City Council Minutes 2008 11-10-08 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY, NOVEMBER 10, 2008
Mayor Burd called the meeting to order at 7:03P.M and led the Council in the Pledge of Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I Allen Present
Werderich Present
Ward II Golinski Present
Plocher Absent
Ward III Munns Present
Sutcliff Present
Ward IV Besco Absent
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator
McLaughlin, Assistant City Administrator Olson, Public Works Director Dhuse, Police Chief Martin,
Police Lieutenants Hart & Schwartzkopf, Director of Park & Recreation Mogle, Community
Development Director Miller and City Engineer Wywrot.
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them
to enter their names on the attendance sheet provided.
Mayor Burd announced that the City Council attended a workshop session and one of the suggestions
made was, that before the beginning of the meeting as mayor and chairman of the group, she comment on
procedural issues. One issue is that the group will not tolerate in their discussions any personal attacks
and that issues will be debated with respect towards each other and their differing opinions and that the
group will hold itself to theses standards because that is what is expected of them. She stated that this is
how she plans to rule on issues from this time forward.
AMENDMENTS TO THE AGENDA
Mayor Burd asked that the City Attorney's Report be moved to after the consent agenda.
The change was unanimously approved by a viva voce vote.
COMMITTEE MEETING DATES
Public Works Committee 6:00 p.m., November 18, 2008
City Hall Conference Room
Economic Development Committee 7:00 P.M., December 2, 2008
City Hall Conference Room
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Administration Committee 6:00 p.m., November 13, 2008
City Hall Conference Room
Public Safety Committee 6:00 P.M., November 24, 2008
City Hall Conference Room
PRESENTATIONS
None.
PUBLIC HEARINGS
Countryside Center Business District
Please see attached Report of Proceedings by Teresa S. Grandchamp, C.S.R. from Depo Court Reporting
Service for the transcription of this portion of the public hearing.
CITIZEN COMMENTS
None.
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The Minutes of the Regular Meeting of the Citv Council — November 10, 2008 — naee 2
CONSENT AGENDA
None.
ATTORNEY'S REPORT
Attorney Orr reported on the following:
• Aspen Ridge Litigation - the City Council received an amended complaint at their desks.
Attorney Orr stated that they would be getting a written report on the amended complaint at the
next City Council meeting. There was an original complaint made and a motion was made to
dismiss on behalf of the city and named defendants. The judge was receptive to items brought
forward and there will be another motion to dismiss filed.
• Price et al v. United City of Yorkville - there is new litigation due to the rezoning at Route 34 and
Cannonball Trail. This was forwarded to the city's insurance carrier who responded there is no
coverage under the IML insurance policy because there is no specific dollar amount in the
complaint.
• There is no need for an Executive Session tonight.
• There are two items under the Mayor's Report:
• Previously the City Council passed a resolution stating that Robert's Rules apply. Under
the mayor's report there is an ordinance to be passed so that the adoption of Robert's
Rules is codified for future reference
• There is also an ordinance regarding setting sessions. Sessions are determined by a
legislative body so this ordinance will adopt what the City Council considers a session.
This limits a session to one year.
Alderman Spears asked if the previous resolution was only good for a year. Attorney Orr explained that
the resolution is good for longer than a year however no one can find things passed by resolution because
they are not put in the city's code book. She stated that nothing is changed other than now it is an
ordinance that will be codified and placed in the code book.
Alderman Werderich asked if copies of the new lawsuit were made available to the City Council.
Administrator McLaughlin stated that the members of the Council should have received this information
in their October 31, 2008 packets. Attorney Orr stated she would have copies made and re- distributed.
Alderman Golinski asked if another ordinance was needed when the adoption of Robert's Rules was
covered in the Governing Ordinance. Attorney Orr stated that she saw the reference in the Governing
Ordinance however could not find it in the code book; this is just a housekeeping matter.
PLAN COMMISSION /ZONING BOARD OF APPEAL
Director Miller reported that the next Plan Commission meeting was scheduled for November 11, 2008 at
7:00 p.m. and the next Zoning Board of Appeals meeting for December 3, 2008 at 7:00 p.m.
MINUTES FOR APPROVAL
A motion was made by Alderman Munns to approve the minutes of the City Council meetings of October
14, 2008; seconded by Alderman Allen.
Motion approved by a viva voce vote.
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BILLS FOR APPROVAL
A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board
Report dated November 6, 2008 totaling the following amounts: checks in the amount of $554, 947.12
(vendors); $271,592.17 (payroll period ending 10/25/08); $19, 113.52 (payroll period ending 10/31/08);
for a total of $845,652.81; seconded by Alderman Werderich.
