City Council Minutes 1998 11-05-98 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY
OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY
BOARD ROOM, 111 W. FOX ST., YORKVILLE ON THURSDAY, NOVEMBER 5, 1998.
Mayor Bob Johnson called the meeting to order at 7:02 p.m. and led the Council in the
Pledge of Allegiance.
ROLL CALL
Clerk Simmons called the roll.
Ward I Spang Present
Sticka Present
Ward II Burd Present
Kot Present
Ward III Anderson Present
Prochaska Present
Ward IV Sowinski Present
Spears Present
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Johnson welcomed those present and asked them to introduce themselves and to
enter their name on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Economic Development Committee Report - Farm Bureau Parking Agreement will be for
a consensus rather than a vote.
Executive Session - Tabled.
COMMITTEE MEETING DATES
Public Works Committee 6:30 P.M. Kendall County Building
Monday November 16, 1998 Conference Room - Suite 3
Economic Development Committee 7:00 P.M. Kendall County Building
Tuesday November 17, 1998 Conference Room - Suite 3
Public Safety Committee 6:30 P.M. Kendall County Building
Monday November 23, 1998 Conference Room - Suite 3
Administration Committee 6:30 P.M. Kendall County Building
Tuesday November 10, 1998 Conference Room - Suite 3
CITIZENS COMMENTS
Attorney Peter Kranz who represents the Cannonball Trail Civic League stated that they
are objecting to the special use rezoning for a animal kennel on Cannonball Trail. He
stated that one of the objections is that what is proposed is a business and does not fit at
this location. He stated that it does not conform to the comprehensive plan that was
adopted by the Council a year ago. He stated that it will bring substantial traffic to the
area. He said there appears to be some storm water drainage concern. He stated that if
the property is annexed the City Council will have to address the question as to whether
it will come in as business zoning or if it comes in under agricultural zoning it will have to
have special uses. He stated that a 9 to 10,000 square foot pole building is not compatible
with the development in this area. He expressed concern regarding the grooming of dogs
and questioned if this was proper activity and whether it is allowable. He stated that he
thinks the ordinance needs to be clarified. He stated they are asking the City Council to
raise the question to the County Board as to whether it was the intent of the County
Ordinance to authorize a Commercial Kennel in an Agricultural Zoning. He asked if there
Minutes - Regular Meeting of The City Council November 5. 1998 - Page 2
should be a list of permitted uses or prohibited uses defined in the Ordinance. He asked
should there be restrictions on locating a kennel in the Agricultural Zoning use, specifically
in an area that is already developed as a single family/low density housing area. He
stated that his clients are concerned about their property values and the substantial
change in their lives and asked the Council for their consideration of their position.
Frank Vitek - resident of Cannonball Trail stated that he is a member of the Cannonball
Trail Civic League. He asked Martha Price to pass out copies of the Kendall County
Zoning Ordinance. He stated their quarrel with the County is the use of the word kennel
in the definition of Agricultural. He stated that it is not define whether it is a commercial
kennel or a private kennel. He stated further on they do have the definition for commercial
kennel and private kennel. He stated they also have a definition of business. He said it
states a private kennel is not for profit, the commercial kennel states for profit, the
business states its for profit. He said what they are after the County to do is to define what
they mean by kennel in the agricultural definition. He said that they are going to contend
that they cannot put a kennel under Al. He said they think this would be spot zoning and
its a loop hole in the zoning ordinances. He said it goes against the comprehensive plan
which is low density residential.
Otto Cook-resident of Cannonball Trail stated that he is a member of the Cannonball Trail
Civic League also. He stated part of the problem is the cross jurisdictional nature of the
County and the City and the Bristol Township Board. He stated the essential issue is non
conformity. He stated that if this is allowed, we are allowing nonconforming use against
our own plan, which is to have residential property in this area. He stated that this area
has been residential for over 30 years except the farm encroaches the other side of the
street where there aren't as many residents there. He stated that they would like to have
the farm there forever, but eventually it will be developed and it should be developed
residential property. He stated they feel retail selling is inappropriate to this area and
having an attendant living on the property is merely to save them money and not have the
place manned 24 hours a day. He stated there are issues of traffic at the corner and there
is also a noise factor with barking dogs. Mr. Cook read a letter from the Reverend Richard
Turner of the New Life Assembly of Go Church, located at 3205 Cannonball Trail, stating
their objections to any kind of retail business proposed for the property adjacent to any part
of their property. Mr. Cook stated they ardently plead to the Council to consider their
wishes in this area and not move ahead, and not supply water and sewer to a
nonconforming use.
