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City Council Minutes 2010 05-11-10 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. ]KENDALL COUNTY. ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, MAY 11, 2010 Mayor Burd called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Present Ward I I Golinski Present (via telephone — until 8:25) Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Attorney Gardiner, City Administrator/Interim Director of Park and Recreation Olson, Police Chief Hart, Police Lieutenants Schwartzkopf and Delaney, City Engineer Wywrot, Public Relations Officer Spies, Community Development Director Barksdale -Noble and Building Inspector Zabel. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd asked that an Executive Session be added for the purpose of discussing pending litigation and that Item #4 under the Mayor's Report — Resolution In Opposition to Proposed Changes in the KenCom Intergovernmental Agreement (CC 2010 -41) be combined with Alderman Munns report under the Public Safety Committee Report. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., May 18, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., June 1, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., May 20, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., May 27, 2010 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS Crestview Builders, Inc. Crestview Builders, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Annexation Agreement and Planned Unit Development dated July 12, 2005, and the Amendment to the Annexation Agreement and Planned Unit Development dated December 18, 2007. The real property consists of approximately 60 acres located south of Veterans Parkway and along Cannonball Trail, Yorkville, Illinois. I Please see attached Report of Proceedings by Christine Vitosh, C.S.R from Depo Court Reporting Service for the transcription of this portion of the meeting. The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2010 — na e�2 CITIZEN COMMENTS None. CONSENT AGENDA None. PLAN COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Sutchff to approve the minutes of the City Council meeting of March 23, 2010 and the Special City Council of April 10, 2010; seconded by Alderman Spears. Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated May 3, 2010, totaling the following amounts: checks in the amount of $104,316.43 (vendors FY 09/10); $438,294.10 (vendors FY 10 /11); $242,495.77 (payroll period ending 4/24/10); for a total of $785,106.30; seconded by Alderman Werderich. Alderman Gilson stated that he submitted questions on the bill list but had not received any answers. Administrator Olson stated that Director Mika was at a seminar and that he had received her memo with the answers but did not get to review it. He went over Director Mika's May 10, 2010 memo (see attached). Motion approved by a roll call vote. Ayes -5 Nays -2 Plocher -aye, Spears -nay, Munns -aye, Sutcliff -aye, Gilson -nay, Teeling -aye, Werderich -aye REPORTS MAYOR'S REPORT Proclamation for Poppy Days (CC 2010 -38) Mayor Burd read a proclamation for Poppy Awareness Days of May 27, 28, 29, 2010 (see attached). Appointments to Boards and Commissions (CC 2010 -39) Fire & Police Commission Mayor Burd entertained a motion to approve the re- appointment of Margie Putzler to the Fire & Police Commission. So moved by Alderman Werderich; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -7 Nays -0 Sutcliff- -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye Human Resource Commission Mayor Burd entertained a motion to approve the re- appointment of Amy Baudouin to the Human Resource Commission. So moved by Alderman Sutcliff, seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye Library Board Mayor Burd entertained a motion to approve the re- appointment of Gail Gaebler to the Library Board. So moved by Alderman Werderich; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -aye Plan Commission Mayor Burd entertained a motion to approve the re- appointment of Jeff Baker to the Plan Commission. So moved by Alderman Sutcliff, seconded by Alderman Werderich. The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2010 — va eg_3 Motion approved by a roll call vote_ Ayes -7 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff- -aye, Munns -aye Police Pension Board Mayor Burd entertained a motion to approve the re- appointment of Todd Overmyer to the Police Pension Board. So moved by Alderman Sutcliff, seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff-aye, Munns -aye, Spears -aye Library Board Mayor Burd entertained a motion to approve the appointment of Bob Allen to the Library Board. So moved by Alderman Sutcliff, seconded by Alderman Teeling. Motion approved by a roll call vote. Ayes -7 Nays -0 Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye Selection of Mayor Pro Tem for F/Y 10 /11 (CC 2010 -40) A motion was made by Mayor Burd to appoint Alderman Plocher as Mayor Pro Tem. So moved by Alderman Sutcliff, seconded by Alderman Teeling. Alderman Spears asked if the procedure for appointing the Mayor Pro Tem indicated that seniority was followed. Mayor Burd stated that it does not specify seniority however the City Council has set a precedent by following the seniority of the aldermen when appointing the Mayor Pro Tem. Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1 Teeling -aye, Gilson -aye, Sutcliff-aye, Munns -aye, Spears -aye, Plocher- present, Werderich -aye Resolution 2010 -12 In Opposition to Proposed Changes in the KenCom Intergovernmental Agreement (CC 2010 -41) Mayor Burd entertained a motion to approve a resolution in opposition to the proposed changes in the KenCom Intergovernmental Agreement and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Sutcliff. Mayor Burd explained that City Attorney Orr reviewed the current agreement and there is no mechanism in it for Kendall County to terminate it however there is for cities to do so after giving notice. Attorney Orr has drafted the resolution to encourage the Kendall County Board and KenCom to continue with the current intergovernmental agreement and to use the public safety tax to fund KenCom. She stated that Yorkville, Oswego and Plano represent over 60% of Kendall County and all the communities want to sit down with the Kendall County Board and negotiate. Chief Hart explained that the Kendall County Board wants the new agreement signed by June 24, 2010. The new agreement proposes to use public safety tax to fund the Kendall County portion of KenCom with all other participants' splitting the difference. The Police Department feels that the new agreement would be double taxing citizens and supports the proposed resolution stating that Yorkville wants the current agreement to remain on place. Alderman Munns reported that the public safety tax pays for 911 services. The county board wants to cap the tax however the affected municipalities are asking the board to live up to the original agreement. If the city does not sign the new intergovernmental agreement then it will be out of KenCom. He added that the city does not want this; they want to negotiate with the county. Mayor Burd added that there is a 911 surcharge on every telephone line in Kendall County as well as every cell phone line. There are limitations on how these funds are spent. Mayor Burd added that the current agreement has Kendall County funding $2 million of the $4 million used to expand the Kendall County Courthouse. They are also using $2 million to abate real estate taxes. The Kendall County sheriff has increased his budget while municipalities have had to decrease theirs. There was a brief discussion on the 911 surcharge, the county using money from their general fund to support KenCom and the uncertainty as to where the funds are going. The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2010 — nage 4 Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1 Munns -aye, Spears- present, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff- -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Annual Police Pension Report for Fiscal Year Ending April 30. 2010 (CC 2010 -42) Fiscal Year 2010 -2011 Police Pension Budget (CC 2010 -43) Treasurer Powell reported that the City Council had received copies of the annual report and budget (see attached). The fiscal year end balance for the Police Pension is $3,645,473.42. Total contributions were $525,000.00 with retirement payments of $275,000.00. Signature Cards Treasurer Powell reported that he had new signatures cards for the aldermen to sign for the account at Castle Bank. CITY ADMINISTATOR'S REPORT Administrator Olson reported that if any resident notices weeds that are too tall, they should call the Building Department. Building Department employees will do an inspection and try to remedy the situation. If the problem is not addressed by the owner of the property, the city will mow and bill the owner. He stated that some residents have questioned if they should call the owner's themselves however the city can write a ticket for a mowing violation. He asked that when residents call in a complaint they include the address, parcel, lot number or nearest intersection. Mayor Burd noted that the Police Department has shared this information through the Neighborhood Watch program. Also, having the Police Department handle complaints takes away animosity between neighbors. Alderman Munns stated that there were areas in Fox Hill around the Dreyer Medical building that need mowing. Administrator Olson stated that once the city contacts them they do mow. Alderman Munns felt that the fines for non - compliance should be higher. Administrator Olson stated that raising the fines is being discussed at the May 18, 2010 Public Works Committee meeting and that fines were determined during the adjudication process. FINANCE DIRECTOR'S REPORT No report. CITY ENGINEER'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief Hart reported that Officer Calvert retired after 28 years on the force. Officer Calvert requested that there be no party in his honor however his fellow officers took up a collection for a retirement gift. The city also presented him with a gift. Chief Hart also thanked the City Council for their support with KenCom. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported that Music Under the Stars begins June 11, 2010 and will be held every other Friday throughout the summer. Also, the Farmer's Market starts Saturday, June 12, 2010 and the city is still accepting applications for it. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. The Minutes of the Regular Meeting of the Citv Council — Mav 11.2010 — nage 5 COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported: • The City's website will be updated with a "FAQ" section. Mayor Burd added that Mrs. Spies sends out email blasts with city information. Anyone interested should contact her or go to the city's website to sign up. • A community yard sale will be held on June 18 & 19, 2010 at the former Countryside Center property. • The American Legion will be hosting a memorial Day event on May 31, 2010 at 11:30 in Town Square Park COMMUNITY & LIAISON REPORT Yorkville Bristol Sanitary District Alderman Gilson reported that he attended the Yorkville Bristol Sanitary District meeting on May 10, 2010. Items discussed were IMRF, FOIA compliance, hiring anew office manager and the south side sanitary sewer repairs. Alderman Gilson was concerned that Alderman Plocher approached Ralph Pfister of the YBSD to discuss developing a long range plan for the south side repairs without first bringing the matter to the Public Works Committee or the YBSD liaison. Northeastern Illinois Area Agency on Aging Alderman Spears reported that she attended the NEIL Board meeting. Things discussed were: • They have only received 20% of Illinois general revenue funds and have submitted a hardship letter to the state for the $1.2 million that it is owed. • Revised grants reducing the anticipated revenue funds by 50% have been issued. Two subsequent area plan revisions are being prepared; for when the carry-over figures from FY 2009 are available and for when the actual general fund revenue amount is determined for FY 2010. • The Veterans Independence Project (VIP) is moving along. Training for counselors and case managers is scheduled for May 19, 2010. NEIL is in the final stages of approving the cooperative agreement between area agencies on aging and VA hospitals. • The Chronic Disease Self- Management Program is new to the area. It uses trained people to teach individuals with chronic health conditions about their condition and how to manage it. • FY 2011 funding projections has been prepared. If NEIL is fully funded there may still be a decrease of federal funds. There will be no American Recovery and Reinvestment Act funding in 2011 resulting in a loss of $353,424.00. State funding even at its full level will be $133,157.00 less than in 2010. Total agency income is conservatively projected to be $305,694.00 less than in FY 2010. The distribution of funding among counties for FY 2011 has been adjusted using 2008 population estimates from the Census Bureau. Kendall County Senior Providers Alderman Spears reported that the Kendall County Senior Providers will be hosting the 6 Annual Kendall County Elder Friendly/Livable Communities Seminar on May 21, 2010 from 9:00 a.m. to noon at the Oswego Senior Center, 156 E. Washington Street. Metro Mayors Caucus Mayor Burd reported that she attended the Metropolitan Mayors Caucus where the Illinois is Broke Coalition presented a PowerPoint presentation on pension reform. The total budget deficit is $14 to $15 billion for 2010 and most of the debt is attributable to the retirement program. There was also a Services Delivered Task Force meeting at the caucus. This looked at the delivery of services to residents at a reduced cost. Some cities are willing to combine services in order to save money. Yorkville is looking at participating in the task force and she stated she would report back on the pilot program to the City Council in the fall. Library Board Mayor Burd reported that she attended the Library Board meeting along with Administrator Olson, Director Mika and Alderman Gilson. Alderman Gilson reported that the Library Board discussed cash carryover, city funding assistance, the existing Intergovernmental Agreement from 1997 providing services from the city, seal coating the parking lot, the Library District fact finding budget issues and revenue from the tax levy. The Library Board will vote on the city's request for funding assistance at their next meeting. Kendall County Food Pantry Treasurer Powell reported that 25 computers without monitors were donated to the food pantry. They are now in need of monitors to be donated. I The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2010 — nage 6 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Approving the First Amendment to the Amended Annexation Agreement Planned Unit Development Agreement (Blackberry Woods Subdivision) (PC 2010 -03) A motion was made by Alderman Spears to approve an ordinance approving the First Amendment to the Amended Annexation Agreement and Planned Unit Development Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Alderman Spears had the following concerns: • The current amendment locks in fees for 8 years whereas the original locked them in for 5 years. • Instead of waiving the transportation fee could Yorkville collected the fees for the offsite road work, save them and used them later? Administrator Olson explained that the road fees are collected to offset the impact of new residents on the existing roads and are used toward work on roads in the area of the subdivision. The city has waived this in the past or used the fees on perimeter roadway improvements. He confirmed that the fees can be collected and used later. She stated that she supported the collection of the fees to be used later. • When will the land cash fee be collected. Administrator Olson explained that the intent is to ask for immediate delivery of the outstanding land cash obligation at the signing of the amendment. • The original plan identified a park site but now the plan doesn't indicate one. She asked that this be included again. Attorney Kramer, representing the developer, explained the plat had been recorded so the parks cannot be changed. • She went out to the property and noticed erosion at the pond site. The same company has been contracted to redo the ponds and it appears they weren't constructed properly. Attorney Kramer explained that the ponds have not been properly maintained. The same engineer is being used on the ponds however a different contractor will repair them. • Will future homes be built at the same standards as those already there. Attorney Kramer stated that the developer will be meeting with residents to discuss their concerns about this. • There is debris on several lots. Administrator Olson stated that the owner of the lots is responsible to clean them up. Alderman Spears asked that this be addressed. • Is there sewer on Purcell Drive? Attorney Kramer stated that there will be a sanitary sewer and large watermain. He also stated that a Letter of Credit (LOC) will be posted to address the sewer and maintain it. • Will residents be allowed to decide if they want a Homeowner's Association (HOA)? Attorney Kramer explained that the HOA was for the R-4 residences to address the outside maintenance such as the yards. Alderman Spears asked how the funds paid into the HOA could be found. Attorney Kramer stated that the bank could probably find out and that he would investigate. Attorney Gardiner added that it is not a city obligation to investigate; residents will have to do this. Alderman Sutcliff stated the economy and the state of the subdivision need to be taken into consideration. She felt it was a positive thing to have a quality builder come in and complete the subdivision. Alderman Gilson had the following concerns: • The LOC is 120% of costs based on an engineering estimate from 2005 and he questioned if this was a sufficient amount. He asked if the LOC would be held for the other lots and Attorney Kramer stated that it would. Alderman Gilson felt that waiving the LOCs was not a smart move. • Fees are being locked in until 2018 and costs will increase. • Due to the city's current budget it he felt it unwise to waive the Transportation Infrastructure Fee. He questioned what the transportation fee cover? Administrator Olson reiterated that the fee covers road projects that the city decides are needed in the area of the subdivision. Attorney Kramer added that city has to show that the improvements are uniquely attributable to the subdivision. • If the HOA is waived would the cost associated with a new HOA fall on the residents? Attorney Kramer explained that the developer owns the majority of the lots in the subdivision and will participate in the HOA. Alderman Gilson felt that once this is waived there will be no The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2010 — vnze 7 accountability or tracking of the fees. Attorney Kramer clarified that the HOA is only being waived on the R-4 lots. • Why lock in the International Building Code until 2020? Codes could be upgraded in this time period and the builder should comply. Administrator Olson stated that this was a policy decision by the City Council; the builder feels they cannot develop the subdivision unless the codes are locked in. • When will the city get land cash funds and is there a liability for not collecting it? Attorney Kramer explained that the city would get land cash funds even the unpaid portion. He also stated that he was not sure funds weren't collected. Alderman Gilson stated he could not support the amendment due to his concerns. Alderman Werderich expressed his concern with the lack of notification and information provided to the residents of the subdivision. He felt it was the duty of the city to get the information regarding the amendment to the residents so they could review and digest it. He shared the concerns with waiving the transportation fee, freezing the building code and the reduction of the LOC's. He suggested the amendment be tabled so residents could have time to review the information. A motion was made by Alderman Werderich to table the amendment until the next City Council meeting; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -4 Nays -3 Teeling -nay, Gilson -aye, Sutcliff -nay, Munns -nay, Spears -aye, Plocher -aye, Werderich -aye Attorney Kramer commented that if the transportation fee is not waived or the other fees are not locked in, the city will lose the deal with this developer. Amending the Code of Ordinances Amending the Building Department Fee First Reading (EDC 2010 -03) Alderman Spears reported that this was the first reading of the ordinance which proposes an increase of Building Department fees as discussed by the Economic Development Committee. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Pasquinelli Signs Alderman Teeling reported that residents of Grande Reserve have requested that the Pasquinelli signs be removed from the subdivision. Administrator Olson stated that he would look into this. Blackberry Woods Subdivision Alderman Spears asked if staff was going to review the comments made tonight and bring back a different document. Mayor Burd stated that the amended agreement would be brought back as is. EXECUTIVE SESSION Mayor Burd entertained a motion to go into Executive Session for purpose of discussing litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Sutcliff, seconded by Alderman Munns - Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye The City Council entered into executive session at 10:18 p.m. The City Council returned to the regular session at 11:03 p.m. The Minutes of the Regular MeetinLy of the Citv Council — Mav 11, 2010 — oa ee88 ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Spears. Adjournment of the meeting was unanim ously approved by a viva voce vote. Meeting adjourned at 11:03 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois ** *Digital tape recorder malfunctioned — missed 25 minutes at beginning of meeting. REGULAR CITY COUNCIL MEETING Public Comment May 11, 2010 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: - aa . � L J r I SIGNIN REGULAR CITY COUNCIL MEETING May 11, 2010 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: X32 Y " 0J c It ( kA"q Wf I G C wo ) r f' �k AW I p IC(` A A� f S 0 SA n) ti o c 1 ��� f �(4 c 0- 6 (J� ��C�e r v`l� wi rfz l �C 1C Q 229 l�uc�` / , �� qw� �Gf�rJ �Z �P �r✓�G`��% 1 -�✓c� ��` I � I SIGNIN I k"1 J y r'LJ')Ile -7 REGULAR CITY COUNCIL MEETING May 11, 2010 PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: D o, v p Ll-/- Pat ` t Y I r rArk , )DlkrLs0K 84y �orlw 6A r ( e' iSWV 4 y ® Rv1� r v � SIGNIN I I CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on May 11, 2010, at the hour of 7:00 p.m., at 800 Game Farm Road in I II ;' the City of Yorkville, Illinois. D- 908810 REPO • COURT reporting service 1300 Iroquois Avenue, Suite 205 Naperville, IL 60563 630- 983 -0030 • Fax: 630 - 778 -4824 e -mail: depocourt @depocourt.com • www.depocourt.com 2 1 P R E S E N T: 2 MS. VALERIE BURD, Mayor; 3 MR. ARDEN JOE PLOCHER, Alderman; 4 MR. MARTY MUNNS, Alderman; 5 MS. ROSE ANN SPEARS, Alderwoman; 6 MS. ROBYN SUTCLIFF, Alderwoman; 7 MR. WALLY WERDERICH, Alderman; 8 MR. GEORGE GILSON, JR., Alderman; 9 MS. DIANE TEELING, Alderwoman. 10 VIA SPEAKERPHONE: 11 MR. GARY GOLINSKI, Alderman. I 12 I 13 14 MR. BART OLSON, City Administrator; 15 MR. WILLIAM POWELL, City Treasurer; j 16 MS. JACQUELINE MILSCHEWSKI, ,City Clerk. 17 18 19 A P P E A R A N C E S: I 20 BY: MR. TOM GARDNER, 21 Appeared on behalf of the United 22 City of Yorkville, Illinois. 23 - - - - - 24 Depo•Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance.) 2 MAYOR BURD: The next item on the agenda 3 is the public hearing. We are going enter into to 4 a public hearing on Crestview Builders, ` 07:07PM 5 Incorporated, petition -- petitioner, has filed an f i 6 application with the United City of Yorkville, r 7 Kendall County, requesting an amendment to the 8 Annexation Agreement and Planned Unit Development 9 dated July 12, 2005 and the amendment to the 07:07PM 10 Annexation Agreement and Planned Unit Development 11 dated December 18th, 2007. 