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City Council Minutes 2008 06-10-08 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, JUNE 10. 2008. Mayor Burd called the meeting to order at 7:08P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Werderich Present Ward II Gohnski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Police Chief Martin, Police Lieutenant Schwartzkopf, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked that #4 - Authorization of Application for 2008 OSLAD Grants (CC 2008 -45) be removed from the consent agenda and placed on the regular agenda under the Public Works Committee Report. Alderman Werderich asked that #9 - IDOT Letter of Understanding - Countryside Center Drive (PW 2008 -76) be removed from the consent agenda and placed on the regular agenda under the Economic Development Committee Report. Attorney Orr asked if the City Attorney's Report could be moved up earlier on the agenda. Mayor Burd asked if all were in favor of the amendments and the City Council approved them with a voice vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., June 17, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., July 1, 2008 City Hall Conference Room Administration Committee 6:00 p.m., June 12, 2008 Yorkville Public Library Public Safety Committee 6:00 P.M., June 26, 2008 City Hall Conference Room Mayor Burd noted that she attended the Library Board meeting where they upheld their policy that the City Council cannot meet in their board room due to security issues. Alderman Munns commented that he didn't understand why the Council could not use the room since it is funded by taxpayer's money. ATTORNEY'S REPORT Attorney Orr noted that at the last City Council meeting she made an incorrect ruling regarding the Mayor voting when one half of elected alderman vote. She read from Illinois municipal law and clarified that the i I The Minutes of the Regular Meeting of the Citv Council — June 10, 2008 — nage 2 I number of voting aldermen is determined by the elected places. She stated that she wanted this clarified in the event she is asked to rule on the matter again. Alderman Spears objected to the ruling and Alderman Besco agreed. She stated that the statute states "elected" officials and only seven were present. Attorney Orr explained that she corrected her ruling because the statute uses different terminology. Alderman Werderich disagreed with her stating that the statute is clearly stated. He didn't feel there were any rulings to support Attorney Orr's position. - Alderman Besco asked if the City Council should get a legislative attorney's opinion on the matter. Mayor Burd stated that if a legislative attorney supported the opinion that she does not vote, she would have to take the matter to court. Alderman Golinski stated that Attorney Orr was comparing "apples to oranges ". Attorney Orr stated that her opinion was based on the wording "elected" versus "members holding office ". Alderman Golinski asked for a written opinion on the matter. Alderman Spears read from the statute and again questioned the reason for Attorney Orr's change of ruling. Attorney Orr stated she would do further research on the ruling and it was the consensus of the Council for her to do so. PRESENTATIONS None. PUBLIC HEARINGS Raging Waves, LLC and Betty O'Keefe Raging Waves, LLC and Betty O'Keefe, Family Limited Partnership, an Illinois Limited Partnership, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to Planned Unit Development agreement. The real property consists of approximately 140.95 acres at the southeast comer of Route 47 and Galena Road, 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 Dan Duffy, former resident and current Yorkville business owner, thanked the Council for the opportunity to address them. He recommended Scott Gengler for Ward I alderman. He explained that he knew Mr. Gengler since he coached him in high school and that he was a very dedicated athlete. He felt he would make a good alderman since he has purpose and direction. He also noted that Mr. Gengler has lived his entire life in Yorkville, is well educated, independent and straight forward. He felt that the business of tabling and postponing the approval of Mr. Gengler as alderman was wrong and he felt that he would make an excellent addition to the City Council. Dan Walter, Fox Hill resident, expressed his concerns with the installation of the disc golf course in the Fox Hill East Park. He stated that he never received notification of the installation. He was afraid of disc being thrown into his yard as the first tee is seven feet from it and if the wind is blowing right it could carry discs into his yard. He has two small children and is concerned for their safety. Director Mogle explained that the disc course has been planned for several years for this park as well as one is Grande Reserve. It is a low impact sport consisting of twelve 6' tall baskets which are spaced throughout the park. Mr. Walter thought that since a SSA was established for the area, residents would have been notified. Mayor Burd explained that the SSA and the use a city park are two different things. Alderman Munns further explained that the SSA covers the maintenance of the trails and open space. He suggested that residents be notified when the use of older parks changes. Director Mogle apologized for the lack of notification to the residents. Tom Gilmore commented on the Ward I vacancy. He stated that he did not feel that any of the candidates had any shortcomings but personally he did not believe that sports meant a good candidate. He stated that he supported George Gilson and asked the City Council to take a second look at him. CONSENT AGENDA 1. Police Reports for April 2008 (PS 2008 -19) 2. Ordinance 2008 -45 - Amending City Code to Add Additional Class G: Beer Garden/Patio Liquor License — authorize Mayor and City Clerk to execute (PS 2008 -20) 3. Ordinance 2008 -46 - Amending the Code of Ordinances Providing for the Regulation of Vehicle Speed Upon Certain Streets — authorize Mayor and City Clerk to execute (PS 2008 -21) i The Minutes of the Regular Meeting of the Citv Council - June 10. 