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City Council Minutes 2025 08-26-25MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 651 PRAIRIE POINTE DRIVE ON TUESDAY, AUGUST _2.6, 2025 Mayor Purcell called the meeting to order at 7:05 p.m. and led the Council in the Pledge of Allegiance. ROM, CALL City Clerk Behland called the roll. Ward I Ward lI Ward III Ward IV Koch Transier Plocher Soling Funkhouser Marek Corneils Hyett Present Present Present Present Present Present Present Present (electronic attendance) (electronic attendance) Staff in attendance at City Hall: City Administrator Olson, City Clerk Behland, Chief Jensen, Attorney Orr, Public Works Director Dhuse, Community Development Director Barksdale -Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, Economic Development Coordinator Gregory, Economic Development Director Dubajic Kellogg, and EEI Engineer Sanderson. Members of the public were able to attend this meeting in person as well as being able to access the meeting remotely via Zoom which allowed for video, audio, and telephonic participation. A meeting notice was posted on the City's website on the agenda, minutes, and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: ht s://us02web.zoom.us/j/82400525015? wd=b kn4vtSmB 9 b3JaP'juLU9VIn I£1. The Zoom meeting ID was 824 0052 5015. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Mayor Purcell shared that all public comments would be taken during the first citizen comments section on the agenda, and there will be no public comments at the end of the meeting. PRESENTATIONS Lifesaving Award — Officer Tim Kolowski, Bristol Kendall Fireman Kaleb Dhuse, and Civilian .lames Stepien Commander McMahon awarded Officer Tim Kolowski, Bristol Kendall Fireman Kaleb Dhuse, and Civilian James Stepien with the Police Department's Lifesaving Award. He reported to the Council that on June 16th, at the River Front boat launch, a man went into cardiac arrest, and Mr. Stepien called 911. Firefighter Dhuse was nearby and quickly started chest compressions. Officer Kolowski immediately began using the AED device upon arrival. Everyone was in the right place at the right time and worked together. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS John Joyce, a resident of Autumn Creek, expressed his opposition to the use of fossil fuel generators at the proposed data center, citing health concerns and heat impacts, and comparing it to Memphis data centers that mainly run-on generators. He also opposed the public camping ordinance, describing it as vague and punitive toward unhoused residents and truckers. Gil Rios, a resident of Galena and Beecher Road, expressed concern about three new entrances to the Cardinal Data Center from Galena Road and plans to widen the road to three lanes, which would affect family properties. He urged the City to realign East Beecher Road for safer traffic flow and to prevent disrupting residents. The Minutes of the Rc2ular Meetintj of the Citv Council — Auaust 26, 2025 — Page_2 of 6 Allison Metz thanked John Joyce for sharing his perspective on homelessness. She said she strongly opposed the camping ordinance, describing it as unethical, potentially illegal, and passed without consultation with service agencies. Caroline McCree shared experiences helping a homeless resident for three years. Criticized the lack of communication about available resources in Kendall County and called for outreach efforts to meet people where they are. Laura Baker, AID President/CEO, highlighted AID's presence in Yorkville with a mobile crisis response team and resources like the national 988 crisis line. She encouraged partnerships with the City and urged against criminalizing homelessness. Alyssa Morero, AID, Mobile Response Director, provided a 24-hour crisis line (630-966-4357) and emphasized the need for increased community awareness of available resources and services. Jennifer King opposed the ordinance, arguing it forces police to enforce poverty instead of addressing its root causes. She called for its repeal and urged the Council to focus on job creation and hold developers accountable. Brad Chamberlin expressed concerns about the lack of transparency in passing the ordinance with only 48 hours' notice. He encouraged shifting the focus from punishment to understanding why homelessness exists and developing long-term solutions. Anne Engelhardt, former Kendall Co. PADS Executive Director, discussed the complexities of homelessness and warned that