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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 - CITY COUNCIL MEETING -al c � PLEASE SIGN IN! NAME: ADDRESS: , `.,vy /et_ - /JS�z{77 ) , / 7 5T �1,, =,E5 orroir I AA/M91) '/ N• yiv¢ sr. L' fr� L V/L T a6-,,i A / a.—?_X i Yc9Z r' //e Lsa ,A,r/ �,-,e/1- X, L,, /7 r k l f aA-J4)y 4?A--'1)e_15-±,e_2-c o/J )/c.,').eKv,,L4:. "---,,i,_.e_„ -7)Z , ---i{4—ke_e___ 2 3) -3 y.,,,k,..,6&-,_� cry % J �� < 7/VC) l C Cr`)-4 /�� . i t t4,A7... dr,,,..._....6. _____ / I ( a/ -/k,"7,, /---; 41-4, Q-,,,„,„9„. r ,/ ,/,,,„•. , )26 i4?-" :ft/( ':'- /C>v / S 77/a(-- _ I CflA(Li,_1"-11--, n ji-12 A-en., , 36 ; IA,), ;r, , !00.!‘)'4,. v(7),,,1 "Mki,"Mk ftl 4,6 . • /1- 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 / . - . ic ) CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT KENDALL COUNTY, ILLINOIS ' GEN.NO. , - 9y' - I 1 O JURY ®NON-JURY C l VS. 1 `�`LL S,./-2) V PLAINTIFF(S) DEFENDANT(S) COURT PLTF. JUDGE rV rI REPORTER ATTY. ) . EP—. CHEC IF PRESENT — DEPUTY A copy of this order DEFT. CLERK O should be sent to: ATTY. s O has been sent to: re J 6,— �C OR(DER ( L \ '\l,( `Pv4SQ W� 1)1P, D.. �l� bon iOR S) L j Rig v' �b t 1 RA,4' I )4;4 c, 1,/,,,r� L- ) r &Li C"), )k‘Cjaf-/ 5 L'JN q W1 l' '7f-- 1-131--- 14 071-kt II itihp./ k J36c:2- d;07 57/4.0+A-4- G ry./zrti s. �� i. * ZE 0 & -- ,' cam- U C k„ 5-1 / Qoe a.,\ o-,___. SI}.t n( w tivild Oti DeljAj's , d- CI. C. LY2.--4'-''' ft -� 41-a- . S-1-,,. .34M.- (6,.._,,jj . F0 77 IN O: 51i . CIRCI.. KENDALL COU1111', I_LLii,91S 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 .