City Council Minutes 2004 07-27-04 MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE UNITED CITY OF YORKVILLE .,,
KENDALL COUNTY, ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON
TUESDAY, JULY 27, 2004.
Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of
Allegiance.
r ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward II Burd Absent
Kot Present
Ward III Ohare Present
Munns Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, A dministra tor Graff City Attorney
Dan Kramer, Police Chief Martin, Director of Public Works Dhuse, Finance Director Pleckham
and Executive Director of Parks & Recreation Brown.
OUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance
sheet provided.
AMENDMENTS TO THE AGENDA
Mayor Prochaska removed #3 under the Mayor's Report, Purchase of Land for Bruell Street
Pump Station, from the agenda.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, August 23, 2004
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Wednesday, August 19, 2004
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M., Thursday, August 12, 2004
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M., Thursday, August 26, 2004
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 6:30 P.M., Thursday, July 29, 2004
City of Yorkville Conference Room
800 Game Farm Road
I
C PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Conflict of Interest
Mike McCurdy, 320 E. Washington Street, addressed the City Council and asked them to
consider retaining a different City Attorney. He stated that he felt that there are many
appearances of conflict of interest with City Attorney Dan Kramer and his practice. Mr.
McCurdy sited the following examples:
o He read in the Kendall County Record that Attorney Kramer represented Moser Lumber
who is also affiliated with the developer of Grande Reserve in Yorkville, MPI.
The Minutes of the Regular Meeting 9f the City Coiincil — July 27, 2004 - nagg 2
• He had a personal matter with his property and complained to the Mayor about Attorney
Kramer's conflict in the matter. An alternate attorney was called in to address the issue.
He did not agree 100% with the alternate attorney's legal opinion but was pleased that
Mayor Prochaska was fair in the matter.
• Recently he was purchasing an acre of property in Kendall County adjacent to the City
and Attorney Kramer was representing the seller. The County would not issue a
building permit due to an inaccurate plat act affidavit which Attorney Kramer had
signed. Mr. McCurdy met with Administrator Graff to discuss annexation in order to get
a building permit and Attorney Kramer was present at the meeting. He stated it was
unclear who Attorney Kramer was representing, the seller or the United City of
Yorkville.
• Mr. McCurdy distributed information on Narvick Bros. Lumber Co.'s cement plant in
the Fox Industrial Park. (See attached). He noted that the layout of their lot is similar to
his lot. He questioned how the Narvick property was subdivided and stated that he
spoke with City Engineer Zoe Wywrot who stated that he was told by Attorney Kramer
that the subdivision of the Narvick property did not go through the City but through the
County. Mr. McCurdy felt it did not go through the normal channels. He went over the
information he distributed to the City Council noting that Attorney Kramer represented
the seller of the property and was the only attorney to sign any of the paperwork he
presented.
He again asked the City Council to consider getting a new City Attorney.
Attorney Kramer responded to Mr. McCurdy's request. He stated that everything his firm does is
subject to public scrutiny and open to public record and that if the City Council does not choose
to have him as City Attorney that is their choice. He stated that Mr. McCurdy was confusing
many laws and many points including those of his own business dealing with the City. Attorney
Kramer stated that everything has been done above board, he has nothing to hide and that he
welcomed having an alternate attorney deal with Mr. McCurdy.
Alderman Sticka noted that Mr. McCurdy lodged a complaint against Attorney Kramer with the
State of Illinois Attorney Disciplinary Commission and asked Mr. McCurdy what the outcome of
the complaint was. Mr. McCurdy explained that the commission stated that they were not going
to pursue it.
Noise Ordinance
Birgett Peterson, 3025 Bristol Ridge Road., addressed the Council. She stated that at the June 22,
2004 City Council meeting she asked the Council to consider amending the Noise Ordinance to
address construction noise. She stated that she has filed Freedom of Information requests with
several other communities in the area to see if they have any ordinance that address this. Oswego
responded to her request and indicated that they are in the process of drafting an ordinance
addressing construction noise and it should be approved between September and October. She
again asked the Council to consider a similar ordinance. Mayor Prochaska asked Administrator
Graff to obtain a copy of Oswego's proposed ordinance and send it to the appropriate committee
for consideration.
