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City Council Minutes 2009 02-10-09 i MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY, FEBRUARY 10, 2009 Mayor Burd called the meeting to order at 7:03 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Allen Present Werderich Present Ward II Golinski Present Plocher Absent Ward III Mums Present Sutcliff Present Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Police Chief Martin, Lieutenant Schwartzkopf, Director of Parks & Recreation Mogle, Community Development Director Miller and Public Relations Officer Spies. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked if the Public Safety Committee report could be moved forward on the agenda after the bill payments. Amendment unanim ously approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., February 17, 2009 City Hall Conference Room Economic Development Committee 7:00 P.M., March 3, 2009 City Hall Conference Room Administration Committee 6:30 p.m., February 12, 2009 City Hall Conference Room Public Safety Committee 6:00 P.M., February 26, 2009 City Hall Conference Room PRESENTATIONS Middle School Mock Election Winners Mayor Burd reported that she and Administrator McLaughlin attended' the Yorkville Middle School debates and she was impressed with the student's knowledge of politics and government. She recommended to the City Council the reinstating of a government day where students take over the roles of the mayor and aldermen. She presented Terry Pletka, Julia Craig and Alec Hamburg with Certificates of Appreciation for their dedication in learning about government. The student's teacher, Mr. Palmisano expressed pride in the student's work. Mr. Young, another teacher at YMS, explained that Mr. Palmisano was a first year teacher who developed the event and did a wonderful job. The Minutes of the Regular Meeting of the Citv Council — February 10. 2009 — Daee 2 PUBLIC HEARINGS Daniel A Laniosz (PC 2008 -28) Daniel A. Laniosz, petitioner, has filed an application with the United City of Yorkville, requesting a site plan amendment to the annexation agreement. The real property consists of 3.127 acres, located at 803 W. Stagecoach Trail, Yorkville, Illinois, 60560. Please see attached Report of Proceedings by Teresa S. Grandchamp, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. CITIZEN COMMENTS Billie Rosenow, 205 E. Somonauk, addressed the City Council. She explained that she was walking her dog when it was attacked by a neighbor's Akita/Shepherd mix. This is not the first incident with the dog. The owner of the dog is a police officer for another city and has been fined several times but the dog is still terrorizing the neighborhood. She asked that something be done because this last incident cost her 3 '/2 hours at an emergency veterinarian due to the injuries caused her dog. She stated that the owner of the other dog was paying for the vet bill but was very belligerent to her and she was afraid of retaliation from the dog owner. Louann Gilkey, 206 E. Spring Street, added there have been three incidents of this dog attacking her dogs. The owner does pay the vet bills however his dog is vicious and should be put down. She stated that there have been fourteen incidents in five years that four neighbors can attest to. Larry Franklin, 212 E. Spring Street, stated that he has had two incidents with the dog which resulted in his pet rabbits being killed. The rabbits were in his screen porch when the dog broke in and killed them. The dog's owner denied the incident but asked that the Police Department not be contacted. He added that whenever the police are called on this individual, he retaliates by nitpicking and calling the police on the neighbors. Sylvia Kurtz- Forbes, Somonauk Street, stated that she was walking her dog on a leash when the Akita mix got out of its yard and ran across the street toward her. She had to pick up her dog over her head to protect it. She stated she is a responsible dog owner; she uses a leash and cleans up after her pet. She felt that citizens and their pets should be protected. The dog and his owner have had multiple offenses and she felt there should be escalating punishments or penalties. Chief Martin stated that he has spoken with residents and has had a Yorkville police lieutenant contact the Aurora Police Department's office of professional standards for help. The Police Department has tried to deal with the dog owner themselves and was told that the dog is only dangerous to other animals. He agreed that the dog's owner is not nice to talk to and explained that the owner can now be fined up to $750.00. He also informed the residents that the dog owner could be sued civilly. Attorney Orr added that on the agenda was a total revision of the animal control ordinance which addresses dangerous animals. The new ordinance gives the Police Department the right to impound the animal and give the owner notice. It also gives the Police Department a tool to address this type of offense however it does not have an escalating fine schedule. Mayor Burd recommended that the public call the police when they see a dog running at large. The new ordinance can't be enforced unless the Police Department is notified. Pet owners may take better care of situations if they are fined. Mr. Franklin stated that even though the owner states the dog is not aggressive toward humans, he has seen it go after people walking. Teri Brady, W. Ridge Street, stated that she took her daughter for walks but has had to stop because of dogs bothering them. She stated she has seen owners not control their pets and she encouraged the City Council to pass the new ordinance. She explained that she has called the Police Department on a neighbor's dog however the canine officer who responded was hesitant to write a ticket even though she insisted he did. Chief Martin apologized for the officer's response and stated he would investigate the matter further if she could provide the date of the incident. Dennis Batdorf addressed the City Council with his concerns on the budget deficit. Mayor Burd explained the shortfall was caused by lower housing permits however the budget is being adjusted to meet the problem. Mr. Batdorf pointed out that there are empty parcels of land in subdivisions not being taxed at the same rate as those with a house on them. He wanted to know who was responsible for this. Administrator McLaughlin stated that he met with the county assessor who explained that under Illinois law developers are given preferential treatment until the property is titled. The property remains valued at The Minutes