City Council Minutes 1998 08-27-98 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. AUGUST 27. 1998.
Mayor Bob Johnson called the meeting to order at 7:11 p.m. and led the Council in the
Pledge of Allegiance.
ROLL CALL
Clerk Simmons called the roll.
Ward I Spang Present (left at 8:49 P.M.)
Sticka Present
Ward II Burd Present
Kot Present
Ward III Vacant
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
Executive Session was tabled.
MEETING DATES
Public Works Committee 6:30 P.M. Kendall County Building
Monday September 21, 1998 Conference Room - Suite 3
Economic Development Committee 7:00 P.M. Kendall County Building
Tuesday September 15, 1998 Conference Room - Suite 3
Public Safety Committee 6:30 P.M. Kendall County Building
Monday September 28, 1998 Conference Room - Suite 3
Monday August 31, 1998
Administration Committee 6:30 P.M. Kendall County Building
Tuesday September 8, 1998 Conference Room - Suite 3
CITIZENS COMMENTS
Dan Nicholson, 32 Gawne Lane, Yorkville, Illinois, stated that he is the owner of the
sawmill in downtown Yorkville and proceeded to read a written statement which he
requested that a copy be included with the minutes of to nights meeting. (Copy attached).
In Dan Nicholson's statement, he said that the mayor has been conducting a personal
vendetta against him and his business since his term as 4th Ward Alderman.
Mayor Johnson stated for the record that he has no personal vendetta against him or
anybody else in this town.
PUBLIC HEARING
A motion was made by Alderman Prochaska to go into Public Hearing for the purpose of
PC98-05 Scott M & Kathryn A. Miller Annexation Request, PC98-06 Amend Adult
Entertainment/Amend Zoning Ordinance, PC98-07 Fox Hill Subdivision Request to re-plat
Unit 5, PC98-08 David & Lisa Schillinger and Harold Feltz request to vacate alley in block
1 of Worsley Addition to Yorkville, PC98-09 Possible changes to Charter 1 of the United
City of Yorkville's City Codes under Plan Commission Section relating to make up of
Minutes of the Regular City Council Meeting August 27, 1998 - Page 2
quorum, meeting attendance and voting members; seconded by Alderman Sowinski.
Approved by roll call vote.
Sticka aye Spang aye
Kot aye Spears aye
Burd aye Sowinski aye
Prochaska aye
Ayes: 7 Nays: None
Attorney Kramer stated regarding PC98-05 Scott M. & Kathryn A. Miller Annexation
Request, the city had asked the owners to do a pre annexation agreement when they
hooked up to city utilities. He said they signed the petition and a respective Public Hearing
was held before the Plan Commission and the recommendation was unanimous.
Mayor Johnson asked if anyone wanted to make public comment regarding this annexation
request. There were no public comments.
Attorney Kramer stated regarding PC98-06 the proposed Adult Entertainment Ordinance,
the copy passed out dated August 11, 1998 with a C written on the front is the correct final
version. He said that the word use was inserted on page 5, line 14, and other than that,
the copy with the C on the front is the final version.
Mayor Johnson asked if anyone wanted to make public comment regarding the proposed
Adult Entertainment Ordinance. There were no public comments.
Attorney Kramer said with regard to PC98-07 Fox Hill Subdivision; a request to amend a
Planned Unit Development Agreement permitting a change of number of units, and
changes as far as the nature of the structures being built. He said the developer has a
concept plan which he will be doing a presentation on later in the meeting.
Mayor Johnson asked if anyone wanted to make public comment regarding PC98-07 , a
request to amend the Planned Unit Development Agreement for Fox Hill Subdivision.
There were no public comments.
Attorney Kramer stated regarding PC98-08; a request by David & Lisa Schillinger and
Harold Feltz, to vacate an alley in block 1 of Worsley Addition to Yorkville.
City Administrator Jim Nanninga said that it would be a land locked parcel with the vacated
alley. He said IDOT does not have any concerns with the access other than to maintain
some sort of access for maintenance. He said that he has talked to Harold Feltz and he
is agreeable with it.
