the townhomes on the Cannonball side? 20 Again, was it basically the 21 topography or did you -- 22 MR . FILLER: Mostly just the 23 configuration . Once again -- and you ' ve done a 24 fine job of just the recent construction on the Depo Court Reporting Service ( 630 ) 983-0030 59 1 restaurants , and I look at the construction of 2 those where they do have a commercial feel , with 3 the type of materials , the stone , the lighting, 4 the ambient lighting on them, and the landscape 5 around them are very appealing, and, two, to 6 suggest -- and also, when you are doing those 7 outlot type of developments , what you are doing 8 is creating basically a house , open area , 9 landscaping, a house , you know, the structures , 10 and so you don ' t end up with this big wall . 11 What you are ending up with 12 here is staggered development , staggered 13 restaurants , undulating berms . 14 Once again, the buildings 15 themselves will protect the parking lot lighting, 16 and when you stagger the buildings , when the berm 17 comes up, it protects you once again, so it ' s the 18 most appropriate thing -- My answer would be it ' s 19 the most appropriate thing to do . 20 MS . BURD : Well , where is the 21 dumpsters going to be? I don ' t see a service 22 road or an area for dumpsters . 23 MR . FILLER: What will happen in 24 those green areas , they will be stealth type of Depo Court Reporting Service ( 630 ) 983-0030 60 1 developments , meaning they will be serviced 2 within -- 3 MS . BURD : Is this going to be like 4 Geneva Commons? 3 MR. FILLER : What we did create -- b What we did here, we created basically an 7 interior drive here . We don ' t want people coming 8 out , going in, all this type of stuff . 9 All of these restaurants and 10 outlot developments will be from the interior and 11 they will be connected in here to -- the garbage 12 cans will be enclosed . 13 It will follow the same type of 14 development that you require these small type of 15 restaurants in your village . 15 Once again, the most recent one 17 in front of Menard ' s . Beautiful architecture , if 18 you look at the dumpster, it ' s the same type of 19 development . 20 MS . BURD : Our appearance ordinance 21 said that anything facing roads have to have a 22 front facade on it , it doesn ' t -- you can ' t have 23 dumpsters facing roads , isn ' t that correct? Are 24 you following that? Depo Court Reporting Service ( 630 ) 983-0030 61 1 MR. FILLER : Yes . We will follow 2 all those types of things . 3 MS . SURD : So I want to alleviate 4 the residents ' concerns about that . 5 MR . FILLER: Yes . Those will be in 6 the development , along the sides of the 7 buildings , in the enclosures , and architecturally 8 hidden . 9 MS . BURR : So you are saying it will 10 be an attractive looking facility that won ' t be 11 as overwhelming as maybe townhouses all along 12 there? 13 MR. FILLER : Right . Right . 14 MAYOR PROCHASKA : Anything else? 15 MS . BURD : I ' d like to know about 16 the water feature . Somebody had said this was 17 going to be like a brook or something running all 18 through there . 19 Is that correct? Or is that 20 dust going to be a fountain? Or what is that 21 going to be? 22 MR. FILLER : Do you want to address 23 the Town Center? Oh, I ' m sorry . I can address 24 the Town Center . Depo Court Reporting Service ( 630 ) 983-0030 62 1 I mean, yeah, that would be the 2 intent , to create along -- or, you know, the 3 boulevard, especially the boulevard at the end to 4 the restaurants and then basically a reflecting 5 pond . 6 You know, will this be a 7 running brook? It could be . But the idea there S along that boulevard will be very high grade type 9 of architecture, landscaped architecture, 10 boulders . 11 Don ' t we have shown examples of 12 a running creek? That could be also . So , yes , 13 it was our intent to create a very serene 14 downtown type of area . 15 MS . BURD : And my final question is 16 somebody had brought up trees along Cannonball . 17 Are there any major trees along I8 here that could in any way be saved, concerns 19 about any of those types of things? 20 MR . FILLER: There are no existing 21 trees on our side of the street . 22 MS . BURD : So that was not -- 23 MR . FILLER: Once again, the 24 expansion of Cannonball , it was mentioned that Depo Court Reporting Service ( 630 ) 9830030 63 1 that was going to go to three lanes . 2 Well, it is going to go to 3 three lanes . That ' s part of the development . 4 But the expansion is going to be on the west side 5 of Cannonball Trail onto our property, so 6 that the east line of Cannonball will be not 7 impacted . S MS . BURD : Okay . So mainly this 9 area was corn fields , and it was not out of 10 the -- they were discussing along Cannonball 11 Trail farther down the road where you do get into 12 the woods . 13 MR . FILLER: Correct . It ' s 14 cornfield and the landscaping and the trees and 15 the berms and all the type of improvements that 16 would we will be making will be greatly enhancing 17 west of the street with landscaping . IS MS . BURD: One other question if I 19 could, I notice -- I shop a lot . I drive up to 20 Geneva Commons area and go shopping, and they 21 back up to residential areas , and I don ' t notice 22 a lot of traffic going on these residential 23 roads . 24 People who are unfamiliar with Depo Court Reporting Service ( 630) 983-0030 64 1 an area stick to the boulevards and the open 2 roads . 3 I haven ' t seen the traffic 4 study either, but I am wondering, can you verify 5 that that ' s the case usually? 6 Because I don ' t see people just 7 driving off in subdivisions that they don ' t know 8 how they end up . 9 MR . FILLER : Well, I ' ll have -- At 10 our next meeting I ' ll have KLOA come in and 11 perhaps talk more indepth to traffic, but you are 12 correct . 13 When we narrow these streets 14 down to residential streets -- and I know when I 15 go shopping, my wife goes shopping, we don ' t 16 drive through residential streets zigzagging 17 through to get to a store , you go into your 18 commercial arteries and you make those movements . 19 They are straight lines , stoplights , and you go . 20 So I -- 21 MS . BURD : Because most people 22 coming in aren ' t familiar with streets , the city 23 streets . 24 MR. FILLER : The only people that Depo Court Reporting Service ( 630 ) 983-0030 65 1 would use the residential streets to get into a 2 shopping center are the residents in the area . 3 MS . BURD : That ' s what I would have 4 guessed . I have no other questions . 5 MAYOR PROCHASKA: Is there anyone 6 else? Joe . 7 MR . BESCO : The one question I have 8 is the cul-de-sac in the northwest corner . 9 Wouldn ' t that make -- Yes . Wouldn ' t that make a 10 little more sense to connect that to Beecher 11 Road? 12 MR. FILLER: It will . That ' s a 13 temporary cul-de-sac until that portion of 14 Beecher is built . Once it ' s built , that will 15 connect . 16 MR. BESCO : So that should 17 alleviate some of the pressures . 18 MAYOR PROCHASKA: Big signs at the 19 road that says this will continue . 20 MR . FILLER: Yes . 21 MS . SPEARS : How big is the sign? 22 MR . FILLER: As big as you can get . 23 MAYOR PROCHASKA: Anyone else? 24 Paul? Depo Court Reporting Service ( 630 ) 983-0030 66 1 MR . JAMES : No . 2 MAYOR PROCHASKA: Dean, do you have 3 any questions? 4 MR . WOLFER : No . 5 MR . MUNNS : Yeah . Actually just a 6 couple questions . Actually I live west of this 7 in Fox Hill . We have 20 , 000 cars already going S east and west by Fox Hill . Cars need to get out 9 of my subdivision . 10 I appreciate the comments on 11 Beecher Road . A couple years ago I felt we don ' t 12 need another road there , we ' ve got Eldamain and 13 everything else, but there ' s really no place for 14 this traffic to go . 15 The only way we ' re going to get 16 to that is by getting some tax dollars from 17 commercial and retail to build the four-lane 18 roads because , again, if nothing happens , I ' m 19 still not going to be able to get out of my 20 subdivision, so the residents out there 21 understand this, and everybody wants Kohl ' s and 22 Target , but it ' s got to go somewhere . 23 So it ' s a very tough decision 24 for everybody, but again, you need to do one Depo Court Reporting Service ( 630 ) 983-0030 67 1 thing before you get to the other thing . 2 If we don ' t have the tax 3 dollars from commercial and industry, we ' re never 4 going to expand 34 and 47 and Beecher and all 5 these other roads that we will need or we ' re 6 going to have gridlock in a few years, so we ' ve 7 got to take a step somewhere . 8 Again, is this the best , you 9 know, thing for everybody? No . But it ' s , you 10 know -- it ' s as close as we ' re going to get I 11 think at this point , so . . . 12 MAYOR PROCHASKA: Anyone else? 13 Mr . Bock . 14 MR. BOCK : Yeah, I share the 15 concerns of the citizens in Kylyn ' s Ridge and I 16 will even state for the people in Kylyn ' s 17 Crossing, or Cannonball Trail Estates , depending 18 on what you hear, and then the Comprehensive 19 Plan, I think when the city comes out with one 20 and states that ' s what we ' re going to build and 21 then you do something different , it engenders 22 some feelings of being betrayed by the people 23 because they expected it when they invested their 24 hard-earned money to have something that complied Depo Court Reporting Service ( 630 ) 983-0030 68 1 basically with it , and in my estimation , this 2 doesn ' t do that . 3 I think it could do it if , in 4 their very first proposal, Mr . Filler in the -- 5 before the Plan Commission, before anything was 6 done, the picture showed single-family homes all 7 along the northern edge of the property and 8 immediately adjacent to the northern edge of the 9 detention pond, they showed single-family homes . 10 Then they went and put in a bunch of townhomes . 11 So it seems to me that they 12 could easily go back to that plan that was their 13 first plan and reduce it to single-family homes . 14 They ' d still be more than in 15 compliance with it . They ' re never going to be in 16 total compliance . 17 I agree with Mr . Munns that -- 18 you know, to say it has to go somewhere , yeah, it 19 could go a lot of places . 20 I think this is not a bad idea , 21 I think everybody is in agreement , at least all 22 the people in Kylyn ' s Ridge and Kylyn ' s Crossing 23 that I ' ve talked to, are in favor of the 24 subdivision -- or the Marketplace, it ' s just the Depo Court Reporting Service ( 630 ) 983-0030 69 1 ratio of single-family homes and multi-family 2 homes . 3 If you could reduce the 4 multi-family homes , I think you would garner a 5 lot of support , and I don ' t think it would be 6 that hard to do . 7 As far as the police department 8 going where it is , you know, the police chief 9 like -- I totally agree with Alderwoman Spears . 10 He knows what he ' s doing, and if he wants it 11 there , I think it ' s a good idea . 12 He ' s going to be in my back 13 yard . He can come to coffee . I would love to 14 have a police officer around. Not that I worry 15 about the crime in Yorkville, but police officers 16 are good neighbors , police stations are good 17 neighbors . I have no problem with that 18 whatsoever . 19 And one other thing, trying to 20 agree with Alderwoman Spears , when you make a 21 comment and you come to the podium and then 22 you -- for whatever reason, whether you are into 23 it emotionally or whatever, you make a comment 24 that the police don ' t enforce laws , doesn ' t serve Depo Court Reporting Service ( 630 ) 983-0030 70 1 your issue well . 2 Another one that doesn ' t serve 3 your issue well was when I believe it was 4 Mr . Wadsworth came up, and after he gave a very 5 eloquent and detailed reason why he didn ' t want 6 it , he went on to say that if we didn ' t comply 7 with him, with his wishes , there was going to be 8 some unpleasant actions . 9 1 don ' t respond well to 10 threats . That ' s all I have to say . 11 MAYOR PROCHASKA: Okay . The only 12 thing I would like to add to this is that I think 13 we ' ve gotten a lot of good comments here this 14 evening, and some of these things can be worked 15 through and maybe some of them can ' t . 16 I think the Council does 17 listen, and I -- and you echo the words of IS everyone else, this Council does listen to people 19 and we can -- I can show you instances where 20 things have been moved because of what people 21 have said . 22 So we do look at those issues 23 before anything goes any further, and I believe 24 the developer has got a sense of where people are Depo Court Reporting Service ( 630 ) 983-0030 71 1 sitting, too, and what kinds of things are being 2 looked at . 3 I suggest that when we bring 4 this back it will be something that we can work 5 with . 6 And I appreciate everybody ' s 7 comments and I appreciate the fact that everyone 8 took the time to be here this evening to give us 9 those comments because without that -- one thing 10 I want to point out very vividly is this is not 11 an approved preliminary plan . That ' s what the 12 public hearing was for . That ' s why you ' re here . 13 That ' s why you ' re giving comment . 14 Now, can I say that every 15 comment you say will be addressed exactly? No . 16 I ' ve heard some conflicting comments here 17 already, so there will be -- I think they will 18 all be taken into account and I think the project 19 will continue on with those comments and we ' ll 20 see what we can get worked out with it . 21 So with that , if there is no 22 other comments from the Council , I would 23 entertain a motion to close the public hearing . 24 MR . MUNNS : Moved . Depo Court Reporting Service ( 630 ) 9830030 72 1 MS . KURD : Second . 2 MAYOR PROCHASKA: Moved and 3 seconded . Roll call, please . 4 MS . MILSCHEWSKI : Wolfer . 5 MR . WOLFER : Aye . g MS . MILSCHEWSKI : James . 7 MR. JAMES : Aye . g MS . MILSCHEWSKI : Munns . 9 MR . MUNNS : Aye . 10 MS . MILSCHEWSKI : Burd . 11 MS . BURD : Aye . 12 MS . MILSCHEWSKI : Spears . 13 MS . SPEARS : Aye . 14 MS . MILSCHEWSKI : Bock . 15 MR. BOCK : Aye . 16 MS . MILSCHEWSKI : Besco . 17 MR . BESCO : Aye . 18 MAYOR PROCHASKA: Motion is carried. 19 Next is a public hearing, I 20 would entertain a motion to go into public 21 hearing for the discussion of PC 2005--44 , 22 Donald E . Schramm and Standard Bank & Trust as 23 Trustee under a certain agreement dated 4-01-04 , 24 and known as Trust 18130 , petitioners , request to Depo Court Reporting Service ( 630 ) 983-0030 73 1 annex to the United City of Yorkville and rezone 2 from Kendall County A-1 Agricultural to United 3 City of Yorkville Planned Unit Development zoning 4 to allow uses permitted in commercial office and 5 residential districts , and for hearing as to the 6 annexation agreement of petitioner . 7 The real property consists of 8 approximately 182 . 25 acres at 9338 Bypass 30 , 9 Bristol Township, Kendall County, Illinois . 10 MR. MUNNS : So moved . 11 MR. BOCK: Second . 12 MAYOR PROCHASKA: Moved and 13 seconded . May I have roll call, please? 14 MS . MILSCHEWSKI : Besco . 15 MR . BESCO : Aye . 16 MS . MILSCHEWSKI : Wolfer . 17 MR . WOLFER : Aye . 18 MS . MILSCHEWSKI : James . 19 MR . JAMES : Aye . 20 MS . MILSCHEWSKI : Munns . 21 MR. MUNNS : Aye . 22 MS . MILSCHEWSKI : Burd . 23 MS . BURD : Aye . 24 MS . MILSCHEWSKI : Spears . Depo Court Reporting Service ( 630 ) 983-0030 74 1 MS . SPEARS : Aye . 2 MS . MILSCHEWSKI : Bock . 3 MR. BOCK: Aye . 4 MAYOR PROCHASKA: Motion is carried . 5 MR . MILLER : Your Honor, Travis 6 Miller, Community Development Director , on behalf 7 of the petitioner presenting the annexation a agreement tonight . I will be available to answer 9 any questions about that . 10 To go over some of the 11 background of the case, first of all , this 12 property was -- the property owner was contacted 13 by the United City of Yorkville . This is 14 approximately 180 acres on the northeast corner 15 of Route 47 and U . S . 30 to the north . 16 This is contiguous by way of 17 the Centex Development, Bristol Bay, to the 18 south . 19 The Plan Commission did conduct 20 a public hearing for annexation and rezoning , and 21 on July 12th, did make a motion to unanimously 22 recommend annexation of this property following 23 that public hearing as part of their actions . 24 As stated by the Mayor in the Depo Court Reporting Service ( 630 ) 983-0030 75 1 description, this property is currently zoned in 2 Kendall County A-1 , and the concept plan you see 3 presented here shows the configuration of the 4 submittal , and upon Staff review, further review 5 of this , it does substantially comply with the 6 recommendations of the Comprehensive Plan for 7 this area, in this portion of the planning area 8 of the United City of Yorkville , so with that I 9 can answer any questions . 10 MAYOR PROCHASKA: Is there anyone 11 that would like to make comment or ask questions 12 about this development? 13 (No Response) 14 MAYOR PROCHASKA: Hearing none, is 15 there any comments from the Council? 16 (No response) 17 MAYOR PROCHASKA : I ' d like to make 18 one comment if I could. I know it doesn ' t show 19 it on the drawing, Travis , but I think again we 20 want people to realize that that property 21 actually does cross Route 47 . 22 One of the reasons that this 23 was of interest to the city is we do have 24 commercial areas that are annexed and now zoned Depo Court Reporting Service ( 630 ) 983-0030 76 1 across Route 47 there , and we are looking to get 2 that whole property up to the highway annexed, 3 and as we are looking at -- I believe somebody 4 earlier this evening talked about widening 47 . 5 We are still in discussions S with developers on looking at doing some front 7 money to get a development of the widening 8 project started on the north side of Route 47 , 9 but I think it ' s important that that entire piece 10 of --- it will be in the city if we are going to 11 work with people to try and widen it . 12 So that was the premise , to try 13 and get the -- ask people if they were interested 14 in annexing, they have been for several years , 15 and they have come forward with a plan that you 16 see . 17 Travis , just for the record, 18 though, they do show a portion there is 19 requesting a special use . 20 You are not recommending that 21 we grant a special use as part of the conceptual 22 plan . 23 MR . MILLER: That ' s correct . I 24 didn ' t get into those details because tonight ' s Depo Court Reporting Service ( 630 ) 983-0030 77 1 public hearing just for annexation, but coming as 2 part of the Plan Commission -- excuse me, Plan 3 Commission public hearing did include the concept 4 PUD, so as this moves forward, the annexation 5 moves forward, we have EDC COW next week . 6 Coupled with the annexation will be a concept 7 plan . 8 So just to give you a little 9 bit of background on that , the Staff 10 recommendations have -- the concept PUD plan does 11 recommend that the gas station not be part of the 12 concept plan approval . 13 Gas stations , as you are aware , 14 are approved as special uses . They are a lowed 15 by B-3 zoning classification, the underlying 16 zoning of this PUD for this area ; however, 17 typically with a special use there is a user , an 18 end user in mind in more detail, know what the 19 parameters of the property are going to be , know 20 what the size of that use is going to be . 21 The purpose of the special use 22 by design is to allow the city to assign the 23 property owner things like buffering treatments , 24 screening treatments , treatment of the property Depo Court Reporting Service ( 630 ) 983-0030 78 1 that are more specific than a concept plan speaks 2 to . 3 So a Staff recommendation 4 cannot be part of a concept plan approval ; 5 however , keep in mind it would be a permitted use 6 within the land uses that are being approved by 7 the concept PUD . g In the event the property owner 9 wanted to develop that as a filling station or 10 gasoline service station, they would need to go 11 through the appropriate procedures to request for 12 a special use at that time . 13 MAYOR PROCHASKA: Okay . And I 14 believe you are also looking at standards for the 15 Yorkville -- 16 MR . MILLER: That was discussed at 17 EDC last week and I have not incorporated those 18 into the draft annexation agreement , but prior to 19 COW next week, that will be in there . 20 It will be similar language 21 with the Kendall Marketplace in terms of the 22 development agreement and increased architectural 23 standards for the residential components of this . 24 MAYOR PROCHASKA: Okay . Any Depo Court Reporting Service ( 630 ) 9830030 79 1 comments , questions? 2 (No Response ) 3 MAYOR PROCHASKA: Hearing none then, 4 I would entertain a motion to close the public 5 hearing . 6 MS . BURD : So moved . 7 MR . BOCK: Second . 8 MAYOR PROCHASKA: Moved and 9 seconded . May I have roll call, please? 10 MS . MILSCHEWSKI : Wolfer . 11 MR . WOLFER : Aye . 12 MS . MILSCHEWSKI : James . 13 MR . JAMES : Aye . 14 MS . MILSCHEWSKI : Munns . 15 MR . MUNNS : Aye . 16 MS . MILSCHEWSKI : Burd . 17 MS . BURD : Aye . 18 MS . MILSCHEWSKI : Spears . 19 MS . SPEARS : Aye . 20 MS . MILSCHEWSKI : Bock . 21 MR . BOCK: Aye . 22 MS . MILSCHEWSKI : Besco . 23 MR. BESCO: Aye . 24 MAYOR PROCHASKA: Motion is carried . Depo Court Reporting Service ( 630 ) 983-0030 80 1 Next public hearing, item 2 number 3 , 1 would entertain a motion to go to 3 public hearing for the discussion of PC 2006-43 , 4 ocean Atlantic-Chicago, LLC, Michael and Tamara 5 Rosenwinkel , Howard and Rebecca Rosenwinkel , 6 Timothy and Mark Rosenwinkel , John Rosenwinkel , 7 estate of Angeline Schultz by Rosemary Svanovick 8 and Fred Schultz, estate of Mildred Hankes by 9 Lawrence Hankes and Rita Rios , Katherine Schultz , 10 Feltes Sand and Gravel Company, an Illinois 11 corporation, Nelson Land Company, an Illinois 12 corporation, and Larry Willis , and Gary L . 13 Bennett and Betty Bennett, petitioners , request 14 to annex to the United City of Yorkville and 15 rezoning from Kendall County A-1 Agricultural to 16 United City of Yorkville Planned Unit Development 17 zoning to allow uses permitted in the R-2 18 One-Family Residence, R-4 General Residence and 19 B-3 Service Business Districts and for hearing as 20 to the annexation agreement of petitioner . 21 The real property consists of 22 approximately 748 . 64 acres directly west of 23 Route 47 , south of Galena Road and north of 24 Corneils Road, Yorkville, Kendall County, Depo Court Reporting Service ( 630 ) 983-0030 81 1 Illinois . 2 MR . BOCK : So moved . 3 MR . MUNNS : Second. 4 MAYOR PROCHASKA: So moved and 5 seconded. May I have roll call , please? 6 MS . MILSCHEWSKI : Besco . 7 MR . BESCO : Aye . 8 MS . MILSCHEWSKI : Wolfer . 9 MR. WOLFER: Aye . 10 MS . MILSCHEWSKI : Munns . 11 MR. MUNNS : Aye . 12 MS . MILSCHEWSKI : Burd . 13 MS . BURD : Aye . 14 MS . MILSCHEWSKI : Spears . 15 MS . SPEARS : Aye . 16 MS . MILSCHEWSKI : Bock. 17 MR . BOCK : Aye . 18 MAYOR PROCHASKA : Motion is carried, I9 and now in public hearing . Mr . Kramer? 20 WHEREUPON : 21 DANIEL J. KRAMER, 22 testified before the Yorkville City Council as 23 follows : 24 MR . KRAMER : Good evening, Mayor . I Depo Court Reporting Service ( 630 ) 983-0030 82 1 didn ' t know if you wanted to swear us for public 2 or PUD . 3 MAYOR PROCHASKA: I am told at City 4 Council meetings you do not need to do that . 5 MR . KRAMER: Just so we ' re clear on 6 the record . For the record, Daniel J . Kramer . 7 My address is 1107A South Bridge Street , from 8 Yorkville, Illinois . I am representing the 9 multiple petitioners in this case . 10 MR. WARNER: Can we swear in for our 11 public annexation agreement? 12 MAYOR PROCHASKA: If you want to . 13 MR . WYETH : Whatever . 14 MR. WARNER : If that ' s okay, if you 15 could . 16 MAYOR PROCHASKA: Plan Commission 17 they do, but they are not -- 18 MR . WARNER: But this annexation 19 agreement is a public hearing . 20 MAYOR PROCHASKA : If you like , 21 that ' s fine . Stand and repeat after me . 22 (Witnesses sworn) 23 MR. KRAMER: You did well , Mayor, 24 after all . Depo Court Reporting Service ( 630 ) 983-0030 83 1 MR. WARNER: Thank you . 2 MR . KRAMER: I ' ll try to paint a 3 word picture issue with Mr . Wolfer not here , 4 although I know he ' s been at a number of Plan 5 Commission meetings as this has progressed 6 through the system . 7 As the Mayor read, we are 8 seeking to annex the property that ' s been talked 9 about as the Westbury development in conjunction 10 with two other parcels , one the original Undesser 11 parcel that ' s called East Village, another one 12 called the Mike and Tammy Rosenwinkel parcel 13 south of Corneils Road called the South Village 14 that are already annexed . 15 So part of the annexation 16 agreement addresses certain changes or 17 restatements and those agreements , and then seeks 18 to annex the other three villages that are shown 19 on the board to my left as a unified Planned Unit 20 Development agreement with a golf course, a 21 high-end retail center, and then a multi-use 22 residential facility . 23 We went through an extensive 24 public hearing at the Plan Commission. We had Depo Court Reporting Service ( 630 ) 983-0030 84 1 good questions from the Plan Commission members . 2 1 believe your Staff recorded 3 the Plan Commission unanimously recommended 4 annexation . They recommended the PUD zoning for 5 the property and they recommended approval of the 6 concept plan . 7 The annexation agreement that 8 the hearing is on tonight is in a very draft 9 stage yet . We have gone through with Staff and 10 exchanged comments . 11 1 think the highlights of it 12 again guarantee to the city the construction of 13 the golf course we have talked about ; it also 14 provides a funding mechanism, the developer has 15 committed to pay over $5 , 000 , 000 for the 16 improvement of Route 47 , so we are happy to hear 17 the mayor in the previous hearing indicate that 18 you are committed to working with all the 19 developers in that area because we know we ' ve got 20 three who have committed to the city in writing 21 and made the offer to fund those Route 47 22 improvements . 23 We have also guaranteed the 24 obligation on the outflow sewer plan for the east Depo Court Reporting Service ( 630 ) 983-0030 85 1 side of the property, and I think the third leg 2 of the school over and above what ' s required by a 3 developer, that ' s crucial, is that we ' ve met with 4 the Yorkville School District and, again, we have 5 committed to front fund or fund with Dr . Engler b the construction of a school , not just the school 7 site that ' s previously been agreed to on East 8 Village . 9 So with that , we ' re happy to 10 answer any questions that neighbors or audience 11 members have or the City Council does , and we are 12 anticipating coming back at COW next week and 13 having rather extensive discussions , and I think 14 Staff is preparing a detailed memo of the list of 15 what we all agree on and the few minor points 16 that we ' ve got to get settled. 17 MAYOR PROCHASKA: Okay . At this 18 time is there anyone that would like to come 19 forward and ask questions or give testimony on 20 this public hearing? 21 (No Response) 22 MAYOR PROCHASKA: Hearing none , I 23 would ask -- 24 WHEREUPON : Depo Court Reporting Service ( 630 ) 983-0030 86 1 DAVID WARNER, 2 testified before the Yorkville City Council as 3 follows : 4 MR . WARNER : There is one other 5 thing that I would just add . David Warner, 6 Freeborn & Peters . 7 Just to add to your list , 8 also talked to Ocean Atlantic earlier this week 9 and Travis had suggested that there be a 10 contribution for a hundred thousand to fund the 11 Western Corridor Roadway Study, and there 12 shouldn ' t be any problem with that, too , for 13 that . 14 MAYOR PROCHASKA: Okay . Thank you . 15 Is there any comments from any of the Council 16 members? Rose . Alderman Spears . 17 MS . SPEARS : First of all , I ' d like 18 to say that I am really pleased what you are 19 doing with the school district and everything and 20 I think that maybe we should -- 21 ( interruption) 22 MS . SPEARS : I ' ll have a cheese 23 burger and an order of fries . 24 I would just like to give Depo Court Reporting Service ( 630 ) 983-0030 87 1 Alderwoman Burd a little bit of credit here as 2 far as doing the school -- Well , I ' m sorry, you 3 are just stuck in the background . 4 She is the one that originally 5 got Dr . Engler with the Grande Reserve people and 6 development and pursued that so they would go 7 ahead with the schools because she realized there 8 was a problem there, and I think it ' s great that 9 all other developments are following suit , and 10 that was one point . 11 And the other point is is Ocean 12 Atlantic going to be addressing the park board 13 concerns that they recently brought up? 14 Because I was a little 15 disappointed in the small parks that they were 16 proposing . It would be very costly to the city 17 to maintain those parks , and I ' m sure that you 18 would be readdressing that and investigating 19 that . 20 MR. KRAMER : I think I can give you 21 some general approaches to it , Rose . We met with 22 the full park board last Thursday night , and 23 knowing that Mr . Mogle was going to be on 24 vacation that night , we actually did a Staff Depo Court Reporting Service ( 630 ) 983-0030 88 1 meeting and he made sure he had a board of 2 representative the week before , so we got both 3 Staff report and we ' ve got park board input , and 4 I thought the meeting last Thursday was very 5 productive . 6 Number one , Chris Rollins is 7 the chairman, really kind of spoke for the group , 8 and he said the focus we would like you to do is 9 the small neighborhood pocket parks , we ' re very 10 much in favor of them, but we would like those to 11 be an association or a privately owned, open to 12 the public, not restricted to just the Ocean 13 Atlantic residents . 14 So I think the general theme 15 will be those smaller pocket parks will 16 definitely still go, we think they ' re a great 17 idea and a great amenity, but they will be both 18 financed, developed and maintained by the 19 developers . 20 Chris said the board would 21 definitely like to see the parks that are going 22 to be municipal owned be larger areas and he 23 really complimented Craig Stevens , who is our 24 planner, who is here tonight if you have any Depo Court Reporting Service ( 630 ) 983-0030 89 1 questions , in that they had a theme to all the 2 parks . 3 It was kind of uniform in terms 4 of the architecture , not necessarily saying the 5 park equipment all had to be this one brand or 6 whatever, but Chris complimented them in that , 7 said look, you are the first developer that ' s 8 come in and did the whole thing, so it will be 9 all the same thing, and we are in favor of that . 10 The major item of discussion 11 that we ' re going to have in the negotiation 12 process is , again, amount of them . We don ' t have 13 the acreage that you would generally have in your 14 formula, but what we indicated to the park board 15 is they would like to fully amenitize all the 16 parks . 17 In other words , rather than the 18 city as a whole having to fund building out of 19 the parks , maybe not have quite as many acres of 20 public parks , but everything be turnkey operation 21 that is totally built with the development, so 22 you would never have a patch of grass that ' s just 23 sitting and waiting for funding . 24 The final leg of the journey Depo Court Reporting Service ( 630 ) 983-0030 90 1 was the discussion of the clubhouses ; in other 2 words , there is going to be one huge master 3 facility in relation to the golf course that will 4 be limited to residents of the communities and 5 members of the golf course itself, and then there 6 is a number of neighborhood clubhouses that are 7 scattered throughout that again will take the 8 place of some of the city parks in the sense that 9 they will be fully amenitized as well, and they 10 will be for just the residents , but again, you 11 won ' t have necessarily the strain on public parks 12 because they will be providing private 13 containment with it . 14 So hopefully that answered your 15 questions , that we are going at it from two 0.- 16 three different directions . 17 MS . SPEARS : Okay . And also I was 18 told that Ocean Atlantic requested a ten-percent 19 credit for the Commonwealth Edison easement . 20 MR . KRAMER: They did, and actually 21 Chris thought that was very creative . He didn ' t 22 necessarily say he would agree to 10 or 15 or 20 , 23 but they gave a chart , and again, we tried to say 24 if we did this in this area , would you give us Depo Court Reporting Service ( 630) 983-0030 91 1 this percentage of credit . 2 And basically, you know, he 3 said the proof is going to be in the pudding . 4 First you convince ComEd to let us use it and 5 then if you can come up with programs that 6 dovetail into that area, because that ' s quite a 7 wide area, it ' s not just a little area of strip 8 with towers running through it , and you put the 9 improvements in it , then we ' ll talk, so -- 10 MR . WARNER : I have an update on 11 that, too . I talked to Ocean Atlantic , too, when 12 I saw the chart . 13 MAYOR PROCHASKA: State your name . 14 MR . WARNER: I ' m sorry . David 15 Warner, Freeborn & Peters . When I saw the chart 16 and I said but , you know, that ComEd ten percent , 17 good luck getting it from ComEd, better just take 18 it off, and they agreed, so we are not going to 19 seek anything for the ComEd change . 20 MS . SPEARS : Okay . And also I have 21 been informed that you were asking a 15-percent 22 credit for the private golf course, 24 acres ? 23 MR . KRAMER : Well , again , there is a 24 whole list of them like that, Rose, that they Depo Court Reporting Service ( 630 ) 983-0030 9 1 have requests , and the park board said they would 2 consider those . They didn ' t give us final 3 answers on anything yet . 4 So , I mean, if you go up and 5 down the chart, they literally said for the golf 6 course would you give us this , for a clubhouse, 7 this particular percentage, and so on . 8 And as I ' ve said, Chris ' answer 9 from the park boa; was show us how it will 10 benefit the community as a whole, like, for 11 instance, they indicated for the golf course that 12 they would be amenable to using it as kind of a 13 training academy for junior golfers in 14 conjunction with park programs , and maybe make 15 the whole course for the high school team . 16 They said, you know, Blackberry 17 has been very generous giving us their course for 18 the high school team now, but when you see all 19 the units that are predicted and the school is 20 reserving a high school sit6 at the south, we are 21 probably going to have a second high school , and 22 I don ' t think we are very far behind talking to 23 some members of the community of a parochial high 24 school in town as well, so there will be a need Depo Court Reporting Service ( 630 ) 983-0030 93 1 for additional golf courses as a host range for 2 that . 3 So Chris told me if you can 4 show a me a public benefit , I ' m not saying what 5 percentage, we are willing to look at those . 6 And I do give kudos to Valerie 7 for the school work . a MS . KURD : I wanted to just clarify, 9 when you said you met with Chris Rollins , was he 10 representing the whole board or himself? 11 MR. KRAMER: No . When I said Chris , 12 he had most of the comments for the board that 13 night . In other words , it was a full board 14 meeting, but he was giving most of the input . 15 He was not the member who was 16 present when we had the Staff meeting with 17 Mr . Mogle . It was a different board member . 18 MS . BURD : I wanted to clarify that . 19 MR. KRAMER: He, again, by far was 20 the spokesman for the board that night , answering 21 and fielding most of the questions and looking to 22 his board members much like to narrow it for 23 input . They pretty much agreed. 24 MS . SPEARS : There was other board Depo Court Reporting Service ( 630 ) 983-0030 94 1 members that had concerns? 2 MR. KRAMER: Sure . Frankly, at that 3 meeting, at the board meeting, most of the 4 comments were from Chris , in all honesty . 5 MS . SPEARS : They need a governing 6 ordinance . 7 MAYOR PROCHASKA: Okay . Anything 8 else? Anyone else? 9 (No Response) 10 MR . KRAMER: We ' ll see you Tuesday 11 night . You should have the draft agreements , and 12 then, again, we are looking forward to Travis ' 13 report . 14 MAYOR PROCHASKA: There was one 15 other comment that I would like to make on this , 16 and it ' s when I am looking at the upgrades to 17 some of the standards , they seem to be a bit 18 watered down, you know, I know it ' s a little bit 19 less than what I started with as far as looking 20 at 21 MR . KRAMER: Oh, the architectural , 22 some of those . 23 MAYOR PROCHASKA : The architectural 24 standards , so I would like to see maybe some work Depo Court Reporting Service ( 630 ) 983-0030 95 1 with our Staff to see if we can upgrade that a 2 little bit . 3 And one of the other issues 4 that I know has been brought to us, actually 5 Alderman Wolfer brought this to my attention last 6 week, was the fire department, like the school 7 district , is in a bit of a crunch also , and I 8 know that the group is looking at the donation of 9 land, but there is also a cash value that goes 10 with that subdivision, and I ' d like to look at 11 the possibility of working some kind of a deal to 12 help them along as far as getting their building 13 built or equipment that they would need or 14 whatever they are going to need upfront with 15 that, because, again, it is far enough south 16 where it ' s going to create a bit of a draw on the 17 fire department , so I ' d ,.ke to see their needs 18 addressed also . 19 MR. KRAMER : Well , I think there is , 20 again, two areas we can look to do that ; one -- 21 and obviously we have to talk to the client 22 because this is a new issue, but one of those we 23 can discuss next Tuesday night is -- as , you 24 know, there is a transition fee that goes totally bepo Court Reporting Service ( 630 ) 983-0030 96 1 to the fire department for capital things , maybe 2 some sort of funding on it that ' s not a permanent 3 basis , but some sort of front funding . 4 MAYOR PROCHASKA: That ' s the kind of 5 thing we are looking for . 6 MR . KRAMER: And the other element 7 that we can look at doing, again, because we have S talked about Route 47 , $5 , 000 , 000 is not an 9 inconsequential sum and it doesn ' t just grow on 10 trees , we ' ve indicated that because we can show 11 that as our proportionate benefit of Route 47 and 12 an SSA that will work, we would have to show, 13 again, on a study what the percentage of benefit 14 is for whatever size fire department serving that 15 number of residents and businesses that are 16 located there , and it may be something that we 17 can work in the SSA as well . 18 But we ' ll talk to our client 19 before Tuesday night and have an answer for you . 20 MAYOR PROCHASKA: I would ask that 21 you also talk to the fire department and maybe 22 get some of their input on what they would be 23 looking for . 24 MR . KRAMER: Sure . Sure . Because , Depo Court Reporting Service ( 630) 983-0030 97 1 like I said, you can ' t just ask for the SSA as 2 Peter Raphael has told you repeatedly, that more 3 than benefits that development . 4 So let ' s say we were getting a 5 90 percent benefit, that ' s what we could put into 6 the SSA. 7 MAYOR PROCHASKA: All right . Anyone 8 else? 9 MR . KRAMER: Very good . 10 MR. MOGLE : Your Honor, may I just 11 ask Mr . Kramer in regard to the meeting, it was 12 my understanding that you would be coming back in 13 about 30 days, that ' s according to having 14 discussed that with the board -- 15 MR . KRAMER: Correct . 16 MR . MOGLE : -- individually when I 17 got back . 18 MR . KRAMER: That is correct . 19 Again, one of the things we indicated is that we 20 are in front of you on sort of this accelerated 21 process for three things , asking for annexation, 22 asking for the PUD zoning, and asking for 23 approval of the concept plan . 24 There will be a lot of devil in Depo Court Reporting Service ( 630 ) 983-0030 98 1 the detail at preliminary plat when you go to 2 hard line drawings , and we explained to the full 3 park board that we are going to be back there not 4 just once or twice, but numerous times . 5 MAYOR PROCHASKA: Okay . Is there 6 any other comments , questions? 7 (No Response) 8 MR. KRAMER : Thank you very much, 9 ladies and gentlemen, for the time . See you 10 Tuesday. 11 I entertain a motion to close 12 this public hearing . 13 MR. BESCO : Moved . 14 MS . SPEARS : Second . 15 MAYOR PROCHASKA : Moved and 16 seconded . May I have roll call , please? 17 MS . MILSCHEWSKI : Wolfer . 18 MR. WOLFER : Aye . 19 MS . MILSCHEWSKI : James . 20 MR . JAMES : Aye . 21 MS . MILSCHEWSKI : Munns . 22 MR. MUNNS : Aye . 23 MS . MILSCHEWSKI : Burd . 24 MS . BURD : Aye . Depo Court Reporting Service ( 630 ) 983-0030 99 1 MS . MILSCHEWSKI : Spears . 2 MS . SPEARS : Aye . 3 MS . MILSCHEWSKI : Bock . 4 MR. BOCK: Aye . 5 MS . MILSCHEWSKI : Besco . 6 MR . BESCO : Aye . 7 MAYOR PROCHASKA: Motion is carried . 8 (Which were all the 9 proceedings had in 10 the public hearing 11 portion of the 12 meeting . ) 13 ---000--- 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 530 ) 983-0030 100 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes_ so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my hand this \,- day of 16 71 f i 2006 . 17 18 19 i /f CHRISTINE M . VITOSH, C . S . R . 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 101 August 8, 2006 $5,000,000 84:15, 3524 21:19 47:18, 51:22, 76:1 83:17, 94:11 84:15, 84:15, 96:8, 4 34:24, 42:9, 45:5, actions 25:15, 70:8, Agricultural 3:10, 96:8, 96:8 76:8, 80:23, 84:16, 74:23 73:2, 80:15 '0 49:5 96:8 Actually 3:10, 9:10, ahead 87:7 '02 49:5 40 51:14, 97:5 9:16, 9:17, 9:22, Alderman 2:3, 2:4, ---oOo--- 99:13 47 15:16, 35:2, 44:9, 10:8, 12:8, 12:11, 2:5, 2:6, 2:7, 2:8, 084-002883 100:24 44:20, 46:7, 46:17, 13:18, 16:4, 19:13, 2:14, 58:4, 58:6, 10 90:22 46:19, 67:4, 74:15, 28:22, 38:10, 43:13, 86:16, 95:5 100 17:16, 19:10, 75:21, 76:1, 76:4, 66:5, 66:6, 75:21, Aldermen 4:22 50:17 84:21, 96:11 87:24, 90:20, 95:4 Alderwoman 69:9, 100-year 38:12 50 12:6, 45:20 add 12:11, 15:21, 69:20, 87:1 1004 34:5 50-foot 19:7, 31:1 70:12, 86:5, 86:7 Allegiance 3:1 11 51:12 618 14:11 added 9:10 alleviate 31:21, 61:3, 1107A 82:7 65 12:7 additional 8:9, 9:11, 65:17 1184 29:21 748.64 80:22 9:11, 93:1 allow 3:11, 10:10, 12th 74:21 7:00 1:9, 1:9 address 5:22, 14:11, 19:13, 26:15, 31:18, 15 90:22 800 1:9 28:19, 34:5, 40:13, 43:14, 73:4, 77:22, 15-percent 91:21 800,000 27:6, 27:6 48:20, 55:6, 56:16, 80:17 160 28:10 90 21:21 58:1, 61:22, 61:23, allowable 37:11 180 74:14 9338 73:8 82:7 allowed 12:11, 1813 72:24 addressed 5:8, 12:18, 46:7, 77:14 182.25 73:8 35:12, 71:15, 95:18 allows 9:12 193 3:17 <A> addresses 83:16 almost 6:1 196 36:11 A-1 3:10, 3:11, 73:2, addressing 58:9, already 22:1, 25:23, 2 90:22 75:2, 80:15 87:12 38:1, 45:18, 66:7, 20 8:1, 24:19 able 32:1, 42:14, adjacencies 34:1 71:17, 83:14 20,000 66:7, 66:7 66:19 adjacent 68:8 although 83:4 200 6:1, 45:9, 50:9, above 85:2 Administrator 2:9, ALTMAN 53:15, 50:17 above-entitled 1:7 50:22 53:18, 53:19, 54:6, 200-acre 8:5 absolutely 18:2, aforesaid 100:14 54:11, 54:16 2005-4 72:21 32:16, 32:23 afternoon 45:13 Amanda 37:1, 53:4 2006-3 3:7 academy 92:13 agenda 3:3 ambient 11:2, 59:4 2006-4 80:3 accelerated 97:20 ago 14:18, 29:23, amenable 92:12 2006. 100:18 access 6:7, 10:2, 39:10, 47:12, 50:17, amenities 33:21 24 91:22 11:16, 16:5, 19:12, 66:11 amenitize 89:15 260 23:22 38:21, 40:8 agrarian 18:23 amenitized 90:9 3 15:17, 31:2, 34:12, accomplished 12:12 agree 39:6, 68:17, amenity 88:17 46:8, 47:4, 73:8, 80:2 according 97:13 69:9, 69:20, 85:15, America 25:4 3.43 12:19 account 71:18 90:22 amongst 6:2 3.5 12:18 achieved 17:7 agreed 85:7, 91:18, amount 27:20, 31:9, 30 19:2, 21:3, 22:4, acre 12:18, 12:19 93:23 31:10, 31:14, 89:12 45:24, 74:15, 97:13 acreage 89:13 agreement 15:3, Angeline 80:7 30-some 25:6 acres 3:17, 6:1, 8:1, 49:22, 68:21, 72:23, Ann 2:8, 43:21, 44:1 3193 44:1 73:8, 74:14, 80:22, 73:6, 74:8, 78:18, annex 73:1, 80:14, 34 3:18, 10:3, 10:11, 89:19, 91:22 78:22, 80:20, 82:11, 83:8, 83:18 31:22, 42:1, 49:24, across 10:9, 15:10, 82:19, 83:16, 83:20, annexation 73:6, 67:4 22:9, 23:9, 23:10, 84:7 74:7, 74:20, 74:22, 36 22:4 23:20, 35:5, 45:6, agreements 26:15, 77:1, 77:4, 77:6, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 902 August 8, 2006 78:18, 80:20, 82:11, 62:9, 62:9, 89:4 68:12, 69:12, 71:4, 84:2 82:18, 83:15, 84:4, areas 7:7, 7:8, 8:8, 85:12, 97:12, 97:17, benefit 47:10, 92:10, 84:7, 97:21 8:11, 31:5, 38:8, 98:3 93:4, 96:11, 96:13, annexed 75:24, 50:6, 57:22, 59:24, background 74:11, 97:5 76:2, 83:14 63:21, 75:24, 88:22, 77:9, 87:3 benefits 97:3 annexing 76:14 95:20 backing 29:1 Bennett 80:13, 80:13 announcements around 11:3, 12:1, backs 28:1 berm 17:15, 19:8, 22:2 28:10, 38:22, 46:4, backyard 34:7 24:18, 59:16 answer 5:11, 40:12, 46:7, 51:19, 59:5, bad 32:19, 68:20 berming 12:23, 27:5 43:11, 47:22, 59:18, 69:14 Bank 44:10, 72:22 berms 20:11, 26:13, 74:8, 75:9, 85:10, Art 31:23 barracks 46:17 27:4, 59:13, 63:15 92:8, 96:19 arteries 64:18 barrelling 41:23 BESCO 2:7, 3:20, answered 90:14 ARTHUR 2:2 barrier 46:6 3:24, 4:1, 65:7, answering 93:20 ash 49:7 barriers 45:6 65:16, 72:16, 72:17, answers 92:3 aspect 18:6 based 19:2, 31:9, 73:14, 73:15, 79:22, anticipate 42:3 aspects 15:13, 32:4, 52:1 79:23, 81:6, 81:7, anticipating 85:12 25:10 Baseline 47:4 98:13, 99:5, 99:6 Apparently 37:19 assign 77:22 basically 29:4, beside 28:8 appealing 29:9, 59:5 Association 33:18, 31:12, 41:22, 58:20, best 8:20, 67:8 appearance 32:19, 88:11 59:6, 60:6, 62:4, betrayed 67:22 60:20 Atlantic 86:8, 87:12, 68:1, 91:2 better 91:17 appearances 16:6 88:13, 90:18, 91:11 basin 7:23, 7:24, Betty 80:13 appeared 2:20 Atlantic-chicago 8:10, 9:1, 9:2 Big 25:2, 26:24, appears 32:22, 55:7 80:4 basis 96:3 52:7, 53:5, 59:10, appease 43:1 attention 95:5 Bay 46:17, 74:17 65:18, 65:21, 65:22 Applause 51:2, attorney 14:11 Bazan 36:2, 36:6, bigger 41:6 52:17 attractive 11:8, 36:9, 36:9 Bill 36:19, 38:5 appreciate 45:23, 61:10 Beautiful 60:17 bit 8:2, 77:9, 87:1, 48:19, 50:24, 66:10, audience 85:10 become 30:21, 94:17, 94:18, 95:2, 71:6, 71:7 available 74:8 30:23, 35:2, 45:18, 95:7, 95:16 approaches 87:21 average 31:9, 31:10, 50:18 bitter 45:10 appropriate 10:10, 31:11 Beecher 11:15, black 49:6 11:19, 12:1, 17:2, aware 13:17, 77:13 11:24, 12:3, 30:20, Blackberry 7:5, 8:4, 21:10, 59:18, 59:19, away 11:19, 47:24, 35:4, 35:6, 35:9, 37:6, 37:8, 37:14, 78:11 53:7 42:7, 42:17, 43:2, 37:21, 37:24, 38:9, approval 77:12, 43:14, 46:8, 47:1, 92:16 78:4, 84:5, 97:23 49:21, 53:20, 53:22, Blackstone 11:6, approve 15:2, 15:3 54:6, 54:12, 56:7, 11:9 approved 5:13, B-3 3:12, 77:15, 58:18, 65:10, 65:14, block 36:10 13:13, 13:16, 13:18, 80:19 66:11, 67:4 board 83:19, 87:12, 20:21, 33:1, 44:21, back 8:24, 10:10, behalf 2:20, 14:13, 87:22, 88:1, 88:3, 71:11, 77:14, 78:6 10:11, 12:2, 12:2, 74:6 88:20, 89:14, 92:1, approximately 3:17, 28:9, 28:24, 29:1, behind 44:13, 92:22 92:9, 93:10, 93:12, 73:8, 74:14, 80:22 29:5, 29:6, 29:11, believe 11:18, 12:13, 93:13, 93:17, 93:20, architectural 78:22, 29:12, 31:4, 35:7, 21:9, 21:10, 32:3, 93:22, 93:24, 94:3, 94:21, 94:23 36:12, 44:13, 44:13, 34:24, 41:9, 41:16, 97:14, 98:3 architecturally 61:7 47:14, 49:5, 50:23, 43:18, 49:5, 70:3, BOCK 2:6, 3:21, architecture 60:17, 53:23, 56:5, 63:21, 70:23, 76:3, 78:14, 4:12, 4:13, 67:13, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 903 August 8, 2006 6714, 72:14, 72:15, 60:3, 60:20, 61:3, 61:24, 65:2, 83:21 close 10:2, 33:22, 73:11, 74:2, 74:3, 61:9, 61:15, 62:15, centers 41:19 53:22, 54:13, 67:10, 79:7, 79:20, 79:21, 62:22, 63:8, 63:18, Centex 74:17 71:23, 79:4, 98:11 81:2, 81:16, 81:17, 64:21, 65:3, 72:1, central 47:9 closer 31:4 99:3, 99:4 72:10, 72:11, 73:22, certain 56:1, 72:23, clubhouse 92:6 body 24:20 73:23, 79:6, 79:16, 83:16 clubhouses 90:1, boils 31:12 79:17, 81:12, 81:13, Certainly 15:12, 90:6 bothers 32:15 87:1, 93:8, 93:18, 20:24, 32:22 clusters 12:6, 12:9 bottleneck 40:11 98:23, 98:24 Certified 100:7 code 10:20 bought 24:10 burger 86:23 Chairman 58:7, 88:7 coffee 69:13 boulders 62:10 Business 3:12, 52:5, chance 25:19 Coggin 29:17, 29:20, boulevard 62:3, 80:19, 100:8 change 26:24, 29:21 62:3, 62:8 businesses 36:12, 37:17, 49:9, 91:19 collect 55:21 boulevards 42:14, 38:23, 38:24, 96:15 changes 83:16 Corned 91:4, 91:16, 64:1 busy 45:19 changing 26:13 91:17, 91:19 boundary 49:22 Bypass 73:8 character 49:9, comes 22:17, 59:17, box 25:2, 52:7, 53:5 50:15, 50:16, 50:20 67:19 boxes 17:12 charm 32:3 coming 9:18, 11:23, brand 89:5 < C > chart 90:23, 91:12, 27:7, 60:7, 64:22, Brett 23:16, 23:19 C.S.R. 1:8, 100:23 91:15, 92:5 77:1, 85:12, 97:12 Bridge 30:12, 82:7 calculations 12:16 cheese 86:22 comment 19:6, bring 71:3 caliber 27:24 Chicago 44:16, 50:8, 69:21, 69:23, 71:13, Bristol 46:17, 73:9, call 3:23, 13:12, 52:5 71:15, 75:11, 75:18, 74:17 46:17, 72:3, 73:13, CHIEF 19:20, 22:22, 94:15 brook 61:17, 62:7 79:9, 81:5, 98:16 38:16, 39:14, 47:21, commented 39:2 brought 62:16, called 45:15, 47:12, 48:5, 55:9, 55:13, comments 5:7, 5:21, 87:13, 95:4, 95:5 47:14, 83:11, 83:12, 56:1, 69:8 14:2, 14:22, 14:23, Buck 14:6, 14:9, 83:13 children 30:13 15:14, 42:23, 54:20, 14:11 calling 42:19 choice 30:22 54:20, 58:1, 66:10, buffer 18:3, 19:5, calls 16:2, 16:11, choose 53:10 70:13, 71:7, 71:9, 19:5, 19:7, 31:1 16:12, 16:24, 48:2 Chris 88:6, 88:20, 71:16, 71:19, 71:22, buffering 25:3, cans 36:13, 60:12 89:6, 90:21, 92:8, 75:15, 79:1, 84:10, 77:23 capital 35:14, 96:1 93:3, 93:9, 93:11, 86:15, 93:12, 94:4, build 31:18, 31:21, care 6:8, 22:3, 32:19 94:4 98:6 66:17, 67:20 Carl 14:6, 14:10 CHRISTINE 1:8, commercial 10:9, building 11:4, 17:24, carried 72:18, 74:4, 100:6, 100:23 18:2, 18:4, 22:18, 31:20, 45:23, 56:7, 79:24, 81:18, 99:7 citizen 36:10, 57:14 29:14, 30:6, 42:9, 56:9, 89:18, 95:12 carries 42:11 citizens 26:2, 56:7, 42:10, 42:11, 42:15, buildings 46:11, carry 42:12 67:15 49:10, 49:18, 59:2, 46:15, 59:14, 59:16, Cars 23:2, 31:9, Civic 14:15, 15:1, 64:18, 66:17, 67:3, 61:7 31:10, 66:7, 66:8 24:5 73:4, 75:24 built 43:15, 65:14, case 13:17, 32:21, clarify 93:8, 93:18 commercialization 65:14, 89:21, 95:13 64:5, 74:11, 82:9 classification 77:15 22:8, 23:7 bulk 11:17 cash 55:24, 95:9 clean 8:22, 9:5, Commission 5:7, bumped 31:2 casual 39:23 44:15 5:8, 5:17, 5:20, 5:21, bunch 38:17, 68:10 Center 8:8, 11:24, clear 22:7, 82:5 13:15, 14:17, 14:23, BURD 2:4, 4:8, 4:9, 12:2, 13:8, 27:7, Clerk 2:12 15:7, 17:5, 19:21, 58:4, 58:5, 59:20, 32:14, 33:22, 61:23, client 95:21, 96:18 20:4, 20:20, 21:7, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 104 August 8, 2006 23:24, 26:8, 26:17, conceptually 5:15 contacted 74:12 country 44:17 35:13, 37:2, 68:5, concern 5:23, 6:2, containment 90:13 countryside 48:24 74:19, 77:2, 77:3, 6:6, 9:14, 12:4, 32:2, contains 100:14 COUNTY 3:10, 3:19, 82:16, 83:5, 83:24, 34:17 contiguous 74:16 32:12, 32:16, 48:1, 84:1, 84:3 concerned 30:3, continue 27:3, 48:6, 73:2, 73:9, commitments 32:4 34:11, 41:22 65:19, 71:19 75:2, 80:15, 80:24, committed 11:1, concerning 55:17 contradiction 20:18 100:3 84:15, 84:18, 84:20, concerns 12:5, 14:1, contributed 25:6 couple 12:5, 43:19, 85:5 26:11, 27:2, 33:24, contributes 25:11 50:22, 66:6, 66:11 Committee 58:7 34:4, 34:13, 40:13, contribution 86:10 Coupled 77:6 common 20:1, 20:3 43:1, 43:2, 61:4, controlled 8:4 course 49:1, 83:20, Commons 60:4, 62:18, 67:15, 87:13, convenience 33:21 84:13, 90:3, 90:5, 63:20 94:1 conversation 38:6 91:22, 92:6, 92:11, Commonwealth concessions 45:22 convince 91:4 92:15, 92:17 90:19 condition 7:17, 9:1 Cooper 3:8 courses 93:1 Communities 52:9, conditions 7:19 cooperative 26:20 court 42:22 57:2, 57:9, 90:4 conduct 74:19 copies 20:8 COW 77:5, 78:19, Community 20:24, conducted 15:7 copy 24:3, 54:24, 85:12 26:2, 32:5, 50:18, configuration 5:18, 56:21 Craig 88:23 74:6, 92:10, 92:23 6:7, 58:23, 75:3 corn 6:1, 27:1, 30:4, Crain 52:5 Companies 3:8, 5:1 conflict 48:20 63:9 create 5:2, 11:2, Company 80:10, conflicting 71:16 Cornelis 80:24, 29:8, 40:10, 42:1, 80:11 conjunction 83:9, 83:13 42:14, 60:5, 62:2, compensate 8:10 92:14 corner 34:6, 45:5, 62:13, 95:16 complaining 39:10 connect 40:19, 53:4, 65:8, 74:14 created 10:1, 29:10, complete 13:8, 40:20, 41:2, 41:7, cornfield 63:14 42:7, 60:6 35:15 65:10, 65:15 corporation 80:11, creating 12:21, 16:5, completed 34:23, connected 9:10, 80:12 59:8 35:1 24:21, 60:11 Correct 38:2, 38:3, creative 90:21 completing 35:6 connecting 41:3 42:4, 60:23, 61:19, credit 18:14, 87:1, completion 34:22 connection 6:12, 63:13, 64:12, 76:23, 90:19, 91:1, 91:22 compliance 68:15, 9:11, 9:12 97:15, 97:18, 100:13 Creek 7:4, 7:5, 8:4, 68:16 consider 15:9, 17:9, Corridor 86:11 37:6, 37:14, 37:21, complied 67:24 18:16, 21:8, 26:2, costly 87:16 37:24, 38:9, 62:12 complimented 39:1, 44:5, 92:2 Council 1:1, 4:19, crime 69:15 88:23, 89:6 consideration 6:19, 13:16, 14:7, criteria 38:18 comply 70:6, 75:5 12:17, 24:16, 55:16 14:10, 21:16, 23:17, CROIS 2:9 components 78:23 considered 8:20 27:15, 29:18, 31:15, cross 30:18, 75:21 Comprehensive consistent 22:12 32:9, 33:13, 33:16, Crossing 67:17, 16:22, 16:23, 20:18, consists 3:16, 73:7, 35:19, 36:7, 36:22, 68:22 24:11, 33:2, 33:6, 80:21 39:19, 43:22, 48:15, crucial 85:3 51:17, 51:21, 52:15, constantly 46:11 51:8, 53:1, 53:16, crunch 95:7 67:18, 75:6 constructed 11:8 54:21, 70:16, 70:18, CSR 100:24 concept 75:2, 77:3, Construction 6:10, 71:22, 75:15, 81:22, cul-de-sac 65:8, 77:6, 77:10, 77:12, 11:13, 11:14, 11:17, 82:4, 85:11, 86:2, 65:13 78:1, 78:4, 78:7, 34:17, 35:1, 44:12, 86:15 currently 75:1 84:6, 97:23 53:24, 58:24, 59:1, Counsel 2:19 Curt 39:18, 39:21 conceptual 76:21 84:12, 85:6 count. 32:5 cut-through 15:16 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 105 August 8, 2006 cutting 41:19 detail 77:18, 98:1 Director 4:24, 74:6 drains 7:15, 38:8, detailed 70:5, 85:14 dirt 44:14 38:9 details 76:24 disappointed 87:15 dramatically 1 5:19, < D > detention 7:23, 7:24, discuss 5:5, 95:23 16:20 Danforth 48:14, 9:2, 29:13, 37:23, discussed 78:16, draw 95:16 48:17, 48:18, 51:7, 68:9 97:14 drawing 75:19 51:10, 51:11 determined 54:15 discussing 3:7, drawings 98:2 Daniel 81:21, 82:6 detract 16:18 63:10 Drayer 35:6 dare 25:18 devalue 49:11 discussion 72:21, drive 9:21, 44:6, date 13:4 develop 78:9 80:3, 89:10, 90:1 46:18, 48:22, 60:7, dated 45:8, 72:23 developed 31:5, discussions 76:5, 63:19, 64:16 David 86:1, 86:5, 34:19, 41:7, 88:18 85:13 drives 9:16, 9:18 91:14 developer 14:22, dissect 26:9 driveway 34:7 day 100:17 15:20, 16:15, 17:8, distance 6:10, 12:6, driving 64:7 days 97:13 17:21, 18:9, 18:10, 12:10 drop 10:17 deal 41:24, 95:11 43:1, 58:15, 70:24, District 3:12, 3:13, due 35:1 dealing 24:18, 58:12 84:14, 85:3, 89:7 3:14, 40:24, 41:2, duly 26:11, 100:6 Dean 2:14, 66:2 developers 24:12, 85:4, 86:19, 95:7 dumpster 60:18 decide 31:1 33:5, 40:1, 76:6, Districts 73:5, 80:19 dumpsters 36:13, decided 22:1, 29:24, 84:19, 88:19 doing 9:3, 16:4, 59:21, 59:22, 60:23 51:19, 59:21, 58:17 Development 4:24, 40:22, 42:5, 59:6, During 17:5, 26:8, decision 52:1, 53:9, 9:9, 15:10, 15:21, 59:7, 69:10, 76:6, 54:23 66:23 16:5, 18:4, 22:9, 86:19, 87:2, 96:7, dwelling 31:17 dedicating 43:14 22:18, 24:1, 24:6, 100:8 definitely 31:16, 25:2, 29:13, 30:6, dollars 52:10, 66:16, 31:17, 88:16, 88:21 34:14, 35:3, 44:10, 67:3 < E > densities 34:1 45:4, 49:11, 49:19, Don 29:17, 29:21 E. 72:22 density 6:11, 12:15, 50:15, 51:23, 54:7, Donald 72:22 earlier 76:4, 86:8 12:18, 29:10 55:20, 59:12, 60:14, donated 18:9 easement 90:19 Department47:1, 60:19, 61:6, 63:3, donating 41:1 easily 57:15, 57:16, 47:18, 47:22, 55:11, 73:3, 74:6, 74:17, donation 19:16, 68:12 56:2, 56:11, 56:17, 75:12, 76:7, 78:22, 19:17, 95:8 East 17:11, 30:14, 56:20, 56:24, 57:17, 80:16, 83:9, 83:20, done 19:3, 35:22, 30:17, 63:6, 66:8, 58:10, 69:7, 95:6, 87:6, 89:21, 97:3 40:20, 50:10, 58:23, 83:11, 84:24, 85:7 95:17, 96:1, 96:14, developments 68:6 echo 34:3, 70:17 96:21 22:16, 59:7, 60:1, dovetail 91:6 ecological 49:4, departments 57:1 60:10, 87:9 Down 7.6, 10:12, 50:10 depending 67:17 develops 54:4 23:2, 30:1, 31:12, EDC 77:5, 78:17 Depot 13:5 devil 97:24 42:23, 44:7, 48:23, edge 68:7, 68:8 depressional 7:8, devoted 25:7 63:11, 64:14, 92:5, Edison 90:19 8:8, 8:11, 8:12, 38:8 dictate 50:15 94:18 educated 55:13 description 75:1 different 9:2, 12:12, downtown 62:14 effect 16:9 design 77:22 15:5, 20:11, 67:21, draft 78:18, 84:8, either 64:4 designated 11:22 90:16, 93:17 94:11 Eldamain 49:20, designed 40:19, difficult 10:15 drain 37:4, 37:5, 66:12 40:24, 41:11, 42:11 direct 20:18 37:13, 38:7, 38:11 element 96:6 desire 19:23 directions 90:16 drainage 8:21 eliminate 35:10 destroy 41:23 directly 80:22 drained 7:14 eloquent 70:5 Depo Court Reporting Service (830) 983-0030 Yorkville City Council 106 August 8, 2006 emergency 47:23, everybody 42:23, fairness 25:14 60:5, 61:1, 61:5, 47:24, 48:4, 48:10 66:21, 66:24, 67:9, faith 24:10 61:13, 61:22, 62:20, emotionally 69:23 68:21, 71:6 fall 11:14 62:23, 63:13, 64:9, enclosed 60:12 everyone 40:6, 46:9, familiar 16:22, 44:6, 64:24, 65:12, 65:20, enclosures 61:7 47:10, 70:18, 71:7 64:22 65:22, 68:4 encourage 55:20, everything 21:24, family 41:21 filling 78:9 57:8 56:12, 56:22, 66:13, far 7:2, 7:2, 21:24, final 62:15, 89:24, end 44:2, 54:9, 86:19, 89:20 30:24, 41:22, 47:6, 92:2 59:10, 62:3, 64:8, everywhere 46:12 57:18, 58:13, 69:7, financed 88:18 77:18 evidence 14:19, 87:2, 92:22, 93:19, financial 27:8 ending 59:11 20:20 94:19, 95:12, 95:15 find 42:10, 44:17 enforce 46:2, 56:18, exacerbate 15:18, Farm 1:9, 53:21, fine 27:9, 58:24, 69:24 18:20 56:4, 56:6 82:21 enforcement 55:14 exact 54:2 farmland 56:14 fine-tuning 35:22 enforcing 23:3 exactly 29:22, 71:15 farther 63:11 finest 57:1 engenders 67:21 examples 20:11, fast 43:3, 52:12 finish 42:17, 43:2 engineer 6:14, 16:2, 62:11 faster 46:21 fire 95:6, 95:17, 16:11, 37:19, 55:1 excellent 56:3 fathomed 30:7 96:1, 96:14, 96:21 Engineering 6:22, exchanged 84:10 favor 33:20, 68:23, firm 37:2 37:2, 37:3 excuse 77:2 88:10, 89:9 First 3:2, 13:11, Engler 85:5, 87:5 exist 41:15 favorable 22:19 28:7, 43:18, 44:19, enhancing 63:16 existing 6:24, 7:18, Faxon 34:23, 35:10, 47:23, 68:4, 68:13, enough 24:13, 31:7, 25:1, 29:1, 37:24, 54:12 74:11, 86:17, 89:7, 55:21, 95:15 37:24, 62:20 feature 61:16 91:4, 100:6 entertain 3:5, 71:23, exits 49:15 fee 95:24 fit 53:10 72:20, 79:4, 80:2, expand 67:4 feel 11:24, 25:16, five 28:3, 39:10 98:11 expansion 16:2, 25:21, 59:2 five-foot 17:15 entire 76:9 62:24, 63:4 feelings 67:22 flooding 6:5 entrance 15:21 expected 67:23 feet 12:7, 12:7, 19:9, floor 13:20, 14:3, entrances 50:4 explain 58:16 24:18, 24:19 27:11 environment 41:21 explained 98:2 fellow 26:2 flying 41:12 environmental extended 35:9 felt 66:11 focus 50:2, 88:8 25:10 extension 49:21 Feltes 80:10 follow 33:1, 33:6, equipment 11:17, extensive 83:23, few 14:18, 39:4, 60:13, 61:1 89:5, 95:13 85:13 47:12, 58:5, 67:6, followed 24:11 Eric 48:14, 48:17 85:15 following 19:21, especially 62:3 field 6:1, 27:1, 30:4 60:24, 74:22, 87:9 essentially 18:24 < F > fielding 93:21 follows 4:20, 6:20, Estate 5:2, 80:7, F. 2:2 fields 23:8, 63:9 14:8, 21:17, 23:18, 80:8 facade 60:22 fight 46:13 27:16, 29:19, 32:10, Estates 67:17 facilities 55:15 figure 53:22 33:14, 36:8, 36:23, estimation 68:1 facility 61:10, 83:22, file 57:14 39:20, 43:23, 48:16, evening 3:4, 4:21, 90:3 filed 23:24 51:9, 53:2, 53:17, 4:22, 5:4, 5:14, 14:9, facing 60:21, 60:23 Filler 4:18, 4:21, 81:23, 86:3 29:20, 33:15, 70:14, fact 15:16, 16:19, 4:23, 9:7, 13:2, 26:7, foot 27:6 71:8, 76:4, 81:24 27:5, 52:11, 71:7 28:19, 40:14, 42:6, forced 25:14 event 7:9, 78:8 factor 13:12 43:11, 52:7, 52:9, foregoing 100:11, eventually 40:19 fair 26:1, 27:20 55:4, 58:22, 59:23, 100:12 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 107 August 8, 2006 forgot 46:24 Gary 80:12 greatly 63:16 19:22, 39:3, 51:4, formerly 23:23 Gas 44:19, 77:11, green 17:11, 59:24 52:20, 54:23, 57:4, formula 89:14 77:13 gridlock 67:6 71:12, 71:23, 72:19, forward 4:16, 13:21, gasoline 78:10 ground 8:24 72:21, 73:5, 74:20, 13:22, 14:4, 20:22, gave 70:4, 90:23 group 50:3, 88:7, 74:23, 75:14, 77:1, 21:13, 25:13, 36:4, General 3:13, 80:18, 95:8 77:3, 79:3, 79:5, 42:20, 76:15, 77:4, 87:21, 88:14 grow 57:23, 96:9 80:1, 80:3, 80:19, 77:5, 85:19, 94:12 generally 89:13 growing 20:15, 81:19, 82:19, 83:24, fou 51:15 generous 92:17 52:12 84:8, 84:17, 85:20, fought 56:8 Geneva 60:4, 63:20 growth 20:13, 27:8 85:22, 98:12, 99:10, found 44:18 gentlemen 98:9 guarantee 84:12 100:11, 100:15 fountain 61:20 getting 45:10, 46:11, guaranteed 84:23 hearings 3:3, 21:20 four 30:19, 45:19 66:16, 91:17, 95:12, guess 40:2, 40:12, heartbeat 48:11 Four-lane 38:21, 97:4 46:13, 46:23 Hello 27:17 41:10, 42:8, 66:17 Give 5:10, 5:17, guessed 65:4 help 35:10, 47:15, four-way 34:7 13:21, 18:13, 24:15, guys 30:19, 31:1, 47:18, 95:12 Fox 66:7, 66:8 25:13, 39:13, 43:16, 39:1 helpful 25:15 Frankly 94:2 55:16, 71:8, 77:8, helps 8:22, 8:23, Fred 80:8 85:19, 86:24, 87:20, 12:8, 12:9 free 13:22 90:24, 92:2, 92:6, < H > hereunto 100:16 Freeborn 86:6, 93:6 half 8:13 Hickory 48:18, 91:15 given 5:7, 18:17, hand 100:17 51:12, 51:14 fries 86:23 19:6, 25:8 Hankes 80:8, 80:9 hidden 61:8 front 15:17, 17:19, gives 32:19 happen 20:14, High 22:9, 24:19, 17:19, 17:20, 17:22, giving 18:13, 48:19, 36:18, 41:17, 46:10, 30:18, 30:21, 34:4, 26:15, 60:17, 60:22, 71:13, 92:17, 93:14 59:23 34:6, 34:20, 34:23, 76:6, 85:5, 96:3, glad 44:21 happens 23:7, 62:8, 92:15, 92:18, 97:20 goal 27:2 36:16, 66:18 92:20, 92:21, 92:23 full 7:10, 10:2, God 23:3 happy 39:13, 84:16, high-end 83:21 87:22, 93:13, 98:2 golf 49:1, 83:20, 85:9 highlights 84:11 fully 89:15, 90:9 84:13, 90:3, 90:5, hard 56:9, 69:6, 98:2 highly 55:13, 56:23 fun 44:15 99:22, 92:5, 92:11, hard-earned 67:24 highway 76:2 fund 84:21, 85:5, 93:1 hardly 24:19 Hill 66:7, 66:8 85:5, 86:10, 89:18 golfers 92:13 Harlem 3:8, 4:24 historically 18:22 funding 84:14, gotten 22:18, 70:13 harmony 25:16 Home 3:8, 13:5, 89:23, 96:2, 96:3 governing 94:5 harsh 11:11 31:9, 31:11, 39:4 Furnishings 3:9 grade 62:8 hat 55:10 Homeowner 33:97 future 11:21, 16:3, Graff 50:21 hazard 57:17 homeowners 33:19 25:15, 27:8, 40:21, Grande 87:5 head 8:17 homes 10:8, 22:10, 57:21 grant 31:16, 31:17, heading 39:4 23:8, 23:11, 24:10, 76:21 heads 7:11, 7:12 27:24, 28:24, 29:2, grass 89:22 hear 45:16, 67:18, 30:7, 30:9, 31:4, < G > Gravel 80:10 84:16 31:8, 31:21, 34:1, Galena 80:23 great 35:7, 35:7, heard 13:4, 15:14, 40:4, 49:12, 51:18, Game 1:9, 56:4 35:16, 55:22, 55:22, 22:22, 34:10, 41:9, 68:6, 68:9, 68:13, garbage 36:13, 57:6, 87:8, 88:16, 45:14, 58:1, 71:16 69:1, 69:2, 69:4 60:11 88:17 Hearing 3:6, 3:14, honesty 94:4 garner 69:4 greater 16:5 4:15, 5:5, 15:6, Honor 47:21, 74:5, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 108 August 8, 2006 97:10 including 20:1, item 3:3, 80:1, 89:10 known 72:24 honored 31:24 25:10, 30:14 itself 90:5 knows 23:3, 69:10 hope 6:23, 23:12, inclusion 18:7 Iverson 32:8, 32:11, Koch 21:15, 21:18, 25:14, 36:11 inconsequential 32:11 21:18 hopefully 90:14 96:9 Kohl 13:5, 31:3, host 93:1 incorporated 12:22, 66:21 hour 1:9, 21:22 78:17 < J > KRAMER 81:19, house 44:15, 59:8, increase 16:20, J. 81:21, 82:6 81:21, 81:24, 82:5, 59:9 45:20 JACQUELYN 2:12 82:6, 82:23, 83:2, household 31:12 increased 12:6, JAMES 2:3, 2:6, 4:4, 87:20, 90:20, 91:23, houses 29:6, 49:2 19:5, 19:14, 78:22 4:5, 66:1, 72:6, 72:7, 93:11, 93:19, 94:2, housing 25:1 indepth 64:11 73:18, 73:19, 79:12, 94:90, 94:21, 95:19, Howard 80:5 indicate 84:17 79:13, 98:19, 98:20 96:6, 96:24, 97:9, huge 30:8, 90:2 indicated 89:14, job 58:24 97:11, 97:15, 97:18, hundred 86:10 92:11, 96:10, 97:19 Joe 52:24, 53:3, 65:6 98:8 individually 97:16 John 2:9, 2:19, 80:6 kudos 93:6 industry 67:3 join 25:24 Kylyn 27:18, 33:17, < 1 > information 19:22 joint 5:1 39:22, 40:4, 49:16, idea 10:4, 62:7, informed 91:21 JOSEPH 2:7 53:19, 67:15, 67:16, 68:20, 69:11, 88:17 infrastructure 40:21 journey 89:24 68:22, 68:22 ideas 24:16, 32:4 initial 16:15 July 74:21 ignored 22:20 input 5:17, 88:3, June 45:8 Illinois 1:2, 1:10, 93:14, 93:23, 96:22 junior 92:13 < L > 2:21, 3:19, 73:9, instance 92:11 JUSTIN 2:19 L. 80:12 80:10, 80:11, 81:1, instances 70:19 ladies 98:9 82:8, 100:1, 100:9 instead 10:6, 58:17 lady 43:18 imagined 30:10 intent 5:14, 62:2, < K> laid 29:10 immediate 35:18 62:13 Katherine 80:9 Land 35:7, 41:2, immediately 68:8 intercepter 50:12 KAWEZYNSKI 55:24, 78:6, 80:11, impact 90:14, 20:24, interest 34:8, 75:23 43:21, 43:24, 44:1, 95:9 21:1, 24:8, 35:18 interested 39:12, 44:24, 45:2, 48:3 lands 7:22 impacted 63:7 39:15, 58:8, 76:13 keep 9:3, 42:21, 78:5 landscape 12:23, impervious 5:24 interesting 15:23 keeping 9:5 59:4 important 15:13, interior 11:22, 60:7, Kendall 3:10, 3:18, landscaped 62:9 38:18, 49:8, 76:9 60:10 24:6, 73:2, 73:9, landscaping 17:12, impose 25:5 interruption 86:21 75:2, 78:21, 80:15, 59:9, 63:14, 63:17 imposed 24:24 intersection 9:24, 80:24 Lane 29:21, 34:5, improved 35:8 10:8, 34:8, 35:9 Kennedy 51:21 34:5, 34:20, 37:1, improvement 10:13, invested 67:23 kind 5:10, 24:13, 48:18, 51:12 35:14, 84:16 investigating 87:18 31:7, 42:12, 48:22, lanes 16:12, 16:14, improvements involved 38:5 48:23, 49:9, 50:3, 30:20, 46:19, 63:1, 63:15, 84:22, 91:9 Irving 3:8, 4:24 88:7, 89:3, 92:12, 63:3 improving 43:12 issue 9:8, 37:19, 95:11, 96:4 language 78:20 in. 50:18 40:6, 55:6, 70:1, kinds 71:1 large 7:24, 8:14, inadequate 25:3 70:3, 83:3, 95:22 KLOA 64:10 29:8 inclined 19:17 issues 6:5, 11:13, knowing 87:23 larger 40:24, 88:22 include 77:3 15:8, 21:7, 52:11, knowledgeable Larry 80:12 includes 55:14 58:12, 70:22, 95:3 58:10 LASALLE 100:3 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 109 August 8, 2006 last 12:20, 35:13, listened 28:20 26:24, 29:5, 29:6, map 49:14 54:23, 57:3, 78:17, listening 21:23, 36:16, 61:10, 76:1, Mark 80:6 87:22, 88:4, 95:5 26:20, 51:1 76:3, 76:6, 78:14, Marketplace 24:6, law 55:14 literally 92:5 93:21, 94:12, 94:16, 68:24, 78:21 lawn 45:6 little 8:6, 27:21, 94:19, 95:8, 96:5, MARSHALL 36:21, Lawrence 80:9 39:23, 45:10, 47:9, 96:23 36:24, 37:1, 37:9, laws 23:4, 56:18, 48:24, 52:12, 54:9, looks 32:18 37:12, 37:16, 38:14, 69:24 65:10, 77:8, 87:1, loose 32:2 38:17 League 14:15, 15:1, 87:14, 91:7, 94:18, lot 9:2, 12:9, 13:24, MARTIN 38:16, 24:5, 55:20 95:2 30:1, 38:23, 42:2, 39:14, 47:21, 48:5 least 39:1, 45:20, live 15:10, 21:19, 44:11, 49:2, 49:2, MARTY 2:5 68:21 22:5, 23:20, 25:9, 50:20, 51:12, 55:8, Mary 43:21, 44:1 leave 43:8 27:18, 29:21, 30:13, 55:16, 59:15, 63:19, Master 24:11, 27:21, led 31:5 30:15, 34:18, 37:1, 63:22, 68:19, 69:5, 30:3, 41:5, 41:6, 90:2 left 83:19 44:1, 44:9, 46:18, 70:13, 97:24 match 7:18, 40:15, leg 85:1, 89:24 48:18, 50:18, 51:12, lots 17:11 41:14 legitimate 33:24 51:20, 53:3, 53:19, love 25:7, 25:16, matched 52:1 length 25:20 53:19, 66:6 45:11, 69:13 materials 59:3 less 38:10, 94:19 lived 21:2, 21:3, lovely 44:3, 44:7 matter 1:7 letters 24:4, 24:7, 25:6, 25:19, 27:18, low 7:7, 42:13 maximum 12:17 25:13, 26:9 28:14, 36:11, 51:15 Lowell 32:8, 32:11 mean 27:4, 55:21, letting 51:11 lives 25:8 luck 91:17 62:1, 92:4 level 42:13 living 28:4, 45:11, lying 7:7 meaning 60:1 levels 10:18 45:11 mechanism 84:14 librarian 52:3 LLC 3:8, 5:3, 80:4 Medical 35:6 License 100:24 locate 57:4, 57:17 < M > meet 24:13 life 25:9, 36:14 located 3:17, 30:15, M. 1:8, 100:6, 100:23 MEETING 1:1, 1:6, life-long 40:9 30:16, 55:7, 57:10, ma'am 47:23, 53:13, 19:21, 35:13, 37:2, light 10:20, 26:15 96:16 58:4 39:5, 64:10, 88:1, lighting 6:9, 10:16, location 23:8, 23:21, magazine 50:9 88:4, 93:14, 93:16, 10:18, 10:24, 11:1, 35:7, 55:10, 55:17, MAI 6:15, 6:18, 6:21, 94:3, 94:3, 97:11 11:2, 11:9. 