of the Regular Meeting of the Citv Council — February 10, 2009 — Dage 3 the farm rate until it is built on. What is occurring is fair and legal under Illinois state statute. Attomev Orr added that the city is a victim of the taxing district and is not the taxing body. It is the county's function to assess property. Mr. Batdorf wanted to know what deals developers pull to get lower taxes. Mayor Burd explained that the city does not give deals in real estate taxes. Mr. Batdorf asked the City Council to work for residents and complain to Kendall County. Mayor Burd stated that the City Council can authorize staff to look into the matter. Terri Hancock, 1581 Orchid Street and manager of the Naperville Humane Society explained to the City Council that they teach bite safety because there are 800,000 bites per year which need medical attention. There are over one million bites per year that are not called to the attention of the authorities. She explained that it takes a lot to call the police on dogs. She stated that dogs want to chase squirrels and meet new people and other dogs. The only way to prevent this is to keep them on a leash or in a fenced yard. She encouraged the City Council to pass the new leash law so that residents have a law on their side to protect them from dogs. Carol Foster, 1312 Chestnut Circle, stated that she had not seen the new ordinance but hoped it would take care of the altered law. Jean McBride, 1212 Evergreen Lane, submitted a petition in support of the new ordinance (see attached). She also distributed pictures of dog bite victims and told the stories behind the attacks. She also informed the City Council about pet waste and its health hazards. Adalma Stevens, 1091 Hampton Lane stated that one week ago she took pictures of a neighbor who allows her dogs to run at large. She emailed the photos to the Police Department and City Council and thanked everyone for their responses. She stated that she was told by a police officer that he could not give out a ticket even though she had photos. The officer said he needed to see the dogs at large. He was very courteous to her and offered to speak to the neighbor which he did. Chief Martin apologized for the way the officer handled the call and explained that the photos were enough evidence. Mayor Burd recommended to Chief Martin that officers receive training if the new ordinance is passed tonight. CONSENT AGENDA 1. Ordinance 2009 -07 - Approving a Permanent Trail Easement Agreement with Raintree Village Homeowners Association - authorize Mayor and City Clerk to execute (EDC 2009 -06) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Werderich; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, Werderich -aye, Spears -aye, Mums -aye, Sutcliff -aye, Allen -aye PLAN COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Mums to approve the minutes of the City Council meeting of January 13, 2009; seconded by Alderman Golinski. Alderman Spears noted an error on page 2 under the Plan Commission report. It indicates that a motion was made by Alderman Allen Golinski_ Clerk Milschewski stated she would check her notes and correct the minutes. Mayor Burd entertained a motion to approve the minutes as corrected. So moved by Alderman Allen; seconded by Alderman Golinski. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Mums to approve the paying of the bills listed on the Detailed Board P,eport date( February 3, 2009 totaling the following amounts: checks in the amount of $417,284.06 (vendors); $299,216.06 (payroll period ending 1/31/09); for a total of $716,500.12; seconded by Alderman Gol*ki. Alderman Spears questioned the bill for United Parcel Service on pages 28 and 29 in the amount of $240.0. She 4skeq }f the City Council could get a better breakdown of the money spent. Director Mika stated she would provide the information. The Minutes of the Regular Meetin of the Ci Council — Februa 10 2009 — a e 4 g tV rV Q � Mayor Burd asked if Alderman Spears could have asked staff this question earlier so they could have researched the answer. Alderman Spears indicated that she is unable to contact the staff during the day due to her work schedule. Motion approved by a roll call vote. Ayes -6 Nays -0 Mums -aye, Spears -aye, Sutcliff-aye, Werderich -aye, Golinski -aye, Allen -ave PUBLIC SAFETY COMMITTEE REPORT Ordinance 2009 -08 Amending the Code of Ordinances Providing for the Regulation of Animals (CC 2009 -13) A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances providing for the regulations of animals and authorize the Mayor and City Clerk to execute; seconded by Alderman Golinski. Attorney Orr explained that she realized there were two chapters addressing anima and there was confusion between domestic and dangerous animals. She combined both chapters into the new ordinance which now addresses domestic animals, inoculations for pets, animals runnin nin at large, etc. Under this ordinance the police can investigate and if an animal is dangerous they can impound the animal. She stated that comments from the police department and the City Council were addressed and the ordinance has been re -written into a better document. Alderman Spears thanked everyone for expressing their concerns. She noted that Chief Martin submitted a memo addressing the original ordinance change explaining that it would cause a public safety issue. She asked the City Council to listen to the Chief and residents in the future however if then ordinance hadn't been amended, the city would not have this new, better written ordinance. Alderman Munns agreed with Alderman Spears. He stated that with the new ordinance the police can impound animals if necessary. He reminded pet owners to be responsible and residents who see a violation to call the police. Mayor Burd stated that the city needed to partner with residents. If the police don't respond appropriately, residents should contact her as Chief Martin and the police report to her and she will discuss any problem with the Chief Alderman Sutcliff appreciated everyone's efforts through email and telephone calls because it brought the problem to light. She stated that the intention is not to call attention to problems between neighbors but to protect the public safety. She clarified that if the responding officer sees the animal the person calling in the offense does not need to be involved. If not, the caller will be asked to make a complaint. Aldermen Werderich thanked everyone for their input and Alderman Golinski stated he was glad some had a change of heart regarding the ordinance. Motion approved by a roll call vote. Ayes -6 Nays -0 