Plan Commission Minutes 2006 09-25-06 APPROVED BY THE
COMMITTEE/BOARD
UNITED CITY OF YORKVILLE ON:
PLAN COMMISSION
YORKVILLE MIDDLE SCHOOL
MONDAY, SEPTEMBER 25, 2006
Chairman Tom Lindblom called the meeting to order at 7:01 p.m. in the Council
Chambers at Yorkville City Hall.
ROLL CALL
Members present: Sandra Adams, Charles Kraupner, Brian Schillinger, Anne Lucietto,
Clarence Holdiman, and Tom Lindblom. Bill Davis arrived at the Yorkville Middle
School.
A quorum was established.
VISITORS
See attached sign -in sheet.
Lucietto made a motion to move the meeting to the Yorkville Middle School. Schillinger
seconded the motion. The motion was unanimously approved by voice vote.
After arriving at the middle school, Lindblom announced to the public that the issues
before the Plan Commission regarded annexation and zoning and not the landfill.
Lucietto made a motion to reconvene the meeting. Adams seconded the motion. The
motion was unanimously approved by voice vote.
PUBLIC HEARING
Lucietto made a motion to go to public hearing. Kraupner seconded the motion. The
motion was unanimously approved by voice vote.
Lindblom asked everyone who planned to speak during the public hearing to stand up and
take an oath. He then delivered the oath.
1. PC 2006 -61 Pat Smart, petitioner, has filed an application with the United City of
Yorkville, requesting a special use for a pre- kindergarten in a B -3 Service Business
District.
See attached.
Lucietto made a motion to recommend approval for a special use for a pre - kindergarten
as requested in PC 2006 -61. Adams seconded the motion. The motion was unanimously
approved in a roll call vote. Kraupner, Lucietto, Holdiman, Adams, Jones, Schillinger,
Davis and Lindblom voted yes.
2. PC 2006 -44 Neil, Beverly, and Craig Borneman, petitioners, have filed an application
with the United City of Yorkville requesting annexation and rezoning. The property
consists of 258 acres north and south of Route 71 and east of Highpoint Road.
See attached.
Lucietto made a motion to recommend approval for annexation as requested for PC 2006-
44. Adams seconded the motion. The motion was unanimously approved by roll call vote.
Lucietto, Holdiman, Adams, Jones, Schillinger, Davis, Kraupner and Lindblom voted
yes.
Lucietto then made a motion to recommend rezoning as requested for PC 2006 -44 subject
to staff comments and accepting the withdrawal of the special use. Adams seconded the
motion. The motion failed in a 4 -3 -1 vote. Holdiman, Adams, Jones and Lucietto voted
no. Schillinger, Kraupner and Lindblom voted yes. Davis voted present.
A. 8:05 p.m. Kraupner informed Chairman Lindblom that he had to leave.
3. PC2006 -71 North Star Trust Company, petitioner, has filed an application with the
United City of Yorkville requesting annexation and rezoning to B -3 Service Business
District. The real property consists of approximately 15.32 acres located on the south side
of Route 71 west of Highpoint Road.
See attached.
Lucietto made a motion to recommend annexation approval for PC 2006 -71 as requested.
Adams seconded the motion. The motion was unanimously approved by roll call vote.
Adams, Jones, Schillinger, Davis, Lucietto, Holdiman and Lindblom voted yes.
Lucietto then made a motion to recommend rezoning for PC 2006 -71 as requested subject
to staff comments. Adams seconded the motion. The motion was defeated in a 3 -4 vote.
Jones, Schillinger and Lindblom voted yes. Davis, Lucietto, Holdiman and Adams voted
no.
4. PC 2006 -45 Eric and Diane Schanze, petitioners, have filed an application with the
United City of Yorkville, requesting annexation and rezoning to M -1 Limited
Manufacturing District, B -3 Service Business District and R -2 One - Family Residence
District. The real property consists of approximately 80 acres located on Highpoint Road
and State Route 71.
See attached.
Lucietto made a motion to recommend annexation approval for PC 2006 -45 as requested.
Jones seconded the motion. The motion was unanimously approved in a roll call vote.
Jones, Schillinger, Davis, Lucietto, Holdiman, Adams and Lindblom voted yes.
Lucietto then moved to recommend rezoning of PC2006 -45 as requested subject to staff
comments. Adams seconded the motion. The motion was defeated in a 6 -1 vote.
Schillinger, Davis, Lucietto, Holdiman, Adams and Jones voted no. Lindblom voted yes.
5. PC 2006 -67 North Star Trust Company, petitioner, has filed an application with the
United City of Yorkville, requesting annexation and rezoning to A -1 Agricultural
District. The real property consists of approximately 759 acres located south of Route 71
and east and west of Sleep Hollow Road.
See attached.
Lucietto made a motion to recommend annexation approval of PC 2006 -67 as requested.
Holdiman seconded the motion. The motion was unanimously approved in a roll call
vote. Davis, Lucietto, Holdiman, Adams, Jones, Schillinger and Lindblom voted yes.
Lucietto then moved to recommend rezoning for PC 2006 -67 as requested. Adams
seconded the motion. The motion was defeated 5 -2 in a roll call vote. Lucietto,
Holdiman, Adams, Jones and Schillinger voted no. Davis and Lindblom voted yes.
Lucietto then made a motion to adjourn the public hearing. Davis seconded the motion.
The motion was unanimously approved by voice vote.
6. Driveway Regulations —for purposes of amending its Zoning Ordinance 10 -11 -3 "Off
Street Parking Regulations and Requirements."
Community Development Director Travis Miller said there are several issues regarding
the ordinance. The first regards driveway width. The current ordinance limits driveway
widths at the street to 25 feet wide. Under the proposed changes, the width remains at 25
feet. However, the maximum width can go to 30 feet, if setbacks limit the amount of off -
street parking area to less than enough distance to allow for double stacking in the
driveway.
The new ordinance also establishes separate regulations for residential uses and
commercial uses, he said. Commercial /non - residential driveway width would now be
based on traffic volume, he added.
The new ordinance also allows for front -yard parking in front of commercial businesses,
Miller said.
Lucietto asked if a resident with a commercial vehicle could leave it parked next to that
resident's house. Miller said it could be parked there, but not stored there.
She also asked if the regulations were based on a parking survey sent to the city's
residents. Miller said no.
Lighting also is addressed in the proposed new ordinance, Miller said. It would require a
"dark sky" concept with commercial developments. The dark sky concept requires
lighting to be reflected in such a way as to not be a nuisance.
Lucietto made a motion to approve the driveway regulation recommendations as
presented. Jones seconded the motion. The motion was unanimously approved by voice
vote. Holdiman, Adams, Jones, Schillinger, Davis, Lucietto and Lindblom voted yes.
Lucietto made a motion to adjourn the meeting. Adams seconded the motion. The motion
was unanimously approved by voice vote. The meeting adjourned at 10:15 p.m.
Minutes respectfully submitted by Dina Gipe
PLAN COMMISSION MEETING
UNITED CITY OF YORKVILLE, ILLINOIS
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REPORT OF PROCEEDINGS had at the meeting
of the above - entitled matter taken before
CHRISTINE M. VITOSH, C.S.R., on September 25,
2006, at the hour of 7:00 p.m., at 800 Game Farm
Road, in the City of Yorkville, Illinois.
D- 805006
REPO • COURT
reporting service
1212 South Naper Boulevard • Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153
www.depocourt.com
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1 P R E S E N T:
2 MR. TOM LINDBLOM, Chairman;T
3 MR. CLARENCE HOLDIMAN;
4 MS. SANDRA ADAMS;
5 MS. ANNE LUCIETTO;
6 MR. BILL DAVIS;
7 MR. CHARLES KRAUPNER;
8 MR. BRIAN SCHILLINGER;
9 MR. JACK JONES;
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10 MR. TRAVIS MILLER;
11 MS. DINA GIPS.
12 A P P E A R A N C E S:
13 MR. JOHN JUSTIN WYETH,
appeared on behalf of the United
14 City of Yorkville, Illinois.
15 MR. DERKE J. PRICE.
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1 CHAIRMAN LINDBLOM: And at this time
2 then I would entertain a motion from the members
3 to go to public hearing.
4 MS. LUCIETTO: So moved.
5 MR. KRAUPNER: Second.
6 CHAIRMAN LINDBLOM: Moved and
7 seconded. Is there further discussion on the
8 motion?
9 (No Response)
10 CHAIRMAN LINDBLOM: Hearing none,
11 those in favor signify by saying aye.
12 (A Chorus of Ayes)
13 CHAIRMAN LINDBLOM: Opposed?
14 (No Response)
15 CHAIRMAN LINDBLOM: Motion passes.
16 And at this time I would like to ask any members
17 of the audience that think that they are going to
18 have something to say before the Plan Commission
19 tonight to stand and raise your right hand and
20 take the following oath.
21 If you even think you're going
22 to have a question or have anything to say, just
23 go ahead and stand. If you have not been sworn
24 in, I cannot recognize you.
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1 (Witnesses sworn)
2 CHAIRMAN LINDBLOM: Item number one
3 is PC 2006 -61, Pat Smart, petitioner, has filed
4 an application with the United City of Yorkville
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5 Kendall County, Illinois, requesting a special
6 use in the United City of Yorkville for a
7 pre- kindergarten in a B -3 Service Business
8 District.
9 The real property consists of
10 approximately 1,258 square feet located at the
11 southwest corner of Route 34 and Sycamore Road,
12 Fox Hill Center, in Kendall County, Illinois.
13 And is there someone here for
14 the petitioner? Is that Pat?
15 MS. SMART: Yes, it is.
16 CHAIRMAN LINDBLOM: Pat, do you have
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17 any comments you wish to make before the Plan
18 Commission? If so, could you come over to the
19 microphone?
20 WHEREUPON:
21 PAT SMART,
22 having been first duly sworn, testified before
23 the Yorkville Plan Commission as follows:
24 MS. SMART: As you stated, I just --
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1 I am petitioning to get property use, special
2 use, for a pre -K, which will mean there are
3 children there four years of age, no more than
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4 twenty in the morning, twenty in the afternoon.
5 Each session will be about two
6 hours and 45 minutes long, running in accordance
7 with the -- I am trying to run it according to
8 the -- or in the same time that the Yorkville
9 kindergarten runs.
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10 CHAIRMAN LINDBLOM: Okay. Is there
11 questions from the Plan Commission members?
12 (No Response)
13 CHAIRMAN LINDBLOM: Is there any
14 questions, comments from the audience regarding
15 this petition?
16 (No response)
17 CHAIRMAN LINDBLOM: Okay. Hearing
18 none, I would entertain a motion to recommend to
19 the City Council approval of special use request
20 for PC 2006 -61 for a pre- kindergarten in a B -3
21 Service Business District as presented subject to
22 Staff concerns.
23 MS. LUCIETTO: So moved.
24 MS. ADAMS: Second.
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1 CHAIRMAN LINDBLOM: Moved by Anne,
2 seconded by Sandy.
3 Further discussion amongst
4 council -- Commission members?
5 (No response)
6 CHAIRMAN LINDBLOM: Hearing none,
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7 could we have roll call, please?
8 MS. GIPS: Charles Kraupner.
9 MR. KRAUPNER: Yes.
10 MS. GIPE: Anne Lucietto.
11 MS. LUCIETTO: Yes.
12 MS. GIPE: Clarence Holdiman.
13 MR. HOLDIMAN: Yes.
14 MS. GIPE: Sandra Adams.
15 MS. ADAMS: Yes.
16 MS. GIPE: Jack Jones.
17 MR. JONES: Yes.
18 MS. GIPE: Brian Schillinger.
19 MR. SCHILLINGER: Yes.
20 MS. GIPE: Bill Davis.
21 MR. DAVIS: Yes.
22 MS. GIPE: Tom Lindblom.
23 CHAIRMAN LINDBLOM: Yes.
24 That motion passes. Thank you,
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1 ma'am.
2 The next item on our agenda is
3 PC 2006 -44, Neil, Beverly and Craig Borneman,
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4 petitioners, have filed an application with the
5 United City of Yorkville, Kendall County,
6 Illinois, requesting annexation to the United
7 City of Yorkville and rezoning from Kendall
8 County A -1 to United City of Yorkville A -1
9 Agricultue District, B -3 Service Business
10 District, and B -3 special use for a gasoline
11 service station.
12 The real property consists of
13 approximately 258 acres north and south of
14 Route 71 and east of Highpoint Road in Kendall
15 County, Illinois.
16 Before I ask the petitioners to
17 speak, I do have in front of me from Attorney
18 Robert Nelson, "Dear Mr. Wyeth, my petition for
19 annexation of Petitioners Neil, Beverly and Craig
20 Borneman sought to have a portion of the property
21 zoned B -3 Service Business District with a
22 special use for a gasoline station. On behalf of
23 the petitioners, I hereby notify the United City
24 of Yorkville through you that the petitioners
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1 elect to withdraw the special use feature for the
2 gasoline service station from their annexation
3 request. However, they do persist with their
4 request that the B -3 Service Business District
5 zoning be assigned to all of that part of their
6 land which the Comprehensive Plan has allowed for
7 commercial uses." Signed, very truly yours,
8 Robert E. Nelson.
9 Mr. Nelson, are you prepared to
10 move forward then?
11 WHEREUPON:
12 ROBERT NELSON,
13 having been first duly sworn, testified before
14 the Yorkville Plan Commission as follows:
15 MR. NELSON: Yes, Mr. Chairman.
16 Thank you very much.
17 I am Robert Nelson. I am an
18 attorney and I practice in Aurora, Illinois. I
19 am here on behalf of Neil, Beverly and Craig
20 Borneman.
21 The Bornemans have made a
22 petition for annexation of their farmland
23 situated on Route 71 and Highpoint Road to the
24 City of Yorkville.
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1 Craig Borneman and his wife and
2 Neil and Beverly Borneman are farmers and they
3 live on the property.
4 The Borneman family farm has
5 been operated for agricultural purposes for more
6 than 150 years by members of the Borneman clan.
7 The intended use in the
8 foreseeable future for the property will continue
9 to be farming. Nevertheless, the owners have
10 elected essentially at the invitation of the
11 administration of the City of Yorkville to annex
12 their property to the City.
13 By their annexation request,
14 they are seeking not only annexation to the City,
15 but two specific zoning classifications.
16 One zoning classification is
17 the B -3 District. That district is to be
18 commensurate with the B -- or business district
19 that is shown on the City's Comprehensive Plan.
20 It's intended to be no larger
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21 nor any smaller, and my understanding is from the
22 Engineering Department of the City that it
23 entails roughly 55 acres of the total tract.
24 The balance of the property is
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1 to be zoned for agricultural purposes. The
2 Comprehensive Plan does indicate that the balance
3 of the property could be zoned for residential
4 purposes; however, the owners are not seeking any
5 kind of residential use in the near future and
6 will leave that endeavor to a much later time.
7 As stated by the Chairman, the
8 family did petition for a special use for a
9 gasoline service station but that request they
10 acknowledge is premature, and, by a letter which
11 I submitted, they have withdrawn that request.
12 Consequently, the zoning sought
13 merely entails the two zonings that I mentioned,
14 the agricultural use and the Business B -3 use.
15 I respectfully request then
16 that this Plan Commission accept the petition as
17 filed and will pass it and approve it.
18 CHAIRMAN LINDBLOM: Okay. Thank
19 you.
20 I believe there is a map at my
21 left, to your right, showing the property in
22 question. For those of you that can see, it's
23 this piece of property right here (indicating).
24 Okay. At this time then I
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1 would entertain any questions or comments from
2 the audience.
3 If you would, please raise your
4 hand and come down to the microphone. I see a
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5 lady up in front -- up in back. I'm sorry.
6 Please.
7 MS. KATORA: The only question I
8 have --
9 CHAIRMAN LINDBLOM: I'm sorry, can
10 we have your name, please?
11 WHEREUPON:
12 KATHLEEN KOTORA,
13 having been first duly sworn, testified before
14 the Yorkville Plan Commission as follows:
15 MS. KOTORA: Kathleen Kotora. Kate
16 Kotora is on the sign -in sheet.
17 The only question I have is why
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18 did you file for a special use permit for a gas
19 station and then take it back or not want it
20 anymore? That was my only concern.
21 If that's -- If I
22 misunderstood, I'm sorry.
23 MR. NELSON: The initial request to
24 have a special use classification for a gasoline
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1 station was sought because it was deemed at the
2 time to be potentially the most advantageous to
3 the owners at some point in time in the future.
4 However, since the time that
5 the petition was filed, they had come to the
6 realization that that request is premature in
7 light of the fact that they are not prepared to
8 present to this Plan Commission or to the City
9 any kind of a detailed site plan or analysis or
10 any other kind of specific area even for the
11 location of the gasoline service station.
12 If one will ever be placed
13 there, I have no idea. Again, that will be
14 decided at some future date.
15 But the reason that it was
16 withdrawn is that it's at this stage of the game
17 premature since the family intends to use the
18 land for farming for the foreseeable future.
19 CHAIRMAN LINDBLOM: Just for
20 clarification for the audience, if at some future
21 date a gas station would be proposed, they would
22 have to go through the same process that we are
23 going through tonight, do that all over again,
24 public hearings, et cetera, et cetera. Okay.
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1 Is there another -- Gentleman
2 right here, please.
3 WHEREUPON:
4 TOM GILMOUR,
5 having been first duly sworn, testified before
6 the Yorkville Plan Commission as follows:
7 MR. GILMOUR: My name is Tom
8 Gilmour. I live at 23 Fox Glen Drive, Yorkville.
9 And my question is what is the
10 purpose for annexation in the first place, for
11 milking cows, or are they actually planning on
12 building B -3 businesses on this thing right away
13 or is it just annexation for the sake of
14 annexation?
15 The nearest infrastructure as
16 far as sewer and water is approximately two and a
17 half miles away.
18 Are you going to run that out
19 to it, too, just for a strip mall? And this
20 question would pertain to the other subsequent
21 annexation requests this evening, just to
22 expedite. Thank you very much.
23 MR. NELSON: An annexation to a city
24 or village under an annexation agreement is
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1 generally considered to be advantageous to both
2 the city or the village on the one hand and the
3 owners on the other in that it sets forth the
4 guidelines and standards that will be followed in
5 the future as to the use of the property, uses to
6 which it will be put, and also the obligations of
7 the parties.
8 An annexation agreement has a
9 life expectancy of 20 years by statute, so it is
10 allowable for an owner to make a request for
11 annexation and enter into an annexation
12 agreement, but not have an immediate development
13 plan.
14 And in this particular instance
15 the owners do not have an immediate development
16 plan at all, but they do recognize that there is
17 explosive growth in this city -- I don't think
18 anybody in this room can deny that -- and they
19 are in a sense fortunate enough to perhaps get
20 ahead of the curve and have an opportunity to
21 annex under terms that are mutually favorable for
22 both them and the City.
23 CHAIRMAN LINDBLOM: Mr. Gilmour, do
24 you have another question?
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1 MR. GILMOUR: First of all, as far
2 as the growth in our community, it's on the
3 decline, not escalating as it had been in the
4 past, and it's pretty much true around the
5 country as a whole.
6 Is there some reason -- maybe
7 I'm missing something -- that they couldn't apply
8 for annexation when you have a proposed developer
9 that wants to put a strip mall in or is this like
10 a land grab, let's go out to the Mississippi
11 River because we think somebody is going to put a
12 strip mall in there?
13 What's the objective if you
14 don't have an immediate developer or someone
15 interested in the property?
16 MR. NELSON: I think I've already
17 answered that question. I will add, though, that
18 the issue concerning the commercial area is one
19 that precedes or antedates this petition, and
20 that is the form of a comprehensive plan that the
21 City adopted, and by that Comprehensive Plan the
22 City had declared that this intersection of
23 Highpoint Road and Route 71 was to be dedicated
24 for commercial purposes in the long -term.
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1 Consequently, the owners of the
2 property are only taking advantage of what has
3 already been afforded to them by virtue of the
4 fact that they own part of the land that is
5 affected by the Comprehensive Plan, which shows a
6 B -3 zoning classification would be authorized.
7 There is no intent to have any
8 strip mall or any other kind of mall at this
9 time, and anyone concerned about that would only
10 be speculating.
11 CHAIRMAN LINDBLOM: At this point
12 I'd like to ask Travis Miller, our Staff member,
13 to comment regarding the Comprehensive Plan.
14 WHEREUPON:
15 TRAVIS MILLER,
16 having been first duly sworn, testified before
17 the Yorkville Plan Commission as follows:
18 MR. MILLER: What the petitioner has
19 stated is correct. The Comprehensive Plan, which
20 is also on display, my left, your right, on this
21 side, you can see that the intersection of 71,
22 Penman Road, Highpoint is showing shown as
23 commercial.
24 Proceeding west from that we
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1 are showing more intense commercial, then
2 manufacturing, research and office uses in
3 anticipation of the Prairie Parkway alignment
4 just off of the west of -- at the edge of our
5 current Comprehensive Plan.
6 As stated, the current
7 petitioner is requesting approximately 55 acres
8 commercial B -3 use, and that is consistent with
9 the area designated on the Comprehensive Plan for
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10 that use, suggested by the Comprehensive Plan for
11 that use.
12 The remaining area is being
13 requested to be zoned A -1 Agricultural, which is
14 actually less intense than the residential
15 zoned -- or land use that's recommended by the
16 Comprehensive Plan.
17 But based on the existing use
18 of the property, it would be an appropriate
19 zoning classification currently, but in the
20 future, if petitioner would move forward to
21 rezone that property, the Comprehensive Plan
22 would suggest a residential zoning classification
23 with a transitional neighborhood zoning
24 classification between the commercial and the
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1 residential area.
2 In terms of infrastructure, a
3 question was asked, two miles -- approximately
4 two miles from water and sanitary sewer. I'll
5 point out that the City about two months ago did
6 annex -- those of you familiar with the area --
7 the Chally farm, Anderson farm, which is also on
8 the map.
9 The map on your far right, the
10 furthest west property that's shown in green
11 includes that latest annexation, and we are
12 currently engineering the infrastructure, which
13 would include sanitary sewer service and water
14 service for that area, and that's projected to be
15 completed by -- portions of that would be
16 completed by late 2007, 2008, which would include
17 a water tower as well as appropriate water mains
18 and sanitary sewer lines to service the property.
19 CHAIRMAN LINDBLOM: Okay. Thank
20 you. Is there -- Gentleman right here. Yes,
21 sir.
22 WHEREUPON:
23 TODD MILLIRON,
24 having been first duly sworn, testified before
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1 the Yorkville Plan Commission as follows:
2 MR. MILLIRON: My name is Todd
3 Milliron. I heard the City was inviting -- or
4 this annexation was done by invitation, and if I
5 understand it right, I heard Mr. Borneman was
6 going continue to farm. Is that correct?
7 MR. NELSON: Yes.
8 MR. MILLIRON: All right. And so a
9 normal hearing date for something like this would
10 take normally like four months or something like
11 that, and people would have to wait their turn,
12 and this hearing is being held like in 18 days
13 from when the public notice was given, and I
14 would like to know what's the hurry and why are
15 we here tonight if Neil's going to continue to
16 farm.
17 (Applause)
18 MR. NELSON: As previously
19 mentioned, the owners are exercising a right
20 that's afforded to them under the law to make an
21 annexation agreement with the City.
22 In this particular case, the
23 City was amenable to having such an agreement at
24 this point in time.
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1 The petition was filed not just
2 a few days ago, but weeks ago, and has been
3 analyzed and discussed and reviewed by the City
4 from and since that time, and the notices given
5 are notices that are required by Illinois Statute
6 and, therefore, they are deemed -- and in this
7 case we are given adequate time in advance and
8 are deemed to be appropriate.
9 CHAIRMAN LINDBLOM: Lady here in the
10 first row.
11 WHEREUPON:
12 JOANN GILBERT,
13 having been first duly sworn, testified before
14 the Yorkville Plan Commission as follows:
15 MS. GILBERT: My name is JoAnn
16 Gilbert. I live on East Highpoint. And my
17 question is to the Mayor.
18 Why did you invite these people
19 to annex into the City? Was it to get to the
20 North Star property?
21 CHAIRMAN LINDBLOM: Ma'am, I
22 don't -- I don't believe that's an appropriate
23 question at this time.
24 MS. GILBERT: Why?
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1 THE AUDIENCE: Why? Why?
2 CHAIRMAN LINDBLOM: You have to
3 address the petitioner, not the individual
4 members of the Commission.
5 MS. GILBERT: But he did the
6 inviting.
7 CHAIRMAN LINDBLOM: Ask the
8 petitioner to answer that if he would.
9 UNIDENTIFIED AUDIENCE MEMBER: The
10 Council does not answer to the public? Excuse
11 me?
12 MS. GILBERT: He is willing to
13 answer.
14 CHAIRMAN LINDBLOM: Mr. Nelson, do
15 you care to answer that?
16 MAYOR PROCHASKA: If you look at the
17 Comprehensive Plan of the City --
18 UNIDENTIFIED AUDIENCE MEMBER: Would
19 you give him the mic, please? We can't hear.
20 MAYOR PROCHASKA: I can talk louder.
21 Usually people can hear me. All right. The City
22 did invite. If you look at our Comprehensive
23 Plan, there are some of the things we were
24 looking at.
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1 Number one, the extension of
2 Eldamain Road, which goes down and will be
3 creating a large intersection there, we have the
4 Prairie Parkway there, and all those properties
5 that come along there, if you look at our
6 Comprehensive Plan, we look at creating a
7 business district down in that area.
8 This is something that the
9 citizens of Yorkville have asked for, to have a
10 greater, larger business area, that we are --
11 that we have more business district. This would
12 make logical sense for the next creation of a
13 business district.
14 And as far as the North Star
15 property, they are one of the properties that
16 have asked to come in, so it's them with all the
17 others, and the idea is to begin creating our
18 business district down in the southwest corner of
19 the city.
20 MS. GILBERT: Is that why you went
21 to the Newark School Board to ask them to annex
22 their school district into Yorkville?
23 MAYOR PROCHASKA: I have never
24 been to --
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1 MS. GILBERT: You invited them here.
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2 MAYOR PROCHASKA: I have never gone
3 or talked -- unless they came, we had some
4 members of the Newark trustees --
5 MS. GILBERT: Right.
6 MAYOR PROCHASKA: -- come, but as
7 far as I know, I have not had any discussion with
8 the Newark School Board.
9 MS. GILBERT: But did you ask them
10 to come into the Yorkville School District?
11 MAYOR PROCHASKA: They -- They will
12 not be changing the school district.
13 MS. GILBERT: I know.
14 MAYOR PROCHASKA: Well, you are just
15 saying the wrong thing. Just because the City
16 annexes them does not change the school district.
17 It remains the Newark School District.
18 MS. GILBERT: Okay. My last
19 question is when was the last time this
20 Comprehensive Plan was revised?
21 MR. MILLER: This portion was
22 updated in 2005. September, 2005.
23 MS. GILBERT: 2005, these parcels
24 were put on that map?
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1 MR. MILLER: That's correct. The
2 latest revision was September, 2005, and that
3 included everything south of the Fox River.
4 CHAIRMAN LINDBLOM: Gentleman --
5 MR. McKIBBEN: The question I
6 have --
7 CHAIRMAN LINDBLOM: Please get to
8 the microphone, state your name.
9 WHEREUPON:
10 MARK McKIBBEN,
11 having been first duly sworn, testified before
12 the Yorkville Plan Commission as follows:
13 MR. McKIBBEN: My name is Mark
14 McKibben. The question I have, I understand that
15 this is the time we are supposed to address him,
16 when is it we can address the board on stuff?
17 When do you wish us to ask
18 those questions? After all the other parcels
19 have been talked about, then we can ask you
20 questions?
21 CHAIRMAN LINDBLOM: Well, our
22 procedure here would be go ahead and ask any
23 questions you'd like right now as a Commission,
24 then we will discuss this amongst ourselves here
V III
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1 before you and then take a vote on it.
2 MR. McKIBBEN: Okay. Well, since my
3 question does include most of the parcels that
4 are trying to be annexed, about five years ago --
5 I'm not sure exactly the date, when Yorkville and
6 Plano were trying to annex the same area west of
7 Eldamain, I -- my recollection was that you made
8 an agreement with the City of Plano that the
9 boundary line would be Eldamain and a straight
10 shot south of the river.
11 I don't remember if there was a
12 limit to that south shot, but my question is have
13 you guys renegotiated with Plano, the City of
14 Plano, and said, you know, we agreed to let you
�I
15 annex this in the future?
16 CHAIRMAN LINDBLOM: This Commission
17 was not involved in that, but I'd be happy to let
18 the Mayor or Travis answer the question.
19 MAYOR PROCHASKA: The answer to your
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20 question is the boundary agreement with Plano
21 went south to Route 71. It ends at Route 71.
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22 MR. McKIBBEN: That's what I needed
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23 to know. Thank you.
24 CHAIRMAN LINDBLOM: Okay. Are there
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1 other questions or comments on this petition?
2 Lady right here, yes.
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3 WHEREUPON:
4 SUSAN FOWLER,
5 having been first duly sworn, testified before
6 the Yorkville Plan Commission as follows:
7 MS. FOWLER: My name is Susan
8 Fowler. I live on West Highpoint Road, and I
9 guess my question --
10 CHAIRMAN LINDBLOM: I'm sorry, can
11 you speak into the microphone a little more,
12 please?
13 MS. FOWLER: I am. I can hear you
14 quite well.
15 CHAIRMAN LINDBLOM: I can't. I
16 can't hear anything.
17 MS. FOWLER: You can't hear me?
18 Okay, how is that?
19 CHAIRMAN LINDBLOM: Better.
20 MS. FOWLER: Better? Can you hear
21 me now? Okay.
22 Again, my name is Susan Fowler
23 and I live on West Highpoint Road, and I guess I
24 am a little confused regarding this Comprehensive
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1 Plan that you have. Maybe I ignored it, maybe I
2 didn't notice it.
3 What did the County, Kendall
4 County Board, have to say about you starting to
5 encroach all the way out where you are going?
6 I don't remember a public
7 hearing on this. Does anybody remember one? No.
8 Well, gee, I guess you didn't advertise very
9 well. Hmm. Imagine that. But I take your word
10 for it. I really do. I take your word for it.
11 But it seems like you are going
12 ahead, you are encroaching anywhere and
13 everywhere you can go by invitation, which really
14 threw me for a loop.
15 So you are running around to
16 all these little people saying hey, we'd like
17 your property, would you mind giving it to us,
18 and at the same time going ahead and doing what
19 you darn well please.
20 Now, you don't like us talking
21 with you and asking the questions. Why I'm not
22 too sure, but I guess there is a procedure to do
23 that.
24 But why under that invitation
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1 these people feel they had to annex this property
2 into the City of Yorkville, why?
3 MR. NELSON: When a land owner
4 annexes property to a city or village by means of
5 an annexation agreement, the land owner seeks to
6 define in that agreement the various privileges,
7 rights and obligations of the respective parties,
8 and for the Bornemans and I'm sure for any other
9 party who comes before the city, to make an
10 annexation, they seek to come up with an
11 agreement that will in the long run be
12 advantageous to them regarding their ultimate and
13 future use of the property.
14 As I mentioned before, this
15 agreement has a term of 20 years. There is no
16 specific intent at this time to sell or develop
17 or divide or anything; however, under the
18 agreement, the property, if it is accepted for
19 annexation, will be part of the City already, it
20 will be awarded zoning classifications that a
21 developer can find and use to be advantageous to
22 his or her project.
23 It will also potentially
24 contain other terms and conditions which may be
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1 of some use and benefit to a future owner and
2 developer, and those agreements are being made
3 today under today's standards and practices and
4 under the current codes of the City and the state
5 law and what have you, and the annexation
6 agreement has in a sense a benefit to the owner
7 because it removes uncertainty, and that is why
8 it is advantageous for the Bornemans to proceed
9 even though they have no specific plan to develop
10 at this time, but they do foresee that ultimately
11 their property, as will the property of all their
12 neighbors, be taken for development.
13 It's inevitable. When that
14 will happen, I don't know for sure, but I can
15 fairly safely assume that it is inevitable.
16 CHAIRMAN LINDBLOM: Okay. I see a
17 hand right over here in the middle, gentleman.
18 WHEREUPON:
19 PAUL BANKS,
20 having been first duly sworn, testified before
21 the Yorkville Plan Commission as follows:
22 MR. BANKS: My name is Paul Banks.
23 I live on West Highpoint right next to the
24 property they wanted to build a gas station on,
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1 which they don't now, but eventually that will
2 happen.
3 What's that mean to my
4 property, putting a gas station above me? So
5 that's my question.
6 And I know they're saying
7 they're not going to build it, that's what
8 they're saying.
9 And when was this plan put in
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10 effect, what year, do you know?
11 MR. MILLER: What plan, the --
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12 MR. BANKS: The plan.
13 MR. MILLER: That was adopted in
14 2005.
15 MR. BANKS: Well, they knew about it
16 before that. They said something to my wife
17 about it, so -- well, not yet, they said.
18 Otherwise there is going to be a strip mall or
19 something over here or whatever and they go no,
20 not yet, so this was put in before 2005.
21 MR. MILLER: It's my understanding
22 that there has been no development plan, no
23 developer interested in the property, as the
24 petitioner stated earlier.
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1 This is just zoning that would
2 allow for a commercial development. That
3 development would still have to go through the
4 approval process of the City.
5 If that includes a special use
6 such as a gasoline station, that would include
7 public hearings for approval and public meetings
8 at the City Council level as well as public
9 hearings before the Plan Commission, but at this
10 point there is not a development plan submitted
11 for the property.
12 The petition is for annexation
13 of the 258 acres. 55 of that would be zoned
14 commercial use in an area that is, as recommended
15 by the Comprehensive Plan, on the property. The
16 remaining 200 acres plus or minus would be zoned
17 agricultural, and that's the request tonight and
18 that's the petition in front of the Plan
19 Commission tonight.
20 MR. BANKS: I know it was brought
21 up, it was brought up before, but why is it done
22 now?
23 There is no reason to do it now
24 unless you want to put something there. You
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1 can't explain that to anybody here.
2 CHAIRMAN LINDBLOM: Let's see if
3 there is somebody else first, then I will come
4 back to you, Tom. Gentleman over here, please?
5 WHEREUPON:
6 GEORGE FROST,
7 having been first duly sworn, testified before
8 the Yorkville Plan Commission as follows:
9 MR. FROST: My name is George Frost.
10 I just recently moved to Yorkville last year and
11 just want you to know it's a wonderful town and I
12 really love it here.
