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City Council Minutes 2008 03-25-08 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, MARCH 25, 2008. Mayor Burd called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Absent Ward II Golinski Present (via telephone) Plocher Present Ward III Munns Present Sutcliff Absent Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot, Deputy Clerk Pickering, Superintendent of Recreation Swithin and Public Relations Officer Spies. QUORUM 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 None. COMMITTEE MEETING DATES Public Works Committee 6:00 P.M., Tuesday, April 15, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., Thursday, April 3, 2008 City Hall Council Chambers Administration Committee 7:00 P.M., Thursday, April 10, 2008 City Hall Council Chambers Public Safety Committee 6:00 P.M., Thursday, March 27, 2008 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS Raycorp Raycorp, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting an amendment to the annexation and planned unit development agreement and rezoning from the United City of Yorkville R -2 Duplex Two - Family District to the United City of Yorkville PUD to allow for uses allowable within the B -3 Service Business Zoning Classification. The real property consists of approximately 23.95 acres, located at 10312 Rt. 71, Yorkville, Illinois 60560. Haffner Trust #1 Hattner Trust #1, an Illinois Corporation, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an annexation agreement. The real property consists of approximately 80 acres located on Route 47 in Yorkville Illinois. PP Y > The Minutes of the Regular Meeting of the Citv Council — March 25, 2008 — uage 2 Jake Land Group, LLC Jake Land Group, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an annexation agreement. The real property consists of approximately 52.44 acres, located at 8614 Route 71, Yorkville, Illinois. Please see attached Report of Proceedings by Teresa S. Grandchamp, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. CITIZEN COMMENTS None. CONSENT AGENDA 1. Resolution 2008 -09 - Approving a Legal Fees for Annexation Policy - authorize Mayor and City Clerk to execute (EDC 2008 -08) 2. Monthly Treasurer's Report for January 2008 (ADM 2008 -16) 3. Kendall County Waiver of Building Permit Fees Request - approve reduction in fees as presented (ADM 2008 -20) 4. Benefits Renewal for 2008 -2009 — approve contracts with Blue Cross Blue Shield Medical, Blue Cross Blue Shield Dental and MetLife Life Insurance, as presented, and authorize Human Resources Manager to execute (ADM 2008 -21) 5. Resolution 2008 -10 - Approving Increase in Hourly Rates and Expenses for Engineering Enterprises, Inc. — authorize Mayor and City Clerk to execute (PW 2008 -40) 6. Water Department Report for January 2008 (PW 2008 -42) 7. Water Department Report for February 2008 (PW 2008 -43) 8. Resolution 2008 -11- FY 2008 -2009 General Maintenance NET Appropriation Resolution - authorize City Clerk to execute (PW 2008 -44) 9. PW 2008 -45 Palmer Court Roadway Improvements — Bid Results - award contract to Aurora Blacktop, Inc. in an amount not to exceed $67,905.00 10. Rt. 34 /Sycamore Temporary Traffic Signal — Change Order 41 - authorize increase in an amount not to exceed $1,200.00 and authorize Mayor to execute (PW 2008 -46) 11. In -Town Road Program (Phase 2 Utilities) — Change Order #5 - authorize decrease in the amount of $7, 641.15 and authorize City Administrator and City Clerk to execute (PW 2008 -47) 12. Raintree Village Unit 5 — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by May 2, 2008 (PW 2008 -49) 13. Raintree Village Unit 6 — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by May 2, 2008 (PW 2008 -50) 14. Grande Reserve Unit 12 — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by May 2, 2008 (PW 2008 -51) 15. Grande Reserve Unit 12 — Site Occupancy Letter of Credit Release - authorize release of LaSalle Bank Letter of Credit #S594295 in the amount of $21, 000 (PW 2008 -52) 16 Grande Reserve Unit 13 — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by May 2, 2008 (PW 2008 -53) 17. Saravanos Properties — Sitework Letter of Credit Reduction 41 - authorize reduction in an amount not to exceed $297,290.87, subject to verification that the developer has no outstanding debt owed to city (PW 2008 -54) 18. Saravanos Properties — Earthwork Letter of Credit Reduction 43 - authorize reduction in an amount not to exceed $19,554.78, subject to verification that the developer has no outstanding debt owed to city (PW 2008 -55) 19. Raging Waves — Letter of Credit Reduction #2 - authorize reduction in an amount not to exceed $794,822.96, subject to verification that the developer has no outstanding debt owed to city (PW 2008 -56) 20. Bristol Bay Phase 1 (Units 1 -8) — Earthwork Bond Reduction #2 - authorize reduction in an amount not to exceed $141,420.53, subject to verification that the developer has no outstanding debt owed to city (PW 2008 -57) 21. Bristol Bay Unit 4 — Final Acceptance and Bond Reductions - "accept public improvements for ownership and maintenance with the understanding that the remaining punchlist items will be completed during the one year warranty period and approve an earthwork bond reduction in an amount not to exceed $8,765.46, a sitework bond reduction in an amount not to exceed S146,805.85, and a landscaping bond reduction in an amount not to exceed $58,696 10, all subject to verification that the developer has no outstanding debt owed to city (PW 2008 -58) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Besco; seconded by Alderman Spears. The Minutes of the Regular Meeting of the Citv Council — March 25, 2008 — page 3 Motion approved by a roll call vote. Ayes -6 Nays -0 Leslie -aye, Munns -aye. Plocher -aye, Spears -aye, Besco -aye, Golinski -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Director Miller reported that the next Plan Commission meeting was scheduled for April 9, 2008. On March 20, 2008 the Kendall County Planning Consortium met to discuss trails. Their next meeting will be May 15, 2008 at 7:00 p.m. at the Library. No topic has been announced yet. MINUTES FOR APPROVAL A motion was made by Alderman Mums to approve the minutes of the City Council meeting of February 26, 2008; seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated March 20, 2008 totaling the following amounts: checks in the amount of $530,945.15 (vendors); $248,328.78 (payroll period ending 3/15/08); for a total of $779,279.93; seconded by Alderman Besco. Alderman Spears questioned an item on page 1 for Action Graphix, Ltd. in the amount of 134.92. Director Miller indicated that the bill was for signs that were made for the public open house on March 5, 2008. Motion approved by a roll call vote. Ayes -6 Nays -0 Mums -aye, Plocher -aye, Spears -aye, Besco -aye, Golinski -aye, Alderman Leslie REPORTS MAYOR'S REPORT Painting Council Chamber Mayor Burd reported that 7alapefio Paint Works has volunteered to paint the City Council Chambers for free. They will be using environmentally safe paint and Mayor Burd had two paint schemes from which to choose. She asked the Council to look at the paint samples and let her know which colors they preferred. Fiscal Year 2008 -2009 Budget Update (ADM 2008 -11) Burd commented that it was been reported that the city has $1.1 million deficit_ Because of this, she asked the staff to review their budgets and make any cuts possible. Chief Martin did this and identified enough cuts to cover $547,000.00 of the deficit. Chief Martin explained that the department will hire three replacement officers however he can hold off with the hiring of the four additional new officers that were in the budget. He also made cuts in the Police Department's operations budget. He assured the Council that these cuts will not adversely affect the city and he was confident that the current high level of service will be maintained. Director Mika added that the Chief s proposal closes the gap and helps to balance the budget. If things change and the city finds itself it in better financial circumstances, she will meet with Chief Martin and replenish his budget. Mayor Burd thanked the Chief for his commitment to the city and noted that the Police Department and Parks Department have a large portion of the budget. Other departments cannot make cuts because it would affect their operations. Other budget cuts such as the parkway tree program and out of state travel were discussed. Mayor Burd indicated that she still wants the department heads to review their budgets and make whatever cuts are possible so a balance budget can be presented to the City Council. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. The Minutes of the Regular Meeting of the Citv Council — March 25, 2008 — page 4 CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Mogle reported that he contacted the grant writer and asked her to investigate grants available for e -waste however he has not received a response. CHIEF OF POLICE'S REPORT Chief Martin reported that on April 2, 2008 the Police Department will be asking the Fire and Police Commission to hire one individual. He also commented on the vehicle policy regarding idling vehicles and stated that the Police Department has already been complying with this policy due to the high cost of gas. Administrator McLaughlin added that he learned that the Police Department was very vigilant with this policy even though squad car equipment necessitates that the vehicle remain runnin DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that the city has previously applied for funds for bike trails from a transportation program however it has been unsuccessful in obtaining them. The program has opened again so the Parks Department is applying for funds to be used on the ComEd easement path. Authorizing the Acquisition of 202 E. Countryside Parkway (CC 2008 -20) A motion was made by Alderman Leslie to approve an ordinance authorizing the acquisition of 202 E. Countryside Parkway, as presented, and authorize Mayor and City Clerk to execute; seconded by Alderman Plocher. A motion was made by Alderman Leslie to table the ordinance since a super majority of the Council was needed to approve the acquisition and not enough aldermen were in attendance; seconded by Alderman Plocher. Motion to table approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, Besco -aye, Leslie -aye, Munns -aye, Spears -aye, Plocher -aye COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that the Comprehensive Plan Citizens Advisory Committee will be meeting on March 26, 2008 at 5:30 p.m. at the Library. The discussion will be on land use. The second public open house will be held on June 19, 2008 at the Library. More information will be forthcoming. On April 1, 2008 the second quarter of the year will begin so staff Will be updating the development and population reports as well as the building permit reports. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that there have been several articles about Yorkville and Kendall County in the newspapers such as the Chicago Tribune. COMMUNITY & LIAISON REPORT Elder Friendly Community Planning Summit Alderman Spears reported that the O rd Annual Elder Friendly Community Planning Summit would be held on April 16, 2008 from 9:00 a.m. to 12:30 p.m. at the Trinity United Methodist Church in Yorkville. Subjects to be discussed are creating livable communities for older Americans, transportation, municipalities working together to create elder friendly communities, etc. Community Nutrition Network Alderman Spears reported on the Community Nutrition Network who has seen an increase in participation especially during bad weather when they delivered two meals per day. She noted that they are looking for volunteers to deliver nutritious meals. Managing Cholesterol Seminar Alderman Spears reported that Rush- Copley would be hosting a free program on Managing Cholesterol on March 27, 2008 from 10:00 to 11:00 a.m. at the Beecher Center. The Minutes of the Regular Meeting of the Citv Council — March 25, 2008 — page 5 Emergency Response System Alderman Spears reported that Kendall County has developed an emergency evacuation plan for individuals with special needs. There will be a registry of people whose support system is inadequate for self - evacuation. A list of contacts to be used in case of an emergency will be developed for these people. Church Events Alderman Spears reported on the following church events: • The Yorkville Congregational Church will be hosting a Spring Rummage and Bake Sale on April 4, 2008 from 9:00 a.m. to 4:00 p.m. and on April 5, 2008 from 9:00 a.m. to noon. • Trinity United Methodist will be hosting a toy and children's clothes resale event on April 5, 2008 from 8:00 a.m. to 2:00 p.m. • Sunnymere Senior Community Living Center at 925 e Avenue, Aurora will be hosting a rummage sale on May 2, 2008 from 8:00 a.m. to 3:00 p.m. and May 3. 2008 from 8:00 a.m. to 1:00 P.M. Community Nutrition Network Mayor Burd commented that she recently delivered meals to several seniors. She encouraged people to volunteer because it is not just about the meals but also human contact that is offered to seniors. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2008- Rezoning Certain Property in Furtherance of an Annexation Agreement Kalant Property (EDC 2007 -24) A motion was made by Alderman Leslie to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement for Kalant Property, as presented, and authorize Mayor and City Clerk to execute all documents; seconded by Alderman Plocher. Alderman Munns questioned Director Miller on the yellow map in the Council's packet. He asked for clarification of the colored areas. Alderman Golinski stated he received a letter from a resident near the property who opposes the rezoning. He agreed with the resident and feels the property should remain residential. Alderman Spears stated that when residents voiced their objections at an earlier meeting she was surprised at the limited amount of parking available. She felt the property should remain residential. Alderman Leslie explained that the Plan Commission supported the rezoning however residents were not notified of the public hearing. He asked Director Miller to explain the circumstances. Director Miller explained that the public notices have been the responsibility of the petitioner however technically it is staff s responsibility. Nevertheless, the notices were not sent. Staff is working on a text amendment to address the responsibility of sending public notices so this does not happen in the future. Alderman Leslie stated that he did not feel that sending public notices for a rezoning was the responsibility of staff. He further stated that he does not support B3 zoning along Route 47 especially in an instance with limited parking however since the property was already rezoned he felt it may put the city in legal jeopardy to change the zoning now. Alderman Besco noted that when the rezoning was originally presented, it was indicated that a parking lot with access off of Route 47 would be constructed. He recommended that if the property is re- rezoned that the parking lot be put in. Alderman Plocher called the question. Motion to rezone approved by a roll call vote. Ayes -4 Nays -2 Golinski -nay, Besco -aye, Leslie -aye, Munns -aye, Spears -nay, Plocher -aye Alderman Besco asked that the approval of the rezoning be subject to the installation of a parking lot. The Council agreed. Attorney Orr indicated that B3 zoning requires certain parking elements so this would enforce it. The Minutes of the Regular Meeting of the Citv Council — March 25, 2008 — Dage 6 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Tuition Reimbursement Request (ADM 2008 -19) A motion was made by Alderman Mums to approve the tuition reimbursement request, degree program and extended tuition repayment period, as presented; seconded by Alderman Besco. Alderman Mums noted that the Committee discussed an extended repayment period and he asked where this was addressed. Assistant City Administrator Olson stated that it was addressed on page 1 of his memo to the Administration Committee; the repayment period was extended to four years. Administrator McLaughlin indicated that this mirrors the current policy. Alderman Besco asked if this was a change to the regular policy. Mayor Burd indicated it was. Mayor Burd asked if this was in the current budget. Director Mika indicated that the amount was included in the current proposed budget. She also noted that the approval of this would set a precedent. Alderman Mums stated that every employee would be given the same consideration however if the education is not a benefit to the city the request will be denied. Alderman Spears stated that the degree is not job related. She agreed it would besetting a precedent. She noted that a request from another employee was previously before the Council and it was denied because the degree was not job related. She indicated that the employee was going for a master's degree which is not a requirement of her current position. She stated that this is a tough call and she would not like to see other employees make requests and be denied. Alderman Leslie stated that talent is hard to find and it should be identified and kept. He felt the employee's further education would benefit the city. He was in favor of request. Mayor Burd stated that the former admirdstra supported educating employees but she feels it should be job related. She felt that by reviewing requests case by case opened the door to the possibility that someone will be disc