2008 - nage 3 4. Richard Marker Association, Inc. - Southeast Quadrant IL 47 /Ament Road 1 1/2 Mile Review - approve recommendations to the Kendall County Board as presented (PC 2008 -07) 5. Ordinance 2008 -47 - Approving a Preliminary and Final Plat of Subdivision for Stage Coach - authorize Mayor and City Clerk to execute (PC 2008 -09) 6. Ordinance 2008 -48 - Approving a Special Use permit Application for Titanium Investment Properties Daycare at 10 Prairie Pointe Lot 2B, Crimson Lane - authorize Mayor and City Clerk to execute (PC 2008 -10) 7. Resolution 2008 -22 - Approving a Time Extension for Recording the Final Plat of Subdivision for Yorkville Crossing Unit 1 (Wal -Mart) - authorize Mayor and City Clerk to execute (EDC 2008 -22) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Anne Lucietto, chairman of the Plan Commission, gave the City Council an update. She indicated that the Plan Commission Consortium has worked well together discussing items such as roads, historic preservation. She also reported that the next Comprehensive Plan Open house will be held on June 19, 2008 from 4:00 to 8:00 p.m. at the Library. Alderman Werderich asked her to give an overview of the Comprehensive Plan Update Committee and asked how the information from the open houses is considered. She explained that the committee broke into random groups of four to discuss various items. Each group had homework which they discussed in their groups and then as a whole. She stated that after the first open house the members wrote down various questions and discussed them at their May 2008 meeting. They will take public input from the next open house and discuss it at the Plan Commission meeting in July. The update is scheduled to be before the council in August. Alderman Besco noted that the Economic Development Committee had a good meeting with Plattville where Ms. Lucietto was very helpful in define boundaries. He indicated that Plattville is struggling in their first year on incorporation and he suggested that Yorkville extend a helping hand to them. Mayor Burd congratulated Ms. Lucietto and the Plan Commission for a wonderful job. Director Miller reported that the Zoning Board of Appeals discussed the O'Keefe property at their June meeting. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of May 13, 2008; seconded by Alderman Plocher. Alderman Besco noted a minor typographical error and asked that it be corrected. 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 June 6, 2008 totaling the following amounts: checks in the amount of $248,432.65 (vendors FY 07/08); $1,183,763.69 (vendors FY 08/09); $265,622.97 (payroll period ending 5/24/08); for a total of $1,697,819.31; seconded by Alderman Plocher. Alderman Spears requested that the second item on page 15 a payment of $1,064.00 to Jennifer Fischer for a Global Issues Course be removed from the bill until it can be reviewed by the labor attorney. Attorney Orr suggested that information on this subject not be distributed until confirmation from the labor attorney is received so as not to violate any personnel rules. Mayor Burd asked if the reimbursement policy was followed and both Director Mika and Administrator McLaughlin stated that this was approved in the budget and the reimbursement policy was followed. Alderman Spears disagreed stating that this employee's education is going beyond the required 64 hours of education and thus against the education reimbursement policy. She requested an executive session at the next City Council meeting to discuss this further. A motion was made by Alderman Spears to remove invoice #052808 from the bill list; seconded by Alderman Golinski. The Minutes of the Regular Meeting of the Citv Council — June 10. 2008 — nage 4 Alderman Besco noted that a similar requested was previously denied and he asked if this was the same item or a new one. Mayor Burd suggested that this be discussed further in the requested executive session especially since another similar request was recently approved. She suggested that some consistency be applied to this type of request. i Motion approved by a roll call vote. Ayes -6 Nays -1 Sutcliff- -nay, Werderich -aye, Besco -aye, Golinski -aye, Munns -aye, Plocher -aye, Spears -aye Alderman Spears asked if the original motion needed to be amended. Alderman Plocher withdrew his second; Alderman Munns withdrew the motion. A motion was made by Alderman Munns to approve the bill list as amended; seconded by Alderman Plocher. Alderman Spears questioned an item on page 19, Laner, Muchin, Dombrow, Becker in the amount of $1215.00 for labor counseling. She noted that the city has previously used another firm for labor matters and asked why this was changed. Attorney Orr indicated that when she became city attorney she introduced another attorney who works with her in these matters. She suggested that he could come to the next meeting so the Council could get reacquainted with him. Alderman Spears questioned the number of attorneys the city has been using. Alderman Werderich questioned an item on page 4, Gardiner, Koch & Weisberg totaling $9,881.26. He asked if the city was using Attorney Gardiner for litigation. Attorney Orr stated he was and explained that one of the fees is being paid by the city's insurance company. Motion approved by a roll call vote. Ayes -5 Nays -1 Present -1 Munns -aye, Plocher -aye, Spears -nay, Sutcliff- -aye, Werderich -aye, Besco- present, Golinski -aye REPORTS MAYOR'S REPORT Appointment of Ward 1 Alderman Replacement (CC 2008 -38) Mayor Burd entertained a motion to approve the appointment of Scott Gengler as alderman of Ward I to complete Jason Leslie's term of office. So moved by Alderman Munns; seconded by Alderman Sutcliff. � Alderman Werderich commented that the residents