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City Council Minutes 2008 07-22-08 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. JULY 22.2008. Mayor Burd called the meeting to order at 7:01 P.M and led the Council in the Pledge of Allegiance. ROLL CALL l Deputy Clerk Pickering called the roll. Ward I Allen Present Werderich Absent Ward II Golinski Present Plocher Present Ward III Munns Absent Sutcliff Present Ward IV Besco Present Spears Present Also present: Deputy Clerk Pickering, City Treasurer Powell, Attorney Orr, City Administrator McLauglin, Finance Director Mika, Chief of Police Martin, Director of Parks & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies, and City Engineer Joe Wywrot. 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 Golinski asked that EDC #I and EDC 42 be moved to right after the public hearings so that the people in the audience who are were here for those items, did not have to sit throught the whole meeting; seconded by Alderman Allen. Mayor Burd asked if all were in favor of the amendment and City Council approved it unanimously with a voice vote. COMMITTEE MEETING DATES Public Works Committee 6:00 P.M., August 19, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., August 5, 2008 City Hall Conference Room Administration Committee 7 :00 P.M., August 14, 2008 City Hall Conference Room Public Safety Committee 6:00 P.M., July 24, 2008 City Hall Conference Room PRESENTATIONS Hometown Hero — Matthew Woodin Mayor Burd said that she wanted to give a little background on this presentation. She said that a couple of months ago there was an article in the newspaper about her daughter Samantha who had just gotten back from Iraq. Alderman Golinski had made a comment to her about how the city should recognize her daughter for her service. Mayor Burd said that her daughter's feeling is that anyone who serves is a hero, not just her. Mayor Burd feels that just because she is the Mayor, her daughter should not get special recognition. She wants to recognize people in our community who have served our country. Mayor Burd said that tonight we have the first Hometown Hero recognition. He is a gentleman who not only served his country, he did something extra special for his community by saving a young child who was lost. Mayor Burd asked Matthew Woodin to come forward and she invited both of the Ward 4 Aldermen to help make the presentation. The Minutes of the Reeular Meeting of the Citv Council — July 22, 2008 — nagg 2 Alderman Besco said that Matt Woodin has been a longtime resident and he is proud to call him a friend. He said that Mr. Woodin had been in the newspaper recently for finding a little boy who was missing in Oswego. Mr. Woodin was on his way to work that day and heard the broadcast on WSPY and he knew that he had to do something to help. I Alderperson Spears said that Mr. Woodin lives two doors down from her and that he is the most polite and respectful neighbor. She said that he is a wonderful outstanding citizen and individual and that she is very proud to know him as well. Mayor Burd presented Matthew Woodin with a Certificate of Recognition that said "The Mayor and City Council of the United City of Yorkville present this certificate to Matthew Woodin in honor of his act of bravery in going the extra mile on July 8 in the rescue of Ryan Blake and for his commitment and loyalty in serving his country and for protecting and securing the well being and right of freedom of every American. The United City of Yorkville and the entire Yorkville community are truly proud and honored and thank you our very own hometown hero." Mr. Woodin thanked everyone and said that he wanted to point out that this is a good opportunity for us as we get frustrated with the economy and the housing market and the gas prices to remember that no matter what is happening that some of the best people live in our community. He said that he can tell everyone first hand that you don't find people like this every day. Mr. Woodin said that when he went to the child's house in Oswego, he couldn't believe the amount of people who had shown up to volunteer. He said that you don't find that in other places in the world; you don't find people who genuinely care about other people. He said that it is important that we're Americans and he is very proud of our country and our city. Mayor Burd said that if anybody knows of anyone in the United City of Yorkville who is serving in the armed forces to please let Glory Spies know so that we can recognize them. Swearing -In of Officer Christopher Hayes Mayor Burd swore in Christopher Hayes as a full time patrol officer for the United City of Yorkville Police Department. Presentation of AAIM / DUI Awards Mayor Burd and Chief Martin presented Officers Glenn Calvert, Patrick McMahon, and Ryan Goldsmith with certificates from the Alliance Against Intoxicated Motorists (AAIM) to recognize them for their commendable DUI enforcement. PUBLIC HEARINGS Cross Evangelical Lutheran Church Cross Evangelical Lutheran Church, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation and rezoning from R -1 to a Planned Unit Development, Yorkville, Illinois. The real property consists of approximately 25 acres, located at 7481 NO Road, Oswego, Illinois. Mayor Burd entertained a motion to open the public hearing. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved unanimously by a viva voce vote. 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. Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved unanim ously by a viva voce vote. ECONOMIC DEVELOPMENT COMMITTEE REPORT Mayor Burd said that the next item is the Economic Development Committee Item 41 — PC 2008 -13 Cross Evangelical Lutheran Church. Ordinance 2008 -63 Approving an Annexation Agreement Cross Evangelical Lutheran Church (PC 2008 -13) The Minutes of the Regular Meeting of the Citv Council — July 22. 2008 — Aage 3 A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of an Annexation Agreement with Cross Evangelical Lutheran Church as presented, and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -7 Nays -0 Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye Ordinance 2008 -64 Annexing Cross Evangelical Lutheran Church (PC 2008 -13) A motion was made by Alderman Golinski to approve an ordinance annexing Cross Evangelical Lutheran Church, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Golinski -aye Ordinance 2008 -65 Rezoning Cross Evangelical Lutheran Church (PC 2008 -13) 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 Plocher. Motion approved by a roll call vote. Ayes -7 Nays -0 Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Golinski -aye, Besco -aye PUBLIC HEARINGS HRM Properties and Development, LLC HRM Properties and Development, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a site plan amendment to the Planned Unit Development and a special uses for a gasoline service station and two drive through facilities. The real property consists of approximately 6.14 acres, located at the northeast comer of U.S. Rt. 34 and Cannonball Trail, Yorkville, Illinois. Mayor Burd entertained a motion to open the public hearing. So moved by Alderman Golinski; seconded by Alderman Besco. Motion approved unanimously by a viva voce vote. 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. Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Spears; seconded by Alderman Golinski. Motion approved unanimously by a viva voce vote. ECONOMIC DEVELOPMENT COMMITTEE REPORT Mayor Burd said that the next item is the Economic Development Committee Item 42 — PC 2008 -11 HRM Properties & Development, LLC (Cannonball Trails /Courthouse Square). Ordinance 2008 -66 Approving the First Amendment to the PUD & Annexation Agreement HRM Properties and Development, LLC (Cannonball Trails /Courthouse Square) (PC 2008 -11) A motion was made by Alderman Golinski to approve an ordinance approving the First Amendment to the Planned Unit Development & Annexation Agreement as presented, and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Plocher. The Minutes of the Regular Meeting of the Citv Council — July 22, 2008 — naee 4 Alderman Allen read some excerpts from Plan Commission member Brian Schillinger's letter to the city council. In the letter, Mr. Schillinger asked city council members to help keep this residential location as a day time usage and as ecologically sound as possible. Mr. Schillinger also asked for council to not allow a change to the existing PUD. Alderman Besco said that he is probably in the most unique position of any of the council members regarding this issue because he was on Plan Commission when the last PUD agreement for this property was approved. He said that property owners always have the opportunity to come in and petition the city to change the PUD. There is no way that anyone can predict the future as to what the development of surrounding areas is going to be. The city has seen substantial growth in that area in the last few years. When the Plan Commission reviewed this PUD the last time, there was no way that they could have predicted the explosive commercial and residential growth. Alderman Besco stated that the EDC Committee had questioned how far this would be from the creek. This would be a unique situation where they would have a treatment plan set in place. This plan has the capability to treat water before the water enters the waterway. He believes that even the Cannonball people who are represented by the Civic League have known for years that this area was going to develop. He said that over the last few years they have had major development right across the street. Alderman Besco said that he feels that this area has changed in a dramatic fashion. He has heard the argument that this development will increase traffic in that area, however, he feels that this development will have a minimal impact compared to the rest of the development in that area. He said that potentially we will see a large hospital in that area in the future which will have much more of an impact on traffic. Alderman Munns said that this is a tough issue. He feels that the question is — is a gas station going to pollute the land and water and leak into people's water systems. He asked about the air pollution from the gas vapors. Mr. Rocky Zaiter, the proposed owner of the gas station, said that it is mandatory for gas stations to have vapor recovery. Alderman Golinski said that at the EDC meeting he disagreed with the Plan Commission recommendation. He said that is still his position. The main reason that he disagrees is that the proposed PUD amendments are a good fit for this comer. He said that he can appreciate all of the work that was done eight years ago on the original PUD; however, he doesn't feel that is a valid reason to deny this request. Alderman Gohnski stated that change happens and a lot of change has happened on this corner. Until something is built on the property, he feels that all PUD's are living documents. He has done a lot of homework on this and he hasn't found or heard any factual, sound, or compelling reason to deny these requests. He thinks that the proposed gas station fills a need for that part of the city. As chairman of the EDC, he has to look at things from the perspective of the economics of it. Alderman Plocher feels that a gas station is appropriate for that comer and doesn't see a problem with the request for the gas station to be open 24 hours a day. Alderwoman Spears wanted to respond to some of the comments that were heard during the public hearing. One of the comments that someone made was that the developer wanted these changes so that they can make money. Alderwoman Spears said that she hasn't seen one developer ever approach the city who wasn't here to make money. Nothing is pro bono; that is why they are developers. What she takes into consideration is the reputation of the developer — such as are they responsible, do they answer for their developments. She believes that this developer has displayed that to this city as well as to surrounding cities. Alderwoman Spears said that as far as wanting to keep part of the development as an office building, unfortunately, the city has several beautiful office buildings that currently are more than half vacant at this time, so she doesn't feel that would be a good fit for that area. Alderwoman Spears also commented that several years ago, Speedway came before the City Council because they wanted to redo the entire gas station. The Speedway had a neighbor that was only several hundred yards behind the gas station. She feels that 24/7 is typical for most gas stations. Alderwoman Sutcliff said that the current PUD has been in effect for ten years and no one has built on it. To her, that tells her that in this market, the current PUD wasn't good enough for a developer to develop it. As far as the 24 hour, she had a resident call her and ask about the lighting. She asked what the current code is regarding lighting at night. Community Development Director Miller responded that the city's subdivision control ordinance addresses lighting. Alderwoman Sutcliff also commented that it sounds like the installing of the tanks is critical. She asked whose responsibility is was to make sure that they are installed correctly and are there inspections that are done. Miller responded that the State Fire Marshall's office is responsible for certifying that they are installed correctly. Alderwoman Sutcliff asked if there was a tank for the gas to go into. Miller responded that the concept PUD shows underground tanks for the storage of the gasoline. He said that as far as stormwater treatment, that is unknown at this point. The stormwater treatment will be addressed during the preliminary engineering plans. Alderwoman Sutcliff had several questions about the runoff going into the creek which the project The Minutes of the Regular Meeting of the Citv Council — July 22, 2008 — Dage 5 engineer answered. Alderwoman Sutcliff said that she would like as little water as possible to end up in the creek. She also asked if any bike paths were included in the plan. Director Miller said that the trail system follows Rt. 34 on the south side in this location and follows the west side of Cannonball Trail. The trail system is currently in place in the Kendall Marketplace project. This particular corner will have sidewalks. Alderwoman Sutcliff said that she feels that her constituents are the most upset right now that they have too many taxes. She would love to tell her constituents that taxes are not going to go up. If the city is not going to raise taxes, then the city needs to increase revenue. Alderwoman Spears asked whether the tanks were safe for other chemicals. Mr. Zaiter, the proposed gas station owner, spoke up and said that the tanks are made of a double wall fiberglass. He said that the fiberglass has been tested with all kinds of chemicals. He said that they are inspected several times a year. Alderwoman Spears compared this situation to the radium in our water. She said that the city was in compliance with the first standards until the government increased their standards. When the government changed their standards, they mandated that we had to be in compliance in a short time period. She said that we did meet the new requirements. She said that if new chemicals are developed, then the government would probably mandate that gas stations would have to be in compliance with the new chemicals. Mayor Burd asked about the landscaping. Mr. Oliver said that they will exceed the landscaping provisions that are expected. He also said that architecturally they have worked with this gas station owner and he agreed to go beyond the expected standards. They want this development to be part of the community. Attorney Orr commented for the record that according to the city's zoning code, Section 10 -14 -6, Paragraph E, the city council may grant or deny any application for a special use; provided, however, that in the event of a written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20 %) of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be granted except by the favorable vote of 2/3 of all members of the city council. She also stated that by law whenever a special majority is required the Mayor is given the opportunity to vote. In order for this special use to be permitted it will require six affirmative votes of the city council. Even though there is an absentee at this meeting, it does not affect the number six. Motion approved by a roll call vote. Ayes -7 Nays -1 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Golinski -aye, Besco -aye, Allen -nay, Mayor -aye Ordinance 2008 -67 Rezoning HRM Properties & Development, LLC (Cannonball Trails /Courthouse Square) (PC 2008 -11) A motion was made by Alderman Golinski to approve an ordinance approving the rezoning of certain property to a planned unit development, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears Motion approved by a roll call vote. Ayes -7 Nays -1 Munns -aye, Spears -aye, Plocher -aye, Golinski -aye, Besco -aye, Allen -nay, Sutcliff- -aye, Mayor -aye CITIZEN COMMENTS Mark Johnson, 204 Georgeann, commented that he had read today's Beacon Newspaper article on Yorkville's new alderman, Bob Allen. He said that the article states that Alderman Allen says that he is someone who just does not sit on the sideline. He says that he can take action and make things better. Mr. Johnson said that he has challenged the Mayor to make tough decisions and make dramatic cuts in spending. He said that he would like to see the axe used in all areas especially unneeded manpower and equipment. He feels that this city is acting a lot like the state and federal legislators. He wanted to bring everyone's attention to several line items in the finance section of the packet. The first is a payout of SSA funds to the different banks and developers that show on the monthly invoices in tonight's packet. He questioned whether anyone is checking on the receipt of funds versus the payouts. He's heard that many people aren't paying their SSA's. He thinks that the City Treasurer should know the income versus the outflow of all SSA's from the Day 1 that they were implemented. He stated that the Village of Montgomery is having serious problems getting their SSA's collected. He also questioned the request in the packet from Mr. Mogle to have two part time employees be granted IMRF benefits. He feels that this is a bad precedent. He also questioned the payroll summary sheet. He asked if any of the police overtime is going toward covering any city events that we've had. He challenged the Mayor and City Council to make serious cuts. The Minutes of the Regular Meeting of the Citv Council — July 22. 