Allen -aye, Sutcliff -aye, Mums -aye, Spears -aye, Werderich -aye, Goisnski -aye REPORTS MAYOR'S REPORT Proclamation for National Engineer Week (CC 2009 -08) Mayor Burd read the proclamation for National Engineers Week, February 15 -21, 2009 (see attached). Zoning Commission Appointments (CC 2009 -09) Mayor Burd entertained a motion to approve the appointment of Mike Crouch (Plan Commission), Jeff Baker (Zoning Board of Appeals), Greg Millen (Chamber of Commerce), Ralph Pfister (Yorkville- Bristol Sanitary District), Gary Neyer (residential developer), Phil Haugen (banker) and Pete Huinker (engineer) to the Zoning Commission. So moved by Alderman Werderich; seconded by Alderman Allen. Alderman Spears asked how people were solicited for the commission. She requested that the City Council get the resumes and letters of interest from the candidates. She also questioned the qualifications of the individuals and asked if this was publicized. The Minutes h Regular M in f h — es o the eet g o the City Council — February 10.2009 aaLye 5 Mayor Burd noted that some of the individuals have met with Director Miller twice already. She explained that people were called and asked to serve. Two of the people are already on the Plan Commission and two individuals were recommended by Director Miller. Director Miller added that staff looked to have a well rounded commission. Mr. Neyer and Mr. Huinker bring their expertise to the commission. He also indicated forms for interested parties were available in the clerk's office. Mayor Burd suggested that this be tabled and she asked that the information from the state statute regarding this be distributed to the City Council along with information about the candidates. She explained that this is not a permanent commission, the mayor has the right to appoint and that the City Council cannot make the selection. Alderman Golinski explained that this commission was discussed at the Economic Development Committee and that with so many new residents it could be beneficial to advertise in order to get new faces on commissions. A motion was made by Alderman Allen to table this until the February 25, 2009 meeting; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -6 Nays -0 Sutcliff -aye, Munns -aye, Spears -aye, Werderich -aye, Golinski -aye, Allen -aye, Allen -aye Resolution 2009 -08 Approving Authorized Agent of the United City of Yorkville to the Illinois Municipal Retirement Fund (CC 2009 -10) Mayor Burd entertained a motion to approve a resolution approving an authorized agent of the United City of Yorkville to the Illinois Municipal Retirement Fund and authorize the Mayor and City Clerk to execute. So moved by Alderman Werderich; seconded by Alderman Spears. Director Mika explained that due to the resignation of the human resource manager there was a need to appoint a new representative to the Illinois Municipal Retirement Fund. Motion approved by a roll call vote. Ayes -6 Nays -0 Werderich -aye, Golinski -aye, Allen -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye Downtown Business Meeting Mayor Burd reported that on February 9, 2009 she attended a downtown business meeting at the Masonic building. She stated that thirty people attended and it was a good meeting with round table discussions on how the business could improve economics in the downtown area. Staff provided information on financial help and marketing plans. Also discussed was the widening of Route 47 and parking issues. The business owners were complimentary to the staff and were very open to assisting them. Ten people offered to form a committee to investigate making Yorkville a "main street" community. There will be more information provided at an Economic Development Committee meeting. CITY COUNCIL REPORT Suggested Procedures — Ordinances (CC 2009 -11) Alderman Spears asked the City Council to consider holding public forums on any action that affects the majority of residents such as the parking and dog ordinances. She suggested following what the General Assembly does with having one reading of an ordinance before it is voted on. Alderman Allen commented that he wished he knew what this was about and he felt that more infmmation should have been presented to the City Council so they could be better prepared to discuss it. Alderman Spears noted that she has previously mentioned this at City Council meetings so no one should be surprised to see it on the agenda. Alderman Werderich felt it was a good idea if the process could be streamlined. He felt the concept should be pursued. A motion was made by Alderman Munns to send this to the Administration Committee for fiuther discussion; seconded by Alderman Allen. Motion approved by a roll call vote. Ayes -6 Nays -0 Munns -aye, Spears -aye, Werderich -aye, Golinski -aye, Allen -aye, Sutcliff -aye The Minutes of the Rezular Meeting of the Citv Council — February 10, 2009 — Daze 6 State of Illinois Whistleblower Reward and Protection Act (CC 2009 -12) Alderman Spears explained that this act has been in existence since 1991 with a revision in 2007. She asked the City Council to pass a resolution adopting the provision of which allows residents to "whistle blow" if they feel something is not above board. Mayor Burd stated that she did not have a problem with this but the city is subject to state law with the City Council required to uphold it. She suggested that information about the act could be distributed at city hall and place on the city's website. She explained that this is not enforced at the city level but by the state. Alderman Werderich asked for the "readers digest" version of the act. Attorney Orr explained that if anyone has information on illegal actions they can present it. The law was enacted so that average citizens can get recourse if retaliated against_ Alderman Werderich stated that he would not like this to fit under the city's adjudication process. Mayor Burd asked the City Council if they wanted a resolution developed. Alderman Spears stated she would like to see the City Council pass a resolution of support and that a draft resolution was available on the state's website. A motion was made by Alderman Spears to direct sta.ffto develop a resolution that will support the Protection Act; seconded by Alderman Golinski. Alderman Allen commented that since the city is covered by the state law it would be a waste of the staffs time. He asked if the Protection Act was posted in the cafeteria_ Alderman Sutcliff commented that she hoped if residents saw anyone doing anything wrong they would contact the Police Department. She agreed with Alderman Allen and stated that