Mayor Johnson asked if anyone wanted to make public comment regarding PC98-08.
There were no public comments.
Attorney Kramer stated regarding PC98-09; changing the number of members in making
up a quorum for Plan Commission meetings. He stated that this does not require a public
hearing but it was done anyway in case there was any public input.
Mayor Johnson asked if anyone wanted to make public comment regarding PC98-09.
There were no public comments.
A motion was made by Alderman Sowinski to go out of Public Hearing; seconded by
Alderman Burd.
Minutes of the Regular City Council Meeting August 27. 1998 - Page 3
Approved by roll call vote.
Spang aye Kot aye
Spears aye Burd aye
Sowinski aye Prochaska aye
Sticka aye
Ayes: 7 Nays: None
PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD
PC98-05 SCOTT M & KATHRYN A. MILLER ANNEXATION REQUEST
A motion was made by Alderman Prochaska to approve the annexation of Scott M &
Kathryn A. Miller for lot 9, Countryside Subdivision, Unit One as R-2 Single Family per the
annexation agreement; seconded by Alderman Burd.
Approved by roll call vote.
Kot aye Spears aye
Burd aye Sowinski aye
Prochaska aye Sticka aye
Spang aye
Ayes: 7 Nays: None
A motion was made by Alderman Prochaska to authorize the Mayor and City Clerk to
execute the annexation agreement as presented; seconded by Alderman Sowinski.
Approved by roll call vote.
Spears aye Burd aye
Sowinski aye Prochaska aye
Sticka aye Spang aye
Kot aye
Ayes: 7 Nays: None
PC98-07 FOX HILL - UNIT 5 REQUEST TO RE-PLAT
Alderman Prochaska asked Mr. Lannert, the Planner to come forward and give a
presentation regarding the request to re-plat.
Mr. Lannert stated that he was here to amend Unit 5. He said the specific action
requested is to approve a preliminary plan and to amend the Planned Unit Development
for this unit from 90 units to 92 units. He said when this parcel was originally developed
it was developed for town houses with single car garages and is asking to substitute that
plan with a new plan. Mr. Lannert displayed a visual plan and proceeded to explain the
changes. He said the plan has 16 duplex buildings with a total count of 32 units, all with
two car garages with driveways that lead up to the front of the unit and driveways that
come in from the side. He said the balance of the units will be court yard type homes. He
said there will be 60 in total with five courtyards with 12 units each. He stated that all the
units are accessed from a front landscaped green way with access from the rear through
a motor court. He showed a visual of additional parking at the end of each of the motor
courts as well as parking long one side of the street. He stated that they have set back
all the buildings 25 feet off of the roadway as requested by the Plan Commission versus
the 20 feet they originally requested. He said that they have added sidewalks on both
sides of all streets. Mr. Lannert showed pictures of the architectural styles of the buildings.
He said the duplex buildings could possibly be two story units or a one story ranch unit.
He showed two types of court yard homes that have been built in the Orchard Valley area
and the Fox Valley area. He said the side units will have 20 foot set backs and the other
units will have 25 foot set backs.
Minutes of the Regular City Council Meeting August 27. 1998 - Page 4
Alderman Spang raised a question to Mr. Richard Faltz, the builder. He stated at the last
Economic Development Committee meeting, there was a request for a list of the trees that
are going to be used in the landscaping. He also asked how many trees were going to be
located on the site.
Mr. Faltz stated that a detailed list of the trees has not been prepared yet. He said that he
has talked with the landscape architect and the trees shown on the plan are accurate. He
stated that there will be a detailed tree listing and plant listing supplied with the final
development plan along with the landscape drawings when they are prepared for final
acceptance. He said the landscaping architect told him that the plan and the budget are
in conformance with what they have represented. He said there are foundation plans,
ground cover, decorative trees, ornamental trees comprising the tree list. He said the
trees will be 2-1/2 to 3-1/2 inches in diameter and they will be 12 to 14 feet in height.