12 The real property consists of 13 approximately 60 acres located south of Veterans 14 Parkway and along Cannonball Trail. J 07:07PM 15 Is there someone here who would like 16 to speak for the petitioner? 17 MR. KRAMER: Good evening, Mayor, 18 Aldermen, and members of the public. My name is 19 Attorney Daniel J. Kramer. I am an attorney 07:08PM 20 licensed to practice law in the state of Illinois 21 and I represent the petitioner, Crestview 22 Builders, Inc. 23 Basically the folks that live in 24 that subdivision and you, as Aldermen and Mayor Depo•Court Reporting Service (630) 983 -0030 4 1 and the Staff of course know, the property was 2 originally annexed to the City and developed by 3 McCue Builders. 4 Unfortunately with these bad times, 07:08PM 5 McCue Builders was not able to carry out its 6 obligations and they tendered the property back to 7 Castle Bank, which is the actual owner as we speak 8 here tonight. 9 Crestview Builders has approached 07:08PM 10 Castle Bank and has a written contract to purchase 11 the property with the bank and would like to come 12 in and develop the property. 13 Crestview has developed two 14 subdivisions in the City of Yorkville; they I 07:08PM 15 developed Greenbriar subdivision, and the 16 principals of Crestview were also involved in 17 White Oak subdivision, both of which turned out to 18 be very nice developments and good additions to 19 the City. 07:09PM 20 Primarily with the petition to amend 21 the Planned Unit Development agreement, they 22 wanted to assure to themselves, with the market 23 unfortunately where it is now and none of us 24 having a crystal ball to know precisely when it's Depo•Court Reporting Service (630) 983 -0030 5 1 going to recover, that there would be enough time 2 in terms of some of the entitlements on the 3 property to develop it and perhaps develop it in a 4 little bit more orderly fashion. 07:09PM 5 I'm sure if McCue Builders, as we 6 said at the Economic Development Committee about a 7 week ago, could turn back the hand of time, what 8 they would have done is divided it into phases, or 9 units, had the overall preliminary plan approved, 07:09PM 10 but only had maybe a 40 or 50 -lot plan and plat 11 recorded and develop it on an as -need basis. 12 When they go through the process, 13 hindsight always works good, the economy was 14 certainly a lot better, lots were selling, and 07:1OPM 15 they anticipated they'd be able to do it all in E 16 one fell swoop, which, of course, was not the 17 case. 18 The petition for amendment of the 19 PUD asks that the City Council lock in the fee 07:1OPM 20 structure and the entitlements to 2018; that's one 21 of the requests. 22 A second was that in a certain area 23 of the subdivision, primarily up in the north, 24 that were a little bit smaller lots, originally Depo•Court Reporting Service (630) 983 -0030 i 6 1 they had planned -- that is, McCue Builders -- 2 that they would have an outside maintenance 3. package and a totally separate or sub homeowner's 4 association that would do all of the mowing of the 07:IOPM 5 lawn and all of the outside maintenance. 6 Crestview has not done that type of 7 project before, they have built traditional homes, 8 duplexes, and so on, so they're asking to amend 9 that agreement that any individual lot owner would 07:11PM 10 maintain their own property. 11 Second -- Or thirdly, they are 12 asking to -- even though it is a final plat as to 13 the whole subdivision, there is a portion of the 14 improvements that -- generally on the west, where 07:11PM 15 there are no homes, that there is a water line in, 16 so it's good for the citizens that live there, you 17 don't have a dead -end water main, it's looped for 18 the west and the east, so that would be maintained 19 by letter of credit, but on the western portion of 07:11PM 20 the property where the roads haven't been started 21 as far as the base coat of asphalt and so on, 22 they're asking that they not post the letter of 23 credit for that work to begin until they are ready 24 to move into that unit of the subdivision. Depo•Court Reporting Service (630) 983 -0030 7 1 Conversely, they could not sell any 2 lots in that unit, that's part of the amendment, 3 nor could they even start on those public 4 improvements until they post that letter of 07:11PM 5 credit. i 6 On the eastern portion of the 7 subdivision where the base coat is in and all the 8 other public improvements are in, Crestview 9 Builders would post the full letter of credit 07:12PM 10 under the City ordinances. 11 We also have a very, very detailed 12 landscape plan and detention pond plan. With all 13 this blue up here, it's hard to see where the 14 ponds are, but there is a smaller drawing that you 07:12PM 15 should have on the screen or in your package. 16 The ponds are in in terms of 17 engineering in the sense they function as 18 drainage, but they need to be cleaned up as far as 19 cattails and so on, and some newer, more 07:12PM 20 appropriate type of plantings need to be put in, 21 and it's part of the amendment that Crestview 22 would do that at their expense. They would be 23 responsible for an extended maintenance period on 24 that. Depo•Court Reporting Service (630) 983 -0030 8 1 One of the things that the McCue 2 Builders did, they actually recorded with the 3 Secretary of State a not - for - profit homeowner's 4 association, but they never funded it, never got 07:12PM 5 off the ground with it, so that the homeowners out 6 there could activate that association. It's 7 current with the Secretary of State at this point, 8 but there is no assessments being made. I 9 The City always requests a backup I 07:13PM 10 SSA, so that as far as the two common features, 11 the two detention ponds, and there is a small sign 12 up at the front of the development, those would be 13 the only thing that could ever be subject for levy I 14 on the backup SSA. 07:13PM 15 The open space areas, there is two 16 large ones, that when they are complete, they are 17 called for under the original PUD agreement, and 18 that stays the same. They will be deeded to the 19 City once they are completed for park and 07:13PM 20 recreation purposes. 21 So that basically summarizes the 22 amendments to the PUD. We're happy to answer any 23 questions that we can tonight. Crestview has not 24 closed on the property, they obviously want to see Depo•Court Reporting Service (630) 983 -0030 9 1 the amendment approved. 2 As I say, Castle is the owner as we 3 stand here tonight, but we think it's an advantage 4 both for the City, for the petitioner, and for the 07:14PM 5 neighbors to have a good, reputable builder who 6 will get this thing moving right away. 7 It's the intention of Crestview, if 8 the property -- or the PUD amendment is approved, 9 they would close in around 30 days with Castle 07:14PM 10 Bank, and it would be their intention to start 11 building homes yet this building season, so that 12 you would see some activity out there and the pond 13 cleanup would get going right away as well. Thank 14 you. 07:14PM 15 MAYOR BURD: Thank you. Okay. Is there I 16 anyone here who would like to address -- Yes, sir. 17 Please come up to the podium. 18 MR. M. JOHNSON: Hi. I'm Mark Johnson, 19 Yorkville. First I'd like to -- just before I 07:15PM 20 start, I'd like to point out a couple things since 21 it's got a nice drawing up here that -- as Dan I 22 said, the roads right now end someplace in here, 23 here and -here, so this is all just dirt and 24 gravel. Nothing in there. ' Depo•Court Reporting Service (630) 983 -0030 10 1 Another key thing I want you to 2 understand is at the end of this is the Beecher 3 Road extension that I think everybody understands 4 is a main corridor that's going to go through, so 07:15PM 5 I wanted you just to know that in relationship to 6 these lots as I talk little bit. II ' 7 Okay. You're probably wondering why 8 I'm having anything to say to a requested change 9 to a development my city. I've been very vocal 07:15PM 10 for several years now about demanding my city make 11 substantial cuts in its budget. I did not expect 12 the City to allow those cuts on the revenue side. 13 This developer is requesting to cut 14 City revenues for its own profit. I am here 07:16PM 15 tonight to comment on the alarming information 16 that the residents of Blackberry Woods received in 17 their mail concerning their homes. 18 I took out a section here tonight I 19 that I found out about an illegal mailing that was 07:16PM 20 delivered to mailboxes, but it wasn't due to the 21 developer or to the City, so I am taking that part 22 out, but I just wanted you to be aware that many 23 residents didn't get notification. 24 The lack of support documentation Depo•Court Reporting Service (630) 983 -0030 I 11 1 for this public hearing is horrendous. Upon 2 finding out about this public hearing a week ago, 3 I went to the City Hall, requested and received 4 all they had, a three -page overview document. I 07:17PM 5 Last week the City's website had no 6 City Council packet available. After digging 7 deeply, I was finally able to find some additional 8 info under the Economic Development Committee 9 packet. 07:17PM 10 The average homeowner in Blackberry 11 Woods wouldn't be able to understand any of this 12 until tonight's public hearing. Then they would 13 be required to state their case with no time to 14 - prepare. 07:17PM 15 This Council in its infinite wisdom 16 is taking an up or down vote tonight. This 17 happens far too often in our city. Our City brags 18 about transparency, but this hearing proves 19 otherwise. 07:17PM 20 Citizen's access to all documents 21 concerning public hearings should and must be made i 22 available from one same source ahead of time. It 23 must be transparent. 24 By doing hours of research, I have Depo•Court Reporting Service (630) 983 -0030 12 1 since found additional information, important 2 information, about this new developer's request 3 that was not available to me a week ago. 4 Four to five years ago I heard this 07:18PM 5 City Council argue that Yorkville needed more 6 commercial development and less residential. 7 Commercial development brings in money and 8 residential brings in more people and more costs 9 to the City. Those were the words of our City 07:18PM 10 Council. 11 Now here is a developer coming into 12 the City wanting to bring more residential growth 13 while paying less than their fair share to our 14 city. 07:18PM 15 I'll quote the developer and City i I 16 directly from the City's website packet memorandum 17 from Bart Olson, "The petitioner is on an 18 expedited schedule due to the terms of their I 19 purchase contract, which is why the final language 07:18PM 20 of the contract has not been completed." 21 I must comment on this section 22 first. Expedited? Just because a developer is in 23 a hurry, why should this Council be? So much of a 24 hurry not to have the contract final? Sounds like Depo•Court Reporting Service (630) 983 -0030 13 1 Speaker Pelosi on her new healthcare, pass this so I 2 the people can see what's in it. 3 Developers have told you many times 4 in the past, Trust me, we just want to be your 07:19PM 5 friends and do what makes economic sense. 6 Economic sense to whom? 7 I also read in the original 8 annexation agreement that there is a five -year 9 freeze on the fees to the City. After July 12th 07 :19PM 10 -of 2010, the developer must pay all new fees and 11 increased fees to the City. Now they are here 12 asking for reduced fees even from that. Could 13 this be another reason they want their request 14 expedited? 07:19PM 15 Another quote, it is my hope that 16 the Economic Development Committee can give Staff 17 and the petitioner some direction on the policy 18 issues in the amendments so that any disagreements 19 between Staff and the petitioner can be settled 07:20PM 20 prior to the City Council public hearing. 21 The Staff and petitioner want 22 direction on policy so it can be settled prior to 23 this hearing? Excuse me? When were you going to 24 let the people who live in Blackberry Woods, who Depo•Court Reporting Service (630) 983 -0030 14 1 will be the most directly affected, know about 2 this? After you settled it and reached agreement? 3 This is what the people got. This 4 is the information that I got via the website and 07:20PM 5 whatever basically your packet is. Quite a bit of 6 difference. This is the only thing the homeowners 7 received. 8 Again I quote, The developer is 9 requesting a substantial amount of changes to City 07:20PM 10 code and policies to make the subdivision viable. 11 Again I must say, Excuse me? The original 12 developer is a well -known builder in this 13 community and he was going to make money with the 14 current rules. Don't try and make me believe 07:21PM 15 Crestview Builders can't or won't make a fair 16 profit under those same rules. 17 Quote again, As we have seen in the 18 past few years, residential development has 19 halted. Explain to me why this is a bad thing? 07:21PM 20 Remember, not long ago this Council wanted to slow 21 down or stop the residential growth as compared to 22 the commercial. 23 Comments were made by the City 24 Council-at that time that residential building Depo•Court Reporting Service (630) 983 -0030 15 1 costs the City more. Do you remember this 2 Council's words? 3 Quoting the City and developer one 4 more time, the developer has stated that the i 07:21PM 5 existing codes and requirements, et cetera, 6 renders most residential development in this city, 7 and particularly this site, economically 8 unfeasible. 9 Beware of this type of rhetoric 07:22PM 10 coming from developers. We have heard it many 11 times before and it usually ends up costing the I 12 City and taxpayers money. And just why does it i 13 make it unfeasible? This is a red flag to me. 14 Makes you wonder what they have planned up their 07:22PM 15 sleeves for this subdivision. 16 I also have been led to believe this 17 builder is a non -union shop who brings in his work 18 force with him. This may help him be more 19 feasible, but does that create jobs in Yorkville? 07:22PM 20 Secondly, if developers don't like 21 how our city does business, then I recommend the 22 developers can just move on down the road to the 23 next town where there are even better deals and 24 soft city governments willing to sell the souls of Depo•Court Reporting Service (630) 983 -0030 16 1 their citizenry for a few coins. 2 I am a local realtor who has lived 3 in my city for 60 years and I know this town's 4 premier development areas. Blackberry Woods is 07:23PM 5 one of those shining star development areas. 6 Blackberry Woods has everything, it has Blackberry 7 Creek, the woods,.and on December 18th of 2007, 8 Mayor Burd signed the first amendment and accepted 9 the proper feasible plan for this development. 07:23PM 10 The housing market was already in 11 the tank when McCue Builders asked for that 12 amendment. That first amendment was to make it 13 economically feasible also. 14 Just because the City caved in on 07:23PM 15 Windett Ridge, as Attorney Kramer stated, by 16 giving the big banks money prorated on components 17 of that development being completed doesn't make 18 it right to cave in on all developers. 19 When is this City Council going to 07:23PM 20 grow a set and stick by its commitments to the 21 existing citizens and taxpayers? It seems like 22 everyone coming into our city with their ideas 23 wants it their way or they threaten to sue our 24 city over the smallest item. I- Depo•Court Reporting Service (630) 983 -0030 i 17 1 I ask this Council to stand up and 2 quit cowering every time you hear that threat from 3 developers. Bullies need to be punched right I 4 smack in the noses sometimes and then they will 07:24PM 5 leave you alone. 6. We as a city have been lucky enough 7 to catch a breather here with'slower and better 8 development. What we experienced in growth over 9 the last ten years is not normal. What we see 07:24PM 10 today in slower growth isn't normal either. 11 I promise you, responsible growth is 12 on its way back. When our growth does get back to 13 normal, will we have to hire ten more lawyers to 14 defend the City against all the changes we keep 07:24PM 15 making from every developer? 16 Every change you make now is setting 17 precedence for every developer to follow. It 18 never ends. We are in a growth circle around 19 Chicago. We will be developed. It is just a 07:25PM 20 matter of time. But what will we be developed 21 into? 22 Like the movie It's a Wonderful 23 Life, do we want to look like Bedford Falls or do 24 we want to look like Potterville? Depo•Court Reporting Service (630) 983 -0030 18 1 I ask this Council to take a stand 2 now before you create more troubles for the 3 councilmen that follow you. Tell these developers 4 that these are our people's and our taxpayer's and 07:25PM 5 our City's terms. 6 We have already agreed to the I 7 existing planning and zoning and a lot of good 8 townspeople put these rules together to protect .9 our city, not to mention how unfair it is to the 07:25PM 10 12 or 13 existing homeowners who built under the 11 assumption that the entire subdivision would I 12 continue as it was originally presented them when i 13 they purchased. 14 Now is not the time to run panicked 07:26PM 15 into the street and give in to developers who want 16 to change the rules just for their own profit. � I 17 How poor our memories are to not I 18 remember how you all have been treated by 19 developers when they promised to fulfill their 07:26PM 20 commitments to everyone in Windett Ridge, Grande I 21 Reserve and Bristol Bay. 22' Those investors who have the money 23 today are buying developments for a song and want 24 to maximize their profits. I don't blame them, Depo•Court Reporting Service (630) 983 -0030 19 1 but they know the rules coming in. Live with 2 them. Don't let the developers try to con you 3 into believing they care about anything except I 4 more profit for them. 07:26PM 5 When developers cease to meet their 6 quotas on profit, they, too, will drop our city 7 like a hot potato and leave us to clean up the 8 mess. I 9 That is why cities established the 07:27PM 10 rules of letters of credit; it helps protect 11 current citizens and current taxpayers of our city 12 from profiteering developers. 13 This developer brags about their 14 wonderful developments. One is just off Route 71 07:27PM 15 on their website. It's named Shadow Creek. It 16 was begun in the building boom of 2003. They 17 built seven homes there, five in 2004 and two in 18 2005. They haven't built one more since 2005. 19 What does that tell you about their 07:27PM 20 ability to build and sell homes in Yorkville and 21 this development? And they tell us they are on an 22 expedited schedule for this development? 23 I also must question this 24 developer's motive for not finishing the western Depo•Court Reporting Service (630) 983 -0030 20 I 1 end of this development. That's what I talked _ I 2 about here. Could it have anything to do with the 3 fact that the western lots are adjacent to the 4 Beecher Road corridor? 07:28PM 5 Are they going to come back sometime 6 in the future and ask the Council to rezone and 7 make these lots into commercial property? 8 It seems very strange that 15 lots 9 in this development are owned by H. Linden & Son 07:28PM 10 Development. I can point out the ones that they 11 a.re, but they are scattered throughout here. 12 But, amazingly, these four yellow 13 ones right here that just happen to butt up 14 against Beecher Road, and about where the roadway 07:28PM 15 ends, these four lots are H. Linden & Son 16 Development. Could they be thinking down the road 17 that that would be an excellent place to put some 18 commercial and get zoning from a new council? 19 City Council members, now is the 07:29PM 20 time to stand up, reflect on and follow the rules 21 we already have in place. Many dedicated people 22 before you made these good, solid rules for 23 developments in our city. 24 Your job as Councilmen is to protect Depo•Court Reporting Service (630) 983 -0030 �I ' I 21 1 the residents, not the developers. Don't throw 2 all the people's hard work away. Stand up and 3 tell these developers that this is our city, 4 respect it and respect our citizens and respect 07:29PM 5 our rules. 6 Many of our fine citizens gave a lot l 7 of blood, sweat and tears to make this town work. 8 Let's not dishonor them by saying they didn't know 9 what they were doing. 07:29PM 10 Developers and their lawyers come 11 and go, but the citizens invest their lives and 12 families here in our city. That is the life blood 13 of our community. 14 Beginning tonight, I ask this 07:30PM 15 Council to begin protecting your taxpaying 16 citizens and not the developers. Tell this 17 developer the existing rules stand as -is. Tell 18 this developer no. Thank you very much. 19 MAYOR BURD: Would anybody else like to 07:30PM 20 speak? Yes, ma'am. 21 M-S. DIDIER: My name is Dawn Didier. I 22 live at 1166 Cody Court, which is in the 23 Blackberry Woods subdivision, and I would just 24 like to say we didn't even get that one piece of Depo•Court Reporting Service (630) 983 -0030 22 1 paper that you refer to, we luckily saw the notice 2 in the paper, so -- But I did go on the website 3 and was able to dig up some information, so... I, 4 We have two major concerns and then 07:31PM 5 some other concerns and I have several questions, 6 I don't know if you respond to questions or not in 7 the public hearing setting, but one of our major 8 concerns is that we would like to keep the quality 9 of the homes in the neighborhood itself as what 07:31PM 10 was promised to us when we decided to buy there 11 and build there. 12 We did look on Crestview's website i 13 and it appears as if they do build nice homes, but 14 it seems from the stuff that I read that they can 07:31PM 15 sell the lots to other builders, and so one of the 16 concerns that we have is in Section 29B of the 17 original annexation agreement where it talks about 18 successors and assigneds, the third sentence in 19 that paragraph. I 07:32PM 20 It says that, The obligations and 21 duties of the owners and the developer hereunder 22 shall not be deemed transferred to or assumed by 23 any purchaser of an empty lot or of a lot improved 24 with a dwelling unit who acquires the same for Depo•Court Reporting Service (630) 983 -0030 23 1 residential occupation unless otherwise expressly 2 agreed to in writing by such purchaser. 3 And I guess my question then would 4 be does -- if they do sell them to another builder 07:32PM 5 for those builders to build the home on for 6 somebody else, are they not obligated to abide by 7 any of the restrictions that are in the annexation 8 agreement? 9 And specifically that would be 07:32PM 10 Section 19, which is the covenants, and Exhibit J, 11 which is the architectural standards. 12 So I just want to make sure that if 13 they sell to other builders that those builders 14 are going to have to abide by the architectural 07:32PM 15 standards and the covenants that, you know, we 16 were promised that there were going to be 17 restrictions on use and stuff like that, which 18 another major concern is the Section 19, which are 19 the covenants. 07:33PM 20 The original agreement required 21 McCue Builders to impose covenants, conditions and 22 restrictions relating to facade materials, 23 accessory structures and other building 24 restrictions at the time the final -- of the final Depo•Court Reporting Service (630) 983 -0030 24 1 plat submittal. 2 McCue Builders did develop them, but 3 they did not record them, so that means none of 4 the lots in there have to abide by any 07:33PM 5 restrictions, and I know that the CCR's talk about 6 the establishment of the homeowner's association, 7 but they also talk about restrictions of use, you 8 know, so right now there are -- none of the lots 9 have any restrictions of use. You know, we don't 07:33PM 10 want someone going in there and putting in a chain 11 link fence or something like that that's not 12 supposed to be there. 