13 I'd like to ask one question of
14 the attorney. When you said that there are no
15 plans other than for agricultural with this
16 agreement, is that correct?
17 MR. NELSON: That's correct.
18 MR. FROST: It's my understanding
19 that this gentleman has drilled 40 wells, test
20 wells, on that property for checking water, for
21 any type of EPA problems that are going to be
22 coming up down the road. Is that correct?
23 MR. NELSON: I have no idea.
24 MR. FROST: Okay. So you don't know
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1 if any other work has been done on any of these
2 properties or anything other than agriculture?
3 MR. NELSON: All I can speak to is
4 the Borneman property.
5 MR. FROST: Okay. That's all.
6 Thank you.
7 CHAIRMAN LINDBLOM: Lady in the
8 first row, please.
9 WHEREUPON:
10 DIANE PROVELL,
11 having been first duly sworn, testified before
12 the Yorkville Plan Commission as follows:
13 MS. PROVELL: My name is Diane
14 Provell (phonetic). I live at 3002 Lisbon Road,
15 which is going to be affected clearly by all of
16 these plans, and my question is if you do not
17 annex this piece of property, will you be able to
18 annex the North Star property?
19 UNIDENTIFIED AUDIENCE MEMBER: Nope.
20 There it is.
21 CHAIRMAN LINDBLOM: Travis, do you
22 know that?
23 MR. MILLER: Not through this
24 contiguity that's being --
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1 (Applause)
2 MS. PROVELL: First off.
3 CHAIRMAN LINDBLOM: Please. We have
4 somebody at the microphone.
5 UNIDENTIFIED AUDIENCE MEMBER: I
6 can't hear the answer.
7 CHAIRMAN LINDBLOM: Would you stand
8 just a little closer, please?
9 MS. PROVELL: I'd like an answer on
10 that. The question is if they don't -- if they
11 are unable to annex the property that Beverly's
12 family has, will they then still be able to annex
13 the North Star property?
14 MR. MILLER: To answer the question,
15 any property that the City annexes within our
16 corporate area has to be contiguous to, directly
17 adjacent to, any annexed property.
18 MS. PROVELL: Okay. In plain
19 English what the man is saying is that if they
20 cannot annex that piece of property, then the
21 North Star property cannot be annexed --
22 (Applause)
23 MS. PROVELL: -- and if the North
24 Star property cannot be annexed, the landfill
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1 cannot be made under the Yorkville City Code.
2 (Applause)
3 MS. PROVELL: Shake your head as
4 much as you want. That is the truth. You want
5 the landfill and you are going to do whatever it
6 takes to get the $100,000 and the rest of it.
I
7 (Applause)
8 CHAIRMAN LINDBLOM: Wait, wait. I'm
9 sorry.
10 MS. PROVELL: Excuse me? I am a
11 citizen. I pay taxes here.
12 CHAIRMAN LINDBLOM: Ma'am, please.
13 I'm not trying to stop you from talking. All I'm
14 trying to say is this is being recorded by a
15 court reporter. During the applause we could not
16 hear what you were saying.
17 MS. PROVELL: He said that it was
18 time for this discussion to stop.
19 MAYOR PROCHASKA: No, I did not. I
20 said that this discussion was better held at a
21 different time.
22 THE AUDIENCE: Why?
23 MS. PROVELL: This is the time.
24 This is the place. The council is all here
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1 together. You're trying
2 MAYOR PROCHASKA: We are looking at
3 this particular piece of property.
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4 MS. PROVELL: Okay. I know Beverly,
5 and Beverly told me that neither her nor her
6 father knew nothing about this, this is her
7 uncle's doing, and she believes that Mr. Hamann
8 paid her uncle to go along with this plan.
9 So I don't know -- You're
10 talking about Beverly and her father, but this
11 actually is an uncle's thing that's going on
12 here, and we all know what this is about and none
13 of us wants it. No landfill.
14 (Applause)
15 CHAIRMAN LINDBLOM: The gentleman
16 here, please.
17 WHEREUPON:
18 ARDEN PLOCHER,
19 having been first duly sworn, testified before
20 the Yorkville Plan Commission as follows:
21 MR. PLOCHER: Good evening. I am
22 Arden Plocher. I am running for Kendall County
23 Board.
24 Since we already bit the bullet
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1 and we opened up the landfill question, I just
2 wanted to make a statement to everybody out
3 there.
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4 You understand if this alleged
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5 proposal for a landfill goes through, the
6 councils on both sides which represent you, the
7 taxpayers, will be using your tax money with
8 legal ways to fight your tax money.
9 This is the way for Hamann and
10 anybody else to get what they want on your dime.
11 MR. SHILLINGER: Is this a political
12 campaign?
13 MR. PLOCHER: Yes, it is.
14 (Applause)
15 CHAIRMAN LINDBLOM: Okay. One more.
16 MR. MILLIRON: The question I have
17 for this gentleman, for the Bornemans, is if the
18 B -3 zoning is not offered with zoning candy,
19 would they still have considered annexing to the
20 City of Yorkville?
21 MR. NELSON: The fact of the matter
22 is that B -3 was not, quote, offered, unquote, at
23 all, it was already on the table in the
24 Comprehensive Plan, and the family did nothing
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1 more than take advantage of what was already
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2 afforded to them as people who owned property in
3 that area which the Comprehensive Plan affects.
4 CHAIRMAN LINDBLOM: Okay. Are there
5 any other comments on this petition? Yes, ma'am.
6 WHEREUPON:
7 KIM RIECKERT,
8 having been first duly sworn, testified before
9 the Yorkville Plan Commission as follows:
10 MS. RIECKERT: My name is Kim
11 Rieckert. My question is what do they have to
12 gain from this?
13 UNIDENTIFIED AUDIENCE MEMBER: North
14 Star.
15 MS. RIECKERT: You keep talking
16 about -- Do they get a tax break? I mean, why do
17 the zoning differently if they're going to
18 continue doing what they have been doing for this
19 150 years? What do they stand to gain?
20 My other thing is are you
21 accounting for the traffic that is going to
22 encroach on the rest of us?
23 Are you prepared for that or
24 doesn't that matter to you guys?
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1 MR. NELSON: To address the second
2 question first, I don't think that the Bornemans'
3 farm tract is going to impact on the neighborhood
4 any more in the future than it has already.
5 Secondly, there are other
6 things under review and planning, including the
7 extension of Eldamain Road south and other
8 developments south of Yorkville, that will have
9 an impact on traffic far greater than anything
10 that my clients will do.
11 Again, as regards what do they
12 have to gain, try to explain it again. We are
13 setting forth in a written agreement certain
14 obligations and expectations with respect to
15 future use of the property.
16 By doing this annexation today,
17 it allows for an ultimate developer /owner to
18 pursue his or her plan, be it residential or
19 commercial, without having to go through a formal
20 process to request annexation and zoning other
21 than to say that a future developer will have to
22 change the ag use to the use that's compatible
23 with the zoning ordinance of the City at the
24 time, and anybody that wanted to develop the
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1 commercial pod would have to come in with a
2 specific plan to be approved by the City Council
3 for whatever uses are to be placed on that
4 property, including a service station.
5 And I'm trying to underline the
6 fact that a service station is not on the table
7 now. It's been withdrawn as premature. It's not
8 something that I think should generate a lot of
9 concern.
10 CHAIRMAN LINDBLOM: Okay. Is there
11 something now that we have not talked about? I
12 don't want to keep rehashing the same thing over
13 and over again.
14 Gentleman in the middle here
15 had his hand up.
16 WHEREUPON:
17 ROBERT MUELLER,
18 having been first duly sworn, testified before
19 the Yorkville Plan Commission as follows:
20 MR. MUELLER: Hello. Robert
21 Mueller. I have a general question of, I know
22 it's like any business, you have a three and
23 five -year plan, you as the planning development
24 committee.
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1 What other alternate do you
2 have, petition for any other lands coming up in
3 the future that will be presented, or is there
4 any alternate to the fact that -- you know, it
5 just seems this one direction south.
6 Is there something else coming
7 up, just as a -- you know, another annexation as
8 an alternate?
9 MR. MILLER: The only petitions, the
10 only thing that City Staff is aware of at this
11 point is the annexations that have been
12 petitioned and the public hearings that's here
13 tonight.
14 Looking at the zoning of this,
15 obviously we use the Comprehensive Plan to do any
16 annexation as a change of land use as a guide, so
17 when we compare the zoning classifications being
i
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18 requested -- we being Staff -- and putting the
19 Staff report together, we compare that against
20 the Comprehensive Plan and render the Staff
21 recommendations.
22 The Staff statement in the
23 report is conducive with the Comprehensive Plan
24 and is following the recommendations of the
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1 Comprehensive Plan from a zoning standpoint.
2 But, again, we are not looking at specific
3 developments.
4 MR. MUELLER: I know. In the
5 future, how it works.
6 CHAIRMAN LINDBLOM: Gentleman in the
7 first row.
8 WHEREUPON:
9 RON PARISH,
10 having been first duly sworn, testified before
11 the Yorkville Plan Commission as follows:
12 MR. PARISH: My name is Ron Parish.
13 I live over on 71. I think you said it probably
14 yourself the best. I think this is premature.
15 There is -- Nothing has been
16 asked for other than the fact you want to annex
17 it into the City.
18 If there is no plans, why can't
19 you wait to annex it into the City when you have
20 a direct reason for doing that?
21 You've already backed out of
22 the service station because you say you don't
23 have anybody that's committed to that.
24 If there is nothing committed
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1 to this land, then there can be no other reason
2 other than contingency to move land out. I say
3 that there is no reason for annexing it in. He
4 doesn't even give us a reason.
I
5 The only thing he said is he
6 wants to come in. We have invited him.
7 I say he doesn't need to come
8 in because he doesn't have any reason to come in
9 because he just wants to farm, and we're not
10 going to stop him from farming. Thank you.
11 (Applause)
12 MR. GILMOUR: Hopefully my last
13 commentary tonight for everybody's sake. Now, we
14 understand, or it's common knowledge, that
i
15 there's going to be a vote on these annexations
16 tomorrow night. Is that correct?
17 CHAIRMAN LINDBLOM: Let me just
18 explain what's going to happen. Help me, Art, on
i
19 this.
20 Tonight the Plan Commission
21 will take a vote on this, and our vote is a
22 recommendation to the City Council.
23 We will take a vote on
24 annexation and then another vote on zoning, and
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1 that will happen for each of these petitions, and
2 then it goes to the City Council tomorrow night.
3 MAYOR PROCHASKA: It's on the
4 agenda.
5 CHAIRMAN LINDBLOM: He says it's on
6 the City Council agenda for tomorrow night.
7 MR. GILMOUR: I want to direct this
8 question for the Mayor. What reason do you have
9 to hurry this thing through in two days?
10 This really smells like tuna
11 fish all over the place here. What's going on?
12 MAYOR PROCHASKA: Directive from the
13 Council to take the recommendation.
14 MR. GILMOUR: You mean to tell us
15 that the growth is so dynamic around here that
16 they just can't wait another day?
17 MAYOR PROCHASKA: Not likely.
18 That's not what we're telling you.
19 UNIDENTIFIED AUDIENCE MEMBER: What
20 are you telling us?
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21 CHAIRMAN LINDBLOM: Please.
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22 Somebody else has the floor.
23 MS. FOWLER: The Mayor was answering
24 the question.
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1 CHAIRMAN LINDBLOM: This gentleman
2 is speaking.
3 WHEREUPON:
4 GEORGE GILSON,
5 having been first duly sworn, testified before
6 the Yorkville Plan Commission as follows:
7 MR. GILSON: My name is George
8 Gilson. I guess the major question we all want
9 answered is what's going to happen with the plans
10 for annexation for the North Star properties if
11 this annexation does not get approved.
12 CHAIRMAN LINDBLOM: I would say it
13 can't annex.
14 Do you have something in
15 addition to what you said before?
16 MR. MILLIRON: Well --
17 CHAIRMAN LINDBLOM: If not, I want
18 to move forward. We've got a lot of other
19 issues.
20 MR. MILLIRON: Yes, I do.
21 CHAIRMAN LINDBLOM: Gentleman up
22 here, please.
23 WHEREUPON:
24 BOB KOLODZINSKI,
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1 having been first duly sworn, testified before
2 the Yorkville Plan Commission as follows:
3 MR. KOLODZINSKI: My name is Bob
4 Kolodzinski. My only question is will we have a
5 public record of who voted and how?
6 Because in four years we may
7 have our own annexation for the people sitting in
8 those seats if it doesn't go the way we want.
9 And, boy, I've got to tell you, there is a lot of
10 disgruntled people sitting up here right now.
11 As far as -- All I hear, we are
12 trying to push something through for that
13 landfill. We've got a guy saying we're not going
14 to put the gas station anymore, so why even have
15 the conversation? If it's been farming, let it
16 go.
17 The vote should be no tomorrow,
18 if that's the case, if he's going to farm and
19 that's truly the agenda.
20 What's the ulterior plan? That
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21 means it's going to push through. It's going to
22 happen. I watched his hand. And I will run to
23 be on that board next time if it doesn't go the
24 other way.
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1 UNIDENTIFIED AUDIENCE MEMBER:
2 What's your name?
3 MR. KOLODZINSKI: Bob Kolodzinski.
4 Thank you.
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5 UNIDENTIFIED AUDIENCE MEMBER: Got
6 it.
7 CHAIRMAN LINDBLOM: Lady in the
8 back, please.
9 WHEREUPON:
10 KELLY A. KRAMER,
11 having been first duly sworn, testified before
12 the Yorkville Plan Commission as follows:
13 MS. KRAMER: Kelly Kramer. Try to
14 be brief. Going to be difficult. Kelly Kramer,
15 K- R- A- M -E -R.
16 When was the invitation
17 extended to the Bornemans, do you know the
18 approximate time frame?
19 CHAIRMAN LINDBLOM: Kelly, can you
20 speak closer to the microphone?
21 MS. KRAMER: I'm sorry. It does
22 echo. When was the initial invitation extended
23 to the Bornemans, if you know?
24 MR. NELSON: I would like Mr. Wyeth
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1 to answer that because I don't know the exact
2 date.
3 MR. WYETH: In the May or June time
4 frame is the consensus here.
5 MS. KRAMER: And who extends the
6 invitation?
7 MR. WYETH: City of Yorkville.
8 MS. KRAMER: Do you know which
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9 particular people on behalf of the City of
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10 Yorkville?
11 MR. WYETH: I do not.
12 MS. KRAMER: Do you know if there is
13 an annexation agreement in existence at this
14 point in time?
15 MR. WYETH: There is not. There is
16 a draft. It will be before the City Council
17 tomorrow night.
18 MS. KRAMER: And do you know if the
19 petitioners are going to be annexing the
20 Yorkville - Bristol Sanitary District?
21 MR. WYETH: I don't know at this
22 time.
23 MS. KRAMER: So there's been no
24 meetings scheduled with WESC?
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1 MR. WYETH: None that I know of.
2 MS. KRAMER: A question for Travis.
3 How is this particular property going to be
4 contiguous in the grand scheme of things?
5 MR. MILLER: The portion of the
6 property is contiguous to the Chally farm. As I
7 stated earlier, Chally Farm Estates was annexed
8 in May by the City, so it's contiguous to that,
9 from the west from that property.
10 MS. KRAMER: How did the Chally farm
11 become contiguous?
12 MR. MILLER: The Chally farm is
13 contiguous to the Anderson farm, which is titled
14 Yorkwood Estates, which is contiguous through
15 Aspen Ridge from Fox Road and then traveling east
16 from Aspen Ridge to Silver Fox -- excuse me,
17 Evergreen Farms subdivision. Silver Fox is east
18 of that and then that is contiguous to the forest
19 preserve property.
20 MS. KRAMER: And do you know if the
21 City has any plans to change or amend the zoning
22 ordinance to provide for a waste transfer station
23 or a landfill or any type of use?
24 MR. MILLER: I do not. And it's my
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1 understanding that the Illinois statute governs
2 land use and zoning for that, so it's my
3 understanding that the City's zoning ordinance,
4 if that were petitioned for, wouldn't be the
5 driving force to govern that. There is a state
6 statute.
7 MS. KRAMER: Is that an allowable
8 use under the current City of Yorkville zoning
9 board for that type of activity?
10 MR. MILLER: For a sanitary
11 landfill? There is an existing ordinance. The
12 ordinance was drafted in 1973, so the sanitary
13 landfill to my understanding was part of the
14 zoning ordinance at that point as a permitted use
15 in a manufacturing zone.
16 However, as I stated earlier,
17 that's a moot point because of the Illinois
18 statute.
19 MS. KRAMER: Fair enough. And do
20 you know if Eldamain Road is going to be a county
21 highway or a city highway?
22 MR. MILLER: It's planned to be a
23 county highway.
24 MS. KRAMER: And do you know where
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1 the funding is on that?
2 MR. MILLER: I do not know the
3 funding source on that. That's one the City is
4 very interested in and we are going to be working
5 hopefully in the future with the County.
6 MS. KRAMER: Okay. That's all I
7 have.
8 (Applause)
9 CHAIRMAN LINDBLOM: Gentleman up
10 here, please.
11 MR. McKIBBEN: Mark McKibben again,
12 and my question was the City of Yorkville's plans
13 in the future.
14 I'm going back to the Plano
15 stuff. I've noticed -- it was in the paper, I
16 did not look up here to see how it was, but I
17 understand you were looking at the property south
18 of Bornemans' property also to be included in the
19 City.
20 Was that -- The one I saw in
21 the paper, I don't know, six months ago. You
22 don't know.
23 MR. MILLER: No, there is no
24 petition for that property.
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1 MR. McKIBBEN: No, not petition, I
2 am just -- has the City planned in developing
3 that into a type of --
4 MR. MILLER: And, again, the
5 Comprehensive Plan is a guideline for future land
6 uses.
7 The City doesn't go so far as
8 to dictate or even have a plan in place for what
9 the development detail should be, so basically
10 the Comprehensive Plan shows residential uses in
11 varying densities, commercial in various
12 intensities, and that is the Comprehensive Plan
13 and as far as the development plans to be
14 realized and moved forward with by the private
15 petitioners, private property owners or
16 developers, whoever the case may be.
17 MR. McKIBBEN: Okay. But, again,
18 the property that I see that you -- or planned
19 for part of the City has been agreed to with the
20 City of Plano.
21 MR. MILLER: The planning area goes
22 beyond the City municipal boundaries.
23 MR. McKIBBEN: That's the question I
24 didn't know. Okay. Thank you.
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1 CHAIRMAN LINDBLOM: Okay. Is there
2 comments, questions, from the -- I'm sorry. I'm
3 sorry, sir. I didn't see you.
4 WHEREUPON:
5 RANDALL MEZGER,
6 having been first duly sworn, testified before
7 the Yorkville Plan Commission as follows:
8 MR. MEZGER: My name is Randall
9 Mezger. I am president of Sundown Homes. I
i
10 closed on some property August 15th. It's 24
11 estate lots, the Oliver property.
12 I did talk with Travis. He was
13 very helpful.
14 I just don't understand how B -3
15 zoning butting up to that can be in the
16 Comprehensive Plan. Now, is that going to go Ag
17 or is that B -3?
18 MR. MILLER: I can give you the
19 logic on that, and it has to do with the location
20 of the Prairie Parkway that's been determined by
21 the state.
22 The alignment has been defined
23 subject to funding and completing the road, but
.24 the engineering is moving forward on that road.
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1 To be proactive, the City did
2 include that alignment in the Comprehensive Plan,
3 and that alignment showed an interchange with
4 state road -- State Route 71 and the new Prairie
5 Parkway.
6 It's because of that
7 interchange with that four -lane highway that the
8 Comprehensive Plan does show commercial use on
9 this property and along the corridor along 71
10 where the Prairie Parkway is planned to cross.
11 MR. MEZGER: And it will be B -3 in
12 the park, B -3 on my side, or farm? Did you say
13 all that was going to be Ag still?
14 MR. NELSON: The B -3 zoning is
15 attached to that part of the farm that falls
16 within the Comprehensive Plan designation for
17 B -3. Travis has a depiction of that on the
18 table.
19 MR. MILLER: I believe I did give a
20 copy of the Comprehensive Plan to you. It's a
21 guide document. It's meant to be a bubble
22 document, a guide document, as we move forward.
23 As we look at annexation
24 agreements, we will look at future development.
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1 We do follow it as closely as is feasible.
2 And the red area on the
3 Comprehensive Plan as designated or suggested by
4 the Comprehensive Plan as future commercial use
5 goes north and south of 71 in a corridor fashion.
6 And specifically where your
7 property is yeah, we'd have to look at the plat
8 map.
9 I recall our meeting a couple
10 of weeks back and I believe the northwestern
11 portion of your property is very close, if not
12 within, what's shown commercial.
13 I know there was some
14 transitional land use that's shown on the north
15 area and then that transcends into a lower
16 density residential.
17 MR. MEZGER: This has been common
18 knowledge since May that you were trying to get
19 the Bornemans in?
20 MR. MILLER: Discussions at the City
21 began in May.
22 MR. MEZGER: The water tower they
23 are putting up on 71, is that going to be a deep
24 well?
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1 MR. MILLER: Yes.
2 MR. MEZGER: Thank you.
3 MR. MILLER: Yes.
4 CHAIRMAN LINDBLOM: At this time I
5 have been given a legal objection. I'd like to
6 read this into the record.
7 This is a legal objection to
8 annexation and zoning. The undersigned, being an
9 owner of 20 percent or more of the perimeter of
10 real property sought to be zoned by North Star
11 Trust Company, as trustee under Trust Number
12 06 -9993, the property sought to be annexed and
13 zoned to the United City of Yorkville by Neil
14 Borneman, Craig Borneman and Beverly Borneman,
15 and the property sought to be annexed and zoned
16 by Eric Schanze and Diane Schanze, and as an
17 owner of the real property described in the
18 attached legal description, I hereby protest and
19 file this legal objection to said annexation and
20 zoning request of the parties for the
21 applications listed above.
22 The undersigned hereby executes
23 this legal objection this blank day of September,
24 2006.
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1 It is notarized as of 9- 22 -06,
2 and this is from the gentleman that just spoke.
3 Is that correct?
4 MR. MEZGER: Yes.
5 CHAIRMAN LINDBLOM: Okay. We have
6 that in the minutes.
7 Okay. Is there questions or
8 concerns to the petitioner from the Plan
9 Commission members?
10 (No response)
11 CHAIRMAN LINDBLOM: Okay. As we
12 have done in the past.then, we will take this as
13 annexation first and then zoning second, and at
14 this time I would entertain a motion --
15 Just for the audience then, our
16 motions must be read in the affirmative. If that
17 motion is defeated, then it's the same as -- if
18 the motion is defeated, but it must be worded in
19 affirmative.
20 I would entertain a motion to
21 recommend to the City Council approval of
22 annexation as requested in application and
23 petition number PC 2006 -44 for the real property
24 described herein.
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1 MS. LUCIETTO: So moved.
2 MS. ADAMS: Seconded.
3 CHAIRMAN LINDBLOM: It's been moved
4 and seconded. Is there further discussion on the
I
5 motion for annexation?
6 (No response)
7 CHAIRMAN LINDBLOM: Hearing none
8 then, could we have roll call, please?
9 MS. GIPS: Anne Lucietto.
10 MS. LUCIETTO: Yes.
11 MS. GIPE: Clarence Holdiman.
12 MR. HOLDIMAN: Yes.
13 MS. GIPE: Sandra Adams.
14 MS. ADAMS: Yes.
15 MS. GIPE: Jack Jones.
I
16 MR. JONES: Yes.
17 MS. GIPE: Brian Schillinger.
18 MR. SCHILLINGER: Yes.
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19 MS. GIPE: Bill Davis.
20 MR. DAVIS: Yes.
21 MS. GIPE: Charles Kraupner.
22 MR. KRAUPNER: Yes.
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23 MS. GIPE: Tom Lindblom.
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24 CHAIRMAN LINDBLOM: Yes. Motion
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1 passes, so this will be forwarded to the Council.
2 Second part then is the zoning,
3 and I would entertain a motion to recommend to
4 the City Council approval of the zoning as
5 requested in application and petition number
6 PC 2006 -44, from County A -1 to United City of
7 Yorkville A -1 Agricultural District and B -3
8 Service Business District as presented subject to
9 Staff comments and, furthermore, to accept the
10 petitioner's letter of withdrawal of the request
11 for the special use for a gasoline service
12 station.
13 Is there a motion to this
14 effect?
15 MS. LUCIETTO: So moved.
16 CHAIRMAN LINDBLOM: Been moved.
17 MS. ADAMS: Second.
18 CHAIRMAN LINDBLOM: Moved and
19 seconded. Is there further discussion on the
20 motion?
21 (No Response)
22 CHAIRMAN LINDBLOM: Hearing none
23 then, could we have roll call, please?
24 MS. GIPE: Clarence Holdiman.
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1 MR. HOLDIMAN: No.
2 MS. GIPS: Sandra Adams.
3 MS. ADAMS: No.
4 MS. GIPS: Michael -- Jack Jones.
5 MR. JONES: No.
6 MS. GIPS: Brian Schillinger.
7 MR. SCHILLINGER: Yes.
8 MS. GIPE: Bill Davis.
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9 MR. DAVIS: Present.
10 MS. GIPE: Charles Kraupner.
11 MR. KRAUPNER: Yes.
12 MS. GIPE: Anne Lucietto.
13 MS. LUCIETTO: No.
14 MS. GIPE: Tom Lindblom.
15 CHAIRMAN LINDBLOM: Yes. I have
16 four no's, three yeses, and one present. Motion
17 fails to pass.
18 Mr. Kraupner has to excuse
19 himself.
20 (Exit Mr. Kraupner)
21 CHAIRMAN LINDBLOM: The next item of
22 business is PC 2006 -71, North Star Trust Company
23 dated April -- I'm sorry, dated August 8, 2006,
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24 No. 06 -9993, petitioner, has filed an application
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1 with the United City of Yorkville, Kendall
2 County, Illinois, requesting annexation to the
3 United City of Yorkville and rezoning from
4 Kendall County A -1 to United City of Yorkville
5 B -3 Business Service District.
6 The real property consists of
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7 approximately 15.32 acres located on the south
8 side of Route 71 west of Highpoint Road in
9 Kendall County, Illinois.
10 And who is speaking for the
11 petitioner?
12 WHEREUPON:
13 JOHN PHILIPCHUCK,
14 having been first duly sworn, testified before
I
15 the Yorkville Plan Commission as follows:
i
16 MR. PHILIPCHUCK: Good evening. My
17 name is John Philipchuck. I am a partner with
18 the law firm of Dommermuth, Brestal, Cobine &
19 West. Our offices are at 123 Water Street,
20 Naperville, Illinois.
21 I am here this evening
22 representing North Star Trust Company Trust
23 Number 06 -9993, and this is the 15 -acre parcel
24 that is immediately across Highpoint Road from
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1 the Borneman parcel. So Bornemans are on the
2 south side of Route 71 and Highpoint Road.
3 This parcel is triangular and
4 is immediately then to the west of Highpoint
5 Road.
6 It has frontage of 537 feet of
7 frontage on Highpoint Road and a thousand -- over
8 1,300 feet of frontage on Route 71, which is over
9 one quarter of a mile of frontage on the south
10 side of Route 71.
11 The request is to annex the
12 property to the City of Yorkville and to place
13 the property in the B -3 commercial zoning
14 classification.
15 The Comprehensive Plan
16 indicates that that particular corner of
17 Highpoint Road and 71 be placed in a commercial
18 zoning classification.
19 As you are aware, the current
20 plans for the Prairie Parkway are located to the
21 west of this particular parcel of land, and it
22 was part of the City's revision of the
23 Comprehensive Plan last year that it was decided
24 that the City should take advantage of the
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1 extension not only of Eldamain Road, but also the
2 advent of the Prairie Parkway, and we have
3 certainly seen the trend of development along the
4 state routes that travel or traverse through the
5 City of Yorkville, such as U.S. Route 34 and
6 Illinois Route 47, so we think that the City did
7 an admirable job when they did the replan for the
8 southern portion for the future of Yorkville.
9 Some of the residents that are
10 here this evening may not be aware, but a
11 municipality under Illinois law has a right to
12 plan an area within one and a half miles of its
13 current corporate limits, so by extending their
14 corporate limits, the City of Yorkville has the
15 ability to exercise their thoughts and control
16 over those properties, so as they annex into some
17 of these Fox Township areas, it affords them the
18 ability to then consider any cases that might
19 come before the County, or offers them an
20 opportunity to talk to any potential land owner
21 about annexing a piece of property into the
22 United City of Yorkville.
23 In this particular instance, we
24 see the future of Highpoint Road as being an
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1 important road in the area. It's one of the few
2 roads that now crosses Route 71 in a north /south
3 fashion, and as a result, it makes sense that
4 this property would be utilized in the future for
5 commercial uses.
I
6 We would expect that there
7 would be additional right -of -way donations for
8 Route 71, there would be additional right -of -way
9 that would be dedicated for Highpoint Road, in
10 the future there would be improvements that would
11 go in as part of any commercial development of
12 the property, such as traffic signals at this
13 intersection, access onto Route 71 with some
14 widening to accommodate left turn lanes into the
15 property, right turn decel lanes, exit lanes
16 coming out of the property, so that we feel that
17 as the property develops in a commercial fashion
18 that adequate improvements will be done at that
19 time to facilitate any of the traffic needs of
20 this particular area and that the use is suitable
21 for this particular use of the land.
22 As the Plan Commission knows,
23 various setbacks and buffers are required, so as
24 the property is developed commercially, if there
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1 are adjacent residential areas, it is part of
2 your planning criteria that there would be
3 adequate setbacks, buffering and landscaping that
4 would be installed in order to provide for a
5 proper transition between the commercial areas
6 and the residential areas.
�
7 Some of the area around this
8 particular parcel on the Comp Plan looks towards
9 future transition areas, and as a result, we
10 think that this is a correct use for this
11 particular intersection on a state route.
12 We would ask that the Plan
13 Commission follow the dictates of the
14 Comprehensive Plan, I think it's your
15 responsibility to do that, and we would ask that
16 you would recommend annexation of this property,
17 would then come in under the B -3 zoning.
18 We would ask that you would
19 recommend approval of the B -3 zoning for this
20 15 -acre parcel.
i
21 Happy to answer any questions
22 you have. Thank you.
23 CHAIRMAN LINDBLOM: Okay. Are there
24 questions for Mr. Philipchuck? Okay.
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1 MS. GILBERT: My name is JoAnn
2 Gilbert and I have a couple questions for
3 Mr. Philipchuck.
4 Haven't you been Don Hamann's
5 lawyer for a long time?
6 MR. PHILIPCHUCK: Yes, I have.
7 MS. GILBERT: Didn't you help Don
8 Hamann get the land on 71 composted, the permit
9 to compost?
10 MR. PHILIPCHUCK: We were involved
11 in some work with Mr. Hamann when he did his
12 initial -- He has a yard waste business at his
13 location on Route 71 where he accepts lawn waste
14 and trees, et cetera, grinds it, and then does an
15 agricultural application on the land out there.
16 MS. GILBERT: Didn't you represent
17 him when the County took him to court for the
18 odor?
19 MR. PHILIPCHUCK: I did.
20 MS. GILBERT: Thank you.
21 (Applause)
22 MS. RIECKERT: Kim Rieckert. Just
23 for clarification, can you go over the zoning and
24 annexation votes for the Borneman properties?
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1 CHAIRMAN LINDBLOM: I'm sorry, go
2 over the votes?
3 MS. RIECKERT: Can you review --
4 CHAIRMAN LINDBLOM: Who voted for
5 what?
6 MS. RIECKERT: -- the votes met?
7 Did they get the zoning change?
8 CHAIRMAN LINDBLOM: No. The
9 annexation passed, the zoning did not. The
10 zoning motion failed to pass by a four to three
11 vote.
12 Is that what you're asking?
13 MS. RIECKERT: Okay. Yes, it is.
14 CHAIRMAN LINDBLOM: Okay.
15 MS. RIECKERT: What is the time
16 frame for the pathway (sic) to be coming through
17 and crossing over 71?
18 MR. MILLER: Ma'am, this is a state
19 project and it is subject to funding. It's my
20 understanding the first portion of the project
21 would be by 2012, but that's an answer that the
22 state needs to give, and I do know that it's
23 all -- that project is subject to funding, but
24 the engineering is moving forward and subject to
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1 be completed yet this year, early next year.
2 There is a public hearing in
3 December that the state is going to be conducting
4 here in Yorkville for that project. They would
I
5 be able to answer more specific questions to that
6 than I can.
7 MS. RIECKERT: This question is
8 directed to the board. If you are supposed to be
9 working on our behalf and we, as the citizens
10 that live in these communities, are telling you
11 we do not want this out there anywhere near us,
12 don't put it out there. If you wouldn't want it
13 in your backyard with your children, don't put it
14 in ours.
15 Additionally, as far as you
i
16 saying that it's their responsibility, you don't
17 live here. You don't get a vote.
18 (Applause)
19 CHAIRMAN LINDBLOM: Gentleman right
20 here.
21 MR. PARISH: Guess we didn't make
22 much of a point a while ago. We will this time.
23 I live on 71. Mr. Hamann runs
24 trucks up and down 71. Those trucks are not
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1 covered, and I have never been protected by
2 anyone on this board or anyone in the county.
3 Those trucks have plastic on
4 them and there is plastic floating in that field
5 out there which was not authorized, and nobody
6 has ever protected anybody in this room or this
7 town with that plastic or with what those trucks
8 haul or with the speed that those trucks travel.
9 Those trucks run up and down 71
10 at over 75 miles an hour, and they run up and
i
11 down 71 uncovered, and if that's what we're going
12 to get with the rest of what he's doing, then
13 we're going to get more of the same. We can all
14 dust spit in our face because that's what's
15 happening now.
16 I watched members of the board
17 smirk and laugh at us when we are up here
18 talking. I don't think it's a laughable matter.
19 I take and clean up a quarter
20 of a mile of that road frontage and I do it by
21 myself. Would any of you like to help me? Would
22 you like to come and help me, sir?
23 MR. PHILIPCHUCK: Give me a call.
24 MR. PARISH: I will give you a call.
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1 I will
2 CHAIRMAN LINDBLOM: Please, let's
3 keep it civil.