Mr. Faltz raised the question regarding the grades in the front of the court yard homes.
He showed a picture of the buildings with a stoop area with steps coming down and
railings, which has a lower front elevation. He showed another picture with a raised
elevation with no stoops or railings coming down to grade. He said final engineering has
not indicated whether or not there will be enough dirt to fill all the units up to the higher
grade elevation. He said that will be determined in the final plan definition. He said they
would like to bring all the units up to the higher grade elevation if possible.
Alderman Spang stated the last thing he wants to see is ten (6) unit buildings that far out
of the ground which is more appropriate for a city block setting rather than an open rural
area.
There was much discussion regarding the court yard homes being grade level opposed
to the raised elevation level. The City Council members were more favorable to the grade
level entrances and most of them were under the understanding that they would be grade
level.
Mr. Faltz stated that it is premature to guarantee that all the dirt on the site will work to
what is being proposed.
Alderman Prochaska asked Mr. Faltz if he would be able to guarantee that 50% of the
court yard homes would be ground level.
Mr. Faltz stated that he could guarantee 50% of them ground level but could not guarantee
any more than that without final engineering.
Alderman Spang asked that the photographs and drawings presented tonight be entered
into the records of this meeting and maintained for future reference.
A motion was made by Alderman Prochaska to amend the Planned Unit Development
Agreement of the Fox Hill Subdivision to permit the change in product design, building
location, and approve 92 units as the maximum permitted units to be constructed in Unit
5, Pod 11 of the Fox Hill Development and approve the Preliminary Plan subject to the
approval of the City Engineer and to direct the City Attorney to prepare a written
Amendment to the Planned Unit Development Agreement including buildings to be
substantially the same as presented, with a minimum of 50% having grade level entrances,
with the intention to make 100% grade level entrances, and with the landscaping to be
substantially the same as presented; seconded by Alderman Sticka.
Alderman Prochaska stated that before the final plat is done the Council needs to vacate
or rescind a previous ordinance because in April of 1996 an ordinance was passed for a
final plat of this unit.
Alderman Sticka withdrew his second.
Minutes of the Regular City Council Meeting August 27. 1998 - Page 5
A motion was made by Alderman Prochaska to amend the Planned Unit Development
Agreement of the Fox Hill Subdivision to permit the change in product design, building
location, and approve 92 units as the maximum permitted units to be constructed in Unit
5, Pod 11 of the Fox Hill Development and approve the Preliminary Plan subject to the
approval of the City Engineer and to direct the City Attorney to prepare a written
Amendment to the Planned Unit Development Agreement including buildings to be
substantially the same as presented, with a minimum of 50% having grade level entrances,
with the intention to make 100% grade level entrances, and with the landscaping to be
substantially the same as presented. The approval to be subject to the improvements to
Route 34, Sycamore and Diehl Road would be included as part of this project; seconded
by Alderman Sticka.
Approved by roll call vote.
Burd aye Sowinski aye
Prochaska aye Sticka aye
Spang aye Kot aye
Spears aye Johnson aye
Ayes: 8 Nays: None
MINUTES FOR APPROVAL
A motion was made by Alderman Sowinski to approve the minutes of the Regular City
Council Meeting of August 13, 1998 as presented; seconded by Alderman Spears.
Approved by viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Sticka to approve the bills dated August 27, 1998 in the
amount of $232,730.42 (vendor), $69,245.79 (payroll), for a total of $301,976.21;
seconded by Alderman Sowinski.
Approved by roll call vote.
Prochaska aye Sticka aye
Spang aye Kot aye
Spears aye Burd aye
Sowinski aye
Ayes: 7 Nays: None
ATTORNEY'S REPORT
No report.
MAYOR'S REPORT
Mayor Johnson nominated Michael Anderson to fill the unexpired term of Kathryn Jones
as Alderman for Ward 3.