she did not see the reason to spend money to draft a resolution. Alderman Munns questioned who on the staff would be drafting the resolution and was told that either Assistant City Administrator Olson or the clerk's office could do it in about half an hour of time. Alderman Werderich noted that if this was put on the books as an ordinance, the enforcement of it would need to be stated. He agreed it was good to adopt but he has concerned with how it would be drafted. Mayor Burd clarified that this would be presented as a resolution of support for the state ordinance. Alderman Werderich stated he was 100% behind a resolution and publication of it. Alderman Allen asked Administrator McLaughlin to see if there was a poster regarding the Protection Act posted in the cafeteria. Administrator McLaughlin checked in the city hall lunch room and confirmed there was not poster concerning this hanging in the room. Mayor Burd explained that the concern is to make the public aware of the Act not just the staff. Motion approved by a roll call vote. Ayes -4 Nays -2 Spears -aye, Werderich -aye, Golinski -aye, Allen -nay, Sutcliff-nay, Munns -aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT Clerk Milschewski gave a report on the objection made to the candidate runnin for Ward IV alderman (see attached). She stated that it has been called to her attention by the local press that the mayor and a member of the City Council felt the whole incident was her fault and an embarrassment because she did not make the election paperwork available to candidates. Mayor Burd stated that she did not make any such comment and that she respected Clerk Milschewski's right to make the determination regarding the availability of election paperwork. She stated that she was aware of other clerks following this procedure and understood it was done to protect the city. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Census Administrator McLaughlin reported that the preliminary census figures are in and Yorkville's population is at 16,813 which is up 5,609 from the 2005 census. The increase will bring additional revenue to the city. The in f h R 1 r M in f i — e utes o the eQU a eet � o the C tv Council — February 10, 2009 cage 7 IDOT Meetings Administrator McLaughlin reported that he met with IDOT regarding improvements to Route 34 from Center Parkway to Cannonball Trail and Route 47 to Orchard Road. IDOT is actively pursuing a design plan. He also met with IDOT to discuss the entrance to the emergency room at the Rush - Copley Center. There are some challenges but IDOT is assisting the facility with them. Mayor Burd added that there was a strong feeling at the meeting that a capital bill will be forth coming soon and that the widening of Route 47 is at the top of the list. Administrator McLaughlin noted that 131 pieces of property are needed along the route. Alderman Sutcliff asked Administrator McLaughlin if the Routes 34 and 47 projects were not considered for stimulus funds because they are not ready. Administrator McLaughlin stated he didn't hear this but wouldn't be surprised if this was true. New Communication Procedure Administrator McLaughlin reported that a new policy regarding communication with the aldermen was implemented. As questions come in to staff, the questions and answers will be shared with all elected officials via email. Mayor Burd added that there never was a policy implemented that staff had to write up conversations they had with the aldermen so she instituted this in order to get information to the Council. AT &T V -verse Administrator McLaughlin reported that a couple of boxes used for the AT &T v -verse program have been located on the city's borders specifically at Grande Reserve and Country Hills. These areas can access the service. Alderman Golinski asked if any franchise of peg fees were discussed. Administrator McLaughlin stated that fees are being paid and continue to increase. FINANCE DIRECTOR'S REPORT Budget Meeting Set Director Mika noted that there would be a budget meeting on February 21, 2009 at 9:00 and that she sent emails to everyone regarding this. Mayor Burd questioned if the date for the goal meeting had been set and Administrator McLaughlin stated that he thought City Secretary Olsem had polled the City Council in order to get a common date. He stated he would look into it further. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Tobacco Check Chief Martin reported that the Police Department conducted a tobacco compliance check and there were no violations. BASSET Class Chief Martin reported the Police Department held a BASSET class and thirty -two people participated which is the largest class yet. The next class is scheduled for February 23, 2009. Home Depot Anniversary Chief Martin reported that Home Depot held a I' Anniversary celebration with 100 kids in attendance. McGruff the Dog made an appearance and everyone was pleased with the event. DIRECTOR OF PARKS & RECREATION'S REPORT New Intern Director Mogle introduced the new intern, Joe DeCiccio from Illinois State University, who will receive credit for his work with Yorkville. Director Mogle noted that Mr. DeCiccio has served two tours of duty in Iraq as an infantry soldier. Mayor Burd welcomed him to Yorkville. AED Director Mogle reported that the city received an AED unit to be used at the code blue unit at the Riverfront Park. It was donated by Rush - Copley and he thanked Alderman Munns for facilitating the donation. Alderman Spears asked if staff has been trained on the unit and Director Mogle stated that they had. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT No report. The Minutes of the Reeular Meeting of the Citv Council — February 10, 2009 — uaee 8 COMMUNITY & LIAISON REPORT Library Board Alderman Allen reported that he attended the Library Board meeting where they discussed the computer classes they will be offering. Also discussed was forming a Library District which still a long way off. The board is evaluating costs and he suggested they work with the city on this matter. Kendall County Plan Commission Alderman Werderich reported that he attended the Kendall County Plan Commission annual meeting where the chairman of the Yorkville Plan Commission, Anne Lucietto, gave a presentation. He reported that there is more information on both the city and county's websites. Viola Adjusting Routes Administrator McLaughlin reported that the city's waste hauler, Viola, is making adjustments to its routes. Letters with information on the change of pickup dates will be affixed to the garbage cans of those affected. Prairie Parkway Meeting Mayor Burd reported that the chairman of the Kendall County Board, Anne Vickery, asked her to attend a meeting regarding the Prairie Parkway at the Illinois Tollway Department. She arrived early and went in with others in attendance. She stayed from 9:00 to 11:00 a.m. but had to leave before they addressed the Prairie Parkway. Ms. Vickery was encouraging the Tollway Authority to take over the project and she went along to see what was going on; not to oppose or support the project. She asked the Economic Development Committee to place this matter on their agenda for further discussion. Alderman Golinski agreed. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2009- 09 Approving an Amendment to the Annexation Agreement Of Hinsbrook Bank Trust #03 -008 (Laniosz Commercial Property, Route 71) (PC 2008 -28) A motion was made by Alderman Golinski to approve an ordinance approving an amendment to the Annexation Agreement Of Hinsbrook Bank Trust 403 -008 (Laniosz Commercial Property, Route 71) and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Werderich -aye Ordinance 2009 -10 Amending the Code of Ordinances Regarding Signs (EDC 2009 -05) A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances regarding signs and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Spears noted that there were to drafts of the ordinance in the packets and questioned which one was correct. Clerk Milschewski explained that the first draft of the ordinance was inadvertently placed in the packets and that the second copy in the packets was the correct one. Attorney Orr added that the first draft of the ordinance contained a Scribner's error which was corrected in the second copy. Alderman Spears asked if the concern about logos on windfeathers was addressed and Director Miller stated that this was addressed and those with logos require a permit. Motion approved by a roll call vote. Ayes -6 Nays -0 Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Werderich -aye, Gohnski -aye ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Empty Lots Alderman Werderich followed up on Mr. Batdorfs complaint regarding empty lots. He questioned if the city could approach legislators to change the current law. He stated that the city stands to lose tax dollars i I The Minutes of the Reeular Meeting of the Citv Council — February 10, 2009 — Mee 9 on these lots because they will be assessed at a farm rate until they are sold. Mayor Burd stated she would like this investigated further however the problem is that this land was purchased under the current law. She cautioned the City Council to not do something that would hurt people. Attorney Orr explained that closer to Chicago subdivisions were not taxed in this way and when they went into foreclosure they lost the ability for cohesive development. The consequences of this could be devastating and she explained what happens in these situations. Alderman Golinski suggested putting this on an Economic Development Committee agenda for further discussion. Beecher Center Alderman Sutcliff asked for the expenses on the Beecher Center which is being used by Senior Services. She asked if the City Council could begin looking at a contract for the center's use and asked Alderman Munns to place this on the Administration Committee agenda. Alderman Munns agreed. EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Golinski; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -6 Nays -0 Spears -aye, Sutcliff -aye, Werderich -aye, Golinski -aye, Allen -aye, Munns -aye The City Council entered into executive session at 9:47 p.m. The City Council returned to the regular session at 10:33 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Golinski; seconded by Alderman Munns. Motion approved unanimously by a viva voce vote. Meeting adjourned at 10:33 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING February 10, 2009 PLEASE PRINT N ADDRESS: 4 I t, 111I � (1 (Amefon Ha4ve 8 ( HAAQ - To �J L N. LI i" = >i KvrsKi _l �D 1 �2vt4 /- T oe c; c La 0% I ti 1 "11dU loud 0suy1) .r. t; -J ce Q i 1 1 i e ?OSe n0 u _J dos S Jx . 4 Gjk ��- Ac 8,,,,Ae, REGULAR CITY COUNCIL MEETING February 10, 2009 PLEASE PRINT NAME: ADDRESS: I c (a c� �sev 1,Azzq -�eAAjKLIo Z l z 5P2 KI C., j Ze� ---- rojj I R", o A 61 cowwo/c) Dx, YO� C JT 7 nbe SIGNIN i i We the undersigned Yorkville residents believe that the safety of the citizens takes priority over the rights of dog owners to have their dogs loose on their property without supervision. The former ordinance required dogs to be restrained on the owner's property with a leash unless they were in an enclosed dog run, fenced in backyard, or electric dog fence. We ask that the council return the ordinance to its original form. 1 offense: warning; 2 "d $25.; 3` $50. Please Print: NAME ADDRESS ► �� Z", ,- , l� I S 9/ ( — I to U o-I C) 1 con 4 to" 4 I 3clCr &r +ra jjd _ar,ux / V arkL, J, LN 1.13 r-7 4;-/ Dqi 309 c1 - sT.,r, CI e �o Rf'►��c« 3-4 C- ' go fAi-f �. LfOP 93"-� V--T-u r l IQll. �4P -55 v, - ��—� l 3 0 C W a rd � �asi`c�efi� We the undersigned Yorkville residents believe that the safety of the citizens takes priority over the rights of dog owners to have their dogs loose on their property without supervision. The former ordinance required dogs to be restrained on the owner's property with a leash unless they were in an i enclosed dog run, fenced in backyard, or electric dog fence. We ask that the council return the ordinance to its original form. 1" offense: warning; 2 " $25.; 3' $50. Please Print: I NAME ADDRESS ►� fi��,� � %� �� E . �C, 1 —Y�j/' � L rw iG r A - .,, Ile -f C -Z ;� _�S i�.l�.? i /lu,iG,&'v',c'.i✓ ✓,j:i J it kr 22G,) 11 ' �%v�.,� � i�, �.i1 � � t'! ✓/ " i " h• !� !� 11! �1 1 i ll,} �+1 N r�� f 4 J U (7 rso n ! 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' -��_ ..- . -,• ^ -- - - - -^ �.- .