of Ward I were in luck because three very good candidates applied for the position and any one of them will provide fine representation for the Ward. He felt that Mr. Gengler was a good person however he wanted to address a few things such as the tabling of this appointment at the last meeting. He explained that he and various other aldermen wanted the opportunity to speak with each applicant. He stated that pursuant to state statute and in accordance with the Governing Ordinance, three members of the City Council can and did request a special City Council meeting. The aldermen wanted the meeting because the appointment process has two parts; one is advice and the other consent. They wanted to interview the applicants in order to advise the Mayor as to which one they recommended. He noted that the Mayor has the right to not pick the recommended applicant. He stated that the aldermen are not trying to take away any authority from the Mayor but they wished to advise her. He believed that when someone is a leader the most important qualities is not to force people to follow you but rather to create a desire for those people to want to be led. The alderman wanted the opportunity to give their opinion and then let her respond. He felt there was an excellent candidate in George Gilson and unfortunately he is his neighbor and a good friend. He felt that these facts were weighted against Mr. Gilson and he apologized for this. He felt he was the best candidate because he is very active in the community. He stated he was going to vote against Mr. Gengler not because he isn't a good candidate but because he felt the city would be missing the opportunity to avail itself to an exceptional person to fill the job. Alderman Besco explained that out of the three candidates he knew Carlo Colosimo the best and knew the others from running into them at various meetings. He stated he did not know their qualifications so he agreed with Alderman Werderich that a special City Council meeting would be a good opportunity for the Council to meet each applicant. He stated that during the recent election campaign the idea of open, honest, transparent government was thrown around. He felt this was the darkest thing he has ever seen since being on the Council. He felt it was ridiculous to think the Council has to approve something that is good for the city and they do not know who they are voting for. He stated that four aldermen showed up for the special meeting and he felt it was disgusting and disgraceful that the meeting could not be accomplished for reasons unknown. He put off a business trip to be available for the meeting. He stated The Minutes of the Regular Meeting of the Citv Council — June 10, 2008 — uaee 5 he had no hard feelings against Mr. Gengler but he did not get the opportunity to meet the three applicants in the forum requested. Alderman Munns commented that he called the Mayor when the position opened up and told her he would support anybody she brought forward that was qualified because it is her prerogative to appoint the person. He stated that it is the Council's prerogative to approve the appointment. He stated that this was the same way he felt under the former mayor. He noted that the council had six weeks to question the candidates and the only candidate to contact him was Mr. Gengler six weeks ago. He stated he supported Mr. Gengler. He felt he was proactive and qualified for the position. He asked that the "personal shenanigans" be stopped and a vote be taken. Alderman Spears noted that she was not contacted by Mr. Gengler prior to his appointment. She expressed her disappointment with some members of the City Council who opted to boycott the special meeting. She stated that the meeting was to help with providing advice and consent to the Mayor. She did not feel it was unreasonable to meet the applicants collectively. She noted that in the past, she had been contacted by the former mayors to discuss people they were going to recommend for a position. She stated that previous mayors wanted the Council's support and wanted them to work together. She commented that she had a problem with the Mayor not showing up to the special meeting because she attended a birthday celebration for the city attorney. She felt city business should come first and didn't like the attitude of "do it my way or it is not going to be done ". She felt it was unfortunate that three qualified people have become "pawns" in a political situation. Alderman Sutcliff thanked the gentlemen for applying for the job. She agreed with Alderman Munns that the only applicant to contact her was Mr. Gengler however the Council had six weeks to talk to all of them. She stated that after the last City Council meeting she emailed the aldermen advising them that she felt she had plenty of time to meet with the applicants and she did not feel she needed to attend the special meeting. She stated that it was the Mayor's choice to bring people forward and it was up to the Council to approve or disapprove the choice. Alderman Golinski agreed there were three strong candidates and he did not have a problem with Mr. Gengler. He stated he did have a problem with the fact that a special meeting was called and there seemed to be an effort spearheaded to block the meeting. Also, the current Ward I alderman is unsatisfied with the process to select his counterpart and he respected that opinion. Mayor Burd commented that she did not condone the agenda for the special meeting because the agenda said the meeting was to interview candidates. She felt that this totally disregarded the fact that there were no candidates; that the appointment had already been made. There was no one for the City Council to choose because they do not get to choose. She asked if any of the City Council members had ever watched when a president makes appointments and suggested anyone interested in government should watch the process. She stated that the senate does