Martha Price - resident of 29 Hickory Lane passed out copies of the petitions that were
presented to the Bristol Township Board, Wednesday, November 4.
Jim Rohrbach - resident of 10 Amanda Lane stated that they just found out about the dog
grooming last night(Wednesday, November 4) at the Bristol Township Board meeting and
was also wondering if they were planning to put animals to sleep there also and asked if
someone could address this issue also.
Troy Janssen - resident of 6 Amanda Lane stated that they know a lot about the outside
of the building but no one has addressed what is going to be on the inside of the building.
He stated that he came to this area because of the rural nature of the property. He stated
he wants to preserve the value of his property and is very concerned what special use
would do to his property value as well as what the kennel would do it in general and asked
for the Councils consideration.
PUBLIC HEARING
None.
PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD
Alderman Prochaska stated the Zoning Board of Appeals met Wednesday, November 4
Minutes - Regular Meeting of The City Council November 5. 1998 - Page 3
to discuss the request for height variance for the proposed Hotel behind the Amoco. He
said the Board did vote to recommend approval of the variance to the City Council. He
said the Board had documentation that there had been a published announcement for the
variance but raised the question as to whether neighbors had been informed and if they
had to be informed. He said that the Board made the recommendation to the City Council
and the City Council will have to vote on the issue at some point in time and these
questions need to be answered.
City Attorney Dan Kramer stated the Zoning Board of Appeals recommendation is strictly
advisory on height, it has to be approved by a 2/3 majority of the City Council to be an
affective variance. He stated publication is sufficient, but customarily for variances the City
does send certified mailings to owners within 200 feet adjoining the property. He said
even if the letters were not sent out, it could be published for the next Council meeting.
He said the letters should be mailed.
City Administrator Jim Nanninga stated the he was not sure the letters were sent out.
There was discussion that the variance would be discussed at the next Committee of the
Whole meeting and published for a Public Hearing at the City Council meeting in
December.
PROPOSED SCHLAPP KENNEL - KENDALL COUNTY REQUEST
Alan Garrow, Attorney for Dr. Gary Schlapp stated the property is currently zoned A-1 and
Kendall County's ordinance under an A-1 zoning, kennels are permitted. He stated that
Dr. Schlapp can build a kennel under existing County Ordinances. He stated what he is
seeking is a special use designation so Dr. Schlapp can incorporate into the kennel living
quarters for an attendant and a special use designation that would allow him some retail
sales, much like what occurs in his clinic. Attorney Garrow stated regarding the comment
made should this property be annexed into the City of Yorkville it would have to come in
as a business use. He stated that this was not true. He said under 9-3 of the City
Ordinances, commercial or private dog kennels are allowed as a special use under A-1.
He said that should this property become part of the City of Yorkville it can remain A-1.
He said in the City Ordinances kennels are to be located 500 feet from a residential lot
line. He said the lot is approximately 800 feet deep. He said the building will be 100 feet
off the rear property line and the building is 130 feet. He said from the front of the building
to the back of the lot line is 230 feet, which leaves 570 feet remaining between the building
and the next residential lot line. He said the property all around it is A-1, the only
residential zoning is on the opposite side of the street. He said should it become annexed
to the City it would be in keeping with the setback requirements of the City and can remain
A-1. He said regarding the issue of noise, the kennel is entirely an indoor operation. He
said the building is going to be insulated with 5/8" drywall in some areas and other areas
it will be sheathed with a double layer of 5/8" drywall. He said the dogs will be indoors
and noise is not going to be a problem. He said there are no plans to move the clinic from
its current location to the kennel. He said it is going to be operated solely as a kennel.
He said dogs are not going to be put to sleep there nor are there going to be any shots or
surgeries or anything of this nature conducted there. He said this is going to be a
commercial kennel to house and care for dogs. He said A-1 zoning in the County permits
the construction of the facility and is asking for merely a special use designation to have
a living quarters and the retail sales. He said the issue is not whether or not the kennel
is going to go up, but whether or not there can be an attendant on duty.