the ordinance could lead to profiling and dehumanizing residents. She recommended forming a community team of professionals and citizens to improve resources and urged the repeal of the ordinance. (see attached for additional written comment from Anne Engelhardt) Rev. Elizabeth Hartung said she opposed the ordinance, calling it a moral issue. She encouraged honoring the dignity of all residents and finding housing solutions. Emma shared her own camping experience to emphasize the difficulty of living outdoors. She criticized the Council for rushing the ordinance with minimal discussion and outreach. Ashley Heinekamp urged careful consideration in future decisions, emphasizing the importance of how a community treats its most vulnerable members. Attorney Bernie Weiler submitted photos of other data centers to illustrate the visual impacts on nearby neighborhoods. He also urged the City to protect residents and ensure that solutions for those in poverty are accessible. (see attached photos) John Bryan raised concerns about data center traffic, construction noise, and the lack of notice regarding both the camping ordinance and data centers. He questioned the rezoning from residential to industrial and the potential long-term tax benefits. Cecilia spoke about efforts to help unhoused residents in Yorkville, mentioning that one person hadn't been offered assistance in over a year. She was asked how enforcement of the ordinance would include connecting people to resources. Alicia Castillo shared her personal experience with poverty and opposed data center siting and the ordinance process. She suggested compromise amendments such as reducing fines and requiring crisis intervention training. Patrick Fish, Pastor in Kendall County, criticized the process of passing the ordinance without committee review or input from service providers. Called for its repeal to prevent legal challenges. Annie Fish (Zoom comment) -- Expressed disappointment that the ordinance was not listed as a formal agenda item. CONSENT AGENDA 1. Bill Payments for Approval S 2,207,802.13 (vendors) $ 448,435.48 (payroll period ending 08/15/25) $ 2,656,237.61 (total) 2. Treasurer's Report for July 2025 (ADM 2025-29) The Minutes of the Rellular Meeting of the City Council — August 26, 2025 — Page 3 of 6 Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Transier; seconded by Alderman Hyett. Motion approved by a roll call vote. Ayes-7 Nays-0 Absent-1 Koch -aye, Funkhouser-aye, Corneils-aye, Transier-aye, Soling -aye, Marek-aye, Hyett-aye REPORTS MAYOR'S REPORT Yorkville Hometown Days Festival Parks and Recreation Director Evans shared that Thursday, August 28th, marks the start of the Yorkville Hometown Days Festival with the Senior Services Associates BBQ fundraiser and the Yorkville Big Band. Friday will feature the Taylor Swift takeover. He also mentioned that the carnival and air dogs will return for the festival. Citizen Comments on Public Camping Ordinance Mayor Purcell thanked everyone who spoke during citizen comments this evening. He informed the public that the decision to put this ordinance on the agenda at the last meeting was his own, not the Councils. He noted that many great ideas and services the City will discuss may lead to bringing this back for a future vote or for possible changes. He also mentioned that he liked the idea of forming a community group to discuss this topic on a more regular basis. Resolution 2025-91 Approving a Change Order Related to the 2024 Water Main Improvements — Contract A Project (Change Order No. I — Final Balancing) (CC 2025-59) Mayor Purcell entertained a motion to approve a Resolution Approving a Change Order Related to the 2024 Water Main Improvements — Contract A Project (Change Order No. 1 — Final Balancing) and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Funkhouser-aye, Corneils-aye, Transier-aye, Soling -aye, Marek-aye, Hyett-aye, Koch -aye Resolution 2025-92 Approving a Change Order Relating to the YBSD Water Main Extension Project (Change Order No. 1 — Final Balancing) (CC 2025-60) Mayor Purcell entertained a motion to approve a Resolution Approving a Change Order Relating to the YBSD Water Main Extension Project (Change Order No. 1 Final Balancing) and authorize the Mayor and City Clerk to execute. So moved by Alderman Soling; seconded by Alderman Transier. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Corneils-aye, Transier-aye, Soling -aye, Marek-aye, Hyett-aye, Koch -aye, Plocher-aye Resolution 2025-93 Approving a Bid to Conduct Certain Water Main Improvements within the City (East Alley Water Main Improvements) (CC 2025-61) Mayor Purcell entertained a motion to approve a Resolution Approving a Bid to Conduct Certain Water Main Improvements within the City (East Alley Water Main Improvements) and authorize the Mayor and City Clerk to execute. So moved by Alderman Hyett; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Corneils-aye, Transier-aye, Soling -aye, Marek-aye, Hyett -aye, Koch -aye, Plocher-aye, Funkhouser-ayc The Minutes of the ReYular Meeting of the City Council — August 26 2025 Page 4 of b Resolution 2025-94 Approving an Engineering Agreement with Engineering Enterprises, Inc. (East Alley Water Main Replacement) (CC 2025-62) Mayor Purcell entertained a motion to approve a Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (East Alley Water Main Replacement) and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Transier-aye, Soling -aye, Marek-aye, Hyett-aye, Koch -aye, Plocher-aye, Funkhouser-aye, Corneils-aye Resolution 2025-95 Approving the Release of a Performance Guarantee Bond Related to Grande Reserve Unit 4 (CC 2025-63) Mayor Purcell entertained a motion to approve a Resolution Approving the Release of a Performance Guarantee Bond Related to Grande Reserve Unit 4 and authorize the Mayor and City Clerk to execute. So moved by Alderman Soling; seconded by Alderman Transier. Motion approved by a roll call vote. Ayes-8 Nays-0 Soling -aye, Marek-aye, Hyett-aye, Koch -aye, Plocher-aye, Funkhouser-aye, Corneils-aye, Transier-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2025-59 Authorizing the Sixth Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2024 and Ending on April 30, 2025 (Downtown TIF 11) (ADM 2025-33) Alderman Corneils made a motion to approve an Ordinance Authorizing the Sixth Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2024 and Ending on April 30, 2025 (Downtown TIF II) and authorize the Mayor and City Clerk to execute; seconded by Alderman Marek. Motion approved by a roll tail vote. Ayes-8 Nays-0 Marek-aye, Hyett-aye, Koch -aye, Plocher-aye, Funkhouser-aye, Corneils-aye, Transier-aye, Soling -aye PARK BOARD No report. The Minutes of the Regular Mcetin2 of the City Council — Au ust 26 2025 — Page 5 of 6 PLANNING AND ZONING COMMISSION (cont'd) Project Steel — Prologis (Data Center) — Discussion (PZC 2025-07 & EDC 2025-59) a. Ordinance Approving a Planned Unit Development Agreement with Prologis L.P. (Project Steel) b. Ordinance Authorizing the Execution of an Annexation Agreement for Certain Territory Located Generally South of Galena Road, East of Eldamain Road, and West of North Bridge Street (Project Steel) c. Ordinance Approving the Rezoning to the M-2 General Manufacturing Zoning District of Certain Territory Located Generally South of Galena Road, East of Eldamain Road, and West of North Bridge Street (State Route 47) (Project Steel) d. Ordinance Annexing Certain Territory Located Generally South of Galena Road, East of Eldamain Road, and West of North Bridge Street to the United City of Yorkville (Project Steel) Mayor Purcell shared that there is no scheduled presentation on the sound study this evening. They will be ready soon and open for comments and discussion. Project Cardinal - Pioneer (Data Center) — Discussion (PZC 2025-08 & EDC 2025-50) e. Ordinance Approving a Planned Unit Development Agreement with Pioneer Development, LLC (Project Cardinal) f. Ordinance Authorizing the Execution of an Annexation Agreement for Certain Territory Located at the Southwest Corner of Baseline Road and North Bridge Street (Project Cardinal) g. Ordinance Approving the Rezoning to the M-2 General Manufacturing Zoning District of Certain Territory Located at the Southwest Corner of Baseline Road and North Bridge Street (State Route 47) (Project Cardinal) h. Ordinance Annexing Certain Territory Located at the Southwest Corner of Baseline Road and North Bridge Street to the United City of Yorkville (Project Cardinal) No discussion took place at the meeting. CITY COUNCll. REPORT No report. CITY CLERK'S REPORT No report. COMMUNITY & LIAISON REPORT No report. STAFF REPORT No report. MAYOR'S REPORT (cont'd) Public Works and Parks Department Facility Update (CC 2025-08) City Administrator Olson shared that the final panels are in, the flooring for the mezzanine is in, and they are working on the steel trusses. Lake Michigan Water Project Update (CC 2025-09) No report. The Minutes of the Regular