13 So another question that I have is 14 is Crestview going to come up with their own CCR's 07:33PM 15 and record those so at least those lots that are 16 affected by their petition to amend would have 17 CCR's located on them, so there would be some 18 restricti -ons of use because we want the 19 neighborhood to be the quality that, you know we. 07:34PM 20 were promised, and if they are only asking for 21 certain amendments of the agreement, then the 22 covenants would still stand because they did not 23 ask for an amendment for Section 19, so I would 24 ask that they are required to have CCR's and that Depo•Court Reporting Service (630) 983 -0030 25 1 they are required to record them for the lots that 2 they are going to be buying because, if not, then 3. future builders and purchasers down the road, they I i 4 won't be aware of anything if they are not 07:34PM 5 recorded. Because when we bought, you know, it's 6 not on our title insurance, it wasn't on our title 7 commitment, the CCR's. And in the CCR's it's 8 stated that the purpose was to secure an 9 attractive harmonious residential development 07:34PM 10 having continuing appeal. We want that to 11 continue. 12 Another major concern we have is the 13 homeowner's association versus the SSA. One of 14 the enticements McCue used when we bought was that 07:35PM 15 there is no SSA, there is no SSA, come and build 16 in Blackberry Woods, there is not going to be an 17 SSA here. We would not have bought there if there 18 was an SSA. 19 Section 20 of the original agreement 07:35PM 20 states that a dormant SSA would be enacted at the 21 time of the final plat approval. First final plat 22 approval was May 21st of 2007, and then apparently 23 there was a corrected one that was approved on 24 July 20th of 2007, and so my question is was there Depo•Court Reporting Service (630) 983 -0030 26 1 a dormant SSA that was enacted at the time that 2 the final plat was approved as is stated in the 3 original annexation agreement. 4 I've seen a couple of drafts for 07:35PM 5 this first amendment that, Crestview has proposed. 6 In the first draft that I saw, in that section it 7 said that there would be an SSA that would be 8 established to include all parcels in Blackberry 9 Woods and they wanted it immediately activated, 07:36PM 10 but in the April 28th draft that I read, it talked' 11 about waiving the requirement of the homeowner's 12 association for the R4 District only, it didn't 13 mention anything about the R2 District, and so 14 another question I have is does that mean the 07:36PM 15 homeowner's association for R2 District stands? 16 And then it also -- then in the 17 second paragraph, that's actually Section 6A in 18 the proposed first amendment, and 6B talks about 19 then implementing a backup SSA. 07:36PM 20 Now my question for that is you took 21 out the words "all parcels in Blackberry Woods ", 22 so does that mean that this new backup SSA, if, in 23 fact, that happens, will apply only to the lots 24 that are going to be owned by Crestview Builders Depo•Court Reporting Service (630) 983 -0030 27 1 and not by the ones that the homeowners already 2 own in Blackberry Woods? 3 I don't think that we should be I 4 punished for McCue going under, especially if the 07:37PM 5 first dormant SSA wasn't an active one, it said it 6 was going to be under the original annexation 7 agreement. 8 I think that a current SSA, if, in 9 fact, you're going to do that, should only apply 07:37PM 10 to the parcels that are included in Crestview' s 11 petition, which are not the ones that are already 12 owned by the homeowners that live there. 13 Another question that I had was on 14 the detention ponds, and I think Mr. Kramer might 07:37PM 15 have answered this. My understanding from the 16 April 30th, 2010 memo from Staff said that the 17 ponds were not within compliance of the landscape 18 plan or the City's landscape ordinance, and I 19 believe he said that they were going to clean 07:37PM 20 those up and bring those up to your standards and 21 that they were going to pay for that themselves. - 22 I just wanted to make sure of that, that that 23 wasn't going to be put on our backs as well. 24 Another question that I have is that Depo•Court Reporting Service (630) 983 -0030 28 1 Crestview's application and petition to amend, 2 which was dated April 12th of 2010, stated that 3 they were the contract purchaser and that Castle 4 Bank was the holder of legal title, and I believe 07:38PM 5 Mr. Kramer also-Paid that Castle Bank is the 6 actual owner of all of those lots that are I 7 included in their petition to amend, but the first 8 amendment that is before you tonight, which I I 9 believe you are going to vote on later tonight, 07:38PM 10 states in.there that Crestview is the owner of 11 record. 12 That obviously is not true, and so I 13 don't know how you can approve an agreement that 14 says that they are the owners when they are not 07:38PM 15 the owners because they're as signatories as the 16 owners and that is not the case. The contract 17 purchaser does not mean that they are the owners 18 of record. 19 Another thing that we were concerned 07:38PM 20 about is that -- i'f this passes that. Crestview 21 would be required to maintain the lots in a clean - 22 and presentable condition, including mowing and 23 cleaning up the junk. 24 Last year the weeds on both of the Depo•Court Reporting Service (630) 983 -0030 I 29 1 lots along our lot probably grew to three or 2 four feet high. Eventually McCue did come out and 3 mow them only because I called and asked them to. i 4 So I don't know if -- Can we call i 07:39PM 5 Crestview to ask them to come out and mow or are 6 they going to be required to do that? I would 7 imagine the City has an ordinance that it can't be 8 higher than eight or 12 inches, whatever it might 9 be. 07:39PM 10 And also in Lots 5 and 6, which is 11 between our lot and Scott's lot, there is a lot of 12 junk. There is wood, there is a blue tarp, which 13 who knows what's under that, there is a big 14 twisted up piece of metal, there is a pile of 07:39PM 15 gravel, and it looks just pretty bad. And also 16 Lot 1, right when you come in the subdivision, all 17 of McCue's signs that were in the individual lots 18 are just thrown in there and that looks pretty 19 bad, too, so I would hope when they do, in fact, I 07:40PM 20 buy it, Crestview buys it, they would go and clean 21 it up so at least it looks nice. 22 Another issue that I had with what 23 Mr. Kramer said is that McCue did, in fact, 24 establish the homeowner's association and they did Depo•Court Reporting Service (630) 983 -0030 30 1 record it with the Secretary of State, but they 2 are not in good standing. I checked the website 3 today. 4 We have paid assessments to that 07:40PM 5 homeowner's association. Yes. We had to pay an i I I 6 initial assessment when we closed and then we have 7 gotten some bills throughout the -- you know, the i 8 first year -- we haven't lived there that long 9 obviously, but we have paid assessments. I don't 07:40PM 10 know where that money is. Hopefully we can find 11 out from McCue where that money is, hopefully it 12 can go to help with the common areas. So we have 13 paid some money into that assessment. 14 One other thing, and this would be 07:40PM 15 for the City, Section 12 did provide for the park 16 donation. Is it my understanding that it will be 17 eventually made into a park at some point? The 18 lots -- there was 4.32 acres given to -- Do you 19 know when that will happen? 07:41PM 20 MR. OLSON : I don't. 21 MAYOR BURD: Mr. Kramer, do you want to 22 address any of these questions? 23 MR. KRAMER: Yeah, I think I could 24 answer many of Miss Didier's fairly quickly. Are Depo•Court Reporting Service (630) 983 -0030 31 1 you -- I don't want to cut in. 2 MS. DIDIER: I am done for now. 3 MR. KRAMER: Oh, okay. We'll see how I i I 4 did keeping notes. In terms of the original 07:41PM 5 annexation agreement, that's why Crestview is here 6 with a very specific petition with a very few 7 number of changes, because anything that's not 8 actually voted upon to be modified is binding on 9 successors, heirs and assigneds. 07:41PM 10 So if Crestview closes and purchases 11 the property from Castle Bank and if the City 12 approves the specific changes that they're asking 13 in this amendment, they still, as the owner of the 14 property, are bound to each and every original 07:42PM 15 term of the original annexation agreement, the PUD g � I 1 16 agreement that McCue Builders originally entered 17 into, other than these specific changes. That's 18 why they're asking for these. 19 In terms of major concern about the 07:42PM 20 draft of covenants, we know Mr. McCue prepared 21 them, he simply never recorded them, and, again, 22 we're not patting him on the back about that, I 23 suspect at the time he planned on building all of 24 the homes himself is why he developed the Depo•Court Reporting Service (630) 983 -0030 32 1 subdivision, so he probably wasn't worried about 2 other builders coming in. 3 Crestview Builders has been served I 4 with a copy of those covenants that McCue did from 07:42PM 5 the bank and they plan to honor those covenants, I 6 and frankly would even like to upgrade them a bit 7 in terms of quality in some of the conditions that 8 are in them, so they do plan on getting the 9 covenants recorded. 07:43PM 10 Mr. McCue allegedly, when he closed 11 with Linden Builders -- or Linden Underground, 12 actually had them sign a receipt that they had 13 viewed those covenants and agreed to be bound by 14 them, so we have asked them to turn that-over to 07:432M 15 the bank and Crestview Builders, but the covenants 16 were a definite go on. 17 In terms of the SSA,.it's always a 18 confusing subject, and, again, I think we ought to 19 step back. You folks have heard it ad infinitum 07:43PM 20 here at City Council about SSA's. There are two 21 types of SSA's, as most of us know. There is a 22 special tax service area, just taking Grande 23 Reserve as a example, where basically what a 24 developer does is they literally have the Depo•Court Reporting Service (636) 983 -0030 33 1 purchasers of lots participate with the cost of 2 the public improvements. 3 So generally the cost of public 4 improvements for a lot might be somewhere between 07:44PM 5 30 and $50,000. The theory is that if the 6 homeowner is participating in that SSA bond and 7 paying that over a 20 to 30 -year period, they 8 should be able to buy a home then 30,000 cheaper 9 'at market value than if a developer was putting 07:44PM 10 all that in, borrowing the money, and so on. 11 I'm sure what McCue Builders 12 marketed this property as -- and I'm familiar with 13 their ads -- was that there was no SSA of that i 14 type; in other words, that its owners were not 07:44PM 15 buying into paying a 30 -year bond to pay for 16 water, sewer or roads, and that still is true. 17 The original annexation agreement, 18 like all of yours on residential developments, had 19 a dormant or backup SSA, and that's the residents' 07:44PM 20 of the city as a whole protection, that if there 21 is a homeowner's association at a newer 22 development and they don't maintain the common 23 areas -- and again, here we have three common 24 areas, we've got the entry sign and the two Depo•Court Reporting Service (630) 983 -0030 34 _ 1 detention ponds -- then down the line if a 2 homeowner's association doesn't do that, the city 3 has a way of levying that cost just against the i I 4 residents of that subdivision and not affecting 07:45PM 5 the city s a whole and we are asking in the Y g 6 amendment that the backup be created. The 7 original dormant was part of the original 8 annexation agreement. 9 Now, with the ponds, again, we've 07:45PM 10 got a very lengthy document that gets attached to 11 this as an exhibit. As I have indicated, they are 12 functioning from an.engineering and stormwater 13 review, it's more of an aesthetic and plant -type 14 that's not now. 07:45PM 15 Again, Crestview would be taking g on I 16 the obligation to do all of that work at its 17 expense, and it provides a five -year maintenance 18 period, so even though the dormant would be 19 placed -- or put in place now, you still have the 07:45PM 20 developer maintaining that for a five -year period. 21 There was a question I believe about 22 owner of record, and that's absolutely correct 23 what we said, Castle Bank, N.A. is the owner of 24 record here. Depo•Court Reporting Service (630) 983 -0030 35 1 Again, if this amendment is approved 2 by the City Council, it will not be executed by 3 the developer until they close on the property and i 4 it won't be effective until they close on the 07:46PM 5 property because, again, Castle Bank obviously 6 wants to make sure that if it's Crestview that 7 they are dealing with, they are the ones who 8 close, so it would be Crestview executing it as i 9 owner of record because they are the ones actually 07:46PM 10 developing the property. 11 Castle Bank is not a developer, 12 that's not in their corporate charter, they don't 13 have permission to do it, so they would not be I 14 doing any development. 07:46PM 15 If it was not Crestview Builders 16 here, you could end up with a situation where 17 Mr. Johnson talked about, that you could have an 18 investor coming in -- and that's not to demonize i 19 anybody as an investor, that's sometimes the way 07:47PM 20 business works, but we have a lot of unbuilt 21 subdivisions and titled land around the city 22 that's selling at a very, very distressed price by 23 investors who have the capital to do it who have 24 no intention of going in and finishing the Depo•Court Reporting Service (630) 983 -0030 36 1 improvements or bettering the neighborhood. 2 Here Castle has gone out of its way 3 to fund a reputable developer that's already been i I 4 in the community, that's done a good job, and one 07:47PM 5 of the conditions and profiles they were looking 6 for was somebody strong enough to come in and I - 7 start developing again so they don't leave that .8 neighborhood sitting with unbuilt lots, the debris 9 Mrs. Didier talked about next door and down the 07:47PM 10 street for a lengthy period of time.' 11 Again, if the amendment is approved, 12 as we have indicated, the closing would take place 13 in 30 to 45 days at the most. Crestview would go 14 in and clean up the vacant lots, they would 07:48PM 15 maintain the mowing and the project, and contrary 16 to -- and I need to flip over to Mr. Johnson's- 17 concern, they have not asked not to finish the 18 roads in the western portion of the subdivision, 19 they have simply said we'll finish what is started 07:48PM 20 with the base coats now, and when that's closer to 21 be building out, we'll post the letter of credit, 22 we can't sell any property until we do that, and 23 then we'll go in and complete the rest of it in an 24 orderly fashion. Depo•Court Reporting Service (630) 983 -0030 37 1 There was no mystery of how Linden's 2' acquired some lots. It's public record. McCue 3 ran out of money. And no, he was not able to 4 develop it under the current agreement. He lost 07:48PM 5 the property unfortunately. 6 Linden's had bills for the 7 underground sewer and water they put in and it was 8 a way to pay off a local contractor so there 9 wasn't litigation or anything, so Linden's took 07:49PM 10 lots in exchange for payment. No secret, no 11 deviousness whatsoever. 12 In terms of the park donation, 13 again, the original annexation agreement that 14 Crestview would be bound by requires that 07:49PM 15 dedication. We have a strict ordinance in the 16 city of what standard that park property has to be 17 brought up to to turn over. They're not asking 18 for any relief from that whatsoever. 19 And if you want, I'll answer a few i 07:49PM 20, of Mr. Johnson's questions when I am up here as 21 well. 22 MAYOR BURD: Go ahead. 23 MR. KRAMER: Number one, the petitioner 24 has not asked to get rid of any existing City Depo•Court Reporting Service (630) 983 -0030 38 1 building codes. All they've asked in the 2 amendment is to be sure of the codes they are 3 dealing with right now and asking that those codes 4 that are in place today, which is the 07:49PM 5 International Building Code, be the code that this 6 gets developed up through December 31 of 2018, 7 which is something you've done in other instances 8 in the city. 9 I don't know where a reference came 07:50PM 10 in regard to this petitioner or myself in regard 11 to Windett Ridge. Don't represent them, we didn't 12 mention them at the Economic Development Committee 13 last night, and you have never heard us say, Us, 14 too. We asked for certain specific things. 07:50PM 15 The only fee that they have asked 16 any modification of was the City transportation 17 fee, and they have agreed to do some off -site 18 actual road work in exchange for that. They 19 haven't asked any other fee forgiveness. 07:50PM 20 And, frankly, in 2012, you can lower 21 your fees. I think the village president of 22 Plainfield took a real courageous stand about 23 60 days ago, he did a letter to the entire 24 community that said, we hear things like I I Depo•Court Reporting Service (630) 983 -0030 i 39 1 Mr. Johnson said -- and I respect him for what he 2 said, I just disagree -- that we don't need 3 residential development. 4 Well, any of you who have driven 07:51PM 5 through Plainfield downtown the last year or so 6 seen there's been a wonderful 7 renaissance of restaurants and community 8 development downtown. 9 The mayor in this letter indicated 07:51PM 10 that we have a real problem, we've got all these 11 wonderful new businesses and they are just dying 12 on the vine because we don't have enough 13 residential, and right now it's a very big 14 problem. We can't get people in because our 07:51PM' 15 building permits are costing over $30,000 in 16 impact and entitlement fees, we're not going to 17 get anybody pulling permits, so on an interim 18 basis they have actually cut their impact fees 19 virtually in half. Very courageous stand. Much 07:51PM 20 like the federal government with the stimulus 21 program. If nothing is happening, let's try and 22 stimulate it in some fashion. 23 Crestview isn't asking you to lower 24 anything but the transportation fee, and they are Depo•Court Reporting Service (630) 983 -0030 I 40 1 taking up a share of off -site work. All they're 2 saying is lock in the fees you have now so that we 3 know what our costs are and we can live with them. 4 So in that respect, I think it is a 07:52PM 5 good agreement for the citizens. It's not asking 6 anybody to sacrifice. It's not asking to get out 7 of anything. And, frankly, I think the 8 neighborhood is way better off getting, again, a 9 good quality developer who keeps the covenants in 07:52PM 10 place, who gets on with development and moves 11 ahead. 12 Mr. Johnson asked about a 13 development that Crestview or its principals have 14 don'e out in the county called Shadow Creek. I bet 07:52PM 15 you the City of Yorkville would love to have that 16 development. While there hasn't been a lot of 17 permits pulled recently, those homes are in the 18 five to 12,000 - square foot range. The tax bills 19 in those are like mini referendums for the school 07:52PM 20 district. 21 It's no secret why those homes or 22 permits haven't been pulled quicker. In Kendall 23 County -- and you can ask a number of realtors who 24 watch the Multiple Listing Service -- ,there has ' Depo•Court Reporting Service (630) 983 -0030 41 1 been less than a half a dozen homes since last 2 July that have sold in Kendall County in excess of 3 $500,000. You simply can't get a loan on homes 4 that big anymore, so it's got to be a cash builder 07:53PM 5 who doesn't need a loan. 6 The homes in this neighborhood would 7 be a much more affordable type of housing, and yet 8 they're not cheap at all. The covenants are still 9 the same. 07:53PM 10 So I think I've answered, or tried 11 to, most of the questions, and we'll be happy to 12 listen to any more comment and again try and 13 answer. Thank you. 14 MAYOR BURD: Lynn? 07:53PM 15 MR. OLSON: Just one technical issue. 16 If Alderman Golinski is still on the line, he is 17 having trouble hearing, so if you can speak into 18 the microphone, preferably not to cause feedback, 19 it would be appreciated. 07:53PM 20 MS. DUBAJIC : I am Lynn Dubaj ic, the I 21 executive director of the Yorkville Economic 22 Development Corporation. 23 Many of you know that I have been 24 working diligently with many of the retailers Depo•Court Reporting Service (630) 983 -0030 42 1 throughout our town, and specifically at Kendall 2 Marketplace. I am often questioned about what's - 3 going on with Kendall Marketplace, there has not 4 been a single outlot sold there, and we are 07:54PM 5 getting some interest as the economy does seem to 6 be coming back, and one of the questions that I am 7 asked again and again is when are we going to i 8 really start to see permits pulled in Yorkville 9 and get some homes started. 07:54PM 10 I have built a house twice in my 11 life and I know what it's like to live in a 12 subdivision that is not finished and you want it 13 to get done, you want the sidewalks to connect, 14 and this subdivision is very close obviously to 07:54PM 15 Kendall Marketplace, it would be an excellent 16 example to point to as I work with these retailers 17 and restaurants that are looking at our community 18 to see that there is activity in Yorkville, that 19 we have a success story. 07:55PM 20 I've known Crestview Builders for I 21 many, many, many years, and I know that if you do 22 some research on them that they are an excellent 23 quality builder and, you know, while these houses 24 might not be the size of the houses in Shadow Depo•Court Reporting Service (630) 983 -0030 43 1 Creek, I wouldn't want to have to deal with a 2 house in Shadow Creek, they are too big, but I 3 think that it is really wonderful that it's a 4 local builder who actually lives in Kendall County 07:55PM 5 that's willing to come to our town to take this on I 6 and stimulate some things so that we can see other 7 things happening in our town as far as commercial, 8 retail, restaurants, and I hope that this is just 9 the beginning, that we can see the success story 07 :55PM 10 translate into other success stories throughout 11 our town. Thank you. 12 MAYOR BURD: Would anyone else care to 13 make a statement? 14 MR. GINOCCHIO: Please. 07:56PM 15 MAYOR BURD: Yes. Yes, sir. 16 MR. GINOCCHIO: Thank you, Mark, for 17 putting your time into this, and Dawn, I 18 appreciate your concerns in going over what little 19 could be made available to us. 07:56PM 20 I live at 868 Purcell and I'm real 21 proud to be a resident now of Yorkville, Illinois. 22 I lived in Princeton, Illinois for 20 years. I've 23 made my livelihood in Kendall County for almost 24 40 years. That's probably how long I know the Depo•Court Reporting Service (630) 983 -0030 I I 44 1 distinguished Mr. Kramer. 2 And it's very assuring to hear what 3 Dan has said to us tonight, and the same way with 4 the economic, is that we are here to watch this 07:57PM 5 growth go, and I, too, received this notice in my 6 mailbox and I responded the next morning to come 7 to the City Hall for my first trip, and I received 8 in writing what you are voting on tonight. 9 If this is all you received, it's I 07:57PM 10 not real, real complete, and I think that's what 11 concerns me more. Yes, there are different kinds 12 of special services area. In fact, that -- those 13 letters, SSA, is almost like a dirty word. You 14 have to be very, very careful on how you use it. 07:57PM 15 So when I read this initial draft 16 that was made available to us, none of the 17 exhibits that they are refer to here are in this 18 document for us to read and have an opportunity to 19 truly be prepared, and I don't know if the 07:58PM 20 language is specific enough. 21 I mean, yes, I had to go out and get 22 a lawnmower and cut my lawn this summer and it was 23 kind of fun, but I did make association dues 24 payments the last year, and the last year I think I Depo•Court Reporting Service (630) 983 -0030 45 1 it was probably one of Billy's sons had been 2 cutting the grass and the hills around us and a 3 little bit around the ponds. 