- , r - - - --- . . -ter -^ :��..:r•... :i�� \►. .:.I�1�,t\`��.:i:'I�1; 1t 1t``.i::.' / ,, 1',`..... /j � 1 \`�..:i.'I %j � 1 \`�a:.:I�j I 1 ��.t-l'j �' \,��iil %/ � 1 \`��•�� ►1 / I , I, ...11L ... !1t : :: J1L ...11ti' :.. lh - -'�• , ��WAFdrffA?lr OR CLERKS REPORT City Council Meeting February 10, 2009 As you know an objection was made to one of the candidates running for Ward 4 alderman. Yesterday, as Municipal Election Officers, Mayor Burd, Alderman Spears and I, convened to make a ruling on the objection. The objection was sustained due to the pages of the candidate's petition not being numbered. Mr. Anthony Berry's name will not appear on the ballot. It has been called to my attention by the local press that the mayor and a member of the City Council feel this whole incident was my fault and an embarrassment because I did not make the election paperwork available to candidates. Assisting candidates by making election materials available is a choice some clerks make. On the advice of the law firm of Ancel Glink who represents the Illinois Municipal Clerks, I made the choice that the clerk's office would not distribute information but refer people to the Illinois State Board of Elections website. The information on the website is exactly what we would have printed off, at taxpayer's expense, and distributed. Neither Deputy Clerk Pickering nor I would have taken this any further. We would not have offered any advice, including how to bind and number pages, with the distribution of election materials. It is ludicrous to think Mr. Berry's errors in his paperwork would have been avoided if he had received his election materials from the clerk's office. I feel the objection filed calls attention to the possibility that the city could be open to a lawsuit if incorrect information or paperwork is inadvertently distributed and I stand by my decision. I CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before TERESA S. GRANDCHAMP, C.S.R., on February 10, 2009, at the hour of 7:00 p.m., at 800 Game Farm II� Road in the City of Yorkville, Illinois. i, D- 870609 REPO • COURT reporting service DUPAGE COUNTY KANE COUNTY 1212 S. Naper Blvd., Ste. 119 -185 630- 983 -0030 • Fax 630 - 907 -9710 1051 Ketel Ave. Naperville, IL 60540 Email: depocourt@comcast.net North Aurora, IL 60542 2 1 P R E S E N T: 2 MS. VALERIE BURD, Mayor; 3 MR. BOB ALLEN, Alderman; 4 MR. GARY GOLINSKI, Alderman; i 5 MR. MARTY MUNNS, Alderman; 1 6 MS. ROSE ANN SPEARS, Alderwoman; 7 MS. ROBYN SUTCLIFF, Alderwoman; I 8 MR. WALLY WERDERICH, Alderman. 9 10 11 MR. BRENDAN McLAUGHLIN, City 12 Administrator; 13 MR. WILLIAM POWELL, City Treasurer; 14 MS. JACQUELYN MILSCHEWSKI, City Clerk. 15 iI r 16 A P P E A R A N C E S: 17 BY: MS. KATHLEEN FIELD ORR, 18 appeared on behalf of the United 19 City of Yorkville, Illinois. 20 - - - 21 22 I, 23 24 Depo•Court Reporting Service (630) 983 -0030 I I 3 1 (Pledge of Allegiance) 2 (WHEREUPON a portion of 3 the proceedings was not 4 herein transcribed.) 07:06PM 5 MAYOR BURD: The next item on our agenda 6 is a public hearing, PC 2008 -28, Daniel A. 7 Laniosz, petitioner, has filed an application with 8 the United City of Yorkville requesting a site 9 plan amendment to the annexation agreement. The 07:07PM 10 real property consists of 3.127 acres, located at 11 803 West Stagecoach Trail, Yorkville, Illinois. 12 Is someone here to speak on behalf 13 of the petitioner? 14 MR. VESLEY: I rep- -- this property 07: 07PM 15 is -- 16 MAYOR BURD: Sir, would you mind coming 17 up to the podium and stating your name once again, 18 I'm sorry -- 19 MR. VESLEY: Okay. 07:07PM 20 MAYOR BURD: -- but for the record. 21 MR. VESLEY: All right. As I indicated 22 during the introduction, my name is Jim Vesley, 23 and I represent the Thistle Stop Garden Shop. 24 That's the business that's located on this Depo•Court Reporting Service (630) 983 -0030 4 1 property. And we just are petitioning to expand 2 some of our storage area onto an adjacent lot that 3 we own. It's all contiguous property, but the 4 original site plan didn't allow for some of our 07:08PM 5 growing stock to be stored on this lot next door. 1 6 So we're just petitioning to be able to do that. I 7 So I'm just here to observe, pretty 8 much. I really didn't have anything to say. I'm 9 here in case anybody has any questions for the 07:08PM 10 company. I'll try to answer them to the best of 11 my ability. 12 MAYOR BURD: Okay. Is there anyone here 13 in the audience who would like to question this .� 14 petitioner? Do we have any questions from the 07:08PM 15 public? No. i i 16 Do we have any questions from the 17 aldermen? Alderman Werderich. 18 ALDERMAN WERDERICH: I have a couple 19 questions. First ones are directed at staff and 07:o9PM 20 legal counsel. 21 In the draft document that we've 'i 22 got, paragraphs 5 and 6, they're a little bit 23 unclear to me, and I was just wondering what those 24 meant in terms of any portion of the First Depo•Court Reporting Service (630) 983 -0030 i 5 1 Amendment becoming unenforceable. 2 MS. ORR: What page are you on? i 3 ALDERMAN WERDERICH: I am looking at, on 4 the electronic document, page 20 of our packet. I - 07:09PM 5 don't think that the page -- the numbers are 6 paginated in terms of the -- 7 MS. ORR: This was a document that was 8 approved in 2006. What we're considering now is 9 just an amendment. So unfortunately I don't think 07:09PM 10 I can answer your question. 11 ALDERMAN WERDERICH: This is the one 12 that hasn't been approved yet. This is the one 13 that's yet to be -- 14 MAYOR BURD: The amendment? 07:09PM 15 ALDERMAN WERDERICH: Yeah. I! 16 MS. ORR: What paragraph? 17 ALDERMAN WERDERICH: It's page -- 18 paragraph 5 and 6. And it might just be 19 semantics. There is a lot of language in there 07:IOPM 20 about the First Amendment that I'm just curious as 21 to -- 22 MS. ORR: No, no, no, it's -- the name 23 of the document is this first amendment. 24 ALDERMAN WERDERICH: Okay. Depo•Court Reporting Service (630) 983 -0030 6 1 MS. ORR: That's what it is. 2 ALDERMAN WERDERICH: All right. 3 MS. ORR: It's not referring to the 4 First Amendment. 07:10PM 5 ALDERMAN WERDERICH: Okay, got you. 6 Contained in this first amendment. All right. I 7 Good. 8 MS. ORR: Now you know why I have to 9 print my documents to read it. 07:10PM 10 ALDERMAN WERDERICH: Good. You know 11 what? It's the $2 law school that made me think 12 that the -- 13 MS. ORR: No, it's reading them on your 14 machine as opposed to in front of you. 07:10PM 15 ALDERMAN WERDERICH: All right. So 16 another one that I had is: What's being stored on 17 that property right now? I've had some calls from 18 one of the neighbors of your property, and from 19 what I understand everything is -- the way that 07:loPM 20 this is all set up, he's fine with it, but one of 21 his concerns was what was going to be stored back 22 there and what was your future use for storage, at 23 least in the back part of the property. 24 MR. VESLEY: Yeah, the -- what's on the Depo•Court Reporting Service (630) 983 -0030 7 1 property or on that particular parcel right now is 2 what we were planning to use it for. I guess we 3 assumed that we were okay to store some of our !.' 