Alderman Spears started that she spoke with staff earlier but still had the following questions:
° Page 11 - Jewel — plastic spoons, forks, cupcakes, etc. in the amount of $72.61. She suggested
that the city concentrate on conservation and have staff use washable mugs and their own
silverware. She also noted that Community Developmental and Admin Depts. are continually
buying treats. She questioned the necessity. Administrator McLaughlin stated that he had no
idea what the cupcakes and cookies were for.
° Page 14 — Lanemuch, Laner, Muchin, Dombrow, Becker — for counseling; grievance in the
amount of $3,065.85. Alderman Spears question why she was not aware of these grievances and
Mayor Burd explained that there had been two grievances that did not concern the City Council
which the City Administrator handled. Alderman Spears noted that these were being paid for by
taxpayer's dollar and she would like more information about the grievances. She asked that
communication improve with the City Council.
The Minutes of the Regular Meeting of the Citv Council — November 10. 2008 — nage 3
° Page 21— Anne Engelhardt — for Low Carbon Diet Book in the amount of $10.40. Director
Miller explained that this was for a book purchased by the Green Committee to be added to the
Library. Mayor Burd added that the book is not a food diet but rather a book on carbon usage in
the community.
° Page 23 — Upper Crust Catering — Community Relations cookies — Holiday Under the Stars in the
amount of $490.00. Mayor Burd explained that the cookies are for the holiday event.
° Page 24 — Visa — travel charges for Community Development in the amount of $435.00. Director
Miller explained that this was for a conference in Champaign, Illinois. He sent staff members
down for the conference and they stayed overnight.
° Page 25 — Community Development — LAY Conference Room in the amount of $112.00.
Alderman Spears asked if this was related to the same conference and Director Miller stated it
was.
Motion approved by a roll call vote. Ayes -5 Nays -1
Munns -aye, Spears -nay, Sutcliff- -aye, Werderich -aye, Golinski -aye, Allen -aye
REPORTS
MAYOR'S REPORT
Appointment of Human Resource Commission
(CC 2008 -85)
Mayor Burd entertained a motion to approve the appointment of Scott Gengler as the Chairman of the
Human Resource Commission. So moved by Alderman Munns; seconded by Alderman Allen.
Alderman Golinski questioned the number of chairman the Human Resource Commission has. Mayor
Burd explained just one, the previous chairman has resigned.
Motion approved by a roll call vote. Ayes -5 Nays -1
Werderich -aye, Golinski -aye, Allen -aye, Sutcliff -aye, Mums -aye, Spears -nay
Establishing Proposed Tag levy for Public Hearing
(CC 2008 -86)
Mayor Burd entertained a motion to approve a tax levy estimate for 2008, to be used for purposes of
conducting a public hearing on the tax levy in the amount of $3,277,576.00. So moved by Alderman
Sutcliff; Alderman Werderich.
Administrator McLaughlin explained that this sets the notice for a public hearing. He stated that a
cushion has been figured in because Kendall County is not done with their calculations.
Alderman Allen noted that there has been an increase since last year and that a home valued at
$250,000.00 will see an increase of about $25.00.
Motion approved by a roll call vote. Ayes -6 Nays -0
Werderich -aye, Golinski -aye, Allen -aye, Sutcliff -aye, Munn -aye, Spears -aye
Risk Management Annual Bill
(CC 2008 -87)
Mayor Burd entertained a motion to approve payment of Illinois Municipal League Risk Management
Association Invoice in the amount of $240,756.60. So moved by Alderman Allen; seconded by Alderman
Gohnski.
Alderman Spears stated that this is the third or fourth year that the bill is submitted at a late date. She
asked if the Council could get the bill earlier so it could have time to go through the comments.
Administrator McLaughlin recommended that the city go out for bid next year to see if it can get better
coverage for less cost. Attorney Orr agreed that there could be better coverage.
Alderman Allen stated he was concerned that the city feels it has legal protection however when it needed
the coverage for legal matters IML did not cover it.
Alderman Golinski asked if the insurance covered any lawsuits last year. Administrator McLaughlin
stated that it covered two suits. Alderman Golinski asked if this came close to the cost of coverage.
Administrator McLaughlin noted that IML not only covered the two lawsuits but also vehicles, property,
etc.