not get to pick or tell the president who to choose. They get to interview the appointee and determine if the person is someone who will do a good job. It is not to determine if there is anyone out in Ward I who would do a better job; this is not what advice and consent is about. She did not approve what the council was trying to accomplish with the special meeting and she thought it was disrespectful to the person she appointed. She stated that the selection has been made and the appointment is before the council. There is no other appointee. She stated that it is their choice to vote to approve him or not. Alderman Besco stated he did receive a call from Mr. Gengler but did not have the opportunity to call him back. He apologized for this. He felt it was insulting for the Mayor to be chastising the council. He explained his busy schedule and stated that his time is very precious. He came for a scheduled meeting and found that some council members made up their minds that they did not owe it to the citizens of Yorkville to show up. He felt this was wrong. He also felt that if the Mayor was truly open and honest, this situation would have been completely different. He felt she should have contacted the council about the matter and she should have taken their advice on who their counterparts would be. Mayor Burd asked Alderman Besco if he was unaware that the choice had already been made. She asked if he read her memo to him. Alderman Besco stated he understood what the Mayor was saying however he felt if she had done this process in a different fashion a special meeting could have been held before she made her decision. He commented that now it was "my way or the highway ". Mayor Burd stated that he was correct; she has already made her choice and is not considering anyone else. She stated that for two months everyone knew who the applicants were; their names were in the paper. She did not receive any negative feedback on her appointee nor did anyone invite the applicants to a meeting to meet them. She felt the process was transparent. She stated that the special meeting was held and those present had their discussions. She reiterated that the appointment was over and the clock could not be turned back. Alderman Werderich clarified the Mayor's comment that she did not receive any negative concerns and he reminded her that he had several discussions with her regarding the negative logic she used to make The Minute of the Regular Meeting of the Citv Council — June 10, 2008 — nage 6 the choice. Mayor Burd asked that her statement be amended to reflect she meant non - elected people she was thinking of her constituency not the people who disagree with her on the City Council. She stated that she did hear Alderman Werderich opinion. I Alderman Plocher asked for clarification on the appointment process. Attorney Orr explained that within sixty days of a vacancy, the mayor shall make an appointment to the vacancy. Within thirty days after the appointment, the City Council has the right to approve or disapprove the appointment. If the appointment is not made, there is not a time limitation but the law states the mayor then makes a second appointment and the City Council has another thirty days to approve or disapprove. If the second appointment is not approved, the mayor has the right to appoint either appointee to fill the vacancy until the next election. If there is no action taken by the City Council in the thirty days, the appointment is considered approved. Motion defeated by a roll call vote. Ayes -3 Nays -4 Munns -aye, Spears -nay, Plocher -aye, Werderich -nay, Golinski -nay, Besco -nay, Sutcliff -aye Appointments to Boards and Commissions (CC 2008 -39) School Board Mayor Burd entertained a motion to approve the appointment of Mike Crouch as School Board representative to the Plan Commission. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Gohnski -aye, Besco -aye, Sutcliff- -aye, Munns -aye Zoning Board of Appeals Mayor Burd entertained a motion to approve the re- appointment of Ryan Woods to the Zoning Board of Appeals. So moved by Alderman Munns; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Sutcliff-aye, Munns -aye, Spears -aye CITY COUNCIL REPORT No report. 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 No report. CHIEF OF POLICE'S REPORT Chief Martin reported that the Special Olympics Torch run would be held tomorrow at 9:00 a.m. from Blackberry Oaks Golf Course to the intersection of Routes 47 and 34. The event should take about an hour so anticipate traffic to be tied up in that vicinity for a good cause. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that the 3 annual Payton Run was held on Saturday, June 7, 2008. He estimated that 400 runners participated in the event and he noted it was the largest event in the three year history. He also reported that the season's first Music Under the Stars would be held Friday, June 13, 2008 and it would be the second in the city's "series of playful events." COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. The Minutes of the Regular Meetine of the Citv Council — June 10, 2008 — Daee 7 COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that she emailed the Council regarding a tentative walk through of the Rush - Copley facility on July 8, 2008 at 5:30 p.m. before the City Council meeting. She stated she will confirm the date and get back to the City Council. Alderman Besco noted he did not receive an email and asked Mrs. Spies to check if she had his correct email address. COMMUNITY & LIAISON REPORT Prairie Meadows Park Parking Alderman Spears reported that she and Director Mogle attended a meeting with residents who live across from the Prairie Meadows park in order to discuss their concern with the limited parking. She stated that the residents were very receptive. Chamber of Commerce Administrator McLaughlin reported that the Chamber of Commerce will be hosting two new events. One will be quarterly membership luncheons beginning this fall and the other will be a business book club which will beginning meeting on June 20, 2008 at Vignettes in downtown Yorkville. The club will meet on the first and third Fridays of the month at 8:30 a.m. Two returning events will be River Night on August 28, 2008 from 5:00 to 10:00 p.m. at the Riverfront Park and the Annual Golf Outing on September 18, 2008 beginning at 9:00 a.m. at Blackberry Oaks Golf Course. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Authorization of Application for 2008 OSLAD Grants Riverfront Park Acquisition — Bollweg (CC 2008 -45) A motion was made by Alderman Besco to approve a resolution of authorization to apply for OSLAD grant for riverfront park acquisition - Bollweg and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Spears stated that this was discussed in executive session and it was her recollection that the City Council determined there were no funds identified for this property. It was also discussed that due to the shortfall in the budget, it was not in the best interest of the city to acquiring this property. Director Mogle explained that the city can use the dedicated value of another parcel of land to offset the cost of the property. The city has previously used this process for another land acquisition. The net cost is reasonable for the city however he did not have the final price at this time. Alderman Golinski stated that he had the same recollection of the executive session that Alderman Spears had. The City Council gave direction that they were not interested in the property. He commented that the property did not have sufficient road access and the river frontage was small. He stated that even the Park Board recommended against pursuing the property. He also noted that using dedicated land restricts the future acquisition of other properties indicated in the parks master plan. He was concerned that applying for two grants could hurt the city's chance of getting either one. He suggested that since the property is no longer on the market, the city revisit the purchase when its finances are better. Mayor Burd stated that it was her understanding that the Council's direction was to pursue grants to pay for the property but that the city was not going to expend any of its money on them. She also stated that she was unaware of the Park Board's decision. Director Mogle stated that in the fall of 2007 three properties were discussed by the City Council and the direction was to look at river front property. The Park Board gave the opinion that OSLAD grants could be used for active recreational areas. With this in mind, he brought the properties to the Park Board about 1 %Z months ago and they supported the acquisition because the other three were more costly. The grant writer also suggested this property for the OSLAD because this parcel is the most "grant friendly ". Alderman Spears questioned what the cost would be to improve the access to the property. Director Mogle stated he did not know and that getting authorization to apply for the grant was the first step in the process. Alderman Spears questioned where the funds for the access would come from and Director Mogle replied that this has yet to be determined. Alderman Spears noted that there are no funds available for this and expressed her concern that the In -town Road Program has been cut and now the city was acquiring land which needs funds to provide access to it. The Minutes of the Regular Meeting of the Citv Council — June 10, 2008 — Mee 8 Mayor Burd noted that the property has a dedicated right -of -way for access off Quinsev Lane. Administrator McLaughlin commented that while the property owner has access to the property it is not a public road. Alderman Spears asked if the public could use the road if the property is acquired by the city. Administrator McLaughlin stated that the road is not substantial enough for use by numerous vehicles. Mayor Burd asked if there was a stub to the property in the Heartland subdivision and Director Miller indicated there was but it does not go all the way to the property. Alderman Besco noted that when the Heartland subdivision was first proposed, Quinsey Lane was represented as being maintained by the homeowners living on it. Alderman Plocher asked if there was any urgency to develop the property if it is acquired or could it be left as is until funds become available. Director Mogle explained that the property would be good for passive recreation or possibly a nature center because there is a house on the property. There is a small amount of river frontage and a pond on the property along with rare species of plant life. Alderman Golinski noted that the IDNR and the Forest Preserve District both looked at the property and saw no value in it. The Park Board members he spoke with stated that if the city wanted to pursue that was fine however this property wasn't their choice. He stated that the OSLAD grant comes with a cost to the city in the manner of a dedicated parcel of land that cannot be used again. He felt that the city would be losing an opportunity to put the land up for something that has a higher priority for the Parks Department. Alderman Besco noted that there would also be an immediate expense in making the building ADA compliant. He felt that due to the nature of the house (dirt house) this could be expensive. Alderman Sutcliff asked when the grant would be awarded. Director Mogle explained that OSLAD grants are awarded in January. Alderman Sutcliff also commented that the house was not a true dirt house because it was constructed of concrete and a probably only a ramp would be needed to make it ADA compliant. Alderman Spears estimated that it could cost $30,000.00 to make the property ADA compliant. She noted that in executive session she questioned what it would cost to bring the house up to code so that it could be used by the public. She also suggested that the building be checked