4 growing stock, balled and burlapped trees, flats 07:11PM 5 of flowers or something, not realizing that the 1 6 original annexation agreement didn't allow -- or 7 didn't allow for that. 8 So what's on the -- that parcel now 9 is pretty much what we were planning to use it I 07 :11PM 10 for. We're just trying to get permission to do 11 what we've already been doing with it. It just 12 wasn't written into the first annexation I 13 agreement. So -- i !j 14 ALDERMAN WERDERICH: Travis, can I ask 07:11PM 15 you to speak to -- I understand that you spoke 16 with one of the neighbors over there and that !' 17 there were some concerns that were rectified. And 18 how were those rectified? 19 MR. MILLER: Sure. The adjacent 07:12PM 20 property owner to the east attended the public �I 21 hearing at the Plan Commission level and voiced i 22 some concerns regarding the uses and making sure 23 that appropriate buffers were put along the 24 property line. Depo•Court Reporting Service (630) 983 -0030 i 8 1 The City ordinance, the landscape j 2 code, requires a landscape buffer yard between a 3 nonresidential and a residential use, which is the 4 situation we have here. 07:12PM 5 One of the complexities on this site 6 is the wooded area on the eastern portion of the 7 petitioner's property. It prevents feasibly 8 installing a berm and a buffer yard as is 9 contemplated under the landscape ordinance. 07:12PM 10 So what was proposed here on the 11 site plan was to install shrub material that would 12 fill the void between the canopy of the trees and 13 the surface along the property line. j 14 So the -- both the attachment to the i 07:12PM 15 amendment, as well as the text in the agreement i 16 speaks to the buffer yard, quantity of shrubs that 17 need to be installed, a date of May 25th for the 18 material to be installed, and a provision to 19 maintain that material as a buffer yard. 07:13PM 20 That particular property owner, I'm 21 assuming it's the same one that has spoken with 22 you, was in the office yesterday. He reviewed the 23 application, reviewed the site plan, and indicated 24 that he had no further concerns, that everything Depo•Court Reporting Service (630) 983 -0030 9 1 that he had spoke to at the Plan Commission public 2 hearing he felt was addressed. He was aware of 3 the public hearing this evening. So -- 4 ALDERMAN WERDERICH: Great. And I spoke 07:13PM 5 to him on the telephone as well, and that was the 6 understanding that I had, and I thank you for 7 working with him at the City in trying to get that 8 squared away. 9 Another question that I had in terms 07:13PM 10 of this, and, Travis, if I could have you speak to 11 this -- 12 MR. MILLER: Sure. I 13 ALDERMAN WERDERICH: -- is the trail li 14 alignment. 07:13PM 15 MR. MILLER: Sure. II 16 ALDERMAN WERDERICH: I guess my concern 1 17 is that at this point when we do the annexation, 18 we just have an agreement to negotiate in the 19 future. i 07:13PM 20 MR. MILLER: Right. The annexation I : 21 agreement for this territory was approved in 2006. i 22 The site plan that was attached to the annexation 23 agreement didn't include this 1.124 -acre area. So 24 that although we're amending what's in front of Depo•Court Reporting Service (630) 983 -0030 10 1 you, the proposal and the request is to amend the 2 annexation agreement to include the site plan. I 3 The property is developed by and 4 large. It's not being subdivided. So there was 07:14PM 5 discussion as this went through the plan review, 6 staff plan review and at the Plan Commission level 7 regarding two things, the trail alignment that's 8 proposed by the Comprehensive Plan and the Parks 9 and Recreation Master Plan, that it follows the 07:14PM 10 creek that basically is the eastern border of this 11 property, as well as the Beecher Road alignment. 12 The future Beecher Road extension in i 13 the Comprehensive Plan and the earth care plan 14 (phonetic) recommends a southward extension that f 07:14PM 15 intersects 71. 16 The actual alignment for that has 17 not been determined conceptually. It's shown, you 18 know, in very close proximity to this property. 19 It may be at the edge of the property line, but 07:15PM 20 the engineering hasn't been done, the topography 21 and the studies haven't been done to determine 22 where that right -of -way would need to be secured 23 in order to construct the road. 24 So the staff's recommendation Depo•Court Reporting Service (630) 983 -0030 11 I through the public hearing discussion and 2 testimony offered at the Plan Commission, the 3 ultimate recommendation for coming to you tonight 4 is to include two provisions in the annexation I 07:15PM 5 agreement when the site plan is amended, both 6 provisions talking about -- one speaking to the 7 future trail alignment and the second speaking to 8 the Beecher Road right -of -way. 9 Just acknowledging that both parties 07:15PM 10 have the agreement, one party being the City, the 11 second being the property owner, acknowledge that 12 the Comprehensive Plan contemplates that facility '! 13 in the future and both parties agree to negotiate i 14 in good faith at the time those facilities would 07:15PM 15 be constructed. i I l I ii 16 Again, if the property -- typically 17 if the property is being subdivided, being 18 developed, access and right -of -way dedications are 19 often part of an annexation agreement on location. 07:16PM 20 This situation is slightly 21 different. It's a small piece of property for `. 22 one, and for two, we don't know for sure if either 23 one of those alignments, the trail or the road 24 right -of -way, is going to impact this property. i. Depo•Court Reporting Service (630) 983 -0030 12 1 So to require a dedication would be premature 2 without having that information. 3 So the staff recommendation was to 4 acknowledge it in the agreement that if the 1 07:16PM 5 property transfers, at least the owners, future 6 owners would be aware of this conversation and be 7 aware of what the Comprehensive Plan contemplates, 8 and then hopefully the language "in good faith" is 9 meaningful when that time comes. I I 07:16PM 10 ALDERMAN WERDERICH: Okay. Can you just 11 speak to -- I guess my thought on this -- and I'm 12 all for annexation, but I think that the City 13 loses an awful lot of leverage in terms of what we 14 would want to negotiate after the annexation takes 07:17PM 15 place. Yes, no? 16 MS. ORR: It was all -- those provisions 17 were in the 2006, which was already annexed, and 18 because we can't update it, I couldn't agree with 19 you more because there is nothing in my mind more 07:17PM 20 difficult than an agreement to agree, which is 21 what this is. 22 ALDERMAN WERDERICH: All right. I can 23 tell you that -- 24 MS. ORR: That's right. And I very much Depo•Court Reporting Service (630) 983 -0030 13 I 1 respect your pointing this out. I 2 ALDERMAN WERDERICH: But, I mean -- I 3 MS. ORR: So your law school was very i 4 good. 07:17PM 5 ALDERMAN WERDERICH: Well, my thought is 6 on this -- and with all due respect, I guess my 7 thought is -- I mean, at this point there is -- I 8 think that the City loses some leverage in the 9 future. It's not necessarily something that we -- 07:17PM 10 MS. ORR: Yeah, it was already lost in 11 2006 because this amendment only deals with the 12 usage of the 1.1 acres, and that was the agreement 13 originally and we have no additional information 14 to further it. 07:17PM 15 ALDERMAN WERDERICH: All right. I guess 16 then as a follow -up question on that, is the trail 17 easement in the new portion or in the old portion? 