4 MR. PARISH: I respect everybody on
5 this board. I respect Art as much as I could
6 respect anybody. I've had conversations with
7 Art.
8 I hope I can respect the rest
9 of you, but I'm not sure that you all are really
10 concerned about the people that's sitting in this
11 room.
12 There is other ways that we can
13 go, and I guess that's the direction we'll have
14 to take as group.
15 Thank you.
16 (Applause)
17 MR. PHILIPCHUCK: I would like to
�
18 clarify a point. Those are not Mr. Hamann's
19 trucks.
20 MR. PARISH: No, they're not.
21 MR. PHILIPCHUCK: Waste haulers
22 bring the product to the site, it's ground there,
23 and it's land applied. So if they are violating
24 state rules --
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1 Excuse me. I have the floor.
2 MR. PARISH: There is no rules for
3 covered trucks.
4 CHAIRMAN LINDBLOM: Please,
5 Mr. Philipchuck has the floor. Let him speak.
6 MR. PHILIPCHUCK: So if there are
7 violations out there that you have noted there,
8 they certainly can be brought to the attention of
9 the Illinois State Police that patrols state
10 highways in the state of Illinois, and if you
11 have a particular complaint, then I would suggest
12 that you make that, sir.
13 MR. PARISH: I've got my hand up.
14 MR. PHILIPCHUCK: They might want to
15 speak.
16 MR. PARISH: That might be, but I am
17 the one that you don't like.
18 CHAIRMAN LINDBLOM: First -- I would
19 ask you to keep this civil.
20 MR. PARISH: I am keeping it civil.
21 I didn't call him a liar, he did me. He said the
22 trucks are not owned by Mr. Hamann. They are not
23 owned by Mr. Hamann. They have contracted by
24 Mr. Hamann, and contracting something is the same
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1 as far as I am concerned as being responsible.
2 If there was not a site down
3 there, there wouldn't be trucks, and he contracts
4 those trucks.
5 (Applause)
6 CHAIRMAN LINDBLOM: Okay. There is
7 a gentleman in the back.
8 MR. KOLODZINSKI: I'm going to step
9 over there because I think you were shaking kind
10 of a lot with this gentleman.
11 I think we are talking about
12 this little parcel here right here. I think the
13 puzzle is kind of fitting.
14 MR. PHILIPCHUCK: Yes, sir.
15 MR. KOLODZINSKI: So this will be a
16 big test for our City Council. If they don't get
17 the zoning on this, this means nothing. And
18 guess what? Something tells me we're going to
I
19 talk about this next.
20 UNIDENTIFIED AUDIENCE MEMBER: Oh,
21 you bet.
I
22 MR. KOLODZINSKI: So they are on the
23 line right here. If that passes, it changes from
24 Agricultural to B -1, and they're going to own a
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1 useless piece of property, aren't they?
i
2 So we're going to see with
3 these folks what kind of conscience they have
4 got. If they didn't change this, there is no
5 point in changing that, now is there?
6 Thank you.
7 (Applause)
8 CHAIRMAN LINDBLOM: Okay. Any other
9 public comments?
10 MR. MILLIRON: This is addressed to
11 all you gentlemen here. You hear petitions all
12 the time for annexation and zoning.
13 What is the normal time frame
14 for somebody to come before you and how long do
15 they have to wait before they get a hearing date?
16 MR. MILLER: The sequence of events
17 is the key part. As it was stated earlier, Plan
18 Commission is a regulatory board, advisory board.
19 They make recommendations to the City Council.
20 So public hearings cover the
21 Plan Commission level where input is gathered and
22 a decision is made by this board, and then on to
23 recommendation for the City Council.
24 That's followed in cases of
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1 annexation with a public hearing that's held at
2 the City Council level.
3 With zoning, zoning requires a
4 public hearing, just as Plan Commission, and then
5 recommendation moves forward to City Council and
6 then a decision is made in a public meeting.
7 A public hearing is not
8 required for zoning, but it is for orientation,
i
9 which is part of what we're discussing here
10 tonight.
11 It's a sequence of events
12 obviously and it has to have the Plan Commission
13 prior to the City Council level, and that
14 sequence is what's being adhered to with the
15 process that's beginning tonight and what's on
16 the agenda for tomorrow evening at City Council.
17 UNIDENTIFIED AUDIENCE MEMBER: You
18 didn't answer his question. On average, how
19 long? On average.
20 MR. MILLER: Most current --
21 MR. MILLIRON: When you apply for a
22 petition for annexation and zoning, the City
23 people, you stop people and always tell them it's
24 going to take no less than six months, more like
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1 nine or ten.
2 And what I would like to know
3 is why are we here tonight for 18 days and there
4 is a vote going to be taken on this tomorrow, and
5 that will be 19 days from petition -- or when we
6 were told about it as a public, okay, and when
7 you guys -- Art and his people are going to be
I
8 voting on this tomorrow.
9 There are developers in this
10 town that wait at least three or four months to
11 come in front of this Plan Commission and these
12 people are here tonight and they only told us
13 about it 18 days ago, and I want to know what is
14 the emergency annexation and zoning for this
15 meeting?
16 MR. MILLER: I'm not going to speak
17 to an emergency with a meeting. What I will say
18 is a main difference with this petition as to
19 annexation and zoning is just that, it's
20 annexation and straight zoning. It's following
21 the Comprehensive Plan guidelines in all cases.
22 Typically, a typical annexation
23 process, you are accustomed to seeing -- those of
24 you that have participated in those public
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1 hearings, typically speaking you will see a
2 development plan associated with an annexation.
3 Those do take much more time,
4 more time for Staff to review, to review the
5 details of a subdivision for residential use
6 or -- which is typically the case, so that would
7 be really unfair to compare that scenario and
8 that type of petition with the petitions that are
9 being considered tonight because this is straight
10 zoning.
11 The zoning in question is in
12 compliance with the Comp Plan, as I have stated
13 numerous times.
14 If it weren't, if the zoning
15 being requested were not consistent, I think we
16 would have to understand why and what would be
17 leaning towards -- a zoning request that isn't
18 consistent, in this case it is, so it's a very
19 simple -- in terms of annexation and zoning
20 review and petition, it's a very simple review
21 and discussion process; therefore, taking less
22 time than one more complicated request that would
23 include, say, a 2,000 -lot subdivision, as we've
24 seen in other locations in town and take several
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1 weeks to review the details with a petition like
2 that.
3 That's the best answer to my
4 question.
5 MR. MILLIRON: All right, Travis.
6 MR. SCHILLINGER: I think your
7 question is best asked at City Council. I really
8 do. Tomorrow.
9 MS. FOWLER: No. This is Planning
10 Commission. Your Comprehensive Plan.
11 MR. SCHILLINGER: Our Comprehensive
12 Plan?
13 MS. FOWLER: No. Yours. I didn't
14 have anything to do with it.
15 MR. SCHILLINGER: No, it's the
16 City's. It's not ours.
17 MR. MILLIRON: Brian, I have some
i
18 concerns about why this is going so fast --
19 MR. SCHILLINGER: I understand that.
20 MR. MILLIRON: -- and you guys
21 should, too.
22 And I understand this must
23 comply with whatever Comprehensive Plan and what
24 you guys have planned for this City, but I want
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1 to know why these people don't go to the end of
2 the line and wait their turn.
3 (Applause)
4 MR. PHILIPCHUCK: Obviously you
5 don't want to accept the Staff's opinion. I
6 bring a lot of land use applications before the
7 City of Yorkville, and Travis is right on point.
8 There is no engineering
9 involved here. There is no engineering review.
10 That's what takes the long periods of time.
11 There is no residential development associated
12 with this.
13 This is advantageous to the
14 United City of Yorkville and everyone that lives
15 in the school district.
16 UNIDENTIFIED AUDIENCE MEMBER: No,
17 it's not. According to who?
18 MR. PHILIPCHUCK: If you'll let me
19 speak, please.
20 UNIDENTIFIED AUDIENCE MEMBER: Why?
21 MR. PHILIPCHUCK: It's advantageous
22 because we must build our commercial tax base in
23 the City of Yorkville. We must look to increase
24 our manufacturing base.
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1 We need to get more businesses,
2 office buildings, et cetera, into the City
3 because right now all the residential homes are
4 the ones that are shouldering the major funding
5 of the schools, and so, as a result, it helps to
6 bring in these commercial districts like the
7 Mayor had mentioned earlier in the meeting. It
8 makes logical sense to take advantage of these
9 particular locations.
10 Nobody wants to go out in the
11 middle of the farm ground and put commercial
12 there. We're going to put it on the state
13 routes, we're going to put it on the major roads.
14 It makes sense there. That's
15 why the Comprehensive Plan was set up that way.
16 We are the owners of property.
17 We have a right to petition the City to have the
18 property annexed.
19 They are under no obligation to
20 annex us, it's discretionary on their part, but
21 we have a right to ask for it, and the zoning
22 that we are asking for is consistent with the
23 Comprehensive Plan.
24 There are no immediate
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1 development plans. Those will be coming as the
2 utilities come out.
3 You can see the map of all the
4 annexations -- and Ms. Kelly asked about --
5 that have come out this direction.
6 It's a logical extension of the
7 City, that parcels are contiguous to the next
8 parcel are contiguous to the next parcel, and it
9 allows the City of Yorkville to exert its
10 influence in this particular area and be able to
11 take advantage of the future tax revenues that
12 will come from the commercial and industrial
13 developments that will follow some of these major
14 infrastructure improvements that are coming out
15 here, such as Prairie Parkway and the extension
16 of utilities from the City of Yorkville, which
17 will allow the development of the parcel.
18 So it's -- it's a very -- I
19 understand you may not totally grasp what goes on
20 as part of this process, but that is the process.
21 That is the process.
22 (Laughter)
23 MR. PHILIPCHUCK: And it makes
24 absolute sense, where it's a very simple petition
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1 for annexation and an annexation agreement and a
2 rezoning that fits with the Comprehensive Plan.
3 It makes all the sense in the
4 world, and nobody has to rush anything. It's
5 very straightforward. And the City Council, with
6 the recommendation from the Plan Commission, will
7 address it.
8 CHAIRMAN LINDBLOM: Gentleman in the
9 black sweater, please.
10 MR. GILSON: George Gilson. I have
11 two questions. One, first of all, do you live in
12 the City of Yorkville, sir?
13 MR. PHILIPCHUCK: Yes.
14 MR. GILSON: Where do you live?
15 MR. PHILIPCHUCK: None of your
16 business.
17 MR. GILSON: Thank you. Secondly,
18 second question, has the City of Yorkville done
19 any comprehensive studies on that land and what
20 is proposing to go through here with North Star,
21 how that's going to affect the people of
22 Yorkville, the infrastructure, and the
23 surrounding land and their properties?
24 Thank you.
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1 MR. PHILIPCHUCK: I didn't get your
2 address. Do you live in the City of Yorkville?
3 MR. GILSON: Yes, I do.
4 MR. PHILIPCHUCK: What's your
5 address?
6 MR. GILSON: (inaudible.)
7 MR. MILLER: To address the question
8 from the planning standpoint, from an engineering
9 standpoint, the services necessary to serve the
10 property, again, we are looking at the zoning
11 that's being requested as part of the annexation
12 tonight only. No development plan.
13 As development plans move
14 forward, we will have to re- evaluate the services
15 being offered to the property in terms of its
16 capacity with regard to sewer and water,
17 transportation.
18 At this point in time we are
19 looking at the zoning that's being requested,
20 and, yes, in fact, the state road that serves the
21 property has the capacity to handle the zoned
22 classification.
23 As we move forward with future
24 development petitions within the property,
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1 permitted uses within the zoning that's being
2 asked for tonight will be based on the traffic
3 being generated for each of those uses,
4 determining what turn lanes or improvements need
5 to be made.
6 MR. GILSON: That's not what I'm
7 asking you.
8 MR. MILLER: I apologize.
9 MR. GILSON: The question is we all
10 know this is being annexed to put a landfill
11 there. North Star is in this for the landfill.
12 My question for you, why are we
13 in a hurry to do this when we haven't really done
14 the comprehensive study on the capacity --
15 MR. MILLER: The landfill is not
16 being petitioned tonight.
17 (Laughter)
I
18 MR. GILSON: No, it's not.
19 MR. MILLER: In the event a landfill
20 is petitioned, all of those items would be under
21 a very high level of scrutiny by City Staff and
22 residents of the City to ensure that the
23 engineering is there to support that and the
24 proper services are there to support that.
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1 But, again, speaking off turn,
2 that's not what's being petitioned tonight --
3 MS. FOWLER: But that's the ultimate
4 bottom line.
5 UNIDENTIFIED AUDIENCE MEMBER: And
6 if you don't annex, they can't do it.
7 CHAIRMAN LINDBLOM: Are there any
8 issues that have not been previously addressed?
9 How about the lady in the very back row? There
10 is two of you, I don't care which one goes first.
11 WHEREUPON:
12 MARY CARLSON,
13 having been first duly sworn, testified before
14 the Yorkville Plan Commission as follows:
15 MS. CARLSON: My name is Mary
16 Carlson. Brand new to Yorkville.
17 CHAIRMAN LINDBLOM: Closer to the
18 microphone.
19 MS. CARLSON: Mary Carlson, very new
20 to Yorkville, two months. This is very
21 disturbing.
22 Question: How do you expect
23 residents to move here and stay here with that
24 landfill proposed?
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1 I am ready to pack up today.
2 You can't tell me --
3 (Applause)
4 MS. CARLSON: You can't tell me that
I
5 people are going to move to Yorkville with this
6 in mind. That is absolutely ridiculous. Might
7 as well pack it up, have every commercial
8 property coming to Yorkville because you won't
9 get residents to live here. Won't happen. Thank
10 you.
11 (Applause)
12 CHAIRMAN LINDBLOM: I would just
13 like to remind you that -- and I'm not trying to
14 hide the fact, but if, in fact, there is a
15 petition, whatever formal document takes place
16 for a landfill, all of your comments will be
17 heard.
18 You'll have an opportunity for
19 that at another public hearing conducted along
20 those lines.
21 UNIDENTIFIED AUDIENCE MEMBER: We
22 want to stop annexation.
23 CHAIRMAN LINDBLOM: I understand
i
24 that. I want to keep the comments tonight to the
I
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1 annexation and zoning, keep them that way,
2 knowing that you would have future possibilities
3 for this down the road if that's what's coming.
4 UNIDENTIFIED AUDIENCE MEMBER: But
5 we won't need them if you say no.
6 CHAIRMAN LINDBLOM: I understand
7 that.
8 UNIDENTIFIED AUDIENCE MEMBER: No,
9 you don't.
10 CHAIRMAN LINDBLOM: That -- as I
11 understand it -- and I've asked legal counsel
12 next to me -- that could come whether it's
13 annexed to the City or not. Is that correct?
14 MR. WYETH: A petition for a
15 landfill goes to the jurisdiction that the
16 property is in, so if there is a parcel anywhere
17 in our city and someone would like to have a
18 landfill, the petition would come to the City.
19 If there is a parcel somewhere
20 outside of city limits, then that land owner
21 could petition to whatever jurisdiction that is
22 in, be it another municipality or be it the
23 County.
24 So the fact is that there can
I
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1 always be a petition and it doesn't matter
2 whether or not the land is annexed to any city as
3 to whether or not that land owner can option --
4 it's the landowner's choice to make a petition,
5 and that's nothing that any of us can control.
6 That's within the control of that land owner.
7 UNIDENTIFIED AUDIENCE MEMBER: Let's
8 take it one -by -one and defeat this now.
9 MAYOR PROCHASKA: Can I say
10 something? I'm sorry. You guys can tell me I'm
11 wrong, whatever, but you know what? I've
12 listened to this and I have listened enough.
13 The bottom line -- You want me
14 to talk? You want me to talk?
15 THE AUDIENCE: Yes.
16 MAYOR PROCHASKA: You want me to
17 talk? All right. What the attorney just said is
18 true. Regardless of whether that is in the City
19 or not, they can apply, and the County has to
20 accept it just like the City would have to accept
21 the application and review it. Regardless.
22 Doesn't matter.
23 THE AUDIENCE: But we can --
24 MAYOR PROCHASKA: No, let me finish.
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1 You want me to talk, I am going to talk here
2 because I'd like to get through this and do this
3 based on the business that's here, okay?
4 Little history. This City was
5 looking at doing a transfer station. We passed a
6 Solid Waste Ordinance two years ago looking to do
7 that.
8 I'm curious that you're all
9 sitting here ready to condemn the City. Has
10 anybody asked the County why they changed their
11 ordinances to make a landfill higher on the
12 priority list than a transfer station?
13 Okay. One person. Let me
14 finish.
15 Okay. So, number one, that
16 opened the door. Number two, the County came to
17 me and said that there was interest in
18 petitioning a landfill immediately adjacent to
19 the City.
20 I asked if the City would have
21 any say in how that was done and I was told by
22 their attorneys that we could talk with them, we
,23 could maybe work out a couple bucks here and
24 there, we could probably get a discount on our
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1 garbage, but that we would not as a city have any
2 say in whether it went in if it was proposed to
3 the County. Okay?
4 So we started -- we did -- we'd
I
5 have -- Let me finish here before you raise your
i
6 hand.
7 We talked with them and,
8 interestingly enough, the County then went and
9 changed their ordinance, and this is what really
10 might interest me, that you don't want to annex
11 to the City, because they changed it and made an
I
12 ordinance that said you cannot site a landfill in
13 a municipal boundary. That was their law.
14 Now, whether it stands true or
15 not, I don't know. Whether it's good or not,
16 that would be something I suppose the courts
17 somewhere down the line will choose. That's --
18 that's not for us to decide here tonight.
19 However, that is the turn of events as we go
20 along.
21 And as far as I am concerned,
22 that property can have a petition put one way or
23 the other, and you residents of Yorkville ask, do
24 you want that going with the City of Yorkville
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1 having absolutely no say if it goes in?
2 If we annex the property, it
3 may not go there at all, depending on whether the
4 County's ordinance is true and strong enough, or
5 if it did, it would be a petition to the City.
6 That's all that would happen if it happens.
7 Tonight we are looking at
8 annexation and zoning for these properties.
i
9 That's all there is tonight. There is nothing
10 else. There is no request. There is no approval
11 of anything else.
12 At this point in time, to be
13 quite honest, I have to keep an open mind on
14 anything because I can't prejudge that, and if
15 anyone does, and if any of the County people have
16 prejudged it, if anyone has, that is -- that is
17 enough right there to allow somebody to appeal
18 any decision that you would make.
19 We have got -- Whoever the body
20 is has to give them a true and fair assessment
21 and review of whatever they apply for, when it's
22 applied. Whether it's the County or the City,
23 it's the same exact process. It's the same exact
24 questions. It's all exactly the same.
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1 So if you think that annexing
2 this sets the stage for something that wouldn't
3 otherwise happen, you are wrong, because it could
4 happen either way, and you just decide if you
5 want your elected officials to be in charge or
6 not. That's my statement.
7 MS. PATTEN: Just have a couple
8 questions.
9 CHAIRMAN LINDBLOM: Okay. Excuse
10 me. Can we have your name, please, for the
11 record?
12 WHEREUPON:
13 LORI PATTEN,
14 having been first duly sworn, testified before
15 the Yorkville Plan Commission as follows:
16 MS. PATTEN: Lori Patten. I just
17 moved here a couple months ago.
18 The North Star Trust Company,
19 what type of business are they? Do they do soil
20 sampling and testing?
21 MR. PHILIPCHUCK: No. It's an
22 Illinois land trust, and under Illinois law you
23 are allowed to hold title in a land trust, and
24 they are the trustee that holds title to this
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1 particular land.
2 MS. PATTEN: And so they have no
i
3 knowledge of the alleged 40 wells being drilled
4 on part of the Borneman property?
5 MR. PHILIPCHUCK: Again, I think
6 someone was mistaken. I am not aware there were
7 any wells drilled on the Borneman property.
8 MS. PATTEN: I can't and I don't
9 really understand the B -3 zoning, but you can
10 build a landfill on 3 -B zoning, is that --
i
11 MR, PHILIPCHUCK: No. Local zoning
12 control is exempted under the Illinois state law,
13 and so the decisions that this board is making as
14 far as their recommendations has nothing to do
15 whether they are zoning something that could or
16 couldn't be a landfill.
17 That's not an issue that's
18 before this -- this Plan Commission wouldn't hold
19 public hearings if there were an application
20 filed for a landfill. It's a totally separate
21 process. It doesn't involve these people.
22 MS. PATTEN: And I'm just thinking
23 like environmental and safety standards. How is
24 that --
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1 MR. PHILIPCHUCK: It's all
2 addressed. It's all addressed. There is very
3 stringent standards. But, again, there has to be
4 an application. That's not what this is about.
5 CHAIRMAN LINDBLOM: Gentleman up
6 here, please.
7 MR. MUELLER: Robert Mueller. My
8 question is -- It's pretty general. What benefit
9 to North Star -- I'm just curious. If I'm a
10 business and I want to start a business, why
11 would I want to start my business within a city
12 limits?
13 What benefit is it to me as a
14 business to be part of a city rather than part of
15 the county?
16 So I'm trying to understand why
17 a business of like North Star would say, you
18 know, if this land is annexed, we would prefer to
19 be with the City of Yorkville rather than be with
20 a general county. And that was my general
21 question.
22 MR. PHILIPCHUCK: One of the biggest
23 reasons that land owners seek annexation in
24 communities is to avail themselves of the zoning
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1 and the utilities.
2 I guess you could get zoning in
3 the County perhaps, and in this instance the
4 City's Comprehensive Plan indicates that this
5 would be a commercial location, so the best
6 reason is, as you are probably aware, when we
7 build commercial -type buildings, there are fire
8 codes that apply, oftentimes the buildings
9 require sprinkler systems, you've got to have
10 proper pressures and water supply to be able to
11 feed those systems.
12 Municipal water supplies can
13 provide that, and in the County it's very
14 expensive and very difficult to do.
15 MR. MUELLER: Can I address that? I
16 am a -- I design systems for a living. I
17 understand the water pressure will still need a
18 boost to the system because I know that the water
19 pressure in the City of Yorkville is about 450
20 pounds depending on the square footage. I don't
21 know what's being built there.
22 I'm just saying that I'm just
23 trying to understand what the benefit is. I'm
24 not saying that's going to help, but does that
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1 mean the City is then going to, therefore,
2 stretch out and offer this type of utility work
3 and water services out to commercial to attract
4 that -- any type of commercial development?
5 MR. PHILIPCHUCK: A lot of
6 municipalities do just that, especially if
7 they've got good locations where there are highly
8 traveled roadways and good intersections, so it's
9 very prudent in my opinion for the City of
10 Yorkville to get out to this western corridor
11 where the proposed Prairie Parkway is going to go
12 through, there is a proposed interchange just to
13 the west of this property, and take advantage of
14 something like that.
15 Many of us here in the
16 Yorkville area have to travel a great distance,
17 for instance, to buy an automobile.
18 Automobile dealerships for new
19 cars are great sales tax generators to
20 municipalities.
21 Locations like a state route
22 and a road like the Prairie Parkway would be
23 ideal for an auto mall, for instance.
24 Would one come? I don't know.
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1 But that's what the future is about and that's
2 what the planning is about and that's what we
3 have to go after.
4 MR. MUELLER: So my understanding is
5 that Yorkville then would also help out North
6 Star in a way of helping -- not saying help out.
7 I guess let me take that back. To get a
8 business, whatever that business may be, in that
9 particular property, it's more advantageous for
10 North Star to be with the City because you are
11 expecting to have utilities there.
12 MR. PHILIPCHUCK: We would be
13 involved in the extension of utilities there, as
14 well as many intervening property owners.
15 It will take time and a lot of
16 money on the part of the private enterprise to
17 extend the utilities.
18 MR. MUELLER: Thank you.
19 CHAIRMAN LINDBLOM: Okay. Is there
20 something that is non - repetitive? I'm going to
21 move this thing along real quick. If I even
22 sense that you are repeating, I'm going to cut
23 you off.
24 Okay. Yes, sir. Gentleman
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1 right here.
2 WHEREUPON:
3 PAUL BANKS,
4 having been first duly sworn, testified before
5 the Yorkville Plan Commission as follows:
6 MR. BANKS: My name is Paul Banks.
7 I live on West Highpoint Road, and all of that
8 property you've got proposed for business wraps
9 right around my house.
10 Why wasn't I invited in the
11 City of Yorkville? Why wasn't any of us invited,
12 because you want to bring sewer and water to our
13 house?
14 You want to pave the way for
15 businesses around us so we -- you know, so we've
16 got to sell the property cheaper or whatever?
17 You're just going to ruin us
18 there. I mean, it's a question.
19 CHAIRMAN LINDBLOM: I don't know. I
20 have no answer for you.
21 MR. BANKS: We're right there. I
22 live right on that corner and nobody asked me to
23 join the City of Yorkville.
24 MAYOR PROCHASKA: Which corner?
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1 MR. BANKS: On Highpoint on the east
2 corner.
3 UNIDENTIFIED AUDIENCE MEMBER: He is
4 in the red blob.
5 MS. FOWLER: Just built a new house.
6 UNIDENTIFIED AUDIENCE MEMBER: You
7 don't have a landfill, Paul.
8 MR. BANKS: That's right. I could
9 build one, though.
10 MR. MILLER: Just because an area is
11 designated on a Comprehensive Plan for a
12 particular use doesn't always mean that the City
13 or whatever agent -- whoever developed the Comp
14 Plan, in this case the City of Yorkville, is
15 going to contact each and every property owner
16 and ask you to change your use. That's not what
17 the Comprehensive Plan is about.
18 What the Comprehensive Plan is
19 is for properties that communities that do want
20 to change in the future or want to become annexed
21 to the City, so that land use and that activity
22 is compared against a Comprehensive Plan document
23 that is created by the community and adopted as
24 an official plan to be followed by the community
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1 as a guide document.
2 So that -- you know, it's not
3 typical that a -- that is what the purpose of the
4 Comprehensive Plan is.
5 So I guess if you're asking
6 because your property was shown in some
7 commercial area why you weren't contacted, in the
8 event you contacted the City and wanted to be
9 annexed, the question about being annexed would
10 be what's the future use of your property, do you
11 want to redevelop, do you want to follow the
12 Comprehensive Plan.
13 A dialogue would begin at that
14 point, much the way I'm sure it began with this
15 petitioner, that dialogue.
16 Does that answer your question?
17 MR. BANKS: No.
18 MR. MILLER: I tried.
19 MR. BANKS: I just don't -- You
20 people obviously don't care about the homeowners,
21 you care about business. That's all you're here
22 for.
23 Along that strip that it is
24 building, the houses, they wanted to live there
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1 for the rest of their life. You don't care about
2 them.
3 MR. MILLER: The Comprehensive Plan
4 does include all land use types that create a
5 community, and I think it's unfair to say that
6 the City doesn't care.
7 That's the purpose of tonight's
8 meeting, is to have the public hearing, is to
9 have input.
10 MR. BANKS: Why do I have to come to
11 you to'be asked? You came to everybody else, all
12 the property owners out there, to be annexed.
13 MR. MILLER: That's not a true
14 statement.
15 CHAIRMAN LINDBLOM: Okay. Is there
16 anything specific to this piece of property? We
17 have two more pieces of property to talk about.
18 Unless it's specific to this piece of property, I
I
19 don't want to hear about it.
i
20 UNIDENTIFIED AUDIENCE MEMBER:
21 What's the hurry?
22 CHAIRMAN LINDBLOM: Well, it's
23 getting to be close to nine o'clock, we have a
24 lot of things on this agenda, and I don't want to
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1 be repeating ourselves.
2 Okay. Lady in the back.
3 WHEREUPON:
4 CHRISTINE KRAMER,
5 having been first duly sworn, testified before
6 the Yorkville Plan Commission as follows:
7 MS. C. KRAMER: My name is Christine
8 Kramer and I live at 21 Cotswold Way, and I guess
9 we should start off, could you explain B -3, City
10 of Yorkville B -3 zoning?
11 We've had that all night long.
12 What is B -3 zoning?
13 MR. MILLER: B -3 is a business --
14 general business zoning classification. The
15 reason for the three, there are actually four
i
16 zoning classifications for business within the
17 City, within the City's zoning document, one
18 being the least intense, four being the most
19 intense in terms of the land use types, the
20 intensity of the land use type.
21 A B -3 is a general business.
22 It allows for retail development. We talked
23 about a gasoline filling station earlier. That's
24 a special use, but it would be -- that type of
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1 use, a strip center.
2 I'm trying to think of examples
3 in town. The intersection of 34 and 47, where
4 the Jewel shopping center is, most of those
5 corners would be zoned a B -3 zoned
6 classification.
7 In this property, with 15
8 acres, a likely land use would include a -- you
9 know, could be a retail strip center, could be,
10 you know, an outlot -type development, could be a
11 number of things. Restaurants would be included
12 in a B -3.
13 There is a list of about two
14 pages long of the permitted uses in the B -3.
15 MS. C. KRAMER: Well, there seems to
16 be a lot of talk about the Prairie Parkway and
17 how all of this was solely based on the Prairie
I
I
18 Parkway.
19 You said it's a state project.
20 Do you realize the state is broke? We've been
21 waiting how many years for Route 47 to get
22 widened? That hasn't happened.
23 When in our lifetime is the
24 Prairie Parkway really going to be built?
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1 MR. MILLER: Again, it's my
2 understanding the target date is 2012 for the
3 first segment, which includes this portion, but,
4 again, that's a question for the state and is
5 subject to funding, and I know year -by -year the
6 state budget is -- I can't answer that question.
7 All I can do is from a planning
8 standpoint, we need to be aware of the project.
9 It has gone through engineering, which means that
10 this is a more valid project than just a
11 conceptual line drawn on a map, and they have me
12 determining the alignment, determining the
13 property necessary for right -of -way acquisition,
14 preliminary engineering for the bridge
15 structures.
16 So the state has spent
17 significant dollars towards this project, all
18 adding to the credibility of the project and the
19 likelihood of that project.
20 And, again, there will be a
21 public hearing in December -- don't quote me, I
22 believe it's the 13th -- I'd have to look at the
23 map, but there will be information circulated
24 around the community and the newspaper from the
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1 state. That public hearing will be conducted by
2 the state.
3 I know last time they were here
4 that was held at the high school. But they will
5 be able to answer more specific questions at that
6 point.
7 MS. C. KRAMER: I know that this --
8 it's this piece of property, Bornemans', is right
9 here.
10 What is the width between those
11 two properties? I understand there is a certain
12 width that has to be between two properties.
13 That's my understanding.
14 MR. MILLER: In order to be
15 contiguous? The Borneman property does run south
16 of 71, and to answer that question, I'd have to
17 refer to the plat. I don't know that off the top
18 of my head. I can look that up.
19 MS. C. KRAMER: And is there any
20 kind of boundary agreement between Newark or
21 Millbrook drawn up yet?
22 MAYOR PROCHASKA: No.
23 MS. C. KRAMER: No? That would be
24 interesting.
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1 MR. MILLIRON: What's the footage?
2 CHAIRMAN LINDBLOM: Okay. Is it
3 pertaining to this property?
4 MR. GILSON: You bet.
5 CHAIRMAN LINDBLOM: Okay. Let's go
6 and let's get it over with.
7 MR. GILSON: George Gilson again.
8 This is just a direct question. This is
9 pertaining to the property.
10 Would we or would we not be
11 helping North Star accomplish their goal by
12 annexing this property and running utilities out
13 to that property?
14 Talking about the property here
15 that North Star is looking to annex -- that you
16 are looking to annex into the City and North Star
17 has asked, but would we or would we not be
18 helping accomplish their goal running utilities
19 out to that property?
20 MAYOR PROCHASKA: I guess the answer
21 is the City does not run -- the development pulls
22 them out.
23 MR. GILSON: Okay. But would we or
24 would we not be helping them do that by getting
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1 utilities out to that property?
2 MAYOR PROCHASKA: Well, we would be
3 helping the City of Yorkville by providing
4 another commercial access.
5 Now, would that help them out?
6 Obviously if their business proceeds at that
7 corner, that would be a benefit to them as well
8 as the City, so I guess that's the answer.
9 UNIDENTIFIED AUDIENCE MEMBER: How
10 about the residents?
11 MR. GILSON: Are we looking at the
12 residents here, though? Thank you.
13 MAYOR PROCHASKA: Yes, we are.
14 MR. MILLER: Answer to the earlier
15 question, Mrs. Kramer. 537 feet is the dimension
16 of the property.
17 CHAIRMAN LINDBLOM: Okay. Lady
18 right here, please.
19 MS. RIECKERT: Kim Rieckert. You've
20 already got huge subdivisions coming out off of
21 71. The traffic out there is unbelievable.
22 I live on 71. It takes me five
23 to ten minutes sometimes to get out of my
24 driveway.
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1 It is not only frustrating
2 because you have not taken the proper steps to
3 accommodate the traffic we already have, but, in
4 addition, you want to put subdivisions and now
5 you are going to add businesses out there?
6 I had a child trying to catch a
7 school bus. The child was hit. And you want to
8 add more traffic?
9 Again, we're wanting you to
10 vote no. We don't want it.
11 (Applause)
12 CHAIRMAN LINDBLOM: Lady right here,
13 please.
14 WHEREUPON:
15 JUDY GILMOUR,
16 having been first duly sworn, testified before
17 the Yorkville Plan Commission as follows:
18 MS. GILMOUR: My name is Judy
19 Gilmour and, like a lot of people here, I live in
20 the County, I don't live in the City of
21 Yorkville, and my concern is that I think -- even
22 though you say it isn't, I think we all know that
23 there is a landfill that's going to be proposed
24 on this North Star property. I don't think
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1 that's a secret.
2 My concern is that I would
3 rather have the County have control over that
4 landfill because with the City I don't have a
5 voice, and you are taking my voice away as well
6 as everybody else in the County because this --
7 if a landfill goes on this property that you are
8 discussing tonight and the City has control over
9 that property, the majority of the people in
10 Kendall County do not live in the City of
11 Yorkville.
12 The only voice I have is with
13 the Kendall County Board because at least I have
14 a vote for those people, and since I and maybe
15 probably a lot of these people here don't live in
16 the City -- and to answer the Mayor's question,
17 no, we don't want you to have control of the
18 landfill that might go on this property.
19 You don't speak for us and we
20 don't have any say.
21 (Applause)
22 CHAIRMAN LINDBLOM: Your comments,
23 I'll listen to them as long as they are not
24 political.