against. She cautioned the Council of this possibility. Alderman Besco asked if the city was being financially responsible in reimbursing for this education. He stated that his concern had nothing to do with the individual requesting the reimbursement but rather with watching the budget. Administrator McLaughlin stated that are funds for three tuition reimbursements the budget however one of the reimbursement is for education one level above the job requirement. Alderman Mums read from the policy which states any requests for a degree program beyond one level above what is required by the job description must be submitted to the mayor and City Council for approval. Alderman Spears asked Attorney Orr that if this is approved and another is denied could there be a chance for litigation. Attorney Orr indicated that there is always that opportunity for litigation and she felt that the City Council should not be put in this positions. Mayor Burd indicated that the Council should consider changing the current policy so the Council does not have to make this type of decision. Alderman Plocher stated he was in favor of the reimbursement as he felt the education would be a benefit to the city. Treasurer Powell commented that currently there is only one city employee with human resource expertise. The opportunity to educate another employee in this area provides support for the present human resource manager. Motion approved by a roll call vote. Ayes -4 Nays -0 Present -2 Gohnski -aye, Besco - present, Leslie -aye, Mu Spears- present, Plocher -aye ADDITIONAL BUSINESS Alderman Munns asked if a message board would be used when the new Sycamore Street traffic light becomes operational. Mr. Wywrot stated that everything for the light is in place all that is needed is power to the light. He indicated he would check into the use of a message board. EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of The Minutes of the Regular Meeting of the Citv Council — March 25, 2008 — Daee 7 o For 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 immin ent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. o For the purchase or lease of real property for the use of the public body. • For the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Leslie; seconded by Alderman Munns. Administrator McLaughlin noted that there was no discussion needed for the purchase or lease of real property for the use of the public body. Mayor Burd amended the motion to go into executive session. So moved by Alderman Leslie; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes -6 Nays -0 Spears -aye, Besco -aye, Golinski -aye, Leslie -aye, Munns -aye, Plocher -aye The City Council adjourned into executive session at 8:30 p.m. The City Council returned to regular session at 9:15 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderman Leslie. Motion unanimously approved by a viva voce vote. Meeting adjourned at 9:20 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i I, i CITY COUNCIL MEETING 1i I!; UNITED CITY OF YORKVILLE, ILLINOIS I REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before TERESA S. GRANDCHAMP, C.S.R., on March 25, 2008, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. !II I , I. D- 843008 REPO • COURT reporting service DUPAGE COUNTY KANE COUNTY 1212 S. Naper Blvd., Ste. 119 -185 630 - 983 -0030 • Fax 630- 907 -9710 1051 Ketel Ave. Naperville, IL 60540 Email: depocourt@comcast.net North Aurora, IL 60542 2 1 P R E S E N T: 2 MS. VALERIE BURD, Mayor; 3 MR. JOSEPH BESCO, Alderman; 4 MR. GARY GOLINSKI (app eared 5 telephonically), Alderman; 6 MR. JASON LESLIE, Alderman; 7 MR. MARTY MUNNS, Alderman; 8 MR. ARDEN JOE PLOCHER, Alderman; 9 MS. ROSE ANN SPEARS, Alderwoman; 10 11 MR. BRENDAN McLAUGHLIN, City j 12 Administrator; I'- 13 MR. WILLIAM POWELL, City Treasurer; i I! 14 MS. JACQUELYN MILSCHEWSKI, City Clerk. 15 16 A P P E A R A N C E S: 17 BY: MS. KATHLEEN FIELD ORR, 18 appeared on behalf of the United 19 City of Yorkville, Illinois. 20 - - - 21 22 23 'I 24 Depo•Court Reporting Service (630) 983 -0030 'f 3 1 (Pledge of Allegiance) 2 (WHEREUPON a portion of 3 the proceedings was not 4 herein transcribed.) 07:O1PM 5 MAYOR BURD: We have three public 6 hearings. I would like to make an announcement 7 that in the future we will have -- when something 8 comes to us for the first time for annexation, we 9 will have something called a concept presentation, 07:01PM 10 and that will allow City Council to make comments 11 on the annexation agreement as a first time. 12 Tonight we are going to be hearing 13 this for the first time and our staff has not had 14 a chance to review it, and so I just want 07:O1PM 15 everybody to be aware of that, that little change 16 in the future. 17 So can I have -- number one, is 18 there somebody here representing Raycorp? 19 This is a petitioner who has filed 07:02PM 20 an application with the United City Of Yorkville, 21 Kendall County, requesting an amendment to the 22 annexation and planned unit development agreement 23 and rezoning from the United City of Yorkville R -2 24 Duplex Two - Family District to the United City of Depo•Court Reporting Service (630) 983 -0030 4 1 Yorkville PUD to allow for uses allowable within 2 the B -3 Service Business Zoning Classification. 3 The real property consists of approximately 23.95 4 acres and is located at 10312 Route 71. 07:02PM 5 MR. KENNY: Thank you, Mayor. For the 6 record, my name is Bob Kenny. With me tonight is 7 Tom Rayburn, principal of -- 8 UNIDENTIFIED SPEAKER: (Inaudible). 9 MR. KENNY: It's been recommended that 1 07:02PM 10 we have a motion to open the public hearing. 11 MS. ORR: You don't need a motion to 12 open the public hearing. A public hearing has 13 been declared. 14 MR. KENNY: With me is Tom Rayburn, the 07:02PM 15 principal of Raycorp, and Tony Graff, Consultant. 16 We are -- originally on this 17 property we had requested a B -3 zoning. We had 18 previously obtained a Planned Unit Development for 19 residential purposes and it was -- all our efforts 07:03PM 20 to market the property were unsuccessful. 21 Staff had recommended a preference 22 towards a Planned Unit Development zoning instead 23 of a straight B -3. We withdrew the B -3 zoning and 24 applied for the Planned Unit Development, and the Depo•Court Reporting Service (630) 983 -0030 5 1 Plan Commission did recommend unanimously in favor 2 of the Planned Unit Development zoning. 3 We have had conversations with our 4 neighbors who are concerned to make sure that our 07:03PM 5 development will be integrated with theirs from a 6 traffic standpoint, from a drainage standpoint. 7 We committed at the Plan Commission 8 hearing, we do so now, to work with them to make 9 sure that the ultimate development is an 07:03PM 10 integrated development. 11 Tonight we're here for the public 12 hearing on the annexation agreement. So what I I 13 thought I would do is briefly run through the 14 provisions of the annexation agreement, and please 07:04PM 15 don't hesitate to stop me if I'm going over an 16 important point or if I'm going too fast. I just 17 don't want to belabor the presentation. 18 This is an amendment to the prior 19 agreement, and in this amendment we're changing 07:04PM 20 the Planned Unit Development to a Commercial 21 Planned Development. We're recognizing that the 22 market has substantially changed, and one of the 23 benefits that we find is that we're going to be 24 providing commercial to, in our opinion, a much Depo•Court Reporting Service (630) 983 -0030 6 1 needed commercial down to the area of Yorkville 2 south of the river. 3 We are here before you with a 4 concept Planned Unit Development, which means 07:04PM 5 we'll have to return to you both for preliminary 6 and final approvals, Planned Unit Development 7 approvals that's integrated in this agreement, and 8 the Planned Unit Development will be following the 9 B -3 zoning bulk requirements. And we'll be 07:05PM 10 following your City codes on architectural design, 11 landscaping, drainage and those issues. 12 Let's see. In the agreement, we run 13 through the preliminary Planned Unit Development 14 procedure that we'll follow, the final Planned I 07:05PM 15 Unit Development, just recognizing that we'll be 16 back to you a couple times before we can actually 17 start construction. It also deals with the 18 posting of the necessary securities for the public 19 improvements, the review of plan process. 07:05PM 20 We'll be creating a property owners' 21 association, as well as a backup SSA to handle the 22 open common areas, detention areas and things like 23 that. The backup SSA would allow the City the 24 right but not the duty to come in and do the work Depo•Court Reporting Service (630) 983 -0030 7 1 if the association were not doing it. It's really 2 kind of a safety measure that the City would have. 3 We don't expect the City to have to use that or to 4 levy pursuant to that. 07:06PM 5 In Article 3, we talk about the 6 development standards following the B -3 Zoning 7 District standards complying with your zoning and 8 the subdivision code. There is a provision in 9 there for temporary construction, trailers during 07:06PM 10 the period of construction. 