A motion was made by Alderman Sowinski to approve the nomination of Michael Anderson
to fill the unexpired term for Alderman of Ward 3; seconded by Alderman Kot.
Approved by roll call vote.
Prochaska aye Sticka aye
Spang aye Kot aye
Spears aye Burd aye
Sowinski aye
Ayes: 7 Nays: None
Mayor Johnson swore in Michael Anderson.
Minutes of the Regular City Council Meeting August 27. 1998 - Page 6
Mayor Johnson stated that the Human Resource Commission had been resurrected. He
made the following nominations to create the Human Resource Commission; Lu Ann
Peters -3 year term as Co-Chairman, Doug Trumble - 3 year term as Co-Chairman, Carol
Allen - 2 year term, Diana Lento-Reidy - 2 years, Robert James - 1 year term and Rose
Kahle - 1 year.
A motion was made by Alderman Prochaska to approve the nomination of Lu Ann Peters
as Co-Chairman, Doug Trumble as Co-Chairman, Carol Allen, Diana Lento-Reid, Robert
James and Rose Kahle to create the Human Resource Commission; seconded by
Alderman Kot
Approved by roll call vote.
Sticka aye Spang aye
Kot aye Spears aye
Burd aye Sowinski aye
Anderson aye Prochaska aye
Ayes: 8 Nays: None
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTRATOR `S REPORT
City Administrator Jim Nanninga stated they are (2) hours away from finishing the block
wall down at the river going to the west. He said they have some last minute brick laying
to do, but it would be ready for the River Front Festival. He said the picnic shelters would
be finished also.
SCHOOL COMMUNITY REPORT
Alderman Sticka stated the School District has released their tentative budget for the
coming year. He said the expenditures are more than $19,000,000.00. He said the
budget is available for public inspection at the Administrative Office.
OLD BUSINESS
None.
NEW BUSINESS
Alderman Prochaska stated that he has been approached by some residents in Fox Hill.
He said the sidewalk was put across all the bike paths and the sidewalks are 6 inches
above the bike path. He said there was an accident out there. He asked when it was
going to be scheduled to lay more asphalt. He said with the construction out there, there
is a large amount of gravel in the streets, and with the bike path the way it is now everyone
is using the streets and it is very dangerous to ride a bike in the street with all the gravel.
He said the residents asked if it was possible to get the gravel cleaned up. He said he
talked with the developer and the developer told him that he thought it was something he
could take care of. He said he was not sure if the city's subdivision control ordinance
would cover this, He said he felt the city should look at this. He asked if this could be
scheduled.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
GREENBRIAR UNIT 3 - FINAL ACCEPTANCE
A motion was made by Alderman Sowinski to approve Unit 3 Greenbriar Subdivision upon
completion of the necessary water main connection to the Elizabeth Street water main and,
Minutes of the Regular City Council Meeting August 27. 1998 - Page 7
completion of related water main work and landscape restoration, as approved by the City
Engineer or securities posted for the same, and also upon receipt of a satisfactory
maintenance guarantee for the one year warranty period; seconded by Alderman
Prochaska.
Approved by roll call vote.
Spang nay Kot aye
Spears aye Burd aye
Sowinski aye Anderson present
Prochaska nay Sticka nay
Johnson aye
Ayes: 5 Nays: 3 Present: 1
RIVER CROSSING -WATER MAIN
A motion was made by Alderman Sowinski to approve the terms of the permit from the
Illinois Department of Natural Resources which allows the City to construct a 16" water
main across the Fox River near Mill Street, and to authorize the Mayor and City Clerk to
sign said agreement; seconded by Alderman Prochaska.
Approved by roll call vote.
Kot aye Spears aye
Burd aye Sowinski aye
Anderson aye Prochaska aye
Sticka aye Spang aye
Ayes: 8 Nays: None
AUTHORIZATION TO BID WALTER, OLSON. VAN EMMON & MORGAN STREET
REPAIRS
A motion was made by Alderman Sowinski to advertise for bids for road improvement work
on Olson Street, Walter Street, Van Emmon Street and Morgan Street as presented by the
City Engineer; seconded by Alderman Spang.
