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City Council Packet 2006 12-26-06 yip United City of Yorkville 4 + 0 800 Game Farm Road EST. dfE7�188$ Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, December 26, 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 Meetine: Committee of the Whole 7:00 p.m., Tuesday, January 16, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, January 16, 2007 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 26, 2006 Page 2 Public Hearings: 1. PC 2006-62 47 Corniels, LLC, petitioner, 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 Agricultural District 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 5 acres located at 2113 Route 47, Yorkville, Kendall County, Illinois. Citizen Comments: Consent Agenda: 1. EDC 2006-33 Building Permit Reports for November 2006 2. PC 2006-82 Resolution Approving the Preliminary Plat of Subdivision for Grande Reserve Unit 25 - authorize Mayor and City Clerk to execute 3. PC 2006-83 Resolution Approving the Preliminary Plat of Subdivision for Grande Reserve Unit 26 - authorize Mayor and City Clerk to execute 4. PC 2006-87 Resolution Approving the Preliminary Plat of Subdivision for Grande Reserve Unit 27 - authorize Mayor and City Clerk to execute 5. PC 2006-81 Resolution Approving the Final Plat of Subdivision for Hudson Lakes Unit 1 -authorize Mayor and City Clerk to execute, subject to inclusion of the school site within the Final Plat, conveyance of the school site immediately after recording the Final Plat, that the number of units in the final plat shall be consistent with the number of units allowed by the Annexation Agreement, and staff and legal review conditioned on adjustments consistent with the review 6. EDC 2006-34 Steve Horve Builders, Inc. Request for Reduced Sewer Connection Fee for SLF Yorkville - approve a sewer connection fee in an amount of$46,750.00 7. PC 2006-94 Blackberry Woods Annexation- .076 Correction a. Ordinance Annexing- authorize Mayor and City Clerk to execute 8. EDC 2006-36 Raymond Stormwater Management and Storm Sewer Outfall Improvement Agreement- authorize Mayor and City Clerk to execute 9. PW 2006-209 State Street Finished Watermain—Change Order#2 - authorize decrease in an amount not to exceed$3304.00 and authorize Mayor to execute 10. PW 2 006-2 10 King Street Raw &Finished Watermains—Change Order#1 - authorize decrease in an amount not to exceed$3712.00 and authorize Mayor to execute 11. PW 2006-212 Grande Reserve Units 2 & 5—Letter of Credit Reduction#1 -authorize decrease in an amount not to exceed$6764.76, subject to verification that developer has no outstanding debt owed to city 12. PW 2006-213 Grande Reserve Unit 12—Letter of Credit Reduction#1 - authorize decrease in an amount not to exceed$263,657.97, subject to verification that developer has no outstanding debt owed to city City Council Meeting Agenda December 26, 2006 Page 3 Consent Agenda (con't): 13. PW 2006-214 Grande Reserve Unit 13 —Letter of Credit Reduction#1 - authorize decrease in an amount not to exceed$503,528.79, subject to verification that developer has no outstanding debt owed to city 14. PW 2006-215 Grande Reserve Unit 14—Letter of Credit Reduction#1 - authorize decrease in an amount not to exceed$341,862.03, subject to verification that developer has no outstanding debt owed to city 15. PW 2006-216 Grande Reserve Unit 15 --Letter of Credit Reduction 41 - authorize decrease in an amount not to exceed$770,656.43, subject to verification that developer has no outstanding debt owed to city 16. PW 2006-217 Grande Reserve Unit 20—Letter of Credit Reduction#1 - authorize decrease in an amount not to exceed$914,770.31, subject to verification that developer has no outstanding debt owed to city 17. PW 2006-218 McVickers Development—Letter of Credit Reduction#1 - authorize decrease in an amount not to exceed$184,04630, subject to verification that developer has no outstanding debt owed to city 18. PW 2006-219 Cannonball Estates Unit 1 —Letter of Credit Reduction 96 - authorize decrease in an amount not to exceed$47,215.28, subject to verification that developer has no outstanding debt owed to city 19. PW 2006-220 Cannonball Estates Unit 2—Letter of Credit Reduction#6 - authorize decrease in an amount not to exceed$34,026.28, subject to verification that developer has no outstanding debt owed to city 20. PW 2006-221 New Castle Bank (109 W. Veterans Parkway)—Final Acceptance and Letter of Credit Reduction#2 - accept public infrastructure for ownership and maintenance and authorize a reduction to the letter of credit in an amount not to exceed$74,662.66, subject to verification that developer has no outstanding debt owed to city 21. PW 2006-222 Reserve at the Fox—Plat of Easement - authorize Mayor and City Clerk to execute, subject to staff and legal review 22. PW 2006-223 Reserve at the Fox—Final Acceptance and Bond Reduction 42 - accept public infrastructure for ownership and maintenance, subject to recording of a plat of easement for onsite public utilities and authorize a reduction to the bond in an amount not to exceed$487,045.99, subject to verification that developer has no outstanding debt owed to city 23. PW 2006-224 Grande Reserve Well Nos. 8 & 9 Sites—Final Acceptance- accept Well No. 8 site and Well No. 9 site for ownership and maintenance, subject to staff and legal review 24. PW 2006-225 Grande Reserve Park"E" Site—Final Acceptance- accept Park -E"site for ownership and maintenance excluding the storm sewer, subject to legal and staff review 25. PW 2006-226 IDOT Highway Permit and Resolution—Kendallwood Estates (Temporary Entrance) - authorize Mayor and City Clerk to execute 26. PW 2006-228 Game Farm Road/Somonauk Street Reconstruction a. MFT Appropriation Resolution- authorize City Clerk to execute b. Smith Engineering Consultants, Inc. Game Farm Road/Somonauk Street Reconstruction Supplemental Request-authorize increase in an amount not to exceed 59210.00 and authorize Mayor to execute City Council Meeting Agenda December 26, 2006 Page 4 Consent Agenda (con't): 27. PW 2006-229 Letter of Support—Federal Funding for Groundwater Mapping- issue letter inform presented and authorize Mayor to execute 28. PS 2006-44 Resolution Establishing the Position of Director of Support Services - authorize Mayor and City Clerk to execute 29. CC 2006-06 Prairie Parkway Resolution- authorize Mayor and City Clerk to execute Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—September 26, 2006 Minutes of Special City Council—November 13, 2006 Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 980,999.52 (vendors) S 209,380.88 (payroll period ending 12/9/06) S 1,190,380.40 (total) Reports: Mayor's Report: 1. Proclamation for National Radon Action Month 2 50th Anniversary Committee 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 26, 2006 Page 5 Committee Reports: Public Works Committee Report: 1. PW 2006-227 Intergovernmental Agreement for a Portion of the Blackberry Creek Modeling Project Economic Development Committee Report: 1. PC 2006-76 Otis Property Management, LLC (Milazzo) Annexation Agreement a. Ordinance Authorizing the Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning 2. PC 2006-65 Yorkville Partners, LLC (Beaver Street/Route 47) a. Ordinance Rezoning 3. EDC 2006-35 Ordinance Proposing the Establishment of a Special Service Area Number 2006-119 (Sunflower Estates) Public Safety Committee Report; 1. No Report. Administration Committee Report: 1. No Report. 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--EVELOPMEN 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 26, 2006 Page 6 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) (PUBLIC SAFET 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 �ADMINISTRATIO1V�j Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock oz"o C a STATE OF ILLINOIS } )ss. COUNTY OF KENDALL } ANNEXATION AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND 1ST UNITED BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 15, 2004 AND KNOWN AS TRUST#2188 NOW COMES, IT UNITED BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 15, 2004 AND KNOWN AS TRUST #2188, Owner of Record of certain real property described in the attached Exhibit "A", and the UNITED CITY OF YORKVILLE, An Illinois Municipal Corporation, who hereby enter into this Annexation Agreement to supplement and in addition to the Petition for Zoning and Annexation to be approved by the City Council of the UNITED CITY OF YORKVILLE upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1} WHEREAS, each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the subject real property described in the attached Exhibit"A' as a B-3 Development; and 2) WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER to provide for specific performance standards in the development of the subject property; and 3) WHEREAS, each party agrees that an impact will be had on the services of the CITY by development of said real property; and 4) WHEREAS, the OWNER has agreed to perform certain requirements pursuant to this Agreement as well as made by Ordinances by the CITY. 5) WHEREAS, the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and 6) WHEREAS, OWNER desires to annex the said real property described in the attached Exhibit"A" into the CITY, its Plan Commission has considered the Petition and recommended annexation and zoning as hereafter set out, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER and the CITY; and 7) WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner; and 8) WHEREAS, OWNER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Iilinuis in such case made and provided; and continued from time to time thereafter: NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: A) The subject real property described in the attached Exhibit "A" shall be annexed to the CITY and zoned B-3. All of subject property shall be developed in conformance with all applicable zoning and City Ordinance requirements including in conformance with the City Landscape Ordinance within the B-3 Service Business District. B) That the development of said property shall be subject to approval of all Ordinances of the CITY; engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and permit approval in conformance with the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, United City of Yorkville Land-Cash Ordinance, and the United City of Yorkville Development Fee Ordinance, which have been voluntarily contracted to between the parties and agreed to by OWNER as a condition of approval of the Annexation Agreement. OWNER, except to the extent varied by this Agreement shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance at the time any building permit is approved by the CITY. C) No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, and United City of Yorkville Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the performance standards, or other standards or requirements for this development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Owner, however, will be bound by changes in BOCA building codes,building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. D) In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the development that benefit OWNER, said modifications shall be effective as to the development in the event OWNER desires to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. E) That on-site infrastructure construction and engineering shall be governed by the standards contained in the United City of Yorkville Zoning and Building Codes and Ordinance and other applicable Ordinances. F) OWNER ENTITLEMENTS 1) This Agreement shall inure to the benefit of and be binding upon the successors,heirs, and assigns of each parry hereto. 2) If any portion of this Agreement were determined to be invalid by a court of competent jurisdiction the remaining portions thereof shall be in full force and effect between OWNER And the CITY. 3) This Agreement shall be binding upon each party hereto and in terms of performance for a period of twenty (20) years. In the event construction is commenced within said twenty(20) year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement by the CITY and OWNER. 4) The subject real property sought to be annexed by OWNER listed in this Agreement is intended to be developed by a third parry, as DEVELOPER, or future DEVELOPERS receiving an assignment of the rights of Owner herein. (a) In the event the subject real property is annexed, zoned and this Agreement is approved, but the subject real property is not developed, for any calendar year in which development does not take place, the CITY shall rebate its portion of the real estate tax bill to the respective owner of record of the respective parcel of real property. 5) Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville's Attorney Mr. John Wyeth 800 Game Farm Road Yorkville, IL 60560 If to the OWNER: 151 United Bank as Trustee of Trust#2188 Frankfort Banking Center 7626 W. Lincoln Highway Frankfort, IL 60423 With a copy to: Frank J. Cortina, Jr. Cortina&Mueller, PC 124 W. Washington Street Morris, IL 60450 Of to such other addresses as any party may from time to time designate in a written notice to the other parties. G) This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. H) In the event any portion of this Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 17 The CITY agrees to adopt any Ordinances, which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and an Ordinance authorizing the Mayor and City Clerk to execute approving Annexation Agreement after due public hearing thereon, or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of May, 2006. UNITED CITY OF YORKVILLE, Kendall County, Illinois BY: MAYOR Attest: CITY CLERK FRANK J.CORTINA,JR. CORTINA&MUELLER,P.C. 124 WEST WASHINGTON STREET MORRIS,IL 60450 (815)442-0635 EXHIBIT "A" LEGAL DESCRIPTION That part of the Northeast '/ of Section 17, Township 37 North, Range 7 East of the Third Principal Meridian, Described as Follows: Commencing at the Northeast Corner of said Northeast 1/; Thence Westerly along the North Line of said Northeast 1/, 28.74 Feet to the Westerly Right of Way Line of Illinois State Route No. 47; Thence Westerly along said North Line, 213.30 Feet; Thence Southerly Parallel with the East Line of said Northeast 1/ 721.70 Feet for a Point of Beginning; Thence Northerly along the last described course, 182.03 Feet; Thence Westerly Parallel with said North Line, 347.87 Feet; Thence Southerly along a line which forms an angle of 91 Degrees, 03 Minutes, 36 Seconds with the last described course, measured clockwise therefrom, 181.72 Feet to a line drawn Westerly from the Point of Beginning, Parallel with the South Line of the Northeast 1/ o£said Northeast 1/; Thence Easterly along said Parallel Line, 345.80 Feet to the Point of Beginning, in Bristol Township, Kendall County, Illinois. And That Part of the Northwest Quarter of Section 16 and part of the Northeast Quarter of Section 17, all in Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northeast Corner of the Northeast Quarter of said Section 17; Thence South 88 Degrees,44 Minutes West along the North Line of said Quarter Section 28.30 Feet to the Westerly Line of State Route No. 47 for the Point of Beginning; Thence South 88 Degrees, 44 Minutes West along the North Line of said Quarter Section 213.30 Feet; Thence South 0 Degrees, 07 Minutes West Parallel with the East Line of said Quarter Section 721.70 Feet; Thence North 89 Degrees, 49 Minutes East Parallel with the South Line and South Line extended of the Northeast Quarter of the Northeast Quarter of said Section 17, 273.56 Feet to the Westerly Line of said State Route No. 47; Thence Northerly along said Westerly Line 727.95 Feet to the Point of Beginning, in the Township of Bristol, Kendall County, Illinois. 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Inclusion of the school site within the Final Plat, b. Convevance of the school site immediately after recording the Final Plat, c. That the number of units in the final plat shall be consistent with the number of units allowed by the Annexation Agreement,and Deleted: taffreview and and Iegal review conditioned on adjustments consistent with the staff review. 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 lrarnn Road Yorkville,IL 60560 C LEAO VE42SI A STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR Hudson Lakes Unit I WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Hudson Lakes Subdivision, Unit 1; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: The Final Plat of Subdivision for the Hudson Lakes Subdivision, Unit 1 is approved as presented and all appropriate City officials are hereby authorized to execute same subject to: a. Inclusion of the school site within the Final Plat, b. Conveyance of the school site immediately after recording the Final Plat, c. That the number of units in the final plat shall be consistent with the number of units allowed by the Annexation Agreement, and d. Staff review and legal review conditioned on adjustments consistent with the staff review. 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 STATE OF ILLINOIS } )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION ESTABLISHING THE JOB DESCRIPTION FOR THE POSITION OF DIRECTOR OF SUPPORT SERVICES IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE, after careful consideration, have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to establish a Job Description for the position of Director of Support Services; and WHEREAS, the position of Director of Support Services will have the duties and responsibilities as set forth in the attached job description; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE JOB DESCRIPTION FOR THE POSITION OF DIRECTOR OF SUPPORT SERVICES IS HEREBY ESTABLISHED AS DEPICTED ON EXHIBIT "A" The job description for said position is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the said position should be subject to all probationary rules and regulations as set out in the current Employee Manual. This resolution shall become effective upon its passage. 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 United City of Yorkville Director of Support Services—JOB DESCRIPTION G;E 1�4 Department: Police Reports to: Administrative Lieutenant Status: Full-Time 1 Non-Sworn/Non-Exempt Supervises: None Pay Classification: General Support Staff Position Description Overview The Director of Support Services will serve a three-fold mission for the Yorkville Police Department: Fleet Manager, Quartermaster, and Facilities Manager. The Director will be under the general supervision of the Chief of Police and direct supervision of the Administrative Lieutenant. Essential Job Functions A. Fleet Manager 1. Responsible for the maintenance of the department's fleet including speed trailers, equipment trailers, squad cars and any other motorized/specialized equipment assigned to the police department. 2. Duties include: a. Assigning vehicles for patrol, special events and training. b. Purchasing vehicles and equipment and assigning/installing said equipment/vehicles for Patrol, Administration, Detective, K-9 Units and any other units/personnel as necessary. `Equipment' includes,but is not limited to, mobile data terminals, modems, AED's, emergency lighting, cages, weapons racks, consoles, video recorders (Digital and VHS) sirens, radios, etc. C. Weekly check of vehicle inspection forms. d. Schedule all maintenance to be performed. e. Ensure vehicle is transported to the proper maintenance location. f. Track all maintenance performed using current computer spreadsheet program, broken down by vehicle ID number, date, invoice number, mileage and cost. g. Purchase replacement equipment as needed. h. Maintain/update an inventory of the vehicles and their equipment. i. Ensure equipment is at an appointed area—speed trailers, speed studies and the equipment trailer. j. Oversee and manage the digital video recording of the squad cars and serve as the ALERTS manager in conjunction with the ALERTS system in the mobile data computer and the KenCom Communications Center. ALERTS manager duty includes: • entering and/or deleting officers from the system. • oversee the bi-yearly certification of all officers in accordance with ISP mandates. • Ensure that paperwork and training is current for 1SP Audit. • periodic checks of the system to insure that all officers are using the ALERTS System correctly, changing their passwords yearly, etc. • work with GEAC, ALERTS and KenCom on problems as they arise. k. Oversee and monitor the IPASS billing and usage and immediately reporting to the Chief of Police any unauthorized use. B. QuarterMaster 1. Purchase all approved uniforms,badges, ribbons and leather for the department. Duty includes purchasing specialized uniforms for bicycle patrol, truck enforcement and K-9 officers. 2. Ensure that newly hired officers are issued department weapon, ballistic vest and all uniforms to necessary accomplish their individual assignment. 3. Purchase all replacement uniform items for department personnel as needed. 4. Assign and keep inventory of department owned weapons and portable radios. C. Facilities Manager 1. Responsible for the working areas and equipment in or affixed to the building including the video surveillance system. 2. Responsible for the movement of work stations including all computer and telephone hook ups. 3. Insure that all areas of the Department, including the garage and parking lot, remain clean, orderly and safe. Requirements Must be flexible and have an extensive and varied knowledge of 1. Law Enforcement Operations. 2. Fleet Maintenance Procedures and Record Keeping Methods. 3. Police Equipment and Supply Requirements and Purchasing Procedures. 4. Procedures for the Maintenance and Repair of Facilities. 5. Ability to lift 50 pounds. Experience and Education Must have at least ten (10) years municipal law enforcement experience and Associate's Degree with continual education in CPTED. The duties listed above are intended only as an illustration of the various types of tasks that may be required. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and employee, and is subject to modification by the employer without notice as the needs of the employer and/or agency change, or requirements of the position change. c1 q STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION OF SUPPORT OF THE PROPOSED PRAIRIE PARKWAY AND FUTHERMORE SUPPORTING ROUTE B-5 WHEREAS, THE UNITED CITY OF YORKVILLE, Kendall County , Illinois, hereinafter called the CITY, as well as surrounding communities and unincorporated areas near the CITY continue to experience population growth, and WHEREAS, the CITY has supported the proposed Prairie Parkway, including the passage of Resolution 2002-1, on February 5, 2002, and WHEREAS,the CITY has considered the alternative routes for the proposed Prairie Parkway generally at the southern end of the proposed routes, and NOW THEREFORE,the Mayor and City Council of the UNITED CITY OF YORKVILLE, do hereby choose to support the Prairie Parkway path identified by IDOT as B-5, which crosses Route 47 just south of Caton Farm Road, and traverses south and east to connect with Interstate 80 near Minooka, IL. FURTHERMORE,the Mayor and City Council of the UNITED CITY OF YORKVILLE continue to urge I.D.O.T. Officials to work with the City and maintain a diligent effort to improve Illinois Route 47 and U.S. Route 34 thus providing safe and efficient passage while minimizing impact through the CITY. Passed and approved by the UNITED CITY OF YORKVILLE'S City Council this day of , 2006. APPROVED: ATTEST: Mayor Arthur F. Prochaska, Jr. Jacquelyn Milschewski United City of Yorkville City Clerk Dated : M12DIES OF THE REGULAR MEETING OF THE CITY COUNCIL OF ITIE L-.%T 'i3!CM OF YORK1.1j- V k 4LL COUNTY.ELLIN HELD Ekk TF°1:E:C'IT'Y _ C, 1F,17EL M13ERS.800 GAME FARM ROAD THE BEECHER CENTER 908 GAME FARM ROAD ON TUESDAY,SEPTEMBER 26.2006, bRAFT Mayor Prochaska called the meeting to order at 7:00 P.M and Ird the Council in the Pledge of Allegiance, ROLL CALL Clerk Milscbewski called the roll. Ward 1 James Present Leslie Present Ward R Burd Present Wolfer Present Ward III Bock Present Munns Present Ward 1V Beseo Present Spears Present(met City Council at Beecher Center 7:10) Also present: City Clerk Milschewsk4 City Attorney Wyeth,Interim City Administrator Crois, Assistant City Administrator Olson,Police Chief Martin,Police Lieutenant Schwartzkopt Director of Public Works Dbuse,Community Development Director Miller,Finance Director Mika,Director of Park&Recreation Mogle,Deputy Clerk Pickering,and Public Relations Manager Spies. OUORUM A quorum was establisbed. 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-eye,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 41—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 COME97TEE 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 PM.,Tuesday,October 17,2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 PM.,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 1256 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-B 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 Bomeman,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 Higbpoint 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-eye,Munns-aye,James-aye, Wolfer-aye,Leslie-aye,Besco-aye,Bock-aye PIease 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,Leslic-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 cal]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 uR 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-eye,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,Surd-aye Eric and Diane Sebanze (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-I 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 Mghpoint 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 Nay" Munns-aye,James-aye, Wolfer-aye,Leslie-aye, Beseo-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 bearing Mayor Prochaska entertained a motion to close the public bearing. So moved by Alderman Bosco;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Wolfer-aye,Leslie-aye,Bosco-aye, Bock-aye,Spears-aye,Burd-aye,Munn-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 ult dated August 8,2005,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 Bosco; seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Jamcs-aye,Wolfer-aye,Bosco-aye,Bock-eye,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.A from Depo Court Reporting Service for the transcription of this portion of the public bearing 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,Murms-aye,James-eye Vacation of Sleepy Aollow 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—paLm 4 23,Township 36 North,Range 6 Fast of the Third Principal Meridian described as follows: That part of Sleepy Hollow Road lying south of the Southline of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26 seconds west and the easterly prolongation of said line at a pointe.1935.49 feet north of the south quarter comer of said section 23,in Kendall County,Illinois. So moved by Alderman James;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,Leslie-aye,Besco-eye,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 bearing 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,Tames-aye,Wolfer-aye CITIZEN COhEWEM None. CONSENT AGENDA 1. Building Permit Report for Au gust 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 commenu and legal review pm•ticularly regarding Crimson Lane and Post Office cross access easement(EDC 2006-50) S. 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 our 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) S. Water Department Report for June 2006(PW 2006-146) 9. Water Department Report for July 2006(PW 2006-147) 10. Resolution 2006-84-IDOT Highway Permit and Resolution—Walnut Plaza-authorize the Mayor and City Clerk to execute(PW 2006-148) 11. Resolution 2006-85-IDOT Highway Permit and Resolution—BP Amoco-authorize City Clerk to execute(PW 2006-149) 12. Resolution 2006-86-IDOT Highway Permit and Resolution—Fountain Village- authorize the Mayor and City Clerk to execute(PW 2006-150) 13. Prestwick(Unit 1)—Earthwork Letter of Credit Reduction#2-authorize decrease in an amount not to exceed 5186,805.62,subject to venation that developer has no outstanding debt owed to the City(PW 2006-151) 14. Prestwick(Unit 1)—Sitework Letter of Credit Reduction#3-authorize decrease in an amowd not to exceed $931,309.18,subject to verification that developer has no outstanding debt owed to the City(PW 2006-152) 15. Raintme Village Unit 6—Theoretical Construction Guarantee Reduction#2-authorize decrease in an amount not to exceed S761,177.11,subject to verfication 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 Fdge Unit I Warranty Letter of Credit if the punch list is not satisfactorily addressed by November 17,2006 (PW 2006-154) The Alin utes of the Regular Meeting of the City Council—September 26.2006—page 5 17. Galena Road Watermain-Change Order 41—approve increase in an arnount not to exceed 514,695.80(PW 2006-155) 18. Walnut Plaza—Plat of Dedication and Plat of Easement-authorise the kfayDr and City Clerk to execute(PW 2006-156) 19. YMCA—Pool Property Construction Easement—approve easement agreement and authorise staff to execute(PW 2006-157) 20. MOT 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 identifi�ing available funding(PW 2006-159) 22. Yorkville Market Square—Sidewalk Agreement—authori:e 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—authorse 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 2006-89—MOT Highway Permit and Resolution—Speedway-authorize the Mayor and City Clerk to execute(PW 2006-166) 28. Ordinance 200&96—Approving Variance for Reduction of Comer 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 PLANK NG COMIMSSIONIZONING BOARD OF APPEAL No report AIINIJTES 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.Tames to approve the paying of the bills listed on the Detailed Board Report dated September 14,20D6 totaling the followisig amounts:cbccks in the amount of 5I,198,849.97(vendors);$191,729.03(payroll period ending 916106);for a total of $1,390,579.00;seconded by Alderman Bescw. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Munns-aye,Burd-eye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye REPORTS MAY_OR'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 ReLrular Meeting of the CjrV Council—September 26 2006—T)2LYe 6 CITY COUNCIL REPORT Ordinance 2006 Amending City Code Title I—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 CLERIC'S OR No report CITY S R'S UMRT No report CITY MINIS ATO 'S REPORT No report. FINANCE DIRECTOR'S REPORT No report DIRECTOR OF PUBLIC WORKS REPORT Director Dbuse reported that testing began at the new water treafmrnt facility and it will continue for a few weeks. CHMEF OF POLICE,S REPORT No report )=ECTOR OF PARKS&RECREATION'S REPORT No report COMAIU1 DEVELOPIKENT DIRE R'S REPORT No report CO MM=RELA77ONS MANAGER'S REPORT No report. — CQAUVrUNf rY&LIAISON REPORT No report. COMNIlTTEE REPORTS PUBLIC WORKS COMOME REPORT No report CO O C DEVIELOEbMNT COMMM E 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 2f 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-I Leslie-aye,Wolfer-aye,James-aye,Munns-aye, Burd-aye,Spears-nay,Bock-aye,Besco-aye Ordinance 2006-I00 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-eye,Burd-eye, 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-9 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-eye,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 RegularMeeting of the City Council—September 26 204 — a e S 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-6 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-I 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 Basco. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-eye,Bock-aye,Besco-aye,Leslie-aye, Wolfer-aye,James-aye,Munns-aye,Burd-aye Ordinance 2006-105 Bormeman Authorizing the Execution of an Annexation Agreement (PC 2006-44) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with the owner of property commonly known as the Borneman Farm property,the subject of Application#PC 2006-44,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review, seconded by Alderman Besco. Alderman Spears questioned the following. 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#11S. 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,WaIfer-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-S 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—Se tember Z6 2006—nage 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 Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-3 Leslie-nay,Wolfer-aye,James-aye,Munns-aye, Burd-nay,Spears-nay,Bock-aye,Besco-aye Ordinance 2006-108 North Star Trust Company,Trust#06-9993 Authorizing the Execution of an Annexation Agreement (PC 2006-71) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with the owner of property commonly known as North Star Trust Parcel "B"property,the subject of Application#PC 2006-71,as presented,and authorize the Mayor and City Clerk to execute all documents subject to staff comments and final legal and staff review; seconded by Alderman Besco. Alderman Burd noted that the Plan Commission voted against the zoning changes. She stated that she spoke with a few members of the Commission and she felt they were uncomfortable with the situation. She asked some of the City Council members to rethink this agreement. She stated that while she agreed that the City Council would want to control something that is this close to the city's border,she was not totally convinced that this is the right way to handle the situation. She also stated that she felt the City was just as capable as the County in making a determination as to a landfill. She commented that she was made uncomfortable by things she heard from the public. Alderman Spears questioned the following: o What school district was the property in-Mayor Prochaska stated that it was in the Yorkville School District#115 o Page 5,97-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 4,46B—referring to ISO insurance rating—Attorney John PhilIipchuck explained that this is a commercial properly and any buildings will be designed to the given code however code changes which arc not for life safety reasons can cause delays to the plans and construction Alderman Beseo 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. AIderman 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 it 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 matt ers. 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-eye,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. Aycs-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 200645) 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#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£—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-ney,Prochaska-aye Ordinance 2006-112 Schaou-Annexation (PC 2006-45) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly known as the Sehanze 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 Schauze-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#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—Sentember 26.2006—nage 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 an 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-eye,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 Besoo-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 wbat 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 Amendiag and Restating City Code Title B— Building,Chapter 14—Pollution Control Siting A motion was made by Alderman Munns to approve an ordinance amending and restating City Code Title B—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 Min utes of the RegularMeetine of the City Council—Se tember 26 2006— a e 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 Iegal 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%vote for approval. Alderman Spears staled 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 Procbask&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-eye,Bock-aye, Bosco-aye,Leslie-nay,Wolfer-aye,James-aye Ordinance 2006-118 Kendallwood Estates Authoriring 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 Bosco. 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 COMUTTEE REPOR No report ALDINIMSMITON COMb=E REPOR No roporL ADDITIONAL BUSINESS Alderman Munns stated he received a postcard from a child in Yorkville which indicates a sign that states"No Skateboarding,Bike Riding,Rnl]erblading,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 . 4 D-805106 DEro • COURT reporting service 1212 South Naper Boulevard • Suite 119-185 • Naperville, 1L 60540 • 630-983-0030 • Fax 630-299-5153 www.depocourt.com 2 1 P R E S E N T : 2 MR. ARTHUR F . PROCHASKA, Mayor; 3 MR . PAUL JAMES, Alderman; 4 MR . JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderwoman; 6 MR. DEAN WOLFER, Alderman; 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 A P P E A R A N C E S : 15 MR . JOHN JUSTIN WYETH, appeared on behalf of the United 16 City of Yorkville, Illinois ; 17 MR . DERKE J. PRICE . 18 - - - - - 19 20 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 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 Reporfing 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 . SURD : 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 halt-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 . SURD : 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 11 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 (830) 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 19 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 Court Reporting Service (830) 983-0030 15 1 classification A-1 . 2 The Comprehensive Plan does 3 recommend an estate residential , low density 4 residential land use, and as you read through the 5 Staff report , their request for A-1 is less 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) 9830030 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 Court Reporting 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 11 anything done other than trying to lank 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 . 29 Thank you . Depo Court Reporting 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 1 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 2I 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 lake 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 . S 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 . S 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 11 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 (830) 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 (830) 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 Court Reporting 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 I 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) 963-0030 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, B417 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 Court Reporting 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) 963-0030 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) 963-0030 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 Court Reporting 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 . BURD: Could you explain the 4 fee? 5 MAYOR PROCHASKA: All right . The 6 down -- it ' s $ 100 , 000 --- the initial amount 7 required by the City is $100, 000 , and when it 8 drops below what is it, John, 50 or 25 , 000 , it 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) 963-0030 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 (830) 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 Court Reporting 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 . 1.2 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 (830) 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 1 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 (830) 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 Reporfing 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 (830) 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 11 becomes Yorkville ' s property and problem or one 12 way or another . 13 So he ' s actually from what I 14 could see going back door, trying to circumvent 15 the County, coming back into Yorkville to try to 16 get this in . 17 It ' s not a pretty situation if I8 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 16 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 Court Reporting 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 an 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 Court 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 Court Reporting 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 79 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? b MAYOR PROCHASKA: Well, I don ' t know 7 if we can provide better or not . From what I ' m S 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, 1s 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 Court Reporting Service (630) 963-0030 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 . BURR : 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 2005-44 . 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 . S MR. MUNNS : So moved . 6 MR. WOLFER: Second . 7 MAYOR PROCHASKA: A motion has been 8 rescinded . It has been moved and seconded. g 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 S , 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 : Besc o . 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) 963-0030 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 propezty 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 (830) 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 (830) 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 1 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 11 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 g ' 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 Court Reporting Service (830) 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 (830) 983-0030 91 l 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 1 suspect -- I ' ve never seen 5 this Council not have discussion when there is an 6 important issue , so there is -- there will be 7 discussion at that point, and, you know, I think 8 at this point the main thing is get information 9 from you all . 10 And with that, is there someone 11 that would like to come up and speak? 12 UNIDENTIFIED AUDIENCE MEMBER: Would 13 you explain that the vote was to close the 14 discussion? 15 MAYOR PROCHASKA: Okay . Folks , all 16 we did at that vote was simply to close that 17 portion of the public hearing, and then we voted 18 to open the next portion of the public hearing . 19 That was not a vote to do anything other than 20 that . The actual consideration will be later on 21 in the agenda . 22 And is there someone that would 23 like to now speak about this piece of property? 24 And there is a man back there, if I could let him 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 Court 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 Court Reporting 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 11 annexation agreements . 12 MS . KRAMER: And also has the City 13 looked at what type of funding mechanism they 14 would utilize to pay for the sanitary sewer and 15 water extensions in this particular area given 16 the fact that there is no immediate development 17 plans? 18 MR. MILLER: Not at this time, 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 r,_. rte,,,,,+Qannrfina 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 1 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? nPoo 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 g 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 non- rourt Reoorting 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 nann Court Renortlnq 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 . r,......, r„#erF pPnortina 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 nPno 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 Z 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 r,.,..., r-„,,,t Rpnnrtino 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 . s 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, nnnn Court ReDortina 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 __ pannrtinrl service (830) 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 nRnn Court ReDorting 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 13 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 . r7Rnr) 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 PROCHA$KA; 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 1 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 Deno Court Reporting Service (830) 983-0030 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 . (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 Thuzsday, 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 -- Deno Court Reporting Service (630) 983-0030 913 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 . 1.7 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 . rnann r.ntirt Reoortinv Service (630) 983-0030 994 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) 9 83-003 0 115 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 1 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 18 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 no,,,, rmirt Reaortina 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 a 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 r,--- r-„„rt Pionnrtino 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 . n-nn r:nnrt Reoortina 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 . ? 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 1 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 "___ r+,,,,.-F gnnnrtinrt SRrvice (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 s show that there is a need for the landfill, for 9 the capacity and all the rest . But we all I think read the 10 cle where there is a possibility of 11 newspaper arti County . And there is no limit . 12 three in Kendall 13 It ' s not first come, first serve . It ' s a 14 function of whether they can show need . And the idea that anybody here 15 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 . So the fact of the matter is is 20 21 that there is planning and they ' re serious , 22 everybody needs experts because that ' s who 23 usually testifies on this stuff . They are going to have to 24 Cen&,P lsmn) 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 5 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 13 operator has to meet . That ' s what 7 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 r,...,.,t,^,r.+P nnortina service (630) 983-0030 922 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 S plant , somebody ' s well is bad and they think it ' s 7 the fault of the landfill, so they immediately g 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 , 13Pno 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 B 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? (No response) 19 20 MAYOR PROCHASKA: I don ' t see any 21 hands . Does anybody on the Council at this time 22 or any more comments? (No Response) 23 24 MAYOR PROCHASKA: Then I would ___ ....+Ponnrtinrf Service (830) 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 M5 . 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 r,__^ rnlrrt RRnnrtina 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 , 11 B-3 Service Business District, and R-2 One-Family 12 Residence District , and for hearing as to the 13 annexation agreement of the petitioner . 14 The real property consists of 15 approximately SO 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? r,.,.,.,r w in RPnortina 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 . 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 . 1 MAYOR PROCHASKA; Motion is carried. 18 We are in public hearing . Now, sir , if you would 19 state your name . 20 WHEREUPON : GARY PICCONY, 21 fore the Yorkville City Council as 22 testified be 23 follows : MR. PICCONY : Mr . Mayor, Council 24 „_...o,..,,,.+;.,,,CRrViCe (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 r,,--, r-,,,t►t Ranortina 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 r)gnn Court Reporting Service (830) 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, q 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 , 6730 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 -- nn„n r_nurt ReDOrtinq 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 11 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 8o acres of land. .,_.. d.,.^r#;.,rV RP.rviCB (630) 963-0030 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 1s 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 r)-nn rn„rt Reoortinc 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 b Yorkville, have the ultimate annexed land 7 control , would it be -- the Boards have the g 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 r),-nn Court ReDorUng Service (830) 9830030 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 Court Reporting Service (630) 963-0030 937 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 . IS 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 -- nann r:nurt Renorting 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 . DeDa Court Reporting 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 g 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 nano 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 Deno 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 ? 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 r,....., rrxirt Rpnortina 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 g 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 r%-^^ r.,,vt RPnnrtina 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 Dann roust ReDortino 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 g 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 r,--- r^r,r rrt RPnnrtina 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 Deno 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 . no„n r mart ReDoltinq 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 . n--- rntt,t RPoortina 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 9190 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 nnnn Court ReAortinq 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 q 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, 17Pnn 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 g 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 1 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. nann 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 . g 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 . KURD: 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 S , 2006, No . 06--9993 , petitioner, has 24 filed an application with the United City of Depo Court Reporting Service (630) 983-0030 955 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 . nonn nnrort Reoortin4 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 g 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, Deoo 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 (830) 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 3 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 , neco 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) 9830030 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 965 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 appli cation 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 1 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 . 1 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 landfall 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 968 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) 963-0030 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 6th, of this year, my 7 firm, my partner and 1 , 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 r epresents 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 Court Reporting 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 18 Mr . Wyeth, the City attorney. And he wouldn ' t 19 get back to us . Several weeks passed. We heard 20 nothing . 21 Finally I called Mr . Wyeth -- I 22 think, John, you will remember that call -- and 23 Mr . Wyeth advised me that the Mayor had, in fact , 24 informally polled each of you and that the 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 Court Reporting Service (830) 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 989 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 -- 1S 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 (830) 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) 963-0030 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 Court Reporting Service (630) 883-0030 984 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 Reporfing Service (630) 983-0030 985 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 1 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 Court ReporVng Service (630) 983-0030 987 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 . And I will start out by saying 11 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 nPno 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 . Now, Mr . Blazer says this all 9 started on March 8th, when representatives of Fox 5 you the b Moraine first met with him, and he g Ives 7 whole scenario of how he got here . My recollection differs , and 8 g luckily I have the emails to support my recollection► because Mr . Blazer and I began to IO 11 email each other in January of 2006 . After our development team had 22 satisfied ourselves of the suitability of the 13 14 site to to go further , we began discussions with the County, and that happened in January, not in 15 16 March . By the time we got to March, 17 multiple drafts of a proposed pollution control 18 facility siting ordinance had gone back and 19 talked about a host 20 forth . Parties had 21 agreement . And you know something? Even 22 then it was all about the money because before 23 en talk to us , we had to 24 the County will ev ._...�0-,NA Frnn Service (630) 983-0030 990 1 guarantee to pay Mr . Jeep & Blazer for the 2 privilege of talking to them and for their 3 privilege of listening to us . it got time to And then when 4 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 g 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 . And one way to involve them in II s to adopt the modern trend of 12 the process wa 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 . Mr . Jeep ' s response to our 19 20 suggestion that a portion of the host fee go to orkville was that ' s a non-starter . 21 the City of Y 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 r,....,, -0030 o"no rrf RanortinQ Service (630) 983 191 1 ther eabouts , the City of Yorkville can have two Z and a half cents . That ' s $25 ► 000 a year , which, 3 4 inci dentally, is less than my client has paid 5 to Messrs • ,deep Blazer for the negotiations er had with them. 6 they claim that we nev the We ' ve got the invoices and 7 000 during checks to show that there has been $ 30r g but the negotiations paid for with the County, g wanted after it became clear that the County 1p only assuming this 11 to grab and hold all the revenue, would be approved, if we did decide we 12 facility the had to go to the City of Yorkville because 13 would be 14 reception we got there was that they 15 willing to share with the County . rstood that the County They unde 16 this process , and 17 was also an important part of wing talking so , therefore, we weren ' t going be 18 cents per about giving the County two and a half 19 dollars . 20 pound, but rather significant So from the beginning -- and 21 on the part of 22 our perceptrvn is it ' s been agreed t and it ' s been agreed on the part of 23 the County question we ' ve 24 the Attor ney General, because the q 1:_.. eanrir.R (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 . The process that we have here 5 ' s one that only starts tonight and moves forward 7 � the stage that really most of these comments 8 into the 9 should have bee n addressed to, and that is Ip siting hearing . I will tell you, ladies and 11 gentlemen in the audience, I have been at 12 g both 13 landfill siting hearings representing licants and opponents , some of which have 14 a PP eak their 15 taken 25 days ► and everyone gets to sP Ib peace . People get to cross-examine the witnesses and a record of evidence is developed. I We welcome the Opportunity to 18 the 19 go through that process . We look forward to 20 challenge of being able to Present evidence on all nine criteria that we must prove that 21 eo le in the withstands the scrutiny of the good p P 2 2 � done , the 23 community , and we hope that when it s 24 record will speak for itself - . - __1:.,. enniir.F! (630) 983-0030 193 And I ' m not going to discuss 1 2 any evidence or criteria tonight -- MAYOR PROCHASKA: Can I just ask you 3 like -- 4 to kind of wrap it because I would really le here -` I g we ' d like to have some of the people think there is still people that would like to 6 r ezty, sir, 7 talk on this particular piece of p o P 8 so if you could finalize your statement , I ' d g appreciate it - If I can just wrap it MR. MUELLER: IO 11 up, and then very briefly, the City most ropriately should have the power to do this - 12 I2 PP The County has not been 13 interested in including the City, Mr . Blazer ' s 14 representations to the contrary notwithstanding - 15 15 P We look forward to a full and 16 to 17 open public hearing and the opportunity develop a meaningful record that will speak for 18 in Ig itself as to whether or not this is a Proposal 2 p the best interests of the entire community - Thank you very much . 21 the MAYOR PROCHASKA: Okay - Yes , 22 23 gentleman . Todd. Mr . PhiliPchuck, do MR. MILLIRON : 24 _..a o.,�nrfinn Seryice (630) 983-0030 194 ou remember me holding this water bottle up I Y i es in the 2 yesterday and I was asking you about pip 3 ground? I want you to remember that you 4 ast night and I asked what were were sworn in l g the pipes in the ground, and somebody asked about 7 those test wells , and not to get into any ever specifics t it seems like you on this ► bu 8 what it 9 have Prior knowledge and was not disclosing ant night and was actually giving the wrong 10 l to say the r I don' t even -- I ' m not going 11 answe , full disclosure last 12 L word► but you did not give 13 night when asked. know that MR. pHILIPCHUCK. I don ' t 14 pertinent to anything, but as I recall you IS itrs P �. es out there 16 quest ion, you said what are thane pipes 17 on �1 ' eneral Sir, that ' s an awfully g 18 you were 19 question - I didn' t know what pipes y referring to out on Route 71, what pipes on 20 made at Route 11 , and then there were statements 21 the Bornemans 22 the public hearing last night that e out there and Bornemans had wells being 23 we that was 24 dri lled on their property► and I guess r,_....rfinrt SnMCO (830) 9$3-0030 ?95 1 someone who didn ' t understand what was going on 2 either' because , to my knowledge the B ornemans , 3 haven ' t done any drilling of any kind on their 4 Property . So for you to say -- you know , 5 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 g wells that you ' re referring to, I ' m not sure what 10 you are referring to . MR . MILLIRON : Well, I would 11 iht want to check the record 12 indicate somebody mg 13 and the testimony that was given . MR. PHILIPCHUCK: That ' s fine . 