Mrs. Peterson also noted that the city has an ordinance which calls for street sweeping and water
trucks in construction areas. She stated she has not seen this occur on Bristol Ridge Road and
noted that Sunset Avenue needs to be swept up to Bristol Ridge Road.
Bristol Ridge Road Medians
Don Peterson, 3025 Bristol Ridge Road, addressed the Council regarding the medians on Bristol
Ridge Road. He thanked Administrator Graff for preparing the presentation given at the last
Committee of the Whole (COW) meeting regarding medians. He noted that both the study from
Oswego Township and an article in the Beacon News on medians state that medians cause
difficulties with snow plowing. He also questioned why McHugh Road was not extended with
medians. He stated that the medians on Bristol Ridge Road are inconsistent with other streets in
Yorkville.
Mayor Prochaska explained that McHugh Road was designed for commercial traffic and has
barrier curbs which make it difficult for cars to pull off the road. This design does not allow for a
median or center island. Bristol Ridge Road will not have curbs but rather a wide shoulder.
Mr. Peterson stated that the residents were told that the road was not coming closer to their homes
on the west side of the road. He stated that at the COW meeting it was discussed that there will
be a four foot gravel shoulder in front of his house. Mayor Prochaska confirmed this. Mr.
Peterson stated that this will cause his mail box to be moved which is contrary to what he was
originally told. He stated that the four foot shoulder was not reasonable.
The Minutes of the Regular Meeting of the Citv Council — July 27, 2004 - nage 3
Lois Seaton, 3123 Bristol Ridge Road, addressed the Council regarding a letter from City
Engineer Joe Wywrot to Mayor Prochaska which discussed the Bristol Ridge Road landscape
easement. The first paragraph of the letter states that the right -of -way (ROW) width of Bristol
Ridge Road varies between 85' and 100' and it is adequate to allow for future widening of the
road to five lanes should the need occur. Mrs. Seaton asked for written verification stating that
any more widening will not take land from her side of the road but rather from the Grande
Reserve side. Mayor Prochaska stated that it is not know if this road will ever be widened to five
lanes. He also noted that the ROW is owned by the taxpayers of Yorkville and any widening will
stay in the existing ROW.
Mrs. Seaton also stated that an individual driving a bobcat for the construction crew almost ran
into her car. Chief Martin stated that if this happens again in the firture, Mrs. Seaton should call
the Police Department.
PRESENTATIONS
None.
CONSENT AGENDA
1. Treasurer's Report for February and March 2004
2. Agreement with YBSD for Rob Roy Creek Interceptor - authorize the Mayor and City
Clerk to execute
3. Engineering Agreement for North Branch of Rob Roy Creek Interceptor - authorize
the Mayor and City Clerk to execute and to pay the engineer a lump sum of
$159,750. 00 based on the engineer's estimate of the proportion of the total services
actually completed at the time of billing
4. Engineering Agreement for East Branch of Rob Roy Creek Interceptor - authorize the
Mayor and City Clerk to execute and to pay the engineer a lump sum of $174, 000.00
based on the engineer's estimate of the proportion of the total services actually
completed at the time of billing
_ 5. Fund Balance Reserve Contingency Fund Policy
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderwoman Ohare; seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Kot -aye, Mums -aye, Spears -aye, Sticka -aye, Ohare -aye, Besco -aye
PLANNING COMMISSIONIZONING BOARD OF APPEAL
Mayor Prochaska stated that he left the information on the last Plan Commission meeting on his
desk and will update the Council at the next meeting.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meeting from
July 13, 2004 and the minutes of the Committee of the Whole meetings from January 20, 2004,
May 5, 2004 and June 15, 2004; seconded by Alderman Kot.