MeetinIZ of the City Council — August 26 2025 — Page b of b ADDITIONAL BUSINESS No reports. EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Corneils; seconded by .Alderman Hyett. Motion unanimously approved by a viva vote vote. Meeting adjourned at 8:59 p.m. Minutes submitted by: Jori bland, City Clerk, City of Yorkville, Illinois Monica Cisija Subject: FW: Written Comment - 8/26 City Council Meeting From: Elizabeth Bowman Sent: Friday, August 15, 2025 8:04:05 PM To: Jori Behland <IBehland@vorkville.il.us> Subject: Written Comment - 8/26 City Council Meeting In 2017, my abusive partner kicked me out and I was homeless for three weeks. I had no showers. I stole a loaf of bread and carton of fruit juice one week: it was all I got to eat. He kept my dog from me. Today, I am about to buy my first house. I will never forget the dehumanization and silent lonely terror. Help people out: beds, food, shelter, dignity, therapy, medical care, let them keep their pets. It could happen to anyone — abuse, mental illness, addiction. It could be your child. Elizabeth Bowman Monica Cisija Subject: FW: Homeless issues From: Chris Clampitt Sent: Saturday, August 16, 2025 10:53:46 AM To: Jori Behland <IBehland@yorkville.il.us> Subject: Homeless issues Hello I want to thank you for paying attention to the concerns of the local citizens regarding the recent decision on the homeless issue in Yorkville. I don't live in Yorkville but I come to Yorkville very often in fact most of my shopping is done in Yorkville and I have friends from Yorkville. My concern is that your decision creates a problem rather than attempts to heal a situation. People are homeless for many reasons including loss of job, divorce, loss of resources, drug abuse, mental health issues ETC. Many are veterans. The people that are homeless are not "less than" but rather a part of our community that doesn't know how to get their resources or doesn't have the support behind them and the confidence in order to achieve their best self. Lack of money should never be a crime and it's up to the people that make the decisions to come up with better solutions. I reach out to Yorkville decision makers to be the true leader in this situation. Brainstorm ideas and solutions. Be a role model and blueprint for other cities to pattern their policies after. Form a council, create homes in empty buildings, offer more than a food pantry, offer meals, offer transportation, offer job assistance, offer mentoring, offer your hand in assistance. People are concerned about their fellow man but they have no way of reaching out, so my suggestion is for you to set a precedent be the role model and teach people how to extend a hand and greet the part of the community that needs your help with as much assistance as you can offer them. I truly believe that with help, many in the homeless community can become contributing members as they rebound and get some assistance. Thank you so much for reading my message and if you need someone to be on a committee that doesn't reside within the city limits please reach out to me and I will be happy to accept that position. Wishing you all the best, Chris Clampitt Monica Cisija Subject: FW: Wish to speak 8/26 From: John Joyce > Sent: Saturday, August 16, 2025 1:02:43 PM To: Jori Behland <IBehland@yorkville.il.us> Subject: Wish to speak 8/26 My name is John Joyce. I am a resident of Yorkville in Autumn Creek subdivision. I would like to speak at the 8/26 council meeting on the topic of the recently passed "public camping" ordinance. Please let me know if any other info is needed. Thank you John Joyce Get Outlook for iOS Monica Cisija Subject: WRITTEN COMMENTS - regarding Ordinance 2025-57 From: Anne Engelhardt (she/ her) Sent: Monday, August 25, 2025 2:34 AM To: Jon Behland <iBehland(alvorkville.il.us> Cc: Anne Engelhardt Subject: WRITTEN COMMENTS - regarding Ordinance 2025-57 Written Comments from Anne Engelhardt Comments on agenda item from previous meeting City Council Meeting August 12, 2025 Agenda Item: Mayor's Report CC 2025-58 Ordinance Regulating Public Camping within Corporate Boundaries and Other Actions in Connection Therewith NOTE: The written comments exceed the ward limitfor stated comments at the meeting. Ihave condensed my spoken comments to under 500 words which I will present in person at the meeting on August 26, 2025 WRTITEN COMMENTS -Below (Also as a PDF attachmmt.) Anne Engelhardt, resident of Yorkville for 47 years. . 