14 15 That ' s fine . I ' m MR. MILLIRON : All right . Now, 16 not done . I want to ask you guys , last week you P 17 the I8 passed a disposal fee and it was reported in Ig Record, a buck seventy - a buck 27 a ton . PROCHASKA: Correct . MAYOR 20 And I MR. MILLIRON : All right . zx read in the paper when the County started 22 negotiations at 38 a ton, all right , and the 23 g Hamann people walked away from the negotiating 24 r,__ Minn CPNice (630) 983-0030 196 1 table • the 9-20 So in that article on 2 about Kendall here, 3 Record, there was something 000 deal with landfill , referring to 4 $4 , 000 , 5 Kendall, south part of the county - And it was stated by Jim 6 that it was Berman, Mr . Hamann' s representative ' 7 him to of economically viable or feasible for B not is a ton► 9 open up a landfill at two fifty , s what ' s IO what they offered the County . Now, that 11 been reported. And so what I want to know is 12 what i oral feet and s this one twenty seven disposal I3 at two fifty, why 14 if Mr . Hamann can' t make money wanting to put him in the landfill 15 are you guys the business and subsidize the business m'at I6 b the room? 17 expense of all the people in MAYOR PROCHASKA: All right . First 18 you have your facts wrong ► and► 19 of a11 , that ' s -- Zp second of all , that ' s not a point of discussion 21 for annexation of this property * That actually is part -� a 22 n the agenda further agreement -- further part o 23 those numbers 2 g as we discuss the host agreement , .._...�oonnrrina Service (630) 983-0030 197 I 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 . MR. MILLIRON : How fast was that 5 ed, Art? Doesn ' t the ordinance , 6 ordinance pass 7 normal ordinance, take about two months to pass? MAYOR PROCHASKA: No , not S g necessarily . No . How much discussion MR. MILLIRON : IO 11 was made at that City Council meeting regarding 12 that? MAYOR PROCHASKA: The discussions 13 14 that the Council chose to have . MR. MILLIRON : And what was the time 15 16 frame on that, Art? MAYOR PROCHASKA: It was brought to 17 18 the Council and asked to be voted on as part of 19 the agenda . MR. MILLIRON : All right . Was it 20 five minutes? Or more? Five minutes or less or 21 22 five minutes or more? MAYOR PROCHASKA: It was on the 23 48 hours prior to being voted on . 24 agenda for .,.__�:..., car,/;,`A (630) 983-0030 198 MR. MILLIRON : You didn' t answer MY I City Council members , did you discuss 2 question . ou discuss that buck 27 3 that and haw long did y 4 disposal fee? It came to you in front of you . MAYOR PROCHASKA: Sir, you are out 5 _ of order . Now, either you stay on the subject 6 This has nothing to do with this particular item. 7 Now, if you want to stay on 8 ' ll talk. If not , I will ask you to 9 subject , we IQ leave . - So either stay on subject - II Z ' m saying that all the fees are discussed in the I2 enda and 13 host agreement that is later on in the agenda ou will hear discussion with the Council then . 14 Y else to So do you have anything 15 IS say about this property'' MR. MILLIRON : Y do . So this is the 17 IS 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 . MAYOR PROCHASKA: No , we ' re not . 22 We ' re discussing annexation and zoning , and 23 one keeps wanting to bring that up into the everyone Y _s:_.. 0-, A,-a /s3o1 983-0030 199 I discussion . n here is for the The discussio 2 So it ' s 3 annexati on and zoning of this property . 4 annexation and zoning to City Ag-1 • That is what 5 will be considered this evening - MR. MILLIRON : All right . Next b 1 how do 7 question . If this property is zoned Ag- , 8 you go about changing the use of this to a g landfill? Is that a City Council vote? 10 � How is that 1I Are yo u going to give public notice _ 12 going to work? OCHASKA: I believe that ' s MAYOR PR I3 do you 14 been explained a couple times . Der ke , 15 want to MR. MILLIRON : No , 11m asking the Is 17 zoning - MAYOR PROCHASKA: Listen to what he 18 19 has to say . MR . PRICE : Zoning doesn' t apply - 20 21 I is preempted by the state . It ' s the lengthy process I described earlier . Zoning doesn ' t 22 23 matter . d MAYOR PROCHASKA: Okay . Now I ' 24 iavrn .983-0030 200 1 like someone else to come up and speak . Sir . MR. PARISH : Ron Parish, Route 71 . 2 you know, we ' ve heard both 3 who 4 sides speak about who wants the landfill, 5 doesn ' t want the landfill . I don ' t think anybody 6 in the room wants the landfill . I ' ve sat here and even looked 7 g 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 . The next piece is , if we look 14 -- and I ' m not for the County 15 at the County having the landfill either , but at least I ' ve got 16 . If there is two, I ' ve got 50/50 . 17 a 50/50 chance 18 I don ' t have anything with the City . And the question was asked of 19 the gentleman from the County, could he promise 20 I 21 us that there ' s not going to be a la ndfill • 22 don ' t think anybody can promise us that , so I 3 would also like to ask the Board members and You, 2 to 2 Art , do you promise us that there is not going Cnrvu`A (830) 983-0030 201 1 a landfill so we have a basis . MR. MUNNS : Stop . Don ' t be talking 2 3 about this . MR . PRICE : I understand why You 4 want the question answered -- 3 MR. PARISH : I mean, he asked the 6 7 question, SO you don ' t MR. PRICE : And I said S g answer that . MR . PARISH: Okay . I apologize . 10 But I can' t see -- None of us IS to take want the landfill , and I ' m going to have 12 ' m not a big 13 my sh ot with the 50/ 50 , and Y 14 gambler • percent Y know y' all are 100 p 15 this came out , this man the way 16 for it because of so I will 17 standing UP saying he ' s for Yorkville, 18 have to go that direction. I think -- I hope all of you 19 I know that it ' s got 20 vote no . I mean, you know, to be tough sitting there listening to all of 21 a lot of us that ' s 22 this , and I ' m sure there ' s 23 made statements that probably don' t really understand. None of us are politicians . My 24 con.ir.A (630) 983-0030 202 x mother told me never to be a politician and I ' m 2 sure glad . But I sure would ask you to 3 4 vote no on this because, I mean, you know, it ' s 3 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 : JEFFREY D . JEEP, 11 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 . I feel compelled to respond to 18 8 a couple of points that Mr . Mueller made which 19 20 were just completely false . r the first issue of Let me cove 21 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 - - mnnnrfinn,;Arvice (630) 983-0030 203 1 with a party, ask that they pay the costs of 2 those negotiations . We have a situation right now 3 side where we have a landfill that ' s on 4 in Hill 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 g procedure , folks . Our municipal clients don ' t 9 pay, We ask the applicants to pay - So it ' s a 10 II cheap shot , Mr . Mueller , Secondly, I want to talk about 12 13 the implication that all we ' re concerned about ting all the money for the 14 Was the money and get 15 county . That is just plain wrong . Eirst of all , when we met on 16 7 March 8th, I followed that up with a detailed 1 term sheet , 16 pages long, that -- money was one 18 Ig component . The first was traffic . There 20 21 were issues of we wanted to incorporate the 22 entire Environmental Protection Act , every al statute , and enforce them 23 federal environment 24 as part of this agreement . .,,r..o ti;gnf 983-0030 204 They didn' t like that . They 1 lan . didn' t like that we wanted the end use p 2 Define now . We 3 What was it going to look like . 4 didn' t -- to do MR. SESCO : This has nothing 5 6 with -- MAYOR PROCHASKA. That ' s true, we 7 so I 'm going to let Your 8 let other people talk, ' m ap it up so we can g but I going to ask you to wr 9 10 give the people __ I think Y made my point MR. JEEP : II that we were not just talking about money ' 12 Okay . MAYOR PROCHASKA: I3 of money, when MR. JEEP : In terms 14 here is what was 15 he sai d this was a non-starter, 16 a non-starter, so you understand . The proposal that was made from 17 toss fee . That Ig Fox M oraine to the County was a g Offered $2 . 50 , they are paying You four , 19 is , th e Y 20 4 . 27 , whatever it is . is paid to They said whatever 2I from that of County, the a deduction will be made 22 so if we 23 payments to other municipalities , 24 were - had an agreement of $2 . 50 and there was -0030 (630) 983 205 I an agreement to pay $2 let ' s say to the 2 municipality, the County would receive 5D cents • I kept asking them, what is the 3 client and 9 proposal.? How can I go back to my evaluate what you' re Putting on the table? 5 We never got past that We 6 April 7th, we never 7 didn' t get past that -- from 8 got past that issue . - I MAYOR PROCHASKA: Okay . Can I 9 to IO would really like to have the People be able s and to the -- this is the annexation and 11 r e P , 12 zoning public hearing, so can you w rap? live you wrap 13 asked to y it uP • ect the MR. JEEP : Mr . Mayor , I resp 14 oPP ortunity to speak and set the record straight - 15 I felt there was a taint put on that that had to 16 17 be addressed . MAYOR PROCHASKA: Okay . Thank you . 18 19 M155 Gilbert . MS . GILBERT ,. My name is JoAnn 2Q Philipchuck . 2I Gilbert . I ' d like to respond to Mr . 22 He said there is plastic in the fields , Don eople don ' t follow the 23 Haman n' s fields , because p 24 rules . �:__ Co►1►1!R (630) 983-0030 206 If Don Hamann followed the 1 2 rules , we wouldn' t have an odor . (Applause) 3 MAYOR pROCHASKA: Okay . Is that 4 5 your statement' MS . GILBERT : That ' s it - 6 MAYOR PROCHASKA: In the back there , 7 8 sir . Yeah . Come on up - MR. FROST : It ' s been a long 9 M . I appreciate you taking the time . y 10 evening 11 name is George Frost , River ' s Edge . This is the first time in this 12 - 3 meeting, during the meeting from the night - 1 actually 14 yesterday and tonight that we finally 15 started getting some truth from this gentleman 16 who is the attorney that is making this 17 presentation . At the meeting Last night - 18 up and you, Mayor , whenever they would even bring 19 art of 2p that any con sideration for a landfill was p his process , you just kept reiterating that it 21 t P 22 was s whatever came down the pipe to, came down the i e • Well , the cat is out now . Everybody knows 23 P P 24 for sure what ' s happening . - w_..J m--^r inn Service (630) 983-0030 207 I don' t know why you would not 1 ree County 2 want to cooperate with the -- with t Board, why you want to' pick this fight, why you 3 4 want to do this . And I know you probably think 5 mind but you 6 it ' s probably for the best in Y our , 7 did it without even checking with the people . 8 The people don' t want this type of thing, whether it ' s voted or not by this Council . 9 It ' s just -- I ' ve heard more 10 attorney from the 11 pertinent information from the ' s name -- I don' t know the gentleman 12 County - ou in 13 than I have heard from this Board, or from Y 14 particular , lied to . 1 I don' t like being 15 oing to go 16 don' t like being told that this is q matter what in a roundabout way, 17 t hrough no was last night , 18 because that ' s exactly what it 19 and it s -_ you know , it ' s getting late . 20 Everybody here I ' m sure has a long day . had is Y urge you to All I can say 21 County and 22 vote no on this ► let ' s work with the 23 go from there . Take your citizens into 24 _L:— carvirP. (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 . We don ' t want it . The people 4 really involved are trying to tell you that and 6 you ' re not listening - You just don ' t seem to be 7 8 listening , Mayor, and I know you' ve been driving g this from the get-go, and I know it ' s probably 10 what you want for your legacy as the Mayor of 11 Yorkville . MR. MUNNS : The Mayor is not on the 12 your points at number five , 13 agenda again, so keep 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 . MAYOR PROCHASKA: All right . Marty, 18 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 Your it ' s 24 all part of this agreement . Yes , it is . I ' m ,.-..s (630) 983-0030 209 I asking to you vote no . Let ' s cooperate with the 2 County and let them have the lead in this . MAYOR PROCHASKA: Very good. 3 MR . FROST : Let ' s go home . 4 MAYOR PROCHASKA: And if I may just 5 - in 6 address this , if anybody wants , I believe - 7 fact, I can ask WSPY , they actually got my 8 statement on tape last night, where I very ecifically talked about the fact that this may 9 s p oing 10 be a landfill whether or not the City was g 11 to annex it, and that was a statement , that it 12 could be applied for either way, s o I don' t think 13 I have ever hidden any agenda or any discussion . Back to this particular piece 14 of property► is there anyone that would like to 15 speak on this piece of property and its 16 17 annexation and zoning? Sir? MR. NELSON : George Nelson again . IS I see Here is what I see here . 19 a power struggle between the City and the County 20 P over this property being annexed and over a 21 22 landfill site . I am urging the City Council to 23 put that aside, put that power struggle aside , 24 1:_. camAra (630) 983-0030 210 1 and do what ' s right and what the people here 2 want . We don ' t want it annexed and we 3 over g don' t want a landfill , so let ' s put all the p 5 struggle aside between. the City and County and 6 let ' s vote no • MAYOR PROCHASKA: Okay • is there 7 else that would like to speak? Sir? Yes - 8 anyone MR . KOLODZINSKI : Bob Kolodzinski , 9 10 River ' s Edge subdivision - Mr . Philipchuck, Billachuck, or 11 I 12 im not sure what his name is , but he had said 1akes and they throw out 3 that people make mist 14 plastic in with the yard waste, so then toxic an 15 hazardous material is in the garbage dump . Every one of those people up 16 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 . What makes you think that it 20 won' t happen again? This could be a modern day 21 in our 22 Erin Brockovich waiting to happen 23 backyard, and it will be every one of your ' s 24 fault . So please remember that when you vote . eo►virn (630) 983-0030 211 MAYOR PROCHASKA: Is there anyone 1 2 else that would like to speak on the annexation _ 3 and zoning of this property? Ma ' am MS . BARNES : Did I understand the 4 � County to say that if you annex that property 6 that it would not be able to be used as a � Id sue us to use it as a landfill , but they wou 8 landfill? 'hat ' s what I got out of it . 9 10 Am I wrong or is that -- MAYOR pROCHASKA: No no, that is 11 - I think 12 not what they said . And our attorney - 13 we ' re going to get off subject . MR. PRICE : You are treading on 14 Blazer 15 unfortunately one of the criteria + but Mr . 16 and Ms . Barnhart, the State ' s Attorney, he read 17 her letter which is the County ' s position that it la should be in an unincorporated area of the 19 County . I think that ' s about as much as we can 20 say . MS . BARNES : It should be . 21 MR . PRICE: Yes . That ' s -- Under 22 their plan, yes , that ' s what they are saying - 23 do MAYOR PROCHASKA: Mr . Gilmour, 24 ..__ r•....,i,.a (rqn) 983-0030 212 1 you want to speak? I think I can probably MR. GILMOUR: 2 say in summary for everyone sitting on this side 3 Y 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 . is going to impact other This 8 g communities besides Yorkville, and it 10 just appears as what it really is . It ' s a land grab and they are running rough shod over the 11 12 mechanism that already in Place for it . I ' m also realistic enough to 13 s 14 know that if the scenario were in the County I5 hands , it very well could be that the property 16 that you are discussing tonight could be an 17 eligible candidate for that . I feel more comfortable with 18 the oversight and the mechanism of the County 19 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 . Thank you . 23 (Applause) 24 fR.m) 983-0030 213 MAYOR PROCHASKA: All right . Is I yone else that would like to speak to 2 there an 3 this annexation and zoning? (Na response} 4 MR . PRICE : Yes . 5 MAYOR PROCHASKA: Yes . 6 MR . PRICE: Just one p o int , and I 7 8 want to be clear about this . You do have the p ower in the 9 10 Municipal Code and the Solid Waste Act to change 11 your authority . I also want to be clear about 12 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 . And Mr . Blazer made it 16 lear, he won' t anticipate in a 17 abundantly c if that ' s what you 18 hearing if it is before you, Ig decide . So the only difference between 20 2I a statement that says you are more comfortable is they either don' t trust 22 with the County you or 23 don' t think you are smart enough as a team the evidence will be 24 because the people testing . _. ennHrtp (630) 983-0030 214 1 exactly the same, the criteria you apply will be 2 exactly the same . So let us be clear about the 3 q 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 able to juggle a couple of them at the same time . 7 The standards are the same , the 8 The 9 people testing the evidence are the same . 10 only difference is who is sitting at the table . MAYOR PROCHASKA: Okay . I saw no 11 12 other hands , so I ' m going to ask the 13 Council to -- MAYOR PROCHASKA: Okay, ma ' am. Then 14 15 this is the last one . MS . RIECKERT : Kim Rieckert , State 16 17 Route 71 . I asked you previously, I ' m 18 1g going to ask you one more time before this goes to vote or any further, is this the best place to 20 consider having a landfill in Kendall 21 even 22 County? MAYOR PROCHASKA: We cannot answer 23 n, neither us , nor the County 24 that questio carvrre (630) 983-0030 215 1 representatives . None of us can answer that 2 question at this time . None of us - MAYOR PROCHASKA: Okay . With that I 3 would entertain a motion to close this public 4 hearing , Well, wait a minute . I see one hand . 5 You want to say something? And then this will � D 0 7 be the last one . B WHEREUPON : BARB RAKOWSKI , 9 ied before the Yorkville City Council as 10 testif 11 follows : Ms . RAKOWSKI : My name is Barb 12 Rakowski . I live at 8450 West Highpoint Road . 13 Obviously I have a personal 14 property 15 concern because I am right near the prop 1 being annexed, my first 6 that ' s talking about 17 Council meeting and it ' s quite a handful - 17 also have a concern over it ' s 18 been such a short time span . I ' m trying to learn 19 was the process of what you ' re doing ► and when I 20 I have 21 out in the community the past two weeks , 22 been asking people that are actually the citizens 23 of Yorkville how they actually feel about this . There are so many people that 24 iagnl 983-0030 216 1 don' t even know what ' s going on, and these are 2 your constituents . I am just wondering , before you 3 lacing q place your vote tonight , are you really p 5 it on behalf of them? Because I don' t feel that the 6 6 community really knows that this could be a g landfill and that -- I am wondering if they would g prefer economic growth in a different form. I know if I had a chance 10 be higher taxes ' I would 11 between a landfill or may 12 probably pick the higher taxes so I just want ► 13 you to consider that before You Place Your vote . MAYOR PROCHASKA: Thank you . With 14 I would entertain a motion, unless the 15 that, 16 Council has something else -- Did you have something, Rose? 17 MS . SPEARS : May we address some of 18 19 the statements that were made? would look MAYOR PROCHASKA: Well , I 20 21 to the attorney . I ' d like MS . SPEARS : First of all , 22 to address Attorney Blazer . I would like to say 23 I know that you did enlighten us on the name 24 isv4n! q83-0030 217 1 change from Fox Moraine to Hamann . I have no idea why you gave us that information , but thank 2 3 You - And then I ' d like to -- Can you 4 y curiosity, Jeep & Blazer , was $ just satisfy m 6 there a name change involved in that? That ' s 7 just kind of a -- I don ' t know . It s unique . MR. BLAZER: About once a week we do S ll looking for our service g get a phone ca 10 department . But frankly, Jeff and I went to xx law school together, we ' ve been best friends for 12 D - 13 26 years , and his God given name is Jeffrey 14 Jeep and my God given name is Michael S . Blazer . MS . SPEARS : Okay . Well, thank you , xs I ' d also like to mention that 16 17 recently I read in the paper that you had a 18 County Board member that was quite upset because she was not informed regarding the Fox Moraine 19 s and 20 meetings and the results of various meetings 21 this is a County Board member that mentioned 22 that , how very upset she was with this . And you also mentioned in your 23 little presentation that your firm offered to 24 o n01 983-0030 298 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 . z 6 believe you are referring to -- You need to speak MAYOR PROCHASKA: 7 8 up so the court reporter can hear you - MR. BLAZER: I believe you are 9 Member Jesse Hafenrichterand 10 referring to Board , 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 -- There was another board member 22 23 who -- Mr - Davidson, who also raised a concern ting, and I think 24 about that at that last mee - „---.4 0^m^r+inrr CArViCe (630) 983-0030 219 1 what happened there , frankly, Y think 1 ultimate Y 2 someone acknowledged it was -- and I won' t go too far down this road -- but the Solid Waste 3 touch with the 4 Committee honestly hadn ' t been in 5 rest of the Board possibly as much as they had to be and Mr . Davidson felt a little bit 6 wanted that left out , but I think we resolved that at� to date , and 8 meeting by bringing everyone up knows obviously as you saw at the Waste 9 everyone ' clock, Committee meeting this Thursday at 1 : 00 ° 10 and it will there will be a draft host agreement , II evening ' s 12 also be on the agenda for next Tuesday 13 full Board meeting . I think those issues So , again, 14 suggest that , as I 15 were resolved. I can only he applicants represented and suggested, 16 think t on paper that we not necessarily take everything 17 and we ospel , but those issues were resolved, IS as g ' s Attorney 19 had been communicating with the State 20 and the County Board routinely . We ' Ve copied the State ' s 21 that we ' ve had 22 Attorney on every single exchange e the beginning , including my discussions 23 sync on 24 with Mr . Mueller, where I asked his opinions (830) 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 g been MIA since February . MS . SPEARS : Okay . That was not my 7 8 question . Thank you - I ' d like to know also how many 9 how many 10 people are on the Solid Waste Committee , 11 Board members? MR. BLAZER: Three . 12 MS . SPEARS : Three . And how many 13 do we have for the County? 14 Board members MR. BLAZER: Ten . 15 I would MS . SPEARS : Ten. Okay . 16 be really comfortable if that information is 17 not on the Board . xs not relayed to the other members 19 And this is what -- I mean, I ' ll call them and s ea with them and see . Because that would be 20 p and if 21 the same , we have eight on our Council, onl three were given privy-to information, I 22 y 23 have a problem with that . MR. BLAZER: And, again, I don ' t 24 can,irrq (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. Well , I ' m not bringing MS . SPEARS : 4 the State " s Attorney in here because I think she 5 to 6 does an excellent jab, so I ' m not going 7 involve her in this . MS . BARNHART , Well, I don' t mind. 8 ou know , MS . SPEARS : I am just -- Y 9 10 I have some concerns about the way -- MR. MUNNS : Can we stay on subject 11 because we can discuss all those when we get 12 he re 13 to the ordinance . MS . SPEARS : Well , I just -- you 14 ou did 15 know, I have some concerns about the way Y 16 give your presentation . gentleman here said And this 17 - and I can 18 also that an attorney can really -statement to his statement -- can really, really 19 re the way influence Your decision, and basically 2 p didn' t 21 you conducted Yourself , I just certainly 22 appreciate it . And that ' s my opinion . Thank you . 23 With that , MAYOR PROCHASKA, Okay - 24 ts;qrn 983-0030 222 1 I would entertain a motion to close this public 2 hearing . MR . BESCO : So moved . 3 MR . JAMES : Second. 4 MAYOR PROCHASKA: Moved and 5 please? 6 seconded, May I have roll call, MS . MILSCHEWSKI : Wolfer . 7 MR. WOLFER: Aye . 8 MS . MILSCHEWSKI : Leslie . 9 MR. LESLIE : Aye . 10 MS . MILSCHEWSKI : Besco , 11 MR. BESCO : Aye . 12 MS , MILSCHEWSKI : Bock . 13 MR . BOCK: Aye . 14 MS . MILSCHEWSKI : Spears . 15 MS . SPEARS : Aye . 16 MS . MILSCHEWSKI : Burd . 17 MS . BURD : Aye . 18 MS . MILSCHEWSKI : Munns . 19 MR. MUNNS : Aye . 20 MS . MILSCHEWSKI : James . 21 MR. JAMES : Aye . 22 carried. MAYOR pROCHASKA: Motion is 23 ublic 24 Don' t go away. folks , we have Orie m°re. P _1:.,., cnniir.A (630) 983-0030 223 1 hearing , I would entertain a motion to 2 3 go into public hearing for the purpose of tion of a portion of Sleepy Hollow 4 discussing vaca 5 Road located south of Illinois Route 11 , that 6 d 23 , Township 36 North, part of Sections 14 an 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 `11 and north of a line which bears south 89 1 degrees 55 minutes 26 seconds west and the 1 oint 12 easterly Prolongation of said line at a P 13 1935 . 49 feet north of the south quarter corner of 14 said Section 23 in Kendall County, Illinois . MR. JAMES : So moved, 15 MR. BOCK: Second . 16 MAYOR PROCHASKA: Moved and 17 ve roll call, please? 18 seconded. May I ha MS , MILSCHEWSKI : Wolfer . 19 MR. WOLFER: Aye . 20 MS , MILSCHEWSKI = Leslie . 21 MR. LESLIE : Aye . 22 MS . MILSCHEWSKI : Besco . 23 MR . BESCO : Aye . 24 IS30} 983-0030 224 MS . MILSCHEWSKI : Bock . x MR. BOCK: Aye . 2 MS . MILSCHEWSKI : Spears . 3 MS . SPEARS : Aye . 4 MS . MILSCHEWSKI : Burd . 5 MS . BURD : Aye . 6 MS . MILSCHEWSKI : Munns . 7 MR. MUNNS : Aye . 8 MS . MILSCHEWSKI : James . 9 MR. JAMES : Aye . 10 MAYOR PROCHASKA: Motion is carried . 1Y - 2 We are now in public hearing , Is Petitioner - 1 chuck► MR. PHILIPCHUCK: John Philip 13 any► 14 attorney on behalf of North Star Trust Comp 06-9993 , with offices at 123 Water 15 Trust No . 16 Street , Naperville ► Illinois . In the event that the City of 17 Yorkville annexes this property, 759 acres that 18 ravel 1 9 we recently spoke about , there is a little g that runs between Walker Road and Route 11 . 20 road one It serves a farm residence . That ' s the only 21 client . 22 that ' s located on that road of our - - my It is obviously a distance from 23 We see no 24 the balance of the heart of the City . ca.,Ara f630) 983-0030 225 1 need for that particular road. It ' s our intention to be able 2 to take that residence and those buildings down, 3 and, as a result , we are requesting that the City 4 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. MAYOR PROCHASKA: Okay . And I ' d 11 open the floor . Sir , do you want to like to come 12 P 13 up? MR. PARISH: I guess here again 14 Ron Parish, I live on 15 that ' s convenient 16 Route 71 • I do use that road . You know, 17 18 there is another person here, I own one side of the other . Can we close that road? 19 71 he owns 20 I ' m the only one who uses it _ That ' s exactly what you ' re 21 for . I ' m totally against it . We use that 22 asking s not just his road. It happens to be 23 road. It ' 24 just his house on it . _1:... 0nniirq 1630) 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 of these properties that we ' ve 6 agreement on any 7 talked about? Have you had a vote on that? a 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. MR. PHILIPCHUCK: Sir, I could 14 15 address that . By statute they ' re really 16 they ' re not even required to conduct a public 17 hearing . They' re going the extra mile 18 o allow the public to make comment about 19 here t 20 vacating the road. It " s not a statutory 21 requirement once the property is annexed. MR. GILMOUR: It has not been voted 22 23 on yet . MR. PHILIPCHUCK: That ' s correct . 24 Garvica (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 MR. GILMOUR: Could they wait 30 4 5 days? I mean, would 30 days kill? MR . PHILIPCHUCK: In the event that 6 it is 7 it ' s decided that they annex the property, 8 within their jurisdiction . My client owns both sides of 9 longer , 1p the road, has no need for the road any 11 and is asking that they vacate . MR. GILMOUR: Once again, T ' m amazed 12 at the lightning speed that you people can do 13 other 14 business on this particular issue and any I m done . issue it seems like molasses flowing . 15 MAYOR PROCHASKA: Understand 16 Yes , 17 everyone has the right to ask the question . 18 ma ' am. T use MS . GILBERT : JoAnn Gilbert . 19 And if you 20 that road . I don' t understand this , 21 d o vacate it, will that land go to Don Hamann? MAYOR PROCHASKA: It goes to the 22 adjoining land owner► so in the event that he 23 3 24 owns both sides , that would happen. .._.,.�onnnriino Service (630) 983-0030 228 It it ' s an area where he owns 1 he center and goes to - it ' s 2 and someone else owns , it would go - 3 tentatively split down t - 4 half goes to each side . MS . GILBERT : So Okay . But there 5 not a 6 is cars that do go down that road, granted, 7 lot , but people do use that road . MAYOR PROCHASKA: Thank you for your 8 g comment, ma ' am. Gentleman in the back - _q FROST : George Frost from the 10 the road I 11 River ' s Edge again . Quick question on 12 would like to ask the attorney . Did Mr . Hamann ever approach 13 14 the County with this same proposal -- -- MR . PHILIPCHUCK: I don' t zs MR. FROST . -- to vacate the road? 16 county road z7 Now, that ' s a county road. That ' s a z8 right now, it ' s not a village road. MR. PHILIPCHUCK: Sir, I don' t think 19 20 that ' s a correct statement . MR. FROST : Pardon me? 21 + t think MR. PHILIPCHUCK: I don 22 23 that ' s a correct statement . MR. FROST : I am asking You what is 24 �_....