11 Street access, there is a provision 12 that there will be no direct access from 13 individual lots on this property to Route 71. I 14 There will be a main entrance which is across the 07:06PM 15 street from the entrance that was previously 16 constructed, and we expect that once all of the 17 development in that area is completed, we'll be 18 able to install a stoplight. IDOT has approved 19 that location. 07:07PM 20 The interior streets will be private 21 streets maintained by the association. There is a 22 section on signage, both the temporary signs 23 during construction and on the permanent 24 commercial signage once it's completed, and'then Depo•Court Reporting Service (630) 983 -0030 8 1 to the extent there would be any conflict, if any, 2 between the City codes and this agreement, this 3 agreement would be governing. i 4 Let's see. The fees and charges. 07:07PM 5 No increase in city fees unless those increases 6 were charged equally to everyone throughout the 7 city. 8 We mention the engineering review 9 fee, the administrative inspection fees, a weather 07:07PM 10 warning siren charge. That is a $75 per acre 11 charge. 12 We will be annexing to the 13 Yorkville - Bristol Sanitary District for sanitary 14 sewer. The city will be providing water and there 07:O8PM 15 is a sufficient capacity and service lines for 16 this development. We'll be doing on -site 17 detention. And to the extent we would have 18 utilities that would be capable of being used by 19 other parties, the city is agreeing to consider 07:O8PM 20 the adoption of a recapture ordinance. 21 Section 13 goes through the public 22 improvement inspection period -- process, and also 23 there is a section in here on building materials, 24 that we're going to be following your appearance Depo•Court Reporting Service (630) 983 -0030 9 1 code. 2 The balance of the agreement is 3 basically general boilerplate. I guess you would 4 say that it's fairly standard in most agreements; i ` -i 07:09PM 5 building permit processing, occupancy permit 6 processing, property owners' association 7 maintaining the private facilities, and provisions 8 such as that. 9 There is a provision requesting a 07:09PM 10 commercial tax incentive pursuant to the City 11 policy that's now in effect. And I think those 12 are the highlights of the agreement. 13 We're certainly available for any 14 questions anyone might have. 07 :09PM 15 MAYOR BURD: Is there anyone in the 16 audience who has any questions? 17 Would you please give your name and 18 ask your question. 19 MS. KRAMER: I don't have any questions, 07:09PM 20 but we just have a couple of concerns. 21 Kelly Kramer on behalf of Pottinger 22 Farms, LLC. I represent the landowners who own 23 approximately 145 acres directly southeast of this 24 particular property and abuts the Forest Preserve Depo•Court Reporting Service (630) 983 -0030 - I 10 1 back into Legion Road. 2 My clients have been in discussions 3 with the petitioners and would like to reiterate 4 their concerns regarding the internal development 07:1oPM 5 of the property. I 6 My clients are not adverse to the 7 rezoning to the B -3 PUD but would request that 8 there be language contained in the annexation -- 9 or the amendment to the Planned Unit Development 07:10PM 10 agreement whereby they're granted access through 11 this particular property. Because of the acreage 12 contained between this property and Legion Road, 13 they would like to preserve access to Route 71. 14 Additionally, my clients, and it is 07:10PM 15 provided in the revised concept plan, were 16 requesting an increased landscape buffer along 17 their property line as a result of their property 18 continuing to be zoned A -1 with Kendall County. 19 We have talked to the Forest 07:11PM 20 Preserve about the possible purchase of my 21 client's or a portion of my client's property and 22 they're not inclined to do so right now due to the 23 non - availability of funds. 24 And then in the Plan Commission Depo•Court Reporting Service (630) 983 -0030 11 1 packet there was a detailed staff report conducted 2 by Engineering Enterprises. My clients would 3 request that the City abide and include that in 4 any of their approval of the engineering as there 07:11PM 5 is drainage soils that cut through this property 6 that my clients may be affected by. 7 So we would request that these items 8 be placed in the agreements, and we're here to 9 answer any questions that you may have on behalf i 07:11PM 10 of the Pottinger family. 11 MAYOR BURD: Is there anyone else in the 12 audience who would like to make a comment? 13 If not, anyone -- 14 MR. DAVIDSON: Is this on -- I'm sorry, 07:12PM 15 I was out in the hallway. Is this -- may I 16 approach? 17 MAYOR BURD: It's on the Raycorp. 18 MR. DAVIDSON: Raycorp. We're actually 19 here for Jake Land Group. I'm sorry. I knew 07:12PM 20 Kelly was on that, too. 21 MAYOR BURD: Without any more comments 22 from the audience, is there any member of the 23 Council that would like to -comment? 24 Ms. Spears. Depo•Court Reporting Service (630) 983 -0030 12 1 ALDERWOMAN SPEARS: I'd like to ask 2 Attorney Kramer what type of buffer is your 3 client -- 4 MS. KRAMER: Just a typical landscape 'j 07:12PM 5 buffer. We realize in the City code there is an 6 increase in the normal landscape buffer when you 7 have two different zoning classifications with a 8 very, very minimal intense use abutting a 9 commercial property. So I know they're -- 07:12PM 10 probably with it being a concept plan and then not 11 having an end user in sight -- not at the step 12 where they're hiring a landscape architect, but if 13 they comply with the existing City code, my 14 clients would be satisfied. 07:12PM 15 MAYOR BURD: Alderman Munns . 16 ALDERMAN MUNNS: Temporary signage of a 17 maximum of 120 square feet, is that within our 18 ordinance now or is that something a little 19 bigger? 07:13PM 20 MS. ORR: As the Mayor explained, the 21 staff and I have not -- this is strictly their 22 proposed agreement. We have not reviewed it. We 23 have not confirmed. There are requests for 24 incentives that have not been reviewed. There are Depo•Court Reporting Service (630) 983 -0030 13 1 requests for approvals within certain time periods 2 that haven't been reviewed, and that certainly 3 will be noted -- 4 ALDERMAN MUNNS: That will be answered. 07:13PM 5 MS. ORR: -- to be reviewed so that when 6 it is presented to you for consideration, you will 7 have the benefit of our requested changes. 8 ALDERMAN MUNNS: Thank you. 9 MAYOR BURD: Any other comments? 07:13PM 10 ALDERWOMAN SPEARS: I do. 11 MAYOR BURD: Alderman Spears. 12 ALDERWOMAN SPEARS: I do have many 13 comments. I did read the documents, so I would 14 like to submit it to our attorney and staff as 07:13PM 15 well. 16 MS. ORR: We would appreciate it. 17 MAYOR BURD: Okay. Anyone else who has 18 any thoughts on the document that has been passed 19 on to staff? 07:14PM 20 Okay. And if there are no more 21 comments on the Raycorp public hearing, we will 22 close that hearing. 23 The next public hearing is the 24 Hattner Trust. And is there anyone here tonight Depo•Court Reporting Service (630) 983 -0030 14 1 to represent the Hattner Trust? 2 MS. KRAMER: Yes. 3 MAYOR BURD: Okay. This is an Illinois 4 corporation, petitioner, who has filed an 07:14PM 5 application with United City of Yorkville 6 requesting an annexation agreement. The real 7 property consists of approximately 80 acres and is 8 located on Route 47 in Yorkville. 9 You look familiar. 07:14PM 10 MS. KRAMER: Kelly Kramer on behalf of 11 the petitioner, Hattner Trust. 12 As you may recall, this is a 13 continuation of a public hearing that occurred at 14 the last City Council meeting. 07:14PM 15 We're here tonight to answer any 16 questions that you may have after hearing the last 17 presentation and any questions the public may 18 have. 19 MAYOR BURD: Okay. And this is because 07:15PM 20 although it was noticed in ,the paper -- 21 MS. KRAMER: And certified; the 22 certified mailing did go out. It was not 23 initially placed on the agenda -- 24 MAYOR BURD: Right. Depo•Court Reporting Service (630) 983 -0030 15 1 MS. KRAMER: -- and so it was continued 2 to today's date. 3 MAYOR BURD: So we wanted to make sure 4 that in case somebody was just going by the agenda 07:15PM 5 that they would have the opportunity to speak on 1 6 this issue. i 7 MS. KRAMER: Correct. 8 MAYOR BURD: So is there anyone here 9 tonight who would like to talk about the Hattner 07:15PM 10 Trust? 