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1 MR. PLOCHER: They are not
2 political, sir.
3 Why would you want to be
4 annexed into the City and pay more taxes if you
5 had no idea what you're going to do with this
6 property? What is your intent at this point to
7 do with this property?
8 I live in Yorkville, and I
9 don't want it to smell already worse than it
10 already does.
11 MR. PHILIPCHUCK: The 15 -acre parcel
12 is currently being farmed. Our intention until
13 we get utilities out there would be to continue
14 to use it as agriculture.
15 MR. PLOCHER: And then?
16 MR. PHILIPCHUCK: Well, then we are
17 going to look at putting in commercial use, it's
18 possible, but with 15 acres there, if you add the
19 adjoining parcel to it, you might get a little
20 bigger use out of there, it could be a food store
21 as an anchor and some out - parcels. You try to
22 capture the traffic that's out there on 71 today.
I
23 The lady is right, there is a
24 lot of traffic out there, absolutely, and it
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1 makes sense to try to capture the traffic that's
2 there now.
3 So yes, the intention would be
4 to utilize the zoning that we would obtain from
5 the City and then ultimately the utilities to be
6 able to develop the property commercially.
7 MR. PLOCHER: My other question then
8 is if you don't have anything proposed at this
9 time and this process only seems to take 20 days,
10 why don't you wait until you have a proposal
11 instead of paying the taxes on it?
12 (Applause)
13 MR. PHILIPCHUCK: I guess that's my
14 client's prerogative. They can -- they can
15 annex if the City is willing to annex them, they
16 can petition, that's their right to petition, and
17 I guess if there is a slight tax increase because
18 they are within the corporate limits, they are
19 willing to pay that, but there is a price you pay
20 to be able to get your property entitled. That's
21 what creates value.
22 CHAIRMAN LINDBLOM: I'm going to
23 take two more comments, one from this gentleman
24 and one from this gentleman right here, then
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1 that's it. Okay. Sir?
2 MR. PARISH: Ron Parish again. I
3 guess we are looking at the property and we're
4 coming straight down that highway. The part I
5 can't understand is why we are annexing
6 properties in that nobody has any use for, I
7 guess is the first thing. We've already brought
8 that up.
9 The second thing is -- and I've
10 had conversations and -- I won't call the two
11 names -- but I've had conversations with
12 individuals inside the City and individuals in
13 the County, and I think both of them have valid
14 points, but I, too, live in the County, I don't
15 have a voice in the City and it's becoming more
16 and more apparent of that.
17 I think that the County has
18 three options for having a landfill, and the way
19 I understand it now, even though it has not been
20 filed for, the City would only have one option.
21 At least I've got a little bit
22 better chance with the County than what I've got
23 with the City, and I've thought about this a lot.
24 There is one other thing, I
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1 think that the lawyer for the Star Properties
2 owes the entire audience here an apology when he
3 said comprehend. I don't think he has any idea
4 of the audience that he is talking to. Most of
5 us can comprehend pretty well.
6 I ran two Fortune 500
7 companies, sir, and I comprehend real well. I
8 know when I am being taken advantage of, and I
9 think we are.
10 (Applause)
11 MR. FROST: Again, my name is George
12 Frost. I'm fairly new to Yorkville. I tried to
13 do some homework before coming here.
14 It's my understanding -- and I
15 stand corrected, it wasn't that first property
16 that we were talking about having the wells
17 drilled, but it was on the Hamann property.
18 My understanding is Mr. Hamann
19 petitioned the County for a landfill; is that
20 correct?
21 MR. PHILIPCHUCK: I don't believe
22 that's correct, no. I think there have been some
23 discussions, but I don't believe there has been
24 an application filed.
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1 MR. FROST: He's had some
2 discussions, though, correct?
3 MR. PHILIPCHUCK: Yes.
4 MR. FROST: He also had some
5 discussions about the road that runs through his
6 property with the County; is that correct? He's
7 asked to have that road closed, and the County,
8 as far as I could find out, asked for $1,000,000
9 to close that road.
10 They also asked for $500,000
11 upfront before they would even talk to him about
12 a landfill, and from there it would go up to
13 about 750 to a million in costs before he even
14 broke ground.
15 He then petitioned or came to
16 Yorkville, was invited, I'm not sure, and tried
17 to get -- from what I understand, again, I'm not
18 a politician, so I don't know all the in's and
19 out's, tried to back -door it by coming to the
20 village of Yorkville.
21 Yorkville invited them in with
22 open arms with only a $100,000 fee from what I
23 understand from what's been discussed, so he is
24 circumventing the County.
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1 The County doesn't want to let
2 him have that road unless they pay him -- unless
3 he pays the County substantially for that road,
4 but once it becomes incorporated into the village
5 of Yorkville, that road then becomes the property
6 of Yorkville and you'll probably see that road
7 closed. That's just another political thing that
8 this gentleman is doing.
9 The wells have been drilled on
10 that property. There's been EPA studies. Can
11 you tell me whether or not he has hired the big
12 landfill company that's --
13 THE AUDIENCE: Waste Management?
14 MR. FROST: -- at Settler's Hill?
15 He's hired -- Okay. The way I understand it,
16 there is seven criteria that have to be addressed
17 before a landfill --
18 CHAIRMAN LINDBLOM: Excuse me just
19 second. We're going to be talking about I
20 believe the piece of property that you are
21 talking about right now further down in the
22 agenda.
23 MR. FROST: Right.
24 CHAIRMAN LINDBLOM: I am asking you
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1 to keep this discussion to this triangular piece
2 of property --
3 MR. FROST: This is all interlocked.
4 It's all got the same --
5 CHAIRMAN LINDBLOM: You will have
6 your chance when we talk about that piece of
I
7 property.
8 MR. FROST: It's got the same
9 overture. It's all in the same value. The only
10 reason this is being done is to bring that
11 property in.
12 This is all done to bring in
13 that North Star property of Mr. Hamann's, and
14 it's behind - the -back politics for whatever
15 reason, and it just -- you can talk about it, but
16 this is a done deal, folks.
17 These people are going to vote,
18 it's all over with. All we can do is fight it
19 from here on out.
20 (Applause)
21 CHAIRMAN LINDBLOM: Okay. Are there
22 any other questions from the Commission
23 members --
24 (Applause)
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1 CHAIRMAN LINDBLOM: Any questions
2 from Commission members for Mr. Philipchuck?
3 (No Response)
4 CHAIRMAN LINDBLOM: Okay. Hearing
5 none then, again, in keeping with our previous --
6 we are looking for a vote on first annexation and
7 then zoning.
8 At this time I would entertain
9 a motion to recommend to the City Council
10 approval and annexation as requested in the
11 application and petition number PC 2006 -71 for
12 the real property described herein.
13 MS. LUCIETTO: So moved.
14 CHAIRMAN LINDBLOM: Moved. Is there
15 a second?
16 MS. ADAMS: Second.
17 CHAIRMAN LINDBLOM: Second. Is
18 there further discussion on the motion?
19 MR. JONES: Yes. I would like to
20 say something.
21 One to two times a month I am
22 asked as a non -paid citizen to balance the City
23 wants and citizen wants.
24 Right now the City wants the
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1 control of it, not the County. Fine. I don't
2 know which way to go, but I'd probably say if it
3 goes in, I'd be more leaning toward the City
4 having control of it whether we'd like it or not
i
5 because it's still going to go in.
i
6 I'm not saying it is, I'm just
7 saying that if it does go in, I'd rather the City
8 have control of it than the County. I don't know
9 if it's going in or not.
10 Also to let you know -- you may
11 or may not know, our decisions tonight are
12 strictly advisory. Our decisions are not final.
13 The final decisions rest with the City Council,
14 not us.
15 I guess what I'm trying to say,
16 we're not your adversary, we are just non -paid
17 citizens being asked to make a decision, and I
18 guess you -- I guess I would ask you to look at
19 it that way instead of adversarial.
20 We're not the bad guys, we're
21 just being asked to make an advisory decision.
22 THE AUDIENCE: Vote no.
23 CHAIRMAN LINDBLOM: Any other
24 comments from Commission members?
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1 (No response)
2 CHAIRMAN LINDBLOM: Hearing none,
I
3 could we have roll call, please?
4 MS. GIPE: Sandra Adams.
I
5 MS. ADAMS: Yes.
6 MS. GIPE: Jack Jones.
7 MR. JONES: Yes.
8 MS. GIPE: Brian Schillinger.
9 MR. SCHILLINGER: Yes.
10 MS. GIPE: Bill Davis.
11 MR. DAVIS: Yes.
12 MS. GIPE: Anne Lucietto.
13 MS. LUCIETTO: Yes.
14 MS. GIPE: Clarence Holdiman.
15 CHAIRMAN LINDBLOM: Was that a yes,
16 Anne?
17 MS. LUCIETTO: It was a yes, yes.
I
18 Sorry.
19 MR. HOLDIMAN: Yes.
20 MS. GIPE: Tom Lindblom.
21 CHAIRMAN LINDBLOM: Yes.
22 That motion passes.
23 And at this time I would
24 entertain a motion to recommend to the City
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1 Council approval and zoning as requested in the
2 application of petition number PC 2006 -71 from
3 Kendall County A -1 to United City of Yorkville
4 B -3 Service Business District as presented
5 subject to Staff comments.
6 MS. LUCIETTO: So moved.
7 CHAIRMAN LINDBLOM: Moved. Is there
8 a second?
9 MS. ADAMS: Second.
10 CHAIRMAN LINDBLOM: Seconded.
11 Further questions or comments from Commission
12 members?
13 (No Response)
14 CHAIRMAN LINDBLOM: Hearing none,
15 could we have roll call, please?
16 MS. GIPE: Jack Jones.
17 MR. JONES: Yes.
18 MS. GIPE: Brian Schillinger.
19 MR. SCHILLINGER: Yes.
20 MS. GIPE: Bill Davis.
21 MR. DAVIS: No.
22 MS. GIPE: Anne Lucietto.
23 MS. LUCIETTO: No.
24 MS. GIPE: Clarence Holdiman.
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1 MR. HOLDIMAN: No.
2 MS. GIPS: Sandra Adams.
3 MS. ADAMS: No.
4 MS. GIPE: Tom Lindblom.
5 CHAIRMAN LINDBLOM: Yes.
6 And that motion fails on a four
7 to three vote.
8 Okay. Our next item of
9 business is PC 2006 -45, Eric and Diane Schanze,
10 petitioners, have filed an application with the
11 United City of Yorkville, Kendall County,
12 Illinois, requesting annexation to the United
13 City of Yorkville and rezoning from Kendall
14 County A -1 Agricultural District and R -3
15 One - Family Residence District to the United City
16 of Yorkville M -1 Limited Manufacturing District,
17 B -3 Service Business District, and R -2 One - Family
18 Residence District.
19 The real property consists of
20 approximately 80 acres located on Highpoint Road
21 and State Route 71 in Kendall County, Illinois.
22 And you are, sir?
23 WHEREUPON:
24 GARY PICCONY,
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1 having been first duly sworn, testified before
2 the Yorkville Plan Commission as.follows:
3 MR. PICCONY: Gary Piccony. Good
4 evening, Commissioners. Good evening, citizens.
5 My name is Gary Piccony. I am
6 an attorney. My office is in Aurora, Illinois.
7 And I represent the owners of this parcel, Eric
8 and Diane Schanze.
9 The property consists of two
10 lots that currently is zoned residential. We're
11 asking that that residential zoning be continued,
12 and also there is an 80 -acre plus parcel that we
13 ask for M -1 zoning with underlying B -3.
14 The property has substantial
15 frontage on Highpoint Road and also some frontage
16 on Route 71.
17 It's my understanding that the
18 Prairie Parkway, which we have heard a lot about
19 tonight, is going to use part of this property
20 for a ramp off and on the Parkway onto Route 71,
21 and this zoning would be consistent with our
22 Comprehensive Plan as to M -1 and B -3.
23 I don't have too much more to
24 say, except there is no landfill anticipated on
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1 this property. Right now there is no
2 Comprehensive Plan as to its use or specific
3 types of businesses that would go there.
4 I'd ask that our petition be
5 approved.
6 CHAIRMAN LINDBLOM: Okay. Are there
7 questions for the petitioner? Gentleman up here,
8 please.
9 WHEREUPON:
10 CHRIS JENSEN,
11 having been first duly sworn, testified before
12 the Yorkville Plan Commission as follows:
13 MR. JENSEN: My name is Chris
14 Jensen. I live on 8751 Highpoint.
15 I believe it's been addressed
16 before, if Mr. Sanchez or -- the Schanze property
17 is not annexed, will that not allow the rest of
18 the North Star property to be annexed?
19 And the stuff that's already
20 been voted on, you guys did not vote to change
21 the zoning, but you did vote to annex it in,
22 correct?
23 CHAIRMAN LINDBLOM: Correct.
24 MR. JENSEN: So it's all moving
II I
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1 west.
2 CHAIRMAN LINDBLOM: Correct.
3 MR. JENSEN: Okay. So if this
4 doesn't pass, he won't be able to continue on.
5 MR. SCHILLINGER: At the present
6 time.
7 CHAIRMAN LINDBLOM: At the present
8 time and under the plan that's being presented,
9 yes.
10 MR. JENSEN: Okay. Thank you.
11 MR. PICCONY: And we are in no way
12 affiliated with the North Star property or the
13 North Star people. We have no control over what
14 they may do with that property.
15 We are concerned about our own
16 property and we want it annexed into the village
17 because we believe it will make our property more
18 valuable, and also we believe that it would be a
19 benefit to the village of Yorkville in regard to
20 its tax base to have a commercial corridor close
21 to a ramp of a major interstate expressway.
22 CHAIRMAN LINDBLOM: Mrs. Kramer.
23 MS. C. KRAMER: Once again,
24 Christine Kramer. I guess my question to
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1 Mr. Schanze would be who invited him into the
2 City.
3 Did the City of Yorkville
4 invite him into the City? And why did just that
5 one little parcel get invited into the City?
6 And is there an annexation
7 agreement with Mr. Schanze yet?
8 MR. MILLER: Yes, there is a draft
9 annexation agreement that's under review
10 currently, and as far as inviting to the City,
11 discussion --
12 MS. C. KRAMER: Did he go to you or
13 did you go to him?
14 MR. MILLER: You know, on this
15 property, the honest answer is I didn't invite
16 this petitioner in.
17 MAYOR PROCHASKA: The City did. The
18 City did.
19 MS. C. KRAMER: Okay. Thank you.
20 MR. MILLER: And as far as time
21 frame, I'm not sure when and what time.
22 CHAIRMAN LINDBLOM: Lady in the
23 first row.
24 WHEREUPON:
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1 JOAN POOL,
2 having been first duly sworn, testified before
3 the Yorkville Plan Commission as follows:
4 MS. POOL: My name is Joan Pool and
5 I live just off of East Highpoint, and my concern
6 with the annexation of this and changing of the
7 zoning for this piece of property means that
8 there is not only going to be traffic coming in
i
9 off of 71, but then also traffic going on
10 Highpoint and Lisbon Road. Who addresses that?
11 That's all residential. They
12 were talking about walking paths along East
13 Highpoint. Is that no longer going to be an
14 issue that the City is concerned about?
15 Brighton Ridge was asked to put
16 in these walking paths. If we have a lot of
17 truck traffic lanes, it's now going into an
18 industrial site, we are not going to be able to
19 have that.
20 MR. MILLER: The City requirement --
21 I can't speak for the County -- I do know that
22 they have walking trails and bikeway regional
23 trails planned along most of the state routes.
24 The City ordinance does require
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1 a minimum sidewalk pedestrian link when any
2 property is developed adjacent to a public way.
3 So to answer your question,
4 when the development is petitioned for the
5 property, a development plan is presented for the
6 property, it will include pedestrian access, and
7 a minimum requirement is a sidewalk.
8 Oftentimes we do, in lieu of
9 sidewalks, recommend to the petitioner -- this is
10 subject to the City Council approval, but
11 recommend the ten -foot asphalt paths as long as
12 it's connecting into a regional system.
13 There is a north /south regional
14 system as part of the Eldamain alignment that we
15 have requested the subdivisions petitioned to the
16 City to continue through.
17 That's part of the Mid Aux
18 Sable Creek that will eventually go south of
19 Yorkville through the Mid Aux Sable Creek.
20 The Prairie Parkway alignment
21 also the state is also recommending or showing as
22 part of that improvement a trail system that
23 would run along the side, so the City's plan
24 under the Comprehensive Plan, as well as the
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1 Parks and Recreation Master Plan, do identify key
2 corridors, key links, for pedestrians, and the
3 state routes are part of that network, so it's a
4 long - winded answer, but this property would
5 include --
6 MS. POOL: Highpoint is all county,
I
7 so we're going to get all of the traffic and
8 we're not going to get the benefits of anything.
9 MR. MILLER: Right, and as we look
10 at -- Regardless of it being a county road or a
11 city road, any time a development comes within
12 the City, it is going to put a burden on that
13 county road, that county facility, generate
14 additional traffic volumes on that road.
15 We do require traffic studies
16 to be done and whatever, you know, the
17 engineering analysis in terms of widening and
18 improvements to that road are required by the
19 petitioner regardless of it being a county road
20 or city road. That's for city -- developments
21 within the City of Yorkville.
22 Those are considered perimeter
23 roads. There are cases all over the city where
24 that has been upheld. In fact, the City is --
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1 Now, the City Council earlier this year passed a
2 resolution to negotiate impact fees as part of
3 annexations that would go directly for county
4 road improvements.
5 So we are currently collecting
6 $1,549 per residential unit for residential
7 development coming into the City. That money
8 would be used specifically for improvements to
9 county roadways that go through the City of
10 Yorkville.
11 So to say specifically what
12 those permits are going to be would be premature
13 because we don't know exactly what the use is
14 going to be, and one type of commercial use may
15 have more of a generated traffic volume than
16 another type of commercial use, so until we get
17 the specific use petitioned for, there is no way
18 to determine whether we need an additional lane
19 of traffic or not, or maybe it's just
20 intersection improvements. It all depends on the
21 specific development improvement.
22 But I assure you prior to that
23 happening that plan is being reviewed bring the
24 City, by the City Engineering Department, City
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1 engineering consultants, and whatever is required
2 from the engineering standpoint to handle traffic
3 safely and efficiently, will be required by any
4 petitioner, as it is in any part of the City.
5 CHAIRMAN LINDBLOM: Okay. Art, did
6 you have something you wanted to -- No? Okay.
7 Is there any questions or comments? We have a
8 gentleman in the first --
9 MR. ROGERS: My question is for the
10 Commission.
11 CHAIRMAN LINDBLOM: I'm sorry? I
12 can't hear you.
13 MS. LUCIETTO: He has a question for
14 us, not him.
15 CHAIRMAN LINDBLOM: Question for us?
16 MS. LUCIETTO: Yes.
17 CHAIRMAN LINDBLOM: Your name please
18 and your question?
19 WHEREUPON:
20 WARREN ROGERS,
21 having been first duly sworn, testified before
22 the Yorkville Plan Commission as follows:
23 MR. ROGERS: My name is Warren
24 Rogers, and I own the property that runs the full
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1 length of the subject property on the east side.
2 When you have multiple zoning
3 proposed, does that apply to the whole property
4 in its entirety?
5 MR. MILLER: What's being proposed
6 here is three zoning classifications. The
7 northeast portion where the -- is currently zoned
8 residential in the county, that would apply
9 specifically to that part of the property, so
10 that's R -2 zoning being requested there.
11 The remaining of the -- the
12 remainder of the property that is being
13 petitioned is M -1 manufacturing with an
14 underlying zoning of B -3.
15 What will be included in an
16 annexation agreement, this is typical -- what's
17 typically referred to as flex zoning.
18 An M -1 manufacturing would be a
19 zoning classification either designated in an
20 agreement for a certain amount of years or a
21 certain amount of time.
22 If it's not developed in that
23 fashion, then the property owner would then have
24 a B -3 zoning classification that the property
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1 would default to.
2 The terms of the timing and the
3 terms of the zoning I believe is still being
4 reviewed in the draft annexation agreement.
5 I don't know if our attorney
6 wants to speak to any more detail. Okay.
7 MR. ROGERS: If I understand it
8 right, my property is in the Comprehensive Plan
9 for residential use.
10 Based on that, I would have to
11 object to the M -1 and B -3 zoning. Thank you.
12 CHAIRMAN LINDBLOM: Okay.
13 Questions from the Planning Commission members?
14 Comments? Still have questions out here? I'm
15 sorry.
16 WHEREUPON:
17 LORI ACONA,
18 having been first duly sworn, testified before
19 the Yorkville Plan Commission as follows:
20 MS. ACONA: My name is Lori Acona
21 (phonetic) and I live on Highpoint Road. I just
22 kind of want to make a statement.
23 It's interesting that there was
24 a gentleman here in a black shirt asking how come
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1 his property wasn't going to be annexed or no one
2 asked him to annex in, yet both properties on the
3 side of him have been asked to come in. That
4 seems pretty interesting to me.
5 MS. GILBERT: JoAnn Gilbert, and I'd
6 like to ask the attorney here what incentive --
7 CHAIRMAN LINDBLOM: JoAnn, would you
8 please speak closer to the mic so everybody can
9 hear you?
10 MS. GILBERT: Sure. What incentive
11 did the City of Yorkville give Eric and Diane to
12 annex into the City? Tax break? Real estate
13 tax?
14 MR. PICCONY: None.
15 MS. GILBERT: None.
16 MR. PICCONY: Just the opportunity
17 to be within the City limits and the ability to
18 have City services to this property sometime in
19 the future.
20 CHAIRMAN LINDBLOM: Todd?
21 MR. MILLIRON: The other two
22 properties we heard about --
23 CHAIRMAN LINDBLOM: Closer. Closer
24 to the mic.
I
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1 MR. MILLIRON: Todd Milliron. The
2 other two properties we heard about tonight did
3 not have a business plan.
4 I would like to know is there a
5 business plan for this property or is Eric going
6 to continue to farm it? And, if so, what is the
7 time frame?
8 MR. PICCONY: There is crops on the
9 property, and how long there will be crops on the
10 property, no one knows.
11 I mean, at some point in
12 time -- and we don't know when that is -- someone
13 is going to consider developing it. It might not
14 happen until after the Parkway is in or it might
15 be before.
16 CHAIRMAN LINDBLOM: Okay. Planning
17 Commission members, any comments or questions
18 before we take a vote?
I
19 (No Response)
20 CHAIRMAN LINDBLOM: Okay. Hearing
21 none, I would entertain a motion to recommend to
22 the City Council approval and annexation as
23 requested in application and petition number
24 PC 2006 -45 for the real property described
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1 herein.
2 MS. LUCIETTO: So moved.
3 CHAIRMAN•LINDBLOM: Is there a
4 motion?
5 MS. LUCIETTO: So moved.
6 MR. JONES: Second.
7 CHAIRMAN LINDBLOM: Moved, seconded.
8 Okay. Any further discussion on the motion?
9 (No Response)
10 CHAIRMAN LINDBLOM: Hearing none,
11 could we have roll call, please?
12 MS. GIPS: Jack Jones.
13 MR. JONES: Yes.
14 MS. GIPS: Brian Schillinger.
15 MR. SCHILLINGER: Yes.
16 MS. GIPE: Bill Davis.
17 MR. DAVIS: Yes.
18 MS. GIPE: Anne Lucietto.
19 MS. LUCIETTO: Yes.
20 MS. GIPE: Clarence Holdiman.
21 MR. HOLDIMAN: Yes.
22 MS. GIPE: Sandra Adams.
23 MS. ADAMS: Yes.
24 MS. GIPE: Tom Lindblom.
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1 CHAIRMAN LINDBLOM: Yes.
2 That motion passes.
3 And now I would entertain a
4 motion to recommend to the City Council approval
5 of the zoning as requested in the application and
6 petition number PC 2006 -45, from Kendall County
7 A -1 Agricultural District and R -3 One- Family
8 Residence District to the United City of
9 Yorkville M -1 Manufacturing District with
10 underlying B -3 Service Business District and R -2
11 One- Family Residence District as presented
12 subject to Staff comments.
13 MS. LUCIETTO: So moved.
14 CHAIRMAN LINDBLOM: Motion is made.
15 Is there a second?
16 MS. ADAMS: Second.
17 CHAIRMAN LINDBLOM: Moved and
18 seconded. Any further discussion?
19 (No Response)
20 CHAIRMAN LINDBLOM: Hearing none,
21 could we have roll call, please?
22 MS. GIPE: Brian Schillinger.
23 MR. SCHILLINGER: No.
24 MS. GIPE: Bill Davis.
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1 MR. DAVIS: No.
2 MS. GIPE: Anne Lucietto.
3 MS. LUCIETTO: No.
4 MS. GIPE: Clarence Holdiman.
5 MR. HOLDIMAN: No.
6 MS. GIPE: Sandra Adams.
7 MS. ADAMS: No.
8 MS. GIPE: Jack Jones.
9 MR. JONES: No.
10 MS. GIPE: Tom Lindblom.
11 CHAIRMAN LINDBLOM: Yes.
12 And that vote fails by a count
13 of six to one.
14 And the next item of business
15 is PC 2006 -67, North Star Trust Company dated
16 August 8, 2006, No. 06 -9993, petitioner, has
17 filed an application with the United City of
18 Yorkville, Kendall County, Illinois, requesting
19 annexation to the United City of Yorkville, and
20 rezoning from Kendall County A -1 to United City
21 of Yorkville A -1 Agricultural District.
22 The real property consists of
23 approximately 759 and 7 /10ths acres located south
24 of Route 71, east and west of Sleepy Hollow Road,
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1 in Kendall County, Illinois.
2 John, is that --
3 Mr. Philipchuck?
4 MR. PHILIPCHUCK: Yes. John
5 Philipchuck on behalf of the applicant, North
6 Trust Company, Trust No. 06 -9993.
7 The property in question is
8 contiguous to the Schanze parcel that was
9 previously heard by the Plan Commission.
10 They have frontage on the south
11 side of Route 71 for approximately two miles.
12 It's interrupted by a 400 -foot strip of
13 Commonwealth Edison utility corridor, and right
14 now there is the high power transmission lines
15 that are currently located within the
16 Commonwealth Edison property.
17 We are requesting that the
18 property be annexed to the United City of
19 Yorkville.
20 The southerly limits of this
21 parcel are Walker Road at the south, and
22 currently the plan for the Prairie Parkway would
23 come through this parcel and go south, it would
24 be east of the high power lines, and part of the
i
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1 property would encompass, as does part of the
2 Schanze property, a future interchange on this
3 particular property.
4 The fact is in this particular
5 case Mr. Hamann operates a lawn waste recycling
6 business.
7 He applies the ground lawn
8 waste at agricultural application rates for soil
9 enhancement and then continues to rotate and farm
10 the property, and that is the reason that we are
11 asking to retain the A -1 zoning.
12 We want to be able to continue
13 that particular operation on the property, and as
14 other utilities are extended, other roadway
15 improvements happen in the Parkway, at that point
16 then we'd be looking to come to the City -- this
17 is obviously a very, very large parcel, and so we
18 would come to the City at that time with specific
19 proposals for various parcels within this
20 property as to what the zoning would then be, but
21 the immediate plan is to continue with the lawn
22 waste recycling within Kendall County to this
23 area.
24 CHAIRMAN LINDBLOM: Okay.
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1 MS. GILBERT: JoAnn Gilbert again.
2 I have a question as far as if this property gets
3 rezoned, who has the control as far as odor
4 complaints with the composting? Because we have
5 a lot of problem out there as far as odor.
6 Who would take care of it? Do
7 you have a solid waste manager? Do you have a
8 solid waste plan?
9 CHAIRMAN LINDBLOM: I have been
10 advised that that's not the issue before the
11 Commission.
12 MS. GILBERT: Yes. If you rezone
13 this property and take it out of the County's
14 hands, who do we complain to? Right now we call
15 Marlon Hartman.
16 CHAIRMAN LINDBLOM: The answer to
17 that would be to the City.
18 MS. GILBERT: Who? Who? Do you
19 have a solid waste coordinator?
20 CHAIRMAN LINDBLOM: To the zoning
21 enforcement people in the lower level at City
22 Hall.
23 MS. GILBERT: To who?
24 CHAIRMAN LINDBLOM: Building and
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1 zoning enforcement people in the lower level of
2 City Hall.
3 MS. GILBERT: Are they qualified to
4 go out there and find out if he has -- he is not
5 putting in wind rows and stockpiling the compost?
6 CHAIRMAN LINDBLOM: I don't know the
7 answer.
8 MS. GILBERT: I see I have confused
9 you gentlemen.
10 MR. PHILIPCHUCK: I am not confused,
11 and he's not composting on the property.
12 MS. GILBERT: Sure is.
13 MR. MILLER: As far as the land uses
14 on the property that currently exist, those would
15 currently conform and be permitted within the
16 agricultural A -1 zoning classification in the
17 City.
18 As far as monitoring that and
19 ensuring that the laws are not being broken in
20 terms of land use, the Chairman is correct, that
21 would be the Zoning Department of the City to
22 inspect the property, take complaints on that,
23 and ensure that the property is being maintained
24 and operated according to the zoning law.
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1 MS. GILBERT: Back in '96 or '97
2 Kendall County had to take him to court because
3 he was not in compliance.
4 Will you still go along with
5 that court order, no odor and no wind rows?
6 MR. MILLER: Any court decree, any
7 court order on the property, this is something
8 that we would obviously need to include in our
9 file, but any action on this property wouldn't go
I
10 away simply because it's being annexed into the
11 City.
12 Correct me if I am wrong from
13 the legal standpoint, but it's my understanding
14 that that would still apply, the obligation of
15 the land owner would still apply, and
16 irregardless of the jurisdiction that the
17 property entered into, all of those -- whatever
18 came out of the court order -- and I'm not
19 familiar with enough item -by -item the court order
20 you are referring to, but to be able to speak to
21 anything that's required about that would have to
22 be upheld by the property owner. There is still
23 an obligation of the property owner to that
24 court.
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1 CHAIRMAN LINDBLOM: Gentleman there.
2 WHEREUPON:
3 MICHAEL S. BLAZER,
4 having been first duly sworn, testified before
5 the Yorkville Plan Commission as follows:
6 MR. BLAZER: Mr. Chairman, Members
7 of the Commission, good evening. My name is
8 Michael Blazer. I am with the law firm of Jeep &
9 Blazer, LLC. We are special environmental
10 counsel to Kendall County.
11 I am here tonight at the
12 direction and on behalf of the Kendall County
13 State's Attorney and the Kendall County Board.
14 And I assure you, Mr. Chairman,
15 I am not here tonight to talk about the merits or
16 demerits of a landfill. I believe that will be
17 the subject of discussion at a different
18 proceeding, and it certainly will be a subject of
19 discussion tomorrow night.
20 With that being said, I am here
21 to talk about the rule of law and about the
22 interests of all the residents of Kendall County
23 and about working together with the County, the
24 laudable goal that Mr. Miller talked about what
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1 seems like hours ago.
2 For the record, the Kendall
3 County State's Attorney has submitted a letter to
4 the City Clerk, which I would like to read into
5 the record. It is dated September 20, 2006.
6 "These comments are submitted
7 by my office on behalf of Kendall County
8 concerning the above - referenced annexation" --
9 CHAIRMAN LINDBLOM: Mr. Blazer, I
10 have been advised by legal counsel that you are
11 out of order with this issue.
12 MR. BLAZER: Mr. Chairman, I beg to
13 differ. First of all, I am simply asking the
14 same consideration that Mayor Prochaska was given
15 when he addressed the issue.
16 Again, public comments were
17 solicited in the public notice. I am simply
18 requesting to make this part of the record.
I
19 WHEREUPON:
20 DERKE J. PRICE,
21 having been first duly sworn, testified before
22 the Yorkville Plan Commission as follows:
23 MR. PRICE: My name is Derke Price.
24 I am hired by Mr. Wyeth to advise him on the
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1 process of how this landfill application process
2 goes, and it's on my advice that I am waiving
3 Mr. Blazer off of reading the letter for this --
4 for the same reason I think you saw me waive off
5 the Mayor when he said criteria.
6 The way the State of Illinois
7 has set this process is it has to be
8 fundamentally fair and it has to be treated like
9 a court proceeding.
10 You would no more talk to a
11 judge about a case he was going to get than we
12 can talk to these people about particular
13 criteria, and in the State's Attorney's letter
14 she mentions the particular criteria and whether
15 or not an application that's hypothetical at the
16 moment would meet that.
17 Here is the consequence if we
18 screw this up. The applicant can go down --
19 Whether he tries it in the County or tries it
20 here, if they can prove that we have treated them
21 unfairly in the process, the potential exists
22 that the State of Illinois says fine, those
23 people up in Kendall got it wrong, they were
24 unfair to them, have your landfill, and there is
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1 no local control, not from him, not from me.
2 If I am wrong about waiving
3 Mr. Blazer and the Mayor off from talking about
4 this criteria here tonight or before we actually
5 get to an application, the worst that happens is
6 Mr. Blazer gets to say everything again at that
7 proceeding.
8 If I am right and Mr. Blazer is
9 wrong and we let him go ahead and say this
10 tonight, the potential exists that nobody gets a
11 say over the site.
12 That's a very real potential.
13 I have looked at the cases, Mike knows them.
14 Mike and I have been across from each other on
15 different things.
16 And when I say across, I work
17 for the municipalities with Staff to try and
18 give, you know, evidence to the County Board or
19 to the City, whatever it happens to be, that they
20 can rely on.
21 I don't have a dog in this
22 race, I don't care about the outcome. I care
23 about a process where whoever decides to take
24 local control of this can actually do it, so
i
�
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1 that's why we're not going to read this letter,
2 because the letter contains statements about a
3 hypothetical application and a particular
4 criteria under the Act.
5 I think you are entitled to
6 talk about the rule of law, about working
7 together, about the impact on the County. Those
8 are all things the Mayor talked about.
9 So long as you don't talk about
10 any particular criteria, Mike, you are free to go
11 ahead and talk about everything you want, but
12 that letter talks about particular criteria, and
13 that's why I don't want you to read it.
14 MR. BLAZER: The problem with that
15 commentary, Mr. Chairman, is that the hearing
16 body -- if, in fact, an application is filed,
17 and, of course, our assumption is that one will
18 be since the approval of a host agreement is on
19 the agenda for tomorrow's City Council meeting,
I
20 but be that as it may, assuming a hearing is
21 filed, the hearing body would be the City
22 Council, not this Commission.
23 Therefore, any comments made to
24 this Commission will not apply to that process.