for mold. Alderman Spears did not agree with Alderman Plocher's suggestion of acquiring the property and letting it sit until funds are available. She felt the city had better things to spend taxpayer's money on. Alderman Plocher asked that if the property was obtained could it be used towards another grant. Mayor Burd indicated it could not be used for another matching grant. Alderman Werderich asked Director Mogle if he felt that the submission of two grant applications would negatively affect either one. Director Mogle stated he asked the grant writer the same question and was told it would not because the grants are for two different types of uses. Alderman Werderich asked what other areas have been identified by the Park Board to have higher priority. Director Mogle indicated Hoover and the Bristol Bay subdivision were two he recalled. Alderman Spears made a motion to remove the riverfront park acquisition — Bollweg property and proceed with Bristol Bay property. Mayor Burd noted that the motion on the floor was just for the Bollweg property. A motion was made by Alderman Golinski to table the matter indefinitely; seconded by Alderman Spears. Motion to table defeated by a roll call vote. Ayes -4 Nays -4 Munns -aye, Spears -aye, Plocher -nay, Werderich -nay, Golinski -aye, Besco -aye, Sutcliff -nay, Mayor Burd -nay Attorney Orr explained that the Mayor was allowed to vote per her ruling and the motion is defeated due to the tie. Alderman Munns noted that even if the property sits there would be maintenance costs and he asked if this was in the budget. Director Mogle indicated that he wasn't at the point to determine maintenance cost yet. Mayor Burd stated that if there was interest in going forward with this acquisition the city could look for foundation grants such as one from the Conservation Foundation. They have given Director Mogle a list of possible places for grants because this is a unique property because it has never been farmed, has pristine woods, a pond, etc. They feel it should be saved. She stated that it is about whether or not the Council feels strongly about saving something that is environmentally unique in Yorkville. The Minutes of the Regular Meeting of the Citv Council — June 10, 2008 — nage 9 i Alderman Besco asked if Alderman Gohnski was correct when he stated that the property was no longer on the market. Director Mogle explained that the property was on the market but currently it is not and is being rented. Alderman Spears noted that when a grant is awarded semi - annual reports are needed which indicated the status of the property. If the grant is received, the city would have to do what it committed to do when it applied for the grant. She stated that at this time the city would be purchasing a property because it is pristine but it will have major expenses due to the access road and ADA compliance. She felt that the city cannot sit back and wait for funds to perform these things; there are deadlines with grants. She stated that the City Council should realize they are making a major commitment if they approve this. Director Mogle stated that Alderman Spears was correct about the reporting process. Alderman Sutcliff stated that Alderman Spears was making assumptions that have not been proven yet. She stated that some of the aldermen were presenting the worst case scenario and she felt there was a good chance that not much maintenance or upkeep would be needed. She stated that the first step was to apply for the grant and then do the homework. She stated that she was depending on the department heads to know proper procedure. Mayor Burd stated that she spoke with Director Mogle earlier in the day and he commented that if the grant was received the city would have the opportunity to turn it down if the city could not do what it needs to do. She asked if this was correct and Director Mogle explained that it could be turned down if the seller is unable to come to an agreement or price. Mayor Burd asked if there was a timeline for developing the property. Director Mogle stated he did not know a lot about the acquisition grant and he would have to check it there was one. Alderman Spears stated that she has experience working with grants and you never want to turn a grant down. She questioned rushing into this without an evaluation of the house or the cost to upgrade the property. Director Mogle stated that if the OSLAD grant is not pursued at this time, the city would have to wait another year to apply. Alderman Spears suggested that it be readdressed in a year. Motion defeated by a roll call vote. Ayes -2 Nays -5 Sutcliff -aye, Munns -nay, Spears -nay, Plocher -nay, Werderich -aye, Golinski -nay, Besco -nay Alderman Werderich asked for clarification on the vote to table. Attorney Orr stated that a tie means that there is no action. He requested that Attorney Orr investigates case law as to the mayor being able to vote. Attorney Orr stated that she has not found state law but the logical conclusion after looking at other ordinances. She explained the verbiage difference between ordinances and how she determined that the mayor votes. She read from a treatise and Alderman Werderich noted that this was a treatise and not case law. Resolution 2008 -23 Authorization of Application for 2008 OSLAD Grants Bristol Bay Park— Phase I Development (CC 2008 -45) A motion was made by Alderman Besco to approve a resolution of authorization to apply for OSLAD grant for Bristol Bay Park — Phase I development and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears. Alderman Spears noted that this was different tyoe of grant and no taxpayer's dollars would be used on this project. Motion approved by a roll call vote. Ayes -6 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Munns -aye *Alderman Sutcliff was not present for the vote. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2008 -48 Rezoning Certain Property in Furtherance on Annexation Agreement (Lincoln Prairie) (EDC 2008 -17) A motion was made by Alderman Golinski to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Besco. The Minutes of the Regular Meeting of the Citv Council — June 10, 2008 — uage 10 Alderman Golinski stated that this was a housekeeping matter which had been table two weeks ago so that it could be discussed further in executive session. Attorney Orr noted that no approving this would be a liability for the city since the rezoning was part of the previously approved Annexation Agreement. She further noted that the matter needed a supermajority vote to pass. Alderman Werderich stated that he understood that the Annexation Agreement had been approved by an earlier City Council however he felt it was a "tough pill to swallow" because it allows for an asphalt plant. i Motion approved by a roll call vote. Ayes -5 Nays -3 Werderich -aye, Golinski -aye, Besco -aye, Sutcliff -nay, Munns -nay, Spears -nay, Plocher -aye, Burd -aye Ordinance 2008 -50 Approving an Amendment to the O'Keefe Property Annexation Agreement (PC 2008 -14) A motion was made by Alderman Golinski to approve an ordinance approving an amendment to the O'Keefe Property Annexation Agreement and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -8 Nays -0 Gohnski -aye, Besco -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Burd -aye IDOT Letter of Understanding - Countryside Center Drive (PW 2008 -76) A motion was made by Alderman Golinski to approve the IDOT Letter of Understanding - Countryside Center Drive and authorize Mayor to execute; seconded by Alderman Sutcliff. Alderman Werderich stated that the biggest resident complaint he gets is that the Yorkville roads are overcrowded. He stated that due to this he was reluctant to add another traffic light on Route 47 especially when it had not been determined what will be built on the property, Alderman Besco indicated that the traffic light was critical to the future Countryside development. He stated he was not in favor of the light but realized is needed, Alderman Plocher stated he spoke to residents who were in favor of the light. Alderman Sutcliff stated she was happy to see a frontage road is planned and hoped this would help with congestion at the comer. Motion approved by a roll call vote. Ayes -6 Nays -1 Plocher -aye, Werderich -nay, Golinski -aye, Besco -aye, Sutcliff -aye, Munns -aye, Spears -aye PUBLIC SAFETY COMMITTEE REPORT Ordinance 2008- 51 Amending the Code of Ordinances Providing for the Registration of Solicitors, Hawkers and Itinerant Merchants (PS 2007 -28) A motion was made by Alderman Spears to approve an ordinance amending the code of ordinances providing for the registration of solicitors, hawkers and itinerant merchants, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Sutcliff- -aye, Mums -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS McHugh Road Alderman Munns asked what the plan was for McHugh Road was. City Engineer Wywrot explained that the road from Spring Street to Walnut was to be milled out and repaved. The work should begin at the end of the month and take about one month to complete. The contracts for the project were signed today. i The Minutes of the Regular Meeting of the Citv Council — June 10, 2008 — Da 11 Caboose Update Alderman Besco asked for an update on moving the caboose. Director Mogle stated that the caboose was the last phase to be completed at the Whispering Meadows Park which is currently about 60% done. Deposition Schedule Alderman Werderich asked for an update on the deposition schedule for the landfill appeal. Attorney Orr indicated that this would be discussed in executive session. Review of Solid Waste Ordinance Alderman Werderich stated he would like the City Council to review the Solid Waste Ordinance in order to address flaws. It was the consensus of the Council to place this matter on an Administration Committee agenda for discussion. Date for City Council Meeting Alderman Werderich suggested there be a sign indicating the date which could be seen when the meetings are being filmed. The videographer indicated that this could be added at her studio for an additional cost. Alderman Munns suggested the Council look at the cost. Tuscany Plaza Update Alderman Plocher asked for an update on the Tuscany plaza. development. Administrator McLaughlin stated he spoke with the developer who is trying to accomplish having the Comcast line being moved; bedrock has been hit so an additional soil sampling is needed; a hydrant needs to be relocated and they need to prepare the plat. He also has not received any plans yet from the developer. Staff is trying to push the developer to follow up. EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of • 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 imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. • For the discussion of minutes lawfully closed under this Act, whether for the purposes of approval by the body of the minutes or semi -annual review of the minutes as mandated by Section 2.06. Mayor Burd noted that no action would result from the executive session. So moved by Alderman Golinski; seconded by Alderman Sutcliff. Motion approved by a roll call vote. Ayes -6 Nays -1 Spears -aye, Sutcliff-aye, Werderich -aye, Besco -nay, Golinski -aye, Munns -aye, Plocher -aye The Council took a ten minute break and entered into executive session at 9:45 p.m. The Council returned to regular session at 10:07 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Plocher; seconded by Alderman Besco. Motion unanimously approved by a viva voce vote. Meeting adjourned at 10:09 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING I JUNE 10 2008 PLEASE PRINT NAME: ADDRESS: �V^�� ��� U �k� CPC SIGNIN I CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS 1 REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before TERESA S. GRANDCHAMP, C.S.R., on June 10, 2008, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. D- 849108 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, Alderman; 5 MR. MARTY MUNNS, Alderman; 6 MR. ARDEN JOE PLOCHER, Alderman; 7 MS. ROSE ANN SPEARS, Alderwoman; 8 MR. WALLY WERDERICH, Alderman. 