4 I cut the two hills around us, it's 07:58PM 5 kind of fun to do it, but -- and I will do it as 6 long as I am capable of doing it because everybody 7 wants to help keep their area looking nice, and 8 yes, I kind of moved those ugly pieces of wood and 9 rocks around and that type of thing, but that's I 07:58PM 10 not really what specifically concerns us, is that 11 I just see some of the language so broad, you 12 know, they want to allow a special services area. 13 It wasn't specific enough for my reading of this, 14 that it just was limited to the entryway and the 07:59PM 15 ponds, and then what about the hills, and I wonder 16 if I'm going to end up paying for the sidewalk 17 that goes all the way from the entryway all the_ 18 way past pond number one and then along the next 19 road and along this whole Cannonball Trail because 07:59PM 20 their accesses are all on the side streets, but 21 Cannonball Trail appears to have a sidewalk that 22 is going to go all the way along, and it's kind of 23 laid out for it, but when I hear this back tax -- 24 let's call it what -it is -- I just want to make Depo•Court Reporting Service (630) 983 -0030 I 46 1 sure that when you go to vote that you know that 2 the language is specific enough and that if for 3 some reason we are all chipping in together to pay 4 for someone to cut, the grass -- and somebody was 07:59PM 5' out there today taking care of the flower bed I 6 think, isn't that right? Yeah, somebody was out 7 there taking care of that. 8 And so we're not -- you know, if all 9 the lots are contributing to that on an equal 08:OOPM 10 basis, then that sounds fine, but that's not i 11 what's written here, so I don't know if a vacant 12 lot and a lot with a house'all pay the same 13 amount. I don't know. 14 And that's what I caution you on, is 08:OOPM 15 that when I went through this, then I read it a 16 second time and third time, you know, it's not the 17 end of the world that I lose my association, which 18. gives us better control and opportunities to 19 control bills and make sure that the quality of 08:OOPM 20 the work is done at the level we want. 21 If we turn that responsibility over 22 to the City, I am enjoying Yorkville and I think 23 that the City Fathers and the people responsible 24 to maintain those areas hopefully will maintain it Depo•Court Reporting Service (630) 983 -0030 47 1 at the level that's acceptable to everybody. It's 2 kind of like common sense. 3 But what I see here as what is I 4 proposed, I just ask that some of the -- you know, 08:OOPM 5 when Dan tells me that it's -- that they're going 6 to do this and it sounds real good, and if Dan i 7 tells me something like that, I -- I'm almost 8 convinced, because I have relied on his word many 9 other times in other transactions, that that's 08:01PM 10 what's going to happen, but because when I hear 11 fellas like Mark talk, he's got a little more 12 experience than I do, he's been in this area a 13 little bit longer, and it sounds like that we've 14 had dealings with other developers, and so I just 08:01PM 15 caution us to make sure that whatever is agreed on 16 is specific enough and not -- this is awfully 17 open- ended, and that's what I ask, is that it be 18 more articulate as to what the demands are, 19 especially if there is going to be a back tax. 08:O1PM 20 Does that mean they're going to go 21 back -- because I've been there the longest, three 22 years, that I'm going to get three years worth of 23 taxes? Don't know. It could -- you know, it all 24 depends on who is interpreting it and who is Depo•Court Reporting Service (630) 983 -0030 48 1 reading it. I just don't find it specific enough. r 2 But I do enjoy using my lawnmower. Thank you. 3 MAYOR BURD: Thank you. 4 ALDERMAN SPEARS: Could you state your 08:01PM 5 name? 6 MAYOR BURD: Excuse me. Could you 7 explain about that, the SSA, somebody here, this 8 is an amendment? 9 And I think part of the problem 08:02PM 10 perhaps is you didn't get the original document; 11 is that correct? You just got the amendment? 12 MR. GINOCCHIO: Well, we received this, 13 and in there it says that the form of the amended 14 PUD agreement is on file with the City Clerk, so I 08:02PM 15 went to. the City Clerk, and my wife, Susan, went 16 around and passed around to some of the neighbors 17 a copy of what we read, and this document, which 18 was -- you know, we were told to go and pick up, I 19 suspect it's the same thing that Mark picked up 08:02PM 20 and probably got a little frustrated, and I'm sure 21 Dawn probably picked it up, too, because she was 22 reading from paragraph six, which is the special 23 assessment, there is no mention in here about a 24 back tax, so that had to come from the internet or Depo•Court Reporting Service (630) 983 -0030 49 1 just from trying to get more information. 2 MAYOR BURD: Right. I think she was 3 also referencing, though, the original document 4 that this amends. This is only a few amendments 08:02PM 5 to a much larger document and the much larger 6 document has more detail to it. These are only 7 amendments to a few pages. 8 Is that what you have, the original 9 document? 08:03PM 10 MR. GARDNER: Right. 11 MAYOR BURD: Could you show them how big 12 this document is? This is a very detailed 13 document. I mean, more -- a very detailed 14 document. 08:03PM. 15 MR. GINOCCHIO: That part I can 16 appreciate -- 17 MAYOR BURD: Right. 18 MR. GINOCCHIO: -- but the changes they 19 are making reference to, especially in paragraph 08:03PM 20 six, as Dawn pointed out to you, you know, because 21 this starts on just the lots that Crestview 22 Builders is anticipating closing their deal on, 23 but paragraph six alludes to all the lots in the 24 subdivision are subject to a special services, and Depo•Court Reporting Service (630) 983 -0030 50 1 it implies -- and I heard Dan say it was just for 2 the -- 3 MAYOR BURD: Backup SSA. 4 MR. GINOCCHIO: It's just for the 08:03PM 5 entryway and the ponds. But as I just mentioned 1 6 to you, you know, I think there is more common 7 area out there than you might think because there 8 is more sidewalk that needs to be coming in, there 9 are some nice hills that are not on specific lots. 08:04PM 10 They are right along here. 11 MAYOR BURD: But I think the City 12 Administrator could define public improvements 13 versus -- 14 MR. OLSON: Sure. The creation of the 08:04PM 15 backup SSA was only to cover maintenance of the 16 common areas, so detention basins and the area 17 around it that's not contained within a 18 residential lot, If there is a lot that contains a 19 public monument on it or if there is a median in 08:04PM 20 the roadway, those type of things. I 21 The way I understood it -- and, 22 Attorney Kramer, correct me if I am wrong -- but i 23 we were waiving the requirement to establish a 24 homeowner's association on the R4 portion, so Depo•Court Reporting Service (630) 983 -0030 51 1 that's the western portion of the smaller lots, 2 but, in turn, we were establishing an SSA on all 3 of the lots in the subdivision to maintain the 4 common areas, maintain the detention basins going 08:04PM 5 forward, and do the mowing of those areas, and so 6 I believe what was contemplated -- although I 7 don't know if it's necessarily written clear 8 enough in the agreement -- is that the HOA that's 9 required under R2 portion would actually be 08:05PM 10 dissolved because I believe that in the agreement 11 it does state that the purpose of the homeowner's 12 association, the R2 portion, is to do the things 13 that the backup SSA would be created for. 14 MR. GINOCCHIO: There are two areas on 08:05PM 15 the association. One, if' had your grass cut, 16 it cost like 1400 and some odd dollars for the 17 summer. The second part was if you didn't have 18 your grass cut, it cost like 300 or $400, and I'd 19 like to get to -- you know, again -- and if I get 08:05PM 20 a tax bill and it's 3, $400 to cut those -- all, 21 you know, for the rest.of the summer, that's not 22 going to hurt, but, you know, because we don't 23 know or we're a little bit -- we just wanted to 24 make sure this evening, and I think that's why Depo•Court Reporting Service (630) 983 -0030 i 52 1 most of the folks turned out, one, we wanted to 2 make sure that we didn't have any kind of an 18, 3 20, $30,000 bill coming our way.. 4 MR. OLSON: No. 08:05PM 5 MR. GINOCCHIO: Secondly, that if I 6 don't have an association that I have to pay 3, �I 7 $400 to, and if I end up paying 3, $400 to the i 8 City of Yorkville, and as long as they're doing it 9 and I don't have to complain to the mayor that it 08:06PM 10 never gets cut, then you're going to have happy 11 neighbors and then hopefully the growth can 12 continue. 13 But my concern is I just didn't see 14 this specific enough spelling that out for me that 08:06PM 15 I felt it necessary that I better show up here 16 tonight to make sure that something is not rammed 17 down our throats. 18 MR. OLSON: Sure. Section 6A and 6B 19 discuss the contemplation of a backup SSA. To 08:06PM 20 actually form the backup SSA, there would have to 21 be I think there is two ordinances; one of them is 22 called an enactment ordinance and the other one is 23 called a resolution, if I remember correctly. 24 It's been a couple years since we've done it. Depo•Court Reporting Service (630) 983 -0030 53 1 And so in those two ordinances, 2 that's where we would establish the dollar amount, 3 estimate it, you know, there would be a cap in the I 4 ordinance where it would say, you know, we would 08:06PM 5 never able to levy beyond this amount without 6 going back to the residents and getting their 7 approval, and that would further detail, you know, 8 which areas, you know, there would be,a legal 9 description of the areas to be maintained and the 08:07PM 10 services to be provided. 11 MR. GINOCCHIO: So are those dollar 12 amounts set before you vote or that all happens I 13 afterwards? 14 MR. OLSON: That would all happen 08:07PM 15 afterwards because we're not doing those 16 ordinances simultaneously with this amendment. 17 MAYOR BURD: This doesn't create the 18 SSA -- 19 MR. OLSON: Correct. 08:07PM 20 MAYOR BURD: -- this just says that 21 there would be one, and then we have to have 22 another ordinance that we would pass that would 23 give -- spell out everything about it. 24 MR. GINOCCHIO: Keeping in mind that the Depo•Court Reporting Service (630) 983 -0030 i 54 1 folks that purchased in this subdivision and are 2 currently living there came in at top dollar -- i 3 and I just got my tax bill, got a break, it's 4 twice of what I ever -- three times what I ever 08:07PM 5 paid in Princeton, but that's okay, I am , 6 concerned, and that's what I raise as a resident 7 of Blackberry subdivision. 8 I am concerned that the charges I 9 incur from the City will not be in line with what 08:08PM 10 I would have got charged by the association. 11 That's one of my concerns. I mean, I have to be 12 candid and blunt about it. 13 So, Mayor, I'm just letting you know 14 that -- 15 MAYOR BURD: I appreciate it, right. 16 MR. GINOCCHIO: -- I don't have a real 17 problem with a lot of things, but I think just 18 make sure that it's spelled out and not so 19 generalized, and then, secondly, as long as the 08:08PM 20 price is very fair, then, you know, you're not 21 going to get any complaint call from a 22 constituent. 23 MAYOR BURD: Could I ask you to state 24 your name for the record, the -- Depo•Court Reporting Service (630) 983 -0030 55 1 MR. GINOCCHIO: Yeah. My name again is 2 John Ginocchio, and you spell that 3 G- I- N- O- C- C- H -I -O, and I have a son living in 4 Yorkville on the south side and I have a son 08:08PM 5 living in Yorkville on the north side. 6 MAYOR BURD: Thank you. 7 MR. GINOCCHIO: Yeah. 8 MAYOR.BURD: And also to clarify, the 9 sidewalks and the streets should be public 08:09PM 10 infrastructure and they would be taken over by the 11 City to be maintained, is that correct? 12 MR. OLSON: Correct. And until that 13 point they are the responsibility of the 14 developers in the common areas. If you're in 08:09PM 15 front of a residential lot, it would be the 16 responsibility of the builder that's building the 17 homes to maintain the sidewalks until the home is 18 built and completed, and then it's turned over to 19 the City. 08:09PM 20 So maintenance of the parkway is 21 always on, you know, the home that is adjacent to 22 it, but if it's adjacent to a common area, that 23 would be part of the backup SSA. 24 MR. GINOCCHIO: I don't know if you're Depo•Court Reporting Service (630) 983 -0030 I 56 1 familiar with the small hills that go along 2 Cannonball Trail. Parkway is one thing, it's nice 3 and flat. These are hills. These are six foot, i 4 seven foot -- 08:09PM 5 MR. OLSON : Berms i 6 MR. GINOCCHIO: Yes. And it appears to 7 be, in my estimation, maybe not the parkway, and 8 that's'my concern, is I just don't know if 9 everything was addressed in this petition. All 08:10PM 10 right. Thank you for an opportunity. 11 MAYOR BURD: Thank you. Thank you very 12 much. Mr. Kramer, did you have any answers to 13 that? 14 MR. KRAMER: Well, I -- Excuse me, 08:1OPM 15 hopefully, Gary, can you hear okay? 16 ALDERMAN GOLINSKI: Yeah, I'm trying to 17 hang in there and follow the best I can. 18 MR. KRAMER: Okay. I've never been 19 accused of being a wilting lily. I'll try and be 08:lOPM 20 loud. 21 One of the misconceptions that seems 22 to keep going on tonight -- and I want to clarify 23 it -- is the original PUD and annexation agreement 24 had this language for creation of a backup or Depo•Court Reporting Service (630) 983 -0030 I i 57 1 dormant SSA, and paragraph 6A and 6B -- and I 2 realize it will become more clear with the actual i 3 backup SSA ordinances when they come in for public 4 hearing -- but they do specifically limit in 08:11PM 5 paragraph 6B that the dormant or backup SSA is for 6 maintenance of the common areas only, and the only 7 three common areas that the homeowner's 8 association or the backup SSA would affect would 9 be the two detention ponds and the monument area. 08:11PM 10 In answer to John Ginocchio' s 11 concerns -- and I agree, I've lost my hair, it has 12 turned gray, we've known each other a long time -- 13 the sidewalks going in along Cannonball, the main, 14 those are developer improvements. Crestview would 08:11PM 15 be required to put those in. Those are not 16 homeowner association maintained. 17 If the homeowner's association 18 became active and wants the detention ponds and 19 once that sign area are turned over and the 08:11PM 20 maintenance period ends, if they choose to do that 21 through a homeowner's association, then the City 22 would make no levy under the backup SSA, but that 23 language was already in the original agreement. 24 The concern of Crestview was because Depo•Court Reporting Service (630) 983 -0030 58 1 it was hit or miss about what the prior developer 2 did with the association, that maybe it was better t 3 to go and activate the dormant right away so 4 everybody knew it was there, but it doesn't 08:12PM 5 shorten that five. -year maintenance period on the 6 ponds. That's still a developer obligation. 7 With respect to the difference 8 between the R4 and the R2 areas, the R2 was just 9 normal sized, single- family lots. R4 was a little 08:12PM 10 bit smaller lot. And, John, that was where that 11 higher outside maintenance was. 12 As I said, that was something that 13 McCue Builders promoted, Crestview has not had 14 experience; and that's where they are asking to 08:12PM 15 get rid of that association, so there would be no I 16 more of those. If they were that high, if they 17 were 13 or $1400 per lot, that would go. That's 18 the only one that we are asking to get rid of. If 19 the homeowners want an active association covering 08:13PM 20 everybody, that's fine with Crestview. 21 Before the enacting and enabling 22 ordinance that Mr. Olson, the City Administrator, 23 referenced, there has to be a public hearing and 24 they have to be noticed as well, and, again, they Depo•Court Reporting Service (630) 983 -0030 59 1 would set a levy maximum so you would know the 2 maximum amount that could be levied for that. i 3 As I say, I don't think we need 4 anything in the near term because the developer is 08:13PM 5 going to have to install it and it has a 6 maintenance period, and in the meantime if the 7 homeowner's association comes into being, you 8 won't have to make the levy at all, but that would 9 be the subject of another public hearing and, 08:13PM 10 again, Crestview would like to close before that 11 happens, of course. Thank you. Hopefully that 12 cleared it up a bit. 13 MAYOR BURD: Okay. Is there anyone else 14 who would like to ask -- Yes. Yes, sir. 08:14PM 15 MR. MILLIRON: ' Todd Milliron, 61 16 Cotswold Drive, Yorkville. I just had a few 17 questions, maybe Mr. Kramer can answer those. 18 Couple of these citizens have 19 indicated that they have been paying homeowner's 08:14PM 20 association fees, but nobody has actually 21 accounted for them. I haven't heard anybody say 22 where that money went. 23 Also, I'd like to point out that I 24 believe that the responsibility for notifying Depo•Court Reporting Service (630) 983 -0030 II I 60 1 these people and giving them timely information 2 and all that falls upon the petitioner. 3 In the past I believe that 4 whether -- it's the petitioner's responsibility to 08:14PM 5 make sure that he notifies people properly and 6 gives them all the information they can to make an i 7 informed decision not only for you, but for the 8 affected residents that already bought there, and 9 I wonder if that's happened, and.I question why 08:15PM 10 there is such a hurry up to do this and vote on it 11 tonight. 12 I'm in business and I make offers 13 all the time for insurance, and the offers I make 14 are good today and they'll be good two weeks from 08:15PM 15 now or four weeks from now unless somebody changes 16 their rates, but usually that doesn't happen, so I 17 would ask that maybe you might want to consider 18 giving this a little more time. 19 And then the next question I guess 08:15PM 20 would be for this run -out date in July, this 21 five -year run -out on the fee schedule, would one 22 of those fees be like, I don't know, the City 23 building fee that, you know, under the old 24 schedule was around $150 for a permit, then it Depo•Court Reporting Service (630) 983 -0030 61 1 goes to like $4,000 or more, Bart? What is it? 2 50, 100 or -- 3 MR. OLSON: $5,509. 4 MR. MILLIRON: So it's a big difference 08:15PM 5 there. You're talking roughly 5400 bucks or I 6 something like that difference in fees for 7 whatever the old fee schedule versus this new fee i 8 schedule.that they want to waive. 9 What other fees are affected besides 08:16PM 10 that one? 11 MAYOR BURD: From what I understood, 12 they were going to pay the fees. They're not 13 waiving them. They are going to pay them before 14 that date. 08:16PM 15 MR. OLSON: They always have the ability 16 to pay off the fees upfront before the expiration 17 of the fee lock, so I was under the assumption .18 that regardless of whether or not the fee lock was 19 extended, that they would probably be doing that. 08:16PM 20 The only other fee that I can think 21 of that's increased would be the water connection 22 fee, which I believe is $3,700 for a single- family 23 unit right now and, in the original agreement, I 24 believe it was contemplated at 2600, so... Depo•Court Reporting Service (630) 983 -0030 62 1 MR. MILLIRON: All right. So those are 2 the questions I had. So you think that they would 3 have the ability to just go in and prepay those 4 fees upfront and lock in that $150? 08:16PM 5 MR. OLSON : Any developer can, yes. 6 MR. MILLIRON: All right. Those are the 7 questions I had. Thank you. i 8 MR. KRAMER: In answer to Mr. Milliron's 9 notice question, again, it's a petition to modify 08:17PM 10 a PUD; there actually is no notice required under 11 Illinois statutes other than the newspaper 12 publication, but we did a certified mailing at 13 considerable expense in advance, and what happens 14 is we generate a list from real estate tax bills, 08:17PM 15 then we give the City a copy of that list and they 16 look at their water billing and their GIS 17 coordinator. 18 When it came back, we had four that 19 were returned that the addresses were incorrect 08:17PM 20 between the county and the city system. They went 21 right back out and three of those four were picked 22 up. We've got one that wasn't returned. 23 It still looks like there's a couple 24 that slipped through the cracks between the two Depo•Court Reporting Service (630) 983 -0030 63 1 different lists, and I can't really give you a 2 good answer on that, but the bottom line is we did 3 the statutory notice with the newspaper 4 publication, we went an extra step with the 08:18PM 5 certified mailing that we were not required to. i 6 I had probably three calls, and I i 7 don't know if they were homeowners or lot owners, i 8 they only gave me first names, but we answered 9 questions in the last two weeks. 08:18PM 10 And in terms of expedited 11 scheduling, we asked if we could be on agendas. 12 We had no special meetings, we went through the 13 normal cycle, and we are here tonight after 14 Economic Development, so there is nothing unusual 08:18PM 15 in that respect. 16 The petitioner would like to 17 seasonably move along, and the bank, of course, 18 likes the idea again of having a live, 19 well- capitalized developer here who has built in 08:18PM 20 the city before. 21 One other comment that I neglected 22 to respond to, and, again, to some people union 23 jobs are important, some are not, I'm not making 24 any policy statement, but the statement that Depo•Court Reporting Service (630) 983 -0030 64 1 Crestview Builders is a non -union contractor is 2 absolutely untrue. They have many, many union 3 subs, carpenters, plumbers, electricians, and they 4 do use local people. So thank you. 08:19PM 5 MAYOR BURD: Would anybody else like to 6 make any comments? Yes, sir. Please state your 'I 7 name for the record. 8 MR. T. JOHNSON: Tim Johnson, 844 Carly 9 Court. I guess I have this little written out 08:19PM 10 spiel not nearly as long as my dad's, so I'm not 11 going to even read through it because most of the 12 questions have been answered. 13 My concern, though, still is with 14 the SSA, I know -- I'm not trying to toy with that 08:19PM 15 acronym, but -- and the homeowner's association. 16 The homeowners haven't even had a chance to run 17 the association, and I think that -- I think that 18 is due in the fact that, you know, if the 19 builder's going to be paying their portions and 08:20PM 20 the land owners that own properties out there are 21 going to pay their portions, I feel that we would 22 be able to get a subcontractor to maintain the 23 minimal areas that actually do need to get mowed 24 for probably a better price than what the City is Depo•Court Reporting Service (630) 983 -0030 65 1 going to do and get better results. 2 I know there is a couple of aldermen 3 here that have gone the other direction from a 4 homeowner's association to having the City take it 08:20PM 5 over, and I think they pay -- I don't know what it 6 is, I don't want to give a wrong figure -- but 7 $181 a year for the City to maintain the common I 8 areas in their development, and I kind of feel 9 that it could actually get done for much less than 08:20PM 10 that. 11 And being that from one portion that 12 I saw, the developer is looking to remove this 13 entire retention basin here, what they call 14 wetlands, from the actual development, with 08:21PM 15 removing the west portion, that wouldn't even -- 16 as far as I am concerned wouldn't be part of the 17 homeowner's association's responsibility, so, 18 therefore, we would have to maintain this area, '19 and then I guess this portion of the entrance, 08:21PM 20 which is, I don't know, about maybe a tenth of the 21 size of my yard. 22 So I feel that without seeing any 23 actual numbers of how much, you know, they're 24 expecting, you know, the homeowner's association, Depo•Court Reporting Service (630) 983 -0030 66 1 if it stayed in place, or the new SSA to take care 2 of this through the City, it's really hard to make 3 a good decision on what's going to be best for the 4 homeowners that are currently living there, not I I I 08:21PM 5 the ones that still have the option of coming into 1 I 6 the development. 