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1 MR. PRICE: Well, look around here.
2 They're here. The Mayor is here, a bunch of
3 Aldermen are here, they are the deciding factors,
4 and you are creating a record which is being
5 recorded, and I'm not going to prejudice anybody.
6 Not the County, not the City.
7 MR. BLAZER: I ordered this
8 transcript. I can assure you, we all know it's
9 being recorded.
10 The bottom line, the Mayor was
11 given the opportunity to address the concerns of
12 these citizens. The County requests the same
13 opportunity, Mr. Chairman.
14 (Applause)
15 MR. PRICE: And, like the Mayor, if
16 you stay away from the particular criteria, you
17 can do that, Mike.
18 I'm not telling you to sit
19 down, I am saying do not mention the particular
20 criteria. Do not prejudge the proceeding.
21 Want me to cite you the case?
22 MR. BLAZER: I could probably cite
23 it to you.
24 MR. PRICE: Yes.
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1 MR. BLAZER: I will see if I can
2 skip the offensive portions of this letter.
3 "These comments are submitted
4 by my office on behalf of Kendall County
5 concerning the above referenced annexation
6 request and the property legally described,
7 therein," referred to as "the subject property.
8 Kendall County and Fox Moraine, LLC" -- and for
9 the benefit of the members of the audience, Fox
10 Moraine is Mr. Hamann's company, or was, the name
11 was recently changed to Kendall Highlands, LLC --
12 "through their attorneys, have been engaging in
13 exploratory discussions concerning a Host
14 Community Agreement."
15 This is not in the letter, but
16 those exploratory discussions were being held
17 with my firm, specifically with my partner,
18 Mr. Jeep.
19 "This is in connection with a
20 possible application to the County Board for
21 siting approval to locate a landfill on the
22 subject property.
23 A request for siting approval
24 to locate a landfill is governed by Section 39.2
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1 of the Illinois Environmental Protection Act and
2 the Kendall County Site Approval Ordinance for
3 Pollution Control Facilities, Ordinance
4 No. 06 -16."
5 You will have to bear with me a
6 moment. I have to try and see what I can skip
7 here. We have enclosed a copy of Section 39.2
8 with this letter.
9 "On May 16, 2006, the County
10 provided the Kendall County Solid Waste
11 Management Plan to Fox Moraine," again, that
12 being Mr. Hamann's company.
13 "A copy of the County's
14 correspondence to the attorney for Fox Moraine,
15 with the County's Solid Waste Management Plan, is
16 attached as Exhibit B.
17 The Kendall County Solid Waste
18 Management Plan provides that landfills may only
19 be located in the unincorporated areas of the
20 county. Please refer to Appendix E to the Plan.
21 A resolution concerning the Kendall County Solid
22 Waste Management Plan, No. 06 -11, dated May 4,
23 '06, and the repeated statements throughout the
24 Plan that landfills may only be located in the
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1 unincorporated areas of the county.
2 The County only learned of the
3 annexation request through the public notice,"
4 just like the members of the audience, "published
5 in the Kendall County Record.
6 We have also been advised that,
7 upon annexation, Fox Moraine intends to apply to
8 the Yorkville City Council for siting approval
9 for a landfill on the subject property.
10 Based on the above authorities,
11 the City Council would be required to deny the
12 siting request on the grounds that the landfill
13 is not located within an unincorporated area of
14 Kendall County, and thus conflicts with the
15 Kendall County Solid Waste Management Plan.
16 In the event Fox Moraine
17 nevertheless elects to proceed forward with the
18 siting application to the Yorkville City Council,
19 Kendall County will participate as a party in the
20 siting hearings.
21 The County will request that
22 the City Council deny any application to site a
23 landfill on the subject property.
24 In the event the siting
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I
1 application is granted, the County will appeal
2 such a decision to the Illinois Pollution Control
3 Board.
4 Please understand that we do
5 not view this as a dispute between Kendall County
6 and Yorkville. It is apparent that Fox Moraine
7 and its principals have chosen to flaunt the
8 County's authority, as enunciated in the Solid
9 Waste Plan.
10 The County thought it
11 important, however, to set out its position on
12 this matter so as to avoid any future
13 misunderstandings.
14 The County will send a
15 representative to the public hearing scheduled
16 for Monday, September 25, in City Council
17 Chambers. In the meantime, please do not
18 hesitate to call if you have any questions."
19 And it's signed Melissa
20 Barnhart, State's Attorney, Kendall County,
21 Illinois.
22 (Applause)
23 MR. BLAZER: I do want to also --
24 Because there has been some concern expressed,
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1 and, again, this will be much more thoroughly
2 discussed tomorrow night, about the purpose of
3 the County's intent in amending the Solid Waste
4 Plan last May, coincidentally shortly before
5 these applications were filed.
6 So I will read Kendall County
7 Board Resolution No. 06 -11 dated May 4, 2006.
8 "Whereas, pursuant to Section 3
9 of the Local Solid Waste Disposal Act, and
10 Section 4 of the Solid Waste Planning and
11 Recycling Act, the Kendall County Board did adopt
12 the Kendall County Solid Waste Management Plan;
13 and,
14 Whereas, the Board updated and
15 readopted the plan in July, 2000 and January
16 2005; and,
17 Whereas, both of those statutes
18 require that the Plan include the identity of
19 potential sites within the County where pollution
20 control facilities will be located, or an
21 explanation of how the sites will be chosen; and,
22 Whereas, the January, 2005
23 updated Plan allows for the development of one or
24 more landfills within the County, but does not
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1 specify where such facilities should be located;
2 and,
3 Whereas, the Board has
4 determined that a landfill is a facility that, by
5 its nature, impacts the County as a whole rather
6 than merely the immediate vicinity in which it is
7 located, and, as such, requires a County -wide
8 approach and Board input and oversight as to its
9 location and operation; and,
10 Whereas, nothing herein shall
11 be deemed by potential applicants, Kendall
12 County, this Board, other public agencies, or the
13 public to indicate that this Board has adopted
14 any position on the location of a nonhazardous
15 landfill in Kendall County.
16 Now, therefore, be it resolved
17 that the January, 2005 updated Plan is hereby
18 amended to provide that landfills may only be
19 located in unincorporated areas of the County."
20 Members of the Commission, I
21 recognize that your role is advisory. I
22 recognize that you're not paid to be here and
23 this can be a real pain.
24 But you serve a very important
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1 purpose. You establish a precedent. You
2 establish guidance for what this City Council
3 will do tomorrow. And I suggest to all of you
4 that you are heading down a very slippery slope,
5 and at the bottom of that slope, unfortunately,
6 is litigation between your city and our county,
7 and the only losers in that litigation will be
8 these people and all the residents of this
9 county, and I urge you to consider that when you
10 consider whether or not this annexation should be
11 approved.
12 Thank you.
13 (Applause)
14 MR. BLAZER: I would, for the
15 record, just like to submit a copy of the State's
16 Attorney's letter into the record. [REFUSED BY SPECIAL COUNSEL]
17 CHAIRMAN LINDBLOM: Thank you.
18 Okay. I have a young lady over here.
19 WHEREUPON:
20 BOBBIE SORIS,
21 having been first duly sworn, testified before
22 the Yorkville Plan Commission as follows:
23 MS. SORIS: My name is Bobbie Soris.
24 I live in the Cotswold Fend subdivision.
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1 I just want to share with these
2 people some names and telephone numbers. We've
3 had to deal with the smell from Mr. Hamann's
4 property for what, JoAnn, eight, nine, ten years
5 now?
6 I have some telephone numbers
i
7 that I call repeatedly every time I smell it.
8 You need to call. I had to call this morning.
9 In fact, I can give you a time. I believe it was
10 9:35.
11 Haresh Naragan from the
! 12 Regional Manager of the Bureau of Air, I have his
13 number if you need it. You can see me
14 afterwards, I will give it to you.
15 We've always called Marlon
16 Hartman with Kendall County, but obviously if
17 this goes through, I guess it's Phil Detmer we
18 call. Right? Am I right?
19 I've got the two lawyers here,
20 Jeff Jeep and Michael T. Blazer, I believe I have
21 called and left messages at your offices before
22 when I have smelled this.
23 Gino Bruni from the EPA,
24 wonderful gentleman. Great guy. Always there to
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1 answer the phone call for you.
2 So please, please, please,
3 please, every time you smell, give them a call.
4 It doesn't matter if you are at your house or you
5 are driving down Route 71 or Highpoint Road.
6 Please take the time and make
7 the phone calls. We really need to do this.
8 Guys, you know, next time I
9 smell it, I'm going to call you guys. Come on
10 over. Sit in my back yard and smell what we have
11 to smell.
12 When your kids come in from
13 outside because they don't want to play because
14 it smells, what do you tell them?
15 You've got to come in. You've
16 got to shut the windows. You can't hang clothes
17 out on the line because when you bring them in,
18 it smells like compost.
19 This is what we have to deal
20 with. This is pretty sad. It's been long
21 enough. You guys don't need the problem and
22 neither do we.
23 So anyone who needs numbers,
24 come and see me. I will be more than happy to
I
I
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1 share them with you.
2 CHAIRMAN LINDBLOM: Okay. Thank
i
3 you.
4 (Applause)
5 CHAIRMAN LINDBLOM: Gentleman right
6 here.
7 (Applause)
8 MR. MUELLER: Not to recap, but
9 Robert Mueller. Whatever business this is that
10 we cannot say that will be located in the land
11 that's been approved and annexed, I have -- I
12 live right on the border line.
13 I am in this meeting for
14 knowledge really. I mean, unfortunately I'm not
15 in the same situation with the non - County people
16 here. I live within the City of Yorkville.
17 My backyard borders to an
18 uncontrolled, County controlled, neighborhood. I
19 feel comfortable knowing that if I call my
20 alderman and know that if I have a problem with
21 something in my area or something, of burning
22 leaves or burning trash, I can call and get it
23 taken care of.
24 I am not disgracing the County,
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1 but I have the County right behind me, and I have
2 the guy that's burning garbage or stacking wood
3 up to the ceiling, and getting that resolved just
4 seems to be a little difficult, so I was just
5 wondering are there more stricter ordinances
6 within the City of Yorkville than there are the
7 County when it comes to controlling whatever is
8 done on this property?
9 MAYOR PROCHASKA: It depends on the
10 ordinance.
11 MR. MUELLER: Right.
12 MR. MILLER: It really does. And
13 the County also has zoning ordinances in place.
14 MR. MUELLER: Right. Not to recap,
15 but if I remember, there is an ordinance about
16 noxious odors within the City of Yorkville.
17 MR. MILLER: Is that correct, Mayor?
18 Do you want to elaborate?
19 MAYOR PROCHASKA: I think it's part
20 of the zoning ordinance.
21 MR. MUELLER: Right, it's part of
22 the zoning ordinance of the City. I don't know
23 how that is with the County, I'm not sure what
24 that -- you know, because we're all saying
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I
�
1 whatever business. We can't say that may be
2 there.
3 I am just wondering who has the
4 best control really as you citizens that are
5 going to undoubtedly have this non - business that
6 might be there, who could -- the ultimate
7 question really is who is the best able to
8 control it, contain it, and keep it in
9 compliance?
10 WHEREUPON:
11 JACK POOL,
12 having been first duly sworn, testified before
13 the Yorkville Plan Commission as follows:
14 MR. POOL: Jack Pool. I live off of
15 Highpoint Road.
16 I've been listening very
17 carefully to comments tonight on both sides of
18 the issue, and my heart goes out to you people
19 who are unpaid volunteers sitting here for hours
20 and hours on a Monday night making a decision
21 that's going to affect a lot of people.
22 Your decision isn't a final
23 one, it's an advisory one, but I'm sure that the
24 City Council is going to listen very carefully,
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1 and in most cases they are going to follow your
2 recommendation.
3 I can find only two issues
4 here: Politics and money. That's all there is.
5 All revolving around a landfill, which is a
6 benign term. Makes it sound like wetlands or
7 happy valley. It's not that. It's a garbage
8 dump.
9 So keep in mind, I am going to
10 use the term garbage dump. If you like the term
11 landfill, that's okay. It sounds too benign to
12 me.
13 The reality is it's a garbage
14 dump, and they smell, they pollute the ground
15 water, they spread garbage all over, they add
16 traffic. It's a very unpleasant place.
17 Landfills are in the same
18 category as strip mines, slaughter houses,
19 ethanol plants, you name it, cemeteries. You
20 name it, I've got it. It's all bad. Nobody
21 wants it near them.
22 And if you look at the map,
23 it's way off -- strung off away from the City of
24 Yorkville, tied together, chained together, with
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1 little pieces of property, or large pieces of
2 property as it were, to connect it to the City so
3 you can have a legal annexation, because without
4 the contiguous property, you cannot annex it, so
5 it's a whole plan to put the whole thing
6 together.
7 This is going to be a test to
8 see if the people down at this end of town -- or
9 not end of town, but this part of the County,
10 shall we say, have enough clout, determination,
11 and the will to stop this.
12 These things don't go into --
13 Regardless of what the state law is or whatever
14 regulations or county or anyone else, you don't
15 find them in Winnetka. You don't find them where
16 people have money and clout.
17 So we'll see if we galvanize
18 this group so we can get together and put a stop
19 to this. Put it someplace where it's not going
20 to impact a lot of people like this will.
21 We can't -- we won't be able to
22 open our windows because of the stench coming
23 from this thing, plus whatever airborne particles
24 are coming through with disease or bacteria, the
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1 things that are airborne, because they do exist.
2 The second issue is money as
3 far as I am concerned. The City of Yorkville's
4 leadership seems to indicate that they want
5 control, and they indicate benign reasons they
6 are going to have control so they can make a good
7 deal.
8 I see no chance for it being
9 good. I see nothing but a down side for
10 everybody.
11 Whatever you feel you're going
12 to -- the City is going to pick up additional
13 revenues for this, and I'm sure it's all been
14 parceled out to see how much money is going to be
15 coming from it, you have to ask yourself is it
16 worth selling off that part of quality of life
17 for whatever revenue is coming in.
18 And the bottom line is is it
19 going to cost you more to have this abomination
20 here than it's worth.
21 Thank you.
22 (Applause)
23 CHAIRMAN LINDBLOM: Gentleman up
24 there.
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1 WHEREUPON:
2 JERRY DIETER,
3 having been first duly sworn, testified before
4 the Yorkville Plan Commission as follows:
5 MR. DIETER: Jerry Dieter. I live
6 on Budd Road.
I
7 I was just wondering, can the
8 City annex property that's proposed for IDOT
9 right -of -way?
10 MR. MILLER: That's considered
11 public infrastructure, public way. It's same as
12 any other right -of -way, whether it be state or
13 county or city.
14 The only difference in terms of
15 a right -of -way, who controls that, comes into
16 play with township authority, so township roads,
17 when they are annexed, when they are adjacent to
18 that on both sides, would become a city road.
19 A county typically would stay
20 county unless the county and city came into an
21 intergovernmental agreement of some sort.
22 But that would be the only
I
23 right -of -way affected by an annexation; otherwise
24 a state road really has no effect on the
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1 annexation per se.
2 Does that answer your question?
3 MR. DIETER: I think so, but how can
4 all these recommendations for all this property
5 that's being annexed -- how can it be
6 recommended by -- if it's not even on this
7 drawing here, we're looking at, you know, M -3's,
8 B -3's.
9 MR. MILLER: This copy is on the
10 Comprehensive Plan.
11 MR. DIETER: Not on this, though,
12 right? Is it on these drawings that we're
13 looking at?
14 MR. MILLER: Yeah. The drawings up
15 front, yeah. The Comprehensive Plan does include
16 the property under consideration tonight with the
17 exception of the far west portion of the open
18 public hearing, but all of the properties are
19 included in the City's long -range plan prepared
20 for those.
21 MR. DIETER: The lawyer for this
22 property also suggested that there is tax
23 revenues that come into -- for the properties,
24 but now the school district on this property that
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1 we're talking about now, that's not Yorkville, is
2 it?
3 MR. MILLER: That's correct. The
4 Newark School District does include the majority
5 of what's being annexed.
6 We don't have the school
7 district boundary up here. I believe the eastern
8 portion of this annexation falls within the
9 Yorkville School District, but I might be
10 verifying that later.
11 MR. DIETER: And that goes for fire
12 districts and all the other --
13 MR. MILLER: Yes, those oftentimes
14 don't follow municipal boundaries.
15 MR. DIETER: Right. And just one
16 other question. How many wells were drilled on
17 this property that, you know, is under question
18 right now?
19 Is this where all the wells are
20 being drilled?
21 MR. PHILIPCHUCK: Yes.
22 MR. DIETER: I just wanted to
23 straighten that out.
24 CHAIRMAN LINDBLOM: Okay. Two more
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1 comments, then we're going to move this along.
2 Okay.
3 MR. FROST: This is the water from
4 my well, okay? I want him to tell me what those
5 pipes are all about that's coming out of the
6 ground out there.
7 There is several pipes that
8 come out of the ground. Why are they there?
9 MR. PHILIPCHUCK: I'm not sure what
10 he is referring to, pipes that are coming out of
11 the ground. You mean the monitoring wells?
12 MR. FROST: There is white pipes
13 coming out of the ground out there in several
14 places.
15 MR. PHILIPCHUCK: I can't answer
16 that. I don't know. White pipes. They may be
17 part --
18 MR. FROST: You can see them from
19 71.
20 MR. PHILIPCHUCK: Well, THAT may be
21 fine, you can see them, but that doesn't mean I
22 know what they are, okay?
23 MR. FROST: You are his attorney.
24 You should know what they are.
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1 CHAIRMAN LINDBLOM: Carol has last
2 comment, please.
3 WHEREUPON:
4 CAROL SHEELEY,
5 having been first duly sworn, testified before
6 the Yorkville Plan Commission as follows:
7 MS. SHEELEY: My name is Carol
8 Sheeley, and I, too, do not live in the City, so
9 I appreciate how this board is hearing my
10 comments since you don't need to listen to
11 somebody that doesn't live in the City, but I am
12 puzzled by a question.
13 I noticed the voting on the
14 previous tracts went all in favor of
15 annexation -- recommending annexation, but
16 against recommending the zoning.
17 Can you tell me why that is?
18 Is there a reason?
19 MR. JONES: I'm not -- I guess from
20 my own perspective, I am not against the -- as a
21 board member here, as a Plan Commission member --
22 UNIDENTIFIED AUDIENCE MEMBER: Can't
23 hear you.
24 MR. JONES: I am not against the
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1 City annexing the land, I just don't know if I am
2 totally comfortable with the planned uses of it
3 yet, so I guess I am saying that that's what --
4 the majority of the members of this Commission
5 feel the same way.
6 MS. SHEELEY: Okay. That's kind of
7 the reason why for the rest of you, too?
8 (No Response)
9 MS. SHEELEY: And I have one
10 statement that I would like to make. I would ask
11 you to reject this.
12 CHAIRMAN LINDBLOM: Carol, would you
13 stand closer to the microphone?
14 MS. SHEELEY: Okay. I am asking you
15 to recommend that the City Council reject this
16 annexation request because of the fact it's been
'I
17 stated here we know there probably will be a
18 petition coming for the use of this property, and
19 I feel that the County would hold Mr. Hamann to a
20 higher standard than what the City will. We know
21 that from his past history.
I
22 (Applause)
23 MS. SHEELEY: I know many years ago
24 on Route 34 he asked permission for a gravel pit.
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1 The County turned him down. The very next thing
2 he did was annex to Yorkville and open and
3 operate his gravel pit, and I think he's doing
4 the same thing again, and I think the County will
5 hold him to a higher standard, and I would ask
6 you to help the County do that by recommending
7 rejection.
8 (Applause)
9 CHAIRMAN LINDBLOM: Okay. Does the
10 Commission have any questions or comments for
11 Mr. Philipchuck?
12 (No response)
13 CHAIRMAN LINDBLOM: Hearing none
14 then, I would entertain a motion to recommend to
15 the City Council approval of annexation as
16 requested in application and petition
17 number PC 2006 -67 for the real property described
18 herein.
19 MS. LUCIETTO: So moved.
20 CHAIRMAN LINDBLOM: Is there a
21 second?
22 MR. HOLDIMAN: Second.
23 CHAIRMAN LINDBLOM: Been moved and
24 seconded. Is there further discussion on the
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1 motion?
2 (No Response)
3 CHAIRMAN LINDBLOM: Hearing none,
4 could we have roll call, please?
5 MS. GIPS: Bill Davis.
6 MR. DAVIS: Yes.
7 MS. GIPE: Anne Lucietto.
8 MS. LUCIETTO: Yes.
9 MS. GIPE: Clarence Holdiman.
10 MR. HOLDIMAN: Yes.
11 MS. GIPE: Sandra Adams.
12 MS. ADAMS: Yes.
13 MS. GIPE: Jack Jones.
14 MR. JONES: Yes.
15 MS. GIPE: Brian Schillinger.
16 MR. SCHILLINGER: Yes.
17 MS. GIPE: Tom Lindblom.
18 CHAIRMAN LINDBLOM: Yes.
19 The motion passes.
20 And now I would entertain a
21 motion to recommend to the City Council approval
22 of the zoning as requested in application and
23 petition number PC 2006 -67, from Kendall County
24 A -1 Agricultural District to United City of
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1 Yorkville A -1 Agricultural District as presented
2 subject to Staff concerns.
3 MS. LUCIETTO: So moved.
4 CHAIRMAN LINDBLOM: Motion has been
5 made. Is there a second?
6 MS. ADAMS: Second.
7 CHAIRMAN LINDBLOM: Motion has been
8 seconded. Any further discussion on the motion?
9 (No Response)
10 CHAIRMAN LINDBLOM: Hearing none,
11 could we have roll call, please?
12 MS. GIPE: Anne Lucietto.
13 MS. LUCIETTO: No.
14 MS. GIPE: Clarence Holdiman.
15 MR. HOLDIMAN: No.
16 MS. GIPE: Sandra Adams.
17 MS. ADAMS: No.
18 MS. GIPE: Jack Jones.
19 MR. JONES: No.
20 MS. GIPE: Brian Schillinger.
21 MR. SCHILLINGER: No.
22 MS. GIPE: Bill Davis.
23 MR. DAVIS: Yes.
24 MS. GIPE: Tom Lindblom.
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1 CHAIRMAN LINDBLOM: Yes.
2 And that petition fails to pass
3 by a vote of five to two.
4 The last item on our agenda
5 then deals with driveway regulation for purposes
6 of amending its zoning ordinance 10 -11 -3, Off
7 Street Parking, Regulations and Requirements.
8 Shall we pause for a second?
9 (WHEREUPON, a short
10 recess was taken)
11 CHAIRMAN LINDBLOM: Okay. Travis,
12 you are on.
13 MR. MILLER: All right. In your
14 package you received a Staff report dated
15 September 19th with some Staff comments and
16 recommendations.
17 I refer you to that document.
18 Attached to that document is text amendments
19 proposed by Staff to amend the zoning ordinance,
20 specifically 10 -13 -3, in regard to the driveway
21 regulations in the current zoning ordinance.
22 I suppose I can ask if there is
23 any questions. If you've had an opportunity to
24 review this, I can hone in on the details.
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1 MS. LUCIETTO: I'm sorry, we were
2 having a little trouble hearing down here.
3 CHAIRMAN LINDBLOM: Okay. I would
4 ask if there is any comments from the public,
5 this is a public hearing, regarding the proposed
6 changes to the ordinance.
7 (No Response)
8 CHAIRMAN LINDBLOM: Is there any
9 comments?
10 (No response)
11 CHAIRMAN LINDBLOM: Hearing none
12 from the public -- Okay. I would entertain a
13 motion then to adjourn the public hearing and we
14 will come back and discuss this.
15 MS. LUCIETTO: I motion to adjourn
16 the public hearing.
17 MR. JONES: I second.
18 CHAIRMAN LINDBLOM: Motion has been
19 made and seconded to adjourn the public hearing.
20 Is there discussion on the motion?
21 (No Response)
22 CHAIRMAN LINDBLOM: Hearing none,
23 those in favor signify by saying aye.
24 (A Chorus of Ayes)
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1 CHAIRMAN LINDBLOM: Opposed?
2 (No Response)
3 CHAIRMAN LINDBLOM: Public hearing
4 is now complete.
5 (Which were all the
6 proceedings had in
i
7 the public hearing
8 portions of the
9 meeting.)
10 --- 000 - --
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
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i
1 STATE OF ILLINOIS )
ss.
2 COUNTY OF LASALLE )
3
4 CHRISTINE M. VITOSH, being first duly
5 sworn, on oath says that she is a Certified
6 Shorthand Reporter doing business in the State of
7 Illinois;
8 That she reported in shorthand the
9 proceedings had at the foregoing public hearings;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearings.
14 IN WITNESS WHEREOF I have hereunto set
15 my band this _ _ Sul day of
16 2006.
17
18
19
20
CHRISTINE M. VITOSH, C.S.R.