Alderman Sticka asked if the County Zoning Ordinance makes any specification as to
which type of kennel is permitted.
Attorney Garrow stated the County's position in the Building and Permit Department is
commercial kennels are permitted under Ag and referenced page 3-2 of the County
Ordinances where they define Agricultural and it only specifies the word kennels.
A motion was made by Alderman Prochaska to recommend approval of the petitioner's
Minutes - Regular Meeting of The City Council November 5. 1998 - Page 4
request to Kendall County for quarters for a live in caretaker as a Special use to the
current County Al zoning which allows a kennel on the property described in PC98-15
located on Cannonball Trail just West of the New Life Assembly Church conditional upon
extensive landscaping, 500 foot building setback from any residential zoned property and
a high quality building facade as approved by the City's planning consultant prior to
issuance of a county building permit; seconded by Alderman Sowinski.
Approved by roll call vote.
Kot present Spears present
Burd present Sowinski aye
Anderson nay Prochaska aye
Sticka nay Spang aye
Johnson aye
Ayes: 4 Nays: 2 Present: 3
A motion was made by Alderman Prochaska to recommend approval of the petitioner's
request to Kendall County for related retail sales as a Special use to the current County
Ag1 zoning which allows a kennel on the property described in PC98-15 located on
Cannonball Trail just West of the New Life Assembly Church conditional upon extensive
landscaping, 500 feet building setback from any residential zoned property and a high
quality building facade as approved by the City's planning consultant prior to issuance of
a county building permit; seconded by Alderman Sowinski.
Denied by roll call vote.
Spears nay Burd nay
Sowinski nay Anderson nay
Prochaska nay Sticka nay
Spang nay Kot nay
Ayes: 0 Nays: 8
CANNONBALL HILL -ALAN NORTON REQUEST FOR REZONING
A motion was made by Alderman Prochaska to recommend approval of the petitioner's
request to rezone approximately 21.6 acres within the City just east of the Blackberry North
Subdivision from Al to R2 Single Family Zoning as submitted and the property described
in PC98-08; seconded by Alderman Sowinski.
Approved by roll call vote.
Burd aye Sowinski aye
Anderson aye Prochaska aye
Sticka aye Spang nay
Kot aye Spears aye
Ayes: 7 Nays: 1
MINUTES FOR APPROVAL
A motion was made by Alderman Sowinski to approve the minutes of the Regular Meeting
of October 22, 1998 as presented; seconded by Alderman Anderson.
Approved by viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Sticka to approve the voucher bill list dated November
5, 1998 in the amount of $49,064.03 (vendor), $67,184.22 (payroll), for a total revised
disbursements of$116,248.25; seconded by Alderman Prochaska.
Minutes - Regular Meeting of The City Council November 5, 1998 - Page 5
Approved by roll call vote.
Anderson aye Prochaska aye
Sticka aye Spang nay
Kot aye Spears aye
Burd aye Sowinski aye
Ayes: 7 Nays: 1
ATTORNEY'S REPORT
No report.
MAYOR'S REPORT
RE-APPOINTMENT TO ZONING BOARD OF APPEALS
A motion was made by Alderman Sowinski to reappoint Don Altman to the Zoning Board
of Appeals; seconded by Alderman Prochaska.
Approved by roll call vote.
Prochaska aye Sticka aye
Spang abstain Kot aye
Spears aye Burd aye
Sowinski aye Anderson aye
Ayes: 7 Nays: 0 Abstain: 1
CITY OF YORKVILLE CENSUS 2000 PROCLAMATION
Mayor Johnson proclaimed full support of and participation in the overwhelming success
of Census 2000 through the formulation of a Complete Count Committee. He stated the
Yorkville Human Resource Commission accepted the designation of the Complete Count
Committee.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTRATOR 'S REPORT
City Administrator Jim Nanninga stated the paving is complete on the four projects. He
stated that they will be striping Van Emmon Street on Monday instead of Friday due to the
restaurants hours. He stated that 20 additional blocks were installed down at the river,
including the water main and storm sewer works. He stated all the wire has been pulled
at the Route 47 and Countryside signal and are waiting for the signal arms to come in, and
should be complete mid December.