7 I was glad that the lady brought up 8 the point about the covenants that are still not 9 recorded, so, you know, I talked,to my "attorney, 08:22PM 10 and basically without the required covenants, you 11 know, somebody could put up a detached garage or a 12 lot of things, and I think that could be -- that 13 needs to be tied into the agreement that these 14 covenants -- not a good intention, but written in 08:22PM 15 hard ink, that these covenants are going to be -- 16 they are going to be established at the time of 17 closing, they will be recorded at that moment. 18 And then my other concern, too, is 19 the weed control in the empty lots around us. I 08:22PM 20 know McCue claimed to have tried to do his best in 21 keeping up with keeping the weeds down, but it 22 took numerous calls just to try to get any kind of 23 action, so I'm kind of worried about that, too, 24 because that's not really spelled out. Depo•Court Reporting Service (630) 983 -0030 67 1 The City -- the City, you know, you 2 know, didn't really put too much pressure on Billy 3 to keep up with these, the vacant lots, and if he 4 is strapped for money, then, you know, I can 08:23PM 5 understand the reason for that. 6 But I had spoken with Billy McCue 7 the other day when I was trying to get all this 8 into my brain of what's going on in our 9 development and he had said that he had been 08:23PM 10 working with Crestwood -- or Crestview and was 11 considering buying some of the lots back from I 12 Crestview to build on. 13 If he is in such, you know, dire 14 straits with his finances, he lost his development 08:23PM 15 and now he's going to come back in, buying these 16 lots, you know, ten cents on the dollar of what he 17 lost them for? Just wondering what kind of things 18 are going on there. 19 But we got that one sheet of paper 08:24PM 20 and that was it for notification. You know, I 21 must have missed the notice that was in the paper. I 22 And then as Mr. Kramer had stated 23 that I guess certified documents weren't i 24 necessary, so I can understand that, but I'm just I Depo•Court Reporting Service (630) 983 -0030 I 68 1 wondering if you're going to be taking a vote 2 tonight on this, which I know you are scheduled 3 to, how many of the Aldermen and Alderwomen really 4 understand what was in the original agreement and 08:24PM 5 what the amendments are going to affect. 6 I mean, that's a pretty thick 7 document and I know you guys have other jobs and 8 you have busy schedules. Have you really looked 9 at it beyond just face value, a few pages? 08:25PM 10 You know, a lot of people have been 11 bringing up some good points and, you know, I 12 would propose that the -- that the Council 13 postpone the vote until the next -- until the next 14 meeting and give a little more breathing time for 08:25PM 15 the residents to become more reassured about 16 what's going to go on in the development and maybe 17 make sure that everybody has a better 18 understanding. So that's all I have. 19 MAYOR BURD: Just to clarify one more 08:25PM 20 time, though, when we do these developments, we 21 always like to have a backup SSA. That's standard 22 operating procedure. It doesn't mean that we're 23 going to put it into action, but we always want to 24 have it there just as a safety net. I Depo•Court Reporting Service (630) 983 -0030 I 69 1 We actually prefer I think as a City 2 Council to have a homeowner's association handle 3 it because the City does not really want to do 4 that, and we ended up doing it in Sunflower 08:26PM 5 Estates because the homeowner's association voted 6 themselves out of business. 7 They said, We don't want to do this. 8 They came in to the City and asked us to take it 9 over. That wasn't the City going to them saying, 08:26PM 10 Hey, we want to do this. That was the homeowner's 11 association coming to us. 12 So we much prefer the homeowner's 13 associations being instituted and that you do your 14 own maintenance. 08:26PM 15 Our only recent concern is about 16 these ponds because one of the things when they 17 came in to talk to us about taking over this 18 development, I made it very clear to them that 19 these ponds have to be maintained and brought up 08:26PM 20 to the City's standards,'that this is something 21 that's important that we want for stormwater and 22 to make sure that the water is, you know, 23 clarified as it goes into Blackberry Creek, and 24 they understood that that was an important thing. Depo•Court Reporting Service (630) 983 -0030 70 1 And then because of the plantings 2 that are put around.some of these ponds, we want 3 to make sure that people don't go in there and mow 4 them because of special plantings. 08:27PM 5 And we've found that that's been a 6 problem in a lot of areas where people think, oh, 7 that's a weed, I'm going to cut it down after it's 8 been put in place. So we really are trying to 9 maintain a lot of these standards. 08:27PM . 10 I just want you to be aware that if 11 you want -- I think the whole City Council would 12 agree, if you want to institute a homeowner's 13 association, I think we would be very happy with 14 that decision. 08:27PM 15 We don't -- you know, we do not want 16 to take this over and have a tax on you. I think, 17 you know, you know what you want there and I think 18 you know how you want it to be maintained and it's 19 yours, so I think that if you want to do that, I 08:27PM 20 think that's a great thing. 21 So does anybody else want to make 22 any other comments about this? Do you wish to 23 speak again, Mr. Johnson? 24 MR. M. JOHNSON: Yes. Depo•Court Reporting Service (630) 983 -0030 I I I 71 1 MAYOR BURD: All right. 2 MR. M. JOHNSON: Is everybody done? 3 MAYOR BURD: Is everybody else done? i 4 (No response.) 08:28PM 5 MR. M. JOHNSON: Okay. Again, I'm Mark 6 Johnson from Yorkville, 204 Georgeanna, and first 7 I guess I'd like to say thanks to Dan for 8 clarifying a few things that maybe I didn't have 9 completely accurate, but I think the gist of what 08:28PM 10 I said is accurate. 11 My point to the City Council is 12 transparency and public hearings, the people 13 should get information so they can make decisions, 14 not come to a meeting and listen to a lawyer talk 08:28PM 15 for two minutes and say, You see the packet, you 16 guys have it, vote on it. I just don't think 17 that's right. 18 And I think that may be what the 19 rules are today, but I think this City Council 08:29PM 20 needs to look at those rules for public hearings 21 and have a website or have something where people I 22. can actually see the information and make it 23 available to them. 24 I've got a few questions -- Oh, and Depo•Court Reporting Service (630) 983 -0030 I 72 1 maybe to start with, I apologize, Dan, if this 2 wasn't your words, but in a memo from Bart Olson, 3 City Administrator, dated April 30th, Subject, I 4 Blackberry Woods amendment to PUD agreement -- I 08:29PM 5 won't read the whole thing, I'm just going to read 6 the one sentence -- The developer is requesting a 7 partial acceptance policy similar to what was 8 completed within the Windett Ridge subdivision. 9 So it sounds like maybe you guys did say that you 08:26PM 10 wanted something like Windett Ridge. 11 I guess some of the questions I 12 have, is the developer asking for lesser fees from 13 this Council, and are they asking for a 14 pay -as- you -go -type program like Windett Ridge was? 08:27PM 15 I'd like to hear the answer to that. 16 Another question,_or another thing 17 that came up is I'm looking at -- again, this 18 documentation, trying to track it down was not 19 easy for people outside the Council, but there is 08:27PM 20 a very nice area in this subdivision that's 21 actually parallel to Cody Court. 22 It's like a little ravine and a 23 wooded area that actually the land mass goes all 24 the way down to Blackberry Creek where there is a Depo•Court Reporting Service (630) 983 -0030 73 1 plan for a bicycle path, whatever you want to call 2 it, to cross the Blackberry Creek at that point, 3 probably about from here straight across. This is I 4 all wooded, or a lot of it is wooded. Some of it 08:28PM 5 is the lots, as you can see. 6 The paperwork I see says this is a 7 park site. On all the documentation that I have i 8 seen that you guys got, there is no mention of a 9 park site here. The original documents say park 08 :28PM 10 site. 11 To go along with that, the original 12 documentation, the way I read it, said that they 13 were to give X amount of acres, eight or something 14 acres of park site, and they shall give $150,000 08:28PM 15 in cash. 16 I guess the question is did the City 17 get that money or, if they didn't, from Mr. McCue, 18 are they going to get it from the next guy? 19 Another question that -- this is 08:29PM 20 some specifics I didn't get into, but since we are 21 getting into some of those, there is a statement is 22 in here talking about selling of lots by Crestview 23 to other builders or to residents, and there is 24 something in there that says that they want to be Depo•Court Reporting Service (630) 983 -0030 74 1 reimbursed 110 percent of the cost of sidewalks 2 and parkway trees, so they can get their money 3 back when they sell the lot and -- instead of 4 having to wait, which then puts the onus on the 08:29PM 5 City Council or the City to make sure the sidewalk 6 gets put in when the guy builds and the trees get 7 planted or whatever is in the parkway, rather than 8 the developer, and I'm not sure I like that idea, 9 but that's not for my call. i 08:30PM 10 There is another point in here that 11 talks about a $2,000 I believe per lot 12 transportation something fee, and in place of 13 that, they want to pave from John Street to the 14 entry of the subdivision, which is one block, 08:30PM 15 maybe an extra 80 feet or something. 16 If you drove out there, you'd see 17 that roadway is ten times better than what we 18 drove in on today out here. It doesn't need to be 19 paved. 08:30PM 20 But if it's $2,000 a lot times the 21 unsold lots of, let's say, 120 lots, I think there 22 is 135, that's a quarter of a million dollars 23 you're going to give up to these guys and they're 24 going to replace it with I think $75,000 of Depo•Court Reporting Service (630) 983 -0030 75 1 resurfacing that roadway? And I bet it's not 2 going to cost them 75,000. 3 Again, I'm back to that thing, by I 4 agreeing with these guys, you're giving up money 08:31PM 5 that sooner or later the taxpayers that are 6 sitting here are going to have to make up for. I _ 7 Somebody is -going to have to make up for that. 8 And I guess the big thing, I guess I 9 want to hear somebody address this park site. I 08:31PM 10 want to know what that one is. 11 MAYOR BURD: Okay. For the 12 transportation, that is the one item that we 13 negotiated and the Staff requested them to fix 14 that street because they felt that yes, it does 08:31PM 15 need help, and especially with construction 16 traffic coming in and out. 17 The reason that they looked at this 18 as something we could give up is because that 19 money has to be used for streets that are around 08:32PM 20 the subdivision. It cannot be used for, say, Game 21 Farm Road. You can't take that money and use it 22 for other funding, they have to be around that 23 subdivision, and we just had a major improvement 24 to Route 34 there, so that could -- you know, we Depo•Court Reporting Service (630) 983 -0030 76 1 don't need it there right now, but we do the Staff 2 felt, need to have that road fixed coming into the 3 subdivision, which would be the one thing that the I 4 money would go for, so -- 08:32PM 5 MR. M. JOHNSON: Am I accurate in the 6 75,000 versus -- you could argue -- 7 MAYOR BURD: Yes. 8 MR. M. JOHNSON: -- the point, but about 9 a quarter of a million? 08:32PM 10 MAYOR BURD: You are very correct -- 11 MR. M. JOHNSON: Okay. 12 MAYOR BURD: -- but we don't have I 13 anywhere to use that right now on -- you know, 14 adjacent to it, unless we -- 08:32PM 15 The County owns Beecher Road I 16 believe, don't they? Is that on Beecher? 17 MR. OLSON: Most of that jurisdiction is 18 ours for Beecher Road and Cannonball Trail. 19 MAYOR BURD: And so that might be a 08:32PM 20 possibility. 21 MR. OLSON: Yeah. 22 MAYOR BURD: But this is one -- the one 23 thing that yes, we did.negotiate with them about, 24 and it was something that was added -- I don't Depo•Court Reporting Service (630) 983 -0030 77 1 know, what year was it added? It as a fairly -- 2 MR. OLSON: Two years ago, three years 3 ago. 4 MAYOR BURD: Yeah. It was a fairly new 08:33PM 5 impact fee and it hadn't been there before, so it 6 was something that we felt we could negotiate with 7 at this time. But you are correct. You are 8 correct. 9 Would you like to address the other 08:33PM 10 things? 11 MR. OLSON: And I misstated, I thought i 12 you were asking when was Beecher Road put in. I 13 Beecher Road was put in two or three years ago. 14 The impact fee has been in place I believe now for 08:33PM 15 five years. 16 MAYOR BURD: Five years? Okay. 17 MR. OLSON: But sure. One, on weed 18 control -- we hadn't touched on this yet -- but 19 there are property maintenance codes in the city. i 08:33PM 20 If the weeds are higher than eight inches, you i 21 need to call our building zoning officer, who is 22 actually sitting at the end of the table. 23 He will report -- he would go out 24 and stake the property for violation within Depo•Court Reporting Service (630) 983 -0030 78 1 two days, and then the property owner has 2 five days from that initial staking to mow the 3 lawn, so, you know, there are codes. I 4 You can call the property owners, 08:34PM 5 yourselves if you think you can get remedies, but 6 the best way is to ask the City. Second -- 7 MAYOR BURD: And then if they don't do 8 it, we go and mow it. 9 MR. OLSON: We do, and then -- 10 MAYOR BURD: And then we send them the 11 bill. I 12 MR. OLSON: And then find the owner and 13 send them the bill. 14 So regarding the language 08:34PM 15 representing Windett Ridge and partial acceptance, 16 that was my language, not the petitioner's. The 17 petitioner had requested something that was 18 similar to what we did in Windett Ridge, in that 19 we accepted a partial improvement in a final plat 08:34PM 20 unit as our responsibility without the rest of the 21 infrastructure in the unit being completed. 22 Typically our policies say final 23 plat, it's a hundred units, you have to complete 24 sewer, water, parkway trees, sidewalks, stormwater Depo•Court Reporting Service (630) 983 -0030 I 79 1 detention and all those other public improvements, 2 and they have to be done to our satisfaction 3 before the City says we accept those, we'll take 4 maintenance from them from here on out, and, you 08:34PM 5 know, that's done at our cost and at our manpower. 6 So what we did in Windett Ridge is 7 we accepted infrastructure from back of curb to 8 back of curb, so it was the roadways and any of 9 the stormwater and sewer utilities that were 08:35PM 10 located underneath the roadway as our maintenance 11 responsibility, without accepting any of the 12 sidewalks, the parkway trees or any of the sewer 13 and water construction that's located outside of 14 the back of curb. 08:35PM 15 So what they were asking for was 16 similar to that, so I used that language so that 17 the Council would be aware that it was a similar 18 situation to that, is what they were asking for. 19 Regarding the park site, the 08:35PM 20 obligation for the park site would remain from the 21 original agreement to this amendment, so they _ 22 would still be required to,deed the park site 23 over, along with the land cash associated with 24 that park site, which we have not received yet. Depo•Court Reporting (630) 983 -0030 80 1 The letter of credit for sidewalk 2 and parkway trees, the property owner isn't going 3 to reimbursing the developer for any of that. The I 4 way it's going to work is typically a sidewalk and 08:36PM 5 a parkway tree is included as the public 6 improvement within the development, so the 7 developer has to post a letter of credit for all 8 the sidewalks in front of the houses in the 9 subdivision, same with the parkway trees. 08:36PM 10 They're asking for that obligation 11 to be removed, and then in turn they are asking us 12 to ask for a letter of credit for each parkway 13 tree and sidewalk that's adjacent to a building. 14 So they sell a lot to a residential 08:36PM 15 builder, the builder comes in and pulls a building 16 permit. In addition to getting a building permit, 17 they have to post a letter of credit for their lot 18 only that will cover the cost of improving 19 sidewalks and parkway trees adjacent to their I 08:36PM 20 individual house. 21 So if you are an internal lot and 22 you only have one public frontage on a road, it's 23 $5,000. If you are on a corner lot, so you would 24 have two sidewalks and multiple parkway trees, it Depo•Court Reporting Service (630) 983 -0030 81 1 would be $7,000. 2 So the developer has requested that 3 we remove that as their obligation for posting a 4 letter of credit and put that on the builder, and 08:37PM 5 we felt that that was acceptable. It's a little 6 bit more of an administrative burden to Staff 7 because we have to track more letters of credit, 8 but it does reduce their need to post a letter of 9 credit in a greater amount, but we still have that j 08:37PM 10 security, just from a different entity. 11 MAYOR BURD: And I think we need to add 12 the same situation in Windett Ridge, the reason 13 this was done, as you all know, building has 14 slowed way down, and if we waited until every lot 08:37PM 15 was sold and all the houses were built to put in 16 the sidewalks and the trees and to make them pave 17 the streets, people would be dealing with these 18 issues with substandard streets or some of these 19 other things not being completed up to City 08:37PM 20 standards for quite a while, so we thought let's 21 get some of these things completed and approved at 22 our standards and then.go back and make -- you 23 know, later on they'll have to put in these other 24 things. Depo•Court Reporting Service (630) 983 -0030 82 1 So that's why. We were hoping to 2 get the streets completed, get the other issues 3 done, and then where the houses are not being 4 built, when you have a vacant lot and you don't 08:38PM 5 have a house there, not requiring them to put in a 6 sidewalk that eventually would be run over by 7 construction traffic and be all ruined because 8 then the whole thing would have to be dug up and 9 done all over again. So it was both -- not just 08:38PM 10 for the developer, but also for the City to try to 11 get some of these things completed earlier. 12 So does anybody else have any other 13 questions or want to -- Yes, sir. 14 MR. WEST: My name is Ryan West. I live 08:38PM 15 at 893 North Carly Circle. My first question is 16 for Mr. Kramer about the upgraded covenants. 17 Could we have some specifics on the upgraded 18 covenants? 19 For me the biggest concern has been 08:39PM 20 filing of the covenants, as well as the SSA, so 21 what will be the upgraded covenants and will they 22 be filed immediately? And again, I know that's 23 been hashed over already, but it's very important. 24 Secondly s this the developer will Y � P Depo•Court Reporting Service (630) 983 -0030 83 1 take over immediately with the detention ponds and 2 the common areas. Will the developer, if needed, 3 take over for, let's say, four years, six months, 4 then we, as a neighborhood, could develop a 08 :39PM 5 homeowner's association with more people and then 6 take over for ourselves? 7 And then finally, discussing the 8 Sunflower SSA, you said that they didn't want to i 9 take over as a homeowner's association or didn't 08:39PM 10 want to do it any longer. How many lots are in 11 Sunflower and what do they currently pay with 12 their SSA? Thanks. 13 MAYOR BURD: Mr. Kramer, do you want to 14 answer the questions? 08:40PM 15 MR. KRAMER: Again, Dan Kramer, since 16 Gary isn't here and doesn't know who is talking. 17 With regard to the covenants, I 18 think probably the easiest thing to do there is 19 that the developer is certainly willing to sit 08:40PM 20 down with the neighbors and go through what their 21 views are, the covenants and what they would like 22 to change, and I think that's probably more 23 appropriate than spending time at a public 24 hearing, and I've talked to the developer and he Depo•Court Reporting Service (630) 983 -0030 84 1 is definitely willing to do that. 2 I believe the second question 3 Mr. West had about, you know, the developer taking I 4 over relatively quickly and are they willing to I 08:40PM 5 give the homeowners and lot owners a chance to I 6 form the association and get it active, that's an 7 absolute. They are more than willing to do that. 8 The petitioner has no objection to that at all. 9 The earliest the petitioner would 08:41PM 10 take over, again, would be 30 to 45 days after an 11 amendment were approved. There would be a closing 12 with Castle. Until that happens, the developer 13 doesn't have standing to go in and start changing 14 things, but that would be their intent, and, of 08:41PM 15 course, we would be happy to meet with the owners 16 in that respect right away, so... 17 MAYOR BURD: You know how many -- about 18 120 you said? 19 MR. OLSON: About 120 lots, and I 08:41PM 20 believe the last levy would be $175. 21 MR. KRAMER: Yeah, I don't have any 22 knowledge on Sunset -- or Sunflower Estates. 23 MAYOR BURD: That would be for Sunflower 24 Estates. Depo•Court Reporting Service (630) 983 -0030 I 85 1 MR. KRAMER: Thank you. 2 MAYOR BURD:' Is there anyone else who 3 has any comments or questions that they would like I 4 to address? Yes, sir. 08:41PM 5 MR. M. JOHNSON: Just a question. Has 6 anybody addressed that 150,000 fee? I know you've 7 said you didn't collect it, right? But I 8 thought -- 9 MAYOR BURD: Is that land cash? 08:41PM 10 MR. M. JOHNSON: -- is that still 11 payable or is that lost to the City forever? I 12 MAYOR BURD: That's land cash money. I 13 MR. KRAMER: It's land cash and schools 14 and parks, and I'm not sure if it's the park I 08:42PM 15 component, but again, the developer is asking for 16 no other relief from fees. I know I've said it a 17 few times and I'll risk repeating. 18 The only fee that's being modified 19 is the transportation fee, and they're actually 08:42PM 20 pre - paying that 150 a lot in return for a lock -in 21 until 2018, so they're are not asking for any 22 other discounts or any other giveaways. Thank 23 you. 24 MAYOR BURD: There you go, land cash Depo•Court Reporting Service (630) 983 -0030 86 1 money. Do we have any other comments? 2 (No response.) 3 MAYOR BURD: Well, thank you very much I 4 for all taking the time to be here tonight, and 08:42PM 5 I'd like to ask in the future when we have an 6 amendment to an agreement that we give out the 7 whole agreement, not just the amendment. Is that 8 okay? Can we -- Because people need to have the 9 context in which the amendments are being made. 08:43PM 10 MR. OLSON : Oh, sure. When they come 11 into the City Hall, we can provide them with -- 12 MAYOR BURD: Right, when they ask for 13 this document, and also to put it up on the 14 website, the whole thing, plus the amendments, 08:43PM 15 because just to hand them a sheet of amendments, 16 they don't know how it all fits together, that's 17 very hard to understand I think. 18 MR. OLSON: The packet material on the _ 19 City Council's packet on the City's website does 08:43PM 20 include the amendment and the original agreements, 21 so that material was all made available to the 22 Council, and should be available on the City 23 website. 24 MAYOR BURD: But also when they come Depo•Court Reporting Service (630) 983 -0030 I 87 1 into the city hall -- 2 MR. OLSON: Yes. I I 3 MAYOR BURD: -- it should be given to 4 them as a packet. 08:43PM 5 MR. OLSON: Yes. Agreed. I 6 MAYOR BURD: Yes. Okay. I would like 7 to go out of public hearing. 