The following corrections were noted on the July 13, 2004 City Council minutes:
o Alderwoman Spears stated that on page 1, under Amendments to the Agenda, she
believed that the Shred -co Contract should have been tabled until the next COW meeting
not the City Council meeting. Mayor Prochaska corrected her by stating that items
tabled are taken to the next City Council meeting for consideration.
o Alderwoman Spears noted on page 6 of the minutes under Additional Business that the
meeting would be between the two mayors and technically Montgomery has a Village
President. Mayor Prochaska noted that he called her a mayor.
o Alderwoman Ohare noted an error on page 4 under the Public Works Committee Report
- Hydraulic Avenue Interceptor; the sentence should read "Mayor Prochaska noted that
all the bids received were higher...."
The following corrections were noted on the January 20, 2004 COW minutes:
• Alderman Besco noted an error on page 2; second paragraph, fourth line down. The
word curves should be curbs.
• Alderwoman Ohare noted that on page 3 Waubonsee is spelled incorrectly.
• Alderwoman Spears noted an error on page 5, second paragraph, first sentence; the word
to after Adhoc Committee should be deleted.
• Alderwoman Spears stated that she did not understand the first sentence of the paragraph
"Progress Holding PUD Agreement — EDC 1/15/04" on the same page. Mayor
The Minutes of the Regular Meeting of the Citv Council — July 27, 2004 - va eg_4
Prochaska explained what Attorney Joyner said and stated that he felt the minutes
correctly reflected how it was stated.
• Clerk Milschewski noted that the second w_ ord in the fourth sentence of that paragraph
should be was.
• Alderwoman Ohare noted that the last word on page five should be are.
The following corrections were noted on the May 4, 2004 COW minutes:
o Alderwoman Spears noted corrections on page 6. The first paragraph, last sentence
should read "Applications for the program...." The first paragraph, third sentence under
Public Works Committee Report, the word "address" should be "addresses " and the first
word in the fifth line should be "intended".
o Alderwoman Spears noted a correction on page 8, third paragraph, sixth sentence under
Public Safety Committee Report; it should read the Public Safety Committee.
o Alderwoman Spears questioned the wording of the third paragraph on page 8. Both
Clerk Milschewski and Director Dhuse verified that the wording in the minutes was
correct.
The corrections were so noted. Mayor Prochaska asked for approval of the minutes as amended.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated July 18, 2004 totaling the following amounts: checks in the amount of
$669,922.22 (vendor); $142,947.16 (payroll period ending 7/10/04) for a total of $812,869.38;
seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye
REPORTS
MAYOR'S REPORT
Intergovernmental Agreement with School District 115
Mayor Prochaska noted that Alderwoman Ohare attended the School Board meeting.
Alderwoman Ohare reported that the School Board approved the Agreement. Mayor Prochaska
noted the changes recommended by the School Board:
• Page four — 7b. — "This Agreement may be reviewed by the parties annually at which
time any Agreement (insert "may" and remove "shall') be extended for an additional
(insert "one (1)" and remove "three (3) ").
• Page four — 7b — third sentence - "... and to evaluate the shared, (change "margin" to
"use ").
Mayor Prochaska entertained a motion to approve the Intergovernmental Cooperative Agreement
of the Yorkville Community Unit School District #115 and the United City of Yorkville with the
recommended corrections presented by the School District and to authorize the Mayor and City
Clerk to sign the Agreement. So moved by Alderwoman Ohare; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, James -aye
Purchase of Land for Countryside Center Pump Station
Mayor Prochaska entertained a motion to authorize the City Attorney to prepare the documents to
acquire land for the purpose of siting and constructing the Countryside Center Pump Station in
the amount of $10.00 a square foot. So moved by Alderman Besco; seconded by Alderwoman
Ohare.
Mayor Prochaska noted that the lift station will connect to the interceptor between Route 34 and
Kennedy Road to provide service up to Bristol Ridge Road. He stated the once the contract is
drafted, it will return to the Council for their review.
Motion approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, James -aye, Kot -aye
Authorization for Design & Construction of Heartland Circle Pump Station
Mayor Prochaska entertained a motion to authorize the siting, design and construction of the
Heartland Circle Pump Station pending legal and engineering review working with the developer
Richard Marker and Associates. So moved by Alderman Kot; seconded by Alderman Munns.
