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City Council Minutes 2009 10-13-09 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, OCTOBER 13, 2009 Mayor Burd called the meeting to order at 7:02 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Present Ward H Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Interim Director of Parks and Recreation Olson, Finance Director Mika, Public Works Director Dhuse, Police Chief Martin, Police Lieutenants Schwartzkopf and Hart, Community Development Director Miller, City Engineer Wywrot 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 Munn requested that Item 49 — Resolution Approving a Dress Code Policy (ADM 2009 -55) be removed from the consent agenda and placed on the regular agenda under the Administration Committee report. Amendment approved unanim ously by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:30 p.m., October 20, 2009 City Hall Conference Room Economic Development Committee: 7:00 p.m., November 3, 2009 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., October 15, 2009 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., October 29, 2009 City Hall Conference Room PRESENTATIONS None PUBLIC HEARINGS Kendall Land Development Kendall Land Development, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from the United City of Yorkville R -2 One Family District to a Planned Unit Development. The real property consists of approximately 51 acres located east of Route 47, between Van Emmon Street and Route 126, Yorkville, Illinois. Please see attached Report of Proceedings by Christine Vitosh, C.SRR from Depo Court Reporting Service for the transcription of this portion of the public hearing. The Minutes of the Regular Meeting of the Citv Council — October 13. 2009 — nage 2 CITIZEN COMMENTS Corey Johnson of Grace Drive and representing the Laborers Union commented that a few local contractors have read over previous meeting minutes addressing truck parking. He stated that contractors are against the truck parking ban. He stated that he has a friend who allows trucks to park on his property in the industrial park and if this is approved he will be in violation for allowing them to park there. He asked the City Council to think on how this ban will affect the community. Susan Lambke of Van Emmon Road expressed her concerns about the guard rail near her home that she was told the city was going to repair. City Engineer Wywrot explained that the city is working with IDOT to get this addressed. He has even called IDOT in Springfield but has not heard back from them. He stated that he is struggling with IDOT due to the guardrail's proximity to the driveway and that IDOT red tape is causing the delay in resolving this. Paul Burd of Hydraulic Street commented on the proposed truck parking ordinance. He felt that the ordinance would not have a positive effect on Yorkville because it treats trucking as a nuisance. He noted that everything brought into Yorkville arrives by truck and that local manufacturer's ship out by truck. He felt it was unfair to say that truckers are responsible for litter or to imply that they are buying and drinking alcoholic beverages. He explained that truck drivers are highly regulated and they are subject to stricter blood alcohol levels than ordinary motorist. Violations can cause them to lose their driving privileges. Their physicals, log books, etc. are also constantly monitored. He felt that if the ban is approved it would be inconvenient for truck drivers to park in Moms and shuttle back and forth to Yorkville. He noted that when drivers are parking overnight in Yorkville they are probably fueling up and this is a source of revenue for local businesses as well as the city. He felt that trucks are necessary for commerce and the economy. Ed Brengman commented that everyone feels the ban will kill commerce. He stated that as a resident he has to listen to the trucks runnin at the Shell station and he has to smell the diesel fuel. He noted that the Shell is a gas station not a truck stop. He did not feel a truck parking ban would shut down industry in Yorkville. CONSENT AGENDA 1. Ordinance 2009 -51 - Approving a Preliminary Plan and Final Plat of Subdivision for Medco Northgate Yorkville, LLC Subdivision (Rt. 47 & Galena) - authorize Mayor and City Clerk to execute (PC 2009 -11) 2. Ordinance 2009 -52 - Rezoning Certain Property in the Vicinity of Galena Road and Rt. 47 (JR Yorkville, LLC) - authorize Mayor and City Clerk to execute (PC 2009 -15) 3. Monthly Treasurer's Report for July 2009 (ADM 2009 -49) 4. Monthly Treasurer's Report for August 2009 (ADM 2009 -50) 5. Resolution 2009 -42 - Authorization to Close Checking Account and Transfer Funds (Castle Bank Checking Account No. 80947700 for Recreation Center Improvement) - authorize Mayor and City Clerk to execute (ADM 2009 -51) 6. Resolution 2009 -43 - Authorizing the Establishment of a Checking Account to Hold Pre - Payment of SSA Money for 164 -B Bertram Drive - authorize Mayor and City Clerk to execute (ADM 2009 -52) 7. Ordinance 2009 -53 - Amending the Code of Ordinances Regarding Date of Payment of Municipal Officers - authorize Mayor and City Clerk to execute (ADM 2009 -53) 8. Ordinance 2009 -54 - Approving Assignment and Pledge of Transition Fees from Grande Reserve Subdivision and Notice Thereof - authorize Mayor and City Clerk to execute (ADM 2009 -54) 9. Ordinance 2009 -55 - Approving a Final Plat of Subdivision for RWJ Yorkville, LLC - authorize Mayor and City Clerk to execute (PC 2009 -13) 10. Agreement Regarding Appointment of Successor Trustee for Variable Rate Demand Industrial Revenue Bonds (F.E. Wheaton and CO., Inc. Project) Series 2006 - authorize Mayor to execute (EDC 2009 -40) 11. Resolution 2009 -44 - Authorization to Participate in USDA Rural Business Enterprise Grant Application - authorize Mayor and City Clerk to execute (EDC 2009 -43) 12. Police Reports for July 2009 (PS 2009 -25) 13. Police Reports for August 2009 (PS 2009 -29) 14. Ordinance 2009 -56 - Amending the Code of Ordinances Providing for Liquor Control (Number of Liquor Licenses) - authorize Mayor and City Clerk to execute (PS 2009 -27) 15. Ordinance 2009 -57 - Approving a Fine Schedule for Pre - Payment of Certain Fines Pending Under Administrative Adjudication - authorize Mayor and City Clerk to execute (PS 2009 -28) The Minutes of the Regular Meeting of the Citv Council — October 13, 2009 — nage 3 16. Request to Dispose of 2002 Chevrolet Impala - authorize Police Department to dispose of 2002 Chevrolet Impala, aspresented (PS 2009 -30) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Gohnski; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Golinski -aye, Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Director Miller reported that the next Plan Commission meeting would be held on October 14, 2009 at the Library at 7:00 p.m. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliffto approve the minutes of the City Council meetings of August 25, 2009 and September 8, 2009; seconded by Alderman Golinski. Motion approved unanimously by a viva, voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliffto approve the paying of the bills listed on the Detailed Board Report dated October 8, 2009 totaling the following amounts: checks in the amount of $790,150.52 (vendors); $268,312.23 (payroll period ending 9/26/09); for a total of $1,058,462.75; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Teeling -aye, Golinski -aye, Gilson -aye REPORTS MAYOR'S REPORT Budget Update (2009 -82) Mayor Burd reported that Illinois state statute requires a mayor to give a state of the city report. She read her report regarding recent comments in local newspapers about the city being bankrupt (see attached). Windett Ridge Paving (2009 -83) Mayor Burd reported that the city has been advised that paving in the Windett Ridge subdivision will be completed this year. She asked the City Council to approve the curb-to-curb work. Mayor Burd entertained a motion to confirm that the City will accept improvements and reduce bonds on a phased basis. So moved by Alderman Golinski; seconded by Alderman Werderich. Alderman Gilson asked if the city has received anything in writing from the Bank of America (BAC) guaranteeing that the items on the punch list will be completed. Administrator McLaughlin stated that the only letter the city received from BAC is in packet and it only speaks to the road paving and the water issue on Claremont Court. Alderman Gilson asked if there were any legal concerns with reducing the bond issue in phases. Attorney Orr stated that the City Council may choose to do so. Alderman Gilson felt that the city should not reduce any bond issue until all the work is completed in the subdivision. Alderman Werderich asked if the work was required to be performed under the ordinance. Administrator McLaughlin stated that the only requirement, after three years of open payment, is that the final lift of asphalt will be installed. There is no requirement as to when the subdivision needs to be completed. The ordinance does not speak to sidewalks and no time line was given. Alderman Werderich stated that there are not enough bonds to complete the outstanding work and because of this he had a problem releasing the funds from the bonds. Alderman Teeling stated that the Public Works Committee asked for a dollar amount as to the work outstanding versus the bond amount. City Engineer Wywrot stated that there is a problem with putting The Minutes of the Reeular Meeting of the Citv Council — October 13, 2009 — nape 4 accurate costs to the unfinished work and staff would be guessing at the amounts however Administrator McLaughlin estimated that $400,000.00 of work has been completed. Mayor Burd was concerned as what alternative there would be to get BAC to perform if this is not approved. Both Administrator McLaughlin and Attorney Orr stated there was no other alternative. Mayor Burd stated that BAC needs to see this before they proceed with paving and if the subdivision is not paved, the drainage issues will remain. Alderman Gilson felt that the $1.2 million estimate did not cover everything and that the city should not reduce the bonds in order to protect itself. Administrator McLaughlin clarified that it did not cover the final grading, sidewalks, etc. Alderman Gilson noted the BAC could be gone tomorrow and he felt that reducing the bonds took away leverage. He asked if the matter could be tabled and Mayor Burd explained that if it was tabled the paving won't get done this year. Alderman Spears expressed her concern with BAC and the Grande Reserve subdivision. She stated that she has a problem with reducing the bonds because she felt they may ask for something in Grande Reserve., Alderman Werderich felt that this should be approved because it is the only way to accomplish addressing the resident's issues. Mayor Burd suggested reducing the bonds once the paving is done. Administrator McLaughlin noted that significant dollars are being expended in order to pave. Motion approved by a roll call vote. Ayes -6 Nays -2 Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator McLaughlin reported that the paving on Route 47 by Raging Waves has been completed and that the building on the northwest comer of Route 47 and Hydraulic has been slated for demolition. They are waiting for NICOR to turn off the gas and the work should start the first week of November. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that hydrant flushing was scheduled for this week north of the river and next week south of the river. Leaf pick up is scheduled for the week of November 9 on the south side of the river and November 16 ffi north of the river. CHIEF OF POLICE'S REPORT Chief Martin reported that the 4th Annual Senior Police Academy will be held on October 28, 2009 at the Kendall County Historic Courthouse from 9:00 a.m. to 3:00 p.m. Twenty -five speakers are scheduled to speak and Jimmy Johns will be providing lunch and no city funds are being used. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director Olson reported on the following: • There was a successful Playful City event yesterday with forty to fifty kids in attendance. One resident received eighteen out of twenty -one event stamps. • The Halloween Egg Hunt will be held at Town Square Park on October 24, 2009 at 7:00 p.m. f the Ci Council — October 13, 2009 — vase 5 The Minutes of the Resular Meettns o tv • The men's thirty and over basketball league was priced higher this year. Interested parties contacted the Recreation Department and asked if there could be fewer games so the price could be lower. The department has tried to be flexible so anyone interested should call the Rec Center. • There will be a senior fair on October 16, 2009 at the Beecher Center from 9:00 a.m. to 12:00 p.m. where the Park & Recreation Department will have a booth for the Rec Center. Alderman Munns noted that people interested in the basketball league are looking at joining the YMCA due to the increase in the cost at the Rec Center. He questioned the reason behind the increase. Mr. Olson stated that the increase was due to the financial issues with the center. The cost is needed to cover the program and meet the budget balance. Alderman Munn noted that with no one signing up, something would be better than nothing. COMMUNITY DEVELOPMENT DIRECTOR REPORT. No report. COMMUNITY RELATIONS OFFICER'S REPORT, Mrs. Spies reported on the following: • The Share and Care recycling event was being held at the Kendall County Fairgrounds. More information is on the city's website. • Channel 17 is now going to be showing the City Council meetings on Channel 10 with the first airing this Thursday at 7:00 p.m. Meetings will air on Thursday, Saturday and Tuesday evenings. Mayor Bard added that the city was still looking for sponsors and volunteers for the Holiday Under the Stars event on November 20, 2009 from 5:00 p.m. to 9:00 p.m. COMMUNITY & LIAISON REPORT, Library Board Alderman Plocher reported that he attended the Library Board meeting where the operational budget and tax levy was discussed. Kendall County Senior Providers Alderman Spears reported that she attended the Kendall County Senior Providers board meeting where they discussed: • Dates and places for flu shots • The Oswego antique and collectable auction on November 7, 2009 at the old Trauber High School. Proceeds will benefit a new senior center. • Oswego will be hosting the 6 Annual Health Fair at the Oswego High School field house on October 17, 2009 from 9:00 a.m. to 1:00 p.m. Northeastern Illinois Area Agency on Aging Alderman Spears reported that she attended the Northeastern Illinois Area Agency on Aging meeting where they discussed: • Seasonal flu shots are hard to get due to the HIN1 vaccine • Lockport has received a Governor's Award • A new Veterans Administration project will begin January 1, 2010 • The Senior Lifestyle Expo was held and the proceeds will go to the Meals on Wheels program • There will be a Holiday Meals on Wheels Brunch in December which will be hosted by Andy Avalos. Chefs from the area will be preparing food and the proceeds will go to the Meals on Wheels program. Ribbon Cuttings Alderman Spears reported that on October 2, 2009 she attended ribbon cuttings for Merlin's, where Alderman Golinski was present to cut the ribbon, and the Children of Ameri ca Children's Center. She welcomed both businesses to Yorkville. KenCom Alderman Spears reported that she attended the KenCom Finance Committee meeting where they discussed the bid results for the building. Aurora Area Convention and Visitor Bureau Alderman Sutcliff reported that she, Mayor Bard and Alderman Teeling attended the annual Aurora Area Convention and Visitor Bureau membership meeting at Reuland's Catering. She stated that it was a great opportunity to meet with the other partners in the AACVB. They discussed the Illinois Lincoln Highway Commission who created stops for tourist along Route 30. She stated that Yorkville could probably participate in the commission even though Route 30 does not run through Yorkville. The city would be included in their visitor guide and she felt it would be a great opportunity to create tourism for Yorkville. The Minutes of the Regular Meetine of the Citv Council — October 13, 2009 — page 6 Metro Mayor's Caucus Mayor Burd reported that she attended the Metro Mayor's Caucus workshop on the delivery of services. They investigated ways to provide more economical ways to provide services to municipal residents. She stated she would keep Chief Martin updated as there were recommendations for police departments. She noted that the city gets a lot of information through this partnership. REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT, Ordinance 2009 -58 Amending the Code of Ordinances Providing for the Regulation of Energy Systems (EDC 2009 -37) A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances providing for the regulation of Wind Energy Systems and authorize the Mayor and City Clerk to execute; seconded by Alderman Sutcliff. Alderman Gilson suggested that the wording on page 3, section F regarding non - reflective color be changed to state that the color be compatible with surrounding structures. He also suggested a change to the wording on page 4, item B; he felt it should state that there should be no adverse affect to surrounding properties. He reiterated his comments from earlier meetings regarding his issues with the agencies noted in the ordinance and with the enforcement of the ordinance. Alderman Plocher asked if Alderman Gilson's changes were discussed at committee. Alderman Golinski stated that the changes were discussed in regards to earlier amendments but he was not sure they were discussed in regards to this amendment. Director Miller stated that it was suggested to strike the language on page 3. He also noted that there was not change to the content of the ordinance since the last City Council meeting. Alderman Sutcliff stated that regular inspections are necessary however they will take up staff time and money to do. She felt that they were cost prohibitive and recommended they be removed from the ordinance. Alderman Munns agreed with Alderman Gilson's comments regarding the adverse affects to surrounding areas. Director Miller suggested that the wording be changed to "what is deemed appropriate ". Attorney Orr suggested that the wording be changed to "...the City Council may impose such conditions as are necessary to eliminate, if at all possible, any adverse affects..." Alderman Golinski felt that the wording "adverse affects" is subjective. He cited the Pearle Vision sign as an example. Mayor Burd noted that each special use permit comes before the City Council for a vote; if there are adverse affects, the City Council can deny the request. A motion was made by Alderman Munns to amend the wording on page 4; Item B of the ordinance per Attorney Orr's suggested; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -7 Nays -1 Sutcliff -nay, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye Alderman Gilson stated that it was previously discussed to strike Item F - Design on page 3 because it mentioned the systems being attached but he felt that the wording regarding the system blending with the surroundings is important and should remain. Alderman Plocher reiterated that the City Council would be voting on the structure and if it does not blend it should not be approved. He felt changing the wording would create problems. Attorney Orr stated that this would be covered under the amended wording already approved. Motion approved by a roll call vote. Ayes -6 Nays -2 Gohnski -aye, Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -aye i The Minutes of the Regular Meeting of the Citv Council — October 13, 2009 — Vage 7 PUBLIC SAFETY COMMITTEE REPORT, Off - Street Parking Regulations — Initiation of Zoning ordinance Text Amendment (CC 2009 -75) A motion was made by Alderman Werderich to direct the Plan Commission to conduct a public hearing regarding a proposed amendment to Title 10, Chapter 11, Section 3; seconded by Alderman Gilson. Alderman Werderich gave the procedural background to this item. He stated that direction was given for the wording of the ordinance to be tweaked concerning truck parking. The changes were made and now are being presented back to the City Council. Alderman Munns stated that not permitting truck parking in business districts is ironic. He stated that driving a truck is stressful and drivers need a place to rest. He stated that he has been driving by the gas station on Routes 47 & 71 for ten years and the trucks parking there have not interfered with his being a customer. Shell and the city will lose revenue due to the ban and the ban could also increase accidents because drivers are not resting. He stated he reviewed police reports and did not see any citations for drinking at the site. He stated he was against the ban. Alderman Golinski stated he was against the ban for many reasons. He clarified that the motion on the floor was for a public hearing and he stated he was not against hearing from the public with regards this. Director Miller explained that the Plan Commission conducted a hearing on this in 2008. Since then the language has been changed which requires that another public hearing be held. Alderman Spears also clarified that the City Council was voting on allowing the Plan Commission to have a public hearing for the proposed changes. She asked how much a public hearing was going to cost. Director Miller stated that the vote was to allow the public hearing which costs less than $200.00. Alderman Werderich indicated that this was a tough one which he worked on with staff. He stated that he is sensitive to the truck driving community but that this amendment is a result of his campaign. Ward I residents voiced their concerns with trucks being a nuisance especially when they idle over night. He is supporting the ordinance because of their concerns. He suggested that if the City Council does not pass the amendment that they consider an idling ordinance. Mayor Burd stated that she read the states idling ordinance and it does not pertain to drivers sleeping in their truck cabs and in fact it excludes them. Alderman Teeling stated that she saw both sides of this but she felt the ban should not be passed because it prohibits residents from parking and does not prevent idling. Alderman Gilson stated that drivers are sleeping overnight at the Shell station. He spoke with the Morris truck stop and spaces for overnight parking are to the rear of the business and not near homes. The truck stop also offers showers, garbage disposal, truck service, etc. He felt that the resident's concerns outweighed the truckers need for a parking area. He felt the situation has gotten worse over time and the matter should be resolved. He stated he was not against truckers but is against the issues caused by their parking at a facility not designed to be a truck stop. Mayor Burd stated that she has asked the code enforcement officer to go out to the gas station. The owners are working hard to provide garbage receptacles and she has asked that they be placed around the perimeter of the property. There has been less debris with subsequent visits and she felt that they are trying hard to address the issues. She stated that the owners have decided against the parking restriction signs as they may hurt their business. She noted that the amendment will impose something city -wide based on issues with one business. She questioned the distance from the gas station to the nearest house and Director Miller stated that he did not know the distance but would go out and measure it. Mayor Burd also noted that the lot across from this business is also loaded with parked trucks. Alderman Plocher felt that the public hearing was a moot point. He made a motion to call the question; seconded by Alderman Munns. Alderman Spears asked for legal clarification before voting. Alderman Plocher withdrew the motion. Alderman Spears asked if a public hearing was needed because changes have been made to the ordinance. Attorney Orr explained that a public hearing was necessary only if the City Council was adopting the changes. She felt that Alderman Plocher did not feel there was a consensus to approve the ordinance. The Minutes of the Reeular Meeting of the Citv Council — October 13. 