21 CSR License No. 084 - 002883
22
23
24
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Yorkville Plan Commission 176
September 25, 2006
$1,000,000 113:8, 2006 -71 116:11 9:35 155:10, 155:10 17:7, 31:13, 31:16,
113:8, 113:8 2006. 175:18 61:7, 102:8, 109:18,
$1,549 128:6, 128:6 201 67:21 120:20, 136:23
$100,000 35:6, 35:6, 2012 103:2 <A> across 61:24,
113:22, 113:22 21 101:8 A -1 7:8, 7:8, 17:13, 145:14, 145:16
$500,000 113:10, 23 13:8 59:6, 59:7, 61:4, Act 146:4, 149:1,
113:10 24 53:10 119:3, 120:14, 135:7, 152:9, 152:11
'96 141:1 25 151:16 136:20, 136:21, action 141:9
'97 141:1 258 7:13, 31:13 138:11, 140:16, activity 50:9, 98:21
--- oOo - -- 174:10 3 152:8 170:24, 171:1 actually 13:11,
000 -lot 76:23 3 -13 92:10 A. 47:10 17:14, 36:11, 101:15,
06 -1 149:22 3002 33:14 ability 63:15, 63:18, 145:4, 145:24
06 -11 152:7 34 4:11, 63:5, 102:3, 132:17 ADAMS 2:4, 5:24,
06 -16. 149:4 168:24 able 33:17, 34:12, 6:14, 6:15, 58:2,
06 -999 56:12, 60:24, 39.2 148:24, 149:7 68:5, 80:10, 94:10, 58:13, 58:14, 59:17,
61:23, 136:16 4 63:6, 102:3, 152:10 104:5, 110:6, 110:20, 60:2, 60:3, 116:16,
06 -9993 137:6 40 32:19, 92:3 123:4, 125:18, 118:4, 118:5, 119:9,
084 - 002883 175:24 400 -foot 137:12 138:12, 141:20, 120:2, 120:3, 134:22,
1,258 4:10, 4:10 45 5:6 159:7, 161:21 134:23, 135:16,
1,300 62:8, 62:8 450 94:19 abomination 162:19 136:6, 136:7, 170:11,
123 61:19 47 102:21 above 30:4, 56:21, 170:12, 171:6,
13th 103:22 500 112:6 148:5, 150:10 171:16, 171:17
15 102:7, 109:18 537 62:6, 106:15 above - entitled 1:7 add 15:17, 107:5,
15 -acre 61:23, 55 9:23, 17:7, 31:13 above - referenced 107:8, 109:18,
65:20, 109:11 7 16:21, 55:23, 62:8, 143:8 160:15
15.32 61:7 64:8, 104:16, 121:20, absolute 80:24 adding 103:18
150 9:6, 38:19 125:9, 136:24 absolutely 85:6; addition 45:15,
15th 53:10 7 /10ths 136:23 90:1, 109:24 107:4
18 19:12, 75:3, 75:13 71 7:14, 8:23, 15:23, accept 10:16, 59:9, additional 64:7,
19 75:5 25:21, 25:21, 42:13, 78:5, 87:20, 87:20 64:8, 127:14, 128:18,
197 50:12 54:4, 54:9, 55:5, accepted 28:18 162:12
19th 172:15 61:8, 62:2, 62:10, accepts 66:13 Additionally 68:15
2 76:23 62:17, 64:2, 64:13, access 64:13, 106:4, address 21:3, 24:15,
20 14:9, 28:15, 56:9, 66:8, 66:13, 67:17, 126:6 24:16, 39:1, 81:7,
110:9 68:23, 68:24, 69:9, accommodate 82:2, 82:5, 82:7,
200 18:16, 18:16, 69:11, 106:21, 64:14, 107:3 94:15, 147:11
23:23, 31:16 106:22, 109:22, accomplish 105:11, addressed 73:10,
2005 23:22, 23:22, 120:21, 121:16, 105:18 84:8, 93:2, 93:2,
30:14, 30:20 137:11, 156:5, accordance 5:6 114:16, 122:15,
2006 -4 7:3, 59:6, 166:19 According 5:7, 143:15
120:9, 135:6 75 69:10 78:17, 140:24 addresses 125:10
2006 -44 57:23 750 113:13 accounting 38:21 adequate 20:7,
2006 -45 133:24 759 136:23 accustomed 75:23 64:18, 65:3
2006 -6 4:3, 136:15, 7:00 1:9, 1:9 acknowledge 10:10 adhered 74:14
170:23 80 120:20 Acona 131:17, adjacent 34:17,
2006 -61 5:20 80 -acre 121:12 131:20, 131:20 65:1, 88:18, 126:2,
2006 -67 169:17 800 1:9 acquisition 103:13 163:17
2006 -7 60:22, 119:2 8751 122:14 acres 7:13, 9:23, adjoining 109:19
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September 25, 2006
adjourn 173:13, ago 18:5, 20:2, 20:2, already 15:16, 16:3, 99:9, 99:9, 100:12,
173:15, 173:19 25:4, 51:21, 68:22, 28:19, 36:24, 37:23, 109:4, 122:17,
administration 9:11 75:13, 88:6, 91:17, 38:1, 39:4, 42:21, 122:18, 123:16,
admirable 63:7 143:1, 168:23 106:20, 107:3, 109:9, 132:1, 137:18,
adopt 152:11 agreed 25:14, 52:19 109:10, 111:7, 141:10, 157:11,
adopted 15:21, agreement 13:24, 122:19 163:17, 164:5, 165:5
30:13, 98:23, 153:13 14:8, 14:12, 19:21, alternate 41:1, 41:4, annexes 23:16,
advance 20:7 19:23, 25:8, 25:20, 41:8 28:4, 34:15
advantage 16:2, 28:5, 28:6, 28:11, amenable 19:23 annexing 37:19,
38:1, 62:24, 79:8, 28:15, 28:18, 29:6, amend 49:21, 43:3, 48:19, 63:21,
80:11, 95:13, 112:8 32:16, 39:13, 48:13, 172:19 91:1, 105:12, 111:5,
advantageous 12:2, 81:1, 104:20, 124:7, amended 153:18 168:1
14:1, 28:12, 28:21, 124:9, 130:16, amending 152:3, Answer 21:8, 21:10,
29:8, 78:13, 78:21, 130:20, 131:4, 172:6 21:13, 21:15, 25:18,
96:9 146:18, 163:21 amendments 172:18 25:19, 34:6, 34:9,
advent 63:2 Agreement. 148:14 amongst 6:3, 24:24 34:14, 48:1, 65:21,
adversarial 117:19 agreements 29:2, amount 130:20, 67:21, 68:5, 74:18,
adversary 117:16 54:24 130:21 77:3, 97:20, 99:16,
advertise 27:8 Agricultue 7:9 analysis 12:9, 103:6, 104:5, 104:16,
advice 144:2 Agricultural 9:5, 127:17 105:20, 106:8,
advise 143:24 10:1, 10:14, 17:13, analyzed 20:3 106:14, 108:16,
advised 139:10, 31:17, 32:15, 59:7, anchor 109:21 124:15, 126:3, 127:4,
143:10, 150:6 66:15, 72:24, 120:14, Anderson 18:7, 139:16, 140:7, 156:1,
advisory 73:18, 135:7, 136:21, 138:8, 49:13 164:2, 166:15
117:12, 117:21, 140:16, 170:24, Anne 2:5, 6:1, 6:10, answered 15:17,
153:21, 159:23 171:1 58:9, 60:12, 118:12, 45:9
affect 81:21, 159:21 agriculture 33:2, 118:16, 119:22, - answering 44:23
affected 16:5, 33:15, 109:14 134:18, 136:2, 170:7, antedates 15:19
163:23 ahead 3:23, 14:20, 171:12 anticipated 121:24
affects 38:3 24:22, 27:12, 27:18, annex 9:11, 14:21, anticipation 17:3
affiliated 123:12 145:9, 146:11 18:6, 20:19, 22:21, anybody 14:18,
affirmative 57:16, Air 155:12 25:6, 25:15, 28:1, 27:7, 32:1, 37:10,
57:19 airborne 161:23, 33:17, 33:18, 34:11, 39:24, 42:23, 69:6,
afforded 16:3, 19:20, 162:1 34:12, 34:20, 42:16, 70:6, 88:10, 147:5
38:2 alderman 157:20 42:19, 45:13, 62:11, apologize 83:8
affords 63:17 Aldermen 147:3 63:16, 79:20, 84:6, apology 112:2
aforesaid 175:14 alignment 17:3, 89:10, 90:2, 105:15, apparent 111:16,
afternoon 5:4 53:22, 54:2, 54:3, 105:16, 110:15, 151:6
afterwards 155:14 103:12, 126:14, 110:15, 122:21, appeal 90:17, 151:1
Ag 39:22, 53:16, 126:20 132:2, 132:12, 161:4, appeared 2:14
54:13 alleged 37:4, 92:3 163:8, 169:2 Appendix 149:20
age 5:3 allow 31:2, 80:17, annexations 41:11, Applause 19:17,
agencies 153:12 90:17, 122:17 43:15, 80:4, 128:3 34:1, 34:22, 35:2,
agenda 7:2, 44:4, allowable 14:10, annexed 25:4, 35:7, 35:15, 36:14,
44:6, 46:19, 74:16, 50:7 34:17, 34:21, 34:24, 37:14, 43:11, 51:8,
100:24, 114:22, allowed 8:6, 91:23 49:7, 56:12, 56:15, 66:21, 68:18, 70:16,
146:19, 172:4 allows 39:17, 80:9, 79:18, 83:10, 86:13, 72:5, 73:7, 78:3,
agent 98:13 101:22, 152:23 87:2, 93:18, 98:20, 85:3, 85:11, 107:11,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 178
September 25, 2006
108:21, 110:12, 7:13, 13:16, 17:7, 148:12 96:7, 101:2, 141:1,
112:10, 115:20, 18:3, 61:7, 120:20, attract 95:3 156:10, 173:14
115:24, 147:14, 136:23, 137:11 AUDIENCE 3:17, back -door 113:19
151:22, 154:13, April 60:23 5:14, 11:2, 12:20, backed 42:21
157:4, 157:7, 162:22, Arden 36:18, 36:22 21:1, 21:9, 21:18, backyard 68:13,
168:22, 169:8 area 12:10, 15:18, 33:19, 34:5, 35:22, 157:17
applicant 137:5, 17:9, 17:12, 18:1, 38:13, 44:19, 47:1, bacteria 161:24
144:18 18:6, 18:14, 22:7, 47:5, 57:15, 72:20, bad 117:20, 160:20
applicants 153:11 22:10, 25:6, 31:14, 74:17, 78:16, 78:20, balance 9:24, 10:2,
application 4:4, 7:4, 34:16, 38:3, 52:21, 84:5, 85:21, 86:4, 116:22
57:22, 59:5, 60:24, 55:2, 55:15, 63:12, 86:8, 87:7, 87:15, BANKS 29:19,
66:15, 87:21, 92:19, 64:1, 64:20, 65:7, 87:23, 98:3, 98:6, 29:22, 29:22, 30:12,
93:4, 112:24, 116:11, 80:10, 95:16, 98:10, 100:20, 106:9, 112:2, 30:15, 31:20, 97:3,
119:2, 120:10, 99:7, 138:23, 150:13, 112:4, 114:13, 97:6, 97:6, 97:21,
133:23, 135:5, 157:21 117:22, 148:9, 150:4, 98:1, 98:8, 99:17,
136:17, 138:8, 144:1, areas 63:17, 65:1, 167:22 99:19, 100:10
144:15, 145:5, 146:3, 65:5, 65:6, 65:9, August 53:10 Barnhart 151:20
146:16, 148:20, 149:19, 150:1, Aurora 8:18, 121:6 base 78:22, 78:24,
150:18, 150:22, 153:19 authorities 150:10 123:20
151:1, 169:16, arms 113:22 authority 151:8, Based 17:17, 83:2,
170:22 around 15:4, 27:15, 163:16 88:3, 102:17, 131:10,
applications 56:21, 44:15, 65:7, 97:9, authorized 16:6, 150:10
78:6, 152:5 97:15, 103:24, 147:1, 69:5 basically 52:9
applied 70:23, 90:22 160:5 auto 95:23 bear 149:5
applies 138:7 Art 43:18, 70:5, 70:7, Automobile 95:17, become 49:11,
apply 15:7, 74:21, 75:7, 129:5 95:18 98:20, 163:18
87:19, 90:21, 94:8, Aspen 49:15, 49:16 Aux 126:17, 126:19 becomes 114:4,
130:3, 130:8, 141:14, asphalt 126:11 avail 93:24 114:5
141:15, 146:24, assessment 90:20 average 74:18, becoming 111:15
150:7 assigned 8:5 74:19 beg 143:12
appreciate 167:9 associated 76:2, avoid 151:12 began 55:21, 99:14
approach 153:8 78:11 awarded 28:20 begin 22:17, 99:13
appropriate 17:18, assume 29:15 aware 41:10, 62:19, beginning 74:15
18:17, 20:8, 20:22 assuming 146:20 63:10, 92:6, 94:6, behalf 2:14, 7:22,
Approval 5:19, 31:4, assumption 146:17 103:8 8:19, 48:9, 68:9,
31:7, 57:21, 59:4, assure 128:22, away 13:12, 13:17, 137:5, 142:12, 143:7,
65:19, 90:10, 116:10, 142:14, 147:8 108:5, 141:10, 148:4
119:1, 126:10, Attached 54:15, 147:16, 160:23 behind 158:1
133:22, 135:4, 56:18, 149:16, aye 3:11, 173:23 behind - the -back
146:18, 148:21, 172:18 Ayes 3:12,173:24 115:14
148:23, 149:2, 150:8, attention 71:8 believe 10:20, 20:22,
169:15, 170:21 Attorney 7:17, 8:18, 54:19, 55:10, 103:22,
approve 10:17 32:14, 87:17, 121:6, < B > 112:21, 112:23,
approved 40:2, 131:5, 132:6, 142:13, B -1 72:24 114:20, 122:15,
45:11, 122:5, 154:11, 143:3, 144:13, B. 149:16 123:17, 123:18,
157:11 149:14, 151:20, Back 11:5, 11:19, 131:3, 142:16, 155:9,
approximate 47:18 154:16, 166:23 32:4, 47:8, 51:14, 155:20, 165:7
approximately 4:10, attorneys 88:22, 55:10, 72:7, 84:9, believes 36:7
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 179
September 25, 2006
benefit 29:1, 29:6, Bob 45:24, 46:3, 31:21, 71:8, 111:7 155:21
93:8, 93:13, 94:23, 47:3 Bruni 155:23 calls 156:7
106:7, 123:19, 148:9 Bobbie 154:20, bubble 54:21 campaign 37:12
benefits 127:8 154:23 bucks 88:23 candy 37:18
benign 160:6, body 90:19, 146:16, Budd 163:6 capacity 82:16,
160:11, 162:5 146:21 budget 103:6 82:21, 83:14
best 42:14, 77:3, boost 94:18 buffering 65:3 capture 109:22,
77:7, 94:5, 159:4, border 157:12 buffers 64:23 110:1
159:7 borders 157:17 build 29:24, 30:7, care 21:15, 84:10,
bet 72:21, 105:4 Borneman 7:3, 7:20, 78:22, 92:10, 94:7, 99:20, 99:21, 100:1,
Better 26:19, 26:20, 8:20, 9:1, 9:2, 9:4, 98:9 100:6, 139:6, 145:22,
35:20, 111:22 9:6, 19:5, 33:4, Building 13:12, 145:22, 157:23
Beverly 7:3, 7:19, 56:14, 56:14, 56:14, 99:24, 139:24 carefully 159:17,
8:19, 9:2, 34:11, 62:1, 66:24, 92:4, buildings 79:2, 94:7, 159:24
36:4, 36:5, 36:10, 92:7, 104:15 94:8 CARLSON 84:12,
56:14 Bornemans 8:21, built 94:21, 98:5, 84:15, 84:16, 84:19,
beyond 52:22 28:8, 29:8, 37:17, 102:24 84:19, 85:4
big 72:16, 114:11 39:2, 47:17, 47:23, bullet 36:24 Carol 167:1, 167:4,
bigger 109:20 51:18, 55:19, 62:1, bunch 147:2 167:7, 168:12
biggest 93:22 104:8 burden 127:12 cars 95:19
bikeway 125:22 bottom 84:4, 87:13, Bureau 155:12 case 19:22, 20:7,
Bill 2:6, 6:20, 58:19, 147:10, 154:5, burning 157:21, 46:18, 52:16, 76:6,
60:8, 118:10, 119:20, 162:18 157:22, 158:2 76:18, 98:14, 138:5,
134:16, 135:24, boundaries 52:22, bus 107:7 144:11, 147:21
170:5, 171:22 165:14 businesses 13:12, cases 63:18, 73:24,
bit 36:24, 111:21 boundary 25:9, 79:1, 97:15, 107:5, 75:21, 127:23,
black 81:9, 131:24 25:20, 89:13, 104:20, 122:3 145:13, 160:1
blank 56:23 165:7 butting 53:15 catch 107:6
Blazer 142:3, 142:6, boy 46:9 buy 95:17 category 160:18
142:8, 142:9, 143:9, Brand 84:16 ceiling 158:3
143:12, 144:3, 145:3, break 38:16, 132:12 cemeteries 160:19
145:6, 145:8, 146:14, Brestal 61:18 < C > Center 4:12, 102:1,
147:7, 147:22, 148:1, Brian 2:8, 6:18, C. 101:7, 102:15, 102:4, 102:9
151:23, 154:14, 58:17, 60:6, 77:17, 104:7, 104:19, certain 39:13,
155:20 118:8, 119:18, 104:23, 123:23, 104:11, 130:20,
blob 98:4 134:14, 135:22, 124:12, 124:19 130:21
Board 22:21, 23:8, 170:15, 171:20 C.S.R. 1:8, 175:23 certainly 63:3, 71:8,
24:16, 27:4, 36:23, bridge 103:14 call 6:7, 58:8, 59:23, 142:18
46:23, 50:9, 68:8, brief 47:14 69:23, 69:24, 71:21, Certified 175:7
69:2, 69:16, 70:5, Brighton 125:15 111:10, 118:3, cetera 12:24, 12:24,
73:18, 73:18, 73:22, bring 70:22, 78:6, 119:15, 134:11, 66:14, 79:2
92:13, 108:13, 79:6, 97:12, 115:10, 135:21, 139:14, chained 160:24
142:13, 145:18, 115:12, 128:23, 151:18, 155:7, 155:8, Chally 18:7, 49:6,
148:20, 151:3, 152:7, 156:17 155:8, 155:18, 156:1, 49:7, 49:10, 49:12
152:11, 152:14, broke 102:20, 156:3, 156:9, 157:19, Chambers 151:17
153:3, 153:8, 153:12, 113:14 157:22, 170:4, chance 111:22,
153:13, 167:9, broken 140:19 171:11 115:6, 162:8
167:21 brought 31:20, called 155:15, change 23:16,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 180
September 25, 2006
39:22, 41:16, 49:21, 102:6, 130:19, 108:22, 110:23, compare 41:17,
67:7, 73:4, 98:16, 130:24, 140:16 117:24, 119:5, 41:19, 76:7
98:20, 122:20 classifications 9:15, 119:11, 129:7, compared 98:22
changed 88:10, 28:20, 41:17, 101:16, 131:14, 133:17, compatible 39:22
89:9, 89:11, 148:11 130:6 135:12, 143:6, complain 139:14
changes 72:23, clean 69:19 143:16, 146:23, complaint 7 1: 11
173:6 clearly 33:15 148:3,159:17, 166:1, complaints 139:4,
changing 23:12, Clerk 143:4 167:10,169:10, 140:22
73:5, 125:6 client 110:14 172:15, 173:4, 173:9 complete 174:4
charge 91:5 clients 39:10 commercial 8:7, completed 18:15,
Charles 2:7, 6:8, close 55:11, 100:23, 15:18, 15:24, 16:23, 18:16, 68:1
58:21, 60:10 113:9,123:20 17:1, 17:8,17:24, completing 53:23
cheaper 97:16 closed 53:10, 113:7, 31:2, 31:14, 39:19, compliance 76:12,
checking 32:20 114:7 40:1, 52:11, 54:8, 141:3, 159:9
child 107:6, 107:7 closely 55:1 55:4, 55:12, 62:13, complicated 76:22
children 5:3, 68:13 Closer 34:8, 47:20, 62:17, 64:5, 64:11, comply 77:23
choice 87:4 84:17, 132:8, 132:23, 64:17, 65:5, 78:22, compost 66:9,
choose 89:17 132:23, 168:13 79:6, 79:11, 80:12, 140:5, 156:18
Chorus 3:12, 173:24 clothes 156:16 85:7, 94:5, 95:3, composted 66:8
chosen 151:7, clout 161:10, 161:16 95:4, 99:7,106:4, composting 139:4,
152:21 Cobine 61:18 109:17, 123:20, 140:11
Chris 122:10,122:13 Code 35:1 128:14, 128:16 comprehend 112:3,
CHRISTINE 1:8, codes 29:4, 94:8 commercial -type 112:5, 112:7
101:4, 101:7, 123:24, coincidentally 152:4 94:7 conceptual 103:11
175:6, 175:23 collecting 128:5 commercially 64:24, concern 11:20, 40:9,
circulated 103:23 comes 28:9, 127:11, 110:6 107:21, 108:2, 125:5,
circumventing 158:7, 163:15 Commissioners 151:24
113:24 comfortable 157:19, 121:4 concerned 16:9,
cite 147:21, 147:22 168:2 committed 42:23, 70:10, 72:1, 89:21,
citizen 35:11, coming 32:22, 41:2, 42:24 123:15, 125:14,
116:22,116:23 41:6, 64:16, 67:16, committee 40:24 162:3
citizens 22:9, 68:9, 80:1, 80:14, 85:8, common 43:14, concerning 15:18,
117:17, 121:4, 86:3, 106:20, 111:4, 55:17 143:8, 148:5, 148:13,
147:12, 159:4 112:13, 113:19, Commonwealth 149:21
civil 70:3, 71:19, 125:8, 128:7,161:22, 137:13, 137:16 concerns 5:22, 57:8,
71:20 161:24,162:15, communities 68:10, 77:18, 147:11, 171:2
clan 9:6 162:17,166:5, 93:24, 98:19 condemn 88:9
Clarence 2:3, 6:12, 166:10,166:13, Community 15:2, conditions 28:24
58:11, 59:24, 118:14, 168:18 98:23, 98:24, 100:5, conducive 41:23
119:24, 134:20, commensurate 9:18 103:24, 148:14 conducted 85:19,
136:4,170:9, 171:14 comment 16:13, Comp 65:8, 76:12, 104:1
clarification 12:20, 167:2 98:13 conducting 68:3
66:23 commentary 43:13, companies 112:7 conflicts 150:14
clarify 70:18 146:15 Company 56:11, conform 140:15
classification 9:16, Comments 4:17, 60:22,61:22, 91:18, confused 26:24,
11:24,16:6, 17:19, 5:14,11:1, 26:1, 114:12, 136:15, 140:8, 140:10
17:22,17:24, 62:14, 38:5, 53:2, 59:9, 137:6,148:10, connect 161:2
62:18, 82:22, 101:14, 73:9, 85:16, 85:24, 149:12 connecting 126:12
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 181
September 25, 2006
connection 148:19 149:3, 151:2, 152:20, course 146:17 date 12:14, 12:21,
conscience 73:3 159:4, 159:8, 162:5, court 35:15, 66:17, 19:9, 25:5, 48:2,
consensus 48:4 162:6 141:2, 141:5, 141:6, 73:15, 103:2
consequence controlled 157:18 141:7, 141:18, dated 60:23, 60:23,
144:17 controlling 158:7 141:19, 141:24, 136:15, 143:5,
Consequently controls 163:15 144:9 149:22, 152:7,
10:12, 16:1 conversation 46:15 courts 89:16 172:14
consider 63:18, conversations 70:6, cover 73:20 DAVIS 2:6, 6:20,
133:13, 154:9, 111:10, 111:11 covered 69:1, 71:3 6:21, 58:19, 58:20,
154:10 coordinator 139:19 cows 13:11 60:8, 60:9, 118:10,
consideration copy 54:20, 149:7, Craig 7:3, 7:19, 8:19, 118:11, 119:20,
143:14, 164:16 149:13, 154:15, 9:1, 56:14 119:21, 134:16,
considered 14:1, 164:9 create 100:4 134:17, 135:24,
37:19, 76:9, 127:22, corner 4:11, 22:18, created 98:23 136:1, 170:5, 170:6,
163:10 62:16, 97:22, 97:24, creates 110:21 171:22, 171:23
consistent 17:8, 98:2, 106:7 creating 22:3, 22:6, day 44:16, 56:23,
76:15, 76:18, 79:22, corners 102:5 22:17, 147:4 175:17
121:21 corporate 34:16, creation 22:12 days 19:12, 20:2,
consists 4:9, 7:12, 63:13, 63:14, 110:18 credibility 103:18 44:9, 75:3, 75:5,
61:6, 120:19, 121:9, Correct 16:19, 19:6, Creek 126:18, 75:13, 110:9
136:22 24:1, 32:16, 32:17, 126:19 deal 115:16, 155:3,
consultants 129:1 32:22, 43:16, 57:3, criteria 65:2, 114:16, 156:19, 162:7
contact 98:15 65:10, 86:13, 112:20, 144:5, 144:13, dealerships 95:18
contacted 99:7, 99:8 112:22, 113:2, 113:6, 144:14, 145:4, 146:4, deals 172:5
contain 28:24, 159:8 122:22, 122:23, 146:10, 146:12, Dear 7:18
contains 146:2, 123:2, 140:20, 147:16, 147:20 decel 64:15
175:14 141:12, 158:17, crops 133:8, 133:9 December 68:3,
contiguity 33:24 165:3, 175:13 cross 54:10 103:21
contiguous 34:16, corrected 112:15 crosses 64:2 decide 89:18, 91:4
49:4, 49:6, 49:8, correspondence crossing 67:17 decided 12:14,
49:11, 49:13, 49:14, 149:14 CSR 175:24 62:23
49:18, 80:7, 80:8, corridor 54:9, 55:5, curious 88:8, 93:9 decides 145:23
104:15, 137:8, 161:4 95:10, 123:20, current 17:5, 17:6, deciding 147:3
contingency 43:2 137:13 29:4, 50:8, 62:19, decision 73:22,
continue 9:8, 19:6, corridors 127:2 63:13, 74:20, 172:21 74:6, 90:18, 117:17,
19:15, 38:18, 109:13, cost 162:19 currently 17:19, 117:21, 151:2,
123:4, 126:16, 133:6, costs 113:13 18:12, 109:12, 159:20, 159:22
138:12, 138:21 Cotswold 101:8, 121:10, 124:10, decisions 92:13,
continued 121:11 154:24 128:5, 130:7, 137:15, 117:11, 117:12,
continues 138:9 councils 37:6 137:22, 140:14, 117:13
contracted 71:23 counsel 86:11, 140:15 declared 15:22
contracting 71:24 142:10, 143:10 curve 14:20 decline 15:3
contracts 72:3 count 136:12 cut 96:22 decree 141:6
Control 63:15, 87:5, country 15:5 dedicated 15:23,
87:6, 92:12, 108:3, County -wide 153:7 64:9
108:8, 108:17, 117:1, County. 153:19 < D > deemed 12:1, 20:6,
117:4, 117:8, 123:13, couple 55:9, 66:2, D- 805006 1:24 20:8, 153:11
139:3, 145:1, 145:24, 88:23, 91:7, 91:17 darn 27:19 deep 55:23
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 182
September 25, 2006
default 131:1 developer /owner 70:13, 80:5, 142:12 81:18, 83:13, 88:21,
defeat 87:8 39:17 Directive 44:12 115:10, 115:12,
defeated 57:17, developers 52:16, directly 34:16, 128:3 115:16, 127 :16,
57:18 75:9 discount 88:24 158:8
define 28:6 developing 52:2, discretionary 79:20 door 88:16
defined 53:22 133:13 discuss 24:24, down 11:4, 22:2,
demerits 142:16 development 14:12, 173:14 22:7, 22:18, 32:22,
densities 52:11 14:15, 29:12, 30:22, discussed 20:3, 68:24, 69:9, 69:11,
density 55:16 31:2, 31:3, 31:10, 113:23, 152:2 72:2, 86:3, 89:17,
deny 14:18, 150:11, 40:23, 52:9, 52:13, discussing 74:9, 111:4, 114:21,
150:22 54:24, 63:3, 64:11, 108:8 144:18, 147:19,
Department 9:22, 76:2, 78:11, 80:1, discussion 3:7, 6:3, 154:4, 156:5, 161:8,
128:24, 140:21 80:17, 82:12, 82:13, 23:7, 35:18, 35:20, 162:9, 169:1, 173:2
depending 90:3, 82:24, 95:4, 101:22, 58:4, 59:19, 76:21, draft 48:16, 124:8,
94:20 102:10, 105:21, 115:1, 116:18, 131:4
depends 128:20, 126:4, 126:5, 127:11, 124:11, 134:8, drafted 50:12
158:9 128:7, 128:21, 135:18, 142:17, drawing 164:7
depiction 54:17 152:23 142:19, 169:24, drawings 164:12,
Derke 2:17, 143:20, developments 39:8, 171:8, 173:20 164:14
143:23 42:3, 80:13, 127:20 Discussions 55:20, drawn 103:11,
described 56:17, develops 64:17 112:23, 113:2, 113:5, 104:21
57:24, 116:12, dialogue 99:13, 148:13, 148:16 drilled 32:19, 92:3,
133:24, 148:6, 99:15 disease 161:24 92:7, 112:17, 114:9,
169:17 Diane 33:10, 33:13, disgracing 157:24 165:16, 165:20
description 56:18 56:16, 120:9, 121:8, disgruntled 46:10 Drive 13:8
design 94:16 132:11 display 16:20 driveway 106:24,
designated 17:9, dictate 52:8 Disposal 152:9 172:5, 172:20
55:3, 98:11, 130:19 dictates 65:13 dispute 151:5 driving 50:5, 156:5
designation 54:16 DIETER 163:2, distance 95:16 duly 4:22, 8:13,
detail 52:9, 131:6 163:5, 163:5, 164:3, districts 79:6, 11:13, 13:5, 16:16,
detailed 12:9 164:11, 164:21, 165:12 18:24, 20:13, 24:11,
details 76:5, 77:1, 165:11, 165:15, disturbing 84:21 26:5, 29:20, 32:7,
172:24 165:22 divide 28:17 33:11, 36:19, 38:8,
determination differ 143:13 document 54:21, 40:18, 42:10, 45:5,
161:10 difference 75:18, 54:22, 54:22, 85:15, 46:1, 47:11, 53:6,
determine 128:18 163:14 98:22, 99:1, 101:17, 61:14, 84:13, 91:14,
determined 53:20, different 35:21, 172:17, 172:18 97:4, 101:5, 107:16,
153:4 142:17, 145:15 dog 145:21 121:1, 122:11, 125:2,
determining 83:4, differently 38:17 doing 27:18, 36:7, 129:21, 131:18,
103:12, 103:12 difficult 47:14, 38:18, 38:18, 39:16, 142:4, 143:21,
Detmer 155:17 94:14, 158:4 42:20, 69:12, 88:5, 154:21, 159:12,
develop 28:16, 29:9, dime 37:10 114:8, 169:3, 175:8 163:3, 167:5, 175:6
39:24, 110:6 dimension 106:15 dollars 103:17 dump 160:8, 160:10,
developed 64:24, DINA 2:11 Dommermuth 61:18 160:14
98:13, 126:2, 130:22 direct 42:20, 44:7, Don 66:4, 66:7 During 35:15
developer 15:8, 105:8 donations 64:7 dynamic 44:15
15:14, 28:21, 29:2, directed 68:8 done 19:4, 31:21,
30:23, 39:21 direction 41:5, 33:1, 57:12, 64:18,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 183
September 25, 2006
< E > English 34:19 eventually 30:1, extended 47:17,
E. 8:8 enhancement 138:9 126:18 47:22, 138:14
earlier 30:24, 49:7, enough 14:19, Evergreen 49:17 extending 63:13
50:16, 73:17, 79:7, 50:19, 87:12, 89:8, everybody 37:2, extends 48:5
101:23, 106:14, 90:4, 90:17, 141:19, 43:13, 70:4, 100:11, extension 22:1,
128:1 156:21, 161:10 108:6, 132:8, 162:10 39:7, 63:1, 80:6,
early 68:1 ensure 83:22, everyone 78:14 80:15, 96:13
East 7:14, 20:16, 140:23 everything 24:3,
49:15, 49:17, 98:1, ensuring 140:19 145:6, 146:11
125:5, 125:12, 130:1, entails 9:23, 10:13 everywhere 27:13 < F >
136:24, 137:24 enter 14:11 evidence 145:18 face 69:14
eastern 165:7 entered 141:17 exact 48:1, 90:23, facilitate 64:19
echo 47:22 enterprise 96:16 90:23 Facilities 149:3,
edge 17:4 entertain 3:2, 5:18, exactly 25:5, 90:24, 152:20, 153:1
Edison 137:13, 11:1, 57:14, 57:20, 128:13 facility 127:13, 153:4
137:16 59:3, 116:8, 118:24, examples 102:2 fact 12:7, 16:4,
effect 30:10, 59:14, 133:21, 135:3, except 121:24 37:21, 40:6, 41:4,
163:24 169:14, 170:20, exception 164:17 42:16, 82:20, 85:14,
efficiently 129:3 173:12 Excuse 21:10, 85:14, 86:24, 127:24,
eigh 155:4 entire 112:2 35:10, 49:16, 60:18, 138:4, 146:16, 155:9,
either 91:4, 130:19 entirety 130:4 71:1, 91:9, 114:18 168:16
elaborate 158:18 entitled 110:20, executes 56:22 factors 147:3
Eldamain 22:2, 25:7, 146:5 exempted 92:12 failed 67:10
25:9, 39:7, 50:20, enunciated 151:8 exercise 63:15 fails 60:17, 120:6,
63:1, 126:14 Environmental exercising 19:19 136:12, 172:2
elect 8:1 92:23, 142:9, 149:1 exert 80:9 Fair 50:19, 90:20,
elected 9:10, 91:5 EPA 32:21, 114:10, Exhibit 149:16 - 144:8
elects 150:17 155:23 exist 140:14, 162:1 fairly 29:15, 112:12
emergency 75:14, Eric 56:16, 120:9, existence 48:13 falls 54:15, 165:8
75:17 121:7, 132:11, 133:5 existing 17:17, 50:11 familiar 18:6, 141:19
enclosed 149:7 escalating 15:3 exists 144:21, family 9:4, 10:8,
encompass 138:1 especially 95:6 145:10 12:17, 34:12, 37:24
encroach 27:5, essentially 9:10 Exit 60:20, 64:15 far 13:16, 15:1, 18:9,
38:22 establish 154:1, expect 64:6, 84:22 22:14, 23:7, 39:9,
encroaching 27:12 154:2 expectancy 14:9 46:11, 52:7, 52:13,
end 78:1, 161:8, estate 53:11, 132:12 expectations 39:14 68:15, 72:1, 89:21,
161:9 Estates 49:7, 49:14 expecting 96:11 92:14, 113:8, 124:10,
endeavor 10:6 et 12:24, 12:24, expedite 13:22 124:20, 139:2, 139:3,
ends 25:21 66:14, 79:2 expensive 94:14 139:5, 140:13,
enforcement ethanol 160:19 explain 32:1, 39:12, 140:18, 162:3,
139:21, 140:1 evening 13:21, 43:18, 101:9 164:17
engaging 148:12 36:21, 61:16, 61:21, explanation 152:21 Farm 1:9, 9:4, 18:7,
Engineering 9:22, 63:10, 74:16, 121:4, exploratory 148:13, 18:7, 19:6, 19:16,
18:12, 53:24, 67:24, 121:4, 142:7 148:16 39:3, 43:9, 46:18,
78:8, 78:9, 82:8, event 83:19, 99:8, explosive 14:17 49:6, 49:7, 49:10,
83:23, 103:9, 103:14, 150:16, 150:24 expressed 151:24 49:12, 49:13, 54:12,
127:17, 128:24, events 73:16, 74:11, expressway 123:21 54:15, 79:11, 133:6,
129:1, 129:2 89:19 extend 96:17 138:9
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 184
September 25, 2006
farmed 109:12 firs 32:3, 39:2 forward 8:10, 17:20, 39:4, 39:15, 39:21,
farmers 9:2 fish 44:11 45:18, 52:14, 53:24, 41:3, 42:5, 51:5,
farming 9:9, 12:18, fits 81:2 54:22, 67:24, 74:5, 51:13, 52:5, 54:24,
43:10, 46:15 fitting 72:13 82:14, 82:23, 150:17 55:4, 63:8, 63:24,