11:11, 56:12 6:21, 37:7, 37:10, meeting. 99:12 59:3, 59:4, 59:15 locations 55:15, 37:15, 38:4 meetings 82:4, 83:5 lights 11:11 58:13 Main 9:18, 9:21, member 93:15, likely 14:19 logs 56:19 11:23, 14:12, 31:22, 93:17 limit 16:6, 19:11 long 51:13 57:5, 57:10 Members 14:10, limited 90:4 long-time 56:8 mainly 63:8 14:24, 24:4, 84:1, line 28:7, 40:17, look 6:24, 11:5, 16:9, maintain 87:17 85:11, 86:16, 90:5, 63:6, 98:2 16:10, 17:10, 17:10, maintained 88:18 92:23, 93:22, 94:1 lined 26:13 20:20, 25:12, 36:12, major 40:6, 62:17, memo 85:14 Linens 13:5 50:16, 51:16, 54:4, 89:10 Menard 49:23, 60:17 lines 9:22, 9:23, 59:1, 60:18, 70:22, majority 16:23, mentioned 40:6, 11:10, 64:19 89:7, 93:5, 95:10, 37:20 62:24 lining 9:16 95:20, 96:7 mall 27:22, 30:8, met 85:3, 87:21, list 53:6, 53:20, Looked 11:3, 30:2, 31:18, 31:20, 44:11 93:9 85:14, 86:7, 91:24 51:18, 51:20, 51:24, malls 41:20 Michael 13:6, 80:4 listen 23:12, 70:17, 71:2 management 8:2, Mid-america 5:2 70:18 looking 17:18, 8:19, 8:20 middle 7:6, 7:23, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 110 August 8, 2006 46:5 81:11, 98:21, 98:22 41:21, 48:22, 49:20, offered 24:7, 24:22 Mike 83:12 myself 22:7 49:24 office 38:20, 55:23, Mildred 80:8 night 87:22, 87:24, 73:4 mile 21:22 93:13, 93:20, 94:11, Officemax 13:6 MILLER 2:11, 74:5, < N > 95:23, 96:19 officer 69:14 74:6, 76:23, 78:16 name 4:23, 14:10, No. 66:1, 66:4, 67:9, officers 55:15, 69:15 mind 77:18, 78:5 21:18, 23:19, 27:17, 71:15, 93:11, 100:24 officially 24:21 minds 25:23 29:20, 33:16, 36:4, none 75:14, 79:3, Okay 13:1, 48:12, mini 44:11 36:24, 39:21, 43:5, 85:22 54:16, 54:19, 63:8, minimize 10:13 43:24, 48:17, 51:11, normal 7:9 70:11, 78:13, 78:24, minor 85:15 53:18, 91:13 north 9:21, 19:7, 82:14, 85:17, 86:14, minutes 14:18 Nancy 51:7, 51:11, 49:15, 74:15, 76:8, 90:17, 91:20, 94:7, modifications 24:8 53:15, 53:18 80:23 98:5 modify 24:22 narrow 64:13, 93:22 northeast 74:14 old 49:2 MOGLE 87:23, national 31:11 northern 7:2, 47:8, Once 7:10, 7:14, 93:17, 97:10, 97:16 native 8:22 68:7, 68:8 10:23, 12:15, 18:12, moments 39:4 natural 8:24, 9:4 northwest 3:17, 65:8 20:21, 28:20, 34:22, money 55:21, 67:24, naturalized 9:2 note 8:18, 15:23, 41:17, 42:6, 56:13, 76:7 naturally 7:15 19:20, 26:11 58:23, 59:14, 59:17, morally 42:4, 42:4 near 23:8, 38:20, notes 100:13 60:16, 62:23, 65:14, Mostly 22:19, 47:8, 38:20, 38:23, 55:23, nothing 44:18, 45:3, 98:4 58:22 57:21 66:18 One-family 3:13, Motion 3:6, 71:23, necessarily 89:4, notice 7:1, 63:19, 80:18 72:18, 72:20, 74:4, 90:11, 90:22 63:21 open 13:19, 14:3, 74:21, 79:4, 79:24, need 42:21, 50:4, notified 45:7, 45:9 27:12, 59:8, 64:1, 80:2, 81:18, 98:11, 66:8, 66:12, 66:24, nowadays 31:11 88:11 99:7 67:5, 78:10, 82:4, Number 7:7, 33:19, opened 12:10, 41:18 move 9:20 92:24, 94:5, 95:13, 34:10, 34:16, 34:18, operation 89:20 Moved 3:20, 3:22, 95:94 34:22, 80:2, 83:4, opinion 38:15, 55:8 29:22, 44:16, 70:20, needed 22:23 88:6, 90:6, 96:15 opportunity 24:22, 71:24, 72:2, 73:10, needs 49:19, 50:1, numerous 98:4 48:19 73:12, 79:6, 79:8, 95:17 order 86:23 81:2, 81:4, 98:13, negotiation 89:11 orderly 42:21 98:15 neighborhood < O > ordinance 60:20, movements 64:18 28:10, 88:9, 90:6 oath 100:7 94:6 moves 77:4, 77:5 neighbors 24:9, objecting 24:5 original 83:10 Moving 3:2, 23:13, 24:9, 32:12, 38:15, obligation 84:24 originally 87:4 25:13 69:16, 69:17, 85:10 obviously 30:2, Otto 21:15, 21:18 multi-family 69:1, Nelson 80:11 95:21 outflow 57:23, 84:24 69:4 nephew 47:11 occasions 22:15 outlet 31:3 multi-use 83:21 new 10:22, 95:22 occur 16:17 outline 26:9 multiple 16:12, 82:9 newer 11:3 occurred 14:17 outlot 59:7, 60:10 municipal 88:22 newly 34:18 Ocean 80:4, 86:8, outlots 10:24 MUNNS 2:5, 4:6, 4:7, Next 9:8, 29:15, 87:11, 88:12, 90:18, outside 45:14 66:5, 68:17, 71:24, 43:17, 64:10, 72:19, 91:11 overall 12:16, 33:22 72:8, 72:9, 73:10, 77:5, 78:19, 80:1, October 49:5 overflow 8:16, 73:20, 73:21, 79:14, 85:12, 95:23 offending 56:16 37:15, 38:13 79:15, 81:3. 81:10, nice 12:13, 36:16, offer 49:12, 84:21 overtops 7:11 Depo Court Reporting Service (830) 983-0030 Yorkville City Council 111 August 8, 2006 overview 21:6 patch 89:22 petitioner 3:15, 4:16, 28:15, 35:15, 35:23, Overwhelming patterns 28:13, 34:1, 73:6, 74:7, 80:20 46:23, 54:1, 58:6, 30:21, 30:23, 31:14, 34:11, 40:11 petitioners 3:9, 71:10, 87:10, 87:11 31:14, 61:11 Paul 2:3, 65:24 72:24, 80:13, 82:9 points 85:15 own 43:12, 43:13, pay 84:15 petitions 20:5, 20:8, pond 8:13, 8:14, 43:15, 46:5 PC 3:7, 72:21, 80:3 23:23, 25:12 37:13, 62:5, 68:9 owned 88:11, 88:22 peace 25:15, 44:17 Petsmart 13:6 ponds 29:13, 37:23 owner 74:12, 77:23, pedestrian 6:12, phantom 46:8 POPOWELL 33:12, 78:8 12:21 Phil 36:21, 36:24 33:15, 33:16, 42:16, owners 24:13 People 13:4, 21:1, photographic 20:10 42:24, 43:6, 43:6, owns 37:22 25:5, 26:6, 28:9, photometric 6:9 43:8 28:13, 28:23, 32:1, photometrics 10:16 population 32:5 32:4, 32:16, 32:18, phrase 17:8 portion 9:9, 16:24, P > 34:11, 34:22, 39:6, physical 12:11 38:1, 65:13, 75:7, P.M. 1:9 39:13, 41:18, 41:23, picked 55:9 76:18, 99:11 packet 14:19 44:6, 46:18, 46:21, picture 68:6, 83:3 position 38:19, 39:7 paint 83:2 50:5, 50:18, 51:14, piece 5:24, 37:22, possibility 95:11 parameters 77:19 55:8, 60:7, 63:24, 76:9 possible 7:19 parcel 83:11, 83:12 64:6, 64:21, 64:24, pipe 50:13 possibly 55:23 parcels 83:10 67:16, 67:22, 68:22, place 47:2, 51:20, post 38:20, 55:23 Park 18:18, 19:18, 70:18, 70:20, 70:24, 66:13, 90:8 POWELL 2:10 40:22, 40:23, 40:24, 75:20, 76:11, 76:13, placed 10:19, 10:22 practices 8:20 41:1, 41:2, 41:3, 87:5 places 68:19 predicted 92:19 41:6, 87:12, 87:22, per 12:18, 12:19, Plainfield 14:12 preliminary 3:15, 88:3, 89:5, 89:14, 30:11, 31:8, 31:9, Planned 13:3, 73:3, 5:5, 5:13, 13:13, 92:1, 92:9, 92:14, 31:10, 31:11 80:16, 83:19 15:3, 28:21, 71:11, 98:3 percent 17:16, Planner 2:11, 88:24 98:1 parking 12:11, 59:15 19:10, 45:20, 91:16, Planning 37:2, 75:7 premise 76:12 parks 30:13, 30:14, 97:5 Plans 24:14, 41:6, prepared 39:24 30:15, 30:16, 87:15, percentage 91:1, 51:17 preparing 85:14 87:17, 88:9, 88:15, 92:7, 93:5, 96:13 planted 8:21 present 24:14, 88:21, 89:2, 89:16, percolate 8:23 plantings 8:22 26:12, 40:6, 93:16 89:19, 89:20, 90:8, perfect 17:7, 38:20 plants 49:8 presented 14:20, 90:11 perhaps 64:11 plat 98:1 14:21, 15:4, 16:1, parochial 92:23 period 23:6 plead 25:23 17:3, 17:6, 20:5, part 14:19, 24:22, permanent 96:2 pleadings 22:13 20:14, 24:15, 26:12, 25:17, 34:3, 35:6, permitted 3:12, 73:4, Please 3:23, 20:19, 28:21, 75:3 47:8, 54:2, 54:7, 78:5, 80:17 25:12, 35:20, 36:3, presenting 74:7 54:9, 63:3, 74:23, perpendicular 29:4, 72:3, 73:13, 79:9, pressures 65:17 76:21, 77:2, 77:11, 29:7 81:5, 98:16 pretty 30:11, 47:6, 78:4, 83:15 person 24:21 pleased 13:7, 86:18 93:23 partially 17:3 personal 34:8, 34:17 Pledge 3:1 previous 84:17 participant 5:1 Personally 23:1, pocket 88:9, 88:15 Previously 24:12, particular 30:2, 92:7 31:13, 42:3 pockets 7:8 85:7 pass 20:3, 21:10, persons 23:23 podium 69:21 prior 78:18 53:7 perspective 8:5 poin 67:11 private 30:15, 90:12, passageway 31:22 Peter 97:2 point 13:11, 19:12, 91:22 past 10:7 Peters 86:6, 91:15 22:23, 26:5, 28:8, privately 88:11 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 112 August 8, 2006 probably 11:19, PUD 3:15, 5:5, 15:3, R-4 80:18 13:15, 84:3, 84:4, 19:2, 36:10, 41:22, 21:11, 77:4, 77:10, radar 35:17 84:5 57:20, 92:21 77:16, 78:7, 82:2, railroad 21:21 recommending problem 15:18, 84:4, 97:22 rain 7:9 76:20 18:21, 34:21, 47:12, pudding 91:3 raised 15:8, 15:9, record 20:6, 76:17, 69:17, 86:12, 87:8 purchase 55:24 21:7 82:6, 82:6 problems 28:11, purpose 3:7, 77:21 raising 24:17 recorded 84:2 42:2, 44:18 pursuant 10:20 range 93:1 reduce 68:13, 69:3 procedures 78:11 pursued 87:6 Raphael 97:2 reduced 17:23 PROCEEDINGS 1:6, put 8:5, 20:5, 29:7, rare 49:6 redundant 14:21 14:16, 99:9, 100:11, 30:12, 31:1, 44:19, rate 38:10 referenced 14:18 100:15 46:6, 55:11, 55:22, rather 25:24, 85:13, reflecting 62:4 process 89:12, 58:17, 68:10, 91:8, 89:17 refuse 56:2 97:21 97:5 ratio 31:8, 31:13, regard 97:11 productive 88:5 putting 49:10, 58:18, 69:1 regarded 56:23 programs 91:5, 58:19 read 15:24, 50:7, regarding 55:6, 56:4 92:14 52:4, 83:7 regards 8:18, 50:9 progress 46:14 readdressing 87:18 rejected 33:8 progressed 83:5 < Q > Real 3:16, 5:2, 6:15, relates 9:15, 10:24, project 71:18, 76:8 quality 9:4 6:22, 13:3, 51:4, 12:5, 12:14, 12:14, proof 91:3 question 36:2, 73:7, 80:21 29:9 proportionate 96:11 39:24, 40:3, 42:19, realize 75:20 relation 90:3 proposal 68:4 42:20, 43:9, 49:18, realized 9:17, 87:7 release 7:20, 8:3, proposed 7:17, 58:14, 62:15, 63:18, really 19:13, 22:22, 8:4, 10:10, 37:11, 15:11, 17:14, 23:21, 65:7 24:17, 25:4, 42:4, 38:10 32:13, 49:21 questions 5:12, 44:7, 49:8, 51:22, releasing 8:6, 8:15 proposing 8:19, 9:1, 40:13, 58:5, 58:9, 57:6, 66:13, 86:18, relief 42:8 87:16 65:4, 66:3, 66:6, 88:7, 88:23 remains 5:15, 27:6 protect 59:15 74:9, 75:9, 75:11, reason 8:7, 32:24, remember 56:5, protects 59:17 79:1, 84:1, 85:10, 42:7, 52:15, 69:22, 56:13 provide 8:9 85:19, 89:1, 90:15, 70:5 repeat 82:21 provided 19:22, 93:21, 98:6 reasons 5:18, 15:5, repeatedly 97:2 20:10 quick 5:10, 13:3, 75:22 repetition 13:24 provides 84:14 43:11, 51:4 Rebecca 80:5 REPORT 1:6, 57:14, providing 8:2, 90:12 quickly 6:16, 26:8, rebuttal 26:5 88:3, 94:13 Public 3:3, 3:6, 4:14, 28:20 receive 26:10, 55:1 reported 100:10 5:5, 5:17, 12:14, quiet 44:17 received 14:23, 24:3 Reporter 42:22, 19:21, 51:3, 52:19, quite 8:2, 89:19, receiving 18:14 100:8 54:23, 57:3, 58:7, 91:6 recent 58:24, 60:16 represent 20:15, 71:12, 71:23, 72:19, quote 31:23, 50:7, recently 11:8, 87:13 33:17 72:20, 74:20, 74:23, 50:8, 50:21, 52:5, recognition 25:8 representative 88:2 77:1, 77:3, 79:4, 52:7 recommend 74:22, representing 82:8, 80:1, 80:3, 81:19, 77:11 93:10 82:1, 82:11, 82:19, recommendation request 3:9, 44:23, 83:24, 85:20, 88:12, < R > 78:3 48:2, 48:6, 54:23, 89:20, 90:11, 93:4, R-1 3:12 recommendations 72:24, 78:11, 80:13 98:12, 99:10, 100:11, R-2 80:17 14:20, 75:6, 77:10 requested 15:2, 100:15 R-3 3:13, 31:16 recommended 48:7, 90:18 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 113 August 8, 2006 requesting 20:17, rest 7:11, 36:13 73:13, 79:9, 81:5, Schultz 80:7, 80:8, 76:19 restatements 83:17 98:16 80:9 requests 92:1 restaurant 11:7 Rollins 88:6, 93:9 Scott 6:15, 6:18, require 60:14 restaurants 11:3, Rose 2:8, 54:21, 6:21, 9:7 required 85:2 36:17, 59:1, 59:13, 86:16, 87:21, 91:24 screen 35:17 research 19:3, 30:1, 60:9, 60:15, 62:4 Rosemary 80:7 screening 17:16, 51:13, 52:4 restricted 50:3, Rosenwinkel 80:5, 19:10, 77:24 Reserve 87:5 88:12 80:5, 80:6, 80:6, seats 28:14 reserving 92:20 retail 52:6, 66:17, 83:12 SEC 6:15 Residence 3:13, 83:21 Route 9:13, 10:3, Second 3:21, 10:2, 3:14, 80:18, 80:18 retailers 52:8, 52:10, 11:16, 31:2, 34:12, 72:1, 73:11, 79:7, residences 34:19 53:5, 53:6 34:24, 35:2, 44:9, 81:3, 92:21, 98:14 resident 39:22 review 20:19, 35:20, 47:4, 74:15, 75:21, seconded 3:23, Residential 12:13, 35:20, 75:4, 75:4 76:1, 76:8, 80:23, 72:3, 73:13, 79:9, 12:15, 16:24, 17:1, rezone 3:9, 73:1 84:16, 84:21, 96:8, 81:5, 98:16 17:4, 18:23, 99:1, rezoning 74:20, 96:91 section 7:2, 7:3, 20:2, 38:21, 40:15, 80:15 routes 6:10, 11:22 41:14, 42:8 40:15, 40:16, 41:8, rhetorical 43:9 routing 54:2 seek 91:19 41:11, 41:13, 41:13, Rick 4:18, 4:23 row 27:21, 30:9 seeking 83:8 41:14, 42:11, 42:12, Ridge 27:18, 30:19, running 54:4, 61:17, seeks 83:17 44:3, 44:4, 49:17, 30:22, 33:17, 34:5, 62:7, 62:12, 91:8 seem 22:3, 94:17 49:19, 50:2, 50:6, 34:6, 34:20, 34:23, seems 68:11 56:6, 56:13, 63:21, 39:22, 40:4, 49:16, seen 23:3, 64:3 63:22, 64:14, 64:16, 53:19, 67:15, 68:22 S > selected 55:9 65:1, 73:5, 78:23, right-of-way 12:17, safer 9:12 send 7:23 83:22 43:14, 43:16 Safety 11:13, 58:7 sending 50:5 residents 4:22, 6:2, ring 48:22 sale 53:21 senior 36:10 9:19, 11:20, 14:13, Rios 80:9 sales 28:7 sense 20:1, 20:3, 15:1, 15:9, 17:17, Rita 80:9 Sand 80:10 65:10, 70:24, 90:8 18:4, 18:7, 19:6, river 37:5 satellite 57:20 sent 24:4 20:7, 21:3, 22:4, Road 1:9, 19:12, saved 62:18 septic 50:12 26:10, 26:18, 26:23, 34:23, 35:4, 35:6, saw 5:15, 30:5, serene 62:13 33:23, 34:18, 39:3, 35:9, 38:21, 43:3, 51:21, 51:24, 91:12, serve 32:1, 69:24, 40:9, 42:2, 56:8, 45:3, 46:6, 46:8, 91:15 70:2 61:4, 65:2, 66:20, 46:9, 47:4, 47:5, saying 31:24, 46:4, Service 3:12, 57:24, 88:13, 90:4, 90:10, 47:18, 49:20, 52:6, 56:17, 61:9, 89:4, 59:21, 78:10, 80:19 96:15 53:20, 53:23, 54:5, 93:4 serviced 60:1 respect 15:8, 18:21, 54:6, 56:4, 58:18, says 52:6, 52:9, serving 96:14 19:15, 50:17 59:22, 63:11, 65:11, 65:19, 100:7 set 100:16 respond 47:24, 48:7, 65:19, 66:11, 66:12, scattered 90:7 settle 29:24 70:9 80:23, 80:24, 83:13 School 23:9, 85:2, settled 85:16 responds 48:1 roads 26:13, 40:10, 85:4, 85:6, 85:6, seven 19:9, 31:12 Response 15:20, 40:21, 41:4, 41:8, 86:19, 87:2, 92:15, several 12:12, 16:16, 22:19, 54:18, 41:10, 41:11, 46:14, 92:18, 92:19, 92:20, 14:13, 15:5, 15:7, 75:13, 75:16, 79:2, 60:21, 60:23, 63:23, 92:21, 92:24, 93:7, 22:14, 24:7, 54:22, 85:21, 94:9, 98:7 64:2, 66:18, 67:5 95:6 76:14 responsible 20:15, Roadway 86:11 schools 56:10, 87:7 sewer 50:13, 84:24 20:17, 42:5 Roll 3:23, 72:3, Schramm 72:22 share 67:14 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 114 August 8, 2006 sheet 7:14 sit 8:11 SPEARS 2:8, 4:10, 20:2, 22:21, 23:5, shining 11:12 site 8:5, 8:12, 38:9, 4:11, 54:22, 58:6, 23:21, 38:19, 44:20, shop 46:21, 63:19 44:14, 45:23, 85:7, 65:21, 69:9, 69:20, 47:8, 55:7, 55:23, shopping 11:24, 92:20 72:12, 72:13, 73:24, 57:5, 57:10, 57:13, 27:7, 32:13, 33:21, sits 40:23 74:1, 79:18, 79:19, 77:11, 78:9, 78:10 41:19, 63:20, 64:15, Sifting 21:20, 21:21, 81:14, 81:15, 86:16, stations 57:10, 64:15, 65:2 28:13, 71:1, 89:23 86:17, 86:22, 90:17, 57:19, 57:20, 57:24, short 6:23, 50:8 size 8:13, 77:20, 91:20, 93:24, 94:5, 69:16, 77:13 short-term 16:9 96:14 98:14, 99:1, 99:2 stealth 59:24 shortcut 35:2, 35:11 Skogan 27:14, special 76:19, 76:21, Stenger 52:24, 53:3, Shorthand 100:8, 27:17, 27:18 77:14, 77:17, 77:21, 53:3 100:10, 100:13 small 9:23, 17:23, 78:12 step 67:7 shouldn't 19:18, 30:5, 32:3, 32:3, specific 78:1 Steve 36:6, 36:9 19:18, 86:12 60:14, 87:15, 88:9 specifically 14:14, Stevens 88:23 Show 6:3, 10:17, smaller 88:15 18:11, 58:8 stick 64:1 48:8, 52:14, 70:19, Smith 6:22, 37:3, speed 39:11 stone 59:3 75:18, 76:18, 92:9, 37:3 spent 45:13, 58:11 Stonefire 11:7 93:4, 96:10, 96:12 smooth 52:6 spine 9:21, 11:23 stop 23:12, 31:19, showed 68:6, 68:9 soft 11:10 spoke 88:7 39:8 shown 62:11, 83:18 soften 24:8 spokesman 93:20 stoplights 64:19 shows 75:3 solutions 22:16 spring 50:9 stopped 39:4, 39:10 side 3:18, 8:18, 9:23, Somebody 29:5, square 27:6 stops 56:21 11:15, 16:17, 17:11, 41:9, 41:12, 61:16, ss 100:2 storage 8:10, 44:14 17:12, 17:16, 17:17, 62:16, 76:3 SSA 96:12, 96:17, store 17:19, 17:19, 30:14, 30:16, 30:17, Someone 4:15, 14:3, 97:1, 97:6 17:19, 17:22, 64:17 38:24, 57:19, 57:22, 21:12, 23:14, 36:1, Staff 75:4, 77:9, stores 17:13, 31:3, 58:18, 58:19, 62:21, 39:16, 52:21 78:3, 84:2, 84:9, 58:14, 58:17, 58:18 63:4, 76:8, 85:1 somewhere 8:1, 85:14, 87:24, 88:3, storm 38:12 sides 25:2, 61:6 35:14, 66:22, 67:7, 93:16, 95:1 stormwater 5:22, sidewalk 6:12, 12:23 68:18 stage 11:15, 84:9 5:23, 6:16, 7:21, 8:2, sidewalks 12:21, son 31:7 stagger 12:9, 59:16 8:19 26:14 sorry 30:15, 47:15, staggered 59:12, straight 30:19, 64:19 sign 17:23, 65:21 61:23, 87:2, 91:14 59:12 strain 90:11 signatures 28:11 sort 96:2, 96:3, staging 11:16, 11:17 Street 9:22, 10:9, signed 23:23 97:20 Stand 82:21 14:12, 15:10, 22:10, significant 37:16 sound 38:14 Standard 72:22 23:3, 23:6, 23:9, signs 11:11, 65:18 sounded 38:19 standards 78:14, 31:22, 35:5, 40:18, similar 78:20 South 7:12, 7:16, 78:23, 94:17, 94:24 40:18, 42:9, 44:3, single 28:23 10:2, 34:13, 35:5, start 11:14 57:5, 57:11, 62:21, single-family 28:24, 38:13, 47:5, 47:6, started 76:8, 94:19 63:17, 82:7 29:2, 29:11, 29:12, 57:22, 74:18, 80:23, State 9:4, 36:4, 43:4, streetlight 10:18 30:6, 30:9, 31:8, 82:7, 83:13, 83:13, 67:16, 91:13, 100:1, streetlights 10:19, 31:17, 31:21, 34:19, 92:20, 95:15 100:8 10:22 68:6, 68:9, 68:13, southerly 7:3 stated 74:24 streets 40:3, 40:15, 69:1 southwest 52:8 statement 56:17 40:16, 40:17, 41:13, Sir 21:13, 38:16, SPEAKERPHONE states 67:20 41:13, 41:15, 42:10, 42:18, 43:18, 48:12 2:13 station 18:8, 18:19, 42:12, 64:13, 64:14, sister 45:15 speaks 78:1 19:16, 19:19, 19:23, 64:16, 64:22, 64:23, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 115 August 8, 2006 65:1 88:4 16:1, 16:1, 16:7, strip 27:21, 30:5, ties 34:23 16:9, 16:11, 16:19, 91:7 < T > tile 38:7 18:21, 19:14, 22:9, strips 30:8 talked 39:13, 68:23, tiles 38:11 22:11, 23:4, 28:12, strongly 33:23 76:4, 83:8, 84:13, Tim 33:12, 33:16, 30:21, 33:24, 34:11, structures 59:9 86:8, 91:11, 96:8 43:6 34:13, 35:11, 40:11, STRYZNICK 39:18, talks 46:9, 46:19 Timothy 80:6 41:24, 42:12, 43:2, 39:21, 39:22, 41:16 Tamara 80:4 today 5:19, 8:16, 52:11, 54:24, 54:24, stubbed 40:16 Tammy 83:12 8:17, 37:5, 38:11, 56:18, 63:22, 64:3, stuck 87:3 Target 13:5, 28:6, 41:15 64:11, 66:14 studied 9:17 66:22 Todd 27:14, 27:17 trailer 11:18 Study 10:23, 15:24, tax 52:10, 66:16, tonight 15:4, 15:11, train 21:22 16:1, 16:10, 16:11, 67:2 15:18, 21:5, 28:22, trained 55:14 40:14, 54:24, 64:4, team 92:15, 92:18 74:8, 76:24, 84:8, training 92:13 86:11, 96:13 temporary 65:13 88:24 transcript 100:13 stuff 60:8 ten 19:9, 91:16 Tony 50:21 transition 25:3, subdivision 30:24, ten-percent 90:18 took 39:4, 71:8 95:24 34:2, 34:14, 49:15, tenant 13:2 top 10:11 transitional 17:7, 66:9, 66:20, 68:24, tenants 13:4, 13:8 topography 7:1, 18:3, 29:11, 32:17, 95:10 terms 78:21, 89:3 7:15, 58:21 32:17, 32:23 subdivisions 34:16, test 20:3 total 68:16 Travis 2:11, 74:5, 64:7 testified 4:19, 6:19, totally 24:24, 47:2, 75:19, 76:17, 86:9, subject 58:11 14:7, 21:16, 23:17, 69:9, 89:21, 95:24 94:12 submittal 75:4 27:15, 29:18, 32:9, tough 66:23 Treasurer 2:10 substantially 75:5 33:13, 36:7, 36:22, towards 7:4, 7:4, treatment 77:24 suburbs 52:9 39:19, 43:22, 48:15, 7:11, 8:17, 31:4, treatments 77:23, sudden 45:6 51:8, 53:1, 53:16, 37:4, 37:6, 37:7 77:24 suggest 26:19, 59:6, 81:22, 86:2 towers 91:8 trees 49:3, 62:16, 71:3 testimony 13:21, Town 32:3, 32:3, 62:17, 62:21, 63:14, suggested 86:9 17:6, 39:5, 85:19 38:22, 38:24, 49:1, 96:10 suggestion 55:22, Thanks 9:7, 47:20, 57:19, 57:22, 57:22, tremendous 20:23, 56:3, 57:4 54:16 61:23, 61:24, 92:24 21:1 suit 87:9 theme 88:14, 89:1 town home 6:11, trend 23:13 sum 96:9 themselves 59:15 31:5, 34:19 tributary 7:4 summer 35:1 they've 19:4 townhomes 6:7, tried 90:23 Super 13:5 third 85:1 6:11, 27:20, 27:23, truck 6:10, 11:22, support 69:5 thoroughfare 38:22 28:3, 28:12, 28:16, 22:11 supported 33:23 though 24:16, 25:1, 29:4, 30:8, 31:8, trucks 11:23, 45:14, surrounding 24:9, 41:17, 76:18 40:4, 58:19, 68:10 45:14, 45:15, 45:24, 25:20, 57:9 thoughts 14:2, 24:16 townhouse 9:9, 46:7 survey 49:4, 50:10 thousand 86:10 12:5, 29:13 trucks. 45:17 Svanovick 80:7 threats 70:10 townhouses 29:7, true 16:18, 100:12 swales 8:21 three 3:4, 16:13, 61:11 Trust 72:22, 72:24 swear 82:1, 82:10 17:15, 49:16, 63:1, towns 52:12 Trustee 72:23 sweet 6:23 63:3, 83:18, 84:20, Township 73:9 truth 28:5 swerve 48:23 90:16, 97:21 track 21:21 try 13:24, 76:11, sworn 82:22, 100:7 throughout 90:7 traffic 6:8, 9:15, 76:12, 83:2 system 83:6 Thursday 87:22, 15:13, 15:15, 15:24, trying 7:18, 10:17, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 116 August 8, 2006 16:6, 42:22, 53:22, 47:19 vividly 71:10 69:22, 69:23, 8213, 69:19 Unit 73:3, 80:16, vote 22:5 89:6, 95:14, 96:14 Tuesday 94:10, 83:19 whatsoever 69:18 95:23, 96:19, 98:10 United 1:2, 2:20, WHEREOF 100:16 turn 16:12, 31:2, 73:1, 73:2, 74:13, <W> WHEREUPON 4:17, 31:4 75:8, 80:14, 80:16 Wadsworth 23:16, 6:17, 14:5, 21:14, turned 29:3 units 12:18, 12:19, 23:19, 23:20, 70:4 23:15, 27:13, 29:16, turning 18:23 92:19 wait 28:6 32:7, 33:11, 36:5, turnkey 89:20 unless 48:2, 48:7 waiting 21:21, 36:20, 39:17, 43:20, tw 59:5 unpleasant 70:8 43:19, 89:23 48:13, 51:6, 52:23, tweaked 5:16 until 28:6, 65:13 walk 30:12 53:14, 81:20, 85:24 twice 98:4 update 5:11, 13:2, walked 28:10 whether 69:22 two 24:4, 24:18, 91:10 Walker 47:5, 47:5 whim 55:18 25:2, 27:19, 28:9, upfront 95:14 wall 29:8, 59:10 whole 7:13, 37:12, 29:6, 31:11, 46:19, upgrade 95:1 walls 24:18 42:2, 53:6, 54:7, 49:15, 83:10, 90:15, upgrades 94:16 want. 52:13 76:2, 89:8, 89:18, 95:20 urban 18:24 wanted 38:22, 91:24, 92:10, 92:15, type 6:5, 9:12, 11:4, urge 16:10, 17:9, 44:19, 46:24, 51:20, 93:10 11:9, 11:9, 25:5, 18:16, 35:20 57:14, 78:9, 82:1, wide 91:7 59:3, 59:7, 59:24, user 77:17, 77:18 93:8, 93:18 widen 46:20, 46:21, 60:8, 60:13, 60:14, uses 3:11, 73:4, wants 28:7, 66:21, 76:11 60:18, 62:8, 62:14, 77:14, 78:6, 80:17 69:10 widening 16:13, 63:15 using 92:12 Warner 82:10, 82:14, 16:16, 45:3, 76:4, types 61:2, 62:19 utilizing 11:16 82:18, 83:1, 86:1, 76:7 typical 41:14 86:4, 86:5, 91:10, wife 28:6, 30:2, typically 56:5, 77:17 91:14, 91:15 64:15 < V> water 6:3, 6:16, 7:8, Wilderness 50:8 vacation 87:24 7:10, 8:6, 8:10, 8:23, wildlife 49:8 Valerie 2:4, 93:6 8:23, 9:3, 9:5, 61:16 WILLIAM 2:10 umbrage 18:7 value 24:19, 95:9 watered 94:18 willing 42:16, 93:5 unable 24:15 valve 10:10, 42:9 week 77:5, 78:17, Willis 80:12 unanimously 74:21, various 15:14, 49:7, 78:19, 85:12, 86:8, winds 10:8 84:3 56:19 88:2, 95:6 wisely 53:11 underlying 77:15 vast 23:13 weeks 47:12 wishes 70:7 understand 14:1, vegetation 17:13 welcome 42:20, Within 15:6, 20:2, 18:10, 20:13, 25:22, vehicle 27:8 56:20 60:2, 78:6 27:1, 27:2, 28:23, venting 46:23 well-known 13:8 without 10:11, 47:10, 66:21 venture 5:1 West 8:17, 14:12, 14:21, 71:9 understanding 24:2, verify 64:4 30:16, 34:14, 45:24, WITNESS 100:16 97:12 Veteran 10:6 63:4, 63:17, 66:6, Witnesses 82:22 Undesser 83:10 VIA 2:13 66:8, 80:22 WOLFER 2:14, 4:2, undulating 17:15, viable 27:8 westbound 10:5 4:3, 66:4, 72:4, 72:5, 59:13 vicinity 8:1 Westbury 83:9 73:16, 73:17, 79:10, unfamiliar 63:24 Village 27:7, 60:15, Western 29:21, 34:5, 79:11, 81:8, 81:9, Unfortunately 50:5 83:11, 83:13, 85:8 34:6, 86:11 83:3, 95:5, 98:17, unified 83:19 villages 83:18 wetland 49:6, 49:7 98:18 uniform 89:3 VITOSH 1:8, 100:6, Whatever 11:7, wondering 30:12, unincorporated 100:23 36:17, 37:10, 57:23, 54:13, 64:4 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 117 August 8, 2006 woods 63:12 word 83:3 < Dates > words 70:17, 89:17, 4-01-0 72:23 90:2, 93:13 august 8, 2006 1:8, work 25:24, 26:14, 1:8, 1:8 27:3, 54:3, 71:4, 76:11, 93:7, 94:24, 96:12, 96:17 worked 22:16, 56:9, 70:14, 71:20 working 9:5, 12:1, 13:7, 27:5, 84:18, 95:11 works 6:4 worried 23:1 worry 69:14 writing 84:20 INYETH 2:19, 82:13 <Y> yard 28:1, 29:5, 29:6, 29:12, 29:12, 44:13, 44:14, 53:23, 54:13, 69:13 yards 26:16, 28:24, 29:1 year 29:22, 44:14 years 19:2, 21:4, 22:4, 25:6, 27:19, 28:4, 39:10, 45:19, 50:17, 50:23, 51:15, 58:11, 66:11, 67:6, 76:14 <Z > zigzagging 64:16 zone 31:2 zoned 75:1, 75:24 zoning 15:2, 17:7, 18:3, 20:16, 20:17, 21:9, 29:11, 31:16, 32:17, 32:18, 32:23, 48:20, 73:3, 77:15, 77:16, 80:17, 84:4, 97:22 Depo Court Reporting Service (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLIN IS, FIELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD RAFT THE BEECHER CENTER,908 GAME FARM ROAD ON TUESDAY,SEPTEMBER 26.2006. 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 Burd Present Wolfer Present Ward III Bock Present Munns Present Ward IV Besco Present Spears Present(met City Council at Beecher Center 7:10) Also present: City Clerk Milschewski,City Attorney Wyeth,Interim City Administrator Crois, Assistant City Administrator Olson,Police Chief Martin,Police Lieutenant Schwartzkopf, Director of Public Works Dhuse,Community Development Director Miller,Finance Director Mika,Director of Park&Recreation Mogle,Deputy Clerk Pickering,and Public Relations Manager Spies. QUORUM A quorum was established. Mayor Prochaska entertained a motion to adjourn the meeting and reconvene it at the Beecher Center. So moved by Alderman Bock;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Leslie-aye,Burd-aye,Wolfer-aye,Bock-aye,Munns-aye,Besco-aye The meeting was adjourned and reconvened at the Beecher Center at 7:10 p.m. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska asked that Item#1—Ordinance Amending City Code Title 1—Administration, Chapter 5—Mayor and City Council Regarding Dissemination of Information under the Mayor's Report be moved to under the City Council Report. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,October 17,2006 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M.,Tuesday,October 17,2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,October 3,2006 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M.,Tuesday,October 3,2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced PRESENTATIONS None. The Minutes of the Regular Meeting of the City Council—September 26,2006—page 2 PUBLIC HEARINGS Pat Smart (PC 2006-61) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Pat Smart,petitioner,who has filed an application with the United City of Yorkville,Kendall County, Illinois requesting a special use in the United City of Yorkville for a pre-kindergarten in a B-3 Service Business District. The real property consists of approximately 1258 square feet located southwest corner of Route 34 and Sycamore Road(Fox Hill Center)in Kendall County,Illinois. So moved by Alderman Wolfer;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye James-aye, Munns-aye,Burd-aye,Spears-aye,Bock-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Wolfer;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye,Wolfer-aye James-aye,Munns-aye, Burd-aye,Spears-aye,Bock-aye,Besco-aye Neil,Beverly and Craig Borneman (PC 2006-44) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Neil,Beverly and Craig Borneman,petitioners,who have filed an application with the United City of Yorkville,Kendall County,Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 to United City of Yorkville A-1 Agricultural District,,B- 3 Service Business District and B-3 Special Use for Gasoline Service Station and for hearing as to the Annexation Agreement of Petitioner. The real property consists of 258 acres north and south of Route 71 and east of Highpoint Road in Kendall County,Illinois. So moved by Alderman Wolfer;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Burd-aye,Munns-aye,James-aye, Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to end the meeting if the applause from the public continued.So moved by Alderman Munns;seconded by Alderman Besco. Motion defeated by a roll call vote. Ayes-2 Nays-6 Wolfer-nay,James-nay,Munns-aye,Burd-nay, Spears-nay,Bock-nay,Besco-aye,Leslie-nay Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Munns;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,Munns-aye,James-aye,Wolfer-aye, Leslie-aye,Besco-aye,Bock-aye,Spears-aye North Star Trust Company (PC 2006-71) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing North Star Trust Company u/t dated August 8,2006,No.06-9993,petitioner,who has filed an application with the United City of Yorkville,Kendall County,Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 to United City of Yorkville B-3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 15.32 acres located on the south side of Route 71 west of Highpoint Road in Kendall County,Illinois. So moved by Alderman Bock;seconded by Alderman Wolfer. The Minutes of the Regular Meeting of the City Council—September 26,2006—page 3 Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,Munns-aye,James-aye, Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye,Spears-aye, Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,James-aye, Wolfer-aye,Leslie-aye, Besco-aye,Bock-aye,Spears-aye,Burd-aye Eric and Diane Schanze (PC 2006-45) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Eric and Diane Schanze,petitioner,who have filed an application with the United City of Yorkville,Kendall County,Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 and R-3 One Family Residence District to United City of Yorkville M-1 Limited Manufacturing District,B-3 Service Business District and R-2 One- Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 80 acres located on Highpoint Road and State Route 71 in Kendall County,Illinois. So moved by Alderman Bock;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,James-aye, Wolfer-aye,Leslie-aye, Besco-aye,Bock-aye,Spears-aye,Burd-aye, Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Wolfer-aye,Leslie-aye,Besco-aye, Bock-aye,Spears-aye,Burd-aye,Munns-aye North Star Trust Company (PC 2006-67) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing North Star Trust Company u/t dated August 8,2006,No.06-9993,petitioner,who has filed an application with the United City of Yorkville,Kendall County,Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 to United City of Yorkville A-1 Agricultural District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 759.7 acres located on the south side of Route 71 east and west of Sleepy Hollow Road in Kendall County,Illinois. So moved by Alderman Besco; seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Wolfer-aye,Besco-aye,Bock-aye,Spears-aye,Burd-aye,Munns-aye *Alderman Leslie was not present for the vote Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye, Spears-aye,Burd-aye,Munns-aye,James-aye Vacation of Sleepy Hollow Road Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the vacation of Sleepy Hollow Road located south of Illinois Route 71,that part of sections 14 and The Minutes of the Regular Meeting of the City Council—September 26,2006—page 4 23,Township 36 North,Range 6 East of the Third Principal Meridian described as follows: That part of Sleepy Hollow Road lying south of the Southline of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26 seconds west and the easterly prolongation of said line at a pointe 1935.49 feet north of the south quarter corner of said section 23,in Kendall County,Illinois. So moved by Alderman James;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye, Spears-aye,Burd-aye,Munns-aye,James-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye,Besco-aye,Bock-aye,Spears-aye, Burd-aye,Munns-aye,James-aye,Wolfer-aye CITIZEN COMMENTS None. CONSENT AGENDA 1. Building Permit Report for August 2006(EDC 2006-235) 2. Resolution 2006-78-Approving the Preliminary Plan of Subdivision for Kleinwachter authorize the Mayor and City Clerk to execute (EDC 2005-52) 3. Cobblestone(EDC 2006-26) a. Ordinance 2006-94 -Authorizing the Execution of a Development Agreement -authorize the Mayor and City Clerk to execute b. Resolution 2006-79-Approving the Preliminary Planned Unit Development Plan-authorize the Mayor and City Clerk to execute c. Resolution 2006-80-Approving the Preliminary Plan of Subdivision- authorize the Mayor and City Clerk to execute 4. Resolution 2006-81-Approving the Preliminary Plan and Final Plat of Subdivision for Prairie Point- authorize the Mayor and City Clerk to execute,subject to staff comments and legal review particularly regarding Crinsson Lane and Post Office cross access easement(EDC 2006-50) 5. Resolution 2006-82-Approving the Final Plat of Subdivision for Prestwick of Yorkville Unit 2-authorize the Mayor and City Clerk to execute,subject to staff comments and legal review(EDC 2006-57) 6. Resolution 2006-83-Approving the Final Plat of Subdivision for Kendallwood Estates- authorize the Mayor and City Clerk to execute,subject to staff comments and legal review, temporary Route 126 access to remain in place until permanent access obtained on Route 126 in development agreement(EDC 2006-63) 7. Ordinance 2006-95-Rezoning Kendall Marketplace-authorize the Mayor and City Clerk to execute(EDC 2006-34) 8. Water Department Report for June 2006(PW 2006-146) 9. Water Department Report for July 2006(PW 2006-147) 10. Resolution 2006-84-IDOT Highway Permit and Resolution—Walnut Plaza-authorize the Mayor and City Clerk to execute(PW 2006-148) 11. Resolution 2006-85-IDOT Highway Permit and Resolution—BP Amoco-authorize City Clerk to execute(PW 2006-149) 12.Resolution 2006-86-DOT Highway Permit and Resolution—Fountain Village- authorize the Mayor and City Clerk to execute(PW 2006-150) 13. Prestwick(Unit 1)—Earthwork Letter of Credit Reduction#2-authorize decrease in an amount not to exceed $186,805.62,subject to verification that developer has no outstanding debt owed to the City(PW 2006-151) 14.Prestwick(Unit I)—Sitework Letter of Credit Reduction#3-authorize decrease in an amount not to exceed $931,309.18,subject to verification that developer has no outstanding debt owed to the City(PW 2006-152) 15. Raintree Village Unit 6—Theoretical Construction Guarantee Reduction#2-authorize decrease in an amount not to exceed $761,177.11,subject to verification that developer has no outstanding debt owed to the City(PW 2006-153) 16. River's Edge Subdivision Unit 1—Warranty Letter of Credit Expiration —authorize City Clerk to call the River's Edge Unit 1 Warranty Letter of Credit if the punch list is not satisfactorily addressed by November 17,2006 (PW 2006-154) The Minutes of the Regular Meeting of the City Council—September 26,2006—page 5 17. Galena Road Watermain-Change Order#1—approve increase in an amount not to exceed$14,695.80(PW 2006-155) 18. Walnut Plaza—Plat of Dedication and Plat of Easement-authorize the Mayor and City Clerk to execute(PW 2006-156) 19. YMCA—Pool Property Construction Easement—approve easement agreement and authorize staff to execute(PW 2006-157) 20. DOT Request—Subordination of Surface Rights for SE corner of Route 47 and Countryside Parkway-authorize the Mayor and City Clerk to execute(PW 2006-158) 21. ComEd Interceptor—Easement Letter Agreement—authorize in an amount not to exceed $16,600.00 and authorize the Mayor and City Clerk to execute,subject to identifying available funding(PW 2006-159) 22. Yorkville Market Square—Sidewalk Agreement—authorize City Administrator to execute(PW 2006-160) 23. Garden Club Proposal for Hanging Baskets in Downtown Area—approve proposal as presented(PW 2006-161) 24. Sale of Generator—authorize sale to the Village of Capron in an amount not to exceed $6500.00(PW 2006-162) 25. Resolution 2006-87—Approving the Road Fee Policy-authorize the Mayor and City Clerk to execute(PW 2006-126) 26. BP Amoco Redevelopment—Sidewalk Agreement-authorize City Administrator to execute(PW 2006-165) 27. Resolution 2006-88—IDOT Highway Permit and Resolution—Speedway-authorize the Mayor and City Clerk to execute(PW 2006-166) 28. Ordinance 2006-96—Approving Variance for Reduction of Corner Side Yard Setback for Residence located at 207 W.Ridge Street- authorize the Mayor and City Clerk to execute(ZBA 2006-58) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman James;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye, Spears-aye,Bock-aye,Besco-aye,Leslie-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings of May 9,2006 and May 23,2006;seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated September 14,2006 totaling the following amounts:checks in the amount of $1,198,849.97(vendors);$191,729.03(payroll period ending 9/6/06);for a total of $1,390,579.00;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye REPORTS MAYOR'S REPORT City Audit Update Mayor Prochaska asked Director Mika to give an update regarding the City's audit. Director Mika explained that the audit has been delayed due to the auditors and will begin on Monday, October 2,2006. Mayor Prochaska noted that this is the second year that the audit has been delayed by the auditors and suggested their contract be re-examined to address this. The Minutes of the Regular Meeting of the City Council—September 26,2006—page 6 CITY COUNCIL REPORT Ordinance 2006 Amending City Code Title 1—Administration,Chapter 5 Mayor and City Council Regarding Dissemination of Information Mayor Prochaska entertained a motion to approve an Ordinance Amending City Code Title I— Administration,Chapter 5-Mayor and City Council Regarding Dissemination of Information as presented. So moved by Alderman Burd;seconded by Alderman James. Alderman Burd commented that she suggested the amendment so that staff will understand that the City Council is the ultimate authority. She noted what was amended to the ordinance and stated that she hoped the amendment will make it easier for staff to comply with City Council requests. Mayor Prochaska reminded the City Council that it has unfettered access to all City files per state statute. Motion approved by a roll call vote. Ayes-8 Nays-0 Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye, James-aye,Munns-aye,Burd-aye,Spears-aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that testing began at the new water treatment facility and it will continue for a few weeks. CATFF OF POLICE'S REPORT No report. DIRECTOR OF PARKS&RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT No report. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006-98 Schramm Authorizing the Execution of an Annexation Agreement (PC 2005-44) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with the owner of a property commonly known as Schramm property,the The Minutes of the Regular Meeting of the City Council—September 26,2006—page 7 subject property of Application#PC 2005-44,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review; seconded by Alderman Besco. Alderman Spears questioned if the agreement was signed by the property owners and Director Miller indicated that the original copy was signed. Alderman Spears then questioned the exhibits of the agreement and Director Miller explained that one of the exhibits was a color concept plan which was modified to address density,the alignment of the houses to Route 47,etc. Motion approved by a roll call vote. Ayes-8 Nays-1 Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Munns-aye, Burd-aye,Spears-nay,Bock-aye,Prochaska-aye Ordinance 2006-99 Schramm-Annexation (PC 2005-44) A motion was made by Alderman Munns to approve an Ordinance annexing territory commonly known as the Schramm property,as presented,in furtherance of an Annexation Agreement with the owner,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-1 Leslie-aye,Wolfer-aye,James-aye,Munns-aye, Burd-aye,Spears-nay,Bock-aye,Besco-aye Ordinance 2006-100 Schramm-Rezoning (PC 2005-44) A motion was made by Alderman Munns to approve an ordinance rezoning certain property commonly known as the Schramm property in furtherance of an Annexation Agreement with the owner,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-2 Wolfer-nay,James-aye,Munns-aye,Burd-aye, Spears-nay,Bock-aye,Besco-aye,Leslie-aye Ordinance 2006-101 O'Keefe Property Authorizing the Execution of an Annexation Agreement (PC 2006-37) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with the owner and developer of property commonly known as the O'Keefe property,the subject of Application#PC 2006-37,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review;seconded by Alderman Besco. Alderman Spears questioned if the agreement was signed by the property owners and Director Miller indicated that the original copy was signed. She also pointed out an error on page 15, second to the last sentence,the wording was duplicated. Director Miller went over Exhibit F which identified the limited land uses. He indicated that staff recommended that building material sales be allowed so that the property could be used for a Home Depot or Lowe's store. Mayor Prochaska asked if there were any questions regarding the staff's recommendations. There were none so he entertained a motion to amend the original motion to include the two amendments. So moved by Alderman Munns;seconded by Alderman Wolfer. Amending motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye Original motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye Ordinance 2006-102 O'Keefe Property-Annexation (PC 2006-37) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly known as the O'Keefe property,as presented,in furtherance of an Annexation Agreement with The Minutes of the Regular Meeting of the City Council—September 26,2006—page 8 the owner and developer,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Burd-aye,Spears-aye,Bock-aye, Besco-aye,Leslie-aye,Wolfer-aye,James-aye Ordinance 2006-103 O'Keefe Property-Rezoning (PC 2006-37) A motion was made by Alderman Munns to approve an ordinance rezoning certain property commonly known as the O'Keefe property in furtherance of an Annexation Agreement with the owner and developer,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-1 Burd-aye,Spears-aye,Bock-aye,Besco-aye, Leslie-aye,Wolfer-nay,James-aye,Munns-aye Ordinance 2006-104 Granting Rezoning—Fox Hill Center (PC 2006-61) A motion was made by Alderman Munns to approve an ordinance granting rezoning for the property located at Fox Hill Center,southwest corner of Route 34 and Sycamore Road,as presented,subject to staff comments and final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Bock-aye,Besco-aye,Leslie-aye, Wolfer-aye,James-aye,Munns-aye,Burd-aye Ordinance 2006-105 Borneman Authorizing the Execution of an Annexation Agreement (PC 2006-44) A motion was made by Alderman Mumps to approve an ordinance authorizing the execution of an Annexation Agreement with the owner of property commonly known as the Borneman Farm property,the subject of Application 4 PC 2006-44,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review; seconded by Alderman Besco. Alderman Spears questioned the following: o No date was entered on page one of the agreement-Director Miller explained that the date is entered on the agreement after it is approved;the date used is the approval date. o What school district the property was in-Mayor Prochaska indicated that it was in Yorkville CUSD#115. o Waived fees mentioned on pages 2-4-Director Miller indicated that the fees referred to were the application fee which the City has historically waived when an annexation does not change the land use. The road fee applies to residential roads of which there will be none under the present zoning. Mayor Prochaska noted that if the property develops as residential,the fees become applicable. Motion approved by a roll call vote. Ayes-6 Nays-3 Bock-aye,Besco-aye,Leslie-nay,Wolfer-aye,James-aye, Munns-aye,Burd-nay,Spears-nay,Prochaska-aye Ordinance 2006-106 Borneman-Annexation (PC 2006-44) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly known as the Borneman Farm property,as presented,in furtherance of an Annexation Agreement with the owners,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Alderman Burd clarified if a super majority was needed for the motion to pass and Mayor Prochaska stated that four aye votes were needed for the motion to be approved. Motion approved by a roll call vote. Ayes-5 Nays-3 Besco-aye,Leslie-nay,Wolfer-aye,James-aye, Munns-aye,Burd-nay,Spears-nay,Bock-aye The Minutes of the Regular Meeting of the City Council—September 26,2006—page 9 Ordinance 2006-107 Borneman-Rezoning (PC 2006-44) A motion was made by Alderman Munns to approve an ordinance rezoning certain property commonly known as the Borneman Farm property in furtherance of an Annexation Agreement with the owners,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Aldennan Besco. Motion approved by a roll call vote. Ayes-5 Nays-3 Leslie-nay,Wolfer-aye,James-aye,Munns-aye, Burd-nay,Spears-nay,Bock-aye,Besco-aye Ordinance 2006-108 North Star Trust Company,Trust#06-9993 Authorizing the Execution of an Annexation Agreement (PC 2006-71) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with the owner of property commonly known as North Star Trust Parcel "B"property,the subject of Application#PC 2006-71,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review; seconded by Alderman Besco. Alderman Burd noted that the Plan Commission voted against the zoning changes. She stated that she spoke with a few members of the Commission and she felt they were uncomfortable with the situation. She asked some of the City Council members to rethink this agreement. She stated that while she agreed that the City Council would want to control something that is this close to the city's border,she was not totally convinced that this is the right way to handle the situation. She also stated that she felt the City was just as capable as the County in making a determination as to a landfill. She commented that she was made uncomfortable by things she heard from the public. Alderman Spears questioned the following: o What school district was the property in-Mayor Prochaska stated that it was in the Yorkville School District#115 o Page 5,#7-Building Codes—she stated that she felt the codes should be effective when the agreement is adopted-Director Miller explained the reasoning behind the twelve month provision. o Page 4,#6B—referring to ISO insurance rating—Attorney John Phillipchuck explained that this is a commercial property and any buildings will be designed to the given code however code changes which are not for life safety reasons can cause delays to the plans and construction Alderman Besco stated that the vote in front of the City Council was for the annexation and zoning of property and each parcel should be taken for its merit;the City Council is not voting on any future possible use of the property. Alderman James agreed with Alderman Besco that the vote before the City Council was for the annexation and rezoning of a piece of property;any changes to the land use will have to go through a process for approval. He stated that he did not feel the County was taking the City's best interest into account and he felt his concerns were confirmed tonight by statements made by Kendall County's attorney. He stated that this is the reason why the annexations have been brought forward in such a quick manner. He felt that the focus should be that the City has a say in any future matters. Alderman Munns reiterated that the vote before the City Council was the annexation and rezoning of property. He stated that this was a big decision for the City Council to make and asked the public to keep an open mind. Motion approved by a roll call vote. Ayes-6 Nays-3 Wolfer-aye,James-aye,Munns-aye,Burd-nay,Spears-nay, Bock-aye,Besco-aye,Leslie-nay,Prochaska-aye Ordinance 2006-109 North Star Trust Company-Annexation (PC 2006-71) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly known as North Star Trust Parcel"B"property,as presented,in furtherance of an Annexation Agreement with the owners,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council—September 26.2006—page 10 Motion approved by a roll call vote. Ayes-5 Nays-3 James-aye,Munns-aye,Burd-nay,Spears-nay, Bock-aye Besco-aye,Leslie-nay,Wolfer-aye Ordinance 2006-110 North Star Trust Company-Rezoning (PC 2006-71) A motion was made by Alderman Munns to approve an ordinance rezoning certain property commonly known as the North Star Trust Parcel"B"property in furtherance of an Annexation Agreement with the owners,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-3 Munns-aye,Burd-nay,Spears-nay,Bock-aye, Besco-aye,Leslie-nay,Wolfer-aye,James-aye Ordinance 2006-111 Schanze-Authorizing the Execution of an Annexation Agreement (PC 2006-45) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with the owners of property commonly known as the Schanze property, the subject of Application 4 PC 2006-45,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review;seconded by Alderman Besco. Alderman Spears questioned the following: o Which school and fire protection districts this property was in-Mayor Prochaska indicated that it was in the Yorkville School District and the Bristol-Kendall Fire Department District. o Page 3 of the agreement refers to Exhibit"C"and she did not get this exhibit-Director Miller stated that the exhibit was included in the City Council's Plan Commission packet. o Page 5—paragraph E—regarding the reimbursement of costs incurred in the annexation process-Mayor Prochaska explained that historically these fees have been waived when properties are annexed with business or manufacturing zoning. Motion approved by a roll call vote. Ayes-6 Nays-3 Spears-nay,Bock-aye,Besco-aye,Leslie-nay,Wolfer-aye, James-aye,Munns-aye,Burd-nay,Prochaska-aye Ordinance 2006-112 Schanze-Annexation (PC 2006-45) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly known as the Schanze property,as presented,in furtherance of an Annexation Agreement with the owners,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-3 Bock-aye,Besco-aye,Leslie-nay,Wolfer-aye, James-aye,Munns-aye,Burd-nay,Spears-nay Ordinance 2006-113 Schanze-Rezoning (PC 2006-45) A motion was made by Alderman Munns to approve an ordinance rezoning certain property commonly known as the Schanze property in furtherance of an Annexation Agreement with the owners,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-3 Besco-aye,Leslie-nay,Wolfer-aye,James-aye, Munns-aye,Burd-nay,Spears-nay,Bock-aye Ordinance 2006-114 North Star Trust Company Authorizing the Execution of an Annexation Agreement (PC 2006-67) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with the owner of property commonly known as North Star Trust Parcel "A"property,the subject of Application 4 PC 2006-67,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review;seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council—September 26.2006—page 11 Alderman Spears questioned which school districts this property was in and Mayor Prochaska indicated that it was in the Newark School District. Alderman Bock commented that no matter which way the vote goes,someone loses. He reiterated that the votes before the City Council tonight were for annexation and zoning and he has not prejudged any future use of the property annexed. He stated that he understood the emotions of the public and appreciated their comments because this is what democracy is all about however the City Council has to base its decisions on the best interest of the entire City and not just on the interest of the people who come to a meeting. He stated that he agreed with Alderman Burd in that the City Council is just as competent as the Kendall County Board. He stated that the Council is trying to do the best it can and he asked the public to consider the integrity of the City Council when they attack them or question their motives. He encouraged the public to keep attending meetings and giving their input. Alderman Burd stated that the City Council tries to do the best for the whole City however there are occasions when they have to represent the people in their wards. She encouraged the public to contact their aldermen and to get to know them. Motion approved by a roll call vote. Ayes-6 Nays-3 Leslie-nay,Wolfer-aye,James-aye,Munns-aye,Burd-nay, Spears-nay,Bock-aye,Besco-aye,Prochaska-aye Ordinance 2006-115 North Star Trust Company-Annexation (PC 2006-67) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly known as North Star Trust Parcel"A"property,as presented,in furtherance of an Annexation Agreement with the owners,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-3 Wolfer-aye,James-aye,Munns-aye,Burd-nay, Spears-nay,Bock-aye Besco-aye,Leslie-nay Ordinance 2006-116 North Star Trust Company-Rezoning (PC 2006-67) A motion was made by Alderman Munns to approve an ordinance rezoning certain property commonly known as the North Star Trust Parcel"A"property in furtherance of an Annexation Agreement with the owners,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Alderman Spears noted that she once lived near a landfill and that this is a hard vote because she wants what is best for the United City of Yorkville. She further noted that the County residents have complained about the odor of the yard waste recycling operation and that the operation has been under the control of the County and they must not have been doing a satisfactory job. Motion approved by a roll call vote. Ayes-5 Nays-3 James-aye,Munns-aye,Burd-nay,Spears-nay, Bock-aye,Besco-aye,Leslie-nay,Wolfer-aye Ordinance 2006-117 Amending and Restating City Code Title 8— Building,Chapter 14—Pollution Control Siting A motion was made by Alderman Munns to approve an ordinance amending and restating City Code Title 8—Building,Chapter 14—Pollution Control Siting,as presented subject to legal review;seconded by Alderman Besco. Mayor Prochaska reminded the City Council that since it is unknown if and when an application may come into the City,the application would be subject to the ordinances in effect at the time of the application. This update allows for more public input. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-0 Munns-aye,Burd-aye,Spears-present,Bock-aye, Besco-aye,Leslie-aye,Wolfer-aye,James-aye Resolution 2006-89 Approve Host City Agreement A motion was made by Alderman Munns to approve a resolution to approve the City Host Agreement as presented,subject to legal review;seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council—September 26.2006—page 12 Motion approved by a roll call vote. Ayes-7 Nays-1 Burd-aye,Spears-aye,Bock-aye,Besco-aye, Leslie-nay,Wolfer-aye,James-aye,Munns-aye Vacating Portion of Sleepy Hollow Road A motion was made by Alderman Munns to approve an ordinance vacating a portion of Sleepy Hollow Road as presented,subject to legal review;seconded by Alderman Besco. Mayor Prochaska asked if the vacation of the road had to be done immediately. Attorney Phillipchuck stated that there was no longer a need for the road and now that the property is annexed,the City is responsible for its maintenance. He also noted that the vacation will not affect the neighboring property. Mayor Prochaska noted that this needed a 3/4 vote for approval. Alderman Spears stated that based on the statements from residents they were not informed of the vacation in a timely basis;she was not in favor of vacating the road. Motion defeated by a roll call vote. Ayes-3 Nays-5 Spears-nay,Bock-nay,Besco-aye,Leslie-nay, Wolfer-nay,James-aye,Munns-aye,Burd-nay Attorney Phillipchuck asked the City Council if they would please reconsider the vacation by placing it on the next City Council agenda. Mayor Prochaska explained that this could be done but the motion would have to be made by an alderman voting in the majority. A motion was made by Alderman Burd to reconsider this matter at the next City Council meeting; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-1 Munns-aye,Burd-aye,Spears-aye,Bock-aye, Besco-aye,Leslie-nay,Wolfer-aye,James-aye Ordinance 2006-118 Kendallwood Estates Authorizing Execution of Development Agreement (PC 2006-63) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of a Development Agreement for PC 2006-63 Kendallwood Estates as presented,subject to staff comments and legal and staff review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye, James-aye,Munns-aye,Burd-aye,Spears-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Alderman Munns stated he received a postcard from a child in Yorkville which indicates a sign that states"No Skateboarding,Bike Riding,Rollerblading,Roller-skating,Scooter Riding". The child suggested that this sign also include"No Fun". Mayor Prochaska explained that the sign is posted at the parking lot of St.Patrick's Church. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 12.03 A.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois ***Tapes of meeting inaudible due to acoustics of Beecher Center. 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 September 26 , 2006, at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville, Illinois . D-805106 DEPO • 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 PRESENT : 2 MR . ARTHUR F . PROCHASKA, Mayor; 3 MR . PAUL JAMES , Alderman; 4 MR . JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderwoman; 6 MR. DEAN WOLFER, Alderman; 7 MR. MARTY MUNNS , Alderman; 8 MR. JOSEPH BESCO, Alderman; 9 MS . ROSE ANN SPEARS , Alderman; 10 MR. JOHN CROIS , City Administrator; 11 MR. WILLIAM POWELL, Treasurer . 12 MS . JACQUELYN MILSCHEWSKI , City Clerk . 13 14 APPEARANCES : 15 MR . JOHN JUSTIN WYETH, appeared on behalf of the United 16 City of Yorkville, Illinois ; 17 MR . DERKE J. PRICE . 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 3 1 (WHEREUPON, 2 proceedings were had 3 which were not 4 reported . ) 5 MAYOR PROCHASKA: Call this meeting 6 to reconvene at this place . 7 And at this time I ' d ask if you 8 would stand and join me in the pledge of 9 allegiance . 10 ( Pledge of Allegiance ) 11 MAYOR PROCHASKA: Our first 12 public -- 13 THE AUDIENCE : Speak up, please . 14 MAYOR PROCHASKA : Okay . We will -- 15 And what I ' d like to preface , we will go through 16 each of the public hearings . Each parcel will be 17 opened and closed as its own separate public 18 hearing . 19 I will ask that if there is 20 anyone that would like to speak for any of the 21 public hearings , to come forward, go over to the 22 podium, state your name and address for the 23 record, and give us your comments or questions . 24 Again, legally you have the Depo Court Reporting Service (630) 983-0030 4 1 right to question the Council, the petitioners , 2 and cross-examine, as they have a right to ask 3 you, too, I believe . 4 So, with that, I would 5 entertain a motion to go into public hearing for 6 the purpose of discussing PC 2006-61 , Pat Smart , 7 petitioner, has filed an application with the 8 United City of Yorkville , Kendall County, 9 Illinois , requesting a special use in the United 10 City of Yorkville for a pre-kindergarten in a B-3 11 Service Business District . 12 The real property consists of 13 approximately 1 , 258 square feet located south -- 14 at the southwest corner of Route 34 and Sycamore 15 Road in Fox Hill Center in Kendall County, 16 Illinois . 17 MR . WOLFER: So moved . 18 MR . MUNNS : Second . 19 MAYOR PROCHASKA: Moved and 20 seconded . May I have roll call, please? 21 MS . MILSCHEWSKI : Besco . 22 MR . BESCO : Aye . 23 MS . MILSCHEWSKI : Leslie . 24 MR . LESLIE : Aye . Depo Court Reporting Service (630) 983-0030 5 1 MS . MILSCHEWSKI : Wolfer . 2 MR . WOLFER : Aye . 3 MS . MILSCHEWSKI : James . 4 MR. JAMES : Aye . 5 MS . MILSCHEWSKI : Munns . 6 MR . MUNNS : Aye . 7 MS . MILSCHEWSKI : Burd . 8 MS . BURD : Aye . 9 MS . MILSCHEWSKI : Spears . 10 MS . SPEARS : Aye . 11 MS . MILSCHEWSKI : Bock . 12 MR . BOCK: Aye . 13 MAYOR PROCHASKA: Motion is carried . 14 We are now in public hearing . Is there someone 15 here representing the petitioner? 16 WHEREUPON : 17 PAT SMART, 18 testified before the Yorkville City Council as 19 follows : 20 MS . SMART : Good evening . I am Pat 21 Smart, and I am here to ask that a 22 pre-kindergarten in the location that you just 23 mentioned will be -- it will be a half-day 24 program in the morning, half-day program in the Depo Court Reporting Service (630) 983-0030 6 1 afternoon, 20 children at the most in the 2 morning, and at the most 20 in the afternoon . 3 It will be educational . We 4 will try to follow the Yorkville kindergarten 5 time . 6 MAYOR PROCHASKA: Is there anyone in 7 the audience that would like to -- have any 8 questions from this petitioner? 9 (No Response ) 10 MAYOR PROCHASKA: Questions from the 11 Council ? 12 (No Response ) 13 MAYOR PROCHASKA: Hearing none , I 14 would entertain a motion to close the public 15 hearing . 16 MR . WOLFER: So moved . 17 MR . BOCK : Second . 18 MAYOR PROCHASKA: Moved and 19 seconded . Roll call, please? 20 MS . MILSCHEWSKI : Leslie . 21 MR . LESLIE : Aye . 22 MS . MILSCHEWSKI : Wolfer . 23 MR. WOLFER: Aye . 24 MS . MILSCHEWSKI : James . Depo Court Reporting Service (630) 983-0030 7 1 MR . JAMES : Aye . 2 MS . MILSCHEWSKI : Munns . 