Approved by roll call vote.
Spears aye Burd aye
Sowinski aye Anderson aye
Prochaska aye Sticka aye
Spang aye Kot aye
Ayes: 8 Nays: None
UPGRADE PARKS DEPARTMENT TRUCK
A motion was made by Alderman Sowinski to approve the upgrade of the approved Parks
Department Truck to a 4-wheel drive and fitted with a snow plow for the Public Works
Department for an amount not to exceed $6,400.00; seconded by Alderman Burd.
Approved by roll call vote:
Burd aye Sowinski aye
Anderson aye Prochaska aye
Sticka aye Spang aye
Kot aye Spears aye
Ayes: 8 Nays: None
Minutes of the Regular City Council Meeting August 27, 1998 - Page 8
ECONOMIC DEVELOPMENT COMMITTEE REPORT
(ORDINANCE) 98-29 PLAN COMMISSION QUORUM
A motion was made by Alderman Prochaska to approve and to authorize the Mayor and
City Clerk to execute the Ordinance PC98-09 amending Title 2, Chapter 1, sections 2 &
4(A) of the City Code relating to the quorum, voting members and meeting attendance, as
corrected; seconded by Alderman Sowinski.
Alderman Spears stated on page 2, third line down it was typed out as six and the number
was typed (7).
Approved by roll call vote.
Sowinski aye Anderson present
Prochaska aye Sticka aye
Spang aye Kot aye
Spears aye Burd aye
Ayes: 7 Nays: None Present: 1
(ORDINANCE) 98-30 DAVID & LISA SCHILLINGER & HAROLD FELTZ
REQUEST TO VACATE ALLEY ON WORSLEY
A motion was made by Alderman Prochaska to approve vacating the entire southerly most
alley running west from Worsley Street conditional upon submittal of a revised plat
showing the necessary access and utility easements as approved by the City Engineer,
subject to securing said easements; seconded by Alderman Sticka.
Approved by roll call vote.
Anderson aye Prochaska aye
Sticka aye Spang aye
Kot aye Spears aye
Burd aye Sowinski aye
Ayes: 8 Nays: None
YORKVILLE-BRISTOL SANITARY DISTRICT INTERGOVERNMENTAL AGREEMENT
A motion was made by Alderman Prochaska to approve and to authorize the Mayor and
City Clerk to execute the Intergovernmental Agreement with the Yorkville-Bristol Sanitary
District relating to fees and improvements as a result of the Fox Highlands development;
seconded by Alderman Sowinski.
Approved by roll call vote.
Prochaska aye Sticka aye
Spang nay Kot aye
Spears aye Burd aye
Sowinski aye Anderson present
Ayes: 6 Nays: 1 Present: 1
PUBLIC SAFETY COMMITTEE REPORT
(ORDINANCE) 98-26 ORDINANCE REGULATING ADULT BUSINESSES
Alderman Kot stated on page 4, under 3-21-5/License Required, third sentence should be
"engaged in"; on the last page, the first sentence "request of Public Hearing"; section 3-21-
9, the last sentence should be"not licensed"; section 3-21-13, the last sentence the word
there of should be one word "thereof"; section 3-21-14, second sentence should read
"refuses to comply with or resist."
Minutes of the Regular City Council Meeting August 27. 1998 - Page 9
A motion was made by Alderman Kot to adopt Ordinance 98-26 which regulates Adult
Businesses, as corrected; 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: None
ADMINISTRATION COMMITTEE
CHECK SIGNERS
A motion was made by Alderman Sticka to approve Alderman Valerie Burd and Alderman
Jeff Spang as authorized signers for the City of Yorkville checks; seconded by Alderman
Prochaska.
Approved by roll call vote.
Spang aye Kot aye
Spears aye Burd aye
Sowinski aye Anderson aye
Prochaska aye Sticka aye
Ayes: 8 Nays: None
Alderman Spang left the meeting at 8:49 P.M.