farmland 8:22 five 25:4, 106:22, forwarded 59:1 64:4, 64:10, 65:9,
Farms 49:17 172:3 four 5:3, 19:10, 46:6, 80:11, 82:23, 86:2,
fashion 55:5, 64:3, five -year 40:23 60:16, 67:10, 75:10, 96:1, 98:20, 99:10,
64:17, 130:23 flaunt 151:7 101:15, 101:18, 132:19, 138:2,
fast 77:18 flex 130:17 120:6 151:12
father 36:6, 36:10 floating 69:4 four -lane 54:7
favor 3:11, 167:14, floor 44:22, 71:1, FOWLER 26:4, 26:7,
173:23 71:5 26:8, 26:13, 26:17, < G >
favorable 14:21 folks 73:3, 115:16 26:20, 26:22, 44:23, gain 38:12, 38:19,
feasible 55:1 follow 55:1, 65:13, 77:9, 77:13, 84:3, 39:12
feature 8:1 80:13, 99:11, 160:1, 98:5 galvanize 161:17
fee 113:22 165:14 Fox 4:12, 13:8, 24:3, Game 1:9, 12:16
feed 94:11 followed 14:4, 49:15, 49:16, 49:17, garbage 89:1, 158:2,
feel 28:1, 64:16, 73:24, 98:24 63:17, 148:8, 148:9, 160:7, 160:10,
157:19, 162:11, following 3:20, 149:11, 149:14, 160:13, 160:15
168:5, 168:19 41:24, 75:20 150:7, 150:16, 151:6 Gary 120:24, 121:3,
fees 128:2 follows 4:23, 8:14, frame 47:18, 48:4, 121:5
feet 4:10, 62:6, 62:8, 11:14, 13:6, 16:17, 67:16, 73:13, 124:21, gas 11:18, 12:21,
106:15 19:1, 20:14, 24:12, 133:7 29:24, 30:4, 46:14
Fend 154:24 26:6, 29:21, 32:8, free 146:10 gasoline 7:10, 7:22,
few 20:2, 64:1 33:12, 36:20, 38:9, front 7:17, 11:5, 8:2, 10:9, 11:24,
field 69:4 40:19, 42:11, 45:6, 31:18, 75:11, 164:15 12:11, 31:6, 59:11,
fight 37:8, 115:18 46:2, 47:12, 53:7, frontage 62:6, 62:7, 101:23
file 11:18, 56:19, 61:15, 84:14, 91:15, 62:8, 62:9, 69:20, gathered 73:21
141:9 97:5, 101:6, 107:17, 121:15, 121:15, gee 27:8
filed 4:3, 7:4, 10:17, 121:2, 122:12, 125:3, 137:10 general 40:21, 93:8,
12:5, 20:1, 60:24, 129:22, 131:19, FROST 32:6, 32:9, 93:20, 93:20, 101:14,
92:20, 111:20, 142:5, 143:22, 32:9, 32:18, 32:24, 101:21
112:24, 120:10, 154:22, 159:13, 33:5, 112:11, 112:12, generally 14:1
136:17, 146:16, 163:4, 167:6 113:1, 113:4, 114:14, generate 40:8,
146:21, 152:5 food 109:20 114:23, 115:3, 115:8, 127:13
filling 101:23 footage 94:20, 105:1 166:3, 166:12, generated 83:3,
final 117:12, 117:13, force 50:5 166:18, 166:23 128:15
159:22 foregoing 175:11, frustrating 107:1 generators 95:19
find 28:21, 113:8, 175:12 full 129:24 Gentleman 13:1,
140:4, 160:3, 161:15, foresee 29:10 fundamentally 144:8 18:20, 24:4, 29:17,
161:15 foreseeable 9:8, funding 51:1, 51:3, 32:4, 32:19, 36:15,
Fine 117:1, 144:22, 12:18 53:23, 67:19, 67:23, 37:17, 40:14, 42:6,
166:21 forest 49:18 79:4, 103:5 45:1, 45:21, 51:9,
finish 87:24, 88:14, form 15:20 furthest 18:10 57:2, 68:19, 72:7,
89:5 formal 39:19, 85:15 future 9:8, 10:5, 72:10, 81:8, 93:5,
fire 94:7, 165:11 forth 14:3, 39:13 12:3, 12:14, 12:18, 96:24, 110:23,
firm 61:18, 142:8, fortunate 14:19 12:20, 14:5, 17:20, 110:24, 114:8, 122:7,
148:17 Fortune 112:6 25:15, 28:13, 29:1, 129:8, 131:24, 142:1,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 185
September 25, 2006
I
155:24, 157:5, govern 50:5 Hall 139:22, 140:2 175:15
162:23 governed 148:24 Hamann 36:7, 37:9, heart 159:18
gentlemen 73:11, governs 50:1 66:4, 66:8, 66:11, held 19:12, 35:20,
140:9 grab 15:10 68:23, 70:18, 71:22, 74:1, 104:4, 148:16
George 32:6, 32:9, grand 49:4 71:23, 71:24, 112:17, Hello 40:20
45:4, 45:7, 81:10, granted 151:1 112:18, 115:13, Help 43:18, 66:7,
105:7, 112:11 grasp 80:19 138:5, 148:10, 69:21, 69:22, 94:24,
gets 139:2, 145:6, gravel 168:24, 169:3 149:12, 155:3, 96:5, 96:6, 106:5,
145:10 Great 95:16, 95:19, 168:19 169:6
getting 100:23, 155:24 hand 3:19, 11:4, helpful 53:13
105:24, 158:3 greater 22:10, 39:9 14:2, 29:17, 40:15, helping 96:6,
GILBERT 20:12, green 18:10 46:22, 71:13, 89:6, 105:11, 105:18,
20:15, 20:16, 20:24, grinds 66:14 175:17 105:24, 106:3
21:5, 21:12, 22:20, ground 70:22, 79:11, handle 82:21, 129:2 helps 79:5
23:1, 23:5, 23:9, 113:14, 138:7, hands 139:14 hereby 7:23, 56:18,
23:13, 23:18, 23:23, 160:14, 166:6, 166:8, hang 156:16 56:22, 153:17
66:1, 66:2, 66:7, 166:11, 166:13 happen 29:14, 30:2, herein 57:24,
66:16, 66:20, 132:5, grounds 150:12 43:18, 44:1, 45:9, 116:12, 134:1,
132:5, 132:10, group 70:14, 161:18 46:22, 85:9, 90:6, 153:10, 169:18
132:15, 139:1, 139:1, growth 14:17, 15:2, 91:3, 91:4, 133:14, hereunto 175:16
139:12, 139:18, 44:15 138:15 hesitate 151:18
139:23, 140:3, 140:8, Guess 26:9, 26:23, happened 102:22 hide 85:14
140:12, 141:1 27:8, 27:22, 45:8, happening 69:15, high 83:21, 104:4,
Gilmour 13:4,13:7, 68:21, 70:13, 72:18, 128:23 137:14, 137:24
13:8, 14:23, 15:1, 94:2, 96:7, 99:5, happens 90:6, higher 88:11,
43:12, 44:7, 44:14, 101:8, 105:20, 106:8, 145:5, 145:19 168:20, 169:5
107:15, 107:18, 110:13, 110:17, Happy 25:17, 65:21, Highlands 148:11
107:19 111:3, 111:7, 117:15, 156:24, 160:7 highly 95:7
GILSON 45:4,45:7, 117:18, 117:18, Haresh 155:11 Highpoint 7:14,
45:8, 81:10, 81:10, 123:24, 155:17, Hartman 139:15, 8:23, 15:23, 16:22,
81:14, 81:17, 82:3, 167:19, 168:3 155:16 20:16, 26:8, 26:23,
82:6, 83:6, 83:9, guidance 154:2 haul 69:8 29:23, 61:8, 61:24,
83:18, 105:4, 105:7, guide 41:16, 54:21, haulers 70:21 62:2, 62:4, 62:7,
105:7, 105:23, 54:22, 99:1 head 35:3, 104:18 62:17, 63:24, 64:9,
106:11 guideline 52:5 heading 154:4 97:7, 98:1, 120:20,
Gino 155:23 guidelines 14:4, hear 21:19, 21:21, 121:15, 122:14,
Give 21:19, 43:4, 75:21 26:13, 26:16, 26:17, 125:5, 125:10,
53:18, 54:19, 67:22, guy 46:13, 155:24, 26:20, 34:6, 35:16, 125:13, 127:6,
69:23, 69:24 158:2 46:11, 73:11, 100:19, 131:21, 156:5,
132:11, 145:18, Guys 25:13, 38:24, 129:12, 132:9, 159:15
155:9, 155:14, 156:3 75:7, 77:20, 77:24, 167:23 highway 50:21,
given 19:13, 20:4, 87:10, 117:20, heard 19:3, 19:5, 50:21, 50:23, 54:7,
20:7, 56:5, 143:14, 122:20, 156:8, 156:9, 85:17, 121:18, 111:4
147:11 156:21 132:22, 133:2, 137:9 highways 71:10
giving 27:17 hearings 12:24, Hill 4:12, 114:14
Glen 13:8 31:7, 31:9, 41:12, hired 114:11, 114:15,
goal 105:11, 105:18, < H > 73:20, 76:1, 92:19, 143:24
142:24 half 13:17, 63:12 150:20, 175:11, history 88:4, 168:21
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 186
September 25, 2006
hit 107:7 2:15, 4:5, 4:12, 7:6, incorporated 114:4 131:23, 132:4
Hmm 27:9 7:15, 8:18, 20:5, increase 78:23, interestingly 89:8
hold 91:23, 92:18, 50:1, 50:17, 61:2, 110:17 interests 142:22
168:19, 169:5 61:9, 61:20, 63:6, indicate 10:2, intergovernmental
HOLDIMAN 2:3, 63:11, 71:9, 71:10, 153:13, 162:4, 162:5 163:21
6:12, 6:13, 58:11, 91:22, 91:22, 92:12, indicates 62:16, interlocked 115:3
58:12, 59:24, 60:1, 120:12, 120:21, 94:4 interrupted 137:12
118:14, 118:19, 121:6, 136:18, 137:1, indicating 10:23 intersection 15:22,
119:24, 120:1, 144:6, 144:22, 149:1, individual 21:3 16:21, 22:3, 64:13,
134:20, 134:21, 151:2, 151:21, 175:1, individuals 111:12, 65:11, 102:3, 128:20
136:4, 136:5, 169:22, 175:9 111:12 intersections 95:8
170:9, 170:10, Imagine 27:9 industrial 80:12, interstate 123:21
171:14, 171:15 immediate 14:12, 125:18 intervening 96:14
holds 91:24 14:15, 15:14, 79:24, inevitable 29:13, invitation 9:10, 19:4,
Hollow 136:24 138:21, 153:6 29:15 27:13, 27:24, 47:16,
homeowners 99:20 immediately 61:24, influence 80:10 47:22, 48:6
Homes 53:9, 79:3 62:4, 88:18 information 103:23 invite 20:18, 21:22,
homework 112:13 impact 39:3, 39:9, infrastructure 13:15, 124:4, 124:15
hone 172:24 128:2, 146:7, 161:20 18:2, 18:12, 80:14, invited 23:1, 43:6,
honest 90:13, impacts 153:5 81:22, 163:11 97:10, 97:11, 113:16,
124:15 important 64:1, initial 11:23, 47:22, 113:21, 124:1, 124:5
hope 70:8 151:11, 153:24 66:12 inviting 19:3, 21:6,
Hopefully 43:12, improvement input 73:21, 100:9, 124:10
51:5 126:22, 128:21 153:8 involve 92:21
Host 146:18, 148:13 improvements inside 111:12 involved 25:17,
hour 1:9, 69:10 64:10, 64:18, 80:14, inspect 140:22 66:10, 78:9, 96:13
hours 5:6, 143:1, 83:4, 127:18, 128:4, installed 65:4 - irregardless 141:16
159:19, 159:20 128:8, 128:20, instance 14:14, issue 15:18, 92:17,
house 97:9, 97:13, 138:15 63:23, 94:3, 95:17, 125:14, 139:10,
98:5, 156:4 in. 43:3, 43:6, 95:23 143:11, 143:15,
houses 99:24, 115:11, 117:5, instead 110:11, 159:18, 162:2
160:18 124:16, 132:3, 117:19 issues 45:19, 84:8,
huge 106:20 156:15, 162:17 intended 9:7, 9:20 160:3
hurry 19:14, 44:9, inaudible. 82:6 intends 12:17, 150:7 Item 4:2, 7:2, 60:21,
83:13, 100:21 incentive 132:6, intense 17:1, 17:14, 120:8, 136:14, 172:4
hypothetical 144:15, 132:10 101:18, 101:19 item -by -item 141:19
146:3 include 18:13, intensities 52:12 items 83:20
18:16, 25:3, 31:6, intensity 101:20
54:2, 76:23, 100:4, intent 16:7, 28:16,
< I > 102:8, 126:6, 127:5, 109:6, 152:3 < J >
idea 12:13, 22:17, 141:8, 152:18, intention 109:12, J. 2:17, 143:20
32:23, 109:5, 112:3 164:15, 165:4 110:3 Jack 2:9, 6:16,
ideal 95:23 included 24:3, interchange 54:3, 58:15, 60:4, 118:6,
identify 127:1 51:18, 102:11, 54:7, 95:12, 138:2 119:16, 134:12,
identity 152:18 130:15, 164:19 interest 88:17, 89:10 136:8, 159:11,
MOT 163:8 includes 18:11, 31:5, interested 15:15, 159:14, 170:13,
ignored 27:1 103:3 30:23, 51:4 171:18
Illinois 1:2, 1:10, including 39:6, 40:4 interesting 104:24, Jeep 142:8, 148:18,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 187
September 25, 2006
155:20 127:2 landowner 87:4 less 17:14, 74:24,
Jeff 155:20 kids 156:12 lands 41:2 76:21
JENSEN 122:10, Kim 38:7, 38:10, landscaping 65:3 letter 10:10, 59:10,
122:13,122:14, 66:22, 106:19 lane 128:18 143:3, 144:3, 144:13,
122 :24, 123:3, kind 10:5, 12:9, lanes 64:14, 64:15, 146:1, 146:2, 146:12,
123:10 12:10, 16:8, 72:9, 64:15, 83:4, 125:17 148:2, 148:15, 149:8,
Jerry 163:2, 163:5 72:13, 73:3, 104:20, large 22:3, 138:17, 154:16
Jewel 102:4 131:22, 168:6 161:1 level 31:8, 73:21,
Joan 125:1, 125:4 kindergarten 5:9 larger 9:20, 22:10 74:2, 74:13, 83:21,
Joann 20:12, 20:15, knowing 86:2, LASALLE 175:3 139:21, 140:1
66:1, 132:5, 132:7, 157:19 last 23:18, 23:19, liar 71:21
139:1, 155:4 knowledge 43:14, 32:10, 43:12, 62:23, License 175:24
job 63:7 55:18, 92:3, 157:14 104:3, 152:4, 167:1, lieu 126:8
John 2:13, 61:13, knows 64:22, 172:4 life 14:9, 100:1,
61:17, 137:2, 137:4 133:10, 145:13 late 18:16 162:16
join 97:23 KOLODZINSKI later 10:6, 165:10 lifetime 102:23
JONES 2:9, 6:16, 45:24, 46:3, 46:4, latest 18:11, 24:2 light 12:7
6:17, 58:15, 58:16, 47:3, 47:3, 72:8, laudable 142:24 likelihood 103:19
60:4, 60:5, 116:19, 72:15, 72:22 laugh 69:17 likely 44:17, 102:8
118:6, 118:7, 119:16, Kotora 11:12, 11:15, laughable 69:18 limit 25:12
119:17, 134:6, 11:15, 11:16 Laughter 80:22, Limited 120:16
134:12,134:13, KRAMER 47:10, 83:17 limits 63:13, 63:14,
136:8, 136:9, 167:19, 47:13, 47:13, 47:14, law 19:20, 29:5, 86:20, 93:12, 110:18,
167:24,170:13, 47:21, 48:5, 48:8, 61:18, 63:11, 89:13, 132:17, 137:20
170:14, 171:18, 48:12, 48:18, 48:23, 91:22, 92:12,140:24, line 25:9, 72:23,
171:19, 173:17 49:2, 49:10, 49:20, 142:8, 142:21, 146:6, 78:2, 84:4, 87:13,
judge 144:11 50:7, 50:19, 50:24, 161:13 89:17, 103:11,
Judy 107:15, 107:18 51:6, 101:4, 101:7, lawn 66:13, 138:5, 147:10, 156:17,
June 48:3 101:8, 102:15,104:7, 138:7, 138:21 157:12, 162:18
jurisdiction 86:15, 104:19,104:23, laws 140:19 lines 18:18, 85:20,
86:21, 141:16 106:15, 123:22, lawyer 66:5, 112:1, 137:14, 137:24
JUSTIN 2:13 123:23, 123:24, 164:21 link 126:1
124:12, 124:19 lawyers 155:19 links 127:2
Kraupner 2:7, 3:5, leadership 162:4 Lisbon 33:14,
< K > 6:8, 6:9, 58:21, leaning 76:17, 117:3 125:10
K- R- A -M -E -R 47:15 58:22, 60:10, 60:11, learned 150:2 list 88:12, 102:13
Kate 11:15 60:18, 60:20 least 75:10, 101:18, listed 56:21
Kathleen 11:12, 108:13, 111:21 listen 108:23,
11:15 leave 10:6 159:24, 167:10
KATORA 11:7 < L > leaves 157:22 listened 87:12,
keep 38:15, 40:12, Lady 11:5, 20:9, left 10:21, 16:20, 87:12
70:3, 71:19, 85:24, 26:2, 33:7, 47:7, 64:14, 155:21 listening 159:16
86:1, 90:13,115:1, 84:9, 101:2,106:17, legal 37:8, 56:5, litigation 154:6,
159:8, 160:9 107:12,109:23, 56:7, 56:18, 56:19, 154:7
keeping 71:20, 116:5 124:22, 154:18 56:23, 86:11, 141:13, Little 26:11, 26:24,
Kelly 47:10, 47:13, Landfills 149:18, 143:10, 161:3 27:16, 34:8, 72:12,
47:14, 47:19, 80:4 149:24, 152:24, legally 148:6 88:4, 109:19, 111:21,
key 73:17, 127:1, 153:18, 160:17 length 130:1 124:5, 158:4, 161:1,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 188
September 25, 2006
173:2 look 21:16, 21:22, 21:16, 21:20, 22:23,
live 9:3, 13:8, 20:16, 22:5, 22:6, 51:16, 23:2, 23:6, 23:11,
26:8, 26:23, 29:23, 54:23, 54:24, 55:7, < M > 23:14, 25:18, 25:19,
33:14, 42:13, 68:10, 78:23, 103:22, M -1 120:16, 121:13, 35:19, 36:2, 44:3,
68:17, 68:23, 81:11, 104:18, 109:17, 121:22, 130:13, 44:8, 44:12, 44:17,
81:14, 82:2, 85:9, 117:18, 127:9, 147:1, 130:18, 131:11, 44:23, 79:7, 87:9,
97:7, 97:22, 99:24, 160:22 135:9 87:16, 87:24, 97:24,
101:8, 106:22, looked 145:13 M -3 164:7 104:22, 105:20,
107:19, 107:20, Looking 21:24, 36:2, M. 1:8, 175:6, 175:23 106:2, 106:13,
108:10, 108:15, 41:14, 42:2, 51:17, Ma'am 7:1, 20:21, 108:16, 124:17,
109:8, 111:14, 82:10, 82:19, 88:5, 35:12, 38:5, 67:18 143:14, 144:5, 145:3,
122:14, 125:5, 88:6, 90:7, 105:15, main 75:18 146:8, 147:2, 147:10,
131:21, 154:24, 105:16, 106:11, mains 18:17 147:15, 158:9,
157:12, 157:16, 111:3, 116:6, 138:16, maintained 140:23 158:17, 158:19
159:14, 163:5, 167:8, 164:7, 164:13 major 45:8, 79:4, Mckibben 24:5,
167:11 looks 65:8 79:13, 80:13, 123:21 24:10, 24:13, 24:14,
lives 78:14 loop 27:14 majority 108:9, 25:2, 25:22, 51:11,
living 94:16 Lori 91:13, 91:16, 165:4, 168:4 51:11, 52:1, 52:17,
LLC 142:9, 148:8, 131:17, 131:20 mall 13:19, 15:9, 52:23
148:11 losers 154:7 15:12, 16:8, 16:8, mean 5:2, 30:3,
Local 92:11, 145:1, lot 40:8,.45:18, 46:9, 30:18, 95:23 38:16, 44:14, 95:1,
145:24, 152:9 72:10, 78:6, 95:5, man 34:19 97:18, 98:12, 133:11,
locate 148:21, 96:15, 100:24, Management 157:14, 166:11,
148:24 102:16, 107:19, 114:13, 149:11, 166:21
located 4:10, 61:7, 108:15, 109:24, 149:15, 149:18, means 28:4, 46:21,
62:20, 120:20, 111:23, 121:18, 149:22, 150:15, 72:17, 103:9, 125:7
136:23, 137:15, 125:16, 139:5, 152:12 meant 54:21
149:19, 149:24, 159:21, 161:20 Manager 139:7, meantime 151:17
150:13, 152:20, lots 53:11, 121:10 155:12 meet 144:16
153:1, 153:7, 153:19, louder 21:20 Manufacturing 17:2, MEETING 1:1, 1:6,
157:10 love 32:12 50:15, 78:24, 120:16, 55:9, 74:6, 75:15,
location 12:11, lower 55:15, 139:21, 130:13, 130:18, 75:17, 79:7, 100:8,
53:19, 66:13, 94:5, 140:1 135:9 146:19, 157:13
153:9, 153:14 LUCIETTO 2:5, 3:4, map 10:20, 18:8, meeting. 174:9
Locations 76:24, 5:23, 6:10, 6:11, 18:9, 23:24, 55:8, meetings 31:7,
79:9, 95:7, 95:21 58:1, 58:9, 58:10, 80:3, 103:11, 103:23, 48:24
logic 53:19 59:15, 60:12, 60:13, 160:22 Melissa 151:19
logical 22:12, 79:8, 116:13, 118:12, Mark 24:10, 24:13, MEMBER 16:12,
80:6 118:13, 118:17, 51:11 21:9, 21:18, 33:19,
long 5:6, 28:11, 66:5, 119:6,119:22, Marlon 139:15, 34:5, 38:13, 44:19,
73:14, 74:19, 78:10, 119:23,129:13, 155:15 47:1, 47:5, 72:20,
101:11, 102:14, 129:16, 134:2, 134:5, Mary 84:12, 84:15, 74:17, 78:16, 78:20,
108:23, 126:11, 134:18, 134:19, 84:19 84:5, 85:21, 86:4,
133:9, 146:9, 156:20 135:13, 136:2, 136:3, Master 127:1 86:8, 87:7, 98:3,
long -range 164:19 169:19, 170:7, 170:8, matter 1:7, 37:21, 98:6, 100:20, 106:9,
long -term 15:24 171:3, 171:12, 38:24, 69:18, 87:1, 167:21, 167:21,
long- winded 127:4 171:13, 173:1, 87:22, 151:12, 156:4 167:22
longer 125:13 173:15 MAYOR 20:17, Members 3:2, 3:16,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 189
September 25, 2006
5:11, 6:4, 9:6, 21:4, 126:7 43:2, 45:18, 54:22, names 111:11, 155:2
23:4, 57:9, 69:16, minus 31:16 82:13, 82:23, 84:23, Naperville 61:20
115:23, 116:2, minutes 5:6, 57:6, 85:5, 96:21, 166:1 Naragan 155:11
117:24, 119:12, 106:23 Moved 3:4, 3:6, 5:23, nature 153:5
131:13, 133:17, missing 15:7 6:1, 32:10, 52:14, near 10:5, 68:11,
142:6, 148:9, 150:4, Mississippi 15:10 58:1, 58:3, 59:15, 160:21
153:20, 168:4 mistaken 92:6 59:16, 59:18, 91:17, nearest 13:15
mention 147:19 misunderstandings 116:13, 116:14, necessary 82:9,
mentioned 10:13, 151:13 119:6, 119:7, 134:2, 103:13
19:19, 28:14, 79:7 misunderstood 134:5, 134:7, 135:13, need 43:7, 79:1,
mentions 144:14 11:22 135:17, 169:19, 83:4, 86:5, 94:17,
merely 10:13, 153:6 moment 144:16, 169:23, 171:3 103:8, 128:18, 141:8,
merits 142:15 149:6 moves 74:5 155:8, 155:13, 156:7,
messages 155:21 Monday 151:16, moving 53:24, 156:21, 167:10
met 67:6 159:20 67:24, 122:24 needed 25:22
MEZGER 53:5, 53:8, money 37:7, 37:8, MUELLER 40:17, needs 64:19, 67:22,
53:9, 54:11, 55:17, 96:16, 128:7, 160:4, 40:20, 40:21, 42:4, 156:23
55:22, 56:2, 57:4 161:16, 162:2, 93:7, 93:7, 94:15, negotiate 128:2
mic 21:19, 132:8, 162:14 96:4, 96:18, 157:8, neighborhood
132:24 monitoring 140:18, 157:9, 158:11, 17:23, 39:3, 157:18
Michael 60:4,142:3, 166:11 158:14, 158:21 neighbors 29:12
142:8, 155:20 month 116:21 multiple 130:2 Neil 7:3, 7:19, 8:19,
microphone 4:19, months 18:5, 19:10, Municipal 52:22, 9:2, 19:15, 56:13
11:4, 24:8, 26:11, 51:21, 74:24, 75:10, 89:13, 94:12, 165:14 neither 36:5, 156:22
34:4, 47:20, 84:18, 84:20, 91:17 municipalities 95:6, NELSON 7:18, 8:8,
168:13 moot 50:17 95:20, 145:17 8:9, 8:12, 8:15, 8:17,
Mid 126:17, 126:19 Moraine 148:8, municipality 63:11, 11:23, 13:23, 15:16,
middle 29:17, 40:14, 148:10,149:11, 86:22 19:7,19:18, 21:14,
79:11 149:14,150:7, mutually 14:21 28:3, 32:17, 32:23,
Mike 145:13,145:14, 150:16,151:6 myself 69:21 33:3, 37:21, 39:1,
146:10, 147:17 morning 5:4,155:8 47:24, 54:14
mile 62:9, 69:20 Motion 3:2, 3:8, network 127:3
miles 13:17, 18:3, 3:15, 5:18, 6:24, < N > Nevertheless 9:9,
18:4, 63:12, 69:10, 57:14, 57:17, 57:18, name 11:10, 13:7, 150:17
137:11 57:20, 58:5, 58:24, 19:2, 20:15, 24:8, new 54:4, 84:16,
milking 13:11 59:3, 59:13, 59:20, 24:13, 26:7, 26:22, 84:19, 95:18, 98:5,
Millbrook 104:21 60:16, 67:10,116:9, 29:22, 32:9, 33:13, 112:12
million 113:13 116:18,118:22, 38:10, 42:12, 45:7, Newark 22:21, 23:4,
Milliron 18:23, 19:2, 118:24, 120:6, 46:3, 47:2, 53:8, 23:8, 23:17, 104:20,
19:3,19:8, 37:16, 133:21, 134:4,134:8, 61:17, 66:1, 84:15, 165:4
45:16, 45:20, 73:10, 135:2,135:4, 135:14, 91:10, 97:6, 101:7, newspaper 103:24
74:21, 77:5, 77:17, 169:14, 170:1, 107:18, 112:11, next 7:2, 22:12,
77:20, 105:1, 132:21, 170:19, 170:21, 121:5,122:13, 125:4, 29:23, 46:23, 60:21,
133:1, 133:1 171:4, 171:7,171:8, 129:17,129:23, 68:1, 72:19, 80:7,
mind 27:17, 85:6, 173:13,173:15, 131:20,142:7, 80:8, 86:12, 120:8,
90:13, 160:9 173:18, 173:20 143:23, 148:10, 136:14, 156:8, 169:1
mines 160:18 motions 57:16 154:23,160:19, night 43:16, 44:2,
minimum 126:1, move 8:10,17:20, 160:20, 167:7 44:6, 48:17, 101:11,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 190
September 25, 2006
142:19, 152:2, 93:9, 93:17, 96:5, obtain 110:4 operated 9:5, 140:24
159:20 96:10, 105:11, Obviously 41:15, operates 138:5
nin 155:4 105:15, 105:16, 74:12, 78:4, 99:20, operation 138:13,
nine 75:1, 100:23 107:24, 115:13, 106:6, 138:17, 141:8, 153:9
No. 27:7, 60:1, 60:3, 122:18, 123:12, 155:16 opinion 78:5, 95:9
60:5, 60:13, 60:24, 123:13, 136:15, odor 66:18, 139:3, opportunity 14:20,
67:8, 77:9, 77:13, 137:5 139:5, 141:5 63:20, 85:18, 132:16,
86:5, 91:21, 92:11, north /south 64:2, odors 158:16 147:11, 147:13,
99:17, 104:22, 126:13 offensive 148:2 172:23
107:10, 112:22, northeast 130:7 offer 95:2 Opposed 3:13,
117:22, 119:21, northwestern 55:10 offered 37:18, 37:22, 174:1
119:23, 120:1, 120:3, notarized 57:1 82:15 option 87:3, 111:20
135:23, 136:1, 136:3, noted 71:7 offers 63:19 options 111:18
136:5, 136:7, 136:9, notes 175:13 office 17:2, 79:2, order 65:4, 104:14,
136:16, 137:6, 149:4, Nothing 36:6, 37:24, 121:6, 143:7, 148:4 141:5, 141:7, 141:18,
149:22, 152:7, 42:15, 42:24, 72:17, offices 61:19, 141:19, 143:11
171:13, 171:15, 87:5, 90:9, 92:14, 155:21 ordered 147:7
171:17, 171:19, 153:10, 162:9 official 98:24 Ordinance 39:23,
171:21, 175:24 notice 19:13, 27:2, officials 91:5 49:22, 50:3, 50:11,
Nobody 69:5, 79:10, 143:17, 150:3 Oftentimes 94:8, 50:12, 50:14, 88:6,
81:4, 97:22, 111:6, noticed 51:15, 126:8, 165:13 89:9, 89:12, 90:4,
145:10, 160:20 167:13 Oliver 53:11 125:24, 149:2, 149:3,
non- business 159:5 notices 20:4, 20:5 Once 114:4, 123:23 158:10, 158:15,
non - county 157:15 notify 7:23 One 4:2, 9:16, 12:12, 158:20, 158:22,
non -paid 116:22, noxious 158:16 14:2, 15:18, 22:15, 172:6, 172:19,
117:16 Number4:2, 22:1, 27:7, 32:13, 37:15, 172:21, 173:6
non- repetitive 96:20 56:11, 57:23, 59:5, 41:5, 51:3, 51:20, ordinances 88:11,
None 3:10, 5:18, 6:6, 61:23, 88:15, 88:16, 60:16, 62:9, 63:12, 158:5, 158:13
36:12, 49:1, 58:7, 102:11, 116:11, 64:1, 71:17, 76:22, orientation 74:8
59:22, 81:15, 116:5, 119:2, 133:23, 135:6, 84:10, 88:13, 89:22, others 22:17
118:2, 119:14, 155:13, 169:17, 93:22, 95:24, 101:17, Otherwise 30:18,
132:14, 132:15, 170:23 110:23, 110:24, 91:3, 163:23
133:21, 134:10, numbers 155:2, 111:20, 111:24, ourselves 24:24,
135:20, 169:13, 155:6, 156:23 116:21, 124:5, 101:1
170:3, 171:10, numerous 76:13 128:14, 132:1, out - parcels 109:21
173:11, 173:22 133:10, 136:13, outcome 145:22
nonhazardous 146:17, 152:23, outlot -type 102:10
153:14 < O > 165:15, 168:9 outside 86:20,
Nope 33:19 o'clock 100:23 one -by -one 87:8 156:13
nor 9:21, 36:5 oath 3:20, 175:7 One - family 120:15, oversight 153:8
normal 19:9, 73:13 object 131:11 120:17, 135:7, overture 115:9
normally 19:10 objection 56:5, 56:7, 135:11 owes 112:2
North 7:13, 20:20, 56:19, 56:23 ones 79:4 own 16:4,46:7,
22:14, 33:18, 34:13, objective 15:13 open 90:13, 113:22, 72:24, 123:15,
34:21, 34:23, 38:13, obligation 79:19, 161:22, 164:17, 129:24, 167:20
45:10, 55:5, 55:14, 141:14, 141:23 169:2 owned 38:2, 71:22,
56:10, 60:22, 61:22, obligations 14:6, opened 37:1, 88:16 71:23
81:20, 83:11, 91:18, 28:7, 39:14 operate 169:3 owner 14:10, 28:3,
I
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 191
September 25, 2006
28:5, 29:1, 29:6, 126:20, 133:14, 125:16, 126:11 permits 128:12
56:9, 56:17, 63:20, 137:22, 138:15 pathway 67:16 permitted 50:14,
86:20, 87:3, 87:6, part 8:5, 16:4, 28:19, patrols 71:9 83:1, 102:14, 140:15
98:15, 130:23, 50:13, 52:19, 54:15, PATTEN 91:7, 91:13, persist 8:3
141:15, 141:22, 59:2, 62:22, 64:11, 91:16, 91:16, 92:2, person 88:13
141:23 65:1, 73:17, 74:9, 92:8, 92:22 perspective 167:20
owners 9:9, 10:4, 79:20, 80:20, 82:11, Paul 29:19, 29:22, pertain 13:20
12:3, 14:3, 14:15, 92:4, 93:14, 93:14, 97:3, 97:6, 98:7 pertaining 105:3,
16:1, 19:19, 52:15, 96:16, 111:4, 121:19, pause 172:8 105:9
79:16, 93:23, 96:14, 126:14, 126:17, pave 97:14 petitioned 41:12,
100:12, 121:7 126:22, 127:3, 128:2, pay 35:11, 109:4, 50:4, 83:16, 83:20,
129:4, 130:9, 137:24, 110:19, 110:19, 114:2 84:2, 112:19, 113:15,
138:1, 143:18, paying 110:11 126:4, 126:15,
< P > 158:19, 158:21, pays 114:3 128:17, 130:13
P.M. 1:9 161:9, 162:16, PC 4:3, 5:20, 7:3, petitioner 4:3, 4:14,
pack 85:1, 85:7 166:17 57:23, 59:6, 60:22, 16:18, 17:7, 17:20,
package 172:14 participate 150:19 116:11, 119:2, 120:9, 21:3, 21:8, 30:24,
pages 102:14 participated 75:24 133:24, 135:6, 57:8, 59:10, 60:24,
paid 36:8, 153:22 particles 161:23 136:15, 169:17, 61:11, 99:15, 122:7,
pain 153:23 particular 14:14, 170:23 124:16, 126:9,
paper 51:15, 51:21 19:22, 36:3, 48:9, pedestrian 126:1, 127:19, 129:4,
parcel 61:23, 62:1, 49:3, 62:16, 62:21, 126:6 136:16
62:3, 62:21, 65:8, 63:23, 64:20, 64:21, pedestrians 127:2 Petitioners 7:4,
65:20, 72:12, 80:8, 65:8, 65:11, 71:11, Penman 16:22 7:16, 7:19, 7:23,
80:8, 80:17, 86:16, 79:9, 80:10, 92:1, people 19:11, 20:18, 7:24, 48:19, 52:15,
86:19, 109:11, 96:9, 98:12, 138:3, 21:21, 27:16, 28:1, 120:10
109:19, 121:7, 138:4, 138:13, 38:2, 46:7, 46:10, petitioning 5:1,
121:12, 124:5, 137:8, 144:12, 144:14, 48:9, 70:10, 74:23, 88:18
137:21, 137:23, 146:3, 146:10, 74:23, 75:7, 75:12, petitions 41:9, 44:1,
138:17 146:12, 147:16, 78:1, 81:21, 85:5, 73:11, 76:8, 82:24
parceled 162:14 147:19 90:15, 92:21, 99:20, Phil 155:17
parcels 23:23, parties 14:7, 28:7, 107:19, 108:9, phone 156:1, 156:7
24:18, 25:3, 80:7, 56:20 108:14, 108:15, phonetic 33:14,
138:19 partner 61:17, 115:17, 123:13, 131:21
Parish 42:9, 42:12, 148:17 139:21, 140:1, PICCONY 120:24,
42:12, 68:21, 69:24, party 28:9, 150:19 144:12, 144:23, 121:3, 121:3, 121:5,
70:4, 70:20, 71:2, pass 10:17, 60:17, 154:8, 155:2, 157:15, 123:11, 132:14,
71:13, 71:16, 71:20, 67:10, 123:4, 172:2 159:18, 159:21, 132:16, 133:8
111:2, 111:2 passed 67:9, 88:5, 161:8, 161:16, pick 162:12
park 54:12 128:1 161:20 piece 10:23, 33:17,
Parking 172:7 passes 3:15, 6:24, per 128:6, 164:1 34:20, 36:3, 63:21,
Parks 127:1 59:1, 72:23, 118:22, percent 56:9 73:1, 100:16, 100:18,
Parkway 17:3, 22:4, 135:2, 170:19 perhaps 14:19, 94:3 104:8, 114:20, 115:1,
53:20, 54:5, 54:10, past 15:4, 57:12, perimeter 56:9, 115:6, 125:7
62:20, 63:2, 80:15, 168:21 127:22 pieces 100:17,
95:11, 95:22, 102:16, PAT 4:3, 4:14, 4:16, periods 78:10 161:1, 161:1
102:18, 102:24, 4:21 permission 168:24 pipes 166:5, 166:7,
121:18, 121:20, paths 125:12, permit 11:18, 66:8 166:10, 166:12,
Depo Count Reporting Service
(630) 983 -0030
Yorkville Plan Commission 192
September 25, 2006
166:16 politician 113:18 preliminary 103:14 142:18, 144:9, 145:7,
pit 168:24, 169:3 Politics 115:14, premature 10:10, 147:20
place 13:10, 35:24, 160:4 12:6, 12:17, 40:7, PROCEEDINGS 1:6,
44:11, 52:8, 62:12, pollute 160:14 42:14, 128:12 174:6, 175:11,
85:15, 158:13, Pollution 149:3, prepared 8:9, 12:7, 175:15