3 MR . MUNNS : Aye . 4 MS . MILSCHEWSKI : Burd . 5 MS . EURO : Aye . 6 MS . MILSCHEWSKI : Spears . 7 MS . SPEARS : Aye . 8 MS . MILSCHEWSKI : Bock . 9 MR . BOCK: Aye . 10 MS . MILSCHEWSKI : Besco . 11 MR . BESCO : Aye . 12 MAYOR PROCHASKA: Motion is carried . 13 And for the Council ' s sake , if you want to speak, 14 let me know and I will pass the microphone down 15 so that we can share this . 16 Next I would entertain a motion 17 to go into public hearing for the purpose of 18 discussing PC 2006-44 , Neil , Beverly and Craig 19 Borneman, petitioners , have filed an application 20 with the United City of Yorkville , Kendall 21 County, Illinois , requesting annexation to the 22 United City of Yorkville and rezoning from 23 Kendall County A-1 to the United City of 24 Yorkville A-1 Agricultural District , B-3 Service Depo Court Reporting Service (630) 983-0030 8 1 Business District , and B-3 Special Use for a 2 gasoline station, and for the hearing of the 3 annexation agreement of the petitioner . 4 The real property consists of 5 258 acres north and south of Route 71 and east of 6 Highpoint Road in Kendall County, Illinois . 7 And when do we talk about that 8 they removed for the special use? 9 MR . WYETH : It ' s up to him. 10 MAYOR PROCHASKA: So that ' s a I1 motion . I would accept a motion. 12 MR. WOLFER: So moved . 13 MR . BOCK : Second . 14 MAYOR PROCHASKA: Moved and 15 seconded . May I have roll call, please? 16 MS . MILSCHEWSKI : Spears . 17 MS . SPEARS : Aye . 18 MS . MILSCHEWSKI : Burd. 19 MS . BURD : Aye . 20 MS . MILSCHEWSKI : Munns . 21 MR . MUNNS : Aye . 22 MS . MILSCHEWSKI : James . 23 MR . JAMES : Aye . 24 MS . MILSCHEWSKI : Wolfer . Depo Court Reporting Service (630) 983-0030 9 1 MR . WOLFER: Aye . 2 MS . MILSCHEWSKI : Leslie . 3 MR . LESLIE : Aye . 4 MS . MILSCHEWSKI : Besco . 5 MR . BESCO : Aye . 6 MS . MILSCHEWSKI : Bock . 7 MR. BOCK: Aye . 8 MAYOR PROCHASKA: Motion is carried. 9 I would ask, is there someone 10 here representing the petitioner this evening? 11 WHEREUPON : 12 ROBERT NELSON, 13 testified before the Yorkville City Council as 14 follows : 15 MR . NELSON : Mr . Mayor, Honorable 16 Members of the City Council . Good evening . My 17 name is Robert Nelson . I am an attorney-at-law 18 and representing the Bornemans , Neil Borneman, 19 Beverly Borneman and Craig Borneman, with respect 20 to their application to this Council for approval 21 of an agreement to annex their land to the City 22 of Yorkville . 23 The Bornemans are the owners of 24 approximately 255 acres of farmland which is Depo Court Reporting Service(630) 983-0030 10 1 situated at the intersection of Illinois Route 71 2 and Highpoint Road in Fox Township . 3 That land is currently 4 contiguous with the City limits, and by virtue of 5 the statute for a right , the owners do have the 6 privilege of bringing to you their petition to be 7 annexed to the City of Yorkville . 8 On their behalf , yesterday I 9 filed with the City Attorney -- and I will 10 mention to the Board this evening that although 11 the annexation petition suggests that they are 12 seeking a zoning classification for a special use 13 for a gasoline service station, the owners have 14 withdrawn that request and would like to 15 acknowledge that on the record . 16 This property is currently used 17 for farming . It is zoned agriculture under the 18 County zoning ordinance . 19 Under the proposed agreement 20 for annexation, the owners are seeking a change 21 in the zoning classification with one respect . 22 They wish to have the zoning on the property, 23 should be it be annexed, rezoned to show that not 24 less than 55 acres be classified as business B-3 , Depo Court Reporting Service (630) 983-0030 11 1 and this application is consistent with the 2 published Comprehensive Plan with the City of 3 Yorkville . 4 It would not be against the 5 City ' s interest to consider assigning formally in 6 this agreement the classification for business , 7 which it has already designated for public 8 purposes in its Comprehensive Plan . 9 The balance of the property 10 would have under the annexation agreement an 11 agricultural zoning classification . 12 Both of these classifications 13 are consistent with the Comprehensive Plan . The 14 agricultural use, of course, is less intense than 15 a residential use , and the property would qualify 16 for a residential use again under the 17 Comprehensive Plan . 18 This property falls within the 19 far southwesterly reaches of the City, as it is 20 expanding in that direction . 21 I believe that annexing this 22 property to the City is consistent with the 23 long-range goals of the City to bring in 24 properties that will be productive and useful for Depo Court Reporting Service(630) 983-0030 12 1 all the citizens for some time to come . 2 There will be obviously in that 3 part of the City some major improvements planned 4 for the near future, one, of course , being the 5 Prairie Parkway, which is intended to pass a 6 short distance to the west of this intersection, 7 and also there is the proposed extension of the 8 Eldamain highway from the north side of the Fox 9 River, across the river, and then south to 10 Route 71 . 11 Those are two main arteries 12 that would be in the proximity of this particular 13 property, and it would be to the advantage of the 14 City to have access to those particular routes . 15 I do believe that each of you 16 has received a copy of an annexation agreement 17 proposal . 18 I want to mention that in 19 review of it I have discovered an error on the 20 first page . I brought this to the attention of 21 the City Attorney . 22 It is mentioned that the 23 property fell within the Fox and Little Rock Fire 24 Protection District, when, in fact , it does fall Depo Court Reporting Service (630) 983-0030 13 1 within the Bristol-Kendall District , and I have 2 actually redone the first page and have copies of 3 those for substitution for the copies of the 4 agreement that we have delivered to you 5 heretofore . 6 The change is not -- does not 7 affect jurisdiction of the Council to proceed in 8 my opinion, it is only really a clerical 9 adjustment to the agreement . 10 At this time I am open to any 11 questions by the Council with respect to the 12 provisions of the annexation petition and the 13 agreement to annex . 14 MAYOR PROCHASKA: Okay . The only 15 thing I ' m going to ask, Travis , is there 16 anything -- any clarification you would like to 17 make before we open up the floor to the 18 petition -- to the public, anything for the 19 Council? 20 MR . MILLER : Just a couple quick 21 items . Report to you the Plan Commission did 22 conduct a public hearing last evening . 23 The Staff report that was 24 prepared for the Plan Commission was in the Plan Depo Court Reporting Service (630) 983-0030 14 1 Commission packet . We produced those for you 2 this evening . They are on your desk tonight . 3 Going through that quickly, 4 basically just reporting the outcome of the 5 recommendation from the Plan Commission last 6 night , there was a unanimous recommendation to 7 annex the property, and zoning was not 8 recommended, but the vote was three in favor and 9 four against and one present on the -- this 10 annexation and zoning request . 11 In terms of the zoning request , 12 the petitioner has stated a portion of the 13 property to exceed 55 acres as written in the 14 zoning agreement for B-3 zoning classification, 15 Exhibit D to the annexation agreement was also in 16 the Plan Commission packet , it ' s the colored 17 document , that shows the plat of annexation, and 18 the area designated on the plat of annexation on 19 the southwest corner of the property is 20 consistent with the Comprehensive Plan 21 recommendation for commercial land use . 22 The remaining property, as 23 stated by the petitioner stated in the annexation 24 agreement , is requested for agricultural zoning Depo CourtReporting Service (630) 983-0030 15 1 classification A-l . 2 The Comprehensive Plan does 3 recommend an estate residential , low density 4 residential land use , and as you read through the 5 Staff report , their request for A-1 is less 6 intensive than the Comprehensive Plan 7 recommendation, which also includes transitional 8 neighborhood, as well as estate residential . 9 Although consistent with the 10 Comprehensive Plan, it is an appropriate zoning 11 classification, at this point in time the 12 property will not develop at the -- being 13 requested as part of this given the agricultural 14 activities existing at this point . 15 With that , also in the Staff 16 report straight out of the ordinance were 17 findings necessary for a zoning map amendment . 18 I ' m just calling your reference to that as the 19 Staff reports this evening . 20 If there is any questions , I 21 can answer those . 22 MAYOR PROCHASKA: Okay . With that , 23 I ' m going to open up the floor for any comments . 24 Now, the one thing I will ask Depo Court Reporting Service (630) 983-0030 16 1 and, number one , like I said before, come 2 forward, state your name and address for the 3 record . 4 We do have someone taking a 5 transcript here this evening, and I would ask 6 also that -- you know, I know we had a lot of 7 applause and stuff last night . 8 Couple things . Number one, 9 while people were talking, they were not able to 10 be heard, so it ' s very rude to the people talking 11 and to the people that are trying to take notes . 12 So, please, I ' m going to ask 13 you not to do that and respect everybody ' s right 14 to have an opinion to talk, and then we ' ll move 15 on and hopefully move through this process . 16 So with that , I will open up 17 the floor . Sir , you are first up . 18 WHEREUPON : 19 RANDALL MEZGER, 20 testified before the Yorkville City council as 21 follows : 22 MR . MEZGER : Good evening, 23 Mr . Mayor, Council members . My name is Randy 24 Mezger . I am vice-president of Sundown Homes . Depo Court Reporting Service (630) 983-0030 17 1 Sundown Homes is a family-owned company operated 2 out of Yorkville . 3 Recently we purchased Highpoint 4 Meadows , which is on the southern portion of the 5 Borneman property . 6 We purchased this from Carol 7 Albert, who has various dealings with the 8 village . 9 My question to the Council I 10 guess is what are we supposed to do with our 11 40-acre estate-zoned lots when there is going to 12 be B-3 business over here right next to it? 13 What do you guys suggest we do 14 with our property with this zoning change? 15 MAYOR PROCHASKA: Does anybody want 16 to -- I can answer the fact that in the City 17 ordinances , there is a provision for -- when 18 there are unlike land uses for buffering and 19 landscaping between those land uses , and it would 20 be the responsibility of those having the B-3 21 zoning that should and when that should develop 22 that they would have to meet that criteria and 23 buffer their property in accordance with the 24 ordinances to the residential properties . Depo Court Reporting Service (630) 983-0030 18 1 MR . MEZGER: But as far as any -- 2 Being this came up in May and we purchased the 3 property on August 15th, I just don ' t see how 4 this can be okay. I guess that ' s my concern . 5 In May when I was told that -- 6 MR . MUNNS : No, the sound quality . 7 Every time he talks , something is rattling and 8 it ' s interfering with the audio . 9 MR . MEZGER: It was my understanding 10 that back in May is when Bornemans were invited 11 to , you know, become a part of this for the 12 zoning to be changed, and we purchased in August . 13 I just don ' t see how we can 14 have estate-sized, you know, houses being built 15 here with B-3 in our back yard. I guess that ' s 16 my concern . 17 MAYOR PROCHASKA: Who is next? Who 18 else would like to come forward? Way back, sir . 19 Please come forward . 20 WHEREUPON : 21 PAUL BANKS , 22 testified before the Yorkville City Council as 23 follows : 24 MR . BANKS : My name is Paul Banks . Depo Court Reporting Service (630) 983-0030 19 1 I live on West Highpoint right next to the 2 Borneman property . 3 On this berms and landscaping 4 that he asked about , what ' s that going to do to 5 my property and my well that I have right there? 6 How is that going to stop gas , 7 oil , whatever runs from that gas station? 8 And another point . Why were 9 the Bornemans asked and not everybody that lives 10 around that area in those subdivisions? We were 11 never approached . 12 Thank you . 13 MAYOR PROCHASKA: Again, the special 14 use for the gas station is not -- has been 15 removed, so that is not on the agenda . 16 Is there someone else? Yes , 17 sir . 18 WHEREUPON : 19 RON PARISH, 20 testified before the Yorkville City Council as 21 follows : 22 MR. PARISH : First of all, Ron 23 Parish, I live at 11571 Route 71 , and that ' s the 24 property as you start out on 71 maybe a mile from Depo Court Reporting Service (630) 983-0030 20 1 the location of the said property that we are 2 talking about . 3 I guess I ' ve got a couple of 4 objections . I ' m going to say one now about this 5 property . 6 The first thing I want to say, 7 I think all of this property is about the 8 landfill , and that ' s what we ' re really here 9 about . We ' re not here about annexing property 10 into Yorkville . 11 If Yorkville was interested in 12 improving Yorkville, then we would start with 13 Highway 47 . Highway 47 has been an abomination 14 to the entire city for over 50 years , and if 15 we ' re going to do something with Yorkville , let ' s 16 start cleaning it up where it needs to be cleaned 17 up, not put traffic on another highway that still 18 can ' t take the traffic that ' s out there . 19 Second of all , the Bornemans 20 have not said what they want to do with this 21 commercial property, and I can ' t see how we can 22 turn it into a B-3 class property or any type of 23 property if we don ' t know what they ' re going to 24 use it for . Depo CourtReporting Service (630) 983-0030 21 1 I, for one, live there, I have 2 a well, and I don ' t know what ' s going to happen 3 with the property out there with everything that 4 you ' re trying to change and what ' s going to 5 happen with the water . 6 If you break through in one 7 place out there , you ' re going to put sulfur in 8 most of the people ' s wells that ' s up and down the 9 highway, and that ' s already happened once before . 10 I don ' t think there ' s been I1 anything done other than trying to link this 12 land . I , too, was never approached by anybody to 13 link this up going out there . Mine is the one 14 white spot on 71 . 15 I don ' t want in the City until 16 the City can repair what it already has , and I 17 think that we need to know what ' s going to be 18 built there before it can be improved for 19 anything . 20 I can see no reason why it 21 should be annexed into the City just to be 22 annexed in to make another third link to get to a 23 landfill . 24 Thank you . Depo CourtReporting Service (630) 983-0030 22 1 (Applause) 2 MAYOR PROCHASKA: All right . I am 3 going to ask you one more time . All right . 4 We ' re not -- We can stop this meeting very 5 quickly . 6 Now, I don ' t mind people 7 talking, I will listen to anybody ' s concerns and 8 everybody ' s opinions , but we will respect the 9 fact that this is -- we ' re going to move this 10 meeting along . 11 Now, is there someone else that 12 would like to come up and speak on this 13 particular property? Yes , sir . 14 WHEREUPON : 15 TODD MILLIRON, 16 testified before the City Council as follows : 17 MR . MILLIRON : Todd Milliron, 18 61 Cotswold Drive, Yorkville . 19 I ' m coming to you tonight not 20 only to talk about this one property, but I would 21 like to talk about all three of them together, 22 but my first discussion is about the process , and 23 I have some real concerns about this process , and 24 I ' ve got a prepared statement I would like to Depo Court Reporting Service (630) 983-0030 23 1 read. 2 I believe -- I believe this is 3 a City Staff prearranged domino annexation 4 agreement that stinks . 5 You are elected to represent 6 all the people , not the self-serving profit 7 motives of one . 8 There is supposed to be some 9 balance and a sense of fair play within the 10 public hearing process , and that is something 11 missing from tonight ' s proceedings . 12 We ' re only here tonight because 13 Art Prochaska and the City Staff decided to offer 14 very lucrative zoning candy to two adjoining 15 property owners . This chain of property owners 16 leads to the Hamann landfill property. 17 How this deal was put together 18 behind closed doors without the normal fair 19 debate and a normal hearing process time tables 20 should have all of you asking questions of why 21 this vote is being called on such short notice . 22 Why is the City trying to slide 23 all these annexations and zoning through under 24 the rug on a ramrod timetable? Depo Court Reporting Service(630) 983-0030 24 1 It ' s not fair to the citizens 2 of Yorkville or this County . You are -- As a 3 Council member said, this is a fair process , but 4 preferential treatment has been given to these 5 three property owners that are here tonight , and 6 you are naive and uninformed about the true 7 motive behind the end game of annexing and zoning 8 all these four properties . 9 This is supposed to be a 10 democracy with rules and procedures for all , and 11 all have been broken in this case . 12 From the date of the public 13 notice to this vote tonight has only been 19 14 days . 15 This is not an emergency 16 annexation where a great public need is being 17 addressed for the good of all citizens . 18 The only emergency is 19 Mr . Hamann has lost out in the bidding 20 competition of the current County landfill site 21 process . 22 There is a need for a 23 landfill -- landfill site in this county, but at 24 present there is only need for one and only one , Depo Court Reporting Service (630) 983-0030 25 1 not two . We don ' t need one in the City and the 2 County . 3 These three property owners are 4 being given preferential 5 go-to-the-head-of-the-line treatment . 6 Most folks wait for months for 7 you to vote ; they are not given a hearing date 8 and vote in 19 days from the time of the 9 application and public notice . 10 The normal application takes 11 six to nine months , and your City Staff will tell 12 you that when somebody comes to annex a property, 13 they instruct those annexation petitioners this 14 process takes six to nine months , maybe more , not 15 19 days . 16 (Applause) 17 MAYOR PROCHASKA: All right . 18 MR. MILLIRON : I 'm not done . Is 19 this better than the other developers that these 20 property owners get to go to the head of the 21 line? 22 I say reject all four petitions 23 for zoning and annexation tonight , make each and 24 every one of them involved here tonight start the Depo Court Reporting Service (630) 983-0030 26 1 process over, if they want to go through the 2 process , without being solicited by the City, and 3 let it go on a normal schedule for doing normal 4 City business without any zoning candy being 5 handed out to adjoining property owners to 6 connect this chain of property to the Hamann 7 landfill property . 8 Thank you . 9 (Applause) 10 MAYOR PROCHASKA: Is there someone 11 else that would like to come forward? 12 MR . MUNNS : Make a motion to end if 13 we continue to have applause after every speaker 14 because we ' ll be here until 3 : 00 in the 15 morning -- we asked you once now -- so I ' m going 16 to make a motion in this meeting now unless all 17 the clapping and cheering ceases right now . 18 THE AUDIENCE : We can ' t hear you . 19 MAYOR PROCHASKA: There was a motion 20 made to end the meeting if the applause is going 21 to continue after every speaker . 22 MR . BESCO : I ' ll second that . 23 MAYOR PROCHASKA: The motion has 24 been made and seconded . The motion is that if Depo Court Reporting Service (630) 983-0030 27 1 there is to be applause after every speaker that 2 there is a desire to end the meeting . 3 And with that I would ask for a 4 roll call , please . 5 MS . MILSCHEWSKI : Wolfer . 6 MR . WOLFER: No . 7 MS . MILSCHEWSKI : James . 8 MR . JAMES : No . 9 THE AUDIENCE : We can ' t hear . 10 MAYOR PROCHASKA: They are taking 11 roll call vote . 12 MS . MILSCHEWSKI : Munns . 13 MR . MUNNS : Aye . 14 MS . MILSCHEWSKI : Burd . 15 MS . BURD : No . 16 MS . MILSCHEWSKI : Spears . 17 MS . SPEARS : No . 18 MS . MILSCHEWSKI : Bock . 19 MR . BOCK : Nay . 20 MS . MILSCHEWSKI : Besco . 21 MR . BESCO : Aye . 22 MS . MILSCHEWSKI : Leslie . 23 MR . LESLIE : No . 24 MAYOR PROCHASKA: That motion fails Depo Court Reporting Service (630) 983-0030 28 1 on a vote of five -- six to two, so we will 2 continue . 3 And I am still asking that you 4 please respect that . I think it ' s again a fair 5 and honorable thing to do before talking to move 6 through this . 7 Is there anyone else that would 8 like to speak on this property on this particular 9 public hearing? 10 MS . GILBERT : What did you just vote 11 on? I 'm sorry, we couldn ' t hear . 12 MAYOR PROCHASKA: That was a request 13 to end -- to end the meeting if there was a 14 continuation of applause , and that was defeated . 15 MS . GILBERT : Okay. 16 MAYOR PROCHASKA: But I ' m still 17 asking people to hold that and allow the speakers 18 to speak as they need to . 19 Is there anyone else that would 20 come up and speak on this particular property? 21 Yes , sir . 22 WHEREUPON : 23 TOM GILMOUR, 24 testified before the Yorkville City Council as Depo Court Reporting Service (630) 983-0030 29 1 follows : 2 MR . GILMOUR: My name is Tom 3 Gilmour, 23 Fox Glen Drive, and I ' m going to echo 4 basically several of the points that the two , 5 three previous speakers made . 6 Point-by-point from the 7 perspective of the City, we ' ve gone through a 8 similar situation in the past several years . 9 A point that seems to be an 10 argument from the perspective of the City is the I1 Comprehen -- City Comprehensive Plan . 12 I can speak that it wasn ' t that 13 important when our issue was at the table . Now 14 all of a sudden it ' s a guiding light for this 15 land grab to the west . 16 We don ' t understand any of the 17 applications for zoning change . If they continue 18 to keep these properties as they are , Ag-1 , we 19 all know what ' s happening to the building and 20 construction business , and in particular 21 Yorkville, that fiery pace has mellowed, and we 22 think this is way ahead of the actual needs for 23 the zoning change on this property . 24 Two, I want to speak as Depo Court Reporting Service(630) 983-0030 30 1 representative of rural Kendall County residents 2 as a whole , and I ' m not talking about just around 3 Yorkville . 4 The issue and the objective for 5 this annexation impacts all of the people of 6 Kendall County, and it ' s not fair to have a City 7 come along and just because it ' s a flash of gold 8 in the pan cook up some scheme with Mr . Hamann, 9 who has already been a candidate in the County 10 process for his ulterior motive, which we all 11 know what it is . 12 We just think that there ' s 13 going to be a lot of people -- and we ' re talking 14 about Yorkville City residents -- that are going 15 to be looking at you Board members and what ' s 16 happening here tonight . 17 We all know what ' s going on 18 here and everybody is watching . 19 Thank you . 20 MAYOR PROCHASKA: Is there someone 21 else that would like to come forward and talk on 22 this item? 23 (No response) 24 MAYOR PROCHASKA: Seeing none , I Depo Court Reporting Service (630) 983-0030 31 1 would entertain a motion to close this portion of 2 the public hearing -- 3 UNIDENTIFIED AUDIENCE MEMBER : Back 4 here . 5 MAYOR PROCHASKA: Way back there . 6 Sorry, sir, didn ' t see you . Come on up . 7 WHEREUPON : 8 JIM BIRCH, 9 testified before the City Council as follows : 10 MR . BIRCH : My name is Jim Birch, 17 11 Highview Drive, Yorkville . 12 And I urge all the Council 13 members to vote no on this . We all know that 14 this is just a way to get Hamann ' s property to be 15 annexed into the City . 16 The whole process is on a fast 17 track, and it stinks about as bad as Hamann ' s 18 recycling out there, and that ' s all I have to 19 say . 20 MAYOR PROCHASKA : Okay . Thank you, 21 sir . Is there anybody else out there? 22 (No Response ) 23 MAYOR PROCHASKA: If not , is there 24 comments from the Council? We ' ve got -- I ' m Depo Court Reporting Service (630) 983-0030 32 1 sorry, ma ' am. 2 WHEREUPON : 3 SHARON WHITE, 4 testified before the City Council as follows : 5 MS . WHITE : Sharon White , 8417 West 6 Highpoint Road . 7 I have a couple of fact-finding 8 questions . Just out of curiosity, I would be 9 interested to know how many of the aldermen were 10 at last night ' s meeting, if I may ask . One , two . 11 Okay. Because last night ' s 12 meeting I think represented how many of us feel 13 about the zoning . 14 Also a question, too , about 15 annexing . If the property is annexed in, but the 16 zoning is defeated, as it was last night , what 17 then is the follow through if somebody wants to 18 take their property that has been annexed into 19 the City? 20 Can they come in again at the 21 next meeting , can they then ask for rezone -- or 22 the rezoning or the type of zoning or -- I don ' t 23 know what the process is . 24 MAYOR PROCHASKA: I ' m going to let Depo CourtReporting Service (630) 983-0030 33 1 the attorney answer that . 2 MR . WYETH : The process before the 3 Council tonight involves an annexation agreement 4 as their first vote and then subsequent votes in 5 furtherance of that annexation agreement for 6 annexation and the zoning as spelled out in the 7 annexation agreement . 8 So a vote for the annexation 9 agreement is the beginning of the zoning change , 10 and then the subsequent vote is the 11 formalization of that promise made in the 12 annexation agreement . 13 Does that answer your question? 14 MS . WHITE : Okay . So if the 15 zoning -- 16 MR . WYETH : They come -- 17 MS . WHITE : The zoning that they 18 ask -- that they are requesting, if that is voted 19 down, can that not be asked for again? 20 MR . WYETH : Actually, your question 21 is stated out of order . The annexation agreement 22 would come first -- 23 MS . WHITE : Okay. 24 MR . WYETH : -- and if that ' s Depo Court Reporting Service (630) 983-0030 34 1 approved, in that annexation agreement is a term 2 that says the zoning shall be changed . 3 Now, on the agenda you ' ll see 4 the two votes -- 5 MS . WHITE : I meant zoning . I ' m 6 sorry . I meant zoning . 7 MR . WYETH : Yes . Two votes later 8 will be the zoning . 9 Does answer your question? 10 MS . WHITE : Yes . Okay . And with 11 respect to the committee, I think the best way to 12 describe the applause from the audience is each 13 person that ' s applauding to some people ' s 14 opinion, it would be each of those individuals 15 coming up and stating the same thing, so when we 16 applaud, we ' re letting you know that there is 17 many of us that feel the way the people -- what 18 the people are saying when they come up . 19 MAYOR PROCHASKA: Okay . 20 MS . WHITE : Okay? Thank you . 21 (Applause ) 22 MAYOR PROCHASKA: Is there anyone 23 else that would like to come forward? Yes , 24 ma ' am. Depo Court Reporting Service (630) 983-0030 35 1 WHEREUPON : 2 SUE BARNES , 3 testified before the Yorkville City Council as 4 follows : 5 MS . BARNES : Sue Barnes , 6165 Red 6 Gate Lane . 7 Since the major impact of all 8 this that you ' re trying to do impacts all of us 9 in unincorporated Yorkville and we didn ' t get to 10 vote for you as mayor, I just wonder why you feel 11 like you can do this when you know none of the 12 people in unincorporated want this . 13 Why would we want a dump? We 14 are already getting west winds blowing from some 15 manure process that ' s going on . Now we would 16 like a dump out there? And do we need more 17 trucks? I mean, come on . Let ' s be sensible 18 here . 19 And I am in total agreement , 20 clean up the town of Yorkville , never mind 21 worrying about all of us out in unincorporated 22 Yorkville . 23 MAYOR PROCHASKA: Okay . And to 24 answer your question is, as we have been told, Depo Court Reporting Service(630) 983-0030 36 1 this process is a process for application, and 2 that application could be made to the County or 3 to the City, either one, and either group has to 4 look it from an objective point of view, however 5 it works , and my opinion has been -- and I ' m -- 6 you know, again, my job is to represent the 7 people of Yorkville -- 8 (Laughter ) 9 MAYOR PROCHASKA: -- and the answer 10 is with any kind of site sited in that area, 11 whether it be the City or the County, the City is 12 still going to be impacted because the majority 13 of the trucking would come through the City 14 anyway, and if we look at how any -- basically 15 anywhere in the county, I would say that the City 16 of Yorkville sits on all the major highways , we 17 would have that . 18 All I ' m saying is in this 19 particular case I believe that the elected 20 officials at the City of Yorkville, because the 21 City of Yorkville would be so impacted, should 22 have the right to sit in judgment of the 23 application . 24 That is not to say that we Depo Court Reporting Service (630) 983-0030 37 1 would agree or disagree with it, it ' s just to sit 2 in judgment of that application . That ' s all that 3 we ' re looking at, should an application be made 4 on that property, should it be annexed to the 5 City . 6 Anyone else? Yes , ma ' am . Go 7 ahead . 8 MS . WHITE : Sharon White , 8417 West 9 Highpoint Road . 10 In terms of the compost , I am 11 two farms over from the compost , and I can attest 12 to the odor . It is -- It ' s very penetrating . If 13 you have your windows closed, it doesn ' t matter . 14 It comes in the house . 15 I have had parties in the 16 backyard and people have left because the odor is 17 so strong . They can ' t stand it . It ' s sickening . 18 With that in mind, I can ' t help 19 but if this is just grass clippings and sticks 20 that are causing this odor, if we ' re going to be 21 getting all kinds of garbage, I can ' t imagine the 22 odor that would come from that . 23 And as far as the composting 24 goes , and with the odor, the health department , Depo Court Reporting Service (630) 983-0030 38 1 Marlon Hartman, I tease him that I have him on 2 speed dial , and it ' s very important for all of us 3 to call that smell it , no matter where you are 4 at, to call, because the odor is bad, and it ' s 5 all a part of the past showing what the future is 6 going to be like if the landfill is there . And 7 that ' s a big fear . Huge fear . And that ' s why we 8 can ' t have it in that area . 9 Highpoint is the highest point 10 in Kendall County . Why do we want to put a 11 landfill on there? 12 I invite anybody to come into 13 my driveway and look at my view in my back yard 14 and then say a landfill belongs there . It 15 doesn ' t . Not there, not Kendall County . 16 Thank you . 17 MAYOR PROCHASKA: Okay . Is there 18 anyone else that would like to speak on this 19 property? 20 Yes , sir, if you would like to 21 come forward again . 22 MR . BANKS : My name is Paul Banks . 23 I live on West Highpoint . 24 You answered my question about Depo CourtReporting Service (630) 983-0030 39 1 the B-3 , they took it off the table, but you 2 didn ' t answer me why no residential properties 3 were included in this annexation except for two 4 houses , a lot and a house, because they own 5 property across the street from me in the path of 6 the landfill . 7 Why was nobody else approached? 8 MAYOR PROCHASKA: Because they 9 are -- at that point in time the thought wasn ' t 10 that -- to ask those folks , and certainly you are 11 welcome to petition to the City if that ' s what 12 you choose to do . You would be welcome to do 13 that . 14 MR . BANKS : I sure wouldn ' t want to 15 do that, if this big Comprehensive Plan is to 16 bring the City of Yorkville out to that area, why 17 does it wind around all the houses and the houses 18 aren ' t included, no subdivision included? 19 MAYOR PROCHASKA : Well , if you look 20 at typically, the expansion of the City has 21 expanded around county subdivisions as the larger 22 lots and larger properties are brought in because 23 actually those properties are developed, and as 24 we look at the larger pieces of property, going Depo Court Reporting Service(630) 983-0030 40 1 with our Comprehensive Plan, we do not look to 2 force upon an existing owner what that would be . 3 Your property is what your 4 property is , and we look at the Comprehensive 5 Plan as it relates to the larger parcels that go 6 around it , so it just was not something that was 7 thought about . 8 MR. BANKS : But you ' re forcing the 9 City onto us . We ' re in the County. That ' s where 10 we want to be . 11 Why would you bring the City 12 all around our houses? What is that going to 13 benefit the City? 14 MAYOR PROCHASKA: Well, I think 15 every growth of the City that ' s a question, you 16 know, for growth for any city anywhere as it 17 continues to go , as it goes out beyond its 18 borders . 19 That ' s been a question that ' s 20 been for years , and it ' s a natural progression of 21 growth of the communities as they grow . 22 MR . BANKS : You know, we have houses 23 out there , we ' re not included, so I don ' t 24 understand, but thank you . Depo Court Reporting Service (630) 983-0030 41 1 MAYOR PROCHASKA: Is there someone 2 else that would like -- Ms . Kramer . 3 WHEREUPON : 4 CHRISTINE KRAMER, 5 testified before the Yorkville City Council as 6 follows : 7 MS . KRAMER : Christine Kramer, 8 21 Cotswold Drive . 9 In reference to the annexation 10 agreements that we have been discussing, I happen 11 to know that fees generally are included, 12 Yorkville-Bristol Sanitary District , land cash 13 fees , your municipal building fees , development 14 fees , and annexation fees . 15 Are these included in the 16 annexation agreements or is the City waiving 17 these fees for these people that you have asked 18 to annex into the City? 19 And if they do have to pay 20 these fees , when would they be paid? 21 MAYOR PROCHASKA: Typically, as an 22 invitation -- and I ' m sure you know this , as your 23 husband helped write some of these agreements 24 that we ' ve had, initially as people are annexed, Depo Court Reporting Service(630) 983-0030 42 1 we do look at the annexation fees , if they are 2 invited, but all the other fees as far as the 3 school fees , the building fees , the land cash 4 fees , all that is done is they are detained until 5 such time as that property is developed, and then 6 they are due as per what is required as that 7 property develops for whatever it is . 8 I mean, again, a business area, 9 we typically don ' t ask for land cash in part , but 10 we would for any residential area , and as that 11 area would develop, those fees would come due at 12 that time . 13 MS . C . KRAMER : Again, have you ever 14 annexed this large -- this many pieces of 15 business zoning that you ' re not going to get any 16 kind of fees from? Do you understand what I ' m 17 saying? 18 From Bornemans on down they are 19 asking for business , and you ' re not going to get 20 any money out of that? 21 MAYOR PROCHASKA: Well , we -- if 22 they develop it , the City would get the fees that 23 would be required at the time of development . 24 Yes . Before you go, there is a Depo Court Reporting Service (630) 983-0030 43 1 gentleman here . Somebody else goes before there 2 is a second . 3 WHEREUPON : 4 ROBERT MUELLER, 5 testified before the Yorkville City Council as 6 follows : 7 MR . MUELLER: Robert Mueller, 581 8 Kelly Avenue in Yorkville . 9 Just some fact questions on the 10 property and other subsequent properties . I have 11 one question for whomever can answer . 12 The property has already been 13 sold and it ' s owned by somebody else , I don ' t 14 know if that ' s true or false . 15 For instance, I hate to jump 16 ahead, but the North Star parcel or whatever 17 that ' s owned by that -- those people or that body 18 already . Have these people already gone in to 19 the County and asked for rezoning? 20 MAYOR PROCHASKA: I don ' t know if 21 that ' s happened or not . That ' s not a part of 22 what we would be looking at dealing with . It 23 would be what they ask the City . 24 MR . MUELLER: Okay . I just wasn ' t Depo Court Reporting Service (630) 983-0030 44 1 sure how long this has been already out there and 2 if they have already approached the County for 3 zoning and it ' s been -- 4 UNIDENTIFIED AUDIENCE MEMBER : Yes . 5 Yes , they have . 6 MR . MUELLER : Okay . So that ' s why 7 it ' s remaining A-1 Agricultural right now . Okay . 8 Thank you . 9 MAYOR PROCHASKA: Yes , ma ' am . 10 WHEREUPON : 11 JOANN GILBERT, 12 testified before the Yorkville City Council as 13 follows : 14 MS . GILBERT : JoAnn Gilbert , 8730 15 East Highpoint . I ' ll ask the question I asked 16 last night . 17 Do you have a Comprehensive 18 Plan that includes a landfill application? 19 MAYOR PROCHASKA: I don ' t know that 20 anyone has a Comprehensive Plan that includes 21 that . It ' s -- again, that ' s a -- 22 MS . GILBERT : I don ' t mean a 23 Comprehensive Plan, I mean -- 24 MAYOR PROCHASKA: Zoning? Is that Depo CourtReporting Service (630) 983-0030 45 1 what they ' re asking about , the zoning? 2 MS . GILBERT : No . A solid waste 3 plan, excuse me . A solid waste plan that 4 includes a landfill . 5 MAYOR PROCHASKA: Yes , we do have a 6 Solid Waste Plan at the City . We ' ve had it 7 for -- I think it ' s been on record for about two 8 years . 9 MS . GILBERT : Okay. But you don ' t 10 have a solid waste coordinator other than this 11 administrator? 12 MAYOR PROCHASKA: The code official , 13 right . We have our code official . That ' s all we 14 have at this time, correct . 15 MS . GILBERT : And how much less is 16 the County fees for a landfill than a County -- 17 the City versus the County? 18 MAYOR PROCHASKA: I -- I don ' t know . 19 MS . GILBERT : If we need to get an 20 application for a landfill , your fee versus the 21 County, are you that much cheaper? 22 MAYOR PROCHASKA: Well , the City ' s 23 fee is set up where there is an amount put down 24 and then, as it is worked down, they have to Depo Court Reporting Service (630) 983-0030 46 1 replenish it , so there is always money there 2 regardless of how much it costs , it would be 3 required to always have money on deposit with the 4 City for the process to go through . 5 Am I correct , Mr . Attorney? 6 MR . WYETH : That ' s correct . 7 MS . GILBERT : What is your fee? 8 MAYOR PROCHASKA: All right . The 9 amounts -- The amounts we start with are 10 different , but the ultimate answer is that they 11 must have on deposit with the City as much money 12 as it takes to take the process through . 13 MS . GILBERT : What is your estimate 14 that this will cost? 15 MAYOR PROCHASKA: I don ' t have that 16 estimate at this time . 17 MS . GILBERT : Just a guesstimate . 18 MAYOR PROCHASKA: Anybody? No . I 19 guess nobody has an estimated cost . 20 (Laughter) 21 MAYOR PROCHASKA: But understand 22 that none of that is paid by the City . It is all 23 to be paid by the petitioner . 24 MS . BURD : Mr . Mayor, would you Depo Court Reporting Service (630) 983-0030 47 1 answer a question? 2 MAYOR PROCHASKA: Sure . 3 MS . SURD : Could you explain the 4 fee? 5 MAYOR PROCHASKA: All right . The 6 down -- it ' s $100 , 000 -- the initial amount 7 required by the City is $100 , 000 , and when it 8 drops below what is it, John, 50 or 25 , 000 , it 9 has to be replenished, so it always stays . 10 There is also an amount on 11 deposit with the City, and if they start with a 12 hundred and if it drops down, they have to 13 replenish that in order for the process to 14 continue . At all times there has to be made 15 money on deposit with the City . 16 MR . MUELLER: Do you know what the 17 initial amount if he applied to the County would 18 have been? 19 MAYOR PROCHASKA: I ' m not sure what 20 that number is . We have County officials here , 21 they can tell us . 22 MS . BARNHART : It ' s $500 , 000 . 23 MAYOR PROCHASKA: Okay . There you 24 go . Depo Court Reporting Service(630) 983-0030 48 1 MR . MUELLER: That ' s quite a bit of 2 difference . 3 MAYOR PROCHASKA: Well , again, we ' re 4 trying to stay on the Borneman property in 5 dealing with that property. 6 MR . MUELLER: I understand . 7 MAYOR PROCHASKA: Yes , sir . 8 MR . MILLIRON : Art , I heard last 9 night that Staff made the invitation to one of 10 the property owners that ' s not involved with the 11 Hamann properties and you personally made an 12 invitation to the other . 13 I would like you to explain to 14 your Council members the reasoning behind those 15 invitations and what is the reasoning for putting 16 all four of those properties together, please . 17 MAYOR PROCHASKA: Well , as I stated 18 that last night , and I just said it here earlier, 19 the reason I did this is it is our understanding 20 that a petition is -- may be filed on that 21 property, and with the fact of its proximity to 22 the United City of Yorkville, it ' s been my 23 opinion that , in that case , it should be the 24 United City of Yorkville that is the group that Depo Court Reporting Service (630) 983-0030 49 1 sits in judgment and looks over that application . 2 The only way that can happen is 3 if that property is annexed into the City . It ' s 4 as simple as that . All right . 5 WHEREUPON : 6 DERKE J. PRICE, 7 testified before the Yorkville City Council as 8 follows : 9 MR . PRICE : Mayor and City Council , 10 my name again is Derke Price . I am the special 11 attorney hired by you folks to assist you in the 12 process , and I just want to clean up one factual 13 statement . 14 The $500 , 000 deposit made under 15 the County siting ordinance is different than the 16 $100 , 000 deposit made under your siting 17 ordinance , but it is not a fee . 18 In both instances the County 19 has to refund the balance that is not used . The 20 County sits on the money and collects whatever 21 interest they get , as opposed to our process , 22 where it ' s $100 , 000 and replenished . 23 In terms of a range of how much 24 the process costs , the process can be as little Depo CourtReporting Service (630) 983-0030 50 1 as $50 , 000 and it can be as much as $300 , 000 , or 2 even more , depending on the land purpose needs 3 and the contents . 4 But in this circumstance we are 5 asking tonight , among other things , to change the 6 siting ordinance to include the number of places 7 the people can have input , and the $ 100 , 000 8 downstroke is intended to make sure that things 9 like audio tapes , public facilities , rent of 10 sufficient space to get it all done is done, and 11 in my experience doing this on behalf of 12 municipalities now for many years , that ' s a 13 sufficient amount to get started, it ' s a 14 reasonable amount . 15 And with the replenishing, 16 nobody is at risk and the County is not in any 17 superior position simply because they asked for a 18 giant deposit . 19 So that ' s the only difference . 20 It is not a fee , it is merely a deposit . I just 21 want that clear for the record . 22 MAYOR PROCHASKA: Yes , sir . 23 MR . MEZGER : My name is Randy Mezger 24 again . Depo Court Reporting Service (630) 983-0030 51 1 I just wanted to see if you 2 guys had any idea what type of businesses you 3 think will be out there if this zoning did pass , 4 with that landfill potentially going out there , 5 who would actually want to operate out there with 6 the landfill a few acres away from them, if you 7 have any ideas . 8 MAYOR PROCHASKA: Anyone else want 9 to answer this ? I can talk . I would suggest 10 that you take a ride up Kirk Road in the Batavia, 11 Geneva area . 12 I don ' t -- That ' s the only -- 13 that ' s the first one that comes to my mind as 14 business areas around such development . 15 I don ' t know of any other areas 16 offhand. Maybe you do . 17 Yes , ma ' am. 18 MS . GILBERT : If you want to go by a 19 landfill that Don Hamann has run, 119th and 20 30th -- Route 30 . It stinks . It ' s closed, but 21 it stinks . There are no businesses . 22 MAYOR PROCHASKA : Okay . Did you -- 23 MS . WHITE : I actually used to work 24 across the street from Settler ' s Landing, and Depo Court Reporting Service(630) 983-0030 52 1 it ' s all manufacturing, big factories , and Gale , 2 the boy ' s home, the old boy ' s home . 3 There is nothing that -- to me 4 that would produce a nice revenue . 5 MS . GILBERT : Okay. 6 MAYOR PROCHASKA: I think there is 7 things , but that ' s okay . Ma ' am? 8 MS . BARNES : I just have one 9 question . If you did annex this property and -- 10 would you put it to a vote then with the City of 11 Yorkville, whether the people of Yorkville want a 12 landfill? Could that be a possibility? 13 MAYOR PROCHASKA: Again, I think I 14 would defer this to the attorney on describing 15 the process . 16 MR . PRICE : A referendum is not a 17 permitted alternative . They did it in Glendale 18 Heights . Mr . Blazer, who was assisting the 19 County, was part of that process . Unfortunately, 20 it convolutes the process . 21 The State of Illinois has said, 22 for better or worse, we understand nobody really 23 wants a landfill , but we all make garbage , so 24 we ' re going to impose a process where there ' s Depo Court Reporting Service (630) 983-0030 53 1 nine criteria, and if the land meets the nine 2 criteria, that ' s fine, but the balance will be 3 with the local siting control and people who will 4 have it . 5 It ' s a question of whether the 6 evidence shows the site meets the nine criteria 7 as it ' s proposed to be operated and as it ' s 8 designed . 9 A referendum cannot be the 10 decision making process . That would be going 11 outside of the statutory process imposed by the 12 State of Illinois , which would mean that the 13 applicant then could appeal to Springfield and 14 Springfield would decide this . I don ' t think any 15 of us wants Springfield deciding the future . 16 Whether it ' s the County or the 17 City, which would be decided locally, a 18 referendum isn ' t part of the statutory mandated 19 process of how this happens . 20 Nobody, not the County, not the 21 City ' s hands are free to do what they want to do 22 or put this to a referendum, so under the 23 process , the referendum, while advisory in some 24 sense , could never be how this decision is made . Depo Court Reporting Service (630) 983-0030 54 1 The State of Illinois doesn ' t permit it . 2 MS . BARNES : So if you, the Board, 3 voted this down, it ' s not going to stop there , is 4 that what you ' re saying? 5 MR. PRICE : Well, what I ' m saying is 6 if they have proven that they meet the nine 7 criteria and they vote it down anyway, the 8 process is is that like everything in American 9 government , it ' s checks and balances , and the 10 checks and balances are that they have a right to 11 appeal then under the statutory process , and if 12 they find that these folks turned it down, even 13 though the evidence supported meeting it, they ' re 14 acting as judges and it ' s like a trial case, then 15 the appellate court can overturn the decision and 16 impose it without any of the conditions , without 17 any of the host agreement of benefits . 18 That ' s the possibility that 19 exists , that is , just being imposed under the 20 statute with no control , no local say so . So 21 that is a risk . 22 Does it happen very often? No , 23 but it has happened and it is a risk . 24 MS . BARNES : Thank you . Depo Court Reporting Service (630) 983-0030 55 1 MAYOR PROCHASKA: Anyone else on 2 this particular property? Yes , ma ' am. 3 WHEREUPON : 4 JOAN POOL, 5 testified before the City Council as follows : 6 MS . POOL : My name is Joan Pool , and 7 I recently moved to Yorkville from Naperville, 8 and for 20 years I lived near Green Valley . I 9 was about three miles away . 10 I had a lot of odor, lot of 11 trucks, lot of garbage on the road. And there is 12 no industry around Green Valley . 13 It seems to me that those of us 14 that moved to the County that wanted a country 15 setting, we were looking at the County, they had 16 this plan that there were going to be these 17 estate-sized lots and nice houses and things that 18 what you want to do now is take all of the 19 garbage and move it out to that end of Yorkville . 20 MAYOR PROCHASKA: Okay . Someone who 21 hasn ' t spoken yet? Sir, would you like to come 22 up? 23 WHEREUPON : 24 JERRY DIETER, Depo Court Reporting Service (630) 983-0030 56 1 testified before the Yorkville City Council as 2 follows : 3 MR . DIETER : My name is Jerry 4 Dieter . I live in rural Yorkville, so I have no 5 vote in any City government, which doesn ' t seem 6 like I am represented here very well , but -- I 7 was here last -- or I was at the meeting last 8 night and saw there was really no discussion on 9 this . It was just kind of passed through . 10 After they got done hearing us , 11 they voted and it all went through, so -- Now, I 12 know they advised you to vote on it , but I am 13 just challenging the aldermen to live up to the 14 commitment . 15 I pulled up some information 16 off the web site, I ' d just like to read a couple 17 people ' s and just challenge you to put up the 18 commitment that you made to the people of 19 Yorkville . 20 I know that growth has come to 21 Kendall County and I know there is concern that 22 we ' re going to lose our small town charm. 23 I believe that a small town is 24 based on ideals and commitments of the people in Depo Court Reporting Service (630) 983-0030 57 1 the community and not the population count . 2 Yorkville is a balancing act of 3 managing a growing city and maintaining a 4 wonderful quality of life in the community . It 5 has -- that the community has become accustomed 6 to . 7 I believe I can bring a 8 balanced perspective to the decisions involved in 9 the future growth and direction of the City . 10 I just want to be a part of 11 something good, something great . 12 Yorkville has rapid growth, 13 increase in property taxes , lack of urgent care 14 needs , traffic congestion, and conservation and 15 parks and recreation areas . 16 I felt some expertise to lend 17 to the City as ways to improve and upgrade 18 things . 19 Another one was independent 20 thought and keen sense of fairness to all matters 21 brought before the Council . It is a privilege to 22 serve the citizens of Yorkville and represent the 23 residents . 24 Thank you . Depo Court Reporting Service(630) 983-0030 58 1 MAYOR PROCHASKA: Thank you . Sir in 2 the back there with your hand up? 3 WHEREUPON : 4 GEORGE FROST, 5 testified before the Yorkville City Council as 6 follows : 7 MR . FROST : My name is George Frost . 8 I live in Yorkville in the River ' s Edge Reserve 9 off of Fox Creek . 10 While not being an expert in 11 any of this , I tried to do some homework and 12 tried to contact the County to get some 13 background on this , this land that ' s being 14 proposed for annexation, and I stated last night 15 that that gentleman had actually -- they didn ' t 16 make an application, but had talked with the 17 County, the County did ask him for $500 , 000 to 18 start the process , told him from my understanding 19 that it could go as much as $750 , 000 or more in 20 costs that would be taken back as the process was 21 drawn out . 22 He also asked the County at 23 that time to walk away from the road that ' s in -- 24 that cuts his property in half . Depo Court Reporting Service (630) 983-0030 59 1 I see that ' s on the agenda 2 tonight, but it wasn ' t discussed last night , and 3 my understanding was the County asked for a 4 million dollars for that road . 5 I ' m just wondering down the 6 road how that ' s going to affect this annexation 7 agreement . 8 I was told that once the 9 annexation agreement -- if he gets annexed into 10 Yorkville, that road and everything else , then it I1 becomes Yorkville ' s property and problem or one 12 way or another . 13 So he ' s actually from what I 14 could see going back door, trying to circumvent 15 the County, coming back into Yorkville to try to 16 get this in . 17 It ' s not a pretty situation if 18 anybody has been up there to Settler ' s Hill in 19 Batavia . During the summer it stinks , there is 20 garbage everywhere blowing around . 21 This gentleman has also -- the 22 way this -- the way I understand it , the nine 23 points of a landfill EPA-regulated system or 24 process , one of the main criterias is the need . Depo Court Reporting Service (630) 983-0030 60 1 I believe that ' s why this is 2 being ramrodded through, because if that other 3 landfill gets started down south before he gets 4 his in, then there is not a need, so he could not 5 prove need within the County, which is also why 6 then the County turned around and backdoored you 7 guys to put in a law that says there can ' t be a 8 landfill within a municipality, and what that ' s 9 going to do is end up costing Yorkville and 10 Kendall County taxpayers when we go to court over 11 it who knows what kind of money. It doesn ' t make 12 a lot of sense . 13 The residents don ' t want this . 14 I know, Mayor, you think you have to have this 15 because of economic growth down there . It ' s -- 16 If you don ' t want to fight the 17 fight , get out of the kitchen . This is something 18 that you have to fight for us . It ' s just that 19 simple . If you don ' t want to fight the fight , 20 get off the Board . 21 (Applause) 22 MAYOR PROCHASKA: All right . Is 23 there any other discussion on this piece of 24 property? Depo Court Reporting Service (630) 983-0030 61 1 One more time . I think we ' ll 2 take one or two more . I think we are dwindling 3 down, so we will move on to the next parcel . 4 MR. MILLIRON : Thank you . City 5 Council members , I would like Art Prochaska to 6 give us an explanation of why we are going so 7 fast . 8 I suspect you ' ve had 50 to 100 9 phone calls from the constituents of Yorkville , 10 residents of Yorkville, and some in the County, 11 wanting to know what is the big hurry, why are 12 you doing this in 19 days , and I would like an 13 explanation . 14 Thank you . 15 MAYOR PROCHASKA: I ' ve gotten about 16 six phone calls totally, and I have answered 17 those to the people that were there or left them 18 a message -- 19 MR . MILLIRON : Would you answer it 20 for the record? 21 MAYOR PROCHASKA: -- and the answer 22 is to annex the property and to move forward with 23 whatever may happen, and whether that is an 24 application or not -- and this is the process we Depo Court Reporting Service(630) 983-0030 62 1 go through . 2 This property has no -- when 3 you talk about the six months to a year, we also 4 talk about properties that have PUD ' s , 5 preliminary plats , different agreements that all 6 go with them . 7 Yes , some of those can take six 8 months to a year, some of them can take -- we ' ve 9 had some of them that are very large that have 10 taken a couple of years . It depends on what 11 there is . 12 And have there been properties 13 that have moved through quickly? There have , but 14 on ones that have not had issues . 15 So, you know, as far as why are 16 we doing this , again, there ' s no secret , the City 17 would like to have this property under the City ' s 18 control, or I would like to see it under the 19 City ' s control . I will not speak for the rest of 20 the Council . So there is your answer . 21 And, you know, if you ' ve got 22 something new to say, that ' s fine , but we really 23 need to move on to the next parcel . I ' m sure 24 we ' re going to have a lot of the same comments , Depo CourtReporting Service (630) 983-0030 63 1 so if this doesn ' t pertain particularly to this 2 parcel of land, can we move on and go to the next 3 parcel? 4 Yes , sir . Final comment . 5 MR . GILMOUR : Tom Gilmour . I ' d like 6 to recall an incident that ' s happened on Route 47 7 as far as the wisdom of this zoning and some of 8 the Comprehensive Plans for Yorkville proper . 9 Del Webb pulled out after 10 someone got the idea, bright idea, to put a water 11 park across from a retirement home . 12 Now, here is a community that 13 was bringing in -- they ' re not having any more 14 children, they are nothing but a win/win 15 situation for the City of Yorkville , and along 16 comes the water park . 17 MAYOR PROCHASKA: Well , and I ask -- 18 This would be pertaining to the particular piece 19 of property, but just to answer your question on 20 that , the owners are still looking at a group 21 that is looking at doing that, and one of the 22 groups is still the people . 23 It was an economic decision 24 based on being able to come to agreements between Depo Court Reporting Service(630) 983-0030 64 1 land owners and the developers and, as far as I 2 know, that is still -- it is still going forward, 3 so that ' s that . 4 MR . GILMOUR : Once again, back on 5 that same topic, and it is pertinent to this 6 whole general -- these next several parcels of 7 property . 8 If you are really interested in 9 the future growth of Yorkville, stand outside and 10 pick a direction . The most promising direction 11 for the City of Yorkville is in the southwest 12 corner . 13 It ' s the most picturesque part 14 of the county, it ' s the most likely for 15 residential development, and once this happens , 16 it ' s the end of it all . 17 And it ' s going to be to like a 18 virus imperviating the entire town . Don ' t think 19 it ' s just we got a couple million here , we ' re 20 going to use it someplace else . 21 Thank you . And that ' s all for 22 tonight . 23 MAYOR PROCHASKA: Okay . Is there 24 anyone else that would like to speak on this Depo Court Reporting Service (630) 983-0030 65 1 particular piece of property? 2 (No Response ) 3 MAYOR PROCHASKA: Is there anything 4 Council would like to say anything on this 5 particular parcel of property? 6 MR . BESCO : I would just like to 7 reiterate that we are dealing with an annexation 8 and zoning of property, and that is what ' s facing 9 us . 10 This is what we are voting on . 11 We ' re not voting on a landfill . That -- If 12 something does come -- somebody files a petition 13 to put a landfill in, then we will address that 14 topic, but until then, we are dealing with the 15 annexation and zoning of these properties , and 16 that ' s what we ' re judging it on . 17 MR . MUNNS : I would like your 18 address , ma ' am. I would like to stand in your 19 driveway and take a look . You offered . 20 MS . WHITE : Right . 21 MR . MUNNS : I wrote it down, I want 22 to make sure it ' s right . Was it 8714 ? 23 MS . WHITE : 8417 West . 24 MR . MUNNS : 8417 . Thank you . Depo Court Reporting Service (630) 983-0030 66 1 - MAYOR PROCHASKA: Okay . Anything 2 else pertaining to this particular piece of 3 property? All right . 4 WHEREUPON : 5 KIM RIECKERT, 6 testified before the Yorkville City Council as 7 follows : 8 MS . RIECKERT : Kim Rieckert . I live 9 on State Route 71 a mile from where you ' re 10 wanting do all this . 11 Can I just have hands raised 12 how many of you live anywhere near what you are 13 wanting and pushing through on us ? 14 Isn ' t there a better place to 15 potentially put a landfill that is not going to 16 affect us ? 17 You ' ve got huge farms down 47 18 and yet you are wanting to annex just so you can 19 do stuff that ' s not wanted or appreciated 20 anywhere around us . 21 How many of you are going to be 22 personally affected more than just trying to 23 travel the roads that we can ' t get through now? 24 How many of you live Depo Cour`Reporting Service (630) 983-0030 67 1 within let ' s go 15 miles ? 2 MAYOR PROCHASKA: I think we all do . 3 I think we all do that . 4 MS . RIECKERT : That is going to be 5 on your road? 6 MAYOR PROCHASKA: No . 7 MS . RIECKERT : You say to live on a 8 highway . 9 MAYOR PROCHASKA: I live a block up 10 34 . 11 MR . WOLFER: I live four miles . 12 MR . LESLIE : I live -- I am the 13 closest to the proposed annexation . 14 And I would like to caution you 15 with your supposition, a lot of you folks are 16 here, I think that ' s great you ' re coming out , but 17 apparently you ' ve decided what my decision has 18 been and everyone else here . 19 MS . RIECKERT : I ' m requesting that 20 you turn it down because we don ' t want it . 21 MR . LESLIE : I appreciate that . A 22 request is one thing, but your statement earlier 23 was how many of you live in close proximity while 24 you are pushing this through . Depo Court Reporting Service (630) 983-0030 68 1 You ' re not here to vote on it , 2 you ' re here to state your opinion, we ' re here to 3 hear . 4 But, please, I encourage all of 5 you, I don ' t think a single person here has heard 6 me speak to what I want . I am going to be one of 7 the people voting, as are the other seven here . 8 So understand that . 9 MS . RIECKERT : Would we be doing 10 this proposal and seeking out people to annex 11 into the City of Yorkville if we didn ' t have this 12 other issue underlying? 13 MR . LESLIE : I ' m not sure of your 14 question . 15 MS . RIECKERT : If we didn ' t have 16 Mr . Hamann wanting to use his property for this , 17 would the City have deliberately gone after to 18 annex and seek out these individual specific 19 property owners ? 20 MR . LESLIE : Are you familiar with 21 the process , number one, to seek out , and are you 22 aware of the individuals, the said individuals, 23 you are saying that did so? 24 MS . RIECKERT : Why don ' t you explain Depo CourtReporting Service (630) 983-0030 69 1 it to us? 2 MR . LESLIE : I can ' t . I am not one 3 of them. 4 MAYOR PROCHASKA: I think we -- 5 MR . MUNNS : We ' re off point , 6 Mr . Mayor . Let ' s get back to it . 7 MR . MILLIRON : It was explained last 8 night . 9 MR . LESLIE : It ' s an important 10 point . I want to make that point , you know . 11 MAYOR PROCHASKA: Just in 12 finalization, again, to all of the Council -- and 13 they are all aware of this -- and, as Alderman 14 Besco has pointed out, this is a public hearing 15 for annexation and zoning, and there is no 16 presupposition one way or another for anything 17 else that would come along . There cannot be . 18 And if anyone speaks of it any 19 other way, they actually could put -- there is a 20 bigger liability of doing that the attorney has 21 said . 22 We will look -- At this point 23 in time we are looking at annexation and zoning 24 of property, and that is what ' s before us for Depo Court Reporting Service(630) 983-0030 70 1 consideration this evening . 2 Is there any other discussion 3 on this piece of property before we move to the 4 next piece of property? Yes , sir . 5 WHEREUPON : 6 PHIL CORRINGTON, 7 testified before the Yorkville City Council as 8 follows : 9 MR . CORRINGTON : Good evening . I 10 have a small question I am hoping you can help me 11 with . 12 MS . SPEARS : Excuse me, what is your 13 name? 14 MAYOR PROCHASKA: You need to state 15 your name and your address , sir, please . 16 MR . CORRINGTON : Phil Corrington, 17 8675 Highpoint Road in Kendall County . 18 And the question is the 19 Eldamain Road extension . I heard last night from 20 I believe it was you that the Eldamain Road 21 extension all the way to 71 covers on the east 22 side would be Plano . 23 MAYOR PROCHASKA: And our boundary 24 agreement with Plano at this time is that Depo Court Reporting Service (630) 983-0030 71 1 from down to Route 71 to the east of Highpoint 2 Road -- other than there is a little gray area 3 because it curves over to hit Eldamain -- to -- 4 is on the Yorkville side of the boundary 5 agreement ; on the west side is the Plano 6 agreement , that ends at Route 71 . 