+:�.. carvice (630) 983-0030 229 1 correct? county MR. pHILIPCHUCK: It , s not a 2 3 road. It ' s a township road- It + s -- _ MR . FROST : Governed by the county ► 4 - it ' s 5 though, taken care of and maintained by 6 maintained by the county, correct? MR . PHILIPCHUCK: No , sir - 7 retained by the township . It ' s a township g Mai It ' s g road, It ' s a prescriptive right-of-way . 10 not a dedicated right-of-way - owns the underlying Mr . Hamann 11 feet subject to the right of travel over it . 12 f did MR. FROST : My question still is 13 about vacating 14 he not ask something of the County 15 that? MR . PHILIPCHUCK: I don ' t know . 16 MR . FROST : My understanding was 17 it 18 that the County told him that he could have r- for a million dollars and your -- Mr - Hamann 1g ask the MAYOR PROCHASKA: Can I 20 County if you could please produce that 21 umentation? Because I ' ve heard that now three 22 doc s that the County would take jurisdiction 23 time , 24 over a township road and offer money for that . .. faun 983-0030 230 MR. BLAZER: I am not aware where 1 2 this gentleman got his information, with all due 3 respect . The issue of Sleepy Hollow Road 4 g has never been raised with us , nor has any subject of money for Sleepy Hollow Road ever been 6 7 discussed with us ► so I really don' t know where g that comes from. HASKA; Okay . Thank You, MAYOR PROC 9 10 sir . MR. FROST : Okay . xx MAYOR PROCHASKA: Back in the back 12 Yeah, you with your hand up ► sir . 13 there , sir . 14 Yes , sir . MR. THUROW: A new face . 15 (Applause) 16 17 WHEREUPON : LOUIS THUROW, 18 testified before the Yorkville City Council as 19 20 follows : MR. THUROW : I am Louis Thurow and I 2I and 22 live at 2588 Route 52 , Sheridan, Illinois , 23 You want to know why I ' m here . The piece of property that 24 (630) 983-0030 23? 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 . This road that you are talking 5 about is part of our road, too , and how come that 6 7 they haven ' t been notified am asking this - I g attorney, he knows everything . Tell me why we g didn' t get notified of this . MR. PHILIPCHUCK: We ' re not asking IQ n of the road adjacent to 11 for a vacatio 12 Ms . Wells ' property . is only the Portion of the This 13 14 road that is adjacent where Mr . Hamann owns both 25 sides . The portion where you sharer 16 17 we ' re not asking for the vacation . MR. THUROW : Yeah, but it does IS 19 include us . MR . PHILIPCHUCK: No . 20 MR. THUROW : Yes , it does . 21 - MR. PHILIPCHUCK: Not the portion - 22 still would be able to maintain your access 23 you 24 to your farm. s r,......,.+;.,.,gvrvire (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 . You didn ' t notify us of this , 4 and I didn' t get the notice of this hearing very ,5 & soon. I had to call up this woman that lives in d tell her two days before I got 7 Pennsylvania an 8 my letter from your -- registered letter . I feel very insulted . I think 9 you folks are really on a fast track . But I do 10 11 think that you can show a little respect , 12 Mr . Hamann, to have -- to show her the respect of 13 closing that road. And I don ' t think you ' ve got 14 15 the right . I think the Township ' s got the right And I object to this , you taking over 15 to do it . 17 or incorporating this adjacent to us . And it adjoins us , the biggest 18 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 . Thank you . 22 23 MAYOR PROCHASKA: Thank You . Is hat would like to speak on 24 there someone else t annnrf►na Service (630) 983-0030 233 1 this subject? MR. MILLIRON : I promise I ' ll be 2 3 brief .• I have concerns about that road being closed because it would prevent the public fr om 4 cloy on on that site if 5 monitoring what would be going 6 you go forward with what you think you are going 7 forward with - And we ' re all against . MAYOR PROCHASKA: Okay . Is there 8 five comment on g anyone else that would like to g 10 this particular public hearing? (No response) 11 Any discussion MAYOR PROCHASKA: 12 13 from Council? MR. PHILIPCHUCK: I just had one 14 the culvert on 15 more point , Mayor . Sometime back, Ib a low spot on the road went out and the Township closed the road for a long , long time before 17 just finally got around to repairing it and then 18 they f for Ig reopening the road, so I just point that out 20 your information - I would MAYOR PROCHASKA: O okay - public hearing . 22 entertain a motion to close this p MR. BESCO: So moved . 23 MS . BURD: Second. 24 QnnnrtinQ Service (630) 983-0030 234 MAYOR PROCHASKA: Moved and 1 seconded. May I have roll call , please? 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 MS . MILSCHEWSKI : Spears . 9 MS . SPEARS : Aye . 10 MS . MILSCHEWSKI : Burd . 11 MS . BURR: Aye . 12 MS . MILSCHEWSKI : Munns . 13 MR. MUNNS : Aye . 14 MS . MILSCHEWSKI : James . 15 MR. JAMES : Aye . 16 MS . MILSCHEWSKI : Wolfer . 17 MR. WOLFER: Aye . 18 MAYOR PROCHASKA: Motion is carried - 19 We are That concludes all the public hearings 20 21 for this evening . (Which concluded the 22 public hearing 23 portion of the 24 Pannrfina Service (630) 983-0030 236 1 STATE OF ILLINOIS } ss : 2 COUNTY OF LASALLE } 3 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 ; S 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 WITNESA WHEREOF I have hereunto set 15 and this _ day of 2006 . 17 18 20 CHRISTINE M.JVITOSH,—C . S .R. CSR License No . 084-002883 21 22 23 24 r,.....r-„girt Pgnnrtina Service (630) 983-0030 237 Yorkville City Council September 26, 2006 146:3 80:15, 86:5 8282 72:21 $100,00 47:7, 47:7, 48 197:24 83127-12 86:24, 86:24 19 24:13, 25:8, 8417 32:5, 37:8, 25:15, 61:12, 84:5, 5 230:22 65:24 $100,000 47:6, 47:6, 147:4, 148:14 50 20:14, 47:8, 61:8, 65:23, 49:16, 49:16, 49:22, 1 7:4, 1 8.14 119:11, 205:2 8450 215:13 49.22, 50:7, 50:7 8675 70:17 $2 205:1 1:00 219:10, 219:10 5015 201:13 2 223:6 50150 200:17, 200:17 8714 65:22 $2.5 204:19 62 55:8 511 138:23 8730 44:14, 129:9 20 6:1, : , , 89 223:10 $2.50 204:24 514 95:14 $25,000 191:3, 191:3 152:21 53 86:2, 8fi:6 8th 135:19, 171:6, $30,000 191:8, 200 78:19, 82:2, 171:15, 189:5, 191:8, 192:2, 192:2 97:1, 97:2, 97:6, 97:6 2210-24, 14:13, 203:17 $300,00 50:1, 50:1 2005 82:4 553350 184:21 9 118:1 $4 190:24 2006 189:11 $4,000,00 '122:13, 2006-4 7:18, 125:2 68143:7, 134:10, 9-20 1915 122:13, 122:13 2006-44 75:1, 75:4 186:14 90 117:15 6 223:7 $4,000,000 196:4, 2006-6 4:6, 154:22 609 188:3 196:4, 196:4 2006-7 76:5 6122:18 <A> $50,000 50:1. 236 18 4 6165 35:5 A-1 7:23, 7:24, 15:1, 2006. $500,000 47:22, 65 149:18 15:5, 44:7, 76:11, 47:22, 49:14, 49:14, 2012 164:1 7 19:23, 76:16, 125:7, 155:3, 155:4, 58:17, 58:17, 86:18, 2047 114:13 155:9, 156:20, 157:8, 157:1, 157:3, 157:4, 86:18, 86:20, 86:20, 2141:8 159:24, 194.20, 163:11, 163:18 86:21, 86:21 23 29:3, 223:14 194:21, 223:5, abdicating 189:2 $750,000 58:19, 25 192:15 225:19 ability 105:21 58:19 25,00 47:8, 47:8 able 16:9, 63:24, 71 8:5, 10:1, 12:10, - 255 9:24 o0o-235:2 268 8:5 19:24, 21:14, 66:9, 72:4, 79:3, 101:17, 06-1 168:22 70:21, 71:1, 71:6, 179:22, 192:20, 06-16 167:15 2588 230:22 71:22, 78:3, 86:7, 205:10, 211:6, 214:7, 06-999 76:61 78:1, 25th 128:6 225:2, 231:23 223:11 26 217:13, 125:16, 127:13, 154:23, 224:15 127:18, 131:10. abomination 20:13, 06-9993 156:13 27 195:19, 198:3 156:21, 163:9, 85:15 084-002883 236:24 30 51:20, 227:4, 185:24, 194:17, above 135:9, 166:20 1,258 4:13, 4:13 227:5 above-entitled 1:7 30-day 119:2 200:2, 214:17, 100 61:8, 201:15 30-mile 19:2 223:10, 224:20, absolute 148:4 11571 19:23 30th le 11 225:16 absolutely 85:15 119th 51:19 abundantly 213:17 123 77:23, 156:11, 34 4:14, 67:10, 80:9 75 66:11 36 223:6 759 103:1, 224:18 accept 8:11 66:4 224:15 1 g5:23 759.7 155:8 14 223:6 38 112:11, 117:71 15 67:1, 100:20, 39.2 167:11, 167:16 760 156:16, 163:5 access 12:14, 172:7, 177:21 3:00 26:14, 26:14 7:00 1:9, 1:9 231:23 4 86:2, 117:12 7th 175:18, 205:7 accordance 17:23, 15-acre 78:1 4.2 204:20 80 125:15, 128:18, 81:7, 190:16 15.32 76:15, 82:6 account 121:1, 15th 18:3 40 85:10, 136:23 133:24, 151:17, 40-acre 17:11 151:20, 152:8, 180:1 121:1 16 203:18 800 1:9 accountable 123:8 17 31:10 400-foot 159:6 8190 150:10 accustomed 57:5 1700 127:2 47 20:13, 20:13, 8262184:3 ackn 180 117:19, 146:1, owledge 10:15 63:6, 66:17, 80:12, .q mrvice (630) 983-0030 238 Yorkville City Council September 26,2006 129:17, 141:13, Agency 136:12 129:23, 163:12, acknowledged 166:2, 209:6, 216:18, agenda 19:15, 34:3, 226:19 219:2 59:1, 74:2, 90:11, allowed 158:9, Acorn 112:12 216:23, 221:2, acres 8:5, 9:24, 226:15 91:21, 118:7, 165:6, allows 7 79:21 addressed 24:17, 196:23, 197:19, 10:24, 14:13, 51:6, almost 139:2, 76:15, 82:6, 100:20, 104:12, 192:5, 192:9, 197:24, 198:13, 198:21, 208:13, 173:23 103:1, 125:15, 205:17 127:12, 128:18, addressing 174:7 209:13, 219:12 alone already y 11 21:9, adequately 170:23 ago 83:8, 83:12, 133:24, 151:17, 85:22, 88:16, 139:2 2'1:16, 30::99, 35:14, , 151:20, 152:8, 155:8, adhere 133:6 43:12, 43:18, 43:18, adjacent 149:3, 140:17, 146:1,156:16, 163:5, 146:13, 146:19, 44:1, 44:2, 86:8, 224:18 226:11, 231:11, 86:13, 187:1. 187-15, 17 180:23 231:14, 232: across 12:9, 39:5, agree 37:1, 73:9, 212:12 51:24, 63:11, 150:10 adjoining 23:14, 142:22, 165:15, alternative 52:17 Act 57:2, 103:5, 26:5, 227:23 Although 10:10, 118:18, 167:12, adjoins 232:18 165:17, 165:23, 15:9 167:16, 180:19, adjourned 108:15 166:4, 166:12 188:15, 188:18, adjustment 13:9 agreeable 95:19 2 administrative a agreed 176:10, amended 181 203:22, 213:10 drain 183:4, 191:22, amendment 15:17 acting 54:14 American 54:8 action 122:2, 123:1, Administrator 2:10, 91: 165:14 among 50:5, 118:19, 123:3 45:11, �72:11 agreeing active 165:11 admitted 210:18 agreement 167:2 175:23 activities :11 adopt 95:20, 134:20, agreements 41:10, amongst 85:2247.6, �� 15 150:24, 190:12 41:16, 41:23, 62:5, amount 45:23, actual 29:22, 7 . 20, 98:11, 137:7, 47:10, 47:17, 50:1 74:2091:20, 107:14 adopted 78:18, 82:3, 63:24 137:8, 143:5, 143:23, 50:14, 159:21, Actually 13:2, 33:20, 107:1, 107:13 175:23, 176:2, 177:4 51:5, 51:23, adopting dopting 150:18 147:15 opts 109:13 58:15, 59:13, 69:19, ad Agricultural 7:24, amounts 46:9, 46:9, advance 171:24 11:11, 11:14, 14:24, 113:15 92:4, 93:14, 98:10, 15:13, 44:7, 125:7, anguish 179:2 106:13, 115:15, advantage 12:13, ANN 2:9 144:3, 146:17, 80:8, 80:23, 138:11, agriculture 5 :4, 16 : 10 :17 annex 9:21, 13:13, 147:22, 159:19, advice i e 183: 15 ahead 29:22, 37:7, 14:7, 25:12, 41:18, 171:15, 194:10, advise 164:17 43:16, 162:2 52:9, 61:22, 66:18, , 196:22, 206:14, Albert 17:7 68:10, 68:18, 72:2, 209:7, 215:22, 170:11 78:8, 79:6, 79:14, 215:23, 218:5 advised 56:12, Alderman 2:3, 2:4, 2:7 2:8, 2:9, 93:14, 128:1, 146:21, add 135:8, 147:21, 169:5, 172:18, 174:1, 2:6, 148:2, 152:3, 182:18, 174:23 69:13, 186:5 211:5, 227:7 177:8, 181:13 209:11, adding 137:6 advisory 53:23 Aldermen 32:9, additional 135:2, affect 13:7, 59:6, 56:13, 82:19, 118:12 annexations 23:23, Alderwoman 2:5 81:5, 97:6, 99:4, 135:8, 137:15, 66:16 113:17, 141:11 190:23 affected 66:22 alignment 131:9, address 3:22116:2, aforesaid 236:14 132:1, 1332: 132:12, annexed 21:721:22, 65:13, 65:18, 70:15, afternoon 6:1, 6:2 132:13, 132:15, 163:7, 163:9 100:fi, Ag 157:1 31:15, 32:15, 32:18, 72:11, 99:21, Allegiance 3:9, 3:10 37:4, 41:24, 42:14, 102:16, 104:7, Ag-1 29:18, 199:4, 46;3, 59:9, 79:20, 104:11, 119:8, 199:7 allow 28:17, 80:24, norm rnrlrt Revortinq Service(630) 983-0030 239 Yorkville City Council September 26, 2006 34:12, 34:21, 60:21, 98:5, 99:24, 130:10, arteries 12:11 80:4, 86:8, 86:14, ARTHUR 2:2 95:3, 115:12, 150:5, 167:9, 167:10, 98:2, 99:19, 111:19, article 120:11, 196:2 112:22, 127:6, 135:6, 179;66206:3, 212:24, 169:73 167:20, articles 171:12 146:13, 153:2, 184:5, 230.1 articulately 188:12 applicable 117:6 approve 81:17, 2pg:21, 21 d:3, 116:16 aside 209:24, 215:1 fi, 226:11, applicant 53:13, 226:21 78:8, 156:23, 173:20 approved 34:1, 209:24, 210:5 115:2, 115:2, 117:20, asks 73:21, 86:18, annexes 224:18 applicants 177:4, 142:23, 142:24, 110:4 annexing 11:21, 192:14, 203:10, 219:16 149:6, 150:2, 191:12, Assembly 180:13, 20:9, 24:7, 32:15, 226:5 180:22 157:4 application 4:7, 7:19, 9:20, 11:1, approximately 4:13, assigned 99:3 answered 38:24, 9;24, 71:8, 76;15, assigning 11:5 61:16, 93:19, 201:5 25:9, 25:10, 36:1, 125:15, 128:18, assist 49:11, 164:17 answers 90:21, 36:2, 36:23, 37:2, assisting 52:18 150:19, 151:1, 151:7 37:3, 44:18, 45:20, 155:8, 156:16, ;24, 156:19 associated 171:13 49:1, 58:16, 61 anticipate 213:17 76:7, 117;9, 11 :24, April 205;7 assuming 191:11 anticipated 96:24, 117:16, 118:11, area 14:18, 19:10, assure 89:24, 175:4, 127:16, 164:1 180:9, 181:8 154:24, 36:10, 38:8, 39:16, anticipates 131:20 125:3, 142:5, 42:11, attached 168:13 anxious 114:24 160-.6, 160:23, 165:4, 51:11,42:8, 7112, 79:10, attachment 128:16 Anybody 17:15, 167:8, 167:20, 82:7, 98:15, 100:10, attack 164:21 21:12, 22:7, 31:21, 169:15, 169:18, 129:1, 129:13, attended 218:12 38:12, 46:18159:18, 179:15, 181:10, 129:19, 131:13, attention 12:20, 88:4, 107:6, 110:7. 182:2 150:3, 158;4, 82:23, 82:24, 83:3, 110:10, 120:15, applications 29:17, 146:2, 188:23 158:13, 158:14, 83:4, 83:21, 88:12, 123:21, 139:18, 179:17, 90:1, 146:14, 174:9 applied 47:17, 158:15, 158:23, attest 37:11 139:19, 153:12, 162:23, 163:2 162:6, 200:51 200:22, 119:17, 158:5,209:12, 213:14 172:17, 179:10, attorney-at-law 9:17 202:5, 209:6 186:23, 187:5, attorneys 166:24, anyway 36:14, 54:7, applies 149:7, 211:18, 228:1 167:4, 171:2, 176:18, 118:7 178: 1 B0:24, 51:15 220:5 181:1 1 areas 51:14, apologize 150:23, apply 137:2, 169:6, 57:15, 79:9. 79:15, AUDIENCE 3:13, 174:7, 201:10 199:20, 214:1 80:1, 80:22, 119:10, 6:7, 26:18, 27:9, apparent 172:15 168:18, 169:1, 176:1 31:3, 34:12, 44:4, apparently 67:17 appreciate 67:21, 91:12, 174:3, 176:13, appeal 53:13, 54:11, 82:18, 182:12, 193:9, argument 29:10, 182.12 206:10, 221:22 153:' 50:9 169:18 audio 18:8, appeared 2:16 appreciated 66:19 arm 138�2 August 18:3, 18:12 appears 177:17, approach 228:13 around 19:10, 30:2, 212:10 Aurora 127:3, approached 19:11, 9:7, 44:2, 39:17, 39:21, 40:6, 127:23 21:12, 3 appellate 54:15 40:12, 51:14, 55:12, authority 134:11, Appendix 168:19, 171:16 60:6 66:20, 134:20, 135:3, 135:8, 168:20 appropriate 15:10, 135:24, 170:18, 137:16, 213:11, applaud 34:16 131:6, 132:18, 163:12 174:6, 181:8, 233:18 applauding 34:13 authorized 86:21, Applause 16:7, 22:1, appropriately Art 23:13, 48:8, 61:5, 170:10 25:16, 26:9, 26:13, 193;12 92:3, 112:17, 197:6, avail 99:17, 101:9 26:20, 27:1, 28:14, Approval 9:20, 8 1:6, 197:16, 200:24 ._...a,3.,.,Nrtine,.ggrvice (630) 983-0030 240 Yorkville City Council September 26, 2006 bad 31:17, 38:4, 202:7 best 34:11, 97:2, available 101:13, 109:8,132:4 122:6, 143:22, 174:6, 18$:8 begin 99:11, 198:21 97:4, 178:17, beginning 33:9, 160:8, 178:9, Avenue 43:8, bags 157:19 178:17 191:21, 181:11, 187:7, 134:10, 186:15 balance 11:9, 23:9, 207:6, avoid 170:3, 178:23, 49:19, 53:2, 139:23, 219:23 193:20, 140:2, 140:3, 140:5, behalf 2:16, 10:8, 212:22, 214:20 179:1, 179:1 166:19, 167:5, 217:12, 218: avoidable 178:24 140:8, 145:6, 224:24 216:5 better 25:19, 52:22, balanced 57:8 216:5, 224:14 72:7, avoiding 182:19 behind 23:18, 24:7, 66:14, 72:4, aware 68:22, 69:13, balances 54:91 96:14, 120:19, 54:10 48:14 141:6, 185:6, 185:9, balancing 57:2, Believe 4:3, 11:21, 120:19, 165:2, 230:1 145:20 12:15, 23:2, 23:2, 165:19, 178:10, away 51:6, 55:9, 122:20, 179:24, 180:4, 180:5 58:23, 107:23, 141:4, Banks 18:21, 18:24, 36:19, 56:23, 3:1. Beverly 7:18, 9:19 18:24 38:22, 38:22, 60:1, 70:20, 73:1, Y 142:20, 143:6, 144:9, 73:21 83:5, 89:12, beyond 40:17, 135:9 152:20, 195:24, 39:14, 40:8, 40:22, 94:17, 97:23, , 100:7 bias 109:6, 109:12, 222:24 150:9, 150:9 110:2 awfully 194:18 Barb 215:9, 215:12 100:8, 106:5, 112:17, 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 3 g� 1g'147:13, < B � 54:24, 211:4, 211:21 182:22, 199:13, 52:1, B-3 4:10, 7:24, 8:1, BARNHART 47:22, 208:16, 209:6, 218:6, b62: ear 691:20 10:24, 14:14, 17:12, 16fi:8, 167:4, 172:9, 218:9, 221:1 biggest 232:18 17:20, 18:15, 20:22, 211:16, 221:8 belongs 38:14 99 184:19 39:1, 76:11, 78:15, base 84:20, 84:24, below 47:8, 113:7 Bill 108:9, benefit 40:13, 101:6, Billachuck 210:11 82:8, 110:15, 116:14, 84:24, 85:8, 85:8, 121:11, 127:22, Billchuck 102:16 125:11, 127:8, 87:23, 98:22 bills 108:7, 192:2, 127:11, 128:20, Based 56:24, 63:24, benefits. 54: 192:3 98:24, 113:23, benefits 54:17, 149:10, 151:20, 152:12, 121:19 Birch 31:8, 31:10, 151:23 131:24, Berman 196:7 31:10 baby 111:4 163:6, 163:16, bit 4B:1, 219:6 Back 18:10, 18:15, 182:19 berms 19:3 18:18, 31:3, 31:5, Basically 14:4, 29:4, Bernadette 4:21, Blaze 186:17 36:14 130:20, BESCO 2:8, 4:21, 38:13, 58:2, 58:20, 4:22, 7:10, 7:11, 9:4, block 67:9 59:14, 59:15, 64:4, 146:14, 221:20 blow 175:5 69:6, 82:16, B3:9, basis 201:1 9:5, 26:22, 27:20, blowing 35:14, 65:6 69:14 84:4, 91:1, 91:24, Batavia 51:10, 59:19 27:21, 75:21, 77:8, 59:20 145:24, bath 111: 75:20, 92:14, 132:9, 4 77:9, 124:3, 124:15, Board 10:10, 30:15, 148:21, 150:2, 150:7, Beach 134:23, 135:2 124:16, 126:9, 54:2, 60:20, 85:22, 158:6, 158:8, 166:12, bears 223:10 126:10, 153:23, 104:12, 118:12, 174:19, 182:22, beautiful 139:5 134:6, 134:16, 154:9, 154:10, 139:15, 187:4, 189:19, 205:4, became 191:10 134:19, 206:7, 209:14, 228:9, become 18:11, 57:5, 155:22, 2 4:51222:3, 167:8, 167:18, 230:12, 230:12, 118:13, 171:4 :12 169:201170:13, 233:15 becomes 59:11 222:11, 222 , 172:9, 173:12, 223:23, 223:24, backdoored 60:6 began 171:21, 233:23, 234:5, :6 179:19, 186:18, background 58:13 17 .1 189'10' Besides 94:12, 200:23, 207:3, backyard 37:16, 1899:14 4 begging 87207:13, 212:20, 210:23 :13, 136:17, 212:9 __ .,...,.�oonnrtinn SArvice(630) 983-0030 241 Yorkville City Council September 26, 2006 candy 23:14, 26:4 217:18, 217:21, 126:15,brief 81:13, 233:3 124:22, cap 85:13 briefly 193:11 126:16, 146:12, 218:4, 218:10, bright 63:10 146:22, 147:3, capacity 120:9 218:16, 218:20, bring 11:23, 39:16, 153:24, 154:15, car 86:10, 110:5 218:22, 219:5, 154:16, 156:3, 156:4, care 57:13, 88:3, 219:13, 219:20, 40:11, 57:7, 85:4, 86:7, 140:15, 145:12, 222:17, 222:18, 88:10, 184:15, 185:2, 220:11, 220:143 158:20, 198:24, 224:5, 224:6, 233:24, 185:22, 220:4, 229:5 220:18 234:11, 234:12 CARLSON 138:20, Boards 135:7 206:19, 218:20 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 Burr 141:6 221:4 140:11, 140:14, BOCK 5:11, 5:12, Business 4:11, 8:1, 141-.12, 142:3. 142:7, 6:17, 7:8, 7:9, 8:13, Bristol-kendall 13:1, 73:12, 100:14, 10:24, 11:6, 17:12, 142:14, 144:12, 9:6, 9:7, 27:18, 26:4, 29:20, 42:8, 145:2, 146:9, 146:20, 27:19, 75:22, 75:23, 100:22 76:18, 77:10, 77:11, broader 117:2 42:15, 42:19, 51:14, 146:24, 147:4, Brocko�ich 210:22 76:12, 104:7, 104:11 , 147:11, 148:1, 148:8. 124:17, 124:18, broken ich 125:11, 196:16, 148:11, 148:17 125:21, 126;11, brought 4:11 196:16, 227:14, Carol 17:6, 112:8. 126:12, 154:11, 112:11 83:1, 236:8 154:12, 155:23, 39:22, 57:21, carried 5:13, 7:12, 106:23, 159:13, businesses 51:2, 77:14, 155:24, 222:13, 160:3, 197:17 51:21, 89:22, 102:21 9:8, 76:2, 222:14, 223:16, buyers 79:23 124:23, 126:17, 224:1, 224:2, 234:7, BROWN 157:18, Y 154:19, 156:7, 234:8 183-.24, 184:3. 184:3. 222:23, 224:11, body 43:17, 113:14, 184-.10, 184:18, � > 234:19 167:18 184:20, 184:23, carry 159:8, 173:6 boggling 226:13 185:6, 185:9, 185:19, C. 42:13 236:23 carrying 79:18 186:2, 186:11 C.S.R. 1:8, book 83:16 California 134:24 cars 86:13, 228:6 border-to-border buck 195:19, Call 3:5, 4:20, 6:19, case 24:11, 36:19, 181:6 195:19, 198:3 48:23, 54:14, 113:10, borders 40:18 buffer 17:23 8:15, 27:4, 27:11, Borneman 7:19, buffering 17:18 38:3, 38:4, 74:18, 118:15, 147:9, 83:2 152:17, 167:24, 9:18, 9:19, 9:19, build 137:2, 176:2 75:9, 76:21, , 221:2 85:22, 88:19, 111:12, 221:1, 17:5, 19:2, 48;4, 78:5 builder 109:4 111:14, 121:21, cash 41:12, 42:3, Bornemans 9:18, building 29:19, 122:23, 124:6, 42:9 9:23, 18:10, 19:9, 41:13, 42:3, 98:5, cast 93:4 133:5, 137:1 125:24, 154:2, cat 206:23 20:19, 42:18, 194:22, 107:12, 155:14 170:9, 194:23, 195:2 buildings 136:20, causing 37:20 174:22, 184:14, 225:3 bottle 194:1 184:21, 185:23, caution 67:14, 89:14 bottom 181:9 built 18:14, 21:18, bound 17fi:22 85:1 217:9, 220:19, 222:6, cautioning 89:6, boundaries 79:1, bulletproof 144:4 called 23'.21683:2? cautious 161:23 79:5, 180:15 bully 189'1 174:21 ceases 26:17 BU 2:5, 5;7, 5:8, 88:23, 172:4, 174:21 boundary 70:23, 8:1 g calling 15:18 Center 4:15, 228:3 71:4, 127-.15, 162:22 7:4, 7:5, 8'18, 8:19, cents 191:2, 191:19, boy 52:2, 52:2 27:14, 27:15, 46:24, calls 6111 61:16, 205:2 brand 145:3 47:3, 74:19, 74:20, 78:17, 111:20 certain 121:14, 75:10, 75:11, 76:22, candidate 30:9, break 21:6 136:6. 138:8 breathe 84:12 76:23, 124:4, 124:21, 212:17 .. - ,._.. =^nnrfinrt.Rwrvica (630) 983-0030 242 Yorkville City Council September 26, 2006 236:23 91:13, 91:16, 124:1, 188:8, 192:8 certainly 39:10, Church 118:14, 153:22, 215:4, 222:1, commercial 14:21, 72:9, 115:5, 133:11, 225:19, 233:22 20:21, 79:15, 79:20, 159:3, 1 60:2, 161:1, 172:9 circumstance 50:4 closed 3:17, 23:18, 221:21 80:5, 80:10, 80:14, Certified 236:7 circumvent 59;14 37:13, 51:20, 233:4, 82:8, 99:1, 99: , 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, 145:7, 208:3 chair 183:16 cities 188:20, 190:15 89:12 Commission 13:21, citizens 12:1, 24:1, closing 176:12, Chairman 106:15, 13:24, 14:1, 14:5, 172:9 24:17, 57:22, 79:12, 226:10, 232:13 14:16, 78:13, 81:14, chairs 92:20 127:1, 147:1, 157:22, 149:18, 149:18 9:1 , 89:16, 89:17, 89:18, challenge 56:17, 207:24, 215:22 93:5, 94:20, 94:23, civics 135:20 Code 45:12, 45:13, 92:24, 95:11, 102:12, claim 191:6 107:3, 107:14, 112:9, 128:5 143:2, 145:18, 184:17, Commissioner 107.20, 192:20 clapping 26:17 184 108:19 challenging 56:13 clarification 13:16, 184:17, :10 odes 107:1, commitment 56:14, c chambers 170:8 81:23 odes , 121:6, 137:'! 56:18 chance 200:17, clarify 112:15 216:10 clarity 110:23 coincide 132:17 commitments 56:24 committed 101:15 change 10:20, 13:6, class 20:22, 140:23 collects 49:20 Committee 34:11, 17:14, 21:4, 29:17, classification 10:12, colored 14:16 29:23, 33:9, 50:5, 10:21, 11:6, 11:11, comes 25:12, 37:14, 218:16,2259:4, 149:24, 150:2, 14:14, 15:1, 15:11, 51:13, 63:16, 96:9, 219:10, 220:10 170:19, 182:9, 82:9, 128:19, 129:21, 107:4, 116:24,122:15,, 1334:1:1 6, common 108:11,213:10, 217:1, 217:6 129:22, 130:7, 158:5, 230:8 108:16, 202:22 changed 18:12, 130:13, 131:2. Commonwealth 105:8, 144:4, 163:16 comfortable 212:18, 34:2, classifications 213:21, 220:17 159:5 168:9 131:23 coming 22:19, communicate 218:3 changes 82:13 11:12, communicating changing 199:8 classified 10:24 34:15, 59:15, 670:14, 219:19 charged 89:9, 89:15 clean 35:20, 49:12 115:7, 139: 140:4 communication charm 56:22 cleaned 20:16 1 139:4, cleaning 20:16 140-.16, 153:4, 158:3 175:19 chastised 83:7 g commencing 171:19 communities 40:21, chastising 89:6 clear 50:21, 93:7, 145:22, 190:18, cheap 203:11 191:10, 213:8, comment fi3:4, 90:21, 119:4, 119:4, 212:9 cheaper 45:21 213:12, 213:17, 141:16, 142:10, community 57:1, check 85:12, 185:1, 214:3 142:13, 142:15, 57:4, 57:5, 63:12, 195:12 clerical 13:8 80:11, 139:11, 140:1, Clerk 2:12, 166:9, 153:18, 17 140:23, 159:15, checking 207:7 168:15 226:19, 227:2, 228:9, checks 54:9, 54:10, client , 233:9 159:18, 159:20, 185:23, 191:8 client 191:4, 205:4, comments 3:23, 167:2, 170:18, 190:B, cheering 26:17 224:22, 227:9 190:9, 192:23, Chicago 122:24 clients 127:24, 15:23, 31:24, 62:24, 193:20, 215:21, 88:13, 90:3, 123:22, children 6:1, 63:14 clippings 139:9, 153:9, 164:3, 216:7 choose 39:12, 133:8 clippings 37:19 165:4 165:18, companies 133:8 chose B5:13, 197:14 close 6:14, 31:1, 183:20 Company 17:1, 76:5, CHRISTINE 1:8, 67:23, 74:13, 75:4, 166:18, , 41:4 41:7, 236:6, 88:20, 88:24, B9:10, 186:8, 186:9, 18616, 77:24, 133:2, 154:22, rinnn rnart Ranorting Service (630) 983-0030 243 Yorkville City Council 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, c ompletely 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 1fi3:13 46:6, 73:2, 96:12, 176:17 connect 26:6 continue 26:13, 100:2, 108:4, 108:8, 3 complicated 176:19, connecting 198:18 26:21, 28:2, 29:17, 137: 1181 23 176:24 connection 127:5, 152:1, 47:14, 79:12, 115:5, 1 fi0:23, 157:12, 225:7 182:9, 182:15, component 203:19 167:7 components 80:14 consensus 175: continued 175:8, 226:24, 227:1, compost 37:10, conservation 57:14 175:13 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 9, 72:5, CORRINGTON 72:4, 158:2 consideration 70:1, 62:18, 62:1 Comprehen 29:11 78:11, 90:24, 91:20, 72:9, 79:21, 107:11, 70:9, 70:16, 70:1166, 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, 36:5, 1, 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 considering 176:7, 143:21, 143:22, costly 177:1 147:13, 173:14. 6:2, 49:24, 215:15, 215:18, 180:3 145:13, 162:3, 162:6, costs 4 218:23 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:$616:8, conditioned 121:17 216:2 16 174:15, 175:6, 207:2, 20:3, 32:7, ,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 construction 29:20 184:11 couples 147:7 144:3, 147:19, r,...,.,rin,,,t RpnMino Service (630) 963-0030 244 Yorkville City Council September 26,2006 designed 53:8 dated 76:6, 1 54:22, deduction 204:22 desire 27:2 course 11:14, 12:4, 168:22 deemed 117:20, desk 14:2 117:21, 133:8 Davidson 218:23, 131:6 destiny 79:4 court 54:15, 60:10, 219.6 defeated 28:14, 218:6 32:16 detail 132:8, 137:13 cover 202:21 Day 118:1, 118:12, defer 52:14 detailed 203:17 150:13, 171:14, Define 204:3 detained 42:4 coverage 100:9 207:20, 210:21, covers 70:21 definitely 151:23 deteriorate 114:22 Craig 7:18, 9:19 236:17 degree 175:20 determination creating 159:19 days 24:14, 25:8, degrees 223:11 122:9, 167:19, 178:8, Creek 58:9 25:15, 61:12, 84:5, Del fi3:9 180:23, 181:2 crews 157:19 92:5, 114:3, 117:15, deliberately 68:17 determine 179:23 criteria 17:22, 53:1, 117.19' 147.5' delivered 13:4, determined 116:21, 53:2, 53:6, 54:7, 148:14, 152:21, 188:12 133:16 161:17, 166:3, 192:15, 227:5, 227:5, 232:7 demand 97:3, 175:8 determines 79:7, 167:17, 176:21, demanding 175:23 96:6 183:6, 192:21, 193:2, deal 23:17, 137:5, demerits 179:23 determining 200:12 211:15, 213:15, 146:6, 175:1, 196:4, democracy 24:10 Dettm p 15:12, 214:1 203:6 density 15:3 develop :11, 4 criterias 59:24 dealing 43:22, 48:5, deny 112:24 17:21, 42:11, 42:22, critical 101:13, 65:7, 65-.14, 105:11, Department 37:24, 98:1, 159:19, 193:1B 171:22 110:20, 181:22 100:24, 101:8, developed 39:23, dealings 17:7 42:5, 101-.17, 192:17 deals CROIS 2:10 ls 73:18, 106:7, 105:13, 105:15, crops 158:11 105:17, 111:3, developers 25:19, cross-examine 4:2, 183:5, 184:12 217:10 64:1, 101:20, 119:15 DEAR 2:6 de developing 133:1 192:1 fi bate 23:19, 91:1 depend 103:15 CSR 236:24 depending 50:2, development 41:13, culvert 233:15 December 132:7 97.6 42:23, 51:14, 64:15, curiosity 32:8, 217:5 decide 53:14, de ends fi2:10 79:16, 96:8, 96:9, current 24:20, 113:19° 144'2' 175:6, depiction 128:17 97:3, 97:7, 97:10, 107:5, 162:23, 191:12, 213:19 deposit 46:3, 46:11, 97-12197:13, 98:16, 163:19, 186:21 decided 23:13, 47:11, 47:15, 49:14, 98:20, 99:7, 101:14, currently 10:31 53:17, 67-17. 130:1, 49:16, 50:18, 50:20, 131:20, 133:3, 10:16, 72:3, 80:13, 133:5, 187:2, 227:7 9:16 145:14, 146:5, deciding 53:15 147:14. 147:23, 128:22, 157:3 decision 53:10, deprive 188:19 curves 71:3 derives 169:13 159:2, 163:14, cut 166:12 53:24, 54:15, 63:23' Derke 2:19, 49:6, 180:16, 186:23, cuts 58:24, 159:20 67:17, 117:18, 49:10, 120:4, 142:1' 9:10, 120:4, 142:11, developments 117:18, 118:11, 177:3, 199:14 developments 119:6, 140:5, 161:11, describe 34:12 80:13, 115:1, 147:10, < D 161:20, 169:19. 147:20 177:14, 186:18, described 166:21, develops 42:7 D-805`106 1:24 186:21, 187:9, 170:22, 199:22, dial 38:2 D. 202:11, 217:13 187:12, 200:12, 2218 52:14 Diane 125:2, 127:5 damages 122:10 221:20 describing dictate 136:23 dance 181:8 design 97:11 DIETER 55:24, 56:3, dare 165:12, 18 84 3 decline '110:9,8 designated 11:7, 56:4, 151:15, 151:15, Darrel 183:24, 1 114:23 14:18, 79:23, 80:5, 152:2, 152 date 24:12, 25:7, 82.7 :6, 152:8, 219:8 dedicated 229:10 (630) 983-0030 245 Yorkvilie City Council September 26, 2006 196:20 197:10, 152:4, 162:2, 183:13, 106:14, 131:7, 230:2 152:10, 152:18, dug 85:12 152:23, 153:8 198:14, 199:1, 199:2, 185:19, 192:23,:13, 233:12 195:3, 195:17, duly 236:6 difference 48:2, 209 dump 35:13, 50:19, 181:22, 182:5, discussions 90:14, 227:15 P 35:16, 123:12, 213:13, 213:20, 167:1, 171:22, door 59:14, 139:12, 84:9, 119:9, 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, disposal 188:17, down 7:14, 21:8, 191:8, 206:13 147:24,, 2 216:9 146:7, 16:9, 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, ,2:23163:22, 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, 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 175:21 97:21 98:2, 100:15, 159:20, 169:22, 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, 149:9 155:9, discovered 12:19 districts 190:15 downstroke 50:8 149:3, , 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, 186A, 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 eight 220:21 56:8, 60:23, 70:2, done 21:11, 25:18, 65:19 36:3 driving 141:4, either 36:3, , 74:8, 85:21, 88:20, 42:4, 50:10, 50:10, 9 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 8, 47:12 2x3:14, 23: 22, 122:17, 123:17, 141:10, 143:14, drops 47 153:1. 160:3, 186:10, 145:19, 147:6, 147:6, due 42:6, 42:11, 232:3 r „+p=nnrtinn Service (630) 983-0030 246 Yorkville City Council September 26, 2006 excellent 221:6 enter 78:9, 156:24 16:22, 70:1, 70:9. except 39:3 Eidamain 12:8, 74:2, 77:24, 81:15, 70:19, 70:20, 71:3, entertain 4:5, 6:14, 115:20, 115:21, exchange 21 70: 71:9, 71:12, 71:16, 7:16, 31:1, 74:12, 116:21, 127:1, Excuse 45:3, 70:12, 75:3, 76:3, 124:1, $4:22, 104:3, 168:20 71:20 124:24, 153:21, 156:12, 164:11, elected 23:5, 36:19, 188:1, 199:5, 202:14, excused 88:23 93:12 154:20, 215:4, exercise 142:16 electrical 107:15, 216.15, 222:1' 223.2' 234:20' 219.12, Exhibit 14:15, 136:21, 159:8 233:22 event 133:17, 168:13 elects 169:14 entire 20:14, 64:18, 169:11, 169:17, existing 15:14, 40:2, eligible 212:17 87:10, 117'14' 224:17, 227:6, 130:21, 163:13 elsewhere 120:18 118:17, 149:7, 227:23 417 exists 54:19 email 189:11 151:24, 173:13, EVERETTS 72:17, exit 127:17 emails 189:9 193:20, 203:22 expand 79:2 entity 1fi8:8 72:20, 72:20, 73:17, expanded 39:21 emergency 24:15, Environmental 74:4, 74:6 24:18 Everybody 16:13, expanding 11:20 emotionally 89:9 136:11, 161:2, 19:9, 22:8, 30:1 S, expect 120:18,expansion 39:20 employment 159:22 167:12, 203:22, 86:16. 