The Minutes of the Regular Meeting of the Citv Council — November 10, 2008 — na se 4
Motion approved by a roll call vote. Ayes -5 Nays -1
Golinski -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -nay, Werderich -aye
Ordinance 2008 -96 Amending the Code of Ordinances Regarding Setting Sessions
(CC 2008 -88)
Mayor Burd entertained a motion to approve an ordinance amending the Code of Ordinances regarding
the Session of City Council, as presented, and authorize the Mayor and City Clerk to execute. So moved
- by Alderman Mums; seconded by Alderman Werderich.
Motion approved by a roll call vote. Ayes -6 Nays -0
Allen -aye, Sutcliff -aye, Mums -aye, Spears -aye, Werderich -aye, Golinski -aye
Ordinance 2008 -97 Amending the Code of Ordinances Regarding Robert's Rules of Order
(CC 2008 -89)
Mayor Burd entertained a motion to approve an ordinance amending the Code of Ordinances regarding
Robert's Rules of Order, as presented, and authorize the Mayor and City Clerk to execute. So moved by
Alderman Werderich; seconded by Alderman Allen.
Alderman Spears stated that a resolution addressing this was adopting in 2000 and this is a costly
housekeeping matter due to attorney and codifier fees. She also asked that the reference to Ancel, Glink &
Assoc. be removed as the city has not had the best experiences with them. Mayor Burd noted that they
are the law firm the IML uses and they have done their handbook.
Alderman Allen questioned if the 2000 resolution addressing this was found. Mayor Burd stated that it
was. Attorney Orr explained her research regarding what determined a session. She had difficulty
finding when the City Council adopted Robert's Rules because it was approved as a resolution. If it had
been passed as an ordinance it would have been codified and easy to track.
Mayor Burd stated that it is cheaper to codify which is an aid to future Councils.
Alderman Golinski asked if there was a database for ordinances and resolution. Clerk Milschewski
explained there is a database and that all resolutions and ordinances are entered. Older ordinances and
resolutions had been entered into a database at one time by summer help however the database crashed
and all the older information was lost.
Attorney Orr stated that she suggested that this be put into ordinance form to be helpful.
Motion approved by a roll call vote. Ayes -5 Nays -1
Allen -aye, Sutcliff -aye, Munns -aye, Spears -nay, Werderich -aye, Gohnski -aye
CITY COUNCIL REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOWS REPORT
Administrator McLaughlin reported that Van Emmon and the alley behind Tuscan Plaza have been paved.
Also the Route 47 and F.E. Wheaton signal should be operating around Christmas.
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Ordinance 2008 -98 Authorizing the Issuance of General Obligation Refunding Bonds
(Alternative Revenue Source) in an Aggregate Principal Amount
Not to Exceed $2,500,000.00, Series 2005D
(Rob Roy Creek Interceptor)
Mayor Burd entertained a motion to approve an ordinance authorizing the issuance of General Obligation
Refunding Bonds (Alternate Revenue Source) in an aggregate principal amount not to exceed
$2,500,00.00 for the purpose of paying costs to refund a portion of the City's General Obligation Bonds
(Alternate Revenue Source), Series 2005D and authorize the Mayor and City Clerk to execute. So moved
by Alderman Mums; seconded by Alderman Sutcliff.
Administrator McLaughlin explained that staff has been working with the bond holder for the Rob Roy
Creek Interceptor to see if the bond could be renegotiated. It is currently a seven -year bond for $12
million. The bond holder has agreed to forego the first two years of principal payments and put this at the
The Minutes of the Regular Meetine of the Citv Council — November 10, 2008 — page 5
tail end of the bond term which delays a sizeable payment. He also noted that he tried to get a longer
term but this was not possible.
Alderman Spears asked if homeowners will be responsible for the payment and Administrator
McLaughlin stated that the homeowners were made responsible when the City Council passed the bond
issue. Alderman Spears asked if they would be seeing a tax increase and Administrator McLaughlin
explained that this delays the impact on the homeowner's taxes which is a benefit for the residents.
Treasurer Powell commented that this was a good move for the city.
Motion approved by a roll call vote. Ayes -6 Nays -0
Sutcliff -aye, Munns -aye, Spears -aye, Werderich -aye, Golinski -aye, Allen -aye
FINANCE DIRECTOR'S REPORT
No report. j
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that this week is leaf pick -up for the north side of town and next week the south
side of town would be picked up.
CHIEF OF POLICE'S REPORT
Chief Martin reported on the following:
• Sixty -five people participated in the Senior Police Academy. It was a successful event and
everyone enjoyed themselves.
• On November 13, 2008 there will be a Secretary of State Super Senior event at the Beecher
Center from 10:00 a.m. to 2:00 p.m. Letters were sent to local seniors inviting them to attend.