2008 — Dape 6 Attorney Orr commented on one legal issue on the special service area bonds. She said that the residents of the United City of Yorkville are not responsible for the payment of special service area bonds. The way that they operate is that the bonds are sold to people who are properly and legally in accordance with federal regulations of the security exchange commission, advised that the payback of their bonds is the result solely and only of the real estate taxes paid by the owners who will ultimately own the property and benefit from the special services. Unfortunately given this market and given what is occurring across the State of Illinois those communities who have special service areas, as exist in Yorkville, it is the bond holders who are hurt, not the residents of United City of Yorkville. The bond holders who buy those bonds are advised that they are bonds with the risk that if the ultimate property owner is unable to pay their taxes, they do not receive their investment. Alderman Allen asked Mr. Johnson if he lived in the city. Mr. Johnson said that he was not a city resident; however, he was totally controlled by the city. He said that he has city water, city sewer and the only thing that he doesn't have is a library card and garbage pickup. Alderman Allen asked if it was possible for Mr. Johnson to annex to the city if he wanted to. Mr. Johnson said that he could, however, it would cost him approximately $600.00 more a year in taxes. Alderman Allen said that he hopes that the council receives Mr. Johnson's application for annexation shortly. CONSENT AGENDA 1. Monthly Treasurer's Report for May 2008 (ADM 2008 -59) 2. Resolution 2008 -29 of Authorization to Close Old Second Bank Checking Account No. 30001804 —authorize Mayor and City Clerk to execute (ADM 2008 -62) 3. Resolution 2008 -30 Amending United City of Yorkville Employee Manual Regarding Revised Tuition Reimbursement Policy — authorize Mayor and City Clerk to execute (ADM 2008 -66) 4. Ordinance 2008 -68 Approving the Revision of the 2008 -2009 Fiscal Budget for the United City of Yorkville — authorize Mayor and City Clerk to execute (ADM 2008 -68) 5. Approval for Part-time Employees Mary Garbelman and Future Recreation Center Custodian to Work Over 1000 Hours per Employee Manual Section 1.4.4 (ADM 2008 -69) 6 Cell Phone Reimbursement for the Mayor — approve reimbursement in the amount of $45.00 per month (ADM 2008 -71) - . 7. City Council Goal Action Plan — City Hall — approve action plan as presented (ADM 2008 -72) 8. City Council Goal Action Plan — Explore Green Design/Certification for Public Buildings — approve action plan as presented (ADM 2008 -73) 9. Raging Waves (Rt. 47 Watermain Crossings) — Bond Reduction #1— authorize reduction in the amount of $94,293.77, subject to verification that the developer has no outstanding debt owed to city (PW 2008 -87) 10. Kendallwood Estates — Sitework Letter of Credit Reduction 42 — authorize reduction in the amount of$351,857.51, subject to verification that the developer has no outstanding debt owed city (PW 2008 -88) 11. Goodwill Store — Letter of Credit Expiration — authorize City Clerk to call letter of credit if it is not renewed by September 19, 2008 (PW 2008 -89) 12. Beecher Road — Plat of Dedication for Additional Right of Way — authorize City Clerk to execute (PW 2008 -90) 13. Rush - Copley Phase IA — Plat of Easement — authorize City Clerk to execute (PW 2008 -91) 14. Resolution 2008 -31 Revised 2007 -2008 MFT Appropriation Resolution — authorize City Clerk to execute (PW 2008 -100) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Allen; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -7 Nays -0 Golinski -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff- -aye, Allen -aye, Besco -aye PLAN COMMISSION /ZONING BOARD OF APPEALS Community Development Director Miller reported that on Thursday, July 24, 2008 the Plan Commission would be hosting, along with the community of Big Rock, this months Plan Consortium. The topic will be school funding. Dr. Engler from District 115, Dr. Walker from District 88 and Dr. Hammack from District 429 will all be part of the panel. The topic is how plan commissions can work better with sch000l districts. I The Minutes of the Regular Meeting of the Citv Council — July 22, 2008 — Da u - 7 MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes the Special City Council/Joint meeting with Oswego from May 20, 2008 and the minutes of the City Council meeting from June 24, 2008, as presented; seconded by Alderman Golinski. 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 July 16, 2008 totaling the following amounts: checks in the amount of $727,138.61 (vendors); $277,587.84 (payroll period ending 7/5/08); for a total of $1,004,726.45; seconded by Alderman Allen. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Besco -aye, Golinski -aye, Allen -aye REPORTS MAYOR'S REPORT Appointments to Boards and Commissions (CC 2008 -56) Mayor Burd entertained a motion to approve the appointment of Scott Gengler to the Human Resources Commission; so moved by Alderman Mums; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -7 Nays -0 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Golinski -aye, Besco -aye, Allen -aye Mayor Burd entertained a motion to approve the appointment of Joan Knutson to the Human Resources Commission; so moved by Alderwoman Sutcliff, seconded by Alderman Allen. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye Resolution 2008 -32 Resolution Regarding Statement of Regional Opposition to the Canadian National Railway Purchase of the EJ &E (CC 2008 -57) Mayor Burd said that this is a resolution that the Village of Plainfield has asked us to adopt to provide a unified response to concerns related to the proposed acquisition of the EJ &E Railroad. A major part of their concerns are the large number of trains that would be going down this line and blocking major thoroughfares. Mayor Burd entertained a motion to approve the Resolution Regarding Statement of Regional Opposition to the Canadian National Railway Purchase of the EJ &E; so moved by Alderman Besco seconded by Alderman Golinski. Alderman Besco said that he has noticed the increase in traffic on this railway just recently. He said that after trying to travel through Plainfield the other day, he fully supports this resolution. He said that the two crossings that they had in Plainfield were both blocked and traffic was gridlocked. He said that it will be a disaster if the volume of traffic increases to the number that the Canadian Railway is looking at for these rail lines. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Plocher -aye, Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye, Mums -aye The Minutes of the Regular Meeting of the Citv Council — July 22, 2008 — Da eg_8 Request for Sponsorship — YMCA Silver Springs Summer Scamper (CC 2007 -18) Mayor Burd said that this request came to the Human Resources Commission and the event is scheduled for August 17. The next Human Resources Commission meeting will not take place in time to address this request. The HRC did not have enough information to take action on this item at their last meeting. Mayor Burd stated that this event supports the YMCA's Strong Kids Campaign and that additionally, someone from the YMCA was invited to attend the city council meeting to answer questions that the city council might have; however, they were unable to make it. Mayor Burd entertained a motion to approve a sponsorship for the YMCA Silver Springs Summer Scamper in the amount of $250.00; so moved by Alderwoman Spears; seconded by Alderman Allen. Alderman Spears, who is the city council liaison to the HRC, said that the reason that the HRC did not approve this request is because the committee believes that they had previously sponsored the YMCA on several occasions. Due to the limited funds available, they were hesitant to approve another request from the YMCA until they were able to research when the last sponsorship to the YMCA was given. The HRC felt that the YMCA comes before them frequently with requests for sponsorship, so that even if they missed sponsoring this event, they would have the opportunity to sponsor events in the future. Alderman Allen feels that since we will have another opportunity to show support for this organization and due to the fact that there was no one from the YMCA who was able to attend, that perhaps the council could wait for the next opportunity. Alderman Besco asked if we have a total for what is left in the budget for sponsorship. Alderwoman Spears said that in the current fiscal year, the HRC has granted one sponsorship request in the amount of $250.00. There is $1250.00 left in the current budget for sponsorships. Motion defeated by a roll call vote. Ayes -0 Nays -7 Plocher -nay, Golinski -nay, Besco -nay, Allen -nay, Sutchff- -nay, Munns -nay, Spears -nay CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Powell reminded the city council that they would be required to sign new signature cards for the bank accounts. CITY ADMINISTATOR'S REPORT City Administrator McLaughlin reported on one item from the Chamber of Commerce Board. He said that tonight there was a Climb for Sight fundraiser at Brenart Eye Clinic. The Chamber is supporting this event since Dr. Brenart has played a big role in the Yorkville business community. The purpose of the fundraiser is to support Dr. Brenart's plan to climb Mt. Kilimanjaro to raise funds for third world nations where he does eye work on a pro bono basis. FINANCE DIRECTOR'S REPORT Finance Director Mika said that the budget books would be passed out at the next city council meeting. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief of Police Martin reported that National Night Out will be held on Tuesday, August 5, 2008 from 6:00 p.m. to 8:00 p.m. at four different parks. Also, the Yorkville Safety Fair will be held on Saturday, August 26, 2008 from 10:00 a.m. to 1:00 p.m. in the Old Second Bank parking lot. Chief Martin said that the Raintree Subdivision Festival was a success. The neighborhoods in Raintree were very supportive of this event as there were 250 people who attended. The Minutes of the Regular Meeting of the Citv Council — July 22, 2008 — Mee 9 DIRECTOR OF PARKS & RECREATION'S REPORT Director of Parks and Recreation Mogle reported that on July 26, 2008, the city would hold its second volunteer park build at Cobb Park located on Colonial Parkway. This park build will be smaller than the Hiding Spot Park build that took place in 2007. The park build will start at 8:00 a.m. and hopefully will be finished by 2:00 p.m. Anyone that would like to volunteer to help is invited to stop by. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No Report. COMMUNITY RELATIONS OFFICER'S REPORT Community Relations Officer Spies said that the city is currently collecting school supplies for the Hop on the Bus program which benefits the Kendall County Food Pantry. She also informed the council that the videos of the last three city council meetings are on the website. COMMUNITY & LIAISON REPORT Aurora Area Convention & Visitor's Bureau Alderman Golinski said that at last months Aurora Area Convention and Visitor's Bureau, they approved the marketing plan and the strategic plan for Fiscal Year 2009. They also started a marketing initiative highlighting the Raging Waves water park and it was published in USA Today. The article received attention from several states, so requests for information have been rolling into the convention board. They also renewed a contract with Innovations Consulting for a sports marketing initiative to bring larger sporting events to the area. Cable Consortium Alderman Golinski also reported on last months Cable Consortium meeting. He said that Yorkville is the first consortium community that received a ten day notice from AT &T regarding the start up of their service. The consortium attorney has been in contact with City Admininistrator McLaughlin about the requirements of the ten day notice. One of the things that we want to keep an eye on is that they map their channels to our current channels which are Channel 99 for education, Channel 10 for government and Channel 17 for public access. Human Resources Commission Alderwoman Spears said that on July 15, she attended the Human Resources Commission meeting. The new chairman conducted the meeting and she was very professional and did very well. The two individuals that were being considered for the commission were brought forward and gave a little bit about their background. The meeting time has been changed from 6:00 p.m. to 6:30 p.m. There was also discussion about hiring a minute taker to take the minutes and transcribe them. The approximate cost of this would be around $1000.00 per year. Previously commission members had volunteered to take the minutes at no cost to the city. Alderwoman Spears feels that if we go forward with hiring a minute taker it is setting a precedent and that other adhoc committees may ask for a minute taker. The HRC also discussed a resident's request for help with housing issues. Mayor Burd commented that the HRC is a commission, not an adhoc committee. It is equal to the Plan Commission. Alderwoman Spears feels that the question of hiring a minute taker for the HRC should be brought forward to the city council since it is an issue of spending the taxpayer's money. Mayor Burd said that the HRC will vote on it at the next meeting. Library Board Alderman Allen said that the Library Board welcomed him to the most recent library board meeting as the new city liaison. He had very positive discussions with them. The board was happy that he was there to listen to their concerns. They wanted to assure the city council that they are operating the library in compliance with the applicable state statutes. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT City Council Adopt -a- Highway Cleanup Date Alderman Besco said that Alderman Allen had brought this item to the Public Works committee since the council has not done a highway cleanup in quite some time. The Public Works committee forwarded this to the city council so that a date could be decided that would be agreeable to the whole council. The Minutes of the Regular Meeting of the Citv Council — July 22, 2008 — nage 10 Mayor Burd entertained a motion to approve the date of October 11, 2008 starting at 9:00 a.m. as the Cite Council Adopt -a- Highway Cleanup Date for the clean -up on Rt. 34 from Syacamore Road to Eldamain Road: so moved by Alderman Besco, seconded by Alderman Allen i Motion approved by a roll call vote. Ayes -7 Nays -0 Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye, Mums -aye, Spears -aye, Plocher -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Fox Hill Disc Golf Course Alderman Munns questioned what had been discussed at the public works committee regarding the Fox Hill Disc Golf Course. Alderman Besco said that one concerned citizen had shown up. The committee had talked about aligning the holes so that there was a smaller chance of the discs ending up on the resident's property. He said that Mayor Burd had mentioned that maybe one hole could be moved further north to get it away from that comer. Alderman Besco said that he hoped that the citizens would be willing to work with the city to find a solution. Alderman Munns said that he receives two calls per week from 4 -5 different residents about the disc golf. Parks and Recreation Director Mogle said that they were going to move two of the holes. Alderman Munns also questioned if leagues were going to be allowed to play at the course. He was concerned that if too many leagues were using the course, that the residents wouldn't be able to use it. Director Mogle said that any leagues that want to use the course would have to get approval before using it. Mayor Burd suggested that Alderman Munns should ask the Park Board to consider limiting league play to Yorkville residents only. Team Building Exercise Alderwoman Spears had some questions regarding the team building exercise that the City Council members were supposed to be participating in. She wanted to know if the City Administrator had received any references, if the people providing the training were coaches or counselors, and also if they were credentialed and had certificates for doing this type of training. City Administrator McLaughlin said that he had received two references. The two firms that had used the personality profiling had found it very useful. Alderman Mumps suggested that trainers would be a better description for the services that are being provided. He said that the profile test was only one piece of the exercise. The trainers would use the profile test while telling the council better ways to communicate. He said that once you know your personality type, they would teach you how to use that when you communicate with that same personality type or an opposite personality type. Mayor Burd said that she understood that the Admin committee wanted to get references and move forward. Alderman Besco asked if this is budgeted and what is the expense. Alderman Munns stated that the cost was $125.00 per person and that ten people would be attending for a total of $1250.00. Alderman Allen asked if there was a section of the budget for training that could be used to pay this expense. Alderman Golinski commented that to make this work everyone has to buy into it. Alderman Besco questioned spending the money when four of the aldermen do not have much time left in their terms. He thought it might be better to wait until after the next election. The Minutes of the Regular Meeting of the Citv Council — July 22, 2008 — oa 11 Mayor Burd said that it is up to the Administration Committee Chairman to send it back to committee. Alderman Munns asked City Administrator McLaughlin to check on their credentials and let the council know. If they are credentialed and certified, then he would like to go forward and schedule some dates. Human Resources Commission Alderman Spears wanted to clarify that in the June 24, 2008 city council meeting minutes Alderman Munns had asked if there was any information on the candidate that the HRC members had recommended. Mayor Burd commented that if anyone on any commission or any committee is interested in being chairman, then that person needs to let her know beforehand, as she is the one that makes the appointment. EXECUTIVE SESSION Mayor Burd entertained a motion to into executive session for the purpose of discussing: Litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Allen; seconded by Alderman Golinski. Motion approved by a viva voce vote. Mayor Burd stated that the city council would not be taking any action at the end of the executive session. The City Council adjourned into executive session at 10:08 p.m. The City Council returned from executive session at 10:47 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Golinski; seconded by Alderman Plocher. Motion approved b a viva voce vote. pp Y i i Meeting adjourned at 10:48 P.M. Minutes submitted by: i Lisa Pickering, Deputy City Clerk United City of Yorkville, Illinois i PLEASE SIGN IN MEETING: C► T'i Co u N C i t-- DATE: f7 0a low NAME BUSINESS PHONE # �CW,- L cu 0 T�A W 0 q i r - 7 - 0 rQ m 64tock es cie,/I � I . &- d � � . 