114:20, empowered 136:10 203:23 117:16, 117:21, 120:19 empty 92:19 EPA 121:17, 135:1, 118:2, 120:7, 120:22, expected 99:9, 115:3 enacting 101:21 136:18, 176:4 159:15, expense 196:17 enclosed 167:22 Epa-regulated 59:23 122:3. experience 50:11, erector 159:7 162:3, 178:16, 173:9, 177:4 encompass 157:8 186:20, 206:23, encourage 68:4, Eric 125:2, 127:4 207:20 experiencing 78:24 encourage Erin 210:22 expert 58:10 error 12:19 everyone 67:18, ex .,rtise 57:16 end 24:7, 26:12, errors 210:19 80:7, 192:15, 198:24, P 26:20, 27:2, 28:13, 212:3, 219:8, 219:9, experts 120:22 28:13, 55:19, 60:9, essence 108:6 explain 47:3, 48:13, 64:16, 83-.6, 112:22, established 98:24 227:2, 227:17 2 :3, 6B-.24, 91:13, 103:7 198:18, 204:2, 232:3 establishes 167:17 54:8,everything:10, 135:21, explained 69:7, endeavor 103:1 estate 15:3, 15:8, 199:14 ends 71:6, 157:18, 110:9. 115:31163:4 136:2, 148:11, 185:1' explanation 61:6, estate-sized 18:14, 219:17, 231:8 61:13 157:19, 178:3 55:17 everywhere 59:20, 167:1, enforce 107:9, exploratory 185:13, 203:23 estate-zoned 17:11 160:17 estimate 171:21 46:13, evidence 53:6, engaging 166:24 54:13, 122:20, expressing 179:2 engineered 132:13 46:16, 97:2. 97:4 extending 95:16 4619 estimated : 192:17, 192:20' engineering 96:21, 193:2, 213:24, 214:9 extension 12:7, 132:2 et 225:9 70:19, 70:21, 71:9, 16423 ethics : exact 190:22 enhance 232:19 exactly 89:7, 105:11, 79:9, 96:5. 145:21 enhancements Etna 188:4 extensions 98:15 137:16 207:18, 214:1, 214:2.evaluate 79:24,205:5 177.20, 177'24' extent 136:7 enlighten 216:24 225:21 extra 226:18 enormous 176:2 evaluated 99:13,163:16 eyes 172:15, 174:B examine 117:16 y enough 85:8, 87:3, Evansville 177:8 example 107:4, 212:13, 213:23 evening 5:20, 9:10, 109:2, 134:23, < enrich 158:9 136:19, 143:24 ensure 173:18, 9:16, 10:10, 13:22, exceed 14:13 F. 2:: 2 180:15 14:2, 1519, 16:5, .,_..�o..-^r#;nrF cRrvice(630) 983-0030 247 Yorkville City Council 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, 64:4, 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, 95:16, 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, 136:111 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 1971039:8, file u78 169:12 236:6 factor 200:13 fault 122•.7, 7:9 fiscally 81:3 filed 4:7, 7;19, 10:9, fv 208:13, 208:22 factories 52:1 157:21, 157:22, facts 161:10, 210:24 48:20, 76:7. 117:13, Five 28:1, 133:22, 161:17, 165:1, favo r 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, . ..t z3-- #;nry eonfira rs:Inl 983-0030 248 Yorkville city Council September 26, 2006 192:12 foundation 87:23 149:23 22:16, 29:1, 31:9, furtherance 33:5 geological 160:9, 32:4, 35:4, 41:6, four 14:9, 24:8, Future 12:4, 38:5, 160:13 43:6, 44:13, 49:8, 25:22, 48:16, 67:11, 53;15, 57:9, 64:9, George 58:4, 58:7, 55:5, 56:2, 58:6, 81:19, 87:17, 114:3, :19 133:21, 147:7 79:22, 80:18, 80:20, 92:23, 93:2, 187:22, 66:7, 70:8, 72:19. i 30:11, 131:20, 188:2, 206:11, 77:20, 93:1, 95:12, four-lane 131:21 132:1, 157:10, 159:2, 209:18, 228:10 102:13, 112:10, Fox 4:15, 10:2, 12:8, germane 105:3 114:11, 116:7, 12:23, 29:3, 58:9, 159:9, 160:1, 162:19, et o 208:9 126:23, 138:22, 117:9, 166:23, 168:5, 162:22, 163:8. 170:3, gets 59:9, 60:3, 149:1, 149:17, 168:7, 168:11, 169:6, 176:5 60:3, 117:16, 119:20, 164:10, 184:2, 169:11, 171:8, 119:20, 161:16. 187:24, 202:13, 171:13, 175:1, 175:8, 184:5, 192:15, 214:5 11, 223:8, 175:21, 188:6, 189:5, a G getting 35:14, 37:21, 215:11, 190:6, 204:18, 217:1, gain 136:8 79:19, 86:1, 158:20, Gale 52:1 foot 136:21, 136:23 217:19 ambler 201:14 203:14, 206:15, force 40:2, 163:21, frame 96:24, 197:16 Game 1 :9, 24:7, 207:19 178:20 framework 123:2 198:18 giant 50:18 forcing 40:8 Frankly 127:23, garbage 37:21, GILBERT 28:10, foregoing 236:11, 172:22, 173:22. 28:15, 44:11, 44:14, 175:10, 175:19, 52:23, 55:11, 55:19, 44:14, 44:22, 45:2, 236:12 175:22, 180:8, 59:20, 85:2, 100:3, foresee 145:4 101:9, 119:9, 123:12, 45:9, 45:15, 45:19, forget 175:5, 175:7 217:11, 218'12' 134:3, 210:15 46:7, 4613, 46:17, Forgive 226:4 219:1, 220:5 free 53:21 Gary 126:21, 127:1 11118, 111 1�g'11: , form 216:9 frequent 142:23 gas 19:6, 19:7, 111:24, formalization 33:11 19:14, 132:22 111:21, formally 11:5 frequently 188:5 17:12 gasoline 8:2, 10:13 112:2, 129:9, 129:9, friends 2 formations 160:13 Gate 35:6 130:1, 130:5, 130:14, former 168:7 front 92:20, 93:13, gave 217:2 131:12, 131:16, forth 91:2, 160:3, 150:12, 19B:4 General 64:6, 73:18, 132:19, 132:23, 189:20 frontage 156:19, 162:11, 180:12, 133:12, 13319, forty 75:1 159:24 180:22, 191:24, 134:1, 205:19, 194:18 forum 116:14 FROST 5B 16:2 A, 58:7, 205:20, 205:21, , 206:9, 206:11, forward 3:211 5B:7 generally 41:11, 206:6, 227:19, 18:18, 18:19, 26:11, 208:15, 20$:20, :23 38:21, 208:23, 209:4, 82:23, 89:20, 130:24, 227:19, 228:5 30:21, 34 133:16 GILMOUR 28:23, 61:22, 64:2, 92:15, 228:10, 228:10, 29:2, 29:3, 63:5, 228:16, 228:21, generated 98:24, 63:5, 64:4, 211:24, 92:21, 95:5, 95:8, 228:24, 2 :4, 99:9, 99:10 96:9, 96:21, 116:3, 29 99:8 212:2, 226:3, 226:4, :7, 132:2, generation 229:13, 229:17, Geneva 5n 226:9, 226:22, 227:4, 128:13, 129 230:11 227:12 138:18, 159:10, full 12 :211193:16,, Gentleman 43:1, 169:14, 177:11, 58:15, 59:21, 72:23, GILSON 92:23, 93:2, 177:16, 1 B2:1, 194:1 , 218:20, 93:2, 93:18, 94:6, 219:13 83:5, 150:7, 193:23, 94:17 182:10, 192:7, fully : 200:20, 206:15, 192:19, 193:16, 9216 207:12, 221:17, give 3:23, 61:6, function 120:14 81:11, 85:6, 90:3, 233:6, 233:7 funding 98:13, 228:9 2 , 230: 90:4, 118:20, 121:11, forwarded 119:5 entlemen 178:2, fou 204:19 98:23, 99:9, 101:16, 978:21, 188:2, 122:13, 129:7, found 107:11 101:24, 132:3, _ .--,..+Cennrfinf7 service (630) 983-0030 249 Yorkville City Council September 26, 2006 134:23, 135:133 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, town 145:23, 146:2 231:1, 231:14, 90:5, 90:10, 90:13, given 15:13, 24:4, g rowth 40:15, 40:16, 232:12 92:19, 93:4, 94:9, 25:4, 25:7, 96:3, g 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, 60:151 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 , 174:44126866, 197:1, 135:18, 135:21, 190:1 123:21, 143:16, 189:6 guess 17:10, 18:4, 212:15, 214:12 heard 16:10, 48:8, giving 191:19, 18:15, 20:31 46:19, hang-up 175:22 68:5, 70:19, 93:3, 194:10, 227:1 75:2, 82:16, 105:10, 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139:13, 225:24 54:16, 142:20, 174:24 Highway 12:8, 143:24, 214:5 20:13, 20:13, 20:17, houses 18:14, 39:4, im posed 53:11, information 56:15, 21:9, 67:8, 86:3, 39:17, 39:17, 40:12, P 40:22, 55:17 54:19, 107:7. 107:21 91:8, 207:11, 217:2, 131:21, 132:1 im poses 107:21 220:17, 220:22, highways 36:16 housing 115:1 p er 72:24 230:2, 233:20 Hill 4:15, 59:18 Huge 38:7, 66:17 �mP ro P informed 109:17, hundred 47:12 improve 57:17 217.19 Hillside 203:4 hurry hundred 4 improved 21:18 hired 49:11 improvements 12:3, infrastructure 97:11 hit 71:3 husband 41:23, improve 47:6, 47:17 hogs 158:21 139:3, 139:12 y initials 41:24 hold 28:17, 191:11 improving 20:12 109:19, in. 59:16, 139:11 input 50:7, holding 102:20, incident 63:6 118:21, 118:21 168:14, 1941 l idea 51:2, 63:10, incidentally 191:4 inside 178: holds 102:23 include 50:6, 100:9, insight 182:12 Hollow 95:22, 155:9, 147:2 120:15, 110:24, 131:3, 163:2, inspect 86:19 223:4, 223:8, 230:4, 147:20, 148:2, installation 97:1 230:6 148:13, 158:2, 208:3, 231:19, 173:5, instance 43:15, home 52:2, 52:2, 217:2 included 134:22, 136:20 ed 393, 63:11, 79:23, 87:16, ideals 56:24 39:18, 40:23, instances 49:18 87:18, 109:4, 209:4 ideas 51:7, 91:2, 39:18, 41:11, 41:15, 128:17 instruct 25:13 homeowners 79:18 208:1 includes 15:7, insult 115:8 Homes 16:24, 17:1, identifies 165:7 insulted 232:9 111:22 143:5, 151:23,identify 105:19 44:18, 44:20, 45:4, intelligence 115:8 homework 58:11 ignore 120:17, 162:20, 181:11 intended 12:5, 50:8, honestly 219:4 172:3, 177:16 98:21 ignored 175:20 including 171:14, intends 169:6 Honorable 9:15, 9 193:14, 219:23 28:5 imagine 37:21 immediate 98:16, incorporate 203:21 intense 11:14, hope 123:13, incorporating 130:24 192:23, 201:19 123:1, 123:3 intensity 130:23, Immediately 99:19, 232:17 Hopefully 16:15, 133:10 145:6, 185:14 122:1, 122:7, 156:16, increase 57:13 172:4, 184:7 incredible 178:20 intensive 15:6 hoping 70:10 impact 35:7, 172:17, independent 57:19 intention 225:2 horses 158:22 indicate 195:12 interchange 131:10, host 54:17, 121:23, 173:16, 173:17, 131:21, 157:7, 157:8 122:3, 122:15, 136:9, 190:17, 212:8 indicated 113:9, interest 11:5, 49:21, 143:4, 143-.23, impacted 36:12, 109:8, 181:6 143:23, 165:6, 167:1, 36:21, 190:9, 190:14 indication 113:11 interested 20:11, 171:17, 176:6, impacts 30:5, 35:8 individual 68:18, 32:9, 64:8, 193:14 189:20, 190:5, imperative 188:9 96:18, 103:10, interests 173:10, 190:13, 190:16, imperuiating 6418 103:13 173:15, 175:7, 190:20, 190:24, implication 110:4, individuals 34:14, nano Court Reporting Service (830) 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 989:11, 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, 176:31 104:24, 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 n--- r�--#onnn fine,4ZAMrR ta.30) 983-0030 252 Yorkville City Council September 26, 2006 lends 160:2 181:9, 223:9, 223:10, locally 53:17 Lagrange 139:4 223:12 locate 167:9, 167:11 Lake 146:2 length 138:10 lines 132:20, 132:22, located 4:13, 76:15, landfills 85:6, lengthy 108:13, 78:2, 125:15, 127:12, 199:21. 159:4, 169:10 168:18, 168:17, 168:24, link 21:11, 21:13, 133:5, 155:8, 177:6, 180:24, 181:1 LESLIE 2:4, 4:23, 21:22 168:24, 223:5, Landing 51:24, 135:7 4:24, 6:20, 6:21, 9:2, fisted 131:3 224:22 landscaping 17:19, 9:3, 27:22, 27:23, location 5:22, 20:1, 67:12, 67:21, 68:13, Listen 22:7, 86:16, 129:2, 133:7, 19:3 113:15, 199:18, 96:6, Lane 35:6, 112:12, 66:20, 69:2, 69:9, 113:15, 99:1 160:1, 181:12 114:13 75:18, 75:19, 77:6, listening 123:8, logical 79:9 language 132:16 77:7, 83:10, 83:14, Long 44:1, 107-24, 88:18, 89:2, 124:13, 190:3, 201:21, 208:6, large 42:14, 62:9, 126:8, 208:8 109:1, 134:23, 135:2, 80:14, 140:3, 146:15, 124:14, 126:7, 126:8, e 12:23, 49:24, 146:20, 198:3, 212:22 134:8, 154:7, 154:8, Little 1 :i 3, 105:17, 207:20, 233:17, 203:18, 206:9, 155:19, 181:18, larger 39:21, 39:22, 181:21, 182:17, 127:12, 141:7, 146:1, 39:24, 40:5, 127:11, 202:6, 217:24, 219:6, 233:17 187:17 222:9, 222:10, long-range 11:23 32: 223:21, 223:22, 224:19, 211 longer 227:10 LASALLE 236:3 live 234:4 l 234:3, 19:1, 19:23, lasted 172:1 live 38;23, 56:4, look 36:4, 36:14, late 97:6, 207:19 less 10:24, 11:14, 56:13, 8:23, 56:8, 38:13, 39:19, 39:24, Later 34:7, 90:11, 15:5, 45:15, 191:4, 56:12, 66:24, 6:8, 40:1, 40:4, 42:1, 91:20, 195,6, 198:13 ' 197:21 67:9 67:11, , 67:7, 65:19, 69:22, 79:23, Laughter 36:8, 46:20 letter 166:8, 167:23, 67:23, 72:21, 95:13, 80:7, 84:14, 84:17, Laurie 116:5, 116:8 175:16, 211:17, 102:15, 103:24, 86:16, 101:21, 118:1, law 60:7, 117:20, 232:8, 232:8 119:23, 137:21, : 104:24, 105:4, 161:10, 164:13, letter. 16813 114:13, 116:9, 139:22, 140:6, 140:6, 202:16, 217:12 letting 34:16 139:11, 140:1, 140:12, 182:10, lawn 157:16 level 107:6, 121:8, 150:10, 158:23, 192:19, 193:16, Paws 185:13 121:10, 134:11, 188:4, 215:13, 200:14, 204:3, lawyer 108:22, 135:9 225:15, 230;22 216:20 109:24 liability 69:20 License 96:1 236:24 lived 55:8, 103:23 looked 00:7 lead 209:2 lives 19:9, 87:13, 98:13, 200 leading 171:18 lie 106:2 $7:20, 87:21, 118:17 looking 30:15, 37:3, , leads 23:16, 117:18 lied 207:15 202:5, 231:4, 232:6 43:22, 55:15, 63:20, learn 175:16, 215:19 lies 156:16 livestock 158:16, 63:21, 69:23, 94:15, {earned 169:2 life 57:4, 86'1' 110:13, 115:18, 15 114:21, 177: 158:18, 15$:20 least 83:22, 108:24, living 139:10 139:17, 139:17, 152:20, 200:16 light 29:14, 131:3, LLC 164:14, 166:249 145:19, 146:6, 131:4 leave 198:10 168:9, 188:6 147:18, 150:12, leaves 157:16 lightning 227:13 160:18, 217:9 likely 64:14, 131:23, local 53:3, 54:20, looks 49:1 leaving 187:11 y 112:16, 117:1, left 37:16, 61:17, 133:10 122:11, 122:15, lose 56:22, 139:14, 114.3, 157:1, 219:7 limit 120:12 122:18, 134:11, 147:6 legacy 206:10 Limited 125:10, 135:3, 137:15, loses 162:3, 178:16 legally 3:24, 166:21 177:12 142:16, 143:17, lost 24:19 legislative 160:12, limits 10:4, 72:12, 143:21, 143:22, lot 16:6, 30:13, 39:4, 180:23 182:15 55:10, 55:10, 55:11, lend 57:16 line 25:21, 119;20, 162:8, 167:20 __., r-.,,,.r L7onnrtina service (630) 983-0030 253 Yorkville City Council 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, 10720, 120:20, 136:11, meeting. 235:1 171:10, 175:20, 2257 1703, 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, 119:19, 130:17, 16:23, 30:15, 31:13, low 15:3, 233:16 180:16, 182:14,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, mandated 53:18, 145:24, 146:8, 134:15, 164:11, lying 104:1. 106:1, 146:21, 148:8, 153:4. 174:13, 175:4. 198:2, 223:9 135:1 mandates 143:24, 158:23, 209:6, 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, 106:11, 106:16, meaningful 188:21, 217:16 12819, 129:11, 18, 110:2, 179:18, 127:7, 127:11, 106:19, 125:10, 193:18 129:12, 129:12, means 159:14, mentioned 5:23, 129:20, 129:22, 188:20 12:22, 179:18, 130:1, 130:6, 130:15, 129:14, 130:15, meant 34:5, 34:6, 217:21, 217:23 130:19, 131:2, 130:20, 131:5, merely 50:20 131:12, 134:16, 131:18, 133:20, 121:15 Y 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 179:1 101:17, 101:24, message 61:18 132:16 M. 1:8, 236;fi, 236:23 129:1, 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 16:19,3:5, 22:4, 22:10, 16:22, 16:24, 18:1, 115:15, 116:2, 129:8, 203:17 138:17, 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 220:6 185:22 32:21, 54:13, 56:7, mic 186:6 227:18, 228:9 185:19, 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 microphone 7:14, 90:20, 91:8 mass 101:13 179:19, 182:3, material 158:4, 197:11, 206:13, 212:4 maintain 158:16, 206:13, 206:18, middle 86:3, 159:5 231:23 210:15 Maintained 229:5, materialized 175:9, 215:17, 218:11, midst 157:23 nann court Reporting Service (630) 983-0030 254 Yorkville City Council September 26, 2006 mixture 163:2 62:13, 74:15, 74:16, 56:3, 58:7, 70:13, Mike 183:9 74:17, 75:5, 75:8, 70:15, 77:16, 93:3, mile 19:24, 66:9, modern 190:12, 26:18 210:21 76:18, 76:20, 115:4, 102:14, 104:5, 79:4, 2 miles 26:1 67:1, molasses 227:15 124:3, 124:5, 125:21, 114:12, 116:8, Monday 170:7 125:23, 128:12, 126:19, 127:1, 134:8,156:10, 67:11, 86:11, 119:11, money 42:20, 46:1, 139:1, 140:17, 149:2, 150:9, 156:19 145:18, 153:23, 164:12, 168:7, 168:8, MILLER 13:20, 46:3, 46:11, 47:15, 202:15, 205:20, 71:11, 71:15, 81:13, 49:20, 60:11, 122:3, 154:1, 155:11, 96:15, 97:17, 98:9, 122:12, 175:23, 155:13, 222:3, 222:5, 210:12, 20 5:12, 98:18, 99:20, 100:2, 189:23, 196:14, 223:15, 223:17, 203:14, 203:14, 233:23, 234:1 216:24, 217:6, 100:51100:17, moves 192:7 217:13, 217:14 106:21, 128:4, 203:18, 204:12, Naperville 55:7, moving 96:21, P 129:17, 130:3, 130:6, 204:14, 229:241 132:2, 174:6, 177:13 77:23, 103:24, 130:19, 131:14, 230:6 131:19, 132:211 monitor 88:5, 88:10 Mueller 43:4, 43:7, 224:16 188:4, 132:24, 133:141 monitoring 233:5 43:7, 43:24, 44:6, natural 40:20 133:23, 151:8, month 112:22, 47:16, 48:1, 48:6, 103:16 162:18 146:13, 146:19, 134:5, 134:9, 134:10, nature natures 165:165-. 2 million 59:4, 64:19, 170:16 135:23, 136:17, 177:7, 229:19 months 25:6, 25:11, 137:3, 137:10, navigate 109:22 Nay 27:19, 88:14 25:14, 62:3, 62:8, 137:19, 138:14, millions 121:10 139:2, 140:17, 197:7 186:14, 186:14, near 12:4, 55:8, MILLIRON 22:15, Moraine 117:9, 187:22, 188:1, 188:3, 66:12, 215:15 22:17, 22:17, 25:18, 193:10, 202:19, necessarily 197:9, 48:8, 61:4, 61:19, 166:23, 168:7, 219:17 168:11, 169:6, 202:23, 203:11, 69:7, 90:15, 92:16, 219:24, 220:2, 220:5 necessary 15:17, 161:7, 193:24, 169:11, 171:8, 195:11, 195:16, 171:14, 175:2, 175:9, multiple 189:18 97:12, 133:16 21:17, 24:16, 195:21, 197:5, 175:21, 188:6, 189:6, Municipal 41:13,190:6, 204:18, 217:1, 101:10, 10 24:22, 24:24, 25:1, 197:10, 197:15, 8:21,19 109:24, 180:15, 28:18, 35:16, 45:19, 197:20, 198:1, 217: Moraine. 168:5 203:9, 213:10 59:24, 60:4, 60:5, 198:17, 199:6, municipalities 62:23, 70:14, 87:24, 199:16, 233:2 morning 5:24, 6:2, 88:11, 98:7, mind 22:6, 35:20, 26:15 50:12, 108:24, 136:1, 99:6, 113:18, 120:6, 188:20, 190:14, 120:14, 37:18, 51:13, 1D1:4, mother 202:1 120:7, 120:8, 207:6, 221:8, 226:13 motive 24:7, 30:1 Q 204:23 ,municipality 60:8, 121:3 133:17, Mine 21:13, 110:6 motives 23:7, 73:21, 78:9, 167:18, 143:10, 143:11, minimum 177:4 164:23 144:19, 148:18, minute 215:5 move 16:14, 16:15, 2Q2:24, 205:2 149:24, 150:3, 22:9, 28:5, 55;19, myself 1fi5:14, 181:17, minutes 197:21, 167:5, 172:8 163:16, 197:21, 197:22, 61:3, 61:22, 62:23, 186:7, 190:10, 192:4, 223:11 63:2, 70:3, 74:9, 218:7, 225:1, 227:10 misery 85:4 80:1, 80:14, 92:20, needed 180:16 missed 232:1 95:5, 105:9, 110:18, N needs 20:16, 29:22, 123:17, 159:10, naive 24:6 missing 23:11 name 3:22, 9:17, 50:2, 57:14, 73:22, misstating 142:13 moved 16:2, 16:23, 18:24, 87:23, 120:22 mistakes 210:13 Moved 4:17, 4:19, 29.2 31:10 38:22, negatives 153:13 misunderstandings 6:16, 6:18, 8:12, 49:10, 50:23, 55:6, negotiate 190:5, 170:4 8:14, 55:7, 55:14, r,--- r ntirt ReoorflnQ Service (630) 983-0030 255 Yorkville City Council 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, 183:61 115:10, 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, 169:31175:17, 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, 1 03:18, 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, n 1 ew 62 145:3, 24, 161:16, 178:15, 78:1, 88:18, 88:20, 204:19, 217:24 186:24 89:5, 95:6, 99:1, offhand 51:16 230:15 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, officelresearchlindu Next 7:16, 17:12, non-starter 190:21, 167:14, 168:22, strial 129:19 18:17, 19:1, 32:21, 204:15, 204:16 181:21, 184:20. offices 77:22, 61:3, 62:23, 63:2, None 6:13, 30:24, 208:13, 208:14, 104:15, 127:2, 64:6, 70:4, 74:9, 35:11, 46:22, 102:2, 208:22 156:11, 224:15 76:3. 91:18, 105:20, 106:1, 143:3, 201:11, numbers 130:22, official 45:12, 45:13, 123:18, 124:24, 201:24, 215:1, 215:2 196:24, 197:1 170:11, 170:14, 145:4, 153:19, nonetheless 80:18 184:17 170:16, 170:16, nor 162:5, 214:24, officials 36:20, 170:16, 190:8, 199:6,199:6, 230:5 < O > 47:20, 93:12 200:14, 219:12 normal 23:18, 23:19, o'clock 219:10 often 54:22 nice 52:4, 55:17, 25:10, 26:3, 26:3, oath 236:7 oil 19:7 144:23 197:7 obey 136:16 old 52:2, 86:2, 174:7 night 14:6, 16:7, normally 152:3 object 149:10, Once 21:9, 26:15, 32:10, 32:11, 32:16, North 8:5, 12:8, 149:20, 232:16 59:8, 64:4, 64:15, 44:16, 48:9, 48:18, 43:16, 71:20, 76:5, objection 151:11 111:10, 119:1, 56:8, 58:14, 59:2, 77:24, 94:12. 102:17. objections 20:4 122:21, 217:8, :13, 102:20, 108:14, objective 30:4, 36:4 226:21, 227:12 69:8, 70:19, 78 87:12, 105:9, :13, 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 nano r:nurt ReoorUnq Service (630) 983-0030 256 Yorkville City Council September 26, 2006 191:4, 191:9, 192:2, party 169:16, 203:1 ones 62:14, 79:18, ordinances 17: , 204:21 pass 7:14, 12:5, 82:23, 83:3, 137:22 17:24, , 13 3, 1 pain 179:1 51:3, 127:15, 197:7 ongoing 225:7 134:21, 135:3, 135:8, p passed 56:9, 73:22, open 13:10, 13:17, 137:22 pan 30:8 Oswego 181:5 Paper 112:13, 73:23, 149:23, 15:23, 16:16, 82:14, 174:19, 195:18, 91:18, 110:10, 129:6, Oswegoland 109:2 112:16, 113:12, 187:4, 197:6 others 114:18 195:22, 217:17, 181:16, 183:19, past 29:8, 38:5, 193:17, 196:9, otherwise 143:15 219:17 113:7 P58:18, 205:6, 205:7, 225:12 Ottawa 188:4 paragraphs 43:1 fi, 205:8, 215:21 opened 3:17 ought 109:7, 212:21 parcel 3:16, pat 4:6, 5:17, 5:20 operate 51:5 ourselves 189:13, 61:3, 62:23, 63:2, path 39:5 63:3, 65:5, 78:2, operated 17:1, 53:7, 192:1 atrol 86:10, 86:13 outcome 14:4, 162:6 78:16, 81:12, 113:20, p operating 203:7 outside 53:11, 64:9, 123:18, 127:5, 127:9, PATTEN 116:5, 157:13 127:10, 127:11, 116:8, 116:9, 119:7, operation 107:5, 87:24, 108:14, 120:2, 121:5, 123:4 157:13 109:20, 119:18, 157:6, 159:23 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 Eon 73:585 8, P8 24,.38.222150'9 34:14, 36:5, 48:23, overlay 151:23 Pa a 41:19, 82:24, fi8:2, 90:5, 92:4, overly 140:3, 161:23 228:21 pay 85:2 116:12, :5, oversight 212:19 Parish 19:19, 19:22, 83:4, 83:21, , opinions 22:8, overturn 54:15 19:23, 82:15, 82:15, 98:14, 108:7, 108:7, 83:11, 83:15, 83:20, 122:4, 122:9, 140:24, 85:23, 90:3, 219:24 own 3:17, 39:4, 84:3, 88:1 92:2, 190:1, 203:1, 203:10, opponents 165;11, 113:18, 113:23, 203:10, 205:1 192:14 118:22, 149:3, 200:2, 200:2, 201:6, 225:18 201:10, 225:14, Paying 83:21, 88:12, opportunities 203:6, 204:19 118:23 owned 43:13, 43:17 225:15 a ments 204:23 opportunity 89:19, owner 40:2, 203:5, Park 63:11, 63:16, P Y pays 190:13 92:9, 94:2, 116:23, 227:23 109:2. 109:3. 109:5 PC 4:6, 7:18, 74:13, 192:18, 193:17, owners 9:23, 10:5, P arks 57 75:4, 76:5, 125:2, 205:15, 227:2 10:13, 10:20, 23:15, Parkway 12:5, 154:22 23:15, 24:5, 25:3, 80:17, 127:14, opposed 49:21, 127:18, 129:3, 131:9, peace 192:16 110:8 25:20, 26;5, 48:10, penalty 122:4 149:23 opposition 171:4 63:20, 64:1, 68:19, 131:1, 157:7 pending 164:18, option 133:11 101:15 150:1, 152:18, , order 33:21, 47:13, owns 225:19, 227:9, 160:1, 163:7, 163:22 165:6 227.24, 228:1, 228:2, parliamentary penetrating 37:12 86:20, 162:15, parliamentary enta 89:1 Pennsylvania 231:4, 165:19, 177:6, 19B:6 229:11, 231:14 participate 101:16, 232:7 Ordinance 10:18, 169:16, 173:21, per 42:6, 191:19 15:16, 49:15, 49:17, 174:16 percent 201:15 50:6, 73:22, 73:23, �P.M. participation 172:14 percentages 190:16 105:23, 107:18, m• 1.9 particularly 63:1 perception 191:22 107:20, 111:1, 118:2, pace 29:21 particulars 162:13 performance 121:18 130:21, 136:24, Packet 14:1, 14:16 p period 92:11, 92:12, 1fi7:13, 167:14, Page 12:20, 13:2 Parties 37:15,pages 203:18 189:20 119:2 182:20, 189:19, P aid 41:20, 46:22, partner 167:6, permanent 136:20 197:6, 197:6, 197:7, 46:23, 82:23, 146:14, 171:7, 172:8, 202:16 p ermit 54:1, 119:21 , 220:1, 221:13, 231:2 opoo 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, Piano 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, 84:2,91:8, 87:20, 87:21, 94:10, 207:3, 216:12 97:10, 98:5, 98:17, 84:3, 90:7, 94:18, 103:14, pickup 101:9 98:20, 131:17, 132:8, 93:23, 94:6, 973, 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, 167:14, 167:21, 5:15 pit 177:23 124:6, 125:24, 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, laced 179:24 223:18, 229:21, 128:201162:21, 154:23, 155:6, 163:8, p 224:12 places 50:6, 118:20 234:2 1 68:1, 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 225:8 234:24 166:10 petitions 25:22, 121:4, 131:9, 148:12, plowed 158:6 portions 81:5, 119:15, 149:9, 1 63:22 plows 225:8 position 50:17, 78'8' 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, no-n rnurt ReoortinQ Service(630) 983-0030 258 Yorkville City Council September 26, 2006 preferential 24:4, 121:22, 203:7, propose 123:5, 170:18, 173:10, 220:23 134:17, 190:24, 177:22, 179:16, 25:4 226:10 180:4, 211:17 prejudge 161:10, problems 140:15, 203:5 proposed 10:19, positioning 80:24 162:9 rocedure 82:20, 12:7, 53:7, 58:14, positives 153:12 preliminary 62:5, p 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, proceed 13:7, 131:8, 131:22, possible 143:201 152:21 162:4, 167:8 preparation 130:9 169:14, 174:14 132:15, 132: , prepared 13:24, proceeding 178:12, 133:3, 134:13, possibly 134:6, 22:24 132:11, 178:13 150:11, 152:13, , 142:21, 219:5 PROCEEDINGS 1:6, 163:17, 165:8, posts 107:7 139:13 187:13, 189:18 potable 122:8 prerogative 189:3 3:2, 23:11, 117:8, protect 133:17, potential 79:15, prescriptive 229:9 236:11, 236:15 P potential l 79: 1, present 14:9, 24:24, proceeds 177:16 160:11, 178:4 83:8, 83:13, 88:19, produce 52:4, protected 133:1 157:12, 173:17, 229:21 Protection 12:24, 173:19, 178:8, 182:8, 192:20 roduced 14:1 73:12, 99:19, 99:22, 190:17 presentation P potentially 51:4, 206:17, 217:24, productive 11:24 100:15, 136:12, profit 23:6 167:12, 176:2, 66:15, 171:18, 190:9, 221:16 resented 97:19, program 5:24, 5:24 203:22 190:14 163:15 programs 180:17 protections 175:24 pound 191:20 presenting 132:8 progression ression 40:20 prove 60:5, 136:15, POWELL 2:11 power 138:1, 138:2, presupposition prolongation 223:12 192:21 promise 33:11, proved 106:16 138:4, 138:12, 159:4. 69:16 103:2, 176:21, 200:20, proven 54:6 188:21, 193:12, pretty 59:17, 200:22, 200:24, provide 72:4, 72:7 209:20, 209:24, 108:13, 185:21, 233:2 provided 99:22, 210:4, 213:9 185:22, 200:12 168:4 powers 135:17, prevent 158:19, promising 64:10 233:4 proper 63:8, 73:2 provides 168:17 136:5 providing 122:8 practice 202:23 previous 29:5 Properties 11:24, Provision 17:17 previously 186:21, 17:24, 24:8, 29:18, P Prairie 12:5, 80:17, 39:2, 39:22, 39:23, provisions 13:12, 127:14, 129:3, 131:9, 214:18 48:11, 48:16, 137:15 131:10, 149:23, Primarily 98:19 43:10, 624, 62:12, 65:15, P roximity 12:12, 150:1, 152:18, 157:7, primary 173:14, 160:1, 163:7, 163:22 180:13, 188:16 79:20, 84:21, 85,20, 48:21, 67:23, 131:8, 87:6, 96:5, 96:23, 131:21, 163:9, pre-axis#ing 133:7 Principal 223:7 97:7 97:14 97:19, 190:17 pre-kindergarten Prior , 197 156:18, 100:13, published 11:2, 4:10, 5:22 194:9, 197:24 99:17, 99:23, 10:6, 101:22, 115:22, 169:4 prearranged 23:3 privilege PUD 62:4 57:21, 190:2, 190:3 145:12, 145:15, preceding 127;10 Pud"d 147:15 precipitously 177:13 privy-to 220:22 145:21, 182:1,property, 169:8 P u11 101:1 S, 121:16 predominantly probably 114:16, 198:19, 226:6 Pulled 56:15, 63:9 128:14, 129:2 133:10, 165:12, 176:11, 201:23, proposal 12:17, pulling 101:19 preempted 117:1, purchased 17:3, 199:21 207:5, 207:6, 208:9, 68:10, 115:10, 160:5, purc ase 1 7:3, preface 3:15 212:2, 216:12 193:19, 204:17, 205:4, 228:14 purpose 4:6, 7:17, prefer 216:9 problem 59:11, Deoo 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 16:19 943:11 188:15 205:16, 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 260 Yorkville City Council September 26, 2006 109:3, 130:22, Residence 125:8, 173:11, 175:14, 136:19 219:5 regulations 107:2, 173:10, 218:1, 231:3 125:9, 1225:3 restate 75:3 107:7, 119:9, 121:6 representations resident t 144: restroom 88:21 resident 144:13, reimbursed 202:22 193:15 result 225:4 reiterate 65:7 representative 30:1, 144:21 results 185:17, reiterating 206:21 170:6, 196:7 residential 11:15, representatives 11:16, 15:3, 15:4, 217:20 reject 25:22 15:8 17:24, 39:2, retained 164:16 2 relate 221:19 171:8, 151 189;5, 42:10, 64:15, 99:1, retire 144:23 relates 40:5 190:6, 215:1 117:5, retired 140:14, 165:5 represented 32:12, 99:2, 106:16, relationship 140:18, 140:19 relayed 220:18 56:6, 173:15, 219:16 131:13, 131:17, Re resenting 5:15, 139:23, 140:4, 145:7, retirement 63:11 relieve 79:13 p 147:10, 147:13, return 73:13 relocate 133:9 9:10, , 15 12, 149:9, 149:21 returned 88:24 remain 212:7 77:24, 156:12, 192:13, 218:4 residentially 128:22 revenue 52:4, 182:7, remaining 14:22, residents 30:1, 182:8, 191:11 44:7, 95:21 represents 109:4, review 12:19 173:12 30:14, 57:23, 60:13, revisions 220:1 remember 135:19, request 10:14, 61:10, 139:14, 137:24, 174:22 rezone 32:21, 14:10 14:11, 15:5, 139:18, 147:21, 194:1, 194:4, 195:8, 182:6, 186:18, 212:6 129:13 210:24 28:12, 67:22, 78:9, removed 8:8, 19;15 81:6, 81:21, 96:16, resolution 1fi8:21 rezoned 10:23 128:14, resolved 219:7, rezoning 7:22, rendered 117:19 128:13, 32:22, 43:19, 76:10, 140:6, 149:10, 219:15, 219:18 111:10 rent 50:9 res ect 9:19, 10:21, 81:20, , reopening 233:19 163:11, 166:51 p 116:11, 125:6, 166:13, 166:21, 13:11, 16:13, 22:8, 128:13, 128:14, repair 21:16 28:4, 34:11, 83:6, repaired 133:18 167:10, 169:3 84:16, 106:14, 155:3 repairing 233:18 requested 14:24, 167:19, 205:14, rhetorical 93:17 repeated 168:23 15:13, 127:19, 230:3, 232:11, ride 51:10 replaced 133:18 128:19, 128:21, Ridge 141:6 replenish 46:1, 129:20, 130:7, 149:6, 232:12 Rieckert 66:5, 66:8, 47:13, 87:1, 87:2 166:2 respond 151:6, 67:7 7:21, 161:20, 202:18, 66:8, , 68: replenished 47:9, requesting 4:9, 205:21 67:19, 68:9, 68:15, 49:22 33:18, 67:19, 76:9, 205:11, replenishing 50:15 78:15, 125:5, 130:12, responders 121:21 68:24, 214: , p 155:1, 156:23, 225:4 Response 6:9, 6:12, 214:16 Report 1:6, 13:21, requests 128:23, 30:23, 31:22, 65:21 right-of-way 229:9, 13:23, 15:5, 15:16, req 74:11, 123:19, 229:10 81:11, 128:16, 128:23 rigmarole 142:9 required 42: , 123:23, 153:16, 162:17, 164:4 6 q 153:20, 155:20, risk 50:16, 54:21, reported 195:18, 42:23, 46:3, 47:7, 190:19, 213:4, 54:23, 165:21, 196:11, 236:10 226:16 178:11 reported. 