7 MR . CORRINGTON : Can you tell me 8 approximately on this map or where people can see 9 where the Eldamain Road extension would come in? 10 MAYOR PROCHASKA: Sure . 11 MR . MILLER : It would be -- That ' s 12 Eldamain Road . 13 MR . CORRINGTON : That ' s West 14 Highpoint . 15 MR. MILLER: Right . And that ' s 16 where Eldamain Road would come in . 17 MR . CORRINGTON : I thought it would 18 come straight in down through here . 19 MAYOR PROCHASKA: No . We -- The 20 actual agreement is Eldamain north of the river 21 and Highpoint Road on the south side of the river 22 to Route 71 . 23 MR. CORRINGTON : Okay . Thank you . 24 One other question, and this goes on to another Depo Court Reporting Service(630) 983-0030 72 1 piece of property . 2 If you annex the Hamann 3 property where they are currently using it as 4 composting, will you be able to provide better 5 control over the odor? 6 MAYOR PROCHASKA: Well , I don ' t know 7 if we can provide better or not . From what I ' m 8 hearing, people are saying there is not a lot of 9 control being done right now, and certainly that 10 would then go through our City Staff and we would 11 address that as the City because it would then be 12 within the City limits . 13 MR . CORRINGTON : Thank you . 14 MAYOR PROCHASKA: Anyone else? 15 Where? Oh . Ma ' am. 16 WHEREUPON : 17 JOAN EVERETTS , 18 testified before the Yorkville City Council as 19 follows : 20 MS . EVERETTS : Joan Everetts . I 21 live at 8282 West Highpoint Road . I have two 22 questions on this . 23 One, the gentleman earlier said 24 that the fire district was improper on the Depo Court Reporting Service (630) 983-0030 73 1 annexation agreement I believe , and I was 2 wondering if the correct fire district got proper 3 notice and timely notice . 4 MAYOR PROCHASKA: Well , that ' s a 5 question . Can we answer that? Pardon? You ' ve 6 got notice? Mr . Nelson, I don ' t know, can you 7 answer that ? Were they noticed? 8 MR. NELSON : My reading of the 9 statute is -- I think Mr . Wyeth would agree with 10 me -- that if there is -- 11 MAYOR PROCHASKA: Okay . Yes , the 12 Bristol-Kendall Fire Protection District was 13 notified . We do have the return from the -- 14 MR. NELSON : That satisfies it . 15 MAYOR PROCHASKA: -- from the mail . 16 Yes . They were notified . 17 MS . EVERETTS : And my second 18 question deals with the process in general , and 19 I ' m not sure if I have this straight , the 20 attorney can straighten this one for me , but I 21 believe when a municipality asks for annexation 22 an ordinance needs to be passed, and was that 23 ordinance passed? And when? If that ' s right . 24 MAYOR PROCHASKA : That ' s what the Depo CourtReporting Service (630) 983-0030 74 1 public hearings are for and that is what is on 2 the agenda for this evening, would be the actual 3 ordinances -- 4 MS . EVERETTS : The ordinances . 5 MAYOR PROCHASKA: -- to do that . 6 MS . EVERETTS : Okay. Thanks . 7 MAYOR PROCHASKA: If there is no 8 other discussion on this particular piece of 9 property, I ' d like to move on to the next -- 10 Anyone here at the table? 11 (No Response ) 12 MAYOR PROCHASKA: I ' d entertain a 13 motion to close the public hearing for PC 14 2006-71 . 15 MR . MUNNS : So moved . 16 MR . WOLFER : So moved. Second . 17 MAYOR PROCHASKA: Moved and 18 seconded . May I have roll call, please? 19 MS . MILSCHEWSKI : Burd . 20 MS . BURD : Aye . 21 MS . MILSCHEWSKI : Munns . 22 MR . MUNNS : Aye . 23 MS . MILSCHEWSKI : James . 24 MAYOR PROCHASKA: I ' m sorry, that ' s Depo Court Reporting Service (630) 983-0030 75 1 true . It is forty -- it ' s 2006-44 . Would you 2 please -- I guess I ' d ask to rescind that motion 3 and restate the motion, and I would entertain a 4 motion to close the public hearing on PC 2006- 44 . 5 MR . MUNNS : So moved . 6 MR . WOLFER: Second . 7 MAYOR PROCHASKA: A motion has been 8 rescinded . It has been moved and seconded . 9 May I have roll call , please? 10 MS . MILSCHEWSKI : Burd . 11 MS . BURD : Aye . 12 MS . MILSCHEWSKI : James . 13 MR . JAMES : Aye . 14 MS . MILSCHEWSKI : Munns . 15 MR . MUNNS : Aye . 16 MS . MILSCHEWSKI : Wolfer . 17 MR . WOLFER : Aye . 18 MS . MILSCHEWSKI : Leslie . 19 MR . LESLIE : Aye . 20 MS . MILSCHEWSKI : Besco . 21 MR . BESCO : Aye . 22 MS . MILSCHEWSKI : Bock . 23 MR. BOCK : Aye . 24 MS . MILSCHEWSKI : Spears . Depo Court Reporting Service(630) 983-0030 76 1 MS . SPEARS : Aye . 2 MAYOR PROCHASKA: Motion is carried . 3 Next I would entertain a motion 4 to go into public hearing for the purpose of 5 discussing PC 2006-71 , North Star Trust Company 6 u/t dated August 8 , 2006, No . 06-9993 , 7 petitioner, has filed an application with the 8 United City of Yorkville, Kendall County, 9 Illinois , requesting annexation to the United 10 City of Yorkville and rezoning from Kendall 11 County A-1 to United City of Yorkville B-3 12 Service Business District, and for hearing as to 13 the annexation of petitioner . 14 The real property consists of 15 approximately 15 . 32 acres located on the south 16 side of Route 71 , west of Highpoint Road, in 17 Kendall County, Illinois . 18 MR . BOCK : So moved . 19 MR . WOLFER : Second. 20 MAYOR PROCHASKA: Moved and 21 seconded . May I have roll call, please? 22 MS . MILSCHEWSKI : Burd . 23 MS . BURD : Aye . 24 MS . MILSCHEWSKI : Munns . Depo Court Reporting Service (630) 983-0030 77 1 MR . MUNNS : Aye . 2 MS . MILSCHEWSKI : James . 3 MR . JAMES : Aye . 4 MS . MILSCHEWSKI : Wolfer . 5 MR . WOLFER : Aye . 6 MS . MILSCHEWSKI : Leslie . 7 MR . LESLIE : Aye . 8 MS . MILSCHEWSKI : Besco . 9 MR. BESCO : Aye . 10 MS . MILSCHEWSKI : Bock . 11 MR . BOCK: Aye . 12 MS . MILSCHEWSKI : Spears . 13 MS . SPEARS : Aye . 14 MAYOR PROCHASKA: Motion is carried . 15 Representing the petitioner, 16 could you state your name? 17 WHEREUPON : 18 JOHN PHILIPCHUCK, 19 testified before the Yorkville City Council as 20 follows : 21 MR. PHILIPCHUCK : Yes . John 22 Philipchuck . I am an attorney with offices at 23 123 Water Street, Naperville, Illinois , here this 24 evening representing North Star Trust Company Depo Court Reporting Service (630) 983-0030 78 1 Trust Number 06-9993 , and this is the 15-acre 2 parcel that ' s located at the southwest corner of 3 Highpoint Road and Route 71 . 4 It is contiguous to the 5 Borneman property that you just conducted a 6 public hearing on . 7 Under the state statutes , an 8 applicant has a right to file petitions to annex 9 and to request that the municipality enter into 10 an annexation agreement . We have submitted an 11 annexation agreement for your consideration . 12 At the public hearing last 13 night , unfortunately the Plan Commission did not 14 have a majority to recommend zoning . 15 We are requesting B-3 for this • 16 parcel; the reason being that that is what your 17 Comprehensive Plan calls for . 18 It was recently adopted by the 19 City Council in September of 2005 , so it ' s of a 20 more recent nature . 21 Part of the reasoning that you 22 invested in an update of your Comprehensive Plan 23 was because of the growth that you are 24 experiencing in the southern part of the City, Depo Court Reporting Service (630) 983-0030 79 1 and as you know, as your corporate boundaries 2 expand, so does your sphere of influence . 3 You are able to plan your 4 destiny within a mile and a half of your 5 corporate boundaries . 6 As you annex these parcels , it 7 allows Yorkville to be the one who determines 8 what land uses and what will be happening in 9 these areas , so this is a logical extension of 10 the City into an area that ' s part of your 11 Comprehensive Plan, and I would urge you to 12 continue your efforts to help the citizens of 13 Yorkville to relieve them of some of the property 14 tax burdens by continuing to plan to annex these 15 areas that offer potential for commercial 16 development . 17 We all recognize that 18 homeowners are the ones that are carrying a lot 19 of the burden for our school taxes , but getting 20 commercial properties annexed and under the 21 control of the City of Yorkville allows you to 22 plan for the future so that these parcels are out 23 there and designated, so that as home buyers look 24 at new property, they can evaluate whether they Depo Court Reporting Service (630) 983-0030 80 1 want to move in those areas knowing that those 2 are the plans . 3 The plans are this property has 4 been annexed by Yorkville, Yorkville is 5 designated as commercial , what have you, and so 6 the plans are out right there . It ' s of public 7 record that everyone can take a look at and see . 8 We must take advantage of our 9 state routes . We ' ve seen that on Route 34 with 10 the commercial ventures that you are starting to 11 see come into the community . 12 We ' ve seen it on Route 47 . You 13 are currently seeing some developments that have 14 large commercial components as you move out on 15 Route 47 ? 16 One thing that is a plus is 17 that there are plans for the Prairie Parkway . 18 Again, your future , but nonetheless , it ' s part of 19 the job, a good City Council has to plan for that 20 future . 21 And by doing your Comprehensive 22 Plan and by planning for these areas , taking 23 advantage of the fact that these roads are 24 coming, you are positioning yourselves to allow Depo Court Reporting Service (630) 983-0030 81 1 those planned uses that are being petitioned to 2 you tonight . 3 So we think it ' s fiscally 4 responsible of this Council to consider these 5 kinds of petitions and annexations , and we would 6 request that you recommend approval of the zoning 7 tonight in accordance with the Comprehensive 8 Plan . 9 Thank you . 10 MAYOR PROCHASKA: Okay . Travis , do 11 you have a report to give on this particular 12 parcel? 13 MR . MILLER : A brief statement . The 14 Plan Commission did conduct a public hearing last 15 evening, as stated by the petitioner . 16 The recommendation for -- to 17 approve the annexation was unanimous , seven to 18 zero, and the zoning was not recommended, with a 19 vote of three in favor of recommendation and four 20 not in favor of a recommendation for rezoning 21 request . 22 Just as a point of 23 clarification, the petitioner stated the 24 Comprehensive Plan -- the Comprehensive Plan in Depo Court Reporting Service (630) 983-0030 82 1 the southern portion of the City, the public 2 hearings were conducted in November of 2004 , it 3 was adopted by the City Council in February of 4 2005 . 5 It is true that the -- this 6 property, 15 . 32 acres , does fall completely 7 within an area designated or recommended by that 8 Comprehensive Plan for commercial use, so B-3 9 zoning classification would be consistent with 10 the recommendation of the Comprehensive Plan for 11 this property . 12 MAYOR PROCHASKA : Okay . With that , 13 I would -- Wait until she changes the tape here . 14 All right . I would open the floor, sir . 15 MR . PARISH : Ron Parish again . I 16 guess I ' m just going to go back and talk about 17 what we have talked about so far in the meeting . 18 For one thing, I do appreciate 19 all of the aldermen being here in parliamentary 20 procedure . 21 In all of the parliamentary 22 procedure that I have ever been involved with, it 23 was generally noted the ones that paid attention 24 or did not pay attention when important issues Depo Court Reporting Service (630) 983-0030 83 1 were being brought up . 2 I would like to call to the 3 attention to the group the ones that do or do not 4 pay attention. 5 I believe the gentleman on the 6 end, Jason -- and I respect you Jason -- 7 chastised one of the individuals in the room a 8 while ago , but you were not present , Jason, when 9 the -- it was read. You were in the back room. 10 MR. LESLIE : Which was that? 11 MR . PARISH : Now, you said -- When 12 they called the roll a while ago to vote , you 13 were not even present in the room. 14 MR . LESLIE : What -- 15 MR. PARISH: You were out smoking 16 and you were reading a book. If I ' m going to be 17 here, I would like you to -- 18 MR . MUNNS : Been here The whole time 19 we were discussing this , sir . 20 MR . PARISH : I would like someone to 21 pay attention to us . We are here paying for our 22 right and for our property and I would at least 23 like someone -- 24 MR . MUNNS : Tell him he is done . Depo Court Reporting Service (630) 983-0030 84 1 MAYOR PROCHASKA: Sir, sir, I ' d ask 2 that -- Please stay on point on this property . 3 MR . PARISH : I will stay on point . 4 I will go back to the first thing, that this is 5 being railroaded . It is done in 19 days . 6 The trucks that we are talking 7 about are going to be coming through Yorkville no 8 matter what was the statement that was made, and 9 they will if the dump goes out there . 10 We have also talked about 11 what ' s out there now . There is a compost plant 12 out there now, and you can ' t breathe . It also 13 has plastic in it . And I would invite every one 14 of the Council members to come out and look at 15 that landfill and see what ' s in the landfill . 16 All respect to you, John, I 17 would invite you to come out and look at that 18 also . 19 We talked about no fees and 20 John talks about us having a tax base . There is 21 no fees bringing these properties into the county 22 and -- into the City, excuse me . 23 If there is no fees , then we 24 don ' t have a tax base . We only have a tax base Depo Court Reporting Service (630) 983-0030 85 1 if something is built there, and I doubt very 2 seriously having this garbage is going to pay 3 anything to us for taxes . It ' s only going to 4 bring us more misery . 5 We have talked about what 6 happens in the other landfills . I ' ll give you 7 Settler ' s Landing or Green Valley . It is sand 8 base, and there is not enough sand base out there 9 to even have a landfill . 10 There has been 40 core I1 drillings out there -- not wells -- where they 12 dug in to check the land, but the reason they 13 chose the other one is because when you can ' t cap 14 it off, it ' s too much sand, it doesn ' t work, and 15 that absolutely is an abomination right now . 16 There has never been anything 17 done to help this or any of us out on that road 18 to stop this landfill from going . 19 And, systematically, we are 20 going down through each one of these properties 21 and we ' re saying okay . There was no discussion 22 amongst the Board a while ago, it was let ' s call 23 roll . I would like to hear y ' all ' s opinions . 24 We ' re standing here , All of us Depo Court Reporting Service (630) 983-0030 86 1 are getting up and we ' re pleading for our life . 2 My wife played in 47 , she is 53 years old, played 3 in the middle of that highway . There wasn ' t any 4 traffic . 5 We haven ' t done anything to 47 6 since she played in it in 53 years , but yet we 7 want to bring the traffic out down 71 . 8 We have already annexed a lot 9 of land out here, but I have never seen a 10 Yorkville patrol car out there . 11 People do 75 miles an hour with 12 trash running on those trucks , but there is no 13 Yorkville patrol cars out there, and you already 14 annexed that property . 15 I ' d just like to ask that 16 everybody listen to us, and let ' s look at what 17 the cost would be . 18 The County asks for $ 500 , 000 to 19 inspect that property because it ' s going to cost 20 over $500 , 000 in order to get a landfill 21 authorized and to have it out there . $ 500 , 000 22 won ' t touch it . 23 Yorkville is asking for 24 $100 , 000 , and that ' s fine . I know we say we can Depo CourtReporting Service (630) 983-0030 87 1 replenish it , and I ' m sure we will, and I ' m 2 taking you at your word that we would replenish 3 it , but that ' s not enough to even start to get 4 that property into a landfill . 5 And all of this is about 6 putting the properties together to get to the 7 landfill , and it just doesn ' t make any sense . 8 I cannot understand why the 9 City of Yorkville would want to sit and railroad 10 this entire group of people into something that 11 they don ' t want . 12 We set here last night , all of 13 us begging for our lives, and it was like yes , 14 aye , aye, aye, aye . Yes , aye, aye, aye , aye , 15 aye , aye , aye . 16 My wife just came home from 17 Mayo . She ' s been there for four weeks . She had 18 to go home . She couldn ' t even tolerate it . 19 You know, it ' s -- I think It ' s 20 not where a person lives . I don ' t think that 21 where a person lives has anything to do with what 22 should happen in the City, but I think the City 23 needs to have a base or a foundation to work 24 from, and I don ' t think they need to go outside Depo Court Reporting Service (630) 983-0030 88 1 and start working with somebody ' s property out 2 there putting more traffic on the roads and not 3 taking care of it . 4 We don ' t have anybody in 5 Yorkville that can even watch or monitor a 6 landfill . 7 I think if we ' re going to have 8 a landfill or we ' re going to put the landfill 9 together to go out there , then we need to have 10 people that can monitor it and can take care of 11 it, and I think we need the other people in the 12 room paying attention, and I ' d like to hear 13 y ' all ' s comments . I don ' t like to just hear an 14 aye or a nay or a yes . 15 Jason, I thought you were going 16 to talk a while ago and you didn ' t say a word . 17 You walked off . 18 MR . LESLIE : Number one , I was 19 present for the roll call . It was a motion to 20 close discussion . Number one . 21 I went to the restroom, so -- 22 MR. PARISH : Then you should have 23 excused yourself and called the meeting to a 24 close until you returned because that is Depo Court Reporting Service (630) 983-0030 89 1 parliamentary procedure . 2 MR . LESLIE : You know, I don ' t think 3 so because I was here for the vote , so 4 regardless . 5 Number two , I was not 6 chastising the lady, I was cautioning her . I was 7 cautioning her . That ' s exactly what I felt . 8 All these folks , I understand 9 you are emotionally charged . You asked who is -- 10 is there anyone here close to the landfill . I ' m 11 the closest to the landfill . I haven ' t said one 12 word, I believe word one . Being the closest to 13 the landfill , I haven ' t said word one . 14 My caution to you was , I 15 understand you folks are charged . You ' re here . 16 With regard to the Planning Commission, by the 17 way, I don ' t sit on the Planning Commission . I 18 would have been at the Planning Commission had I 19 had the opportunity . 20 I ' m here generally every 21 Tuesday, before that Tuesday and Thursday, when 22 time permits between two businesses . 23 I take this very seriously, and 24 I assure you, it ' s got the utmost of my Depo Court Reporting Service(630) 983-0030 90 1 attention . 2 So if you want to hear my 3 comments and my opinions , I ' m going to give them. 4 I ' m going to give them tonight with my vote, and 5 that will be my opinion . I want to hear you 6 folks first . 7 MR . JAMES : I just wanted to point 8 out how the process works . We are in the public 9 hearing section right now and that ' s where we 10 hear from the public . 11 Later in the agenda there is a 12 section where we ' re going to talk and have a 13 vote, and at that time that ' s where you ' ll hear 14 our discussions . 15 MR . MILLIRON : Can you talk louder, 16 please? 17 MAYOR PROCHASKA: Okay . What he ' s 18 saying is as part of the process , this is a 19 public hearing process . 20 At this time, the main focus is 21 to take comment and questions and answers from 22 the testimony from the public . 23 At the time when these would 24 come before the Council for consideration, there Depo Court Reporting Service (630) 983-0030 91 1 is a time for the Council then to debate back and 2 forth their ideas and thoughts on these things , 3 and at that time there will be discussion . 4 I suspect -- I ' ve never seen 5 this Council not have discussion when there is an 6 important issue , so there is -- there will be 7 discussion at that point , and, you know, I think 8 at this point the main thing is get information 9 from you all . 10 And with that, is there someone I1 that would like to come up and speak? 12 UNIDENTIFIED AUDIENCE MEMBER : Would 13 you explain that the vote was to close the 14 discussion? 15 MAYOR PROCHASKA: Okay . Folks , all 16 we did at that vote was simply to close that 17 portion of the public hearing, and then we voted 18 to open the next portion of the public hearing . 19 That was not a vote to do anything other than 20 that . The actual consideration will be later on 21 in the agenda . 22 And is there someone that would 23 like to now speak about this piece of property? 24 And there is a man back there, if I could let him Depo Court Reporting Service(630) 983-0030 92 1 speak first . 2 MR . PARISH : I don ' t want to speak 3 for you, Art , but when are y ' all going to 4 actually state y ' all ' s opinion on this ? This 5 group has sat here for two days and nobody has 6 spoke up . 7 MAYOR PROCHASKA: What I am saying 8 is during the consideration time, that is the 9 time when the Council has that opportunity to 10 vote on whether they -- you know, whatever they 11 want to do, and there is a discussion period with 12 that , too, so there is a discussion period for 13 the Council . 14 Yes , sir, in the back . If you 15 want to come forward . 16 MR . MILLIRON : We don ' t fully 17 understand that . 18 MAYOR PROCHASKA: Yes . If there is 19 people who can ' t hear, there is a lot of empty 20 chairs up front . You are welcome to move 21 forward . 22 WHEREUPON : 23 GEORGE GILSON, 24 testified before the Yorkville Plan Commission as Depo Court Reporting Service (630) 983-0030 93 1 follows : 2 MR . GILSON : George Gilson is my 3 name, and I heard Jason talk about wanting to 4 hear what people have to say before you cast your 5 vote, and I challenge the rest of you to do the 6 same . 7 I think it ' s being made clear 8 here, the people here do not want to see this 9 annexation, do not want to see that landfill , and 10 that ' s the underlying reason for this annexation . 11 But my question to you is how 12 can you as elected officials stand up here in 13 front of us and vote on something that you see 14 actually no support for at all to annex this land 15 in? 16 MAYOR PROCHASKA: Is that a 17 rhetorical question? 18 MR . GILSON : It ' s a question that 19 I ' d like answered. 20 MAYOR PROCHASKA: Well , first of 21 all , sir , as far as the vote goes , that won ' t 22 happen until further on down, and we don ' t know 23 how anyone is going to vote at this point in 24 time . Depo Count Reporting Service (630) 983-0030 94 1 When they do that , they will 2 have the opportunity to make their feelings 3 known, and that ' s what we ' ve said . This is a 4 time for -- to get testimony from all the people 5 here . 6 MR. GILSON : I just want to point 7 out that you ' ve seen and you ' ve heard now from 8 many people standing up here and you ' re going to 9 hear from a lot more . 10 Have you heard from one person 11 here that has stood up in support of this thing 12 besides Mr . Hamann ' s and North Star trust 13 attorney? 14 MAYOR PROCHASKA: Support of what? 15 All we ' re looking for is annexation, annexation 16 and zoning . 17 MR . GILSON : And I don ' t believe 18 there ' s been one person that ' s stood up here in 19 favor of the annexation . 20 I challenge you, Jason . Like 21 you said, you want to hear what we have to say, 22 you ' re going to hear what we have to say, and I 23 challenge the rest of you to do the same . 24 We don ' t want this annexation Depo Court Reporting Service (630) 983-0030 95 1 and we don ' t want the landfill, and that ' s the 2 only reason for this annexation . 3 (Applause) 4 MAYOR PROCHASKA: Okay . All right . 5 I ' d like to move forward with this , we ' re still 6 on number three . And so at this time I would ask 7 if there is someone else that would like to come 8 forward and talk about this particular issue . 9 WHEREUPON : 10 KELLY KRAMER, 11 testified before the Yorkville Plan Commission as 12 follows : 13 MS . KRAMER : Kelly Kramer . I live 14 at 514 West Madison Street in Yorkville . 15 And I was wondering if the City 16 has looked into the timetable for extending the 17 sanitary sewer and water improvements to all of 18 these sites . 19 And if it ' s agreeable with the 20 attorney, if I could adopt that question and the 21 answer for the remaining public hearings , but for 22 the Sleepy Hollow vacation . 23 MAYOR PROCHASKA : Okay . I ' m sorry, 24 you kind of trailed off there . You are asking Depo CourtReporting Service(630) 983-0030 96 1 about the timetable? 2 MS . KRAMER: Timetable . Has the 3 City given any consideration to the timetable and 4 what that would be for the sanitary sewer, and 5 water extension to these particular properties 6 and what the location and routing would be . 7 MAYOR PROCHASKA: Well , typically 8 it ' s development that determines the timing as 9 the development comes forward. 10 And I know there is a plan that 11 the sanitary district has for their sewer and 12 there is a water plan, am I correct , Travis? I 13 don ' t know if you can answer this a little 14 better . 15 MR. MILLER: As far as the specific 16 request for annexation tonight , the short answer 17 is no, we specifically haven ' t looked at each 18 individual property, but to answer your question, 19 the property that is contiguous , as far as the 20 annexation being petitioned tonight , are 21 contiguous , engineering is moving forward with 22 sanitary sewer and water services for those 23 properties . 24 The anticipated time frame for Depo Court Reporting Service (630) 983-0030 97 1 installation is 2007 , with segments up and 2 running in 2007 , so the best estimate at this 3 point is driven by development and demand, and 4 the best estimate at this point is we would have 5 those services , the eastern edge of these 6 annexations , by late 2007 , early 2008 , depending 7 on timing of development of these properties . 8 And, again, this is for 9 annexation of the property and zoning, not 10 development plans , so at that point we would be 11 poised then to design the infrastructure 12 necessary after the development was proposed, if 13 and when that development is proposed, for these 14 properties . 15 Does that answer your question? 16 MS . KRAMER: Yes . 17 MR. MILLER: Okay . 18 MS . KRAMER: Has this property or 19 any of the properties that are being presented 20 here tonight petitioned to the Yorkville-Bristol 21 Sanitary District for annexation at this point in 22 time? 23 MAYOR PROCHASKA: I don ' t believe 24 they have at this time, as far as I know, but Depo Court Reporting Service (630) 983-0030 98 1 ultimately before they would develop, if they 2 wish to be annexed into the sanitary district , 3 they would have to do that , yes . 4 MS . KRAMER: Prior to any issuance 5 of building permits or approval of plans ? 6 MAYOR PROCHASKA: It ' s in the 7 annexation agreement that they would need to 8 petition . 9 MR . MILLER: You ' re right . It ' s 10 actually tied to the final plat within the I1 annexation agreements . 12 MS . KRAMER: And also has the City 13 looked at what type of funding mechanism they 14 would utilize to pay for the sanitary sewer and 15 water extensions in this particular area given 16 the fact that there is no immediate development 17 plans? 18 MR . MILLER : Not at this time , 19 primarily because of that reason . The 20 development plans would speak to what the 21 intended uses would be there, and that ' s what we 22 would -- the City typically would base , what , if 23 any, type of funding mechanisms that are 24 established for that based on the taxes generated Depo Court Reporting Service (630) 983-0030 99 1 as to commercial use or the number of residential 2 units if it ' s a residential use . 3 All of the property is assigned 4 to a very small portion of one of the annexations 5 tonight, the Schanze property is all 6 non-residential , so we would be in need of 7 understanding what the commercial development 8 would be and what type of sales tax generation 9 and funding would be generated or expected to be 10 generated from those land uses before we could 11 even begin those conversations . 12 So, at this point , to answer 13 your question, it hasn ' t been evaluated because 14 it would be premature . 15 MS . KRAMER : And do you know if 16 pursuant to the annexation agreement these 17 particular properties are going to avail 18 themselves of any sort of police and fire 19 protection services immediately if annexed? 20 MR. MILLER: Yeah, the annexation 21 agreement does address that , and police and fire 22 protection would be provided by the City to those 23 properties . 24 MS . KRAMER: Upon approval of any Depo Court Reporting Service (630) 983-0030 100 1 annexation agreement? 2 MR. MILLER: That ' s correct . 3 MS . KRAMER: What about garbage 4 service? 5 MR. MILLER: That ' s a good question . 6 The annexation agreement does not address that . 7 I believe part of the City -- I 8 refer that to the attorney -- I believe the 9 coverage of the City would include any corporate 10 area, but I don ' t have the direct answer to that 11 question . 12 MS . KRAMER: And do you know if 13 these particular properties are being serviced 14 with the Kendall -- or Bristol-Kendall Fire 15 Protection District and the County of Kendall 16 right now? 17 MR. MILLER: This particular 18 property -- I ' ll let the petitioner speak to 19 that . 20 MR. PHILIPCHUCK: The 15 acres that 21 we ' re talking about, or we ' re trying to talk 22 about , is Bristol-Kendall . 23 MS . KRAMER: And also County of 24 Kendall Sheriff ' s Department? Depo Court Reporting Service (630) 983-0030 101 1 MR. PHILIPCHUCK: Kelly, you know 2 that . 3 MS . KRAMER : Well , I ' d like to hear 4 an answer on the record if you don ' t mind . 5 MR . PHILIPCHUCK: Yes , yes . 6 MS . KRAMER: And so the only benefit 7 of this particular property at this point in time 8 is the Yorkville Police Department serving the 9 property and garbage pickup, they wouldn ' t avail 10 themselves of any municipal water and sewer at 11 this point in time? 12 MR . PHILIPCHUCK: Not until it ' s 13 available , but we now have a critical mass out 14 there of potential development, we have more 15 property owners who are committed to the City of 16 Yorkville that can participate in funding 17 mechanisms as they are developed to be able to 18 pull the utilities out there . 19 MS . KRAMER: And as far as pulling 20 the utilities out there, would the developers 21 look at enacting any sort of SSA or putting any 22 type of recapture agreement on the properties ? 23 MR . PHILIPCHUCK: As you know, there 24 are various funding mechanisms ; it ' s too early to Depo Court Reporting Service(630) 983-0030 102 1 discuss those at this time . 2 MS . KRAMER: So none of the 3 petitioners that you represent have gone any 4 further than that? 5 MR. PHILIPCHUCK: Not at this time . 6 MS . KRAMER: Okay . I have nothing 7 further . 8 MAYOR PROCHASKA: Thank you . 9 Someone else? Yes , sir . 10 WHEREUPON : 11 DON KOLODZINSKI, 12 testified before the Yorkville Plan Commission as 13 follows : 14 MR. KOLODZINSKI : My name is Bob 15 Kolodzinski . I live in Yorkville . I would like 16 to address Mr . Billchuck (sic) , the attorney for 17 North Star . 18 MS . WHITE : Philipchuck . 19 MR. KOLODZINSKI : Philipchuck . What 20 type of holding does North Star represent? What 21 type of businesses ? 22 MR . PHILIPCHUCK: It is the trustee 23 that holds title -- to ,the land trust . 24 MR . KOLODZINSKI : What type of Depo Court Reporting Service (630) 983-0030 103 1 ventures do they endeavor? 759 acres , it ' s got 2 to be pretty substantial . 3 MR . PHILIPCHUCK: See, the title is 4 held in the land trust under the Illinois Land 5 Trust Act . 6 MR . KOLODZINSKI : And would you 7 explain to people why things are held in trust? 8 MR . PHILIPCHUCK: Various reasons . 9 MR . KOLODZINSKI : Would one be 10 because you can ' t sue the individual? 11 MR. PHILIPCHUCK : Would one be -- 12 MR . KOLODZINSKI : You can ' t sue an 13 individual, you would have to -- because it ' s a 14 trust, there is not a person to go after . 15 MR . PHILIPCHUCK : It would depend on 16 the nature of what it is you are seeking to do . 17 MR . KOLODZINSKI : But is that one 18 of -- Could that be true? It is a yes or a no . 19 MR . PHILIPCHUCK : It ' s not a yes or 20 no answer . 21 MR . KOLODZINSKI : Okay . Let me ask 22 you another question . Yesterday you said you 23 lived in the City of Yorkville , today you said 24 you live in Naperville . Depo Court Reporting Service (630) 983-0030 104 1 Are you lying to us yesterday 2 or today? 3 MR . PHILIPCHUCK: Excuse me . 4 MR . KOLODZINSKI : Well , when you 5 stated your name -- 6 MR . PHILIPCHUCK: I stated my 7 business address . 8 MR . KOLODZINSKI : Well , that ' s not 9 what you were asked to do . 10 MR . PHILIPCHUCK: I wasn ' t asked . I 11 stated my business address . 12 When I addressed this Board, I 13 said I was an attorney -- 14 MR. KOLODZINSKI : Do we have -- 15 MR. PHILIPCHUCK: -- and my offices 16 are at -- 17 MR. KOLODZINSKI : Do we have -- 18 MAYOR PROCHASKA: All right . One at 19 a time . 20 MR . KOLODZINSKI : Do we have a 21 separate set of rules? 22 MAYOR PROCHASKA: No . You asked him 23 a question, let him answer the question . 24 MR . KOLODZINSKI : Okay . Do you live Depo Court Reporting Service (630) 983-0030 105 1 in the City of Yorkville? 2 MR. PHILIPCHUCK: I don ' t know what 3 that is germane to . 4 MR . KOLODZINSKI : Do you live in the 5 City of Yorkville? Because yesterday you stated 6 that you did . 7 MR . PHILIPCHUCK: Well , then if I 8 stated I did yesterday, that hasn ' t changed 9 because I didn ' t move last night . 10 MR . KOLODZINSKI : Okay . I guess we 11 can see what we ' re dealing with here exactly . 12 By the way, do we have a health 13 department in Yorkville? 14 MAYOR PROCHASKA: It ' s a county 15 health department . 16 MR. KOLODZINSKI : It ' s a county 17 health department . That would be a little in 18 conflict with what ' s going to take place , the 19 people you identify we ' re going to ask to help 20 us . Okay . Next question, Jason . I ' d like to -- 21 You wanted to have the ability to speak here . 22 Can somebody cite me what the 23 odor ordinance was that was brought up yesterday? 24 I couldn ' t find it on the web site . There is Depo Court Reporting Service(630) 983-0030 106 1 none . So either somebody is lying to me 2 yesterday or they are going to lie to me today . 3 So if anyone on the Council 4 would recite that to me, I would love to hear it . 5 MAYOR PROCHASKA: And I believe 6 that, Travis , there is something in the zoning 7 that deals with odors . 8 MR. KOLODZINSKI : There is nothing 9 in the zoning . 10 MAYOR PROCHASKA: Under the 11 Manufacturing M-1? It ' s not in there? 12 Noxious -- noxious odors? 13 MR. KOLODZINSKI : Actually it was -- 14 With all due respect , Mayor, it was you and the 15 Chairman who was reading somewhere that it was 16 residential or manufacturing as proved by the 17 transcript . 18 MAYOR PROCHASKA: It would be -- if 19 it was my -- well , in manufacturing, there is 20 sound and there is -- 21 MR . MILLER: There is a sound -- 22 MR. KOLODZINSKI : Shouldn ' t we know 23 that before we take a vote on these items ? 24 MR. PRICE : The answer is two-fold, Depo CourtReporting Service (630) 983-0030 107 1 sir . The adopted codes in the City of Yorkville 2 do, in fact , have odor regulations in them, the 3 International Property Maintenance Code, for 4 example, and then when it comes to things like 5 the current operation on the Hamann property and 6 whether it ' s the County or the City or anybody 7 else that posts the landfill regulations imposed 8 there at state level, they set the standards and 9 enforce them, so those standards -- in terms of 10 the particular odor, a particular question on 11 odor control in the City of Yorkville are found 12 in building codes , International Property 13 Maintenance adopted by the City of Yorkville , so 14 you have find the actual code . That ' s like 15 asking where is electrical safety in the City of 16 Yorkville -- 17 MR . KOLODZINSKI : We were told there 18 is an ordinance yesterday . 19 MR. PRICE : Yes . The Illinois 20 Property Maintenance Code is the ordinance that 21 imposes the standard that then is imposed on the 22 City. 23 MR. KOLODZINSKI : Don ' t run away . 24 I ' ve got a question for you as long as you are Depo Court Reporting Service(630) 983-0030 108 1 up . 2 Yesterday, from what I 3 understand, you are counsel for all the people of 4 Yorkville; is that correct? 5 MR. PRICE : Right . 6 MR. KOLODZINSKI : So , in essence , we 7 pay the bills for Yorkville, we pay your salary 8 through the City, correct? 9 MR. PRICE : I bill the City, that ' s 10 true . 11 MR. KOLODZINSKI : Is that common 12 for -- after meeting with people that -- I guess 13 you had a pretty lengthy conversation with the 14 North Star people outside yesterday after the 15 meeting adjourned . 16 Is that kind of common when you 17 represent us ? 18 MR. PRICE : I am a Plan 19 Commissioner -- 20 MR. KOLODZINSKI : Okay . 21 MR . PRICE : -- and I am a municipal 22 lawyer . That ' s what I do . 23 I see Mr . Philipchuck in at 24 least seven different municipalities . I have Depo Court Reporting Service (630) 983-0030 109 1 known John for a long time . He and I sat down, 2 for example , at the Oswegoland Park District , 3 where I represent the park district , he 4 represents a home builder, we ' re ironing out a 5 park issue . We have lots of things to talk 6 about , so I understand your concern about bias -- 7 MR . KOLODZINSKI : We ought to be in 8 your best interest then . 9 MR . PRICE : Can I finish? 10 MR . KOLODZINSKI : Sure . 11 MR . PRICE : I understand you are 12 concerned about bias . My whole role in all of 13 this is that if the City zones this -- adopts 14 this land, takes control of the process , is to 15 find and make sure that the public has their say . 16 There are many ways for you to 17 be informed about what ' s going on and for you to 18 have your say and to find ways for you to have an 19 input to these people when they are judges and 20 can ' t talk to you outside of the hearing process . 21 That ' s my whole job, is simply 22 to navigate for a process they are not used to 23 seeing, nobody is used to seeing . 24 I am just a municipal lawyer . Depo Court Reporting Service (630) 983-0030 110 1 MR. KOLODZINSKI : For the record, I 2 didn ' t mention bias . 3 MR . PRICE : Well , that ' s the 4 implication from the question that asks why I ' m 5 talking to Mr . Philipchuck on the way to his car , 6 which is two over from mine, so . . . 7 MR. KOLODZINSKI : Does anybody know 8 the ramifications of a landfill as opposed to 9 real estate value in the first year and decline 10 in the first year? Can I open that up , anybody? 11 MAYOR PROCHASKA: Well, you know, 12 can we -- This is fine, and I -- this discussion . 13 Right now we are looking at annexation and zoning 14 of a piece of property that is coming in to be 15 zoned as B-3 at the corner . 16 I mean, we ' re not even on that 17 particular piece of property. I mean, that will 18 be discussed. I ' d like to move it through and 19 talk about the particular piece of property that 20 we are dealing with right here . 21 MR. KOLODZINSKI : Then it would be 22 my recommendation that there be no vote taken 23 until we have clarity on what that property is 24 going to include because you can ' t vote on Depo Court Reporting Service (630) 983-0030 111 1 something that you don ' t have an ordinance for, 2 you don ' t understand, you don ' t have a health 3 department, and surely you wouldn ' t want to throw 4 the baby out with the bath water . 5 MAYOR PROCHASKA: Okay . Thank you . 6 Is there someone else that would like to speak on 7 this piece of property? Is there -- yes , ma ' am. 8 MS . GILBERT : JoAnn Gilbert . I 9 would like to ask about the odor . I ' m sorry, I 10 am regressing . But once this rezoning and all 11 this takes place, the City takes over, when those 12 of us that are County call about the odor in the 13 City from the landfill or from the compost , will 14 you do anything when the County people call? 15 MAYOR PROCHASKA: Okay . This has 16 again nothing to do with this particular piece of 17 property -- 18 MS . GILBERT : I understand . 19 MAYOR PROCHASKA: -- being annexed, 20 and the City will take all calls . 21 MS . GILBERT : See , we are nervous . 22 This is our -- These are our homes . 23 MAYOR PROCHASKA: I understand . 24 MS . GILBERT : All right . Depo Court Reporting Service(630) 983-0030 112 1 MAYOR PROCHASKA: Thank you . 2 MS . GILBERT : That ' s why we ' re all 3 upset . 4 MAYOR PROCHASKA: Is there anyone 5 that would like to speak on this piece of 6 property and this particular annexation? Yes . 7 WHEREUPON : 8 CAROL SHEELEY, 9 testified before the Yorkville Plan Commission as 10 follows : 11 MS . SHEELEY : Carol Sheeley, 38 12 Acorn Lane, and most of what I know about what ' s 13 proposed to happen is what I read in the paper, 14 and I ' m sure that ' s the same for a lot of us , so 15 I wonder if you could clarify something for me 16 that I saw in the local paper last Thursday, and 17 I believe the reporter was talking with you, Art , 18 referring to whether this was a speeded-up 19 process , and her question was wasn ' t this being 20 speeded up because Mr . Hamann had threatened to 21 take his petition to the County if his property 22 is not annexed by the end of this month . 23 Is that -- Could you confirm or 24 deny whether that ' s -- Dego Court Reporting Service (630) 983-0030 113 1 MAYOR PROCHASKA: I don ' t believe I 2 was ever asked that specific question . I was 3 asked if this is considered a speeded-up process , 4 and I did say yes , it was , but I was never asked 5 that particular question . 6 MS . SHEELEY : Just drop down a 7 couple paragraphs , right below that -- 8 MAYOR PROCHASKA: Okay . 9 MS . SHEELEY : -- and it indicated 10 that that was the case, and I thought your 11 indication was that that was true . It was in the 12 paper . 13 And I would hate to think that 14 any government body, whether it ' s City, County or 15 whatever, would listen to what amounts to a 16 threat . 17 MAYOR PROCHASKA: All annexations 18 need to be taken upon their own merit , and this 19 Council will decide that for each and every 20 parcel . 21 I have full confidence in this 22 Council, regardless of how they vote, that they 23 will vote on each property based on its own 24 merit , and that ' s all I can tell you . Depo Court Reporting Service(630) 983-0030 114 1 MS . SHEELEY : Okay . I would ask you 2 to stall that vote and see what happens . It ' s 3 only four more days left in September, right? So 4 see what happens if you table it or take your 5 time, whether or not there was a threat . 6 MAYOR PROCHASKA: Thank you . Anyone 7 else? Yes , ma ' am. 8 WHEREUPON : 9 VERNA HALSEY, 10 testified before the Yorkville City Council as 11 follows : 12 MS . HALSEY : My name is Verna 13 Halsey . I live at 2047 Bernadette Lane in 14 unincorporated Yorkville . 15 Like most of the people 16 probably in this room, I want like to encourage 17 the Council members to vote against this as a 18 property, as well as all of the others for 19 annexation . 20 Just like everybody else in the 21 room, I don ' t want to see my quality of life 22 deteriorate and I don ' t want to see my property 23 values decline . 24 I am not anxious to see the Depo Court Reporting Service (630) 983-0030 115 1 kind of housing developments that are being 2 approved in Yorkville being approved out where we 3 expected estate zoning from the County . That was 4 what was in the plan when we moved here , and most 5 certainly would like to see that continue . 6 And I also -- Just because I 7 know it keeps coming up, I would like to say that 8 I think you insult the intelligence of this fine 9 group of people when you keep telling us that 10 this has nothing to do with the Hamann proposal 11 for a landfill . I for one -- 12 (Applause) 13 MS . HALSEY : I for one don ' t like 14 that . 15 MAYOR PROCHASKA: Actually, ma ' am, I 16 don ' t think I have ever said that . In fact, I ' ve 17 said that I -- and not speaking for the rest of 1B the Council -- that we are looking to get the 19 property under the City ' s thrown . 20 But the purpose this evening 21 and the discussion this evening is the annexation 22 and zoning of those properties , so . . . 23 Is there anyone else that would 24 like to speak on this particular piece of Depo Court Reporting Service (630) 983-0030 116 1 property? 2 Ma ' am, would you like to come 3 forward? 4 WHEREUPON : 5 LAURIE PATTEN, 6 testified before the Yorkville City Council as 7 follows : 8 MS . PATTEN : My name is Laurie 9 Patten, and I live in the Riverside Subdivision . 10 And you keep saying about this 11 is the rezoning or the annexation, but if we 12 don ' t voice our opinion now and the vote goes 13 through as yes , what recourse or any public 14 forum -- do we have any say in terms of B-3 , it ' s 15 going to be a landfill, it ' s going to be anything 16 after you approve the annexation? That ' s why 17 we ' re here . So -- Do you know what I ' m saying? 18 MAYOR PROCHASKA: I would like our 19 attorney, do you want to speak to that? 20 MR. PRICE : In terms of the zoning 21 that ' s being determined this evening, that ' s part 22 of the annexation agreement, so this is your 23 opportunity to speak on the zoning . 24 When it comes to the landfill , Depo Court Reporting Service (630) 983-0030 117 1 local zoning is preempted by the state statute , 2 so zoning doesn ' t matter in a broader sense and 3 in a particular sense as well . 4 There are some things about 5 residential zoning, but those really aren ' t 6 applicable here . 7 Then in terms of your access to 8 the proceedings , if and when Mr . Hamann or the 9 Fox Moraine people file an application with 10 whoever, whether it ' s the County or the City, 11 whoever takes control of it , and the same goes 12 for the one down 47 , the so-called Harbor 13 landfill , when that application is filed, it 14 starts an entire process . 15 There is 90 days where 16 everybody gets to examine the application and 17 then there is a serious of hearings , all of which 18 leads to a decision, and if a decision isn ' t 19 rendered 180 days from when it ' s filed, the state 20 law is that it ' s deemed approved . 21 So everybody, of course , wants 22 to get a shot at voting yes , no , or yes with 23 conditions . That ' s typically how it happens . 24 Therefore , there are public Depo Court Reporting Service (630) 983-0030 118 1 hearings that start on Day 91 , and if you look at 2 the siting ordinance , I know everybody is trying 3 to get up to speed on the process . 4 If you go to the County ' s web 5 site or you go to Yorkville ' s web site , that ' s 6 one of the things that we are refining tonight on 7 the agenda anyway, that sets out a process for 8 how you can be involved, how the hearings get 9 conducted, how you submit written statements , how 10 you can contact people, because whoever is going 11 to hear the decision on the application, whether 12 it ' s the County Board or the Aldermen, the day 13 it ' s final they become judges , and just like you 14 can ' t go and talk to a judge at church or in a 15 supermarket or anywhere else about a case that ' s 16 before the judge, you can ' t talk to the people 17 you are used to talking to your entire lives 18 about stuff in the City, have to act as judges . 19 So Staff, among other people -- 20 and that ' s sort of my job, is to give you places 21 to input to Staff and then to have input of your 22 own to be part of the process . So that ' s how 23 this works . You will have many opportunities for 24 a say . Depo Court Reporting Service (630) 983-0030 119 1 And then once the hearings are 2 done , there has to be a mandatory 30-day period 3 where you can submit all sorts of written 4 comment, any kind of written comment, all of 5 which is then forwarded to these people before 6 they make a decision . 7 MS . PATTEN : Thanks . I just wanted 8 to address the Council up here . I don ' t know the 9 regulations for a garbage dump or landfill 10 between areas , if there is one here , there is one 11 50 miles down the way, and this seems to be 12 rushed through so quickly . 13 Is there any knowledge of 14 anyone up there , do you guys have any knowledge 15 of any other petitions or any other developers 16 who may be within a 30-mile range that have 17 applied for permits for dumps or sites that are 18 outside of Yorkville? 19 I mean, is it first come , first 20 serve, whoever gets to the finish line wins , gets 21 a permit? 22 MAYOR PROCHASKA: As far as I know, 23 at this point in time -- and I look to the County 24 people -- I don ' t know of any petitions that have Depo Court Reporting Service (630) 983-0030 120 1 been filed. 2 MS . PATTEN : So that ' s -- Okay . So 3 there ' s -- 4 MAYOR PROCHASKA: Derke? 5 MR . PRICE : And to answer the 6 question first come, first serve, a need -- one 7 of the nine things is need, and everybody has to 8 show that there is a need for the landfill , for 9 the capacity and all the rest . 10 But we all I think read the 11 newspaper article where there is a possibility of 12 three in Kendall County . And there is no limit . 13 It ' s not first come, first serve . It ' s a 14 function of whether they can show need . 15 And the idea that anybody here 16 is going to say well , I was first even by a 17 couple hours and, therefore, I can ignore what ' s 18 going on elsewhere, is facile . You would expect 19 better, we would expect better . 20 So the fact of the matter is is 21 that there is planning and they ' re serious , 22 everybody needs experts because that ' s who 23 usually testifies on this stuff . 24 They are going to have to Depo CourtReporting Service(630) 983-0030 121 1 account for it , will account for it , and they 2 have to convince whoever it is , the County or the 3 City, that , in fact , there still is a need for 4 whatever else is being planned there . 5 MS . PATTEN : Regarding the 6 regulations and the codes if there was to be a 7 landfill , you said that it was regulated at the 8 state level . 9 If it ' s regulated at the state 10 level , other than millions of dollars to the 11 City, what benefit does it have to give the City 12 control over it ? 13 MR . PRICE : That ' s a good question . 14 The state sets certain standards that the 15 operator has to meet . That ' s what I meant by the 16 state regulation . And they also pull a permit 17 from the EPA, which is conditioned upon faithful 18 performance of those standards . 19 The benefits to the County or 20 to the City are, first , they are the first 21 responders . That ' s who you are going to call 22 when there is a problem. 23 Second, in the host agreement 24 that ' s drafted here, we have an administrative Depo Court Reporting Service (630) 983-0030 122 1 process where immediately there is a way to get 2 action taken by the City, have a hearing, there 3 is money on deposit under our host agreement that 4 could be used to pay a penalty, a fine , if you 5 will, to (A) , make -- let ' s say it ' s a welding 6 plant , somebody ' s well is bad and they think it ' s 7 the fault of the landfill, so they immediately 8 start providing potable water until there is a 9 determination . If it is , solve that , pay the 10 damages . Do that . 11 So local control -- Everybody 12 focuses on the money, you know, the County said 13 we ' ll give you $4 , 000 , 000 , that ' s what they put 14 in the newspaper, but it ' s as important , it ' s the 15 local control that comes in the host agreement as 16 well, it ' s one of the things that ' s up for 17 discussion tonight . 18 So local control gives you two 19 things , one, these folks, or it ' s the County, 20 does the balancing and weighing of the evidence , 21 and then, second, once it ' s in place, you ' ve got 22 to have mechanisms because you ' re not going to 23 call Springfield and wait for them to come up 24 here or send somebody from the Chicago office, Depo Court Reporting Service (630) 983-0030 123 1 you want immediate action, and so we try and set 2 up a framework where the people who you can trust 3 can take that immediate action . 4 MS . PATTEN : I guess if this does go 5 through, I would propose -- First of all, I would 6 vote no , but if it does go through, if there 7 could be some sort of committee or something 8 that ' s held accountable because listening to 9 these people here and their complaints about the 10 odor and the smell , it doesn ' t seem like there is 11 anything being done, and that ' s just a landfill 12 over there, so let alone a garbage dump . 13 That ' s -- you know, I would hope that would be 14 taken into consideration . 15 Thanks . 16 MAYOR PROCHASKA: All right . Is 17 there any other discussion before we move on to 18 the next parcel? 19 (No response) 20 MAYOR PROCHASKA: I don ' t see any 21 hands . Does anybody on the Council at this time 22 or any more comments ? 23 (No Response) 24 MAYOR PROCHASKA: Then I would Depo Court Reporting Service (630) 983-0030 124 1 entertain a motion to close this portion of the 2 public hearing . 3 MR . BESCO : So moved . 4 MS . BURD : Second . 5 MAYOR PROCHASKA: Moved and 6 seconded . May I have roll call , please? 7 MS . MILSCHEWSKI : Munns . 8 MR . MUNNS : Aye . 9 MS . MILSCHEWSKI : James . 10 MR . JAMES : Aye . 11 MS . MILSCHEWSKI : Wolfer . 12 MR . WOLFER: Aye . 13 MS . MILSCHEWSKI : Leslie . 14 MR . LESLIE : Aye . 15 MS . MILSCHEWSKI : Besco . 16 MR . BESCO : Aye . 17 MS . MILSCHEWSKI : Bock . 18 MR . BOCK : Aye . 19 MS . MILSCHEWSKI : Spears . 20 MS . SPEARS : Aye . 21 MS . MILSCHEWSKI : Burd . 22 MS . BURD: Aye . 23 MAYOR PROCHASKA: Motion is carried . 24 Next I would entertain a motion Depo Court Reporting Service (630) 983-0030 125 1 to go into public hearing for the purpose of 2 discussing PC 2006-45 , Eric and Diane Schanze , 3 petitioners , have filed an application with the 4 United City of Yorkville, Kendall County, 5 Illinois, requesting annexation of the -- to the 6 United City of Yorkville and rezoning from 7 Kendall County A-1 Agricultural District to R-3 8 One-Family Residence -- and one -- and R-3 9 One-Family Residence District , to United City of 10 Yorkville, M-1 Limited Manufacturing District, I1 B-3 Service Business District, and R-2 One-Family 12 Residence District , and for hearing as to the 13 annexation agreement of the petitioner . 14 The real property consists of 15 approximately 80 acres located on Highpoint Road 16 and State Route 71 in Kendall County, Illinois . 17 And is there someone to speak? 18 MR. PICCONY : Yes . 19 MAYOR PROCHASKA: I ' m sorry . Do I 20 have a motion? 21 MR. BOCK : So moved . 22 MR. JAMES : Second. 23 MAYOR PROCHASKA: Moved and 24 seconded. May I have roll call, please? Depo Court Reporting Service (630) 983-0030 126 1 MS . MILSCHEWSKI : Munns . 2 MR. MUNNS : Aye . 3 MS . MILSCHEWSKI : James . 4 MR. JAMES : Aye . 5 MS . MILSCHEWSKI : Wolfer . 6 MR . WOL FER : Aye . 7 MS . MILSCHEWSKI : Leslie . 8 MR . LESLIE : Aye . 9 MS . MILSCHEWSKI : Besco . 10 MR . BESCO : Aye . 11 MS . MILSCHEWSKI : Bock . 12 MR . BOCK : Aye . 13 MS . MILSCHEWSKI : Spears . 14 MS . SPEARS : Aye . 15 MS . MILSCHEWSKI : Burd . 16 MS . BURD : Aye . 17 MAYOR PROCHASKA: Motion is carried . 18 We are in public hearing . Now, sir, if you would 19 state your name . 20 WHEREUPON : 21 GARY PICCONY, 22 testified before the Yorkville City Council as 23 follows : 24 MR. PICCONY : Mr . Mayor, Council Depo Court Reporting Service (630) 983-0030 127 1 members , citizens , good evening . My name is Gary 2 Piccony . I am an attorney with offices at 1700 3 North Farnsworth in Aurora, Illinois . 4 I am the attorney for Eric and 5 Diane Schanze in connection with this parcel that 6 we ask be annexed into the City of Yorkville and 7 that we ask for an M-1 zoning with an underlying 8 B-3 zoning . 9 This parcel is contiguous to 10 the preceding parcel that was subject to the 11 hearing . The larger M-1 , B-3 parcel consists of 12 a little over 83 acres . It ' s located at the 13 corner of Highpoint Road and Route 71 . 14 The proposed Prairie Parkway 15 would pass along the westerly boundary of this 16 property, and it ' s also anticipated that part of 17 this property would be taken for an exit off the 18 Parkway onto Route 71 . 19 The zonings requested is 20 consistent with your Comprehensive Plan, and we 21 believe that the M-1-B zoning would be a 22 substantial benefit both to the City of 23 Aurora ( sic) and, quite frankly, also to my 24 clients , the Schanzes . So that we ask that you Depo Court Reporting Service (630) 983-0030 128 1 annex this property into the City . 2 MAYOR PROCHASKA: Travis , do you 3 have any reports from Staff? 4 MR. MILLER: Just state the Plan 5 Commission did have a public hearing conducted on 6 September 25th, last night . 7 Their recommendation, seven 8 yes , zero voted against , a recommendation to -- 9 in favor of the annexation . It was unanimously 10 in favor for the annexation . 11 The zoning was a vote of one 12 yes , six no , so a recommendation was not moved 13 forward for a -- for the rezoning request , that 14 rezoning request being predominantly one as 15 stated by the petitioner, and again, this was -- 16 this did have an attachment to the Staff report 17 that included the zoning depiction . The majority 18 of the property, approximately 80 acres , is being 19 requested for an M-1 zoning classification and 20 underlying B-3 zoning . The northeast portion of 21 the property is requested for an R-2 22 subclassification, it ' s currently residentially 23 zoned, and those requests, those zoning requests , 24 are consistent with the recommendations of the Depo Court Reporting Service (630) 983-0030 129 1 Comprehensive Plan map for the area, 2 predominantly because of the location of the 3 Prairie Parkway as stated by the petitioner, 4 going to the property . 5 MAYOR PROCHASKA: Okay . At this 6 time I would open up the floor to anyone that 7 would like to come forward and give testimony on 8 this particular piece of property . Ma ' am . 9 MS . GILBERT : JoAnn Gilbert , 8730 10 East Highpoint . 11 I don ' t understand this M, M-1 12 manufacturing . There is no manufacturing in the 13 area out there . Why would you rezone it 14 manufacturing? 15 MAYOR PROCHASKA: Travis , do you 16 want to take that? 17 MR . MILLER : To just address that , 18 the Comprehensive Plan does recommend 19 office/research/industrial land use for the area 20 that ' s being requested for an M-1 zoning 21 classification . 22 The M-1 zoning classification 23 would allow for those land uses and permit those 24 land uses to occur, so, therefore -- Depo Court Reporting Service (630) 983-0030 130 1 MS . GILBERT : Who decided M-1 , the 2 City? 3 MR. MILLER: This petition was made 4 by the -- by the petitioner . 5 MS . GILBERT : Petitioners? 6 MR. MILLER: But the M-1 zoning 7 classification that ' s being requested is 8 consistent with the recommendation of the 9 Comprehensive Plan, so the City, in preparation 10 and approval of the Comprehensive Plan, 11 recommended that as a future land use . 12 This petitioner is requesting 13 that as a zoning classification for the property . 14 MS . GILBERT : What does the 15 Comprehensive Plan think M-1 type manufacturing 16 would be? 17 I mean, are we going to have 18 smokestacks , too? 19 MR. MILLER: Typically M-1 -- 20 Basically two types of manufacturing zonings in 21 the existing City zoning ordinance . 22 The numbers represent the 23 intensity of the permitted uses . The higher -- 24 generally the higher number, the more intense the Depo Court Reporting Service (630) 983-0030 131 1 use . 2 M-1 zoning classification and 3 permitted uses listed within that include light 4 industrial uses , warehousing uses and light 5 manufacturing uses . 6 Those were deemed appropriate 7 by the Comprehensive Plan, again, due to the 8 proximity of this land with the proposed 9 alignment of the Prairie Parkway, and the planned 10 interchange with State Route 71 and the Prairie I1 Parkway . 12 MS . GILBERT : Why would you put M-1 13 in a residential area? 14 MR . MILLER : The Comprehensive Plan 15 shows -- 16 MS . GILBERT : I ' m not talking 17 comprehensive plans . We are residential out 18 there . There is no manufacturing . 19 MR. MILLER: The Comprehensive Plan 20 anticipates future development, and given the 21 interchange and proximity to a four-lane highway, 22 the proposed land use of that plan is most very 23 likely the suggested zoning classifications which 24 the petitioner is asking for, so it ' s based on a Depo Court Reporting Service (630) 983-0030 132 1 future alignment with a highway, which the State 2 of Illinois is moving forward with engineering 3 and will be constructing upon funding being 4 available . 5 As I stated at the public 6 hearing last night, there is a public hearing 7 scheduled in December where the state will be 8 presenting those plans in more detail , but 9 that -- the alignment that ' s shown at the back of 10 the room and shown on our Comprehensive Plan, at 11 the time that was prepared, it was a preliminary 12 alignment . 13 The engineered alignment is 14 still consistent with what ' s shown on that plan , 15 but the proposed alignment is slightly west of 16 the conceptual language from the map, but it does 17 still coincide with this property and makes the 18 proposed land use still appropriate . 19 MS . GILBERT : What about all the 20 pipe lines that go through that property? 21 MR. MILLER: There are some 22 underground gas lines -- 23 MS . GILBERT : A lot of them. 24 MR . MILLER: That ' s something that ' s Depo Court Reporting Service (630) 983-0030 133 1 protected by easement in terms of developing on 2 top of by the utility company, and they 3 wouldn ' t -- any development plan proposed would 4 have to stay out of those easements , so any 5 building being decided, any structures located on 6 the property would have to adhere to , be guided 7 by, the location of those pre-existing utilities , 8 unless , of course, those utility companies choose 9 to relocate those, but given the size and 10 intensity of that , that ' s probably not a likely 11 option, but certainly a potential . 12 MS . GILBERT : What kind of easement 13 does the pipeline have? 14 MR . MILLER: I don ' t know the 15 specifics of the easement . Is there a -- It ' s 16 generally determined by the width necessary to 17 protect in the event that the pipeline would need 18 to be repaired or replaced . 19 MS . GILBERT : And you are talking 20 about putting manufacturing out there over by the 21 pipelines? It goes right between number four and 22 number five on here . 23 MR . MILLER: Again, we are speaking 24 of 80 acres of land . Dew Court Reporting Service (630) 983-0030 134 1 MS . GILBERT : I know . And you ' re 2 going to squeeze a pipeline and manufacturing in 3 there, plus the garbage dump . 4 MAYOR PROCHASKA: Yes, sir . 5 MR . MUELLER: I have a question for 6 possibly not the Board, but -- is I understand it 7 that -- 8 MR . LESLIE : State your name . 9 MR . MUELLER : I ' m sorry . Robert 10 Mueller, 581 Kelly Avenue, Yorkville . 11 At a local authority or level , 12 we talked about jurisdiction, we talked about 13 whatever is going to be proposed, the petition on 14 this particular property, goes to a petition, and 15 if the members vote yes and vote yes for 16 commercial M-1 , the petition comes to the Board 17 for whatever property that they may propose to be 18 put onto this land . 