1 served as Kendall County PADS, Executive Director. PADS in a welcoming environment, provided safe shelter, nutritious meals, and other kinds of assistance to people living in homelessness. PADS was a not -for -profit organization staffed completely by volunteers, nearly 500 people each year from October -April PADS operated in Kendall County from October 2010 - March 2020, when the pandemic brought many restrictions. The WAY that Ordinance 2025-57 was voted on is disturbing to me. Prior to voting on the ordinance: 1. News media reported that there was little/ no discussion at the meeting. What information did each of the aldermen have before making their decision and casting their vote? How, when and where did they get this information? Was there a special meeting to discuss the ordinance? Were there conversations prior to and outside of the public meeting? 2. Before supporting an ordinance of this magnitude, did you seek input and ideas from the community organizations, professional agencies, faith leaders, social workers, citizens, or law enforcement agencies? These are my observations based on the meeting minutes and subsequent inquiries ... a. It appears that you did not have a conversation with KCHD Community Action or the Executive Director to talk about this idea which became a law. b There is no mention of you having meaningful conversations for input on this ordinance from the Yorkville police department or Sheriff's office. c. You did not seek input or ideas from people in community who currently work with (or have previously had experience working with) the homeless population. d. You did not seek input from faith leaders and other community leaders. 3. How DID you determine this ordinance was the best way to address the issues that accompany people living without a permanent residence? 4. Were there discussions and deliberations about alternative solutions? What were those alternatives? If so, why were the other ideas rejected? 5. What was the 12-page ordinance based on? 6. Very importantly — Where is the data -supported, evidence -based research for this approach? Size of group of homeless people that seemed to be disproportionate to the broad reach of this ordinance. How many different individuals are behaving in unacceptable or illegal ways? What is the number of homeless people who have received interventions and appropriate assistance in the past year? How many reports did you receive about these specific individuals? Did you discuss the reports of the issues with Yorkville Police? It looks like to me that a law was put into place due to a small number of individuals and perhaps a small number of incidents. This seems to be a swift and broad reaction rather than thoughtful deliberation and discernment of a humanitarian problem. Intention of the ordinance What is the intention of the ordinance? How will it be enforced? What is the expected outcome? Is it a bandaid or quick fix? Does the ordinance have inherent components to actually examine the homeless situation locally - the causes and and more lasting solutions? Understanding the conditions of homelessness The ordinance 2025-57 voted on two weeks ago shows no understanding of the conditions and needs of unhoused people. People living in homeless have many reasons for their situations. Many live with mental illness, brain injuries, PTSD, substance abuse, and social disorders. Some have little or no employment. Or the job they had was not enough to pay rent, utilities, transportation, food and even other thing needed for basic living. Crimes against people or property If ANY person (with OR without a home) behaves in a way that is harmful to people or public property, there are laws to address these offenses. Each offense, SHOULD be dealt with according to the laws in place for the specific offense/ crime -- regardless of the person's status of living in a residency or living without a permanent place to stay. HOWEVER, Is it a crime to sleep in a vehicle? Could the person be sleeping there because they are a truck driver and need or re required to sleep before another long segment? Could it be a commuter? Could it be a person leaving a bar having had too much to drink, and made a decision to wait in their vehicle for awhile before driving and then fell asleep? If a person is sleeping in a vehicle, does a police officer need to know if that person is homeless or if they have a permanent address? Is sleeping in a vehicle harming themselves or anyone else? Is it a crime to sleep in a public place, for