3:4 requirement 226:21 233:11 River 12:9, 12:9, Reporter 112:17, requirements 135:1 responsibility 17:20, 71:20 71:21 requires 136:20, 180:14, 184:6, 189:2 58:8, , 218:8, 236:8 responsible 81:4, 206:11, 210:10, reporting 14:4 176:18 160:18 228:11 reports 15:19, 128:3 rescind 75:2 rest 62:19, 93:5, Riverside 116:9 represent 23:5, rescinded 75:8 57:22 1 D2:3, Reserve 58:8 94:23, 115:17, 120:9, 88 2, 173:18, 80'23, 36:6, 143:6, 158:10, 102:20, 108:17, reserved 165:3 norm 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, 146:8, 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 touting 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 262 Yorkville City Council September 26, 2446 setting 55:15 side 12:8, 70:22, 59:17, 63:15, 139:3, Somebody 25:12, 32:17, 43:1, 43:13, Settler 51:24, 59:18, 71:4, 71:5, 71:21, 147:24, 164:18, 105:22, 65:12, 88:1, 85:7 76:16, 149:3, 177:13, 203:3 106:1 122:6, 122:24, seven 68:7, 81:17, 200:9, 212:3, 225:18, six 25:11, 25:14' 184:13, 194:6, 10$:24, 128:7, 22$:4 2$:1, 61:1 fi, 62:3, 227:9, 62:7, 128:12, 146:13, 195:12 196:13, 197:2 sides 200:4, Someone 5:14, 9:9, seventy 195:19 227:24, 231:15 152:19 Several seventy 195: 29:8, significant 172:17, size 133:9, 146:10 16:4, 19:16, 22:11, 191:20 skills 176:19 26:10, 30:20, 41:1, 64:6, 174:19 178:18 skip 168:2, 169:10 55:20, 63:10, 83:20, sill severely 177:12 y skipping 168:1, 83:23, 91:10, 91:22, sewer 95:17, 96:4, similar 29:8 95:7, 102:9, 111:6, 96:11, 96:22, 98:14, simple 49:4, 60:19, 169:9 125:17, 138:17, 101:10 150:6, 153:15, 147:17 slash 186:19 166:4, shaking 172:22 simply 50:17, 91:16, slated 157:7 shall 34:2, 136:21 109:21 Sleepy 95:22, 155:9, 195:1, 200:1, 219:2, 232:24 shape 165:20 single 68:5, 219:22 223:4, 223:8, 230:4, someplace 64:20 share 7:15, 191:15, Sit 36:22, 37:1, 87:9, 230:6 Sometime 233:15 9 8 :17, 183:16 slide 23:22 231:16 24:23, slightly 132:15 sharing 182:8 Sometimes 148:7, Site 24:20, 157:17 36:10 53:6, 56:16, small 56:22, 56:23, Sharon 32:3, 32:5, somewhere 106:15 37:8 105:24, 118:5, 118:5, smaller 1�46:18 soon 161:10, 232:6 SHEELEY 112:8, 157:15, 165:8, Smart 4:6, 5:17, Sorry 28:11, 31:6, 1 67:1 3, 169:7, 178:9, 112.11, 112:11, 5:20, 5:21, 213:23 32:1, 34:6, 74:24, 113:6, 113:9, 114:1 178:9, 178:10, smell 38:3, 123:10, 95:23, 111:9, 125:19, sheet 203:18 178:10, 182:14, melt , :3, 1 134:9, 174:5, 177:3 Sheridan 230:22 184:12, 184:12, smells 158:1 sort 99:183101:21, Sheriff 100:24 184:24, 189:14, 118:20, 123:7 11 192:4, 209:22, 233:5 158:24 sorts 119:3, 143:5 shod 212: short 12:6.1 23:21, sited 36:10, 172:16 smokestacks sound 18:6, 106:20, sites 95:18, 119:17, 130:18 96:16, 215:19 smoking 83:15 106:21, 186:23, Shorthand 236:8, 178:8 187:8, 187:14 23fi:10, 236:13 Siting 49:15, 49:16, so-called 117:12 8:5 50:6, 53:3, 118:2, softly 188:12 south 4:13, , shortly 165:23 166:3, 167:9, 167:10, soil 158:9, 158:9, 12:9, 60:3, 71:21, shot 117:22, 201:13, 167:20, 169:14, 160:13 76:15, 155:8, 156:22, 203:11 sold 43:13 196:5, 223:5, 223:9, Shouldn't 106:22 169:17, 169:17, solicited 26:2 223:9, 223:10, show 10:23, 120:8. 171:19, 176:15, 223:13 120:14, 136:15, 17B:12, 178:13, Solid 45:2, 45:3, 45:6, 45:10, 168:4, southern 17:4, 191:8, 192:1, 232:11, 180:10, 188:21, 168:12, 168:16, 78:24, 82:1 232:12 1 B9:19, 192:10, southwest 4:14, showing 38:5 192:13, 220:1 168:21, 180:18, 78:2 182:13, 184.11, 14:19, 64:11, shown 132:9, sits 36:16, 49:1, 188:14, 213:10, southwesterly 11:19 132:10, 132:14 49:20 218:15, space 50:10 sitting 218:13, shows 14:17, 53:6, g 182:3, 219:3, 220:10 span 215:19 131:15 201:21, 212:3, speaker 26:13, 214:10 solution 162:4, P sic 102:16, 127:23, 26:21, 27:1 186:17 situated 10:1, 159:2 solve , 2:9 B speakers 28:17, sickening 37:17 situation 29:8, solve 122:9 P Deno Court Reporting Service (630) 983-0030 YorWile 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 50:97 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 th rown 115:19 touch 86:22, 219:4 supposition 67:15 testified 5:18, 9:13, THLIROW 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 U > United 1:2, 2:16, 4:8, 223:4, 225:5, 225:10, truth 198:18, 206:15 u/t 76:6, 154:22 4:9, 7:20, 7:22, 7:23, 231:11, 231:17 try 6:4, 59:15, 123:1, ulterior 30:10 48:22, 48:24, 76:8, VALERIE 2:5 143:19, 148:3. ultimate 46:10, 76:9, 76:11, 125:4, Valley 55:8, 55:12, 174:10, 180:7, 135:6 125:6, 125:9, 154:24, 85:7 185:15 ultimately 98:1, 155:2, 155:3 value 110:9, 177:10, trying 16:11, 21:4, 165:2, 175:11, 219:1 units 99:2 178:1, 232:20 21:11, 23:22, 35:8, unanimous 14:6, unless 26:16, 133:8, values 114:23 48:4, 59:14, 66:22, 81:17 182:7, 216:15 variety 157:10 100:21, 118:2, unanimously 128:9 unlike 17:18 Various 17:7, 138:14, 141:1, 181:8, unbelievable 141:8 until 21:15, 26:14, 101:24, 103:8, 189:1, 208:5, 215:19 underground 42:4, 65:14, 82:13, 217:20 tucked 136:9 132:22, 136:22 88:24, 93:22, 101:12, ventures 80:10, Tuesday 89:21, underlying 68:12, 110:23, 122:8. 165:4, 103:1 89:21, 219:12 93:10, 127:7, 128:20, 175:17, 175:18 Verna 114:9, 114:12 turn 20:22, 67:20 229:11 update 78:22 version 166:7 turned 54:12, 60:6, Understand 29:16, upgrade 57:17 versus 45:17, 45:20, Depo Court Reporting Service (630) 983-0030 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, wintwin 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 2 of 5 Each of the experts gave an overview of their background, credentials and experience with landfills. The Mayor then opened the floor to the public for questions. JIM LA PORTA Resident of River's Ed e He said he had learned of a County ordinance that would prohibit a landfill within the City limits. He asked if that ordinance applied, if the landfill applicant was aware of it and if it would be enough to stop the landfill. He also asked how much money might be gained by the applicant and how much money had been invested thus far. He asked what kind of controls would be in place for the air pollution/gases in view of the scheduled growth for the southern area of the City and if the landfill company does their own monitoring. He also inquired about fiberglass fibers, what prevents garbage from getting into the air and what safeguards are in place for asthmatics and those with chronic diseases. Response from Mr. Beal and Mr. Schilling: There is such an ordinance that the applicant must deal with. The amount of money to be gained is not known. Landfills are required to have air-monitoring systems in places due to the methane, carbon dioxide and hydrogen sulfide that would be produced. These gases could eventually be funneled into a gas collection system and then flared or used for electricity generation. The air quality is monitored by the landfill operator and is done quarterly with reports made to the IEPA. The garbage is covered at the end of each day. It was suggested that written comments be entered into the official documents. RON NEMCHAUSKY He thanked the Council for inviting the speakers and asked if the landfill is a"done deal". He asked if a referendum was a possibility. Mr.Nemchausky said garbage from Chicago is currently trucked down I-55 with some of it flying off the trucks. He also asked how groundwater runoff is prevented from running off the garbage. He inquired about the height of the proposed landfill since he said some landfills near Springfield are 500 feet high. Traffic will be a critical issue as development occurs and he asked if an impact study would be done. He also wondered where the money would come from for road improvements and building. Response from Mayor and Attorney Wyeth: They stated this is not a done deal,but if the County made the land available for a landfill, it could be sited. It will not be on a referendum, but opinions may be voiced to the Council. A clay and plastic barrier is installed for groundwater runoff and a leachate collection system(stone &pipe system) is placed over the barrier to draw out the liquid that is then treated. The height depends on many factors and it was suggested this comment be placed in the official record. The official process will end within 180 days of December 1S, and the decision will be made at that time. Attorney Wyeth summarized the timeline of the process: UKAFT MINUTES OF SPECIAL CITY COUNCIL MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE LARGE INSTRUCTION ROOM OF THE YORKVILLE HIGH SCHOOL 797 GAME FARM ROAD MONDAY, NOVEMBER 13, 2006 The meeting was called to order at 7pm by Mayor Art Prochaska and he asked all to join him in the Pledge of Allegiance. ROLL CALL Roll was called and a quorum was established: Ward I James Absent Leslie Present Ward II Burd Absent Wolfer Absent Ward III Munns Absent Bock Present Ward IV Besco Present Spears Present Present from the City were: Acting City Administrator John Crois,Assistant City Administrator Bart Olson, City Attorney Wyeth, Glory Spies See also guest lists attached and experts listed below. Presentation: 1. Presentation by City Experts on Solid Waste Siting Process, Questions from City Council and Public The Mayor said he would allow the experts to give their presentations,then the floor would be opened for questions or comments. Derke Price, Attorney Mr. Price said he had received a courtesy copy of the notice regarding the landfill and was informed that the application will be filed on December I". He introduced three other experts and asked them to state their role in the review of the application. He explained that citizens can and are encouraged to place comments in the official record. The three experts were: • Mr. C. Brooke Beal, Executive Director of Solid Waste Agency of Northern Cook County • Dr. Craig Benson, Professor, University of Wisconsin • Mr. Steven Schilling, Professional Engineer, State of Illinois Page 3 of 5 1. Process begins with the filing of the application and there is a 90-day period in which it can be reviewed. Questions can be submitted and the hearing will begin approximately February. 2. Hearings are conducted with a Hearing Officer and formal/expert testimony is allowed as well as cross examination 3. Citizens are allowed to make written comments (this will occur approximately February/March The traffic issue will be addressed. MARCIA LUDWIKOWSIU County Resident She was concerned that not many people were in attendance at this meeting and asked if the Council was aware that another meeting was taking place on this night. She was also concerned that some Council members were absent. Response from Mayor and Attorney Wyeth: This meeting was publicized in The Record 2 weeks ago, but an additional meeting might be conducted. JO ANN GILBERT Ms. Gilbert asked about the fate of Hollenback Creek since it runs through the middle of the proposed landfill property. Response from Mr. Schilling: The City has retained a stormwater company to review the plan. A federal permit will be necessary and requires that any discharge must meet federal guidelines. He suggested that she add a comment to the official record. DEENA SCHROEDER lives near High Point Rd. She asked if the land is suitable for a landfill and how deep do the experts look at the soil. She also asked who does the soil testing—the applicant or the experts. Response from Dr. Benson: Fine-grained materials and clay are looked for and the material near the potable water supply is examined. The depth of analysis is determined by the groundwater resources. He has examined the soil at the site and said that the landfill owner will hire a technical firm bound by a code of ethics to perform several analyses. MR. KIM AIKEN lives on south side He asked if the liners ever leak and can they be guaranteed? If it cannot be guaranteed, how can these risks be thrust on the citizens in this pristine area and that the leakage will find its way into the potable water. Response from Dr. Benson: He said engineers operate on the assumption that liners will leak due to liner defects. Risks must be reduced to the lowest acceptable level Page 4 of 5 possible. He said the risk of contamination is very small. Dr. Benson added that all landfills are equipped with detection systems and operated according to State regulations. TOM FITZGERALD He asked how critical the landfill owner is to the process. Alderwoman Spears asked how a new operator is checked. Response from Mr. Schilling and Mr. Beal: The landfill owner is very critical under criterion#2. The owner will be scrutinized for past operations, qualifications and present proposed operation. There is also a state licensing procedure. JO ANN GILBERT Ms. Gilbert stated that one company currently owns the land, another applied for the landfill and she asked if a third party will operate the landfill. Response from Mayor: It is not known at this time. Alderman Besco asked if there was a public venue for citizens to review operators' performance. The Illinois Pollution Control Board has a website providing such information. Alderman Leslie inquired if the experts on the panel would make recommendations at the end of the process. He also asked Mr. Schilling how many landfills had failed of the 7 sitings in which Mr. Schilling had participated. A 50% failure rate was noted. Schilling said the experts' role it to provide information to the City Council. An expert opinion will be given regarding this application. JIM LA PORTA Mr. LaPorta asked for a better understanding of the role/affiliations of the experts in relationship to the parties involved in the landfill. Reponse from Mr. Beal,Dr. Benson and Mr. Schilling: The three experts briefly discussed the ethics involved in this type of process. MARCIA LUDWIKOWSKI She asked if any Council members had a personal relationship with Don Hamman. Response from Attorney Wyeth: He asked her to contact him if she had information pertinent to the process. Page 5 of 5 DEVIN MOOSE, Director of Shaw Environmental Mr. Moose said he was present on behalf of the applicant and that he is the Chief Engineer. He said it was his understanding that the final decision must be made on the evidence in the record and that Council members are not allowed to conduct their own research. City Attorney Wyeth confirmed this information. TOM FITZGERALD He asked if any of the experts lived close to a landfill. Response from Dr. Benson & Mr. Schilling: Dr. Benson said he lived one mile from a landfill and had encountered no problems with smells or traffic. Mr. Schilling said he lives five miles from a closed landfill and had no negative experiences. Ms. Spears asked for clarification whether it was permissible for Aldermen to access websites for information on the landfill operator. Mr. Price offered the following advice. He said the website can be accessed, however,the Council decision must be made based on the official "record". Published opinions of the State are also allowed. Price also cautioned that the Council members should remain neutral about this decision until all evidence is in. He encouraged the public to contribute evidence. Mayor Prochaska thanked all those attending and said that another meeting may be held due to the light turnout. Mr. Price stated that after the application is filed December 1 st, a meeting will be held with Council members present. At this time the participant forms will be introduced to the public, the hearing officer will be present, the website will be discussed and other information will be provided. He said the application will also be delivered to each Council member. There were no further questions and Aldermen Leslie and Bock moved and seconded respectively, to adjourn the meeting. Meeting adjourned at 8:15pm on a voice vote. Minutes by Marlys Young, Minute Taker RADON RADON-RESISTANT SYSTEMS FOR NEW RESIDENTIAL CONSTRUCTION This informational handout has been compiled by the Department of Building Safety and is a result of the department's OAr TRACK PROGRAM. This program is intended to help contractors and the general public understand the guidelines and requirements for obtaining a building permit for radon systems. Frequently asked questions How can I learn more about Radon? The United States Environmental Protection Agency(EPA) Indoor Environments has more information on line at www.eva.gov/lag. Other sources of information include the Illinois Department of Nuclear Safety at www.state.il.us/idns or 800/325-1245, or your county Health Department. Does the passive radon reduction system installed in a home reduce indoor radon levels? Passive radon reduction systems installed in new construction are not acknowledged mitigation systems however they will reduce radon levels. Reduction below the US EPA's action level of 4.0 picocuries per liter, (pc/1) of air may or may not occur. To be sure,test your home for radon. Why do I need to install the passive radon reduction system? Preserving health benefits and saving money are two important reasons. A passive system can reduce indoor radon concentration, but if the installed system fails to reduce Radon concentrations below 4.0 pc/l changing the system over to a mechanically active mitigation system is abundantly more cost effective. With a correctly installed passive system in place, design and mitigation costs are greatly reduced. If you prefer, the simpler active system may be installed during constructions and provide active mitigation. The active system does not require sealing of all openings, gaps, etc. WHAT IS RADON Radon is a naturally occurring radioactive gas known as RN-222 on the periodic table. It comes from uranium and radium in soils, which can be found everywhere in the U.S. Uranium is present in rocks such as granite, shale, phosphate and pitchblende. Natural deposits of uranium, not manmade sources, produce most of the radon present in the air. Uranium breaks down into radium which then decays into radon. This gas can easily move up through the soil into the atmosphere. It can also move up through the soil into buildings, entering through: 0 Cracks in solid floors 0 Construction joints ® Cracks in walls 0 Gaps in suspended floors ® Cavities inside walls 0 Gaps around service pipes 0 Water from private wells The hatemational Residential Code for One and Two Family Dwellings (IRC), published by the International Code Council uses this definition of radon gas: "A naturally occurring, chemically inert,radioactive gas that is not detectable by human senses. As a gas, it can move readily through particles of soil and rock and can accumulate under the slabs and foundations of homes where it can easily enter into the living space through construction cracks and openings." Radon is estimated to cause between 21,000-24,000 lung cancer deaths per year, according to the National Academy of Sciences. Radon is the second-leading cause of lung cancer after smoking. RADON-RESISTANT SYSTEMS FOR HOMES Homes can be constructed in ways that avoid much of the entry of radon. There are two general types of radon-control systems for homes: the passive system and the active system. A passive stack system has tow main purposes: 1) to reduce indoor concentrations of radon by blocking radon entry points, and using the natural thermal upward movement in a vent pipe stack to slightly depressurize the area under the slab or crawl space vapor barrier in order to resist the entry of radon gas. 2)To provide a rough-in for an active radon control system. RADON REDUCTION • Because radon systems are far more simple and inexpensive to install during the constructions phase, the EPA is encouraging building professionals to routinely include a Passive Radon Reduction System as a basic new-home feature. • The National Association of Home Builders already recommends Passive Radon Reduction Systems in our area. • A healthful side effect of an activated Radon Reduction System is that they improve overall air quality and help reduce: • Humidity in the basement • Molds • Dust from crawlspaces • Odors • Soil gases t:, APPENDIX F RADON CONTROL METHODS : SECTION F101 2. A uniform layer of sand (native or Fill), a minimum Of SCOPE 4 inches(1 02 n-irn)thick,overlain by a layer or strips of geotextile drainage matting designed to allow the lateral endix contains requirements for new a p construction in flow of soil gases. ,. jurisdictions where radon-resistant construction i, required cl in Other materials. systems or floor designs with demon- '' ' T3b1e301.2a• strated capability to permit depressurization across the entire sub-floor area. SECTION F102 F103.2 Ground cover. A minimum 6-mil (0.15 mm) [or 3-mil .;,. DEFINITIONS (0.075 mm) cross-laminated] polyethylene or equivalent flex- ",�'t*« ' ible sheeting material shall be placed on top of the gas-perme- For the purpose of these requirements, the terms used shall he able layer prior to casting the slab or lac.in the fluor assembly ;s P te ' i Y p g P" F Y defined as Follows: to serve us a soil-gas-retarder by bridging any cracks that develop in the slab or floor assembly and to prevent concrete SUB-SLAB DEPR[SSURIZATION SYSTEM (Passive).A from entering the voids Ices in the a re r ate basematerial.The . y system designed to achieve lower sub-slab air pressure relative sheeting shall cover the entirenoorarea with separate Sections of r to indoor air pressure by use of a vent pipe routed through the sheeting lapped at least 12 inches(305 mm).The sheeting shall ., conditioned space of abuilding and connecting thesub-slur area tit closely around any pipe, wire or other penetrations of the ,x wi[h outdoor air, thereby relying on the convective now ul air material.All punctures or tears in the material shall be sealed or tr. upward in the vent to draw air from beneath the slab. covered with additional sheeting. SUB-SLAB DEPRESSURIZATION SYSTEM (Active). A F103.3 Entry routes. Potential radon entry routes shall be system designed to achieve lower sub-slab air pressure relative to indoor air pressure by use of a fan-powered vent drawing air Closed in accordance with Sections Ff03.3.f through F[03.3.10. from beneath the slab. F1033.1 F'loo'r openings.Openings around bathtubs,showers, DRAIN TILE LOUR A continuous length of drain tile or per- water closets, pipes, wires or other objects that penetr►te con- = "r forated pipe extending around all or part of the internal or exter- Crete Blahs or other floor assemblies shall be tilted with a pnly- `V Y'•'�''� urethane caulk or equivalent sealant applied in accordance with nal perimeter of a basement or crawl space footing. the manufacturer's recommendations. SOIL-GAS-RETARDER. A continuous membrane of 6-mil s_:• 1711033? Concrete joints. All control joints, isolation joints, Y� d or other equivalent material use to ;w (0.15 mm) polyethylene q construction joints and any other joints in concrete Blahs or retard the now of soil gases into a building. between slabs and Foundation walls shall be sealed with a caulk SUIT-14IIs'MBRANIi; DEPRESSURIZATION SYSTEM. A or sealant.Gaps and joints shall be cleared of loose material and system designed to achieve lower-sub-membrane air pressure filled with polyurethane caulk or other elastomeric sealant relative to crawl space air pressure by use ol'a vent drawing air applied in accordance with the manufacturer's recamuien�la- :� from beneath the soil-gas-retarder membrane. [ions. F1033.3 Condensate drains. Condensate drains shall be trapped or routed through nonperForated pipe to daylight. : SECTION F103 ?- r= F103.3.4 Sumps.Sump pits open to soil or serving as the ter- ; t REQUIREMENTS "•' mination point for sub-slab or exterior drain the loops shall be ~'- The following construction techniques are intended to resist covered with a gasketed or otherwise settled lid.Sumps used as radonentry andpreparethebuildingforpost-constructionrac[on the suction point in a sub-slab depressurization system shall mitigation,if necessary.These techniques are required in areas have a-lid designed to accommodate the vent pipe.Sumps used xa S< where designated by the jurisdiction in Table 301 2a• as a Floor drain shalt have a lid equipped with a trapped inlet. `"•'j'r '•` F1113.1 Sublloor preparation.A layer of gas-permeable mate- F103.3.5 Foundation rralls.l follow block masonry foundation vial shall be laced under all concrete slabs an other moors s- =r�. p Y walls shall be constructed with either a continuous course of terns that directly canlaet the ground and are within the walls of colic! ntasonry,one course of masonry grouted solid,or a solid the livingspacesol'the huiltfing,l0 C:tcilit:utc (afore inxlallalicttf concrete beam at or above linished ground surface to prevent 're ace.sa -pcun lirnccdcd.Thc p; :gofasub-slabdeprc surizttinnsystem, able layer shall consist or nnc of[lac rulEutvin��: 1Vltcru a brick veneer or utltier masonry ledge is installcc, tic 1. A uniform layer of cicun aggregate, a uui►timunl of course immediately below that ledge shall be sealed. Joints, 4 inches(102 mm)thick.The aggregale shall consist or cracks or other openinas around all penetrations of boil exterior material that will pass through a 3-inch (51 rum) sieve and interiorsurl':acesofmasonryblockorwoodfutuuiationw:ills and E+e retained by a th-inrlti(6.1 mm) si<<e. below the gruttncl surrace,hall be lilted will,polyttrrthane caulk .^••�f�� .` 329 ONE AND TWO FAMILY DWELLING CODE OF concr or equivalent sealant. Penetration.% ete Walls shall be F103.5.1 Vent pipe. A minimum 3-inch-diameter (76 ram) filled. A BS,11 V C or CLIL i va len I gas-ti gl I pi pe sha I I be en ibcddcd iz%i- tally into the sub-slab aggregate or ot her perncable naLcriL F103.3.6 Danipproofing.The exterior surfaces or pwions of before the slab is cast.A"T"fitting or equivalent method shill concrete and masonry block walls below the ground surface Used to ensure that the pipe opening remains within the sub•�_5 with Section 406 of this permeable material.Alternatively,the 3-inch(76 nini)pipe J-.0 shall be dainpproofed in accordance be inserted directly into an interior perimeter(train the lw?or code. LhrUUoli a sealed sump cover where the sump is cxrm)%cd w ttt -liandling units. Air-handling units in crawl & -a drainacc F103.3.7 Air sub slab aggregate or connected to it through spaces shall be sealed to prevent air from being drawn into the The pipe shall be extended up through the building flkAM,.1c- unit. minateat least 12 inches(305 mm)above the surface of the recd. ' . Exception:Units with gaskcicd scams or units that are other- in a location at least 10 feet(3048 mm)away from any wimbW the buildiq 0111 wise sealed by the manufacturer to prevent leakage. or officropening into the conditioned spaces or f� F103.3.8 Ducts. Ductwork passing through a crawl space or is less than 2 feet(6l0 mm)below the exhaust point,anal!0 W ry (3048 mm) from any window or other opening in adjuin,r.- beneath a slab shall be of seamless material unless the air adjacent buildings. • handling systen, is designed to numllaill continuous positive t pressure within such ducting. Joints in such ductwork shall be F103.5.2 Multiple vent pipes.In buildings where interior foct- the sub-slab aggregate of OtIz sealed to prevent air leakage. ings or other barriers separate lk7 Openings around all penetrations gas-permeable material,each area shall be fitted with an indiv",- F1033.9 Crawl space[lours.Openi le vent that ual vent pipe.Vent pipes shall connect to asing through floors above crawl spaces shall be caulked or otherwise nateg above the roof or each individual vent pipe~hall term'zi k,, filled to prevent air leakage. separately above the roof. F1033.10 Crawl space access.Access doors and other open- pipe e.All components of tile Mbfl V r penetrations between basements and adjoining crawl F103.6 Vent p drainag&) ings 0 d Pasketedorothcrwise filledtoprevent air pipe system shall be installed to provide positive drainage to" spaces shall be close ground beneath the slab or soil-gas-retarder, leakage. system. In Y.Radon vent pipessliall bexetv F103A Passive sub-membrane depressurization F103.7 Vent pipe accessibilit buildings with crawl space foundations, the following compo- sible for future fan installation through an attic or Dthcra=W nents of a passive sub-membrane depressurization system shall side the habitable space. be installed during construction. not be accessibic'-. Exception:The radon vent pipe need an approved mechanical Exception: Buildings in which attic space where an approved roof-top electrical sul,i crawl space ventilation system or other equivalent system is cra provided for future use. installed. d and visible shall be provided with vents F103.3 Vent pipe identification.All expoSc F103.4.1 Ventilation.Crawl spaces minimum net area of rior radon vent pipes shall be identified with at ica,.t one labc'-.-O t '-tt;" to the exterior of the building.The m tics.The label shall read:"L�klt Lion openings shall comply with Section 409.1 of this code. each floor and inaccessible at Reduction System." F103.4.2 Ground cover.The soil in crawl spaces shall be cov- ered with a continuous layer of minimum 6-mil(0.15 mm)Poly- F103.9 Combination foundations. Combination b ethylene ground cover.The ground cover shall be lapped a mini- crawl space or stab-on-grade/crawl space foundations shall 1v+r mum of 12 inches (305 mm) at joints and shall r extend to all separate radon vent pipes installed in each type of roundalk"' foundation walls enclosing the crawl space area. area.Each radon vent pipe shall terminate above the roof of be connected to a single vent that terminates above ilic roof. F103.4.3 Vent pipe.A plumbing tee or other approved connec- tion shall be inserted horizontally beneath the shecLing.and con- F103.10 Building depressurization.Joints in air duets wvl netted to a3-or4-inch-diarneLer(76 mm or 102 mm)fitting with nunis in unconditioned spaces shall meet the rcquiremcnz The vent pipe u -.lcna a vertical vent pipe installed through the sheeting Section 1901. Thermal envelope air infiltration rCq ir-.m-r shall be extended up through the building floors, terminate at om, shall comply with the energy conservation provisions :.%F. least 12 inches (305 mm) above the roof in a location at least dix E. Firestopping shall meet the requirements conlaw"4, y window or other opening into 10 feet(3048 mm)away from an i Section 602.7. l the conditioned spaces of the building that is less than 2 feet(6 10 mm)below the exhaust point,and 10 feet(3048 mm) from any 1;103.11 Power source.To provide for future installation 0' window or other opening in adjoining or adjacent buildings. active sub-mernbrane or sub-slab depressurization sy%:zn-. It electrical circuit terminated in an approved box shall be irisl;iliol F103.5 Passive sub-stab depressurization system. In base Lructioll in the attic or other anticipated Imatim CU merit or slab-on-grade buildings,the following components of a during coils vent pipe fans. An electrical supply shall also he 3ccesillic ystem shall be installed dur- '- passive sub-slab depressurization S constructialarms.anticipated locations of system failure alarms. ing 330 BUILDING PLANNING SECTION 316 317.2 Specific requirements.The following requirements shall �` s•.'