11 All right. There is no one here. 12 Does anybody on City Council have 13 any comments on this? 14 It doesn't appear that that's the 07:15PM 15 case, so we will close that public hearing. Thank 16 you for being here tonight. 17 The next item is the Jake Land 18 Group, LLC, petitioner, and are you representing 19 them? 07:15PM 20 MS. KRAMER: I am. 21 MAYOR BURD: Okay. Petitioner has filed 22 an application with the United City of Yorkville 23 requesting an annexation agreement. And this real 24 property consists of approximately 52.44 acres and Depo•Court Reporting Service (630) 983 -0030 16 1 is located at 8614 Route 71 in Yorkville. 2 MS. KRAMER: That is correct. And, 3 again, Madam Mayor, this is also a continuation of 4 a previous public hearing in which certified went out the signs were properly o7:16PM 5 mailings w , g p p y P 1 6 and it was not placed on the agenda. 7 Again, this is a mixed -use 8 development along Route 126 with a business, 9 assisted living, and multifamily component. 07:16PM 10 We're here tonight to answer any 11 questions or -- that staff may have or that the 12 public may have. 13 MAYOR BURD: All right. Is there anyone 14 here this evening who would like to make a comment 07:16PM 15 on the site? 16 Yes, sir. Please come forward and 17 state your name for the record. 18 MR. DAVIDSON: Good evening, Mayor, and 19 City Council. My name is Gary Davidson, Brumund, 07:17PM 20 Jacobs, Hammel, Davidson. Good to be before you 21 again. 22 I represent the Block Trust and the 23 Block farm out on 126, which I'm sure you're all 24 familiar with. Depo•Court Reporting Service (630) 983 -0030 17 1 We are not here to object to the 2 zoning change or to the development itself, but 3 simply to raise some issues so that things that 4 have happened in the past don't happen again in 07:17PM 5 the future. 6 I'm certain that the Council and the 7 Mayor are aware of the last issue that happened 8 with respect to Lennar where there was some 9 substantial flooding issues on my client's 07:17PM 10 property and draining as a result of that not 11 being properly engineered to hold the water on 12 that site. 13 So when this moves forward -- and we 14 have an agreement with Attorney Kramer to include 07:17PM 15 these things, but I want to make this at least 16 part of the public record so that you can hear the 17 concerns we have that the stormwater obviously be 18 properly detained and that it be properly bonded 19 for, that we have the same buffering that occurred 07:18PM 20 in the past with both a berm and fencing and 21 shrubbery. 22 The reason that we feel that it's 23 important to have that berm and the reason we 24 believe that the Council would find that to be Depo•Court Reporting Service (630) 983 -0030 18 1 important is because we want to limit the amount 2 of bovine /human interaction and keep that berm 3 away from the cattle and the current farm 4 operation that's taking place. ' 07:1BPM 5 And then finally, we want to address 6 the issue with respect to -- and I guess I raise 7 this, but the dumping of the water. The last time 8 it was going into this natural swale flowing under 9 126 and then it landed up in our pastures. 07:19PM 10 So those -- those issues were the 11 issues that we wanted to address. And, Edward, 12 did I cover everything? 13 UNIDENTIFIED SPEAKER: (Inaudible). 14 MR. DAVIDSON: Oh, that's right. I was 07:19PM 15 filibustering because I knew there was something 16 else. 17 In the past, and I believe Attorney 18 Kramer is also in agreement with this, there has 19 been a provision placed on individual deeds when 07:19PM 20 they're conveyed out in that development so that 21 people are put on notice that the adjoining 22 property owner has a right to farm and that there 23 are going to be farm animals there. That avoids a 24 problem for you for future residents coming in and Depo•Court Reporting Service (630) 983 -0030 19 1 saying, gee, I didn't know that there was this cow 2 and there was this manure smell. i 3 I, growing up in Yorkville, know 4 about the fact that we have farms here, but other - I 07:19PM 5 people who might be moving from Kenilworth 6 thinking they're moving down here may not know 7 that. 8 So that's something that we feel is I 9 important and something that we think the Council 07:20PM 10 should ensure that that is included in any part of 11 this development. 12 So if you have any questions for me 13 as the representative of Block, I'm glad to 14 entertain them. 07:20PM 15 MAYOR BURD: Okay. Does anyone here in 16 the audience have any questions or wish to make a 17 statement to add to this one? 18 No? 19 Does anybody on City Council wish to 07:20PM 20 make a comment or ask a question? 21 ALDERMAN LESLIE: I do. Do we have a -- 22 Kelly, do you have a display? I know the last 23 time this came up originally -- and I've been 24 abreast of Jake Land Group since the beginning, Depo•Court Reporting Service (630) 983 -0030 20 1 starting with the clear - cutting, the burning and 2 thrashing of trees in my backyard, so it hasn't 3 sat well with me. I 4 Originally you wanted 104 units, I 07:20PM 5 think, in the R -4 development, and I had spoken 6 with your dad and they were looking at 7 age- restricted. I see verbiage in here under 8 Article D as to such, but I want to know the 9 entire scope of the R -4 zoning; how many 07:21PM 10 buildings, how many residents. 11 MS. KRAMER: I don't believe we have a 12 clear -cut residential count. We're looking to do 13 the R -4 flex zoning and it's somewhat dictated by 14 the market demand. 07:21PM 15 We're looking more towards the 16 duplex -type product as opposed to the town 17 home -type product. 18 ALDERMAN LESLIE: You have an R -4 19 component here, I know. 20 MS. KRAMER: Emil, maybe you can address 21 that. 22 MR. FUFORI: In this particular plan, we 23 don't have any duplex showing. What we're showing 24 right now is just a small group, 16 total units, Depo•Court Reporting Service (630) 983 -0030 21 1 three buildings of an age- restricted town home 2 product. 3 ALDERMAN LESLIE: What you're showing 4 now -- I guess I just don't trust the petitioner, 07:21PM 5 to be perfectly frank. It's come under -- I think 6 under three different guises. What I don't want 7 is a bait and switch where we come in with some 8 duplexes and some, you know, loosely -held R -4 and 9 then we end up with 104 units all along the -- 07:22PM 10 MS. KRAMER: Apartment kind of -- 11 ALDERMAN LESLIE: Absolutely. And, you 12 know, I think the use, the commercial use is good. 13 I think the contribution of the retail across the 14 street is good. We had some issues with the 07:22PM 15 ingress and egress in proximity to 71. I'm 16 assuming those have been fixed. 17 MS. KRAMER: Yes. 18 A So, I mean, that's 19 good, but I want to harden down and make steadfast 07:22PM 20 exactly how many units are they talking. If it's 21 a limited age- restricted 55 or older and the scope 22 is brought down, I don't have a problem with it. 23 If it's anything but that, I have an extreme 24 problem with that. Depo•Court Reporting Service (630) 983 -0030 22 1 MS. KRAMER: And we can address that 2 with staff, as far as the text of the R -4 so there 3 is protection and comfort on Council's level. 4 ALDERMAN LESLIE: Yeah. Within the PUD, 07:22PM 5 I mean, it also notes on behalf of the petitioner, 6 it offers autonomy to come in and change the 7 scope, and if I were to not be here in the future, 8 I know Alderman Spears, and I think every other 9 councilman, has spoke to the concerns. 07:23PM 10 Am I alone in this, in terms of the 11 town homes? So I hope we have a steadfast eye on 12 that. 13 MS. KRAMER: And I believe the 14 petitioner has a clear -cut understanding based 07:23PM 15 upon the meeting of the Plan Commission and staff 16 at this point with regard to the R -4. They did 17 present three different conceptual plans at the 18 recommendation of staff just to see where a 19 banquet hall would fit in, where an 07:23PM 20 assisted - living facility would fit in, and I 21 believe the consensus was this is a conceptual PUD 22 plan, number one, but we would be willing to 23 revise the text of the actual agreement so 24 everybody is comfortable with the end use and end Depo•Court Reporting Service (630) 983 -0030 23 1 product that is going to be in the R -4 zoning 2 classification. 3 ALDERMAN LESLIE: That's my primary 4 concern. 07:23PM 5 ALDERMAN PLOCHER: I'd just confirm that 6 you did speak with the Block's attorney and you're 7 okay with all that? 8 MS. KRAMER: Yes, we have spoken with I 9 the Block's attorney, and as far as the drainage, 07:24PM 10 berming, fencing issues and the deed restriction, 11 we have no objection to those, and I believe we 12 can even include language to the right to farm in 13 the covenants and operating agreement between the 14 shopping center owners. 