on a bench or chair? Is that harmful to self or to anyone else? Is that person living with or without a permanent address? Is that actually a necessary piece of information? Based on this ordinance, the consequences of being homeless will be severe. Is a homeless person able to pay fines of $75 to $750? At what point will a homeless person be put in jail? Will KC jail accept these individuals? For how many days? What kinds of assistance will the individual receive while in jail? In what ways will the behavior be changed? What will happen to these individuals once they are released from jail? (Repeat, repeat, repeat - into a never-ending downward spiral). What evidence -based, data -driven information did you have to justify this method of handling homeless people? How well do you know what procedures are currently being used to address the needs of unhoused people? Kendall County Health Department staff works with Continuum of Care, serving Kendall, Will, and Grundy counties. They use a well -developed Homeless Response System. The System Map includes Prevention, Interventions, and a Coordinated Entry System. (HANDOUT) In addition, nearly 85% of he Yorkville Police Patrol Officers are certified in Crisis Intervention, which includes working with unhoused individuals. My biggest fear if this new law is used it will become a means of profiling: Profiling is to observe, record, or analyze a person's psychological and behavioral characteristics, so as to assess or predict their capabilities in a certain sphere or to assist in identifying a particular subgroup of people. Does this ordinance address only the unacceptable or unlawful Behavior, or does it Target a specific group of people? Targeting, singling out a specific group of people, makes them the "other." The "other" become scapegoats for bigger underlying issues and problems. The "other" can easily become dehumanized, making it easier to fine and jail them, rather than providing them with the kinds of help they actually need. My best hope is that Yorkville will be a community with compassion and seeks sustainable solutions for the most marginalized people amongst us. The 39th President of the United States said ,"The measure of a society is found in how they treat their weakest and most helpless citizens." How do we treat the the weakest and most marginalized people in our Yorkville community? Does ordinance 2025- 57 reflect who we are as a community? Is this law really necessary? i1 I recommend that you support the trained and certified professionals in our community, using their understanding, skills, and compassion as they respond to the needs of unhoused people. I recommend that you support a team of community experts and interested citizens to research and discern what else we can do as a community to care for unhoused individuals. I respectfully ask that Ordinance 2025-57 be repealed. Thank you. Anne Engelhardt Monica Cisija Subject: Homelessness From: kelly plocher Sent: Tuesday, August 26, 2025 8:22:24 PM To: Bart Olson <BOlson@vorkville.il.us> Subject: Homelessness I would like to attend the Yorkville City Council meeting this week. However I along with several volunteers from our church, are serving the homeless at Hesed House in Aurora Tuesday night. I have been personally making breakfast for the 250 guests once a month for 5 years.Our church collects towels and personal care items , reading glasses, socks , and twin sheets for Hesed House. We started a little library there. I had finally put my feet where my mouth was complaining. I pray that others will also be moved to helpful action. I live near a park in Yorkville that had become a shelter for a homeless individual for several weeks. I also experienced property damage from another homeless person. I am glad the ordinance was passed. I pray that by doing this, Yorkville has started a conversation. Both individuals were asked if the would like assistance to a shelter. I was told by one individual he loved the way he lived. Chronic homelessness is a country problem. You can't force people to seek help, but they must abide by the same laws that govern us all. Bernard Weiler From: Bernard Weiler <bkw@mickeywilson.com> on behalf of Bernard Weiler Sent: Tuesday, August 26, 2025 6:12 PM To: Bernard Weileri Bernard K. Weiler Mickey, Wilson, Weiler, Renzi & Andersson, P.C. 140 S. Municipal Drive Sugar Grove. IL 60664 Office: (630)801-9699 Ext. 103 Cell: Fax: (6301801-9715 r IJ .s Tr NO- MW ` § _ fit. 4 •Alp kip a Al.