�r SMOKE DETECTORS apply to all uses of foam plastic unless specifically approved in accordance with Section 317.3 or by other sections of the code. ` *a detectors required. Smoke detectors shall be 317.2.1 Masonry or concrete construction.Foam plastics may ieaeh sleeping room,outside of each separate sleep- be used without the thermal harrier described in Section 317.1 :::c immcdiate vicinity of the bedrooms and on each when the foam plastic is protected by a minimum 1-inch (25 star;of the dwelling,including basements and cellars mm)thickness of masonry or concrete. ,— =1 crawl spaces and uninhabitable attics.In dwell- :` -w .15—units with split levels,asmoke detector need be 317.2.2 Roofing. oam plastic may he used in aroof-covering �* '' j ,t +, p g' P riyoa the upper level,provided the lower level is less assembly without the thermal barrierwhen the foam is separated � - slistar;.Lclow the upper level,except that if there is a from the interior of the building by plywood or wood structural levels,then adetectoris required on each level.All panel sheathing in accordance with Section 803, not less than x=11 be interconnected such that the actuation of one 1513, inch(12 mm) in thickness bonded with exterior glue and Iactuate all the alarms in the individual unit and shall identified as Exposure 1, with edge su orterl b blockin or Q alarm which will be audible in all sleeping areas.All tongue-and-groove}o'ints.The smoke-developed rating shall not *gall be approved and listed and shall be installed in be limited. ' :;, :�=.h the manufacturer's instructions. .,° 317.2.3 Attics. Within an attic accessible by means of a fixed : { , +' repairs and additions.When alterations, stairway, foam plastics shall be protected against ignition by ; rte. :1:cra.rons, p I1/2-inch-thick(38 mm)mineral fiber insulation, /.t-inch-thick ;additions requiring a permit occur, or when one or (6.4 mm) wood structural panels, 318-inch (9.5 mm) particle- King are added or created in existing dwellings, board, 1/4-inch(6.4 mm)hardboard,3/s-inch(9.5 mm)gypsum g'v' rovided with smoke detectors e but shall be p metal s r�uired for new dwellings; the smoke detectors are wallboard orcorrosion-resistant steel having abase thick ness of 0.016 inch(0.406 mm). :d to he interconnected unless other remodeling can- .:d removal of the appropriate wail and ceiling 317.2.4 Foam-filled doors.Foam-filled doors are exempt from nnected wiring. the requirements of Section 317.1. f.;ciiitate concealed interco 1Ker source. Required smoke detectors shall receive 317.2.5 Siding backer board.Foam plastic board of not more _ than th-inch(12.7 mm)thickness may be used as siding backer;.rte r�ty power from the building wiring when such wiring =tram aoommercial source,and when primary power is board when separated from interior spaces by not less than , a all receive ower From a battery.Wiring shall be 2 all (5 f mm) of mineral fiber insulation or II-)-inch (12.7 p mm)gypsum wallboard or installed over existing exterior wall ' viand without a disconnecting switch other than those g,providing plastic for overcurrent protection. Smoke detectors may be finish 1n conjunction with re-sidle rhan 2, the lastic board ° atcd when installed in buildings without commercial does not have a potential heat of more than 2,00013 to per square to (2?720 U/m2)when tested in accordance with NFPA 259. ¢ 317.2.6 Interior trim. Foam plastic trim defined as picture ' molds, chair rails, baseboards, handrails, ceiling beams, door T' trim and window trim may be installed,provided. t 1. The minimum density is 20 pounds per cubic foot(3.14 SECTION 317 kNlm3), FOAM PLASTIC 2• The maximum thickness of the trim is 112 inch(12.7 mm) and the maximum width is 4 inches(102 mm), ;�aeral.The provisions of this section shall govern the 3 The trim constitutes no more than 10 percent of the area r,e.s and uses of foam plastic insulation. of any wall or ceiling, and . �..,. •�=°�� 4. The flame-spread rating does not exceed 75 when tested :Surface burning characteristics.Except where other- p ,f��,.• � The rating is not lim- in Section 317 2, all foam plastic or foam plastic per ASTM E$4.Te smo ,manufactured assemblies used in building construction 's;•� .�. .a've a flame-spread rating of not more than 75 and shall 317 3 Specific approval.Plastic foam not meeting the require- s6kc-developed rating of not more than 450 when tested menu of Sections 317.1 and 317.2 may be specifically approved -sximum thickness intended For use in accordance with on thebasis of approved tests such as,but not limited to,a tunnel t &l- test in accordance with ASTIvi E 84,Fhi 4880,UL 1040,ASTM ; E 152,or UL 1715,or fire tests related to actual end-use configu- 2 jiserrrtal barrier.Foam plastic,except where otherwise rations. The specific approval may be based on the end use, l beseparated from the interior of a building by m q uantY, location and d similar considerations where such tests stil :jam•'_`'�a���c. 'j.,Imh(12.7 mm)gypsum wallboard.The gypsum heard would not he applicable or practical. :;�>�.f Kra�_..t.�^,• installed using a mechanical fastening system in accord- +it h Section 7x2.3.5.Reliance on adhesives to ensure the 317.4 Interior finish. Foam plastics which are used as interior ,.I wallboard will remain in place when exposed to fire finish shall also meet the flame-spread requirements For interior . finish. :;rohibited. -r; -Y 21 pASS VE SlE-SLAB DEPRESSUOZAMN RADON EMAAUST (%r'FROIJ OPENOMM bffO CONTROLS TEU FOR NEW CDKSTR[)CT10N rX:aTaDrED SPACES CF BuLCsG 17-I m. ABOVE RC CF NOTES L ALL ATE s/ffi THAT CAE P1 C]OMTA>r7 WRH THE CROL1O SHALL FLA9�IG 1£ LAC OVER A CAS PER&CA&E MATERIAL UADE LP OF 07KR A .A f 4- THICX UWCRW LATER CF CLEM ACCRECATE,OR A LN&M.1 l 4- THM LWCFW LATER OF SANG. O ERLAM ST A LATER OR STRIPS OF ""ACTURED uATTpc OESZ;WD TO At-LOW THE LATERAL FLOW OF SOIL CASH 2_ ALL CITE FLOOR SLABS SKALL BE OESCtiED AND CONSTRUCTED IN ACCOMAMM VITH LOCAL 8UtZlNG CODES ADDITIONAL REFS= AIXF1[m COI4CRETE INSTITUTE P L8-JCATQLS.-ACL7a•Z.P- & -ACL332R OR THE POST TVtX* NC P TITUTE 11AFl1AL ZE9�r ANO CONSTRIXTDON OF POST-TEN S ONED SLABS ON G LNr. .L ALL OpE}poCS,CAPS AND JONTS N FLOOR ASO VA L ASSE38>E5 N �ROOF BRACT CONTACT SOL OR CAP'S ARMIND P`°E56 TCLETS.8An LBS OR DRAr6 PENETRATING THESE ASSE18F5 94ALL EE Fill ED OA CL® WITH uATERXS THAT PROVIDE A PERMANENT AR-TCHT SEAL SEAL ATTIC LARCH OPEMM CS WITH N ON-SHRIW IIOZTAR,GOUTS OR E71PA CDC FOAm UATERIALS AND Su&LER CAPS WITH Ail ELASTCUM JOINT SEALANT,AS CEFrED IN ASTIJ C920-87. f4, vEN f PIPES SHALL BE INSTALLED SO THAT ANY RM WATER OR CON ENSAnom DRAPS DOWNWARD NTO THE GROLPO S?EAIN THE SLAB OR SCiL-GAS-RETARDER IrEWMAi E- s r ' ��-d. f JOIST i L , UYTNG AREA LL INTER)OR PARTITION FLOORING I I JOIST 9 JPPQRT STRAPPING 1 CAP BLOOD OR OTHER SEAL ON HOLLOW SLOOC WXLS (f VC C OIA VENT PPE (P OR EOUvALENT1 WATERPROOF SEA-WT T APPLIED .y TO EXTER)OR WALLS - SOL-GAS-RETARDER LEfERANC CAN- 6-UL SLAB;NOTE 2 GCE POLYETHYLENE S EE714C OR lEVF1 EOUVALENT): OVERLAP 5EA�6 t2' h/iL �N 4- THIQC IATEr OF CAS PERmEAaE SEA- AROLM PE?ETRAT10t&MOTE 3 gpL WATERIAL:NOTE I it �—PVc T-FITTING (OR EcuwfLE.'- TO SUPPORT vElu t Po E Typical Sealed Sump Pump with Radon. 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O o d`C d r� rrDD o O fl ro C fCD rt rt rD Iv rD �r ` ?� C `� Cp n p ,nt 'C1 �' ,. d a �.^C rn Q a. °, n n rD O O O ¢ rD , A -� o . o rD o n O �*x cn y CD G CIa r G W d rD 11 CD w ,T rD rD n (�* ,�rD Q, rD � �- r7 rD o � m y " d o �. O _ y R' -- G. W rD p a m C fCD i p Q. G ¢' d r" O C rn� o Q- v, d �- O CD CD P rD cn m cm �. LC Q rt Z. CSR rD Illinois Emergency Management Agency (IEMA)- Division of Nuclear Safety Radon Program Guide to Radon Mitigation Your radon concentration is at or above the USEPA action level of 4 picocuries per liter (pG/L). What is next? ♦ Contact a mitigation professional licensed by IEMA-Division of Nuclear Safety to reduce the radon levels in your home. Request two or three price estimates from licensed mitigation professionals. The cost of a radon reduction system generally ranges from$800 to$1200, depending on characteristics of the house and choice of radon reduction methods. Talk to your mitigator and be sure you understand the mitigation design. Residents of a dwelling may install a mitigation system in their own dwelling;however,without proper equipment or technical knowledge,you could actually increase your radon level or create other potential hazards. IEMA-Division of Nuclear Safety Assures Consumer Protection +► IEMA-Division of Nuclear Safety-licensed mitigation professionals have passed a radon qualification course and exam. ♦ IEMA-Division of Nuclear Safety-licensed radon professionals work to a Quality Assurance Program ^ - approved by the agency. IEMA-Division of Nuclear Safety performs performance audits on a regular basis to evaluate indvidual professional compliance. `?CFp�R1 q RA Mitigation Systems Reduce Radon By: ♦ Collecting radon prior to entry into the building and discharging it to a safe location. ♦ Modifying building pressure differentials. ♦ Diluting radon concentrations with increased ventilation. F*►sr FLMr. Mitigation Systems In Illinois Must Include: Fri QL • Effective radon reduction ♦ A primary suction point • Unobtrusive and permanent installation independant of the sump pit • Quiet operation Sump covers with • Energy efficient operation and maintenance observation ports • A system function indicator Exhaust above the highest eave Sub-Slab Depressurization (SSD) Sub-Slab Depressurization Active Sub-slab depressurization uses a fan to draw radon from beneath the house. SSD systems collect radon prior to entry and exhaust it to a safe location above the highest eave. Sub-Membrane Depressurization (SMD) SMD is performed in crawl spaces and areas that are directly in, � WON R° ITA140 contact with rock or soil. Suction is created: R-DA A.n�Jr-�r�SYSTEM Under a specified polyethylene or equivalent flexible t material(plastic sheet)permanently installed over exposed t' 't soil or rock.♦ By a fan drawing radon from beneath the plastic sheet Sub-Membrane Depressurization and exhausting the radon outdoors above the highest eave. Sub-Membrane Depressurization Rev. 3 9/24/03 (IEMA-017) Discharging Above The Highest Eave Discharge above the highest eave ensures dilution of exhaust to the outdoor air and minimizes re-entry into the house and exposure to persons in the yard and neighboring areas. To ensure public health and safety,IEMA-Divsion of Nuclear Safety requires that the point of discharge be located: Above the highest eave of the roof; ♦ 10 feet from any window,door or other opening(into the As close to the roof ridge line as possible; building)that is less than 2 feet below the exhaust point; 10 feet or more from any opening to an adjacent building Sealing Sealing enhances radon reduction techniques,because reducing the loss of conditioned air increases radon reduction system effectiveness and cost efficiency. Al IEMA-Division of Nuclear Safety does not recommend the use of sealing alone to reduce t radon concentrations. Sealing alone has not been shown to Iower radon levels significantly or l` "kw consistently. New Construction Systems MMK Since 1995,radon control methods have been part of the International Code Council, Inc. (ICCI) ` "One and Two Family Dwelling Code." Several Illinois municipalities have adopted variations of the ICCI code requiring the installation of radon control methods in newly constructed residences. These methods are known as passive and skeletal new construction systems. They may or may not reduce radon concentrations in homes to below the USEPKs Action Level. IEMA-Division of Nuclear Safety encourages homeowners to test their home to determine the actual radon levels. With test results of 4pCi/L or more, passive and skeletal new construction systems should be converted to active soil depressurization systems by mitigation professionals licensed by IEMA- Division of Nuclear Safety. Passive New Construction Passive New Construction Passive new construction systems rely solely on the convective flow of air upward in the vent pipe for sub-slab depres- surization. The system consists of a vertical vent pipe routed through conditioned space from the suction pit to at least 12 inches above the roof. Skeletal New Construction A skeletal system is a system that is designed for the installation of a vent fan and may consist of CL i multiple vent pipes. This includes vertical and w i angled runs that are not necessarily routed through living space that may be joined to a single termination above the roof or may terminate ' ,.�W _ • — separately above the roof. Skeletal New Construction Skeletal New Construction Always Perform a Post-Mitigation Test? Post-mitigation tests are important evaluators of actual system function. The IFMA-Division oi'Nuclear Safety Radon Program provides: Information about radon and radon testing;names of licensed radon ineasurcmcnl professionals;and names of licensed mitigation professionals trained to reduce radon. Contact the IEMA-Division of Nuclear Safety Radon Program at 1(800)325-1245 IEVIA-Division of Nuclear Safety 1035 Outer Park Drive • Springfield, IL 62704 (217) 782-1325 • TDD: (217) 782-6133 Rod R. Blagojevich w►vw.state.il.usliejna William C. Burke Governor Director Printed by the Aulharitt;of the Stale of Illinois (tl:MA-fit 7-31 W),133, December 21, 2006 Travis Miller United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Milazzo Dear Travis: We have made the changes requested on the first page of the Joe Wywrot Memo dated December 19, 2006 on his 3'd, 5th, and 6"bullet points. The bullet points 1, 2, and 4 were informational only. With respect to his last bullet point on page 2 of his letter we likewise have made that change. With respect to the I"bullet point on page 2 we already indicate above that we will comply with all ordinances on less varied by the Agreement, which would include Site Design and Engineering Practice Ordinances. With respect to the 2n3 bullet point on page 2 of his letter we specifically are and talked about the 10 foot setback in parking from Route 71 because of the limited area on the site. Finally in the P bullet point on page 2 the only reason we mentioned the easement language is for both City and our protection that if an intervening property owner won't voluntarily give us an easement we may need City help in condemning an easement to extend the utility for public purposes. With those changes I believe we have made everything that we agreed to. Finally with respect to the Mayor's request we put in the paragraph 1 a of the Agreement language changing the Comprehensive Plan. I have also modified your Ordinance to put that same language in effect as well. Should you have any questions or concerns please feel free to contact me. Very truly yours, Daniel J. Kramer, Attorney at Law DJK/cth Revised December 21,200 - �� r� *S%X X STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE OTIS PROPERTY MANAGEMENT,INC. THIS AGREEMENT is made and entered into this day of ,2006 by and between THE UNITED CITY OF YORKVILLE,Yorkville,Illinois,a municipal corporation,located in Kendall County,Illinois(hereinafter referred to as"CITY"),and OTIS PROPERTY MANAGEMENT,INC.(hereinafter referred to as OWNER(DEVELOPER)of the County of Kendall,State of Illinois. WITNESSETH WHEREAS,OWNER/DEVELOPER is the owner of real property which is the subject matter of said Agreement comprising approximately 2.0031 acres,more or less,and is more particularly described in the attached Exhibit"A",which is incorporated herein by reference; and WHEREAS,the SUBJECT REAL PROPERTY is located contiguous to the corporate boundaries of the CITY;and is not located within the corporate boundaries of any other municipality;nor is any portion thereof classified as flood plain;and WHEREAS,OWNER/DEVELOPER desires to annex the said real property described into the CITY,its Plan Commission has considered the Petition to Annex,and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER and the CITY; and 1 WHEREAS,OWNER/DEVELOPER has presented,and the CITY has considered,the tract,of REAL PROPERTY herein described in the attached Exhibit"A"as B-3 Service Business District in order to make said real property a desirable addition to the CITY;and WHEREAS,all parties to this Agreement desire to set forth certain terns and conditions upon which the REAL PROPERTY heretofore described will be annexed to the CITY in an orderly manner,and WHEREAS,OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have held Public Hearings with the Plan Commission and the CITY Council,and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement,as required by the statutes of the State of Illinois in such case made and provided. WHEREAS,in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5,inclusive,relating to Annexation Agreements,the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation,zoning,and development of the SUBJECT PROPERTY in the future,as authorized by,the provisions of said statutes;and WHEREAS,pursuant to due notice and publication in the manner provided by law,the appropriate zoning authorities of the CITY have and such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15.1.3 and the ordinances of the CITY relating to the procedure for the authorization,approval and execution of this Annexation agreement by the CITY. —2— NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained,the parties agree,under the terms and authority provided in 651LCS 5111- 15.1-1 through 65 ILCS 5111-15.1-5,as amended,as follows: I. A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance annexing to the CITY all of the REAL PROPERTY described herein in the attached Exhibit"A"; and the CITY in said ordinance shall zone the real property designated in the attached Exhibit "A"subject to the further terms of this Agreement as B-3 Service Business District. The CITY by approve of this Agreement hereb amends its Comprehensive Plan as to the subject property to show the same as a Commercial B-3 Service Business District Use on the Comprehensive Plan and on the City Zoning Map for the subject parcel described in the attached Exhibit"A". Said zoning shall allow the uses,size,density,area,coverage,and maximum building heights as set forth on for the B-3 Service Business District. Said REAL PROPERTY shall be used and developed in accordance with 65 ILCS 5111-15.1-1 through 65 ILCS 5/11-15.1- 5,and in accordance with the CITY Subdivision Control and Zoning Ordinances and specifically subject to the following conditions: (i) That the SUBJECT PROPERTY described in the attached Exhibit"A"shall be annexed to the United CITY of Yorkville by separate Ordinance,in compliance with Illinois Compiled Statutes and shall be zoned B-3 Service Business District Zoning. (ii) That the subject property shall be developed in substantial conformance with the attached Site Plan,which is incorporated herein and made a part hereof by —3— reference as Exhibit`B".as prepared by Koziol Engineering and dated 32006. (a)OWNER/DEVELOPER shall be responsible for providing landscaping, in conformance with CITY standards along all perimeter boundaries of the subject property and providing future cross-access easements as shown on Exhibit`B". (b)OWNER/DEVELOPER shall be permitted to have parking in the front setback adjacent to Illinois Route 71,within Ten(10)Feet of its property line. (c)OWNER/DEVELOPER shall establish the landscape buffer along Illinois State Route 71 behind the proposed North Right-of-Way line of the Illinois Department of Transportation. (iv) That OWNER/DEVELOPER shall provide the number of parking places as set out on the attached Exhibit`B"attached hereto and incorporated herein by reference. (v) OWNERMEVELOPER and the CITY agree that OWNER/DEVELOPER shall be permitted to conduct the uses on the subject property that are excerpted from the United CITY of Yorkville Zoning Classification for O-Office District,B-1 Limited Business District,B-2 General Business District,B-3 Service Business District as they exist at the time of execution of this Agreement and any similar permitted uses within those Districts that the CITY may create in the future; although OWNERIDEVLOPER agrees that it shall not be permitted to conduct on site any permitted uses which have been omitted from the current United CITY of Yorkville Zoning Ordinances as are in effect as of the date of the approval of this —4— Agreement by the United CITY of Yorkville. The list of permitted uses is as set out in Exhibit"C"attached hereto and incorporated herein by reference. (vi) That in all other respects,the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance,and all other applicable Ordinances. B. The OWNER/DEVELOPER,and its successors,and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the CITY Staff of the United CITY of Yorkville,as well as OWNEWDEVELOPER complying with the CITY Preliminary and Final Platting process. 2. CITY'S AGREEMENTS. A. The CITY agrees that due to the nature of the non-residential use and zoning classification of said parcel,OWNER/DEVELOPER has no obligation to pay School Transition Fees or Land-Cash Fees. B. OWNER/DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY Water and Sanitary Sewer System at the time that those utilities are within Two Hundred Fifty(250)Feet of the SUBJECT PROPERTY,and if easements are available to connect said real property. In the event either of said utilities are not available within the above stated distance to the SUBJECT PROPERTY,or if easements for connection are not available even through said utilities are available closer, OWNER/DEVELOPER may develop the subject parcel with septic system and private well even though municipal utilities may not be available. (i) OWNER/DEVELOPER further agrees to grant and easement to the United —5— City of Yorkville for purposes of extending a watermain and if necessary to service the subject or adjoining properties to install at CITY expense a Booster/Pressure Reducing Station on the property of OWNER/DEVELOPER within Sixty(60)days of a written request of the CITY to execute said easement,so long as the CITY provides a Plat of Easement and Legal description of the same. Said easement shall be located in an area of the subiect real property so as not to interfere with the orderly development and use of the property by OWNER or its tenants. The cost of said easement including documents,review,and recording would be at CITY expense. (ii) OWNER/DEVELOPER further a emigrant an easement to the United City of Yorkville for purposes of extending a sanitary-sewer main and if necessary to service the subject or adjoining properties,to install at CITY expense a sanitary-sewer main on the property of OWNER/DEVELOPER within Sixty(60)days of a written request of the CITY to execute said easement,so long as the CITY provides a Plat of Easement and Legal description of the same. Said easement shall be located in an area of the subiect real property so as not to interfere with the orderly development and use of the property by OWNER or its tenants. The cost of said easement including documents review,and recording would be at CITY expense. (iii) The subiect property may or may not be included in a Regional Stormwater Study which is being undertaken by the CITY. In the event OWNER/DEVELOPER needs off-site stormwater detention,or releases into any regional stormwater detention facility. OWNER/DEVELOPER will participate to the extent that connection charges are established in a non-discriminatory fashion based on volume contributed to any,said facility,if an Ordinance and schedule for connection is created and if the subject property connects to the same, . Meted:wua,san„azy C. Upon annexation,the Owner will receive police protection,911 Service,,, -6- and all services as provided by CITY to its property owners and residents. Formatted:Indent:First line: o" OWNERDEVELOPER shall be entitled to receive sanitary sewer and water services when they are available within Two Hundred and Fifty(250 ft.)Feet of the subject property. D. The CITY will require the Owner to annex to Yorkville Bristol Sanitary District at the time of applying for a building permit. E.Permit an Economic Incentive Agreement to be requested by OWNERIDEVELOPER as to any portion of the off-site,pursuant to such an Agreement out of up to 50%of any Sales Tax Receipts from users on the subject site in conformity with the United City of Yorkville Economic Development Incentive Policy. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNERIDEVELOPER and its successors and assigns shall have the right to sell transfer,mortgage and assign all or any part of the SUBJECT PROPERTY and the improvements thereon to other persons,trusts,partnerships,firms,or corporations,for investment,building,financing,developing and all such purposes,and that said persons,trusts,partnerships,firms,or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER/DEVELOPER under this Agreement and upon such transfer,the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee,except for any performance bonds or guaranties posted by OWNER/DEVELOPER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable —7— effort,including the calling of special meetings,to expedite the subject matter hereof It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the Iand during the tern of this Agreement shall inure to the benefit of and be binding upon the heirs,successors and assigns of the parties hereto,including the CITY,its corporate authorities and their successors in office,and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,and their successors and owners of record of land which is the subject of this Agreement,assignee,lessees,and upon any successor municipal authorities of said CITY,so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. 7. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid,addressed as follows: If to the CTTY: CTTY Clerk 800 Game Farm Road Yorkville,IL 60560 With a copy to: John Wyeth 800 Game Fans Road Yorkville,IL 60560 To OWNER: OTIS Property Management,INC. 4771 Route 71 —9— C E,tw E � Revised December 21, 2006 STATE OF ILLINOIS ) COUNTY OF KENDALL } ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE OTIS PROPERTY MANAGEMENT, INC. THIS AGREEMENT is made and entered into this day of , 2006 by and between THE UNITED CITY OF YORKVILLE,Yorkville, Illinois, a municipal corporation,located in Kendall County, Illinois (hereinafter referred to as "CITY"), and OTIS PROPERTY MANAGEMENT, INC. (hereinafter referred to as OWNER/DEVELOPER)of the County of Kendall, State of Illinois. WITNESSETH WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject matter of said Agreement comprising approximately 2.0031 acres, more or less, and is more particularly described in the attached Exhibit"A", which is incorporated herein by reference; and WHEREAS, the SUBJECT REAL PROPERTY is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, OWNER/DEVELOPER desires to annex the said real property described into the CITY, its Plan Commission has considered the Petition to Annex, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER and the CITY; and 1 WHEREAS, OWNER/DEVELOPER has presented, and the CITY has considered, the tract, of REAL PROPERTY herein described in the attached Exhibit "A" as B-3 Service Business District in order to make said real property a desirable addition to the CITY; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the REAL PROPERTY heretofore described will be annexed to the CITY in an orderly manner, and WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have held Public Hearings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5111-15.1-1 through 51.1-5, inclusive,relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation, zoning, and development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law,the appropriate zoning authorities of the CITY have and such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15.1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation agreement by the CITY. -2- OWNER/DEVELOPER: By. Attest: Prepared by and Return to: Law Offices of Daniel J.Kramer 1107A S.Bridge Street Yorkville,Illinois 60560 630.553.9500 Oswego,IL. 60543 With a copy to: Law Offices of Daniel J.Kramer 1107A S.Bridge St. Yorkville,IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 8. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions,said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WTINESS WHEREOF,the undersigned have hereunto set their hands and seals this day of ,2006. UNITED CITY OF YORKVE.I..E By: Arthur F.Prochaska,Jr.,Mayor Attest: CITY Clerk —9— NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111- 15.1-1 through 65 ILCS 5111-15.1-5, as amended, as follows: 1. A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance annexing to the CITY all of the REAL PROPERTY described herein in the attached Exhibit"A"; and the CITY in said ordinance shall zone the real property designated in the attached Exhibit "A" subject to the further terms of this Agreement as B-3 Service Business District. The CITY by approve of this Agreement hereby amends its Comprehensive Plan as to the subject property to show the same as a Commercial B-3 Service Business District Use on the Comprehensive Plan and on the City Zoning Map for the subject parcel described in the attached Exhibit"A". Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on for the B-3 Service Business District. Said REAL PROPERTY shall be used and developed in accordance with 65 ILCS 5111-15.1-1 through 65 ILCS 5111-15.1- 5, and in accordance with the CITY Subdivision Control and Zoning Ordinances and specifically subject to the following conditions: (i) That the SUBJECT PROPERTY described in the attached Exhibit"A" shall be annexed to the United CITY of Yorkville by separate Ordinance, in compliance with Illinois Compiled Statutes and shall be zoned B-3 Service Business District Zoning. (ii) That the subject property shall be developed in substantial conformance with the attached Site Plan, which is incorporated herein and made a part hereof by —3— reference as Exhibit`B", as prepared by Koziol Engineering and dated , 2006. (iii) (a) OWNER/DEVELOPER shall be responsible for providing landscaping, in conformance with CITY standards along all perimeter boundaries of the subject property and providing future cross-access easements as shown on Exhibit`B". (b) OWNER/DEVELOPER shall be permitted to have parking in the front setback adjacent to Illinois Route 71, within Ten(10) Feet of its property line. (c) OWNER/DEVELOPER shall establish the landscape buffer along Illinois State Route 71 behind the proposed North Right-of-Way line of the Illinois Department of Transportation. (iv) That OWNER/DEVELOPER shall provide the number of parking places as set out on the attached Exhibit`B" attached hereto and incorporated herein by reference. (v) OWNER/DEVELOPER and the CITY agree that OWNER/DEVELOPER shall be permitted to conduct the uses on the subject property that are excerpted from the United CITY of Yorkville Zoning Classification for O-Office District, B-1 Limited Business District, B-2 General Business District, B-3 Service Business District as they exist at the time of execution of this Agreement and any similar permitted uses within those Districts that the CITY may create in the future; although OWNER/DEVLOPER agrees that it shall not be permitted to conduct on site any permitted uses which have been ornitted from the current United CITY of Yorkville Zoning Ordinances as are in effect as of the date of the approval of this —4— Agreement by the United CITY of Yorkville. The list of permitted uses is as set out in Exhibit"C" attached hereto and incorporated herein by reference. (vi) That in all other respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances. B. The OWNER/DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the CITY Staff of the United CITY of Yorkville, as well as OWNER/DEVELOPER complying with the CITY Preliminary and Final Platting process. 2. CITY'S AGREEMENTS. A. The CITY agrees that due to the nature of the non-residential use and zoning classification of said parcel, OWNER/DEVELOPER has no obligation to pay School Transition Fees or Land-Cash Fees. B. OWNER/DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY Water and Sanitary Sewer System at the time that those utilities are within Two Hundred Fifty(250)Feet of the SUBJECT PROPERTY, and if easements are available to connect said real property. In the event either of said utilities are not available within the above stated distance to the SUBJECT PROPERTY, or if easements for connection are not available even through said utilities are available closer, OWNER/DEVELOPER may develop the subject parcel with septic system and private well even though municipal utilities may not be available. (i) OWNERIDEVELOPER further agrees to grant and easement to the United —5— City of Yorkville for purposes of extending a watermain and if necessary to service the subject or adjoining properties, to install at CITY expense a Booster/Pressure Reducing Station on the property of OWNER/DEVELOPER within Sixty(60) days of a written request of the CITY to execute said easement, so long as the CITY provides a Plat of Easement and Legal description of the same. Said easement shall be located in an area of the subject real property so as not to interfere with the orderly development and use of the property by OWNER or its tenants. The cost of said easement including documents,review, and recording would be at CITY expense. (ii) OWNER/DEVELOPER further agrees to grant an easement to the United City of Yorkville for purposes of extending a sanitary-sewer main and if necessary to service the subject or adjoining properties, to install at CITY expense a sanitary-sewer main on the property of OWNER/DEVELOPER within Sixty(60) days of a written request of the CITY to execute said easement, so long as the CITY provides a Plat of Easement and Legal description of the same. Said easement shall be located in an area of the subject real property so as not to interfere with the orderly development and use of the property by OWNER or its tenants. The cost of said easement including documents, review, and recording would be at CITY expense. (iii) The subject property may or may not be included in a Regional Stormwater Study which is being undertaken by the CITY. In the event OWNERIDEVELOPER needs off-site stormwater detention, or releases into any regional stormwater detention facility, OWNER/DEVELOPER will participate to the extent that connection charges are established in a non-discriminatory fashion based on volume contributed to any said facility, if an Ordinance and schedule for connection is created and if the subject property connects to the same. C. Upon annexation, the Owner will receive police protection, 911 Service, , —6— and all services as provided by CITY to its property owners and residents. OWNER/DEVELOPER shall be entitled to receive sanitary sewer and water services when they are available within Two Hundred and Fifty(250 ft.)Feet of the subject property. D. The CITY will require the Owner to annex to Yorkville Bristol Sanitary District at the time of applying for a building permit. E. Permit an Economic Incentive Agreement to be requested by OWNER/DEVELOPER as to any portion of the off-site, pursuant to such an Agreement out of up to 50% of any Sales Tax Receipts from users on the subject site in conformity with the United City of Yorkville Economic Development Incentive Policy. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER/DEVELOPER and its successors and assigns shall have the right to sell transfer, mortgage and assign all or any part of the SUBJECT PROPERTY and the improvements thereon to other persons, trusts,partnerships, firms, or corporations, for investment,building, financing, developing and all such purposes, and that said persons,trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER/DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER/DEVELOPER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable —7— effort, including the calling of special meetings, to expedite the subject matter hereof It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. 7. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: John Wyeth 800 Game Farm Road Yorkville, IL 60560 To OWNER: OTIS Property Management, INC. 4771 Route 71 Oswego, IL 60543 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 8. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of .22006. UNITED CITY OF YORKVILLE By: Arthur F. Prochaska, Jr., Mayor Attest: CITY Clerk —9— OWNER/DEVELOPER: By: Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -10- cl�,o United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 o K-n ccunry ` Date: December 26, 2006 To: Travis Miller, Community Development Director From: Joe Wywrot, City Engineer CC: John Crois, Interim City Administrator John Wyeth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Milazzo Property Revised Annexation Agreement I have reviewed the partial copy of the revised draft annexation agreement, as well as Dan Kramer's letter dated December 22, 2006, and have the following comments: • Section 1.A.ii—This section was not provided for review, therefore I assume that it was not revised. Since a site plan has not been submitted for engineering review, revise this section to state that the city may require changes in the site design based on ordinance and sound engineering practice. • Section 1.B.b—Revise to state that the site shall comply with Ordinance 98-32, which calls for a 20 foot parking setback from right-of-way lines for properties zoned B-3. The concept plan appears to be in compliance or very close to being in compliance with the 20-foot requirement. If the driveway were narrowed to be one-way exiting the site or other minor changes were made to the site plan, the 20-foot requirement could be met. • Section 2.B—Revise this section to require the developer to extend and connect to the city water and sanitary sewer systems when they are constructed to within 250 feet of the boundaries of the development, and also agree to pay their share of construction costs and/or any recapture agreements for extension of those facilities by others as determined by the city. Remove all references to easements. • Section 2.B.i--Replace the word "and"with the word"an" in the first line. Also revise to clarify that the easement would be granted at no cost to the city, other than the cost of preparing and recording the easement document. • Section 2.B.ii -Revise this section to state to require the developer to extend and connect to the city water and sanitary sewer systems when they are constructed to within 250 feet of the boundaries of the development, and also agree to pay their share of construction costs and/or any recapture agreements for extension of those facilities by others as determined by the city. Remove all references to easements. Also revise to clarify that the easement would be granted at no cost to the city, other than the cost of preparing and recording the easement document. • Section 2.B.iii—Revise to state that the development of the site shall be developed in conformance to the recommendations of the regional stormwater study and that the developer shall pay their share of associated costs, so long as those costs are established in a non-discriminatory fashion. • Section 2.0—Revise the last sentence to state that water and sanitary sewer facilities are not available at this time, and that the developer may be required to extend those services in conformance with city ordinances and as stated in Section 2 of the annexation agreement. The revised annexation agreement is scheduled for consideration at the City Council meeting of December 26, 2006. If you have any questions regarding these comments, please see me. Revised December 21, 2006 STATE OF ILLINOIS } ) ss COUNTY OF KENDALL } ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Otis Property Management, Inc.) WHEREAS, OTIS Property Management, Inc. is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS OTIS Property Management, Inc, developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as B-3 —Service Business District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING,THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-3 Service Business District as described in attached Exhibit «B» 2. The United City of Yorkville hereby amends its Comprehensive Plan to show the real property described in the attached Exhibit"A"to be a B-3 Service Business District Use on its latest Comprehensive Plan; and the City hereby amends its Zoning Map to provide said District as a B-3 Service District. 3. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 4: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 STATE OF ILLINOIS ) } ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY (Yorkville Partners, LLC) WHEREAS, Yorkville Partners, LLC is the legal owner of record of property described on Exhibit "A" attached hereto and incorporated herein(the Property), and WHEREAS Yorkville Partners, LLC, developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as B-3 — Service Business District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-3 Service Business District as described in attached Exhibit "B59 . 2. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURR 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 Reviewed By: J 0 Legal ❑ City Council g December 26, 2006 Finance ❑ EST. � � 1836 Engineer ❑ -t s y City Administrator a� ❑ Agenda Item Tracking Number � � =O Consultant ❑ EDC 2006-35 ���� Human Resources ,LE ❑ City Council Agenda Item Summary Memo Title: Sunflower Estates SSA Proposing Ordinance 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: ORDINANCE NO. 2007- AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2006-119 (SUNFLOWER ESTATES) IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH 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, Kendall County, Illinois (the "City") is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200127-5 et seq. (the "Act"), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findings. The City Council of the City finds and determines as follows: a. Certain owners of record (the "Owners") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territo ") have expressed an interest in the establishment of a back-up mechanism for the payment of any costs of maintenance and repair of monuments, signage, landscaping and other common area elements in the Subject Territory as further described herein; and b. Pursuant to Section 27-20 of the Act, the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the "Application"); and C. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous; and e. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2006-119 for the payment of any costs of maintenance and repair of monuments, signage, landscaping and other common area elements in the Subject Territory. CHI2_659662.1 Section 4. Public Hearin. A public hearing shall be held on the 23rd day of January, 2007, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to consider the creation of the City of Yorkville Special Service Area Number 2006119, in the Subject Territory. At the hearing, the following method of financing maintenance activities within the proposed special service area will be considered: the levy of an equal tax by the City on each parcel of property in the proposed special service area, sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year within the proposed special service area which shall not exceed the amount necessary to produce a maximum annual tax levy of $31,855. The special municipal services to be provided to the proposed special service area may include the costs of maintenance and repair of monuments, signage, landscaping and other common area elements within the proposed special service area. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearing. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. This notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit B to this Ordinance. Section 6. Supercede Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. 2 CHI2_659662.1 PASSED by the City Council of the City this December 26, 2006. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent(list names): City Clerk SIGNED by the Mayor this December 26, 2006. President ATTEST: City Clerk Published in pamphlet form December 26, 2006. 3 CH12_659662.1 EXHIBIT A Legal Description CH 12_659662.1 371 That p ert of the South Half of section 5. Townshi p 36 North, Range 7 East of the P Third Princi al Meridian described as follows: Beginning at the Southwest Comer of Briar P.U.D., Unit 1, Yorkville, Kendall County, Illinois thence North 88'36'48" Green , 481.87 feet to the Southeast comer of East along the center line of Green Briar Drive, said center line, 716.55 feet; thence said subdivision; thence North 88'39'12"East alongo3g i2"East, 712.30 feet; thence South 01'20'48'East, 349.99 feet; thence North South 87°5625"West, 700.96 feet; thence South 01'44'07"Fast, 1290.43 feet; thence S South 02.03'35"East, 511.60 feet to the center line of Illinois State Route No. 71; curve to the Jeff, having a radius of thence westerly along said center line, being along a 5,055.59 feet, an arc distance of 80.0 feet; North 02"03'35"West, 512.23 feet, thence South 87'56'25"West, 760.86 feat to a line drawn South 1410'22 East from the point of beginning; thence North 14010'22"West, 1701.70 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois and containing 60.610 acres. T- 1� LEGAL DESCRIPTION That part of the South Half of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the most southerly Southwest corner of Sunflower Estates,Phase 1, Yorkville,Kendall County, Illinois; thence South 14'10'22" East along the West line of said Phase 1 extended 842.49 feet; thence North 87°56'25" East 760.86 feet; thence South 02°03'35" East 482.23 feet;thence southwesterly along a curve to the right having a radius of 30.0 feet, an arc distance of 46.48 feet to the northerly right-of-way line of Illinois State Route No. 71; thence South 03'l 7'01" East along a line radial to said northerly right-of-way line 65.0 feet to the center line of said Illinois State Route No. 71;thence easterly along said center line 107.98 feet; thence North 02°03'35" West 511.60 feet; thence North 87°56'25" East 341.81 feet, thence North 02°03'35" West 150.0 feet; thence North 87°56'25" East 30.0 feet;thence North 02°03'35" West 66.0 feet;thence South 87'5625" West 35.62 feet; thence North 01'44'07" West 170.28 feet; thence South 87°56'25" West 151.16 feet; thence North 02°03'35" West 30.0 feet, thence South 87°56'25" West 66.0 feet; thence South 02°03'35" East 50.27 feet; thence South 87°56'25" West 150.0 feet; thence North 01'39'12" West 617.53 feet to the Southeast comer of Lot 83 of said Sunflower Estates- thence South 88'39'12" West along the South line of Lot 83, 152.28 feet to the Southwest comer thereof; thence South 01'20'48" East 30.0 feet; thence South 88°39'12" West 66.0 feet; thence North 01'20'48" West 38.63 feet to the Southeast comer of Lot 67 of said Sunflower Estates; thence South 88°39'12" West along the South line of said Lot 67 and the South line of Lot 66 of said Sunflower Estates, 375.36 feet to the Southwest comer of said Lot 66; thence southerly, along a curve to the right having a radius of 313.0 feet which is radial to a line drawn South 78'45'40" West from the last described point, an arc distance of 38.01 feet;thence South 85°43'10" West 66.0 feet; thence northerly along a concentric curve to the left,having a radius of 247.0 feet, an are distance of 30.0 feet; thence South 78°45'40" West 148.24 feet; thence South 00°24'56" East 146.93 feet; thence South 89°35'04" West 182.89 feet to the point of beginning in the United City of Yorkville,Kendall County, Illinois. "Legal- Description" State of Illinois: SS County of Kendall- 4 James M. Olson, Illinois professional Land Surveyor No. 2253, employed by James M. Olson Associates, L td., do hereby certify that, under the direction of the owners thereof, / have surveyed' subdivided and platted that part of the Southeast Quarter of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Southeast corner of Lot 42, Sunflower Estates, Phose 2, Yorkville, Kendall County, Illinois; thence North 02'03'35" West clang the East line of said lot 150 0 feet to the Northeast corner thereof,- thence North 873625" East along c South line of said Phase 2, o distance of 30.O feet; thence North 020335" West along an East line o, said Phase 2, a distance of 66.0 feet; thence South 875625" West along a North line Of said Phase 2, a distance of 3562 feet to the Southeast corner of Lot 106 of sold subdivision; thence North 0140'14" West clang the East line of said Lot 106 and the East line of Lot 117 of sold Phase 2, a distonce of 170.28 feet to the Northeast corner of said Lot 117; . thence South 875625.". West. along. the .North line of said Lot 117, o distonce of 151.16 feet-to the Northwest corner thereof,• thence North 020.3:35" West along a West line of said Phase 2, a distance of 30.0 feet' thence South 875625" West clang a North line of said Phase 2, a distance of 66.0 feet; thence South 02 03'35" East along an East line of said Phase 2, a distance of 50.27 feet to the Northeast corner of Lot 100 of said Phose 2; thence South 875625" West along the North line of sold Lot 100 and Lot 101 of said Phase 2, a distance of 150.0 feet to the Southeast corner of Lot 77 of said Phase 2; thence North 01:39'12' West along an Ecst line of Sunflower Estates, Phase 1, Yorkville, Kendal/ County, Illinois, c distance of 71753 feet to the Northeast corner of Lot 83 of said Phase 1; thence North 8939112" East clang c South line of said Phase 1, a distance of 58.26 feet; thence North 0120'48" West along an East line of said Phase 1, c distonce of 66.0 feet; thence South 8539'12" West along a North line of said Phose 1, a distance of 300 feet to the Southeast corner of Lot 18 of said Phase 1, thence North 0120'48- West olong the East line of said Lot 18, a distance of 150.0 feet to the Northeast corner thereof, thence North 8839'12" Eost along a line drawn parallel with the center line of Green Briar Rood, 702.30 feet to aline drawn parallel with the center line of Illinois State Route No. 47; thence South 01-44'07- East a/ang said parallel line 1290.43 feet to a line drawn parallel with and 766.23 feet, normally distant, northerly of the center line of //linois State Route No. 71,• thence South 87' 5625" West along said parallel line 359. 15 feet to the point , beginning in the United City of Yorkville, Kendal/ County, Illinois as shown by the of plat hereon drawn which is a correct representation of said survey and subdivision. All distonce are shown in feet and decimal parts thereof. / further certify that the above described property is within the corporate limits of the United City of Yorkville, which has adopted on official plan, and that no part is within a special flood hazard area as identit%ed by the Federal Emergency Management Agency Community Panel Map, effective date: July 19, 1982. Dated at Yorkville, Illinois domes M. Olson Illinois Pro fession a/ L on d Surveyor No, 2253 James M. Olson Associates, Ltd. 107 West Madison Street Yorkville, I/Iin o!s 60560 EXHIBIT B NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-119 (SUNFLOWER ESTATES) NOTICE IS HEREBY GIVEN that on January 23, 2007 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United City of Yorkville (the "City") to consider forming a special service area, to be called "City of Yorkville Special Service Area Number 2006-119," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate location is generally northwest of the northwest corner of Route 47 and Route 71 in the City. The general purpose of the formation of the City of Yorkville Special Service Area Number 2006-119 is to provide special municipal services to the area which may include the costs of maintenance and repair of monuments, signage, landscaping and other common area elements within the proposed special service area. The special services shall include maintenance activities only. There will also be considered at the hearing the following method of financing maintenance activities within the proposed special service area: the levy of an equal tax by the City on each parcel of property in the proposed special service area, sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year within the proposed special service area which shall not exceed the amount necessary to produce a maximum annual tax levy of$31,855, said tax to be levied upon all taxable property within the proposed special service area. At the hearing, all interested persons affected by the formation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2006-119 and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2006-119 is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area or the levy of taxes affecting the area, no such area may be created and no such taxes may be levied or imposed. CHI2_659662.1 Exhibit 1 to Notice Leal Description of Pro e CH12_659662.1 That part of the South Half of Section 5, Township 36 North, Range 7 East of the Third principal Meridian described as follows: Beginning at the Southwest Comer of Green Briar, P.U.D., Unit 1, Yorkville, Kendall County, Illinois, thence North 88'3648" 481,87 feet to the Southeast comer East along the center tine of Green Briar Drive, enter line, 716.55 feet; thence of said subdivision; thence North 88`39'12"East along said c South 01'20'48"East, 349.99 feet; thence North 88039112"East, 72.309 feet thence feet thence South 01°44107"East, 1290.43 feet, thence South 87°56'25,,West, 7 outs fe t South 02'03'33"East, 511.60 feet to the center line of Illinois State R Navin a radius Of thence westerly along said center line, being along a curve to the left, g 512.23 feet; thence 5,055.59 feet, an arc distance of 80.0 feet, North 02'03'35'West, " South 87°56'25"West, 780.86 feet to a line drawn South 14110'22m East from the point of beginning in the of beginning; thence North 14°10'22"West, 1701.70 feet to the point 9 United City of Yorkville, Kendall County, Illinois and containing 60.610 acres. S LEGAL DESCRIPTION That part of the South Half of Section 5,Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the most southerly Southwest corner of Sunflower Estates,Phase 1,Yorkville,Kendall County, Illinois; thence South 14'10'22" East along the West line of said Phase 1 extended 842.49 feet; thence North 87'5625" East 760.86 feet; thence South 02°03'35" East 482.23 feet; thence southwesterly along a curve to the right having a radius of 30.0 feet, an arc distance of 46.48 feet to the northerly right-of-way line of Illinois State Route No. 71; thence South 03'17'01" East along a line radial to said northerly right-of-way line 65.0 feet to the center line of said Illinois State Route No. 71; thence easterly along said center line 107.98 feet;thence North 02°03'35" West 511.60 feet; thence North 87°56'25" East 341.81 feet; thence North 02°03'35" West 150.0 feet; thence North 87°56'25" East 30.0 feet;thence North 02°03'35" West 66.0 feet;thence South 87°56'25" West 35.62 feet; thence North 01°44'07" West 170.28 feet; thence South 87°56'25" West 151.16 feet; thence North 02°03'35" West 30.0 feet, thence South 87°5625" West 66.0 feet; thence South 02°03'35" East 50.27 feet; thence South 87°56'25" West 150.0 feet; thence North 01'39'12" West 617.53 feet to the Southeast comer of Lot 83 of said Sunflower Estates; thence South 88°39'12" West along the South line of Lot 83, 152.28 feet to the Southwest corner thereof;thence South 01'20'48" East 30.0 feet; thence South 88°39'12" West 66.0 feet;thence North 01°20'48" West 38.63 feet to the Southeast corner of Lot 67 of said Sunflower Estates; thence South 88°39'12" West along the South line of said Lot 67 and the South line of Lot 66 of said Sunflower Estates, 375.36 feet to the Southwest comer of said Lot 66; thence southerly, along a curve to the right having a radius of 31.3.0 feet which is radial to a line drawn South 78°45'40"West from the last described point, an arc distance of 38.01 feet; thence South 85°43'10" West 66.0 feet; thence northerly along a concentric curve to the left,having a radius of 247.0 feet, an arc distance of 30.0 feet; thence South 78°45'40" West 148.24 feet; thence South 00°2456" East 146.93 feet; thence South 89'35'04" West 182.89 feet to the point of beginning in the United City of Yorkville,Kendall County,Illinois. "Legal Description" ' State of Illinois.- .•SS County Of Ken dall.- 1, James M. Olson, Illinois professional Land Surveyor No. 2253 employed by Do M.mes O/son Associates, Ltd., do hereby certify that ,, under the direction of the owners thereof, / have surveyed, subdivided and platted that part of the Southeast Quarter of Section 5, Township 36 North, Range 7 East of the third Principal Meridian descrlbed as /o/lows: Beginning at the Southeast corner 42, Sunf/orver Esfotes, Phase 2, Yorkville, of Lot Kendall County, Illinois,• thence North 0203;35" r,lest along the East line of said lot 150.0 feet to the Northeast corner thereof,- thence North 875625" East clang a South line of said Phase 2, c distance of 30.0 feel.- thence North 02 03'35" West along an East line of said Phase 2, a distance of 66.0 feet; thence South 87562.5" West along a North line of said Phase 2, a distance of 3562 feet to the Southeast corner of Lot 106 of said subdivision; thence North 0140'14" West along the East line of said Lot 705 and the East //ne of Lot 117 of said Phase 2, a distance of 770.28 feet to the Northeast corner of said Lot 77 .7, .thence South 875625.". West along, the .North line of said Lot 117, a distance of 151. 16 feel•to the Northwest corner thereof,• thence North 02 03'35" West along a West line of said Phase 2, a distance of 30.0 feet,' thence South 875625" West along c North line of said Phose 2, a distance of 66.0 feel; thence 'South OZ 0335 East along an East line of said Phase 2, a distance of 50.27 feet to the Northeast corner of Lot 100 of said Phase 2; thence South 875625" West along the North line of sold Lot 100 and Lot 101 of said Phase Z o distance of 150.0 feet to the Southeast corner of Lot 77 of said Phase Z. thence North 01:39 72" West along an East line of Sunflower Estates, Phase 1, Yorkville, Kendall County, Illinois, a distance of 7175-T feet to the Northeast corner of Lot 83 of said Phase 1; thence North 88:39'12" East along a South line of said Phase 7, a distance of 58.26 feet.- thence North 0120'48" West along on East line of said Phase 1, a distance of 56.0 feet; thence South 88:39'12" West along c North line of said Phase 1, a distance of 300 fief to the Southeast corner of Lot 18 of said Phase 1, thence North 0120'48" West along the East line of said Lot 18 a distance of 150.0 feet to the Northeast corner thereof thence North 88;39'12" East along a line drawn parallel with the center line of Green Briar Road, 7D2.30 feet to o line drawn parallel with the center line of Illinois State Route No. 47; thence South 0144107" East along said Para//e/ line 1290.43 feet to a line drawn parallel with and 766.23 feet, normally distant, northerly of the center Tine of Illinois State Route No. 71,• thence South 87' 56;25" West along said parallel line 359. 15 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois os shown by the p/at hereon drawn which is a correct representation of said survey and subdivision. Al! distance are shown in feet and decimal parts thereof. I further certify that the above described property is within the corporate limits of the United City of Yorkville, which has adopted on official plan, and that no part is Within a special flood hazard area as ident/tied by the Federal Emergency Management Agency Community Panel Map, effective date._ July 19, 1982. Dated at Yorkville, //lino/s ✓ames M. Olson /I/inois Professional Land Surveyor No. 2253 ✓ames M. Olson Associates, Ltd. 107 West Madison Street Yorkville, /!lino/s 60550