2009 — uage 8 Alderman Sutcliff stated that the committee felt that the amendment would impede business. She noted that she has lived in Kendall County her entire life and that the gas station has been at this location for as long as she can remember. She stated that if people move near a gas station they shouldn't complain about the smell. She felt that the ban was a huge economic impact on businesses. She did not feel staff time or city funds should be spent on something that won't pass. She did not support the amendment. Motion defeated by a roll call vote. Ayes -4 Nays -5 Munns -nay, Spears -aye, Plocher -nay, Werderich -aye, Golinski -aye, Teeling -nay, Gilson -nay, Sutcliff-nay, Burd -nay ADMINISTRATION COMMITTEE REPORT Resolution 2009 -46 Approving a Dress Code Policy (ADM 2009 -55) A motion was made by Alderman Sutcliff to approve a resolution approving a Dress Code Policy and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Munns commented that the resolution addresses no gym shoes in office but does not address safety shoes under Field Attire. Also, he questioned "potentially offensive clothing" and asked who would be the judge of this. Attorney Orr suggested that "... terms, logos, pictures, cartoons or slogans" be struck from the resolution and that the wording under Field Attire be changed to "...important factor appropriate field safety attire is required. " Administrator McLaughlin and Director Dhuse noted that the Public Works Department has certain attire requirements for safety purposes already in place. Alderman Spears suggested that under Casual Fridays shorts and blue jeans shorts be struck from the resolution as they are inappropriate office attire. A motion was made by Alderman Werderich to amend the resolution as discussed; seconded by Alderman Munns. Motion to amend approved by a roll call vote. Ayes -7 Nays -1 Plocher -aye, Werderich -aye, Golinski -nay, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye Motion as amended approved by a roll call vote. Ayes -7 Nays -1 Teeling -aye, Gilson -aye, Sutcliff-aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -nay ADDITIONAL BUSINESS Alderman Spears noted that on the agenda item summary memo sometimes it indicates who reviewed it and sometimes it does not. She asked for consistency in the memos. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for the purpose of • For the discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi - annual review of the minutes as mandated by Section 2.06. • For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Gilson; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sutcliff- -aye, Werderich -aye, Teeling -aye, Golinski -aye, Gilson -aye, Munns -aye Alderman Plocher was not present for the vote. The City Council entered into Executive Session at 10:25 p.m. The City Council returned to regular session at 11:30 p.m. The Minutes of the Regular Meeting of the Citv Council — October 13, 2009 — page 9 ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by Alderman Sutcliff. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 11:33 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I REGULAR CITY COUNCIL MEETING October 13, 2009 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: -� �a tf / - [7T A 4 m /i I _ - Deb flr(AA, evx T. /7? "O�e-67 7 J0 40vi cwum y -7) �b �- v 'h Lwodj r u SIGNIN � l.J REGULAR CITY COUNCIL MEETING �I October 13, 2009 a PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: � n J A.5ori Hum /�? Y L A G- IS L°nc%i /�Gc�vav SIY�S � I SIGNIN I REGULAR CITY COUNCIL MEETING Public Comment October 13, 2009 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: �b LZyA4 V.FV - L- o o-0 FS S 6COOP � I u �a t � A sd C Z-A C U � VGA SIGNIN i 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 October 13, 2009, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. D-891009 REPO • COURT reporting service 630- 983 -0030 1300 Iroquois Avenue, Suite 100 Naperville, IL 60563 e -mail: depocourt @comcast.net • www.depocourt.com 2 1 P R E S E N T: 2 MS. VALERIE BURD, Mayor; 3 MR. GARY GOLINSKI, Alderman; 4 MR. ARDEN JOE PLOCHER, Alderman; 5 MR. MARTY MUNNS, Alderman; I' 6 MS. ROSE ANN SPEARS, Alderwoman; 7 MS. ROBYN SUTCLIFF, Alderwoman; 8 MR. WALLY WERDERICH, Alderman; 9 MR. GEORGE GILSON, JR., Alderman; 10 MS. DIANE TEELING, Alderwoman. 11 12 13 MR. BRENDAN McLAUGHLIN, City '! 14 Administrator; 15 MR. WILLIAM POWELL, City Treasurer; 16 MS. JACQUELINE MILSCHEWSKI, City Clerk. i 17 18 A P P E A R A N C E S: 19 BY: MS. KATHLEEN FIELD ORR, 20 Appeared on behalf of the United 21 City of Yorkville, Illinois. 22 - - - - - 23 24 Depo•Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance.) 2 (WHEREUPON, a portion of 3 the proceedings was not 4 herein transcribed.) 07:05PM 5 MAYOR BURD: Kendall Land Development, 6 LLC, petitioner, has filed an application with the I 7 United City of Yorkville, Kendall County, 8 requesting rezoning from the United City of 9 Yorkville R -2 One Family District to a planned 07:06PM 10 unit development. 11 The real property consists of 12 approximately 51 acres located east of Route 47 13 between Van Emmon Street and Route 126, Yorkville. i 14 I would like to -- I would like to 07:06PM 15 call the public hearing to order. Is there I I 16 someone here tonight who would like to introduce 17 this item? 18 MR. PHILIPCHUCK: Yes. Good evening. 19 Thank you. My name is John Philipchuck. I am an 07 :06PM 20 attorney with offices at 123 Water Street, 21 Naperville, Illinois. I am here this evening 22 representing the petitioners, Kendall Land, LLC, 23 and we are requesting a rezoning of the property, 24 the 51 acres, on Van Emmon Road from the existing Depo•Court Reporting Service (630) 983 -0030 4 1 R -2 to the PUD designation. 2 As Council knows, the property is 3 not subject to an annexation agreement, it was 4 annexed many years ago, back in 1978, and much 07:07PM 5 development has taken place, as you know, in the 6 area since that time, and our client got through 7 the City's subdivision process in 2006, 2007, and 8 have a final plat recorded for a PUD lot detached 9 single family subdivision. 07:07PM 10 Just around that time is when the 11 market for housing took a nosedive, and also there 12 was some land immediately adjacent to the south 13 that fronts on Route 126 that came into the City, 14 was zoned for non - residential use, so my clients, 07:07PM 15 in evaluating the situation once that occurred, 16 they did work with those developers and we do have 17 an easement in place that provided the second 18 means of access from the subdivision to the -- to 19 Route 126, so it was anticipated if we had to 07:08PM 20 proceed before they did that they granted an 21 easement for us to be able to put in that 22 secondary means of emergency access. 23 At some point in the future when 24 that property develops, it will be a public Depo•Court Reporting Service (630) 983 -0030 5 1 street, so if they go first, we'll have a public 2 street to tie into; if we go first, we would be 3 constructing an emergency access drive. 4 Now, the plan has been before the 07:08PM 5 Plan Commission and Plan Commission did not 6 recommend approval. We went before the Park Board 7 and the Park Board recommended approval, and we 8 were before the Green Committee and they made 9 several recommendations, and the reason that we 07:08PM 10 were before the Green Committee is that my clients 11 had some contacts in the building and construction l 12 industry, one of which is a resident here in 13 Yorkville, as was mentioned earlier, and found out 14 more about what the GE Corporation is doing in 1 07:09PM 15 conjunction with the home building industry to 16 create these green communities, they call it as 17 part of the GE Ecomagination, and after I make my 18 presentation, I'm going to introduce John Feldman 19 to you, who came in to describe their program and 07:09PM 20 how a community can be certified. 21 So we're very excited because if we 22 can do this, it will be the first one in the state 23 of Illinois with such a designation, so we think 24 it will be an appropriate place to have it here in Depo•Court Reporting Service (630) 983 -0030 6 1 Yorkville. 2 But we have a couple of issues and 3 hurdles to get around because one of the issues 4 that was coming up when we were looking at how we i 07:09PM 5 were going to market the subdivision was well, i i 6 it's obviously all single family detached product 7 and now we're have detached single family product 8 that is going to back up to the non - residential 9 uses to the south, so they felt here is an 07:09PM 10 opportunity to introduce some attached villa 11 product, and so what we were hoping to do is 12 interject as part of a PUD, which you have seen 13 many times before you, a mix of types of 14 residential single family product, and so 07:1OPM 15 that's -- that's what is being proposed, and, as a 16 result, the Staff looked at it from a standpoint 17 well, how does it fit with the Comp Plan and how 18 does it fit with the R -2, which its current zoning 19 is, and with the R -3 that we are proposing. I 07:1OPM 20 Staff gave you a very nice report on 21 how we comply with the standards of the R -2 and 22 R -3 district, and that we did run afoul of the 23 Comp Plan change, which is interesting because we 24 all know we put the Comp Plan in place as kind of Depo•Court Reporting Service (630) 983 -0030 7 1 a future guide for development, but in this case 2 it's being applied -- number one, it was amended I 3 after the subdivision was approved, which is a bit 4 odd, and, two, the Comprehensive Plan now shows it 07:1OPM 5 for a use that allows less residential density 'i 6 than what we enjoy under the current R -2 zoning 7 classification, so I think that's an important 8 factor to consider in that recommendation because 9 the density that's proposed under the new plan 07:11PM 10 does fit with the density that's allowed in its 11 existing R -2 classification, but we couldn't stay 12 with the R -2 classification because Yorkville has 13 done a n s o se arate PUD zone a opposed to, sa P g PP , Y i 14 allowing special use PUD under, say, the existing 07:11PM 15 R -2 zoning. 16 It may sound confusing, but there 17 are different degrees of fine line between that, 18 but please know that we are certainly not 19 stretching the envelope as a result of this. 07:11PM 20 The good thing about the PUD is that 21 the municipality gets to have some additional 22 things that otherwise it wouldn't necessarily 23 have, like a participation in some off -site 24 improvements, so we have agreed that we are going Depo Court Reporting Service (630) 983 -0030 8 1 to contribute some money towards the extension of 2 the trail system, and I know in our master plan 3 that we are going to extend the bike trail through i� 4 the Commonwealth Edison property, which is i 07:12PM 5 immediately to the west of this subdivision, and 6 we're going to provide a couple of connections to 7 that future path, but we all know it will take a 8 great amount of money to do it, but we are going 9 to have our seed money that we are proposing. 07:12PM 10 We have also looked the market 11 conditions with regard to the timing of payments 12 of certain fees. As you know, we have always in I' 13 the past tried to collect school, park, land cash 14 fees at the recording of the final plat of 07:12PM 15 subdivision. C 16 Under this particular PUD, we're 17 asking, given where we stand in the market today, 18 that we could postpone those payments until we are 19 actually looking for an occupancy permit, and when 07:12PM 20 you think about it, until you are actually putting i 21 people on the property, there really is no impact 22 to the various park district facilities or the i 23 schools. 24 One of the unique things about this I Depo•Court Reporting Service (630) 983 -0030 i 9 1 PUD as far as the schools is by modifying the 2 product and introducing the attached villas, we 3 actually reduced the number of school -aged 4 children that we put in the school system, but we 07:13PM 5 increased the amount of money that the school 6 district would receive pursuant to Yorkville's 7 ordinance. 8 So I think that's another important 9 factor to remember as you go through your decision 07:13PM 10 making process, is that change in product, more 11 money, fewer students. 12 So we would ask that you would -- 13 and probably not only for this development, but I 14 think as things start to come back, we are hoping I I. 07:13PM 15 they're going to come back, that you might 16 consider these kinds of -- if you want to call 17 them concessions, I think it's working with the 18 marketplace and trying to make it work for 19 everybody, because if we say no to these kinds of 07:13PM 20 initiatives, then we just stagnate, nothing comes 21 on board and we're not really getting any job 22 creation, we're not getting building permits, � 23 we're not putting these moneys that we relied on 24 for all those good years from building permits Depo•Court Reporting Service (630) 983 -0030 10 1 to -- back into the city coffers, so I think we 2 need to look for ways that can help the i 3 development community, and those are one of the 4 things that we ask for as part of this PUD, is the 07:14PM 5 timing on payments. i 6 The zoning ordinance provides for ii 7 several criteria that the Council should look at 8 as they evaluate a request, and so I'd like to 9 point out that we have looked at those and 07:14PM 10 presented some evidence and prior hearings on it, 11 but just to lightly touch on it, we -- generally 12 your code says you look at the existing uses of 13 property within the general area, zoning 14 classification of property within the general 07:14PM 15 area, suitability of the property for uses 16 permitted. 17 What we would suggest is that there 18 have been some changes that have -- actually 19 haven't been put on the ground yet, but approvals 07:15PM 20 have been given for some non - residential uses 21 adjacent to this subdivision, and we think that 22 that will have an impact on our property, and we 23 think that by introducing another product that we 24 would actually help as far as the impacts on the Depo•Court Reporting Service (630) 983 -0030 11 1 school district. For instance, by allowing for an 2 attached product, that also allows another segment 3 of the marketplace to come in, the empty- nester, 4 and as a result of that, we think that that does 07:15PM 5 also help to cut down on the amount of traffic. 6 I know many of you have been here 7 and seen a lot of traffic studies and time after 8 time you see the detached single family residences 9 you will generate more traffic per day than will 07:15PM 10 attached product. 11 It's mostly because of the children 12 that come out of the developments and all the 13 activities they find themselves in these days, and 14 guess how they get there, mom and dad have to I. 07:16PM 15 shuffle them back and forth, and those of us that i 16 have been through it and are going through it can 17 understand and appreciate that factor. 18 So we think that the impact of this 19 particular development will have less impact on 07:16PM 20 traffic in the area. All the improvements are in, 21 the storm sewers, the road, the water, sanitary 22 sewer, storm sewer system. -i 23 Pete Huinker is here this evening 24 from SEC Group if you have questions about the Depo•Court Reporting Service (630) 983 -0030 i I 12 1 engineering for the subdivision. 2 Staff has made some requests about 3 as far as cutting some of our lot sizes down. We 4 had extremely large lots in our development, they I 07:16PM 5 wanted to see the open spaces. We don't have a 6 problem with that; we think that's a good 7 suggestion. We can do that. 8 But Pete has designed some rain 9 gardens into the development to collect the whole 07:16PM 10 rain water, storm water, before it even gets to 11 the storm water detention basin, so we think that 12 these are all factors that you should consider 13 when you evaluate this overall PUD. 14 Finally, there are some what they 07:17PM 15 call LaSalle Factors, Staff pointed it out to you 16 as far as other things to look at, and, again, 17 some of them parallel what you have in your 18 ordinance, but I think when you look at the 19 property values in relationship, I think that you 07:17PM 20 will see that because of the type of product, 21 where it's located, that it will have no 22 diminution in value of adjacent properties, and we 23 think that because our attempt here is to be able 24 to et this approved as a PUD and et a g PP green g g Depo•Court Reporting Service (630) 983 -0030 13 1 community designation, that that, in fact, will be 2 a focal point for people who want to live in that 3 kind of a subdivision who espouse to have a home 4 that meets the energy criteria that it would take 07:17PM 5 to be in a subdivision like this, and yet we're 1 6 trying to have some affordability factor that 7 again is something that the marketplace is looking 8 at today, thus, again, a good reason to have an 9 attached product available. 07:18PM 10 So when you look at the length of 11 time the property has been vacant, since -- you 12 know, well, since God created it, but certainly 13 since it's been annexed into the city, no 14 development has taken place on it with respect to 07:18PM 15 it, but it is poised for development, and at the 16 time that it was subdivided, the trend was boy, 17 give us big single family detached lots. Well, we 18 all know a lot has changed within a couple of 19 years and so that's really not what the 07:18PM 20 marketplace is saying anymore and that's why we 21 would like to work with Yorkville to create this 22 PUD zoning for the property and allow us to move 23 forward. r seem i 24 What you are s what we hav e Y g Depo•Court Reporting Service (630) 983 -0030 14 1 to build and we think that it would be an added 2 value to the community. 3 So with that, I would like to 4 introduce John Feldman from GE to talk about the 07:18PM 5 GE program and how they work with builders to 6 establish a green community. John? 7 MR. FELDMAN: Thank you. Thanks for 8 letting me come. First of all, it's an honor. I 9 think it's pretty fun to get up here far away from 07:19PM 10 all the hot weather that I live down in Sarasota, 11 Florida. 12 So I get to talk to you about some 13 stuff that is -- it's the best buildin g discussion 14 we get to have these days, but it's probably the 07:19PM 15 most confusing one as well, and I'll give you the 16 two examples I had since I got off my plane. 17 So I rent from Hertz, because GE 18 tells us we rent from Hertz, and Hertz is now very 19 green minded. You know why? Because they take 07:19PM 20 your little envelope thing back when they give you 21 your little white receipt that you now have one of 22 their rental cars. So they take their ticket 23 back. 24 So then I check into my Courtyard by Depo•Court Reporting Service (630) 983 -0030 15 1 Marriott and I have the -- you have the little 2 paper cups in your hotel room for your coffee, 3 right? Well, it says right on mine that we take 4 our coffee green. 07:19PM 5 So I just feel so bad for our poor I� 6 customers who have no idea what we are talking 7 about anymore because taking a home into a high 8 performance Ecomagination -type presentation 9 program has really gotten murky because my State 07:20PM 10 Farm agent recycles her bills, she is green, 11 Marriott recycles their cups. There is just a lot 12 of chunked up stuff in there that someone gets to 13 decipher now in there trying to purchase a single 14 family home that performs, so General Electric got I 07:20PM 15 involved about four and a half years ago in a 16 project called Homes Inspired by Ecomagination. 17 Ecomagination is a 20 billion dollar 18 initiative at General Electric. So for 20 billion 19 dollars, Eco alone would be the 159th largest 07:20PM 20 company in the world, just Eco, so it's a huge 21 investment from General Electric. 22 They are going after this market 23 with a vengeance because this green means it is 24 profitable. It is a place where our developers Depo•Court Reporting Service (630) 983 -0030 I 16 1 and builders have excelled, and I'll kind of walk 2 through how the program works and try to give you 3 some examples of that so you can kind of put some 4 teeth into what our program has been doing. i 07:21PM 5 So GE has a lot of divisions; there 6 is 13 different businesses inside of General 7 Electric. The biggest one in the builder 8 industry, of course, is our kitchen division, 9 right? We sell a lot of kitchens, pretty much per 07:21PM 10 kitchen every other home in America brand new, so 11 we have a little better than a 50 percent share. 12 So we went to every builder in the 13 country that we currently do business with and 14 showed them our green program. It was all the big 15 builders you are familiar with and a lot of the 16 smaller builders you will never hear of, and we 17 got the same result from everyone, same questions, 18 same answer, come back when the industry turns or 19 come back when it's free. 07:21PM 20 I kept telling them, I work for GE, 21 it's not free, we work hard to keep earning money 22 for our shareholders, so we really did take a turn 23 and went to our developers. We have lots and lots 24 of developer relationships in GE Capital and lots Depo•Court Reporting Service (630) 983 -0030 17 1 of other spots, so in the developer space we got a 2 lot of interest and a lot of communities and a lot I' 3 of contracts signed because they see the same 4 thing that our customers are looking for, we've 07:21PM 5 just got to build it now and kind of take the I 6 cloudiness out. 7 So what we've been able to do, I 8 think currently we have 38 neighborhoods under 9 construction. They are all over the place. So 07:22PM 10 they are from Vancouver, Washington, down the 11 coast into Vegas, kind of the big smile of 12 America, and we've got to start filling in the 13 Midwest, so I have this in Maryland scooping down i 14 to Florida all down to the West Coast, and we are 07:22PM 15 starting to fill now in the Midwest. We have some 16 projects coming out of the ground in Philadelphia, 17 Ohio, we are working hard here and some other 18 places well. 19 What's different about the GE 07:22PM 20 program is that we are simple and repeatable, so 21 our customers who are out there looking at our 22 homes get our story immediately, they are not i 23 wondering how we take our coffee and did we get a 24 reusable envelope. Depo•Court Reporting Service (630) 983 -0030 18 1 They are learning that our homes 2 perform better. Our homes do different things. 3 So the way that we do it is when a house is being i 4 built in blueprint stages, we make the proper. 