EMPLOYEE SALARIES
A motion was made by Alderman Sticka to approve placing our Engineering Technician,
Eric Dhuse, into the position of Senior Engineering Technician at a salary of$33,900.00,
retroactive to July 9, 1998; seconded by Alderman Sowinski.
Approved by roll call vote.
Kot aye Spears aye
Burd aye Sowinski aye
Anderson aye Prochaska aye
Sticka aye
Ayes: 7 Nays: None
A motion was made by Alderman Sticka to approve a salary increase of$1.00 per hour for
secretary, Holly Baker at her 6-month anniversary, 9-6-98, conditional upon a favorable
evaluation by the City Administrator; seconded by Alderman Spears.
Approved by roll call vote.
Spears aye Burd aye
Sowinski aye Anderson aye
Prochaska aye Sticka aye
Kot aye
Ayes: 7 Nays: None
CONTRACT FOR LEGAL LITIGATION WITH LAW FIRM OF PILMER & BARNHARDT
A motion was made by Alderman Sticka to approve the use of the law firm of Pilmer and
Barnhardt for litigation work that may come up from time to time; seconded by Alderman
Sowinski.
•
Minutes of the Regular City Council Meeting August 27. 1998 - page 10
Approved by roll call vote.
Burd present Sowinski aye
Anderson aye Prochaska aye
Sticka aye Kot aye
Spears aye
Ayes: 6 Nays: None Present: 1
ADDITIONAL BUSINESS
Alderman Prochaska stated that the Aurora Tourism Council gave a $250.00 award to the
River Front Festival, to be donated to the winner of the Mayors Cup race favorite charity
Alderman Burd stated the last concert under the stars would be Saturday August 29, 1998.
ADJOURNMENT
A motion was made by Alderman Sowinski to adjourn the meeting at 8:53 p.m.; seconded
by Alderman Prochaska.
Approved by viva voce vote.
By:
i viu�t.
Deborah K. Simmons, City Clerk
City of Yorkville, Illinois
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Council Members
My name is Dan Nicholson and I am the owner of the sawmill
in downtown Yorkville .
Most of you are newer council members and have not had the
opportunity Lo meet me .
I would enconrge you to meet with me after the meeting this
evening and find that I am not the ogre that others in this
room would portray me to be
I have come before you this evening because I believe that
the mayor has "deceived and mislead" you with regard to the
reason for which you will be voting to retain additional
counsel .
On April 9th of this year , during the last court action
brought forward by the city, I filed a motion before Judge
Hogan asking for removal. of Mr . Kramer as counsel for the
city of Yorkville as would pertain to nee and my business .
Within that motion under Article VIII I cited four Illinois
Supreme Court Rules of Professional Conduct that I felt that
Mr . Kramer had violated .
When the motion was brought before the court Mr . Kramer then
stepped dowry.
The mayor has heen conducting a personal vendetta against me
and my business since his term as 4th Ward Alderman , for
reasons unknown to me .
I am certain that without many of your knowledge , that he
has secretly planned further litigation against me and thus
needs new counsel in order to continue his vendetta .
I am convinced that this is the primary reason why Mr .
Johnson is requesting to retain additional consel . If you
believe that this kind of personal vendetta. and open
harassment are neither right nor in the public ' s best
interest. , then i ask you to not only vote against retaining
this new counsel , but that the council also move to enter
into direct NEGOTIATIONS with me . The goal of these
•
•
negotiations should be to resolve our differences and to
foster more amicable relations between us .
I have been in business and a major land owner in downtown
for nearly 12 years .
At some point in time this or future councils will need my
cooperation for the betterment of this town.
IL would be better that you have me as a willing ally than
as a vengeful enemy.
In closing I will leave you with this thought : the single
most important thing that this or any other council can
leave to future administrations is THE GOOD WILL OF THE
PEOPLE OVER WHOM IT HAS GOVERNED. This is something 1 have
seen change in the last six-plus years and is sadly lacking
in this Lown today .