5� (q 577-er76 I � I i r k. e S nd rA I n n e �lk� r PLEASE SIGN IN MEETING: C Ty COG n.l C C- DATE: r7 / ,q a /0g NAME BUSIN S PHONE # ao 44 rr1 P�� Qnn �� L 1� �t to (-- �GO J L 17 n g a G 12 A-✓ E L1s 4e 6,o ql� z'erA �p le W e msn.o, v _ M � 1 �b�o�`c 630 3.103gb L�cs �1 Ui ��ll /v SSA 11 3 0 -sS 3 03 1 L / 7 ,� i� 1 n w�� I V E RSo�v 630 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 July 22, 2008, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. D- 851508 REPO • COURT reporting service DUFAGE 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. BOB ALLEN, Alderman; 4 MR. JOSEPH BESCO, Alderman; 1 5 MR. GARY GOLINSKI, Alderman; 6 MR. MARTY MUNNS, Alderman; 7 MR. ARDEN JOE PLOCHER, Alderman; I 8 MS. ROSE ANN SPEARS, Alderwoman; 9 MS. ROBYN SUTCLIFF, Alderwoman. 10 11 12 MR. BRENDAN McLAUGHLIN, City I 13 Administrator; 14 MR. WILLIAM POWELL, City Treasurer; 15 MS. LISA PICKERING, City Clerk. 16 17 A P P E A R A N C E S: 18 BY: MS. KATHLEEN FIELD ORR, 19 appeared on behalf of the United 20 City of Yorkville, Illinois. 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.) 07:12PM 5 MAYOR BURD: Okay. Now we're moving to 1 6 the next item, which is the public hearing for the 7 Cross Evangelical Lutheran Church has filed a 8 petition with the United City of Yorkville 9 requesting annexation and rezoning from Rl to a 07:12PM 10 Planned Unit Development. 11 The real property consists of 25 12 acres and is located at 7481 Mill Road, Oswego. 13 Can I have a motion to open the 14 public hearing. 07:12PM 15 ALDERMAN GOLINSKI: So moved. 16 ALDERWOMAN SPEARS: Second. 17 ALDERMAN ALLEN: Second. 18 MAYOR BURD: We already have a second, 19 Alderman Spears; correct? But thank you. 07:12PM 20 All in favor? 21 (Body of ayes.) 22 Anyone opposed? 23 Okay. Is there someone here? 24 You're already here, sir. Would you introduce Depo•Court Reporting Service (630) 983 -0030 � I 4 1 yourself. 2 MR. JOYNER: My name is Wade Joyner. 3 I'm the attorney for Cross Lutheran and 4 representing the petitioner tonight. 07:13PM 5 MAYOR BURD: Did you want to make a i 6 presentation before -- I - 7 MR. JOYNER: Sure, I can make a brief 8 presentation. 9 MAYOR BURD: Go ahead. 07:13PM 10 MR. JOYNER: This is essentially our 11 proposal to expand the existing Loving Arms 12 facility. 13 As you all may know, there is a 14 daycare and other use center there now, and what 07:13PM 15 we are looking to do is in the short -term build a 16 12,600 square foot addition to that because the 17 demand for the daycare has increased greatly, and 18 also our long -term plan for this site has always 19 been to use it as a second place to expand our 07:13PM 20 ministry and begin worshipping there. 21 With all the growth that's happening 22 on that side of Yorkville, Grand Reserve, 23 etcetera, it's a good place to expand. 24 It is next to where New Life is Depo•Court Reporting Service (630) 983 -0030 5 1 going to also go and which this City Council 2 approved the annexation of New Life with a 3 commercial surrounding the New Life property. So 4 the property contains both the space for the 07:14PM 5 church and commercial around it. 6 With that in mind and after working 7 with staff and actually working with Kendall 8 County to decide whether or not to annex or not 9 annex, ultimately we decided to go ahead and annex 07:14PM 10 the property into Yorkville, in part, so we could 11 tap into the City's, as well as Fox Metro's 12 services, and long -term it just seemed to make a 13 lot of sense. 14 So what you have before you attached i 07:15PM 15 as Exhibit C to our Annexation Agreement is the I I 16 Concept Plan for the -- for the project. And what 17 you see is the existing facility labeled Existing 18 Facility and then the Loving Arms expansion, the 19 property -- the building we're looking to 07:15PM 20 construct in the short -term. 21 In terms of the rest of the 22 property, our thought is on the north end to use 23 that to build a full worship center, a full church 24 and community center at the time the community is Depo•Court Reporting Service (630) 983 -0030 6 1 ready for it and at the time that we have the 2 finances to move forward with it. 3 Now we have the finances to do the 4 expansion that's noted but we don't have -- we 07:16PM 5 aren't ready to go with the rest of it. 6 The other -- the other thing you'll 7 notice down in the southwestern corner is 8 something labeled B -3 zoning. What we decided to 9 do and I'm working with staff is to create that as 07:16PM 10 a 4.14 acre commercial zone because it dovetails 11 nicely with the commercial on the New Life 12 property that's adjacent to it. The thought being i 13 that a commercial developer who comes in would 14 perhaps want some additional land for commercial 07:16PM 15 purposes, and, so, therefore, we thought it made 16 sense to go ahead and segregate this piece in 17 order to facilitate that if and when it happens. 18 Our opinion is that it would not be 19 developed as a business /commercial development, it 07:17PM 20 would be in conjunction with the property to the 21 west just because we think it's unlikely that a 22 developer will want to take a 40 -acre piece in 23 isolation and have it for commercial use. You 24 never know, but that's our thought. Depo•Court Reporting Service (630) 983 -0030 7 1 And so that may very well be 2 something that could fund our building of the 3 community center and the worship center. 4 We intend to have some recreational 07:17PM 5 areas in the back where the retention and the open 6 space are mentioned, perhaps using the retention, 7 which we think will be dry retention, for soccer 8 fields, and I know there is going to be some very 9 preliminary discussions with the Yorkville Park 07:17PM 10 District about whether they would be interested in 11 using those once they got that constructed. 12 So, again, we're trying to work with 13 the community on this. 14 In terms of the petition, we've been 07:18PM 15 through the whole process. Your packet shows the 16 votes of the Plan Commission. Everyone was in 17 favor of annexation. There were four votes in 18 favor of this Concept Plan. There were two that 19 didn't like the business zoning, but others 07:18PM 20 thought it was a wise business decision and made 21 sense and was consistent with what you had done to 22 the west. 23 At the EDC meeting there was not any 24 objection to the proposed Concept Plan. There was Depo•Court Reporting Service (630) 983 -0030 8 1 one, one neighbor to the north who appeared and 2 did not have an objection to the project, was in 3 favor of it and mentioned that we seemed to be 4 good neighbors and we hoped we would continue to 07:18PM 5 be good neighbors. We're actually in the business 6 of being good neighbors. That's what the church i 7 is all about. So we would, of course, do that. 8 We've also gone through an 9 Annexation Agreement, a couple of drafts with 07:19PM 10 staff. We used the New Life Annexation Agreement 11 as the template because of the obvious 12 similarities and we didn't want to reinvent the 13 wheel. 14 You know, I'm hopeful that you will 07:19PM 15 approve the annexation and we can begin our 16 expansion and begin becoming more involved with 17 the Yorkville community on the north side as we 18 are on the south side. Thank you. 19 MAYOR BURD: Okay. We would like to 07:19PM 20 open comments to the public. If anyone has 21 questions or wants to make a statement in regards 22 to this development, would you please come up to 23 the podium, state your name for the record. Is 24 there anyone here who would like to ask a question Depo•Court Reporting Service (630) 983 -0030 9 1 or make a statement? 2 Seeing that there are no questions 3 from the public, are there any questions from the 4 aldermen who would like to -- 07:20PM 5 No questions. Okay. Can I -- oh, 6 Alderman Sutcliff, is there something you want to 7 say? 8 ALDERWOMAN SUTCLIFF: I don't really 9 have a question, but I have just a comment. It's 07 :20PM 10 a nice idea, and through the Planning Commission, 11 the neighbor directly to the north of them said he 12 was fine with it, and he would be the closest 13 neighbor at the time (inaudible). 14 MAYOR BURD: Okay. And we -- can I 07:20PM 15 entertain a motion to go out of public hearing 16 then? t 17 ALDERMAN GOLINSKI: So moved. 18 ALDERWOMAN SPEARS: Second. 19 MAYOR BURD: All in favor? I 07:20PM 20 (Body of ayes.) 21 Anyone opposed? That's it, I 22 guess. Thank you. 23 MR. JOYNER: Thank you. 24 (WHEREUPON a portion of Depo•Court Reporting Service (630) 983 -0030 10 1 the proceedings was not 2 herein transcribed.) 3 MAYOR BURD: Next item on the agenda is 4 a public hearing, HRM Properties and Development, 07:22PM 5 LLC, petitioner, has filed an application with the 6 United City of Yorkville requesting a site plan 7 amendment to the Planned Unit Development and a 8 special uses -- a special use for a gasoline 9 service station and two drive -thru facilities. 07:22PM 10 The real property consists of 11 approximately 6.14 acres, and it's located at the I 12 northeast corner of U.S. Route 34 and Cannonball 13 Trail in Yorkville. 14 ALDERMAN GOLINSKI: So moved. 07:23PM 15 MAYOR BURD: Entertain a motion to go 16 into public hearing. 17 ALDERMAN GOLINSKI: So moved. 18 ALDERMAN BESCO: Second. 19 MAYOR BURD: All in favor? 07:23PM 20 (Body of ayes.) 21 Anyone opposed? 22 We now are in public hearing for 23 this development. 24 MR. KRAMER: Good evening, Mayor. My Depo•Court Reporting Service (630) 983 -0030 11 1 name is Daniel J. Kramer. My address is 1107A 2 South Bridge Street, Yorkville, Illinois, and I 3 represent the petitioner, HRM Properties, who are 4 the owners of the property. 07:23PM 5 As you've indicated, the purpose of 6 the meeting tonight is to get the public hearing 7 on the PUD amendment agreement itself. 8 We went through the public hearing 9 at Planning Commission on the land use request to 07:23PM 10 amend the Planned Unit Development and to clean up 11 some of the aspects of it. 12 As the Mayor indicated, it is a 6.14 13 acre parcel that's located at the northeast corner 14 of the intersection of Cannonball Trail and Route 07:24PM 15 34. 16 We think the salient point about the 17 property is that there has been tremendous growth 18 and change at that corner. Since this was last 19 revisited back in 2000, the original Planned Unit 07:24PM 20 Development, we've had a huge expansion with 21 Yorkville Marketplace. You're also considering 22 currently the Sexton family development 23 immediately to the west of that. 24 We've had total build -out of a Depo•Court Reporting Service (630) 983 -0030 12 1 commercial area on the southeast corner or 2 quadrant of that intersection as commercial and 3 retail and office. 4 On the southwest quadrant we've had 07:24PM 5 build -out in terms of commercial, retail and also i 6 huge growth in the Kendall County Government 7 Center, not only in courthouse expansion but in a 8 whole new health department building that hadn't 9 been contemplated back in the year 2000. 07:24PM 10 With respect to the PUD amendment, 11 we're asking for a number of changes. First of I 12 all, we're asking that the property be classified 13 under your new ordinance as PUD. 14 Secondly, we're asking that the PUD 07:25PM 15 be amended to permit the gas station use that ' I 16 we've talked about at all previous meetings and in 1 17 your packet on Lot 1 of the proposed development. 18 Lot 2 there is an identified bank 19 user. Lot 3 would be a strip center, an office I 07:25PM 20 center and restaurant, that does have a drive -thru 21 for one drive -thru on the east end. There would 22 not be a second drive -thru on the west end, which 23 is a clarification on the agreement that Travis 24 made. So we all understand there is not two I Depo•Court Reporting Service (630) 983 -0030 13 1 drive -thrus there. 2 We've also asked to amend the text 3 of the PUD to permit 24 -hour operation of the 4 convenient store and gas station. Now it has 07:25PM 5 limited hours. � I 6 There was some language in the 7 original Planned Unit Development agreement back 8 in 2000 before the large Blackberry interceptor 9 went through for sanitary sewer purposes that 07:26PM 10 Yorkville - Bristol Sanitary District did not have 11 adequate capacity to handle this particular 12 property. We're asking that that language now be 13 amended since the Yorkville - Bristol certainly does 14 have that capacity and this particular parcel was 07:26PM 15 figured into the capacity loads. 16 In terms of the PUD, we're also 17 asking to amend two respects that border on 18 landscaping and configuration. Number one, we're 19 saying that the text of the document, that we 07:26PM 20 would comply with the much stricter landscaping 21 code that now is in effect in the United City of 22 Yorkville. We did submit a preliminary landscape 23 plan. Staff made some comments on it. We need to 24 beef it up by 12 trees overall, but it otherwise Depo•Court Reporting Service (630) 983 -0030 14 1 does conform to the current tougher codes. We are 2 asking for a change in the landscaping area at the 3 north side of the property which we think makes an 4 awful lot of common sense. 07:27PM 5 If you look where the driveway -- i 6 and I'll turn it slightly both for City Council's 7 benefit and audience benefit. If you see where 8 the western street intersection would be with 9 Yorkville Marketplace, the geometrics, if you 07:27PM 10 brought that straight across, would clip the 11 residential property to the north, and that house 12 literally would have a street or an entrance right I 13 in its front yard. 14 The existing PUD says there should 07:27PM 15 be a 400 -foot landscape easement. So something 16 has to give not to have a road into their 17 driveway. 18 We're proposing a green buffer area. 19 As disclosed on our Concept Plan, that would be 07 ;27PM 20 the rear yard of a daycare center, which, again, 21 is an identified user. It would be buffered with 22 fence, landscaping, and then an inside fence that, 23 in fact, serves under DCFS rules as far as 24 playground area for the children. I think it Depo•Court Reporting Service (630) 983 -0030 15 1 would be a good fit in terms of a good neighbor in 2 that they do not operate at night. It would be 3 much like the daycare center that we have at the 4 corner of Cannonball and John Street going to the 07:28PM 5 courthouse. 6 So those are the changes that we're I, 7 asking for in the written agreement. We would ask 8 that you allow any public comment. We would 9 reserve the right to comment on that, and then we 07:28PM 10 can see what questions there are about the 11 agreement. Thank you. 12 MAYOR BURD: Thank you. i 13 Now, I would ask that people wishing 14 to make comment tonight come up to the podium, 07:28PM 15 state your name for the record, and if there are 16 people, numerous people here with the same 17 concerns, if you would try not to repeat the same 18 concerns but consolidate them for time sake, I 19 with appreciate it. I think the whole City 07:29PM 20 Council would appreciate it. But, otherwise, 21 we're here to hear. 22 So, yes, Anne Lucietto, Chairman of 23 the Plan Commission, would you please come forward 24 and -- Depo•Court Reporting Service (630) 983 -0030 16 1 MS. LUCIETTO: Thank you. Normally the 2 Planning Commission doesn't come. I think you 3 guys realize that; however, we're here to support 4 the vote that we've made in June at our meeting. 