07:22PM 5 changes to that house and we qualify in a program i, 6 that's called Environment for Living. i 7 So an Environment For Living 8 certification is the stamp of approval that says 9 this house will out - perform the other homes that 07:23PM 10 are not green, and we dollar -rise it and say not 11 only do we out - perform, we will guarantee that we 12 will out - perform on your energy bill and on your 13 water bill at least 20 percent of the home you '1 14 just moved out of or any other non - certified home. 07:23PM 15 So we're going to put a 20 percent savings into F. 16 every home. 17 If we don't, we pay the energy bill 18 until it's corrected. You can be pretty sure 19 because I still have my job that's never happened 07:23PM 20 yet and we don't expect that it will. So we go 21 out there and dollar -rise our standards. i, 22 The homes are built a little bit, 23 it's not a huge expensive forward -- or a redo of i 24 the home, it is a lot of little pieces that make Depo•Court Reporting Service (630) 983 -0030 i 19 1 the house perform better, and that's called 2 Environments for Living. i 3 So we certify the home from the time 4 that the permit and blueprints starts all the way 07:23PM 5 until the home is done and we do a blower door 6 test on it to see if we get the house to fail. If 7 they leak, they fail. We correct it, they pass. 8 So Environments For Living is run by 9 a partnership that we have. They have currently 07:24PM 10 92,000 homes under this certification program. I 11 They are the best in the world at this, in our j 12 country and in other countries, so that's why GE 13 partnered up with them. 14 Once we get that piece rolling, then 07:24PM 15 GE shows up with product, so we put in all the 16 different pieces in the GE family that make the 17 houses perform because then we can repeat it. We 18 can continue to ship Energy Star kitchens, we can 19 continue to ship tankless hot water heaters, we 07:24PM 20 can ship the type of products that GE manufactures 21 to keep score, so the home becomes a very high 22 performance home, and we can do it over and over 23 and over. 24 When the house changes from an Depo•Court Reporting Service (630) 983 -0030 I 20 1 Ashton 3 or Westhaven 4 or whatever the other 2 models within the community, we just keep 3 performing because we are able to repeat it. i 4 So it's on the blueprints, their 07:25PM 5 trades understand it and we are just building a i 6 home. It's just a little more of a high 7 performance home. 8 Then the last piece, which we think 9 is the most important piece, because when the 07:25PM 10 builder builds a home and a homeowner comes to 11 look at it, it has to be different because 12 otherwise they are going to drive out of 13 Kendallwood and drive into another neighborhoods, II 14 and if it's a just a per square foot story, we 07:25PM 15 missed. There is a better story out there. 16 So the home inspired by 17 Ecomagination comes with an entirely already done 18 out -of- the -box marketing campaign that our 19 builders can use. 07:25PM 20 There is a television commercial j 21 that has won all the awards you can win in the 22 place, it plays during the Super Bowl, it's played 23 on NFL Games Today, we did -- we had eight ads 24 during the last Super Bowl campaign, and we have a I Depo•Court Reporting Service (630) 983 -0030 21 1 $300 million Ecomagination campaign going on right i, 2 now. 3 Our builder is not going to spend 4 $300 million on this program. He doesn't have to. 07:25PM 5 We already did. And we are going to continue to 6 do that. 7 So some of the results we get from 8 that, we have -- I'll highlight a couple of our 9 neighborhoods. We have about a 134 -unit community 07:26PM 10 in Las Vegas. Now, we know Las Vegas is a booming 11 housing market, right? It is in the bottom of the 12 bottom other than where I live, Sarasota, 13 Ft. Meyers. 14 So the Vegas community has sold 74 07:26PM 15 homes, have already built -- 43 of those that are 16 already done, and they have sold a solar panel on 17 100 percent of the homes. Solar cannot sell in 18 new home construction, cannot sell, except they 19 sell on every single home, and their houses start 07 ;26PM 20 at $172,000 a home because the campaign says we're 21 going to save you money and here's how. 22 In that neighborhood they put 23 their -- they put the solar panels on the front of 24 the home. They've got an attitude about it Depo•Court Reporting Service (630) 983 -0030 22 1 because it's awesome. That's called Concordia. 2 And Concordia is rocking, they're doing great, 3 they're selling in an environment that doesn't 4 sell and they're selling a home that will no one I 07:26PM 5 buy because the marketing is working. 6 When you come a little bit further f i 7 into the central of the country we have a 8 neighborhood we point to the most, it's called 9 Land Tejas. It's in Houston, Texas. The Land 07:27PM 10 Tejas is owned by a developer, his company is 11 called -- his company is Land Tejas, his name is 12 Al Brende, and Al has nine neighborhoods now in 13 Houston and they kind of go around the whole 14 circle of housing in Houston. 07:27PM 15 So one area of Houston is very -- 16 very kind of -- kind of uppity, it's very high 17 end, it's a very slick community, it's called 18 Woodlands, and the neighborhood I'm going to tell 19 you about is in the Woodlands Discovery at Spring 07:27PM 20 Trails. When it's all said and done, it will be 21 800 -- a little more than 800 homes. I 22 The school is already built, it's 23 the first green school in Houston. It's already 24 been done. The county up there did it right. i Depo•Court Reporting Service (630) 983 -0030 23 1 The neat thing about it is they have 2 a campaign that we supported and they market 3 themselves as the first solar hybrid energy homes 4 in Houston. - o7:27PM 5 So we have a full marketing 6 campaign, billboard campaign, radio campaign that 1 ' 7 GE does all of it for our builder. Al Brende's 8 never developed or marketed a green community in 9 his life, so we did it with him. 07:28PM 10 Here is the results. They are 11 averaging 316 people through their design center j 12 each week. Their other neighborhoods don't put 13 300 people through every month. We are 14 out - performing his other eight communities ' f I- 07:28PM 15 400 percent. He has 90 something sales, 30 16 something starts, and their grand opening is June 17 the 5th of this year. I 18 So our story is right. We are 19 nailing it. Our customers are coming through the 07:28PM 20 door. We have a neighborhood in Mobile, Alabama, 21 similar results, just a smaller neighborhood. 22 They have 6,000 people walk down the street for 23 their Parade of Homes week. You have to get to 24 this neighborhood b ferry boat. It was g Y Y Depo•Court Reporting Service (630) 983 -0030 24 1 unbelievable, they were selling drinks on the 2 ferry boat to try to keep people from waiting and I 3 mad when they got across there, which is really 4 good, because we had a two -hour wait when they 07:28PM 5 came to see our houses. 6 Then lastly what we have is our big 7 neighborhood, which is in Myrtle Beach, South 8 Carolina. That was our first Eco neighborhood, 9 which we got excited about that, and it really 07:29PM 10 launched a lot of support from the GE team. It is 11 about a three -year old neighborhood now. It was 12 the first ever Homes Inspired by Ecomagination 13 community. 14 So the words homes Inspired by Eco 07 :29PM 15 had never been put in the press. So we launched 16 this neighborhood and we had 40 different outlets I 17 pick up our story on the AP, and so that's GE's 18 job, is to get the story out. 19 We're going to work with your group 07:29PM 20 and we're going to get the story out to go find 21 where the customers are and to bring them here. 22 That's we're getting really good at. We've 23 done it 30, 40 times now. 24 So this little neighborhood called Depo•Court Reporting Service (630) 983 -0030 i 25 1 Withers Preserve in Myrtle Beach, they drove -- 2 they have 48 companies or 48 outlets pick up their 3 story, they made a front page of the New York 4 Times Sunday Real Estate section, they had two 07:29PM 5 television shoots on -site, one of them happened to 6 be on our network, so figure that one out, and the 7 Today Show showed up and did a special story about 8 it. They also had a 30- minute segment about it 9 that runs on MSNBC that our developer paid nothing 07:30PM 10 for. That was our partnership and our agreement. 11 So what we've been able to figure 12 out is if we build the house to a simplified 13 method of certified g reen the rebate dollars 14 flow, we take care of that for all of our builder 07:30PM 15 partners so they get a nice turnkey program. 16 Then we're going to e g g put a bunch of 17 GE products inside because we want to do it the 18 same way every time and it's repeatable and it's 19 comfortable and the name GE is known throughout 20 every single homeowner and potential homeowner 21 walking through there. 22 Then we're going to go out there and 23 market it and market it and really turn some heads 24 to where this market is what this community is Depo•Court Reporting Service (630) 983 -0030 26 1 going to have. If we do this right, we can be 2 first. You can be the first one in the state, the 3 state from where green is growing. 4 This is the market where everyone is 07:30PM 5 saying you've got funding for solar, you have got 6 funding for geothermal. There is a lot of 7 exciting stuff happening in this state and we 8 could be the first neighborhood under the Eco 9 program. That would be our recommendation. We 07:31PM 10 would like to see that as soon as possible. Good? 11 MR. PHILIPCHUCK: Thank you, John. Just 12 to sum up, I think some of -- you all should have 13 received some of the elements that will go into 14 the community as part of the PUD agreement. I . 07:31PM 15 We are working with Travis and Staff 16 to bring that to a finer document. We got some 17 great ideas and thoughts that we exchanged with 18 your Green Committee, which, Mayor, you know, I 19 think that's a nice group that you have put 07:31PM 20 together there to be able to bring our ideas to 21 and bounce them off them, and they in turn were -- 22 I was very impressed by their knowledge and I came 23 away -- learned a lot, so I think that our 24 proposal makes sense for the community, makes Depo•Court Reporting Service (630) 983 -0030 27 1 sense for this location. We are really excited j;- 2 about it. We would really like the opportunity to 3 do it. 4 You have the package before you. 07:32PM 5 That's our proposal. This is what we want to do 6 and this is in your hands ultimately to give us 7 that authority to move forward with it. That's I 8 all we have for our presentation. We are I 9 obviously here to answer any questions. Thank 07:32PM 10 you. 11 MAYOR BURD: Okay. I'd like to open it 12 up to the public and then if the City Council -- 13 oh speakers needed to sign in on the sign-in p g g 14 sheet, please, so we've got your name for the 07:32PM 15 record. Thank you. Alderman Spears. 16 ALDERMAN SPEARS: Yes. 17 MAYOR BURD: But I'd also like to -- 18 after the comments, and at this point it's just on 19 this program, this subdivision, citizen comments 07:32PM 20 will be later, but we are just going to be 21 entertaining questions on this. 22 I'd like to also open it up to City 23 Council. We usually don't do that, but since the 24 gentleman here has flown in from GE and he may not Depo Court Reporting Service (630) 983 -0030 28 1 be here when we vote on this, I think that would 2 be appropriate if that's okay. 3 So let's start with anyone here in 4 the public who would like to ask questions. Is 07:33PM 5 there anyone? 6 MR. BARBIER: Yeah, I would. 7 MAYOR BURD: Yes, sir. Would you come 8 up to the podium and sign in and ask your 9 question, please? 07:33PM 10 MR. BARBIER: Got a few questions. 11 First question is they never addressed the problem 12 about flooding, going from a single family to a 13 duplex with a lot of concrete in the ground. I 14 haven't seen anything about any study that's been 07:33PM 15 done if it's going to cause any more flooding. 16 That's the main goal. That's the main reason I am 17 here. I don't want to lose my house so they can 18 build houses. 19 Next thing -- 07:33PM 20 MAYOR BURD: Sir, would you -- 21 MR. BARBIER: -- multi - family homes -- I' 22 MAYOR BURD: Excuse me. Could you -- 23 MR. BARBIER: Could you answer that 24 question? Depo•Court Reporting Service (630) 983 -0030 29 1 MAYOR BURD: First could you say your 2 name for the record out loud, so everyone -- 3 identify yourself, who you are? 4 MR. BARBIER: Can I say what? 07:34PM 5 MAYOR BURD: Your name. 6 MR. BARBIER: Oh. My name is Rich 7 Barbier. I live on Van Emmon. 8 MAYOR BURD: Thank you. 9 MR. BARBIER: I am right across the 07:34PM 10 street from this proposed building. 11 MAYOR BURD: Do you want to ask all your 12 questions or one at a time? 13 MR. BARBIER: I'd like to ask questions. 14 I would like to know what they are planning on 07:34PM 15 doing about the flooding issue. 16 MAYOR BURD: Okay. 17 MR. BARBIER: That's my main concern. 18 And then a couple about their builders building. I 19 MR. HUINKER: Pete Huinker, SEC Group. 07:34PM 20 759 Prairie Point Drive, Yorkville. 21 The question was regarding the -- 22 assuming the increase in impervious area, meaning 23 additional square footage of rooftop as what's 24 being proposed on the southern portion of the site Depo•Court Reporting Service (630) 983 -0030 30 1 and what we are proposing as part of this PUD is 2 the addition of rain gardens, and as part of the j 3 approved plan that was done back in 2006, you i j 4 know, at this point we are not proposing to make 07:35PM 5 any changes to the roadways at all. 6 The changes that we are proposing as 7 part of this plan is having rain gardens attached 8 to the roofs of the attached villa product, and 9 basically what a rain garden is, is a depress -- 07:35PM 10 it's basically the opposite of a berm. It 11 basically is a depressed area, and what we are 12 proposing is that water is collected from the 13 downspouts and is directed to these rain gardens, 14 and basically what it does is it causes the water i J 07:36PM 15 to be captured and is allowed to be infiltrated { I 16 into the ground as opposed to just running off, so 17 basically if you can envision basically a reverse 18 berm, they are about eight inches, what we are 19 proposing in depth, and there is flowers and other 07:36PM 20 types of deep- rooted plant material that 21 encourages the infiltration as opposed to the 22 water just simply sheet flowing off of the lots. 23 And what we are proposing is a 24 12 -by -20 -foot rain garden for each of these units, i Depo•Court Reporting Service (630) 983 -0030 31 1 so it's about 240 - square foot of rain garden 2 for -- per attached unit. 3 MR. BARBIER: I don't know, but anybody 4 who does gardens knows that eventually they fill 07:36PM 5 up. Where does the water go when the water -- 6 when it fills up? I 7 There is still no lan to capture ptu re 8 the water and get it away from our houses. I -- 9 rain gardens don't work. A 20 -foot rain garden is 07:37PM 10 not going to capture that amount of water. I 11 The last couple years we've had 12 three, four inches rain in the matter of a week at 13 a time and most of our houses sustained quite a 14 bit of water damage. Now, with them catching all 07:37PM 15 this water up there with an eight -inch run -off, 16 they've got eight -inch drain tiles coming out of 17 their -- their collectors up there. That water is 18 going to come down with a lot of force. 19 The berms that they put across 47, 07:37PM 20 that little pathway they put there, it's going to 21 wipe it out. It already did. They had to come 22 back and redo it over again. That's why they were 23 back there the last two weeks rebuilding 24 everything because the water kept washing it all Depo•Court Reporting Service (630) 983 -0030 i 32 1 out, and it's going to continue that way. 2 No matter what -- how many rain j 3 gardens you put in, you collect all the water you 4 want off the roof, it has got to go to the ground 07:37PM 5 somewhere. When it hits the ground, it's leaving 6 the ground and it's coming down the hill, and the 7 only place it goes when it goes down the hill is 8 into all our houses. 9 MAYOR BURD: I think Staff can -- we 07:38PM 10 talked about that in the committee meetings, if 11 somebody on Staff would like to address that. 12 MR. WYWROT: Yes, I'm sorry, I didn't 13 catch the -- you talked about a berm. Was it 14 along Route 47? 1 07:38PM 15 MR. BARBIER: It's the creek side along 16 47. Every time that water comes off that hill, it 17 hits that and just runs over. Have you ever been 18 down on 47 when it rains hard and watched the 19 water come off that hill? It just hits -- 20 MR. WYWROT: I'm sorry -- 21 MR. BARBIER: Not 47, Van Emmon. i 22 MR. WYWROT: Van Emmon. i 23 MR. BARBIER: It's like right across 47. ,l. 24 There is nothing that stops it. Depo•Court Reporting Service (630) 983 -0030 33 1 MR. WYWROT: Van Emmon. 2 MR. BARBIER: Right, on Van Emmon. It 3 comes right across. It goes into her house, it 4 comes off of Rich's house, it comes straight down 07:38PM 5 his driveway from the back of his yard, runs down 6 the driveway and just runs straight across, and 7 that little berm that's on the south side of Van 8 Emmon doesn't catch nothing, absolutely nothing, 9 that little creek. This water is going to come 07:38PM 10 down. 11 MR. WYWROT: I think you are 12 referring -- 13 MR. BARBIER: With their rain garden, 14 it's just going to wipe it out. 07:39PM 15 MR. WYWROT: Well, first of all, 16 Kendallwood Estates has a series of stormwater 17 basins internal to the subdivision. You can't see 18 them, they're way up -- 19 MR. BARBIER: They're way up in there 07:39PM 20 and they've got eight -inch drain tile coming out 21 the bottom. j 22 MR. WYWROT: And the stormwater from the 23 roadways is collected and led to those basins and 24 then they're -- water is stored there and released Depo•Court Reporting Service (630) 983 -0030 34 1 at a lower rate. Most of the water is released to 2 the small creek that runs along the little ComEd 3 right -of -way. 4 MR. BARBIER: It's not going to work. 07:39PM 5 There is no way -- there's no way it's going to i i 6 work. i 7 MR. WYWROT: Well, that's the way it 8 functions today. 9 MR. BARBIER: I have a couple other 07:39PM 10 quick questions about this. I actually am in the I 11 construction business. They said there is going 12 to be jobs for the local community. 13 It's my understanding when GE comes 14 in and builds houses, they bring crews with them, 07:39PM 15 complete -- complete crews that they have come in. 16 Now, I could be wrong in that, but it's my 17 understanding they have crews that go around the 18 country building these houses. 19 As for the house itself, is that an 07:40PM 20 option? Is that going to be a total option or is 21 that going to be a standard house? If it's an I L. 22 option, then they just sold you a bunch of stuff j 23 that somebody may not even buy. How many -- how 24 many people buy houses and buy all the options in i Depo•Court Reporting Service (630) 983 -0030 35 1 a house? 2 MAYOR BURD: Well, in the PUD 3 agreement -- 4 MR. BARBIER: And -- 07:40PM 5 MAYOR BURD: -- most of these things 6 are -- they are not options, they are 7 requirements. 8 MR. BARBIER: They are not options. 9 That's what I was asking. 07:40PM 10 MAYOR BURD: The geothermal, from what I 11 understand, the geothermal is an option, but a 12 quite a few of these options are required. 13 MR. BARBIER: And they are also going to 14 be in the multi - family homes? 07:40PM 15 MR. PHILIPCHUCK: Yes. 16 MAYOR BURD: Yes. 17 MR. BARBIER: In every single home, all 18 the homes are going to be green homes? 19 MR. PHILIPCHUCK: Yes. 07 :40PM 20 MR. BARBIER: And they say there is 21 going to be less kids because of the density of 22 the property up there? i 23 MAYOR BURD: No, because -- 24 MR. BARBIER: It's going to a lesser Depo•Court Reporting Service (630) 983 -0030 36 1 burden to the school district? 2 MAYOR BURD: It's because of the villas 3 are supposed to be -- they are targeted towards 4 empty -nest people who -- who don't have small 07:41PM 5 children. That's what -- that's my understanding. 6 MR. BARBIER: Multi - family has what, 2.1 7 kids, the average house, single family house has 8 2.1, something like that? Isn't that a burden on 9 the school district? 07:41PM 10 MR. PHILIPCHUCK: Your numbers aren't 11 correct. 12 MR. BARBIER: It's close. 13 MR. PHILIPCHUCK: No, they're not. You 14 have to look at the city ordinance. As you know, 07:41PM 15 the City has an ordinance, you plug into the 16 formula the type of dwelling unit, the number of 17 bedrooms. It's all required. Travis can confirm 18 it. The numbers speak for themselves. We don't 19 make them up. The community created the numbers. 07:41PM 20 We plug them in and that's what comes out. 21 Numbers speak for themselves. 22 MR. BARBIER: My main concern is 23 flooding. That's my main concern. 24 MR. PHILIPCHUCK: Mr. Feldman will i Depo•Court Reporting Service (630) 983 -0030 37 1 address the GE. 2 MR. BARBIER: And I just don't think SEC 3 has done a good enough job of explaining how 4 they're going to capture all the water. Rain 07:42PM 5 gardens don't do it. They absolutely do not do 6 it. 7 A 20 -foot rain garden is like the 8 one in your house. Build a little garden in your 9 house to grow vegetables; when it rains real 07:42PM 10 heavy, what happens? It floods. The water has to 11 go somewhere. It could go on top of a hill, the 12 water has to go somewhere. And where's it going 13 to go? It's going to down. I 14 MAYOR BURD: Well I think the rain 07:42PM 15 gardens are a little different than the garden 16 rain. Anyway, but before you say that -- what I 17 had hoped that the Staff would address was the 18 erosion issue, and the erosion on the north side 19 that has been coming down the hill because I saw 07:42PM 20 it, it was a lot of dirt that was washed out and 21 that was part of the problem when I went out there 22 and talked to the residents. 23 This dirt was just coming out and it 24 was coming out from underneath the curbing and Depo•Court Reporting Service (630) 983 -0030 38 1 some of the other -- some of the areas where the 2 water was supposed to be going into, that was too 3 high and it wasn't getting into the right place, 4 so how -- I think that's what they are talking 07:42PM 5 about. They want to know how that's going to be 6 addressed. i 7 MR. HUINKER: To answer the question 8 regarding some of the storm water, in speaking 9 with the rain gardens, that's only to supplement 07:43PM 10 what's out there already, and essentially what's 11 out there already is four detention basins. There 12 is one at the northeast corner and there is three 13 along the west side of the property. 14 What we are proposing with the rain 07:43PM 15 gardens is to supplement that and to help improve 16 the infiltration of the stormwater, the stormwater 17 run -off. 18 The existing basins right now are 19 basically flat bottom basins, naturalized 07:43PM 20 plantings, utilizing best management practices, so 21 it's encouraging infiltration, so that's all part I 22 of the original subdivision design. j 23 So what we are proposing is in 24 addition to that providing additional rain gardens Depo•Court Reporting Service (630) 983 -0030 39 1 to supplement that entire stormwater management 2 plan. 3 MAYOR BURD: Well, but I think what the 4 gentleman was saying is that those are already in 07:44PM 5 place, but still this massive erosion had 6 occurred, so do we know why that had happened, how 7 is that not going to happen anymore? I think 8 that's what they are asking you. 9 MR. HUINKER: Erosion is really due to 07:44PM 10 exposed soil, so until you have the soil covered 11 in some manner, whether it's pavement or trees or 12 grass, you're going to have run -off, so really 13 what is established on the entrance section of the 14 roadway adjacent to Van Emmon, basically all 07:44PM 15 that's been repaired and the grass has been 16 established in those areas, so, you know, until 17 you have a full grass establishment, you will have 18 some erosion control, and there are -- you will 19 have some erosion, but we have erosion control 07:44PM 20 measures in place that are put in until you have 21 the permanent vegetation to hold the soil. 22 MR. FELDMAN: Hi. John from GE 23 again. Thanks for those questions, that was very is 24 good. Depo•Court Reporting Service (630) 983 -0030 40 1 GE doesn't build homes, we haven't 2 built any of these yet. I can't imagine we're 3 going to start building a home. It's much 4 different than we are taking on. 07:45PM 5 We help the builders get certified 6 into the program, we help them with their 7 blueprints, with their permitting, and then help 8 them purchase all of our gear that we can put into 9 the homes. 