Alderman Kot stated that the Kendall County Health & Human Services is sponsoring a
hazardous waste pick up Saturday, November 7, 1998 from 9:00 a.m. to 1:00 p.m. at the
Kendall County Highway Department. He stated they are taking oil, solvents, gasoline and
things of this nature.
SCHOOL COMMUNITY REPORT
No report
OLD BUSINESS
Alderman Spang revisited the 1997/1998 Audit that was accepted on October 22, 1998.
He read several new questions to the Council and passed out a sheet titled Audit
Questions. (Attached)
Minutes - Regular Meeting of The City Council November 5. 1998 - Page 6
NEW BUSINESS
ADMINISTRATION COMPUTERS
A motion was made by Alderman Sticka to accept the low quote of Wheeler, Inc. of
Oswego for new computers and accessories, computer upgrades, and Novell networking
upgrade along with installation and setup which is needed to operate the new LOCIS
software and to make the Administration Offices Y2K compliant for an amount of
$9,834.00; seconded by Alderman Sowinski.
Approved by roll call vote.
Sticka aye Spang aye
Kot aye Spears aye
Burd aye Sowinski aye
Anderson aye Prochaska aye
Ayes: 8 Nays: 0
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
CONCRETE FLOOR OF THE PUBLIC WORKS BUILDING
The consensus of the Council was to by pass voting on this issue because it is under
$5,000.00.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
(ORDINANCE 98-32) B-3 PARKING STANDARDS
A motion was made by Alderman Prochaska to approve the Ordinance amending Title 10,
Chapter 7, Article D, Section 4 of the Yorkville City Code which establishes new parking
setbacks in the B-3 Zoning District allowing a 20 foot setback from arterial roadways and
a 10 foot setback from all other roadways; seconded by Alderman Burd.
Approved by roll call vote.
Spang aye Kot aye
Spears aye Burd aye
Sowinski aye Anderson aye
Prochaska aye Sticka aye
Ayes: 8 Nays: 0
FARM BUREAU PARKING AGREEMENT
Alderman Prochaska stated that the Farm Bureau has asked if we could make some minor
changes and wanted the Council to take a look at it.
Mayor Johnson asked for a consensus of the Council. It was the consensus of the Council
to agree to the corrected version.
(ORDINANCE 98-33) STORM WATER DETENTION EXEMPTION
A motion was made by Alderman Prochaska to approve the Ordinance providing for the
amendment of the United City of Yorkville Standard Specifications for Improvements which
allows certain exceptions to the required storm water storage requirements for small
developments, namely less than 2.5 acres for Single Family and Duplex residential
developments and less than 1.25 acres for all other developments; seconded by Alderman
Sowinski.
•
•
Minutes - Regular Meeting of The City Council November 5, 1998 - Page 7
Approved by roll call vote.
Kot aye Spears aye
Burd abstain Sowinski aye
Anderson aye Prochaska aye
Sticka aye Spang aye
Ayes: 7 Nays: 0 Abstain: 1
JULY BUILDING REPORTS
A motion was made by Alderman Prochaska to approve the July Building Reports as
submitted; seconded by Alderman Spang.
Approved by viva voce vote.
(RESOLUTION 98-13) DEVELOPER DEPOSITS
A motion was made by Alderman Prochaska to approve the Resolution requiring
Developer Deposits to assure payment of outside consultant costs in the review of new
developments as set forth in Resolution 98-13; seconded by Alderman Sowinski.
Approved by roll call vote.
Burd aye Sowinski aye
Anderson aye Prochaska aye
Sticka aye Spang aye
Kot aye Spears aye
Ayes: 8 Nays: 0
PUBLIC SAFETY COMMITTEE REPORT
SEPTEMBER POLICE REPORTS
A motion was made by Alderman Kot to accept the September 1998 Police Reports;
seconded by Alderman Prochaska. Approved by viva voce vote.
ADMINISTRATION COMMITTEE
(ORDINANCE 98-34) CABLE TV ORDINANCE
A motion was made by Alderman Sticka to approve the Ordinance approving the transfer
of the Cable Television Franchise for the United City of Yorkville from IDS/Jones Joint
Venture Partners to TCI Illinois Holdings, L.P. and extending the Franchise to March 31,
2001; seconded by Alderman Prochaska.
Approved by roll call vote.