19 I was asking does the Board or 20 the City of Yorkville have the authority to adopt 21 special ordinances before any petition of land 22 would be put on, and which, for instance, I ' ll 23 give an example like the City of Long Beach . 24 California makes -- has a state Depo Court Reporting Service (630) 983-0030 135 1 mandated EPA, they have all requirements , but yet 2 Long Beach has superimposed some additional 3 ordinances at a local authority. 4 Would that be the true 5 statement of Yorkville if we, the City of 6 Yorkville, have the ultimate annexed land 7 control , would it be -- the Boards have the 8 authority to add some like additional ordinances 9 above and beyond the County level? 10 MAYOR PROCHASKA: I guess the 11 attorney would answer to that . I have my 12 thoughts , but obviously we ' ll let the attorney 13 give you his . 14 MR . PRICE : In Illinois the rule for 15 a non-Home Rule Unit like the City of Yorkville 16 and a non-Home Rule Unit like the County of 17 Kendall is that we only have the powers the state 18 gives us . 19 If you remember 8th grade 20 civics , the federal government only has what the 21 Constitution gives them, everything else is the 22 state ' s . 23 MR. MUELLER: Right . 24 MR. PRICE : The states turned around Depo Court Reporting Service (630) 983-0030 136 1 to the counties or municipalities and said we 2 have everything and you only have what we dribble 3 out to you . 4 They have not given us the 5 powers to super-regulate pollution control 6 facilities . They have set certain standards . 7 To the extent that we want to 8 gain more standards to do that , that ' s some of 9 the stuff we have tucked into the host agreement 10 where we feel we are empowered to do that , but 11 the fact of the matter is the Environmental 12 Protection Agency of the State of Illinois has 13 said we are going to regulate the set of 14 standards for this , that ' s what you have got to 15 meet and prove and show, and that ' s what you have 16 to obey or we ' re going to yank your permit , so -- 17 MR . MUELLER: Besides the fact of -- 18 I should have not used the word EPA. Let ' s use 19 the example of there is a county regulation that 20 requires , for instance, no buildings or permanent 21 structure shall be ten foot from an electrical 22 utility underground; however, the City of 23 Yorkville could dictate that it must be 40 foot . 24 Is that a special ordinance? Depo CourtReporting Service (630) 983-0030 137 1 MR . PRICE : Well , our building codes 2 would apply to the structures that they build -- 3 MR. MUELLER: Correct . 4 MR . PRICE : -- so that all would be 5 part of the deal . 6 In terms of adding to that kind 7 of thing, yeah, annexation agreements can contain 8 those terms . Annexation agreements can have 9 anything in them. 10 MR. MUELLER: Right . That ' s what 11 I ' m saying . The annexation agreement -- I am not 12 that familiar with the Comprehensive Plan in 13 detail . 14 I was asking the question are 15 there any additional provisions or local 16 authority enhancements that we have versus the 17 County . 18 MR. PRICE : No . 19 MR . MUELLER : Thank you . 20 MAYOR PROCHASKA: And to your 21 question, I think you ' d have to look at specific 22 ordinances and specific items to see which ones 23 you are talking about because -- 24 MR . PRICE : Yeah . I remember -- Depo Court Reporting Service(630) 983-0030 138 1 just taking the power question . We don ' t have 2 more power than the County . 3 MAYOR PROCHASKA: No, we don ' t have 4 more power . I think it ' s whatever the state 5 tells us we each have jurisdiction over . 6 MR . PRICE : Right . The one thing we 7 do have is an annexation agreement, which can set 8 certain terms of annexation, because that ' s -- we 9 don ' t have that and, you know, they don ' t have to 10 come to us, considered arm ' s length, so we have 11 that advantage over the County, but in terms of 12 the power to do things , we are in the same boat 13 as the County . 14 MR . MUELLER: I was trying to say 15 that advantage . 16 MAYOR PROCHASKA: Thank you . Is 17 there someone else? Yes , ma ' am. Please come 18 forward. 19 WHEREUPON : 20 MARY CARLSON, 21 testified before the Yorkville City Council as 22 follows : 23 MS . CARLSON : Hi . Mary Carlson, 511 24 Highpoint . Depo CourtReporting Service (630) 983-0030 139 1 We just moved to Yorkville two 2 months ago . This is almost surreal . I cannot 3 believe my husband and I are in a situation 4 coming from LaGrange, Countryside to this 5 beautiful town of Yorkville . 6 Yesterday the attorney, as I 7 was stating my concern, told me that that was my 8 realtor ' s fault for putting me in Yorkville . 9 This is what comments are being 10 made to people that are living in Yorkville as a 11 community that they want to live in . 12 My husband is at the door . We 13 are prepared to put our house up for sale 14 tomorrow . You are going to lose residents . 15 Question to the Board -- and I 16 want an answer -- what are your plans? Are you 17 looking for commercial or are you looking for 18 residents ? Question . Anybody? 19 MAYOR PROCHASKA: Would anybody else 20 like it? I can answer . 21 MS . CARLSON : Please . 22 MAYOR PROCHASKA: We look for a 23 balance of both . As far as residential, one of 24 the things that we have been -- have talked about Depo Court Reporting Service (630) 983-0030 140 1 in this community by the people who live here is 2 that it seems like the balance has been the other 3 way, we have an overly large balance of 4 residential coming in and not as much of the 5 commercial balance, and there has been a decision 6 to look -- or a request to look for commercial -- 7 MS . CARLSON : Okay. 8 MAYOR PROCHASKA: -- to balance out 9 things for the schools and such, and by doing 10 that -- 11 MS . CARLSON : We are re -- 12 MAYOR PROCHASKA: -- you look at the 13 Comprehensive Plan . 14 MS . CARLSON : Okay . We are retired . 15 We bring no problems to your school district . 16 People that are coming -- we are with our 17 neighbor, who also moved here three months ago . 18 They are retired. 19 You are drawing retired people 20 that are not going to stress your school 21 district . 22 We ' re not -- What you are going 23 to be bringing to your community are a class of 24 people that are not what you want to pay your Depo Court Reporting Service (630) 983-0030 141 1 taxes . That ' s what I 'm trying to tell you . 2 Is this what you want ? 3 Because, believe me, even the dream of a landfill 4 is driving people away. 5 I am talking people that work 6 in Burr Ridge . They are aware of what is 7 happening in your little town . It ' s -- It ' s 8 unbelievable . 9 MAYOR PROCHASKA: Okay . Understand 10 that that petition can be done whether or not the 11 annexations go through . 12 MS . CARLSON : Okay . I am going to 13 address that also . Okay . 14 The attorney is telling us we 15 don ' t want the State of Illinois involved, yet 16 every comment that he has made is that the State 17 of Illinois will be controlling every issue 18 that ' s being drawn to you . They are going to 19 control our odor . 20 Why don ' t we want them 21 involved? Why do we not want this to go to the 22 State of Illinois? 23 MAYOR PROCHASKA: The State of 24 Illinois regulates it regardless of whether it ' s Depo Court Reporting Service (630) 983-0030 142 1 in the County or the City . That -- You are 2 confusing the City and the County. 3 MS . CARLSON : Okay. 4 MAYOR PROCHASKA: All right . As far 5 as that goes . And, again, an application can be 6 made to the County or to the City, either one . 7 MS . CARLSON : Okay. Did he not 8 state that we do not want -- we don ' t want the 9 rigmarole of the State of Illinois messing with 10 us . Was that not his comment? 11 MAYOR PROCHASKA: Derke? 12 MR. PRICE : No, ma ' am. You are 13 misstating . That ' s not my comment . 14 MS . CARLSON : Okay . 15 MR. PRICE : My comment is if you 16 want to exercise local control, the County wants 17 to do it , they have to run a fair process . If we 18 want to do it , the City has to run a fair 19 process , and, if you don ' t, then the State of 20 Illinois takes it away from you and they impose 21 it without possibly the conditions . 22 I think the County would agree 23 the most frequent way these things get approved 24 is approved with conditions . Depo Court Reporting Service (630) 983-0030 143 1 But if you don ' t run a fair 2 process , they can go challenge the conditions and 3 get a landfill and also none of the benefit . 4 The host benefit agreement that 5 includes the fees and other sorts of agreements 6 about traffic and all the rest goes away if it ' s 7 not a fair process . 8 So if you want to have a real 9 voice and say whether it ' s the County or the 10 City, you need to run a fair process , and you 11 need to do it in a way that ' s reasonable , even if 12 it ' s saying no . 13 If you want your no vote to 14 mean something, it has to be done in a fair way; 15 otherwise they can go to the State and the State 16 says we ' ll take it out of your hands . That ' s 17 what I mean about local control . 18 Standards are set by the State 19 of Illinois and we try to supplement those as 20 much as possible . 21 But in terms of local control , 22 the best way to get local control is through the 23 host condition -- the host agreements and, for 24 example, Kendall County mandates that you impose Depo Court Reporting Service (630) 983-0030 144 1 conditions , you get those, and you run a fair 2 process so that whatever you decide , whether it ' s 3 no or with conditions or yes , actually has 4 meaning and is bulletproof from being changed by 5 people in Springfield. 6 You are complaining about 7 people on the -- I ' ve heard complaints tonight 8 about people in the City of Yorkville are too far 9 away from you folks in rural Kendall . 10 Do you really want people down 11 in Springfield -- 12 MS . CARLSON : I am in the City of 13 Yorkville . I am a resident of Yorkville . I 14 don ' t know what ' s worse , not being or being one . 15 I really don ' t . I mean, we are so new here, I 16 don ' t know what ' s worse, that they don ' t have any 17 say or that I didn ' t get to vote for you people . 18 I mean, truly . We are all in the same boat . I 19 just -- I really need to hear . 20 So you are telling me as a 21 resident , you are really more -- you are going to 22 invite more commercial than you are going to make 23 it nice for people to retire in Yorkville ? 24 MAYOR PROCHASKA: No , I ' m not saying Depo Court Reporting Service (630) 983-0030 145 1 that . 2 MS . CARLSON : Okay. ' What -- where 3 are we going? Truly, I am brand new . What do 4 you foresee in the next five years ? 5 MAYOR PROCHASKA: There ' s going to 6 be -- hopefully a balance of both . We ' ve seen 7 both residential growth and commercial growth in 8 the City of Yorkville, so we ' ve seen both of 9 those things happening . 10 And, again, as we go through 11 this particular process , this is annexation and 12 zoning for properties into the City, bring them 13 under the control of the City, and if that 14 happens , then any petition for any development of 15 any kind on any of these properties will come 16 before the City of Yorkville . 17 And I would -- I would 18 challenge you that you moved here because I think 19 this Council has done a good job of looking at 20 balancing how things have happened, and this -- 21 and these properties would be just an extension, 22 just as other communities over the years have 23 grown . 24 I mean, if you want to go back Depo Court Reporting Service (630) 983-0030 146 1 180 years ago, there was a little village on the 2 waters of Lake Michigan and that area has grown 3 for the last 180 years and it ' s out here now, and 4 whether, you know, we all like it or not , growth 5 and development has come out to this part of the 6 region, and we are looking to deal with that . 7 So to me it ' s a different 8 issue . I mean, that ' s what happened . 9 MS . CARLSON : Okay. When was the 10 last time there was an annexation of this size in 11 Yorkville? 12 MS . BURD : I think that we just 13 annexed six subdivisions a month or two ago and 14 nobody paid any attention basically . That was a 15 very large annexation that came through . Isn ' t 16 that correct? 17 And so this is actually a 18 smaller annexation compared to what we just did a 19 month ago . 20 MS . CARLSON : And that took how long 21 to annex? I mean, from the time -- 22 MS . BURD : A year I think . I was 23 told a year . 24 MS . CARLSON : Okay. So from the Depo Court Reporting Service (630) 983-0030 147 1 time the citizens heard that you were thinking 2 about it, it took a whole year to get them here . 3 MS . BURD : That ' s right . 4 MS . CARLSON : Now I am hearing 19 5 days? I don ' t understand that . And then I am 6 done . I truly am done . You are going to lose 7 four couples . 8 MAYOR PROCHASKA: The answer to that 9 is that in that particular case, they were all 10 residential developments -- 11 MS . CARLSON : Okay . 12 MAYOR PROCHASKA: -- of which there 13 was a big concern of the people of residential 14 development , and they were being platted and 15 PUD ' d and different agreements all had to be put 16 together . 17 It was not a simple annexation 18 and zoning, as we are looking at these . There 19 were other conditions that were put in to further 20 along the idea that these were developments that 21 were going to add residents to the City, and they 22 actually had plats and preliminary plans and 23 concept plans for development . It was a 24 different situation . Depo Court Reporting Service(630) 983-0030 148 1 MS . CARLSON : So it ' s easier to 2 annex to Yorkville without any idea what you ' re 3 going to do rather than try to come to Yorkville 4 with an absolute plan of what you ' re going to do 5 in this town, is what you ' re telling me? 6 MAYOR PROCHASKA: Not always . 7 Sometimes . 8 MS . CARLSON : Well, but I mean, is 9 that not what you just said? 10 MAYOR PROCHASKA: It can be . 11 MS . CARLSON : If you have everything 12 planned, it ' s going to take a year . If you don ' t 13 have any idea -- I just want to come to -- I want 14 to be part of Yorkville, it just takes 19 days? 15 MAYOR PROCHASKA: It can be and it 16 may not be . 17 MS . CARLSON : Okay. That ' s all the 18 I need . Thank you . 19 MAYOR PROCHASKA: Okay . Is there 20 anyone else that would like to speak on this 21 piece of property? Sir in the back? 22 WHEREUPON : 23 WARREN ROGERS, 24 testified before the Yorkville City Council as Depo Court Reporting Service (630) 983-0030 149 1 follows : 2 MR. ROGERS : My name is Warren 3 Rogers . I own the land adjacent to the east side 4 of this subject property . 5 As I understand it, if the 6 zoning requested by the petitioner is approved, 7 it applies to the entire property . 8 I believe my property and the 9 land further east is planned for residential , so 10 I object to the M-1 and B-3 zoning request . 11 Thank you . 12 MAYOR PROCHASKA: Thank you . Right 13 here, sir . 14 WHEREUPON : 15 JEFF COAN, 16 testified before the Yorkville City Council as 17 follows : 18 MR. COAN : Jeff Coan, 65 Cotswold 19 Drive . 20 I , too, would also object to 21 the M-1 zoning . This is a residential 22 neighborhood right now and, as far as I know, the 23 funding has not passed for the Prairie Parkway . 24 There is no need to change the zoning yet . Depo Court Reporting Service (630) 983-0030 150 1 If the Prairie Parkway does get 2 approved, then you can come back and change it . 3 There is no need for M-1 in this area right now . 4 MAYOR PROCHASKA: Okay . Thank you . 5 (Applause ) 6 MAYOR PROCHASKA: Is there someone 7 else that would like to -- gentleman in the back 8 here . 9 MR . BANKS : My name is Paul Banks . 10 I live at 8190 West Highpoint Road right across 11 from the manufacturing -- proposed manufacturing . 12 I ' ll be looking out of my front 13 window seeing that every day. Would you like to 14 do that? 15 Thank you . 16 MAYOR PROCHASKA: Miss Kramer . 17 MS . KRAMER: I was just wondering, I 18 never got an answer on adopting my questions and 19 the answers to all the public hearings . 20 MAYOR PROCHASKA: Can you come up 21 and speak so I can hear you? You are fading off 22 there . 23 MS . KRAMER: I apologize . I was 24 wondering if I could adopt my questions and Depo Court Reporting Service(630) 983-0030 151 1 answers on the last public hearing to each and 2 every one so I don ' t have to go through and ask 3 them for each and every petitioner . Did 4 Mr . Piccony hear them? 5 MAYOR PROCHASKA: Yes . Travis , do 6 you -- Do you want to respond if they would be 7 the same answers? 8 MR . MILLER : They would be the same , .9 yes . 10 MS . KRAMER : Same? So there is no 11 objection? 12 MAYOR PROCHASKA: Right . 13 MS . KRAMER: Thank you . 14 MAYOR PROCHASKA: Anyone else? Sir? 15 MR. DIETER : Jerry Dieter, rural 16 Yorkville . 17 This 80 acres that we ' re 18 talking about , is there any kind of plan on which 19 part of it is going to be M-1 and which part of 20 it is B-3? Is it all 80 acres ? 21 MAYOR PROCHASKA: The way that the 22 petition is read is that they are asking for the 23 M-1 with a B-3 overlay, which definitely includes 24 the entire property . It would have that zoning, Depo Court Reporting Service (630) 983-0030 152 1 correct? 2 MR . DIETER: Does the County do this 3 normally, where they annex property without any 4 concept plan? Have they done it before? 5 MAYOR PROCHASKA: Has the City? 6 MR . DIETER: The City, yes . 7 MAYOR PROCHASKA: Yes , we have . 8 MR . DIETER : 80 acres? 9 MAYOR PROCHASKA: There ' s -- Yes . 10 MR . DIETER: Because as far as I 11 know, there is no plan for this land. 12 MAYOR PROCHASKA: Based on the 13 Comprehensive Plan and the proposed use of the 14 property, again, that ' s a very important issue as 15 to whether it is falling within the Comprehensive 16 Plan, too , so -- and it is in this particular 17 case . 18 MR . DIETER: The Prairie Parkway is 19 in that plan also, but we are talking six to ten 20 years away at least . That ' s why it kind of seems 21 premature to put this into effect after 20 days . 22 MAYOR PROCHASKA: Well , I would -- 23 MR . DIETER: Let ' s hear it . 24 MAYOR PROCHASKA: Well, I would Depo Court Reporting Service (630) 983-0030 153 1 suggest that from some of the discussion I ' ve had 2 right here , that having that zoned, annexed and 3 zoned, and knowing what it is for anyone else 4 coming in is going to know what it is . I mean, 5 that ' s been the argument, as to -- about the 6 Comprehensive Plan . We have a plan for what that 7 property is going to be used for . 8 MR . DIETER : Does this plan take 9 into effect comments from people of the City of 10 Yorkville or the neighbors of the property? 11 Because I ' d just like to say I 12 haven ' t heard any positives from anybody in the 13 City or rural , just a lot of negatives . 14 MAYOR PROCHASKA: Thank you . 15 Someone else? 16 (No response ) 17 MAYOR PROCHASKA: Any further 18 comment from the Council before we go on to the 19 next property? 20 (No response) 21 MAYOR PROCHASKA: I would entertain 22 a motion to close this public hearing . 23 MR. BESCO: So moved . 24 MS . BURD: Second. Depo Court Reporting Service(630) 983-0030 154 1 MAYOR PROCHASKA: Moved and 2 seconded . May I have roll call, please? 3 MS . MILSCHEWSKI : James . 4 MR . JAMES : Aye . 5 MS . MILSCHEWSKI : Wolfer . 6 MR. WOLFER: Aye . 7 MS . MILSCHEWSKI : Leslie . 8 MR. LESLIE : Aye . 9 MS . MILSCHEWSKI : Besco . 10 MR. BESCO : Aye . 11 MS . MILSCHEWSKI : Bock. 12 MR. BOCK: Aye . 13 MS . MILSCHEWSKI : Spears . 14 MS . SPEARS : Aye . 15 MS . MILSCHEWSKI : Burd. 16 MS . BURD : Aye . 17 MS . MILSCHEWSKI : Munns . 18 MR . MUNNS : Aye . 19 MAYOR PROCHASKA: Motion is carried . 20 We are now -- I would entertain a motion to go 21 into public hearing for the purpose of discussing 22 PC 2006-67 , North Star Trust Company u/t dated 23 August 8 , 2006, No . 06-9993 , petitioner , has 24 filed an application with the United City of Depo Court Reporting Service (630) 983-0030 155 1 Yorkville , Kendall County, Illinois , requesting 2 annexation to the United City of Yorkville and 3 rezoning from Kendall County A-1 to the United 4 City of Yorkville A-1 Agricultural District and 5 for the hearing as to the annexation agreement of 6 the petitioner . 7 The real property consists of 8 approximately 759 . 7 acres located south of 9 Route 71 , east and west of Sleepy Hollow Road, in 10 Kendall County, Illinois . 11 MR. BESCO : So moved. 12 MR . JAMES : Second. 13 MAYOR PROCHASKA: Moved and 14 seconded. May I have roll call, please? 15 MS . MILSCHEWSKI : James . 16 MR. JAMES : Aye . 17 MS . MILSCHEWSKI : Wolfer . 18 MR. WOLFER: Aye . 19 MS . MILSCHEWSKI : Leslie . 20 (No Response ) 21 MS . MILSCHEWSKI : Besco . 22 MR. BESCO : Aye . 23 MS . MILSCHEWSKI : Bock . 24 MR. BOCK: Aye . Depo Court Reporting Service(630) 983-0030 156 1 MS . MILSCHEWSKI : Spears . 2 MS . SPEARS : Aye . 3 MS . MILSCHEWSKI : Burd . 4 MS . BURD : Aye . 5 MS . MILSCHEWSKI : Munns . 6 MR . MUNNS : Aye . 7 MAYOR PROCHASKA: Motion is carried . 8 We are now in public hearing . Mr . Philipchuck? 9 MR. PHILIPCHUCK: For the record, my 10 name is John Philipchuck . I am an attorney with 11 offices at 123 Water Street , Naperville , 12 Illinois , here this evening representing North 13 Star Trust Company, Trust Number 06-9993 . 14 As was pointed out in the 15 reading by the Mayor , the property consists of 16 approximately 760 acres . It lies immediately to 17 the west of the Schanze property that -- the 18 prior property that you just had a hearing on . 19 It has a frontage of approximately two miles 20 along Route 71 , and the property runs from 21 Route 71 on the north to Walker Road on the 22 south . 23 The applicant is requesting 24 that you enter into an annexation agreement for Depo Court Reporting Service (630) 983-0030 157 1 the property, that it be left in the A-1 Ag 2 District upon annexation with the City . 3 It currently has A-1 zoning in 4 the County, and we would be annexing it with A- 1 5 in the City. 6 This particular parcel is 7 slated at the Prairie Parkway interchange and 8 interchange on Route 71 , would encompass this 9 property . 10 We see a variety of future uses 11 for the land, but right now we don ' t have a 12 potential use and so we want to continue the 13 operation that Mr . Hamann has operated on this 14 land for a number of years . 15 It is not a compost site . It 16 is a lawn waste recycling where leaves , grass , 17 sticks , and sometimes plastic, because people 18 can ' t follow rules and it ends up in the brown 19 bags and ends up on the land, and they have crews 20 out there that have to pick it up . 21 It ' s not the fault of 22 Mr . Hamann; it ' s the fault of us as citizens 23 because we seem to have some in our midst that 24 can ' t follow the rules . But be that as it may, Depo Court Reporting Service (630) 983-0030 158 1 that ' s what happens . 2 The composting idea is not 3 what ' s coming for that piece of property . It ' s 4 obviously a farming area . The material that 5 comes in is ground up, it ' s land applied, and 6 it ' s plowed back into the ground. 7 The fields are rotated, where 8 one year where it ' s being worked back into the 9 soil, it ' s allowed to enrich the soil, and then 10 the rest of the property is planted, and then 11 these -- they rotate the crops every year . 12 That is what has been out in 13 that particular area . It ' s obviously in a 14 farming area . There are all kinds of smells in a 15 farming area . 16 Some farmers maintain livestock 17 on their farms , and we don ' t see as much 18 livestock today as we did in the past, but that 19 doesn ' t prevent any of the farmers out there from 20 getting involved in livestock, whether they bring 21 them in on consignment for hogs or if they want 22 to raise horses or whatever it might be , so -- I 23 mean, when you live out in an area that ' s 24 farming, you are going to get farm smells . Depo Court Reporting Service (630) 983-0030 159 1 And as far as a piece of ground 2 that is situated for future economic development 3 of the City, this is certainly one . 4 Obviously the high power lines 5 of Commonwealth Edison run through the middle of 6 this property . They have a 400-foot wide strip 7 of land with the erector style towers out there 8 that carry the electrical transmission, and so 9 that kind of sets a tone for the future of the 10 property, and I ' m sure as we move forward with 11 the City there will be some recognition that this 12 land, too, may have some M-1 uses that could be 13 brought here . 14 That means jobs for the 15 community . Everybody complains about the 16 traffic, but half the people have to drive east 17 to get a job . 18 If we can have our community 19 develop such that we ' re actually creating jobs 20 here in our community, that cuts down on the 21 amount of time that people have to spend driving 22 down the road to get to their employment . 23 So this particular parcel of 24 property, with the frontage that it has on 71 , Depo Court Reporting Service(630) 983-0030 160 1 with the location of the future Prairie Parkway, 2 it certainly lends itself to some of the 3 discussion that has been brought forth tonight , 4 and that is , if there ' s going to be -- if there ' s 5 going to be a proposal to introduce an 6 application, whether it ' s with the County or the 7 City of Yorkville , for a landfill , this is the 8 best piece of property in the whole Kendall 9 County from a geological perspective for a 10 landfill . 11 It has what it takes to protect 12 the public health, safety and welfare because of 13 the soil conditions and the geological formations 14 that are on this particular property . It makes 15 sense . 16 There are not parcels like this 17 just everywhere in the county . I think you are 18 being very responsible in looking at this . 19 MAYOR PROCHASKA: Mr . Philipchuck, 20 at this time you are going for annexation and 21 agricultural? 22 MR . PHILIPCHUCK: Yes . Yes , we are . 23 That is correct . I said if an application, 24 because what I wanted to point out is the fact Depo Court Reporting Service (630) 983-0030 161 1 that it is a piece of property that is certainly 2 suitable from an environmental standpoint for 3 public safety . 4 MR . PRICE : John, I am going to ask 5 you to stop . We asked Mr . Blazer to stop 6 yesterday . 7 MR . MILLIRON : Let him talk . 8 MR. PRICE : No, I ' m not going to let 9 him talk and I ' ll tell you why. Because we can ' t 10 prejudge the facts of the law . As soon as we do 11 that , then nobody is going to make a decision, 12 not the County, not these people , nobody . 13 So that ' s why he doesn ' t get to 14 talk about it and that ' s why I didn ' t let 15 Mr . Blazer talk about it yesterday . 16 Nobody gets to talk about 17 particular facts and particular criteria . It ' s 18 not worth it . 19 You guys want to have a real 20 say and a real decision by people who respond to 21 you? Then we don ' t talk about it . We do a fair 22 process . 23 If I ' m overly cautious , then 24 the worst that happens is you all have to say Depo Court Reporting Service (630) 983-0030 162 1 this again at a big public hearing where it ' s 2 done right, but if I ' m right and we go ahead and 3 we say these things , everybody loses control 4 here, and that ' s the worst possible solution, 5 that neither the County nor these people know 6 anybody who takes control in whatever outcome 7 happens with the County and the City . 8 You want to have local control , 9 we ' ve got to follow the rules and not prejudge 10 anything right now . 11 This is about the general 12 process . I ' m sure Mr . Blazer will talk about it . 13 But we ' re not going to talk about particulars . I 14 told him he couldn ' t do it , it ' s only fair to 15 rule this out of order, too . 16 MAYOR PROCHASKA: We have a Staff 17 report? 18 MR . MILLER: The Comprehensive Plan 19 recommendation, Future Land Use Plan, recommended 20 for this property only includes the eastern 21 portion of this property . This is right at the 22 edge of the future boundary of the planning 23 area -- I should say of the current Comprehensive 24 Plan . Depo Court Reporting Service (630) 983-0030 163 1 The recommended uses for the 2 area include a mixture of industrial, 3 transition -- radiating from that , transitional 4 neighborhood, and finally as estate neighborhood 5 as part of the 760 acres . 6 The land use pattern is based 7 on again, the Prairie Parkway alignment as stated 8 by the petitioner . A future intersection of that 9 alignment with Route 71 falls in proximity to 10 this property. 11 The request for A-1 zoning on 12 the property is appropriate zoning to allow the 13 continuation of the existing use of the property . 14 At the time a development plan 15 is presented for the property is when the zoning 16 classification will need to be evaluated based on 17 that proposed plan; the point being from Staff is 18 that A-1 is not consistent with the Comprehensive 19 Plan, but is consistent with the current uses 20 being effected on the property, and understanding 21 the driving force of the Comprehensive Plan is 22 the planned Prairie Parkway, as stated earlier at 23 the said public hearing . 24 The timing of that even though Depo Court Reporting Service (630) 983-0030 164 1 anticipated in 2012 is not a guarantee at this 2 point . 3 Those are my comments on the 4 Staff report . 5 MAYOR PROCHASKA: Okay . Mr . Blazer . 6 You might as well go . 7 WHEREUPON : 8 MICHAEL S . BLAZER, 9 testified before the Yorkville City Council as 10 follows : 11 MR . BLAZER : Good evening . Members 12 of the City Council, Mr . Mayor, my name is 13 Michael Blazer . I am with the law firm of Jeep & 14 Blazer, LLC . 15 We are special counsel to 16 the -- to Kendall County . We were retained last 17 September to advise the County and assist it with 18 the obvious pending landfill situation in this 19 county . 20 I first want to tell you that 21 I ' m not here to attack any of you . I am not here 22 to blame any of you for anything . I ' m not here 23 to question your ethics or your motives . 24 I ' m here to talk about the Depo Court Reporting Service (630) 983-0030 165 1 facts , I ' m here to talk about reality, and I ' m 2 here ultimately to plead to your better natures . 3 Now, I have reserved my 4 comments until this particular application 5 because of its obvious relationship to the 6 pending host agreement that ' s also on your agenda 7 for tonight which identifies this property as the 8 site for the proposed landfill . 9 Now, first , as I think you all 10 know, Mr . Price and I know each other fairly 11 well . We have been active opponents on more than 12 one occasion . I dare say we probably will be 13 again . 14 I rarely find myself agreeing 15 with him, but I do agree with two things he said 16 tonight . 17 Number one, I do agree with him 18 that Mr . Philipchuck ' s comments were completely 19 out of order and he should have known better 20 because it ' s right , you don ' t want to shape the 21 process and you just ran the risk of doing that . 22 With that being said, I ' ll get 23 to the second thing that I agree with shortly . I 24 doubt I ' ll think of a third . Depo Court Reporting Service (630) 983-0030 166 1 Mr . Price pointed out that 2 yesterday he had requested that I not address any 3 specific siting criteria, and I won ' t do that . I 4 will -- I will agree with him. I will accede to 5 his request . 6 The first thing I want to do is 7 read into this record a redacted version of a 8 letter that State ' s Attorney Barnhart submitted 9 to the City, to the City Clerk, last week . 10 I read some more portions than 11 I will tonight into the record yesterday, he ' s 12 asked me to cut some of it back, and I will agree 13 with his request . 14 I don ' t know if you all have 15 seen it . If you want to see the complete copy, 16 it was submitted I believe last Wednesday to the 17 City Clerk . 18 "These comments are submitted 19 by my office on behalf of Kendall County 20 concerning the above referenced annexation 21 request and the property legally described 22 therein, the subject property . 23 Kendall County and Fox Moraine, 24 LLC, through their attorneys , have been engaging Depo Court Reporting Service (630) 983-0030 167 1 exploratory discussions concerning a host 2 community agreement . " 3 And, as I think you all know, 4 the attorneys that State ' s Attorney Barnhart is 5 referring to on behalf of the County are myself 6 and my partner, Mr . Jeep . 7 "This is in connection with a 8 possible application to the County Board for 9 siting approval to locate a landfill on the 10 subject property. A request for siting approval 11 to locate a landfill is governed by Section 39 . 2 12 of the Illinois Environmental Protection Act , and 13 the Kendall County Site Approval Ordinance for 14 Pollution Control Facilities , Ordinance number 15 06-16 . 16 Section 39 . 2 of the Act 17 establishes the criteria to be considered by the 18 County Board or governing body of a municipality, 19 making a determination with respect to an 20 application for local siting approval for a 21 landfill or other pollution control facility . " 22 And we enclosed a copy of that 23 statute with the letter for your reference in 24 case you wanted to read it . Depo Court Reporting Service (630) 983-0030 168 1 I am now skipping a portion 2 that Mr . Price asked me to skip . 3 "On May 16, 2006, the County 4 provided the Kendall County Solid Waste 5 Management Plan to Fox Moraine . " 6 And for those of you who don ' t 7 know, Fox Moraine is the former name of 8 Mr . Hamann ' s entity. That name was recently 9 changed to Kendall Highlands , LLC . 10 "A copy of the County ' s 11 correspondence to the attorney for Fox Moraine, 12 with the County ' s Solid Waste Management Plan, is 13 attached as Exhibit B to the letter . " 14 I ' m not holding it here , but 15 the City Clerk does have it . 16 "The Kendall County Solid Waste 17 Management Plan provides that landfills may only 18 be located in the unincorporated areas of the 19 County . Please refer to Appendix B to the 20 plan -- excuse me , Appendix E to the plan, a 21 resolution concerning the Kendall County Solid 22 Waste Management Plan, number 06-11 , dated May 4 , 23 2006, and the repeated statements throughout the 24 plan that landfills may only be located in the Depo Court Reporting Service (630) 983-0030 169 1 unincorporated areas of the County . 2 The County only learned of the 3 annexation request through the public notice 4 published in the Kendall County Record . 5 We have also been advised that 6 upon annexation Fox Moraine intends to apply to 7 the Yorkville City Council for site approval for 8 a landfill on the subject property . " 9 Again, I am skipping about 10 three lines that Mr . Price asked me to skip . 11 " In the event Fox Moraine 12 nevertheless " -- you ' ll have to figure out for 13 yourself what the nevertheless derives from -- 14 "elects to proceed forward with the siting 15 application to the Yorkville City Council , 16 Kendall County will participate as a party in the 17 siting hearings . In the event the siting 18 application is granted, the County will appeal 19 such a decision to the Illinois Pollution Control 20 Board . 21 Please understand" -- and I 22 really want to stress this -- "Please understand 23 that we do not view this as a dispute between 24 Kendall County and Yorkville . Depo Court Reporting Service(630) 983-0030 170 1 The County thought it 2 important, however, to set out its position on 3 this matter so as to avoid any future 4 misunderstandings . 5 The County will send a 6 representative to the public hearings scheduled 7 for Monday" -- yesterday -- "in the City Council 8 chambers . In the meantime, please do not 9 hesitate to call if you have any questions . " 10 I have been authorized to 11 advise you that it is obviously the official 12 position of the Kendall County State ' s Attorney 13 and of the Kendall County Board -- it is the 14 official position of the State ' s Attorney now, it 15 will be the position of the Kendall County 16 State ' s Attorney next week, next month, and next 17 year to quell any rumors that may be floating 18 around this community, that position will not 19 change . 20 With that being said, I think 21 what I really want to focus on more than the 22 process -- because Mr . Price has described it 23 adequately, it is a complex process -- I want to 24 talk more about the facts . Depo Court Reporting Service (630) 983-0030 171 1 How did we get here? How did 2 we get to the point where attorneys for the 3 County, the State ' s Attorney for the County, is 4 threatening to become involved in opposition to 5 your city? How did that happen? 6 On March 8th, of this year, my 7 firm, my partner and I , had our first meeting 8 with representatives of Fox Moraine at our 9 office . 10 Obviously there had been a lot 11 of rumors before that time , there had been 12 articles in the newspapers , there had been public 13 statements by individuals associated with Fox 14 Moraine, including Mr . Hamann, but that day, 15 March 8th, was the first time we were actually 16 physically approached by anyone to suggest 17 beginning the process of negotiating a host 18 agreement leading to the process of potentially 19 commencing a siting hearing for a landfill in the 20 property we are speaking of . 21 We then began some exploratory 22 discussions at that time , and one of the critical 23 things that we told those folks that we wanted to 24 see in advance was a traffic plan . The meetings Depo Court Reporting Service (630) 983-0030 172 1 lasted maybe two or three hours . 2 The question then arises , what 3 did we do after that? Did we ignore Yorkville? 4 We did not . We immediately called the State ' s 5 Attorney and asked her to schedule a meeting with 6 your representatives . 7 And on March 15 that meeting 8 took place, myself, my partner , State ' s Attorney 9 Barnhart , the County Board Chairman, John Church, 10 your Mayor, your City Attorney and your City 11 Administrator . 12 And what we talked about at 13 that meeting was cooperation and joint 14 participation because we recognized -- it ' s 15 readily apparent to anyone with eyes and ears 16 that this facility, if sited, could have a 17 significant impact on traffic in this area . 18 So what we advised your Mayor 19 was that we wanted to cooperate with you . We 20 wanted to include the City in the process . 21 And I know, Mr . Mayor, you are 22 shaking your head, but, frankly, that is what 23 happened . 24 MAYOR PROCHASKA: No . • Depo Court Reporting Service (630) 983-0030 173 1 MR . BLAZER : That is what we 2 discussed . 3 MAYOR PROCHASKA : You make your 4 statement . 5 MR . BLAZER: We wanted to include 6 you in the process . We offered to carry your 7 water for you . 8 We suggested that because of 9 our experience in this process , we would be in a 10 position to represent your interests as well as 11 the rest of the County because you are part of 12 this County and this County Board represents the 13 entire County, not just one region or one city, 14 so it was our primary concern to make sure that 15 your interests were represented . 16 We even talked about impact 17 fees because of the potential impact on your 18 roads and how we would ensure that those 19 discussions took place with this potential 20 applicant . 21 We invited you to participate 22 jointly in our discussions , something, frankly, 23 that ' s almost unheard of in this process , but 24 that ' s what we offered . Depo CourtReporting Service (630) 983-0030 174 1 What we were advised by you, 2 Mr . Mayor, as you will recall was that -- 3 UNIDENTIFIED AUDIENCE MEMBER : I 4 can ' t hear . I can ' t hear . 5 MR. BLAZER : I ' m sorry . I have this 6 bad habit of moving around. I feel like I am 7 addressing a jury . I apologize . It ' s an old 8 trial trick . As you move, the eyes follow you, 9 that ' s how you know you ' ve got their attention . 10 I will try and stand still . 11 What we were told by the Mayor 12 was that he was going to informally poll each of 13 the members of the City Council to get your view 14 on how you wanted to proceed, whether you wanted 15 to cooperate with us or not , whether you wanted 16 to participate with us or not . 17 Our contact person would be I8 Mr . Wyeth, the City attorney. And he wouldn ' t 19 get back to us . Several weeks passed . We heard 20 nothing . 21 Finally I called Mr . Wyeth -- I 22 think, John, you will remember that call -- and 23 Mr . Wyeth advised me that the Mayor had, in fact , 24 informally polled each of you and that the Depo Court Reporting Service (630) 983-0030 175 1 consensus was that you wanted to deal with Fox 2 Moraine directly without the County . 3 What did we do then? I can 4 assure you, Members of the City Council , we 5 didn ' t blow you off . We didn ' t forget about you . 6 We didn ' t decide if you don ' t want to cooperate 7 with us we ' ll forget about your interests because 8 we continued to demand that traffic plan from Fox 9 Moraine . It never materialized. 10 Frankly, we know why it never 11 materialized, because ultimately they began 12 negotiating directly with the City, but we 13 continued to have your interests at heart , as 14 well as the rest of the County. 15 And as the State ' s Attorney ' s 16 letter points out , we didn ' t learn about what was 17 really happening until the public notice on 18 September 7th, because up until that time , there 19 had been some communication -- frankly, not a 20 lot -- we had been ignored to a great degree by 21 Fox Moraine as well . 22 Part of the hang-up, frankly, 23 was the amount of money we were demanding , among 24 other protections -- and this is one of those Depo Court Reporting Service (630) 983-0030 176 1 areas where I disagree with Mr . Price because you 2 can build in an enormous amount of protection, 3 irrespective of the jurisdiction of the Illinois 4 EPA. You can control a lot of what happens in 5 the future . 6 Unfortunately the host 7 agreement that you are going to be considering 8 tonight doesn ' t do that . 9 But with that being said, the 10 second thing that I agreed with Mr . Price 11 about -- and this is probably where I ' ll be 12 closing -- is the comment he made to this 13 audience that they have to make sure that their 14 "no" matters , and that ' s a difficult thing to do 15 in the context of the siting process that we talk 16 about . 17 It is so complex that it 18 requires specialized attorneys with specialized 19 skills . It ' s a complicated process . It ' s a 20 constrictive process . There are these nine 21 criteria -- I promise I won ' t talk about them 22 specifically -- that you are bound to follow . 23 It ' s a difficult process to get 24 through . It ' s a complicated process . It ' s a Depo Court Reporting Service (630) 983-0030 177 1 costly process . 2 And I will disagree with one 3 other thing, Derke, I 'm sorry, but in my recent 4 experience, the minimum amount that applicants 5 have spent on transfer stations , not even on 6 landfills , has been on the order of three 7 quarters of a million dollars , but -- and that 8 was in Evansville, I might add . 9 But with that being said, let ' s 10 talk about the value of a no, because your 11 discretion if you move forward down this road is 12 going to be severely limited, and that ' s not the 13 only down side of moving precipitously and of 14 making the wrong decision, because the 15 unfortunate fact of life here that we can ' t 16 ignore is that if this proceeds forward, as it 17 appears to be doing, is you will be inviting a 18 fight that doesn ' t have to occur between your 19 City and your County because what will happen is 20 exactly what we discussed with you, Mr . Mayor, on 21 March 15 that we didn ' t want to happen, that we 22 didn ' t want this group to be in a position where 23 they would pit the City and the County against 24 each other, and that ' s exactly what ' s happened . Depo Court Reporting Service (630) 983-0030 178 1 So here is the value of a no, 2 ladies and gentlemen . If you say no tonight , 3 that ' s where it ends . That ' s where the County 4 can protect your interests and the interests of 5 all these people inside of Yorkville and outside 6 of Yorkville . 7 That ' s where we can make a fair 8 determination of which of these potential sites 9 might be the best site or the worst site or the 10 better site or no site at all . 11 Because you run the risk here 12 that you ' re going to have a siting proceeding and 13 we ' re going to have a siting proceeding and 14 Mr . Philipchuck will be right , and it ' s going to 15 be a race to the finish, and nobody wins and 16 everybody loses . 17 So that ' s the best solution . 18 There is your solution. It ' s a silly statement, 19 it ' s over-used, we use to our kids all the time, 20 but it applies with incredible force here , ladies 21 and gentlemen . 22 If you want to stop this 23 runaway train now, if you want to avoid this 24 avoidable fight with the County, if you want to Depo Court Reporting Service (630) 983-0030 179 1 avoid this mess , if you want to avoid the pain 2 and anguish that these people are expressing to 3 you last night and tonight, I implore you, just 4 say no . 5 Thank you . 6 (Applause ) 7 MR . WOLFER : I have a question for 8 you, sir . Are you telling me that if I vote no 9 tonight that the County is not planning to put a 10 landfill in that area? 11 MR . BLAZER : The County can ' t plan 12 to put a landfill anywhere, sir . The County 13 can ' t plan . 14 What I can tell you is that the 15 County will judge each application fairly and the 16 County will be in a position to judge at that 17 point two applications , I know there ' s been 18 mention of a third, as I mentioned, and at the 19 County Board meeting last week, that third one 20 hasn ' t really gotten off the ground . We are 21 really talking about two . 22 But we ' ll be able to judge the 23 merits or demerits of both and determine which 24 one is better placed, the one right by you or the Depo CourtReporting Service (630) 983-0030 180 1 one just north of 80 . 2 MR. WOLFER : So you are telling me 3 that you are considering that and that you are in 4 a better position to be the judge of what ' s 5 better? 6 MR . BLAZER : I telling you -- you 7 know what? Let me try and suggest something, 8 sir, if I may, because, frankly, this isn ' t just 9 me talking . I can assure you . And I ' m not 10 reading from the siting statute . 11 But this is a statement of 12 legislative purpose from the Illinois General 13 Assembly; that counties should have the primary 14 responsibility to plan for the management of 15 municipal waste within their boundaries to ensure 16 the timely development of needed waste management 17 facilities and programs . 18 That ' s from the Solid Waste 19 Planning and Recycling Act . I won ' t read you the 20 citation . I 'm sure your attorney is familiar 21 with it . 22 The General Assembly made a 23 legislative determination years ago , and it 24 applies to landfills and transfer stations , but Depo Court Reporting Service (630) 983-0030 181 1 it applies to landfills even more so , and it ' s a 2 determination that we made when we amended our 3 plan, that this is a County-wide issue . 4 It ' s not just about your 5 interests or Oswego ' s interests or Plano ' s 6 interests . It ' s a border-to-border interest in 7 this County . And that ' s why -- and I know -- I 8 assure you, I am not trying to dance around your 9 question because the bottom line is we have to 10 consider whatever application is submitted to us , 11 and part of that includes is it -- is it the best 12 location . 13 I just want to add one other 14 thing . 15 MAYOR PROCHASKA: Well , I ' d like to 16 open up this floor of the public hearing . Yeah, 17 we really need to let -- 18 MR. LESLIE : Attorney Blazer , I have 19 two questions , two-part question . 20 MR . BLAZER: Sure . 21 MR. LESLIE : Number one , the only 22 difference -- and I ' ve been dealing with this for 23 quite some time -- my understanding, correct me 24 if I am wrong, is if a no to the annexation Depo Court Reporting Service (630) 983-0030 182 1 agreement goes forward and Hamann Properties has 2 an application towards Kendall County, these same 3 folks will be sitting at a County meeting saying 4 we don ' t want a landfill . 5 The only difference for the 6 Yorkville residents are we won ' t have any 7 control , we won ' t have any of the revenue , unless 8 there is a potential revenue sharing, but the 9 issue is not going to change . If that ' s correct , 10 that ' s my first question I look forward to . 11 And, secondly, in filtering 12 through this -- and I appreciate your insight -- 13 quoting your Kendall County Solid Waste 14 Management Plan, that you are not allowed to site 15 a landfill within City limits , correct ? 16 MR . BLAZER: Correct . 17 MR . LESLIE : Isn ' t the safest thing 18 we can do as a Council, annex this into the City, 19 thus avoiding any landfill based on your 20 ordinance? 21 And that ' s why I ' ve held my 22 questions and concerns back . This is -- Believe 23 me, I ' ve given -- 24 MR. PRICE : Don ' t you dare answer Depo Court Reporting Service (630) 983-0030 183 1 that question . 2 MR . BLAZER: And I ' m not going to . 3 I wish I could answer the second one . I have 4 agreed with Mr . Price that I can ' t . 5 It deals with one of the -- one 6 of those specific nine criteria . I think you 7 know what my answer is , but I can ' t say it , and I 8 wish I could . 9 MR. PRICE : Stop . Mike . Stop . 10 MR . BLAZER : I will tell you this , 11 in agreement with Mr . Price -- 12 MAYOR PROCHASKA: Please . 13 MR . MUNNS : Hey, you are done . 14 MAYOR PROCHASKA: This is our 15 City -- our attorney ' s advice . Please . 16 MR . MUNNS : Sit down in your chair 17 or get out . 18 MAYOR PROCHASKA : Please , we will 19 open up the floor . There is a lot of people here 20 that would still like to have comments and 21 discuss . 22 Sir, right there, come on up . 23 WHEREUPON : 24 DARREL BROWN, Depo Cour`Reporting Service (630) 983-0030 184 1 testified before the Yorkville City Council as 2 follows : 3 MR . BROWN : Darrel Brown, 8262 West 4 Highpoint Road . 5 If this property gets annexed, 6 when does the responsibility for the City take 7 over? Immediately? 8 MAYOR PROCHASKA: Upon filing of the 9 annexation to the County . 10 MR . BROWN : Okay . Because there is 11 a solid waste coordinator, Marlon Hartman, that 12 deals with the site out there, the compost site . 13 Does the City have somebody 14 that we call when we smell something? Because he 15 takes care of this now . 16 MAYOR PROCHASKA: It would be our 17 code -- our code official for the City, yes . 18 MR . BROWN : Who is that? 19 MAYOR PROCHASKA : Bill Dettmer . 20 MR . BROWN : And what ' s his number? 21 MAYOR PROCHASKA: 553-4350 . Call 22 City Hall and ask for him. Anything else? 23 MR . BROWN : What would they do? 24 Marlon Hartman would always go out to the site to Depo Court Reporting Service (630) 983-0030 185 1 go out to check it and make sure everything was 2 taken care of . Do you have a plan? 3 MAYOR PROCHASKA : Well , I would 4 suggest that he would go out there also, so, you 5 know -- 6 MR . BROWN : But you are not aware of 7 a plan to take over that annexation? 8 MAYOR PROCHASKA : Pardon? 9 MR . BROWN : You are not aware of 10 things to do to take over that property, to take 11 over the role that Marlon -- 12 MAYOR PROCHASKA : We would have to 13 enforce the laws just as the County does . 14 Hopefully -- Well, what I ' m understanding, how 15 they try to . 16 MR . WOLFER: It ' s my understanding 17 that you haven ' t been happy with the results now . 18 I drive by that -- 19 MR . BROWN : Marlon has done a very 20 good job as far as what is regulated . There ' s 21 pretty -- Hamann can do what he wants out there 22 pretty much, but Marlon takes care of us . We 23 call him up, he goes out and checks it . 24 MR . WOLFER : But I drive down 71 and • Depo Court Reporting Service (630) 983-0030 186 1 it stinks . 2 MR. BROWN : He still goes out and 3 lets us know when he talks to them. It seems 4 like someone is doing something from the County . 5 MAYOR PROCHASKA: Alderman Wolfer, 6 do you want to use the mic? 7 Obviously we need to let people 8 talk here and get their comments , so that ' s the 9 whole point , to get your comments . I understand 10 your discussion . 11 MR. BROWN : Okay . 12 MAYOR PROCHASKA: Yes , sir . Right 13 here . 14 MR. MUELLER: Robert Mueller , 581 15 Kelly Avenue in Yorkville . 16 I did hear the comments from 17 Attorney Blaze ( sic) . I have a question just for 18 the Board and the residents for your decision, 19 question slash statement . 20 I ' ve heard everybody talk about 21 the current decision that was made previously how 22 else could I put this compost pile into a rural 23 development area, and it doesn ' t sound like , as 24 Mr . Wolfer was stating, nobody is pleased with Depo CourtReporting Service (630) 983-0030 187 1 the upkeep, the smell is already happening, and 2 the County decided that they are allowed to have 3 a petition to put that land -- or not landfill , 4 take that back, the -- whatever this compost is 5 in your area already . 6 That petition obviously came 7 from the County with the best interests of its 8 people and it doesn ' t sound like you are very 9 happy with that decision they made in the first 10 place . 11 Now we will be leaving it up to 12 the County to make another decision for us , of 13 where to put this proposed property . 14 So I don ' t -- it doesn ' t sound 15 to me as if you are happy with what ' s happening 16 right now and now we ' re going to have something 17 that ' s even larger under their control , so I just 18 wanted to have that stated. 19 Thank you . 20 MAYOR PROCHASKA: Thank you . Sir . 21 WHEREUPON : 22 GEORGE MUELLER, 23 testified before the Yorkville City Council as 24 follows : Depo Court Reporting Service (630) 983-0030 188 1 MR. MUELLER: Good evening, ladies 2 and gentlemen of the Council . I am George 3 Mueller . I am attorney with an office at 609 4 Etna Road in Ottawa . I live in Naperville , and 5 so I traverse Yorkville frequently . 6 I work for Fox Moraine, LLC, so 7 to many of you in this room, I suppose I am the 8 bad guy, but after Mr . Blazer ' s comments , I feel 9 it imperative to set the record straight on a few 10 things . 11 And I will start out by saying 12 that a threat delivered articulately and softly, 13 as Mr . Blazer did, is still a threat . 14 And he says that Solid Waste 15 Planning and Recycling Act mandates that counties 16 have the primary obligation for planning waste 17 disposal and management . 18 However, that same act says 19 that nothing in it should be construed to deprive 20 municipalities -- that means the cities -- of the 21 power to conduct meaningful siting hearings of 22 landfill and other pollution control facility 23 applications . 24 And what Mr . Blazer and the Depo Court Reporting Service (630) 983-0030 189 1 County are trying to do is to bully the City into 2 abdicating its statutory responsibility and 3 prerogative . 4 Now, Mr . Blazer says this all 5 started on March 8th, when representatives of Fox 6 Moraine first met with him, and he gives you the 7 whole scenario of how he got here . 8 My recollection differs , and 9 luckily I have the emails to support my 10 recollection, because Mr . Blazer and I began to 11 email each other in January of 2006 . 12 After our development team had 13 satisfied ourselves of the suitability of the 14 site to go further, we began discussions with the 15 County, and that happened in January, not in 16 March . 17 By the time we got to March, 18 multiple drafts of a proposed pollution control 19 facility siting ordinance had gone back and 20 forth . Parties had talked about a host 21 agreement . 22 And you know something? Even 23 then it was all about the money because before 24 the County will even talk to us , we had to Depo Court Reporting Service (630) 983-0030 190 1 guarantee to pay Mr . Jeep & Blazer for the 2 privilege of talking to them and for their 3 privilege of listening to us . 4 And then when it got time to 5 negotiate a host agreement , it was the 6 representatives of Fox Moraine landfill that 7 said, you know, the City of Yorkville is right 8 next door . It is the most effective community . 9 It is the most potentially impacted community . 10 They need to be involved in this process . 11 And one way to involve them in 12 the process was to adopt the modern trend of 13 negotiating a host agreement that pays to 14 potentially impacted municipalities , whether they 15 be school districts or cities or townships , fees 16 or percentages of the host fee in accordance with 17 the potential impact and in proximity of those 18 communities . 19 Mr . Jeep ' s response to our 20 suggestion that a portion of the host fee go to 21 the City of Yorkville was that ' s a non-starter . 22 Those were the exact words . And after 23 considerable additional negotiation, they finally 24 said okay, out of a $4 host fee we propose, or Depo Court Reporting Service(630) 983-0030 191 1 thereabouts , the City of Yorkville can have two 2 and a half cents . 3 That ' s $25, 000 a year, which, 4 incidentally, is less than my client has paid 5 to Messrs . Jeep & Blazer for the negotiations 6 they claim that we never had with them. 7 We ' ve got the invoices and the 8 checks to show that there has been $ 30 , 000 during 9 the negotiations paid for with the County, but 10 only after it became clear that the County wanted 11 to grab and hold all the revenue , assuming this 12 facility would be approved, if we did decide we 13 had to go to the City of Yorkville because the 14 reception we got there was that they would be 15 willing to share with the County . 16 They understood that the County 17 was also an important part of this process , and 18 so, therefore, we weren ' t going to be talking 19 about giving the County two and a half cents per 20 pound, but rather significant dollars . 21 So from the beginning -- and 22 our perception is it ' s been agreed on the part of 23 the County and it ' s been agreed on the part of 24 the Attorney General , because the question we ' ve nano CourtReporting Service (630) 983-0030 192 1 been asking ourselves is what do we have to show 2 for the $30 , 000 in bills we have paid to 3 Messrs . Jeep & Blazer and how much of their bills 4 for a landfill site . Those questions also need 5 to be addressed . 6 The process that we have here 7 is one that only starts tonight and moves forward 8 into the stage that really most of these comments 9 should have been addressed to, and that is the 10 siting hearing . 11 I will tell you, ladies and 12 gentlemen in the audience, I have been at 13 landfill siting hearings representing both 14 applicants and opponents , some of which have 15 taken 25 days , and everyone gets to speak their 16 peace . People get to cross-examine the witnesses 17 and a record of evidence is developed . 18 We welcome the opportunity to 19 go through that process . We look forward to the 20 challenge of being able to present evidence on 21 all nine criteria that we must prove that 22 withstands the scrutiny of the good people in the 23 community, and we hope that when it ' s done, the 24 record will speak for itself . nPnn Court Reporting Service (630) 983-0030 193 1 And I ' m not going to discuss 2 any evidence or criteria tonight -- 3 MAYOR PROCHASKA: Can I just ask you 4 to kind of wrap it because I would really like -- 5 we ' d like to have some of the people here -- I 6 think there is still people that would like to 7 talk on this particular piece of property, sir, 8 so if you could finalize your statement , I ' d 9 appreciate it . 10 MR. MUELLER : If I can just wrap it 11 up, and then very briefly, the City most 12 appropriately should have the power to do this . 13 The County has not been 14 interested in including the City, Mr . Blazer ' s 15 representations to the contrary notwithstanding . 16 We look forward to a full and 17 open public hearing and the opportunity to 18 develop a meaningful record that will speak for 19 itself as to whether or not this is a proposal in 20 the best interests of the entire community . 21 Thank you very much . 22 MAYOR PROCHASKA : Okay . Yes , the 23 gentleman . Todd . 24 MR. MILLIRON : Mr . Philipchuck, do Deno CourtReporting Service(630) 983-0030 194 1 you remember me holding this water bottle up 2 yesterday and I was asking you about pipes in the 3 ground? 4 I want you to remember that you 5 were sworn in last night and I asked what were 6 the pipes in the ground, and somebody asked about 7 those test wells , and not to get into any 8 whatever specifics on this , but it seems like you 9 have prior knowledge and was not disclosing it 10 last night and was actually giving the wrong 11 answer, I don ' t even -- I ' m not going to say the 12 L word, but you did not give full disclosure last 13 night when asked . 14 MR. PHILIPCHtTCK: I don ' t know that 15 it ' s pertinent to anything, but as I recall your 16 question, you said what are those pipes out there 17 on 71 . 18 Sir, that ' s an awfully general 19 question . I didn ' t know what pipes you were 20 referring to out on Route 71 , what pipes on 21 Route 71 , and then there were statements made at 22 the public hearing last night that the Bornemans 23 were out there and Bornemans had wells being 24 drilled on their property, and I guess that was neDo Court Reporting Service(630) 983-0030 195 1 someone who didn ' t understand what was going on 2 either because, to my knowledge, the Bornemans 3 haven ' t done any drilling of any kind on their 4 property . 5 So for you to say -- you know , 6 as I queried you later, I said, well , I don ' t 7 know, they could be the test wells , if you 8 remember that ' s what I said, maybe it ' s the test 9 wells that you ' re referring to, I ' m not sure what 10 you are referring to . 11 MR . MILLIRON : Well , I would 12 indicate somebody might want to check the record 13 and the testimony that was given . 14 MR . PHILIPCHUCK: That ' s fine . 15 That ' s fine . 16 MR . MILLIRON : All right . Now, I ' m 17 not done . I want to ask you guys , last week you 18 passed a disposal fee and it was reported in the 19 Record, a buck seventy -- a buck 27 a ton . 20 MAYOR PROCHASKA: Correct . 21 MR. MILLIRON : All right . And I 22 read in the paper when the County started 23 negotiations at 38 a ton, all right , and the 24 Hamann people walked away from the negotiating npoo Court Reporting Service(630) 983-0030 196 1 table . 2 So in that article on the 9-20 3 Record, there was something about Kendall here , 4 $4 , 000 , 000 deal with landfill , referring to 5 Kendall , south part of the county . 6 And it was stated by Jim 7 Berman, Mr . Hamann ' s representative , that it was 8 not economically viable or feasible for him to 9 open up a landfill at two fifty a ton, which is 10 what they offered the County . Now, that ' s what ' s 11 been reported. 12 And so what I want to know is 13 what is this one twenty seven disposal fee , and 14 if Mr . Hamann can ' t make money at two fifty, why 15 are you guys wanting to put him in the landfill 16 business and subsidize the business at the 17 expense of all the people in the room? 18 MAYOR PROCHASKA: All right . First 19 of all, that ' s -- you have your facts wrong, and, 20 second of all , that ' s not a point of discussion 21 for annexation of this property. 