07:24PM 15 ALDERWOMAN SPEARS: I have a question. 16 MAYOR BURD: Alderman Spears. 17 ALDERWOMAN SPEARS: Could you explain 18 the flex zoning? Does that mean if the market is 19 requiring single- family homes, they put 07:24PM 20 single- family in, but if the market is looking for 21 duplexes or town homes -- 22 MS. KRAMER: Town homes. I 23 ALDERWOMAN SPEARS: So if we approve 24 flex zoning, then the petitioner basically ca n p ut Depo•Court Reporting Service (630) 983 -0030 24 1 in whatever the market is? 2 MS. KRAMER: Yes, whatever the market is 3 dictating in the confines of whatever language is 4 drafted, as far as that R -4 flex is concerned, and 07:24PM 5 the architectural guidelines that you have in 6 place as the City. 7 ALDERWOMAN SPEARS: Okay. I 8 MAYOR BURD: It appears -- or what I'm 9 hearing tonight is that that's not what City 07:25PM 10 Council is looking for, at least some of the 11 aldermen. If the flex is in there then they -- 12 what assurance would they have that you're not 13 coming forward with something that they don't want 14 after the case? 07:25PM 15 MS. KRAMER: Well, and that's where we 16 can work with staff to hammer out specific 17 language and specific triggers. 18 MAYOR BURD: Okay. 19 MS. ORR: Forgive me because of my 07:25PM 20 limited time. Have I read the zoning code? Yes. 21 Have I memorized it? No. 22 MAYOR BURD: Do you want me to recognize 23 you? 24 MS. ORR: Oh, I'm sorry. Depo•Court Reporting Service (630) 983 -0030 25 1 MAYOR BURD: Okay. 2 MS. ORR: Do we have such a division as 3 to flex zoning in our zoning code? 4 MS. KRAMER: No. 07:25PM 5 MS. ORR: So then I don't understand how 6 the City Council could approve such an item as a 7 permitted use under the code. 8 MS. KRAMER: It would be under the guise 9 of the Planned Unit Development where they have 07:26PM 10 identified it could either be zoned R -4 or R -2. 11 MS. ORR: That's very imaginative. 12 MS. KRAMER: So it's negotiated, yeah, 13 as part of the annexation PUD agreement. 14 MAYOR BURD: It's been done before, but 07:26PM 15 I'm not sure that that's something that -- we'll 16 have to see what the aldermen think. 17 MR. FUFORI: May I address this one 18 comment? When we're talking about the flex 19 zoning, what we're not talking about is a drastic 07:26PM 20 change from the plan that everyone sees before 21 them. It's been before the Plan Commission and 22 staff has had a long discussion with the 23 petitioner. It's been before City Council as 24 well. So we're talking smaller shifts into these Depo•Court Reporting Service (630) 983 -0030 26 1 type of areas. 2 Overall, the plan will be as you 3 see, primarily commercial. So we're just really 4 talking about this area specifically that we're 07:26PM 5 considering for the flex zoning. 6 MAYOR BURD: Alderman Spears. 7 ALDERWOMAN SPEARS: So if that's the 8 case, then could we possibly just indicate what he 9 just told us as flex zoning if the Council does 07:27PM 10 approve rather than the overall development; would 11 that be something that we can adjust? 12 MS. KRAMER: Well, the overall 13 development, it would be -- PUD would be the 14 zoning classification. 07:27PM 15 ALDERWOMAN SPEARS: Okay. 16 MS. KRAMER: And then you have the 17 underlying, you know, B -3 on a specific legal 18 description. So where the flex comes into play, 19 it's going to be this or it could be this. 07:27PM 20 MAYOR BURD: Alderman Leslie. 21 ALDERMAN LESLIE: What the PUD offers a 22 petitioner, it also offers to staff the ability to 23 sanction or direct or piece by piece instruct the 24 plan for approval. Depo•Court Reporting Service (630) 983 -0030 27 1 My concern has always been, you 2 know, mass units of R -4. Originally, I believe, 3 it was 104. They brought it down to 96. I met 4 twice, I believe, with petitioner on my own time 07:28PM 5 to communicate to them my concerns. We talked 6 about the potential buffering of some R -2 zoning, 7 and I just don't see where it's at. I'm with Rose 8 a hundred percent. I want to know how many R -4, 9 how much age- restricted, totally, and, you know, I 07:28PM 10 certainly wouldn't vote without having those 11 concise details in hand, period. 12 MAYOR BURD: Is this all -- I'm sorry, 13 I'm not sure what you said. Did you say that 14 those -- that R -4 was all age- restricted or just 07:28PM 15 partly age- restricted? 16 MR. FUFORI: It's my understanding -- _ 17 MS. KRAMER: It's all age- restricted. 18 MR. FUFORI: -- it's all age- restricted. 19 MAYOR BURD: So we can write that into 07:28PM 20 the PUD agreement that it has to be 21 age- restricted. 22 MS. KRAMER: Right. And that's where 23 it's going to take the petitioner and staff 24 sitting down and really hammering down the text Depo•Court Reporting Service (630) 983 -0030 28 1 before bringing it back to City Council so 2 everybody is comfortable with not only the plan, 3 but also the text of the agreement. So 10 years 4 down the road if the development is just getting 07:29PM 5 off the ground, nobody has questions on what 6 exactly did they mean giving this this R -4 7 designation. 8 MAYOR BURD: So I would direct any 9 alderman who has any concerns, please pass it on I 07:29PM 10 to the staff so we make sure that they're 11 incorporated in this agreement, so that when it 12 comes back to you, it will include the language 13 that you want to see. Is that okay? 14 ALDERMAN LESLIE: Absolutely. 07:29PM 15 MAYOR BURD: Okay. Are there any other 16 comments? 17 Okay. Is that no? Okay. Then this 18 public hearing on the Jake Land Group application 19 is concluded. Thank you. 07:29PM 20 MS. KRAMER: Thank you. Have a good 21 evening. 22 (Which were all the 23 proceedings had at the 24 public hearings.) Depo•Court Reporting Service (630) 983 -0030 i 29 1 STATE OF ILLINOIS ) SS. 2 COUNTY K A N E ) 3 I, Teresa S. Grandchamp, a 4 Certified Shorthand Reporter, do hereby certify 5 that I reported in shorthand the proceedings had 6 at the hearing of the above - entitled cause and 7 that the foregoing Report of Proceedings is a 8 true, correct, and complete transcript of my 9 shorthand notes so taken at the time and place 10 aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 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 30 1 In testimony whereof, I have 2 hereunto set my hand this 16th day of April, A.D., 3 2008. 4 6 Teresa S. Grandchamp, CSR 7 CSR No. 084 - 002853 8 9 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 31 $ 8614 (1) -16:1 age [s] - 20:7, 3:21, 5:18, 5:19, 26:1 5:23 21:1, 21:21, 27:9, 10:9 Article [2) - 7:5 berm 131 - 17:20, 9 27:14, 27:15, amount ill - 20:8 17:23, 18:2 $75[11 - 8:10 I 27:17, 27:18, 18:1 assisted [z) - berming [1) - 27:21 animals [11- 16:9, 22:20 23:10 0 96 [1] - 27:3 age- restricted 18:23 assisted - living BESCO [1) - 2:3 [s) - 20:7, 21:1, ANN [1] - 2:9 [1) - 22:20 between [3) - A 21:21, 27:9, annexation [s) - association [41- 8:2, 10:12, 23:13 084- 002853(1] - 27:14,27:15, 3:8, 3:11, 3:22, 6:21, 7:1, 7:21, bigger [1) - 30:7 A -1 [1) - 10:18 27:17,27:18, 5:12, 5:14, 10:8, 9:6 12:19 A.D [q - 30:2 27:21 14:6,15:23, assume pi - Block [3) - abide [1) -11:3 agenda [3] - 25:13 29:19 16:22, 16:23, ability [1] - 14:23, 15:4,16:6 annexed (1] - assuming (1) - 19:13 10 [1j - 28:3 26:22 agreeing [1] - 29:17 21:16 Block's [2) - 10312 (11- 4:4 able [1) - 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29:20 ALDERMAN (131 8:24 available [11- brought 121 - 30:3 - 12:16,13:4, appeared [21- 9:13 21:22, 27:3 23.95 [1) - 4:3 acre [t] - [ 11- 13:8,19:21, acreage 111- 2:4, 2:18 avoids 111 - Brumund [1] - 25 pi - 1:11 20:18, 21:3, application [41- 18:23 16:19 10:11 21:11, 21:18, 3:20, 14:5, 15:22, aware [2) - 3:15, buffer 141- 3 acres [4] - 4:4, 22;4, 23:3, 23:5, 9:23, 14:7, 15:24 28:18 17:7 10:16, 12:2, 12:5, 26:21, 28:14 applied [1] - 12:6 actual [11- Alderman [111 - 4:24 3 (1) - 7:5 22:23 B buffering [z] - 2:3,2:5, 2:6,2:7, applies [1] - 17:19,27:6 add [1] - 19:17 2:8, 12:15,13:11, 29:17 building [z1- 4, Additionally [1) 22:8, 23:16, 26:6, B-3 4: - 4:2, appreciate [1) - 8:23.9:5 - 10:14 26 4:17, 4:23, 6:9, 13:16 buildings [2) - 4711] - 14:8 approach (11- b address (51- alderman (1) - 7b 10 u p 21 20:10,21:1 ' 18:5, 18:11, 28:9 backup [2j - 11:16 bulk [11- 6:9 20:20, 22:1, aldermen [2] - approval [z] - 6:21, 6:23 SURD [30) - 2:2, and (1) - 24:11, 25:16 11:4, 26:24 3:5, 9:15, 11:11, adjoining (1] - 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1:12 amendment [41- areas [3] - 6:22, benefits [11- Business 11] - Depo•Court Reporting Service (630) 983 -0030 32 4:2 19:19,24:6, 24:9, 7:17, 7:24 29:21 Davidson [2) - 13:18 business [1] - 25:6, 25:23, 28:1 comply [1] - conversations 16:19,16:20 documents I1) - 16:8 Classification 12:13 [1] - 5:3 deals [1] - 6:17 13:13 BY [1) - 2:17 [1] - 4:2 complying [1] - conveyed (1) - declared I11- done I11- 25:14 classification 7:7 18:20 4:13 down (s) - 6:1, C [21- 23:2, 26:14 component [2) - copies [21- deed I1] - 23:10 19:6, 21:19, classifications 16:9, 20:19 29:18,29:21 deeds I11- 21:22, 27:3, [1] - 12:7 concept [41- corporation [11- 18:19 27:24, 28:4 C.S.R (1) - 1:11 clear [3] - 20:1, 3:9, 6:4, 10:15, 14:4 demand [11- drafted [t1- 24:4 capable [11- 20:12, 22:14 12:10 Correct [1] - 20:14 drainage [4) - 8:18 clear -cut [21- conceptual [2] - 15:7 description [11- 5:6, 6:11, 11:5, capacity [1l - 20:12, 22:14 22:17, 22:21 correct (2) - 26:18 23:9 8:15 clear - cutting [11 concern [2) - 16:2, 29:8 design I11- 6:10 draining (1) - case [41- 15:4, - 20:1 23:4, 27:1 COUNCIL Ili - designation Ill 17:10 15:15, 24:14, Clerk 111- 2:14 concerned (2] - 1:3 - 28:7 drastic (1) - 26:8 client 11] - 12:3 5:4,24:4 Council [141 - detailed [1] - 25:19 cattle [1] - 18:3 client's (3) - concerns [s] - 3:10,11:23, 11:1 due It] - 10:22 center [t1- 10:21, 17:9 9:20,10:4. 