Sincerely
Dan Nicholson /
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Mr . Daniel. Kramer was my attorney of record as of
approximately January 1989 to oversee and advise my
acquisition of my current business properly ( southerly two-
thirds of block 12 , Black ' s Addition to Yorkville) . This is
the same property which is the focus of the current lawsuit
instituted by the City of Yorkville . At the time of
purchase , my business had operated for approximately three
years on tlii.s piece of properly in the same manner in which
it does today . Mr. Kramer was aware that_ the only reason
for which I was purchasing this properly was the furtherance
of my sawmi.11 and logging business . The zoning and
applicable ordinances which were in effect. at that time have
remained essentially unchanged . I am certain that Mr .
Kramer was aware of these laws , based upon the fact that he
was the attorney for the City of Yorkvi I lc at the Lime .
I am currently embroiled in 1 i t igal ion with the City of
Yorkvi I le , which Mr . Kramer- Is r'epr'esenting , in regard to
the ordinances that would apply and to the parameters within
which I have been operating my business since i. is inception .
'T'her'e was a clear conflict of interest with regard to
this current. litigation from Lhe Lime iL was brought forth
by Mr . Kramer on behalf of the City of Yorkvi I Ie . AL no
time when Mr . Kramer was my counsel did he advise me of any
ordinance violations and yet , he brought_ suit against me on
behalf of the City of Yorkvi I Ie over violations that existed
at the time of the property ' s purchase . In bringing suit,
against me , Mr . Kramer violated I I l inois Supreme Court.
Rules , Art icte VIII . Illinois Rules of Professional
Conduct , Ru I c No . 1 . 09 , Paragraph A, subsection 1 ; and Rule
1 . II , Paragraph C, subsection I .
Within i n the recent past , it has conic to my attention
that there are significant , major defic.icnces and errors in
the paperwork of this properly acquisition , and other
related issues . Mt' . Kramer may very we I I need to be called
upon to testify regarding these issues , and during possible
litigation thereof . Illinois Supreme Court Rules Article
VIII Illinois Rules of Professional Conduct Rule No . 3 . 7 ,
Paragraph I I speaks specifically t o t h i s , and once again Mr .
Kramer would he in v i o l a t i o n of said Rules .
Mr . Kramer in a1proxintately November I ¶19G promised to
correct the problems o f my deed and its legal desc ri p t ions ,
thereby rep rese'n I i ng inc wh i l e at the Same I i me rep resen 1 i ng
l ite C i t y co' Ve rk v i l l r' w i l l! regard I n I II i '. same property i n a
till t t rI 11'r•f' 1 f•'i :'If l i n': I Illy' . ' ,rider I I I I Irrr
I '' ',llltl'f•Iilr` l'l►III' t
PhIr'; ArI if If 1 1I I II ! iflni '. Plllr ': fr! I'rrlir c ; if!ntI I 'nnflllc' I
Idl1 Ie ^i► . 1 t ;II':1 I a1'll I; r I, I'Irr111 ( I I (Incl.' ;1( I I (I
\ I !! Ial Ifrlt .
I I I IIr. 1 ,• :I I -.,,r r r rrllir!•, I1I I r l ,,l, l is l Ifrr In ! Are
ce►II f t t (' t r' I t o 11'rr" ' ;t 1n;uv Ir!` r i '; ,.Ir 1'I' :r'It. I I ug I he
City of \ i I IC ',: i III I' ' 1I II Iu the I 111111 Ii('Ii p rub Iccm 0
defining the honnda r i es n 1• my Itns i tress property ( Such I ha t I
may comply wiIh the I ' tat' request ftf this court ) and other
future like matters .
Therefore I respectfully request that Mr . Kramer and/or
his law firm be removed as counsel for the City of Yorkville
in this current litigation, and be further barred from any
future litigation brought forth by the City of Yorkville
that would name myself , my business , and,/or my business
property as afore-described .