22 That actually is part -- a 23 further agreement -- further part on the agenda 24 as we discuss the host agreement , those numbers nano Court Reporting Service (630) 983-0030 197 1 are in there and you will hear what the numbers 2 are . Because it is just not one twenty seven . 3 That is a portion of the fee that the City 4 Council passed . It ' s a portion . 5 MR . MILLIRON : How fast was that 6 ordinance passed, Art? Doesn ' t the ordinance , 7 normal ordinance, take about two months to pass ? 8 MAYOR PROCHASKA: No, not 9 necessarily . No . 10 MR . MILLIRON : How much discussion 11 was made at that City Council meeting regarding 12 that? 13 MAYOR PROCHASKA: The discussions 14 that the Council chose to have . 15 MR. MILLIRON : And what was the time 16 frame on that , Art? 17 MAYOR PROCHASKA: It was brought to 18 the Council and asked to be voted on as part of 19 the agenda . 20 MR. MILLIRON : All right . Was it 21 five minutes? Or more? Five minutes or less or 22 five minutes or more? 23 MAYOR PROCHASKA: It was on the 24 agenda for 48 hours prior to being voted on . Deoo Court Reporting Service (630) 983-0030 198 1 MR. MILLIRON : You didn ' t answer my 2 question . City Council members , did you discuss 3 that and how long did you discuss that buck 27 4 disposal fee? It came to you in front of you . 5 MAYOR PROCHASKA: Sir, you are out 6 of order . Now, either you stay on the subject -- 7 This has nothing to do with this particular item . 8 Now, if you want to stay on 9 subject , we ' ll talk. If not , I will ask you to 10 leave . 11 So either stay on subject -- 12 I ' m saying that all the fees are discussed in the 13 host agreement that is later on in the agenda and 14 you will hear discussion with the Council then . 15 So do you have anything else to 16 say about this property? 17 MR . MILLIRON : I do . So this is the 18 end game and the truth is here . We ' re connecting 19 all these properties one-by-one to get out here , 20 and now we ' re discussing a landfill when that 21 wasn ' t on the agenda to begin with . 22 MAYOR PROCHASKA: No, we ' re not . 23 We ' re discussing annexation and zoning, and 24 everyone keeps wanting to bring that up into the nPno CourtReporting Service(630) 983-0030 199 1 discussion . 2 The discussion here is for the 3 annexation and zoning of this property . So it ' s 4 annexation and zoning to City Ag-l . That is what 5 will be considered this evening . 6 MR. MILLIRON : All right . Next 7 question . If this property is zoned Ag-i , how do 8 you go about changing the use of this to a 9 landfill? 10 Is that a City Council vote? 11 Are you going to give public notice? How is that 12 going to work? 13 MAYOR PROCHASKA: I believe that ' s 14 been explained a couple times . Derke , do you 15 want to -- 16 MR . MILLIRON : No, I ' m asking the 17 zoning . 18 MAYOR PROCHASKA: Listen to what he 19 has to say . 20 MR . PRICE : Zoning doesn ' t apply . 21 It ' s preempted by the state . It ' s the lengthy 22 process I described earlier . Zoning doesn ' t 23 matter . 24 MAYOR PROCHASKA : Okay . Now I ' d ^ ( ,,rt Reporting Service(630) 983-0030 200 1 like someone else to come up and speak . Sir . 2 MR. PARISH : Ron Parish, Route 71 . 3 You know, we ' ve heard both 4 sides speak about who wants the landfill, who 5 doesn ' t want the landfill . I don ' t think anybody 6 in the room wants the landfill . 7 I ' ve sat here and even looked 8 at this and said, you know, I don ' t really 9 understand which side is right . I do know this . 10 I ' m against anything that the attorney for the 11 landfill is for, so I guess he helped me make my 12 decision . That is pretty much my determining 13 factor . 14 The next piece is , if we look 15 at the County -- and I ' m not for the County 16 having the landfill either, but at least I ' ve got 17 a 50/50 chance . If there is two, I ' ve got 50/50 . 18 I don ' t have anything with the City . 19 And the question was asked of 20 the gentleman from the County, could he promise 21 us that there ' s not going to be a landfill . I 22 don ' t think anybody can promise us that , so I 23 would also like to ask the Board members and you, 24 Art , do you promise us that there is not going to neoo Court Reporting Service (630) 983-0030 201 1 a landfill so we have a basis . 2 MR. MUNNS : Stop . Don ' t be talking 3 about this . 4 MR . PRICE : I understand why you 5 want the question answered -- 6 MR . PARISH : I mean, he asked the 7 question, so -- 8 MR. PRICE : And I said you don ' t 9 answer that . 10 MR . PARISH : Okay . I apologize . 11 But I can ' t see -- None of us 12 want the landfill , and I ' m going to have to take 13 my shot with the 50/50 , and I ' m not a big 14 gambler . 15 I know y ' all are 100 percent 16 for it because of the way this came out , this man 17 standing up saying he ' s for Yorkville , so I will 18 have to go that direction . 19 I think -- I hope all of you 20 vote no . I mean, you know, I know that it ' s got 21 to be tough sitting there listening to all of 22 this , and I ' m sure there ' s a lot of us that ' s 23 made statements that probably don ' t really 24 understand . None of us are politicians . My ^^ r'-Hart Reporting Service (630) 983-0030 202 1 mother told me never to be a politician and I ' m 2 sure glad. 3 But I sure would ask you to 4 vote no on this because , I mean, you know, it ' s 5 our lives . May not mean anything to anybody 6 other than us , but it ' s -- our little part of 7 Kendall County is out there and we ' re begging you 8 to vote no . Thank you . 9 MAYOR PROCHASKA: Okay . Sir . 10 WHEREUPON : 11 JEFFREY D. JEEP, 12 testified before the Yorkville City Council as 13 follows : 14 MR. JEEP : Good evening . Mr . Mayor , 15 and members of the Council, my name is Jeffrey 16 Jeep . I am a partner in the law firm of Jeep & 17 Blazer, special counsel to the County . 18 I feel compelled to respond to 19 a couple of points that Mr . Mueller made which 20 were just completely false . 21 Let me cover the first issue of 22 our fees being reimbursed. It is common 23 practice , as Mr . Price knows and as Mr . Mueller 24 knows , that when a municipality is negotiating Depo Court Reporting Service (630) 983-0030 203 1 with a party, ask that they pay the costs of 2 those negotiations . 3 We have a situation right now 4 in Hillside where we have a landfill that ' s on 5 fire . Very serious problems there . The owner of 6 that landfill is paying our fees to deal with 7 that problem. That is standard operating 8 procedure , folks . 9 Our municipal clients don ' t 10 pay, we ask the applicants to pay . So it ' s a 11 cheap shot, Mr . Mueller . 12 Secondly, I want to talk about 13 the implication that all we ' re concerned about 14 was the money and getting all the money for the 15 County. That is just plain wrong . 16 First of all , when we met on 17 March 8th, I followed that up with a detailed 18 term sheet, 16 pages long, that -- money was one 19 component . 20 The first was traffic . There 21 were issues of we wanted to incorporate the 22 entire Environmental Protection Act , every 23 federal environmental statute , and enforce them 24 as part of this agreement . "n"t'-niir1 Reoortinq Service (630) 983-0030 204 1 They didn ' t like that . They 2 didn ' t like that we wanted the end use plan . 3 What was it going to look like? Define now . We 4 didn ' t -- 5 MR. BESCO : This has nothing to do 6 with -- 7 MAYOR PROCHASKA: That ' s true , we 8 let other people talk, so I 'm going to let you, 9 but I ' m going to ask you to wrap it up so we can 10 give the people -- 11 MR. JEEP : I think I made my point 12 that we were not just talking about money . I3 MAYOR PROCHASKA: Okay . 14 MR . JEEP : In terms of money, when 15 he said this was a non-starter, here is what was 16 a non-starter, so you understand . 17 The proposal that was made from 18 Fox Moraine to the County was a gross fee . That 19 is , they offered $2 . 50 , they are paying you four, 20 4 . 27 , whatever it is . 21 They said whatever is paid to 22 the County, a deduction will be made from that of 23 payments to other municipalities , so if we 24 were -- had an agreement of $2 . 50 and there was Hann CourtReporting Service (630) 983-0030 205 1 an agreement to pay $2 let ' s say to the 2 municipality, the County would receive 50 cents . 3 I kept asking them, what is the 4 proposal ? How can I go back to my client and 5 evaluate what you ' re putting on the table? 6 We never got past that . We 7 didn ' t get past that -- from April 7th, we never 8 got past that issue . 9 MAYOR PROCHASKA: Okay . Can I -- I 10 would really like to have the people be able to 11 respond to the -- this is the annexation and 12 zoning public hearing, so can you wrap? I ' ve 13 asked to you wrap it up . 14 MR. JEEP : Mr . Mayor, I respect the 15 opportunity to speak and set the record straight . 16 I felt there was a taint put on that that had to 17 be addressed . 18 MAYOR PROCHASKA: Okay . Thank you . 19 Miss Gilbert . 20 MS . GILBERT : My name is JoAnn 21 Gilbert . I ' d like to respond to Mr . Philipchuck . 22 He said there is plastic in the fields , Don 23 Hamann ' s fields, because people don ' t follow the 24 rules . nPoo Court Reporting Service (630) 983-0030 206 1 If Don Hamann followed the 2 rules , we wouldn ' t have an odor . 3 (Applause ) 4 MAYOR PROCHASKA: Okay . Is that 5 your statement? 6 MS . GILBERT : That ' s it . 7 MAYOR PROCHASKA: In the back there , 8 sir . Yeah . Come on up . 9 MR . FROST : It ' s been a long 10 evening . I appreciate you taking the time . My 11 name is George Frost, River ' s Edge . 12 This is the first time in this 13 meeting, during the meeting from the night -- 14 yesterday and tonight that we finally actually 15 started getting some truth from this gentleman 16 who is the attorney that is making this 17 presentation . 18 At the meeting last night -- 19 and you, Mayor, whenever they would even bring up 20 that any consideration for a landfill was part of 21 this process , you just kept reiterating that it 22 was whatever came down the pipe to, came down the 23 pipe . Well , the cat is out now . Everybody knows 24 for sure what ' s happening . Depo Court Reporting Service (630) 983-0030 207 1 I don ' t know why you would not 2 want to cooperate with the -- with the County 3 Board, why you want to pick this fight , why you 4 want to do this . 5 And I know you probably think 6 it ' s probably for the best in your mind, but you 7 did it without even checking with the people . 8 The people don ' t want this type of thing, whether 9 it ' s voted or not by this Council . 10 It ' s just -- I ' ve heard more 11 pertinent information from the attorney from the 12 County -- I don ' t know the gentleman ' s name -- 13 than I have heard from this Board, or from you in 14 particular . 15 I don ' t like being lied to . I 16 don ' t like being told that this is going to go 17 through no matter what in a roundabout way, 18 because that ' s exactly what it was last night , 19 and it ' s -- you know, it ' s getting late . 20 Everybody here I 'm sure has had a long day . 21 All I can say is I urge you to 22 vote no on this , let ' s work with the County and 23 go from there . 24 Take your citizens into conn CourtReporting Service (630) 983-0030 208 1 consideration . Your ideas may be good in some 2 other spots in the County and for some other 3 commercial , but this is not a good idea for us . 4 We don ' t want it . The people 5 really involved are trying to tell you that and 6 you ' re not listening . 7 You just don ' t seem to be 8 listening, Mayor, and I know you ' ve been driving 9 this from the get-go, and I know it ' s probably 10 what you want for your legacy as the Mayor of 11 Yorkville . 12 MR . MUNNS : The Mayor is not on the 13 agenda again, so keep your points at number five, 14 please . You have to talk about number five . 15 MR . FROST : I ' m telling you what I ' m 16 telling you because I don ' t believe what I ' m 17 hearing . 18 MAYOR PROCHASKA: All right . Marty, 19 Marty . Let him finish . 20 MR. FROST : Why can ' t you listen? 21 MR . MUNNS : Because we ' re talking 22 about number five, annexation and zoning . 23 MR . FROST : I ' m telling you, it ' s 24 all part of this agreement . Yes , it is . I ' m Depo Court Reporting Service (630) 983-0030 209 1 asking to you vote no . Let ' s cooperate with the 2 County and let them have the lead in this . 3 MAYOR PROCHASKA: Very good . 4 MR. FROST : Let ' s go home . 5 MAYOR PROCHASKA: And if I may just 6 address this , if anybody wants , I believe -- in 7 fact, I can ask WSPY, they actually got my 8 statement on tape last night, where I very 9 specifically talked about the fact that this may 10 be a landfill whether or not the City was going 11 to annex it , and that was a statement , that it 12 could be applied for either way, so I don ' t think 13 I have ever hidden any agenda or any discussion . 14 Back to this particular piece 15 of property, is there anyone that would like to 16 speak on this piece of property and its 17 annexation and zoning? Sir? 18 MR . NELSON : George Nelson again . 19 Here is what I see here . I see 20 a power struggle between the City and the County 21 over this property being annexed and over a 22 landfill site . 23 I am urging the City Council to 24 put that aside, put that power struggle aside , na�n r.nrrrt Reporting Service(630) 983-0030 210 1 and do what ' s right and what the people here 2 want . 3 We don ' t want it annexed and we 4 don ' t want a landfill, so let ' s put all the power 5 struggle aside between the City and County and 6 let ' s vote no . 7 MAYOR PROCHASKA: Okay . Is there 8 anyone else that would like to speak? Sir? Yes . 9 MR . KOLODZINSKI : Bob Kolodzinski , 10 River ' s Edge subdivision . 11 Mr . Philipchuck, Billachuck, or 12 I ' m not sure what his name is , but he had said 13 that people make mistakes and they throw out 14 plastic in with the yard waste, so then toxic and 15 hazardous material is in the garbage dump . 16 Every one of those people up 17 there knows that happens because that takes 18 place . Every one of them up there . He admitted 19 there is errors , happens all the time . 20 What makes you think that it 21 won ' t happen again? This could be a modern day 22 Erin Brockovich waiting to happen in our 23 backyard, and it will be every one of your ' s 24 fault . So please remember that when you vote . ^^n" ('nrrrf Reporting Service (630) 983-0030 211 1 MAYOR PROCHASKA: Is there anyone 2 else that would like to speak on the annexation 3 and zoning of this property? Ma ' am. 4 MS . BARNES : Did I understand the 5 County to say that if you annex that property 6 that it would not be able to be used as a 7 landfill , but they would sue us to use it as a 8 landfill? 9 That ' s what I got out of it . 10 Am I wrong or is that -- 11 MAYOR PROCHASKA: No, no, that is 12 not what they said . And our attorney -- I think 13 we ' re going to get off subject . 14 MR . PRICE : You are treading on 15 unfortunately one of the criteria, but Mr . Blazer 16 and Ms . Barnhart, the State ' s Attorney, he read 17 her letter which is the County ' s position that it 18 should be in an unincorporated area of the 19 County . I think that ' s about as much as we can 20 say . 21 MS . BARNES : It should be . 22 MR. PRICE : Yes . That ' s -- Under 23 their plan, yes , that ' s what they are saying . 24 MAYOR PROCHASKA: Mr . Gilmour, do Horn Court Reporting Service (630) 983-0030 212 1 you want to speak? 2 MR. GILMOUR : I think I can probably 3 say in summary for everyone sitting on this side 4 of the microphone, our perspective is , with the 5 County issue , and in all fairness to the 6 residents of Kendall County, I think it should 7 remain a County issue . 8 This is going to impact other 9 communities besides Yorkville, and it 10 just appears as what it really is . It ' s a land 11 grab, and they are running rough shod over the 12 mechanism that ' s already in place for it . 13 I ' m also realistic enough to 14 know that if the scenario were in the County ' s 15 hands , it very well could be that the property 16 that you are discussing tonight could be an 17 eligible candidate for that . 18 I feel more comfortable with 19 the oversight and the mechanism of the County 20 Board and their process for seeding a landfill 21 than the City, and I really think we ought to do 22 the best thing for the County at large here . 23 Thank you . 24 (Applause ) now) Court Reporting Service (630) 983-0030 213 1 MAYOR PROCHASKA: All right . Is 2 there anyone else that would like to speak to 3 this annexation and zoning? 4 (No response ). 5 MR . PRICE : Yes . 6 MAYOR PROCHASKA: Yes . 7 MR . PRICE : Just one point , and I 8 want to be clear about this . 9 You do have the power in the 10 Municipal Code and the Solid Waste Act to change 11 your authority . 12 I also want to be clear about 13 this , that there is no difference in the 14 heightened standards to be applied by either you 15 or the County. It is the nine criteria . 16 And Mr . Blazer made it 17 abundantly clear, he won ' t anticipate in a 18 hearing if it is before you, if that ' s what you 19 decide . 20 So the only difference between 21 a statement that says you are more comfortable 22 with the County is they either don ' t trust you or 23 don ' t think you are smart enough as a team 24 because the people testing the evidence will be neoo Court Reporting Service (630) 983-0030 214 1 exactly the same, the criteria you apply will be 2 exactly the same . 3 So let us be clear about the 4 process . That is the difference . There is no 5 heightened process the County gets to impose 6 other than, as Mr . Blazer indicated, they may be 7 able to juggle a couple of them at the same time . 8 The standards are the same, the 9 people testing the evidence are the same . The 10 only difference is who is sitting at the table . 11 MAYOR PROCHASKA: Okay . I saw no 12 other hands , so I ' m going to ask the 13 Council to -- 14 MAYOR PROCHASKA: Okay, ma ' am. Then 15 this is the last one . 16 MS . RIECKERT : Kim Rieckert, State 17 Route 71 . 18 I asked you previously, I ' m 19 going to ask you one more time before this goes 20 to vote or any further, is this the best place to 21 even consider having a landfill in Kendall 22 County? 23 MAYOR PROCHASKA: We cannot answer 24 that question, neither us , nor the County Deno Court Reporting Service (630) 983-0030 215 1 representatives . None of us can answer that 2 question at this time . None of us . 3 MAYOR PROCHASKA: Okay . With that I 4 would entertain a motion to close this public 5 hearing . Well , wait a minute . I see one hand. 6 Do you want to say something? And then this will 7 be the last one . 8 WHEREUPON : 9 BARB RAKOWSKI , 10 testified before the Yorkville City Council as 11 follows : 12 MS . RAKOWSKI : My name is Barb 13 Rakowski . I live at 8450 West Highpoint Road . 14 Obviously I have a personal 15 concern because I am right near the property 16 that ' s talking about being annexed, my first 17 Council meeting and it ' s quite a handful . 18 I also have a concern over it ' s 19 been such a short time span . I ' m trying to learn 20 the process of what you ' re doing, and when I was 21 out in the community the past two weeks , I have 22 been asking people that are actually the citizens 23 of Yorkville how they actually feel about this . 24 There are so many people that Hann Court Reporting Service (630) 983-0030 216 1 don ' t even know what ' s going on, and these are 2 your constituents . 3 I am just wondering, before you 4 place your vote tonight , are you really placing 5 it on behalf of them? 6 Because I don ' t feel that the 7 community really knows that this could be a 8 landfill and that -- I am wondering if they would 9 prefer economic growth in a different form . 10 I know if I had a chance 11 between a landfill or maybe higher taxes , I would 12 probably pick the higher taxes , so I just want 13 you to consider that before you place your vote . 14 MAYOR PROCHASKA: Thank you . With 15 that , I would entertain a motion, unless the 16 Council has something else -- 17 Did you have something, Rose? 18 MS . SPEARS : May we address some of 19 the statements that were made? 20 MAYOR PROCHASKA: Well , I would look 21 to the attorney . 22 MS . SPEARS : First of all , I ' d like 23 to address Attorney Blazer . I would like to say 24 I know that you did enlighten us on the name ^^^^ rr)+Jrt Reporting Service(630) 983-0030 217 1 change from Fox Moraine to Hamann . I have no 2 idea why you gave us that information, but thank 3 you . 4 And then I ' d like to -- Can you 5 just satisfy my curiosity, Jeep & Blazer, was 6 there a name change involved in that? That ' s 7 just kind of a -- I don ' t know . It ' s unique . 8 MR . BLAZER: About once a week we do 9 get a phone call looking for our service 10 department . 11 But frankly, Jeff and I went to 12 law school together, we ' ve been best friends for 13 26 years , and his God given name is Jeffrey D . 14 Jeep and my God given name is Michael S . Blazer . 15 MS . SPEARS : Okay. Well , thank you . 16 I ' d also like to mention that 17 recently I read in the paper that you had a 18 County Board member that was quite upset because 19 she was not informed regarding the Fox Moraine 20 meetings and the results of various meetings , and 21 this is a County Board member that mentioned 22 that , how very upset she was with this . 23 And you also mentioned in your 24 little presentation that your firm offered to nnnn r-nrlrt Reporting Service (630) 983-0030 218 1 represent our -- being in the City ' s -- best 2 interests , and why didn ' t you -- I ' d like to know 3 why you didn ' t communicate with the people that 4 you are representing, the Board members . 5 MR . BLAZER : Actually, we did . I 6 believe you are referring to -- 7 MAYOR PROCHASKA: You need to speak 8 up so the court reporter can hear you . 9 MR . BLAZER: I believe you are 10 referring to Board Member Jesse Hafenrichter, and 11 we discussed the fact after the meeting that she 12 had frankly not recollected that she had attended 13 every meeting of the Solid Waste Committee when 14 all of these issues had been discussed, and that 15 we had been directed by the Solid Waste 16 Committee, by the Board as a whole and the 17 State ' s Attorney, to go through the nitty-gritty 18 of the negotiations , get to the point where we 19 would have a final draft of the host agreement , 20 we could then bring it to the full Board, and -- 21 can ' t negotiate this without one , so -- 22 There was another board member 23 who -- Mr . Davidson, who also raised a concern 24 about that at that last meeting, and I think DeDo CourtReporting Service(630) 983-0030 219 1 ultimately what happened there , frankly, I think 2 someone acknowledged it was -- and I won ' t go too 3 far down this road -- but the Solid Waste 4 Committee honestly hadn ' t been in touch with the 5 rest of the Board possibly as much as they had 6 wanted to be and Mr . Davidson felt a little bit 7 left out , but I think we resolved that at that 8 meeting by bringing everyone up to date , and 9 everyone knows obviously as you saw at the Waste 10 Committee meeting this Thursday at 1 : 00 o ' clock, 11 there will be a draft host agreement , and it will 12 also be on the agenda for next Tuesday evening ' s 13 full Board meeting . 14 So , again, I think those issues 15 were resolved. I can only suggest that , as I 16 think the applicants represented and suggested, 17 that we not necessarily take everything on paper 18 as gospel , but those issues were resolved, and we 19 had been communicating with the State ' s Attorney 20 and the County Board routinely . 21 We ' ve copied the State ' s 22 Attorney on every single exchange that we ' ve had 23 since the beginning, including my discussions 24 with Mr . Mueller, where I asked his opinions on neon Court Reporting Service (630) 983-0030 220 1 our revisions of our County Siting Ordinance , 2 because Mr . Mueller has not been involved at all 3 in the negotiations of the host agreement , that ' s 4 been taken care of by another one of their 5 attorneys , Mr . Kalsto . Mr . Mueller, frankly, has 6 been MIA since February . 7 MS . SPEARS : Okay . That was not my 8 question . Thank you . 9 I ' d like to know also how many 10 people are on the Solid Waste Committee , how many 11 Board members? 12 MR . BLAZER: Three . 13 MS . SPEARS : Three . And how many 14 Board members do we have for the County? 15 MR . BLAZER : Ten . 16 MS . SPEARS : Ten . Okay . I would 17 not be really comfortable if that information is 18 not relayed to the other members on the Board . 19 And this is what -- I mean, I ' ll call them and 20 speak with them and see . Because that would be 21 the same, we have eight on our Council, and if 22 only three were given privy-to information, I 23 have a problem with that . 24 MR . BLAZER: And, again, I don ' t mann CourtReporting Service(630) 983-0030 221 1 believe that ' s the case, but listen, if you want 2 to address it, but that ' s really not the case . 3 That ' s not what occurred . 4 MS . SPEARS : Well , I ' m not bringing 5 the State ' s Attorney in here because I think she 6 does an excellent job, so I 'm not going to 7 involve her in this . 8 MS . BARNHART : Well, I don ' t mind. 9 MS . SPEARS : I am just -- you know, 10 I have some concerns about the way -- 11 MR. MUNNS : Can we stay on subject 12 here because we can discuss all those when we get 13 to the ordinance . 14 MS . SPEARS : Well , I just -- you 15 know, I have some concerns about the way you did 16 give your presentation . 17 And this gentleman here said 18 also that an attorney can really -- and I can 19 relate to his statement -- can really, really 20 influence your decision, and basically the way 21 you conducted yourself, I just certainly didn ' t 22 appreciate it . And that ' s my opinion . 23 Thank you . 24 MAYOR PROCHASKA: Okay . With that , ^^ r'r,,trt Reporting Service (630) 983-0030 222 1 I would entertain a motion to close this public 2 hearing . 3 MR. BESCO : So moved . 4 MR . JAMES : Second. 5 MAYOR PROCHASKA: Moved and 6 seconded . May I have roll call , please? 7 MS . MILSCHEWSKI : Wolfer . 8 MR . WOLFER: Aye . 9 MS . MILSCHEWSKI : Leslie . 10 MR . LESLIE : Aye . 11 MS . MILSCHEWSKI : Besco . 12 MR. BESCO : Aye . 13 MS . MILSCHEWSKI : Bock. 14 MR . BOCK : Aye . 15 MS . MILSCHEWSKI : Spears . 16 MS . SPEARS : Aye . 17 MS . MILSCHEWSKI : Burd . 18 MS . BURD : Aye . 19 MS . MILSCHEWSKI : Munns . 20 MR . MUNNS : Aye . 21 MS . MILSCHEWSKI : James . 22 MR. JAMES : Aye . 23 MAYOR PROCHASKA: Motion is carried . 24 Don ' t go away, folks , we have one more. public ^�� r:ourt Reporting Service (630) 983-0030 223 1 hearing . 2 I would entertain a motion to 3 go into public hearing for the purpose of 4 discussing vacation of a portion of Sleepy Hollow 5 Road located south of Illinois Route 71 , that 6 part of Sections 14 and 23 , Township 36 North, 7 Range 6 East of the Third Principal Meridian 8 described as follows : That part of Sleepy Hollow 9 Road lying south of the south line of Illinois 10 Route 71 and north of a line which bears south 89 11 degrees 55 minutes 26 seconds west and the 12 easterly prolongation of said line at a point 13 1935 . 49 feet north of the south quarter corner of 14 said Section 23 in Kendall County, Illinois . 15 MR. JAMES : So moved . 16 MR. BOCK: Second . 17 MAYOR PROCHASKA: Moved and 18 seconded. May I have roll call , please? 19 MS . MILSCHEWSKI : Wolfer . 20 MR . WOLFER : Aye . 21 MS . MILSCHEWSKI : Leslie . 22 MR. LESLIE : Aye . 23 MS . MILSCHEWSKI : Besco . 24 MR. BESCO : Aye . nAnn Court Reporting Service (630) 983-0030 224 1 MS . MILSCHEWSKI : Bock . 2 MR. BOCK: Aye . 3 MS . MILSCHEWSKI : Spears . 4 MS . SPEARS : Aye . 5 MS . MILSCHEWSKI : Burd . 6 MS . BURD : Aye . 7 MS . MILSCHEWSKI : Munns . 8 MR. MUNNS : Aye . 9 MS . MILSCHEWSKI : James . 10 MR . JAMES : Aye . 11 MAYOR PROCHASKA: Motion is carried . 12 We are now in public hearing . Is petitioner -- 13 MR . PHILIPCHUCK: John Philipchuck, 14 attorney on behalf of North Star Trust Company, 15 Trust No . 06-9993 , with offices at 123 Water 16 Street, Naperville, Illinois . 17 In the event that the City of 18 Yorkville annexes this property, 759 acres that 19 we recently spoke about, there is a little gravel 20 road that runs between Walker Road and Route 71 . 21 It serves a farm residence . That ' s the only one 22 that ' s located on that road of our -- my client . 23 It is obviously a distance from 24 the balance of the heart of the City . We see no Hann Court Reporting Service(630) 983-0030 225 1 need for that particular road. 2 It ' s our intention to be able 3 to take that residence and those buildings down, 4 and, as a result , we are requesting that the City 5 Council consider the vacation of that road 6 because it doesn ' t make really any sense to 7 continue the ongoing maintenance of that 8 particular road, send plows out there to plow, 9 et cetera , so we ' re asking that you consider a 10 vacation of that road . 11 MAYOR PROCHASKA: Okay . And I ' d 12 open the floor . Sir, do you want to like to come 13 up? 14 MR. PARISH : I guess here again 15 that ' s convenient -- Ron Parish . I live on 16 Route 71 . 17 I do use that road . You know, 18 there is another person here, I own one side of 19 71 , he owns the other . Can we close that road? 20 I ' m the only one who uses it . 21 That ' s exactly what you ' re 22 asking for . I ' m totally against it . We use that 23 road. It ' s not just his road . It happens to be 24 just his house on it . nonn Court Reporting Service (630) 983-0030 226 1 MAYOR PROCHASKA: Thank you . All 2 right . 3 Mr . Gilmour? 4 MR . GILMOUR: Forgive me , I am new 5 at this . You have not approved the annexation 6 agreement on any of these properties that we ' ve 7 talked about? Have you had a vote on that? 8 MAYOR PROCHASKA: No . 9 MR. GILMOUR: No? How can you 10 propose closing a road and voting on that and you 11 haven ' t even annexed the property adjacent to it 12 or it ' s in the City authority? You guys are 13 boggling my mind . 14 MR. PHILIPCHUCK: Sir, I could 15 address that . By statute they ' re really -- 16 they ' re not even required to conduct a public 17 hearing . 18 They ' re going the extra mile 19 here to allow the public to make comment about 20 vacating the road . It ' s not a statutory 21 requirement once the property is annexed . 22 MR. GILMOUR: It has not been voted 23 on yet . 24 MR. PHILIPCHUCK: That ' s correct . Deno Court Reporting Service (630) 983-0030 227 1 That ' s correct , sir, but they are giving you an 2 opportunity and everyone else to make a comment 3 and -- 4 MR . GILMOUR: Could they wait 30 5 days? I mean, would 30 days kill? 6 MR . PHILIPCHUCK: In the event that 7 it ' s decided that they annex the property, it is 8 within their jurisdiction . 9 My client owns both sides of 10 the road, has no need for the road any longer, 11 and is asking that they vacate . 12 MR . GILMOUR: Once again, I ' m amazed 13 at the lightning speed that you people can do 14 business on this particular issue and any other 15 issue it seems like molasses flowing . I ' m done . 16 MAYOR PROCHASKA: Understand 17 everyone has the right to ask the question . Yes , 18 ma ' am. 19 MS . GILBERT : JoAnn Gilbert . I use 20 that road . I don ' t understand this . And if you 21 do vacate it , will that land go to Don Hamann? 22 MAYOR PROCHASKA: It goes to the 23 adjoining land owner, so in the event that he 24 owns both sides , that would happen . neon Court Reporting Service (630) 983-0030 228 1 If it ' s an area where he owns 2 and someone else owns, it would go -- it ' s 3 tentatively split down the center and goes to -- 4 half goes to each side . 5 MS . GILBERT : So -- Okay . But there 6 is cars that do go down that road, granted, not a 7 lot , but people do use that road . 8 MAYOR PROCHASKA: Thank you for your 9 comment , ma ' am. Gentleman in the back . 10 MR . FROST : George Frost from the 11 River ' s Edge again . Quick question on the road I 12 would like to ask the attorney . 13 Did Mr . Hamann ever approach 14 the County with this same proposal -- 15 MR. PHILIPCHUCK : I don ' t -- 16 MR. FROST : -- to vacate the road? 17 Now, that ' s a county road . That ' s a county road 18 right now, it ' s not a village road . 19 MR. PHILIPCHUCK: Sir, I don ' t think 20 that ' s a correct statement . 21 MR . FROST : Pardon me? 22 MR . PHILIPCHUCK: I don ' t think 23 that ' s a correct statement . 24 MR . FROST : I am asking you, what is r),,,,,-, r riurt Reporting Service (630) 983-0030 229 1 correct? 2 MR . PHILIPCHUCK: It ' s not a county 3 road. It ' s a township road . It ' s -- 4 MR . FROST : Governed by the county, 5 though, taken care of and maintained by -- it ' s 6 maintained by the county, correct? 7 MR . PHILIPCHUCK: No, sir . 8 Maintained by the township . It ' s a township 9 road . It ' s a prescriptive right-of-way . It ' s 10 not a dedicated right-of-way . 11 Mr . Hamann owns the underlying 12 feet subject to the right of travel over it . 13 MR. FROST : My question still is did 14 he not ask something of the County about vacating 15 that? 16 MR. PHILIPCHUCK: I don ' t know . 17 MR. FROST : My understanding was 18 that the County told him that he could have it 19 for a million dollars and your -- Mr . Hamann -- 20 MAYOR PROCHASKA: Can I ask the 21 County if you could please produce that 22 documentation? Because I ' ve heard that now three 23 times , that the County would take jurisdiction 24 over a township road and offer money for that . ' " rnurt Reporting Service (630) 983-0030 230 1. MR . BLAZER : I am not aware where 2 this gentleman got his information, with all due 3 respect . 4 The issue of Sleepy Hollow Road 5 has never been raised with us , nor has any 6 subject of money for Sleepy Hollow Road ever been 7 discussed with us , so I really don ' t know where 8 that comes from. 9 MAYOR PROCHASKA: Okay . Thank you, 10 sir . 11 MR. FROST : Okay . 12 MAYOR PROCHASKA: Back in the back 13 there, sir . Yeah, you with your hand up, sir . 14 Yes , sir . 15 MR. THUROW : A new face . 16 (Applause) 17 WHEREUPON : 18 LOUIS THUROW, 19 testified before the Yorkville City Council as 20 follows : 21 MR . THUROW : I am Louis Thurow and I 22 live at 2588 Route 52 , Sheridan, Illinois , and 23 you want to know why I ' m here . 24 The piece of property that DeDo CourtReporting Service(630) 983-0030 231 1 Mr . Hamann is taking into the county with your 2 ordinance, or whatever you ' re taking is , part of 3 the Virginia Wells property, which I represent 4 her . She lives in Pennsylvania . 5 This road that you are talking 6 about is part of our road, too, and how come that 7 they haven ' t been notified -- I am asking this 8 attorney, he knows everything . Tell me why we 9 didn ' t get notified of this . 10 MR. PHILIPCHUCK: We ' re not asking 11 for a vacation of the road adjacent to 12 Ms . Wells ' property . 13 This is only the portion of the 14 road that is adjacent where Mr . Hamann owns both 15 sides . 16 The portion where you share , 17 we ' re not asking for the vacation . 18 MR . THUROW : Yeah, but it does 19 include us . 20 MR. PHILIPCHUCK: No . 21 MR. THUROW: Yes , it does . 22 MR. PHILIPCHUCK: Not the portion -- 23 You still would be able to maintain your access 24 to your farm. Deco Court Reporting Service (630) 983-0030 232 1 MR. THUROW : No, you missed the 2 whole point of it . It still is our road no 3 matter on either end . 4 You didn ' t notify us of this , 5 and I didn ' t get the notice of this hearing very 6 soon . I had to call up this woman that lives in 7 Pennsylvania and tell her two days before I got 8 my letter from your -- registered letter . 9 I feel very insulted . I think 10 you folks are really on a fast track . But I do 11 think that you can show a little respect , 12 Mr . Hamann, to have -- to show her the respect of 13 closing that road . 14 And I don ' t think you ' ve got 15 the right . I think the Township ' s got the right 16 to do it . And I object to this, you taking over 17 or incorporating this adjacent to us . 18 And it adjoins us , the biggest 19 part of it , and it doesn ' t do -- enhance our 20 value or the County at all , or even the Township 21 at all . 22 Thank you . 23 MAYOR PROCHASKA: Thank you . Is 24 there someone else that would like to speak on Depo Court Reporting Service(630) 983-0030 233 1 this subject? 2 MR. MILLIRON : I promise I ' ll be 3 brief . I have concerns about that road being 4 closed because it would prevent the public from 5 monitoring what would be going on on that site if 6 you go forward with what you think you are going 7 forward with . And we ' re all against . 8 MAYOR PROCHASKA: Okay . Is there 9 anyone else that would like to give comment on 10 this particular public hearing? 11 (No response) 12 MAYOR PROCHASKA: Any discussion 13 from Council? 14 MR . PHILIPCHUCK: I just had one 15 more point , Mayor . Sometime back, the culvert on 16 a low spot on the road went out and the Township 17 just closed the road for a long, long time before 18 they finally got around to repairing it and then 19 reopening the road, so I just point that out for 20 your information . 21 MAYOR PROCHASKA: Okay . I would 22 entertain a motion to close this public hearing . 23 MR. BESCO: So moved . 24 MS . BURD: Second . Deoo Court Reporting Service (630) 983-0030 234 1 MAYOR PROCHASKA: Moved and 2 seconded . May I have roll call, please? 3 MS . MILSCHEWSKI : Leslie . 4 MR . LESLIE : Aye . 5 MS . MILSCHEWSKI : Besco . 6 MR. BESCO : Aye . 7 MS . MILSCHEWSKI : Bock . 8 MR. BOCK: Aye . 9 MS . MILSCHEWSKI : Spears . 10 MS . SPEARS : Aye . 11 MS . MILSCHEWSKI : Burd . 12 MS . BURD : Aye . 13 MS . MILSCHEWSKI : Munns . 14 MR. MUNNS : Aye . 15 MS . MILSCHEWSKI : James . 16 MR. JAMES : Aye . 17 MS . MILSCHEWSKI : Wolfer . 18 MR. WOLFER: Aye . 19 MAYOR PROCHASKA: Motion is carried . 20 We are -- That concludes all the public hearings 21 for this evening . 22 (Which concluded the 23 public hearing 24 portion of the neon Court Reporting Service(630) 983-0030 235 meeting . ) 1 ---000--- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 236 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNES WHEREOF I have hereunto set 15 and this / / = day of 16 ,/ , 2006 . 17 18 19 20 / _ K' CHRISTINE M. VITOSH, C . S . R. 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 237 September 26, 2006 $100,00 47:7, 47:7, 146:3 80:15, 86:5 8282 72:21 86:24, 86:24 19 24:13, 25:8, 48 197:24 83 127:12 $100,000 47:6, 47:6, 25:15, 61:12, 84:5, 5 230:22 8417 32:5, 37:8, 49:16, 49:16, 49:22, 147:4, 148:14 50 20:14, 47:8, 61:8, 65:23, 65:24 49:22, 50:7, 50:7 1935.49 223:13 119:11, 205:2 8450 215:13 $2 205:1 1:00 219:10, 219:10 50/5 201:13 8675 70:17 $2.5 204:19 2 223:6 50/50 200:17, 200:17 8714 65:22 $2.50 204:24 20 6:1, 6:2, 55:8, 511 138:23 8730 44:14, 129:9 $25,000 191:3, 191:3 152:21 514 95:14 89 223:10 $30,000 191:8, 200 78:19, 82:2, 53 86:2, 86:6 8th 135:19, 171:6, 191:8, 192:2, 192:2 97:1, 97:2, 97:6, 97:6 55 10:24, 14:13, 171:15, 189:5, $300,00 50:1, 50:1 2005 82:4 223:11 203:17 $4 190:24 2006 189:11 553-4350 184:21 9 118:1 $4,000,00 122:13, 2006-4 7:18, 125:2 581 43:7, 134:10, 9-20 196:2 122:13, 122:13 2006-44 75:1, 75:4 186:14 90 117:15 $4,000,000 196:4, 2006-6 4:6, 154:22 6 223:7 196:4, 196:4 2006-7 76:5 609 188:3 $50,000 50:1, 50:1 2006-71. 74:14 61 22:18 < A> $500,000 47:22, 2006. 236:18 6165 35:5 A-1 7:23, 7:24, 15:1, 47:22, 49:14, 49:14, 2012 164:1 65 149:18 15:5, 44:7, 76:11, 58:17, 58:17, 86:18, 2047 114:13 7 19:23, 76:16, 125:7, 155:3, 155:4, 86:18, 86:20, 86:20, 21 41:8 155:9, 156:20, 157:8, 157:1, 157:3, 157:4, 86:21, 86:21 23 29:3, 223:14 159:24, 194:20, 163:11, 163:18 $750,000 58:19, 25 192:15 194:21, 223:5, abdicating 189:2 58:19 25,00 47:8, 47:8 225:19 ability 105:21 ---o0o--- 235:2 255 9:24 71 8:5, 10:1, 12:10, able 16:9, 63:24, 06-1 168:22 258 8:5 19:24, 21:14, 66:9, 72:4, 79:3, 101:17, 06-16 167:15 2588 230:22 70:21, 71:1, 71:6, 179:22, 192:20, 06-999 76:6, 78:1, 25th 128:6 71:22, 78:3, 86:7, 205:10, 211:6, 214:7, 154:23, 224:15 26 217:13, 223:11 125:16, 127:13, 225:2, 231:23 06-9993 156:13 27 195:19, 198:3 127:18, 131:10, abomination 20:13, 084-002883 236:24 30 51:20, 227:4, 156:21, 163:9, 85:15 1,258 4:13, 4:13 227:5 185:24, 194:17, above 135:9, 166:20 100 61:8, 201:15 30-day 119:2 200:2, 214:17, above-entitled 1:7 11571 19:23 30-mile 119:16 223:10, 224:20, absolute 148:4 119th 51:19 30th 51:20 225:16 absolutely 85:15 123 77:23, 156:11, 34 4:14, 67:10, 80:9 75 86:11 abundantly 213:17 224:15 36 223:6 759 103:1, 224:18 accede 166:4 14 223:6 38 112:11, 195:23 759.7 155:8 accept 8:11 15 67:1, 100:20, 39.2 167:11, 167:16 760 156:16, 163:5 access 12:14, 117:7, 172:7, 177:21 3:00 26:14, 26:14 7:00 1:9, 1:9 231:23 15-acre 78:1 4 86:2, 117:12 7th 175:18, 205:7 accordance 17:23, 15.32 76:15, 82:6 4.2 204:20 80 125:15, 128:18, 81:7, 190:16 15th 18:3 40 85:10, 136:23 133:24, 151:17, account 121:1, 16 203:18 40-acre 17:11 151:20, 152:8, 180:1 121:1 17 31:10 400-foot 159:6 800 1:9 accountable 123:8 1700 127:2 47 20:13, 20:13, 8190 150:10 accustomed 57:5 180 117:19, 146:1, 63:6, 66:17, 80:12, 8262 184:3 acknowledge 10:15 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 238 September 26, 2006 acknowledged 129:17, 141:13, Agency 136:12 129:23, 163:12, 219:2 166:2, 209:6, 216:18, agenda 19:15, 34:3, 226:19 Acorn 112:12 216:23, 221:2, 59:1, 74:2, 90:11, allowed 158:9, acres 8:5, 9:24, 226:15 91:21, 118:7, 165:6, 182:14, 187:2 10:24, 14:13, 51:6, addressed 24:17, 196:23, 197:19, allows 79:7, 79:21 76:15, 82:6, 100:20, 104:12, 192:5, 192:9, 197:24, 198:13, almost 139:2, 103:1, 125:15, 205:17 198:21, 208:13, 173:23 127:12, 128:18, addressing 174:7 209:13, 219:12 alone 123:12 133:24, 151:17, adequately 170:23 ago 83:8, 83:12, already 11:7, 21:9, 151:20, 152:8, 155:8, adhere 133:6 85:22, 88:16, 139:2, 21:16, 30:9, 35:14, 156:16, 163:5, adjacent 149:3, 140:17, 146:1, 43:12, 43:18, 43:18, 224:18 226:11, 231:11, 146:13, 146:19, 44:1, 44:2, 86:8, across 12:9, 39:5, 231:14, 232:17 180:23 86:13, 187:1, 187:5, 51:24, 63:11, 150:10 adjoining 23:14, agree 37:1, 73:9, 212:12 Act 57:2, 103:5, 26:5, 227:23 142:22, 165:15, alternative 52:17 118:18, 167:12, adjoins 232:18 165:17, 165:23, Although 10:10, 167:16, 180:19, adjourned 108:15 166:4, 166:12 15:9 188:15, 188:18, adjustment 13:9 agreeable 95:19 amazed 227:12 203:22, 213:10 administrative agreed 176:10, amended 181:2 acting 54:14 121:24 183:4, 191:22, amendment 15:17 action 122:2, 123:1, Administrator 2:10, 191:23 American 54:8 123:3 45:11, 172:11 agreeing 165:14 among 50:5, 118:19, active 165:11 admitted 210:18 agreement. 167:2 175:23 activities 15:14 adopt 95:20, 134:20, agreements 41:10, amongst 85:22 actual 29:22, 71:20, 150:24, 190:12 41:16, 41:23, 62:5, amount 45:23, 47:6, 74:2, 91:20, 107:14 adopted 78:18, 82:3, 63:24, 98:11, 137:7, 47:10, 47:17, 50:13, Actually 13:2, 33:20, 107:1, 107:13 137:8, 143:5, 143:23, 50:14, 159:21, 39:23, 51:5, 51:23, adopting 150:18 147:15 175:23, 176:2, 177:4 58:15, 59:13, 69:19, adopts 109:13 Agricultural 7:24, amounts 46:9, 46:9, 92:4, 93:14, 98:10, advance 171:24 11:11, 11:14, 14:24, 113:15 106:13, 115:15, advantage 12:13, 15:13, 44:7, 125:7, anguish 179:2 144:3, 146:17, 80:8, 80:23, 138:11, 155:4, 160:21 ANN 2:9 147:22, 159:19, 138:15 agriculture 10:17 annex 9:21, 13:13, 171:15, 194:10, advice 183:15 ahead 29:22, 37:7, 14:7, 25:12, 41:18, 196:22, 206:14, advise 164:17, 43:16, 162:2 52:9, 61:22, 66:18, 209:7, 215:22, 170:11 Albert 17:7 68:10, 68:18, 72:2, 215:23, 218:5 advised 56:12, Alderman 2:3, 2:4, 78:8, 79:6, 79:14, add 135:8, 147:21, 169:5, 172:18, 174:1, 2:6, 2:7, 2:8, 2:9, 93:14, 128:1, 146:21, 177:8, 181:13 174:23 69:13, 186:5 148:2, 152:3, 182:18, adding 137:6 advisory 53:23 Aldermen 32:9, 209:11, 211:5, 227:7 additional 135:2, affect 13:7, 59:6, 56:13, 82:19, 118:12 annexations 23:23, 135:8, 137:15, 66:16 Alderwoman 2:5 81:5, 97:6, 99:4, 190:23 affected 66:22 alignment 131:9, 113:17, 141:11 address 3:22, 16:2, aforesaid 236:14 132:1, 132:9, 132:12, annexed 10:7, 65:13, 65:18, 70:15, afternoon 6:1, 6:2 132:13, 132:15, 10:23, 21:21, 21:22, 72:11, 99:21, 100:6, Ag 157:1 163:7, 163:9 31:15, 32:15, 32:18, 102:16, 104:7, Ag-1 29:18, 199:4, Allegiance 3:9, 3:10 37:4, 41:24, 42:14, 104:11, 119:8, 199:7 allow 28:17, 80:24, 49:3, 59:9, 79:20, • Depo Court Reporting Service (630) 983-0030 Yorkville City Council 239 September 26, 2006 80:4, 86:8, 86:14, 34:12, 34:21, 60:21, 98:5, 99:24, 130:10, arteries 12:11 98:2, 99:19, 111:19, 95:3, 115:12, 150:5, 167:9, 167:10, ARTHUR 2:2 112:22, 127:6, 135:6, 179:6, 206:3, 212:24, 167:13, 167:20, article 120:11, 196:2 146:13, 153:2, 184:5, 230:16 169:7 articles 171:12 209:21, 210:3, applicable 117:6 approve 81:17, articulately 188:12 215:16, 226:11, applicant 53:13, 116:16 aside 209:24, 226:21 78:8, 156:23, 173:20 approved 34:1, 209:24, 210:5 annexes 224:18 applicants 177:4, 115:2, 115:2, 117:20, asks 73:21, 86:18, annexing 11:21, 192:14, 203:10, 142:23, 142:24, 110:4 20:9, 24:7, 32:15, 219:16 149:6, 150:2, 191:12, Assembly 180:13, 157:4 application 4:7, 226:5 180:22 answered 38:24, 7:19, 9:20, 11:1, approximately 4:13, assigned 99:3 61:16, 93:19, 201:5 25:9, 25:10, 36:1, 9:24, 71:8, 76:15, assigning 11:5 answers 90:21, 36:2, 36:23, 37:2, 125:15, 128:18, assist 49:11, 164:17 150:19, 151:1, 151:7 37:3, 44:18, 45:20, 155:8, 156:16, assisting 52:18 anticipate 213:17 49:1, 58:16, 61:24, 156:19 associated 171:13 anticipated 96:24, 76:7, 117:9, 117:13, April 205:7 assuming 191:11 127:16, 164:1 117:16, 118:11, area 14:18, 19:10, assure 89:24, 175:4, anticipates 131:20 125:3, 142:5, 154:24, 36:10, 38:8, 39:16, 180:9, 181:8 anxious 114:24 160:6, 160:23, 165:4, 42:8, 42:10, 42:11, attached 168:13 Anybody 17:15, 167:8, 167:20, 51:11, 71:2, 79:10, attachment 128:16 21:12, 22:7, 31:21, 169:15, 169:18, 82:7, 98:15, 100:10, attack 164:21 38:12, 46:18, 59:18, 179:15, 181:10, 129:1, 129:13, attended 218:12 88:4, 107:6, 110:7, 182:2 129:19, 131:13, attention 12:20, 110:10, 120:15, applications 29:17, 146:2, 150:3, 158:4, 82:23, 82:24, 83:3, 123:21, 139:18, 179:17, 188:23 158:13, 158:14, 83:4, 83:21, 88:12, 139:19, 153:12, applied 47:17, 158:15, 158:23, 90:1, 146:14, 174:9 162:6, 200:5, 200:22, 119:17, 158:5, 162:23, 163:2, attest 37:11 202:5, 209:6 209:12, 213:14 172:17, 179:10, attorney-at-law 9:17 anyway 36:14, 54:7, applies 149:7, 186:23, 187:5, attorneys 166:24, 118:7 178:20, 180:24, 211:18, 228:1 167:4, 171:2, 176:18, apologize 150:23, 181:1 areas 51:14, 51:15, 220:5 174:7, 201:10 apply 137:2, 169:6, 57:15, 79:9, 79:15, AUDIENCE 3:13, apparent 172:15 199:20, 214:1 80:1, 80:22, 119:10, 6:7, 26:18, 27:9, apparently 67:17 appreciate 67:21, 168:18, 169:1, 176:1 31:3, 34:12, 44:4, appeal 53:13, 54:11, 82:18, 182:12, 193:9, argument 29:10, 91:12, 174:3, 176:13, 169:18 206:10, 221:22 153:5 192:12 appeared 2:16 appreciated 66:19 arises 172:2 audio 18:8, 50:9 appears 177:17, approach 228:13 arm 138:10 August 18:3, 18:12 212:10 approached 19:11, around 19:10, 30:2, Aurora 127:3, appellate 54:15 21:12, 39:7, 44:2, 39:17, 39:21, 40:6, 127:23 Appendix 168:19, 171:16 40:12, 51:14, 55:12, authority 134:11, 168:20 appropriate 15:10, 59:20, 60:6, 66:20, 134:20, 135:3, 135:8, applaud 34:16 131:6, 132:18, 135:24, 170:18, 137:16, 213:11, applauding 34:13 163:12 174:6, 181:8, 233:18 226:12 Applause 16:7, 22:1, appropriately Art 23:13, 48:8, 61:5, authorized 86:21, 25:16, 26:9, 26:13, 193:12 92:3, 112:17, 197:6, 170:10 26:20, 27:1, 28:14, Approval 9:20, 81:6, 197:16, 200:24 avail 99:17, 101:9 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 240 September 26, 2006 available 101:13, bad 31:17, 38:4, 202:7 best 34:11, 97:2, 132:4 122:6, 174:6, 188:8 begin 99:11, 198:21 97:4, 109:8, 143:22, Avenue 43:8, bags 157:19 beginning 33:9, 160:8, 178:9, 178:17, 134:10, 186:15 balance 11:9, 23:9, 171:17, 191:21, 181:11, 187:7, avoid 170:3, 178:23, 49:19, 53:2, 139:23, 219:23 193:20, 207:6, 179:1, 179:1 140:2, 140:3, 140:5, behalf 2:16, 10:8, 212:22, 214:20, avoidable 178:24 140:8, 145:6, 224:24 50:11, 166:19, 167:5, 217:12, 218:1 avoiding 182:19 balanced 57:8 216:5, 224:14 better 25:19, 52:22, aware 68:22, 69:13, balances 54:9, behind 23:18, 24:7, 66:14, 72:4, 72:7, 141:6, 185:6, 185:9, 54:10 48:14 96:14, 120:19, 230:1 balancing 57:2, Believe 4:3, 11:21, 120:19, 165:2, away 51:6, 55:9, 122:20, 145:20 12:15, 23:2, 23:2, 165:19, 178:10, 58:23, 107:23, 141:4, Banks 18:21, 18:24, 36:19, 56:23, 57:7, 179:24, 180:4, 180:5 142:20, 143:6, 144:9, 18:24, 38:22, 38:22, 60:1, 70:20, 73:1, Beverly 7:18, 9:19 152:20, 195:24, 39:14, 40:8, 40:22, 73:21, 83:5, 89:12, beyond 40:17, 135:9 222:24 150:9, 150:9 94:17, 97:23, 100:7, bias 109:6, 109:12, awfully 194:18 Barb 215:9, 215:12 100:8, 106:5, 112:17, 110:2 BARNES 35:2, 35:5, 113:1, 127:21, 139:3, bidding 24:19 35:5, 52:8, 54:2, 141:3, 149:8, 166:16, big 38:7, 39:15, 54:24, 211:4, 211:21 182:22, 199:13, 52:1, 61:11, 147:13, B-3 4:10, 7:24, 8:1, BARNHART 47:22, 208:16, 209:6, 218:6, 162:1, 201:13 10:24, 14:14, 17:12, 166:8, 167:4, 172:9, 218:9, 221:1 bigger 69:20 17:20, 18:15, 20:22, 211:16, 221:8 belongs 38:14 biggest 232:18 39:1, 76:11, 78:15, base 84:20, 84:24, below 47:8, 113:7 Bill 108:9, 184:19 82:8, 110:15, 116:14, 84:24, 85:8, 85:8, benefit 40:13, 101:6, Billachuck 210:11 125:11, 127:8, 87:23, 98:22 121:11, 127:22, Billchuck 102:16 127:11, 128:20, Based 56:24, 63:24, 143:3, 143:4 bills 108:7, 192:2, 149:10, 151:20, 98:24, 113:23, benefits 54:17, 192:3 151:23 131:24, 152:12, 121:19 Birch 31:8, 31:10, baby 111:4 163:6, 163:16, Berman 196:7 31:10 Back 18:10, 18:15, 182:19 berms 19:3 bit 48:1, 219:6 18:18, 31:3, 31:5, Basically 14:4, 29:4, Bernadette 114:13 blame 164:22 38:13, 58:2, 58:20, 36:14, 130:20, BESCO 2:8, 4:21, Blaze 186:17 59:14, 59:15, 64:4, 146:14, 221:20 4:22, 7:10, 7:11, 9:4, block 67:9 69:6, 82:16, 83:9, basis 201:1 9:5, 26:22, 27:20, blow 175:5 84:4, 91:1, 91:24, Batavia 51:10, 59:19 27:21, 65:6, 69:14, blowing 35:14, 92:14, 132:9, 145:24, bath 111:4 75:20, 75:21, 77:8, 59:20 148:21, 150:2, 150:7, Beach 134:23, 135:2 77:9, 124:3, 124:15, Board 10:10, 30:15, 158:6, 158:8, 166:12, bears 223:10 124:16, 126:9, 54:2, 60:20, 85:22, 174:19, 182:22, beautiful 139:5 126:10, 153:23, 104:12, 118:12, 187:4, 189:19, 205:4, became 191:10 154:9, 154:10, 134:6, 134:16, 206:7, 209:14, 228:9, become 18:11, 57:5, 155:11, 155:21, 134:19, 139:15, 230:12, 230:12, 118:13, 171:4 155:22, 204:5, 222:3, 167:8, 167:18, 233:15 becomes 59:11 222:11, 222:12, 169:20, 170:13, backdoored 60:6 began 171:21, 223:23, 223:24, 172:9, 173:12, background 58:13 175:11, 189:10, 233:23, 234:5, 234:6 179:19, 186:18, backyard 37:16, 189:14 Besides 94:12, 200:23, 207:3, 210:23 begging 87:13, 136:17, 212:9 207:13, 212:20, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 241 September 26, 2006 217:18, 217:21, brief 81:13, 233:3 124:22, 126:15, candy 23:14, 26:4 218:4, 218:10, briefly 193:11 126:16, 146:12, cap 85:13 218:16, 218:20, bright 63:10 146:22, 147:3, capacity 120:9 218:22, 219:5, bring 11:23, 39:16, 153:24, 154:15, car 86:10, 110:5 219:13, 219:20, 40:11, 57:7, 85:4, 154:16, 156:3, 156:4, care 57:13, 88:3, 220:11, 220:14, 86:7, 140:15, 145:12, 222:17, 222:18, 88:10, 184:15, 185:2, 220:18 158:20, 198:24, 224:5, 224:6, 233:24, 185:22, 220:4, 229:5 Boards 135:7 206:19, 218:20 234:11, 234:12 CARLSON 138:20, boat 138:12, 144:18 bringing 10:6, 63:13, burden 79:19 138:23, 138:23, Bob 102:14, 210:9 84:21, 140:23, 219:8, burdens 79:14 139:21, 140:7, BOCK 5:11, 5:12, 221:4 Burr 141:6 140:11, 140:14, 6:17, 7:8, 7:9, 8:13, Bristol-kendall 13:1, Business 4:11, 8:1, 141:12, 142:3, 142:7, 9:6, 9:7, 27:18, 73:12, 100:14, 10:24, 11:6, 17:12, 142:14, 144:12, 27:19, 75:22, 75:23, 100:22 26:4, 29:20, 42:8, 145:2, 146:9, 146:20, 76:18, 77:10, 77:11, broader 117:2 42:15, 42:19, 51:14, 146:24, 147:4, 124:17, 124:18, Brockovich 210:22 76:12, 104:7, 104:11, 147:11, 148:1, 148:8, 125:21, 126:11, broken 24:11 125:11, 196:16, 148:11, 148:17 126:12, 154:11, brought 12:20, 196:16, 227:14, Carol 17:6, 112:8, 154:12, 155:23, 39:22, 57:21, 83:1, 236:8 112:11 155:24, 222:13, 105:23, 159:13, businesses 51:2, carried 5:13, 7:12, 222:14, 223:16, 160:3, 197:17 51:21, 89:22, 102:21 9:8, 76:2, 77:14, 224:1, 224:2, 234:7, BROWN 157:18, buyers 79:23 124:23, 126:17, 234:8 183:24, 184:3, 184:3, 154:19, 156:7, body 43:17, 113:14, 184:10, 184:18, 222:23, 224:11, 167:18 184:20, 184:23, < C > 234:19 boggling 226:13 185:6, 185:9, 185:19, C. 42:13 carry 159:8, 173:6 book 83:16 186:2, 186:11 C.S.R. 1:8, 236:23 carrying 79:18 border-to-border buck 195:19, California 134:24 cars 86:13, 228:6 181:6 195:19, 198:3 Call 3:5, 4:20, 6:19, case 24:11 , 36:19, borders 40:18 buffer 17:23 8:15, 27:4, 27:11, 48:23, 54:14, 113:10, Borneman 7:19, buffering 17:18 38:3, 38:4, 74:18, 118:15, 147:9, 9:18, 9:19, 9:19, build 137:2, 176:2 75:9, 76:21, 83:2, 152:17, 167:24, 17:5, 19:2, 48:4, 78:5 builder 109:4 85:22, 88:19, 111:12, 221:1, 221:2 Bornemans 9:18, building 29:19, 111:14, 121:21, cash 41:12, 42:3, 9:23, 18:10, 19:9, 41:13, 42:3, 98:5, 122:23, 124:6, 42:9 20:19, 42:18, 194:22, 107:12, 133:5, 137:1 125:24, 154:2, cast 93:4 194:23, 195:2 buildings 136:20, 155:14, 170:9, cat 206:23 bottle 194:1 225:3 174:22, 184:14, causing 37:20 bottom 181:9 built 18:14, 21:18, 184:21, 185:23, caution 67:14, 89:14 bound 176:22 85:1 217:9, 220:19, 222:6, cautioning 89:6, boundaries 79:1, bulletproof 144:4 223:18, 232:6, 234:2 89:7 79:5, 180:15 bully 189:1 called 23:21, 83:12, cautious 161:23 boundary 70:23, BURD 2:5, 5:7, 5:8, 88:23, 172:4, 174:21 ceases 26:17 71:4, 127:15, 162:22 7:4, 7:5, 8:18, 8:19, calling 15:18 Center 4:15, 228:3 boy 52:2, 52:2 27:14, 27:15, 46:24, calls 61:9, 61:16, cents 191:2, 191:19, brand 145:3 47:3, 74:19, 74:20, 78:17, 111:20 205:2 break 21:6 75:10, 75:11, 76:22, candidate 30:9, certain 121:14, breathe 84:12 76:23, 124:4, 124:21, 212:17 136:6, 138:8 Deoo Court Reporting Service (630) 983-0030 Yorkville City Council 242 September 26, 2006 certainly 39:10, 236:23 91:13, 91:16, 124:1, 188:8, 192:8 72:9, 115:5, 133:11, Church 118:14, 153:22, 215:4, 222:1, commercial 14:21, 159:3, 160:2, 161:1, 172:9 225:19, 233:22 20:21, 79:15, 79:20, 221:21 circumstance 50:4 closed 3:17, 23:18, 80:5, 80:10, 80:14, Certified 236:7 circumvent 59:14 37:13, 51:20, 233:4, 82:8, 99:1, 99:7, cetera 225:9 citation 180:20 233:17 134:16, 139:17, chain 23:15, 26:6 cite 105:22 closest 67:13, 89:11, 140:5, 140:6, 144:22, chair 183:16 cities 188:20, 190:15 89:12 145:7, 208:3 Chairman 106:15, citizens 12:1, 24:1, closing 176:12, Commission 13:21, 172:9 24:17, 57:22, 79:12, 226:10, 232:13 13:24, 14:1, 14:5, chairs 92:20 127:1, 147:1, 157:22, Coan 149:15, 14:16, 78:13, 81:14, challenge 56:17, 207:24, 215:22 149:18, 149:18 89:16, 89:17, 89:18, 93:5, 94:20, 94:23, civics 135:20 Code 45:12, 45:13, 92:24, 95:11, 102:12, 143:2, 145:18, claim 191:6 107:3, 107:14, 112:9, 128:5 192:20 clapping 26:17 107:20, 184:17, Commissioner challenging 56:13 clarification 13:16, 184:17, 213:10 108:19 chambers 170:8 81:23 codes 107:1, commitment 56:14, chance 200:17, clarify 112:15 107:12, 121:6, 137:1 56:18 216:10 clarity 110:23 coincide 132:17 commitments 56:24 change 10:20, 13:6, class 20:22, 140:23 collects 49:20 committed 101:15 17:14, 21:4, 29:17, classification 10:12, colored 14:16 Committee 34:11, 29:23, 33:9, 50:5, 10:21, 11:6, 11:11, comes 25:12, 37:14, 123:7, 218:13, 149:24, 150:2, 14:14, 15:1, 15:11, 51:13, 63:16, 96:9, 218:16, 219:4, 170:19, 182:9, 82:9, 128:19, 129:21, 107:4, 116:24, 219:10, 220:10 213:10, 217:1, 217:6 129:22, 130:7, 122:15, 134:16, common 108:11, changed 18:12, 130:13, 131:2, 158:5, 230:8 108:16, 202:22 34:2, 105:8, 144:4, 163:16 comfortable 212:18, Commonwealth 168:9 classifications 213:21, 220:17 159:5 changes 82:13 11:12, 131:23 coming 22:19, communicate 218:3 changing 199:8 classified 10:24 34:15, 59:15, 67:16, communicating charged 89:9, 89:15 clean 35:20, 49:12 80:24, 84:7, 110:14, 219:19 charm 56:22 cleaned 20:16 115:7, 139:4, 140:4, communication chastised 83:7 cleaning 20:16 140:16, 153:4, 158:3 175:19 chastising 89:6 clear 50:21, 93:7, commencing 171:19 communities 40:21, cheap 203:11 191:10, 213:8, comment 63:4, 145:22, 190:18, cheaper 45:21 213:12, 213:17, 90:21, 119:4, 119:4, 212:9 check 85:12, 185:1, 214:3 141:16, 142:10, community 57:1, 195:12 clerical 13:8 142:13, 142:15, 57:4, 57:5, 63:12, checking 207:7 Clerk 2:12, 166:9, 153:18, 176:12, 80:11, 139:11, 140:1, checks 54:9, 54:10, 166:17, 168:15 226:19, 227:2, 228:9, 140:23, 159:15, 185:23, 191:8 client 191:4, 205:4, 233:9 159:18, 159:20, cheering 26:17 224:22, 227:9 comments 3:23, 167:2, 170:18, 190:8, Chicago 122:24 clients 127:24, 15:23, 31:24, 62:24, 190:9, 192:23, children 6:1, 63:14 203:9 88:13, 90:3, 123:22, 193:20, 215:21, choose 39:12, 133:8 clippings 37:19 139:9, 153:9, 164:3, 216:7 chose 85:13, 197:14 close 6:14, 31:1, 165:4, 165:18, companies 133:8 CHRISTINE 1:8, 67:23, 74:13, 75:4, 166:18, 183:20, Company 17:1, 76:5, 41:4, 41:7, 236:6, 88:20, 88:24, 89:10, 186:8, 186:9, 186:16, 77:24, 133:2, 154:22, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 243 September 26, 2006 156:13, 224:14 160:13 construed 188:19 copied 219:21 compared 146:18 conduct 13:22, contact 58:12, copies 13:2, 13:3 compelled 202:18 81:14, 188:21, 118:10, 174:17 copy 12:16, 166:15, competition 24:20 226:16 contain 137:7 167:22, 168:10 complaining 144:6 conducted 78:5, contains 236:14 core 85:10 complains 159:15 82:2, 118:9, 128:5, contents 50:3 corner 4:14, 14:19, complaints 123:9, 221:21 context 176:15 64:12, 78:2, 110:15, 144:7 confidence 113:21 contiguous 10:4, 127:13, 223:13 complete 166:15 confirm 112:23 78:4, 96:19, 96:21, corporate 79:1, completely 82:6, conflict 105:18 127:9 79:5, 100:9 165:18, 202:20 confusing 142:2 continuation 28:14, Correct 45:14, 46:5, complex 170:23, congestion 57:14 163:13 46:6, 73:2, 96:12, 176:17 connect 26:6 continue 26:13, 100:2, 108:4, 108:8, complicated 176:19, connecting 198:18 26:21, 28:2, 29:17, 137:3, 146:16, 152:1, 176:24 connection 127:5, 47:14, 79:12, 115:5, 160:23, 181:23, component 203:19 167:7 157:12, 225:7 182:9, 182:15, components 80:14 consensus 175:1 continued 175:8, 182:16, 195:20, compost 37:10, conservation 57:14 175:13 226:24, 227:1, 37:11, 84:11, 111:13, consider 11:5, 81:4, continues 40:17 228:20, 228:23, 157:15, 184:12, 181:10, 214:21, continuing 79:14 229:1, 229:6, 236:13 186:22, 187:4 216:13, 225:5, 225:9 contrary 193:15 correspondence composting 37:23, considerable 190:23 Control 53:3, 54:20, 168:11 72:4, 158:2 consideration 70:1, 62:18, 62:19, 72:5, CORRINGTON 70:6, Comprehen 29:11 78:11, 90:24, 91:20, 72:9, 79:21, 107:11, 70:9, 70:16, 70:16, concept 147:23, 92:8, 96:3, 123:14, 109:14, 117:11, 71:7, 71:13, 71:17, 152:4 206:20, 208:1 121:12, 122:11, 71:23, 72:13 conceptual 132:16 considered 113:3, 122:15, 122:18, cost 46:14, 46:19, concern 18:4, 18:16, 138:10, 167:17, 135:7, 136:5, 141:19, 86:17, 86:19 56:21, 109:6, 139:7, 199:5 142:16, 143:17, costing 60:9 147:13, 173:14, considering 176:7, 143:21, 143:22, costly 177:1 215:15, 215:18, 180:3 145:13, 162:3, 162:6, costs 46:2, 49:24, 218:23 consignment 158:21 162:8, 167:14, 58:20, 203:1 concerned 109:12, consistent 11:1, 167:21, 169:19, Cotswold 22:18, 203:13 11:13, 11:22, 14:20, 176:4, 182:7, 187:17, 41:8, 149:18 concerning 166:20, 15:9, 82:9, 127:20, 188:22, 189:18 counsel 108:3, 167:1, 168:21 128:24, 130:8, controlling 141:17 164:15, 202:17 concerns 22:7, 132:14, 163:18, convenient 225:15 count 57:1 22:23, 182:22, 163:19 conversation 108:13 counties 136:1, 221:10, 221:15, consists 4:12, 8:4, conversations 99:11 180:13, 188:15 233:3 76:14, 125:14, convince 121:2 country 55:14 concluded 234:22 127:11, 155:7, convolutes 52:20 Countryside 139:4 concludes 234:20 156:15 cook 30:8 County-wide 181:3 condition 143:23 constituents 61:9, cooperate 172:19, Couple 13:20, 16:8, conditioned 121:17 216:2 174:15, 175:6, 207:2, 20:3, 32:7, 56:16, conditions 54:16, Constitution 135:21 209:1 62:10, 64:19, 113:7, 117:23, 142:21, constrictive 176:20 cooperation 172:13 120:17, 199:14, 142:24, 143:2, 144:1, constructing 132:3 coordinator 45:10, 202:19, 214:7 144:3, 147:19, construction 29:20 184:11 couples 147:7 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 244 September 26, 2006 course 11:14, 12:4, dated 76:6, 154:22, deduction 204:22 designed 53:8 117:21, 133:8 168:22 deemed 117:20, desire 27:2 court 54:15, 60:10, Davidson 218:23, 131:6 desk 14:2 218:8 219:6 defeated 28:14, destiny 79:4 cover 202:21 Day 118:1, 118:12, 32:16 detail 132:8, 137:13 coverage 100:9 150:13, 171:14, defer 52:14 detailed 203:17 covers 70:21 207:20, 210:21, Define 204:3 detained 42:4 Craig 7:18, 9:19 236:17 definitely 151:23 deteriorate 114:22 creating 159:19 days 24:14, 25:8, degree 175:20 determination Creek 58:9 25:15, 61:12, 84:5, degrees 223:11 122:9, 167:19, 178:8, crews 157:19 92:5, 114:3, 117:15, Del 63:9 180:23, 181:2 criteria 17:22, 53:1, 117:19, 147:5, deliberately 68:17 determine 179:23 53:2, 53:6, 54:7, 148:14, 152:21, delivered 13:4, determined 116:21, 161:17, 166:3, 192:15, 227:5, 227:5, 188:12 133:16 167:17, 176:21, 232:7 demand 97:3, 175:8 determines 79:7, 183:6, 192:21, 193:2, deal 23:17, 137:5, demanding 175:23 96:8 211:15, 213:15, 146:6, 175:1, 196:4, demerits 179:23 determining 200:12 214:1 203:6 democracy 24:10 Dettmer 184:19 criterias 59:24 dealing 43:22, 48:5, density 15:3 develop 15:12, critical 101:13, 65:7, 65:14, 105:11, deny 112:24 17:21, 42:11, 42:22, 171:22 110:20, 181:22 Department 37:24, 98:1, 159:19, 193:18 CROIS 2:10 dealings 17:7 100:24, 101:8, developed 39:23, crops 158:11 deals 73:18, 106:7, 105:13, 105:15, 42:5, 101:17, 192:17 cross-examine 4:2, 183:5, 184:12 105:17, 111:3, developers 25:19, 192:16 DEAN 2:6 217:10 64:1, 101:20, 119:15 CSR 236:24 debate 23:19, 91:1 depend 103:15 developing 133:1 culvert 233:15 December 132:7 depending 50:2, development 41:13, curiosity 32:8, 217:5 decide 53:14, 97:6 42:23, 51:14, 64:15, current 24:20, 113:19, 144:2, 175:6, depends 62:10 79:16, 96:8, 96:9, 107:5, 162:23, 191:12, 213:19 depiction 128:17 97:3, 97:7, 97:10, 163:19, 186:21 decided 23:13, deposit 46:3, 46:11, 97:12, 97:13, 98:16, currently 10:3, 53:17, 67:17, 130:1, 47:11, 47:15, 49:14, 98:20, 99:7, 101:14, 10:16, 72:3, 80:13, 133:5, 187:2, 227:7 49:16, 50:18, 50:20, 131:20, 133:3, 128:22, 157:3 deciding 53:15 122:3 145:14, 146:5, curves 71:3 decision 53:10, deprive 188:19 147:14, 147:23, cut 166:12 53:24, 54:15, 63:23, derives 169:13 159:2, 163:14, cuts 58:24, 159:20 67:17, 117:18, Derke 2:19, 49:6, 180:16, 186:23, 117:18, 118:11, 49:10, 120:4, 142:11, 189:12 119:6, 140:5, 161:11, 177:3, 199:14 developments < D > 161:20, 169:19, describe 34:12 80:13, 115:1, 147:10, D-805106 1:24 177:14, 186:18, described 166:21, 147:20 D. 202:11, 217:13 186:21, 187:9, 170:22, 199:22, develops 42:7 damages 122:10 187:12, 200:12, 223:8 dial 38:2 dance 181:8 221:20 describing 52:14 Diane 125:2, 127:5 dare 165:12, 182:24 decisions 57:8 design 97:11 dictate 136:23 Darrel 183:24, 184:3 decline 110:9, designated 11:7, DIETER 55:24, 56:3, date 24:12, 25:7, 114:23 14:18, 79:23, 80:5, 56:4, 151:15, 151:15, 219:8 dedicated 229:10 82:7 152:2, 152:6, 152:8, Deco Court Reporting Service(630) 983-0030 Yorkville City Council 245 September 26, 2006 152:10, 152:18, 196:20, 197:10, 152:4, 162:2, 183:13, 106:14, 131:7, 230:2 152:23, 153:8 198:14, 199:1, 199:2, 185:19, 192:23, dug 85:12 difference 48:2, 209:13, 233:12 195:3, 195:17, duly 236:6 50:19, 181:22, 182:5, discussions 90:14, 227:15 dump 35:13, 35:16, 213:13, 213:20, 167:1, 171:22, door 59:14, 139:12, 84:9, 119:9, 123:12, 214:4, 214:10 173:19, 173:22, 190:8 134:3, 210:15 different 46:10, 189:14, 197:13, doors 23:18 dumps 119:17 49:15, 62:5, 108:24, 219:23 doubt 85:1, 165:24 During 59:19, 92:8, 146:7, 147:15, disposal 188:17, down 7:14, 21:8, 191:8, 206:13 147:24, 216:9 195:18, 196:13, 33:19, 42:18, 45:23, dwindling 61:2 differs 189:8 198:4 45:24, 47:6, 47:12, difficult 176:14, dispute 169:23 54:3, 54:7, 54:12, 176:23 distance 12:6, 59:5, 60:3, 60:15, < E > direct 100:10 224:23 61:3, 65:21, 66:17, earlier 48:18, 67:22, directed 218:15 District 4:11, 7:24, 67:20, 71:1, 71:18, 72:23, 163:22, direction 11:20, 8:1, 12:24, 13:1, 85:20, 86:7, 93:22, 199:22 57:9, 64:10, 64:10, 41:12, 72:24, 73:2, 109:1, 113:6, 117:12, early 97:6, 101:24 201:18 73:12, 76:12, 96:11, 119:11, 144:10, ears 172:15 directly 175:2, 97:21, 98:2, 100:15, 159:20, 159:22, easement 133:1, 175:12 109:2, 109:3, 125:7, 177:11, 177:13, 133:12, 133:15 disagree 37:1, 125:9, 125:10, 183:16, 185:24, easements 133:4 176:1, 177:2 125:11, 125:12, 206:22, 206:22, easier 148:1 disclosing 194:9 140:15, 140:21, 219:3, 225:3, 228:3, East 8:5, 44:15, disclosure 194:12 155:4, 157:2 228:6 70:21, 71:1, 129:10, discovered 12:19 districts 190:15 downstroke 50:8 149:3, 149:9, 155:9, discretion 177:11 document 14:17 draft 218:19, 219:11 159:16, 223:7 discuss 102:1, documentation drafted 121:24 easterly 223:12 183:21, 193:1, 229:22 drafts 189:18 eastern 97:5, 162:20 196:24, 198:2, 198:3, doing 26:3, 50:11, drawing 140:19 echo 29:3 221:12 61:12, 62:16, 63:21, drawn 58:21, 141:18 economic 60:15, discussed 59:2, 68:9, 69:20, 80:21, dream 141:3 63:23, 159:2, 216:9 110:18, 173:2, 140:9, 165:21, dribble 136:2 economically 196:8 177:20, 198:12, 177:17, 186:4, drilled 194:24 Edge 58:8, 97:5, 218:11, 218:14, 215:20, 236:8 drilling 195:3 162:22, 206:11, 230:7 dollars 59:4, 121:10, drillings 85:11 210:10, 228:11 discussing 4:6, 177:7, 191:20, Drive 22:18, 29:3, Edison 159:5 7:18, 41:10, 76:5, 229:19 31:11, 41:8, 149:19, educational 6:3 83:19, 125:2, 154:21, domino 23:3 159:16, 185:18, effect 152:21, 153:9 198:20, 198:23, Don 51:19, 102:11, 185:24 effected 163:20 212:16, 223:4 205:22, 206:1, driven 97:3 effective 190:8 discussion 22:22, 227:21 driveway 38:13, efforts 79:12 56:8, 60:23, 70:2, done 21:11, 25:18, 65:19 eight 220:21 74:8, 85:21, 88:20, 42:4, 50:10, 50:10, driving 141:4, either 36:3, 36:3, 91:3, 91:5, 91:7, 56:10, 72:9, 83:24, 159:21, 163:21, 106:1, 142:6, 195:2, 91:14, 92:11, 92:12, 84:5, 85:17, 86:5, 208:8 198:6, 198:11, 110:12, 115:21, 119:2, 123:11, drop 113:6 200:16, 209:12, 122:17, 123:17, 141:10, 143:14, drops 47:8, 47:12 213:14, 213:22, 153:1, 160:3, 186:10, 145:19, 147:6, 147:6, due 42:6, 42:11, 232:3 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 246 September 26, 2006 Eldamain 12:8, enter 78:9, 156:24 16:22, 70:1, 70:9, excellent 221:6 70:19, 70:20, 71:3, entertain 4:5, 6:14, 74:2, 77:24, 81:15, except 39:3 71:9, 71:12, 71:16, 7:16, 31:1, 74:12, 115:20, 115:21, exchange 219:22 71:20 75:3, 76:3, 124:1, 116:21, 127:1, Excuse 45:3, 70:12, elected 23:5, 36:19, 124:24, 153:21, 156:12, 164:11, 84:22, 104:3, 168:20 93:12 154:20, 215:4, 188:1, 199:5, 202:14, excused 88:23 electrical 107:15, 216:15, 222:1, 223:2, 206:10, 219:12, exercise 142:16 136:21, 159:8 233:22 234:21 Exhibit 14:15, elects 169:14 entire 20:14, 64:18, event 133:17, 168:13 eligible 212:17 87:10, 117:14, 169:11, 169:17, existing 15:14, 40:2, elsewhere 120:18 118:17, 149:7, 224:17, 227:6, 130:21, 163:13 email 189:11 151:24, 173:13, 227:23 exists 54:19 emails 189:9 193:20, 203:22 EVERETTS 72:17, exit 127:17 emergency 24:15, entity 168:8 72:20, 72:20, 73:17, expand 79:2 24:18 Environmental 74:4, 74:6 expanded 39:21 emotionally 89:9 136:11, 161:2, Everybody 16:13, expanding 11:20 employment 159:22 167:12, 203:22, 19:9, 22:8, 30:18, expansion 39:20 empowered 136:10 203:23 86:16, 114:20, expect 120:18, empty 92:19 EPA 121:17, 135:1, 117:16, 117:21, 120:19 enacting 101:21 136:18, 176:4 118:2, 120:7, 120:22, expected 99:9, 115:3 enclosed 167:22 Epa-regulated 59:23 122:11, 159:15, expense 196:17 encompass 157:8 erector 159:7 162:3, 178:16, experience 50:11, encourage 68:4, Eric 125:2, 127:4 186:20, 206:23, 173:9, 177:4 114:16 Erin 210:22 207:20 experiencing 78:24 end 24:7, 26:12, error 12:19 everyone 67:18, expert 58:10 26:20, 27:2, 28:13, errors 210:19 80:7, 192:15, 198:24, expertise 57:16 28:13, 55:19, 60:9, essence 108:6 212:3, 219:8, 219:9, experts 120:22 64:16, 83:6, 112:22, established 98:24 227:2, 227:17 explain 47:3, 48:13, 198:18, 204:2, 232:3 establishes 167:17 everything 21:3, 68:24, 91:13, 103:7 endeavor 103:1 estate 15:3, 15:8, 54:8, 59:10, 135:21, explained 69:7, ends 71:6, 157:18, 110:9, 115:3, 163:4 136:2, 148:11, 185:1, 199:14 157:19, 178:3 estate-sized 18:14, 219:17, 231:8 explanation 61:6, enforce 107:9, 55:17 everywhere 59:20, 61:13 185:13, 203:23 estate-zoned 17:11 160:17 exploratory 167:1, engaging 166:24 estimate 46:13, evidence 53:6, 171:21 engineered 132:13 46:16, 97:2, 97:4 54:13, 122:20, expressing 179:2 engineering 96:21, estimated 46:19 192:17, 192:20, extending 95:16 132:2 et 225:9 193:2, 213:24, 214:9 extension 12:7, enhance 232:19 ethics 164:23 exact 190:22 70:19, 70:21, 71:9, enhancements Etna 188:4 exactly 89:7, 105:11, 79:9, 96:5, 145:21 137:16 evaluate 79:24, 177:20, 177:24, extensions 98:15 enlighten 216:24 205:5 207:18, 214:1, 214:2, extent 136:7 enormous 176:2 evaluated 99:13, 225:21 extra 226:18 enough 85:8, 87:3, 163:16 examine 117:16 eyes 172:15, 174:8 212:13, 213:23 Evansville 177:8 example 107:4, enrich 158:9 evening 5:20, 9:10, 109:2, 134:23, ensure 173:18, 9:16, 10:10, 13:22, 136:19, 143:24 < F > 180:15 14:2, 15:19, 16:5, exceed 14:13 F. 2:2 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 247 September 26, 2006 face 230:15 93:21, 96:15, 96:19, 84:21, 84:23, 143:5, 202:16, 217:24 facile 120:18 97:24, 101:19, 173:17, 190:15, firs 121:20, 165:9 Facilities 50:9, 119:22, 139:23, 198:12, 202:22, First 3:11, 12:20, 136:6, 167:14, 142:4, 144:8, 149:22, 203:6 13:2, 16:17, 19:22, 180:17 152:10, 159:1, feet 4:13, 223:13, 20:6, 22:22, 33:4, facility 172:16, 185:20, 219:3 229:12 33:22, 51:13, 84:4, 188:22, 189:19, Farm 1:9, 158:24, fell 12:23 90:6, 92:1, 93:20, 191:12 224:21, 231:24 felt 57:16, 89:7, 110:9, 110:10, facility. 