07:29PM 5 As you can see, I have a -- unfortunately a lot of 6 paperwork I had to go through. 7 Basically we felt that only a part 8 of what we had said and what we had discussed in 9 the meeting was heard. I did talk to some of you 07:29PM 10 guys and I talked to a number of the Planning 11 Commission members and they were a bit upset about 12 that. So I asked a couple of the Planning 13 Commission members that I could get a hold of to 14 please write a letter, and you have two in your 07:30PM 15 packet, and I also have two of the Planning 16 Commission members here this evening that would l 17 also like to just share their personal thoughts 18 about some of the things that we discussed so that 19 you understand a little bit better what actually i 07:30PM 20 happened in that forum. 21 Generally we're open to changes of 22 PUDs. We think that's a good thing because things 23 do change over time and we consider those changes 24 very carefully. Depo•Court Reporting Service (630) 983 -0030 17 1 I'm going to ask that you not 2 consider the notes as hard and fast quite yet 3 because I think there are going to be some changes 4 that the Planning Commission is going to ask to 1 07:30PM 5 make or have things reviewed. 6 As I went through, I found a couple 7 of things just very quickly scanning. However, we 8 did indicate in favor of the driveway. We thought 9 that was okay. And the daycare was just fine. We 07:30PM 10 had no trouble with that. We did have a problem 11 with 24/7 operation. 12 Just to go back a little bit, this I 13 property was first touched 20 years ago, and I 14 remember it just after we moved into the area, and 07:30PM 15 then in 1996 it came up again, and then again in 16 2000 is when we spent about five months putting 17 together a PUD that was amenable to everybody 18 involved. We were happy with density. We had, in 19 the past, if you look at some of the old notes and i 07:31PM 20 stuff, you'll find that there were duplexes and 21 some other housing units and stuff like that that 22 was actually planned to go in there, and we didn't 23 think that that was the appropriate use of that 24 place, and so we encouraged some commercial, but Depo•Court Reporting Service (630) 983 -0030 18 1 then we started -- we worked on that and we really 2 encouraged 24/7 -- to stay away from the 24/7 type 3 of commercial. 4 So we're not in favor of the gas 07:31PM 5 station. Dan did ask us that and we clarified 6 that, but I want to make sure that everybody knows 7 that the reason the Planning Commission did not do 8 that was because of that 24/7 aspect. That's 9 something that we felt strongly about. i 07:31PM 10 Things we considered and we did 11 discuss with them are things over the years, and 12 I'm not talking about this particular plan, but 13 over the years, the things we looked at were the 14 same issues that came up with Kendall Marketplace. 07:31PM 15 We were worried about lighting, hours of 16 operation, berming, landscaping, access, impact to 17 the road and all those things, and they have 18 talked about that and we're in complete agreement 19 with some of those plans. So that's fine. i 07:32PM 20 I think the thing that kept coming 21 up that I wanted to point out to you is the word 22 integrity. I kept hearing it from my Planning 23 Commission members, and it was sort of bothering 24 me because I felt like we really worked hard to Depo•Court Reporting Service (630) 983 -0030 19 1 put a plan together in 2000. We looked it over 2 and now we're trying to change the hours of 3 operation. We just felt very strongly about that 4 and I wanted to share that with you. 07:32PM 5 And, again, the minutes are not 1 6 approved, so please don't take them to heart. 7 There were a couple points that I found in there 8 that I think motions, nods of heads and stuff like 9 that that we caught were not captured on the 07:32PM 10 minutes. So there is some issues that we have 11 there. 12 I am going to ask that the City 13 Council recognize two of the Planning Commission 14 members. Sandra Adams is the first one and the 07:32PM 15 second one will be Michael Crouch, and they will 16 give you their feelings and thoughts about this as 17 well. And I appreciate your time. Thank you. 18 MAYOR BURD: Sandra, would you please i +19 come forward. 07:33PM 20 MS. ADAMS: Sandra Adams, Planning 21 Commission. 22 We have had a PUD agreement in place 23 since the year 2000. The City has worked very 24 hard to put a plan together that was acceptable to I Depo•Court Reporting Service (630) 983 -0030 I 20 1 all parties. This new proposal I believe as a 2 commission would have a negative impact at this 3 point. Thank you. 4 MAYOR BURD: Mr. Crouch. 07:33PM 5 MR. CROUCH: My name is Michael Crouch. i 6 I live at 506 Blaine Street, and I'm a member of 7 the Planning Commission. I'm not going to repeat 8 everything that was in the letter that I think was 9 in your packet, but I would like to point out a 07:33PM 10 couple of things. 11 First of all, as has been said, this 12 has been before the Planning Commission several 13 times. As Anne went through, we've talked about 14 it. We've met many times considering the needs of 07:34PM '15 the city, as well as trying to balance the people 16 that live nearby. 1 17 As I indicated in my letter, there 18 are issues with the gas station, particularly in 19 terms of issues of runoff. There were some 07:34PM 20 comments in the paper regarding lots and lots and 21 lots of properties running off to Blackberry Creek 22 in terms of water runoff. 23 I don't know how many of those 24 properties are adjacent that actually are on well Depo•Court Reporting Service (630) 983 -0030 21 1 and septic, and these people from back to the time 2 when the water was run up along Cannonball Trail 3 have had grave concerns about their wells, and I'm 4 sure they have those same concerns now. 07:34PM 5 I think the Planning Commission has 6 tried to be fair. As I suggested in my letter, I i 7 have no doubt this property will be developed. I 8 think something much, much, much less intensive, 9 certainly not a 24/7 operation, certainly not a 07:35PM 10 gas station, certainly not something with the kind 11 of lighting issues that are going to be intrusive 12 on the people that live nearby. Those are my 13 concerns, and I think they were concerns of some 14 of my fellow commissioners. 07:35PM 15 So I hope the City Council would 16 listen carefully to what they have said and also i 17 what the people of that area say because as I 18 indicate in my letter, these people feel like they 19 compromised already more than once. They would 07:35PM 20 like just to have the quality of life that they 21 presently have or even more. Thank you. 22 MAYOR BURD: Is there someone else who 23 would like to speak? 24 MR. BUCK: Hi. Good evening, Depo•Court Reporting Service (630) 983 -0030 22 1 Mrs. Mayor, members of the City Council. Carl 2 Buck on behalf of the Cannonball Trail Civic 3 Group. 4 There are three points that I want 07:35PM 5 to make without trying to rehash the information 6 that's been presented from the Cannonball Trail 7 Civic League and the other people that I know want 8 to talk. 9 The plan that's being presented to 07:36PM 10 you is a change in the Annexation Agreement and 11 the PUD Agreement that is totally -- it changes 12 the concept totally of what was done initially 13 when this agreement was entered into. And I 14 understand that this agreement was, in essence, a 07:36PM 15 contract. It was a contract with the owner of the 16 property at that time and the City of Yorkville, 17 and they agreed that this is what they were going 18 to do to manage the development of this property. 19 And when the developer, at that time 07:36PM 20 the owner, sold the property to HRM, the 21 petitioner now, they looked at the property and 22 they looked at this plan, which was the plan that 23 was approved back in 2000, and they made a 24 financial assessment of this plan and they decided Depo•Court Reporting Service (630) 983 -0030 23 1 they could buy this property under this plan and 2 they could make a profit developing this property 3 as it was. 4 So I would suggest to you that no 07:36PM 5 matter what evidence you hear today, there is j 6 going to be no evidence that's going to meet the 7 first two tests of your special use ordinance, 8 which is really what we're arguing about here, and 9 that's damage to the adjacent property owners and 07:37PM 10 use of the property. 11 There is three points that I want to 12 make along that line. I think they are the three 13 biggest ones. Mr. Kramer, who was previously 14 talking about the 400 feet, and what the agreement 07:37PM 15 actually says -- let me just find it real quick 16 here. It says that the Site Plan attached here is 17 modified to provide that a minimum distance of 400 18 feet shall be maintained between the northern 19 property line of the subject property and the 07:37PM 20 commercial center for the business shown on the 21 subject site. 22 Now, that's the original agreement 23 that you have. So that meant that 400 feet from 24 the northern property line down was going to be Depo•Court Reporting Service (630) 983 -0030 24 1 office. 2 Now, in Mr. Kramer's initial 3 remarks, he indicated that the daycare center that 4 they're proposing here on Lot 4 is one of the 07 :37PM 5 permitted uses on the original agreement, and it's j 6 not. It's permitted under the B -1 and B -2, which 7 is the 400 -- which is less than 400 feet on the 8 southern portion of the property but not on the 9 initial 400, and that's really important because 07:38PM 10 when Mr. Kramer was talking about the green space 11 that they provided, you'll see that the original 12 plan that your Plan Commission and your City I 13 approved in 2000 contemplated green space and 14 contemplated a transitional use. They 07:38PM 15 contemplated having office up here with green 16 space to buffer the retail and the commercial that l 17 was going to be developed on the hard corner. 18 That's being taken away now because 19 you're going have a daycare and it's going to have 07:38PM 20 significantly more traffic and it's not, even 21 under your current plan, it's not an office use. 22 So that is one conceptual change, and it's a major 23 conceptual change. 24 The second one is that -- the hours Depo•Court Reporting Service (630) 983 -0030 25 1 of operation, and I know that one of the Plan 2 Commission already -- or the Chairman of the Plan 3 Commission already spoke about this, but in the 4 original agreement the hours of operation are 07:38PM 5 limited on a commercial from 6:00 to midnight and i 6 it stops at midnight, and we were able to obtain 7 some of the records from the drafting of the 8 document, and even your own staff suggested that 9 that be scaled back and it wasn't. 07:39PM 10 In the proposal that you have that's 11 on your agenda for approval there is no limit of 12 operation, and that's in paragraph -- it's in the 13 proposal to change the Annexation Agreement. I 14 tried to pull it out here as I was going through 07:39PM 15 it. It's right in the recitals. And that's being 16 proposed to be taken out. So there is going to be 17 no limit of operation on that. 18 And the last thing that I want to 19 talk about in terms of the concept is in the 07:39PM 20 original recitals of the Annexation Agreement that 21 was entered into, it specifically referenced that 22 if there was going to be a change, the change with 23 respect to the office could be done by a petition, 24 and the owner didn't have to pay a fee or do Depo•Court Reporting Service (630) 983 -0030 I 26 1 anything. He could come in and modify his office 2 use. And that meant if he wanted to put office 3 use down here, he could do that. But if he wanted 4 to change any of the commercial use down here, he 5 had to come in and file a petition, and then he i 6 had contemplated the northern portion up here was i 7 going to be a transitional area and it was a 8 commercial area down here. So when this i 9 agreement, this contract, this handshake, if you 07:40PM 10 will, on paper was made everybody agreed that this 11 was going to be transitional up here and it was 12 going to come down to commercial and retail on the I 13 hard corner. 14 Now what you're talking about is not 07:40PM 15 that. They're talking about totally not only 16 increasing the density, increasing the traffic, 17 and you all know from the Kendall Marketplace 18 case, which was not only an arduous process 19 through the City Council but an arduous process 07:40PM 20 through the courts, and they spent an immense 21 amount of time and effort and energy and dollars 22 limiting the traffic on Cannonball Trail, moving 23 things back, creating setbacks, creating berming 24 to reduce the effect on the adjacent property Depo•Court Reporting Service (630) 983 -0030 27 1 owners. 2 Putting a gas station and increasing 3 the density here and modifying this existing 4 agreement, which the developer, having purchased 07:40PM 5 it, has already agreed we're making money, is 6 going to increase that traffic, increase that 7 density and totally, totally change the original 8 agreement that you had in place with them, and i 9 that's why under no set of facts can the first two 07:41PM 10 standards here be met, and that's why we believe 11 that you should deny any amendment to the 12 Annexation Agreement on the contract they entered I 13 into. Thank you. 14 MAYOR BURD: Is there anybody else who 07:41PM 15 would like to speak? 16 MS. DUBAJIC: I'm Lynn Dubajic, 17 Executive Director of the Yorkville Economic 18 Development Corporation. I wanted to speak to the 19 changes that have occurred obviously in that -- at 07:41PM 20 that intersection or nearby and speak to the 21 amount of employment that has taken place and at 22 the cost of actually taking place in the next 23 upcoming month at that intersection due to the 24 government center, the healthcare center, and Depo•Court Reporting Service (630) 983 -0030 28 1 obviously the shopping center. 2 There was a potential to have nearly 3 3,000 people working at or near that intersection, 4 which is actually a figure that is higher than the 07:42PM 5 current amount of people that work in Yorkville at i 6 this time, and as we all know, fuel is a 7 necessity. 8 So I just wanted to speak to the 9 fact that you have a tremendous amount of people 07 :42PM 10 that will be working there, along with people that 11 will be coming there to be served, whether it is 12 commercially or for the government center or with 13 healthcare needs. So it seems that fuel would be 14 a necessity for many of those people. Thank you. 07:42PM 15 MAYOR BURD: Martha. 16 MS. PRICE: I'm Martha Price. I live at 17 29 Hickory Lane in Yorkville. 18 You have received a lot of 19 information from us about the PUD on the northeast 07:42PM 20 corner, of course, that we are talking about. As 21 you probably discerned by now that we are mostly 22 concerned about the environmental aspects of a 23 potential gas station and a car wash there. 24 You received an Executive Summary of Depo•Court Reporting Service (630) 983 -0030 29 1 the Blackberry Creek Corridor Ecological 2 Assessment commissioned by this Council in 2002 3 and an Executive Summary of the Blackberry Creek 4 Watershed Alternative Features Analysis and a Soil 07:43PM 5 Report from the U.S. Department of Natural .6 Resources Conservation Services which indicates 7 that the only really favorable, or as the report 8 puts it, unlimited use of that corner is dwellings 9 with basements. 07:43PM 10 Ironically what was planned there 11 meets twice in the history of this corner, and you 12 have the extensive history, I believe, of this 13 corner. 14 You will note that the soil there is 07:43PM 15 at high risk for groundwater contamination and not 16 a good filtering type of soil. This makes the 17 underground detention and retention a concern. 18 Also, this soil type is our concern 19 since Blackberry Creek is only 1,000 feet away and 07:43PM 20 there are private residential wells to the east 21 and north of this corner. Additionally, there is 22 a private pond to the south. 23 Your new Comprehensive Plan includes 24 goals having to do with protecting global Depo•Court Reporting Service (630) 983 -0030 30 1 watersheds. This property is part of the 2 Blackberry Creek Watershed. We would hope you 3 want to honor those goals. 4 In case you did not have time to 07:44PM 5 read through the extensive amount of information 1 6 that you received for this meeting, I would like 'i 7 to quote just a few things from that material 8 which I hope you will take into consideration and 9 help you to make a good environmental decision. 07:44PM 10 From testimony before the 11 Subcommittee on Environmental and Hazardous 12 Materials, Committee on Energy and Commerce House 13 of Representatives given in 2002 by the director 14 of national resources and environment that -- this 07:44PM 15 is a quote -- "There is increasing concern that 16 our nation's waters are becoming contaminated with � I I 17 MTBE," and that's at the end of that quote. "The 18 MTBE is an additive to gasoline which is supposed 19 to help cut down pollution." A further quote, 07:44PM 20 "MTBE could pose risks to human health, especially 21 as a contaminant in drinking water wells. MTBE � 22 should be regarded as a potential cancer - causing 23 risk to humans," unquote. 