• On November 11, 2008, there will be a Kendall County Food Pantry fundraising event at Ralph's
from 5:30 p.m. to 8:00 p.m.
DIRECTOR OF PARKS & RECREATION'S REPORT
Director Mogle reported on the following:
° On November 23, 2008 the Park & Recreation Department will be hosting a Chili Chase 5K run.
So far 41 people have signed up to participate.
On December 5, 2008 the Park & Recreation Department will be hosting a Polar Express event.
Two train cars will be used to provide transportation to Downers Grove, Illinois. The first car
filled up in forty-five minutes, the second is also filled and there is a waiting list. He reported
that 200 people signed up in 48 hours.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
Director Miller reported that staff would be working on an update to the zoning ordinance this week and
he would report back progress to the City Council.
COMMUNITY RELATIONS OFFICER'S REPORT
No report.
COMMUNITY & LIAISON REPORT
Alderman Golinski reported that the Aurora Area Convention and Visitor Bureau would be hosting its
Christmas Event on December 2, 2008 at Payton's Roundhouse at 11:30 a.m.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Ordinance 2008- 99 Cross Connection Control Ordinance
(PW 2008 -128)
A motion was made by Alderman Allen to approve an ordinance amending the City Code regarding Cross
Connection Control, as presented, and authorize the Mayor and City Clerk to execute; seconded by
Alderman Golinski.
Alderman Spears asked what revisions were made. Director Dhuse explained that the EPA did an
inspection and suggested an update to the original 1990 ordinance.
Motion approved by a roll call vote. Ayes -6 Nays -0
Munns -aye, Spears -aye, Werderich -aye, Golinski -aye, Allen -aye, Sutcliff -aye
The Minutes of the Reeular Meeting of the Citv Council — November 10. 2008 — Da ee66
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Workshop
Administrator McLaughlin reported that some members of the City Council attended a workshop on
Saturday November 8, 2008 on team building. Personality types were discussed as well as
communications skills.
Sponsor Forms
Alderman Spears noted that on the city's website there is a sponsorship form which needs to be removed.
She also noted that there is a 2007 Outstanding Citizen application on the site. She asked that the website
be updated as well as the information on the cable television station.
Street Name Dedication
Alderman Spears asked the status on the dedication of the Identa Austin Street. Assistant City
Administrator Olson stated that this was on the Human Resource Commission agenda and the cost is
being researched. Mayor Burd noted that a joint event to dedicate all the historic street names is being
researched.
Veteran's Day
Alderman Allen asked the community to remember the sacrifice made by veterans and enjoy the freedom
they provided.
EXECUTIVE SESSION
None.
ADJOURNMENT
Mayor Burd entertained a motion to adjourn. So moved by Alderman Werderich; seconded by Alderman
Gohnski.
Motion unanim ously approved by a viva voce vote.
Meeting adjourned at 8:03 p.m.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
REGULAR CITY COUNCIL MEETING
NOVEMBER 10 2008
PLEASE PRINT
NAME: ADDRESS:
SKiNIN
CITY COUNCIL MEETING
UNITED CITY OF YORKVILLE, ILLINOIS
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REPORT OF PROCEEDINGS had at the meeting
of the above - entitled matter taken before
TERESA S. GRANDCHAMP, C.S.R., on November 10,
I
2008, at the hour of 7:00 p.m., at 800 Game Farm
i
Road in the City of Yorkville, Illinois.
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_.
D- 861408
REPO • COURT
reporting service
DUPAGE COUNTY KANE COUNTY
1212 S. Naper Blvd., Ste. 119 -185 630 - 983 -0030 • Fax 630 - 907 -9710 1051 Ketel Ave.
Naperville, IL 60540 Email: depocourt@comcast.net North Aurora, IL 60542
2
1 P R E S E N T:
2 MS. VALERIE BURD, Mayor;
3 MR. BOB ALLEN, Alderman;
4 MR. GARY GOLINSKI, Alderman;
5 MR. MARTY MUNNS, Alderman;
6 MS. ROSE ANN SPEARS, Alderwoman;
7 MS. ROBYN SUTCLIFF, Alderwoman;
8 MR. WALLY WERDERICH, Alderman.
9
10
11 MR. BRENDAN McLAUGHLIN, City
12 Administrator;
13 MR. WILLIAM POWELL, City Treasurer;
14 MS. JACQUELYN MILSCHEWSKI, City Clerk.
15
l 16 A P P E A R A N C E S:
17 BY: MS. KATHLEEN FIELD ORR,
I '
I _
18 appeared on behalf of the United
19 City of Yorkville, Illinois.
20 - - -
21
22
23
24
Depo•Court Reporting Service (630) 983 -0030
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3
1 (Pledge of Allegiance)
2 (WHEREUPON a portion of
3 the proceedings was not
4 herein transcribed.)