8 (Which were all the i 9 proceedings had in the 10 public hearing portion 11 of the meeting.) 12 --- 000 - -- 13 14 I 15 i 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 i 88 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF LA SALLE ) 3 I, Christine M. Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the I 7 foregoing Report of Proceedings, Pages 1 through 8 89, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the I 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof. 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 23 24 Depo•Court Reporting Service (630) 983 -0030 89 1 In testimony whereof, I have 2 hereunto set my hand this 2nd day of June, A.D., 3 2010. 4 5 6 Christine M. Vitosh, CSR 7 CSR No. 084 - 002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 I 90 85:6 5 72:7, 78:15 20:3, 55:21, agreements (1] - 18 [1] - 52:2 accepted [3] - 55:22, 76:14, 86:20 18th [2] - 3:11, 16:8, 78:19, 79:7 80:13, 80:19 ahead [3] - $1400 [1] - 58:17 16 :7 ' 5 (1] - 29:10 accepting [1] - administrative 11:22, 37:22, $150 [2] - 60:24, 19 [3] - 23:10, 50 [1] - 61:2 79:11 [1] - 81:6 40:11 62:4 23:18, 24:23 50 -lot [1] - 5:10 access [1] - Administrator alarming [1] - $150,000 [1] - 5400 [1] - 61:5 11:20 (41 2:14, 50:12, 10:15 73:14 2 accesses [1] - 58:22, 72:3 Alderman [6] - $175 [1] - 84:20 6 45:20 ads [1] - 33:13 2:3, 2:4, 2:7, 2:8, $181 [1] - 65:7 accessory pi - advance [1] - 2:11, 41:16 $2,000 [z] - 20141- 25:19, 23:23 62:13 ALDERMAN [2] 74:11, 74:20 33:7, 43:22, 52:3 6 [1] - 29:10 2003 [1] - 19:16 60 [3] - 3:13, accounted [1] - advantage [1] - - 48:4, 56:16 $3,700 [1] - 59:21 9:3 Aldermen [3] - 61:22 2004 [1] - 19:17 16:3,38:23 accuracy (1] - aesthetic [1] - 3:18,3:24,68:3 $30,000 [2] - 2005 [3] - 3:9, 61 [1] - 59:15 88:20 34 :13 aldermen [1] - 39:15, 52:3 19:18 6A [3] - 26:17, accurate [3] - affect [2] - 57:8, 65:2 $4,000 [1] - 61:1 2007 [4] - 3:11, 52:18, 57:1 71:9, 71:10, 76:5 68:5 Alderwoman [3] $400 [a] - 51:18, 16:7, 25:22, 6B [4] - 26:18, 25:24 52:18 57:1 57:5 accused [1] - affected [a] - - 2:5, 2:6, 2:9 , , 51:20, 52:7 56:19 14:1, 24:16, 60:8, Alderwomen [1] $5,000 [1] - 2010 [5] - 1:14, acquired [1] - 61:9 - 68:3 80:23 13:10, 27:16, 7 37:2 affecting [1] - allegedly [1] - $5,509 [1] - 61:3 28:2, 89:3 acquires [1] - 34:4 32:10 $50,000 [1] - 2012 [1] - 38:20 71 [1] - 19:14 22:24 affordable [1] - Allegiance [1] - 33:5 2018 [3] - 5:20, 38:6, 85:21 75,000 [21- 75:2, acres [a] - 3:13, 41:7 3:1 $500,000 [1] - 76 : 6 30:18, 73:13, aforesaid [1] - allow [z] - 10:12, 41:3 204[1] - 71:6 73:14 88:10 45:12 20th [1] - 25:24 7:00 [1] - 1:15 $7,000 [1] - 81:1 acronym [1] - afterwards [2] - alludes [1] - $75,000 [1] - 21 st [1] - 25:22 8 64:15 53:13, 53:15 49:23 74:24 2600 [1] - 61:24 action [2] - agenda [1] - 3:2 almost [3] - 28th [1] - 26:10 66:23, 68:23 agendas [1] - 43:23, 44:13, 0 29B [1] - 22:16 80 [1] - 74:15 activate [2] - 63:11 47:7 2nd [1] - 89:2 800 [1] - 1:15 8:6, 58:3 ago [9] - 5:7, alone [1] - 17:5 844 [1] - 64:8 activated [1] - 11:2, 12:3,12:4, amazingly [1] - 084- 002883 Ell- 3 868 [1] - 43:20 26 :9 14:20, 38:23, 20:12 89:7 89 [1] - 88:8 active [41- 27:5, 77:2, 77:3, 77:13 amend [5] - 3 [3] - 51:20, 893 [1] - 82:15 57:18, 58:19, agree [2] - 4:20, 6:8, 24:16, 52:6, 52:7 84:6 57:11, 70:12 28:1, 28:7 30 [4] - 9:9, 33:5, A activity [2] - agreed [5) - amended [1] - 1121- 29:16, 36:13, 84:10 9:12, 42:18 18:6, 23:2, 32:13, 48:13 88:7 30,000 [1] - 33:8 A.D [1] - 89:2 actual [6] - 4:7, 38:17, 47:15 amendment [28] 100 [1] - 61 30 -year [z] - abide [3] - 23:6, 28:6, 38:18, 57:2, Agreed [1] - - 3:7, 3:9, 5:18, 11 [1 ] - 1:14 33:7, 33:15 23:14, [31- 65:14, 65:23 87:5 7:2, 7:21, 9:1, 110 [1] - 74:1 300 [1] :51:18 ad [1) - 32:19 agreeing [1] - 9:8, 16:8, 16:12, ability [3] - add [1] - 81:11 75:4 24:23, 26:5, 1166 [1] - 21:22 30th [2] - 27:16, 19:20, 61:15, added [z] - agreement [33] - 26:18, 28:8, 12 [a] - 3:9, 72 :3 62:3 18:10, 29:8, 31 [1] - 38:6 able [9] - 4:5, 76:24, 77:1 4:21, 6:9, 8:17, 31:13, 34:6, 35:1, 30:15 34 [1] - 75:24 5:15, 11:7,11:11, addition [1] - 13:8, 14:2, 22:17, 36:11, 38:2,48:8, 12,000- square 22:3, 33:8, 37:3, 80:16 23:8, 23:20, 48:11, 53:16, [1] - 40:18 4 53:5, 64:22 additional [2] - 24:21, 25:19, 72:4, 79:21, 120 [3] - 74:21, above - entitled 11:7,12:1 26:3, 27:7, 28:13, 84:11, 86:6, 86:7, 84:18, 84 [21 1:13, additions [1] - 31:5, 31:15, 86:20 a p ] 12th [z] - 13:9, 4.32 [1] - 30:18 absolute [1] - 4:18 31:16, 33:17, amendments [9] 28 :2 40 5:10, address [5] - 34:8, 37:4, 37:13, - 8:22, 13:18, 84'7 13 [2] - 18:10, 43:24 absolutely [z] - 9:16, 30:22, 75:9, 40:5, 48:14, 51:8, 24:21, 49:4, 49:7, 58:17 45 [2] - 36:13, 34:22, 64:2 77:9, 85:4 51:10, 56:23, 68:5, 86:9, 86:14, 135 [1] - 74:22 84:10 accept [1] - 79:3 addressed [z] - 57:23, 61:23, 86:15 1400 [1] - 51:16 56:9, 85:6 66:13, 68:4, 72:4, amends [1] - acceptable (2] - addresses [1] - 79:21, 86:6, 86:7 49:4 15 [1] - 20:8 47::11, , 81:5 Agreement [2] - amount [�] - 150 [1] - 85:20 62:19 acceptance [z] - 150,000 [1] - adjacent [6] - 3:8, 3:10 14:9, 46:13, 53:2, Depo•Court Reporting Service (630) 983 -0030 - 91 53:5, 59:2, 73:13, 84:11 69:5, 69:11, 35:11 41:4, 43:2, 49:11, 68:11 81:9 approves [1] - 70:13, 83:5, 83:9, bank [4] - 4:11, 61:4, 75:8 brings [3] - 12:7, amounts [1] - 31:12 84:6 32:5, 32:15, biggest [t] - 12:8,15:17 53:12 April [4] - 26:10, association's 63:17 82:19 Bristol [1] - ANN [1] - 2:5 27:16, 28:2, 72:3 [1] - 65:17 banks [1] - bill [5] - 51:20, 18:21 Annexation [2] - architectural [2] associations [1] 16:16 52:3, 54:3, 78:11, broad [1] - 45:11 3:8, 3:10 - 23:11, 23:14 - 69:13 Bart [3] - 12:17, 78:13 brought [3] - annexation [1 1] ARDEN [1] - 2:3 assume [1] - 61:1, 72:2 billing [1] - 37:17, 66:7, -13:8, 22:17, area [14] - 5:22, 88:19 BART [1] - 2:14 62:16 69:19 23:7, 26:3, 27:6, 32:22, 44:12, assumed [1] - base [3] - 6:21, bills [5] - 30:7, bucks [1] - 61:5 31:5, 31:15, 45:7, 45:12, 22:22 7:7, 36:20 37:6, 40:18, budget [1] - 33:17, 34:8, 47:12, 50:7, assumption [2] - basin [1] - 65:13 46:19, 62:14 10:11 37:13, 56:23 50:16, 55:22, 18:11, 61:17 basins [2] - Billy [2] - 67:2, build [6] - 19:20, annexed [2] - 57:9, 57:19, assure [1] - 4:22 50:16, 51:4 67:6 22:11, 22:13, 4:2, 88:17 65:18, 72:20, assuring [1] - basis [3] - 5:11, Billy's [1] - 45:1 23:5, 25:15, answer [1o] - 72:23 44:2 39:18, 46:10 binding [1] - 67:12 8:22, 30:24, areas [21] - 8:15, attached [1] - Bay [1] - 18:21 31:8 builder [11j - 37:19, 41:13, 16:4,16:5, 30:12, 34:10 became [1] - bit [11] - 5:4, 9:5, 14:12, 15:17, 57:10, 59:17, 33:23, 33:24, Attorney [3] - 57:18 5:24, 10:6,14:5, 23:4, 41:4, 42:23, 62:8, 63:2, 72:15, 46:24, 50:16, 3:19, 16:15, become [2] - 32:6, 45:3, 47:13, 43:4, 55:16, 83:14 51:4, 51:5, 51:14, 50:22 57:2, 68:15 51:23, 58:10, 80:15, 81:4 answered [4] - 53:8, 53:9, 55:14, attorney [2] - bed [1] - 46:5 59:12, 81:6 builder's [1] - 27:15, 41:10, 57:6, 57:7, 58:8, 3:19, 66:9 Bedford [1] - Blackberry [16] - 64:19 63:8, 64:12 64:23, 65:8, 70:6, attractive [1] - 17:23 10:16,11:10, builders [7] - answers pi - 83:2 25:9 Beecher [e] - 13:24, 16:4, 16:6, 22:15, 23:5, 56:12 argue [2] - 12:5, available [6] - 10:2, 20:4, 20:14, 21:23, 25:16, 23:13, 25:3, 32:2, anticipated [1] - 76:6 11:6, 11:22, 12:3, 76:15, 76:16, 26:8, 26:21, 27:2, 73:23 5:15 articulate [1] - 43:19, 44:16, 76:18, 77:12, 54:7, 69:23, 72:4, Builders [24] - anticipating [1] - 47:18 71:23, 86:21, 77:13 72:24, 73:2 3:4, 3:22, 4:3, 49:22 as -is [1] - 21:17 86:22 begin [2] - 6:23, blame [1] - 4:5, 4:9, 5:5, 6:1, apologize [1] - as -need [1] - average [1] - 21:15 18:24 7:9, 8:2, 14:15, 72:1 5:11 11:10 beginning [2] - block [1] - 74:14 16:11, 23:21, appeal [1] - asphalt [1] - aware [4] - 21:14, 43:9 blood [2] - 21:7, 24:2, 26:24, 25:10 6:21 10:22, 25:4, begun [1] - 21:12 31:16, 32:3, appeared [1] - assessment [3] 70:10, 79:17 19:16 blue [2] - 7:13, 32:11, 32:15, 2:21 - 30:6, 30:13, awfully [1] - behalf [1] - 2:21 2912 33:11, 35:15, application [2] - 48:23 47:16 berms [t] - 56:5 blunt [1] 54:12 42:20, 49:22, 3:6, 28:1 assessments best [4] - 56:17, bond [2] - 33:6, 58:13, 64:1 applies [1] - [3] - 8:8, 30:4, B 66:3, 66:20, 78:6 33:15 Building [1] - 88:17 30:9 bet [2] - 40:14, boom [1] - 19:16 38:5 apply [2] - assigneds [2] - 75 borrowing [1] - building [16] - 26:23, 27:9 22:18, 31:9 backs [1] - better [1 1] - 33:10 9:11, 14:24, appreciate [3] - associated [1] - 27:23 backup 5:14, 15:23, 17:7, bottom [1] - 63:2 19:16, 23:23, 43:18, 49:16, 79:23 p [ 18 ] - 40:8, 46:18, bought [4] - 31:23, 36:21, 8:9, 8:14, 26:19, 52:15 58:2 25:5 25:14 54:15 associa , , , , tion [3s] 38:1, 39:15, , 26:22, 33:19, 64:24, 65:1, 25:17 60:8 appreciated [1] - - 6:4, 8:4, 8:6, 55:16, 60:23, 41:19 24:6, 25:13, 34:6, 50:3, 50:15, 68:17, 74:17 bound [3] - 77:21, 80:13, approached [1] 26:12, 26:15, 51:13, 52:19, bettering [1] - 31:14, 32:13, 80:15, 80:16, _ 4 29:24, 30:5, 52:20, 55:23, 36:1 37:14 81:13 appropriate [2] - 33:21, 34:2, 56:24, 57:3, 57:5, between [6] - brags [2] - builds [1] - 74:6 7:20, 83:23 44:23, 46:17, 57:8, 57:22, built [9] - 6:7, 68:21 13:19, 29:11, 11:17, 19:13 approval [3] - 50:24, 51:12, 33:4, 58:8, 62:20, brain [1] - 67:8 18:10, 19:17, 25:21, 25:22, 51:15, 52:6, bad [4] - 4:4, 62:24 break [1] - 54:3 19:18, 42:10, 53:7 54:10, 57:8, 14:19, 29:15, beware [1] - breather (1] - 55:18, 63:19, approve [1] - 57:16, 57:17, 2919 15:9 17:7 81:15, 82:4 28:13 57:21, 58:2, ball [1] - 4:24 Bullies [1] - 17:3 Bank, beyond [2] - breathing [1] - approved [9] - 58:15, 58:19, [ s ] - 4:7 53:5, 68:9 68:14 BURD [52] - 2:2, 5:9, 9:1, 9:8, 59:7, 59:20, 4:10, 9:10, 28:4, bicycle [1] - 73:1 bring [2] - 12:12, 3:2, 9:15, 21:19, 25:23, 26:2, 35:1, 64:15, 64:17, 28:5, 31:11, big (e] - 16:16, 27:20 30:21, 37:22, 36:11, 81:21, 65:4, 65:24, 69:2, 34:23, 35:5, 29:13, 39:13, bringing [1] - 41:14, 43:12, Depo•Court Reporting Service (630) 983 -0030 92 43:15, 48:3, 48:6, Carly (2] - 64:8, charter [1] - 32:20, 35:2, coats (1] - 36:20 completely [1] - 49:2, 49:11, 82:15 35:12 37:24, 38:16, Code [1] - 38:5 71:9 49:17, 50:3, carpenters [1) - cheap [1] - 41:8 40:15, 44:7, code [2] - 14:10, compliance (1] - 50:11, 53:17, 64:3 cheaper [1]- 46:22, 46:23, 38:5 27:17 53:20, 54:15, carry [1] - 4:5 33:8 48:14, 48:15, codes [6] - 15:5, component [1] - 54:23, 55:6, 55:8, case [3] - 5:17, checked [1 ] - 50:11, 52:8, 54:9, 38:1, 38:2, 38:3, 85:15 56:11, 59:13, 11:13, 28:16 30:2 55:11, 55:19, 77:19, 78:3 components [1] 61:11, 64:5, cash [7] - 41:4, Chicago 111 - 57:21, 58:22, Cody [2] - 21:22, - 16:16 68:19, 71:1, 71:3, 73 :15, 79:23, 17:19 60:22, 62:15, 72 :21 con [1] - 19:2 75:11, 76:7, 85:9, 85:12, chipping 11] - 64:24, 65:4, 65:7, coins [1] - 16:1 concern [11] - 76:10, 76:12, 85:13, 85:24 46:3 66:2, 67:1, 69:1, collect - 85:7 23:18,25:12, 76:19, 76:22, Castle [12] -'4:7, choose [1] - 69:3, 69:8, 69:9, coming [13] - 31:19,36:17, 77:4, 77:16, 78:7, 4:10, 9:2, 9:9, 57:20 70:11, 71:11, 12:11, 15:10, 52:13, 56:8, 78:10,81:11, 28:3, 28:5,31:11, CHRISTINE[1]- 71:19,72:3, 16:22,19:1, 32:2, 57:24, 64:13, 83:13,84:17, 34:23, 35:5, 1:14 73:16, 74:5, 78:6, 35 :18, 42:6, 50:8, 66:18, 69:15, 84:23, 85:2, 85:9, 35:11, 36:2, Christine [21- 79:3, 81:19, 52:3, 66:5, 69:11, 82:19 85:12, 85:24, 84:12 88:3, 89:6 82:10, 85:11, 75:16, 76:2 concerned [4] - 86:3, 86:12, catch (1] - 17:7 Circle [1] - 82:15 86:11, 86:19, comment [4] - 28:19, 54:6, 54:8, 86:24, 87:3, 87:6 cattails [1] - circle [1] - 17:18 86:22 10:15,12:21, 65:16 Burd (1] -16:8 7 :19 cities [1] -19:9 City's [6] - 11:5, 41:12, 63:21 concerning [2] - burden (1] - 81:6 caution [2] - citizen's [1] - 1,2:16,18:5, comments [s] - 10:17,11:21 business [4] - 46:14, 47:15 11:20 27:18, 69:20, 14:23, 64:6, concerns [9] - 15:21, 35:20, cave [1] - 16:18 citizenry [1] - 86:19 70:22, 85:3, 86:1 22:4, 22:5, 22:8, 60:12, 69:6 caved 11] - 16:14 16:1 claimed [1] - commercial 16] - 22:16, 43:18, businesses [1] - CCR's [6] - 24:5, citizens (9] - 66:20 12:6, 12:7,14:22, 44:11, 45:10, 39:11 24:14,24:17, 6:16,16:21, clarified (1] - 20:7, 20:18, 43:7 54:11, 57:11 busy [1] - 68:8 24:24, 25:7 19:11, 21:4,21:6, 69:23 commitment (1] condition [1] - butt 111 - 20:13 cease (1) - 19:5 21:11, 21:16, clarify pi - 55:8, - 25:7 28 :22 buy [3] - 22:10, cents [1] - 67:16 40:5, 59:18 56:22, 68:19 commitments conditions [3] - 29:20, 33:8 certain [3] - city [28] - 1:5, clarifying [1] - (2] - 16:20,18:20 23:21, 32:7, 36:5 buying [5] - 5:22,24:21, 10:9,10:10, 71:8 Committee [4] - confusing [1] - 18:23, 25:2, 38:14 11:17, 12:14, clean [5] -19:7, 5:6, 11:8, 13:16, 32:18 33:15,67:11, certainly [21- 15:6,15:21, 27:19,28:21, 38:12 connect[1]- 67:15 5:14, 83:19 15:24, 16:3, 2920, 36:14 common [14] - 42:13 buys (1] - 29:20 certificate [1] - 16:22, 16:24, cleaned [1] - 8:10,'30:12, connection [1] - 88:17 17:6, 18:9,19:6, 7:18 33:22, 33:23, 61:21 C certified (4] - 19:11, 20:23, cleaning [1] - 47:2, 50:6, 50:16, consider[1] - 62:12, 63:5, 21:3, 21:12, 28:23 51:4, 55:14, 60:17 67:23, 88:19 33:20, 34:2, 34:5, cleanup Ill - 55:22, 57:6, 57:7, considerable [1] candid [1] - 1:14 candid [1] - Certified [1] - 35:21, 37:16, 9:13 65:7, 83:2 - 62:13 5 88 :3 38:8, 62:20, clear [3] - 51:7, community [6] - considering (1] Can 57:2, 69:18 Cannonball [s] - certify (3] - 88:4, 63:20, 77:19, 14:13, 21:13, - 67:11 3:14, 45:19, 88:11, 88:16 87:1 cleared [1] - 36:4, 38:24, 39:7, consists [1] - cetera [1] - 15:5 CITY [1] - 1:6 59:12 42:17 3:12 45:21, 56:2, City 6 Clerk 3 2: P ( ] chain [1] - 24:10 ty [ 4] - 1:16, [ ] - 16, compared 1 - constituent (1] 57:13, 76:18 - chance [2] - 2:14, 2:15, 2:16, 48:14, 48:15 14:21 54:22 cannot [1] - 2:22, 3:6, 4:2, close [6] - 9:9, complain [1] - construction [3] 75:20 64:16, 84:5 P change [4] - 4:14, 4:19, 5:19, 35:3, 35:4, 35:8, 52 :9 - 75:15, 79:13, cap [1] - 53:3 7:10, 8:9, 8:19, 42:14, 59:10 complaint [1] - 82:7 capable [1] - 10:8, 17:16, com P 18:16, 83:22 9:4, 10:12,10:14, closed [3] - 54:21 contained (1] - 45:6 10:21, 11:3, 11:6, complete :24, 30:6, 32:10 [5] - 50:17 capital (1] - changes p] - P 14:9,17:14, 31:7, 11:17, 12:5, 12:9, closer [1] - 8:16, 36:23, contains (1] - 35:23 31:12, 31:17, 12:12, 12:15, 36:20 44:10, 78:23, 50:18 capitalized [1] - 49:18, 60:15 13:9, 13:11, closes [1] - 88:8 contemplated 63:19 changing (1) - 13:20, 14:9, 31:10 completed [1o] - 12] - 51:6, 61:24 care [5] - 19:3, 84:13 14:23, 15:1, 15:3, closing [ - 8:19, 12:20, contemplation 43:12, 46:5, 46:7, charged [1] - 15:12,16:14, 36:12, 49:22, 16:17, 55:18, (1) - 52:19 66:1 54:10 16:19, 17:14, 66:17, 84:11 72:8, 78:21, context [1 ] - careful [1] - charges [1] - 20:19, 29:7, coat (2] - 6:21, 81:19, 81:21, 86:9 44:14 54 :8 30:15, 31:11, 7:7 82:2, 82:11 continue 131 - Depo•Court Reporting Service (630) 983 -0030 93 18:12, 25:11, 12:5, 12:10, create [3] - D demanding (1] - development 52:12 12:23,13:20, 15:19, 18:2, ' 10:10 [31] - 8:12,10:9, continuing [1] - 14:20,14:24, 53:17 demands [1] - 12:6, 12:7, 14:18, 25:10 16:19, 17:1, 18:1, created [2] - D- 908810 [1] - 47:18 15:6, 16:4, 16:5, contract [6] - 20:6, 20:19, 34:6,51:13 1 :22 demonize [1] - 16:9, 16:17, 17:8, 4:10,12:19, 21:15, 32:20, creation [2] - dad's (1] - 64:10 35:18 19:21, 19:22, 12:20,12:24, 35:2, 68:12, 69:2, 50:14, 56:24 Dan [e] - 9:21, description [1] - 20:1, 20:9, 25:9, 28:3, 28:16 70:11, 71:11, credit [13] - 44:3,47:5,47:6, 53:9 33:22,35:14, contractor [2) - 71:19, 72:13, 6:19, 6:23, 7:5, 50:1, 71:7, 72:1, detached [1 - 39:3, 39:8, 40:10, 37:8, 64:1 72:19, 74:5, 7:9, 19:10, 36:21, 83:15 66:11 40:13, 40:16, contrary [1] - 79:17, 86:22 80:1, 80:7, 80:12, Daniel [1] - 3:19 detail [2] - 49:6, 65:8, 65:14, 66:6, 36:15 COUNCIL [1] - 80:17, 81:4, 81:7, date [2] - 60:20, 53 : 7 67:9, 67:14, contributing (1] 1:5 81:9 61:14 detailed [3] - 68:16,69:18, - 46:9 Council's [2] - Creek [8] - 16:7, dated [4] - 3:9, 7:11, 49:12, 80:6 control [5] - 15:2,86:19 19:15, 40:14, 3:11, 28:2, 72:3 49;13 Development 46:18, 46:19, councilmen [1] - 43:1, 43:2, 69:23, Dawn [4] - detention [10] - (1 - 3:8, 3:10, 66:19,77:18, 18:3 72:24, 73:2 21:21,43:17, 7:12, 8:11, 27:14, 4:21, 5:6,11:8, 88 :21 Councilmen (1] Crestview [41 48:21, 49:20 34:1, 50:16, 51:4, 13:16, 20:10, conversely [1] - - 20:24 3:4, 3:21, 4:9, days (6] - 9:9 57:9, 57:18, 79:1, 20:16, 38:12, 7:1 counsel [2] - 4:13, 4:16, 6:6, 36:13,38:23, 83:1 41:22, 63:14 convinced [1]- 88:12 7:8,7:21, 8:23, 78:1, 78:2, 84:10 develop [7]- developments 47:8 County [6] - 3:7, 9:7, 14:15, 24:14, dead [t] - 6:17 4:12, 5:3, 5:11, (6] - 4:18,18:23, coordinator [1 - 40:23, 41:2, 43:4, 26:5, 26:24, dead -end [1] - 24:2, 37:4, 83:4 19:14, 20:23, 62:17 43:23, 76:15 28:10, 28:20, 6:17 developed [7] - 33:18, 68:20 copies [2] - COUNTY [1] - 29:5,29:20, 31:5, deal [2] - 43:1, 4:2, 4:13, 4:15, deviousness (1] 88:18,88:21 88:2 31:10,32:3, 49:22 17:19,17:20, - 37:11 COPY [3] - 32:4, county [2] - 32:15,34:15, dealing 131 - 31:24,38:6 DIANE [1] - 2:9 48:17, 62:15 40:14, 62:20 35:6, 35:8, 35:15, 35:7,38:3. 81:17 developer [44] - DIDIER [2] - corner [t] - couple [6] - 36:13,37:14, dealings [1] - 10:13,10:21, 21:21, 31:2 80:23 9:20, 26:4, 52:24, 39:23, 40:13, 47:14 12:11, 12:15, Didier(2]- corporate [1]- 59:18, 62:23, 42:20, 49:21, deals [1]- 15:23 12:22,13:10, 21:21, 36:9 35:12 65:2 57:14, 57:24, debris [1] - 36:8 14:8, 14:12, 15:3, Did(er's [1] - Corporation (1] courageous [2] 58:13,58:20, December [3] - 15:4.17:15, 30:24 - 41 :22 - 38:22, 39:19 59:10, 64:1, 3:11, 16:7, 38:6 17:17, 19:13, difference (4] - correct [10] - course [5] - 4:1, 67:10, 67:12, decided [1] - 21:17, 21:18, 14:6, 58:7, 61:4, 34:22,48:11, 5:16,59:11, 73:22 22:10 22:21, 32:24, 61:6 50:22, 53:19, 63:17, 84:15 Crestview's [3] - decision (3] - 33:9, 34:20, 35:3, different (3] - 55:11, 55:12, Court [3] - 22:12, 27:10, 60:7, 66:3, 70:14 35:11, 36:3,40:9, 44:11, 63:1, 76:10, 77:7, 77:8, 21:22, 64:9, 28:1 decisions [1] - 57:14,58:1. 58:6, 81:10 gg;g 72 :21 Crestwood [1] - 71:13 59:4,62:5, 63:19, dig [1] - 22:3 corrected [1] - covenants (23] - 67:10 dedicated [1] - 65:12, 72:6, digging [1] - 25:23 23:10, 23:15, cross [1] - 73:2 20 :21 72:12, 74:8, 80:3, 11:6 correctly [1) - 23:19,23:21, crystal [1] - 4:24 dedication (1) - 80:7,81:2. 82:10, diligently (1] - 52:23 24:22, 31:20, CSR (2] - 89:6, '37:15 82:24, 83:2, 41:24 corridor [2] - 32:4, 32:5, 32:9, 89:7 deed [1] - 79:22 83:19, 83:24, dire [1] - 67:13 10:4, 20:4 32:13,32:15, curb [3] - 79:7, deeded (1] - 84:3, 84:12, direction [4] - cost [9] - 33:1, 40:9, 41:8, 66:8, 79:8, 79:14 8 : 18 85:15 13:17,13:22, 33:3,34:3, 51:16, 66:10, 66:14, current [6] - 8:7, deemed [1] - developer's [2] - 65:3, 88:21 51:18,74:1, 75:2, 66:15,82:16, 14:14,19:11, 22:22 12:2,19:24 directly [2] - 79:5, 80:18 82:18,82:20, 27:8, 37:4 deeply [1] - 11:7 developers [18] 12:16,14:1 costing (2] - 82 :21, 83:17, cut [11] - 10:13, defend (1] - - 13:3,15:10, director [1] - 15:11, 39:15 83:21 31:1, 39:18, 17:14 15:20,15:22, 41:21 costs [3] - 12:8, cover [2] - 44:22, 45:4, 46:4, define [1] - 16:18, 17:3, 18:3, dirt [1] - 9 :23 15:1, 40:3 50:15, 80:18 51:15, 51:18, 50:12 18:15, 18:19, dirty pi - 44:13 Cotswold [1] - covering (1] - 51:20, 52:10, definite [1] - 19:2, 19:5, 19:12, disagree (1] - 59:16 58:19 70 :7 32:16 21:1, 21:3, 21:10, 39 : 2 council [1] - cowering [1] - cuts [2] - 10:11, definitely [1] - 21:16, 47:14, disagreements 20:18 17:2 10:12 84:1 55:14 (1] - 13:18 Council [27] - cracks [1] - cutting [1] - 45:2 delivered [1] - developing [2] - discounts [1] - 5:19, 11:6, 11:15, 62:24 cycle [1] - 63:13 10:20 35:10, 36:7 85 :22 De P o•Court Reporting Service (630) 983 -0030 P g 94 discuss [1] - 39:5, 39:8 enabling [1] - Estates [3] - expressly [1] - 13:12, 38:21, 52:19 dozen [1] - 41:1 58:21 69:5, 84:22, 23:1 39:16, 39:18, discussing [1] - draft [4] - 26:6, enacted [2] - 84:24 extended [2] - 40:2, 59:20, 83:7 26:10, 31:20, 25:20, 26:1 estimate [1] - 7:23, 61:19 60:22, 61:6, 61:9, dishonor [1] - 44:15 enacting [1) - 53:3 extension [1] - 61:12, 61:16, 21:8 drafts [1] - 26:4 58:21 estimation [1] - 10:3 62:4, 72:12, dissolved [1] - drainage [1] - enactment [1] - 56:7 extra [2] - 63:4, 85:16 51:10 7:18 52:22 et [1] - 15:5 74:15 feet [2] - 29:2, distinguished drawing [2] - end [9] - 6:17, evening [2] - 74:15 [1] - 44:1 7:14, 9:21 9:22, 10:2, 20:1, 3:17, 51:24 F fell [1] - 5:16 distressed [1] - Drive [1] - 59:16 35:16, 45:16, eventually [3) - fellas [1] - 47:11 35:22 driven [1] - 39:4 46:17, 52:7, 29:2, 30:17, 82:6 felt [5] - 52:15, District [3] - drop [1] - 19:6 77:22 example [2] - facade [1] - 75:14, 76:2, 77:6, 26:12, 26:13, drove [2] - ended [2] - 32:23, 42:16 23'22 81:5 26:15 74:16,74:18 47:17, 69:4 excellent [3] - face [1] - 68:9 fence [1] - 24:11 district [1 - DUBAJIC [1] - ends [4] - 15:11, 20:17, 42:15, fact [71 - 20:3, few p i ] - 14:18, 9 27 23, :, 40:20 41:20 17:18, 20:15, 42:22 26: 16:1, 31:6, 37:19, divided [1] - 5:8 Dubajic [1] - 57:20 except [1] - 19:3 44: 29.23, 49:4, 49:7, 59:16, document [14] - 41:20 engineering [2] excess [1] - 41:2 f [ 1- 12: 68:9, 71:8, 71:24, 11:4, 34:10, due [3] - 10:20, - 7:17, 34:12 exchange [2] - fair [3] 12:13, 85:17 44:18, 48:10, 12:18, 64:18 enjoy [1) - 48:2 37:10, 38:18 1 f a irl 54:20 figure [t] - 65:6 48:17, 49:3, 49:5, dues [1] - 44:23 enjoying [il - excuse [2] - fairly [3] - 30:24, file p] - 48:14 49:6, 49:9, 49:12, dug [1] - 82:8 46:22 13:23, 48:6 77:1, 77:4 filed [2] - 3:5, 49:13, 49:14, duplexes [1] - enter [1] - 3:3 Excuse [2] - Falls [1] - 17:23 82:22 68:7, 86:13 6 :8 entered [1] - 14:11, 56:14 falls [1] - 60:2 filing [1] - 82:20 documentation duties [1] - 31:16 executed [1] - familiar [2] - final [1o] - 6:12, [4] - 10:24, 72:18, 22 :21 enticements [1] 35:2 33:12, 56:1 12:19, 12:24, 73:7, 73:12 dwelling [1] - - 25:14 executing [1] - families [1] - 23:24, 25:21, documents [ - 22:24 entire [3] - 35:8 21.12 26:2, 78:19, 11:20, 67:23, dying [1] - 39:11 18:11, 38:23, executive [1] - family [2] - 58:9, 78:22 73:9 65:13 41:21 61:22 finally [2] - 11:7, dollar [4] - 53:2, E entitled [2] - Exhibit [1] - far [5] - 6:21, 83:7 53:11, 54:2, 1:13, 88:6 23:10 7:18, 8:10,11:17, finances [1] - 67:16 entitlement [1] - exhibit (1] - 43:7, 65:16 67:14 dollars [2] - earliest [1] - 39:16 34:11 Farm [2] - 1:15, fine [3] - 21:6, 51:16, 74:22 84:9 entitlements [2] exhibits [1] - 75.21 46:10, 58:20 donation [2] - easiest [1] - - 5:2, 5:20 44:17 fashion [3] - 5:4, finish [2] - 30:16, 37:12 83:18 entity [1] - 81:10 existing [5] - 36:24, 39:22 36:17, 36:19 done [17] - 5:8, east [i] - 6:18 entrance [1] - 15:5,16:21, 18:7, Fathers [a] - finished [1] - 6:6, 31:2, 36:4, eastern [1] - 7:6 65:19 18:10, 21:17, 46:23 42:12 38:7, 40:14, easy [1] - 72:19 entry [2] - 33:24, 37:24 feasible [3] - finishing [2] - 42:13, 46:20, Economic [5] - 74:14 expect [1] - 15:19, 16:9, 19:24, 35:24 52:24, 65:9, 71:2, 5:6, 11:8,13:16, entryway [3] - 10:11 16:13 first[151- 9:19, 71:3, 79:2, 79:5, 38:12, 41:21, 45:14, 45:17, expecting [1] - features [1] - 12:22,16:8, 81:13, 82:3, 82:9 63:14 50:5 65:24 8'10 16:12, 25:21, door [1] - 36:9 economic [3] - equal [1] - 46:9 expedited [5] - federal [1] - 26:5, 26:6, 26:18, dormant [9] 13:5,13:6, 44:4 especially [4] - 12:18, 12:22, 39.20 27:5, 28:7, 30:8, 25:20, 26:1, 27:5, economically 27 :4, 47:19, 13:14,19:22, fee [19] - 5:19, 44:7, 63:8, 71:6, 33:19, 34:7, [2] - 15:7,16:13 49:19, 75:15 63:10 38:15, 38:17, 82:15 34:18, 57:1, 57:5, economy [2] - establish [3] - expense [3] - 38:19, 39:24, fits [1] - 86:16 58:3 5:13, 42:5 29 :24, 50:23, 7:22, 34:17, 60:21, 60:23, Five [1] - 77:16 down [14] - effective [1) - 53:2 62:13 61:7, 61:17, five [1 o] - 12:4, 11:16, 14:21, - 35:4 established [3] - experience [2] - 61:18, 61:20, 13:8, 19:17, 15:22, 20:16, eight [3] - 29:8, 19:9, 26:8, 66:16 47:12, 58:14 61:22, 74:12, 34:17, 34:20, 25:3, 34:1, 36:9, 73:13, 77:20 establishing [1] experienced [1) 77:5, 77:14, 85:6, 40:18, 58:5, 52:17, 66:21, either [1] - 17:10 - 51:2 - 17 :8 85:18, 85:19 60:21, 77:15, 70:7, 72:18, electricians [1] - establishment expiration [1] - feedback [1] - 78:2 72:24, 81:14, 64:3 [1] - 24:6 61:16 41:18 five -year [5] - 83:20 empty [2] - estate [1] - explain [2] - fees [17] - 13:9, 13:8, 34:17, 13:11, downtown [2] - 22:23, 66:19 62:14 14:19, 48:7 13:10, 34:20, 58:5, Depo•Court Reporting Service (630) 983 -0030 i 95 60:21 garage [11- growth 19] - 58:23, 59:9, homes [161 - 6:7, important [5] - fix [11- 75:13 66:11 12:12, 14:21, 83:24, 87:7, 6:15, 9:11, 10:17, 12:1, 63:23, fixed [1] - 76:2 GARDNER (2] - 17:8, 17:10, 87:10, 88:6 19:17, 19:20, 69:21, 69:24, flag [1] - 15:13 2:20, 49:10 17:11, 17:12, hearings [3] - 22:9, 22:13, 