17:17, 14:14, 15:12, details Ili - dumping 11] - 23:14 clients [s] - 22:9, 27:5, 28:9 16:19,17:6, 27:11 18:7 certain [2) - 10:2, 10:6, 10:14, concise Ili - 17:24, 19:9, detained Ili - duplex [2] - 13:1, 17:6 11:2, 11:6, 12:14 27:11 19:19, 24:10, 17:18 20:16, 20:23 certainly (3) - close [21- 13:22, concluded [t) - 25:6, 25:23, 26:9, detention [2) - Duplex I11- 3:24 9:13, 13:2, 27:10 15:15 28:19 28:1 6:22, 8:17 duplex -type I11- certificate [1) - code [71- 7:8, conducted It] - Council's 111- development 20:16 29:17 9:1, 12:5, 12:13, 11:1 22:3 its] - 3:22, 5:5, duplexes [2] - Certified (1] - 24:20, 25:3, 25:7 confines [1] - councilman 111 - 5:9, 5:10, 7:6, 21:8, 23:21 29:4 codes (2) - 6:10, 24:3 22:9 7:17, 8:16,10:4, during 121- 7 :9, certified 141 - 8:2 confirm I1] - counsel [21- 16:8, 17:2, 18:20, 7:23 14:21, 14:22, comfort [1) - 23:5 29:12 19:11, 20:5, duty I11- 6:24 16:4, 29:19 22:3 confirmed I1] - count[11- 20:12 26:10, 26:13, certify (3) - 29:4, comfortable [21 12:23 COUNTY [11- 28:4 E 29:11, 29:16 - 22 :24, 28:2 conflict I11- 8:1 29:2 Development chance (tl - coming [2) - consensus 111- County (2) - (131 - 4:18, 4:22, 3:14 18 :24, 24:13 22:21 3:21, 10:18 4:24, 5:2, 5:20, Edward (1) - change I41- 18 comment [5) - consider [t] - couple [2) - 5:21, 6:4, 6:6, 1 effect [11- 9:11 3:15, 17:2, 22:6, 11:12, 11:23, 8:19 6:16, 9:20 6:8, 6:13, 6:15, 25:20 16:14, 19:20, consideration covenants I11- 10:9, 25:9 efforts [1] - 4:19 changed (1] - 25:18 (1] - 13:6 23:13 dictated I11- egress P - 5:22 comments (7) - considering [t] cover 111- 18:12 20:13 21:15 changes [11- 3:10, 11:21, 13:9, - 26:5 cow I11- 19:1 dictating ill - either I1] - 25:10 13:7 13:13, 13:21, consists (31- creating I11- 24:3 Emil I11- 20:20 changing [ 11- 15:13, 28:16 4:3, 14:7, 15:24 6:20 different(31- end [41- 12:11, 5:19 Commercial [1] constructed 111 CSR [21- 30:6, 12:7, 21:6, 22:17 Z 22:24 - charge (2) - - 5:20 - 7:16 30:7 direct [3) - 7:12, engineered [1] - 8:10, 8:11 commercial [7) - construction [4] current [1] - 26:23, 28:8 17:11 charged I11- 8:6 5:24, 6:1, 7:24, - 6:17, 7:9, 7:10, 18:3 direction I11- Engineering [1] charges I11- 8:4 9:10,12:9. 21:12, 7:23 cut (3) -11:5, 29:21 -11:2 CITY [2) - 1:3, 26:3 Consultant I11- 20:12, 22:14 directly [1) - engineering [2) 1:4 Commission [5) 4:15 cutting (1) - 20:1 9:23 - 8:8,11:4 City 41- 8:5, 8:7, discussion [11- ensure It) Y - 5:1, 5:7, 10:24, contained (2) - 9:10 8:14, 8:19 22:15, 25:21 10:8, 10:12 p 25 :22 1 Enterprises [1l - City [291 - 1:13, committed [1] - continuation [21 discussions (1) 2:11,2:13,2:14, 5 : 7 -14 :13,16:3 -10:2 11:2 2:19, 3:10, 3:20, common [1] - continued [1) - D- 843008 [1] - display (1] - entertain I11 1:24 3:23, 3:24, 6:10, 6:22 15:1 19:22 19:14 6:23, 7:2, 7 communicate continuing [1) - dad [11- 20:6 District [3] - entire [1] - 20:9 8:2, 9:10, 11:3, Ill - 27 :6 10:18 date [11 -15:2 3:24, 7:7, 8:13 entitled [21- 12:5, 12:13, 14:53 complete [1] - contribution [11 D"IDSON (4) - division [1] - 1:10, 29:6 14:14, 15:12, 29 :8 - 21:13 11:14, 11:18, 25:2 entrance [2] - 15:22, 16:19, completed (2) - control [1) - 16:18, 18:14 document (1] - 7:14, 7:15 Depo•Court Reporting Service (630) 983 -0030 33 equally 111 - 8:6 3:11, 3:13 19:24, 28:18 hope 111 - 22:11 intense I11- 22:13, 23:8, evening (3) - fit [21- 22:19, growing It] - hour(1] - 1:12 12:8 23:22, 24:2, 16:14, 16:18, 22:20 19:3 hundred 11] - interaction I11- 24:15, 25:4, 25:8, 28:21 fixed [11- 21:16 guess [31- 9:3, 27:8 18:2 25:12, 26:12, exactly [21- flex [10] - 20:13, 18:6, 21:4 interested [11- 26:16, 27:17, 21:20, 28:6 23:18, 23:24, guidelines [11- 29:15 27:22, 28:20 existing [1) - 24:4, 24:11, 25:3, 24:5 interior Ill Kramer (6] - 12:13 25:18, 26:5, 26:9, guise [11- 25:8 7:20 9:21, 12:2,14:10, expect [21- 7:3, 26:18 guises 11] - 21:6 identified [l] - internal I1] - 17:14,18:18 7:16 flooding [11- 25:10 10:4 explain [1] - 17:9 H IDOT Ill - 7:18 issue [31- 15:6, L 23:17 flowing I11- ILLINOIS [21 - 17:7, 18:6 1.4 29.1 Land [41- 11:19, explained I11- 18:8 issues [71- 6:11, hall [1] - 22:19 Illinois 131- 12:20 follow I11- 6:14 17:3, 17:9,18:10, 15:17, 19:24, extent [2] - 8:1, following (41- hallway I1] - 1:13, 2:19,14:3 18:11, 21:14, 11:15 imaginative I11- 28:18 8:17 6:8, 6:10, 7:6, 23:10 landed [11- 18:9 , Hammel I11- 25:11 item [21- 15:17, extreme I1] - 8for 16:20 Important 25:6 t[41- landowners I1] - 21:23 foregoing [�] - 9:22 eye [11- 22:11 29:7 hammer [11- 5:16, 17:23, 18:1, items [11- 11:7 Forest [2] - 9:24, 24:16 19:9 itself [11- 17:2 landscape [41- F 10:19 hammering (1) - improvement 10:16, 12:4,12:6. Forgive (1] - 27:24 [11- 8:22 J 12:12 24:19 hand 131 - 27:11, improvements landscaping [11 facilities [11- forward [31- 2919, 30:2 Ill- 6:19 - 6:11 9:7 16:16,17:13, handle (11- 6:21 Inaudible) [2] - Jacobs [1] - language 151 - facility 111- 24:13 harden [11- 4:8,18:13 16:20 10:8, 23:12, 24:3, 22 frank (11- 21:5 21:19 incentive [1] - JACQUELYN [11 24:17, 28:12 fact 111- 19:4 FUFORI [4] - Hattner [41- 9:10 - 2:14 last [51- 14:14, fairly (1] - 9:4 20:22, 25:17 27:16, 27:18 , 13:24,14:1, incentives 111- Jake [41- 11:19, 14:16, 17:7, 18:7, familiar [2)- 14:11, 15:9 12:24 15:17, 19:24, 19:22 14:9, 16 funds [11 - 10:23 hear Ill - 17:16 inclined (1] - 28:18 least [2) - 17:15, Family Ill - 3:24 future [51- 3:7, hearing [161- 10:22 JASON [11- 2:6 24:10 family 131 - 3:16, 17:5, 18:24, 3:12, 4:10, 4:12, include [41- JOE 111- 2:8 legal [1] - 26:17 11:10, 23:19, 22:7 5:8, 5:12, 13:21, 11:3.17:14, JOSEPH 11] - Legion [21- 23:20 13:22, 13:23, 23:12, 28:12 2:3 10:1, 10:12 far [3] - 22:2, G 14:13, 14:16, included 11] - Lennar [1] -17:8 23:9, 24:4 15:15, 16:4, 24:9, 19:10 K LESLIE [10] - farm 151 - 16:23, 28:18, 29:6 incorporated [1] 2:6, 19:21, 20:18, 18:3, 18:22, Game (1] - 1:12 hearings [2] - - 28:11 21:3, 21:11, 18:23, 23:12 Gary [11- 16:19 3:6, 28:24 increase (2] - KATHLEEN [1] - 21:18, 22:4, 23:3, Farm [11- 1:12 GARY Ill - 2:4 held (1] - 21:8 8:5, 12:6 217 26:21, 2 - � keep [1] - 18:2 Leslie [1] 26:20 Farms [1] - 9:22 gee [1] - 19:1 hereby [11- 29:4 increased [11- Kell 9:21, farms I1] - 19:4 general Ill - 9:3 herein 111 - 3:4 10:16 y 141- level [11- 22:3 fast (11- 5:16 glad (11- 19:13 hereto 111 - increases [1] - 11:20, 14:10, levy 11] - 7:4 favor 111- 5:1 GOLINSKI Ill - 29:17 8:5 19:22 limit [11- 18:1 fee [11- 8:9 2:4 hereunto [11- indicate 111- Kendall [2] - limited [21- fees [31- 8:4, governing I1] - 30:2 26;8 3:21, 10:18 21:21, 24:20 8;5, g;g 8:3 hesitate [11- individual [21- Kenilworth [11- line (1) - 10:17 feet (1] -12:17 Graff (1] -4:15 5:15 7:13,18:19 19:5 lines Ill -8:15 fencing (2) - Grandchamp [21 highlights [1] - ingress [1] - KENNY [3] - 4:5, living [21- 16:9, 17:20, 23:10 - 29:3, 30:6 9:12 21:15 4:9, 4:14 22:20 FIELD Ill - 2:17 GRANDCHAMP hiring 111- 12:12 inspection [2] - Kenny [1] - 4:6 LLC 121 - 9:22, filed 131 - 3:19, [1] - 1:11 hold Ill -17:11 8:9,8:22 kind [21- 7:2, 15:18 14:4,15:21 granted I1] - home (2) - install [1] - 7:18 21:10 located [3] - 4:4 filibustering [11 10:10 20:17,21:1 instead [1] - KRAMER [27] - 14:8,16:1 12:4, 14:2, - 18:15 ground I11- home -type I1] - 4:22 location 111 - final [21- 6:6, 28:5 20:17 instruct [1] - 14:10,14:21, 7;19 6:14 group [11- 20:24 homes [4] - 26:23 15:1, 15:7,15:20, look [1] - 14:9 finally 111- 18:5 Group 141 - 22:11, 23:19, integrated [31- 16:2,20:11, looking [5] - first [31- 3:8, 11:19,15:18, 23:21, 23:22 5:5,5:10, 6:7 20:20, 21:10, 20:6, 20:12, 21:17, 22:1, Depo•Court Reporting Service (630) 983 -0030 34 20:15, 23:20, 7:2 N 4:12, 6:22 people (2) - possibly (11- 24:10 MEETING [il - operating [1] - 18:21, 19:5 26:8 loosely [11- 1:3 23:13 per [il - 8:10 posted [11- 16:5 21:8 meeting 13) - name [41- 4:6, operation [i) - percent [1) - posting [11- loosely -held (11 1:9,14:14, 22:15 9:17,16:17, 18:4 27:8 6:18 - 21:8 member(i) - 16:19 opinion [t) - perfectly [t) - potential [ii - 11 :22 natural [1) - 18:8 5:24 21:5 27:6 M memorized (i) - necessary [11- opportunity (i) - period [3) - 7:10, Pottinger [2) - 24:21 6:18 15:5 8:22, 27:11 9:21, 11:10 mention (tl - 8:8 need [i) - 4:11 opposed [tl - periods fil - POWELL (11- Madam [�1 met [i) - 27:3 needed [il - 6:1 20:16 13:1 2:13 16:3 might [2) - 9:14, negotiated [1] - ordinance [2] - permanent [11- preference (1) - mailing f�l 19:5 25:12 8:20,12:18 7:23 4:21 14:22 MILSCHEWSKI neighbors [1) - original (t) - permit [2) - 9:5 preliminary [2) - mailings (�1- (1) - 2:14 5:4 29:17 permitted [i) - 6:5, 6:13 16:5 minimal [i) - next [2) - 13:23, Originally [2) - 251 present [t) - main a - d [i 12:8 15:17 20:4, 27:2 petitioner (121- 22:17 maintained [l - mixed [1] - 16:7 nobody [t) - originally [2) - 3:19, 14:4, 14:11, presentation [3] 7'21 mixed -use [1] - 28:5 4:16,19:23 15:18, 21:4, 22:5, - 3:9, 5:17, 14:17 maintaining (�1 16:7 non (i) - 10:23 ORR po) - 2:17, 22:14, 23:24, presented [1) - - 97 most [1) - 9:4 non - availability 4:11, 12:20, 13:5, 25:23, 26:22, 13:6 manure [tl - motion [2) - [�j -10:23 13:16,24:19, 27:4, 27:23 preserve [ 19'2 4:10, 4:11 normal [11- 12:6 24:24, 25:2, 25:5, Petitioner [i) - 10:13 March [[) - 1:11 moves [il - noted [tl - 13:3 25:11 15:21 Preserve [2) - market - 17:13 notes [21- 22:5, outcome [1] - petitioners [ij - 9:24,10:20 4:20, 5:22, , 20:14, moving (2) - 29 :9 29:15 10:3 previous (ij - 2 23:18, 4:2 1 9:5, 19:6 notice [11- Overall [i] - 26:2 piece [2) - 26:23 16:4 MA MR [181- 2:3, 18:21 overall [2) - place [31- 18:4, previously [2) - ARTY (-1- :2 2:4,2:6, 2:7,2:8, noticed [i] - 26:10, 26:12 24:6, 29:9 4:18,7:15 mass l - - 2 :11, 2:13, 4:5, 14:20 own [2) - 9:22, placed [41- primarily [11 - materials [ij 1- 4:9, 4:14,11:14, number 121 - 27:4 11:8, 14:23, 16:6, 26:3 8:23 11:18,16:18, 3:17,22:22 owner()- 18:19 primary [1)- matter [il - 1:10 18 :14, 20:22, 18:22 plan [s] - 6:19, 23:3 maximum pl - 25:17, 27:16, 0 owners [i) - 10:15,12:10, principal (2l - 12:17 27:18 23:14 20:22, 22:22, 4:7, 4:15 MAYOR [291 - MS [401- 2:2, owners' [2) - 25:20, 26:2, private [2) - 3:5, 9:15, 11:11, 2:9, 2:14, 2:17, object[) - 17:1 6:20, 9:6 26:24, 28:2 7:20, 9:7 11:17 11:21, 4:11, 9:19, 12:4, objection (t) - Plan [5) - 5:1, 12:15,13:9, 23:11 problem (31- 12:20, 13:5, P 5:7,10:24, 22:15, 18:24,21:22, 13:11, 13:17, obtained(1)- 13:16, 14:2, 25:21 21:24 i 14:3, 14:19, 14:10, 14:21, 4'18 planned[) - procedure(�)- 14:24, 15:3, 15:8, 15:1, 15:7, 15:20, obviously [i) - p.m [�) - 1:12 3 :22 6:14 15:21,16:13, 16:2,20:11, 17:17 packet [1) - 11:1 Planned [t3] - Proceedings[] -! 19:15,23:16, 20:20, 21:10, occupancy [�) - paper - 14:20 4:18, 4:22, 4:24, - 29:7 24:8, 24:18, 21:17, 22:1, 9:5 part (3) - 17:16, 5:2, 5:20, 5:21, PROCEEDING 24:22,25:1, 22 :13, 23:8, occurred [2) - 19:10,25:13 6:4, 6:6, 6:8, S [1) - 1:9 25:14, 26:6, 23:22 24:2 14:13,17:19 particular (31- 6:13, 6:14,10:9, proceedings (31 26:20, 27:12, 24:15, 24:19, OF [3] - 1:4,1:9, 9:24,10:11, 25:9 - 3:3,28:23,29:5 27:19,28:8. 24:24, 25:2, 25:4, 29:1 20:22 plans pl - 22:17 offers [3) - 22:6, p process [z) - 28:15 25:5, 25:8, 25:11, parties [3l - play [i) - 26:18 6:19,8:22 Mayor [e) - 2:2, 25:12, 26:12, 26:21, 26:22 8:19,29:13, Pledge [i] - 3:1 processing (2) - 4:5, 12:20, 16:3, 26:16,27:17, older[) -21:21 29:14 PL0CHER(2)- 9:5, 9:6 16:18,17:7 27:22, 28:20 on -site [t] - 8:16 partly [i1- 27:15 2:8, 23:5 product (4) - McLAUGHLIN multifamily [1] - once [2) - 7:16, pass 11) - 28:9 point [2] - 5:16, 20:16,20:17, [ - 2:11 16:9 7:24 passed [i) - 22:16 21:2,23:1 mean 141- Munns [1j - one [61- 3:17, 13:18 p olicy [1) - 9:11 P Y properly f 23:18, 28:6 - 21:18,22:53 12:15 5:22,15:11, past [3] - 17:4, 19:17, 22:22, 17:20, 18:17 Portion (21- 3:2, 16:5, 17:11, MUNNS [al - 2:7, 10:21 17:18 means (t) - 6:4 12:16, 13:4, 13:8 25:17 pastures [i] - possible [i) - property p9l - measure (1) - open [3) - 4:10, 18:9 10:20 4:3, 4:17, 4:20, Depo•Court Reporting Service (630) 983 -0030 35 6:20, 7:13, 9:6, 25:10, 27:2, 27:8, 4:17, 13:7 sanitary (11- 27:12 21:14 9:24, 10:5, 10:11, 27:14, 28:6 requesting [s] - 8:13 south (1l - 6:2 streets [2) - 10:12, 10:17, raise [21- 17:3, 3:21, 9:9, 10:16, sat [11- 20:3 southeast (11- 7:20, 7:21 10:21, 11:5, 12:9, 18:6 14:6, 15:23 satisfied [11- 9:23 strictly [11- 14:7, 15:24, rather [11- 26:10 requests (21- 12:14 SPEAKER [2] - 12:21 17:10, 18:22 Rayburn [21- 12:23, 13:1 scope 13] - 20:9, 4:8, 18:13 subdivision [1] - proposed (11- 4:7, 4:14 requirements 21:21, 22:7 Spears [s1- 7:8 12:22 Raycorp (s1- Ill - 6:9 section [21- 11:24, 13:11, submit [11- protection (1l - 3:18, 4:15,11:17, requiring [1l - 7:22, 8:23 22:8, 23:16, 26:6 13:14 22:3 11:18, 13:21 23:19 Section (1l - SPEARS (101- substantial (11- provided (1l - read [21- 13:13, residential [21- 8:21 2:9,12:1, 13:10, 17:9 10:15 24:20 4:19, 20:12 securities [11- 13:12, 23:15 substantially [1] _ providing [21- real (31- 4:3, residents [21- 6:18 23:17, 23:23, - 5:22 5:24, 8:14 14:6,15:23 18:24, 20:10 see 181- 6:12, 24:7, 26:7, 26:15 sufficient (1l - provision [a1- realize [11- 12:5 respect [2l - 8:4, 20:7, 22:18, specific [3l - 8:15 - 7:8, 7:11, 9:9, really (31- 7:1, 17:8, 18:6 25:16, 26:3, 27:7, 24:16, 24:17, suit[21- 29:13, 18:19 26:3, 27:24 responsibility 28:13 26:17 29:14 provisions [2l - reason (2) - (11- 29:20 sees [11- 25:20 specifically (11- swale [11- 18:8 5:14, 9:7 17:22, 17:23 restricted [9] - Service [11- 4:2 26:4 switch [11- 21:7 proximity [11- recapture [11- 20:7, 21:1, 21:21, service (11- spoken [2l - 21:15 8:20 27:9, 27:14, 8:15 20:5, 23:8 T public (171- 3:5, recognize [1] - 27:15, 27:17, set Ill - 30:2 square (11- 4:10, 4:12, 5:11, 24:22 27:18, 27:21 sewer Ill - 8:14 12:17 6:18, 8:21, 13:21, recognizing 121 restriction [11- shifts [11- 25:24 SS [11- 29:1 tax [1] - 9:10 13:23, 14:13, - 5:21, 6:15 23:10 shopping [1l - SSA [z1- 6:21, telephonically 14:17, 15:15, recommend [11 result [21- 23:14 6:23 111- 2.5 16:4,16:12, - 5:1 10:17, 17:10 shorthand [2] - Staff [11- 4:21 temporary [2l - 17:16, 28:18, recommendati retail [11- 21:13 29:5, 29 :9 staff [14) - 3:13, 7:9, 7:22 28:24 on (1l - 22:18 return [11- 6:5 Shorthand [1) - 11:1, 12:21, Temporary [1] - PUD [81- 4:1, recommended review [31- 3:14, 29:4 13:14, 13:19, 12:16 10:7, 22:4, 22:21, [21- 4:9, 4:21 6:19, 8:8 showing [31- 16:11, 22:2, TERESA (11- 25:13, 26:13, 22:15, 22:18, 1:11 record (31- 4:6, reviewed [al - 20:23, 21:3 21- [ esa [ 26:21, 27:20 16:17, 17:16 12:22, 12:24, shrubbery [1] - 24:16, 25:22, 2 9:3, TeTeresa sa purchase [11- regard [11- 13:2, 13:5 17:21 26:22, 27:23, 10:20 22:16 revise 111- sight [11- 12:11 28:10 terms (11- 22:10 purposes (11- regarding [11- 22:23 signage (31- standard (11- testimony [11- 4:19 10:4 revised [11- 7:22, 7:24,12:16 9:4 30:1 text [al - 22:2, pursuant (2) - reiterate [1l - 10:15 signed [11- standards [21- 7:4, 9:10 10:3 rezoning [21- 29:18 7:6, 7:7 22:23, 27:24, put (31- 18:21, related [21- 3:23, 10:7 signs [21- 7:22, standpoint [21- 28:3 23:19, 23:24 29:12, 29:13 river Ill - 6:2 16:5 5:6 theirs Ill - 5:5 report Ill - 11:1 road (11- 28:4 simply [11 -17:3 start [11- 6:17 thereof [2] - 29 :15, 29:18 Q Report [11- 29:7 Road [31 -1:12, single [21- 2 starting 111- REPORT Ill - 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11:19, 24:24, street [21- 7:15, Depo•Court Reporting Service (630) 983 -0030 36 13:24, 14:15, 3:20, 3:23, 3:24, Z 15:9,15:16, 14:5,15:22 16:10, 24:9 units [5] - 20:4, Tony [1) - 4:15 20:24, 21:9, zoned (2) - total (11- 20:24 21:20, 27:2 10:18, 25:10 totally 111 - 27:9 unless [1] - 8:5 zoning (211 - towards 121- unsuccessful 4:17, 4:22, 4:23, 4:22, 20:15 [11- 4:20 5:2, 6:9, 7:7, Town [1] - 23:22 up [41- 18:9, 12:7, 17:2, 20:9, town [41- 20:16, 19:3, 19:23, 21:9 20:13, 23:1, 21:1, 22:11, user[11- 12:11 23:18, 23:24, 23:21 uses [1) - 4:1 24:20, 25:3, traff ic (11- 5:6 utilities [1] - 25:19, 26:5, 26:9, trailers 111 - 7:9 8:18 26:14, 27:6 Zoning [21- 4:2, transcribed [1l - 3:4 V 7:6 transcript [21- 29:8, 29:18 VALERIE Ill - Treasurer [11- 2:13 2.2 trees [1] - 20:2 verbiage [1l - triggers [11- 2 vote 24:17 vote [1l - 27:10 true 111- 29:8 W Trust (51- 13:24, 14:1, 14:11, 15:10,16:22 warning [1] - trust [11- 21:4 8:10 twice 111 - 27:4 water [3) - 8:14, Two (11- 3:24 17:11, 18:7 two (11- 12:7 weather (11- 8:9 Two- Family 111- whereby [11- 3:24 10:10 type [41- 12:2, whereof [1l - 20:16, 20:17, 30:1 26:1 WHEREUPON typical I - 12:4 Ill - 3:2 WILLIAM (1l - U 2:13 willing (11- / ultimate [11- 5:9 2 wish [21- 19:16, unanimously 11) 19:19 - 5:1 withdrew (11- under(e1 -18:8, 4:23 20:7, 21:5, 21:6, write [11- 27:19 25:7, 25:8, 29:19, 29:21 Y underlying 111- 26:17 UNIDENTIFIED years [11- 28:3 [21- 4:8,18:13 YORKVILLE [11 unit [1) - 3:22 - 1:4 Unit 1121 - 4:18, Yorkville [12] - 4:22, 4:24, 5:2, 1:13, 2:19, 3:20, 5:20, 6:4, 6:6, 3:23, 4:1, 6:1, 6:8, 6:13, 6:15, 8:13, 14:5, 14:8, 10:9, 25:9 15:22,16:1, 19:3 UNITED Ill - 1:4 Yorkville - United [61- 2:18, Bristol (11- 8:13 Depo•Court Reporting Service (630) 983 -0030