08:OOPM 5 MAYOR BURD: Tonight we have no
i
6 presentations, but we have one public hearing on
iI
7 the Countryside Center Business District. This is
8 the second public hearing for this event. I
9 believe there is someone here tonight from
08:04PM 10 Tri -Land.
11 MR. ROBINSON: I'm Hugh Robinson with
12 Tri -Land Properties representing the Countryside
13 Center, the redevelopment of that.
14 We're here for the second public
08:04PM 15 hearing for the establishment of the Business
16 District, and I don't know that -- if I need to go
17 through exactly the plan that we presented to this
18 point in time. I think it's been aired on a
19 number of different occasions, but I would gladly
08:04PM 20 be prepared to answer any questions that anyone
21 might have.
22 MAYOR BURD: Okay. Is there anyone in
23 the audience who would like to ask a question on
24 the Countryside Center Business District? No
Depo•Court Reporting Service (630) 983 -0030
4
1 questions?
2 Anybody on the City Council who have
3 any questions? Yes, Alderman Allen.
4 ALDERMAN ALLEN: Your Honor, your item
1
08:05PM 5 11 to create a Business District Development and
6 Redevelopment Commission to act as agent for the
7 municipality for the purpose of Business District
8 development and redevelopment, should I address
9 the question of the role of that to Mr. Robinson
08:05PM 10 or would I address the question of what -- what
11 would that comprise of, who will be on that, the
12 business district commission?
13 MS. ORR: A Business District Commission
14 is simply an alternate methodology to control or
08:05PM 15 direct the implementation of the Business District
16 plan. You can also do that in a TIF. My
17 experience, Alderman Allen, is that the City
18 Council has always retained that control,
19 prerogative, review, etcetera, as opposed to
08:06PM 20 having a separate commission. That's just one of
21 the authorities that is -- once you adopt a
22 Business District plan, that's a potential avenue
i 23 of authority to set up the commission.
' 24 ALDERMAN ALLEN: So this doesn't mean we
Depo•Court Reporting Service (630) 983 -0030
5
1 will be --
2 MS. ORR: No, it does not.
3 ALDERMAN ALLEN: -- creating a new
4 entity?
08:06PM 5 MS. ORR: My experience since 1999 is
1
6 the City Council has retained all review rights
r�
7 over any development plans, and having had
8 experience with the United City of Yorkville, I
9 would hope that that would remain the same.
08:06PM 10 ALDERMAN ALLEN: Very good.
11 MAYOR BURD: Any other comments or
12 questions?
i
13 ALDERMAN ALLEN: Thanks for coming
14 tonight, Mr. Robinson.
08:06PM 15 MAYOR BURD: Yes, thank you very much.
16 MS. ORR: Thank you.
17 MAYOR BURD: We'll close the public
18 hearing.
19 (Which were all the
20 proceedings had at the
21 public hearing portion of
22 the City Council
23 meeting.)
24
Depo•Court Reporting Service (630) 983 -0030
6
1 STATE OF ILLINOIS )
SS.
2 COUNTY K A N E )
3 I, Teresa S. Grandchamp, a
4 Certified Shorthand Reporter, do hereby certify
5 that I reported in shorthand the proceedings had
I'
6 at the hearing of the above - entitled cause and
7 that the foregoing Report of Proceedings is a
8 true, correct, and complete transcript of my
9 shorthand notes so taken at the time and place
10 aforesaid.
11 I further certify that my
12 certificate annexed hereto applies to the original
i
13 transcript and copies thereof, signed and
I ! 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 5th day of December,
19 A.D., 2008.
20
21 l-
22 Teresa S. Grandchamp, CSR
il. 23 CSR No. 084 - 002853
24
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Depo•Court Reporting Service (630) 983 -0030
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Depo•Court Reporting Service (630) 983 -0030
UNITED CITY OF YORKVILLE
HUMAN RESOURCES COMMISSION
COMMITTEE MEETING
800 Game Farm Road / Yorkville, Illinois 60560
AGENDA
Date: Wednesday, December 17, 2008
f Time: 6:30PM
City Hall Conference Room
This meeting has been cancelled.
The next regularly scheduled meeting will be Wednesday, January 21, 2009.
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