24 From the U.S. Environmental I Depo•Court Reporting Service (630) 983 -0030 i 31 1 Protection Agency, quote, "Even with the most 2 ideal regulations there will continue to be 3 equipment failures and installation mistakes which 4 will result in releases of fuel to the 07:45PM 5 environment. In addition to underground storage I 6 tanks, there are many other potential sources of 7 MTBE contamination, such as gasoline spills from 8 automobile and tanker truck accidents, gasoline 9 spills and drips from refueling automobiles," 07:45PM 10 unquote. 11 Another report from the U.S. EPA 12 gives the activities of the leaking underground 13 storage tank or LUS Fund, which is funded by a one 14 cent tax on each gallon of motor fuel sold 07:45PM 15 nationwide and brings in approximately 70 million 16 dollars a year. Corrective action for leaks that 17 affect groundwater typically cost from 100,000 to 18 over one million depending on the extent of the 19 contamination. The presence of MTBE can lead to a 07:46PM 20 substantial increase in cleanup and drinking water 21 treatment cost. I 22 Even with all of this money which 23 can go to individual states, Illinois has a 24 cleanup backlog of 7,006, and the number of Depo•Court Reporting Service (630) 983 -0030 32 1 cleanups in the backlog for the entire nation for 2 2008 is 106,577. 3 The number of emergency responses to 4 leak and runoff problems in just Illinois for the 07:46PM 5 first half of fiscal year 2008 was 1,852. There i 6 are 22,351 active tanks in Illinois and 64,031 7 closed tanks as of the date of the report. 8 Obviously a lot of gas stations close. 9 From that midyear report, 1,514 07:46PM 10 inspections were reported as having been done, and 11 of those, 335 sites were identified as being 12 ineligible for delivery or acceptance of product. 13 It seems with these environmental 14 risks, another location along Route 34 would be 07:47PM 15 best for an additional gas station, a location 16 that is not so close to long- established 17 residences with private wells and Blackberry Creek 18 and a pond. 19 In trying to attract shoppers to 07:47PM 20 Kendall Marketplace, something closer to the west 21 side of the center, such as Beecher Road, would be 22 more appropriate, and it's even more appropriate 23 if there is a future extension of Beecher Road. 24 There would be more traffic there than Cannonball, Depo•Court Reporting Service (630) 983 -0030 33 1 and it would certainly catch motorists coming and 2 going from the medical center and courthouse. 3 The corner of Cannonball and Route 4 34 is also where the Sheriff's Department 07:47PM 5 emergency vehicles access Route 34. Sometimes 6 rather quickly. This could add to the traffic 7 problem at the corner and I think this should be i 8 considered. 9 As was mentioned during the public 07:47PM 10 hearing at the Plan Commission, the economic 11 factor is important for the city but should not be 12 the only consideration. 13 Thank you for your consideration of 14 our environmental concerns and for the integrity 07 :48PM 15 of keeping an agreement such as the current PUD. 16 Thank you. 17 MAYOR BURD: Is there anyone else who 18 would like to speak? 19 AUDIENCE MEMBER: Can I just ask a 07:48PM 20 question? I don't really want to speak. I mean, 21 you're talking about 3,000 jobs? Are those extra 22 jobs, because you were talking about -- I mean, 23 there is already people working there. 24 MS. DUBAJIC: Right, it's the potential Depo•Court Reporting Service (630) 983 -0030 34 1 of the three that are officially involved in the 2 center, the shopping center, and the medical 3 campus would be about 3,000 people. 4 AUDIENCE MEMBER: And over how long a 07:48PM 5 period of time do you expect that accumulation? 6 MS. DUBAJIC: Say, three years; three to 7 five years. It could be up to five years. 8 MAYOR BURD: Please state your name and 9 your address for the record. 07:48PM 10 MR. HENNE: Hi, I'm Verne Henne, and I 11 live in Yorkville, Illinois. And there is -- you 12 can talk about gas stations all night long. But 13 at any rate, everybody bought the property in 14 Yorkville, and I don't have any animosity towards 07:49PM 15 Harold, I know he's out to make a dollar, and 16 that's fine and I understand that, but I do know 17 what MTBE is and I also know what is happening to 18 gas stations right now due to ethanol and so on 19 and so forth, but it still boils down to one 07:49PM 20 thing. We went through and figured out what it 21 was going to be, spent numerous hours, figured it 22 all out and said -- everybody said, good, this is 23 what it's going to be. So we all hung our hat on 24 that. Depo•Court Reporting Service (630) 983 -0030 35 1 Now, we can argue about all this 2 stuff all night long, but we, as people, hung our 3 hat on you. You said this is what it's going to 4 be. 07:49PM 5 Now, I understand you might want to 6 clip a corner here or do this or do something a 7 little different here and there. I understand 8 that, but not change the whole thing. So, 9 actually, if you do change the whole thing, all 07:49PM 10 that time previous to this is a waste of time and 11 we hung our hat on a dry well. 12 So I guess the most important thing 13 I can say tonight is sometimes you just have to go 14 with what it is because everybody knew what it 07:50PM 15 was. I knew what it was. Harold knew what it 16 was. Dan knew what it was. Everybody in this i 17 room knew what it was, and now it's going to 18 impact us. MTBE is a nasty chemical. So thank 19 you very much. Have a nice night. 07:50PM 20 MAYOR BURD : Thank you. 21 Anyone else like to speak? Yes, 22 sir. Man in the orange shirt. 23 MR. JOHNSON: Hi, I'm Mark Johnson, 204 24 Georgeanna, Yorkville. Depo•Court Reporting Service (630) 983 -0030 36 1 On July 18th, 2008, St. Louis T.V. 2 radio KMOV said, According to industry trends, 3 about 3,000 gas stations are now closing across 4 the country each year. Startled motorists quickly 07:51PM 5 found there was no gas to be had in a BP station 6 on Chippewa in St. Louis Hills. The industry says I 7 stations are closing up under the tremendous 8 financial pressure brought on by high gas prices. 9 Credit cards are one of the biggest problems 07:51PM 10 costing 10 cents a gallon. Stations say more 11 customers than ever are paying with credit cards 12 because they're financially strapped. 13 Milwaukee Journal Sentinel, May 14 2008. The operator Currow (phonetic) has been 07:51PM 15 thinking about shutting his gas pumps down for 16 about a year. He has complained to the supplier 17 about prices. When he shut down his pumps, he was 18 charging 3.59 a gallon, 12 cents higher than his 19 competing stations nearby. Even at 3.59, I was 07:51PM 20 making 15 cents, but I was still giving 10 of 21 those cents to MasterCard. 22 Nationally the Association of 23 Convenience Stores estimates that sales rose 12 24 percent, but profits fell 23 industrywide last Depo•Court Reporting Service (630) 983 -0030 37 1 year, and for the first time credit card fees were 2 higher than the industry's profit. 3 Lower margins on the sale of fuel 4 and credit card fees were the two main factors 07:52PM 5 behind the drop in profit, the Association said, 1 6 as profit margins on the sale of fuel dipped to I 7 their lowest point since 1983. 8 Until January, Orman (phonetic) or 9 predecessors of this other area sold gasoline on 07:52PM 10 that corner since 1938. He says he never made 11 much money selling gas but started seeing margins 12 nosedive last year when gas prices rose, and then 13 you listen to the public and they say we're 14 gouging them. Who needs to listen to that. I 07:52PM 15 need to have my head examined. I'm sure some of 16 you aldermen think that some nights here. i 17 I can go on and on with the reports i 18 I see in the news about gas stations closing 19 around the U.S. The stations are making their 07:52PM 20 money on the beer and liquor sales and other 21 conveniences. 22 Maybe gas prices will settle down 23 and maybe they won't. Even Jim Oberweis at the 24 town hall meeting over at the old courthouse Depo•Court Reporting Service (630) 983 -0030 38 1 tonight talked about gas prices. Why do we need 2 more gas stations in town? We have three from the 3 south, two from the north, two from the east, and 4 two from the west. That doesn't include the ones 07:53PM 5 in Plano and on Orchard Road. I also assume there 1 6 are more planned. Usually they follow Wal -Mart 7 and they're out in front of the major shopping 8 centers. I'm certain they have already asked for 9 liquor licenses, too. My belief is that we have 07:53PM 10 had -- we have enough liquor outlets in this city 11 already. 12 I believe, like many others here 13 tonight, that this space should be reserved for an 14 office complex or something that will fit with the 07 :53PM 15 existing neighborhood. I don't believe we need 16 another gas station or another bank. Please don't i 17 ask me what I think of the banking industry and 18 whether we need one more bank in our city. My 19 answer is simply: Gas stations and banks, we 07:53PM 20 don't. Thank you. 21 MAYOR BURD: Is there anyone else who 22 would like to make a comment? 23 MR. MARSHALL: Phil Marshall, 11 Amanda 24 Lane. I've been a neighbor for about 12 years and Depo•Court Reporting Service (630) 983 -0030 39 1 I've had the pleasure of attending several of 2 these sessions, and after listening to all of 3 this, I recall several sessions where you were 4 dealing with the problem of 34 and 47 where that 07:54PM 5 gas station closed and City Council had a 6 relatively difficult time, if I recall, trying to 7 find something they can put in there on top of 8 that ground due to the contamination. So 9 expanding the problem to Cannonball's poor soil 07:54PM 10 doesn't seem to make sense to me. 11 MAYOR BURD: Is there anyone else who 12 would like to make a comment? 13 MR. PRICE: I'm Kyle Price, and I've 14 lived in our present house 37 years. I've been in 07:55PM 15 Yorkville for 45 years. And when I first came to 16 Yorkville, there were gas stations, several of 17 them. None of them are still in operation, but 18 some of the buildings are still there. I would 19 call them white elephants. Are we going to have 07:55PM 20 another white elephant if we place another one on 21 Cannonball and 34? 22 We had one at 47 and 34. Now there 23 is a nice bank there, which is certainly better 24 looking than the closed Mobil station at that Depo•Court Reporting Service (630) 983 -0030 40 1 time. 2 So things don't always last forever, 3 of course. Change is okay. It's going to happen. I 4 But keep in mind that there is a lot of changes in 07:55PM 5 the attitude towards the environment and 6 towards -- towards people, but basically Matt 7 Woodin (phonetic), who I know quite well, 8 indicated how nice a community they live in and 9 how nice and helpful the people are and so forth, 07:56PM 10 and everyone in this room has been here for a long 11 time and they put a lot into this community, and 12 this is why people like our community. 13 And, you know, jobs are important, 14 and unfortunately there is a lot of jobs that 07:56PM 15 leave town every day. We're getting more economic 16 development all the time. i 17 But one last thing, on that corner, 18 if we want to clutter it up, we're going to talk 19 safety, and 34 and 47 up here has a lot of action 07:56PM 20 and there is a lot of accidents and so forth. 21 Okay. So ambulances and police cars 22 and so forth cruise not by choice but because they 23 have to on 34, and if we stop the traffic flowing, 24 and gas stations will do that, it's going to be a Depo•Court Reporting Service (630) 983 -0030 41 1 great safety concern. So also keep that in mind. 2 Thank you. 3 MAYOR BURD: Is there anyone else who 4 would like to comment? 07:57PM 5 MR. BAZAN: I'm Steve Bazan. I live on 6 Cannonball. We've been here 45 years. When I 7 built m house I drove a sand point -- I don't Y P 8 know if anybody knows what a sand point 9 is -- for water. We have four residents out there 07:57PM 10 with sand points, and the least amount of gasoline 11 spill would be devastating. We're only 30 feet 12 deep and we have plenty of water, and we've had I 13 plenty of water until they run the sewer line and 14 they run us out of water, but it came back. But a 07:58PM 15 gas station would be devastating if we had the 16 least amount of gasoline spill. That's all I want 17 to say. Thank you. 18 MAYOR BURD: Anyone else that would like I 19 to speak? 07:58PM 20 All right. Since we will be 21 discussing this as a City Council as a -- 22 MR. KRAMER: We do have one more. Becky 23 would like to speak for a minute. 24 MAYOR BURD: I'm sorry. Depo•Court Reporting Service (630) 983 -0030 I 42 1 MR. KRAMER: You were kind of looking 2 towards the back at first. 3 MS. OLIVER: As they pass these folders 4 out, I'm Rebecca Oliver. I'm the "R" in HRM 07:58PM 5 Properties and Development, and I would like to 6 present just some information, basic information I 7 about some of the environmental concerns and 8 statistics that have been presented to you i 9 previously. 07:59PM 10 Don't be afraid by the size of the 11 packet. The reason that I supplied all of that 12 information, and we'll go through it briefly, is 13 that I also wanted to give you an opportunity to 14 truly look at where the information comes from. 07:59PM 15 It also supplies the web links so that if you 16 choose to get even further information you can. 17 What I will do is direct you to the 18 first handout on the right side of your folder 19 which looks like this. It's a small Power Point. 07:59PM 20 And it's very, very simple. And then I will be 21 going back and forth on the left side -- or on the I I 22 left side of the folder you will also see an 23 environmental issue and response which is more 24 detailed. So we'll work off of both of them. I I Depo•Court Reporting Service (630) 983 -0030 43 1 And, again, thank you for your indulgence. 2 But what we're going to talk about 3 this evening are the underground storage tanks or 4 the USTs, and as you have heard from the 08:OOPM 5 residents, and rightly so, there are very many 6 fears and concerns about the idea of gas stations 7 or underground storage tanks of any kind. And 8 previously in the history of our nation there 9 should be because they were dangerous. They held 08:OOPM 10 dangerous products and they caused risk to our 11 groundwater, our runoff, and to our residents. 12 If you go to the next page of the 13 Power Point, it just briefly says that most 14 particularly beginning in 1986, the UST program 08:OOPM 15 was created with the Resource Conservation and i 16 Recovery Act -- it's called RCWA -- of 1986, and 17 that's when our country and the EPA truly took a 18 major stand at bringing environmental safety and 19 security to our people. 08:O1PM 20 The requirements and the criteria of 21 RCWA just keeps getting tougher and tougher. When 22 those amendments were put into play in 1986, the 23 cutoff date was December 22nd of 1988. That meant 24 that anyone from December 23rd of 1988 must be up Depo•Court Reporting Service (630) 983 -0030 i 44 1 to speed with all the current requirements. 2 Now, the reason those dates are 3 important is because they allowed a grandfather 4 clause to the established for current gas 08:O1PM 5 stations, and that was a 10 -year grandfather. 6 That was 1998. 7 Now, from 1988 and the beginning of 8 the fiberglass or the fiberglass- enforced 9 underground storage tanks, there have been little 08:02PM 10 or no problems. 11 Now, were there problems previous 12 with the metal tanks? You bet you. They were 13 metal. They're corrosive. They corrode. They 14 react with the earth's substances and they react 08:02PM 15 with the substances that were put in them. 16 And so as history goes back and 17 looks, look, starting in the 20's and 30's all the 18 way through the 60's, most particularly the 40's 19 and 50's, all we knew, all we had were underground 08:02PM 20 storage tanks made of metal, and that's what was 21 used and that did cause a problem. So that is the 22 beginning history of our nation and EPA's movement 23 to protect us. 24 Now, this is the next page that I Depo•Court Reporting Service (630) 983 -0030 45 1 have for you, and you are a part of this all the 2 time. When you have issues come before you, 3 issues that everyone is passionate about, either 4 for or against, and that's how our system is 08:03PM 5 created. It is a system of opposition. That's 6 how it's supposed to be. We're supposed to 7 passionately place our case before you and then 8 you make your best decision. But as you do that, i 9 you have to realize that there is two sets of 08:03PM 10 fears and concerns, there is factual fears and 11 concerns, which I am here to talk with you about, i 12 and then there is emotional fears and concerns, 13 which are personal and private to each of us. And 14 once you can say, well, that's a factual concern 08:03PM 15 or that's an emotional concern, it helps everyone 16 to make a better decision. J 17 Next page. The two major things 18 that you heard about this evening is the dreaded 19 MTBE, and it should be, and fuel tank leakage and 08:03PM 20 overspill. And what I am going to do to address 21 that is take you then to the left side of your 22 packet. In Exhibit A, what you will see is a copy 23 of the press release where Illinois became one of 24 nine states in the nation that completely bans i �I i Depo•Court Reporting Service (630) 983 -0030 �I 46 1 MTBE. And that took place in 2001. And not only 2 did we ban the use, manufacture and sale of MTBE 3 in Illinois, we banned the right to transport any 4 substance containing MTBE throughout our state. 