Anderson aye Prochaska aye
Sticka aye Spang aye
Kot aye Spears aye
Burd aye Sowinski aye
Ayes: 8 Nays: 0
ADDITIONAL BUSINESS
None.
ADJOURNMENT
A motion was made by Alderman Sowinski to adjourn the meeting at 8:16 p.m.; seconded
by Alderman Burd. Approved by viva voce vote.
By:
iv ic.L(t),"--i\ T`
Deborah K. Simmons, City Clerk
City of Yorkville, Illinois
CITY COUNCIL MEETING
/1-s-98
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OPPOSITION to a text amendment to the Kendall County Agricultural
Districts Special Use Zoning Ordinance that would allow residential units
at dog kennels and allow retail sales at dog kennels. (This is in particular
OPPOSITION to the dog kennel proposed for the 5-acre parcel directly
west of the New Life Assembly Church on Cannonball Trail. We do not feel
that this is appropriate in a residential area and is detrimental to the
property values of those residences in the area and all along Cannonball
Trail.)
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We,the owners, (signatures and addresses shown below) are in
OPPOSITION to a text amendment to the Kendall County Agricultural
Districts Special Use Zoning Ordinance that would allow residential units
at dog kennels and allow retail sales at dog kennels. (This is in particular
OPPOSITION to the dog kennel proposed for the 5-acre parcel directly
west of the New Life Assembly Church on Cannonball TraiL We do not feel
that this is appropriate in a residential area and is detrimental to the
property values of those residences in the area and all along Cannonball
TraiL)
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OPPOSITION to a text amendment to the Kendall County Agricultural
Districts Special Use Zoning Ordinance that would allow residential units
at dog kennels and allow retail sales at dog kennels. (This is in particular
OPPOSITION to the dog kennel proposed for the 5-acre parcel directly
west of the New Life Assembly Church on Cannonball Trail. We do not feel
that this is appropriate in a residential area and is detrimental to the
property values of those residences in the area and all along Cannonball
Trail)
Name Address Phone No.
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OPPOSITION to a text amendment to the Kendall County Agricultural
Districts Special Use Zoning Ordinance that would allow residential units
at dog kennels and allow retail sales at dog kennels. (This is in particular
OPPOSITION to the dog kennel proposed for the 5-acre parcel directly
west of the New Life Assembly Church on Cannonball Trail. We do not feel
that this is appropriate in a residential area and is detrimental to the
property values of those residences in the area and all along Cannonball
TraiL)
Name Address Phone No.
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OPPOSITION to a text amendment to the Kendall County Agricultural
Districts Special Use Zoning Ordinance that would allow residential units
at dog kennels and allow retail sales at dog kennels. (This is in particular
OPPOSITION to the dog kennel proposed for the 5-acre parcel directly
west of the New Life Assembly Church on Cannonball Trail. We do not feel
that this is appropriate in a residential area and is detrimental to the
property values of those residences in the area and all along Cannonball
Trail.)
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1997/1998 Audit Questions
- 11/5/98
I have continued to study the Audit that was accepted last week by this
council and have several new questions:
1) The Debt Service adjustment shown in Note 12 on page 24 has been
changed from $347,586 to $261,446. We accepted a draft audit last week
that was not final and has already been changed at least once. I am
requesting a copy of the final audit be distributed to all council members so we
may review what we have accepted.
2) I have tried to distill down those adjustments and imbalances for the benefit of
those of us that are not fluent in accounting. I have prepared a sheet showing
these questions which I present to you this evening. I have spoken with Mr.
Steve Topolski and he has assured me that these questions will be answered
in writing by the upcoming administration meeting.
3) I am requesting an accounting of Development Fees collected as a portion of
building permits. It appears that an error has occurred in the accounting of
fees credited to the Library. All other Development Fees were credited to their
respective accounts based on 43 permits yet the library received an amount
equal to 50 permits.
4) The General Fund shows receipt of$8,649 in Development Fee Interest. This
figure must be in error. Mathematically speaking, we would had to have had
over$100,000 is Development Fees collected and on deposit for over a year
at greater than 8% interest for this figure to be correct.
5) Treasurer Scheffrahn pointed out quite correctly in his letter to the editor that
the adjustments to beginning fund balances were made to balance the books.
The question remaining is how did this happen. That has yet to be answered.
Jeff Spang, Alderman Ward 1