18 MR. MILLER: We don't know. 19 ALDERMAN WERDERICH: That's what I 07:18PM 20 thought. You did say that. 21 MR. MILLER: It hasn't been determined. 22 MS. ORR: It's all been annexed. We're 23 just reviewing the site plan. 24 MR. VESLEY: Yeah, this is not a Depo•Court Reporting Service (630) 983 -0030 14 1 petition to annex. The property is already wholly 2 annexed. 3 ALDERMAN WERDERICH: It's an amendment 4 to the annexation agreement. 07 :18PM 5 MS. ORR: I totally respect your point, 6 but we were already locked in. 7 MR. VESLEY: It's just to amend the use 8 of part of it. 9 MAYOR BURD: Can we ask -- can we ask 07:18PM 10 you what your opinion is on -- well, you don't own 11 the property, though. 12 MR. VESLEY: I don't own the property, 13 but I'm -- 14 MAYOR BURD: The property owner would 07:18PM 15 have to interpret. 16 MS. ORR: This was decided in 2006. 17 MR. VESLEY: He's authorized me to speak 18 for the company, though, so that's why I'm here. 19 MAYOR BURD: I'm just wondering what his 07:18PM 20 opinion would be on a trail going -- a trail going 21 through his property. 22 MR. VESLEY: He has said to me that he 23 would have no problem discussing that with the 24 City when and if the time comes, you know. He's Depo•Court Reporting Service (630) 983 -0030 i 15 1 not object- -- he has no objection to negotiating 2 for an easement. I 3 MAYOR BURD: Any other questions? 4 ALDERMAN WERDERICH: No. Thank you for 07:19PM 5 addressing my concerns, and I personally think 6 that, I mean, at this point, we've got some 7 bargaining power and -- 8 MS. ORR: But this is -- right. 9 MAYOR BURD: Anyone else have any 07:19PM 10 questions? No? 11 All right. Thank you for coming in. 12 MR. VESLEY: Okay. 13 MAYOR BURD: And the public hearing is ii 14 concluded. 15 (Which were all the 16 proceedings had at the 17 public hearing portion of 18 the City Council 19 meeting.) 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 16 1 STATE OF ILLINOIS ) SS. 2 COUNTY K A N E ) I 3 I, Teresa S. Grandchamp, a 4 Certified Shorthand Reporter, do hereby certify 5 that I reported in shorthand the proceedings had 6 at the hearing of the above - entitled cause and 7 that the foregoing Report of Proceedings is a 8 true, correct, and complete transcript of my 9 shorthand notes so taken at the time and place 10 aforesaid. 11 I further certify that my 12 certificate annexed hereto applies to the original 13 transcript and copies thereof, signed and 14 certified under my hand only. I assume no 15 responsibility for the accuracy of any reproduced 16 copies not made under my control or direction. 17 In testimony whereof, I have 18 hereunto set my hand this 5th day of March, A.D., 19 2009. 20 21 _� 22 Teresa S. Grandcham CSR 23 CSR No. 084 - 002853 24 Depo•Court Reporting Service (630) 983 -0030 17 0 access [1] - 7:6, 7:7 B 15:18 CSR [2] - 16:22, 11:18 amend (zj - Clerk [1] - 2:14 16:23 accuracy 11] - 10:1, 14:7 close 11] - 10:18 curious (1] - 084- 002853 [l] - 16:15 amended [1] - balled [1] - 7:4 code [1] - 8:2 5:20 16:23 acknowledge 11:5 bargaining [1] - coming [31 - [2] - 11:11, 12:4 amending 11] - 15:7 3:16, 11:3, 15:11 p acknowledging 9:24 becoming [1] - Commission (a) [1] - 11:9 amendment [8] - 5:1 - 7:21, 9:1, 10:6, 1.1 [1] - 13:12 acres [2] - 3:10, 3:9, 5:9, 5:14, Beecher [3] - 11:2 D- 870609 [1] - 10:11, 10:12, 13:12 5:23, 6:6, 8:15, company [z] - 1:24 1.124 -acre (1] - Daniel [�] - 3:6 9:23 actual [1] - 13:11,14:3 11:8 4:10,14:18 1011] - 1:12 10:16 Amendment (3] behalf (21- 2:18, complete (1] - date [1] - 8:17 additional [1] - - 5:1, 5:20, 6:4 3:12 16;8 deals [1] - 13:11 13:13 ANN [1] - 2:6 berm [1] - 8:8 complexities 11] decided [1] - 2 addressed I1] - annex [1] - 14:1 best [1] - 4:10 _ $ 14:16 9:2 annexation [12] between (2] - 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directed [l] - 8:15, 9:18, 9:21, applies [1] - 15:3,15:9, 15:13 3:10 4:19 5 9:23, 10:2, 11:5, 16:12 burlapped [1] - construct [1] - direction 11] 11:10,11:19, appropriate 11] - 7:4 10:23 16:16 12:4, 12:20, 7:23 business 11] - constructed (1] discussing [1j - 5 [2] - 4:22, 5:18 i I 13:12, 14:4 approved 13] - 3:24 - 11:15 1 5th [�] - 16:18 discussion [2] - ALDERMAN (22] 5:8, 5:12, 9:21 BY [1] - 2:17 Contained [1] - 10:5, 11:1 s - 4:18, 5:3, 5:11, area [3j - 4:2, 6:6 5:15, 5:17, 5:24, 8:6, 9:23 C contemplated document[a]- 6:2, 6:5, 6:10, assume I1] - [1] - 8 :9 4:21, 5:4, 5:7, 6 [2] - 4:22, 5:18 6:15, 7:14, 9:4, 16:14 contemplates 5:23 9:13, 9:16, 12:10, assumed 111 - C.S.R [1] - 1:12 [z] 11:12,12:7 documents [1] - canopy [�] 6:9 'T 12:22, 13:2, 13:5, 7:3 contiguous (1] - 13:15, 13:19, assuming [1] - 8 :12 4.3 done [2] - 10:20, care [1] - 10:13 10:21 14:3, 15:4 8:21 control [1] - 71 Ill- 10:15 Alderman [5] - attached 11] - case [1] - 4:9 16:16 door [1] - 4:5 7:0011] - 1:13 2 :3, 2:4, 2:5, 2:8, 9 :22 certificate I1] - conversation 11] draft 11] - 4:21 4:17 attachment 11] - 16:12 - 12 :6 due 11] - 13:6 8 aldermen [1] - 8:14 Certified 11] - copies [z] - 16:4 during (1] - 3:22 4:17 attended (1] - 16:13, 16:16 correct 11] - 16:8 Alderwoman [z] 7:20 certified [1] - E 800 [1] - 1:13 - 2:6, 2:7 audience [1] - 16:14 COUNCIL [1] - 803 [1] - 3:11 certify [2] - 16:4, alignment [5] - 4:13 1:4 earth [1] - 10:13 9:14, 10:7, , authorized 1 16:11 [ ] Council [l] - /4 easement [z] - CITY [z] - 1:4, 10:16, 11:7 14:17 13:17, 15:2 alignments [1] - aware [3] - 9:2, 1:5 15:18 ' g City [13] - 1:14 counsel (l] - east [1] - 7:20 A.D 11] - 16:18 11:23 12:6,12:7 , 4:20 eastern [2] - 8:6, ability [1] - 4:11 Allegiance [1] - awful [1] - 12:13 2:11, 2:13, 2:14, COUNTY [1] - 3:1 2:19, 3:8, 8:1, 10:10 able (1] - 4:6 16:2 above- entitled ALLEN [1] - 2:3 9:7, 11:10, 12:12, couple [1] - 4:18 edge 11] - 1 : 2 2 [2] - 1:11, 16:6 allow [3] - 4:4, 13:8, 14:24, either [17 - 1 11:2 creek [1] - 10:10 Depo•Court Reporting Service (630) 983 -0030 18 electronic [1] - 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