160:16 151:2, 152:19 38:23, 164:19 proceeds 106:6
placed 12:12, 40:3, Pool 125:1, 125:4, prerogative 110:14 process 12:22, 31:4,
62:17 125:4, 127:6, 159:11, Present 12:8, 60:9, 39:20, 74:15, 75:23,
places 166:14 159:14, 159:14 60:16, 123:5, 123:7 76:21, 80:20, 80:20,
plain 34:18 portion 7:20, 23:21, presented 5:21, 80:21, 90:23, 92:21,
planned 50:22, 52:2, 49:5, 55:11, 63:8, 41:3, 59:8, 119:4, 110:9, 144:1, 144:1,
52:18, 54:10, 77:24, 67:20, 103:3, 130:7, 123:8, 126:5, 135:11, 144:7, 144:21,
125:23, 168:2 164:17, 165:8 171:1 145:23, 146:24
Planning 13:11, portions 18:15, preserve 49:19 PROCHASKA 21:16,
39:6, 40:23, 52:21, 148:2, 174:8 president 53:9 21:20, 22:23, 23:2,
65:2, 77:9, 82:8, position 151:11, pressure 94:17, 23:6, 23:11, 23:14,
96:2, 103:7, 131:13, 153:14 94:19 25:19, 35:19, 36:2,
133:16, 152:10 possibilities 86:2 pressures 94:10 44:3, 44:12, 44:17,
Plano 25:6, 25:8, possible 109:18, pretty 15:4, 93:8, 87:9, 87:16, 87:24,
25:13, 25:14, 25:20, 148:20 112:5, 132:4, 156:20 97:24, 104:22,
51:14, 52:20 potential 63:20, previous 116:5, 105:20, 106:2,
plans 32:15, 33:16, 144:21, 145:10, 167:14 106:13, 124:17,
42:18, 45:9, 49:21, 145:12, 152:19, previously 19:18, 143:14, 158:9,
51:12, 52:13, 62:20, 153:11 84:8, 137:9 158:19
80:1, 82:13 potentially 12:2, PRICE 2:17, 110:19, product 70:22
plants 160:19 28:23 143:20, 143:23, project 28:22, 67:19,
plastic 69:3, 69:4, pounds 94:20 143:23, 147:1, - 67:20, 67:23, 68:4,
69:7 power 137:14, 147:15, 147:24 102:19, 103:8,
plat 55:7, 104:17 137:24 principals 151:7 103:10, 103:17,
play 156:13, 163:16 practice 8:18 prior 74:13, 128:22 103:18, 103:19
PLOCHER 36:18, practices 29:3 priority 88:12 projected 18:14
36:21, 36:22, 37:13, Prairie 17:3, 22:4, private 52:14, 52:15, proper 65:5, 83:24,
109:1, 109:15, 110:7 53:20, 54:4, 54:10, 96:16 94:10, 107:2
plus 31:16, 121:12, 62:20, 63:2, 80:15, privileges 28:6 Properties 22:4,
161:23 95:11, 95:22, 102:16, proactive 54:1 22:15, 33:2, 45:10,
pod 40:1 102:17, 102:24, probably 42:13, 63:16, 66:24, 81:23,
point 12:3, 16:11, 121:18, 126:20, 88:24, 94:6, 108:15, 90:8, 98:19, 104:11,
18:5, 19:24, 31:10, 137:22 114:6, 117:2, 147:22, 104:12, 111:6, 112:1,
41:11, 48:14, 50:14, pre -k 5:2 168:17 132:2, 132:22, 133:2,
50:17, 68:22, 70:18, pre - kindergarten problem 139:5, 164:18, 164:23
73:5, 78:7, 82:18, 4:7, 5:20 146:14, 156:21, proposal 37:5,
90:12, 99:14, 104:6, precedent 154:1 157:20 110:10
109:6, 133:11, precedes 15:19 problems 32:21 proposals 138:19
138:15 prefer 93:18 procedure 24:22, proposed 12:21,
points 111:14 prejudge 90:14, 27:22 15:8, 84:24, 89:2,
Police 71:9 147:20 proceed 29:8, 95:11, 95:12, 97:8,
political 37:11, prejudged 90:16 150:17 107:23, 110:8, 130:3,
108:24, 109:2, 114:7 prejudice 147:5 Proceeding 16:24, 130:5, 163:8, 172:19,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 193
September 25, 2006
173:5 65:21, 65:24, 66:2, 158:12, 159:4, 159:7, red 55:2, 98:4
proposing 81:20 68:5, 81:11, 90:24, 163:24 redevelop 99:11
protected 69:1, 69:6 91:8, 104:5, 115:22, reason 12:15, 15:6, refer 104:17, 149:20,
Protection 149:1 116:1, 119:11, 122:7, 31:23, 42:20, 43:1, 172:17
protest 56:18 129:7, 131:13, 43:3, 43:4, 43:8, referenced 148:5
prove 144:20 131:14, 133:17, 44:8, 94:6, 101:15, referred 130:17,
PROVELL 33:10, 169:10, 172:23 115:10, 115:15, 148:7
33:13, 33:14, 34:2, questions. 151:18 138:10, 144:4, referring 141:20,
34:9, 34:18, 34:23, quick 96:21 167:18, 168:7 166:10
35:3, 35:10, 35:17, quite 26:14, 90:13 reasons 93:23, regard 82:16,
35:23, 36:4 quote 37:22, 103:21 162:5 123:19, 172:20
provide 49:22, 65:4, recall 55:9 regarding 5:14,
94:13, 153:18 recap 157:8, 158:14 16:13, 26:24, 28:12,
provided 149:10 < R > received 172:14 173:5
provides 149:18 R -2 120:17, 130:10, recently 32:10, Regardless 87:18,
providing 106:3 135:10 148:11 87:21, 127:10,
prudent 95:9 R -3 120:14, 135:7 recess 172:10 127:19, 161:13
published 150:4 race 145:22 recognize 3:24, regards 39:11
pulls 105:21 raise 3:19, 11:3, 89:5 14:16, 153:21, Regional 125:22,
purpose 13:10, 99:3, ramp 121:20, 123:21 153:22 126:12, 126:13,
100:7, 152:2, 154:1 ran 112:6 recollection 25:7 155:12
purposes 9:5, 10:1, Randall 53:5, 53:8 recommend 5:18, regulation 172:5
10:4, 15:24, 172:5 rates 138:8 57:21, 59:3, 65:16, Regulations 161:14,
pursuant 152:8 rather 93:14, 93:19, 65:19, 116:9, 118:24, 172:7, 172:21
pursue 39:18 108:3, 117:7, 153:5 126:9, 126:11, regulatory 73:18
push 46:12, 46:21 re- evaluate 82:14 133:21, 135:4, rehashing 40:12
Put 14:6, 15:9, read 56:6, 57:16, 168:15, 169:14, reject 168:11, 168:15
15:11, 23:24, 30:9, 143:4, 146:1, 146:13, 170:21 rejection 169:7
30:20, 31:24, 46:14, 152:6 recommendation rely 145:20
68:12, 68:13, 79:11, reading 144:3 43:22, 44:13, 73:23, remainder 130:12
79:12, 79:13, 83:10, readopted 152:15 74:5, 81:6, 160:2 remaining 17:12,
89:22, 107:4, 125:15, ready 85:1, 88:9 recommendations 31:16, 130:11
127:12, 161:5, Real 4:9, 7:12, 41:21, 41:24, 73:19, remains 23:17
161:18, 161:19 56:10, 56:17, 57:23, 92:14, 164:4, 172:16 remember 25:11,
putting 30:4, 41:18, 61:6, 96:21, 112:7, recommended 27:6, 27:7, 158:15
55:23, 109:17, 140:5 116:12, 120:19, 17:15, 31:14, 164:6 remind 85:13
puzzle 72:13 132:12, 133:24, recommending removes 29:7
puzzled 167:12 136:22, 145:12, 126:21, 167:15, render 41:20
153:23, 169:17 167:16, 169:6 renegotiated 25:13
reality 160:13 Record 46:5, 56:6, repeated 149:23
< Q > realization 12:6 91:11, 143:2, 143:5, repeatedly 155:7
qualified 140:3 realize 102:20 143:18, 147:4, 150:5, repeating 96:22,
quality 162:16 realized 52:14 154:15, 154:16 101:1
quarter 62:9, 69:19 really 27:10, 27:13, recorded 35:14, replan 63:7
Questions 5:11, 32:12, 44:10, 70:9, 147:5, 147:9 REPORT 1:6,4119,
5:14, 11:1, 24:18, 76:7, 77:7, 83:13, Recreation 127:1 41:23, 172:14
24:20, 24:23, 26:1, 89:9, 92:9, 102:24, Recycling 138:5, reported 175:10
27:21, 53:2, 57:7, 156:7, 157:14, 138:22, 152:11 Reporter 35:15,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 194
September 25, 2006
175:8 125:11, 128:6, 128:6, revolving 160:5 64:8, 64:13, 65:11,
represent 37:6, 130:8, 131:9 rezone 17:21, 66:13, 95:21, 102:21,
66:16, 121:7 residents 63:9, 139:12 120:21, 121:16,
representative 83:22, 84:23, 85:9, rezoned 139:3 121:20, 136:24,
151:15 89:23, 106:10, rezoning 7:7, 61:3, 137:11, 156:5,
representing 61:22 106:12, 142:22, 81:2, 120:13, 136:20 168:24
request 5:19, 8:3, 154:8 Ridge 49:15, 49:16, routes 63:4, 79:13,
8:4, 9:13, 10:9, Resolution 128:2, 125:15 125:23, 127:3
10:11, 10:15, 11:23, 149:21, 152:7 ridiculous 85:6 row 20:10, 33:8,
12:6, 14:10, 31:17, resolved 153:16, Rieckert 38:7, 38:10, 42:7, 84:9, 124:23
39:20, 56:20, 59:10, 158:3 38:11, 38:15, 66:22, rows 140:5, 141:5
62:11, 76:17, 76:22, respect 39:14, 70:4, 66:22, 67:3, 67:6, ruin 97:17
90:10, 148:6, 148:23, 70:5, 70:6, 70:8 67:13, 67:15, 68:7, rule 142:21, 146:6
150:3, 150:12, respectfully 10:15 106:19, 106:19 rules 70:24, 71:2
150:21, 168:16 respective 28:7 right -of -way 64:7, run 5:7, 13:18,
requested 17:13, Response 3:9, 3:14, 64:8, 103:13, 163:9, 28:11, 46:22, 69:9,
41:18, 57:22, 59:5, 5:12, 5:16, 6:5, 163:12, 163:15, 69:10, 104:15,
76:15, 82:11, 82:19, 57:10, 58:6, 59:21, 163:23 105:21, 126:23
116:10, 119:1, 116:3, 118:1, 119:13, rights 28:7 running 5:6, 27:15,
126:15, 130:10, 133:19, 134:9, River 15:11, 24:3, 36:22, 105:12,
133:23, 135:5, 135:19, 168:8, 25:10 105:18
169:16, 170:22 169:12, 170:2, 171:9, roads 64:2, 79:13, runs 5:9, 68:23,
requesting 4:5, 7:6, 173:7, 173:10, 127:23, 163:16 113:5, 129:24
17:7, 61:2, 120:12, 173:21, 174:2 roadway 138:14 rush 81:4
136:18, 137:17, responsibility 65:15, roadways 95:8,
143:18 68:16 128:9
requests 13:21, responsible 72:1 Robert 7:18, 8:8, < S >
147:12 rest 35:6, 38:22, 8:12, 8:17, 40:17, S. 142:3
require 94:9, 125:24, 69:12, 70:8, 100:1, 40:20, 93:7, 157:9 Sable 126:18,
127:15, 152:18 117:13, 122:17, ROGERS 129:9, 126:19
required 20:5, 168:7 129:20, 129:23, sad 156:20
64:23, 74:8, 127:18, Restaurants 102:11 129:24, 131:7 safely 29:15, 129:3
129:1, 129:3, 141:21, result 64:3, 65:9, role 153:21 safety 92:23
150:11 79:5 roll 6:7, 58:8, 59:23, sake 13:13, 43:13
requirement 125:20, retail 101:22, 102:9 118:3, 119:15, sales 95:19
126:7 retain 138:11 134:11, 135:21, sampling 91:20
Requirements 172:7 revenue 162:17 170:4, 171:11 Sanchez 122:16
requires 74:3, 153:7 revenues 80:11, Ron 42:9, 42:12, Sandra 2:4, 6:14,
research 17:2 162:13, 164:23 111:2 58:13, 60:2, 118:4,
Residence 120:15, review 39:6, 67:3, room 14:18, 69:6, 120:2, 134:22, 136:6,
120:18, 135:8, 76:4, 76:4, 76:20, 70:11 170:11, 171:16
135:11 76:20, 77:1, 78:9, rotate 138:9 Sandy 6:2
residential 10:3, 87:21, 90:21, 124:9, roughly 9:23 Sanitary 18:4, 18:13,
10:5, 17:14, 17:22, 172:24 Route 4:11, 7:14, 18:18, 48:20, 50:10,
18:1, 39:18, 52:10, reviewed 20:3, 8:23, 15:23, 25:21, 50:12
55:16, 65:1, 65:6, 128:23, 131:4 25:21, 54:4, 61:8, saw 51:20, 144:4
76:5, 78:11, 79:3, revised 23:20 62:2, 62:8, 62:10, saying 3:11, 23:15,
121:10, 121:11, revision 24:2, 62:22 63:5, 63:6, 64:2, 27:16, 30:6, 30:8,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 195
September 25, 2006
I
34:19, 35:16, 46:13, 58:2, 58:4, 59:19, sets 14:3, 91:2 signals 64:12
68:16, 94:22, 94:24, 119:10, 134:7, setting 39:13 Signed 8:7, 151:19
96:6, 117:6, 117:7, 135:18, 169:24, Settler 114:14 significant 103:17
147:19, 158:24, 171:8, 173:19 seven 114:16 signify 3:11, 173:23
168:3, 173:23 Secondly 39:5, several 76:24, Silver 49:16, 49:17
says 44:5, 144:22, 81:17 166:7, 166:13 simple 76:19, 76:20,
175:7 secret 108:1 sewer 13:16,18:4, 80:24
scenario 76:7 Section 148:24, 18:13, 18:18, 82:16, simply 141:10,
Schanze 56:16, 149:7, 152:8, 152:10 97:12 143:13, 143:17
56:16, 120:9, 121:8, seeing 75:23 Shake 35:3 Sir 18:21, 53:3,
122:16, 124:1, 124:7, seek 28:10, 93:23 shaking 72:9 69:22, 71:12, 72:14,
137:8, 138:2 seeking 9:14, 10:4 Shall 153:10, 81:12, 96:24, 109:2,
scheduled 48:24, seeks 28:5 161:10, 172:8 111:1, 112:7, 120:22
151:15 seems 27:11, 41:5, share 155:1, 157:1 Sit 147:18, 156:10
scheme 49:4 102:15, 110:9, 132:4, SHEELEY 167:4, Site 12:9, 70:22,
SCHILLINGER 2:8, 143:1, 158:4, 162:4 167:7, 167:8, 168:6, 72:2, 89:12, 125:18,
6:18, 6:19, 58:17, seen 63:3, 76:24 168:9, 168:14, 145:11, 149:2,
58:18, 60:6, 60:7, segment 103:3 168:23 150:22
77:6, 77:11, 77:15, sell 28:16, 97:16 sheet 11:16 sites 152:19, 152:21
77:19, 118:8, 118:9, selling 162:16 SHILLINGER 37:11 siting 148:21,
119:18, 119:19, send 151:14 shirt 131:24 148:23, 150:8,
123:5, 134:14, sense 14:19, 22:12, shopping 102:4 150:12, 150:18,
134:15, 135:22, 29:6, 64:3, 79:8, short 172:9 150:20, 150:24
135:23, 170:15, 79:14, 80:24, 81:3, Shorthand 175:8, sitting 46:7, 46:10;
170:16, 171:20, 96:22, 110:1 175:10, 175:13 70:10, 88:9, 159:19
171:21 separate 92:20 shortly 152:4 situated 8:23
School 22:21, 22:22, September 151:16, shot 25:10, 25:12 situation 157:15
23:8, 23:10, 23:12, 172:15 shouldering 79:4 six 51:21, 74:24,
23:16, 23:17, 78:15, sequence 73:16, show 54:8 136:13
104:4, 107:7, 164:24, 74:11, 74:14 showed 54:3 skip 148:2, 149:6
165:4, 165:6, 165:9 serve 82:9, 153:24 showing 10:21, slaughter 160:18
schools 79:5 serves 82:20 16:22, 17:1, 126:21 Sleepy 136:24
screw 144:18 Service 4:7, 5:21, shown 9:19, 16:22, slight 110:17
scrutiny 83:21 7:9, 7:11, 7:21, 8:2, 18:10, 55:12, 55:14, slippery 154:4
se. 164:1 8:4, 10:9, 12:11, 99:6 slope 154:4,154:5
seats 46:8 18:13, 18:14, 18:18, shows 16:5, 52:10 smaller 9:21
secon 57:13 40:4, 40:6, 42:22, shut 156:16 SMART 4:3, 4:15,
Second 3:5, 5:24, 59:8, 59:11, 61:5, sic 67:16 4:21, 4:24
39:1, 59:2, 81:18, 119:4, 120:17, side 16:21, 54:12, smell 109:9,155:3,
111:9, 114:19, 135:10 61:8, 62:2, 62:10, 155:7, 156:3, 156:9,
116:15, 116:16, services 82:9, 126:23, 130:1, 132:3, 156:10, 156:11,
116:17, 119:8, 134:6, 82:14, 83:24, 95:3, 137:11, 162:9 160:14
135:15, 135:16, 132:18 sides 37:6, 159:17, smelled 155:22
162:2, 169:21, session 5:5 163:18 smells 44:10,
169:22, 171:5, 171:6, set 79:15, 144:7, sidewalk 126:1, 156:14, 156:18
172:8, 173:17 151:11, 175:16 126:7 smirk 69:17
second. 59:17, 119:9 setbacks 64:23, sidewalks 126:9 soil 91:19, 138:8
Seconded 3:7, 6:2, 65:3 sign -in 11:16 solely 102:17
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 196
September 25, 2006
solicited 143:17 special 4:5, 5:1, 56:10, 60:22, 61:22, stricter 158:5
Solid 88:6,139:7, 5:19, 7:10, 7:22, 8:1, 81:20, 83:11, 91:18, strictly 117:12
139:8, 139:19, 10:8, 11:18, 11:24, 93:9, 93:17, 96:6, stringent 93:3
149:10, 149:15, 31:5, 59:11, 101:24, 96:10, 105:11, strip 13:19, 15:9,
149:17, 149:21, 142:9 105:15, 105:16, 15:12, 16:8, 30:18,
150:15, 151:8, 152:3, specific 9:15, 12:10, 107:24, 112:1, 99:23, 102:1, 102:9,
152:9, 152:10, 28:16, 29:9, 40:2, 115:13, 122:18, 137:12, 160:18
152:12 42:2, 68:5, 100:16, 123:12, 123:13, strong 90:4
Somebody 15:11, 100:18, 104:5, 122:2, 136:15 structures 103:15
32:3, 34:4, 44:22, 128:17, 128:21, start 93:10, 93:11, strung 160:23
73:14, 90:17, 167:11 138:18 101:9 studies 81:19,
someone 4:13, specifically 55:6, started 89:4 114:10, 127:15
15:14, 86:17, 92:6, 128:8, 128:11, 130:9, starting 27:4 study 83:14
133:12 148:17, 172:20 stated 4:24, 10:7, stuff 24:16, 51:15,
someplace 161:19 specify 153:1 16:19, 17:6, 30:24, 122:19
sometime 132:18 speculating 16:10 49:7, 50:16, 73:17, subdivision 49:17,
sometimes 106:23 speed 69:8 76:12, 168:17 76:5, 76:23, 154:24
somewhere 86:19, spent 103:16 statement 37:2, subdivisions
89:17 spit 69:14 41:22, 91:6, 100:14, 106:20, 107:4,
Soris 154:20, spoke 57:2 131:22, 168:10 126:15
154:23, 154:23 spread 160:15 statements 146:2, subject 5:21, 53:23,
Sorry 11:5, 11:9, sprinkler 94:9 149:23 59:8, 67:19, 67:23,
11:22, 26:10, 35:9, square 4:10, 94:20 station 7:11, 7:22, 67:24, 103:5, 119:5,
47:21, 53:2, 53:3, ss 175:2 8:2, 10:9, 11:19, 126:10, 130:1,
60:23, 67:1, 87:10, stacking 158:2 12:1, 12:11, 12:21, 135:12, 142:17,
118:18, 129:11, Staff 5:22, 16:12, 29:24, 30:4, 31:6, 142:18, 148:7,
131:15, 173:1 41:10, 41:18, 41:19, 40:4, 40:6, 42:22, 148:22, 150:9,
sort 163:21 41:20, 41:22, 59:9, 46:14, 49:22, 59:12, 150:23, 171:2
sought 7:20, 10:12, 76:4, 78:5, 83:21, 88:5, 88:12, 101:23 submit 154:15
12:1, 56:10, 56:12, 119:5, 135:12, Statute 14:9, 20:5, submitted 10:11,
56:15 145:17, 171:2, 50:1, 50:6, 50:18 31:10, 143:3, 143:6,
sound 160:6 172:14, 172:15, statutes 152:17 148:3
sounds 160:11 172:19 stay 84:23, 147:16, subsequent 13:20
source 51:3 stage 12:16, 91:2 163:19 substantial 121:14
south 7:13, 24:3, stand 3:19, 3:23, stench 161:22 substantially 114:3
25:10, 25:12, 25:21, 34:7, 38:19, 112:15, step 72:8 suggest 17:22,
39:7, 39:8, 41:5, 168:13 steps 107:2 71:11, 154:3
51:17, 55:5, 61:7, standard 168:20, stockpiling 140:5 suggested 17:10,
62:2, 62:9, 104:15, 169:5 stop 35:13, 35:18, 55:3, 164:22
126:18, 136:23, standards 14:4, 43:10, 74:23, 85:22, suitable 64:20
137:10, 137:21, 29:3, 92:23, 93:3 161:11, 161:18 Sundown 53:9
137:23 standpoint 42: 1, store 109:20 supplies 94:12
southerly 137:20 82:8, 82:9, 103:8, straight 25:9, 75:20, supply 94:10
southern 63:8 129:2, 141:13 76:9, 111:4 support 83:23, 83:24
southwest 4:11, stands 89:14 straighten 165:23 suppose 89:16,
22:18 Star 20:20, 22:14, straightforward 81:5 172:22
speaking 45:2, 33:18, 34:13, 34:21, Street 61:19, 172:7 supposed 24:15,
61:10, 76:1, 84:1 34:24, 38:14, 45:10, stretch 95:2 68:8
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 197
September 25, 2006
surrounding 81:23 155:4 39:16, 85:1, 109:22 106:21, 107:3, 107:8,
Susan 26:4, 26:7, ten -foot 126:11 Todd 18:23, 19:2, 109:22, 109:24,
26:22 term 28:15, 160:6, 132:20, 133:1 110:1, 125:8, 125:9,
sweater 81:9 160:10, 160:10 together 36:1, 41:19, 125:17, 127:7,
sworn 3:23, 4:1, terms 14:21, 18:2, 142:23, 146:7, 127:14, 127:15,
4:22, 8:13, 11:13, 28:24, 76:19, 82:15, 160:24, 160:24, 128:15, 128:19,
13:5, 16:16, 18:24, 101:19, 127:17, 161:6, 161:18 129:2, 160:16
20:13, 24:11, 26:5, 131:2, 131:3, 140:20, Tom 2:2, 6:22, 13:4, trail 126:22
29:20, 32:7, 33:11, 163:14 13:7, 32:4, 58:23, trails 125:22, 125:23
36:19, 38:8, 40:18, test 32:19, 72:16, 60:14, 118:20, 120:4, transcends 55:15
42:10, 45:5, 46:1, 161:7 134:24, 136:10, transcript 147:8,
47:11, 53:6, 61:14, testified 4:22, 8:13, 170:17, 171:24 175:13
84:13, 91:14, 97:4, 11:13, 13:5, 16:16, Tomorrow 43:16, transfer 49:22, 88:5,
101:5, 107:16, 121:1, 18:24, 20:13, 24:11, 44:2, 44:6, 46:17, 88:12
122:11, 125:2, 26:5, 29:20, 32:7, 48:17, 74:16, 75:4, transition 65:5, 65:9
129:21, 131:18, 33:11, 36:19, 38:8, 75:8, 77:8, 142:19, transitional 17:23,
142:4, 143:21, 40:18, 42:10, 45:5, 146:19, 152:2, 154:3 55:14
154:21, 159:12, 46:1, 47:11, 53:6, Tonight 3:19, 12:23, transmission 137:14
163:3, 167:5, 175:7 61:14, 84:13, 91:14, 19:15, 31:17, 31:19, transportation 82:17
Sycamore 4:11 97:4, 101:5, 107:16, 41:13, 43:13, 43:20, trash 157:22
system 94:18, 121:1, 122:11, 125:2, 74:10, 74:15, 75:3, travel 63:4, 69:8,
126:12, 126:14, 129:21, 131:18, 75:12, 76:9, 82:12, 95:16
126:22 142:4, 143:21, 83:2, 83:16, 84:2, traveled 95:8
systems 94:9, 94:11, 154:21, 159:12, 85:24, 89:18, 90:7, traveling 49:15
94:16 163:3, 167:5 90:9, 100:7, 108:8, traverse 63:4
testing 91:20 117:11, 121:19, Travis 2:10, 16:12,
text 172:18 133:2, 142:11, 16:15, 25:18, 33:21,
< T > themselves 93:24 142:15, 145:4, 49:2, 53:12, 54:17,
T. 155:20 therein 148:7 145:10, 159:17, 77:5, 78:7, 172:11
table 37:23, 40:6, they've 95:7 164:16 treated 144:8,
54:18 thinking 92:22 took 66:17 144:20
talked 23:3, 24:19, thoroughly 152:1 top 104:17 trees 66:14
40:11, 89:7, 101:22, though 15:17, 29:9, total 9:23 trend 63:3
142:24,146:8 98:9, 106:12, 107:22, totally 80:19, 92:20, triangular 62:3,
talks 146:12 111:19, 113:2, 164:11 168:2 115:1
target 103:2 thoughts 63:15 toward 117:3 tried 99:18, 112:12,
Tax 37:7, 37:8, thousand 62:7 towards 65:8, 76:17, 113:16, 113:19
38:16, 78:22, 80:11, thre 101:15 103:17 tries 144:19, 144:19
95:19, 110:17, three 40:22, 60:16, tower 18:17, 55:22 trouble 173:2
123:20, 132:12, 67:10, 75:10, 111:18, town 32:11, 69:7, truck 125:17
132:13, 164:22 120:7, 130:6 75:10, 76:24, 102:3, trucks 68:24, 68:24,
taxes 35:11, 109:4, threw 27:14 161:8, 161:9 69:3, 69:7, 69:8,
110:11 throughout 149:23 Township 63:17, 69:9, 70:19, 71:3,
taxpayers 37:7 tied 160:24 163:16, 163:16 71:22, 72:3, 72:4
telephone 155:2, timing 131:2 tract 9:23, 39:3 true 15:4, 87:18,
155:6 title 91:23, 91:24 tracts 167:14 89:14, 90:4, 90:20,
tells 72:18 titled 49:13 traffic 38:21, 39:9, 100:13, 175:12
ten 75:1, 106:23, today 29:3, 29:3, 64:12, 64:19, 83:2, truly 8:7, 46:19
Depo Count Reporting Service
(630) 983 -0030
Yorkville Plan Commission 198
September 25, 2006
Trust 56:11, 56:11, < U > 167:22
60:22, 61:22, 61:22, ulterior 46:20 unincorporated < V >
91:18, 91:22, 91:23, ultimate 28:12, 149:19, 150:1, valid 103:10, 111:13
136:15, 137:6, 137:6 39:17, 84:3, 159:6 150:13, 153:19 valley 160:7
trustee 56:11, 91:24 ultimately 29:10, unit 128:6 valuable 123:18
trustees 23:4 110:5 United 1:2, 2:14, 4:4, value 110:21, 115:9
truth 35:4 unable 34:11 4:6, 7:5, 7:6, 7:8, various 28:6, 52:11,
Try 39:12, 47:13, unbelievable 106:21 7:23, 56:13, 59:6, 64:23, 138:19
109:21, 110:1, uncertainty 29:7 61:1, 61:3, 61:4, varying 52:11
145:17, 149:6 uncle 36:7, 36:8, 63:22, 78:14, 119:3, verifying 165:10
trying 5:7, 25:4, 36:11 120:11, 120:12, vicinity 153:6
25:6, 35:13, 35:14, uncontrolled 157:18 120:15, 135:8, view 151:5
36:1, 40:5, 46:12, uncovered 69:11 136:17, 136:19, village 13:24, 14:2,
55:18, 85:13, 93:16, underline 40:5 136:20, 137:18, 28:4, 113:20, 114:4,
94:23, 102:2, 107:6, underlying 121:13, 170:24 123:16, 123:19
117:15 130:14, 135:10 Unless 23:3, 31:24, violating 70:23
tuna 44:10 undersigned 56:8, 100:18, 114:2, 114:2, violations 71:7
turn 19:11, 64:14, 56:22 163:20 virtue 16:3
64:15, 78:2, 83:4, understand 19:5, unpaid 159:19 VITOSH 1:8,175:6,
84:1, 89:19 24:14, 37:4, 43:14, unpleasant 160:16 175:23
turned 169:1 51:17, 53:14, 76:16, unquote 37:22 voice 108:5, 108:5,
tw 88:16 77:19, 77:22, 80:19, until 109:12, 110:10, 108:12, 111:15
twenty 5:4, 5:4 85:23, 86:6, 86:11, 128:16, 133:14 volume 128:15
Two 5:5, 9:15, 10:13, 92:9, 93:16, 94:17, updated 23:22, volumes 127:14
13:16, 18:3, 18:4, 94:23, 104:11, 111:5, 152:14, 152:23, volunteers 159:19
18:5, 44:9, 81:11, 111:19, 113:17, 153:17 Vote 25:1, 43:15,
84:10, 84:20, 88:6, 113:23, 114:15, upfront 113:11 43:21, 43:21, 43:23,
100:17, 102:13, 131:7, 151:4 upheld 127:24, 43:24, 46:17, 67:11,
104:11, 104:12, understanding 9:21, 141:22 68:17, 75:4, 107:10,
110:23, 111:10, 30:21, 32:18, 50:1, urge 154:9 108:14, 115:17,
112:6, 116:21, 121:9, 50:3, 50:13, 67:20, useless 73:1 116:6, 117:22, 120:7,
132:21, 133:2, 96:4, 103:2, 104:13, uses 14:5, 17:2, 122:20, 122:21,
137:11, 155:19, 112:14, 112:18, 40:3, 52:6, 52:10, 133:18, 136:12,
160:3, 165:24, 172:3 121:17, 141:13 64:5, 83:1, 83:3, 172:3
type 32:21, 49:23, undoubtedly 159:5 102:14, 140:13, voted 46:5, 67:4,
50:9, 52:3, 76:8, unfair 76:7, 100:5, 168:2 122:20
91:19, 95:2, 95:4, 144:24 uses. 8:7 votes 66:24, 67:2,
101:20, 101:24, unfairly 144:21 using 37:7 67:6
128:14, 128:16 unfortunately 154:5, utilities 80:2, 80:16, voting 75:8, 167:13
types 100:4, 101:19, 157:14 94:1, 96:11, 96:13,
122:3 UNIDENTIFIED 21:9, 96:17, 105:12,
typical 75:22, 99:3, 21:18, 33:19, 34:5, 105:18, 106:1, < W >
130:16 38:13, 44:19, 47:1, 109:13, 110:5, Wait 19:11, 35:8,
Typically 75:22, 47:5, 72:20, 74:17, 138:14 35:8, 42:19, 44:16,
76:1, 76:6, 130:17, 78:16, 78:20, 84:5, utility 95:2, 137:13 73:15, 75:10, 78:2,
163:19 85:21, 86:4, 86:8, utilize 110:4 110:10
87:7, 98:3, 98:6, utilized 64:4 waiting 102:21
100:20, 106:9, waive 144:4
Depo Court Reporting Service
(630) 983 -0030
I
Yorkville Plan Commission 199
September 25, 2006
waiving 144:2,145:2 wetlands 160:6 width 104:10, 47:24, 48:3, 48:7,
Walker 137:21 Whatever 30:19, 104:12 48:11, 48:15, 48:21,
walking 125:12, 35:5, 40:3, 77:23, wife 9:1, 30:16 49:1, 86:14, 143:24
125:16, 125:22 85:15, 86:21, 87:11, willing 21:12,
wanted 29:24, 37:2, 90:21, 96:8, 97:16, 110:15,110:19
39:24, 99:8, 99:24, 98:13, 115:14, wind 140:5,141:5 <Y>
129:6,165:22 127:16, 129:1, windows 156:16, yard 66:12, 156:10
wanting 107:9 141:17, 145:19, 161:22 year 30:10, 32:10,
wants 15:9, 36:13, 157:9, 158:7,159:1, Winnetka 161:15 62:23, 68:1, 68:1,
43:6, 43:9, 79:10, 161:13, 161:23, wish 4:17, 24:17 128:1
116:23, 116:23, 162:11, 162:17 withdraw 8:1 year -by -year 103:5
116:24,131:6, Whereas 152:8, withdrawal 59:10 years 5:3, 9:6, 14:9,
160:21 152:14,152:17, withdrawn 10:11, 25:4, 28:15, 38:19,
Warren 129:20, 152:22, 153:3, 12:16, 40:7 46:6, 88:6, 102:21,
129:23 153:10 within 34:15, 54:16, 130:20, 155:4,
Waste 49:22, 66:12, WHEREOF 175:16 55:12, 63:12, 82:24, 168:23
66:13, 70:21, 88:6, WHEREUPON 4:20, 83:1, 87:6, 93:11, yeses 60:16
114:13, 138:5, 138:8, 8:11, 11:11, 13:3, 101:16, 101:17, Yorkville - bristol
138:22, 139:7, 139:8, 16:14, 18:22, 20:11, 110:18, 127:11, 48:20
139:19, 149:10, 24:9, 26:3, 29:18, 127:21, 132:17, Yorkwood 49:14
149:15,149:17, 32:5, 33:9, 36:17, 137:15, 138:19, young 154:18
149:22,150:15, 38:6, 40:16, 42:8, 138:22, 140:15, yourself 42:14,
151:9, 152:3, 152:9, 45:3, 45:23, 47:9, 150:13, 152:19, 162:15
152:10,152:12 53:4, 61:12, 84:11, 152:24, 157:16,
watched 46:22, 91:12, 97:2,101:3, 158:6, 158:16, 165:8
69:16 107:14,120:23, without 39:19, 161:3 < Z >
Water 13:16, 18:4, 122:9, 124:24, WITNESS 175:16 zone 50:15
18:13, 18:17, 18:17, 129:19,131:16, Witnesses 4:1 zoned 7:21, 10:1,
32:20, 55:22, 61:19, 142:2,143:19, wonderful 32:11, 10:3, 17:13, 17:15,
82:16, 94:10, 94:12, 154:19,159:10, 155:24 31:13, 31:16, 56:10,
94:17, 94:18, 95:3, 163:1, 167:3,172:9 wondering 158:5, 56:13, 56:15, 82:21,
97:12, 160:15, 166:3 Whether 86:12, 159:3, 163:7 102:5, 102:5, 121:10,
ways 37:8, 70:12 87:2, 87:3, 87:18, wood 158:2 130:7
weeks 20:2, 55:10, 89:2, 89:14, 89:15, word 27:9, 27:10 zonings 10:13
77:1 90:3, 90:22, 92:15, worded 57:18
wells 32:19, 32:20, 114:11, 117:4, work 33:1, 66:11,
92:3, 92:7, 112:16, 128:18, 144:14, 88:23, 95:2, 145:16 < Dates >
114:9, 165:16, 144:19, 154:10, working 51:4, 68:9, 10 -11- 172:6
165:19,166:11 163:12 142:23, 146:6 10 -13- 172:20
WESC 48:24 White 166:12, works 42:5 9 -22 -0 57:1
West 16:24, 17:4, 166:16 world 81:4 august 8, 2006
18:10, 25:6, 26:8, Whoever 52:16, worse 109:9 60:23, 60:23, 60:23,
26:23, 29:23, 49:9, 90:19, 98:13, 145:23 worst 145:5 136:16,136:16,
61:8, 61:19, 62:4, whole 15:5, 130:3, worth 162:16, 136:16
62:21, 95:13, 97:7, 153:5, 161:5, 161:5 162:20 january 2005
123:1, 136:24, widened 102:22 wraps 97:8 152:15,152:16
164:17 widening 64:14, written 39:13 january, 2005
western 95:10 127:17 Wyeth 2:13, 7:18, 152:22, 152:22,
Depo Court Reporting Service
(630) 983 -0030
Yorkville Plan Commission 200
September 25, 2006
153:17, 153:17
july, 2000 152:15,
152:15
may 16, 2006 149:9,
149:9, 149:9
may 4, '06 149:22,
149:22, 149:23
may 4, 2006 152:7,
152:7, 152:7
september 20, 2006
143:5, 143:5, 143:5
september 25, 2006
1:8, 1:8, 1:9
september, 2005
23:22, 24:2, 24:2
september, 2006
56:23, 56:24
i
Depo Court Reporting Service
(630) 983 -0030
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