07 :45PM 10 In the Eco homes, the equipment is 11 required. It is not optional. Now, we pay for 12 the marketing and everything else, there is no 13 charge for it. 14 So the equipment that goes in the 07:45PM 15 home is standard, it's in every single home. The 16 only optional equipment is the solar panels, which 17 make more sense in some markets than others, and 18 that's a full option. It's in the contract as a 19 full optional item. So the refrigeration, all the 20 Energy Star, all the other pieces in the contract 21 are standard and they are required. 22 Does that answer your question, sir? you. 23 Thank I y 24 MR. LAMBKE: Greg Lambke, East Van Emmon Depo•Court Reporting Service (630) 983 -0030 41 1 Street. 2 MAYOR BURD: Sir, sign in, please. 3 Thank you. 4 MR. LAMBKE: I understand that this is i, 07:4 GPM 5 to approve an increased number of residential 6 units on the same property that's been previously 7 zoned. Increased number of units can perceive an 8 increased population density, regardless of what I 9 think they are trying to put across that it's not 07:46PM 10 going to be an increased population. 11 I'd like to see that the subdivision 12 that's already been approved, there's been a lot 13 of work done there, not possibly correctly, I 14 believe the EPA has a problem with the water 07 ;4GPM 15 retention ponds that are there that don't work and 16 dump -- they don't retain water, they dump 17 directly into the creek, the unnamed creek that I 18 live on, which used to be a nice gravel bottom. 19 The last time I was in there a couple months ago 07:47PM 20 there is 12 to 16 inches of muck in the bottom. • I 21 The area just on the north side of I 22 Van Emmon where the culvert comes under the road, 23 the double culvert, used to be nice and clean, 24 gravel, rock bottom. It's now nothing but muck, i Depo•Court Reporting Service (630) 983 -0030 42 1 and I would not want to fall in there because you 2 get stuck in the muck. 3 According to the EPA this all has to 4 be taken care of; however, I understand that the 07:47PM 5 original contractor on this went bankrupt, so it 6 kind of sits in limbo. 7 What does this new developer plan on 8 doing? There is still extensive erosion coming 9 directly into that creek, siltation of the creek 07:47PM 10 that goes directly into the Fox River. 11 And I don't care how green you are, 12 if we look at this picture right here, all that 13 brown is still brown because it was not developed 14 correctly. 07:48PM 15 The EPA told me that the project 16 should have been done in stages and without 17 removing all the trees. This was once all green 18 timbered wooded land. What is it now? It's a 19 bunch of mucky silt, and every time it rains, it 07:48PM 20 erodes directly down into the creek. 21 And I don't know if these guys have 22 ever walked up there and seen it, I have been up 23 there. I was up there. The EPA followed me. We 24 took pictures and the EPA has those, and they said Depo•Court Reporting Service (630) 983 -0030 i i 43 1 that it is -- the retention ponds do not work and 2 need to be corrected. Now, they told me this. 3 This may not be official record. i 4 We have an engineer over here that 07:48PM 5 disagrees with me often as to what I think ought 6 to be done or where our water problems on East Van 7 Emmon come from. A lot of it comes from that 8 subdivision, either directly from it or indirectly 9 due to the sanitary sewer line that was run down 10 the Commonwealth Edison right -of -way, which broke 11 through the shale and I believe caused the ground 12 water to rise up and made the subaquifer come up I 13 to a surface aquifer. Because I never had water 14 problems in this house until they put that sewer 07:49PM 15 line in and then with all the development of that 16 property up there, it's just been exasperating. 17 (Applause.) 18 MR. PHILIPCHUCK: Just for the record, 19 the developer of this subdivision is the original 07:49PM 20 one, there's been no bankruptcies, so I don't know 21 where you got that word from. 22 UNIDENTIFIED SPEAKER: Then why doesn't 23 he fix the problem, fix my basin? 24 MAYOR BURD: Ma'am, please. If would Depo•Court Reporting Service (630) 983 -0030 44 1 you like to come up to speak -- 2 MR. PHILIPCHUCK: We have also not 3 received any notices from the EPA. I checked. 4 Smith Engineering has had no notifications from 07:49PM 5 the EPA. 6 MAYOR BURD: I don't think -- Has the 7 City received anything? 8 MR. WYWROT: We've had recommendations, 9 I've received some of information, although not 07:49PM 10 all of it; I think some of it was directly between 11 the EPA and the developer. The developer has been 12 out many times to address those problems or 13 attempt to address those problems. 14 This is a very challenging site, be 07:50PM 15 very honestly about it, very steep slope. It's 16 very difficult to keep things stable. There have 17 been some instances where, you know, soil has 18 washed off the site. 19 The developer has come back many 07 :50PM 20 times and attempted to correct those, not always 21 successful, but the site is for the most part 22 stable today, especially with no development up 23 there, nature taken over to a certain extent, and 24 then the City just recently went in with some Depo•Court Reporting Service (630) 983 -0030 45 1 government money and stabilized the shoulders on 2 Benjamin Street just south of Van Emmon, so that's 3 what's going on. 4 MAYOR BURD: Is it possible for us to 07:50PM 5 get a copy of whatever was sent to the developer? 6 I would think it would be. In the past hasn't it 7 been public record? I think we should be aware of 8 all this information if that's possible. 9 MR. WYWROT: I can request that from 07:51PM 10 Silinois Conservation District. Silinois 11 Conservation District has a monitoring contract 12 with the Illinois EPA. EPA can't be everywhere, 13 don't have the Staff, so the local soil and water 14 conservation districts visit their local sites and 07:51PM 15 then report back to the EPA. 16 I do have some of that information, 17 but I do believe that -there is much that I do not 18 have. 19 MAYOR BURD: I think we need to get it 07:51PM 20 all. 21 MR. WYWROT: I will. I will. 22 MAYOR BURD: Is there anyone else who 23 would like to make a comment? 24 MR. LAMBKE: I just have -- you always Depo•Court Reporting Service (630) 983 -0030 46 1 hear this is a very unstable site. I have no idea 2 why we are even discussing it. He just said it's 3 unstable, I can't fix it. 4 MR. WYWROT: I did not say that. I said 1 07:51PM 5 it was -- 6 MAYOR BURD: Well, please, we're not 7 going to debate it. It's already platted, so 8 it's -- you know, they are going to build 9 something there eventually, so if they wish to 07:52PM 10 just go start building and not go into a PUD, they 11 can do that. Yes, sir. 12 MR. LAMBKE: Last man, Just to add in, I 13 did, I contacted the EPA, I filed a complaint with 14 the EPA, my name is on file, and what they said is 07:52PM 15 they were taking -- the contractor already had 16 court proceedings involved in this. This is what 17 the EPA -- the Illinois EPA, I'm sorry, told me. 18 They utilized the Kendall County 19 people to do verification on it. The one time I 07:52PM 20 called -- the one time, I called multiple times, 21 due to the inundation of the silt into the creek, 22 which has basically ruined that creek. That was a 23 beautiful, pristine creek. It's now a big muck 24 pit. Depo•Court Reporting Service (630) 983 -0030 47 1 They said that they had taken legal 2 action against the contractor. Now, this may or 3 may not be true, this is what they -- again, it's 4 a hearsay -type thing, what the man at the Illinois 07:52PM 5 EPA told me. 6 And I can't see doing any changes at 7 that property until what's there is corrected and 8 proper, not eroding any longer and we don't have 9 any more environmental problems. 07:53PM 10 Forget the greenness. It's 11 obviously not green now. It's brown. Anything 12 that comes off that property is brown, goes 13 directly into a creek, and quite green of you 14 doing solar panels and the geothermal and all. 07:53PM 15 Let's get the ground problems solved 16 before we start putting up more and more concrete 17 up on the area, including the buildings, the -- I 18 believe they are going to be duplex -type buildings 19 or something, you know, I may be wrong, but it's 07:53PM 20 not single family dwellings any longer. 21 I'd rather see the single family, 22 which it was approved for originally, less 23 population density, more, quote, green area, a lot 24 more grass area than what they are proposing. Depo•Court Reporting Service (630) 983 -0030 48 1 MAYOR BURD: Well, I think according to 2 the plat, I think that is already set up where the 3 houses are going to be, so can somebody address 4 that? I don't know -- could you address that, 07:54PM 5 sir, your plans? 6 Does anybody have any idea how much 7 more -- 8 MR. HUINKER: I'm sorry, I was talking 9 to -- 07:54PM 10 MAYOR BURD: He was saying that he is 11 concerned that once again about covering more of 12 the land with concrete for the villas. Are they 13 going to be that much bigger than the original 14 footprint, do you know? 07:54PM 15 MR. HUINKER: You are going to slightly 16 have a little bit more, but that's -- that's why 17 we are proposing the rain gardens to compensate 18 for the additional area of the rooftop. 19 MAYOR BURD: Could we talk a little bit 07:54PM 20 more about the erosion? Because like Mr. Lambke 21 said, this was one of the main things that he and 22 I talked about when I went out to his property and 23 I witnessed -- you know, at the time work had not 24 been completed, there was finishing of the road P � g Depo•Court Reporting Service (630) 983 -0030 I 49 1 but the dirt just pours down. 2 Is there anything from the IEPA in 3 court against this subdivision? Do you know of 4 anything? 07:55PM 5 MR. PHILIPCHUCK: I don't know of 6 anything. 7 MAYOR BURD: I mean, it will come out I 8 when we ask for these records, but -- 9 MR. PHILIPCHUCK: There may be, but I am 07:55PM 10 not aware of it. 11 MAYOR BURD: Okay. 12 MR. HELM: Hello. Jason Helm, manager 13 for Kendall Land. We are in discussions with the j 14 EPA, we currently have 21 days to resolve all the 07:55PM 15 issues . We are under contract with EnCap 16 Consultants to take care of all the problems 17 within 21 days. If we do not do that, we will be 18 going to court proceedings. 19 ALDERMAN SPEARS: Excuse me, sir. When 07:55PM 20 did you receive this notification from the EPA? 21 MR. HELM: I'd have to check. 22 ALDERMAN SPEARS: Approximately. 23 MR. HELM: Six months ago. 24 ALDERMAN SPEARS: Six months ago, and Depo•Court Reporting Service (630) 983 -0030 50 1 this is just coming to us right now? 2 MR. HELM: Well, our first plan of 3 attack was denied by the EPA, we had to resubmit. 4 The delay was really on the IEPA portion, not 07:56PM 5 ourselves. 6 ALDERMAN SPEARS: I would also like to i, 7 have copies of all these documents as well. 8 MR. HELM: Sure. 9 ALDERMAN SPEARS: As long as our Council 07:56PM 10 is going to be voting on this, I would like to 11 have any document that was prepared by the EPA 12 that was sent to you, sent to our City, even 13 residents. I think it's very important that we do 14 review all of this information. 07:56PM 15 MR. HELM: Yes. I 16 ALDERMAN SPEARS: Thank you. 17 MAYOR BURD: Alderman Gilson. 18 ALDERMAN GILSON: I have a few I 19 questions. Number one, I tend to agree with a lot 07:56PM 20 of these residents for the fact that if you are 21 adding higher density housing as proposed here to 22 this development and you are already having 23 run -off problems with water, it's only going to I 24 exaggerate and make that run -off more the way I Depo•Court Reporting Service (630) 983 -0030 51 1 see it. 2 I don't see -- I agree with the i 3 gentleman back there, rain gardens is not going to 4 solve that problem. 07 :57PM 5 Is GE or Kendall Land Development 6 proposing anything -- I didn't hear any solution 7 as to how they're going to solve that issue yet. 8 Is there anything you are going to do to help 9 eliminate that problem? 07:57PM 10 MR. HELM: The erosion problem will be, 11 you know, a constant maintenance, whether it's 12 single family or the multi - family. The engineer 13 can speak more to the percentages of the 14 non - pervious areas. 07:57PM 15 ALDERMAN GILSON : And then I have just a 16 few more if you don't mind, a couple more. Is 17 Kendall Land Development -- are you going to be 18 the one paying the contractors to do this work? 19 MR. HELM: Yes. 07:57PM 20 ALDERMAN GILSON: Has there ever been an 21 issue where Kendall Land Development hasn't paid 22 their contractors in the past? 23 MR. HELM: I am the manager, not the 24 investor. Depo•Court Reporting Service (630) 983 -0030 52 1 ALDERMAN GILSON: I believe, if I am not 2 mistaken, we have called letters of credit for f 3 this property, due to the fact that they haven't 4 paid their contractors. I see that as an issue i 07:58PM 5 here. 6 And the other thing I have -- are 7 you willing to -- well, I guess this is a question 8 for GE, and on top of GE, I'll ask this gentleman 9 one more question. 07:58PM 10 For GE in all of your communities 11 that you have built nationwide, what's your 12 densities per acre of units nationwide? 13 MR. FELDMAN: We don't build any 14 communities. Our developers develop the 07:58PM 15 neighborhoods with our program, and I have no idea 16 what the densities are nationwide. I have no 17 idea. 18 ALDERMAN GILSON: Does anyone know what 19 the densities built in these communities are, in 07:58PM 20 other communities nationwide? 21 MR. FELDMAN: I have no idea. What is 22 your question? Maybe I can answer a different c 23 one. 24 ALDERMAN GILSON: Well, basically in our Depo•Court Reporting Service (630) 983 -0030 53 1 Comp Plan is not -- is defined as suburban . 2 neighborhood and you are asking for us to go a 3 higher density than what we have in our Comp Plan, 4 and my question is are you willing to build i 07:59PM 5 accordin g g to suburban neighborhood as defined in 6 our Comprehensive Plan? I , 7 MR. FELDMAN: I don't think that's -- is 8 that a GE question? 9 ALDERMAN GILSON: No, that's a land 07:59PM 10 development question. 11 MR. HELM: I'm sorry, say that again? 12 ALDERMAN GILSON: Our Comp Plan defines , 13 this property as suburban neighborhood, that's 14 what we had planned to build there. You are 07:59PM 15 asking for a higher density development, which 16 would not be suburban neighborhood. 17 Are you willing to build according 18 to our definition of what suburban neighborhood 19 is, which is 1.5 -- between 1.5 and 2.25 dwelling 07:59PM 20 units per acre? 21 MR. FELDMAN: That's a question for John 22 here. 23 Mr. PHILIPCHUCK: George, you weren't 24 listening when I talked about this earlier I: Depo•Court Reporting Service (630) 983 -0030 54 1 apparently. 2 ALDERMAN GILSON: I was. 3 MR. PHILIPCHUCK: Okay. The property 4 has an R -2 zoning now. The R -2 zoning allows os:ooPM 5 densities, 3.3 DU per acre is permitted in an 6 R -2 District, okay? That's what it's zoned today, I 7 all right? 8 ALDERMAN GILSON: That's not what our 9 Comp Plan defines for this area. It defines for a os:ooPM 10 suburban neighborhood, though. 11 MR. PHILIPCHUCK: My point was the 12 community came back after the property is zoned, 13 after the property is platted and decided to adopt 14 a Comp Plan that takes away density from the os:ooPM 15 property. i 16 The property was already platted and 17 approved. That's why I'm saying I think you 18 really have to take a look at this because what 19 happened to this particular piece of property is os:ooPM 20 not right, and now to come along and use a plan 21 that we all know is a guide, it's for future 22 development, it's not fixed in stone, it's 23 something that's flexible and it changes a lot. 24 This community and all the other communities make Depo•Court Reporting Service (630) 983 -0030 55 1 plans and change them, they make them and change 2 them. 3 ALDERMAN GILSON: Well, Mr. Philipchuck, 4 I understand that. 08:01PM 5 MR. PHILIPCHUCK: Okay, all right. 6 Well, you're saying why don't you follow our plan. I 7 ALDERMAN GILSON: I couldn't recall -- 8 MAYOR BURD: Alderman Gilson, would you I 9 please let him finish? 08:01PM 10 ALDERMAN GILSON: Oh, I'm sorry. Go 11 ahead. 12 MR. PHILIPCHUCK: No, I'm just saying i 13 that if you look at what is on the property, what 14 it currently has today, okay, and even with our 08:01PM 15 proposed PUD, our density is under what is allowed 16 today. 17 In other words, if we wanted to come 18 back -- let's say you said well, this PUD is a 19 silly idea, we don't think you should do it. My 08:O1PM 20 client has a right to come back in and resubdivide 21 the property and they are allowed to add more lots i 22 as long as we can meet the zoning requirements, 23 and .increase the density. I 24 And how much can we increase the Depo•Court Reporting Service (630) 983 -0030 56 1 density? Up to 3.3. And what is our proposal? 2 2.35. And what is your Comp Plan -- which I 3 maintain should not apply in this case, you should 4 disregard it because I don't think it was done 08:02PM 5 correctly as applied to this property -- 2.25. 6 It's a little bit -- Staff says why 7 don't you cut five units out? Well, as you know, 8 in this market, it costs money to do these 9 developments, we think we've got a good plan, we 08:02PM 10 think by adding another market share in the 11 development makes it better, and that's why we're 12 asking for that attached property, and yes, the 13 density does come up, but we didn't design the 14 subdivision originally to the max density that 08:02PM 15 could be put on the property. That's the bottom 16 line. 17 MAYOR BURD: Yes, sir. 18 ALDERMAN GILSON: Mr. Philipchuck, I 19 understand what you are saying, but -- 08:02PM 20 MR. PHILIPCHUCK: Okay. 21 ALDERMAN GILSON: -- I guess, number 22 one, I am a firm believer in our Comp Plan, I 23 think we're facing an issue by building it the way 24 the people want it to be built, but I understand Depo•Court Reporting Service (630) 983 -0030 57 1 the problem with that theory is that added density 2 adds to an added problem, which what these people 3 out here are talking about is the run -off and 4 water that's not being controlled coming off of 08:02PM 5 that property, and that being said, the more 6 houses you put on a property, the more run -off 7 there is going to be, and I don't hear any 8 solutions as to what you are going to do to 9 eliminate that. 08:03PM 10 MR. PHILIPCHUCK: The ordinances of the 11 City will be followed, City engineer and your j 12 consultants will evaluate the plans to make sure 13 that we comply with all of the ordinance i 14 requirements. 08: 03 15 As you probably know -- but you 16 haven't been on Council as long as a lot of the 17 others, but bottom line is when you take developed 18 property and you put in all the stormwater 19 detention requirements, you get less run -off from 08:03PM 20 that property than you did in the pre- development i 21 state. . 22 A lot of people have a mistaken i 23 belief that well, if it's a corn field, obviously 24 you're not going to get as much run -off once it's j; Depo•Court Reporting Service (630) 983 -0030 58 1 developed as a subdivision. 2 But the facts are, though, is that 3 you will get a holding back of the water in the 4 subdivision because of the retention that's 08:03PM 5 required as opposed to the sheet flow that comes 6 off of the corn field. I 7 ALDERMAN GILSON: So what you're trying 8 to tell me, Mr. Philipchuck, just so I'm clear in 9 my head when I go to vote on it, is that the 08:04PM 10 housing on that property is not going to increase 11 the run -off on that property? 12 MR. PHILIPCHUCK: We have to accommodate 13 any increased impervious surface, we have to 14 accommodate that pursuant to your ordinances. 08:04PM 15 ALDERMAN GILSON: With rain gardens, is 'I 16 that what I'm hearing, though? 17 MR. PHILIPCHUCK: Part of what we're 18 doing is putting in rain gardens, part of it is, 19 you know, we will work with the City engineer to 20 determine what the capacity is needed in the 21 detention facilities versus what increased 22 impervious there may be. 23 Because it's not like we're going 24 from zero. You can put a large home and a two or i Depo•Court Reporting Service (630) 983 -0030 59 1 three -car driveway on it and get X, and you can 2 put an attached product on there and get Y. X and 3 Y may be very close together, okay, as far as the 4 amount of impervious. 08:04PM 5 But part of what we're doing in 6 taking and creating the rain gardens to divert 7 that water, and it's a water quality issue as well 8 as a holding back of water before it can get into 9 the detention facilities. 08:04PM 10 Any time you start a new subdivision 11 you do get some issues with soil erosion. It is 12 part of what has -- what happens, but soil erosion 13 measures are put in place, we've been back in, and 14 I think you heard Mr. Helm's testimony, and they 08:05PM 15 are working with the EPA to correct the problems 16 and they will be corrected, and so yes, as we move 17 forward, we have to correct those problems and we 18 have to meet the ordinances and address your 19 concerns. 08:05PM 20 They are legitimate concerns. The 21 people's concerns are legitimate. But I think, as 22 someone else pointed out, whether we build the 23 subdivision that's there today or we go with the I 24 PUD plan, we still have to meet these criteria. I Depo•Court Reporting Service (630) 983 -0030 I 60 1 We still can't, you know, flood anybody's homes 2 and we can't put silt out in the streets. j 3 Already taking measure -- and I 4 think if you've been out there you have seen the i 08:05PM 5 patching that's been done, the curb work that's 6 been done, the grass that's been planted, the mats 7 were down now, all of this to help control the 8 issue that was out there with the erosion, and we 9 have to make that effort. 08:05PM 10 MAYOR BURD: Does anyone else in the 11 audience have a question? 12 MS. LAMBKE: Yeah. I am Mrs. Lambke, 13 also on Van Emmon. 14 If you were the builder there 08:06PM 15 before, why wasn't this done properly the first 16 time? Why wasn't it inspected while it was going 17 up? 18 There was holes in the silting dam, 19 the retention ponds were not property retained, 08:06PM 20 that's why all the water kept flowing. About a 21 month ago we had an inch of rain at night, another 22 inch the next day, I had water in my basement. 23 I would like you to come see my 24 basement to see the damage you have done. Are you i Depo•Court Reporting Service (630) 983 -0030 61 1 willing to fix my basement, sir? Talking to you. 2 If you are the original builder that was there 3 before, why wasn't this done properly? Why wasn't 4 the retention ponds -- they were not built 08:07PM 5 properly, and why wasn't the silting -- your ' 6 silting bags had holes in it. 7 Why wasn't it inspected all along to 8 make sure it was working property? Now you want I 9 to rebuild it? You've got a mess. I'm not done 08:07PM 10 yet because my basement is ruined. 11 I moved in five years ago, my house 12 was spotless. Perfect. You have come see it now. 13 The Y Mayor has been to m house she's been to a 14 few houses. It's horrible. You don't live in it. 08:07PM 15 Why wasn't this inspected by the City? 16 MR. PHILIPCHUCK: Well, I'm sorry for 17 your loss. All I can say is I don't know what 18 caused your damage. I know you have an idea, but 19 I can't say -- 08:07PM 20 MS. LAMBKE: Just because of improper 21 work. 22 MR. PHILIPCHUCK: -- of how that water 23 got in your basement, if it was a result of what 24 we did or didn't do or it was some other function. Depo•Court Reporting Service (630) 983 -0030 62 1 I think the gentleman mentioned the 2 sewer project that went in. Other things have 3 been done out there, so to say that we caused your 4 problem -- 08:08PM 5 MS. LAMBKE : ' You added to it. i 6 MR. PHILIPCHUCK: I don't know. I don't 7 know if that's true. 8 MAYOR BURD: Did we do inspections? 