08:04PM 5 So it is dangerous, it is dreaded, 6 and there it is no longer a part of what we do in 7 Illinois. And Illinois has been very, very 8 proactive in the environmental moves that they 9 make. 08:04PM 10 I'll take you to the next sheet 11 which talks about EPA and emergency response 12 statistics. Now, one of the things -- and I've 13 seen a lot of the information that has come to 14 you, which has been a lot, and that's a good 08:05PM 15 thing, but I think that it's important to make 16 sure that the statistics that are brought forward 17 to you, we either talk about the nation, we talk 18 about all of Region 5, or we talk about Illinois. 19 I think we need some consistency there because it 08:05PM 20 gives a more clear picture of where we're at. 21 Region 5 of the EPA consists of 22 Indiana, Illinois, Michigan, Minnesota, Ohio, I 23 Wisconsin, and 35 Native American tribes, so it's 24 a very large region, and if you look at your i Depo•Court Reporting Service (630) 983 -0030 47 1 Exhibit B, you can clearly see that Region 5 is 2 set out for you, and you can see that it's a very 3 industrial area of the United States. 4 Now, I also have for you Exhibit C, 08:06PM 5 which is the most recent midyear activity report r I 6 for Region 5. And if you go to the first tab in 7 that packet, you will see a highlighted line. And 8 I felt really good about this and I was really I 9 grateful for the Cannonball Trail Civic League 08:06PM 10 because I was able to find where they got some of I 11 their statistics, and that made me feel good 12 because I wanted to be able to support that. 13 These numbers, the importance here I 14 is that these numbers are cumulative except for 08:06PM 15 two columns, and they are cumulative from 1988 16 when the reporting requirements started to be 17 required. 18 So the two most important numbers 19 here that are current, that are for the first half 08:06PM 20 of the fiscal year are the confirmed releases of 21 244 and the cleanups completed of 425. The other 22 thing that is very important here is that this 23 chart classifies all types of reportable criteria. 24 And what that means is brown fields, federal Depo•Court Reporting Service (630) 983 -0030 48 1 facilities, super funds, landfills, and all types i 2 of hazardous or pesticide spills, overturned 3 tanks, anything of that nature. 4 With that same report, if you go to 08:07PM 5 the next page of the Power Point -- (inaudible). 6 Excuse me. Thank you. 7 If you go to the next report -- or I 8 also included Exhibit D. I thought this was 9 really helpful. Exhibit D is a very old form, and 08:08PM 10 these are the first two yearly reports that were 11 the criteria required by RCWA, and you can 12 actually see the beginning of this program because 13 there are so many zeros. So you can see for 14 yourself, even though it states on the forms and 08:08PM 15 the reports that they're cumulative P Y , Y ou can see 16 that they truly are accumulative numbers. That's 17 very important because we need a snapshot of now. 18 We need to understand where the EPA and our 19 controls are now as we make decisions such as 08:08PM 20 this. Not only for HRM but for the community. So 21 I wanted to include that for you. 22 Now, that brings me to Exhibit E, 23 which is the Emergency Response Region Report for 24 Region 5, and what I did was I was able to run off Depo•Court Reporting Service (630) 983 -0030 49 1 the emergency response criteria for Illinois. And 2 as you thumb through it, you will see it goes back 3 to the year 2001 and brings you forward to July of 4 2008. And I went through every single one of 08:09PM 5 these entries, and there are 88 of them, and so 6 that's 88 in -- just in eight years -- seven 7 years -- I'm sorry -- seven years, and I could 8 find none of them that were for gas station 9 underground tank leaking. 08:09PM 10 The links are here. Please do not 11 hesitate to investigate further on your own. 12 That's why I brought you this information. I 13 wanted you to be able to do that on your own. But 14 that gives me a really good feeling about today's 08:lOPM 15 requirements and the policing of these processes. 16 And bear with me. And thank you for � I 17 your patience. I am just about done. 18 One of the numbers that were quoted 19 to you was that there is a 30 percent backlog in 08:lOPM 20 cleanup in Illinois and that is absolutely 21 accurate. One of the reasons that we have that 22 cleanup backlog is that the current governor has 23 borrowed funds from the LUS Fund, and so there is 24 a financial depletion there. Nothing that we can Depo•Court Reporting Service (630) 983 -0030 50 1 control. That's a political issue. But that's 2 important information I do believe for you. 3 Also they mention that the current 4 backlog for Illinois on cleanup is 7,006. Again, 08:11PM 5 an accurate number, but an accumulative number. 1 6 That is an accumulative number from 1988. 7 As far as the number of active and 8 inactive tanks, I'm not quite sure of the 9 relevance as an accurate number, but you have to 08:11PM 10 remember that these tanks are not gas station 11 tanks, they're all underground tanks. So that 12 includes chemical, pesticide, agricultural, 13 anything that is reportable and in an underground 14 tank to the EPA. 08:11PM 15 The other thing I wanted to talk 16 with you about, and it is Exhibit -- oh, Exhibit 17 F. I just put in here the most recent amendments 18 to the law. I only -- it's a 500 -page law, so I 19 only,took the 13 pages that apply to underground 08:11PM 20 tanks, but I thought it might be helpful for you 21 to see the breadth and the width of what the 22 legislation for this is so that you can see for 23 yourself how deep the requirements and criteria 24 go. Depo•Court Reporting Service (630) 983 -0030 'I I I I 51 1 And then lastly is Exhibit G. And 2 it's this color printout of the tanks that are 3 going to be used or are proposed to be used at 4 this gas station if approved. 08:12PM 5 And I thank you for the opportunity 6 to have learned a lot of things that perhaps I 7 would not have learned, and what I have learned 8 about fiberglass double -wall tanks is that the 9 Xerxes Corporation started manufacturing and 08:12PM 10 selling these tanks in 1984. Since that time they 11 have not had any reported leakage or problems with 12 properly - installed tanks. And what I mean by 13 "properly," they have to be monitored, they have 14 to be licensed subcontractors, they have to be 08:13PM 15 trained and they have to be inspected. And since 16 1984, Xerxes has had no leaks. 17 I didn't know this, but 18 fiberglass -- and the reason it is the preferred 19 criteria for underground tanks is inert. It is 08:13PM 20 not reactive with substances in the earth and it 21 is nonreactive with the substances, most 22 especially petroleum, that goes into them, and I 23 didn't know that. The double -wall system is 24 pretty fascinating, but I will spare you that. Depo•Court Reporting Service (630) 983 -0030 52 1 I'm certainly not an expert, but I will spare you 2 that. But it is very easy to read and a very 3 informative handout. 4 And then finally on the Power Point 08:13PM 5 is this last page which says Positive Impact. And 6 we do believe that these changes are positive. i I -- 7 And the reason is -- there is several reasons, and 8 we can go into a lot more, but these are the 9 highlights. 08:14PM 10 The gas station understands where 11 our ecology and environment is going and they will 12 be selling ethanol and they will be selling 13 bio- diesel because we know that is the future. 14 Sales tax. Just the sales tax from 08:14PM 15 the gas station alone, no other retail, will be 16 between 250- and 300,000 a year. That's easy. 17 Another thing, and you will see 18 these handouts in your packet, they have the HRM 19 information. We have done some comparatives, and 08:14PM 20 what we showed to you was the proposed amended 21 layout, which is the first set of information, as 22 opposed to the current PUD, and we worked with 23 very, very solid numbers based upon buildings that 24 we had'most recently done, and we wanted to show Depo•Court Reporting Service (630) 983 -0030 53 1 you the tax base difference between what is 2 currently in place and what we are proposing. And i 3 currently at the tax rate of today, which is 4 7.0303, property that is bringing in $41,864 in 08:15PM 5 real estate taxes with our proposal will be i 6 bringing in $234,343. Now, out of that, 148,245 7 would be to the schools. If we maintain or you 8 uphold the current PUD, those numbers would be 9 $108,965 and 68,934 of that to the schools. 08:16PM 10 So you can see that just with these 11 few physical changes within that property itself 12 brings greater tax income into the municipality. 13 So to us we feel that's a plus because that -- 14 those taxes bring services to the residents and we 08:16PM 15 look at it that way. 16 All of this development will bring 17 no student impact to the schools and there will be 18 approximately -- if you look on the second page, 19 we did a line -by -line comparison. We did an 08:16PM 20 unofficial census over at our Mason Square 21 development. We needed it for another purpose, 22 but we carried over those numbers. Those are 23 actual numbers from the business to show the 24 potential job and employment opportunities for the Depo•Court Reporting Service (630) 983 -0030 54 1 entire parcel, and that alone would be 139 new job I 2 and employment opportunities. 3 And it's something that is important 4 to us because we all know developers have a bad 08:17PM 5 name. We pride ourselves in that our developments 6 have carried no inducements or incentives, and 7 we're proud of that. We feel we bring high I 8 quality, good development to a community, and it's 9 our community. We've raised our sons here and our 08:17PM 10 grandson is being raised here. So I do not in any 11 way profess to be an EPA expert, but I am pleased 12 to present that information to you. 13 If there is any specific question j 14 about the information, I am more than happy to 08:17PM 15 answer that for you. And, again, I thank you for 16 the opportunity to present. 17 MAYOR BURD: Thank you. 18 Yes, sir. 19 MR. CLACK: My name is Bob Clack. I own 08:18PM 20 the property just north of the lot line, and I've 21 been there for 44 years, and as Miss Oliver's 22 representative said, this has to be factual or 23 emotional. So I don't know all the facts, so all 24 I can deal with is the emotion, and emotionally I Depo•Court Reporting Service (630) 983 -0030 55 1 don't want to look at a service station 24 hours a 2 day and I don't want to see extra accidents caused 3 by the extra traffic on that corner. So 4 emotionally I'm asking you to leave it the way it 08:18PM 5 is. Thank you. I 6 MS. LUCIETTO: I'm back. Anne Lucietto, 7 Planning Commission Chair. 8 Usually at the end of our -- every 9 time we have a public hearing we do a summary, and 08:19PM 10 so I took notes like I do for our Planning 11 Commission meetings and thought I would try to 12 refocus a little bit. 13 When we had our discussions we got 14 the packets, too. We went through them, looked at 08:19PM 15 them, talked about them, and I'd like to remind 16 you that the Planning Commission does have two 17 volunteer engineers in the group who have contact 18 with others and so on, and we were looking at it 19 from a very factual basis, as most engineers do. 08:19PM 20 We want to remind you that 24/7 is 21 probably the key thing that the Planning 22 Commission was looking at. And if you look at the 23 surrounding properties that have been mentioned 24 over and over, they're not 24/7 operations either. Depo•Court Reporting Service (630) 983 -0030 56 1 We're concerned about the integrity 2 of the PUD. They're whispering that to me back 3 there, my Planning Commission members, and please 4 kindly do remember that the drive -thrus and the i f 08:20PM 5 child care was something that we thought was 6 probably a good idea since some of those things 7 were okay. 8 We listen to emotion like you guys 9 do and we have to make factual decisions, and I 08:20PM 10 didn't want to berate that in any way. There 11 might be some consideration of who comes in or 12 whatever, but we always go back to facts and we 13 state it in the end. 14 So we just wanted to let you know 08:20PM 15 that we do that when we make our recommendations 16 to you, and we feel very strongly about this 17 particular recommendation. Thank you. 18 MAYOR BURD: Yes, sir. 19 MR. MATLOCK: Hello. I'm Gary Matlock. 08:20PM 20 I'm a resident that lives in Lot 12, the lot just 21 north of Mr. Clack, the second lot in. I've been 22 there since '91 and been through these meetings 23 previous and do not agree with the proposed gas 24 station. We've weathered Marketplace. We've Depo•Court Reporting Service (630) 983 -0030 57 1 weathered the watershed. We've had pressure from 2 the west and the east. We've seen a development 3 on the south. I 4 I have worked in Naperville for 27 j 08:21PM 5 years. Lived in Oswego and moved to Yorkville for 6 the reason of the small town environment. I've 7 seen a development at Yorkville -- at Naperville 8 go from 40,000 to 140,000 and seen Aurora doubling 9 from 80 to 160, Oswego double in size, triple in 08:22PM 10 size, and I've seen growth over the last 27 years, 11 and I've moved west, and I've been here since 1960 12 and this address since 1990. So I do not -- 13 again, emotionally do not agree with the proposed 14 development of a service station on this corner. 08:22PM 15 MAYOR BURD : Thank you. 16 Is there anyone -- yes, sir. 17 MR. HENNE: I just have something to 18 add. 19 MAYOR BURD: This gentleman will speak 08:22PM 20 first. He hasn't spoken yet. 21 MR. DANFORTH: My name is Eric Danforth. 22 I live on Hickory Lane in Yorkville, and, you 23 know, my wife and I moved there, oh, I guess it's 24 been about six years ago now, and we were from -- Depo•Court Reporting Service (630) 983 -0030 58 1 we were not from here. We looked in the area to 2 find a place. Literally we picked Yorkville. We I 3 studied it, what was going on, and we did like the 4 looks of it. We also studied your plans and made 08:23PM 5 our decision to move to Yorkville also in part { 6 based on your plans. 7 Unfortunately, which we learned from 8 the Kendall Marketplace situation, is you started 9 to pick up a habit in the town here of changing 08:23PM 10 your plans, your promises, and I think what goes 11 way above tax benefits to a community is the 12 people. That's your biggest deciding factor of I 13 what a community is about. And if you were to 14 change again, it's saying you aren't true to your 08:23PM 15 word, and just as people, you know, it kind of 16 questions -- makes us question our choice to move 17 here. 18 The other point that I wanted to 19 make is, and I kind of noticed this with the 08:23PM 20 Marketplace, and, again, I've only been here six 21 years, but things seem to keep coming up, and 22 maybe it's just that I'm in my own little world 23 there and I only know those certain things, but it 24 seems like there is always a battle between this Depo•Court Reporting Service (630) 983 -0030 59 1 city and this Cannonball Trail area. 2 When we moved there, we moved to 3 Yorkville. We didn't say, is this the city or the 4 county. We moved there. We said, Hey, we're 08:24PM 5 moving to Yorkville; okay? We didn't know if we I 6 were voters or not. This looks like a good spot I 7 and we picked that. It turns out we're in the 8 county, but it really seems like there is a battle 9 between the city and the county here that isn't 08:24PM 10 necessary. 11 These people, you know, who make up 12 the Cannonball Trail Civic League and some of 13 those residents along there have been there for a 14 long time, and maybe they're voters and maybe 08:24PM 15 they're not from the city, but I hope that we 16 aren't making decisions and pushing -- again, 17 maybe I'm living in my small little world there 18 and I'm not seeing it, but I hoping we're not 19 pushing against these people just because they 08:24PM 20 aren't voters, because they are citizens of 21 Yorkville. They contribute, they teach, they buy, 22 they worship, they work with people, they deal 23 with people in Yorkville. It's Yorkville. Okay? 24 We didn't know it coming in, but Depo•Court Reporting Service (630) 983 -0030 I 60 1 hopefully we can work together and stand by your 2 word and stand by what the PUD said and just know 3 that we know what we're looking at that and people 4 on the outside look at that and they want to know 08:25PM 5 Yorkville, are they true to their word; are you 1 6 going to move somewhere and they change stuff on 7 you. I appreciate your time. Thank you. 8 MR. HENNE: I'm glad to hear that -- I'm 9 Verne Henne. I'm glad to hear we can do away with 08:25PM 10 the LUS Fund. We don't need it anymore. 11 Federal gas tank leaks. Can you 12 explain to me the certification of gas and ethanol 13 in 1994, Owens - Corning fiberglass tanks and the 14 ramifications of those tanks and what's happening 08:25PM 15 to them? 16 MS. OLIVER: I told the -- 17 MR. HENNE: And can you also explain to i 18 me the Xerxes tanks and if they're certified for 19 ethanol or if they're certified for gasoline? 08:26PM 20 Because a lot of tanks are certified for gasoline 21 but they're not necessarily certified for ethanol. 22 Now, when we get to talking about 23 the new products that are going to be used, are 24 they certified for the new products that will be Depo•Court Reporting Service (630) 983 -0030 61 1 used? And if they are or aren't, how will they be 2 certified for the new products they will use? 3 Because you may come up with MTBE some day or 4 chemicals that they put in these things and maybe 08:26PM 5 they will collapse fiberglass. 