82:23 flat [11- 56:3 GARY [1] - 2:11 17:18, 44:5, 11:21, 71:12, 31:24, 40:17, impose (1] - flip [11- 36:16 Gary [2] - 56:15, 52:11 71:20 40:21, 41:1, 41:3, 23:21 flower [1) - 46:5 83:16 guess [1 0] - heirs [t] - 31:9 41:6,42:9, 55:17 improved [1] - folks [41- 3:23, generalized [1] - 23:3, 60:19, 64:9, help (41- 15:18, honor [1] - 32:5 22:23 32:19, 52:1, 54:1 54:19 65:19, 67:23, 30:12, 45:7, hope [31- 13:15, improvement follow [41- generally [2] - 71:7,72:11, 75:15 29:19, 43:8 131- 75:23,78:19, 17:17,18:3, 6:14, 33:3 73:16,75:8 helps [1] - 19:10 hopefully [6] - 80:6 20:20, 56:17 generate [1] - guy [2] - 73:18, hereby [1] - 88:4 30:10,30:11, improvements foot [3] - 40:18, 62:14 74:6 hereto [1 ] - 46:24,52:11, [9] - 6:14,7:4, 7:8, 56:3, 56:4 GEORGE [1] - guys [61- 68:7, 88:17 56:15,59:11 33:2, 33:4, 36:1, force [11- 15:18 2:8 71:16, 72:9.73:8, hereunder [1] - hoping [1] - 82:1 50:12,57:14, foregoing [1] - Georgeanna [1] 74:23, 75:4 22:21 horrendous [1] - 79:1 88:7 - 71:6 hereunto [1] - 11:1 improving [t] - forever [11- GILSON (1] - 2:8 H 89:2 hot [1] - 19:7 80:18 85:11 GINOCCHIO [161 hi [1) - 9:18 hour[1] - 1:15 Inc [1] - 3:22 forgiveness [1] - - 43:14, 43:16, hair [1] - 57:11 high 121 - 29:2, hours [1] - 11:24 inches [2] - 38:19 48:12, 49:15, half [21- 39:19, 58:16 house [5] - 29:8, 77:20 form [3] - 48:13, 49:18, 50:4, higher [3] - 29:8, 42:10, 43:2, include (2) - 52:20, 84:6 51:14,52:5, 41 :1 58:11, 77:20 46:12, 80:20, 26:8, 86:20 forward (1] - 53:11, 53:24, Hall [3] - 11:3, hills [61- 45:2, 82:5 included (3] - 86:11 51:5 54:16, 55:1, 55:3, 44:7, 45:4, 45:15,50:9, houses [51- 27:10, 28:7, 80:5 four [8] -12:4, 55:7, 55:24, 56:6 hall (1] - 87:1 56:1, 56:3 42:23, 42:24, including [1] - 20:12, 20:15, Ginocchio [1] - halted [11- himself [1] - 80:8,81:15,82:3 28:22 29:2, 60:15, 55:2 14:19 31:24 housing [2] - inclusive [1] - hand [4] - 5:7, 62:18,62:21, Ginocchio's[1] hindsight [1]- 16:10,41:7 88:8 86:15, 88:19, 83:3 - 57:10 5:13 hundred [1] - Incorporated [1] 89'2 frankly 13] - GIS [1] - 62:16 hire [1] - 17:13 78:23 - 3:5 32:6, 38:20, 40:7 gist [1] - 71:9 handle [11 - 69:2 hit [1] - 58:1 hurry [3] - 12:23, incorrect [1] - freeze [11- 13:9 giveaways (1] - hang [1] - 56:17 HOA [1] - 51:8 12:24, 60:10 62:19 (51- 8:22, friends [1] - 13:5 85:22 happy holder [1] - 28:4 hurt [1] - 51:22 increased [2] - front [31- 8:12, given [2] - 41:11, 52:10, home [41- 23:5, 13:11, 61:21 84:15 55:15, 80:8 30:18, 87:3 70:13, 33:8, 55:17, incur (1] - 54:9 hard [5] - 7:13, frontage [1] - glad [11- 66:7 55:21 indicated [41- 21:2, 66:2, 66:15, 34:11, 36:12, harmonious [1] 74:8 80;22 GOLINSKI [2] - homeownerl31 86:17 idea [2] - 63:18, frustrated [1] - 2:11, 56:16 - 11:10, 33:6, 39:9, 59:19 48:20 Golinski [1] - 57:16 individual [31- - 25:9 ideas [1] - 16:22 fulfill [11- 18:19 41:16 6:9, 29:17, 80:20 hashed [1] - homeowner's illegal [t] -10:19 full [1] - 7:9 government [1] [281 - 6:3, 8:3, infinite [11- fun [21- 44:23, - 39:20 82 :23 24:6, 25:13, ILLINOIS [21- 11:15 45:5 governments healthcare [1] - 26:11, 26:15, • 1:6, 88:1 infinitum [11- 13:1 Illinois [61 - function [1] - 111- 15:24 29:24, 30:5, 32:19 hear [81- 17:2, 1:16, 2:22, 3:20, 7;17 Grande [2] - 33:21, 34:2, info [1] - 11:8 18:20, 32:22 38:24, 44:2, 50:24, 51:11, 43:21, 43:22, information [10] functioning [11 - 45:23, 47:10, 62:11 34:12 grass 14] - 45:2, 57:7, 57:17, - 10:15,12:1, fund [1] - 36:3 46:4, 51:15, 56:15, 72:15, 57:21, 59:7, imagine [11- 12:2, 14:4, 22:3, funded [1] - 8:4 51:18 75 :9 59:19, 64:15, 29:7 49:1, 60:1, 60:6, ravel [2] - 9:24, heard (61- 12:4, 65:4, 65:17, immediately [3] 71:13, 71:22 funding [11- g 15:10, 32:19, - 26:9, 82:22, 75:22 28;15 65:24, 69:2, 69:5, informed [11- 38:13, 50:1, 83:1 future (3] - 20:6, gray [1] - 57:12 69:10, 69:12, 60:7 great [1] - 70:20 59:21 70:12, 83:5, 83:9 impact [41- infrastructure 25:3, 86:5 g 18 hearing [17] - 39:16, 39:, greater [1] - 81:9 homeowners [3] - 55:10, 78:21, G Greenbrier [11- 3:3, 3:4,11:1, [10] - 8:5, 14:6, 77:5, 77:14 79:7 4r 11:18, 13:20, 11:2, 11:12, 18:10, 27:1, implementing initial [31- 30:6, g grew [t] - 29:1 27:12, 58:19, [1] - 26:19 44:15, 78:2 Game [21- 1:15, 13:23, 22:7, 63:7, 64:16, 66:4, implies [11- ink [1] - 66:15 ground [1] - 8:5 41:17, 57:4, 75:20 84:5 50:1 install 1 - 59:5 grow [11- 16:20 [ 1 Depo•Court Reporting Service (630) 983 -0030 96 instances [1] - 71:5, 76:5, 76:8, 56:12, 59:17, letters [3] - located [4] - 70:18 38:7 76:11, 85:5, 67:22, 82:16, 19:10, 44:13, 3:13, 24:17, maintaining [i] - instead [1] - 85:10 83:13, 83:15 81:7 79:10, 79:13 34:20 74:3 jOHNSON [1] - letting [1] - lock [6] - 5:19, maintenance institute [i] - 70:24 L 54:13 40:2, 61:17, [15] - 6:2, 6:5, 70:12 Johnson [7] - level [2] - 46:20, 61:18, 62:4, 7:23, 34:17, instituted [11- 9:18, 35:17, 39:1, 47:1 85:20 50:15, 55:20, 69:13 40:12, 64:8, LA (�] - 88'2 levied (1] - 59:2 lock -in [1] - 57:6, 57:20, 58:5, insurance [2] - 70:23, 71:6 lack (1] - 10:24 levy [6] - 8:13, 85:20 58:11, 59:6, 25:6, 60:13 Johnson's [2] - lady [i] - 66:7 53:5, 57:22, 59:1, longest [1] - 69:14, 77:19, intent p] - 84:14 36:16, 37:20 laid p] - 45:23 59:8, 84:20 47:21 79:4, 79:10 intention (4] - JR p] - 2:8 land [8] - 35:21, levying Ili - look [5] - 17:23, major (e] - 22:4, 9:7, 9:10, 35:24, July (5) - 3:9, 64:20, 72:23, 34:3 17:24, 22:12, 22:7, 23:18, 66:14 13:9, 25:24, 41:2, 79:23, 85:9, licensed [1] - 62:16, 71:20 25:12, 31:19, interest p] - 60:20 85:12, 85:13, 3:20 looked [2] - 75:23 42:5 June [1] - 89:2 85:24 Life [1] - 17:23 68:8, 75:17 manpower [t] - interested [1] - junk [2] - 28:23, landscape [3] - life [2] - 21:12, looking [5] - 79:5 88:15 29:12 7'12, 27'17, 42:11 36:5, 42:17, 45:7, Mark (5] - 9:18, interim p] - jurisdiction [t] - 27'18 Illy [1] - 56:19 65:12, 72:17 43:16, 47:11, 39:17 76:17 language [9] - limit(i] - 57:4 looks (4] - 48:19, 71:5 internal p] - 12:19, 44:20, limited p] - 29:15, 29:18, market (3) - 80:21 K 45:11, 46:2, 45:14 29:21, 62:23 4:22, 16:10, 33:9 International [1) 56:24, 57:23, Linden (4] - looped [1] - 6:17 marketed [i] - 78:14, 78:16, - 38:5 20:9, 20:15, lose [t] - 46:17 33:12 keep (5] - 17:14, 79:16 internet [�] - 32:11 lost 151 - 37:4, Marketplace [3] 48:24 22:8, 45:7, 56:22, large [1] - 8:16 Linden's [3] - 57:11, 67:14, - 42:2, 42:3, 67:3 larger [2] - 49:5 interpreting(] - 37:1, 37:6, 37:9 67:17, 85:11 42:15 47:24 keeping (4] - last [io] - 11:5, line [5] - 6:15, loud [1] - 56:20 MARTY (1) - 2:4 31:4, 53:24, 17:9, 28:24, invest [l] - 66:21 .38:13, 39:5, 41:1, 34:1, 41:16, 54:9, love [1] - 40:15 mass [1] - 72:23 21:11 63:2 lower [2] - material [2] - investor [2] - keeps It] - 40:9 44:24, 63:9, Kendall le] - 3:7, 84:20 link [1] - 24:11 38:20, 39:23 86:18, 86:21 35:18, 35:19 40:22, 41:2, 42:1, law [t] - 3:20 list (2] - 62:14, luckily [1] - 22:1 materials [i] - investors (2] - 62:15 lucky [i] - 17:6 2322 43:23 44:22, 78: 18:22, 35:23 42:3, 42:15, 43:4, lawn [3] : 3 6:5, listen [2] - Lynn [2] - 41:14, matter [2] - 1:13, involved [i] - 41:12, 71:14 41:20 17:20 4:16 key h] - 10:1 lawnmower [2] - Listing [i] - [ ] - maximize kind [�o] - 44:23, 44:22, 48:2 issue 12] - 29:22, 45:5, 45:8, 45:22, lawyer [1] - 40:24 M 18:24 41:15 lists (1) - 63:1 maximum [2] - issues [3] - 47:2, 52:2, 65:8, 71:14 literally [i] - 59:1, 59:2 13:18, 81:18, 66:22, 66:23, lawyers l2] - 32:24 ma'am [�] - mayor [2] - 39:9, 67:17 17:13, 21:10 21:20 52:9 82:2 litigation [i] - item [3] - 3:2, kinds [1] - 44:11 least [2] - 24:15, 37 :9 mail [1] - 10:17 Mayor [5] - 2:2, 16:24, 75:12 knowledge h] - 29:21 live [tt] - 3:23, mailbox [1] - 3:17, 3:24,16:8, 84:22 leave [3] - 17:5, 44:6 itself (i] - 22:9 6:16, 13:24, 19:1, 54:13 known [3] - 19:7, 36:7 mailboxes [i] - MAYOR [5�] - 21:22, 27:12, J 14:12, 42:20, led [1] - 15:16 40:3, 42:11, 10:20 3:2, 9:15, 21:19, 57:12 legal [2] - 28:4, 43:20, 63:18, mailing [3] - 30:21, 37:22, knows [i] - 53:8 82:14 10:19, 62:12, 41:14, 43:12, JACQUELINE 29:13 lengthy [2] - lived [3] - 16:2, 63:5 43:15,48:3,48:6, [1] - 2:16 KRAMER [ii] - 34:10, 36:10 30:8, 43:22 main [3] - 6:17, 49:2,49:11, job (2] - 20:24, 3:17,30:23, 31:3, less (4] - 12:6, livelihood [1] - 10:4,57:13 49:17,50:3, 36:4 37:23,56:14, 12:13, 41:1, 65:9 43:23 maintain [131- 50:11, 53:17, jobs [3] - 15:19, 56:18, 62:8, lesser h] - 6:10,28:21, 53:20, 54:15, 63:23, 68:7 83:15,84:21, 72:12 lives 12] - 21:11, 33:22, 36:15, 54:23, 55:6, 55:8, JOE [1] - 2:3 85:1, 85:13 letter [13] - 6:19, 43 l ivivi 46:24, 51:3,51:4, 56:11, 59:13, Kramer - 6:22, 7:4, 7:9, ng (4] - 54:2, 55:17, 64:22, John [4] - 55:2, 55:3, 55:5, 66:4 61:11, 64:5, 57:10,58:10, 3:19,16:15, 36:21,, 38:23, loan [z] - 41:3, 65:7, 65:18, 70:9 68:19 71:1, 71:3, 74:13 27:14,28:5, 39:9.80:1, 80:7, 4lo maintained [e] - 75:11, 76:7, JOHNSON (9] - 29:23, 30:21, 80:12,80:17, 6:18, 53:9, 55:11, 76:10, 76:12, 9:18,64:8, 71:2, 44:1, 50:22, 81:4.81:8 local [4] - 16:2, 37:8, 43:4, 64:4 57:16, 69:19, 76:19, 76:22, Depo -Court Reporting Service (630) 983 -0030 97 77:4,77:16, 78:7, 42:24, 50:7, moves [1] - N nice [e] - 4:18, 4:6, 22:20 78:10,81:11, 60:17, 76:19 40:10 9:21, 22:13, obviously [51- 83:13, 84:17, million [2] - movie [1] - 29:21, 45:7, 50:9, 8:24, 28:12, 30:9, 84:23, 85:2, 85:9, 74:22, 76:9 17:22 N.A [t] - 34:23 56:2, 72:20 35:5, 42:14 85:12, 85:24, MILLIRON [4] - moving [1] - 9:6 name [7] - 3:18, night [1] - 38:13 occupation [11- 86:3, 86:12, 59:15, 61:4, 62:1, mow [5] - 29:3, 21:21, 48:5, nobody (1] - 23:1 86:24, 87:3, 87:6. 62:6 29:5, 70:3, 78:2, 54:24, 55:1, 64:7, 59:20 odd [1 ] - 51:16 McCue [231 - M[Iliron [1] - 78:8 82:14 non [21- 15:17, OF [4] - 1:6, 4:3, 4:5, 5:5, 6:1, 59:15 mowed [1] - named [1] - 64:1 1:12,88:1. 88:2 8:1,16:11, 23:21, M[Iliron's [1] - 64:23 19:15 non -union [2] - off -site [2] - 24:2, 25:14, 27:4, 62:8 mowing [4] - names [1] - 63:8 15:17, 64:1 38:17, 40:1 29:2, 29:23, MILSCHEWSKI 6:4,28:22,36:15, near [1] - 59:4 none [4] - 4:23, offers [21- 30:11, 31:16, [11- 2:16 51:5 nearly [1] - 24:3,24:8,44:16 60:12, 60:13 31:20, 32:4, mind [1] - 53:24 MR [69] - 2:3, 64:10 normal [51- officer [11- 32:10, 33:11, mini [1l - 40:19 2:7, 2:11, 2:14, necessarily [11- 17:9,17:10, 77:21 37:2, 58:13, minimal [1] - 2:20,3:17, 9:18, 51:7 17:13, 58:9, often [2) - 11:17, 66:20, 67:6, 64:23 30:20, 30:23, necessary [2] - 63:13 42:2 73:17 minutes [11- 31:3, 37:23, 52:15, 67:24 north [2] - 5:23, old [2] - 60:23, McCue's (1].- 71:15 41:15, 43:14, need [17] - 5:11, 55:5 61:7 29:17 misconception 43:16, 48:12, 7:18, 7:20, 17:3, North [1] - 82:15 OLSON [25] - mean [91- s [1] - 56:21 49:10, 49:15, 36:16,39:2,41:5, noses [11- 17:4 2:14, 30:20, i 26:14, 26:22, Miss [1] - 30:24 49:18,50:4, 59:3, 64:23, not - for - profit [1] 41:15,50:14, 28:17,44:21, miss [1] - 58:1 50:14,51:14, 74:18, 75:15, - 8:3 52:4, 52:18, 47:20, 49:13, missed [1] - 52:4, 52:5, 52:18, 76:1, 76:2, 77:21, notes [2] - 31:4, 53:14,53:19, 54:11, 68:6, 67:21 53:11, 53:14, 81:8, 81:11, 86:8 88 55:12,56:5,61:3, 68:22 misstated [11- 53:19, 53:24, needed [2] - nothing [31- 61:15,62:5, means [11- 24:3 77:11 54:16,55:1, 55:7, 12:5, 83:2 9:24,39:21, 76:17,76:21, meantime [1] - modification [11 55:12,55:24, needs 131 - 50:8, 63:14 77:2,77:11, 59:6 - 38:16 56:5,56:6,56:14, 66:13,71:20 notice [e] - 22:1, 77:17, 78:9, median [1] - modified [21- 56:18,59:15, neglected [1] - 44:5, 62:9, 62:10, 78:12,84:19, 50:19 31:8,85:18 61:3, 61:4, 61:15, 63:21 63:3, 67:21 86:10,86:18, meet [21- 19:5, modify [11- 62:9 62:1, 62:5, 62:6, negotiate [21- noticed [11- 87:2, 87:5 84:15 moment[1] - 62:8, 64:8, 70:24, 76:23, 77:6 5824 Olson (3) - MEETING [1] - 66:17 71:2, 76:5, 76:8, negotiated [11- notification 121 - 12:17,58:22, 1:5 money [201 - 76:11, 76:17, 75:13 10:23, 67:20 72:2 meeting [41- 12:7,14:13 77:2,77:11, neighborhood notifies Ill - once [21- 8:19, 1:12, 68:14, 15:12, 16:16, 77 78:9, [7] - 22:9, 24:19, 60:5 57:19 71:14, 87:11 18:22, 30:10, 78:12, 82:14, 36:1, 36:8, 40:8, notifying [1] - one [451- 5:16, meetings [1] - 30:11, 30:13, 83 41:6, 83:4 59.24 5:20,8:1, 11:22, 63:12 33:10, 37:3, 84:21, 85:1, 85:5, neighbors [41- number [4]- 15:3, 16:5, 19:14, members [2] - 59:22, 67:41 85 9:5,48:16,52:11, 31:7, 37:23, 19:18,21:24, 3:18,20:19 73:17, 74:2, 75:4, 86:10,86:18, 83:20 40:23, 45:18 22:7, 22:15, memo (2) - 75:19,75:21. 87:2, 87:5 net [1] - 68:24 numbers [1] - 25:13, 25:23, 27:16, 72:2 76:4,85:12.86:1 MS [51- 2:2, 2:6, never [8] - 8:4, 65:23 27:5, 36:4, 37:23, memorandum months [1] - 21:21, 31:2, 17:18,31:21, numerous [11- 41:15, 42:6,45:1, Ill - 12:16 83.3 41:20 38:13,52:10, 66.22 45:18,51:15, memories [11- monument [21- Multiple [1] - 53:5, 56:18 52:1, 52:21, 18:17 50:19, 57:9 40:24 new [9] - 12:2, O 52:22, 53:21, mention [5] - morning [11- multiple [11- 13:1, 13:10, 54:11, 56:2, 18:9, 26:13, 44:6 80:24 20:18,26:22, 56:21, 58:18, 38:12, 48:23, most [81- 14:1, MUNNS (1)- 2:4 39:11, 61:7.66:1, Oak [1] - 4:17 60:21, 61:10, 73:8 15:6,32:21 , must[71- 11:21, 77:4 objection Ill- 62:22, 63:21, mentioned [1] - 36:13, 41:11, 11:23, 12:21, newer [2) - 7:19, 84:8 65:11, 67:19, 50:5 52:1, 64:11, 13:10,14:11, 33:21 obligated [11- 68:19,69:16, mess [11- 19:8 76:17 19:23, 67:21 newspaper [2] - 23:6 72:6, 74:14, metal [11- 29:14 motive [1] - mystery [1] - 62:11, 63:3 obligation [51- 75:10, 75:12, microphone 11] 19:24 37:1 next [9] - 3:2, 34:16,58:6, 76:3, 76:22, - 41:18 move [31- 6:24, 15:23, 36:9, 44:6, 79:20,80:10, 80:22 might [7] - 15:22, 63:17 45:18,60:19, 81:3 One [21- 30:14, 27:14, 29:8, 33:4, moved [1] - 45:8 68:13,73:18 obligations [21- 77:17 Depo•Court Reporting Service (630) 983 -0030 98 ones [81- 8:16, 20:9, 26:24, 79:12, 80:2, 80:5, 14:3, 20:21, plan [9] - 5:9, 65:19, 87:10 20:10, 20:13, 27:12 80:9, 80:12, 39:14, 46:23, 5:10, 7:12, 16:9, portions [2] - 27:1, 27:11, 35:7, owner [121- 4:7, 80:19, 80:24 60:1, 60:5, 63:22, 27:18, 32:5, 32:8, 64:19, 64:21 35:9, 66:5 6:9, 9:2, 28:6, Parkway [i] - 64:4, 68:10, 70:3, 73:1 possibility [i] - onus [11- 74:4 28:10, 31:13, 3:14 70:6, 71:12, Planned [31- 76:20 open (21- 8:15, 34:22, 34:23, part [9] - 7:2, 71:21, 72:19, 3:8, 3:10, 4:21 post [7] - 6:22, 47:17 35:9, 78:1, 78:12, 7:21, 10:21, 34:7, 81:17, 83:5, 86:8 planned [31- 7:4, 7:9, 36:21, open -ended [1] 80:2 48:9, 49:15, people's [2] - 6:1, 15:14, 31:23 80:7, 80:17, 81:8 - 47:17 owners [1i] - 51:17, 55:23, 18:4, 21:2 planning [11- posting (1] - operating [i] - 22:21, 28:14, 65:16 per [2] - 58:17, 18:7 81:3 68 :22 28:15, 28:16, partial [3] - 72:7, 74:11 plant [1] - 34:13 postpone [i] - opportunities 28:17, 33:14, 78:15, 78:19 percent [i] - plant -type (i1- 68:13 [11- 46:18 63:7, 64:20, 78:4, participate [11- 74:1 34:13 potato [1] - 19:7 opportunity [2] - 84:5, 84:15 33:1 perhaps [2] - planted [1] - Potterville [1] - 44:18, 56:10 owns [1] - 76:15 participating [11 5:3, 48:10 74:7 17:24 option (i1- 66:5 - 33:6 period [8] - 7:23, plantings 13] - POWELL [t] - orderly [z] - 5:4, P particularly [i] - 33:7, 34:18, 7:20, 70:1, 70:4 2:15 36:24 15:7 34:20, 36:10, plat [81- 5:10, practice [i] - ordinance 171- parties (2] - 57:20, 58:5, 59:6 6:12, 24:1, 25:21, 3:20 p.m[i] -1:15 27:18, 29:7, 88:13, 88:14 permission [1] - 26:2, 78:19, pre (1 ] - 85:20 37:15, 52:22, package [21- pass (2) - 13:1, 35:13 78:23 pre - paying [i] - 53:4, 53:22, 6 p acket [8] - packet 53:22 permit [3] - Pledge [1] - 3:1 85:20 pt 58:22 passed [1] - 60:24, 80:16 PLOCHER [1] - precedence p] - ordinances [51- 11: 11:9, 12:16, 48 :16 permits [51- 2:3 17:17 7:10, 52:21, 53:1, 14:5, 71:15, ,11:9112-16, 1:15, passes p] - 39:15, 39:17, plumbers pi - precisely 11] - 53:16, 57:3 86:18, 86:19, 87:4 28:20 40:17, 40:22, 64:3 4:24 original [271- page [i1 -11:4 past [41- 13:4, 42:8 plus [11- 86:14 prefer [z1- 69:1, 8:17, 13:7, 14:11, 14:18, 45:18, petition poi - podium [1] - 69:12 22:17, 23:20, Pages [2] - 88:7 60:3 3:5, 4:20, 5:18, 9:17 preferably [ - 25:19, 26:3, 27:6, Pages [2] - 49:7, path (i] - 73:1 24:16, 27:11, point [121- 8:7, 41:18 68:9 . 31:4, 31:14, patting [11- 28:1, 28:7, 31:6, 9:20, 20:10, preliminary [l] - 31:15, 33:17, 31:22 56:9, 62:9 paid [4] - 30:4, 30:17, 42:16, 5:9 ' 34:7, 37:13, 30:9, 30:13, 54:5 pave (21- 74:13, petitioner [151- 55:13, 59:23, premier [� panicked [�1- P ] - 48:10, 49:3, 49:8, 18:14 81:16 3:5, 3:16, 3:21, 66:8, 71:11, 73:2, 16:4 56:23, 57:23, paved [i] - 9:4, 12:17, 13:17, 74:10, 76:8 prepare [i] - 61:23, 68:4, 73:9, paper [4] - 22:1, 74:19 13:19,13:21, 22:2 67:19 pointed [1] - 11:14 , , 73:11, 79:21, pay [151- 13:10, 37:23, 38:10, 49 :20 prepared [2] - 86:20, 88:17 27:21, 30:5, 67:21 60:2, 63:16, points [1] - 31:20, 44:19 originally 14] - Paperwork [11- 33:15, 37:8, 46:3, 78:17, 84:8, 84:9 68:11 prepay [1] - 62:3 4:2, 5:24, 18:12, 73:6 46:12, 52:6, petitioner's [z] - policies [2] - presentable [1] - 31:16 paragraph p[7] - 61:12, 61:13, 60:4, 78:16 14:10, 78:22 28:22 otherwise [2] - 22:19, 26:17, 61:16, 64:21, phases [l] - 5:8 policy (a1- presented [1] - 11:19, 23:1 65:5, 72:14, pick (i] - 48:18 48:22, 49:19, 13:17, 13:22, 18:12 49:23, 57:1, 57:5 ought 1�1- 32:18 83:11 picked [3] - 63:24, 72:7 president [a1- ourselves (11- parallel [t] - pay -as- you -go- 48:19, 48:21, pond [3] - 7:12, 38:21 83:6 72.21 type [i] - 72:14 62:21 9:12, 45:18 pressure pi - outcome [i] - parcels 131 - payable pi - piece [2] - 21:24, ponds [n] - 67:2 88:15 26:8, 26:21, 85:11 29:14 7:14, 7:16, 8:11, pretty [31- pieces [1 1- 45:8 outiot [t1- 42:4 27:10 paying [8] - P 27:14, 27:17, 29:15, 29:18, outside (51- 6:2; Park [151- 8:19, 12:13, 33:7, pile [i] - 29:14 34:1, 34:9, 45:3, 68:6 6:5, 58:11, 72:19, 30:15, 30:17, 33 :15, 45:16, place [11] - 45:15, 50:5, 57:9, price [3] - 35:22, 37:12, 37:16, 79:13 52:7, 59:19, 20:17, 20:21, 57:18, 58:6, 54:20, 64:24 overall pl - 5:9 73:7 73:9, 73:14, 64:19, 85:20 34:19, 36:12, 69:16, 69:19, primarily [z] - overview p] - 75 :9, 79.19, payment [1] - 38:4, 40:10, 66:1, 70:2, 83:1 4:20, 5:23 79:20, 79:22, p Princeton 12] - 11:4 37:10 70:8, 74:12, poor [�] - 18:17 79:24, 85:14 77:14, 88:10 own [�] - 6:10, payments [�1- portion [121 - 43:22, 54:5 parks (11- 85:14 10:14, 18:16, 44:24 placed [i] - 6:13, 6:19, 7:6, principals 121 - parkway (131- 24:14, 27:2, Pelosi [1] - 13:1 34:19 36:18, 50:24, 4:16, 40:13 64:20, 69:14 55:20, 56:2, 56:7, eo le zo - Plainfield [2] - 51:1, 51:9, 51:12, 74:2, 74:7, 78:24, P P [ ] problem [5] - owned [31- 12:8, 13:2, 13:24, 38:22, 39:5 • 65:11, 65:15, 39:10, 39:14, Depo•Court Reporting Service (630) 983 -0030 99 48:9, 54:17, 70:6 proud [1] - 43:21 68:23, 70:2, 70:8, reached [1] - refer [2] - 22:1, 88:4 procedure [1] - proves [1] - 74:6, 77:12, 14:2 44:17 represent [21 - 68:22 11:18 77:13, 81:4, read [1 1] -13:7, reference [2] - 3:21, 38:11 PROCEEDING provide [2) - 81:15, 81:23, 22:14, 26:10, 38:9, 49:19 representing [1] S [1] -1:12 30:15, 86:11 82:5, 86:13 44:15, 44:18, referenced [1] - - 78:15 proceedings [21 provided [1] - puts [11- 74:4 46:15, 48:17, 58:23 reproduced [1] - - 87:9, 88:5 53:10 putting [31- 64:11, 72:5, referencing [11- 88:20 Proceedings [1] provides [1] - 24:10,33:9, 73:12 49:3 reputable [21- - 88:7 34:17 43:17 reading [3] - referendums [1] 9:5, 36:3 process pi - public [28] - 3:3, 45:13, 48:1, - 40:19 request [2] - 5:12 3:4, 3:18, 7:3, Q 48:22 reflect [11- 12:2, 13:13 profiles 11] - 7:8,11:1, 11:2, ready 111- 6:23 20:20 requested (5] - 36:5 11:12, 11:21, real [91- 3:12, regard [3] - 10:8,11:3, 75:13, quality [8] - profit [s] - 8:3, 13:20, 22:7, 33:2, q 38:22; 39:10, 38:10, 83:17 78:17, 81:2 10:14,14:16, 33:3, 37:2, 50:12, 22:8, 24:19, 32:7, 43:20, 44:10, regarding [21- requesting [41- 18:16, 19:4, 19:6 50:19, 55:9, 57:3, 40:9, 42:23, 47:6, 54:16, 78:14, 79:19 3:7, 10:13,14:9, profiteering 111 - 58:23, 59:9, 46:19 62:14 regardless quarter [2] - [11- 72:6 19:12 71:12, 71:20, realize [11- 57:2 61:18 requests [2] - 74:22, 76:9 profits [1] - 79:1, 80:5, 80:22, really [11] - 42:8, reimbursed [11- 5:21, 8:9 18:24 83:23, 87:7, questioned [1] - 43:3, 45:10, 63:1, 74:1 required [121 - program [21- 87:10 42'2 66:2, 66:24, 67:2, reimbursing (1) 11:13, 23:20, 39:21, 72:14 publication [21- questions [n] - 68:3, 68:8, 69:3, - 80:3 24:24, 25:1, project 121 - 6:7, 62:12, 63:4 8:23, 22:5, 22:6, 70:8 related 121 - 28:21, 29:6, 51:9, 37:20, 36:15 PUD [9] - 5:19, 30:22, realtor[1) - 16:2 88:12, 88:13 57:15, 62:10, 8:17 8:22 9:8 41:11, 42:6, realtors [ 1 1 - relating 11- 63:5, 66:10, promise[1]- 59:17, 62:2, 62:7, g 17:11 31:15, 48:14, 40:23 23 :22 79:22 promised [4] - 56:23, 62:10, 63:9, 64:12, reason [51- relationship [1) requirement [2] 18:19, 22:10, 72:4 13:13, 46:3, 67:5, - 10:5 - 26:11, 50:23 82:13, 83:14, 85:3 requirements 23:16, 24:20 pulled [31- 75:17, 81:12 relatively [1] - q promoted [1] - 40:17, 40:22, reassured [ 1 1 - 84:4 [11- 15:5 40:22 58:13 42:8 0: r[11- 68:15 relied [1] - 47:8 requires [1] - proper [1] -16:9 pulling [1] - quickly [2] - receipt [t] - relief [2] - 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62:24 44:20, 45:13, review [1] - 52:13, 71:15, 88:4 slow [1] -14:20 46:2, 47:16, 48:1, 34:13 SALLE [1] - 88:2 71:22, 73:5,73:6, shorthand [2] - slowed [1] - 50:9, 52:14 rezone [1] - 20:6 satisfaction [1] - 7 74:16 88:5, 88:9 81:14 specifically [4] - saw rhetoric [1] - 9 [1] - show [2] - slower [2] - 23.:9, 42:1,45:10, saw [3] - 22:1, seeing 15:9 26:6, 65:12 65:22 49:11, 52:15 17:7,17:10 57:4 rid [3] - 37:24, scattered [1] - seem [1] - 42:5 side [4] - 10:12, smack [1] - 17:4 specifics [2] - 58:15, 58:18 sell [s] - 7:1, 45:20, 55:4, 55:5 small [z] - 8:11, 73:20, 82:17 Ridge [10] - 20:11 15:24,19:20, sidewalk [e] - 56:1 spell [2] - 53:23, 16:15,18:20, schedule [6] - 22 :15, 23:4, 45:16,45:21, smaller [4] - 55:2 38:11, 72:8, 12:18,19:22, 23:13, 36:22, 50:8, 74:5, 80:1, 5:24, 7:14,51:1, spelled [2] - 72:10, 72:14, 60:21, 60:24, 74:3, 80:14 80:4, 80:13, 82:6 58:10 54:18, 66:24 78:15, 78:18, 61:7,61:8 selling [3] - sidewalks [11] - smallest [1] - spelling [1] - 79:6, 81:12 scheduled [1] - 5:14, 35:22, 42:13, 55:9, 16:24 52:14 risk [1] - 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33:16, 88:8 37:16, 68:21 67:14 summer [3] - 32:17, 37:12, 11:12 truly [1] - 44:19 standards [7] - strange [1] - 44:22, 51:17, 63:10 took [5] - 10:18, Trust [1] - 13:4 23:11, 23:15, 20 51:21 testimony [t] - 26:20, 37:9, try [7] - 14:14, 27:20, 69:20, strapped [1] - Sunflower [5] - 89:1 38:22, 66:22 19:2, 39:21, 70:9, 81:20, 67:4 69:4, 83:8, 83:11, themselves [3] - top [1] - 54:2 41:12, 56:19, 81:22 street [3] - 84:22, 84:23 4:22, 27:21, 69:6 totally [1] - 6:3 66:22, 82:10 standing [2] - 18:15, 36:10, Sunset [1] - theory [1] - 33:5 touched [1] - trying [6] - 49:1, 30:2, 84:13 75:14 84:22 therefore [1] - 77:18 56:16, 64:14, stands [1] - Street[1] - 74:13 support [1] - 65:18 town (6] - 15:23, 67:7, 70:8, 72:18 26:15 streets [6] - 10:24 thereof [2] - 21:7, 42:1, 43:5, turn [6] - 5:7, star[1] - 16:5 45:20, 55:9, supposed [1] - 88:15, 88:18 43:7, 43:11 32:14, 37:17, start p] - 7:3, 75:19, 81:17, 24:12 they've [1] - 38:1 town's [1] - 16:3 46:21, 51:2, 9:10, 9:20, 36:7, 81:18, 82:2 Susan [1] - thick [1] - 68:6 townspeople [1] 80:11 42:8, 72:1, 84:13 strict [1] - 37:15 48:15 thinking [1] - - 18:8 turned [5] - 4:17, started [3] - strong [1] - 36:6 suspect [2] - 20:16 toy [1] - 64:14 52:1, 55:18, 6:20, 36:19, 42:9 structure [1] - 31:23, 48:19 third [2] - 22:18, track [2] - 72:18, 57:12, 57:19 starts [1] - 49:21 5:20 SUTCLIFF [U - 46:16 81:7 twice [2] - 42:10, STATE [1] - 88:1 structures [1] - 2:6 thirdly [1] - 6:11 traditional [1] - 54:4 State [3] - 8:3, 23 : 23 sweat [1] - 21:7 threat (1] - 17:2 6:7 twisted [1] - 8:7, 30:1 stuff [2] - 22:14, swoop [1] - 5:16 threaten [1] - traffic [2] - 29:14 state [6] - 3:20, 23:17 system [1] - 16:23 75:16, 82:7 two [21] - 4:13, 11:13, 48:4, sub [1] - 6:3 62:20 three [11] - 11:4, Trail [5] - 3:14, 8:10, 8:11, 8:15, 51:11, 54:23, subcontractor 29:1, 33:23, 45:19, 45:21, 19:17, 22:4, 64:6 [1] - 64:22 T 47:21, 47:22, 56:2, 76:18 32:20, 33:24, statement [4] - subdivision [28] 54:4, 57:7, 62:21, transactions [1] 45:4, 51:14, 43:13, 63:24, - 3:24, 4:15, 4:17, 63:6, 77:2, 77:13 - 47:9 52:21, 53:1, 57:9, 73:21 5:23, 6:13, 6:24, table [1] - 77:22 three -page [1] - transcript [2] - 60:14, 62:24, 26:18 states [2] - 7 :7, 14:10, 15:15, talks 7 :11 22:17, 11:4 88:9, 88:18 63:9, 71:15, 77:2, 25:20, 28:10 18:11, 21:23, , 74: throats [1] - transferred [t] - 77:13, 78:1, Depo•Court Reporting Service (630) 983 -0030 102 80:24 7:13, 7:18, 8:12, Vitosh [2] - 88:3, 6:18, 65:15, 84:3 33:14, 72:2 type [9] - 6:6, 9:17, 9:21, 11:16, 89:6 West [1 ] - 82:14 works [2] - 5:13, 7:20, 15:9, 33:14, 15:11, 15:14, VITOSH [1] - western [5] - 35:20 34:13, 41:7, 45:9, 17:1, 19:7, 20:13, 1:14 6:19,19:24,20:3, world [1] - 46:17 50:20, 72:14 20:20, 21:2, 22:3, vocal [1] - 10:9 36:18, 51:1 worried [2] - types [1] - 32:21 24:14, 27:20, vote [8] - 11:16, wetlands [1] - 32:1, 66:23 typically [2] - 28:23, 29:14, 28:9, 46:1, 53:12, 65:14 worth [1] - 47:22 78:22, 80:4 29:21, 35:16, 60:10, 68:1, whatsoever [21- writing[2]- 36:14, 37:17, 68:13,71:16 37:11, 37:18 23:2, 44:8 U 37:20,38:6,40:1, voted [2] - 31:8, whereof [1] - written [5] - 45:16, 48:18, 69:5 89:1 4:10, 46:11, 51:7, 48:19, 48:21, voting [1] - 44:8 White [1] - 4:17 64:9, 66:14 ugly [t] - 45:8 52:7, 52:15, whole [9] - 6:13, unbuilt(21- 59:12, 60:10, W 33:20, 34:5, y 35:20, 36:8 62:22, 66:7, 45:19,70:11, under [16] - 66:11, 66:21, 72:5, 82:8, 86:7, 7:10, 8:17, 11:8, 67:3, 68:11, 69:4, wait [1] - 74:4 86:14 yard [1] - 65:21 14:16,18:10, 69:19, 72:17, waited [1] - wife [1] - 48:15 year [12] - 13:8, 27:4, 27:6, 29:13, 74:23, 75:4, 75:6, 81:14 28:24, 30:8, 37:4, 51:9, 57:22, WILLIAM [1] - 75:7, 75:18, waive [1] - 61:8 2:15 34:17, 34:20, 60:23, 61:17, 81:19, 82:8, waiving [3] - willing [6] - 39:5, 44:24, 58:5, 62:10, 88:19, 86:13 26:11, 50:23, 15:24, 43:5, 60:21, 65:7, 77:1 88:21 upfront [2] - 61:13 83:19, 84:1, 84:4, years [17] - Underground 61:16, 62:4 WALLY [1] - 2:7 84:7 10:10, 12:4, [1] - 32:11 upgrade [1] - wants [4] - wilting [1] - 14:18, 16:3, 17:9, underground [1] 32:6 16:23, 35:6, 45:7, 56:19 42:21, 43:22, - 37:7 upgraded [3] - 57:18 Wind - 43:24, 47:22, underneath [1] - 82:16,82:17, watch [2] - 16:15,18:20, 18:2020, , 52:24, 77:2, i 79:10 82:21 40:24,44:4 38:11, 72:8, 77:13, 77:15, understood [3] - utilities [1] - water [s] - 6:15, 72:10,72:14, 77:16, 83:3 50:21, 61:11, 79 :9 6:17,33:16,37:7. 