9 MR. WYWROT: We did. 08:08PM 10 MAYOR BURD : Okay. 11 ALDERMAN WERDERICH: Actually I would 12 like to ask Travis to comment in regards to the 13 Plan Commission meeting and the Plan Commission 14 vote and what the outcome was and for the record I 08:08PM 15 what they discussed that led them to that outcome. 16 MR. MILLER: Sure. Absolutely. As was 17 stated by the petitioner earlier in the public 18 hearing, the Plan Commission did not recommend 19 approval of this rezoning to PUD. 08:08PM 20 The findings weren't discussed 21 individually prior to the vote being taken by the 22 Plan Commission, but attached in your packet I did 23 include minutes from the Plan Commission so we can 24 review the discussion, and the highlight is that Depo•Court Reporting Service (630) 983 -0030 63 1 there were members that had concern on a couple of 2 items. One was on density and the increased 3 density beyond the Comprehensive Plan 4 recommendation for the property. That was echoed 08:09PM 5 by more than one Plan Commission member as the 6 Plan Commission members had final comments before 7 they did vote. 8 Another item that raised concern was 9 this second point of access. It was understood 08:09PM 10 that the access point to the south would occur 11 prior to the first occupancy permit. There was 12 concern that that should be put in place prior to 13 any construction of any units to allow for 14 emergency vehicles and access in and out of the 08:09PM 15 development, so that that is a remnant or a result 16 of the previous subdivision plat. 17 The current subdivision plat has one 18 access with an emergency access. The Plan 19 Commission just reiterated their concern about 08:09PM 20 having one access out of this subdivision. 21 Those were the two primary issues 22 that I recall from the Plan Commission meeting. 23 The meeting minutes are in the packet. 24 ALDERMAN WERDERICH: Sure. I was just Depo•Court Reporting Service (630) 983 -0030 64 1 hoping to have a recitation for the public hearing 2 record. 3 MR. MILLER: I would like to comment on 4 the Comprehensive Plan and its relevance in this 08:loPM 5 decision. i 6 When I prepared the Staff report, I 7 did reflect the Comprehensive Plan and the 8 Comprehensive Plan recommends for the property 9 regardless of the platting of this property 08:10PM 10 happening prior to the latest update to the 11 Comprehensive Plan. 12 The Comprehensive Plan is still a 13 resource that should be reviewed by.the City 14 Council in making decision for future plan uses g p 08:1OPM 15 for any zoning change to a property. 16 The Comprehensive Plan, particularly 17 future land use recommendations, the Comprehensive 18 Plan should be reviewed and should be considered. 19 So even though the plat of this 08:1OPM 20 development already entitles the development to a 21 higher density than the Comprehensive Plan 22 suggests, it doesn't make the Comprehensive Plan. 23 moot in this decision. It should be considered 24 just by Staff, including language of the Depo•Court Reporting Service (630) 983 -0030 65 1 Comprehensive Plan in the Staff report. 2 MAYOR BURD: I have a question about 3 that, though. I am confused on why we would -- we 4 would put in a Comprehensive Plan something that 08 11P 5 didn't agree with existing zoning that we knew we 6 had already passed that was going to be developed 7 that way that had already been platted recently, 8 and, you know, it seems like we're setting 9 ourselves up for defeat because we're saying, 08:11PM 10 okay, we've changed our mind now, we just passed 11 this, but now we don't want it like that anymore, 12 so let's put something else here, even though we 13 know that these people aren't going to do that. 14 That doesn't make any sense to me. i � t 08:11PM 15 MR. MILLER: The Comprehensive Plan is a ' I 16 guide document. It makes land use recommendations 17 for the entire City and the entire City's plans. - i 18 Many of those areas have already been developed or 19 have entitlement to be developed that aren't 08:12PM 20 exactly consistent with or a carbon copy with what 21 the Comprehensive Plan says. 22 The Comprehensive Plan Plan 23 Committee nd the Plan Commission in-preparing a 24 their recommendations on the land use map looked Depo•Court Reporting Service (630) 983 -0030 66 1 at the global community and made land use 2 recommendations that they felt were appropriate 3 looking at the -- what we said at the time, 4 30,000 -foot level at the community, so one of 08:12PM 5 the -- the exercises that the citizens' group went 6 through back in 2008 was we actually prepared a 7 map showing all of the communities -- all the 8 properties that have been entitled with 9 preliminary PUD plat or more, so there was a map 08:12PM 10 created that showed residential lots, showed 11 commercial development that had been approved and 12 not constructed, so that was a piece of 13 information that was understood at the time the '! 14 land use map was being prepared, that was not 08:13PM 15 uncommon as you look at the Comprehensive Plan to 16 see that vision, the future land use map, 17 suggesting uses that may be different than what's 18 there today or different than what's entitled, but 19 should still be reviewed when decisions are made, 08 ;13PM 20 existing development, redevelopment in the future, 21 so the Comprehensive Plan is still a tool and a 22 future vision. The Comprehensive Plan isn't 23 always the same as what's entitled or what was 24 constructed. Does that answer -- Depo•Court Reporting Service (630) 983 -0030 I 67 1 MAYOR BURD: Well, I just have to say my 2 concern here is that I don't see how we can get 3 there, I really don't, because it's already zoned 4 R -2 and R -2 allows higher density than what they 08:13PM 5 are asking for, so if anybody here can explain to 6 me how we can coerce them into having less density 7 than R -2 zoning if we don't pass the PUD, I am 8 open to hearing it, but I -- it seems to me like 9 they could just go back and build more houses, you 08:14PM 10 know, if they wanted to have that 3.3, is that 11 correct, per acre, which is what they are entitled 12 to; is that correct? 13 MR. MILLER: That's correct, but the -- 14 that entitlement also requires a minimum 08:14PM 15 12,000-square foot lots. 16 MAYOR BURD: Okay. 17 MR. MILLER: It requires all the 18 stormwater management basins -- 19 MAYOR BURD: Right. 08:14PM 20 MR. MILLER: -- so the reason they are 21 not at 3.3 I would suspect is -- 'i 22 MAYOR BURD: They can't fit them on ?I' 23 that, right. Okay. Gentlemen? Alderman Gilson? 24 ALDERMAN GILSON: And just for the :j. Depo•Court Reporting Service (630) 983 -0030 68 `! 1 record, because I hope that we're not going back 2 and talking about this later, but for the record, 3 that's one of many issues that are obviously a 4 problem here; one being run -off, which I don't 08:14PM 5 think's been addressed; two being the current 6 developer, Kendall Land Development, hasn't paid 7 all his subcontractors and we are getting into an 8 issue of pulling letters of credit in regards to 9 that issue, and you know, I think if you talk 08:15PM 10 about a vision, and I think we agree with Travis; 11 we do have a vision how we want to see it grow, we 12 can't hold them to that, but it's a vision, and 13 that's not the only Y reason why I feel that this 14 proposal has problems. 08:15PM 15 MAYOR BURD: Well, we are just here to 16 ask questions this evening, we are not here to 17 debate this issue. Yes, sir. 18 MR. PHILIPCHUCK: Well, George, you 19 brought up the fact about non - payment of 08:15PM 20 contractors. Let me put it to you this way. If 21 you had a contractor come to your home, okay, and 22 he did work and then he came for payment and you 23 decided that it wasn't the way you really wanted 24 it or it wasn't done pursuant to the contract, you Depo•Court Reporting Service (630) 983 -0030 69 1 probably wouldn't pay him all his money, would 2 you? Probably wouldn't, right? 3 ALDERMAN GILSON: That's correct. 4 MR. PHILIPCHUCK: Okay. And that's what 08:15PM 5 that issue is here, but the way the City's 6 r -- o dinance reads about letters of credit which I 7 don't agree with, but that's what it says -- is 8 that if there is some issue like that, you can 9 pull the letter of credit. 08:16PM 10 So please, don't take that issue to 11 somehow disparage my client and this proposal. 12 The proposal stands on its own, but if work was 13 done and we didn't feel it measured up to our 14 contract and we didn't pay them and then somebody 08:16PM 15 goes and says oh, pull their letter of credit 16 because they didn't pay us, well, there very well 17 may be some good reasons why they weren't paid, 18 George. 19 ALDERMAN GILSON: And Mr. -- I'm not -- 08:16PM 20 MAYOR BURD: And we no longer -- we no 21 longer have our letters of credit written like 22 that, we have amended that, so that's been i 23 changed. 24 MR. PHILIPCHUCK: Thank you. Depo•Court Reporting Service (630) 983 -0030 i 70 1 MAYOR BURD: Number two, what our City =` 2 attorney has advised me that that issue is not 3 something that should be on the table as far as us 4 making this decision about this. That's a private 08:16PM 5 issue between the developer and their contractor. =I� 6 MR. PHILIPCHUCK: Exactly. I would like i 7 to correct it for the record. 8 MAYOR BURD: So please let's not discuss 9 that. Yes, sir. 08:17PM 10 ALDERMAN GILSON: When we look at 11 approving this going forward, do you agree we 12 should be looking at the total history of who we 13 are dealing with here? 14 MAYOR BURD: Well, please don't -- 08:17PM 15 ALDERMAN GILSON: I am asking that of 16 the developer. 17 MAYOR BURD: You want to ask him? Okay. 18 ALDERMAN GILSON: Well, the developer 19 and obviously Mr. Philipchuck because I guess when 08:17PM 20 I look at approving something like this, I want to 21 know if we're dealing with a developer that has 22 any issues that we are going to see later on, 23 number one, not paying contractors; number two, 24 not fixing stormwater run -off, which we are I Depo•Court Reporting Service (630) 983 -0030 li 71 1 currently experiencing in Windett Ridge, Raintree 2 and other areas; number three, when we are talking 3 about a development, you know, I guess I think all 4 that needs to be considered, and I still haven't 08:17PM 5 heard any solutions to some of the questions we 6 have asked. 7 MAYOR BURD: Could we let the City 8 attorney be heard one last time on this issue? 9 ALDERMAN GILSON: Sure. 08:17PM 10 MS. ORR: The question is, so with 11 regard to the developer, with regard to issues of 12 letter of credit, they are not relevant to the 13 decision. is 14 Questions with regard to run -off, 08:18PM 15 with regard to density, are zoning issues and 16 what's before you is a zoning issue, and I highly 17 recommend that's the focus that you base your 18 decision on. 19 You can ask your question, but that 08:18PM 20 would have to be the focus because that is the 21 question you are asked to respond to. 22 ALDERMAN GILSON: And there is a problem 23 and I just want to point out that those are big 24 issues. Depo•Court Reporting Service (630) 983 -0030 I 72 i 1 MAYOR BURD: Well, let's stop. Did you, 2 Mr. Philipchuck, wish to address that? 1�1 3 MR. PHILIPCHUCK: I think the City 4 attorney addressed it. ' 08:18PM 5 MAYOR BURD: Alderman Golinski. 6 ALDERMAN GOLINSKI: Yes. My question 7 actually is for Mr. Feldman since he came all the 8 way from Florida. I really like the concept of 9 this GE Ecomagination -type community. I'm 08:18PM 10 curious, what is the role of GE or Ecomagination? 11 You know, after the community develops, after it's 12 mature, after the developer has moved on, the home 13 builder has moved on, what's GE's role in it? 14 MR. FELDMAN: Okay. So thank you. We 08:19PM 15 stick with the house three years after closing to 16 make sure it continues to perform at the 17 guaranteed levels that we put in place. 18 So a home is going to perform at 19 certain levels of water savings in the home for 08:19PM 20 the water bill and obviously less water use, 21 electrical savings, and we stick with those 22 savings for three years after the home closes. 23 So if you go and look at other 24 programs that do similar things, they stay for Depo•Court Reporting Service (630) 983 -0030 73 1 12 months and we stick with the homeowner for 2 three years, so we think it leaves a much better 3 flow from the first home to the last home. 4 ALDERMAN GOLINSKI: Okay. Is there any 08:19PM 5 sort of re- certification for these homes? I guess 6 after five, seven years the water heater goes out 7 and they replace with something less efficient or 8 a furnace goes out, they replace with something 9 less efficient. 08:19PM 10 MR. FELDMAN: Okay. So to re- certify, 11 it would only make sense if you got more money. 12 Certification in our world means you got money 13 from the state or the United States g overnment. 14 That's why we certify. That's why we tell our 08:20PM 15 builders to certify because there is money out 16 there, let's go get it. Because someone else is 17 going to get it, we might as well drive it into 18 our communities. 19 After that you would just have to -- 08:20PM 20 I would believe, especially in our current 21 environment, if you bought a hot water heater 22 seven years ago and that yellow sticker on the 23 side doesn't show you dramatic savings in the way 24 we currently heat water, we all made a big Depo•Court Reporting Service (630) 983 -0030 74 1 mistake. 2 I can tell you GE is making a huge 3 mistake because we are putting hundreds of 4 millions of dollars into new water heaters. . 08:20PM 5 So ongoing after three years, the 6 certification stops. So I wouldn't say we have 7 any fingers back into the home to say you have to 8 buy this certain hot water heater right now 9 because we don't. We don't come back and say your 08:20PM 10 furnace and efficiency on the HVAC has changed. 11 For one, they really don't, and the way 12 manufacturers are driving their future sales are 13 for efficiencies, so we are just going to gain, so 14 the shell of the home is so much better, every 08:20PM 15 time we add an efficient product, we just keep 16 getting more chips in our pocket, keep getting 17 better. 18 Now, can I prove that to you? No. 19 I believe it because I'm in sales, so if you 08:21PM 20 believe it, we're successful, but the reality of 21 life is they're going to get better because 22 companies like Home Depot and Lowe's and other i 23 companies, manufacturers like us, our customers i 24 demand it, and we better dang well demand it Depo•Court Reporting Service (630) 983 -0030 75 1 because the way they currently run are -- we're 2 not driving. 3 ALDERMAN GOLINSKI: And that makes l 4 absolute sense to me. Now . you talked about 08:21PM 5 Lowe' s and Home Depot, that was one of my 6 questions, as far as the purchasing of all these 7 appliances and components that go in these homes, 8 I mean, does the developer go and buy everything 9 from GE direct or our local improvement 08:21PM 10 distributors? 11 MR. FELDMAN: Okay. Great question. So 12 if the developer currently buys locally, then the 13 developer currently buys locally our stuff. No 14 change. If the currently -- some of our builders 08:21PM 15 desire a relationship to buy their kitchen 16 appliances directly from General Electric, that's 17 available, too. 18 It's more based on their business 19 model. Whatever they propose to us, we generally 08:21PM 20 say yes. We don't change much in the way the 21 builder goes through his business of building of a 22 home after the blueprint and certification 23 happens. 24 Everything else is just normal flow Depo•Court Reporting Service (630) 983 -0030 76 1 because getting in the middle of any of that is ji 2 going to cause a problem. We want them to build 3 them quick and repeat it. So if they buy through 4 a local kitchen supply warehouse or distribution 08:22PM 5 center, God bless, we just want to fill that one 6 up and keep doing it. 7 If they buy it directly from General 8 Electric and it ships here from, I don't know 9 where, Louisville, Kentucky, to some sort of 08:22PM 10 docking facility in this state, that's how they 11 always do it, so no change. Almost no changes. 12 Most of the changes happen because the builder is 13 requesting it as a little bit of upgrade on how to 14 they used to do things. It doesn't happen that 08:22PM 15 much. They do it like they always do it. 16 ALDERMAN GOLINSKI: Okay. Thanks. 17 MR. FELDMAN: Okay. Thanks for your 18 questions. 19 MAYOR BURD: Does anyone else have 08:22PM 20 questions? 21 ALDERMAN SUTCLIFF: I have some 22 comments. It's unfortunate that GE is coming into 23 this process after we have a lot of problems. I 24 This property has been stripped and there is Depo•Court Reporting Service (630) 983 -0030 77 i 1 erosion problems, there is water problems, it's -- 2 I am not an engineer, so I don't know what 3 happened with the engineering, it sounds like 4 somebody dropped the ball somewhere. i 08:23PM 5 Number one, it has to get fixed. 6 Number two, this needs to be developed because the 7 sooner you develop this property, the sooner 8 you're going to get plantings on there and the 9 sooner you're going to solidify that ground. You 08:23PM 10 are going to get more water absorption and 11 decrease the amount of water flowing into 12 everyone's house and into the roads and into the 13 creek. 14 Okay. Now, this developer is not 08:23PM 15 going to build the development that he said he was 'I. 16 going to before. It's not cost efficient for him. 17 He's putting his money out there, it's his risk. 18 This is what -- this is what he feels is the best 19 thing for him to invest in. He is an investor. 08:23PM 20 So if any of you want to go and put money down and 21 accept that risk, you have to keep that in mind as 22 well. ._, 23 MAYOR BURD: Alderman Sutcliff, do you 24 have questions? Depo•Court Reporting Service (630) 983 -0030 78 1 ALDERMAN SUTCLIFF: Oh, I'm sorry. 2 Okay. 3 MAYOR BURD: This is not a time to be 4 making statements, but do you have any questions? 08:24PM 5 ALDERMAN SUTCLIFF: Yeah. Does GE 6 create the home plans or is that up to the 7 builder? 8 MR. FELDMAN: I'm sorry, I didn't hear 9 your question. Does GE what? 08:24PM 10 ALDERMAN SUTCLIFF: Is it GE home plans, 11 does the builder create his own home plans from GE 12 specifications? 13 MR. FELDMAN: Okay, thank you. So the 14 builder presents his plan, we take a ten -day plan 08:24PM 15 review and we give them back, so all we do is say 16 most of our builders are this green and they have 17 to be that green and we show them the gap so they 18 can go get it budgeted and corrected. 19 Two, they don't have to. They can 08:24PM 20 say forget it, I don't want to build here. Great. 21 We have a lot of builders who say we're not going 22 to spend the extra money today. Fine. I don't 23 blame them, it's a tough environment. 24 But most of our builders are -- Depo•Court Reporting Service (630) 983 -0030 79 I 1 realistically, the ones that sign up, are within 2 one and a half to two percent of the price of the 3 home and they go for it. 4 So the plans that our builders put 08:24PM 5 in place are theirs; we review them under a 6 program called Environments for Living. Once we 7 show them where the shortfalls are, maybe the duct 8 runs are too long, they can't be more than 9 ten -inch round, stuff that builders speak all the 08:25PM 10 time, we give them back to them in builder speak. 11 They evaluate whether or not they want to move 12 forward, they dollar -rise their story and we 13 launch or we come back another time. 14 So GE does not create any house 08:25PM 15 plans that I have ever seen, not in this program 16 anyway. 17 ALDERMAN SUTCLIFF: Good. 18 MR. FELDMAN: Thank you for the 19 questions. 08:25PM 20 ALDERMAN SUTCLIFF: All the questions 21 that I have. 22 MAYOR BURD: Okay. You will have a 23 chance when we do discussion at another session. 24 Is there anybody else? Alderman Spears. Depo•Court Reporting Service (630) 983 -0030 80 1 ALDERMAN SPEARS: I have several 2 questions based on the information I believe we 3 received. Correct me if I am wrong, but I believe 4 we were told the erosion is due to exposed soil 08:25PM 5 and erosion control measures are in place, and 6 also is it true that the erosion will continue 7 until vegetation is planted and everything else? 8 Is this not what we just heard? Anybody? 9 MR. HUINKER: Any time you have exposed 08:26PM 10 soil, until that soil is stabilized in some 11 manner, you will have erosion, and the way that 12 you deal with that erosion is you come up with 13 temporary erosion control measures, so there are 14 different things that you can do to capture that 08:26PM 15 silt and sediment before it gets into a storm 16 sewer system or before it actually releases into a 17 drainageway. 18 So, number one, your best case 19 scenario is to have your soil covered. If you 08:26PM 20 can't do that or if you are waiting for that to 21 occur, then you provide these temporary measures, 22 and there is a multitude of different measures 23 that you can do to capture the silt before it 24 leaves the site, and as part of that there is a Depo•Court Reporting Service (630) 983 -0030 81 1 comprehensive sedimentation control plan that is 2 prepared and is part of the construction 3 documents, and obviously that is something that is 4 used until all of the proper vegetation is 08:27PM 5 established, so that is a -- there is a continual i 6 maintenance of that -- these temporary erosion 7 control measures that are required. 8 ALDERMAN SPEARS: My question is why 9 were these measures not in place when these people 08:27PM 10 started to get flooded? Why did the developer not 11 act on this to prevent them? 12 My fear is every time that they 13 decide they are going to construct a new home -- I 14 mean, these people may be getting mudslides by 08:28PM 15 that time because vegetation will not be there. 16 I've never seen a home that when they started 17 digging the ground for a new construction that 18 they already have sod and the vegetation in. 19 I mean, we're not going to see that, 08:28PM 20 so I think that the flooding is just going to 21 continue and it's going to increase, and that is 22 why I have a major problem with the entire 23 development. 24 And also I would like to -- thank i Depo•Court Reporting Service (630) 983 -0030 I 82 1 you. I would like to comment on one more thing -- 2 well, actually two items. I believe during our i 3 committee meeting we were told that the -- not 4 condos, but villas were targeting the 08:28PM 5 empty- nesters, and, again, I would just like to go 6 on public record as saying empty- nesters -- and 7 another word for that would be aging population -- g g P P 8 and aging population, empty- nesters, do not want 9 two -story homes. They are just trying to avoid 08:29PM 10 that in order to stay in their communities. So I 11 am also a little apprehensive on what's being 12 proposed as the villas, and I -- 13 MAYOR BURD: Alderman Spears, is there a 14 question here? Because like I said to Alderman 08:29PM 15 Sutcliff, this is more question, not a time to 16 espouse your views. 17 Later on when we come for a vote, 18 then we will debate it and you can fully explain 19 how you feel about the subdivision, but right now 08:29PM 20 we are more here to ask questions and for them to 21 provide us with information, so -- 22 ALDERMAN SPEARS: Okay. I will just 23 have one -- one final question then. 24 MAYOR BURD: Okay, thank you. Depo•Court Reporting Service (630) 983 -0030 83 1 ALDERMAN SPEARS: Is it true that 2 currently we have inadequate retention for the 3 detention facilities? 