6 So my question to you is: If we 7 don't have any problems with tanks, then why do we 8 need a LUS Fund? And if we don't need that, then 9 maybe we can go over to Iowa and tell those people 08:26PM 10 who have lost most of their property due to 11 contamination, what are they going to do? So 12 contamination is a really big thing; really big. 13 It's something that you can almost not do away 14 with when it's over with. You are stuck with it. 08:26PM 15 I got one. I know all about it. And so 16 consequently it costs hundreds of thousands or 17 millions to clean one up, and you know that 18 because of what's gone through the city to clean 19 them up. 08:27PM 20 So I go back to the same thing. We 21 had a PUD. Everybody hung their hat on it. It 22 seems to me that should be good enough. Thank you 23 very much. 24 MAYOR BURD: Is there anyone else who Depo•Court Reporting Service (630) 983 -0030 62 1 would like to make a comment? 2 MR. MILLER: Loren Miller, 28 Hickory 3 Lane, Yorkville. The rest of my neighbors has 4 been up here, so I guess I should be too. I'm 08:27PM 5 just adjacent to the property north. I live right I � 6 behind Mr. Clack. 7 I'm against this gas station. I've 8 got several reasons. I don't care to put up with 9 the increased traffic at the corner. They say -- 08:28PM 10 they shoot all these figures, 2,000 people when 11 they built the new shopping center. Well, I found I 12 out there is less than 50 full -time people working 13 at Menard's or work -- excuse me -- working at the 14 Home Depot and Kohl's as we speak. They have 08:28PM 15 part -time people. This 3,000 people that is going 16 to be working in that area could be someday, but 17 it's going to be, in my opinion, quite a few years 18 down the road. 19 And I'm concerned about my well. 08:28PM 20 I've got a nice well. I've been there since '79 21 and been happy, and we've gone through a great 22 deal of these meetings in the past, and I thought j 23 it was over, and apparently not. I just hope that 24 you make the right decision. Depo•Court Reporting Service (630) 983 -0030 63 1 MR. MARSHALL: I can't resist. I tried 2 to do some research on my Blackberry on the EPA 3 website. 4 ALDERWOMAN SPEARS: Can you repeat your 5 name. I 6 MR. MARSHALL: Philip Marshall, 11 7 Amanda Lane, Yorkville. I'm trying to hack the 8 EPA or read the EPA website. 9 There is installation problems, so 08:29PM 10 there are leakages. They are toughening up the 11 regulations because of other experiences and they 12 still have leakages from pipes cracking with 13 installation and spillage. So that's what I've 14 been able to figure out on this. So it's not a 08:29PM 15 perfect situation yet. 16 MS. PRICE: Martha Price, 29 Hickory 17 Lane, and I just want to add something that I did 18 not quote from the report before. This was from 19 the testimony before the House of Representatives 08:30PM 20 concerning the MTBE contamination. 21 What I did not say and I realize now 22 I should have, even though this may not be added 23 to gas that's sold in Illinois, in this testimony, 24 they still said contamination continues because, Depo•Court Reporting Service (630) 983 -0030 64 1 among other things, MTBE has been used in the past 2 as an octane enhancer and is currently transported I 3 through the same fuel pipes and trucks that 4 deliver gasoline across the country. So it's 08:30PM 5 still a problem even though it may not be sold I 6 locally. It still is mixed with gas and still has 7 that in there and still is a great concern to us 8 as to runoff into our groundwater or possibly our 9 wells. Thank you. 08:30PM 10 MAYOR BURD: Does anyone else wish to 11 make a comment? 12 AUDIENCE MEMBER: I'll make it short. 13 We heard the two principles. Yes, if it can 14 happen, it will. So why do you want to take a big 08:31PM 15 risk of all the things that could happen? 16 I will close by saying that tough 17 marketing and the three basics of real estate is 18 location, location, location. This is not a good 19 location for a gas station. So stay with your 08:31PM 20 PUD, the present one, and the community will 21 respect you for standing up for your rights, 22 because if you open up, you're only going to have 23 more problems for other developers, other citizens 24 coming in taking up your valuable time and so Depo•Court Reporting Service (630) 983 -0030 65 1 forth. So you spent a lot of time on this. They 2 have and we have and so forth. So why don't we 3 all get together and say, yes, we do not want that 4 gas station. Stay with the present PUD and 08:32PM 5 everyone would be better off. Thank you. 6 MAYOR BURD: Is there anyone else who 7 would like to make a comment? No? 8 Can I entertain a motion to close 9 our public hearing? 08:32PM 10 ALDERWOMAN SPEARS: So moved. 11 ALDERMAN GOLINSKI: Second. 12 MAYOR BURD: All in favor? 13 (Body of ayes.) 14 Anyone against? Our public hearing 08:32PM 15 is closed. 16 (Which were all the l 17 proceedings had at the 18 public hearing portion of 19 the City Council 20 meeting.) 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 66 1 STATE OF ILLINOIS ) ) SS. 2 COUNTY K A N E ) 3 I, Teresa S. Grandchamp, a I 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 I 10 aforesaid. i I i 11 I further certify that my 12 certificate annexed hereto applies to the original i 13 transcript and copies thereof, signed and 14 certified under my hand only. I assume no 15 responsibility for the accuracy of any reproduced 16 copies not made under my control or direction. 17 In testimony whereof, I have 18 hereunto set my hand this 11th day of August, 19 A.D. 2008. 20 2, 5'� 21 22 Teresa S. Grandchamp, CS 23 CSR No. 084 - 002853 24 Depo•Court Reporting Service (630) 983 -0030 67 $ 1988 [5) - 43:23, 300,000 [1) - 7481 [t) - 3:12 add [3) - 33:6, 10:18, 65:11 43:24, 44:7, 52:16 7:00 [t] - 1:13 57:18, 63:17 aldermen (2] - 47:15, 50:6 335 [1] - 32:11 added [1] - 9:4, 37:16 $108,9651t] - 1990 [1] - 57:12 34 [to) - 10:12, $ 63:22 ALDERWOMA 53:9 1994 [1] - 60:13 11:15, 32:14, addition [z) - N [51- 3:16, 9:8, $234,343 11] - 1996 [1] - 17:15 33:4, 33:5, 39:4, 4:16, 31:5 9:18, 63:4, 65:10 53:6 1998 [1] - 44:6 39:21, 39:22, 8011] - 57:9 additional (2] - Alderwoman [2) $41,864 [t) - 40:19, 40:23 800 [1] - 1:13 6:14, 32:15 - 2:8,2:9 53:4 2 35 [t] - 46:23 88 ]2) - 49:5, Additionally [t) Allegiance [1) - 37 [t] - 39:14 49:6 - 29:21 3:1 additive [1] - ALLEN (2] - 2:3, 2 (t) - 12:18 A 30:18 3:17 2,000 [1) - 62:10 4 address (4) - allow [1] - 15:8 '79 (1) - 62:20 20 [t] - 17:13 '91 (1) - 56:22 A.D [1] - 66: 11:1, 34:9, 45:20, allowed [1] - 20's [1) - 44:17 4 (1) - 24:4 19 57:12 44:3 2000 [6] - 11:19, 4.14 [t] - 6:10 able (6) - 25:6, . U 12:9, 13:8, 17:16, 40's [1] - 44:18 47:10, 47:12, adequate (1] - almost [1] - 48:24, 49:13, 13:11 61:13 19:1, 19:23, 40,000 [1] - 57:8 63:14 adjacent [s] - alone [2] - 22:23, 24:13 40 -acre [t] - 084 - 002853 [t) - above - entitled 6:12, 20:24, 23:9, 52:15,54:1 2001 [z] - 46:1, 6:22 66:23 26:24, 62:5 Alternative 111 - 49:3 400 [6] - 23:14, lz] - 1:11, 66:6 absolutely [1] - Administrator 29:4 2002 [21- 29:2, 23:17, 23:23, [1) - 2:13 Amanda [2) - 30:13 24:7, 24:9 4 acceptable [t] - affect [1] - 31:17 38:23, 63:7 2008 [7] - 1:12, 400 -foot [1) - 19:24 aforesaid [1] - ambulances [1] 1 [1) - 12:17 32:2, 32:5, 36:1, 14:15 acceptance (1] - 66:10 - 40:21 1,000 [1] - 29:19 36:14, 49:4, 425 [t) - 47:21 82.12 afraid (1) - 42:10 amenable lq - 1,514 [1) - 32:9 66:19 44 [1) - 54:21 I 1,852 [1) - 32:5 204 [1] - 35:23 45 [21- 39:15, access [2] - Agency [1) - 17:17 18:16, 33:5 31:1 amend 131 - 36:210 0 - 36:10, 2211) - 22,351 [ 1 ] - 32:6 41:6 4[3) - 39:4, accidents 131 - agenda [2) - 11:10, 13:2, 0 [1] - 47 10:3, 25:11 13:17 10 -year [1] - 22nd (1) - 43:23 39:22, 40:19 31:8, 40:20, 55:2 According [1] - ago [2] - 17:13, amended [3) - 44:5 23 (1) - 36:24 57:24 12:15, 13:13, 100,000 [1] - 23rd [1] - 43:24 5 36:2 accumulation agree [2] - 52:20 31:17 24 [1) - 55:1 [1] - 34:5 56:23, 57:13 amendment [4) - 106,577 [1] - 24 -hour [1] - 5 [s] - 46:18, accumulative agreed 13] - 10:7, 11:7, 12:10, 32:2 13:3 46:21, 47:1, 47:6, [3] - 48:16, 50:5, 22:17, 26:10, 27:11 11 [2] - 38:23, 24/7 [7] - 17:11, 48:24 50:6 27:5 amendments 121 63:6 18:2, 18:8, 21:9, Agreement [8) - - 43:22, 50:17 1107A lt] - 11:1 55:20, 55:24 50 [t] - 62:12 accuracy pi 50's [1] - 44:19 66:15 5:15, 8:9, 8:10, American [1] - 11 th [t) - 66:18 244 [1] - 47:21 22:10, 22:11, 46:23 500 -page [1] - accurate [3] - 12 (s) - 13:24, 25 (t] - 3:11 25:13, 25:20, amount (7] - 36:18, 36:23, 250 11] - 52:16 50:18 49:21, 50:5, 50:9 506 [t) - 20:6 acre [z] - 6:10, 27:12 26:21, 27:21, 38:24, 56:20 2712] - 57:4, 1 acre agreement [n] - 28:5, 28:9, 30:5, 12,600 [1) - 4:16 57:10 11:7, 12:23, 13:7, 41:10, 41:16 13 [1] - 50:19 28 [1] - 62:2 6 10:11 acres [z] - 3:12, 15:7, 15:11, Analysis [1] - 139 (1) - 54:1 29 [2) - 28:17, 18:18, 19:22, 29:4 Act [1] - 43:16 140,000 [1] - 63:16 6.14 [z] - 10:11, action [2) - 22:13, 22:14, animosity [1] - 57:8 11:12 23:14, 23:22, 34:14 148,24511] - 31:16, 40:19 3 60's [1] - 44:18 24:5, 25:4, 26:9, ANN [t] - 2:8 active [2] - 32:6, 53:6 64,031 [1] - 32:6 27:4, 27:8, 33:15 Anne (3] - 15:22, 50:7 15 [t] - 36:20 68,934 (1] - 53:9 agricultural [1] - 20:13, 55:6 3 [t) - 12:19 activities [1) - 160 [1] - 57:9 6:00 [t] - 25:5 50 annex [3] - 5:8, 18th [1] - 36:1 3,000 (s] - 28:3, 31:12 ahead (3) - 4:9, 5:9 33:21, 34:3, 36:3, activity (1] - 1938 [q - 37:10 7 47:5 5:9, 6:16 annexation [a) - 1960 [1] - 57:11 62:15 Alderman [7] - 3:9, 5:2, 7:17, 1983 [1] - 37:7 3.59 [2) - 36:18, actual [1] - 2:3, 2:4, 2:5, 2:6, 8:15 1984 [2] - 51:10, 36:19 7,006 [2) - 31:24, 53:23 2:7, 3:19, 9:6 Annexation [7) - 30 (2] - 41:11, 50:4 Adams [2] - 51:16 ALDERMAN [7] 5:15, 8:9, 8:10, 49:19 7.0303 [1] - 53:4 19:14, 19:20 1986131- 43:14, 30's [1] - 44:17 ADAMS (t] - - 3:15, 3:17, 9:17, 22:10, 25:13, 43:16, 43:22 70 [1) - 31:15 10:14, 10:17, 25:20, 27:12 19:20 Depo•Court Reporting Service (630) 983 -0030 68 annexed (l] - AUDIENCE [3] - Beecher [21- bought[i] - 23:20, 53:23 14:20,15:3, 66:12 33:19, 34:4, 32:21, 32:23 34:13 business/ 23:20, 24:3, answer [21- 64:12 beef [1] - 13:24 BP 111- 36:5 commercial (1] - 27:24, 28:1, 38:19, 54:15 August [1] - beer [1] - 37:20 breadth [i] - 6:19 28:12, 32:21, appeared 121 - 66:18 begin [3] - 4:20, 50:21 buy [z] - 23:1, 33:2, 34:2, 62:11 2:19, 8:1 Aurora [11- 57:8 8:15, 8:16 BRENDAN 11] - 59:21 Center [1] - 12:7 application (1) - automobile [1] - beginning [4] - 2:12 BY 11] - 2:18 centers [t] - 10:5 31:8 43:14, 44:7, Bridge [1] - 11:2 38:8 applies (1] - automobiles [1] 44:22, 48:12 brief [i] - 4:7 C cents [4] - 66:12 - 31:9 behalf [2) - 2:19, briefly (z] - 36:10, 36:18, apply [1] - 50:19 awful [i] - 14:4 22:2 42:12, 43:13 36:20, 36:21 appreciate [4] - ayes [4] - 3:21, behind [ - bring [3] - 53:14, C.S.R [1] - 1:12 certain [2] - 15:19, 15:20, 9:20, 10:20, 37:5, 62:6 53:16, 54:7 campus [1] - 38:8, 58:23 34:3 19:17, 60:7 65:13 belief (1] - 38:9 bringing (3) - certainly [7] - cancer[i] - appropriate (3] - benefit [z] - 14:7 43:18, 53:4, 53:6 13:13, 21:9, 17:23, 32:22 B benefits [1] - brings [4] - 30:22 21:10, 33:1, approval [1] - 58:11 31:15, 48:22, cancer- 39:23, 52:1 - 1] 25:11 berate [i] - 49:3, 53:12 causing [ certificate [1] - B -1 [t] - 24:6 30:22 66:12 approve [�] - 56:10 Bristol [z] - 8:15 B -2 [i] - 24:6 berming [z] - 13:10, 13:13 Cannonball (14) certification [11 approved [s] - B -3 [t] - 6.8 18:16, 26:23 brought [4] - - 10:12, 11:14, - 60:12 5:2,19:6, 22:23, backlog [s] - BESCO [2] - 2:4, 14:10, 36:8, 15:4, 21:2, 22:2, Certified 11] - 31:24, 32:1, 22:6, 26:22, 24:13, 51:4 10:18 46:16, 49:12 66:4 ARDEN [1] - 2:7 49:19, 49:22, best [2] - 32:15, brown [1] - 32:24, 33:3, certified [7] - 50:4 39:21, 41:6, 47:9, 60:18, 60:19, arduous Iz] - 45:8 47:24 bad [il - 54:4 59:1, 59:12 60:20, 60:21, 26:18, 26:19 bet [�] - 44:12 BUCK [�] - ] - area [13] - 12 Cannonball's balance [� :1, better [a] - 21:24 60:24, 61:2, 20:15 11] - 39:9 66:14 14:2, 14:18, 16:19, 39:23, Buck [i] - 22:2 14:24, 17:14, ban [i] - 46:2 45:16, 65:5 buffer [2] - capacity (3] - certify [z] - 66:4, 21:17, 26:7, 26:8, bank (4) - 12:18, between (s] - 14:18, 24:16 13:11, 13:14, 66:11 37:9, 47:3, 58:1, 38:16, 38:18, 23:18, 52:16, buffered (i] - 1 c 59:1, 62:16 39:23 captured [�] - Chair [i] - 55:7 53:1, 58:24, 59:9 14:21 cap Chairman [z] - banking [q - 19:9 15:22, 25:2 areas [i] - 7:5 big [3] - 61:12, build [4] - 4:15, argue [i] - 35:1 38:17 64:14 5:23, 11:24, 12:5 car [1] - 28:23 Change [l] - arguing (1] - banks [�] - biggest [3] - build-out[2] - card [z] - 37:1, 40:3 23:8 38:19 23:13, 36:9, 11:24, 12:5 37 :4 change [16] - banned [l] - cards 121- 36:9, 11:18, 14:2, 3 Arms Iz] - 4:11, 58:12 building (3] - 46: 36:11 16:23, 19:2, 5:18 bio [1 ] - 52:13 5:19, 7:2, 12:8 bans [1] - 45:24 care [2] - 56:5, 22 :10, 24:22, aspect [�] - 18:8 bio - diesel [�] - buildings [z] - aspects [2] - base [1] - 53:1 52:13 39:18, 52:23 62 :8 24:23, 25:13, 11:11, 28:22 based [z] - bit [4] - 16:11, built [2] - 41:7, carefully [z] - 25:22, 26:4, 27:7, Assessment[i] 52:23, 58:6 16:19, 17:12, 62:11 16:24, 21:16 35:8, 35:9, 58:14, - 29:2 basements [1] - 55:12 BURD (33] - 2:2, Carl [i] - 22:1 60:6 assessment (l] 29:9 Blackberry [8] - 3:5, 3:18, 4:5, carried [z] - changes po] - - 22:24 basic [i] - 42:6 13:8, 20:21, 29:1, 4:9, 8:19, 9:14, 53:22, 54:6 12:11, 15:6, Association [2] basics [1] - 29:3, 29:19, 30:2, 9:19, 10:3, 10:15, cars (1] - 40:21 16:21, 16:23, - 36:22, 37:5 64:17 32:17, 63:2 10:19,15:12, case [3] - 26:18, 17:3, 22:11, assume [2] - basis [1] - 55:19 Blaine [i] - 20:6 19:18, 20:4, 30:4, 45:7 27:19, 40:4, 52:6, 38:5, 66:14 battle [z] - BOB [1] - 2:3 21:22, 27:14, catch [1] - 33:1 53:11 attached [2] - 58:24, 59:8 Bob [t] - 54:19 28:15, 33:17, caught [i] - 19:9 changing [1] - BAZAN [1] - 5:14, 23:16 Body (4] - 3:21, 34:8, 35:20, caused [2] - 58:9 attending [1] - 41:5 9 :20, 10:20, 38:21, 39:11, 43:10, 55:2 charging lil - 39:1 Bazan [1] - 41:5 65:13 41:3, 41:18, causing [1] - 36:18 attitude [1] - bear [i] - 49:16 bolls [i] - 34:19 41:24, 54:17, 30:22 chart [1 ] - 47:23 became (t] - 56:18, 57:15, 40:5 border census [i] - chemical (z) - attorney [i] - 4:3 45:23 13:17 57:19, 61:24, 53:20 35:18, 50:12 Becky (t] - 64:10, 65:6, cent (1 - 31:14 chemicals [1] - attract (�] - borrowed [�] - 32:19 41:22 49:23 65:12 center [zo] - 61:4 audience [i] - becoming [2] - bothering [i] - business [5] - 4:14, 5:23, 5:24, child [i] - 56:5 14:7 8:16, 30:16 18:23 7:19, 7:20, 8:5, 7:3, 12:19, 12:20, children [i] - Depo•Court Reporting Service (630) 983 -0030 69 14:24 32:16, 64:16, commissioner 47:20 50:1, 66:16 20:10 Chippewa [11- 65:8 s [1] - 21:14 conform [l] - controls [1] - course [3] - 8:7, 36:6 closed [4] - Committee [1] - 14:1 48:19 28:20, 40:3 choice 1 - 32:7, 39:5, 39:24, 30:12 conjunction [t] Convenience [t] courthouse 14] - 40:22, 58:16 65:15 common Ili - - 6:20 - 36:23 12:7,15:5, 33:2, choose [i] - closer [l] - 14:4 consequently conveniences 37:24 42:16 32:20 community [14] [1] - 61:16 [l] - 37:21 courts [l] - Church [l1- 3:7 closest [I] - - 5:24, 7:3, 7:13, Conservation convenient [i1- 26:20 church [31- 5:5, 9:12 8:17, 40:8, 40:11, [2] - 29:6, 43:15 13:4 cracking [1] - 5:23, 8:6 closing [3] - 40:12, 48:20, consider [2] - copies [21- 63:12 citizens [2] - 36:3, 36:7, 37:18 54:8, 54:9, 58:11, 16:23, 17:2 66:13, 66:16 create 11] - 6:9 59:20, 64:23 clutter [1] - 58:13, 64:20 consideration copy [t] - 45:22 created [21- CITY 121 - 1:4, 40:18 comparatives [4] - 30:8, 33:12, corner [211 - 6:7, 43:15, 45:5 1:5 code [l] - 13:21 [l1- 52:19 33:13, 56:11 10:12, 11:13, creating 121 - city [91- 20:15, codes [1] - 14:1 comparison [1] considered [21- 11:18, 12:1, 15:4, 26:23 33:11, 38:10, collapse [1] - - 53:19 18:10, 33:8 24:17, 26:13, Credit [l] - 36:9 38:18, 59:1, 59:3, 61:5 competing [11- considering [2] 28:20, 29:8, credit [3] - 59:9, 59:15, color p I - 51:2 36:19 - 11:21, 20:14 29:11, 29:13, 36:11, 37:1, 37:4 61:18 columns [1] - complained [t] - consistency [1] 29:21, 33:3, 33:7, Creek 16] - City 121] - 1:14, 47:15 36:16 - 46:19 35:6, 37:10, 20:21, 29:1, 29:3, 2:12, 2:14, 2:15, coming [61- complete 121 - consistent [t1- 40:17, 55:3, 29:19, 30:2, 2:20, 3:8, 5:1, 18:20, 28:11, 18:18, 66:8 7:21 57:14, 62:9 32:17 10:6, 13:21, 14:6, 33:1, 58:21, completed [l1- consists [3] - Corning Ili - criteria [61- 15:19, 19:12, 59:24, 64:24 47:21 3:11, 10:10, 60:13 43:20, 47:23, 19:23, 21:15, comment [io] - completely [l1- 46:21 Corporation 12] 48:11, 49:1, 22:1, 22:16, 9:9, 15:8, 15:9, 45:24 consolidate [1] - - 27:18, 51:9 50:23, 51:19 24:12, 26:19, 15:14, 38:22, complex [l1- 15:18 correct [2] - Cross [2] - 3:7, 39:5, 41:21, 39:12, 41:4, 62:1, 38:14 construct [l1- 3:19, 66:8 4:3 65:19 64:11, 65:7 comply [11- 5:20 Corrective [t] - Crouch [3] - City's [l1- 5:11 comments [31- 13:20 constructed [1] 31:16 19:15, 20:4, 20:5 CIVIC 141 - 22:2, 8:20,13:23, Comprehensiv - 7:11 Corridor [l] - CROUCH [t] - 22:7, 47:9, 59:12 20:20 a [t1- 29:23 contact [i] - 29:1 20:5 CLACK [11- Commerce [l1- compromised 55:17 corrode [t] - cruise [1] - 54:19 30:12 [l] - 21:19 containing [l1- 44:13 40:22 Clack 13] - commercial [18] Concept [41- 46:4 corrosive [1] - CSR [2] - 66:22, j 54:19, 56:21, - 5:3, 5:5, 6:10, 5:16, 7:18, 7:24, contains [1] - 44:13 66:23 62:6 6:11, 6:13, 6:14, 14:19 5:4 cost [3] - 27:22, cumulative [3] - clarification [11- 6:23, 12:1, 12:2, concept [2] - contaminant [l1 31:17, 31:21 47:14, 47:15, 12:23 12:5, 17:24, 18:3, 22:12, 25:19 - 30:21 costing [1] - 48:15 clarified [l] - 23:20, 24:16, conceptual 121 - contaminated 36:10 current [l11- 18:5 25:5, 26:4, 26:8, 24:22, 24:23 [t] - 30:16 costs [t1- 61:16 14:1, 24:21, 28:5, classified [11- 26:12 concern (7) - contamination Council [lo) - 33:15, 44:1, 44:4, 12:12 commercially 29:17, 29:18, [e] - 29:15, 31:7, 5:1, 15:20, 19:13, 47:19, 49:22, classifies [1] - [1] - 28:12 30:15, 41:1, 31:19, 39:8, 21:15, 22:1, 50:3, 52:22, 53:8 47:23 Commission 45:14, 45:15, 61:11, 61:12, 26:19, 29:2, 39:5, Currowl1]- clause [t] - 44:4 1 - 7:16, 9:10, 64:7 63:20, 63:24 41:21, 65:19 36:14 clean [31- 11:10, 