78:15,78:18, yellow [1 ] - 69:24 61:21, 62:16, 79:6, 81:12 20:12 unfair[1] - 18:9 V 69:22, 78:24, wisdom [1] - YORKVILLE [1] unfeasible [2) - 79:13 11:15 -1:6 15:8,15:13 website [11] - wish [1] - 70:22 Yorkville [19] - unfortunately vacant [4] - 11:5, 12:16, 14:4, 1:16, 2:22,3:6, 36:14, 46:11, wonder [3] - [3] - 4:4, 4:23, 19:15, 22:2, 15:14,45:15, 4:14, 9:19,12:5. 67:3, 82:4 37:5 22:12, 30:2, 60:9 15:19,19:20, union [4] - VALERIE [1] - 71:21, 86:14, Wonderful [1] - 40:15, 41:21, 15:17,63:22, 2:2 86:19, 86:23 17:22 42:8, 42:18, 64:1, 64:2 value [2] - 33:9, Weed [3] - 66:19, 43:21, 46:22, 68:9 wonderful [a] - Unit [3] - 3:8, 70:7, 77:17 19:14, 39:6, 52:8, 55:4, 55:5, 3:10, 4:21 versus [a] - weeds [3] - 39:11, 43:3 59:16, 71:6 unit [6] - 6:24, 25:13, 50:13, 28 :24, 66:21, yourselves [1] - 61:7, 76:6 wondering [3] - 7:2, 22:24, 61:23, 77:20 Veterans [1] - 10:7, 67:17, 68:1 78:5 78:20, 78:21 week [a] - 5:7, wood [2] - ' UNITED [1] - 1:6 3:13 11:2, 11:5, 12:3 29:12, 45:8 Z United [2] - 2:21, via [t] - 14:4 weeks [3] - wooded [3] - 3:6 VIA [1] - 2:10 60:14,60:15, 72;23, 73:4 zonin [3] - units [2] - 5:9, viable [1] -14:10 63:9 g woods [1] -16:7 18:7, 20:18, 78:23 viewed [1] - well- Woods [11] - 77:21 unless [3] - 32:13 capitalized [1) - 23:1, 60:15, views [1 ] - 83:21 63:19 10:16, 11:11, 76:14 village [1] - well -known [1] - 13:24, 16:4, 16:6, 21:23, 25:16, unsold [1] - 38:21 14:12 74:21 vine [1] - 39:12 WERDERICH [1] 26:9, 26:21, 27:2, violation [1] - - 2:7 72'4 untrue [t] - 64:2 word [2] - 44:13, unusual [1] - 77:24 WEST [1] - 47:8 63:14 virtually [1] - 82:14 words [5] - 12:9, Up [52] - 5:23, 39:19 west [4] - 6:14, 15:2,26:21, Depo -Court Reporting Service (630) 983 -0030 GI Memorandum M. 1836 To: City Council From: Susan Mika, Finance Director CC: Mayor Burd; Bart Olson, City Administrator 706 Date: May 10, 2010 Subject: Bill List Questions 05-11-10 City Council Agenda ----------------------------------------------------------------------------------------- ------------------------------------------------------------- - - - - -- ------ — -------- The following are questions from the May 11, 2010 bill list: FY 09/10 1. Page 10: Verne Henne Constr. Invoice No. 28425. Is there a $500.00 insurance deductible expense associated with this repair? Response: There was not a deductible for this accident. The motorist that hit the pole was at fault and the claim was submitted for a 100% reimbursement by their insurance company. Reimbursement for this claim has already been received. 2. Page 14: Metro West COG Invoice No. 393. March Board Meeting at Blackstone for two people and Board Meeting at Francesas for I person. Who attended? Also, what is the total FY 09/10 budget approved funds allocated for this line item? What is the total FY 10/11 budget approved funds allocated for this line item? Response: Mayor Burd & City Administrator Olson attended the meeting at Blackstone and City Administrator Olson attended the meeting atFrancesca's. For the FY 09/10 budget $5,800.00 was allocated and for the FY 10 /11 budget, $1,000.00 was allocated. 3. Page 14: Metro West COG Invoice No. 417. Drive down Full Registration for 3 people. Who attended? Also, what is the total FY 09/10 approved funds allocated for this line item? What is the total FY 10/11 budget approved funds allocated for this line item? Response: The Mayor, Alderwoman Sutcliff & Alderwoman Teeling attended. For the FY 09/10 budget $5,800.00 was allocated and for the FY 10/11 budget $1,000.00 was allocated. 4. Page 21: Target Bank Invoice No. 041810. 04/18/10 Admin — Coffee $24.00 — Operating Supplies. PLEASE EXPLAIN (appears to be hosting a coffee at Target Bank??) Is this a monthly purchase? Does staff have a collection box where employees contribute towards coffee, as they do soda, water, etc.... in the break room refrigerator? Also, what is the total FY 09/10 budget approved funds allocated foe this line item? What is the total FY 10/11 budget approved funds allocated for this line item? Response: The coffee was purchased at the Target store on the Target Credit Card. As has been stated in the past, the purchase of coffee is on an as need basis. There is currently not a "collection box" for contributions for coffee. It is consumed by more than city staff and with more meetings and workshops being held, the consumption of coffee has increased. The total money allocated in the FY 09/10 budget for this line is $7,000.00 and the same amount remains for the FY 10 /11 budget. 5. Page 22: Visa — City, Invoice No. 042610. 04/26/10 Comm/Relations — Custom — Thinkstock Subscription $799.99. PLEASE PROVIDE DETAILS. What is the subscription and what benefit does it provide to the city? Also, what is the budget approved funds allocated for this line item? What is the total FY 10 /11 budget approved funds for this line item? Response: The subscription to Thinkstock is a Graphic Design/photo image subscription. The website contains clip art images that are used exclusively to design documents promoting city events, the city website etc... The amount allocated in the FY 09/10 budget was $4,000.00 and the amount allocated for the FY 10 /11 budget is $1,750.00. 6. Page 23: Visa — City, Invoice No. 012610. Administration — Get Well Flowers $53.50. PLEASE PROVIDE DETAILS. Also, what is the total budget approved funds allocated for this line item? What is the total FY 10 /11 budget approved funds allocated for this line item? Response: The arrangement was sent on behalf of the Mayor and the City to Elizabeth Ochoa. The amount allocated in the FY 09/10 budget was $150.00 and the same amount for the FY 10/11 budget. FY 10 /11 7. Page 28 — Local Gov. News 2010 Annual Membership for $600 — Please provide detail what Local Gov News. Org is and it's necessity to the City. Response: This annual fee is for membership to Localgovnews.org's daily newsletter. This service provides a daily email with links to government and related articles and stories from across the state and nation. The department heads read this everyday to see what other cities are doing and discussing to make sure we are current on issues and trends in governing. When a department head says, in a meeting, "I've seen other cities do this" or "most cities are doing this" it is likely that information came from the articles and stories provided in this daily email. I (Bart) expect the staff to remain current on local government issues, and this is one of the most efficient ways to stay informed. 8. Pgs. 1 and 2: Ron Clark Property: $41,666.67: $41,666.66: $41,666.67. What is the City's remaining payment for this property? Response: The final installment ( # 5) is due on or before June 1, 2011. It is stated in the agreement that this payment is to be for $125,000.00 plus or minus prorations, if possession has been conveyed to the Purchaser or upon delivery of possession. / /� /. \ \ \.���� � a te_ ���_ ►��_ a te_ a��_ ate_ _��a�a � \� oI /I // 1 1 1 1 1 P 1 1 1 1 1 1 1 1 1 1 1 +► 1 1 1 1 1 ° ® ®\` I I.I . . ..� 1 �'....�+ —N, - ♦ �'�.�.�� 1 ��.�.1� 1 �� \ \!\\ i1 / /� p�q�+ �+ �� ��ei� 1p �ii� ••+ ��� � �� � �ii � �� +1 ����� 1 • � + i�i� • � + i ' �i ' � • � + tom •�%� %I %i - � . ��= ►!Y�r�/ : :.�1!Y�1�.••.�11Y. ?�:_:'- ---- -- :_. �1lY. �l/..••. �Z�Y �1�.••'. aZIY!1�: ::'��Z!Y�r��••��' ►Y�tl. ••- ��'►Y._ I �:• ���!Y �1_l.�•.:�1Z�Y�1'�i..- ►�m�o UNITED CITY OF YORKVILLE "► O �1 ►ii >�'' ®'II I ► � r -.,,� Whereas, the American Legion Post #489 and American Legion Auxiliary Unit . ®- �► l gor :.� l'1 ► /r�,� #489 have for many years engaged in the services to disabled veterans and their 1 families and have taken an active part in charitable work within the communit • and ;all ► ll'j'1 ►r••Sj Whereas, the American Legion and American Legion Auxiliary hold annual \\ ®�i °111 11111•.- ; ��/ /111 1 1 ► 1��; f Poppy Awareness Days when poppies made by disabled veterans in Illinois hospitals . ®.•® , 1 n•� -••� are dispensed publicly for the purpose of raising funds with which to carry on their ► ® ° °.►''' ,... Illi /;tea beneficial work; and ►'� Whereas the one br color of these war torn areas was the b little d e rave tte re � ;��iai I l l l l lh��,� poppy growing and blooming on the edges of the trenches, in the ragged shell holes, on o +�//1► 1 1 ►h�:� the graves of those men buried in Flanders Field with remembrances of the cheery -, ®'ilr �,��� bright red flowers returned to America with our boys, the poppy becoming the symbol IIIIIII /j�H of the dead, their memorial flower, and the sign that the high ideals for which these ��/� 111 �e ®111 brave young men gave their lives, still lives; and am ®�►1 llll►11111� Whereas, a double significance was attached when disabled veterans quickly �IIQIIII SIN ► /►�;�� ►a,r learned to assemble poppies while growing well again, with the American Legion and Auxiliary being united in their efforts to help the hospitalized veterans within our state W�vv�avo� Y g P p� 11 111 1 1 1 : i who make these bright red poppies for distribution, fulfilling a desperate need, with ®al�ltll�' h�i:� I ; money taken in over expenses being returned to the veterans and their families through � ® ® ►, ��� F! ► ►r��� the service programs; and IHL� �►.� -., a Whereas, to Flanders Field we add Pearl Harbor Korea Viet Nam Grenada ll I'li Panama, and Operation Desert Shield; and 11►llj /t � �;;►_• Whereas the days of May 27 28 and 29 2010 have been selected as 1, ; ��`� � Y Y � "Poppy 1111�:.a Awareness Days" in the United City of Yorkville to honor our war dead by wearing a 111111,1,•x, p 111 'Ir� Therefore I Valerie Burd Mayor of the United City of Yorkville do hereby 111 / �, �/ 11, proclaim "Poppy Awareness Days" in the United City of Yorkville and request all ''Alll ��� �'• Sty ►) 1 citizens to observe these days by wearing a Poppy and making contributions for this ,�. ,� r . -j oil I worthy cause. '•�''— / ►ll 1 ►i;; Dated this �` day of At 4 2010 A.D. llll - -� Y � � �.41�► Valerie Burd, Mayor ►!:�• /�1'll �ti�� / 1111 IL 1 IL ............. � JTt l Iti ` IIL IIL lIL lTti l l % IN May 11, 2010 To: Police Pension Board City Council Subject:Police Pension Activity for Fiscal Year May 1, 2008 to April 30, 2009 (As required by Illinois State Statue 40 ILCS 5/3 -141) Fiscal 2007 -08 Fiscal 2008 -09 Fiscal 2009 -10 Fiscal 2010 -11 Actual (4/30) Actual (4 /30), Estimated Actual (4/30) Estimated Balance as of May 1: 2,156,872.18 2,612,538.50 N/A 2740233.35 N/A Contributions: Employees: 182,597.35 196,258.23 210,000 201,873.51 200,000.00 I RF Transfers 0 0 0 0 0 Tax Levy: 275,144.21 297,327.74 325,000 311,203,26 325,000.00 Investment Income: 152262.27 - 227377.67 N/A Total Contributions: 457741.56 493585.97 535000.00 513076.77 525000.00 i ExpensesPaid: Contribution Refunds 22662.66 6176.56 0.00 0.00 33674.27 Supplies: 13.75 19.40 100.00 0.00 100.00 Legal Fees: 3000.00 2400.00 2600.00 2600.00 2600.00 Accounting /Minutes 1692.50 1475.00 1600.00 1412.50 1000.00 Audit Fees: 3000.00 0.00 2150.00 4030.00 3500.00 IDOI Filing Fees: 1000.00 1475.00 1350.00 1300.00 1600.00 Actuarial Fees: 1300.00 1300.00 1500.00 1500.00 1500.00 Investment Fees: 11352.00 12375.00 15000.00 17104.00 19000.00 Pension Seminars 0.00 0.00 1000.00 100.00 2000.00 IDOI Compliance Fee 316.60 431.37 500.00 526.31 600.00 Retirement Pavments 110000.00 112861.12 113880.60 112579.92 275000.00 Total Expenses 154337.51 138513.45 139680.60 Fiscal Year End Balance: 2612538.50 2740233.35 3645473.42 I Submitted by: /,),a- /LW William Powell: Treasurer President Secretary file: Annual T Rpt 43009.xls REQUIRED REPORTING TO MUNICIPALITY BY PENSION BOARD As of 4/30/2010 fiscal year end (40 ILLS 5/3143) (from Ch. 108 1/2, par. 3143) Sec. 3143. Report by pension board. The pension board shall report annually to the city council or board of trustees of the municipality on the condition of the pension fund at the end of its most recently completed fiscal year. The report shall be made prior to the council or board meeting held for the levying of taxes for the year for which the report is made. 1. Total Assets (cost): $2,759,119 Total Assets (market value): $2,759,119 2. Estimated receipts during the next succeeding fiscal year from: Participant Contributions deducted from payroll $203,070 All other sources $297,328 3. Estimated amount required during the next succeeding fiscal year to: (a) pay all pensions and other obligations provided in this Article $250,716 (b) meet the annual reauirements of the fund as provided in Sections 3 -125 and 3 -127; Funding Requirement $481,207 4. Total Net Income received from investment of net assets: ($225,010) Assumed Investment Return: 7.50% Actual Investment Return: -8.01% Total Net Income received fi•om investment of net assets (fye 4/30/2007): $181,427 Assumed Investment Return (fye 4/30/2007): 7.50% Actual Investment Return (fye 4/30/2007): 7.88% 5. Total number of Active Employees that are financially contributing to the fund: 30 �I 6. Disbursements to: (i) Annuitants in receipt of a regular retirement pension Total number of annuitants: 2 Total amount that was disbursed in benefits: 113,881 (ii) Recipients being paid a disability pension Total number of annuitants 0 Total amount that was disbursed in benefits 0 (iii) Survivors and children in receipt of benefits Total number of annuitants: 0 Total amount that was disbursed in benefits: 0 7. Funded ratio of the fund 33.4% 8. Unfunded Liability $5,512,957 9. Investment Policy of the pension board under the statutory investment restrictions imposed on the fund. See attachment. Certification I, Todd Overmyer, President of the Police Pension Board, United City of Yorkville, Kendall County, Illinois, do hereby certify that this document is a true and correct copy of: "Required Reporting to Municipality By Pension Board" as outlined in 40 ILCS 5/3143. Witness my hand this 10th day of May 2010. Todd Overmyer President of United City of Yorkville Police Pension Board MEMO Date: November 12, 2008 To: Mayor Burd and the Yorkville City Council From: William Powell, Treasurer cc: Police Pension Board Susan Mika, Finance Director Subject: Required Reporting to Municipality By Pension Board I have completed the attached "Required Report" which includes Larry Debord's certification. Below are two remaining clauses of this statute that are directed to the municipality. My comments are included for your consideration. 40 ILCS 5/3143 (a) Report by pension board Before the pension board makes its report, the municipality shall have the assets of the fund and their current market value verified by an independent certified public accountant of its choice. Wolf & Company provides the auditing services to both the City and Pension Board; therefore, it is not necessary to seek additional verification by another independent certified public accountant. 40 ILCS 5/3143 (b) I Publication: The municipality is authorized to publish the report submitted under 40 ILCS 5/3- 143. This publication may be made, without limitation, by publication in a local newspaper of general circulation in the municipality or by publication on the municipality's internet website. If the municipality publishes the report, then that publication must include all of the information submitted by the pension board under 40 ILCS 5/3143 (a)1 -9. The City reserves the right to publish; however, this is an unnecessary cost and I recommend no report publication at this time. I', United City of Yorkville Police Pension Fund Budget: Fiscal 2008 -09 Acutals / Fiscal 09 -10 Budget Fiscal 06 -07 Fiscal 07 -08 1 Fiscal 08 -09 Fiscal 09 -10 Fiscal 10 -11 Budget Item as of 04/30/08 as of 4/30/09 as of 4/30/10 Revenue Budget Actual Budqet Actual Budget Actual Budget Actual Budget Beginning Balance NIA 1574459.32 N/A 2,138,331.19 N/A 2,612,538.50 N/A 2,740,233.35 N/A Ending Balance N/A 2,138,331.19 N/A 2,612,538.50 N/A 2,740,233.35 N/A 3,645,473.42 N/A Tax Levy 250000.001 248987.74 275000.00 275144.21 300000.00 297327.74 325000.00 311203.26 325000.00 Member Contributions 150000.00 154442.45 200000.00 182597.35 190000.00 196258.23 210000.00 201873.51 200000.00 IMRF 2006 Member Transfers 0.00 46172.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Expenditures Supplies 100.00 0.00 100.00 13.75 100.00 19.40 100.00 0.00 100.00 Attorney Fees 2000.00 1200.00 3600.00 3000.00 2400.00 2400.00 2600.00 2600.00 2600.00 Accounting Fees I Minutes 2500.00 860.00 1200.00 1692.50 1800.00 1475.00 1600.00 1412.50 1000.00 Audit Fees 1000.00 0.00 2000.00 3000.00 2200.00 0.00 2150.00 4030.00 3500.00 IDOI Filling Fees 2500.00 0.00 1200.00 1000.00 2000.00 1475.00 1350.00 1300.00 1600.00 Actuarial Fees 1500.00 0.00 1500.00 1300.00 1500.00 1300.00 1500.00 1500.00 1500.00 Investment Fees MVT 5000.00 8266.00 10000.00 11352.00 15000.00 12375.00 15000.00 17104.00 19000.00 Pension Seminars 0.00 0.00 0.00 0.00 1000.00 0.00 1000.00 100.00 2000.00 Contribution Refunds 0.00 0.00 0.00 22662.66 3688.57 6176.56 0.00 0.00 33674.27 Retirement Benefits 0.00 0.00 120000.00 110000.00 112128.00 112861.12 113880.60 112579.92 275000.00 Disability Benefits 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Spousal Benefits 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dependant Benefits 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 IDOI Annual Compliance Fee 150.00 225.95 250.00 316.60 400.00 431.37 500.00 526.31 600.00 Total Expenditures 14750.00 10551.95 139850.00 154337.51 142216.57 138513.45 139680.60 141152.73 340574.27 prepared by: William Powell 05/10/10 Approved by the Board on police /budgetf08 -09.x1s Co. 0 Memorandum To: City Council EST --1836 From: Susan Mika, Finance Director CC: Mayor Burd; Bart Olson, City Administrator Date: May 10, 2010 Subject: Bill List Questions 05 -11 -10 City Council Agenda E — - -------------------------------- The following are questions from the May 11, 2010 bill list: FY 09/10 1. Page 10: Verne Henne Constr. Invoice No. 28425. Is there a $500.00 insurance deductible expense associated with this repair? Response: There was not a deductible for this accident. The motorist that hit the pole was at fault and the claim was submitted for a 100% reimbursement by their insurance company. Reimbursement for this claim has already been received. 2. Page 14: Metro West COG Invoice No. 393. March Board Meeting at Blackstone for two people and Board Meeting at Francesas for I person. Who attended? Also, what is the total FY 09/10 budget approved funds allocated for this line item? What is the total FY 10/11 budget approved funds allocated for this line item? Response: Mayor Burd & City Administrator Olson attended the meeting at Blackstone and City Administrator Olson attended the meeting at Francesca's. For the FY 09/10 budget $5,800.00 was allocated and for the FY 10 /11 budget, $1,000.00 was allocated. 3. Page 14: Metro West COG Invoice No. 417. Drive down Full Registration for 3 people. Who attended? Also, what is the total FY 09/10 approved funds allocated for this line item? What is the total FY 10/11 budget approved funds allocated for this line item? Response: The Mayor, Alderwoman Sutcliff & Alderwoman Teeling attended. For the FY 09/10 budget $5,800.00 was allocated and for the FY 10/11 budget $1,000.00 was allocated. 4. Page 21: Target Bank Invoice No. 041810. 04/18/10 Admin – Coffee $24.00 – Operating Supplies. PLEASE EXPLAIN (appears to be hosting a coffee at Target Bank??) Is this a monthly purchase? Does staff have a collection box where employees contribute towards coffee, as they do soda, water, etc.... in the break room refrigerator? Also, what is the total FY 09/10 budget approved funds allocated foe this line item? What is the total FY 10/11 budget approved funds allocated for this line item? Response: The coffee was purchased at the Target store on the Target Credit Card. As has been stated in the past, the purchase of coffee is on an as need basis. There is currently not a "collection box" for contributions for coffee. It is consumed by more than city staff and with more meetings and workshops being held, the consumption of coffee has increased. The total money allocated in the FY 09/10 budget for this line is $7,000.00 and the same amount remains for the FY 10 /11 budget. 5. Page 22: Visa — City, Invoice No. 042610. 04/26/10 Comm/Relations — Custom — Thinkstock Subscription $799.99. PLEASE PROVIDE DETAILS. What is the subscription and what benefit does it provide to the city? Also, what is the budget approved funds allocated for this line item? What is the total FY 10/11 budget approved funds for this line item? Response: The subscription to Thinkstock is a Graphic Design/photo image subscription. The website contains clip art images that are used exclusively to design documents promoting city events, the city website etc... The amount allocated in the FY 09/10 budget was $4,000.00 and the amount allocated for the FY 10/11 budget is $1,750.00. 6. Page 23: Visa — City, Invoice No. 012610. Administration — Get Well Flowers $53.50. PLEASE PROVIDE DETAILS. Also, what is the total budget approved funds allocated for this line item? What is the total FY 10 /11 budget approved funds allocated for this line item? Response: The arrangement was sent on behalf of the Mayor and the City to Elizabeth Ochoa. The amount allocated in the FY 09/10 budget was $150.00 and the same amount for the FY 10 /11 budget. FY 10 /11 7. Page 28 — Local Gov. News 2010 Annual Membership for $600 — Please provide detail I. l what Local Gov News. Org is and it's necessity to the City. Response: This annual fee is for membership to Localgovnews.org's daily newsletter. This service provides a daily email with links to government and related articles and stories from across the state and nation. The department heads read this everyday to see what other cities are doing and discussing to make sure we are current on issues and trends in governing. When a department head says, in a meeting, "I've seen other cities do this" or "most cities are doing this" it is likely that information came from the articles and stories provided in this daily email. I (Bart) expect the staff to remain current on local government issues, and this is one of the most efficient ways to stay informed. 8. Pgs. 1 and 2: Ron Clark Property: $41,666.67: $41,666.66: $41,666.67. What is the City's remaining payment for this property? Response: The final installment ( #5) is due on or before June 1, 2011. It is stated in the agreement that this payment is to be for $125,000.00 plus or minus prorations, if possession has been conveyed to the Purchaser or upon delivery of possession. III