4 MAYOR BURD: That's a good question. I 08:29PM 5 Thank you. 6 MR. HUINKER: The detention basins that I 7 were constructed were based off of City 8 ordinances, and that was followed, and what we are 9 proposing I guess to supplement that is the 08:30PM 10 addition of the rain gardens on top of that, so we 11 are looking to provide additional stormwater 12 maintenance or stormwater control on top of what's 1 I 13 there already. 14 ALDERMAN SPEARS: Okay. Thank you. 08:30PM 15 MAYOR BURD: Are there any other 16 questions? 17 _ (No response.) 18 MAYOR BURD: I am going to call the 19 public hearing closed. 20 (Which were all the 21 proceedings had in the 22 public hearing portion of 23 the meeting.) I_ 24 --- 000 - -- Depo•Court Reporting Service (630) 983 -0030 84 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF LA SALLE ) 3 I Christine M. Vitosh a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the i 7 foregoing Report of Proceedings, Pages 1 through 8 85, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related !i 14 to any of the parties to this suit, nor am I in +I 15 any way interested in the outcome thereof. I 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 i 23 i 24 Depo•Court Reporting Service (630) 983 -0030 85 1 In testimony whereof, I have 2 hereunto set my hand this 17th day of November, 3 A.D. 2009. 4 i 5 6 Christine M. Vitosh, CSR 7 CSR No. 084 - 002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 86 3 92,000 [1) - 28:11, 38:6, 68:5, 79:20, 80:1, 81:8, 84:17 19:10 72:4 82:22, 83:1, apply [1] - 56:3 adds [1] - 57:2 83:14 appreciate Ill - $172,000 [1] - 3 [1] - 20:1 A adjacent [41- alderman (4] - 11:17 21:20 3.314] - 54:5, 4:12, 10:21, 50:17, 77:23, apprehensive $300 (21- 21:1, 56:1, 67:10, 12:22, 39:14 79:24, 82:13 Ill- 82:11 21:4 67:21 A.D [1] - 85:3 Administrator Alderman [1o] - appropriate [3] - 30 [2] - 23:15, able [s] - 4:21, Ill- 2:14 2:3, 2:4, 2:5, 2:8, 5:24, 28:2, 66:2 Q 24 :23 12:23, 17:7, 20:3, adopt [1] - 54:13 2:9, 27:15, 55:8, approval (41- 30,000 -foot [1] - 25:11, 26:20 ads (1) - 20:23 67:23, 72:5, 5:6, 5:7, 18:8, 66:4 above - entitled 1 (21- 1:15, 84:6 advised [1] - 82:14 62:19 084- 002883 [1] - 30- minute - Ill 70:2 Alderwoman [3] approvals 11] - 85:7 25 :8 absolute [1] - affordability [1] - 2:6, 2:7, 2:10 10:19 300 [1] - 23:13 75:4 - 13:6 Allegiance I1] - approve 111 - 316 [1] - 23:11 absolutely [31- aforesaid [1) - 3:1 41:5 38 Ill- 17:8 33:8, 37:5, 62:16 84:10 allow 121- 13:22, approved [7] - 1 11] - 84:7 absorption [11- afoul [11- 6:22 63:13 7:3.12:24, 30:3, 1.5 [21- 53:19 4 77:10 aged 11] - 9:3 allowed [a] - 41:12, 47:22, 100 Ill - 21:17 accept [11- agent [1] - 15:10 7:10, 30:15, 54:17, 66:11 55:15, 55:21 approving z 12I21- 41:20, aging (z] - 82:7, PP 9 [ 1- access 191 - 82:8 allowing [2] - 70:11, 70:20 712 4 f1] - 20:1 77:21 40 [2] - 24:16, 4:18, 4:22, 5:3, 12,000- square ago [a] - 4:4, 7:14, 11:1 aquifer [1] - 24:23 63:9, 63:10, allows [4] - 7:5, 43:13 (11- 67:15 400 Ill- 23:15 63:14, 63:18, 15:15, 41:19, 11:2, 54:4, 67:4 ARDEN 12 -by -20 -foot 43 I1] - 21:15 63:20 49:23, 49:24, (1] - 2:4 Ill- 30:24 60:21, 61:11, almost [1] - area [131 - 4:6, 4717] - 3:12, accommodate 123 [1] - 3:20 73:22 76:11 10:13,10:15, 126 [3] - 3:13, a gree [s] - I ] - 31:19, 32:14, [2] - 58:12, 58:14 alone 1 15:19 11:20, 22:15, 4:13, 32:18, according 141- 50:19, 51:2, 65:5, amended [2] - 29:22, 30:11, 1 3, 1: 32:21, 32:23 42:3, 48:1, 53:5, I 13 [z] 1 - 1:16, 68:10, 69:7, 7:2, 69:22 41:21, 47:17, 16:6 48 [2] - 25:2 53:17 70:11 America [2] - 47:23, 47:24, 134 -unit 11] - accuracy I1] - agreed [1] - 7:24 16:10, 17:12 48:18, 54:9 21:9 rj 8acr e (a] - 52:12, agreement 141 - amount [6] - 8:8, areas [5] - 38:1, acr 159th I1] - 15:19 4:3, 25:10, 26:14, 9:5, 11:5, 31:10, 39:16, 51:14, 16 [1] - 41:20 50 [1] - 16:11 53:20, 54:5, 35:3 59:4, 77:11 65:18, 71:2 17th [1) - 85:2 51 [z] - 3:12, 67:11 ahead [1] - ANN [1] - 2:6 Ashton I1] - 20:1 1978(11- 4:4 3:24 acres (zi - 3:12, 55:11 annexation [11- assume (1] - 3:24 A[ [3] - 22:12, 4:3 84:19 5th [1] -23:17 act [1] -81:11 2 23:7 annexed [3] - assuming [1] - 6 action [1] - 47:2 Alabama f1) - 4:4, 13:13, 84:17 29:22 activities Ill - 23:20 answer [7] - attached [11] 2.1121- 36:6, 11:13 ALDERMAN [491 16:18, 27:9, 6:10, 9:2,11:2, 36:8 6,000 [1] - 23:22 add [31- 46:12, _ 27:16, 49:19, 28:23, 38:7, 11:10,13:9, 30:7, 2.25 (21- 53:19, 55:21, 74:15 49:22, 49:24, 40:22, 52:22, 30:8, 31:2, 56:12, 56:5 '7 added [4] - 14:1, 50:6, 50:9, 50:16, 66:24 59:2, 62:22 2.35 f1] - 56:2 57:1, 57:2, 62:5 50:18, 51:15, anticipated [11- attack [1] - 50:3 20 [4] - 15:17, adding [21- 51:20, 52:1, 4:19 attempt [z) - 15:18, 18:13, 74 [1] - 21:14 50:21, 56:10 52:18, 52:24, anyway 121 - 12:23, 44:13 18:15 759 (1] _29:20 addition 13] - 53:9, 53:12, 54:2, 37:16, 79:16 attempted [11 - 20 -foot [2] - 7:00 [1] - 1:17 30:2, 38:24, 54:8, 55:3, 55:7, AP (1l - 24:17 44:20 31:9, 37:7 83:10 55:10, 56:18, appeared [1] - attitude [1] - 2006 [21- 4:7, 8 additional [5) - 56:21, 58:7, 2:20 21:24 30:3 7:21, 29:23, 58:15, 62:11, Applause (11- attorney [41- 2007I1] - 4:7 800 (3] - 1:17, 38:24, 48:18, 63:24, 67:24, 43:17 3:20, 70:2, 71:8, 2008111- 66:6 22:21 83:11 69:3, 69:19, appliances [2] - 72:4 2009121- 1:16, 85 [1] - 84:8 address [9] - 70:10, 70:15, 75:7, 75:16 audience [1] - 85:3 32:11, 37:1, 70:18, 71:9, application [1]- 60:11 21 [21- 49:14, 9 37:17, 44:12, 71:22, 72:6, 73:4, 3:6 authority I1] - 49:17 44:13, 48:3, 48 75:3, 76:16, applied [21- 7:2, 27:7 240-square 59:18, 72:2 76:21, 78:1, 78:5, q addressed (a] - 56:5 available 121 - 31:1 90 [1] - 23:15 78:10, 79:17, applies I1] - 13:9, 75:17 j, Depo•Court Reporting Service (630) 983 -0030 i 87 average [1] - behalf [1) - 2:20 booming [1] - 29:10, 29:18, campaign [8] - 84:11, 84:16 36:7 belief [1] - 57:23 21:10 34:18, 40:3, 20:18, 20:24, challenging [1] - averaging [1] - believer [1] - bottom [9] - 46:10, 56:23, 21:1, 21:20, 23:2, 44:14 23:11 56:22 21:11, 21:12, 75:21 23:6 chance [1] - avoid [i] - 82:9 Benjamin p - 33:21, 38:19, buildings [z] - cannot [z] - 79:23 awards [1] - 45:2 41:18, 41:20, 47:17, 47:18 21:17, 21:18 change [8] - 20:21 berm [4] - 30:10, 41:24,56:15, builds [2] - capacity [1] - 6:23,9:10,55:1, aware [2] - 45:7, 30:18, 32:13, 57:17 20:10, 34:14 58:20 64:15,75:14, 49:10 33:7 bought [1] - bu[It [9] - 18:4, Capital [1] - 75:20, 76:11 awesome [1] - berms [1) - 73:21 18:22, 21:15, 16:24 changed [4] - 22:1 31:19 bounce [1] - 22:22, 40:2, capture [5] - 13:18,65:10, best [5] - 14:13, 26:21 52:11, 52:19, 31:7, 31:10,37:4, 69:23, 74:10 B 19:11, 38:20, Bowl [z] - 20:22, 56:24, 61:4 80:14, 80:23 changes [9] - 77:18, 80:18 20:24 bunch [3] - captured [1] - 10:18, 18:5, ! better [1o] - box [1] - 20:18 25:16, 34:22, 30:15 19:24, 30:5, 30:6, bad [1] - 15:5 16:11, 18:2,19:1, boy [1] - 13:16 42:19 car [1] - 59:1 47:6, 54:23, bags [1] - 61:6 20:15, 56:11, brand [1] - 16:10 BURD [62] - 2:2, carbon [1] - 76:11, 76:12 ball [1] - 77:4 73:2, 74:14, BRENDAN [1] - 3:5, 27:11, 27:17, 65:20 charge [1] - bankrupt [1] - 74:17, 74:21, 2:13 28:7, 28:20. care [4] - 25:14, 40:13 42:5 74:24 Brende [1] - 28:22, 29:1, 29:5, 42:4, 42:11, check [z] - bankruptcies [1] between [5] - 22:12 29:8, 29:11, 49:16 14:24, 49:21 - 43:20 3:13, 7:17, 44:10, Brende's [1] - 29:16, 32:9, 35:2, Carolina [1] - checked [1] - BARBIER [28] - 53:19, 70:5 23:7 35:5, 35:10, 24 :8 44:3 28:6, 28:10, beyond [1] - bring [4] - 24:21, 35:16, 35:23, cars [1] - 14:22 children [3] - 28:21, 28:23, 63:3 26:16, 26:20, 36:2, 37:14, 39:3, case [3] - 7:1, 9:4,11:11, 36:5 29:4, 29:6, 29:9, big [7] - 13:17, 34:14 41:2, 43:24, 44:6, 56:3, 80:18 chips [1] - 74:16 29:13, 29:17, 16:14, 17:11, broke [1] - 43:10 45:4, 45:19, cash [1] - 8:13 CHRISTINE [1] - 31:3, 32:15, 24:6, 46:23, brought [1] - 45:22, 46:6, 48:1, catch [z] - 1:16 32:21, 32:23, 71:23, 73:24 68 :19 48:10, 48:19, 32:13, 33:8 Christine [z] - 33:2, 33:13, bigger [1] - brown (4] - 49:7, 49:11, catching [1] - 84:3, 85:6 33:19, 34:4, 34:9, 48:13 42:13, 47:11, 50:17, 55:8, 31:14 chunked [1] - 35:4, 35:8, 35:13, biggest [1] - 47:12 56:17, 60:10, caused [3] - 15:12 ! 35:17, 35:20, 16:7 budgeted [1] - 62:8, 62:10, 65:2, 43:11, 61:18, circle [1] - 22:14 35:24, 36:6, bike [1] - 8:3 78:18 67:1, 67:16, 62:3 citizen [1] - 36:12, 36:22, 67:19, 67:22, bill [4] - 18:12, build (15] - 14:1, causes [1] - 27:19 37'2 18:13, 18:17, 17:5, 25:12, 68:15, 69:20, 30:14 citizens' [1] - ! Barb]erp 72:20 28:18, 40:1, 46:8, 70:1, 70:8, 70:14, center [21 - 66:5 j 29:7 70:17, 71:7, 72:1, billboard [1] - 52:13, 53:4, 23:11, 76:5 city [4] - 1:7, base [1) - 71:17 23:6 53:14, 53:17, 72:5, 76:19, central [1] - 22:7 10:1, 13:13, based [3] - , 77:23 78:3, billion [z] - 59:22, 67:9, 76:2, certain [4] - 36:14 75:18, 80:2, 83:7 15:17, 15:18 77:15, 78:20 79:22, 82:13, 8:12, 44:23, CITY 11) - 1:8 basement [5] - bills [1] - 15:10 Build [1] - 37:8 82:24, 83:4, 72 :19, 74:8 City [24] - 1:18, 60:22, 60:24, bit (8] - 7:3, builder [15] - 83:15, 83:18 certainly [z] - 2:13, 2:15, 2:16, 61:1, 61:10, 18:22, 22:6, 16:7, 16:12, burden [z] - 61:23 36:1, 36:8 7 :18, 13:12 2:21, 3:7, 3:8, 31:14, 48:16, 20:10, 21:3, 23:7, certificate [1] - 4:13, 27:12, 12:11, 43:23 16:13, 34:11, basin [ z] - 48 :19, 56:6, 25:14, 60:14, business 31:14, - 84 :17 27 :22, 36:15, 76:13 61:2, 72:13, basins [�] - 75:18, 75:21 certification [5] 44:7, 44:24, blame - 75:21, 76:12, - 18:8, 19:10, 50:12, 57:11, 38:111, 38:18, 16:6 33:1, 33:23, 78:23 78:7, 78:11, businesses[1]- 73:5, 74:6, 75:22 58:19, 61:15, 38:19, 67:18, buy bless [1] - 76:5 78:14, 79:10 Certification [1] 64:13, 65:17, blower [1] - 19:5 builders [14] - 2 - 73:12 70:1, 71:7, 72:3, 83:6 blueprint [z] - 14:5, 16:1, 16:15, 34:23, , - 34:244, Certified [1 ] - 83:7 Beach [21- 24:7, 18:4, 75:22 16:16, 20:19, 74:8, 75:8, 75:15, 84:3 City's [3] - 4:7, 25:1 76:3, 76:7 blueprints [3] - 29:18, 40:5, certified [5] - 46:23 65:17, 69:5 beautiful [U - 19:4, 20:4, 40:7 73:15, 75:14, buys [z] - 75:12, classification 75:13 5:20, 18:14, board [1] - 9:21 78:16, 78:21, 25:13, 40:5, [4] - 7:7, 7:11, becomes [1] - Board [2] - 5:6, 78:24, 79:4, 79:9 84:19 7:12, 10:14 19:21 5:7 building [13] - C certify [7] - 19:3, clean [1] - 41:23 bedrooms [1] - boat [2] - 23:24, 5:11, 5:15, 9:22, 73:10, 73:14, clear [1] - 58:8 36:17 24:2 9:24, 14:13, 20:5, C.S.R Ill - 1:16 73:15, 84:4, Clerk [1] - 2:16 Depo•Court Reporting Service (630) 983 -0030 88 client [3] - 4:6, [ill- 5:16, 17:2, 48:11 continual [1] - COUNCIL [i] - curb [1] 60:5 55:20, 69:11 23:14, 52:10, concerns [3] - 81:5 1:7 curbing [t] - clients [z] - 52:14, 52:19, 59:19, 59:20, continue [6] - counsel [z] - 37:24 4:14, 5:10 52:20, 54:24, 59:21 19:18, 19:19, 84:12 curious [l] - close [2] - 36:12, 66:7, 73:18, concessions [t] 21:5, 32:1, 80:6, countries [1] - 72:10 59:3 82:10 - 9:17 81:21 19:12 current [5] - closed [l] - community [zz] Concordia [2] - continues [1] - country [4] - 6:18, 7:6, 63:17, 83:19 - 5:20, 10:3, 13:1, 22:1, 22:2 72:16 16:13,19:12, 68:5, 73:20 closes ill - 14:2, 14:6, 20:2, concrete [3] - contract [6] - 22:7, 34:18 customers [6] - 72 :22 21:9, 21:14, 28:13, 47:16, 40:18, 40:20, County [21- 3:7, 15:6, 17:4,17:21, closing Ill 22:17, 23:8, 48:12 45:11, 49:15, 46:18 23:19, 24:21, 72 :15 24:13, 25:24, conditions [1] - 68:24, 69:14 COUNTY [t] - 74:23 cloudiness [t] - 26:14, 26:24, 8:11 contractor [5] - 84:2 cut [z] - 11:5, 17:6 34:12, 36:19, condos [t] - 42:5, 46:15, 47:2, county [l] - 56:7 Coast [l] - 17:14 54:12, 54:24, 82:4 68:21, 70:5 22:24 cutting [1] - 12:3 coast[)] - 17:11 66:1, 66:4, 72:9, confirm [l] - contractors [5] - couple po] - 6:2, code [t] - 10:12 72:11 36:17 51:18, 51:22, 8:6, 13:18, 21:8, p coerce [l] - 67:6 Comp [10] - confused [1] - 52:4, 68:20, 29:18, 31:11, coffee [3] - 15:2, 6:17, 6:23, 6:24, 65:3 70:23 34:9, 41:19, 15:4,17:23 53:1, 53:3, 53:12, confusing [2] - contracts [l] - 51:16, 63:1 D- 891009 [1] - coffers [l] - 10:1 54:9, 54:14, 56:2, 7 :16, 14:15 17:3 course [t] - 16:8 1:24 collect [3] - 56:22 conjunction [i] contribute [1] - court [3] - 46:16, dad [1] - 11:14 8:13, 12:9, 32:3 companies [3] - - 5:15 8:1 49:3, 49:18 dam [1] - 60:18 collected [2] - 25:2, 74:22, connections [1] control [s] - Courtyard [1] - damage [3] - 30:12, 33:23 74:23 - 8:6 39:18, 39:19, 14:24 31:14, 60:24, collectors [1] - company [3] - Conservation 60:7, 80:5, 80:13, covered [z] - 61:18 31:17 15:20, 22:10, [2] - 45:10, 45:11 81:1, 81:7, 83:12, 39:10, 80:19 dang [t] - 74:24 ComEd ]l] - 22:11 conservation [1] 84:21 covering [1] - days [4] - 11:13, 34:2 compensate [�] - 45:14 controlled ill - 48:11 14:14, 49:14, - 48:17 57:4 create 49:17 comfortable pi consider [3] - [5] - 5:16, deal [�] - 80:12 - 25:19 complaint[] - 7 :8, 9:16, 12:12 copies [3] - 13:21, 78:6, 46:13 50:7, 84:18, 78:11, 79:14 dealing [z] - coming [rya] - considered [3] - 70:13, 70:21 6:4, 17:16, 23:19, complete [3] - 64:18, 64:23, 8421 created [3] - 31:16, 32:6, 34:15, 84:8 71 copy [2] - 45:5, 13:12, 36:19, debate [3] - 33:20, 37:19, completed [1] - consistent [l] - 65:20 66:10 46:7, 68:17, 37:23, 37:24, 48:24 65:20 corn [2] - 57:23, creating [1] - 82:18 42:8, 50:1, 57:4, comply [z] - consists [l] - 58:6 59:6 decide [l] - 76:22 6:21, 57:13 3:11 cornerpi - creation [1] - 81:13 components [1] constant 38:12 9 decided [2] - comment ]4] - [ - 45:23, 62:12, - 75:7 51:11 Corporation [l ] credit [7] - 52:2, 54:13, 68:23 64:3, 82:1 comprehensiv construct[)] - - 5:14 68:8, 69:6, 69:9, decipher[] - comments [4] - e [l] - 81:1 81:13 correct [12] - 69:15, 69:21, 15:13 Com rehensiv 27:18, 27:19, p constructed [3] 19:7, 36:11, 71:12 decision [7] - 63:6, 76:22 a [20] - 7:4, 53:6, - 66:12, 66:24, 44:20, 59:15, creek [13] - 9:9, 64:5, 64:14, commercial [2] - 63:3, 64:4, 64:7, 83 : 7 59:17, 67:11, 32:15, 33:9, 34:2, 64:23, 70:4, 64:8, 64:11, 67:12, 67:13, 41:17, 42:9, 20:20, 66:11 constructing [i] 71:13, 71:18 Commission 64:12, 64:16, - 5 : 3 69:3, 70:7, 80:3, 42:20, 46:21, decisions [1] - 64:17, 64:21, 84:8 46:22, 46:23, [72] - 5:5, 62:13, construction p] 66:19 62:18, 62:22, 64:22, 65:1, 65:4, - 5:11, 17:9, corrected [5] - 47:13, 77:13 decrease [l] - 65:15, 65:21, 18:18, 43:2, 47:7, crews 3 ' 62:23, 63:5, 63:6, 21:18, 34:11, [ ] - 77:11 63:19, 63:22, 65:22, 66:15, 63:13, 81:2, 59:16, 78:18 34:14, 34:15, deep pi - 30:20 66:21, 66:22 correct) 3 65:23 81:17 Y [ 1- 34:17 deep- rooted [1] committee [2] - concept [1] - Consultants [1] 41:13, 42:14, criteria [3] - - 30:20 32:10, 82:3 72:8 - 49:16 56:5 10:7, 13:4, 59:24 defeat [1 ] - 65:9 Committee [4] - concern [a] - consultants [1] - cost [�] - 77:16 CSR [z] - 85:6, defined [2] - 5:8, 5:10, 26:18, 29:17, 36:22, 57 :12 costs [1] - 56:8 85:7 53:1, 53:5 65:23 36:23, 63:1, 63:8, contacted [1] - Council 171- 4:2, culvert [2] - defines [3] - Commonwealt 63:12, 63:19, 46:13 10:7, 27:12, 41:22, 41:23 53:12, 54:9 h [2] - 8:4, 43:10 67:2 contacts [t] - 27:23, 50:9, cups [z] - 15:2, definition [t] - d concerne [t] - 57:16, 64:14 15:11 53:18 communities 5:11 I Depo•Court Reporting Service (630) 983 -0030 i 89 degrees [1] - 70:18, 70:21, 22:19 door [21- 19:5, 43:6 empty- nester 7:17 71:11, 72:12, discuss (i] - 23:20 east [11- 3:12 Ill- 11:3 delay [11- 50:4 75:8, 75:12, 70:8 double [t1- echoed [i] - empty- nesters demand [2] - 75:13, 77:14, discussed [2] - 41:23 63:4 [31- 82:5, 82:6, 74:24 81:10 62:15, 62:20 down [211- 11:5, Eco [6] - 15:19, 82:8 denied p] - 50:3 developers [4] - discussing Ill - 12:3, 14:10, 15:20, 24:8, EnCap [1] - densities 141 - 4:16,15:24, 46:2 17:10, 17:13, 24:14, 26:8, 49:15 52:12, 52:16, 16:23, 52:14 discussion [31- 17:14, 23:22, 40:10 encourages pi - 52:19, 54:5 Development 14:13, 62:24, 31:18, 32:6, 32:7, Ecomagination 30:21 density [22] - [5] - 3:5, 51:5, 79:23 32:18, 33:4, 33:5, [91- 5:17, 15:8, encouraging pi 7:5, 7:9, 7:10, 51:17, 51:21, discussions Ill 33:10, 37:13, 15:16, 15:17, - 38:21 35:21, 41:8, 68:6 - 49:13 37:19, 42:20, 20:17, 21:1, end p] - 22:17 47:23, 50:21, development disparage (l 1- 43:9, 49:1, 60:7, 24:12, 72:9, Energy [21- 53:3, 53:15, [261 - 3:10, 4:5, 69:11 77:20 72:10 19:18, 40:20 { 54:14, 55:15, 7:1, 9:13, 10:3, disregard [11- downspouts [t] Ecomagination energy 141 - 55:23, 56:1, 11:19, 12:4, 12:9, 56:4 - 30:13 -type [21- 15:8, 13:4, 18:12, 56:13, 56:14, 13:14, 13:15, distribution Ill - drain [21- 31:16, 72:9 18:17, 23:3 57:1, 63:2, 63:3, 43:15, 44:22, 76 : 4 33:20 Edison [21- 8:4, engineer 1 64:21, 67:4, 67:6, 50:22, 53:10, distributors 11) - drainageway Ill 43:10 43:4, 51:12, 71:15 53:15, 54:22, 75:10 - 80:17 efficiencies p] - 57:11, 58:19, Depot [21- 56:11, 57:20, district [6] - dramatic (i) - 74:13 77:2 74:22, 75:5 63:15, 64:20, 6 :22, 8 :22, 9:6, 73:23 efficiency [11- engineering [21 depress ill - 66:11, 66:20, 11:1, 36:1, 36:9 drinks [1 ] - 24:1 74:10 - 12:1, 77:3 30:9 71:3, 77:15, District [4] - 3:9, drive [4] - 5:3, efficient [4] - Engineering [t] depressed [i] - 8123 45:10, 45:11, 20:12, 20:13, 73:7, 73:9, 74:15, - 44:4 30:11 developments 54:6 73:17 77:16 enjoy [l] - 7:6 depth p] - 30:19 121- 11:12, 56:9 districts (i) - Drive [11- 29:20 effort p - 60:9 entertaining lil describe [t1- develops (2] - 45:14 driveway [3) - eight [61- 20:23, - 27:21 5 :19 4:24, 72:11 divert [1] - 59:6 33:5, 33:6, 59:1 23:14, 30:18, entire [4] - 39:1, design [31- DIANE [l] - 2:10 division [1] - driving 12] - 31:15, 31:16, 65:17, 81:22 23:11,38:22, different [141- 16:8 74:12,75:2 33:20 entirely (1l- 56:13 7:17, 16:6, 17:19, divisions [11- dropped [i] - eight -inch [31- 20:17 designation [31- 18:2, 19:16, 16:5 77:4 31:15, 31:16, entitled [6] - ! 4:1, 5:23, 13:1 20:11, 24:16, docking [11- drove Ill - 25:1 33:20 1:15, 66:8, 66:18, designed (1) - 37:15, 40:4, 76:10 DU [i] - 54:5 either p] - 43:8 66:23, 67:11, 12:8 52:22, 66:17, document [3] - duct [l1- 79:7 Electric [6] - 84:6 desire 11] - 66:18, 80:14, 26:16, 50:11, due 151- 39:9, 15:14, 15:18, entitlement 121 - 75:15 8022 65:16 43:9, 46:21, 52:3, 15:21, 16:7, 65:19, 67:14 detached [51- difficult [l I - documents [2] - 80:4 75:16, 76:8 entitles Ill - 4:8, 6:6, 6:7, 44:16 50:7, 81:3 dump [2] - 41:16 electrical (1) - 64:20 11:8, 13:17 digging [11- dollar [41- duplex [21- 72:21 entrance Ill detention [71- 81:17 15:17, 18:10, 28:13, 47:18 elements 11 ] - 39:13 12:11, 38:11, diminution Ill - 18:21, 79:12 duplex -type [l] - 26:13 envelope 131- 57:19, 58:21, 1222 dollar -rise [31- 47:18 eliminate (2) - 7:19, 14:20, 59:9, 83:3, 83:6 direct p - 75:9 18:10, 18:21, during (3) - 51:9, 57:9 17:24 determine p] - directed [l] - 79 :12 20:22, 20:24, emergency (41- environment [31 58:20 30:13 dollars [3] - 82:2 4:22, 5:3, 63:14, - 22:3, 73:21, develop 121 - direction [1] - 15:19, 25:13, dwelling [2l - 63:18 78:23 52:14, 77:7 8421 74:4 36:16, 53:19 Emmon [141- Environment [21 developed [8] - directly [91- done (231 - 7:13, dwellings [i] - 3:13, 3:24, 29:7, - 18:6,18:7 23:8, 42:13, 41:17, 42:9, 19:5, 20:17, 47:20 32:21, 32:22, environmental 57:17, 58:1, 65:6, 42:10, 42:20, 21:16, 22:20, 33:1, 33:2, 33:8, [1] - 47:9 65:18, 65:19, 43:8, 44:10, 22:24, 24:23, E 39:14, 40:24, Environments 77 47:13, 75:16, 28 :15, 30:3, 37:3, 41:22, 43:7, 45:2, [31- 19:2, 19:8, developer [221- 76:7 41:13, 42:16, 60:13 79 :6 16:24,17:1, dirt [31- 37:20, 43:6, 56:4, 60:5, earning [il - empty [5] - 11:3, envision [i] - 22:10, 25:9, 42:7, 37:23, 49:1 60:6, 60:15, 16:21 36:4, 82:5, 82:6, 30:17 43:19, 44:11, disagrees [l1- 60:24, 61:3, 61:9, easement [2] - 82:8 EPA [211- 41:14, 44:19, 45:5, 68:6, 43:5 62:3, 68:24, 4:17, 4:21 empty-nest [l1- 42:3, 42:15, 70:5, 70:16, Discovery (1] - 69:13 East [21- 40:24, 36:4 42:23, 42:24, Depo • Court Reporting Service (630) 983 -0030 90 44:3, 44:5, 44:11, - 43:16 12:15 findings [1] - 29:23 38:9, 38:15, 45:12, 45:15, excelled [1] - facts 11] - 58:2 62:20 footprint [1] - 38:24, 48:17, 46:13, 46:14, 16:1 fail [21- 19:6, fine [11- 7:17 48:14 51:3, 58:15, 46:17, 47:5, except (11- 19:7 Fine [11- 78:22 force [11- 31:18 58:18, 59:6, 49:14, 49:20, 21:18 fall [11- 42:1 finer [11- 26:16 foregoing [11- 83:10 50:3, 50:11, exchanged (1] - famil[ar[1] - fingers [11- 74:7 84:7 GARY [1] - 2:3 59:15 26:17 _ - (i.1 1 G:15 finish [11- 55:9 forget (z] GE [3 ] 5.14, equipment [31- excited [3] - family [171- 4:9, finishing [1] - 47:10, 78:20 5:17, 14:4,14:5, 40:10, 40:14, 5:21, 24:9, 27:1 6:6, 6:7, 6:14, 48:24 formula [11- 14:17, 16:5, 40:16 exciting [1] - 11:8, 13:17, firm 11] - 56:22 36:16 16:20,16:24, erodes Ill - 26:7 15:14, 19:16, First [11- 29:1 forth [1] - 11:15 17:19, 19:12, 42:20 excuse [21- 28:12, 28:21, first 1171- 5:1, forward [61- 19:15, 19:16, eroding 11] - 28:22, 49:19 35:14, 36:6, 36:7, 5:2, 5:22, 14:8, 13:23, 18:23, 19:20, 23:7, 47:8 exercises [1] - 47:20, 47:21, 22:23, 23:3, 24:8, 27:7, 59:17, 24:10, 25:17, erosion [211- 66:5 51:12 24:12, 26:2, 26:8, 7 79:12 25:19, 27:24, 37:18, 39:5, 39:9, existing [71- Family [11- 3:9 28:11, 33:15, four [3] - 15:15, 34:13, 37:1, 39:18, 39:19, 3:24, 7:11, 7:14, far [8] - 9:1, 50:2, 60:15, 31:12, 38:11 39:22, 40:1, 51:5, 42:8, 48:20, 10:12, 38:18, 10:24, 12:3, 63:11, 73:3 Fox [1] - 42:10 52:8, 52:10, 53:8, 51:10, 59:11, 65:5, 66:20 12:16, 14:9, 59:3, fit [41- 6:17, free [21- 16:19, 72:8, 72:10, 74:2, 59:12, 60:8, 77:1, expect [1 ] - 70:3, 75:6 6:18, 7:10, 67:22 16:21 75:9, 76:22, 78:5, 80:4, 80:5, 80:6, 18:20 Farm [2] - 1:17, five [31- 56:7, front 121- 21:23, 78:8, 78:10, 80:11, 80:12, expensive [11- 15:10 61:11, 73:6 25:3 78:11, 79:14 80:13, 81:6 18:23 fear [1] - 81:12 fix [41- 43:23, fronts [1] - 4:13 GE's (2] - 24:17, especially [21- experiencing [1] fees [21- 8:12, 46:3, 61:1 Ft [11- 21:13 72:13 44:22, 73:20 - 71:1 8:14 fixed [z] - 54:22, full [4] - 23:5, gear (11- 40:8 espouse [2] - explain (21- Feldman [41- 77:5 39:17, 40:18, general (21- 13:3, 82:16 67:5, 82:18 5:18, 14:4, 36:24, fixing [11- 70:24 40:19 10:13, 10:14 essentially (11- explaining [11- 72:7 flat [1] - 38:19 fully [1] - 82:18 General (e] - 38:10 37:3 FELDMAN (131- flexible [1] - fun (1] - 14:9 15:14,15:18, establish [1] - exposed [31- 14:7, 39:22, 54:23 function [11- 15:21, 16:6, 14:6 39:10, 80:4, 80:9 52:13, 52:21, 75 76:7 flood (11- 60:1 61:24 established [31- extend [1] - 8:3 53:7, 53:21, flooded 111 - functions (11- generally [21- 39:13, 39:16, extension (1] - 72:14, 73:10, 81:10 34:8 10:11, 75:19 81:5 8 :1 75:11, 76:17, flooding 15] - funding [2] - generate [1] - establishment extensive 111 _ 78:8, 78:13, 28:12, 28:15, 26:5, 26:6 11:9 111- 39:17 42 79:18 29:15, 36:23, furnace [z1- gentleman [5] - Estate [11- 25:4 extent [11- felt [zl - 6:9, 81:20 73:8, 74:10 27:24, 39:4, 51:3, Estates (1] - 44:23 66:2 floods [1] - future [10] - 52:8, 62:1 33:16 extra [1] - 78:22 ferry [21- 23:24, 37:10 4:23, 7:1, 8:7, gentlemen (11- - . evaluate [41- extremely [1] - 24:2 Florida [3] - 54:21, 64:14, 67:23 10:8,12:13, 12 : 4 few [51- 28:10, 14:11, 17:14, 64:17, 66:16, George [3] - 57:12, 79:11 35:12, 50:18, 72:8 66:20, 66:22, 53:23, 68:18, evaluating (1] - F 51:16, 61:14 flow [41- 25:14, 74:12 69:18 4:15 fewer [1] - 9:11 58:5, 73:3, 75:24 GEORGE [1] - evening [41- field [zl - 57:23, flowers [1] - G 2:9 3:18, 3:21, 11:23, facilities (41- 58 :6 30:19 geothermal 141- 68:16 8:22, 58:21, 59:9, FIELD [1] - 2:19 flowing 131- 26:6, 35:10, eventually [21- 83:3 figure [z1- 25:6, 30:22, 60:20, gain [11- 74:13 35:11, 47:14 31:4, 46:9 facility [1] - 25:11 77:11 Game [1] - 1:17 Gilson [31- everywhere [1] - 76:10 file [1] - 46:14 flown (1] - 27:24 Games [11- 50:17, 55:8, 45:12 facing [11- filed [2] - 3:6, focal (1) - 13:2 20:23 67:23 evidence [1] - 56:23 46:13 gap [1] - 78:17 GILSON [281 - fact 13:1, focus 1: garden - 2:9, 50:18, 51:15, 10:10 fill [3] - 17:15, 71:17, 71:20 g a [ ] 50:20, 52:3, exactly (21- 31:4, 76:5 follow [i] - 55:6 30:9, 30:24, 31:1, 51:20, 52:1, 65:20, 70:6 68:19 filling (1) - 17:12 followed [3] - 31:9, 33:13, 37:7, 52:18, 52:24, exaggerate [11- factor [41- 7:8, fills [11- 31:6 42:23, 57:11, 37:8, 37:15 53:9, 53:12, 54:2, 50:24 9:9, 11:17, 13:6 final [41- 4:8, 83 :8 gardens [18] - 54:8, 55:3, 55:7, examples 121 - foot [31- 20:14, factors [1] - 8:14, 63:6, 82:23 12:9, 30:2, 30:7, 55:10, 56:18, - 14:16, 16:3 12:12 finally [11- 31:1, 67:15 30:13, 31:4, 31:9, 56:21, 58:7, exasperating (1] Factors [11- 12:14 footage [1] - 32:3, 37:5, 37:15, 58:15, 67:24, Depo•Court Reporting Service (630) 983 -0030 91 69:3, 69:19, 26:3 10:24, 11:5, 73:1 83:6 30:18, 31:12, 70:10, 70:15, guarantee [1] - 38:15, 40:5, 40:6, homes [22] - Huinker [2] - 41:20 70:18, 71:9, 18:11 40:7, 51:8, 60:7 17:22, 18:1, 18:2, 11:23, 29:19 include [1] - 71:22 guaranteed [1] - hereby [1] - 84:4 18:9, 18:22, hundreds [11- 62:23 given [2] - 8:17, 72:17 herein [11- 3:4 19:10, 21:15, 74:3 including 121 - 10:20 guess [71- hereto [11- 21:17, 22:21, hurdles [1] - 6:3 47:17, 64:24 global [1] - 66:1 11:14, 52:7, 84:17 23:3, 24:14, HVAC [1] - 74:10 inclusive [1] - goal [1] - 28:16 56:21, 70:19, hereunto [1] - 28:21, 35:14, hybrid [1] - 23:3 84:8 God [2] - 13:12, 71:3, 73:5, 83:9 85:2 35:18, 40:1, 40:9, increase [5] - 76:5 guide [3] - 7:1, Hertz [3] - 14:17, 40:10, 60:1, 73:5, 29:22, 55:23, Golinski [1] - 54:21, 65:16 14:18 75:7, 82 :9 55:24, 58:10, j 72:5 guys [U - 42:21 hi [1] - 39:22 Homes [3] - 81:21 { GOLINSKI [5] - high [5] - 15:7, 15:16, 23:23, idea 151 - 15:6, increased [8] - 2:3, 72:6, 73:4, H 19:21, 20:6, 24:12 46:1, 48:6, 52:15, 9 :5, 41:5, 41:7, 75:3, 76:16 22:16, 38:3 honestly [1] - 52:17, 52:21, 41:8, 41:10, half government[2] higher [51- 44:15 55:19, 61:18 58:13, 58:21, - 45:1, 73:13 1z] - 15:15, 50:21, 53:3, honor [1] - 14:8 ideas [2] - 26:17, 63:2 grand [1] - 23:16 79 53:15, 64:21, hope [1] - 68:1 26:20 indirectly [1] - granted [1] - hand [2] - 84:19, 67:4 hoped [11- identify [1] - 43:8 4:20 85'2 highlight [2] - 37:17 29:3 individually [11- grass 15] - hands 11] - 27:6 21:8, 62:24 hoping [3] - IEPA [2] - 49:2, 62:21 39:12, 39:15, hard [3] - 16:21, highly [1] - 6:11, 9:14, 64:1 50:4 industry [4] - 39:17, 47:24, 17:17, 32:18 71:16 horrible [1] - ILLINOIS [2] - 5:12, 5:15,16:8, 60:6 head [t] - 58:9 hill [5] - 32:6, 61:14 1:8, 84:1 16:18 gravel [2] - heads [11- 32:7, 32:16, hot [4] - 14:10, Illinois [71- infiltrated [1] - 41:18, 41:24 25:23 32:19, 37:11, 19:19, 73:21, 1:18, 2:21, 3:21, 30:15 great [4] - 8:8, hear [51- 16:16, 37:19 74:8 5:23, 45:12, infiltration [3] - 22:2 26:17 46:1, 51:6, 57:7, history [1] - hotel [1] - 15:2 46:17, 47:4 30:21, 38:16, 75:11 78:8 70:12 hour[2] - 1:17, imagine 111 - 38:21 Great [1] 78:20 heard (4] - hits [3] - 32:5, 24:4 40:2 information [7] - Green [3] - 5:8, 59:14, 71:5, 71:8, 32:17, 32:19 house [23] - immediately [3] 44:9, 45:8, 45:16, 5:10, 26:18 80.8 hold [21- 39:21, 18:3, 18:5,18:9, - 4:12, 8:5, 17:22 50:14, 66:13, green 121] - hearing [e] - 68:12 19:1, 19:6, 19:24, impact [4] - 80:2, 82:21 3:15, 58:16, 8:21, 10:22, ! 