9 10 MR. BRENDAN McLAUGHLIN, City 11 Administrator; 12 MR. WILLIAM POWELL, City Treasurer; 13 MS. JACQUELYN MILSCHEWSKI, City Clerk. 14 15 A P P E A R A N C E S: 16 BY: MS. KATHLEEN FIELD ORR, 17 appeared on behalf of the United 18 City of Yorkville, Illinois. 19 - - - 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance) 2 (WHEREUPON a portion of 3 the proceedings was not 4 herein transcribed.) 07:16PM 5 MAYOR BURD : Okay. We have no 6 presentations tonight. We do have a public 7 hearing on the Raging Waves, LLC and Betty 8 O'Keefe, Family Limited Partnership, have filed an 9 application with the United City of Yorkville to I 07:16PM 10 request an amendment to the Planned Unit 11 Development agreement. The real property consists 12 of approximately 140.95 acres at the southeast i 13 corner of Route 47 and Galena Road. 14 Is someone here tonight to make -- 07:17PM 15 to speak to us on this public hearing? 16 MR. MELBY: Thank you, Mayor. My name 17 is Scott Melby with Raging Waves, and just a 18 little background. In October of '06 when we came 19 before the Council with our annexation agreement, 07:17PM 20 in there we were allotted four illuminated 21 100 - square -foot signs on each of the O'Keefe 22 parcels. There are four O'Keefe parcels, and 23 according to sign code, the business is allowed 24 one 100 - square -foot sign on parcel number three. Depo•Court Reporting Service (630) 983 -0030 4 1 And so a few months ago when we went in for our 2 permanent sign, as we were looking at all of that, 3 we really wanted to streamline that, declutter it, 4 come up with a nicer sign, and so we have asked 07:17PM 5 the City to allow us to have a slightly larger 6 sign; rather than 100 square foot, allow it to 7 have 150 square foot; rather than 20 foot tall, to 8 have a 25 foot tall. 9 In exchange for that -- as I said, 07:17PM 10 we were allowed the five one - hundred - square foot 11 signs -- I would like to trade back the 350 square 12 feet back to the City and we're asking for one 13 sign of 150 square feet. 14 We've gone before the DBA and we 07:18PM 15 were approved. We've gone before the Council's 16 committee of the EDC as well, and so now we're 17 coming before the Board. 18 MAYOR BURD: Does anybody in the 19 audience have any questions on this? 07:18PM 20 Yes, sir. Please state your name 21 for the record. 22 MR. MILLER: Todd Miller. Where do you 23 want to put the bigger sign at? 24 MR. MELBY: In the southwest corner of Depo•Court Reporting Service (630) 983 -0030 5 1 Rosenwinkel and 47. 2 MR. Miller: Okay. 3 MAYOR BURD: Does anyone else have any 4 questions? Does anyone on the City Council have a 07:18PM 5 question? 6 ALDERMAN MUNNS: Being as you can see 7 those -- that tornado thing, whatever it is, from 8 four miles away, why would you think you need a 9 bigger sign right there; you think people are 07:18PM 10 going to drive by and miss it or what? 11 MR. MELBY: I mean, right now it is easy 12 to see from far away. I mean, what we're hearing 13 coming down in the road with development in that 14 whole area, there will be a significant amount of 07:19PM 15 development down the road. We're just 16 anticipating further growth in Yorkville, and so 17 we thought it would be better to declutter all of 18 that off and take down, you know, four of them in 19 exchange for the one. 07:19PM 20 ALDERMAN MUNNS : Okay. 21 ALDERMAN WERDERICH: I just had one 22 question about the light box. What did you 23 envision that being? 24 MR. MELBY: Just something we could Depo•Court Reporting Service (630) 983 -0030 6 1 put -- you know, like a -- I don't know how to 2 describe it. Like on a church sign where we could 3 say, Now Accepting Applications, or Season Passes 4 Now Available. 07:19PM 5 ALDERMAN WERDERICH: More like one of f 6 the signs where you put letters up? 7 MR. MELBY: Exactly. 8 ALDERMAN WERDERICH: Okay. 9 MAYOR BURD: Any other questions? 07:19PM 10 Ms. Spears. 11 ALDERWOMAN SPEARS: I would like to say 12 that you have my support on this; rather than 13 having three or four signs all over, just have i 14 one, and your sign is very attractive, too. 07:19PM 15 MR. MELBY: Thank you. 16 MAYOR BURD: Any other questions? No 17 questions? We'll call the public hearing closed. 18 Thank you, sir. 19 MR. MELBY: Thank you. 20 (Which were all the 21 proceedings had at the 22 public hearing portion of 23 the City Council 24 meeting.) i Depo•Court Reporting Service (630) 983 -0030 �I 7 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 I 13 parties to this suit, nor am I in any way related I 14 to any of the parties to this suit, nor am I in 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 i 8 1 In testimony whereof, I have 2 hereunto set my hand this 23rd day of June, A.D., 3 2008. 4 � 5 i 6 Teresa S. Grandchamp, CSR 7 CSR No. 084 - 002853 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 9 7:20 B Council [3] - 3:22, 5:8, 5:18, L acres [11- 3:12 3:19, 5:4, 6:23 6:13 Administrator Council's [1] - '06 [11- 3:18 11] - 2:11 background [11 4:15 G larger [1] - 4:5 aforesaid (11- - 3:18 counsel 121- letters [11- 6:6 U 7:10 behalf [11- 2:17 7 light [11- 5:22 BESCO [11- 2:3 Galena 111 - 3:13 Limited [1] - 3:8 ago [11- 4:1 COUNTY (11- agreement [z] - better [1] - 5:17 7:2 Game [1] - 1:13 LLC [11- 3:7 084-002853111- 3:11, 3:19 Betty [1] - 3:7 CSR [21- 8:6, GARY (1] - 2:4 looking (1] - 4:2 8'7 bigger 2 4:23, GOLINSKI [1] - Alderman [51- 99 l 1 8:7 2:3, 2:4, 2:5, 2:6, 5:9 2:4 M 2:8 Board [11- 4:17 p Grandchamp [21 ALDERMAN (5) box [1] - 5:22 - 7:3,8:6 10 [11- 1:12 - 5:6, 5:20, 5:21, BRENDAN (11- GRANDCHAMP MARTY [11- 2:5 100 [1] - 4:6 6:5, 6:8 2:10 D- 849108 [1] - [11- 1:12 matter [1] - 1:11 100- square- ALDERWOMA BURD [61- 2:2, 1:24 growth [11- 5:16 MAYOR [5] - 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