11:9, 15:23, 16:2, concerned [31- contemplated COUNCIL [i] - customers [t] - 61:17, 61:18 16:11, 16:13, 28:22, 56:1, [5] - 12:9, 24:13, 1:4 36:11 cleanup [5] - 16:16, 17:4, 18:7, 62:19 24:14, 24:15, Council's [1] - cut [i] - 30:19 31:20, 31:24, 18:23, 19:13, concerning [l] - 26:6 14:6 cutoff [11- 43:23 49:20, 49:22, 19:21, 20:7, 63:20 continue [2] - country 131- 50:4 20:12, 21:5, concerns 11 21- 8:4, 31:2 36:4, 43:17, 64:4 p cleanups [21- 24:12, 25:2, 25:3, 15:17, 15:18, continues [1] - county [31- 32:1, 47:21 33:10, 55:7, 21:3, 21:4, 21:13, 63:24 59:4, 59:8, 59:9 clear [11- 46:20 55:11, 55:16, 33:14, 42:7, 43:6, contract [41- COUNTY [i] - D- 851508 Ili - clearly [1] - 47:1 55:22, 56:3 45:10, 45:11, 22:15, 26:9, 66:2 1:24 commission [l] 45:12 27:12 County Clerk [�] - 2:15 [21- 5:8, damage [11- Clip [21- 14:10, - 20:2 configuration contribute [1] - 12:6 23'9 35:6 commissioned [l] - 13:18 59:21 couple 151- 8:9, Dan [21- 18:5, close [41- 32:8, Ili - 29:2 confirmed [t1- control [21- 16:12, 17:6, 19:7, 35:16 Depo•Court Reporting Service (630) 983 -0030 70 DANFORTH ill - 6:13, 6:22, 22:19, 32:10, 49:17, 14:15 9:15,65:8 62:13 57:21 27:4 52:19, 52:24 east [41- 12:21, Entertain p] - Excuse [l] - Danforth [1] - developers [21- double [31- 29:20, 38:3, 57:2 10:15 48:6 57:21 54:4, 64:23 51:8, 51:23, 57:9 easy [2] - 52:2 entire [2] - 32:1, Executive [3] - dangerous [31- developing [11- double -wall [21- 52:16 54:1 27:17, 28:24, 43:9, 43:10, 46:5 23:2 51:8, 51:23 Ecological [1] - entitled [21- 29:3 Daniel [1] - 11:1 development doubling [11- 29:1 1:11, 66:6 Exhibitpo] - date [21- 32:7, [131- 6:19, 8:22, 57:8 ecology [1] - entrance [1] - 5:15, 45:22, 47:1, 43:23 10:23, 11:22, doubt p] - 21:7 52:11 14:12 47:4, 48:8, 48:9, dates [t] - 44:2 12:17, 22:18, dovetails ill - Economic ill - entries [1] - 49:5 48:22, 50:16, daycare [7] - 40:16, 53:16, 6:10 27:17 environment 151 51:1 4:14, 4:17,14:20, 53:21, 54:8, 57:2, down [121- 6:7, economic [21- - 30:14, 31:5, Existing p] - 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60:13, 61:5 forum [l] - 16:20 41:16, 60:19, 35:12, 57:23, 30:19 17:21 fiberglass- forward [5] - 6:2, 60:20, 64:4 62:4 [�] - 62:4 helpful 13) - HRM 161- 10:4, enforced [i] - 15:23, 19:19, 1 Ge guys [3] - 16:3, 40:9, 48:9, 50:20 11:3, 22:20, 42:4, 44:8 46:16, 49:3 16:10, 56:8 helps It] - 45:15 48:20, 52:18 gentleman [i] - FIELD [1] - 2:18 four [2] - 7:17, 57:19 HENNE [a] - huge [2] - 11:20, fields [2] - 7:8, 41:9 H 34:10, 57:17, 12:6 47:24 Fox [1] - 5:11 geometrics [1] - 14:9 60:8, 60:17 human [1] - figure (2] - 28:4, front [z] - 14:13, Geor g [ eanna p ] habit [�] - 58:9 Henne [z] - 30:20 63:14 38:7 - 35:24 hack [l] - 63:7 34:10, 60:9 humans [i] - figured [3] - fuel [8] - 28:6, given [q half Iz] - 32:5, - 30:13 hereby [1 ] - 66:4 30:23 13:15, 34:20, 28:13, 31:4, glad [21- 60:8, 47:19 herein [2] - 3:4, hundreds [1] - 34:21 31:14, 37:3, 37:6, 60:9 10:2 61:16 global It] - hand figures [1 ] - 45:19, 64:3 hall [ z 66:1 - ] - - 66:1 4, hereto Ii] - hung [4] - 34:23, 62:10 full [3] - 5:23, 66:12 35:2, 35:11, Depo•Court Reporting Service (630) 983 -0030 72 61:21 indicate [2] - introduce [1] - 33:15 League (31- 58:2 17:8, 21:18 3:24 keeps [1] - 43:21 22:7, 47:9, 59:12 literally 11) - indicated [5] - intrusive [11- Kendall [6] - 5:7, leak [1] - 32:4 14:12 11:5, 11:12, 21:11 12:6, 18:14, leakage [21- live (9] - 20:6, 20:17, 24:3, 40:8 investigate [1] - 26:17, 32:20, 45:19, 51:11 20:16, 21:12, idea (3] - 9:10, indicates [1] - 49:11 58:8 leakages [21- 28:16, 34:11, 43:6, 56:6 29 :6 involved [3] - kept [21- 18:20, 63:10, 63:12 40:8, 41:5, 57:22, ideal - 31:2 (] individual [i] - 8:16, 17:18, 34:1 18:22 leaking [2] - 62:5 identified [3] - 31:23 Iowa [1] - 61:9 key [1] - 55:21 31:12, 49:9 lived [1] - 39:14 12:18, 14:21, inducements (1] Ironically [1] - kind (51- 21:10, leaks [31- 31:16, Lived [1] - 57:5 32:11 - 54:6 29:10 42:1, 43:7, 58:15, 51:16, 60:11 lives [11- 56:20 j ILLINOIS [21- indulgence (1] - isolation [1] - 58:19 learned (41- living [1] - 59:17 1:5, 66:1 43:1 6:23 kindly [11- 56:4 51:6, 51:7, 58:7 LLC (1] - 10:5 Illinois [n] - industrial [1] - issue (21- 42:23, KMOV [1] - 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32:10 JOSEPH (1] - 14:2, 14:22, 26:22 58:4, 59:6 54:6 installation 131 - 2:4 18:16 1[ne [8] - 23:12, Loren 111 - 62:2 include (21- 31:3, 63:9, 63:13 Journal (11- Lane [s] - 28:17, 23:19, 23:24, lost [1] - 61:10 38:4, 48:21 installed [11- 36:13 38:24, 57:22, 41:13, 47:7, Louis [21- 36:1, included (1] - JOYNER [4] - 62:3, 63:7, 63:17 51:12 53:19, 54:20 36:6 48 :8 integrity [31- 4:2, 4:7, 4:10, language [21- line -by -line [11- Loving [2] - includes [2] - 18:22, 33:14, 9 :23 13:6.13:12 53:19 4:11, 5:18 29:23, 50:12 56:1 Joyner (1] - 4:2 large [21- 13:8, links 121 - 42:15, Lower (11- 37:3 income (1] - JUI 3 - 1:12, 46:24 intend [1] - 7:4 y [ ] 49:10 lowest [1] - 37:7 53:12 intensive (1] - 36:1, 49:3 last 18] - 11:18, liquor [31- Luc[etto 1z1- increase 131- 21:8 June [1] - 16:4 25:18, 36:24, 37:20, 38:9, 15:22, 55:6 27:6, 31:20 37:12, 40:2, interceptor [11- 38:10 LUCIETTO [z] - increased [2] - 13:8 K 40:17, 52:5, LISA [11- 2:15 16:1, 55:6 4:17, 62:9 interested [1] - 57:10 listen (4) - LUS [41- 31:13, increasing 141 - 7:10 lastly (1] - 51:1 21:16, 37:13, 49:23, 60:10, 26:16, 27:2, KATHLEEN [1]- law [21- 50:18 30:15 intersection [61 2:18 37:14, 56:8 61:8 Indiana [1] - - 11:14,12:2, [3] - 40:4, 52:21 12:2, layout [1] - listening (11- Lutheran [2] - 14:8, 27:20, 39:2 3:7, 4:3 46:22 41:1, 58:21 lead 111 - 31:19 27:23, 28:3 keeping [11- Literally [1] - Lynn [11- 27:16 Depo•Court Reporting Service (630) 983 -0030 73 M 34:8, 35:20, Michigan p] - motions [1] - nasty [i] - 35:18 45:17 38:21, 39:11, 46:22 19:8 nation [5] - 32:1, next [8) - 3:6, 41:3, 41:18, midnight [2] - motor [t] - 31:14 43:8, 44:22, 4:24, 27:22, main [1] - 37:4 41:24, 54:17, 25:5, 25:6 motorists [2] - 45:24, 46:17 43:12, 44:24, maintain Ill - 56:18, 57:15, midyear [21- 33:1, 36:4 nation's [1] - 46:10, 48:5, 48:7 53:7 57:19, 61:24, 32:9, 47:5 move [4] - 6:2, 30:16 nice [6] - 9:10, maintained [i] - 64:10, 65:6, might [3] - 35:5, 58:5, 58:16, 60:6 national p] - 35:19, 39:23, 23:18 65:12 50:20, 56:11 moved [12] - 30:14 40:8, 40:9, 62:20 major [41- Mayor[4] - 2:2, Mill [i] - 3:12 3:15, 9:17,10:14, Nationally pl - nicely [1] - 6:11 24:22, 38:7, 10:24,11:12, MILLER (t] - 10:17,17:14, 36:22 night [4] - 15:2, 43:18, 45:17 22:1 62:2 57:5, 57:11, nationwide [q 34:12, 35:2, Man p] - 35:22 McLAUGHLIN Miller [1] - 62:2 57:23, 59:2, 59:4, 31:15 35:19 manage [l] - p] - 2:12 million (2] - 65:10 Native [i] - nights [1] - 22:18 mean (3] - 31:15, 31:18 movement [1] - 46:23 37:16 [ manufacture[l] 33:20, 33:22, 1 millions [1] - 44:22 Natural p] - nine [1] - 45:24 _ - 46:2 51:12 61:17 moves pl - 46:8 29:5 None [t] - 39:17 manufacturing means [1] - Milwaukee [1] - moving (3] - 3:5, nature p - 48:3 none h) - 49:8 lt] - 51:9 47:24 36:13 26:22, 59:5 near [1] - 28:3 nonreactive p] - margins [3] - meant [3] - mind [3] - 5:6, MR (30] - 2:3, nearby [4] - 51:21 37:3, 37:6, 37:11 23:23, 26:2, 40:4, 41:1 2:4, 2:5, 2:6, 2:7, 20:16, 21:12, Normally h] - Mark li] - 35:23 43:23 minimum It] - 2:12,2:14, 4:2, 27:20, 36:19 16:1 marketing h] - medical [2] - 23:17 4:7, 4:10,9:23, nearly It] - 28:2 north [»] - 5:22, 64:17 33:2, 34:2 ministry [t] - 10:24, 20:5, necessarily (1] - 8:1, 8:17,9:11, Marketplace [8] meet [l] - 23:6 4:20 21:24,34:10, 60:21 14:3,14:11, - 11:21,14:9, MEETING Ill - Minnesota [1] - 35:23, 38:23, necessary [q - 29:21, 38:3, 18:14,26:17, 1:4 48 : 22 39:13, 41:5, 59:10 54:20,56:21, 32:20, 56:24, meeting [8] - minute [t] - 41:22, 42:1, necessity [2] - 62:5 58:8, 58:20 1:10, 7:23, 11:6, 41:23 54:19, 56:19, 28:7, 28:14 northeast [3] - MARSHALL [3) - 16:4,16:9, 30:6, minutes [2] - 57:17, 57:21, need [ll] - 10:12,11:13, 38:23, 63:1, 63:6 37:24, 65:20 19:5,19:10 60:8, 60:17, 62:2, 13:23, 37:15, 28:19 Marshall 121 - meetings [4] - Miss [1] - 54:21 63:1, 63:6 38:1, 38:15, northern [3] - 38:23, 63:6 12:16, 55:11, mistakes [1] - MS [i5] - 2:2, 38:18, 46:19, 23:18,23:24, Mart (l] - 38:6 56:22, 62:22 31:3 2:8, 2:9, 2:15, 48:17, 48:18, 26:6 Martha [3] - meets [1] - mixed (1) - 64:6 2:18, 16:1, 19:20, 60:10, 61:8 nosedive [1] - 28:15, 28:16, 29:11 Mobil [1] - 39:24 27:16,28:16, needed (l) - 37:12 63:16 member[] - modified It] - 33:24, 34:6, 42:3, 53:21 note [1] 29:14 MARTY 11] - 2:6 20:6 23:17 55:6, 60:16, needs [3] - noted [1] - 6:4 Mason Ill - MEMBER [3) - 63:16 modify (i] - 26:1 20:14, 28:13, notes [4] - 17:2, 53:20 33:19, 34:4, modifying [q - MTBE [t5] - 37:14 17:19, 55:10, MasterCard [1] - 64:12 27:3 30:17,30:18, negative [1 ] - 66:9 36:21 members [7] - money [4] - 30:20, 30:21, 20:2 Nothing (q - material [l] - 16:11, 16:13, 27 :5, 31:22, 31:7, 31:19, neighbor [51- 49:24 30:7 16:16,18:23, 37:11, 37:20 34:17,35:18, 8:1, 9:11, 9:13, notice [1] - 6:7 Materials [i] - 19:14, 22:1, 56:3 monitored [1] - 45:19, 46:1, 46:2, 15:1, 38:24 noticed ll] - 30:12 Menard's [1] - 51:13 46:4, 61:3, 63:20, neighborhood 58:19 MATLOCK p] - 62:13 month [1] - 64:1 (1] - 38:15 Number ill - 56:19 mention p] - 27:23 municipality [1] neighbors (4] - 13:18 Matlock pl - 50:3 months (t] - - 53:12 8:4,8:5, 8:6,62:3 number [9] - 56:19 mentioned [4] - 17:16 MUNNS Ill - 2:6 never [2] - 6:24, 12:11, 16:10, Matt [l] - 40:6 7:6, 8:3, 33:9, most [1 1] - 31:1, must [l] - 43:24 37:10 31:24, 32:3, 50:5, matter (2] - 1:11, 55:23 35:12, 43:13, New [5] - 4:24, 50:6, 50:7, 50:9 23:5 met [2] - 20:14, 44:18, 47:5, N 5:2, 5:3, 6:11, numbers [9] - MAYOR [32] - 27:10 47:18, 50:17, 8:10 47:13, 47:14, 3:5,3:18, 4:5, metal [3] - 51:21, 52:24, new [9] - 12:8, 47:18, 48:16, 4:9, 8:19, 9:14, 44:12, 44:13, name ( - 4:2, 55:19, 61:10 8:23,11:1, 15:15, 12:13, 20:1, 49:18, 52:23, 9:19, 10:3, 10:15, 44:20 mostly [1] - 20:5, 34:8,54:5, 29:23, 54:1, 53:8, 53:22, 10:19,15:12, Metro's (1) - 28:21 54:19,57:21, 60:23, 60:24, 53:23 19:18, 20:4, 5:11 motion [4] - 63:5 61:2, 62:11 numerous [2] - 21:22, 27:14, Michael [2] - 3:13, 9:15,10:15, Naperville [2] - news Ill - 37:18 15:16, 34:21 28:15,33:17, 19:15, 20:5 65:8 57:4, 57:7 Next[2]- 10:3, Depo•Court Reporting Service (630) 983 -0030 74 O 18:16,19:3, 21:9, 25:24 28:14, 33:23, plan [131- 4:18, poor [11- 39:9 25:1, 25:4, 25:12, owners [3] - 34:3, 35:2, 40:6, 10:6, 13:23, portion [51- 3:2, 25:17, 39:17 11:4, 23:9, 27:1 40:9, 40:12, 18:12, 19:1, 9:24, 24:8, 26:6, Oberweis [l] - operations [11- 43:19, 58:12, 19:24, 22:9, 65:18 37 55:24 58:15, 59:11, 22:22, 22:24, P pose [l 30:20 objection [2] - operator [l1- 59:19, 59:22, 23:1, 24:12, Positive p] - 7:24, 8:2 36:14 59:23, 60:3, 61:9, 24:21 52:5 obtain p) - 25:6 opinion [21- p.m [l] - 1:13 62:10, 62:12, planned [31- positive [iI - obvious [1] - 6:18, 62:17 packet [s] - 62:15 17:22, 29:10, 52:6 8:11 opportunities 7:15, 12:17, percent [z1- 38:6 possibly Ill - Obviously 16:15, 20:9, Y l I [zl - 53:24, 54:2 36:24, 49:19 Planned [ 64:8 32 :8 perfect [l1- 3:10, 10:7, 11:10, potential 1s1- opportunity [3] - 42:11, 45:22, 47:7, 52:18 obviously [21- 42:13, 51:5, 63:15 11:19, 13:7 28 :2, 28:23, 27:19, 28:1 54:16 packets [11- perhaps [31- Planning p 30:22, 31:6, occurred [i] - opposed [41- 55:14 6:14, 7:6, 51:6 9:10, 11:9, 16:2, 33:24, 53:24 27:19 3:22, 9:21, 10:21, page [61- 43:12, period [l1- 34:5 16:10, 16:12, POWELL ill - 44:24, 45:17, octane [1] - 64:2 52:22 permit [21- 16:15, 17:4, 18:7, 2:14 OF [31- 1:5, opposition [1] - 48:5, 52:5, 53:18 12:15,13:3 18:22, 19:13, Power [4) - 1:10, 66:1 45 : 5 pages [11- permitted [21- 19:20, 20:7, 42:19, 43:13, office [9] - 12:3, orange [11- 50:19 24:5, 24:6 20:12, 21:5, 55:7, 48 :5, 52:4 12:19, 24:1, 35 :22 paper 121- personal [21- 55:10, 55:16, 24:15, 24:21, Orchard [i1- 20:20, 26:10 16:17, 45:13 55:21, 56:3 (1] - predecessors 25:23, 26:1, 26:2, paperwork [l1- P Plano - 38:5 preferred ill - 38:5 pesticide [z] - ( ] 38:14 16 order[] - 6:17 48:2, 50:12 plans [4] - 51:18 officially ill - ordinance [21- paragraph [i] - petition 14] - 3:8, 18:19, 58:4, 58:6, preliminary [21- 34:1 25 12:13, 23:7 7:14, 25:23, 26:5 58:10 7:9, 13:22 Ohio 11] - 46:22 original [91- parcel [3] - petitioner [4] - play [t1- 43:22 presence [l1- old [31- 17:19, 11:13, 13:14, 11:19, 13:7, 4:4, 10:5, 11:3, playground 1l1- 31:19 37:24, 48:9 23:22, 24:5, 54:1 22:21 14:24 present [s] - OLIVER 121 - 24:11, 25:4, Park [l[ - 7:9 petroleum pl - pleased [l1- 39:14, 42:6, 42:3, 60:16 25 :20, 27 :7, part [71- 5:10, 51:22 54:11 54:12, 54:16, Oliver [l1- 42:4 66:12 16:7, 30:1, 45:1, Phil [t] - 38:23 pleasure [i1- 64:20, 65:4 Oliver's - Orman - 37:8 46:6, 58:5, 62:15 Philip - 63:6 39:1 Oliver's ( 1) [ ] p[ ] presentation 121 54:21 ORR [1] - 2:18 part-time 1t1- phonetic [3] - Pledge [11- 3:1 - 4:6, 4:8 once [31- 7:11, Oswego 3 - 62:15 36:14, 37:8, 40:7 plenty [2] - 9 [ ] Y presented 131- 21:19, 45:14 3:12, 57:5, 57:9 particular [41- physical p] - 41:12, 41:13 22 :6, 22 :9, 42 :8 One z - 49:18, otherwise 2 - 13:11, 13:14, 53:11 PLOCHER [i1- f 1 [ ] presently [1] - 18:12, 56:17 49:21 13:24, 15:20 pick [t1- 58:9 2:7 21:21 t - particularly 131 - one [25] - 8:1, ourselves picked z - plus [11- 53:13 [ ] p' [ 1 press [1] - 45:23 43:14, 12:21, 13:18, 54:5 20:18, 58:2, 59:7 podium (z) - pressure [z] - 44:18 19:14, 19:15, outlets [1] - PICKERING [1] - 8:23, 15:14 36:8, 57:1 24:4, 24:22, parties [t] - 20:1 38:10 2:15 Point [4] - 42:19, pretty [l] - 51:24 24:24, 25:1, outside [t1- pass 1t1- 42:3 picture [1] - 43:13, 48:5, 52:4 previous [41- 31:13, 31:18, 60:4 passionate [1] - 46:20 point [s] - 11:16, 12:16, 35:10, 34:19, 36:9, 45 overall [i] - piece 121- 6:16, 18:21, 20:3, 20:9, 44:11, 56:23 38:18, 39:20, 13:24 passionately [11 6:22 37:7, 41:7, 41:8, previously [3] - 39:22, 40:17, overspill [t1- - 45:7 pipes [21- 58:18 23:13, 42:9, 43:8 41:22, 45:23, 45 : 20 past [3] - 17:19, 63:12, 64:3 points 141 - 19:7, PRICE [3] - 46:12, 49:4, overturned [1] - 62:22, 64:1 place 113] - 4:19, 22:4, 23:11, 28:16, 39:13, 61:15, 61:17, 48:2 patience [1] - 4:23,17:24, 41:10 63:16 64:20 49:17 Owens 1t1- 19:22, 27:8, P olice [1] - Price [31- 28:16, ones [21- 23:13, 60:13 Pay [�] - 25:24 27:21 27:22 40:21 39:13, 63:16 38:4 Owens- p pi - 39:20, 45:7, 46:1, policing [11- prices 15] - 36:8, open [51- 3:13, Corning [11- 36:11 53:2, 58:2, 66:9 49:15 36:17, 37:12, 7:5, 8:20, 16:21, 60:13 people [33] - Plan [121- 5:16, political [1] - 37:22, 38:1 64:22 own [51- 25:8, 15:13, 15:16, 7 :16, 7:18, 7:24, 50:1 pride p] - 54:5 operate [1] - 49:11, 49:13, 20:15, 21:1, 14:19, 15:23, pollution ill - principles [i] - 15 54:19, 58:22 21:12, 21:17, 23:16, 24:12, 30:19 64:13 operation (lo] - owner [31- 21:18, 22:7, 28:3, 25:1, 25:2, 29:23, pond (2] - 29:22, printout [l1- 13:3, 17:11, 22:15, 22:20, 28:5, 28:9, 28:10, 33:10 32:18 51:2 Depo•Court Reporting Service (630) 983 -0030 75 private [4] - 22:20, 22:21, 40:11, 43:22, 47:8, 48:9, 49:14, release [i] - Reserve [lI - 29:20, 29:22, 23:1, 23:2, 23:9, 44:15, 50:17, 59:8, 61:12 45:23 4:22 32:17, 45:13 23:10, 23:19, 61:4, 62:8 rear [1] - 14:20 releases [z) - reserved [1) - proactive [lI - 23:24, 24:8, puts p] - 29:8 reason [s) - 31:4, 47:20 38:13 46:8 26:24, 30:1, Putting [1) - 18:7, 42:11, 44:2, relevance (1] - residences [1] - problem 161 - 34:13, 53:4, 27:2 51:18, 52:7, 57:6 50:9 32:17 17:10, 33:7, 39:4, 53:11, 54:20, putting Ill - reasons [3] - remarks [11- resident [lI - 39:9, 44:21, 64:5 61:10, 62:5 17:16 49:21, 52:7, 62:8 24:3 56:20 problems [8] - proposal [5] - Rebecca (l) - remember (31- residential [z] - 32:4, 36:9, 44:10, 4:11, 20:1, 25:10, Q 42:4 17:14, 50:10, 14:11, 29:20 44:11, 51:11, 25:13, 53:5 received [3] - 56:4 residents [5] - 61:7, 63:9, 64:23 proposed [7] - 28:18, 28:24, remind 121 - 41:9, 43:5, 43:11, Proceedings IU 7:24, 12:17, quadrant 121 - 30:6 55:15, 55:20 53:14, 59:13 - 66:7 25:16, 51:3, 12:2, 12:4 recent (2) - 47:5, repeat [31- resist [l] - 63:1 proceedings [4] 52:20, 56:23, quality 121 50:17 1,5:17, 20:7, 63:4 Resource Ill - - 3:3, 10:1, 65:17, 57:13 21:20, 54:8 recently [1) - REPORT [l] - 43:15 66:5 proposing (31- questions [61 52:24 1:10 Resources (�I - PROCEEDING 14:18, 24:4, 53:2 8:21, 9:2, 9:3, recitals 1z) - Report 13) - 2 9:6 S [1] - 1:10 protect [i] - 9q [ 58:16 25:15, 25:20 29:5, 48:23, 66:7 resources Ili - process 13) - 44:23 quick ck [1] i) - 23:15 recognize [�) - report [5) - 29:7, 30:14 7:15, 26:18, protecting quickly [3] - 9 [ 1 19:13 31:11, 32:7, 32:9, respect 131 - 26:19 29:24 17:7, 33:6, 36:4 recommendati 47:5, 48:4, 48:7, 12:10, 25:23, processes [l) - Protection [1] - quite 141- 17:2, on [1) - 56:17 63:18 64:21 49:15 31:1 40:7, 50:8, 62:17 recommendati reportable [21 - 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42:15 year [11] - 12:9, terms [8] - 5:21, 63:10, 64:21, website [z] - 19:23, 31:16, 58:9 45:17, 47:15, 64:22, 64:24 63:3, 63:8 32:5, 36:4, 36:16, 7:14, 12:5, 13:16, traffic [s] - 47:18, 48:10, 15:1, 20:19, 24:20, 26:16, 55:16, 64:13 upcoming [1] - wells [5] - 21:3, 37:1, 37:12, 20:22 25:19 27:23 29:20, 30:21, 47:20, 49:3, 26:22, 27:6, ty pe [3] - 18:2, uphold [1] - 53:8 32:17, 64:9 52:16 testimony [4] - 32:24, 33:6, 29:16, 29:18 30:10, 63:19, , , 629 types [z] - upset [1] - 16:11 west [5] - 6:21, yearly [1] - 48:10 40:23 55:3 : 63:23, 66:17 0:23, [s] - 62: 47:23, 48:1 user [2] - 12:19, 7:22, 11:23, years [1s] - Trail 12:22, 32:20, 17:13, 18:11, Depo•Court Reporting Service (630) 983 -0030 78 18:13, 34:6, 34:7, 38:24, 39:14, 39:15, 41:6, 49:6, 49:7, 54:21, 57:5, 57:10, 57:24, 58:21, 62:17 YORKVILLE ICI - 1:5 Yorkville 1371- 1:14, 2:20, 3:8, 4:22, 5:10, 7:9, 8:17, 10:6, 10:13, 11:2, 11:21, 13:10, 13:13, 13:22, 14:9, 22:16, 27:17, 28:5, 28:17, 34:11, 34:14, 35:24, 39:15, 39:16, 57:5, 57:7, 57:22, 58:2, 58:5, 59:3, 59:5, 59:21, 59:23, 60:5, 62:3, 63:7 Yorkville - Bristol 121 - 13:10, 13:13 yourself 131- 4:1, 48:14, 50:23 Z zeros 111- 48:13 j zone 111- 6:10 zoning 121 - 6:8, 7:19 I I I I I Depo•Court Reporting Service (630) 983 -0030