5:16, 12:24, 14:6, holding [2] - 25:12, 28:17, initiative [1] - 14:19, 15:4, 62:18, 64:1, 67:8, 58:3, 59:8 33:3, 33:4, 34:19, 11:18, 11:19 15:18 15:10, 15:23, 83:19, 83:22, holes 121- 34:21, 35:1, 36:7, impacts [1] - initiatives [11- 16:14, 18:10, 84'6 60:18, 61:6 37:8, 37:9, 43:14, 10:24 9:20 22:23, 23:8, hearings [1] - home [431 - 5:15, 61:11, 61:13, impervious [4] - inside 121 - 16:6, 25:13, 26:3, 10:10 13:3, 15:7, 15:14, 72:15, 77:12, 29:22, 58:13, 25:17 35:18, 42:11, hearsay [1] - 16:10, 18:13, 79:14 58:22, 59:4 inspected [3] - 42:17, 47:11, 47:4 18:14, 18:16, houses 1141 - important [4] - 60:16, 61:7, 47:13, 47:23, hearsay -type 11] 18:24, 19:3, 19:5, 19:17, 21:19, 7:7, 9:8, 20:9, 61:15 . - 78:16, 78:17 - 47:4 19:21, 19:22, 24:5, 28:18, 31:8, 50:13 inspections [11- greenness [1] - heat [11- 73:24 20:6, 20:7, 20:10, 31:13, 32:8, impressed [1] - 62:8 47:10 heater [3] - 73:6, 20:16, 21:18, 34:14, 34:18, 26:22 inspired [1] - Greg [t] - 40:24 73:21, 74:8 21:19, 21:20, 34:24, 48:3, 57:6, improper [1] - 20:16 ground [11] - heaters [2] - 21:24, 22:4, 61:14, 67:9 61:20 Inspired 131 - 10:19, 17:16, 19:19, 74:4 35:17, 40:3, housing 15] - improve 11] - 15:16, 24:12, 28:13, 30:16, heavy [1] - 37:10 40:15, 58:24, 4:11, 21:11, 38:15 24:14 32:4, 32:5, 32:6, hello [1) - 49:12 68:21, 72:12, 22:14, 50:21, improvement instance [1] - 43:11, 47:15, HELM [10] - 72:18, 72:19, 58:10 1 75:9 11:1 77:9, 81:17 49:12, 49:21, 72 :22, 73:3, 74:7, Houston [6] - improvements instances [1] - group [3] - 49:23, 50:2, 50:8, 74:14, 75:22, 22:9, 22:13, 1z] - 7:24, 11:20 44:17 24:19, 26:19, 50:15, 51 78:6, 78:10, 22:14, 22:15, inadequate [1] - interest [1] - 66:5 51:19, 51:23, 78:11, 79:3, 22:23, 23:4 83:2 17:2 Group [2] - 53:11 81:13, 81:16 huge [3] - 15:20, inch [5] - 31:15, interested [11- 11:24, 29:19 Heim [11- 49:12 Home [2] - 18:23, 74:2 31:16, 33:20, 84:15 grow 121- 37:9, Heim's [ - 74:22, 75:5 HUINKER 17] - 60:21, 60:22, interesting 111 - 68:11 59:14 homeowner [4] 29:19, 38:7, 39:9, 79:9 6:23 growing 11] - help [9] - 10:2, - 20:10, 25:20, 48:8, 48:15, 80:9, inches 131 - interject [1] - Depo • Court Reporting Service (630) 983 -0030 92 6:12 keep [si - 16:21, language [11- 53:24 management [3l 56:17, 60:10, internal [t] - 19:21, 20:2, 24:2, 64:24 live [s] - 13:2, - 38:20, 39:1, 62:8, 62:10, 65:2, 33:17 44:16, 74:15, large [21- 12:4, 14:10, 21:12, 67:18 67:1, 67:19, introduce [41- 74:16, 76:6, 58:24 29:7, 41:18, manager 121 - 67:22, 68:15, 3:16, 5:18, 6:10, 77:21 largest [11- 61:14 49:12, 51:23 69:20, 70:1, 70:8, 14:4 Kendall s - 3:5 15:19 Living 5 - 18:6 manner z - 70:14 70:17, introducing [21- 3:7, 3:22, 46:18, Las [2] - 21:10 18:7, 19:2, 19:8, 39:11, 80:11 71:7, 72:1, 72:5, 9:2, 10:23 49:13, 51:5, LaSalle (1] - 79:6 manufacturers 76:19, 77:23, inundation [1l - 51:17, 51:21, 12:15 LLC [zl - 3:6, [2l - 74:12, 74:23 78:3, 79:22, 46:21 68:6 last 18] - 20:8, 3:22 manufactures 82:13, 82:24, invest [11- Kendallwood 20:24, 31:11, local [5] - 34:12, [1] - 19:20 83:4, 83:15, 77:19 (21- 20:13, 33:16 31:23, 41:19, 45:13, 45:14, map [51- 65:24, 83:18 investment [11- Kentucky [1] - 46:12, 71:8, 73:3 75:9, 76:4 66:7, 66:9, 66:14, mAYOR 131 - 15:21 76:9 lastly (1) - 24:6 locally (2] - 66:16 29:8, 35:16, investor [z] - kept [31- 16:20, latest [11- 64:10 75:12, 75:13 market (131- 67:16 51:24, 77:19 31:24, 60:20 launch [1] - located [21 - 4:11, 6:5, 8:10, Mayor [3] - 2:2, involved [2] - kids [2] - 35:21, 79:13 3:12, 12:21 8:17, 15:22, 26:18, 61:13 15:15, 46:16 36:7 launched [z] - location [1] - 21:11, 23:2, McLAUGHLIN issue [18] - kind [10l - 6:24, 24:10, 24:15 27:1 25:23, 25:24, [11- 2:13 29:15, 37:18, 13:3, 16:1, 16:3, leak (1] - 19:7 look [151- 10:2, 26:4, 56:8, 56:10 mean (41- 49:7, 51:7, 51:21, 52:4, 17:5, 17:11, learned [11- 10:7.10:12, marketed [1] - 75:8, 81:14, 56:23, 59:7, 60:8, 22:13, 22:16, 26 :23 12:16, 12:18, 23:8 81:19 68:8, 68:9, 68:17, 42:6 learning (1] - 13:10, 20:11, marketing [4] - meaning [1] - 69:5, 69:8, 69:10, kinds [2] - 9:16, 18 : 1 36:14, 42:12, 20:18, 22:5, 23:5, 29:22 70:2, 70:5, 71:8, 9:19 least [1] - 18:13 54:18, 55:13, 40:12 means (41- 71:16 kitchen (4] - leaves (21- 73:2, 66:15, 70:10, marketplace [4] 4:18, 4:22,15:23, issues [10] - 6:2, 16:8, 16:10, 80.24 70:20, 72:23 - 9:18,11:3, 13:7, 73:12 6:3, 49:15, 59:11, 75:15, 76:4 leaving [1] - looked [4] - 13:20 measure 1i - i 63:21, 68:3, kitchens [21- 32 6:16, 8:10,10:9, markets [1] - 60:3 70:22, 71:11, 16:9, 19:18 led [2] - 33:23, 65:24 40:17 measured [1] - 71:15, 71:24 knowledge [t] - 62:15 looking (8] - 6:4, Marriott [21- 69:13 item [31- 3:17, 26:22 legal [11- 47:1 8:19, 13:7, 17:4, 15:1, 15:11 measures (8] - 40:19, 63:8 known (1] - legitimate [21- 17:21, 66:3, MARTY [11 - 2:5 39:20, 59:13, items 121- 63:2, 25:19 59:20, 59:21 70:12, 83:11 Maryland 11] - 80:5, 80:13, 82:2 knows [21- 4:2, length (1] - lose [1l - 28:17 17:13 80:21, 80:22, itself [1] - 34:19 31:4 13:10 loss [1] - 61:17 massive [1] - 81:7, 81:9 less [s] - 7:5, loud [1l - 29:2 39:5 meet [31- 55:22, J L 11:19, 35:21, Louisville [1] - master (11- 8:2 59:18, 59:24 47:22, 57:19, 76:9 material [1l - MEETING [1] - JACQUELINE LA (11- 84:2 67:6, 72:20, 73:7, Lowe's 121 - 30:20 1:7 73 74:22, 75:5 mats [1] - 60:6 meeting 161 - (11- s o n LAMBKE [�] - lower [11- 34:1 matter 3 1:15, 1:14, 62:13, lesser [1] - [ ] _ Jason [11- 40:24, 41:4, 49:12 45:24, 46:12, 35:24 31:12, 32:2 63:22, 63:23, job [41- 9:21, 60:12, 61:20, letter [31 - 69:9, M mature [11- 82:3, 83:23 18:19, 24:18, 62:5 69:15, 71:12 72:12 meetings [1l - 37:3 Lambke [3] - ma'am [1l - letters (4] - 52:2, max [11- 56:14 32:10 jobs [11- 34:12 40:24, 48:20, 68:8, 69:6, 69:21 43:24 MAYOR (581 - meets [1] - 13:4 1 JOE 11) - 2:4 60:12 letting [1] - 14:8 mad [1] - 24:3 3:5, 27:11, 27:17, member [ l - level [1] - 66:4 28:7, 28:20, 63:5 John (�1- 3:19, Land [101- 3:5, main (sl - 28:16, 28:22 29:1 29:5 members (z] - 5:18, 14:4, 14:6, 3:22, 22:9, 22:11, levels (z] - 29:17, 36:22, 72:17, 72:19 29:11, 29:16, 63:1, 63:6 26:11, 39:22, 49:13, 51:5, , 36:23, 48:21 53:21 51:17, 51:21 life (z] - 23:9, maintain [1l - 32:9, 35:2, 35:5, mentioned [zl - 74'21 35:10, 35:23, 5:13, 62:1 JR [1] - 2:9 68:6 56:3 lightly (1] - 36:2, 37:14, 39:3, mess (1] - 61:9 June [1] - 23:16 land [11l - 4:12, maintenance [31 41:2, 43:24, 44:6, method [1] - 8:13, 42:18, 10:11 limbo - 51:11, 81:6, 45:4, 45:19, 25:13 K 48:12, 53:9, o 111 - 42:6 83:12 45:22, 46:6, 48:1, Meyers 111 - 64:17, 65:16, line 9, (s] : 7:17 major [11- 81:22 48:10,48:19, 21:13 65:24, 66:1, 43:9, 43:15, man 121 - 46:12, 49:7, 49:11, middle [11- 76:1 KATHLEEN [1] - 66:14, 66:16 56:16, 57:17 47;4 2:19 listening [1] - 50:17, 55:8, Midwest (2] - Depo•Court Reporting Service (630) 983 -0030 93 17:13, 17:15 78:16, 78:24 muck [4] - neighborhoods number[141- 74:5 might [21- 9:15, mostly [11- 41:20, 41:24, (s] - 17:8, 20:13, 7:2, 9:3, 36:16, open [41- 12:5, 73:17 11:11 42:2, 46:23 21:9, 22:12, 41:5, 41:7, 50:19, 27:11, 27:22, MILLER ]s] - move [41- mucky [1] - 23:12, 52:15 56:21, 70:1, 67:8 62:16, 64:3 13:22, 27:7, 42:19 nest Ill - 36:4 70:23, 71:2, 77:5, opening ill - 65:15, 67:13, 59:16, 79:11 mudslides [11- nester It] - 11:3 77:6, 80:18 23:16 67:17, 67:20 moved [41- 81:14 nesters [31- numbers [4] - opportunity ]z1- million 12) - 18:14,61:11, multi (41- 28:21, 82:5, 82:6, 82:8 36:10, 36:18, 6:10, 27:2 21:1, 21:4 72:12, 72:13 35:14, 36:6, network p] - 36:19, 36:21 opposed [41- millions [11- MR [1041- 2:3, 51:12 25:6 7:13, 30:16, 74:4 2:4,2:8, 2:13, multi - family [4] - never p1- 0 30:21, 58:5 j MILSCHEWSKI 3:18,14:7, 26:11, 28:21, 35:14, 16:16,18:19, opposite [l1- Ill- 2:16 28:6,28:10, 36:6,51:12 23:8, 24:15, 30:10 mind [31- 51:16, 28:21, 28:23, multiple Ill- 28:11, 43:13, obviously 181- option (5] - 65:10, 77:21 29:4, 29:6, 29:9, 46:20 81:16 6:6, 27:9, 47:11, 34:20, 34:22, 57:23, 68:3, minded [1] - 29:13, 29:19, multitude [l1- new [8] - 7:9, 35:11, 40:18 14:19 31:3,32:12, 80:22 16:10,21:18, 70:19, 72:20, optional [3] - mine [1] - 15:3 32:15, 32:20, municipality 81:3 p ty [�] 42:7, 59:10, 74:4, occupancy Iz] - 40:11, 40:16, minimum [i] - 32:21, 32:22, - 7:21 81:13, 81:17 40:19 67:14 32:23, 33:1, MUNNS [i] - 2:5 New [1] - 25:3 8:19,63:11 options [41- 33:11, 33:15, minutes ]z] - murky [t] - 15:9 next ]z] - 28:19, occur [z1- 34:24, 35:6,35:8, 33:19, 34:4, 34:7, y 63:10, 80:21 62:23, 63:23 Myrtle Iz] - 24:7, 60:22 35:12 missed 11] - 34:9, 35:4.35:8, 25:1 NFL [lI - 20:23 occurred [z1- order [z1- 3:15, 35:13, 35:15, 4:15, 39:6 20:15 nice [5] - 6:20, 82:10 mistake [z] - 35:17,35:19, N 25:15,26:19, October p ordinance [71- 35:20, 35:24, 74:1, 74:3 41:18, 41:23 1:16 9:7, 10:6, 12:18, mistaken (z) - 36:6, 36:10, night (1] - 60:21 odd (1] - 7:4 36:14, 36:15, 52:2, 57:22 36:12, 36:13, nailing [i] - nine [1] - 22:12 OF [41- 1:8, 57:13, 69:6 36:22, 36:24, 23:19 1:14, 84:1, 84:2 mix (�] - 6:13 non [s] - 4:14, ordinances 141 - Mobile (i1- 37:2, 38:7, 39:9, name [81- 3:19, 6:8, 10:20, 18:14, off -site [i] - 7:23 57:10,58:14, 39:22, 40:24, 22:11, 25:19, offices [1] - 3:20 i 23:20 51:14, 68:19 59:18,83:8 ` model p] - 41:4, 43:18, 44:2, 27:14,29:2,29:5, non - certified [1] official [11- 43:3 original ]s] - 75:19 44:8, 45:9, 45:21, 29:6, 46:14 - 18:14 often [i] - 43:5 38:22, 42:5, models It1- 45:24, 46:4, Naperville [i] non- payment Ohio ] - h1- 17:17 43:19, 48:13, 20:2 46:12, 48:8, 3:21 [1] - .68:19 old [� 24:11 61:2, 84:17 modifying Ill - 48:15, 49:5,49:9, nationwide [4] - non - pervious on -site [11- 25:5 originally Iz] - 9:1 49:12, 49:21, 52:11, 52:12, (1] - 51:14 once [s] - 4:15, 47:22, 56:14 mom [i] - 11:14 49'.23.50:2,50:8, 52:16, 52:20 non - residential 19:14, 42:17, ORR [z1- 2:19, money (�s] -- 8:1, 50:15, 51:10, naturalized [1] - 13] - 4:14, non-residential 48:11, 57:24, 71:10 8:8 51:23,52:13, 38:19 10:20 79:6 otherwise Iz] - 9:11, 16:21, 52:21, 53:7, nature [1] - normal I�1- one [441 - 5:12, 7;22, 20:12 53:11, 53:21, 44:23 5:22, 6:3, 7:2, 21:21, 45:1, 56:8, 75:24 ought 11] -43:5 69:1, 73:11, 54:3,54:11, 55:5, neat [i] - 23:1 north [z1- 37:18, 8:24, 10:3, 14:15, ourselves [21- 73:12, 73:15, 55:12, 56:20, necessarily [1] - 41:21 14:21, 16:7,22:4. 50:5, 65:9 57:10, 58:12, 7;22 22:15, 25:5, 25:6, 77:17, 77:20, northeast [i1- out -of- the -box 78:22 58:17, 61:16, need 131 - 10:2, 38:12 26:2, 29:12, 37:8, (1) - 20:18 moneys [t] - 61:22, 62:16, 43:2, 45:19 nosedive [l] - 38:12, 43:20, out - perform [3] 9:23 64:3, 65:15, needed ]z] - 4:11 46:19, 46:20, - 18:9,18:11, 67:13, 67:17, 27:13, 58:20 48:21, 50:19, monitoring 1�1- notes [�] - 84:9 18:12 d 69:4 , , needs [z] - 71:4, 51:18, 52:9, 45:11 67:20 nothing Is] - out - performing 56:22 77 72:3 70:6 , , , :6 , , month [z] - 69:24 9:20, 25:9, 32:24, 52:23 [t] - 23:14 63:17 63:5 63:2, , , ' 23:13, 60:21 75:11, 76:17, 72:14, 73:10, neighborhood 33:8, 41:24 outcome (3] - months [41- [181- 21:22, 22 :8, notices la] - 63:20, 66:4, 68:3, 62:14, 62:15, 41:19, 49:23, 78:8, 78:13, 22:18, 23:20, 44:3 68:4, 70:23, 71:8, 84:15 79:18, 80:9, 83:6 2321, 23:24, 74:11, 75:5, 76:5, 49:24, 73:1 notification p] - : outlets (z1- moot 111 - 64:23 MS [61- 2:2, 2:7, 24:7, 24:8, 24:11, 49:20 77:5, 79:2, 80:18, 24:16, 25:2 2:19, 60:12, 62:5, 24:16, 24:24, 82:1, 82:23 Most p] - 76:12 notifications [�] overall (11- 71:10 26:8, 53:2, 53:5, One [1] - 3:9 ' most [s] - 14:15, - 44:4 12:13 MSNBC p] - 53:13, 53:16, ones [l I - 79:1 own ]z] - 69:12, 20:9, 22:8, 31:13, 25:9 53:18, 54:10 November [�] - ongoing [t1- 34:1, 35:5, 44:21, 85:2 78:11 Depo•Court Reporting Service (630) 983 -0030 94 owned [1] - path [1] - 8:7 pervious [1) - 53:6, 53:12, 54:9, 13:15 problem [151- ' 22:10 pathway [1] - 51:14 54:14, 56:2, ponds [4] - 12:6, 28:11, 31:20 Pete [3) - 11:23, 56:22, 62:13, 41:15, 43:1, 37:21, 41:14, P pavement [1) - 12:8, 29:19 62:18, 62:22, 60:19, 61:4 43:23, 51:4, 51:9, 39:11 petitioner [2] - 62:23, 63:3, 63:5, poor 111- 15:5 51:10, 57:1, 57:2, ! pay [5] - 18:17, 3:6, 62:17 63:6, 63:18, population [5] - 62:4, 68:4, 71:22, p.m [11- 1:17 40:11, 69:1, petitioners [11- 63:22, 64:4, 64:7, 41:8, 41:10, 76:2, 81:22 package [11- 69:14, 69:16 3:22 64:8, 64:11, 47:23, 82:7, 82:8 problems [141- 27:4 64:12, 64:16, paying [z1- Philadelphia [1] portion [4) - 3:2, 43:6, 43:14, packet (2) - 51:18, 70:23 - 17:16 64:18, 64:21, 29:24, 50:4, 44:12, 44:13, 62:22, 63:23 payment [21- PHILIPCHUCK 64:22, 65:1, 65:4, 83 :22 47:9, 47:15, page [11- 25:3 68:19, 68:22 65 65:21, Pages [1] - 84:7 [ze] - 3:18, 26:11, possible [3) - 49:16, 50:23, Pa g payments [31- 35:15, 35:19, 65:22, 65:23, 26:10, 45:4, 45:8 59:15, 59:17, paid [5] - 25:9, 811, 8:18, 10:5 36:10, 36:13, 66:15, 66:21, possibly [1] - 68:14, 76:23, i 51:21, 52:4, 68:6, people [15] - 36:24, 43:18, 66:22 4 1:13 77:1 69:17 8 :21, 13:2, 23:11, 44:2, 49:5, 49:9, plane 11] - 14:16 postpone 111 - proceed [1) - panel [1] - 21:16 23:13, 23:22, 53:23, 54:3, planned [z1- 8 4:20 panels [3] - 24:2, 34:24, 36:4, 54:11, 55:5, 3:9, 53:14 potential [1) - Proceedings [1] 21:23, 40:16, 46:19, 56:24, 55:12, 56:20, planning [1] - 25 :20 - 84:7 47:14 57:2, 57:22, 57:10, 58:12, 29:14 pours [11- 49:1 proceedings [5] paper [1] - 15:2 65:13, 81:9, 58:17, 61:16, plans [9] - 48:5, POWELL 11) - - 3:3, 46:16, Parade [1] - 81:14 61:22, 62:6, 55:1, 57:12, 2 :15 49:18, 83:21, 23:23 people's [1) - 68:18, 69:4, 65:17, 78:6, 84:5 parallel [1] - 59:21 69:24, 70:6, 72:3 78:10, 78:11, Practices [1] - 38:20 PROCEEDING 12:17 per (8j - 11:9, Philipchuck [e] - 79:4, 79:15 Prairie [1] - S [1] - 1:14 Park [21- 5:6, 16:9, 20:14, 31:2, 3:19, 55:3, 56:18, plant [1) - 30:20 29:20 process [3] - 5:7 52:12, 53:20, 58:8, 70:19, 72:2 planted [2] - pre [1] - 57:20 4:7, 9:10, 76:23 park [2) - 8:13, 54:5, 67:11 pick [2] - 24:17, 60:6, 80:7 pre product [15] - 8:22 perceive [1) - 25:2 plantings [2] - development [1) - 6:6, 6:7, 6:11, Part [1) - 58:17 41:7 picture [1] - 38:20, 77:8 57:20 6:14, 9:2, 9:10, part [15] - 5:17, percent [e) - 42:12 plat p) - 4:8, preliminary [1] - 10:23, 11:2, 6:12, 10:4, 26:14, 16:11, 18:13, pictures [1] - 8:14, 48:2, 63:16, 66 11:10, 12:20, 30:1, 30:2, 30:7, 18:15, 21:17, 42:24 63:17, 64:19, prepared [5] - 13:9, 19:15, 30:8, 37:21, 38:21, 23:15, 79:2 piece [5] - 19:14, 66 50:11, 64:6, 66:6, 59:2, 74:15 44:21, 58:18, percentages [1] 20:8, 20:9, 54:19, platted [4] - 66:14, 81:2 products [z] - 59:5, 59:12, - 51:13 66:12 46:7, 54:13, 19:20, 25:17 80:24, 81:2 preparing [1] - perfect [1] - pieces [3] - 54:16, 65:7 65:23 profitable [1] - participation [1] 61:12 18:24, 19:16, platting [1] - 7:23 15:24 presentation [3] perform [e] - 40:20 64:9 - 5:18, 15:8, 27:8 program [17] - particular [3] - 18:2, 18:9, 18:11, pit 111 - 46:24 played [1) - presented [1] - 5:19, 14:5, 15:9, 8:16, 11:19, 18:12, 19:1, place [19] - 4:5, 20:22 10:10 16:2, 16:4, 16:14, 54:19 19:17, 72:16, 4:17, 5:24, 6:24, plays [1] - 20:22 presents [1] - 17:20,18:5, particularly [1] - 72 :18 13:14, 15:24, Pledge [1) - 3:1 78:14 19:10, 21:4, 64:16 performance [3] 17:9, 20:22, 32:7, PLOCHER [1) - Preserve [1] - 25:15, 26:9, parties [z] - - 15:8,19:22, 38:3, 39:5, 39:20, 2:4 25:1 27:19, 40:6, 84:13, 84:14 20 : 7 59:13, 63:12, plug [z] - 36:15, 52:15, 79:6, press [1] - 24:15 partnered [1] - performing [2) - 72:17, 79:5, 80:5, 36:20 pretty [3) - 14:9, 79:15 19:13 20:3, 23:14 81:9, 84:10 pocket [1) - 16:9, 18:18 programs [1] - partners [1) - performs [1] - places [1] - 74:16 72:24 25:15 prevent [1] - 15:14 17:18 podium [1) - 81:11 project [3) - partnership [z] - permanent [1) - plan [17] - 5:4, 28:8 previous [1] - 15:16, 42:15, 19:9, 25:10 39:21 7:9, 8:2, 30:3, oint 10 - 4:23, 62:2 p [ ] 63:16 pass [z] - 19:7, permit [3] - 8:19, 30:7, 31:7, 39:2, 10:9,13:2, 22:8, previously [1] - projects [1] - 67:7 19:4, 63:11 42:7, 50:2, 54:20, 27:18, 30:4, 41:6 17:16 passed [z1- permits [z] - 55:6, 56:9, 59:24, 54:11, 63:9, price [11- 79:2 proper [3] - 65:6, 65:10 9.22 9 : 24 64:14, 78:14, 63:10, 71:23 primary [1) - 18:4, 47:8, 81:4 past [3) - 8:13, permitted [z) - 81:1 Point [1] - 29:20 63:21 properly [3] - 45:6, 51:22 10:16, 54:5 Plan [43] - 5:5, pointed [2) - pristine [1] - 60:15, 61:3, 61:5 patching (1) - permitting [1) - 6:17, 6:23, 6:24, 12:15, 59:22 46:23 properties [z) - 60:5 40 : 7 7:4, 53:1, 53:3, poised [1] - private [1) - 70:4 12:22, 66:8 Depo•Court Reporting Service (630) 983 -0030 95 property [47] - 46:10, 55:15, R 25:13 62:12, 68:8 requires [2] - 3:11, 3:23, 4:2, 55:18, 59:24, rebuild Ill - 61:9 reiterated [t] - 67:14, 67:17 4:24, 8:4, 8:21, 62:19, 66:9, 67:7 rebuilding [l] - 63:19 residences [1] - 10:13, 10:14, pull [2] - 69:9, R f141- 3:9, 31:23 related [2] - 11:8 10:15, 10:22, 69:15 4:1, 6:18, 6:21, receipt[l] - 84:12, 84:13 residenth] - 12:19, 13:11, pulling [11- 68:8 7:6, 7:11, 7:12, 14:21 relationship [21 5:12 13:22, 35:22, purchase [2] - 7:15, 54:4, 54:6, receive [21- 9:6, - 12:19, 75:15 residential [7] - 38:13, 41:6, 15:13, 40:8 67:4, 67:7 49:20 relationships [1] 4:14, 6:8, 6:14, 43:16, 47:7, purchasing [1] - R -3 [21- 6:19, received [5] - - 16:24 7:5, 10:20, 41:5, 47:12, 48:22, 75:6 6:22 26:13, 44:3, 44:7, released 121 - 66:10 52:3, 53:13, 54:3, pursuant [31- radio [i] - 23:6 44:9, 80:3 33:24, 34:1 residents [3] - 54:12, 54:13, 9:6, 58:14, 68:24 Rain [1] - 37:4 recently [z] - releases [1] - 37:22, 50:13, 54:15, 54:16, put [34] - 4:21, rain [26] - 12:8, 44:24, 65:7 80:16 50:20 54:19, 55:13, 6:24, 9:4, 10:19, 12:10, 30:2, 30:7, recitation [1] - relevance [i] - resolve [l] 55:21, 56:5, 16:3, 18:15, 30:9, 30:13, 64:1 64:4 49:14 56:12, 56:15, 19:15, 21:22, 30:24, 31:1, 31:9, recommend [31 relevant [i] - resource Ill - 57:5, 57:6, 57:18, 21:23, 23:12, 31:12, 32:2, - 5:6, 62:18, 71:12 64:13 57:20, 58:10, 24:15, 25:16, 33:13, 37:7, 71:17 relied [l] - 9:23 respect [1] - 58:11, 60:19, 26:19, 31:19, 37:14, 37:16, recommendati remember[l] - 13:14 61:8, 63:4, 64:8, 31:20, 32:3, 38:9, 38:14, on [3] - 7:8, 26:9, 9:9 respond Ill - 64:9, 64:15, 39:20, 40:8, 41:9, 38:24, 48:17, 63:4 remnant Ill - 71:21 76:24, 77:7 43:14, 56:15, 51:3, 58:15, recommendati 63:15 response Ill - proposal [61- 57:6, 57:18, 58:18, 59:6, ons [6] - 5:9, 44:8, removing 11] - 83:17 26:24, 27:5, 56:1, 58:24, 59:2, 60:21, 83:10 64:17, 65:16, 42:17 responsibility 68:14, 69:11, 59:13, 60:2, rains [3] - 32:18, 65:24, 66:2 rent [21- 14:17, Ill - 84:20 69:12 63:12, 65:4, 37:9, 42:19 recommended 14:18 resubdivide [1] - propose [11- 65:12, 68:20, Raintree Ill - Ill- 5:7 rental [1] - 14:22 55:20 75:19 72:17, 77:20, 71:1 recommends [1I repaired [1] - resubmit hl - proposed [7] - 79:4 raised It] - 63:8 - 64:8 39:15 50:3 6:15, 7:9, 29:10, putting [61- rate [l] - 34:1 record Ill] - repeat [31- result [61- 6:16, 29:24, 50:21, 8:20, 9:23, 47:16, rather [] - 47:21 27 :15, 29:2, 43:3, 19:17, 20:3, 76:3 7:19, 11:4,16:17, 55:15, 82:12 58:18, 74:3, re [2] - 73:5, 43:18, 45:7, repeatable [2I - 61:23, 63:15 proposing [141- 77:17 73:10 62:14, 64:2, 68:1, 17:20, 25:18 results [3] - 6:19, 8:9, 30:1, re- certification 68:2, 70:7, 82:6 replace 121 - 21:7, 23:10, 30:4, 30:6, 30:12, Q Ill - 73:5 recorded [1] - 73:7, 73:8 23:21 30:19, 30:23, re- certify [lI - 4:8 report [51 - 1:14, retain [1] - 41:16 38:14, 38:23, 73:10 recording Ill - 6:20, 45:15, 64:6, retained [1] - 47:24, 48:17, qualify [�] - 18:5 reads [11- 69:6 8:14 65:1 60:19 51:6, 83:9 quality [1] - 59:7 Real [11- 25:4 records [i] - Report [t] - 84:7 retention [61- prove h] - 74:18 questions I24I - real [2] - 3:11, 49:8 reported It] - 41:15, 43:1, 58:4, provide [41- 8:6, 11:24, 16:17, 37:9 recycles 12] - 84:5 60:19, 61:4, 83:2 80:21, 82:21, 27:9, 27:21, 28:4, realistically [1)- 15:10,15:11 Reporter[1] - reusable[l] - 83:11 79:1 28:10, 29:12, redevelopment 84:4 17:24 provided It] - 29:13, 34:10, reality [1] 4:17 39:23, 50:19, Ill - 66:20 representing [1] reverse It] - 74:20 redo [21- 18:23, - 3 :22 30:17 provides [iI - 68:16, 71:5, , 75:6, real) y [ ] 1s - 8:21, 71:14 31:22 reproduced It] - review [4] - 10:6 9:21, 13:19,15:9, reduced Ill - 9:3 84:20 50:14, 62:24, 76:18, 76:20, providing [1] - 16:22, 24:3, 24:9, referring [i] - request I2I - 78:15, 79:5 77:24, 78:4, 38:24 24:22, 25:23, 33:12 10:8, 45:9 reviewed 13I - publiclll] - 79:19, 79:20, 27:1, 27:2, 39:9, 80:2 82:20 reflect Ii] - 64:7 requesting [3] - 64:13, 64:18, , , 3:15, 4:24, 5:1 39:12, 50:4, , 83:16 54:18, 67:3, refrigeration [l] 3:8, 3:23, 76:13 66:19 27:12, 28:4, 45:7 quick [2I - - 40:19 requests Ill - rezoning [3] - 62:17, 64:1, 82:6, 68:23, 72:8, regard [51- 8:11, 12:2 3:8, 3:23, 62:19 83:19, 83:22 34:10, 76:3 74:11 g PUD [zz] -2 quite [3] - 31:13, reason [s] - 5:9, 71:11, 71:14, required [6] - Rich [1] - 29:6 35:12, 47:13 71:15 35:12, 36:17, Rich's Ill - 33:4 4:8, 6:12, 7:13, 13:8, 28:16, regarding [z] - 40:11, 40:21, Ridge f�l - 71:1 7:14, 7:20, 8:16, quote [iI - 47:23 67:20, 68:13 29:21, 38:8 58:5, 81:7 right-of-way (21 9:1, 10:4, 12:13, reasons 1l] - regardless [2] - requirements - 34:3, 43:10 12:24,13:22, 69:17 41:8, 64:9 [4] - 35:7, 55:22, rise [4] - 18:10, 26:14, 30:1, 35:2, rebate [i l - regards [2] - 57:14, 57:19 18:21, 43:12, Depo•Court Reporting Service (630) 983 -0030 96 79:12 S 22:3, 22:4, 24:1 side [61- 32:15, 39:21, 44:17, Spears [31- risk [21- 77:17, sense [6] - 33:7, 37:18, 45:13, 59:11, 27:15, 79:24, 77:21 26:24, 27:1, 38:13, 41:21, 59:12, 80:4, 82:13 River [i] - 42:10 sales [31- 23:15, 40:17, 65:14, 73:23 80:10, 80:19 special [21- road (31- 11:21, 74:12, 74:19 73:11, 75:4 sign [5] - 27:13, solar [7] - 21:16, 7:14, 25:7 41:22, 48:24 SALLE [11- 84:2 sent [3] - 45:5, 28:8, 41:2, 79:1 21:17, 21:23, specifications Road (21- 1:17, sanitary [21- 50:12 sign -in 11] - 23:3, 26:5, 40:16, [1] - 78:12 3 : 24 11:21, 43:9 separate [11- 27:13 47:14 spend [21- 