167:21 farmers 158:16, 205:16, 219:6 119:19, 119:19, facing 65:8 158:19 few 51:6, 188:9 120:6, 120:6, 120:13, fact 12:24, 17:16, farming 10:17, fields 158:7, 205:22, 120:13, 120:16, 22:9, 43:9, 48:21, 158:4, 158:14, 205:23 121:20, 123:5, 80:23, 98:16, 107:2, 158:15, 158:24 fiery 29:21 164:20, 166:6, 171:7, 115:16, 120:20, farmland 9:24 fifty 196:9, 196:14 171:15, 182:10, 121:3, 136:11, farms 37:11, 66:17, fight 60:16, 60:17, 187:9, 189:6, 196:18, 136:17, 160:24, 158:17 60:18, 60:19, 60:19, 202:21, 203:16, 174:23, 177:15, Farnsworth 127:3 177:18, 178:24, 203:20, 206:12, 209:7, 209:9, 218:11 fast 31:16, 61:7, 207:3 215:16, 216:22, fact-finding 32:7 197:5, 232:10 figure 169:12 236:6 factor 200:13 fault 122:7, 139:8, file 78:8, 117:9 fiscally 81:3 factories 52:1 157:21, 157:22, filed 4:7, 7:19, 10:9, fiv 208:13, 208:22 facts 161:10, 210:24 48:20, 76:7, 117:13, Five 28:1, 133:22, 161:17, 165:1, favor 14:8, 81:19, 117:19, 120:1, 125:3, 145:4, 197:21, 170:24, 196:19 81:20, 94:19, 128:9, 154:24 197:21, 197:22, factual 49:12 128:10 files 65:12 208:14 fading 150:21 fear 38:7, 38:7 filing 184:8 flash 30:7 fails 27:24 feasible 196:8 filtering 182:11 floating 170:17 fair 23:9, 23:18, February 82:3, 220:6 Final 63:4, 98:10, floor 13:17, 15:23, 24:1, 24:3, 28:4, federal 135:20, 118:13, 218:19 16:17, 82:14, 129:6, 30:6, 142:17, 142:18, 203:23 finalization 69:12 181:16, 183:19, 143:1, 143:7, 143:10, fee 45:20, 45:23, finalize 193:8 225:12 143:14, 144:1, 46:7, 47:4, 49:17, Finally 163:4, flowing 227:15 161:21, 162:14, 50:20, 190:16, 174:21, 190:23, focus 90:20, 170:21 178:7 190:20, 190:24, 206:14, 233:18 focuses 122:12 fairly 165:10, 179:15 195:18, 196:13, find 54:12, 105:24, Folks 25:6, 39:10, fairness 57:20, 197:3, 198:4, 204:18 107:14, 109:15, 49:11, 54:12, 67:15, 212:5 feel 32:12, 34:17, 109:18, 165:14 89:8, 89:15, 90:6, faithful 121:17 35:10, 136:10, 174:6, findings 15:17 91:15, 122:19, 144:9, fall 12:24, 82:6 188:8, 202:18, fine 53:2, 62:22, 171:23, 182:3, 203:8, falling 152:15 212:18, 215:23, 86:24, 110:12, 115:8, 222:24, 232:10 falls 11:18, 163:9 216:6, 232:9 122:4, 195:14, follow 6:4, 32:17, false 43:14, 202:20 feelings 94:2 195:15 157:18, 157:24, familiar 68:20, fees 41:11, 41:13, finish 109:9, 119:20, 162:9, 174:8, 176:22, 137:12, 180:20 41:13, 41:14, 41:14, 178:15, 208:19 205:23 family-owned 17:1 41:17, 41:20, 42:1, Fire 12:23, 72:24, followed 203:17, far 11:19, 18:1, 42:2, 42:3, 42:3, 73:2, 73:12, 99:18, 206:1 37:23, 42:2, 62:15, 42:4, 42:11, 42:16, 99:21, 100:14, 203:5 follows 5:19, 9:14, 63:7, 64:1, 82:17, 42:22, 45:16, 84:19, firm 164:13, 171:7, 16:21, 18:23, 19:21, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 248 September 26, 2006 22:16, 29:1, 31:9, foundation 87:23 149:23 192:12 32:4, 35:4, 41:6, four 14:9, 24:8, furtherance 33:5 geological 160:9, 43:6, 44:13, 49:8, 25:22, 48:16, 67:11, Future 12:4, 38:5, 160:13 55:5, 56:2, 58:6, 81:19, 87:17, 114:3, 53:15, 57:9, 64:9, George 58:4, 58:7, 66:7, 70:8, 72:19, 133:21, 147:7 79:22, 80:18, 80:20, 92:23, 93:2, 187:22, 77:20, 93:1, 95:12, four-lane 131:21 130:11, 131:20, 188:2, 206:11, 102:13, 112:10, Fox 4:15, 10:2, 12:8, 132:1, 157:10, 159:2, 209:18, 228:10 114:11, 116:7, 12:23, 29:3, 58:9, 159:9, 160:1, 162:19, germane 105:3 126:23, 138:22, 117:9, 166:23, 168:5, 162:22, 163:8, 170:3, get-go 208:9 149:1, 149:17, 168:7, 168:11, 169:6, 176:5 gets 59:9, 60:3, 164:10, 184:2, 169:11, 171:8, 60:3, 117:16, 119:20, 187:24, 202:13, 171:13, 175:1, 175:8, 119:20, 161:16, 215:11, 223:8, 175:21, 188:6, 189:5, < G > 184:5, 192:15, 214:5 230:20 190:6, 204:18, 217:1, gain 136:8 getting 35:14, 37:21, foot 136:21, 136:23 217:19 Gale 52:1 79:19, 86:1, 158:20, force 40:2, 163:21, frame 96:24, 197:16 gambler 201:14 203:14, 206:15, 178:20 framework 123:2 Game 1:9, 24:7, 207:19 forcing 40:8 Frankly 127:23, 198:18 giant 50:18 foregoing 236:11, 172:22, 173:22, garbage 37:21, GILBERT 28:10, 236:12 175:10, 175:19, 52:23, 55:11, 55:19, 28:15, 44:11, 44:14, foresee 145:4 175:22, 180:8, 59:20, 85:2, 100:3, 44:14, 44:22, 45:2, forget 175:5, 175:7 217:11, 218:12, 101:9, 119:9, 123:12, 45:9, 45:15, 45:19, Forgive 226:4 219:1, 220:5 134:3, 210:15 46:7, 46:13, 46:17, form 216:9 free 53:21 Gary 126:21, 127:1 51:18, 52:5, 111:8, formalization 33:11 frequent 142:23 gas 19:6, 19:7, 111:8, 111:18, formally 11:5 frequently 188:5 19:14, 132:22 111:21, 111:24, formations 160:13 friends 217:12 gasoline 8:2, 10:13 112:2, 129:9, 129:9, former 168:7 front 92:20, 93:13, Gate 35:6 130:1, 130:5, 130:14, forth 91:2, 160:3, 150:12, 198:4 gave 217:2 131:12, 131:16, 189:20 frontage 156:19, General 64:6, 73:18, 132:19, 132:23, forty 75:1 159:24 162:11, 180:12, 133:12, 133:19, forum 116:14 FROST 58:4, 58:7, 180:22, 191:24, 134:1, 205:19, forward 3:21, 16:2, 58:7, 206:9, 206:11, 194:18 205:20, 205:21, 18:18, 18:19, 26:11, 208:15, 208:20, generally 41:11, 206:6, 227:19, 30:21, 34:23, 38:21, 208:23, 209:4, 82:23, 89:20, 130:24, 227:19, 228:5 61:22, 64:2, 92:15, 228:10, 228:10, 133:16 GILMOUR 28:23, 92:21, 95:5, 95:8, 228:16, 228:21, generated 98:24, 29:2, 29:3, 63:5, 96:9, 96:21, 116:3, 228:24, 229:4, 99:9, 99:10 63:5, 64:4, 211:24, 128:13, 129:7, 132:2, 229:13, 229:17, generation 99:8 212:2, 226:3, 226:4, 138:18, 159:10, 230:11 Geneva 51:11 226:9, 226:22, 227:4, 169:14, 177:11, full 113:21, 193:16, Gentleman 43:1, 227:12 177:16, 182:1, 194:12, 218:20, 58:15, 59:21, 72:23, GILSON 92:23, 93:2, 182:10, 192:7, 219:13 83:5, 150:7, 193:23, 93:2, 93:18, 94:6, 192:19, 193:16, fully 92:16 200:20, 206:15, 94:17 233:6, 233:7 function 120:14 207:12, 221:17, give 3:23, 61:6, forwarded 119:5 funding 98:13, 228:9, 230:2 81:11, 85:6, 90:3, fou 204:19 98:23, 99:9, 101:16, gentlemen 178:2, 90:4, 118:20, 121:11, found 107:11 101:24, 132:3, 178:21, 188:2, 122:13, 129:7, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 249 September 26, 2006 134:23, 135:13, 92:5, 115:9, 177:22 196:7, 196:14, 160:12 194:12, 199:11, groups 63:22 205:23, 206:1, 217:1, hear 26:18, 27:9, 204:10, 221:16, grow 40:21 227:21, 228:13, 28:11, 68:3, 85:23, 233:9 growing 57:3 229:11, 229:19, 88:12, 88:13, 90:2, given 15:13, 24:4, grown 145:23, 146:2 231:1, 231:14, 90:5, 90:10, 90:13, 25:4, 25:7, 96:3, growth 40:15, 40:16, 232:12 92:19, 93:4, 94:9, 98:15, 131:20, 133:9, 40:21, 56:20, 57:9, hand 58:2, 215:5, 94:21, 94:22, 101:3, 136:4, 182:23, 57:12, 60:15, 64:9, 230:13, 236:17 106:4, 118:11, 195:13, 217:13, 78:23, 145:7, 145:7, handed 26:5 144:19, 150:21, 217:14, 220:22 146:4, 216:9 handful 215:17 151:4, 152:23, 174:4, gives 122:18, guarantee 164:1, hands 53:21, 66:11, 174:4, 186:16, 197:1, 135:18, 135:21, 190:1 123:21, 143:16, 198:14, 218:8 189:6 guess 17:10, 18:4, 212:15, 214:12 heard 16:10, 48:8, giving 191:19, 18:15, 20:3, 46:19, hang-up 175:22 68:5, 70:19, 93:3, 194:10, 227:1 75:2, 82:16, 105:10, happen 21:2, 21:5, 94:7, 94:10, 144:7, glad 202:2 108:12, 123:4, 41:10, 49:2, 54:22, 147:1, 153:12, Glen 29:3 135:10, 194:24, 61:23, 87:22, 93:22, 174:19, 186:20, Glendale 52:17 200:11, 225:14 112:13, 171:5, 200:3, 207:10, go-to-the-head-of-th guesstimate 46:17 177:19, 177:21, 207:13, 229:22 e-line 25:5 guided 133:6 210:21, 210:22, hearings 3:16, 3:21, goals 11:23 guiding 29:14 227:24 74:1, 82:2, 95:21, God 217:13, 217:14 guy 188:8 happened 21:9, 117:17, 118:1, 118:8, gold 30:7 guys 17:13, 51:2, 43:21, 54:23, 63:6, 119:1, 150:19, gospel 219:18 60:7, 119:14, 161:19, 145:20, 146:8, 169:17, 170:6, gotten 61:15, 179:20 195:17, 196:15, 172:23, 177:24, 188:21, 192:13, Governed 167:11, 226:12 189:15, 219:1 234:20 229:4 happening 29:19, heart 175:13, 224:24 governing 167:18 30:16, 79:8, 141:7, heightened 213:14, government 54:9, < H > 145:9, 175:17, 187:1, 214:5 56:5, 113:14, 135:20 habit 174:6 187:15, 206:24 Heights 52:18 grab 29:15, 191:11, Hafenrichter 218:10 happens 53:19, held 103:4, 103:7, 212:11 half 58:24, 79:4, 64:15, 85:6, 114:2, 123:8, 182:21 grade 135:19 159:16, 191:2, 114:4, 117:23, help 37:18, 70:10, granted 169:18, 191:19, 228:4 145:14, 158:1, 79:12, 85:17, 105:19 228:6 half-day 5:23, 5:24 161:24, 162:7, 176:4, helped 41:23, 200:11 grass 37:19, 157:16 Hall 184:22 210:17, 210:19, heretofore 13:5 gravel 224:19 HALSEY 114:9, 225:23 hereunto 236:16 gray 71:2 114:12, 114:13, happy 185:17, hesitate 170:9 great 24:16, 57:11, 115:13 187:9, 187:15 hidden 209:13 67:16, 175:20 Hamann 23:16, Harbor 117:12 high 159:4 Green 55:8, 55:12, 24:19, 26:6, 30:8, Hartman 38:1, higher 130:23, 85:7 31:14, 31:17, 48:11, 184:11, 184:24 130:24, 216:11, gross 204:18 51:19, 68:16, 72:2, hate 43:15, 113:13 216:12 ground 158:5, 158:6, 94:12, 107:5, 112:20, hazardous 210:15 highest 38:9 159:1, 179:20, 194:3, 115:10, 117:8, head 25:20, 172:22 Highlands 168:9 194:6 157:13, 157:22, health 37:24, Highpoint 8:6, 10:2, group 36:3, 48:24, 168:8, 171:14, 182:1, 105:12, 105:15, 17:3, 19:1, 32:6, 63:20, 83:3, 87:10, 185:21, 195:24, 105:17, 111:2, 37:9, 38:9, 38:23, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 250 September 26, 2006 44:15, 70:17, 71:1, 196:24, 198:13, 203:13 68:22, 68:22, 83:7, 71:14, 71:21, 72:21, 218:19, 219:11, implore 179:3 171:13 76:16, 78:3, 125:15, 220:3 important 29:13, industrial 131:4, 127:13, 129:10, hour 1:9, 86:11 38:2, 69:9, 82:24, 163:2 138:24, 150:10, hours 120:17, 172:1, 91:6, 122:14, 152:14, industry 55:12 184:4, 215:13 197:24 170:2, 191:17 influence 79:2, Highview 31:11 house 37:14, 39:4, impose 52:24, 221:20 Highway 12:8, 139:13, 225:24 54:16, 142:20, informally 174:12, 20:13, 20:13, 20:17, houses 18:14, 39:4, 143:24, 214:5 174:24 21:9, 67:8, 86:3, 39:17, 39:17, 40:12, imposed 53:11, information 56:15, 131:21, 132:1 40:22, 55:17 54:19, 107:7, 107:21 91:8, 207:11, 217:2, highways 36:16 housing 115:1 imposes 107:21 220:17, 220:22, Hill 4:15, 59:18 Huge 38:7, 66:17 improper 72:24 230:2, 233:20 Hillside 203:4 hundred 47:12 improve 57:17 informed 109:17, hired 49:11 hurry 61:11 improved 21:18 217:19 hit 71:3 husband 41:23, improvements 12:3, infrastructure 97:11 hogs 158:21 139:3, 139:12 95:17 initial 47:6, 47:17 hold 28:17, 191:11 improving 20:12 initially 41:24 holding 102:20, in. 59:16, 139:11 input 50:7, 109:19, 168:14, 194:1 incident 63:6 118:21, 118:21 holds 102:23 idea 51:2, 63:10, incidentally 191:4 inside 178:5 Hollow 95:22, 155:9, 63:10, 120:15, include 50:6, 100:9, insight 182:12 223:4, 223:8, 230:4, 147:20, 148:2, 110:24, 131:3, 163:2, inspect 86:19 230:6 148:13, 158:2, 208:3, 172:20, 173:5, installation 97:1 home 52:2, 52:2, 217:2 231:19 instance 43:15, 63:11, 79:23, 87:16, ideals 56:24 included 39:3, 134:22, 136:20 87:18, 109:4, 209:4 ideas 51:7, 91:2, 39:18, 39:18, 40:23, instances 49:18 homeowners 79:18 208:1 41:11, 41:15, 128:17 instruct 25:13 Homes 16:24, 17:1, identifies 165:7 includes 15:7, insult 115:8 111:22 identify 105:19 44:18, 44:20, 45:4, insulted 232:9 homework 58:11 ignore 120:17, 143:5, 151:23, intelligence 115:8 honestly 219:4 172:3, 177:16 162:20, 181:11 intended 12:5, 50:8, Honorable 9:15, ignored 175:20 including 171:14, 98:21 28:5 imagine 37:21 193:14, 219:23 intends 169:6 hope 123:13, immediate 98:16, incorporate 203:21 intense 11:14, 192:23, 201:19 123:1, 123:3 incorporating 130:24 Hopefully 16:15, Immediately 99:19, 232:17 intensity 130:23, 145:6, 185:14 122:1, 122:7, 156:16, increase 57:13 133:10 hoping 70:10 172:4, 184:7 incredible 178:20 intensive 15:6 horses 158:22 impact 35:7, 172:17, independent 57:19 intention 225:2 host 54:17, 121:23, 173:16, 173:17, indicate 195:12 interchange 131:10, 122:3, 122:15, 136:9, 190:17, 212:8 indicated 113:9, 131:21, 157:7, 157:8 143:4, 143:23, impacted 36:12, 214:6 interest 11:5, 49:21, 143:23, 165:6, 167:1, 36:21, 190:9, 190:14 indication 113:11 109:8, 181:6 171:17, 176:6, impacts 30:5, 35:8 individual 68:18, interested 20:11, 189:20, 190:5, imperative 188:9 96:18, 103:10, 32:9, 64:8, 193:14 190:13, 190:16, imperviating 64:18 103:13 interests 173:10, 190:20, 190:24, implication 110:4, individuals 34:14, 173:15, 175:7, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 251 September 26, 2006 175:13, 178:4, 178:4, < J > 47:8, 77:18, 77:21, kindergarten 6:4 181:5, 181:5, 181:6, J. 2:19, 49:6 84:16, 84:20, 109:1, kinds 37:21, 81:5, 187:7, 193:20, 218:2 JACQUELYN 2:12 156:10, 161:4, 172:9, 158:14 interfering 18:8 JAMES 2:3, 5:3, 5:4, 174:22, 224:13 Kirk 51:10 International 107:3, 6:24, 7:1, 8:22, 8:23, join 3:8 kitchen 60:17 107:12 27:7, 27:8, 74:23, joint 172:13 knowing 80:1, 153:3 intersection 10:1, 75:12, 75:13, 77:2, jointly 173:22 knowledge 119:13, 12:6, 163:8 77:3, 90:7, 124:9, JOSEPH 2:8 119:14, 194:9, 195:2 introduce 160:5 124:10, 125:22, judge 118:14, known 94:3, 109:1, invested 78:22 126:3, 126:4, 154:3, 118:16, 179:15, 165:19 invitation 41:22, 154:4, 155:12, 179:16, 179:22, knows 60:11, 48:9, 48:12 155:15, 155:16, 180:4 202:23, 202:24, invitations 48:15 222:4, 222:21, judges 54:14, 206:23, 210:17, invite 38:12, 84:13, 222:22, 223:15, 109:19, 118:13, 216:7, 219:9, 231:8 84:17, 144:22 224:9, 224:10, 118:18 Kolodzinski 102:11, invited 18:10, 42:2, 234:15, 234:16 judging 65:16 102:14, 102:15, 173:21 January 189:11, judgment 36:22, 102:19, 102:24, inviting 177:17 189:15 37:2, 49:1 103:6, 103:9, 103:12, invoices 191:7 Jason 2:4, 83:6, juggle 214:7 103:17, 103:21, involve 190:11, 83:6, 83:8, 88:15, jump 43:15 104:4, 104:8, 104:14, 221:7 93:3, 94:20, 105:20 jurisdiction 13:7, 104:17, 104:20, involved 25:24, Jeep 164:13, 167:6, 134:12, 138:5, 176:3, 104:24, 105:4, 48:10, 57:8, 82:22, 190:1, 190:19, 191:5, 227:8, 229:23 105:10, 105:16, 118:8, 141:15, 192:3, 202:11, jury 174:7 106:8, 106:13, 141:21, 158:20, 202:14, 202:16, JUSTIN 2:15 106:22, 107:17, 171:4, 190:10, 208:5, 202:16, 204:11, 107:23, 108:6, 217:6, 220:2 204:14, 205:14, 108:11, 108:20, involves 33:3 217:5, 217:14 < K> 109:7, 109:10, 110:1, ironing 109:4 Jeff 149:15, 149:18, Kalsto 220:5 110:7, 110:21, 210:9, irrespective 176:3 217:11 keen 57:20 210:9 issuance 98:4 Jeffrey 202:11, keep 29:18, 115:9, KRAMER 41:2, 41:4, issue 29:13, 30:4, 202:15, 217:13 116:10, 208:13 41:7, 41:7, 42:13, 68:12, 91:6, 95:8, Jerry 55:24, 56:3, keeps 115:7, 198:24 95:10, 95:13, 95:13, 109:5, 141:17, 146:8, 151:15 Kelly 43:8, 95:10, 96:2, 97:16, 97:18, 152:14, 181:3, 182:9, Jesse 218:10 95:13, 101:1, 134:10, 98:4, 98:12, 99:15, 202:21, 205:8, 212:5, Jim 31:8, 31:10, 186:15 99:24, 100:3, 100:12, 212:7, 227:14, 196:6 kept 205:3, 206:21 100:23, 101:3, 101:6, 227:15, 230:4 Joan 55:4, 55:6, kids 178:19 101:19, 102:2, 102:6, issues 62:14, 82:24, 72:17, 72:20 kill 227:5 150:16, 150:17, 203:21, 218:14, Joann 44:11, 44:14, Kim 66:5, 66:8, 150:23, 151:10, 219:14, 219:18 111:8, 129:9, 205:20, 214:16 151:13 item 30:22, 198:7 227:19 kind 36:10, 42:16, items 13:21, 106:23, job 36:6, 80:19, 56:9, 60:11, 95:24, 137:22 109:21, 118:20, 108:16, 115:1, 119:4, < L > itself 160:2, 192:24, 145:19, 159:17, 133:12, 137:6, lack 57:13 193:19 185:20, 221:6 145:15, 151:18, ladies 178:2, 178:20, jobs 159:14, 159:19 152:20, 159:9, 193:4, 188:1, 192:11 John 2:10, 2:15, 195:3, 217:7 lady 89:6 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 252 September 26, 2006 Lagrange 139:4 lends 160:2 181:9, 223:9, 223:10, locally 53:17 Lake 146:2 length 138:10 223:12 locate 167:9, 167:11 landfills 85:6, lengthy 108:13, lines 132:20, 132:22, located 4:13, 76:15, 168:17, 168:24, 199:21 159:4, 169:10 78:2, 125:15, 127:12, 177:6, 180:24, 181:1 LESLIE 2:4, 4:23, link 21:11, 21:13, 133:5, 155:8, 168:18, Landing 51:24, 85:7 4:24, 6:20, 6:21, 9:2, 21:22 168:24, 223:5, landscaping 17:19, 9:3, 27:22, 27:23, listed 131:3 224:22 19:3 67:12, 67:21, 68:13, Listen 22:7, 86:16, location 5:22, 20:1, Lane 35:6, 112:12, 68:20, 69:2, 69:9, 113:15, 199:18, 96:6, 129:2, 133:7, 114:13 75:18, 75:19, 77:6, 208:20, 221:1 160:1, 181:12 language 132:16 77:7, 83:10, 83:14, listening 123:8, logical 79:9 large 42:14, 62:9, 88:18, 89:2, 124:13, 190:3, 201:21, 208:6, Long 44:1, 107:24, 80:14, 140:3, 146:15, 124:14, 126:7, 126:8, 208:8 109:1, 134:23, 135:2, 212:22 134:8, 154:7, 154:8, Little 12:23, 49:24, 146:20, 198:3, larger 39:21, 39:22, 155:19, 181:18, 71:2, 96:13, 105:17, 203:18, 206:9, 39:24, 40:5, 127:11, 181:21, 182:17, 127:12, 141:7, 146:1, 207:20, 233:17, 187:17 222:9, 222:10, 202:6, 217:24, 219:6, 233:17 LASALLE 236:3 223:21, 223:22, 224:19, 232:11 long-range 11:23 lasted 172:1 234:3, 234:4 live 19:1, 19:23, longer 227:10 late 97:6, 207:19 less 10:24, 11:14, 21:1, 38:23, 56:4, look 36:4, 36:14, Later 34:7, 90:11, 15:5, 45:15, 191:4, 56:13, 58:8, 66:8, 38:13, 39:19, 39:24, 91:20, 195:6, 198:13 ' 197:21 66:12, 66:24, 67:7, 40:1, 40:4, 42:1, Laughter 36:8, 46:20 letter 166:8, 167:23, 67:9, 67:11, 67:12, 65:19, 69:22, 79:23, Laurie 116:5, 116:8 175:16, 211:17, 67:23, 72:21, 95:13, 80:7, 84:14, 84:17, law 60:7, 117:20, 232:8, 232:8 102:15, 103:24, 86:16, 101:21, 118:1, 161:10, 164:13, letter. 168:13 104:24, 105:4, 119:23, 137:21, 202:16, 217:12 letting 34:16 114:13, 116:9, 139:22, 140:6, 140:6, lawn 157:16 level 107:8, 121:8, 139:11, 140:1, 140:12, 182:10, laws 185:13 121:10, 134:11, 150:10, 158:23, 192:19, 193:16, lawyer 108:22, 135:9 188:4, 215:13, 200:14, 204:3, 109:24 liability 69:20 225:15, 230:22 216:20 lead 209:2 License 236:24 lived 55:8, 103:23 looked 95:16, 96:17, leading 171:18 lie 106:2 lives 19:9, 87:13, 98:13, 200:7 leads 23:16, 117:18 lied 207:15 87:20, 87:21, 118:17, looking 30:15, 37:3, learn 175:16, 215:19 lies 156:16 202:5, 231:4, 232:6 43:22, 55:15, 63:20, learned 169:2 life 57:4, 86:1, livestock 158:16, 63:21, 69:23, 94:15, least 83:22, 108:24, 114:21, 177:15 158:18, 158:20 110:13, 115:18, 152:20, 200:16 light 29:14, 131:3, living 139:10 139:17, 139:17, leave 198:10 131:4 LLC 164:14, 166:24, 145:19, 146:6, leaves 157:16 lightning 227:13 168:9, 188:6 147:18, 150:12, leaving 187:11 likely 64:14, 131:23, local 53:3, 54:20, 160:18, 217:9 left 37:16, 61:17, 133:10 112:16, 117:1, looks 49:1 114:3, 157:1, 219:7 limit 120:12 122:11, 122:15, lose 56:22, 139:14, legacy 208:10 Limited 125:10, 122:18, 134:11, 147:6 legally 3:24, 166:21 177:12 135:3, 137:15, loses 162:3, 178:16 legislative 180:12, limits 10:4, 72:12, 142:16, 143:17, lost 24:19 180:23 182:15 143:21, 143:22, lot 16:6, 30:13, 39:4, lend 57:16 line 25:21, 119:20, 162:8, 167:20 55:10, 55:10, 55:11, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 253 September 26, 2006 60:12, 62:24, 67:15, 229:6, 229:8 175:11 218:13, 218:24, 72:8, 79:18, 86:8, maintaining 57:3 matter 1:7, 37:13, 219:8, 219:10, 92:19, 94:9, 112:14, Maintenance 107:3, 38:3, 84:8, 117:2, 219:13 132:23, 153:13, 107:13, 107:20, 120:20, 136:11, meeting. 235:1 171:10, 175:20, 225:7 170:3, 199:23, meetings 171:24, 176:4, 183:19, major 12:3, 35:7, 207:17, 232:3 217:20, 217:20 201:22, 228:7 36:16 matters 57:20, meets 53:1, 53:6 lots 17:11, 39:22, majority 36:12, 176:14 mellowed 29:21 55:17, 109:5 78:14, 128:17 Mayo 87:17 Member 24:3, 31:3, louder 90:15 man 91:24, 201:16 Meadows 17:4 44:4, 91:12, 174:3, Louis 230:18, Management 168:5, mean 35:17, 42:8, 217:18, 217:21, 230:21 168:12, 168:17, 44:22, 44:23, 53:12, 218:10, 218:22 love 106:4 168:22, 180:14, 110:16, 110:17, Members 9:16, low 15:3, 233:16 180:16, 182:14, 119:19, 130:17, 16:23, 30:15, 31:13, luckily 189:9 188:17 143:14, 143:17, 48:14, 61:5, 84:14, lucrative 23:14 managing 57:3 144:15, 144:18, 114:17, 127:1, lying 104:1, 106:1, mandated 53:18, 145:24, 146:8, 134:15, 164:11, 223:9 135:1 146:21, 148:8, 153:4, 174:13, 175:4, 198:2, mandates 143:24, 158:23, 201:6, 200:23, 202:15, 188:15 201:20, 202:4, 202:5, 218:4, 220:11, < M > mandatory 119:2 220:19, 227:5 220:14, 220:18 M-1 106:11, 125:10, Manufacturing 52:1, meaning 144:4 mention 10:10, 127:7, 127:11, 106:11, 106:16, meaningful 188:21, 12:18, 110:2, 179:18, 128:19, 129:11, 106:19, 125:10, 193:18 217:16 129:20, 129:22, 129:12, 129:12, means 159:14, mentioned 5:23, 130:1, 130:6, 130:15, 129:14, 130:15, 188:20 12:22, 179:18, 130:19, 131:2, 130:20, 131:5, meant 34:5, 34:6, 217:21, 217:23 131:12, 134:16, 131:18, 133:20, 121:15 merely 50:20 149:10, 149:21, 134:2, 150:11, meantime 170:8 Meridian 223:7 150:3, 151:19, 150:11 mechanism 98:13, merit 113:18, 113:24 151:23, 159:12 manure 35:15 212:12, 212:19 merits 179:23 M-1-B 127:21 map 15:17, 71:8, mechanisms 98:23, mess 179:1 M. 1:8, 236:6, 236:23 129:1, 132:16 101:17, 101:24, message 61:18 Ma'am 32:1, 34:24, March 171:6, 122:22 messing 142:9 37:6, 44:9, 51:17, 171:15, 172:7, meet 17:22, 54:6, Messrs 191:5, 192:3 52:7, 55:2, 65:18, 177:21, 189:5, 121:15, 136:15 met 189:6, 203:16 72:15, 111:7, 114:7, 189:16, 189:17, MEETING 1:1, 1:6, Mezger 16:19, 115:15, 116:2, 129:8, 203:17 3:5, 22:4, 22:10, 16:22, 16:24, 18:1, 138:17, 142:12, Marlon 38:1, 184:11, 26:16, 26:20, 27:2, 18:9, 50:23, 50:23 211:3, 214:14, 184:24, 185:11, 28:13, 32:10, 32:12, MIA 220:6 227:18, 228:9 185:19, 185:22 32:21, 54:13, 56:7, mic 186:6 Madison 95:14 Marty 2:7, 208:18, 82:17, 88:23, 108:12, Michael 164:8, mail 73:15 208:19 108:15, 171:7, 172:5, 164:13, 217:14 main 12:11, 59:24, Mary 138:20, 138:23 172:7, 172:13, Michigan 146:2 90:20, 91:8 mass 101:13 179:19, 182:3, microphone 7:14, maintain 158:16, material 158:4, 197:11, 206:13, 212:4 231:23 210:15 206:13, 206:18, middle 86:3, 159:5 Maintained 229:5, materialized 175:9, 215:17, 218:11, midst 157:23 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 254 September 26, 2006 Mike 183:9 mixture 163:2 62:13, 74:15, 74:16, 56:3, 58:7, 70:13, mile 19:24, 66:9, modern 190:12, 74:17, 75:5, 75:8, 70:15, 77:16, 93:3, 79:4, 226:18 210:21 76:18, 76:20, 115:4, 102:14, 104:5, miles 55:9, 67:1, molasses 227:15 124:3, 124:5, 125:21, 114:12, 116:8, 67:11, 86:11, 119:11, Monday 170:7 125:23, 128:12, 126:19, 127:1, 134:8, 156:19 money 42:20, 46:1, 139:1, 140:17, 149:2, 150:9, 156:10, MILLER 13:20, 46:3, 46:11, 47:15, 145:18, 153:23, 164:12, 168:7, 168:8, 71:11, 71:15, 81:13, 49:20, 60:11, 122:3, 154:1, 155:11, 202:15, 205:20, 96:15, 97:17, 98:9, 122:12, 175:23, 155:13, 222:3, 222:5, 206:11, 207:12, 98:18, 99:20, 100:2, 189:23, 196:14, 223:15, 223:17, 210:12, 215:12, 100:5, 100:17, 203:14, 203:14, 233:23, 234:1 216:24, 217:6, 106:21, 128:4, 203:18, 204:12, moves 192:7 217:13, 217:14 129:17, 130:3, 130:6, 204:14, 229:24, moving 96:21, Naperville 55:7, 130:19, 131:14, 230:6 132:2, 174:6, 177:13 77:23, 103:24, 131:19, 132:21, monitor 88:5, 88:10 Mueller 43:4, 43:7, 156:11, 188:4, 132:24, 133:14, monitoring 233:5 43:7, 43:24, 44:6, 224:16 133:23, 151:8, month 112:22, 47:16, 48:1, 48:6, natural 40:20 162:18 146:13, 146:19, 134:5, 134:9, 134:10, nature 78:20, 103:16 million 59:4, 64:19, 170:16 135:23, 136:17, natures 165:2 177:7, 229:19 months 25:6, 25:11, 137:3, 137:10, navigate 109:22 millions 121:10 25:14, 62:3, 62:8, 137:19, 138:14, Nay 27:19, 88:14 MILLIRON 22:15, 139:2, 140:17, 197:7 186:14, 186:14, near 12:4, 55:8, 22:17, 22:17, 25:18, Moraine 117:9, 187:22, 188:1, 188:3, 66:12, 215:15 48:8, 61:4, 61:19, 166:23, 168:7, 193:10, 202:19, necessarily 197:9, 69:7, 90:15, 92:16, 168:11, 169:6, 202:23, 203:11, 219:17 161:7, 193:24, 169:11, 171:8, 219:24, 220:2, 220:5 necessary 15:17, 195:11, 195:16, 171:14, 175:2, 175:9, multiple 189:18 97:12, 133:16 195:21, 197:5, 175:21, 188:6, 189:6, Municipal 41:13, need 21:17, 24:16, 197:10, 197:15, 190:6, 204:18, 217:1, 101:10, 108:21, 24:22, 24:24, 25:1, 197:20, 198:1, 217:19 109:24, 180:15, 28:18, 35:16, 45:19, 198:17, 199:6, Moraine. 168:5 203:9, 213:10 59:24, 60:4, 60:5, 199:16, 233:2 morning 5:24, 6:2, municipalities 62:23, 70:14, 87:24, mind 22:6, 35:20, 26:15 50:12, 108:24, 136:1, 88:9, 88:11, 98:7, 37:18, 51:13, 101:4, mother 202:1 188:20, 190:14, 99:6, 113:18, 120:6, 207:6, 221:8, 226:13 motive 24:7, 30:10 204:23 120:7, 120:8, 120:14, Mine 21:13, 110:6 motives 23:7, municipality 60:8, 121:3, 133:17, minimum 177:4 164:23 73:21, 78:9, 167:18, 143:10, 143:11, minute 215:5 move 16:14, 16:15, 202:24, 205:2 144:19, 148:18, minutes 197:21, 22:9, 28:5, 55:19, myself 165:14, 149:24, 150:3, 197:21, 197:22, 61:3, 61:22, 62:23, 167:5, 172:8 163:16, 181:17, 223:11 63:2, 70:3, 74:9, 186:7, 190:10, 192:4, misery 85:4 80:1, 80:14, 92:20, 218:7, 225:1, 227:10 missed 232:1 95:5, 105:9, 110:18, < N > needed 180:16 missing 23:11 123:17, 159:10, naive 24:6 needs 20:16, 29:22, misstating 142:13 174:8, 177:11 name 3:22, 9:17, 50:2, 57:14, 73:22, mistakes 210:13 Moved 4:17, 4:19, 16:2, 16:23, 18:24, 87:23, 120:22 misunderstandings 6:16, 6:18, 8:12, 29:2, 31:10, 38:22, negatives 153:13 170:4 8:14, 55:7, 55:14, 49:10, 50:23, 55:6, negotiate 190:5, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 255 September 26, 2006 218:21 194:22, 206:13, 223:13, 224:14 Obviously 12:2, negotiating 171:17, 206:18, 207:18, northeast 128:20 135:12, 158:4, 175:12, 190:13, 209:8 noted 82:23 158:13, 159:4, 195:24, 202:24 nine 25:11, 25:14, notes 16:11, 236:13 170:11, 171:10, negotiation 190:23 53:1, 53:1, 53:6, nothing 52:3, 63:14, 186:7, 187:6, 215:14, negotiations 191:5, 54:6, 59:22, 120:7, 102:6, 106:8, 111:16, 219:9, 224:23 191:9, 195:23, 203:2, 176:20, 183:6, 115:10, 174:20, occasion 165:12 218:18, 220:3 192:21, 213:15 188:19, 198:7, 204:5 occur 129:24, neighbor 140:17 nitty-gritty 218:17 notice 23:21, 24:13, 177:18 neighborhood 15:8, No, 27:6, 27:8, 25:9, 73:3, 73:3, occurred 221:3 149:22, 163:4, 163:4 27:15, 27:17, 27:23, 73:6, 169:3, 175:17, odor 37:12, 37:16, neighbors 153:10 45:2, 46:18, 67:6, 199:11, 232:5 37:20, 37:22, 37:24, Neil 7:18, 9:18 71:19, 76:6, 103:18, noticed 73:7 38:4, 55:10, 72:5, neither 162:5, 104:22, 137:18, notified 73:13, 105:23, 107:2, 214:24 143:12, 154:23, 73:16, 231:7, 231:9 107:10, 107:11, Nelson 9:12, 9:15, 172:24, 179:4, 197:9, notify 232:4 111:9, 111:12, 9:17, 73:6, 73:8, 201:20, 202:8, 209:1, notwithstanding 123:10, 141:19, 73:14, 209:18, 210:6, 224:15, 226:8, 193:15 206:2 209:18 231:20, 236:24 November 82:2 odors 106:7, 106:12 nervous 111:21 Nobody 39:7, 46:19, Noxious 106:12, offer 23:13, 79:15, nevertheless 50:16, 52:22, 53:20, 106:12 229:24 169:12, 169:13 92:5, 109:23, 146:14, Number 16:1, 16:8, offered 65:19, 173:6, new 62:22, 79:24, 161:11, 161:12, 47:20, 50:6, 68:21, 173:24, 196:10, 144:15, 145:3, 226:4, 161:16, 178:15, 78:1, 88:18, 88:20, 204:19, 217:24 230:15 186:24 89:5, 95:6, 99:1, offhand 51:16 newspaper 120:11, non-home 135:15, 130:24, 133:21, office 122:24, 122:14 135:16 133:22, 156:13, 166:19, 171:9, 188:3 newspapers 171:12 non-residential 99:6 157:14, 165:17, office/research/indu Next 7:16, 17:12, non-starter 190:21, 167:14, 168:22, stria) 129:19 18:17, 19:1, 32:21, 204:15, 204:16 181:21, 184:20, offices 77:22, 61:3, 62:23, 63:2, None 6:13, 30:24, 208:13, 208:14, 104:15, 127:2, 64:6, 70:4, 74:9, 35:11, 46:22, 102:2, 208:22 156:11, 224:15 76:3, 91:18, 105:20, 106:1, 143:3, 201:11, numbers 130:22, official 45:12, 45:13, 123:18, 124:24, 201:24, 215:1, 215:2 196:24, 197:1 170:11, 170:14, 145:4, 153:19, nonetheless 80:18 184:17 170:16, 170:16, nor 162:5, 214:24, officials 36:20, 170:16, 190:8, 199:6, 230:5 < 0 > 47:20, 93:12 200:14, 219:12 normal 23:18, 23:19, o'clock 219:10 often 54:22 nice 52:4, 55:17, 25:10, 26:3, 26:3, oath 236:7 oil 19:7 144:23 197:7 obey 136:16 old 52:2, 86:2, 174:7 night 14:6, 16:7, normally 152:3 object 149:10, Once 21:9, 26:15, 32:10, 32:11, 32:16, North 8:5, 12:8, 149:20, 232:16 59:8, 64:4, 64:15, 44:16, 48:9, 48:18, 43:16, 71:20, 76:5, objection 151:11 111:10, 119:1, 56:8, 58:14, 59:2, 77:24, 94:12, 102:17, objections 20:4 122:21, 217:8, 69:8, 70:19, 78:13, 102:20, 108:14, objective 30:4, 36:4 226:21, 227:12 87:12, 105:9, 128:6, 127:3, 154:22, obligation 188:16 one-by-one 198:19 132:6, 179:3, 194:5, 156:12, 156:21, obvious 164:18, One-family 125:8, 194:10, 194:13, 180:1, 223:6, 223:10, 165:5 125:9, 125:11 Depo Court Reporting Service(630) 983-0030 Yorkville City Council 256 September 26, 2006 ones 62:14, 79:18, ordinances 17:17, 191:4, 191:9, 192:2, party 169:16, 203:1 82:23, 83:3, 137:22 17:24, 74:3, 74:4, 204:21 pass 7:14, 12:5, ongoing 225:7 134:21, 135:3, 135:8, pain 179:1 51:3, 127:15, 197:7 open 13:10, 13:17, 137:22 pan 30:8 passed 56:9, 73:22, 15:23, 16:16, 82:14, Oswego 181:5 paper 112:13, 73:23, 149:23, 91:18, 110:10, 129:6, Oswegoland 109:2 112:16, 113:12, 174:19, 195:18, 181:16, 183:19, others 114:18 195:22, 217:17, 197:4, 197:6 193:17, 196:9, otherwise 143:15 219:17 past 29:8, 38:5, 225:12 Ottawa 188:4 paragraphs 113:7 158:18, 205:6, 205:7, opened 3:17 ought 109:7, 212:21 parcel 3:16, 43:16, 205:8, 215:21 operate 51:5 ourselves 189:13, 61:3, 62:23, 63:2, Pat 4:6, 5:17, 5:20 operated 17:1, 53:7, 192:1 63:3, 65:5, 78:2, path 39:5 157:13 outcome 14:4, 162:6 78:16, 81:12, 113:20, patrol 86:10, 86:13 operating 203:7 outside 53:11, 64:9, 123:18, 127:5, 127:9, PATTEN 116:5, operation 107:5, 87:24, 108:14, 127:10, 127:11, 116:8, 116:9, 119:7, 157:13 109:20, 119:18, 157:6, 159:23 120:2, 121:5, 123:4 operator 121:15 178:5 parcels 40:5, 64:6, pattern 163:6 opinion 13:8, 16:14, over-used 178:19 79:6, 79:22, 160:16 Paul 2:3, 18:21, 34:14, 36:5, 48:23, overlay 151:23 Pardon 73:5, 185:8, 18:24, 38:22, 150:9 68:2, 90:5, 92:4, overly 140:3, 161:23 228:21 pay 41:19, 82:24, 116:12, 221:22 oversight 212:19 Parish 19:19, 19:22, 83:4, 83:21, 85:2, opinions 22:8, overturn 54:15 19:23, 82:15, 82:15, 98:14, 108:7, 108:7, 85:23, 90:3, 219:24 own 3:17, 39:4, 83:11, 83:15, 83:20, 122:4, 122:9, 140:24, opponents 165:11, 113:18, 113:23, 84:3, 88:22, 92:2, 190:1, 203:1, 203:10, 192:14 118:22, 149:3, 200:2, 200:2, 201:6, 203:10, 205:1 opportunities 225:18 201:10, 225:14, paying 83:21, 88:12, 118:23 owned 43:13, 43:17 225:15 203:6, 204:19 opportunity 89:19, owner 40:2, 203:5, Park 63:11, 63:16, payments 204:23 92:9, 94:2, 116:23, 227:23 109:2, 109:3, 109:5 pays 190:13 192:18, 193:17, owners 9:23, 10:5, parks 57:15 PC 4:6, 7:18, 74:13, 205:15, 227:2 10:13, 10:20, 23:15, Parkway 12:5, 75:4, 76:5, 125:2, opposed 49:21, 23:15, 24:5, 25:3, 80:17, 127:14, 154:22 110:8 25:20, 26:5, 48:10, 127:18, 129:3, 131:9, peace 192:16 opposition 171:4 63:20, 64:1, 68:19, 131:11, 149:23, penalty 122:4 option 133:11 101:15 150:1, 152:18, 157:7, pending 164:18, order 33:21, 47:13, owns 225:19, 227:9, 160:1, 163:7, 163:22 165:6 86:20, 162:15, 227:24, 228:1, 228:2, parliamentary penetrating 37:12 165:19, 177:6, 198:6 229:11, 231:14 82:19, 82:21, 89:1 Pennsylvania 231:4, Ordinance 10:18, participate 101:16, 232:7 15:16, 49:15, 49:17, 169:16, 173:21, per 42:6, 191:19 50:6, 73:22, 73:23, 174:16 percent 201:15 105:23, 107:18, p.m. 1:9 participation 172:14 percentages 190:16 107:20, 111:1, 118:2, pace 29:21 particularly 63:1 perception 191:22 130:21, 136:24, packet 14:1, 14:16 particulars 162:13 performance 121:18 167:13, 167:14, page 12:20, 13:2 Parties 37:15, period 92:11, 92:12, 182:20, 189:19, pages 203:18 189:20 119:2 197:6, 197:6, 197:7, paid 41:20, 46:22, partner 167:6, permanent 136:20 220:1, 221:13, 231:2 46:23, 82:23, 146:14, 171:7, 172:8, 202:16 permit 54:1, 119:21, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 257 September 26, 2006 121:16, 129:23, phone 61:9, 61:16, 120:21, 162:22, poin 69:5, 69:10, 136:16 217:9 179:9, 180:19, 91:7, 99:12, 186:9, permits 89:22, 98:5, physically 171:16 188:15, 188:16 233:15 119:17 Piccony 125:18, Plano 70:22, 70:24, point 15:11, 15:14, permitted 52:17, 126:21, 126:24, 71:5, 181:5 19:8, 29:9, 36:4, 130:23, 131:3 127:2, 151:4 Plans 63:8, 80:2, 38:9, 39:9, 69:10, person 34:13, 68:5, pick 64:10, 157:20, 80:3, 80:6, 80:17, 69:22, 81:22, 84:2, 87:20, 87:21, 94:10, 207:3, 216:12 97:10, 98:5, 98:17, 84:3, 90:7, 91:8, 94:18, 103:14, pickup 101:9 98:20, 131:17, 132:8, 93:23, 94:6, 97:3, 174:17, 225:18 picturesque 64:13 139:16, 147:22, 97:4, 97:10, 97:21, personal 215:14 piece 60:23, 63:18, 147:23 101:7, 101:11, personally 48:11, 65:1, 66:2, 70:3, plant 84:11, 122:6 119:23, 160:24, 66:22 70:4, 72:1, 74:8, planted 158:10 163:17, 164:2, 171:2, perspective 29:7, 91:23, 110:14, plastic 84:13, 179:17, 196:20, 29:10, 57:8, 160:9, 110:17, 110:19, 157:17, 205:22, 204:11, 213:7, 212:4 111:7, 111:16, 112:5, 210:14 218:18, 223:12, pertain 63:1 115:24, 129:8, plat 14:17, 14:18, 232:2, 233:19 pertaining 63:18, 148:21, 158:3, 159:1, 98:10 Point-by-point 29:6 66:2 160:8, 161:1, 193:7, plats 62:5, 147:22 pointed 69:14, pertinent 64:5, 200:14, 209:14, platted 147:14 156:14, 166:1 194:15, 207:11 209:16, 230:24 play 23:9 points 29:4, 59:23, petition 10:6, 10:11, pieces 39:24, 42:14 played 86:2, 86:2, 175:16, 202:19, 13:12, 13:18, 39:11, pile 186:22 86:6 208:13 48:20, 65:12, 98:8, pipe 132:20, 206:22, plead 165:2 poised 97:11 112:21, 130:3, 206:23 pleading 86:1 Police 99:18, 99:21, 134:13, 134:14, pipeline 133:13, Please 3:13, 4:20, 101:8 134:16, 134:21, 133:17, 134:2 6:19, 8:15, 16:12, politician 202:1 141:10, 145:14, pipelines 133:21 18:19, 27:4, 28:4, politicians 201:24 151:22, 187:3, 187:6 pipes 194:2, 194:6, 48:16, 68:4, 70:15, poll 174:12 petitioned 81:1, 194:16, 194:19, 74:18, 75:2, 75:9, polled 174:24 96:20, 97:20 194:20 76:21, 84:2, 90:16, Pollution 136:5, petitioner 4:7, 5:15, pit 177:23 124:6, 125:24, 167:14, 167:21, 6:8, 8:3, 9:10, 14:12, place 3:6, 21:7, 138:17, 139:21, 169:19, 188:22, 14:23, 46:23, 76:7, 66:14, 105:18, 154:2, 155:14, 189:18 76:13, 77:15, 81:15, 111:11, 122:21, 168:19, 169:21, Pool 55:4, 55:6, 55:6 81:23, 100:18, 172:8, 173:19, 169:22, 170:8, population 57:1 125:13, 128:15, 187:10, 210:18, 183:12, 183:15, portion 14:12, 17:4, 129:3, 130:4, 130:12, 212:12, 214:20, 183:18, 208:14, 31:1, 82:1, 91:17, 131:24, 149:6, 151:3, 216:4, 216:13 210:24, 222:6, 91:18, 99:4, 124:1, 154:23, 155:6, 163:8, placed 179:24 223:18, 229:21, 128:20, 162:21, 224:12 places 50:6, 118:20 234:2 168:1, 190:20, 197:3, Petitioners 4:1, placing 216:4 pleased 186:24 197:4, 223:4, 231:13, 7:19, 25:13, 102:3, plain 203:15 Pledge 3:8, 3:10 231:16, 231:22, 125:3, 130:5 planned 12:3, 81:1, plow 225:8 234:24 petitions 25:22, 121:4, 131:9, 148:12, plowed 158:6 portions 166:10 78:8, 81:5, 119:15, 149:9, 163:22 plows 225:8 position 50:17, 119:24 Planning 80:22, plus 80:16, 134:3 170:2, 170:12, Phil 70:6, 70:16 89:16, 89:17, 89:18, podium 3:22 170:14, 170:15, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 258 September 26, 2006 170:18, 173:10, preferential 24:4, 121:22, 203:7, propose 123:5, 177:22, 179:16, 25:4 220:23 134:17, 190:24, 180:4, 211:17 prejudge 161:10, problems 140:15, 226:10 positioning 80:24 162:9 203:5 proposed 10:19, positives 153:12 preliminary 62:5, procedure 82:20, 12:7, 53:7, 58:14, possibility 52:12, 132:11, 147:22 82:22, 89:1, 203:8 67:13, 97:12, 97:13, 54:18, 120:11 premature 99:14, procedures 24:10 112:13, 127:14, possible 143:20, 152:21 proceed 13:7, 131:8, 131:22, 162:4, 167:8 preparation 130:9 169:14, 174:14 132:15, 132:18, possibly 134:6, prepared 13:24, proceeding 178:12, 133:3, 134:13, 142:21, 219:5 22:24, 132:11, 178:13 150:11, 152:13, posts 107:7 139:13 PROCEEDINGS 1:6, 163:17, 165:8, potable 122:8 prerogative 189:3 3:2, 23:11, 117:8, 187:13, 189:18 potential 79:15, prescriptive 229:9 236:11, 236:15 protect 133:17, 101:14, 133:11, present 14:9, 24:24, proceeds 177:16 160:11, 178:4 157:12, 173:17, 83:8, 83:13, 88:19, produce 52:4, protected 133:1 173:19, 178:8, 182:8, 192:20 229:21 Protection 12:24, 190:17 presentation produced 14:1 73:12, 99:19, 99:22, potentially 51:4, 206:17, 217:24, productive 11:24 100:15, 136:12, 66:15, 171:18, 190:9, 221:16 profit 23:6 167:12, 176:2, 190:14 presented 97:19, program 5:24, 5:24 203:22 pound 191:20 163:15 programs 180:17 protections 175:24 POWELL 2:11 presenting 132:8 progression 40:20 prove 60:5, 136:15, power 138:1, 138:2, presupposition prolongation 223:12 192:21 138:4, 138:12, 159:4, 69:16 promise 33:11, proved 106:16 188:21, 193:12, pretty 59:17, 103:2, 176:21, 200:20, proven 54:6 209:20, 209:24, 108:13, 185:21, 200:22, 200:24, provide 72:4, 72:7 210:4, 213:9 185:22, 200:12 233:2 provided 99:22, powers 135:17, prevent 158:19, promising 64:10 168:4 136:5 233:4 proper 63:8, 73:2 provides 168:17 practice 202:23 previous 29:5 Properties 11:24, providing 122:8 Prairie 12:5, 80:17, previously 186:21, 17:24, 24:8, 29:18, provision 17:17 127:14, 129:3, 131:9, 214:18 39:2, 39:22, 39:23, provisions 13:12, 131:10, 149:23, primarily 98:19 43:10, 48:11, 48:16, 137:15 150:1, 152:18, 157:7, primary 173:14, 62:4, 62:12, 65:15, proximity 12:12, 160:1, 163:7, 163:22 180:13, 188:16 79:20, 84:21, 85:20, 48:21, 67:23, 131:8, pre-existing 133:7 Principal 223:7 87:6, 96:5, 96:23, 131:21, 163:9, pre-kindergarten Prior 98:4, 156:18, 97:7, 97:14, 97:19, 190:17 4:10, 5:22 194:9, 197:24 99:17, 99:23, 100:13, published 11:2, prearranged 23:3 privilege 10:6, 101:22, 115:22, 169:4 preceding 127:10 57:21, 190:2, 190:3 145:12, 145:15, PUD 62:4 precipitously 177:13 privy-to 220:22 145:21, 182:1, Pud'd 147:15 predominantly probably 114:16, 198:19, 226:6 pull 101:18, 121:16 128:14, 129:2 133:10, 165:12, property. 169:8 pulled 56:15, 63:9 preempted 117:1, 176:11, 201:23, proposal 12:17, pulling 101:19 199:21 207:5, 207:6, 208:9, 68:10, 115:10, 160:5, purchased 17:3, preface 3:15 212:2, 216:12 193:19, 204:17, 17:6, 18:2, 18:12 prefer 216:9 problem 59:11, 205:4, 228:14 purpose 4:6, 7:17, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 259 September 26, 2006 50:2, 76:4, 115:20, 144:15, 144:19, 128:24 125:1, 154:21, 144:21, 169:22, recommended 14:8, 180:12, 223:3 < R> 170:21, 175:17, 81:18, 82:7, 130:11, purposes 11:8 R-2 125:11, 128:21 179:20, 179:21, 162:19, 163:1 pursuant 99:16 R-3 125:7, 125:8 181:17, 192:8, 193:4, reconvene 3:6 pushing 66:13, race 178:15 200:8, 201:23, Record 3:23, 10:15, 67:24 radiating 163:3 205:10, 208:5, 16:3, 45:7, 50:21, put 20:17, 21:7, railroad 87:9 212:10, 212:21, 61:20, 80:7, 101:4, 23:17, 38:10, 45:23, railroaded 84:5 216:4, 216:7, 220:17, 110:1, 156:9, 166:7, 52:10, 53:22, 56:17, raise 158:22 221:2, 221:18, 166:11, 169:4, 188:9, 60:7, 63:10, 65:13, raised 66:11, 221:19, 221:19, 192:17, 192:24, 66:15, 69:19, 88:8, 218:23, 230:5 225:6, 226:15, 230:7, 193:18, 195:12, 122:13, 131:12, Rakowski 215:9, 232:10 195:19, 196:3, 134:18, 134:22, 215:12, 215:13 realtor 139:8 205:15 139:13, 147:15, ramifications 110:8 reason 21:20, 48:19, recourse 116:13 147:19, 152:21, ramrod 23:24 78:16, 85:12, 93:10, recreation 57:15 179:9, 179:12, ramrodded 60:2 95:2, 98:19 Recycling 31:18, 186:22, 187:3, ran 165:21 reasonable 50:14, 157:16, 180:19, 187:13, 196:15, RANDALL 16:19 143:11 188:15 205:16, 209:24, Randy 16:23, 50:23 reasoning 48:14, Red 35:5 209:24, 210:4 Range 49:23, 48:15, 78:21 redacted 166:7 putting 48:15, 87:6, 119:16, 223:7 reasons 103:8 redone 13:2 88:2, 101:21, 133:20, rapid 57:12 recall 63:6, 174:2, refer 100:8, 168:19 139:8, 205:5 rarely 165:14 194:15 reference 15:18, rather 148:3, 191:20 recapture 101:22 41:9, 167:23 rattling 18:7 receive 205:2 referenced 166:20 < Q > re 140:11 received 12:16 referendum 52:16, qualify 11:15 reaches 11:19 recent 78:20, 177:3 53:9, 53:18, 53:22, quality 18:6, 57:4, read 15:4, 23:1, Recently 17:3, 55:7, 53:23 114:21 56:16, 83:9, 112:13, 78:18, 168:8, 217:17, referring 112:18, quarter 223:13 120:10, 151:22, 224:19 167:5, 194:20, 195:9, quarters 177:7 166:7, 166:10, reception 191:14 195:10, 196:4, 218:6, quell 170:17 167:24, 180:19, recite 106:4 218:10 queried 195:6 195:22, 211:16, recognition 159:11 refining 118:6 Questions 3:23, 6:8, 217:17 recognize 79:17 refund 49:19 6:10, 13:11, 15:20, readily 172:15 recognized 172:14 regard 89:16 23:20, 32:8, 43:9, reading 73:8, 83:16, recollected 218:12 Regarding 121:5, 72:22, 90:21, 150:18, 106:15, 156:15, recollection 189:8, 197:11, 217:19 150:24, 181:19, 180:10 189:10 regardless 46:2, 182:22, 192:4 real 4:12, 8:4, 22:23, recommend 15:3, 89:4, 113:22, 141:24 questions. 170:9 76:14, 110:9, 125:14, 78:14, 81:6, 129:18 region 146:6, 173:13 Quick 13:20, 228:11 143:8, 155:7, 161:19, recommendation registered 232:8 quickly 14:3, 22:5, 161:20 14:5, 14:6, 14:21, regressing 111:10 62:13, 119:12 realistic 212:13 15:7, 81:16, 81:19, regulate 136:13 quite 48:1, 127:23, reality 165:1 81:20, 82:10, 110:22, regulated 121:7, 181:23, 215:17, really 13:8, 20:8, 128:7, 128:8, 128:12, 121:9, 185:20 217:18 52:22, 56:8, 62:22, 130:8, 162:19 regulates 141:24 quoting 182:13 64:8, 117:5, 144:10, recommendations regulation 121:16, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 260 September 26, 2006 136:19 109:3, 130:22, Residence 125:8, 173:11, 175:14, regulations 107:2, 173:10, 218:1, 231:3 125:9, 125:12, 219:5 107:7, 119:9, 121:6 representations 224:21, 225:3 restate 75:3 reimbursed 202:22 193:15 resident 144:13, restroom 88:21 reiterate 65:7 representative 30:1, 144:21 result 225:4 reiterating 206:21 170:6, 196:7 residential 11:15, results 185:17, reject 25:22 representatives 11:16, 15:3, 15:4, 217:20 relate 221:19 171:8, 172:6, 189:5, 15:8, 17:24, 39:2, retained 164:16 relates 40:5 190:6, 215:1 42:10, 64:15, 99:1, retire 144:23 relationship 165:5 represented 32:12, 99:2, 106:16, 117:5, retired 140:14, relayed 220:18 56:6, 173:15, 219:16 131:13, 131:17, 140:18, 140:19 relieve 79:13 Representing 5:15, 139:23, 140:4, 145:7, retirement 63:11 relocate 133:9 9:10, 9:18, 77:15, 147:10, 147:13, return 73:13 remain 212:7 77:24, 156:12, 149:9, 149:21 returned 88:24 remaining 14:22, 192:13, 218:4 residentially 128:22 revenue 52:4, 182:7, 44:7, 95:21 represents 109:4, residents 30:1, 182:8, 191:11 remember 135:19, 173:12 30:14, 57:23, 60:13, review 12:19 137:24, 174:22, request 10:14, 61:10, 139:14, revisions 220:1 194:1, 194:4, 195:8, 14:10, 14:11, 15:5, 139:18, 147:21, rezone 32:21, 210:24 28:12, 67:22, 78:9, 182:6, 186:18, 212:6 129:13 removed 8:8, 19:15 81:6, 81:21, 96:16, resolution 168:21 rezoned 10:23 rendered 117:19 128:13, 128:14, resolved 219:7, rezoning 7:22, rent 50:9 140:6, 149:10, 219:15, 219:18 32:22, 43:19, 76:10, reopening 233:19 163:11, 166:5, respect 9:19, 10:21, 81:20, 111:10, repair 21:16 166:13, 166:21, 13:11, 16:13, 22:8, 116:11, 125:6, repaired 133:18 167:10, 169:3 28:4, 34:11, 83:6, 128:13, 128:14, repairing 233:18 requested 14:24, 84:16, 106:14, 155:3 repeated 168:23 15:13, 127:19, 167:19, 205:14, rhetorical 93:17 replaced 133:18 128:19, 128:21, 230:3, 232:11, ride 51:10 replenish 46:1, 129:20, 130:7, 149:6, 232:12 Ridge 141:6 47:13, 87:1, 87:2 166:2 respond 151:6, Rieckert 66:5, 66:8, replenished 47:9, requesting 4:9, 7:21, 161:20, 202:18, 66:8, 67:4, 67:7, 49:22 33:18, 67:19, 76:9, 205:11, 205:21 67:19, 68:9, 68:15, replenishing 50:15 78:15, 125:5, 130:12, responders 121:21 68:24, 214:16, Report 1:6, 13:21, 155:1, 156:23, 225:4 Response 6:9, 6:12, 214:16 13:23, 15:5, 15:16, requests 128:23, 30:23, 31:22, 65:2, right-of-way 229:9, 81:11, 128:16, 128:23 74:11, 123:19, 229:10 162:17, 164:4 required 42:6, 123:23, 153:16, rigmarole 142:9 reported 195:18, 42:23, 46:3, 47:7, 153:20, 155:20, risk 50:16, 54:21, 196:11, 236:10 226:16 190:19, 213:4, 54:23, 165:21, reported. 3:4 requirement 226:21 233:11 178:11 Reporter 112:17, requirements 135:1 responsibility 17:20, River 12:9, 12:9, 218:8, 236:8 requires 136:20, 180:14, 184:6, 189:2 58:8, 71:20, 71:21, reporting 14:4 176:18 responsible 81:4, 206:11, 210:10, reports 15:19, 128:3 rescind 75:2 160:18 228:11 represent 23:5, rescinded 75:8 rest 62:19, 93:5, Riverside 116:9 36:6, 57:22, 102:3, Reserve 58:8 94:23, 115:17, 120:9, roads 66:23, 80:23, 102:20, 108:17, reserved 165:3 143:6, 158:10, 88:2, 173:18 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 261 September 26, 2006 Robert 9:12, 9:17, 162:9, 205:24, 206:2 211:23 150:13 43:4, 43:7, 134:9, rumors 170:17, says 34:2, 60:7, seek 68:18, 68:21 186:14 171:11 143:16, 188:14, seeking 10:12, Rock 12:23 run 51:19, 107:23, 188:18, 189:4, 10:20, 68:10, 103:16 Rogers 148:23, 142:17, 142:18, 213:21, 236:7 seem 56:5, 123:10, 149:2, 149:3 143:1, 143:10, 144:1, scenario 189:7, 157:23, 208:7 role 109:12, 185:11 159:5, 178:11 212:14 seems 29:9, 55:13, Roll 4:20, 6:19, 8:15, runaway 178:23 Schanze 99:5, 119:11, 140:2, 27:4, 27:11, 74:18, running 86:12, 97:2, 125:2, 127:5, 156:17 152:20, 186:3, 194:8, 75:9, 76:21, 83:12, 212:11 Schanzes 127:24 227:15 85:23, 88:19, 124:6, runs 19:7, 156:20, schedule 26:3, seen 80:9, 80:12, 125:24, 154:2, 224:20 172:5 86:9, 91:4, 94:7, 155:14, 222:6, rural 30:1, 56:4, scheduled 132:7, 145:6, 145:8, 166:15 223:18, 234:2 144:9, 151:15, 170:6 segments 97:1 Ron 19:19, 19:22, 153:13, 186:22 scheme 30:8 self-serving 23:6 82:15, 200:2, 225:15 rushed 119:12 school 42:3, 79:19, send 122:24, 170:5, room 83:7, 83:9, 140:15, 140:20, 225:8 83:13, 88:12, 114:16, 190:15, 217:12 sense 23:9, 53:24, 114:21, 132:10, < S > schools 140:9 57:20, 60:12, 87:7, 188:7, 196:17, 200:6 S. 164:8, 217:14 scrutiny 192:22 117:2, 117:3, 160:15, Rose 2:9, 216:17 safest 182:17 secon 121:23, 225:6 rotate 158:11 safety 107:15, 122:21 sensible 35:17 rotated 158:7 160:12, 161:3 Second 4:18, 6:17, separate 3:17, rough 212:11 sake 7:13 8:13, 20:19, 26:22, 104:21 roundabout 207:17 salary 108:7 43:2, 73:17, 74:16, September 78:19, Route 4:14, 8:5, sale 139:13 75:6, 76:19, 124:4, 114:3, 128:6, 164:17, 10:1, 12:10, 19:23, sales 99:8 125:22, 153:24, 175:18 51:20, 63:6, 66:9, sand 85:7, 85:8, 155:12, 165:23, serious 117:17, 71:1, 71:6, 71:22, 85:14 176:10, 183:3, 120:21, 203:5 76:16, 78:3, 80:9, Sanitary 41:12, 196:20, 222:4, seriously 85:2, 80:12, 80:15, 125:16, 95:17, 96:4, 96:11, 223:16, 233:24 89:23 127:13, 127:18, 96:22, 97:21, 98:2, seconded 4:20, serve 57:22, 119:20, 131:10, 155:9, 98:14 6:19, 8:15, 26:24, 120:6, 120:13 156:20, 156:21, sat 92:5, 109:1, 74:18, 75:8, 76:21, serves 224:21 157:8, 163:9, 194:20, 200:7 124:6, 125:24, 154:2, Service 4:11, 7:24, 194:21, 200:2, satisfied 189:13 155:14, 222:6, 10:13, 76:12, 100:4, 214:17, 223:5, satisfies 73:14 223:18, 234:2 125:11, 217:9 223:10, 224:20, satisfy 217:5 Secondly 182:11, serviced 100:13 225:16, 230:22 saw 56:8, 112:16, 203:12 services 96:22, routes 12:14, 80:9 214:11, 219:9 seconds 223:11 97:5, 99:19 routinely 219:20 saying 34:18, 36:18, secret 62:16 serving 101:8 routing 96:6 42:17, 54:4, 54:5, Section 90:9, 90:12, set 45:23, 87:12, rude 16:10 68:23, 72:8, 85:21, 167:11, 167:16, 104:21, 107:8, 123:1, rug 23:24 90:18, 92:7, 116:10, 223:14 136:6, 136:13, 138:7, Rule 135:14, 135:15, 116:17, 137:11, Sections 223:6 143:18, 170:2, 188:9, 135:16, 162:15 143:12, 144:24, seeding 212:20 205:15, 236:16 rules 24:10, 104:21, 182:3, 188:11, Seeing 30:24, 80:13, sets 118:7, 121:14, 157:18, 157:24, 198:12, 201:17, 109:23, 109:23, 159:9 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 262 September 26, 2006 setting 55:15 side 12:8, 70:22, 59:17, 63:15, 139:3, Somebody 25:12, Settler 51:24, 59:18, 71:4, 71:5, 71:21, 147:24, 164:18, 32:17, 43:1, 43:13, 85:7 76:16, 149:3, 177:13, 203:3 65:12, 88:1, 105:22, seven 68:7, 81:17, 200:9, 212:3, 225:18, six 25:11, 25:14, 106:1, 122:6, 122:24, 108:24, 128:7, 228:4 28:1, 61:16, 62:3, 184:13, 194:6, 196:13, 197:2 sides 200:4, 227:9, 62:7, 128:12, 146:13, 195:12 seventy 195:19 227:24, 231:15 152:19 Someone 5:14, 9:9, Several 29:4, 29:8, significant 172:17, size 133:9, 146:10 16:4, 19:16, 22:11, 64:6, 174:19 191:20 skills 176:19 26:10, 30:20, 41:1, severely 177:12 silly 178:18 skip 168:2, 169:10 55:20, 63:10, 83:20, sewer 95:17, 96:4, similar 29:8 skipping 168:1, 83:23, 91:10, 91:22, 96:11, 96:22, 98:14, simple 49:4, 60:19, 169:9 95:7, 102:9, 111:6, 101:10 147:17 slash 186:19 125:17, 138:17, shaking 172:22 simply 50:17, 91:16, slated 157:7 150:6, 153:15, 186:4, shall 34:2, 136:21 109:21 Sleepy 95:22, 155:9, 195:1, 200:1, 219:2, shape 165:20 single 68:5, 219:22 223:4, 223:8, 230:4, 228:2, 232:24 share 7:15, 191:15, Sit 36:22, 37:1, 87:9, 230:6 someplace 64:20 231:16 89:17, 183:16 slide 23:22 Sometime 233:15 sharing 182:8 Site 24:20, 24:23, slightly 132:15 Sometimes 148:7, Sharon 32:3, 32:5, 36:10, 53:6, 56:16, small 56:22, 56:23, 157:17 37:8 105:24, 118:5, 118:5, 70:10, 99:4 somewhere 106:15 SHEELEY 112:8, 157:15, 165:8, smaller 146:18 soon 161:10, 232:6 112:11, 112:11, 167:13, 169:7, 178:9, Smart 4:6, 5:17, Sorry 28:11, 31:6, 113:6, 113:9, 114:1 178:9, 178:10, 5:20, 5:21, 213:23 32:1, 34:6, 74:24, sheet 203:18 178:10, 182:14, smell 38:3, 123:10, 95:23, 111:9, 125:19, Sheridan 230:22 184:12, 184:12,. 184:14, 187:1 134:9, 174:5, 177:3 Sheriff 100:24 184:24, 189:14, smells 158:14, sort 99:18, 101:21, shod 212:11 192:4, 209:22, 233:5 158:24 118:20, 123:7 short 12:6, 23:21, sited 36:10, 172:16 smokestacks sorts 119:3, 143:5 96:16, 215:19 sites 95:18, 119:17, 130:18 sound 18:6, 106:20, Shorthand 236:8, 178:8 smoking 83:15 106:21, 186:23, 236:10, 236:13 Siting 49:15, 49:16, so-called 117:12 187:8, 187:14 shortly 165:23 50:6, 53:3, 118:2, softly 188:12 south 4:13, 8:5, shot 117:22, 201:13, 166:3, 167:9, 167:10, soil 158:9, 158:9, 12:9, 60:3, 71:21, 203:11 167:20, 169:14, 160:13 76:15, 155:8, 156:22, Shouldn't 106:22 169:17, 169:17, sold 43:13 196:5, 223:5, 223:9, show 10:23, 120:8, 171:19, 176:15, solicited 26:2 223:9, 223:10, 120:14, 136:15, 178:12, 178:13, Solid 45:2, 45:3, 223:13 191:8, 192:1, 232:11, 180:10, 188:21, 45:6, 45:10, 168:4, southern 17:4, 232:12 189:19, 192:10, 168:12, 168:16, 78:24, 82:1 showing 38:5 192:13, 220:1 168:21, 180:18, southwest 4:14, shown 132:9, sits 36:16, 49:1, 182:13, 184:11, 14:19, 64:11, 78:2 132:10, 132:14 49:20 188:14, 213:10, southwesterly 11:19 shows 14:17, 53:6, sitting 182:3, 218:13, 218:15, space 50:10 131:15 201:21, 212:3, 219:3, 220:10 span 215:19 sic 102:16, 127:23, 214:10 solution 162:4, speaker 26:13, 186:17 situated 10:1, 159:2 178:17, 178:18 26:21, 27:1 sickening 37:17 situation 29:8, solve 122:9 speakers 28:17, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 263 September 26, 2006 29:5 144:5, 144:11 163:22, 187:18, 224:16 speaking 115:17, square 4:13 196:6 stress 140:20, 133:23, 171:20 squeeze 134:2 statement 22:24, 169:22 speaks 69:18 ss 236:2 49:13, 67:22, 81:13, strip 159:6 SPEARS 2:9, 5:9, SSA 101:21 84:8, 135:5, 173:4, strong 37:17 5:10, 7:6, 7:7, 8:16, Staff 13:23, 15:5, 178:18, 180:11, structure 136:21 8:17, 27:16, 27:17, 15:15, 15:19, 23:3, 186:19, 193:8, 206:5, structures 133:5, 70:12, 75:24, 76:1, 23:13, 25:11, 48:9, 209:8, 209:11, 137:2 77:12, 77:13, 124:19, 72:10, 118:19, 213:21, 221:19, struggle 209:20, 124:20, 126:13, 118:21, 128:3, 228:20, 228:23 209:24, 210:5 126:14, 154:13, 128:16, 162:16, statements 118:9, stuff 16:7, 66:19, 154:14, 156:1, 156:2, 163:17, 164:4 168:23, 171:13, 118:18, 120:23, 216:18, 216:22, stage 192:8 194:21, 201:23, 136:9 217:15, 220:7, stall 114:2 216:19 style 159:7 220:13, 220:16, stand 3:8, 37:17, states 135:24 subclassification 221:4, 221:9, 221:14, 64:9, 65:18, 93:12, stating 34:15, 139:7, 128:22 222:15, 222:16, 174:10 186:24 Subdivision 39:18, 224:3, 224:4, 234:9, standard 107:21, station 8:2, 10:13, 116:9, 210:10 234:10 203:7 19:7, 19:14 subdivisions 19:10, Special 4:9, 8:1, 8:8, Standards 107:8, stations 177:5, 39:21, 146:13 10:12, 19:13, 49:10, 107:9, 121:14, 180:24 subject 127:10, 134:21, 136:24, 121:18, 136:6, 136:8, statute 10:5, 54:20, 149:4, 166:22, 164:15, 202:17 136:14, 143:18, 73:9, 117:1, 167:23, 167:10, 169:8, 198:6, specialized 176:18, 213:14, 214:8 180:10, 203:23, 198:9, 198:11, 176:18 standing 85:24, 226:15 211:13, 221:11, specific 68:18, 94:8, 201:17 statutes 78:7 229:12, 230:6, 233:1 96:15, 113:2, 137:21, standpoint 161:2 statutory 53:11, submit 118:9, 119:3 137:22, 166:3, 183:6 Star 43:16, 76:5, 53:18, 54:11, 189:2, submitted 78:10, specifically 96:17, 77:24, 94:12, 102:17, 226:20 166:8, 166:16, 176:22, 209:9 102:20, 108:14, stay 48:4, 84:2, 84:3, 166:18, 181:10 specifics 133:15, 154:22, 156:13, 133:4, 198:6, 198:8, subsequent 33:4, 194:8 224:14 198:11, 221:11 33:10, 43:10 speed 38:2, 118:3, start 19:24, 20:12, stays 47:9 subsidize 196:16 227:13 20:16, 25:24, 46:9, sticks 37:19, 157:17 substantial 103:2, speeded 112:20 47:11, 58:18, 87:3, stinks 23:4, 31:17, 127:22 speeded-up 112:18, 88:1, 118:1, 122:8, 51:20, 51:21, 59:19, substitution 13:3 113:3 188:11 186:1 sudden 29:14 spelled 33:6 started 50:13, 60:3, stood 94:11, 94:18 Sue 35:2, 35:5, spend 159:21 189:5, 195:22, Stop 19:6, 22:4, 103:10, 103:12, spent 177:5 206:15 54:3, 85:18, 161:5, 211:7 sphere 79:2 starting 80:10 161:5, 178:22, 183:9, sufficient 50:10, split 228:3 starts 117:14, 192:7 183:9, 201:2 50:13 spoke 92:6, 224:19 stated 14:12, 14:23, straight 15:16, suggest 17:13, 51:9, spoken 55:21 14:23, 33:21, 48:17, 71:18, 73:19, 188:9, 153:1, 171:16, 180:7, spot 21:14, 233:16 58:14, 81:15, 81:23, 205:15 185:4, 219:15 spots 208:2 104:5, 104:6, 104:11, straighten 73:20 suggested 131:23, Springfield 53:13, 105:5, 105:8, 128:15, Street 39:5, 51:24, 173:8, 219:16 53:14, 53:15, 122:23, 129:3, 132:5, 163:7, 77:23, 95:14, 156:11, suggestion 190:20 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 264 September 26, 2006 suggests 10:11 tax 79:14, 84:20, thir 179:18 tone 159:9 suitability 189:13 84:24, 84:24, 99:8 Third 21:22, 165:24, tonight 14:2, 22:19, suitable 161:2 taxes 57:13, 79:19, 179:19, 223:7 23:11, 23:12, 24:5, sulfur 21:7 85:3, 98:24, 141:1, though 54:13, 24:13, 25:23, 25:24, summary 212:3 216:11, 216:12 163:24, 229:5 30:16, 33:3, 50:5, summer 59:19 taxpayers 60:10 thoughts 91:2, 59:2, 64:22, 81:2, Sundown 16:24, team 189:12, 213:23 135:12 81:7, 90:4, 96:16, 17:1 tease 38:1 threat 113:16, 114:5, 96:20, 97:20, 99:5, super-regulate tells 138:5 188:12, 188:13 118:6, 122:17, 144:7, 136:5 Ten 136:21, 152:19, threatened 112:20 160:3, 165:7, 165:16, superimposed 220:15, 220:16 threatening 171:4 166:11, 176:8, 178:2, 135:2 tentatively 228:3 Three 14:8, 22:21, 179:3, 179:9, 192:7, superior 50:17 term 34:1, 203:18 24:5, 25:3, 29:5, 193:2, 206:14, supermarket 118:15 terms 14:11, 37:10, 55:9, 81:19, 95:6, 212:16, 216:4 supplement 143:19 49:23, 107:9, 116:14, 120:12, 140:17, took 39:1, 146:20, Support 93:14, 116:20, 117:7, 133:1, 169:10, 172:1, 177:6, 147:2, 172:8, 173:19 94:11, 94:14, 189:9 137:6, 137:8, 138:8, 220:12, 220:13, top 133:2 supported 54:13 138:11, 143:21, 220:22, 229:22 topic 64:5, 65:14 suppose 188:7 204:14 throughout 168:23 total 35:19 supposed 17:10, test 194:7, 195:7, throw 111:3, 210:13 totally 61:16, 225:22 23:8, 24:9 195:8 thrown 115:19 touch 86:22, 219:4 supposition 67:15 testified 5:18, 9:13, THUROW 230:15, tough 201:21 surely 111:3 16:20, 18:22, 19:20, 230:18, 230:21, towards 182:2 surreal 139:2 22:16, 28:24, 31:9, 230:21, 231:18, towers 159:7 suspect 61:8, 91:4 32:4, 35:3, 41:5, 231:21, 232:1 town 35:20, 56:22, sworn 194:5, 236:7 43:5, 44:12, 49:7, Thursday 89:21, 56:23, 64:18, 139:5, Sycamore 4:14 55:5, 56:1, 58:5, 112:16, 219:10 141:7, 148:5 system 59:23 66:6, 70:7, 72:18, tied 98:10 Township 10:2, systematically 77:19, 92:24, 95:11, timely 73:3, 180:16 223:6, 229:3, 229:8, 85:19 102:12, 112:9, Timetable 23:24, 229:8, 229:24, 114:10, 116:6, 95:16, 96:1, 96:2, 232:15, 232:20, 126:22, 138:21, 96:3 233:16 < T > 148:24, 149:16, timing 96:8, 97:7, townships 190:15 table 29:13, 39:1, 164:9, 184:1, 187:23, 163:24 toxic 210:14 74:10, 114:4, 196:1, 202:12, 215:10, title 102:23, 103:3 track 31:17, 232:10 205:5, 214:10 230:19 today 103:23, 104:2, traffic 20:17, 20:18, tables 23:19 testifies 120:23 106:2, 158:18 57:14, 86:4, 86:7, taint 205:16 testimony 90:22, Todd 22:15, 22:17, 88:2, 143:6, 159:16, talked 58:16, 82:17, 94:4, 129:7, 195:13 193:23 171:24, 172:17, 84:10, 84:19, 85:5, testing 213:24, together 22:21, 175:8, 203:20 134:12, 134:12, 214:9 23:17, 48:16, 87:6, trailed 95:24 139:24, 172:12, Thanks 74:6, 119:7, 88:9, 147:16, 217:12 train 178:23 173:16, 189:20, 123:15 tolerate 87:18 transcript 16:5, 209:9, 226:7 themselves 99:18, Tom 28:23, 29:2, 106:17, 236:13 talks 18:7, 84:20, 101:10 63:5 transfer 177:5, 186:3 thereabouts 191:1 tomorrow 139:14 180:24 tape 82:13, 209:8 therein 166:22 ton 195:19, 195:23, transition 163:3 tapes 50:9 thinking 147:1 196:9 transitional 15:7, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 265 September 26, 2006 163:3 135:24 40:24, 42:16, 46:21, upkeep 187:1 transmission 159:8 tw 28:1, 29:4, 29:24, 48:6, 52:22, 59:22, upset 112:3, 217:18, trash 86:12 89:5, 200:17 68:8, 87:8, 89:8, 217:22 travel 66:23, 229:12 twenty 196:13, 197:2 89:15, 92:17, 108:3, urge 31:12, 79:11, traverse 188:5 Two 12:11, 23:14, 109:6, 109:11, 111:2, 207:21 Travis 13:15, 81:10, 25:1, 32:10, 34:4, 111:18, 111:23, urgent 57:13 96:12, 106:6, 128:2, 34:7, 37:11, 39:3, 129:11, 134:6, 141:9, urging 209:23 129:15, 151:5 45:7, 61:2, 72:21, 147:5, 149:5, 169:21, useful 11:24 treading 211:14 89:22, 92:5, 110:6, 169:22, 186:9, 195:1, uses 17:18, 17:19, Treasurer 2:11 122:18, 130:20, 200:9, 201:4, 201:24, 79:8, 81:1, 98:21, treatment 24:4, 25:5 139:1, 146:13, 204:16, 211:4, 99:10, 129:23, trend 190:12 156:19, 165:15, 227:16, 227:20 129:24, 130:23, trial 54:14, 174:8 172:1, 179:17, understanding 18:9, 131:3, 131:4, 131:4, trick 174:8 179:21, 181:19, 48:19, 58:18, 59:3, 131:5, 157:10, tried 58:11, 58:12 191:1, 191:19, 196:9, 99:7, 163:20, 181:23, 159:12, 163:1, trucking 36:13 196:14, 197:7, 185:14, 185:16, 163:19, 225:20 trucks 35:17, 55:11, 215:21, 232:7 229:17 using 72:3 84:6, 86:12 two-fold 106:24 understood 191:16 utilities 101:18, true 24:6, 43:14, two-part 181:19 unfortunate 177:15 101:20, 133:7 75:1, 82:5, 103:18, type 20:22, 32:22, Unfortunately 52:19, utility 133:2, 133:8, 108:10, 113:11, 51:2, 98:13, 98:23, 78:13, 176:6, 211:15 136:22 135:4, 204:7, 236:12 99:8, 101:22, 102:20, unheard 173:23 utilize 98:14 Truly 144:18, 145:3, 102:21, 102:24, UNIDENTIFIED 31:3, utmost 89:24 147:6 130:15, 207:8 44:4, 91:12, 174:3 Trust 76:5, 77:24, types 130:20 unincorporated 78:1, 94:12, 102:23, Typically 39:20, 35:9, 35:12, 35:21, < V > 103:4, 103:5, 103:7, 41:21, 42:9, 96:7, 114:14, 168:18, vacate 227:11, 103:14, 123:2, 98:22, 117:23, 169:1, 211:18 227:21, 228:16 154:22, 156:13, 130:19 uninformed 24:6 vacating 226:20, 156:13, 213:22, unique 217:7 229:14 224:14, 224:15 Unit 135:15, 135:16 vacation 95:22, trustee 102:22 United 1:2, 2:16, 4:8, 223:4, 225:5, 225:10, truth 198:18, 206:15 u/t 76:6, 154:22 4:9, 7:20, 7:22, 7:23, 231:11, 231:17 try 6:4, 59:15, 123:1, ulterior 30:10 48:22, 48:24, 76:8, VALERIE 2:5 143:19, 148:3, ultimate 46:10, 76:9, 76:11, 125:4, Valley 55:8, 55:12, 174:10, 180:7, 135:6 125:6, 125:9, 154:24, 85:7 185:15 ultimately 98:1, 155:2, 155:3 value 110:9, 177:10, trying 16:11, 21:4, 165:2, 175:11, 219:1 units 99:2 178:1, 232:20 21:11, 23:22, 35:8, unanimous 14:6, unless 26:16, 133:8, values 114:23 48:4, 59:14, 66:22, 81:17 182:7, 216:15 variety 157:10 100:21, 118:2, unanimously 128:9 unlike 17:18 Various 17:7, 138:14, 141:1, 181:8, unbelievable 141:8 until 21:15, 26:14, 101:24, 103:8, 189:1, 208:5, 215:19 underground 42:4, 65:14, 82:13, 217:20 tucked 136:9 132:22, 136:22 88:24, 93:22, 101:12, ventures 80:10, Tuesday 89:21, underlying 68:12, 110:23, 122:8, 165:4, 103:1 89:21, 219:12 93:10, 127:7, 128:20, 175:17, 175:18 Verna 114:9, 114:12 turn 20:22, 67:20 229:11 update 78:22 version 166:7 turned 54:12, 60:6, Understand 29:16, upgrade 57:17 versus 45:17, 45:20, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 266 September 26, 2006 137:16 53:15, 117:21, 71:5, 71:13, 72:21, 33:17, 33:23, 34:5, viable 196:8 142:16, 185:21, 76:16, 95:14, 132:15, 34:10, 34:20, 37:8, vice-president 16:24 200:4, 200:6, 209:6 150:10, 155:9, 37:8, 51:23, 65:20, view 36:4, 38:13, warehousing 131:4 156:17, 184:3, 65:23, 102:18 169:23, 174:13 Warren 148:23, 215:13, 223:11 whoever 117:10, village 17:8, 146:1, 149:2 westerly 127:15 117:11, 118:10, 228:18 Waste 45:2, 45:3, whatever 19:7, 42:7, 119:20, 121:2 Virginia 231:3 45:6, 45:10, 157:16, 43:16, 49:20, 61:23, whole 30:2, 31:16, virtue 10:4 168:4, 168:12, 92:10, 113:15, 121:4, 64:6, 83:18, 109:12, virus 64:18 168:16, 168:22, 134:13, 134:17, 109:21, 147:2, 160:8, VITOSH 1:8, 236:6, 180:15, 180:16, 138:4, 144:2, 158:22, 186:9, 189:7, 218:16, 236:23 180:18, 182:13, 162:6, 181:10, 187:4, 232:2 voice 116:12, 143:9 184:11, 188:14, 194:8, 204:20, whomever 43:11 voted 33:18, 54:3, 188:16, 210:14, 204:21, 206:22, wide 159:6 56:11, 91:17, 128:8, 213:10, 218:13, 231:2 width 133:16 197:18, 197:24, 218:15, 219:3, 219:9, whenever 206:19 wife 86:2, 87:16 207:9, 226:22 220:10 WHEREOF 236:16 WILLIAM 2:11 votes 33:4, 34:4, watch 88:5 WHEREUPON 3:1, willing 191:15 34:7 watching 30:18 5:16, 9:11, 16:18, win/win 63:14 voting 65:10, 65:11, Water 21:5, 63:10, 18:20, 19:18, 22:14, wind 39:17 68:7, 117:22, 226:10 63:16, 77:23, 95:17, 28:22, 31:7, 32:2, window 150:13 96:5, 96:12, 96:22, 35:1, 41:3, 43:3, windows 37:13 98:15, 101:10, 111:4, 44:10, 49:5, 55:3, winds 35:14 < W > 122:8, 156:11, 173:7, 55:23, 58:3, 66:4, wins 119:20, 178:15 Wait 25:6, 82:13, 194:1, 224:15 70:5, 72:16, 77:17, wisdom 63:7 122:23, 215:5, 227:4 waters 146:2 92:22, 95:9, 102:10, wish 10:22, 98:2, waiting 210:22 ways 57:17, 109:16, 112:7, 114:8, 116:4, 183:3, 183:8 waiving 41:16 109:18 126:20, 138:19, withdrawn 10:14 walk 58:23 web 56:16, 105:24, 148:22, 149:14, within 11:18, 12:23, walked 88:17, 118:4, 118:5 164:7, 183:23, 13:1, 23:9, 60:5, 195:24 Webb 63:9 187:21, 202:10, 60:8, 67:1, 72:12, Walker 156:21, Wednesday 166:16 215:8, 230:17 79:4, 82:7, 98:10, 224:20 week 166:9, 170:16, Whether 36:11, 119:16, 131:3, wanted 51:1, 55:14, 179:19, 195:17, 52:11, 53:5, 53:16, 152:15, 180:15, 66:19, 90:7, 105:21, 217:8 61:23, 79:24, 92:10, 182:15, 227:8 119:7, 160:24, weeks 87:17, 107:6, 112:18, without 23:18, 26:2, 167:24, 171:23, 174:19, 215:21 112:24, 113:14, 26:4, 54:16, 54:16, 172:19, 172:20, weighing 122:20 114:5, 117:10, 142:21, 148:2, 152:3, 173:5, 174:14, welcome 39:11, 118:11, 120:14, 175:2, 207:7, 218:21 174:14, 174:15, 39:12, 92:20, 192:18 141:10, 141:24, withstands 192:22 175:1, 187:18, welding 122:5 143:9, 144:2, 146:4, WITNESS 236:16 191:10, 203:21, welfare 160:12 152:15, 158:20, witnesses 192:16 204:2, 219:6 Wells 21:8, 85:11, 160:6, 174:14, WOLFER 2:6, 4:17, wanting 61:11, 194:7, 194:23, 195:7, 174:15, 190:14, 5:1, 5:2, 6:16, 6:22, 66:10, 66:13, 66:18, 195:9, 231:3, 231:12 193:19, 207:8, 6:23, 8:12, 8:24, 9:1 , 68:16, 93:3, 196:15, West 12:6, 19:1, 209:10 27:5, 27:6, 67:11, 198:24 29:15, 32:5, 35:14, WHITE 21:14, 32:3, 74:16, 75:6, 75:16, wants 32:17, 52:23, 37:8, 38:23, 65:23, 32:5, 32:5, 33:14, 75:17, 76:19, 77:4, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 267 September 26, 2006 77:5, 124:11, 124:12, <Y> 154:23, 154:23 126:5, 126:6, 154:5, y'all 85:23, 88:13, may 16, 2006 168:3, 154:6, 155:17, 92:3, 92:4, 201:15 168:3, 168:3 155:18, 179:7, 180:2, yank 136:16 may 4, 2006 168:22, 185:16, 185:24, yard 18:15, 38:13, 168:22, 168:23 186:5, 186:24, 222:7, 210:14 september 26, 2006 222:8, 223:19, year 62:3, 62:8, 1:8, 1:8, 1:9 223:20, 234:17, 110:9, 110:10, 234:18 146:22, 146:23, woman 232:6 147:2, 148:12, 158:8, wonder 35:10, 158:11, 170:17, 112:15 171:6, 191:3 wonderful 57:4 years 20:14, 29:8, wondering 59:5, 40:20, 45:8, 50:12, 73:2, 95:15, 150:17, 55:8, 62:10, 86:2, 150:24, 216:3, 216:8 86:6, 145:4, 145:22, word 87:2, 88:16, 146:1, 146:3, 152:20, 89:12, 89:12, 89:13, 157:14, 180:23, 136:18, 194:12 217:13 words 190:22 Yesterday 10:8, work 51:23, 85:14, 103:22, 104:1, 105:5, 87:23, 141:5, 188:6, 105:8, 105:23, 106:2, 199:12, 207:22 107:18, 108:2, worked 45:24, 158:8 108:14, 139:6, 161:6, working 88:1 161:15, 166:2, works 36:5, 90:8, 166:11, 170:7, 194:2, 118:23 206:14 worrying 35:21 Yorkville-bristol worse 52:22, 41:12, 97:20 144:14, 144:16 yourself 88:23, worst 161:24, 162:4, 169:13, 221:21 178:9 yourselves 80:24 worth 161:18 wrap 193:4, 193:10, 204:9, 205:12, < Z > 205:13 zer 81:18 write 41:23 zero 128:8 written 14:13, 118:9, zoned 10:17, 110:15, 119:3, 119:4 128:23, 153:2, 153:3, wrote 65:21 199:7 WSPY 209:7 zones 109:13 Wyeth 2:15, 8:9, zonings 127:19, 33:2, 33:16, 33:20, 130:20 33:24, 34:7, 46:6, 73:9, 174:18, 174:21, 174:23 < Dates > august 8, 2006 76:6, 76:6, 76:6, 154:23, Depo Court Reporting Service (630) 983-0030 Page 1 of 1 DRAFT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday,November 21, 2006—7:00 pm In Attendance: City Art Prochaska- Mayor Travis Miller—Community Development Director Rose Spears—Alderwoman John Crois—Interim City Administrator Dean Wolfer—Alderman David Mogle—Executive Director Parks &Rec. Guests See Guest Lists. Mayor Art Prochaska cancelled the meeting due to lack of a quorum at 7:15pm. Submitted by Marlys Young, Minute Taker 09/1611996 02:24 5532782 t PAGE 01 t,��D CITb Reviewed By: e"est Legal ❑ City Council Finance �1 - Engineer ❑ ,01 Agenda Item Tracking Number. . , City Administrator ❑ .0 70 Consultant ❑ City Council Agenda.Item Summary Memo Title: Beecher Center Roof Repair City Council/COW!Committee Agenda Date: COW 12-5-06 Synopsis: Quote from Advanced Roofing for Emergency roof replacement for the Beecher Center Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Super!Majority Council Action Requested: oval. Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: 09/23/1996 05:00 5532782 PAGE 02 O ► United. City of Yorkville Memo o Public Works Department Est �' 18313 800 Game Farm Road Yorkville, Illinois 60560 F _ 3 Telephone: 630-553-4370 �,v� Fax: 630-553-4377 LE 1 Date: December 7, 2006 To: Art Prochaska, Mayor From: Eric Dhuse. Director of Public Works Piit CC: John Crois, Administrator John Wyeth, City Attorney Subject: Beecher Roof Art, I spoke with Gary Williams of the Building Department to verify the cost of$1.95 /sf for replacement of plywood if needed. He thought, as I did, that this is a reasonable price. It is my belief that every company would have a clause in the contract such as this so it is known up front. I would also recommend not waiting any longer. The only reason we have waited this long is to find out if we bad any recourse against the shingle manufacturer. My recommendation would be to approve the quote as presented and get the work done as quickly as possible. I have attached the City Council minutes from March 25, 1999 showing that with the replacement of the substructure(ply-wood)the price is close to what the quote that was given a very short time ago, If you have any questions or concerns, please let me know. 09/23/1998 05:00 55:32782 PAGE 03 Minutes of the_Regular Meeting_ of the City CounGiL_M.arch25, 1999 -Page 3 City Treasurer stated the City Council has asked to change the Life Insurance of the city employees to BMA He stated he has a check for$700,00 to finish the enrollment cost and would like the City Council to authorize it. A motion was made by Alderman Sticka to authorize payment of the $700.00 to BMA Life Insurance to complete the enrollment process: seconded by Alderman Sowinski. Approved by roil call vote. Kot aye spears aye Burd aye Sowinski Aye Anderson aye Prochaska aye Sticka aye Spang aye Ayes: 8 Nays: 0 CITY ADM iN1STi „S REP_OgI City Administrator Nanninga stated there were four good quotes for the fixed asset appraisal. He said the quotes will be taken before the Finance Committee. SCHOOL COMMUNITY RE.PO$T No report. S None. 1_W_B_USLNESS None COMMITTEE REPORTS Essrairimigior PUBLIC WORKS COMMITTEE REPORT A ARD BID FOR BEECHEEt BUILDING ROO REPAIR A motion was made by Alderman Sowinski to award a contract to J.L. Adler Roofing, Inc. for the project"Beecher Building Roof Repair"for the base bid amount of$17,290.00, and also for Option B for removing the existing shingle roof and replacement of deteriorated substructure for the amount of $8,450,00, for a total contract amount of $23,740.00; seconded by Alderman Burd. Approved by roll call vote. Spears aye Burd aye Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Ayes: B Nays: 0 AWARD B1D FQ AV�,�STREET PRO,.iECT A motion was made by Alderman Sowinski to award a contract to Aurora Blacktop, Inc.for the project"Beaver Street Roadway Improvements(Illinois Route 47 and Badger Street)" for the amount of $68,953,30, subject to approval of the Illinois Department of Transportation; seconded by Alderman Prochaska_ n9/7R/1996 85:80 5532782 PAGE 81 UNITED CITY OF YORKVILLE FAX COVER SHEET TO: PROM: • COMPANY: COMPANY: FAX NTJMO]3tt: TOTAL NO.OF PAGES INCLUDING COVER PHONE NUMBER, DATE.: RE: ❑ URGENT ❑ FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTE,$/COMMENTO: _ 111 th • 800 GAME FARM RD. YORKVILLE, IL 60560 PHONE: 630-553-4370 FAX: 630-553-4377 tr (041.:13Co). Reviewed By: Legal ❑ City Council EST. - 1836 Finance ❑ Engineer 0 -< 92 City Administrator ❑ Agenda Item Tracking Number �°.�$e11 O Consultant 0 O COW 2006 - 13 <&E %vv` Human Resources ❑ City Council Agenda Jtem Summary Memo Title: Kendall Marketplace Business District City Council/ COW Agenda Date: December 5, 2006 - _ 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: ,s,t) ® United City of Yorkville Memo T 800 Game Farm Road EST. `- 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 oepo p Fax: 630-553-7575 +. Ken d4 Gouley LE rte`` Date: December 8, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney CC: Susan Mika, Director of Finance, Bart Olson, Asst, City Administrator Subject: Kendall Marketplace Financing In follow up to the COW meeting,and the Kendall Marketplace Financing,please be reminded that the enactments are voluminous, and therefore the attachments listed below are not included in your Council Packets. The attachments are available in final form at City Hall. They are stacked in Binder Clips on the counter just to the left of the Conference Room Door(below the Building Safety and Engineering Boxes). If you would like,please feel free to contact me or Bart Olson to assist you in reviewing them. The Ordinances are in your packets. Here is a complete listing of the Ordinances and the attachments: 1. Ordinance Designating United City of Yorkville Kendall Marketplace Business District and Imposing a Retailers'Occupation Tax and Service Occupation Tax Therein. Exhibit A- Certificate of publication of notice of hearing published in the Aurora Beacon News on September 30, 2006 Exhibit B - Certificate of publication of notice of hearing published in the Kendall County Record on October 5, 2006 Exhibit C - Legal Description Exhibit D - Map Exhibit E - Business District Plan 2. Ordinance providing for the Issuance of United City of Yorkville,Kendall County, Illinois Business District Revenue Bonds, Series 2007 (Storm Water/Water Improvement Project). Exhibit A - Legal Description Exhibit B - form of Trust Indenture Exhibit C - form of Bond Purchase Agreement Exhibit D - form of Development Agreement Exhibit E - form of Limited Offering Memorandum I. ORDINANCE NO. 2006- AN ORDINANCE DESIGNATING UNITED CITY OF YORKVILLE KENDALL MARKETPLACE BUSINESS DISTRICT AND IMPOSING A RETAILERS' OCCUPATION TAX AND SERVICE OCCUPATION TAX THEREIN BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. Authority. The United City of Yorkville (the "City") is authorized, pursuant to the provisions of the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et semc. (the "Act"), to designate business districts to promote development or redevelopment in the City and to impose a retailers' occupation tax and a service occupation tax therein and to issue bonds to provide for the payment of business district project costs. Section 2. Findings. (a) The designation of the area hereinafter described as the Kendall Marketplace Business District (the "Business District") was considered at public hearings held on October 17, 2006 and October 24, 2006 (the "Public Hearings"). The Public Hearings were held pursuant to notice duly published in the Aurora Beacon News and the Kendall County Record, newspapers of general circulation within the City, on September 30, 2006 and October 5, 2006, respectively. Certificates of publication of notice are attached to this Ordinance as Exhibit A and Exhibit B, respectively. Said notices conform in all respects to the requirements of the Act. (b) At the Public Hearings, all interested persons were given an opportunity to be heard on the question of the designation of the Business District, the approval of a business district development plan for the Business District, the imposition of a retailers' occupation tax and a service occupation tax in the Business District for the planning, execution and implementation of the business district development plan and for the payment of business district project costs as set forth in such plan, and the issuance of obligations by the City to provide for the payment of business district project costs secured by the business district tax allocation fund established pursuant to the Act. (c) After considering the data as presented to the City Council of the City and at the Public Hearings, the City Council of the City finds that it is in the best interests of the City and of the residents and property owners of the Business District that the Business District be designated. (d) The Business District is contiguous and includes only parcels of real property directly and substantially benefited by the proposed business district development plan as required by the Act. CHI2_656711.3 (e) The Business District is a blighted area that, by reason of the predominance of defective or inadequate street layout, constitutes an economic liability to the public health, safety, morals, or welfare in its present condition and use. (f) The Business District on the whole has not been subject to growth and development through investment by private enterprises and would not reasonably be anticipated to be developed without the adoption of the business district development plan. (g) It is in the best interests of the City that the Business District be designated for the financing of the Business District project costs as set forth in the Business District Plan hereinafter described, that a retailers' occupation tax and a service occupation tax be imposed in the Business District for the planning, execution, and implementation of the Business District Plan and for the payment of Business District project costs as set forth in the Business District Plan, and that obligations by the City be issued to provide for the payment of Business District project costs secured by the Kendall Marketplace Business District Tax Allocation Fund established pursuant to the Act and hereinafter described. Section 3. Designation of United City of Yorkville Kendall Marketplace Business District. A business district to be known and designated as "United City of Yorkville Kendall Marketplace Business District" is hereby designated and shall consist of the contiguous territory legally described in Exhibit C hereto, and outlined on the map of a portion of the City attached as Exhibit D hereto, which description and map are by this reference incorporated herein and made a part hereof Section 4. Approval of United City of Yorkville Kendall Marketplace Business District Development Plan. There has heretofore been presented to the City Council and considered at the Public Hearings a plan for the development of the Business District prepared by Ehlers & Associates, Inc. (the "Business District Plan"), attached as Exhibit E hereto and by this reference incorporated herein and made a part hereof. The Business District Plan is found to conform to the requirements of the Business District Act and to promote the public interest. The Business District Plan is hereby approved. Section 5. Imposition of Tax; Creation of Kendall Marketplace Business District Tax Allocation Fund. Pursuant to the Business District Act, there is hereby imposed a retailers' occupation tax and a service occupation tax in the Business District at the rate of one-half of one percent (0.50%) for the planning, execution and implementation of the Business District Plan, the payment of Business District project costs as set forth in the Business District Plan and the payment of obligations of the City issued to provide for the payment of Business District project costs. Such tax shall be collected and enforced by the Department of Revenue in and the same manner as all retailers' occupation taxes and service occupation taxes imposed in the City. The proceeds of such tax shall be deposited into a special fund of the City which is hereby created and designated the "Kendall Marketplace Business District Tax Allocation Fund." Section 6. Filing. A certified copy of this Ordinance, together with a description of the boundaries of the Business District, shall be filed with the Department of Revenue on or before April 1, 2007. 2 CH 12_656711.3 Section 7. Supercede Conflicting Ordinance. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 8. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS this 12th day of December, 2006. VOTING AYE: VOTING NAY: ABSENT: ABSTAINED: NOT VOTING: APPROVED: Mayor ATTEST: City Clerk Published in pamphlet form December 12, 2006. 3 CHI2_656711.3 }a UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS ORDINANCE NUMBER 2006- AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS BUSINESS DISTRICT REVENUE BONDS, SERIES 2007 (STORM WATER/WATER IMPROVEMENT PROJECT) ADOPTED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS The 12th day of December, 2006 Published in pamphlet form by authority of the City Council of the United City of Yorkville, Kendall County, Illinois this 12th day of December, 2006. CH 12_656639.3 ORDINANCE NO. 2006- AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS BUSINESS DISTRICT REVENUE BONDS, SERIES 2007 (STORM WATER/WATER IMPROVEMENT PROJECT) BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. Findings and Declarations. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the"City") as follows: a. The City has previously designated the Kendall Marketplace Business District described more fully in Exhibit A to this Ordinance (the "Business District") pursuant to Ordinance Number 2006-_ adopted on December 12, 2006 (the "Designation Ordinance") and the provisions of the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. (the "Business District Act") and has otherwise complied with all other conditions precedent required by the Business District Act. b. It is necessary and in the best interests of the City to provide at this time improvements benefiting the Business District consisting of land for civic and recreational use, land underlying a detention pond and a detention pond and retaining wall servicing the Business District, a water system, a fire protection system, and other eligible costs to serve the Business District (the "Improvements"). The City presently estimates the total cost of these Improvements together with costs of borrowing money for that purpose, funding administrative expenses and providing for necessary debt service reserves and capitalized interest (collectively, the "Costs of the Improvements") to be approximately$10,000,000. c. The City does not have sufficient funds on hand or available from other sources with which to pay the Costs of the Improvements. d. It is in the best interests of the City to issue not to exceed $10,000,000 principal amount of its Business District Revenue Bonds, Series 2007 (Storm Water/Water Improvement Project) (the "Bonds") as provided in this Ordinance, to pay or provide funds for a portion of the Costs of the Improvements. e. The borrowing of the sum of not to exceed $10,000,000 and the issuance of the Bonds in that amount are for purposes constituting business district project costs in the Business District under the Business District Act. f. After due publication of a notice as required by the Business District Act, public hearings to consider the establishment of the Business District, the approval of a business district development plan for the Business District, the imposition of a retailers' occupation tax and a service occupation tax in the Business District for the planning, CH 12_656639.3 execution, and implementation of the business district plan and for the payment of business district project costs as set forth in such plan, and the issuance of obligations by the City to provide for the payment of business district project costs secured by the business district tax allocation fund established pursuant to the Business District Act, were held on October 17, 2006 and October 24, 2006 at 7:00 p.m. Section 2. Issuance of Bonds. The City shall borrow the sum of not to exceed $10,000,000 by issuing the Bonds as provided in this Ordinance. The Bonds which shall be designated "United City of Yorkville, Kendall County, Illinois Business District Revenue Bonds, Series 2007 (Storm Water/Water Improvement Project)," and shall be issued for the purpose of providing a portion of the funds needed for the Costs of the Improvements. The Bonds shall be issued pursuant to the powers of the City pursuant to the Business District Act and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq. (the"Debt Act"). Section 3. Approval of Documents. There have been submitted to the City Council forms of the following documents relating to the issuance of the Bonds: a. a form of Trust Indenture (the "Indenture") between the City and The Bank of New York Trust Company, N.A., as Trustee, to be dated as of January 1, 2007, which form of Indenture is attached as Exhibit B to this Ordinance; b. a form of Bond Purchase Agreement (the "Bond Purchase Agreement") among the City, William Blair & Company, L.L.C., as Underwriter (the "Underwriter"), and Cannonball LLC (the "Developer") to be dated as of the date the offer of the Underwriter to purchase the Bonds is accepted by the City, which form of Bond Purchase Agreement is attached as Exhibit C to this Ordinance; c. a form of Development Agreement between the Developer and the City, which form of Development Agreement is attached as Exhibit D to this Ordinance; and d. a form of the preliminary Limited Offering Memorandum (the "Limited Offering Memorandum") used by the Underwriter in its initial offering of the Bonds, which form of Limited Offering Memorandum is attached as Exhibit E to this Ordinance. Such documents are approved as to form and substance and the Mayor and the City Clerk of the City are authorized and directed to execute and deliver and/or authorize the use of such documents on behalf of the City in the forms submitted with such additions, deletions and completions of the same (including the establishment of the terms of the Bonds within the parameters set forth in this Ordinance) as the Mayor and the City Clerk deem appropriate; and when each such document is executed, attested, sealed and delivered on behalf of the City, as provided herein, each such document will be binding on the City; from and after the execution and delivery of each such document, the officers, employees and agents of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such additional documents as may be necessary to carry out, comply with and perform the provisions of each such document as executed; and each such document shall constitute, and hereby is made, a part of this Ordinance, and a copy of each such document shall be placed in the official records of the City, and shall be available for public inspection at the office of the City Clerk. 2 CHI2_656639.3 Either the Mayor or the City Clerk is authorized and directed, subject to the terms of the Bond Purchase Agreement as executed, to execute the final Limited Offering Memorandum in substantially the form of the preliminary Limited Offering Memorandum presented hereto with such changes, additions or deletions as they deem appropriate to reflect the final terms of the Bonds, the Indenture and other matters. Section 4. Bond Terms. The Bonds shall be issued as provided in the Indenture and shall be issued in the principal amount of not to exceed $10,000,000, shall be dated, shall mature, shall bear interest at the rates (not to exceed in any year seven percent (7%) per annum) and shall be subject to redemption at the times and prices as set forth in the Indenture, and shall be sold to the Underwriter at a purchase price of not less than 98.5% of the principal amount of the Bonds with an original issue discount of not to exceed 2% of the principal amount of the Bonds, all as set forth in the Bond Purchase Agreement. The execution and delivery of the Bond Purchase Agreement by the Mayor and the City Clerk shall evidence their approval of the terms of the Bonds set forth above. Section 5. Execution and Delivery of Bonds. The Mayor and the City Clerk are authorized and directed to execute and deliver the Bonds and, together with other Authorized Officers (as defined in the Indenture), to take all necessary action with respect to the issuance, sale and delivery of the Bonds, all in accordance with the terms and procedures specified in this Ordinance and the Indenture. The Bonds shall be delivered to the Trustee who is directed to authenticate the Bonds and deliver the Bonds to the Underwriter upon receipt of the purchase price for the Bonds. The Bonds shall be in substantially the form set forth in the Indenture. Each Bond shall be executed by the manual or facsimile signature of the Mayor and the manual or facsimile signature of the City Clerk and shall have the corporate seal of the City affixed to it (or a facsimile of that seal printed on it). The Mayor and the City Clerk (if they have not already done so) are authorized and directed to file with the Illinois Secretary of State their manual signatures certified by them pursuant to the Uniform Facsimile Signatures of Public Officials Act, as amended, which shall authorize the use of their facsimile signatures to execute the Bonds. Each Bond so executed shall be as effective as if manually executed. In case any officer of the City whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before authentication and delivery of any of the Bonds, that signature or facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The Bonds shall contain a recital that they are issued pursuant to Section 11-74.3(14) of the Business District Act. Such recital shall be conclusive evidence of the validity of the Bonds and the regularity of their issuance. No Bond shall be valid for any purpose unless and until a certificate of authentication on that Bond substantially in the form set forth in the bond form in the Indenture shall have been duly executed by the Trustee. Execution of that certificate upon any Bond shall be conclusive evidence that the Bond has been authenticated and delivered under this Ordinance. 3 CH 12_656639.3 Section 6. Bonds are Limited Obligations; Sales Taxes; Pledge. The Bonds shall constitute limited obligations of the City, payable from the Sales Taxes (as defined below) imposed in the Business District as provided below. The Bonds shall not constitute the general obligations of the City and neither the full faith and credit nor the unlimited taxing power of the City shall be pledged as security for payment of the Bonds. Pursuant to the Designation Ordinance and in accordance with the Business District Act, the Issuer has imposed a one-half of one percent (0.5%) retailers' occupation tax and service occupation tax which shall be collected by the Issuer and enforced by Illinois Department of Revenue (the "Sales Taxes"). The Sales Taxes imposed and collected as provided above shall be deposited in the Business District Tax Allocation Fund created pursuant to the Indenture and are appropriated to and are irrevocably pledged to and shall be used only for the purposes set forth in Section 5.3 of the Indenture. Section 7. Special Covenants. The City covenants with the holders of the Bonds from time to time outstanding that it (i) will take all actions which are necessary to be taken (and avoid any actions which it is necessary to avoid being taken) so that interest on the Bonds will not be or become included in gross income for federal income tax purposes under existing law, including without limitation the Internal Revenue Code of 1986, as amended (the "Code"); (ii) will take all actions reasonably within its power to take which are necessary to be taken (and avoid taking any actions which are reasonably within its power to avoid taking and which are necessary to avoid) so that the interest on the Bonds will not be or become included in gross income for federal income tax purposes under the federal income tax laws as in effect from time to time; and (iii) will take no action or permit any action in the investment of the proceeds of the Bonds, amounts held under the Indenture or any other funds of the City which would result in making interest on the Bonds subject to federal income taxes by reason of causing the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, or direct or permit any action inconsistent with the regulations under the Code as promulgated and as amended from time to time and as applicable to the Bonds. The Mayor, the City Clerk, the City Treasurer and other Authorized Officers of the City are authorized and directed to take all such actions as are necessary in order to carry out the issuance and delivery of the Bonds including, without limitation, to make any representations and certifications they deem proper pertaining to the use of the proceeds of the Bonds and other moneys held under the Indenture in order to establish that the Bonds shall not constitute arbitrage bonds as so defined. The City further covenants with the holders of the Bonds from time to time outstanding that: a. it will take all actions, if any, which shall be necessary in order further to provide for the collection of the Sales Taxes imposed by or pursuant to this Ordinance or the Designation Ordinance; b. it will not take any action which would adversely affect the imposition and collection of the Sales Taxes; and 4 CH 12_656639.3 c. it will comply with all present and future laws concerning the imposition and collection of the Sales Taxes; in each case so that the City shall be able to pay the principal of and interest on the Bonds as they come due and replenish the Reserve Fund to the Reserve Requirement and it will take all actions necessary to assure the timely collection of the Sales Taxes. Section 8. Additional Authority. The Mayor, the City Clerk and the other officers of the City are authorized to execute and deliver on behalf of the City such other documents, agreements and certificates and to do such other things consistent with the terms of this Ordinance as such officers and employees shall deem necessary or appropriate in order to effectuate the intent and purposes of this Ordinance, including, without limitation, to make any representations and certifications they deem proper pertaining to the use of the proceeds of the Bonds in order to establish that the Bonds shall not constitute arbitrage bonds as defined in Section 7 above. Section 9. Severability. If any section, paragraph, clause or provision of this Ordinance (including any section, paragraph, clause or provision of any exhibit to this Ordinance) shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other sections, paragraphs, clauses or provisions of this Ordinance (or of any of the exhibits to this Ordinance). Section 10. Repealer; Effect of Ordinance. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this Ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be effective upon its passage and publication as provided by law. 5 CH 12_656639.3 PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS this 12th day of December,2006. VOTING AYE: VOTING NAY: ABSENT: ABSTAINED: NOT VOTING: APPROVED: Mayor ATTEST: City Clerk 6 CHI2_656639.3 Exhibit A UNITED CITY OF YORKVILLE KENDALL MARKETPLACE BUSINESS DISTRICT CH 12_656639.3 Cil 7.0 4 k W co 0) co co co t N_ 0 Exhibit C CH 12_656639.3 A win k G1.1 co O) M Co co to co NI 0 n N cri6) 6) W coW 0 e-f cs.:O Ctrl Reviewed By: ` * Legal ❑ City Council EST. tr_lt.... `` 1Bss i _. Finance ❑ `� Engineer 0 4. s City Administrator El Agenda Item Tracking Number op _ Consultant ❑ P S (Qc k s2 144CE v‘' ❑ City Council Agenda Item Summary Memo Title: Overnight Parking Ban Advisory Referendum City Council/Committee of the Whole Date: COW 12/5/06 'i' �1,.. ?i�IF c- Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: John Justin Wyeth City Attorney Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) y Deleted:---DRAFT--1 RESOLUTION NO. 2006- RESOLUTION AUTHORIZING AN ADVISORY QUESTION OF PUBLIC POLICY OVERNIGHT PARKING BAN WHEREAS,the City Council of the United City of Yorkville has considered the enactment of an Overnight Parking Ban;and WHEREAS,Illinois Municipal Code Section 3/1-40-60 provides that the City Council may authorize an advisory question of public policy to be placed upon the ballot at the next regularly scheduled election in the municipality(65 ILCS 5/3/1-40-60);and WHEREAS,the City Council has taken up and considered the form of the question and intends to certify said form of the question to the proper election authority(being the Kendall County Clerk)all in accordance with Election Law as required by said Section 3/1-40-60. NOW THEREFORE,upon Motion duly made,seconded and approved by the majority of those members of the City Council voting,the City Council hereby takes the following action: A. The preambles,above,are incorporated by reference is if they were written in full here. B. The following advisory question of public policy shall be placed on the ballot at the next regularly scheduled election in the municipality(said election being scheduled for -{Deleted:6 April 17, 2007): "Should the United City of Yorkville establish arcifywide overnight parking ba or_ _.--{Deleted:>< al&vehicles1 {Deleted:k {Deleted: Yes: Or No: " Deleted:¶ for the hours of 2:00 am to 6:00am C. The City Council hereby certifies this question to the Kendall County Clerk, and hereby authorizes City Clerk to deliver a Certified Copy of this Resolution to the Kendall County Clerk in furtherance of the actions taken herein, and the Clerk is further authorized to take such additional action as may be necessary to comply with Election Law in furtherance of placing said question on the ballot. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER 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. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ,A.D.2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 t /titt STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION AUTHORIZING AN ADVISORY QUESTION OF PUBLIC POLICY OVERNIGHT PARKING BAN WHEREAS, the City Council of the United City of Yorkville has considered the enactment of an Overnight Parking Ban; and WHEREAS, Illinois Municipal Code Section 3/1-40-60 provides that the City Council may authorize an advisory question of public policy to be placed upon the ballot at the next regularly scheduled election in the municipality(65 ILCS 5/3/1-40-60); and WHEREAS, the City Council has taken up and considered the form of the question and intends to certify said form of the question to the proper election authority(being the Kendall County Clerk) all in accordance with Election Law as required by said Section 3/1-40-60. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the City Council hereby takes the following action: A. The preambles, above, are incorporated by reference is if they were written in full here. B. The following advisory question of public policy shall be placed on the ballot at the next regularly scheduled election in the municipality(said election being scheduled for April 17, 2007): "Should the United City of Yorkville establish a citywide overnight parking ban for all vehicles? Yes: or No: C. The City Council hereby certifies this question to the Kendall County Clerk, and hereby authorizes City Clerk to deliver a Certified Copy of this Resolution to the Kendall County Clerk in furtherance of the actions taken herein, and the Clerk is further authorized to take such additional action as may be necessary to comply with Election Law in furtherance of placing said question on the ballot. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER 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. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 r i; 1 ' Co).. Reviewed By: 4 City Council 41413-,\; �+ Legal ❑ ' Finance ❑ EST.14 ® 1836 Engineer ❑ Agenda Item TrackingNumber 0 �' •to City Administrator ❑ , Seel 0 Consultant ❑ s ,' .{. , KenUa9 Count' ❑ City Council Agenda Item Summary Memo Title: Tax Levy Ordinance City Council / Committee of the Whole Date: City Council 12/12/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Vote Submitted by: Susan Mika Finance Name Department Agenda Item Notes: STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006 - (2006-2007 TAX LEVY) AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING May 1, 2007 AND ENDING APRIL 30, 2008 FOR THE UNITED CITY OF YORKVILLE BE IT ORDAINED by the City Council of the UNITED CITY OF YORKVILLE, Kendall County, Illinois: SECTION 1: That the total amount of the budget for all corporate purposes and public library purposes legally made to be collected from the tax levy of the current fiscal year is hereby ascertained to be the sum of$2,438,456.00. SECTION 2: That the sum of$2,438,456.00 being the total of the budget expenditures heretofore legally made and which is to be collected in part from the levy of the current fiscal year of the UNITED CITY OF YORKVILLE and further for purposes of providing for the Illinois Municipal Retirement Fund, Police Fund, Police Pension Fund, Social Security Fund, Unemployment Fund, Health & Sanitation Fund (Garbage Removal Fund), School Crossing Guard Fund, Audit Fund , General Corporate Purpose Fund, Library fund and Insurance for liability purpose, as budgeted for the current fiscal year by the annual Budget Ordinance of the UNITED CITY OF YORKVILLE for the fiscal year beginning May 1, 2007, and ending April 30, 2008, as passed by the City Council of the UNITED CITY OF YORKVILLE as a legally convened meeting prior to said fiscal year, the sum Page 1 of 9 of$2,438,456.00 is hereby levied upon all of the taxable property in the UNITED CITY OF YORKVILLE subject to taxation for the current year, the specific amounts as levied for the various funds heretofore named being included herein by being placed in separate columns under the heading "To Be Raised by Tax Levy", which appears over the same, the tax so levied being for the current fiscal year of the UNITED CITY OF YORKVILLE and for the said budget to be collected from said tax levy, the total of which has been ascertained as aforesaid and being as follows: SECTION 3: That the total amount of$2,438,456.00 tax levy, ascertained as aforesaid, be and the same is hereby levied and assessed on all property subject to taxation with the UNITED CITY OF YORKVILLE, according to the value of said property as the same is assessed and equalized for State and County purposes for the current year. SECTION 4: (a) That the foregoing item of$288,770.00 levied for Illinois Municipal Retirement Fund for City purposes and for Library Municipal Retirement Fund purposes are levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (b) That the foregoing item of$160,759.00 levied for Liability Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (c) That the foregoing item of$32,000.00 levied for Audit Fee is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (d) That the foregoing item of$17,199.00 levied for Unemployment Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. Page 2 of 9 (e) That the foregoing item of$313,983.00 levied for Police Protection Tax is levied in an amount not exceeding the maximum tax rate of 0.0750%. (f) That the foregoing item of$275,000.00 levied for Police Pension is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (g) That the foregoing item of$208,629.00 levied for Garbage is levied not exceeding the maximum tax rate of 0.20%. (h) That the foregoing item of$432,132.00 levied for Social Security is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (i) That the foregoing item of$25,537.00 levied for School Crossing Guard is not exceeding the maximum tax rate of 0.02%. (j) That the foregoing item of$56,481.00 levied for General Corporate is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois not to exceed the maximum tax rate of 0.33%. (k) That the foregoing item of$627,966.00 levied for Library is levied not exceeding the maximum tax rate of 0.15%. SECTION 5: That there is hereby certified to the County Clerk of Kendall County the several sums aforesaid constituting said total amount of$2,438,456.00 which said total amount of said UNITED CITY OF YORKVILLE requires to be raised by taxation for the current fiscal year of said City of said County, on or before the time required by law, a certified copy of this Ordinance. SECTION 6: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. SECTION 7: Page 3 of 9 In the event any section of this Ordinance is declared invalid the remaining portion thereof shall be binding and given full effect. ADOPTED this 12th day of December, 2006, pursuant to roll call vote as follows: PAUL JAMES MARTY MUNNS JASON LESLIE JAMES BOCH VALERIE BURD ROSE SPEARS DEAN WOLFER JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 12th day of December, A.D. 2006. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this 12th day of December, A.D. 2006. CITY CLERK Page 4 of 9 SUMMARY OF 2006-2007 TAX LEVY General Corporate Tax (65 ILCS 5/8 3-1) $ 56,481.00 I.M.R.F. (40 ILCS 5/7-171) $288,770.00 Social Security (40 ILCS 5/7-171) $432,132.00 Police Pension (40 ILCS 5/3-125) $275,000.00 Police Protection Tax (65 ILCS 5/11-1-3) $313,983.00 Garbage (65 ILCS 5/11-1-3) $208,629.00 Audit (65 ILCS 5/11-19-4) $ 32,000.00 Liability Insurance Tax (745 ILCS 10/9-107) $160,759.00 School Crossing Guard (65 5/11-80-23) $ 25,537.00 Unemployment Insurance (745 ILCS 10/9-107) $ 17,199.00 Library (pg. 4 DCCA Levy Man.) (75 ILCS 5/3-1,5/3-4, 5/3-7) $627,966.00 $2,438,456.00 Page 5 of 9 CERTIFICATE The undersigned, Arthur F. Prochaska, Jr., Mayor of the UNITED CITY OF YORKVILLE, hereby certifies that I am the presiding officer of the UNITED CITY OF YORKVILLE, and as such presiding officer, I hereby certify that the Tax Ordinance, a copy of which is appended hereto, was adopted pursuant to, and in all respects in compliance with, the provisions of Section 4-7 of the so-called "The Truth in Taxation Act". Date this 12th day of December, 2006. Arthur F. Prochaska, Jr., Mayor Page 6 of 9 CERTIFICATE The undersigned, JACQUELYN MILSCHEWSKI, City Clerk of the UNITED CITY OF YORKVILLE, hereby certifies that an announcement was made at a regular City Committee of the Whole meeting of the UNITED CITY OFYORKVILLE, that the 2006-2007 Tax Levy would be $2,438,456.00, a sum in excess of 105% of the tax levy extended by the County of Kendall Clerk; said disclosure having been made in compliance with the Truth in Taxation Act, and an announcement of the tentative tax levy having been made at the November 28, 2006, City Council meeting; that said Levy was in excess of 105% of the Levy for 2006-2007. Jacquelyn Milschewski, City Clerk Page 7 of 9 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) I, JACQUELYN MILSCHEWSKI, City Clerk in and for the UNITED CITY OF YORKVILLE, hereby certify the foregoing to be a true, perfect and correct copy of the Ordinance passed by the City Council at a regular meeting of the City Council on December 12, 2006. TESTIMONY WHEREOF, I have hereunto set my hand and seal this 12th day of December, 2006. Jacquelyn Milschewski, City Clerk Page 8 of 9 TRUTH IN TAXATION CERTIFICATE OF COMPLIANCE I, the undersigned, hereby certify that I am the presiding officer of the UNITED CITY OF YORKVILLE and as such presiding officer I certify that the Levy Ordinance, a copy of which is attached, was adopted pursuant to, and in all respects in compliance with the provisions of Section 4 through 7 of the "Truth in Taxation Act". The notice and hearing requirements of Section 6 of the Act are applicable. This certificate applies to the 2006-2007 Tax Levy. Date: December 12, 2006. Presiding Officer: Arthur F. Prochaska, Jr. Mayor Page 9 of 9 11/06/06 UNITED CITY OF YORKVILLE PROPOSED 2005/2006 TAX LEVY REQUEST L Proposed Current - �___ p $309,827,0061 $418,644,298, , 04/05 I 05/06 1-- Rate Maximum 1 Levy $ Rate Levy $ - --- i --- --- -I-- - `- i __.. --- --- Max Cor orate I _ 1_- _ ---- - 36 559.59 - - _ -- --- -- 00118 $564811 0.0118 0.33001--- � -- - - _ ---- - ----- --- - IMRF 0.0608 188,374.82 0.0699 $288 7701Called IMRF Police 0.0750 0.0750 232,370.25 0.0750 $313 9831maximum Every year goes up by Police Pension 0.0807 250,030.39 0.0657 $275,000 $25,000 Garbage 0.1203 0.2000 - 372,721.891 0.04981 $208,629 Audit 0.0075 23,237.03i 0.00761 $32,000 06/07 budget Liabil Ins i 0.0384 _ 118,973.571 0.0384 $160,759 06/07 budget Soc Sec. 0.10331 320,051.30 0.1032 $432,132 6.2%of salaries 4,200,017.84*.062 2 @$25 day 1 @$50 day 1 Cross Gd 0.0061 0.0200 18,899.45 0.0061 $25,537 *170da s+ 1 new hire #of employees 14,299.75 a Unemploy 0.0032 9,914.46 0.00411 $17,199 quarter 190 FT+35 PT Total 0.5071 1,571,132.75 0.4308 $1,810,491 New Revenue- City $239,358 Library 0.150000 0.15001 464,740.51 ' 0.1500 $627,9661 IMRF Lib 0.000000 0.00 0.0000 $01 SS Library 0.000000 0.00 0.0000 $0j 0.150000 Total; 464,740.51 0.1500 $627,966 New Revenue- Library $163,226 0.6571 Grand Total $2,035,873.26 0.5808 $2,438,456 TOTAL NEW REVENUE $402,584 i ------- ---------------- Debt Service 321,125.00 0.1036471 $321,125_ - - if `,Ns© C/Ty Reviewed By: 6. Legal ❑ City Council EST. 118361 Finance D ;� Engineer ❑ m. ' 4 City Administrator ❑ Agenda Item Tracking Number �y� C �—. =O� n Consultant ❑ am coi El 4","<LE `\"v City Council Agenda Item Summary Memo Title: NIMEC Proposal City Council/Committee of the Whole Date: Committee of the Whole 12/05/06, tw i;,:/:,it Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Agree to move forward to allow NIMEC to go out to bid on behalf of the City for electric costs. Submitted by: Susan Mika Finance Name Department Agenda Item Notes: Due to the deregulation that took place earlier this year, electrical costs are expected to rise. NIMEC offers to go out to bid on behalf of the City and get the best possible rate for us as well As locking that rate for 17 months. DRAFT- FOR DISCUSSION PURPOSES ONLY CONFIDENTIAL ILLINOIS RETAIL ELECTRIC SUPPLIER AGREEMENT This Illinois Retail Electric Supplier Agreement dated(Date),together with all Schedules,and amendments thereto (collectively,the"Agreement")is entered into by MidAmerican Energy Company ("MidAmerican")and TEMPLATE TO BE USED FOR ALL NIMEC MEMBERS(cities)("Customer"). This Agreement is indicative until signed by both parties and shall be valid after 5 p.m.Central time on (Date)only at MidAmerican's sole discretion.Customer acknowledges and agrees that it understands and accepts the ten-ns,conditions and risks of this Agreement and it is entering into this Agreement for its own account based upon its own judgment and not in reliance upon any information,advice or counsel which may or may not have been provided by MidAmerican. CONDITIONS OF AGREEMENT. This Agreement constitutes federal and state laws and all applicable industry rules, and the entire understanding between MidAmerican and Customer delivery and/or transmission tariffs, as amended from time to regarding the subject matter hereof. No modification to this time. Agreement will be effective,unless evidenced in writing signed by both parties. This Agreement supersedes all prior agreements BILLING AND PAYMENT. MidAmerican will bill Customer between the parties regarding the subject matter of this monthly for all electric energy and related services as listed on Agreement. This Agreement is conditioned upon the successful Schedule B or in any other executed Schedule(s), plus any enrollment of the properties as listed on Schedule A. The parties applicable taxes, delivery charges, surcharges or any applicable agree that the laws of the State of Illinois govern this Agreement. increases due to delivery and/or transmission tariff increases. The parties further agree that this Agreement is a forward Customer will pay each monthly bill and interest shall accrue on contract under all applicable federal and state bankruptcy laws overdue payments in accordance with the Illinois Local and that they are forward contract merchants with respect Government Prompt Payment Act. Cancellation of this thereto. Agreement will not relieve Customer of its liability for payment of any outstanding amounts due MidAmerican. CUSTOMER RESPONSIBILITIES. Customer agrees to purchase and receive from MidAmerican 100% of its firm EVENTS OF DEFAULT; REMEDIES. If the defaulting electric energy for all the properties listed on Schedule A. party; (i) fails to pay any amount, when due, with respect to this Customer appoints MidAmerican to serve as Customer's energy Agreement; (ii) is subject to a bankruptcy event; (iii)makes any agent to enable MidAmerican to secure on Customer's behalf representation or warranty that is false or misleading in any transmission, delivery and other related ancillary services material respect, (iv) fails to provide a cash deposit, letter of ("Delivery Services") provided by the local delivery company credit or other financial security to the other party within ten and necessary to permit Customer to receive the electric energy (10) business days of the other party's demand, when such at its properties. This shall include, but not be limited to, demand is based on the other party's reasonable good faith submitting direct access service requests ("DASR(s)") to the belief that the ability of the defaulting party to perform its delivery company and/or moving any of Customer's properties obligations under this Agreement is materially impaired, or (v) on or off delivery company's applicable tariffs, to permit fails to perform any other material obligation imposed upon it by Customer to receive the electric energy at its properties. this Agreement, then the non-defaulting party has the right, without notice upon occurrence of a bankruptcy event or MIDAMERICAN RESPONSIBILITIES. Subject to the terms otherwise with thirty (30) days notice, to suspend performance of this Agreement, MidAmerican agrees to sell and provide to and may terminate this Agreement at any time, upon which it Customer 100% of Customer's electric energy supply and will calculate in a commercially reasonable manner a settlement related services for all the properties listed on Schedule A. amount equal to the total Losses and Costs, if any, resulting MidAmerican will schedule and deliver electric energy, from termination of this Agreement. Costs shall mean brokerage including amounts for associated transmission and distribution fees, reservation fees, reasonable attorneys' fees, commissions losses as defined by the delivery and/or transmission tariffs and other similar third-party transaction expenses incurred by ("Line Losses"), to the delivery company interconnecting point the non-defaulting party in terminating, liquidating or entering and the delivery company is responsible for delivery of electric into new arrangements as a result of the defaulting party's energy to Customer's properties. default of this Agreement which replace any obligations assumed by the non-defaulting party. Losses shall mean an TERM. Service under this Agreement will begin at each amount equal to the present value of the economic loss to the property after all conditions necessary to obtain the appropriate non-defaulting party, exclusive of Costs, resulting from delivery and transmission services have been met and termination of this Agreement. The settlement amount will be transmission service has been secured for the term listed on due within five (5) business days after the non-defaulting party Schedule B. The beginning and end of Customer's term will has notified the defaulting party of the settlement amount. The coincide with the delivery company's regularly scheduled meter non-defaulting party is obligated to respond and act in a reads. commercially reasonable manner and mitigate its damages, liabilities,Losses and Costs. ENERGY DELIVERY. Title to electric energy will pass from MidAmerican to Customer at the Customer's meter(s) (the FAILURE OF DELIVERY. MidAmerican will not be liable "Delivery Point(s)"). Each party will comply with all applicable for any injury, loss, claim, expense, liability or damage resulting ID XXXX 1 of 2 Contract Number ILRESAION-2 8/1/06 NIMEC CUSTOM CONFIDENTIAL from failure by the delivery company or transmission provider to Majeure under this Agreement. In the event of a Force Majeure, provide Delivery Services or properly perform and/or timely Customer shall continue to be obligated to make payments for process any DASR's or transmission requests. all electric energy supply and related services delivered to and NO CONSEQUENTIAL DAMAGES. In no event will either consumed at its properties. party be liable to the other party or to any third-party, for any special, incidental, indirect, consequential, punitive or WARRANTIES. MIDAMERICAN WARRANTS ONLY exemplary damages or for any damages of a similar nature THAT IT HAS THE RIGHT TO SELL ENERGY SERVICES arising out of or in connection with this Agreement. AND THAT SUCH ENERGY SERVICES ARE FREE FROM ALL LIENS OF ANY KIND. MIDAMERICAN DISCLAIMS INDEMNIFICATION AND FORCE MAJEURE. ANY OTHER WARRANTY OF ANY KIND, INCLUDING Each party agrees to indemnify, defend and hold the ANY IMPLIED WARRANTY OF MERCHANTABILITY OR other party harmless from and against all third-party claims for FITNESS FOR A PARTICULAR PURPOSE. damages, liability and expenses relating to or arising out of damage to property or injury to persons (including death) FINANCIAL RESPONSIBILITY. Each party agrees to resulting from the negligent acts, errors or omissions of a party provide financial information reasonably requested by the other or its agents. If the parties are held jointly and severably liable party to facilitate credit review. Each party certifies that all for any claim, damage, liability or expense of any third-party, a information provided to the other party is truthful and accurate right of contribution will exist between the parties. and all information obtained from the other party will be kept If either party is unable, wholly or in part, by Force confidential. Majeure(as defined below)to carry out its obligations under this Agreement, and upon such party's giving written notice and full ASSIGNMENT. Neither party may assign this Agreement particulars of such Force Majeure to the other party as soon as without the prior written authorization of the other party, which practicable after the occurrence of the cause, the obligations of consent will not be unreasonably withheld, conditioned or the party giving notice, so far as its obligations are affected by delayed. the Force Majeure, will be suspended during the continuance of CONFIDENTIALITY. This Agreement and its terms are the Force Majeure. Each party shall seek to remedy the Force confidential and shall not be disclosed to any third party except Majeure with all reasonable dispatch. If a Force Majeure lasts as required by law. for fifteen (15)continuous business days,the party not subject to the Force Majeure has the option of terminating this Agreement SEVERABILITY. If any provision(s) of this Agreement is at any time. In the event of termination as a result of a continuous held to be invalid, illegal or unenforceable the remaining Force Majeure, the party electing to terminate shall be deemed to provisions will remain in full force and effect. be the non-defaulting party hereunder and shall calculate a settlement amount as consistent with the provisions stated in NON-WAIVER. Either party's failure at any time to require Events of Default;Remedies. strict performance by the other party of any provision of this Force Majeure means any cause(s) not reasonably Agreement will not waive a party's right to demand strict within the control, and without fault or negligence, of the party compliance at any other time. affected thereby and which by the exercise of reasonable due diligence by the affected party could not have been prevented, RECORDED CONVERSATIONS. Phone conversations including without limitation, acts of God, civil disturbances, between employees and/or authorized agents of the parties may be labor strike, interruptions caused by governmental or court recorded on tape or other electronic media to verify customer orders, inability of the delivery company to provide Delivery service quality and pricing terms. Unless a party expressly objects Services, inability of the transmission operator to provide to these recordings at the time of the recording, these recordings transmission services or the curtailment of MidAmerican's may be used as evidence in any proceeding or action relating to transmission service or the breakage, accident or failure of this Agreement. transmission and/or distribution facilities. Neither economic hardship nor economic conditions will constitute a Force The parties,by the signatures of their authorized representatives,agree to be bound by all provisions of this Agreement. This signed Agreement authorizes MidAmerican to receive interval data for scheduling and forecasting purposes when necessary. MidAmerican Energy Company (Company Name) By: By: Printed Name: Printed Name: Title: Title: Dated: Dated: ID XXXX 2 of 2 Contract Number ILRESAION-2 8/1/06 111/ DRAFT- FOR DISCUSSION PURPOSES ONLY CONFIDENTIAL SCHEDULE A of ILLINOIS RETAIL ELECTRIC SUPPLIER AGREEMENT CUSTOMER'S PROPERTIES AND ADDRESS FOR NOTICES DATE: (Date) LIST OF CUSTOMER'S PROPERTIES Customer Name Account Meter Telephone Delivery Appearing on Bill Number Number Service Address Number Company AGREEMENT NOTICES. All written notices required by this Agreement must be delivered in person,by confirmed telefax, overnight mail or U.S.Mail as follows: For MidAmerican Energy Company For Customer Company Name: MidAmerican Energy Company Company Name: Attention to: Unregulated Retail Services Electric Attention to: Contract Administration Title: Address: 4299 NW Urbandale Drive Address: City,State,Zip: Urbandale,IA 50322 City, State,Zip: Phone No: (800)432-8574 Phone No: Fax No: (515)242-4354 Fax No: E-mail address: ContractAdmin- E-mail address: Electric@midamerican.com Individual invoices will be mailed to the service addresses ' listed above. The person listed below will be the customer contact Individual invoices will be mailed to the address listed for operational notifications: below for all properties: OPERATIONAL CONTACT BILLING ADDRESS-Please select billing option Name: (Attn) Company Name: Title: (Title) Attention to: Day Phone No: (Tele) Title: Evening Phone No: Address: Fax No: (Fax) City,State,Zip: E-mail address: (E-Mail) Phone No: Fax No: ID.XXXX Schedule A Page 1 of 1 Contract Number ILRESAION-2 8/1/06 CONFIDENTIAL SCHEDULE B of ILLINOIS RETAIL ELECTRIC SUPPLIER AGREEMENT ENERGY SERVICES - SUPPLY/TRANSMISSION/LOSSES DATE: (date) Customer will be billed an amount corresponding to the time period set forth below("Pricing Period")applied to all the Customer's electric energy usage at its properties as listed on Schedule A. When Customer's meter reading date falls on a date other than the first day of June or the first day of October,Customer will be billed the applicable Fixed Supply Price per kWh charges for those days corresponding to the Pricing Periods, respectively,applied to Customer's average daily on-peak and off-peak usage during Customer's corresponding regular meter reading period or per actual interval metering data. FIXED SUPPLY PRICE. Customers On-Peak and Off-Peak Fixed Supply Price or Seasonal Fixed Supply Price. ON-PEAK/OFF-PEAK FIXED SUPPLY PRICE. If Customer elects an On-Peak and Off-Peak Fixed Supply Price,the on- peak and off-peak kWh will be determined using the guidelines set forth in the ComEd delivery tariff. On-peak and off-peak energy usage for Customer's non-interval meters, if any, will be determined by scaling monthly usage to the same on-peak and off-peak percentages as the interval meter(s)usage. MidAmerican may estimate peak and off-peak usage in the event of metering equipment malfunctions. SEASONAL FIXED SUPPLY PRICE. If Customer does not elect an On-Peak/Off-Peak Fixed Supply Price,the Seasonal Fixed Supply Price will be applied to all usage within the respective Pricing Period. On-Peak/Off-Peak Fixed Supply Price($/kWh) Pricing Period Seasonal Fixed On-Peak Off-Peak Supply Price($/kWh) June 2006-September 2006 Price or N/A Price or N/A Price or N/A October 2006-May 2007 Price or N/A Price or N/A Price or N/A June 2007- September 2007 Price or N/A Price or N/A Price or N/A October 2007-May 2008 Price or N/A Price or N/A Price or N/A The Fixed Supply Price in this Schedule B includes the following additional items: o Transmission and RTO Administration fees o Ancillary fees o Capacity costs o Line Losses costs In addition to the Fixed Supply Price in this Schedule B,MidAmerican will include and Customer will pay the following as additional line items on the monthly invoice: Delivery charges.as assigned by the delivery company, applicable to Customer's properties, including but not limited to monthly customer charges,point of supply charges, facilities,meter or equipment charges,competitive transition charges, taxes,nuclear decommissioning costs,public purpose program costs,environmental program compliance costs and riders. Term of Agreement: This Agreement will not begin earlier than Customer's(Start Month/Year)meter read and,unless earlier cancelled as provided herein,will end with Customer's(End Month/Year)meter read. MidAmerican Energy Company (Company Name) By: By: Printed Name: Printed Name: Title: Title: Dated: Dated: ID:XXXX Schedule B Page 1 of I Contract Number 1LRESA ION-2 8/1/06