21:3, roads p] - 77:12 Sarasota [21- 7:13 signed [21- sold [31- 21:14, 78:22 roadway (1] - 14:10, 21:12 series (i] - 17:3, 84:18 21:16, 34:22 spotless [t1- 39:14 save [1] - 21:21 33:16 S[lino[s [21- solidify [t] - 61:12 roadways [21- savings [51- session [1] - 45:10 77:9 spots p] - 17:1 30:5, 33:23 18:15, 72:19, 79 :23 silly [1] - 55:19 solution (i) - Spring [i] - ROBYN [i] - 2:7 72:21, 72:22, set 121 - 48:2, silt [5] - 42:19, 51:6 22:19 rock (i] - 41:24 73:23 85:2 46:21, 60:2, solutions 12] - square (21- saw (11- 37:19 rocking p] - setting [11- 65:8 80:15, 80:23 57:8, 71:5 20:14, 29:23 22:2 scenario [11- seven [2] - 73:6, siltation 11] - solve [2] - 51:4, SS [11- 84:1 role 121 - 72:10, 80:19 73:22 42:9 51:7 stabilized [2] - 72:13 school (91- several [31- 5:9, silting [31- solved (11- 45:1, 80:10 rolling [i] - 8:13, 9:3, 9:4, 10:7, 80:1 60:18, 61:5, 61:6 47:15 stable [21- 19:14 9:5, 11:1, 22:22, sewer [61- similar [2] - someone [4] - 44:16, 44:22 roof [i] - 32:4 22:23, 36:1, 36:9 11:22, 43:9, 23:21, 72:24 3:16, 15:12, Staff [131- 6:16, roofs 11] - 30:8 school -aged [i] 43:14, 62:2, simple 1i1- 59:22, 73:16 6:20, 12:2, 12:15, rooftop [2] - - 9:3 80:16 17:20 somewhere [4] - 26:15, 32:9, 29:23, 48:18 schools (2] - sewers (i] - simplified p] - 32:5, 37:11, 32:11, 37:17, room (1] - 15:2 8:23, 9:1 11:21 25:12 37:12, 77:4 45:13, 56:6, 64:6, rooted [11- scooping pi - shale (1] - 43:11 simply [1] - soon [1] - 26:10 64:24, 65:1 30:20 17:13 share [21- 30:22 sooner [3] - stages 121- , ROSE (1] - 2:6 score (il - 19:21 16:11, 56:10 single [161- 4:9, 77:7, 77:9 18:4, 42:16 round (1] - 79:9 SEC [31- 11:24, shareholders 6:6, 6:7, 6:14, sorry [9] - 32:12, stagnate [1 Route (51- 3:12, 29:19, 37:2 [11- 16:22 11:8,13:17, 32:20, 46:17, 9:20 3:13, 4:13, 4:19, second [21- sheet [3] - 15:13, 21:19, 48:8, 53:11, stamp (1] - 18:8 32:14 4:17, 63:9 27:14, 30:22, 25:20, 28:12, 55:10, 61:16, stand p] - 8:17 ruined [zl - secondary [i] - 58:5 35:17, 36:7, 78:1, 78:8 standard [3] - 46:22, 61:10 4:22 shell [i] - 74:14 40:15, 47:20, sort 121 - 73:5, 34:21, 40:15, run n 1 - 6:22 section [2] - ship [3] - 19:18, 47:21, 51:12 76:9 40:21 run [ 171- 19:8, 31:15, 25:4, 39:13 19:19, 19:20 site [81- 7:23, sound [11- 7:16 standards [21- 38:17, 39:12, sediment [1] - ships (1] - 76:8 25:5, 29:24, sounds [i] - 6:21, 18:21 -- 43:9, 50:23, 80:15 shoots [11 - 25:5 44:14, 44:18, 77:3 standpoint [11 - 50:24, 57:3, 57:6, sedimentation shortfalls [i] - 44:21, 46:1, South [i1- 24:7 6:16 57:19, 57:24, [i] - 81:1 79 80:24 south [5] - 4:12, stands [1] - 58:11, 68:4, see [22] - 11:8, Shorthand (1] - sites [i] - 45:14 6:9, 33:7, 45:2, 69:12 70:24, 71:14, 12:5, 12:20,17:3, 84 : 4 sits p] - 42:6 63:10 Star [2] - 19:18, 75:1 19:6, 24:5, 26:10, shorthand [21- situation (1] - southern p] - 40:20 run -off (131- 33:17, 41:11, 84:5, 84:9 4:15 29:24 start [8] - 9:14, 31:15, 38:17, 47:6, 47:21, 51:1, shoulders [t] - six [2] - 49:23, space 111 - 17:1 17:12, 21:19, 39:12, 50:23, 51:2, 52:4, 60:23, 45:1 49:24 spaces pi - 28:3, 40:3, 46:10, 50:24, 57:3, 57:6, 60:24, 61:12, show [3] - sizes 1i] - 12:3 12:5 47:16, 59:10 57:19, 57:24, 66:16, 67:2, 73:23, 78:17, slick [i] - 22:17 SPEAKER [i] - started [2] - 58:11, 68:4, 68:11, 70:22, 79 slightly(i] - 43:22 81:10, 81:16 70:24, 71:14 81:19 Show (1] - 25:7 48:15 speakers [i] - starting [1] - running [t] - seed [�] - 8:9 showed [4] - slope (1) - 44:15 27:13 17:15 30:16 seeing p] - 16:14, 25:7, small [21- 34:2, speaking [11- starts [21- 19:4, runs 16] - 25:9, 13:24 66:10 36:4 38:8 23:16 32:17, 33:5, 33:6, segment [21- showing [11- smaller [2] - SPEARS [131- state VI - 5:22, 34:2, 79:8 11:2, 25:8 66:7 16:16, 23:21 2:6, 27:16, 49:19, 26:2, 26:3, 26:7, sell 151 - 16:9, shows 121 - 7:4, smile p] - 17:11 49:22, 49:24, 57:21, 73:13, 21:17, 21:18, 19:15 Smith [i] - 44:4 50:6, 50:9, 50:16, 76:10 21:19, 22:4 shuffle p] - sod [1] - 81:18 80:1, 81:8, 82:22, State [1] - 15:9 selling [31- 11:15 soil 111] - 39:10, 83:1, 83:14 STATE - 84:1 Depo•Court Reporting Service (630) 983 -0030 97 statements [1] subaquifer 11] - 78:5, 78:10, throughout 11] - turnkey (1] - 19:13, 19:15, 78:4 43:12 79:17, 79:20 25:19 25:15 22:24, 24:17, States [1] - subcontractor Sutc[iff (z] - ticket [1] - 14:22 turns I1] - 16:18 25:2, 25:7, 26:12, 73:13 s [1] - 68:7 77:23, 82:15 tie 11] - 5:2 two 115] - 7:4, 27:12, 27:22, stay 131 - 7:11, subdivided (1] - system [4] - 8:2, tile 11] - 33:20 14:16, 24:4, 25:4, 28:8, 31:5, 31:6, 72:24, 82:10 13:16 9:4, 11:22, 80:16 tiles [1] - 31:16 31:23, 58:24, 31:15, 31:17, steep (1] - 44:15 subdivision [271 timbered [11- 63:21, 68:5, 70:1, 33:18, 33:19, stick (3] - 72:15, - 4:7, 4:9, 4:18, T 42:18 70:23, 77:6, 35:22, 36:19, 72:21, 73:1 6:5, 7:3, 8:5, timing (21- 8:11, 78:19, 79:2, 82:2, 42:22, 42:23, sticker [1] - 8:15, 10:21, 12:1, 10:5 82:9 43:12, 43:16, 73:22 13:3, 13:5, 27:19, table [1] - [1 ) - Today [2] - two -hour [1] - 44:1, 44:22, still [11] - 18:19, 33:17, 38:22, 9,19 ss [11- 20:23, 25:7 24:4 47:16, 47:17, 19:19 48:2, 56:1, 56:13, 31:7, 39:5, 42:8, 41:11, 43:8 today [10] - 8:17, two -story (1] - targeted [11- 42:13, 59:24, 43:19, 49:3, 13:8, 34:8, 44:22, 82:9 60:17, 65:9, 60:1, 64:12, 56:14, 58:1, 58:4, 36:3 54:6, 55:14, type [71- 12:20, 68:19, 69:13, 66:19, 66:21, 59:10, 59:23, targeting 111- 55:16, 59:23, 15:8, 19:20, 76:6, 78:6, 79:1, 4 71:4 63:16, 63:17, 82: 66:18, 78:22 36:16, 47:4, 80:12 stone [1] - 54:22 63:20, 82:19 team 11] - 24:10 together [z] - 47:18, 72:9 update [1] - stop [1] - 72:1 subject (11- 4:3 TEELING 11] - 26:20, 59:3 types (21- 6:13, 64:10 stops [2] - suburban 161 - 2:10 tonight 11] - 3:16 30:20 upgrade [1] - 32:24, 74:6 53:1, 53:5, 53:13, teeth 11] - 16:4 took (z] - 4:11, 76:13 stored [1] - 53:16, 53:18, Tejas 13] - 22:9, 42:24 U uppity i - 33:24 54:10 22:10, 22:11 tool 11] - 66:21 22:16 storm [61- successful [21- television [21- top [4] - 37:11, uses [6] - 6:9, 11:21, 11:22, 44:21, 74:20 20:20, 25:5 52:8, 83:10, ultimately ill- 10:12, 10:15, 12:10,12:11, suggest [1] - temporary 131- 83:12 27:6 10:20, 64:14, 38:8, 80:15 10:17 80:13, 80:21, total [21 34:20, unbelievable (1] 66:17 stormwater[1o] suggesting [1] - 81:6 70:12 - 24'1 utilized [1] - - 33:16, 33:22, 66:17 ten 121- 78:14, uncommon [1] - 46:18 touch (1] - 10:11 38:16, 39:1, suggestion [1] - 79:9 tough [11- 78:23 66:15 utilizing I1] - 57:18, 67:18, 12:7 ten -day i11- towards [2] - under 113] - 7:6, 38:20 70:24, 83:11, suggests [1] - 78:14 8:1, 36:3 7:9, 7:14, 8:16, 17:8, 19:10, 26:8, 83:12 64:22 ten -inch (1] - V trades [1] - 20:5 story 11] - suit (2] - 84:13, 79:9 41:22, 49:15, rY traff ic (a] - 11:5, 55:15, 79:5, 17:22, 20:14, 84:14 tend (1] - 50:19 11:7, 11:9, 11:20 test [1] - 19:6 84:19, 84:21 vacant (1] 20:15, 23:18, suitability [1] - tra11 [2] - 8:2, 8:3 underneath (1] - 13:11 24:17, 24:18, 10:15 testimony [2] - Trails 111- 22:20 24:20, 25:3, 25:7, sum [11- 26:12 59:14, 85:1 transcribed [1] - 37:24 VALERIE [1] - understood z 2:2 79:12, 82:9 Sunday (1] - Texas 11] - 22:9 3:4 straight 121 - 25:4 l ] - theirs 111 - 79:5 63:9, 66:13 value [2] - 12:22, transcript (z] - unfortunate (1] - 14:2 33:4, 33:6 Super z - themselves [4] - 84:9, 84:18 p [ 1 Street [4] - 3:13, 20:22, 20:24 11:13, 23:3, 76:22 values 11] - 36:18, 36:21 Travis (a) - UNIDENTIFIED 12:19 _ 3:20, 41:1, 45:2 supplement [a] - 26:15, 36:17, street (a] - 5:1, 38:9, 38:15, 39:1, theory 111- 57:1 (1] - 43:22 Van [131 - 3:13, 62:12, 68:10 3:24, 29:7, 32:21, 5:2, 23:22, 29:10 83:9 thereof 121- unique [11- 8:24 84:15,84:18 Treasurer Ill- unit [3) - 3:10, 33:1,33:2,33:7, streets [1] - 60:2 supply 11] - 76:4 2:15 31:2, 36:16 39:14, 40:24, stretching [1] - support [11- they've [3] trees [21- 39:11, 7:19 24:10 21:24, 31:16, UNITED [1] - 1:8 41:22, 43:6, 45:2, 42:17 United [a] - 2:20, 60:13 stripped [11- supported I1] - 33:20 trend 11] - 13:16 van 1 - 32:22 76:24 23 :2 think's [1 ] - 68:5 3:7, 3:8, 73:13 ( 1 tried (1] - 8:13 units (�] - 30:24, Vancouver (1] - stuck [1] - 42:2 supposed [zi - thoughts (1] - true [5] - 47:3, 17:10 students (1] - 36:3, 38:2 26:17 41:6, 41:7, 52:12, 62:7, 80:6, 83:1, various (1] - 31:12, 38:12, 63:13 9:11 surface [2] - three 19] - 24:11, 84:8 53:20, 56:7, 8 va va studies 11] - 43:13, 58:13 try (21- 16:2, unnamed 11] - Vegas [4] - 11:7 suspect [1] - 59:1, 71:2, 72:15, 24:2 17:11, 21:10, stud [1] - 28:14 67:21 72:22, 73:2, 74:5 41:17 Y trying (6] - 9:18, unstable (2] - 21:14 stuff [61- 14:13, sustained [1] - three -car (1] 13:6, 15:13, 41:9, etables (1] 58:7, 82:9 - 15:12, 26:7, 31:13 59:1 46:1, 46:3 ve 9 u 34:22, 75:13, SUTCLIFF [7] - three -year [1] - turn [31- 16:22, p [431 - 6:4, 6:8, 37:9 79:9 2:7, 76:21, 78:1, 24:11 25:23, 26:21 14:9, 15:12, vegetation (5] - Depo•Court Reporting Service (630) 983 -0030 98 39:21, 80:7, 81:4, 30:14, 30:22, 17:23 55:22, 64:15, 81:15, 81:18 31:5, 31:8, 31:10, wooded [1] - 65:5, 67:7, 71:15, vehicles [1] - 31:14, 31:15, 42:18 71:16 63:14 31:17, 31:24, Woodlands [z] - vengeance [11- 32:3, 32:16, 22:18, 22:19 15:23 32:19, 33:9, word [21- 43:21, verification [1] - 33:24, 34:1, 37:4, 82 :7 46:19 37:10, 37:12, words [z] - versus [1] - 38:2, 38:8, 41:14, 24:14, 55:17 58 :21 41:16, 43:6, works [1] - 16:2 views 111 - 82:16 43:12, 43:13, world [3] - villa [21- 6:10, 45:13, 50:23, 15:20,19:11, 30:8 57:4, 58:3, 59:7, 73:12 villas [51- 9:2, 59:8, 60:20, written [11- 60:22, 61:22, 36:2, 48:12, 82:4, 69:21 82:12 72:19, 72:20, WYWROT [131 - vision [5] - 73:6, 73:21, 32:12, 32:20, 66:16, 66:22, 73:24, 74:4, 74:8, 32:22, 33:1, 68:10,68:11, 77:1, 77:10, 33:11, 33:15, 68:12 77:11 33:22, 34:7, 44:8, visit [11- 45:14 ways [11- 10:2 45:9, 45:21, 46:4, VITOSH [11- weather [1] - 62:9 1:16 14:10 Vitosh 121- 84:3, week [31- 23:12, y 85:6 23:23, 31:12 vote [61- 28:1, weeks 11] - 58:9, 62:14, 31:23 yard 111- 33:5 62:21, 63:7, WERDERICH [3] year [z] - 23:17, 82:17 - 2:8,62:11, 24:11 voting [1] - 63:24 years [121- 4:4, 50:10 West [1] - 17:14 9:24,13:19, west - 8:5 15:15, 31:11, z [1 W 38:13 61:11, 72:15, Westhaven pi - 72:22, 73:2, 73:6, 20:1 73:22, 74:5 yellow 1 - wait - 24:4 [ ] f ] whereof [11- y waiting [z1- 85:1 73:22 - ! 24:2, 80:20 WHEREUPON York 111 - 25:3 walk [z] - 16:1, f1] - 3.2 YORKVILLE f11 23:22 white p] - 14:21 - 1:8 walked [1] - whole [21- 12:9, Yorkville [101 - 42:22 22:13 1:18, 2:21, 3:7, walking [11- WILLIAM [1] - 3:9,3:13, 5:13, 25:21 2:15 6:1, 7:12,13:21, WALLY 11] - 2:8 willing [41- 29:20 warehouse [1] - 52:7, 53:4, 53:17, Yorkville's [1] - 76:4 61:1 9:6 washed [21- win [11- 20:21 yourself 11] - 37:20, 44:18 Windett[1] - 29:3 washing [11- 71:1 31:24 wipe [21- 31:21, Z Washington [1] 33:14 - 17:10 wish [21- 46:9, zero [1] - 58:24 watched f1] - 72:2 zoned [51- 4:14, 32:18 Withers [11- Water f1] - 3:20 41:7, 54:6, 54:12, 25:1 67:3 water [541 - witnessed f1] - zoning [151- 11:21,12:10, 48:23 6:18, 7:6, 7:13, 12:11,18:13, won [11- 20:21 7 :15, 10:6, 10:13, 19:19,30:12, wondering [1] - 13:22, 54:4, De o•Court Reporting Service 630 P P g ( ) 983 -0030 F, 1 -20 -c1 Memorandum J i EST , 1 � 1836 To: City Council _ From: Susan Mika, Finance Director o I�� p CC: Mayor Burd; Brendan McLaughlin, City Administrator �a p Date: October 13, 2009 `E ; Subject: Bill List Questions Listed below are the responses to questions from the October 13, 2009 bill list: 1. Can you please tell me what the community relations banner under Action Graphix page 1 was for? Response: This banner was for the Share & Care Recycling Day. 2. Under Valerie Burd page 6 - Can you please confirm that we paid mileage and parking for the mayor at the recent IML conference. Did any of the alderman or other city employees get their mileage or parking reimbursed? Response: The Mayor's expenses were for mileage, parking and meals for the recent IML conference. Alderwoman Spears and Teeling have reimbursements pending on the October 27, 2009 bill list. 3. Under Fox Valley Trophy and awards page 14 - Can you please explain what the plastic signs were for? Response: These were for name plates for the Zoning Board. 4. Under JM Heap and Assoc. Page 20- Can you please explain the $4,500 cost for the old court house? Response: This was for a Fee proposal for preparing a market value appraisal. $3,000.00 was for the findings communicated in a Summary report and $1,500.00 for Appraisal review fee. This is reimbursable by IDOT for the Route 47 project. 5. Under Robyn Sutcliff travel, meals, and lodging page 31 - Can you please detail what Robyn's function was at this event as it relates to City business? Response: This was for the Aurora Tourism Meetings she attended as she is the liaison. If you have any questions or concerns, please do not hesitate to contact me. I i i The Illinois State Statutes requires a mayor of a municipality to give the City Council updates on the state of the City from "time to time." After reading some of the recent letters to the editor in our local newspaper, and hearing some of the rumors circulating around Yorkville last week about the City's financial situation, I think this should be one of those times. The executive director of the Yorkville Economic Development Corp. Lynn Dubajic and I both received several calls last week from people who had been told that I was calling a special meeting to announce that the City of Yorkville is bankrupt. Let me make it perfectly clear - -This rumor is totally false. I repeat. This rumor is false. The United City of Yorkville is not bankrupt. In fact we are not even in the red. We are not currently in deficit. We are not behind in our bill payments. Many municipalities are in such dire financial straits. We are not. While I wish we had a large fund balance of available cash to fall back on, we are currently meeting 100% of our financial obligations, and we will continue to do so. Other rumors that are circulating — that Target and Kohls are closing — are also false. We should all realize that whoever began these false rumors is no friend to our city. This type of negativity actually is specifically designed to hurt the credibility and standing of the United City of Yorkville, and of my administration. It's designed to make investors, and there are major investors currently looking at coming to Yorkville, think twice about putting their money into a project here. We all need to fight this type of negativity; we need to clip it in the bud, because in these times of economic slowdowns, we can't let false rumors and innuendos get in the way of our economic recovery. If anyone passes on such a rumor to you, please tell them they are mistaken. Ask them to call the City and check the facts. Any resident can request a copy of our financial statements. Everything is accessible. We are not bankrupt. What we are doing right now is looking to the future, to the end of our fiscal year next April. Our Finance Director, Susan Mika, has been keeping a close eye on the revenues coming in to our City and she is projecting the possibility that we may end up the year with a deficit of $550,000 if we don't make adjustments now. We are very aware of the weak economy. We expected that the downturn could continue. The layoffs at Caterpillar and other companies has resulted in a 12.1 % unemployment rate for Kendall County, higher than the state average of around 10 %. This means that our residents have less money to spend at Yorkville stores and this translates into deceased sales tax revenues. To date, the state has only sent us three months worth of these revenues — t u pre t they are 3 0 tyAUeu-�., From what we have received so far, we project that we may receive a total of $2.5 million for the year — about $100,000 less than our current budget is showing. We also know that Raging Waves Water Park had a cold and rainy summer to contend with, and ended up producing less than they expected — resulting in $200,000 less in amusement tax coming in to the City. I have discussed the probable deficit with our department heads. They have already cut several million dollars from their budgets over the past two years. That is a fact that can be documented. They are continuing to hold the line on spending for non - essentials. In addition, we have instituted a hiring freeze. We have cut benefits. I have cut contractual workers and I have let go other employees. I don't think we have been timid in addressing the financial situation. But more cuts are needed. To determine where those cuts should be made, I am asking both the staff and aldermen on the city's Administration Committee to come up with suggestions on how we can best address the projected shortfall of revenues. What we need are solid suggestions. Comments about "luxury items" and "fluff' are not productive and don't solve the problem. We need to work together to do what is best for the city. I don't think we should attack any suggestions. We should evaluate them all and see if they will work. � At the recent Illinois Municipal League sessions on budgeting in tough economic times, which some of us attended, they discussed the need to look for other revenue sources that would not impact our taxpayers before we cut services. Finance Director Mika has brought in an additional $60,000 this year by renegotiating administrative fees for work done for the Yorkville Bristol Sanitary District, and that will already reduce the possible deficit. Oswego has initiated an administrative towing fee of $500 for people who's cars are towed because of illegal activities. Oswego projects this fee will bring their municipality an additional $200,000 in revenues. I am suggesting that we institute such a fee in Yorkville. A member of our Engineering staff, i Jennifer Woodrick, has recently identified $400,000 in fees owed to us by the Yorkville Bristol Sanitary District. The staff is continuing to investigate to determine what other outstanding fees are owed to the City, and work to collect them. Now, to address the $1.2 million of bad debt in our revenue fund balance. In 2007, when I became mayor, the City did not have a bad debt policy. The City continued to carry forward from year to year all money that was owed, no matter how long it had been outstanding. In July of 2008 Finance Director Mika asked the City Council to pass a Bad Debt Policy that would require any such money owed to the City for longer than 12, months be written off of our current accounts as a receivable. The Council complied, and we immediately wrote off $500,000 that was owed to us by Ocean Atlantic for the Raymond Outfall construction project. Here I'd like to add that the city had paid out the $500,000 in 2006 right out of our general fund for that part of the Raymond Outfall that was needed to hold storm water for the Raging Waves Water Park. So part of the Outfall has been built and the money was expended. The City was never repaid for the money that was spent. What we neglected to do was write off the rest of the money outstanding from 2003 -2006 which adds up to $437,147.95, almost all of it owed by developers who failed to pay their fees. From 2007 there was another $538,047.28. Out of this last amount, almost $195,000 was directly related to the landfill siting hearing and the appeal and the rest once again owed by developers. This year, we should have written off another $291,716.78, and out of this amount another $191,000 was to fight the appeal. All of these figures just recently were compiled by the City's Community Development Department and handed over to the Finance Department, so it has only been recently that we've gotten a clear idea of what work was done, and what fees haven't been paid. That problem of accounting is being addressed and the two departments will work more closely on making sure that we keep better tract of deposits before any work is ordered to be completed by outside engineering review firms. The City policy is now, and has been, that developers must pay their fees up front. That was the direction given by the City Council to the last administration, and it holds true today. Neither the aldermen nor I expect developers to be given a free ride at taxpayers' expense. But out of this $1.2 million, we find that almost $400,000, or one -third of the total amount, is money directly attributable to fighting the landfill appeal. Since 2007 when the City Council made its decision to vote against siting the landfill, this administration and the residents of Yorkville have had to shoulder the majority of the burden, financially and strategically, of _ upholding the City Council's decision. For 2 % years Fox Moraine LLC has dragged the appeal process on, filing numerous delaying motions that increased the cost of our legal defense. In addition to this $400,000, the City also has had to fight off Fox Moraine's efforts to de -annex from the City. Because of the annexation of additional property on the far southern side of the proposed landfill site after I became mayor in 2007, that request was denied by the local court, but Mr. Don Hammon is appealing that decision. He has also appealed the $50 ticket Fox Moraine was issued for rubbish on his land where he operates his farm composting. And his lawyers are fighting us in court to keep from paying $150,000 that was the cost for the last month of the first landfill hearing, something that our ordinance says he is obligated to pay. I think it is disingenuous of anyone to say that the City of Yorkville hasn't been hurt by this continuous drain on our finances in the middle of an economic downturn that is also draining our revenues. It doesn't take a mental giant to figure out that it would be very beneficial to Fox Moraine LLC if the United City of Yorkville did go bankrupt. A bankrupt city could not continue to vigorously pursue multiple defenses in court. We have lost more than $800,000 from our general fund over the past two years fighting this fight. If we only cared about fiscal responsibility, if fiscal responsibility was the determining factor for making our decision two years ago, then we should have sited this landfill. It would have brought $8 million in additional revenues to our City over the past two years — money enough to take the United City of Yorkville out of reach of this recession. Money enough to pave our streets, and begin the renovation of our downtown, money enough to keep our needed employees safe from layoffs. Money enough to let us increase city services, instead of having to cut them. But this City Council has never believed this fight was about money. For us, it has been about doing what is right for our community as a whole. As you all know, the City defeated the appeal before the Illinois Pollution Control Board. I would like to congratulate our legal team at Wildman Harrold for a job well -done, also the majority of the City Council which over the past two years has been unwavering in its support for fighting all the legal battles we have been dragged in to by Fox Moraine LLC. And I would also like to thank the Friends of Greater Yorkville, the Kendall County Board, and the Village of Plainfield for their support in defending against the appeal. We won this round. But the fight still goes on. i Now, as we continue to face revenue shortfalls, we as a City Council will have to take another long look at our finances and decide how we will deal with this legal drain on our resources. We will have to decide where we will make our newest and hopefully last cuts. We will have to find other sources of revenue. We will have to work with the Yorkville Economic Development Corp. to encourage good businesses to continue to locate here. We will have to be supportive of our current businesses and the Chamber to help protect the sale tax revenues that these businesses provide to us. We will have to rebuild our fund balance. It's a big task. But I am confident that next April our budget will be balanced. I would like to send this message to Fox Moraine LLC on behalf of the Council and resident of the United City of Yorkville — the City of Yorkville is not bankrupt. The rumors of our demise have been greatly exaggerated. We are still alive and kicking. We are still able to fight the fight. And we look forward to future victories.