The Minutes of the Regular Meeting of the Citv Council — July 27, 2004 — nage 5
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, James -aye, Kot -aye, Munns -aye
National Night Out
Mayor Prochaska reported that National Night Out will be Tuesday, August 3, 2004. He asked
Chief Martin to verify the time of the event.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
Director Pleckham reported that she placed information regarding the City's Standard & Poor's
(S &P) rating in everyone's mailbox. She stated that the City has been assigned a rating of
"A + /A -"
DIRECTOR OF PUBLIC WORKS REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
Director Brown reported that on Thursday, July 29, 2004 there will be a meeting for the River's
Edge Park and that the Country Hills Park is 65% finished.
CHIEF OF POLICE REPORT
Chief Martin confirmed that the National Night Out would be held August 3, 2004 at the Beecher
Center from 5:30 to 7:30 P.M. There will be hot dogs and pop for $.25 and the Bristol - Kendall
Fire District, the Police Department and the Citizens Police Academy Alumni (CPAA) will be
participating in the event. McGruff the Dog will also be appearing.
COMMUNITY & LIAISON REPORT
Rotary Club
Alderwoman Spears reported on the newly established Rotary Club who is sponsoring a "Support
Our Troops" project which encourages children to write "thank you" notes to the military troops.
The club will be asking for permission to post banners for the project in the downtown area. She
stated that the club is growing rapidly and is currently looking for a new location for their
meetings. She suggested that the City develop a policy for groups to use City Hall for meetings.
Mayor Prochaska agreed that this should be looked into. Director Brown noted that the
Riverfront Building is available if the club needs to use it. Alderwoman Spears also stated that
the club is looking for donations and is proposing a pig roast fundraiser.
American Legion
Alderwoman Spears reported that the American Legion Auxiliary will be holding an USO
Homecoming Celebration in November; a dance will be held on November 12, 2004 and there
will be a flab ceremony on November 14, 2004 at 8:30 A.M. The Historic Court House will hold
an art exhibit in conjunction with the event and the W ashingt on Library is requesting video tapes
of veterans for the event.
Mayor Prochaska noted that he has also been working with the group on the November event. He
stated that this is a great way to thank the nation's service people.
School Board
Alderwoman Ohare reported that she attended the School Board meeting where Land Cash funds
were discussed. The Board would like to receive more funds but was reminded by Dr. Engler
that the fund is to be used for "bricks and mortar ".
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
The Minutes of the Regular Meeting of the Citv Council — July 27. 2004 — na4.,e 6
ECONOMIC DEVELOPMENT COMMITTEE REPORT,
Ordinance 2004- 43 Marathon Petroleum - Granting Setback Variances
504 So. Bridge Street
Bell Street/Corner Side Yard Variance (Building)
A motion was made by Alderman Sticka to approve a variance request #10- 7C-4.B 1 from
Marathon Ashland Petroleum. L.L.C. for a reduction of the required corner side yard from 30 feet
!� to 5 feet from Bell Street for the building; seconded by Alderman Besco.
Attorney Kramer explained that a written legal objection to the variance was filed with the
Yorkville City Clerk. When an objection is filed, the main petitioner of the variances is required
by law to also be served by certified mail or in person with the legal objection. He reported that
just prior to the meeting, the petitioner's attorney, Greg Ingemunson, gave him an affidavit (see
attached) stating that Andy Kummerer, the project engineer for Marathon Ashland Petroleum.
L.L.C. never received a copy of the written protest. Mr. Kummerer signed the application
variance request on behalf of Marathon. Because Mr. Kummerer was never served with a copy,
a super majority vote was no longer needed to approve the variances.
Alderman Sticka asked Attorney Kramer how an individual would know the technicalities of the
written protest. Attorney Kramer stated that the person filing the objection should have been
advised this by a lawyer.
Attorney Ingemunson commented that the reason that the affidavit was presented just prior to the
meeting is because, by law, Mr. Kummerer could have been served with the written protest any
time up until the beginning of this meeting. This was not done so the affidavit was given to
Attorney Krasner. He stated that the objectors did not follow the state statute correctly.
Administrator Graff asked if it was the obligation of the City to notify Mr. Kummerer of the
objection and Attorney Kramer stated that it was not the responsibility of the City but that of the
person filing the objection.
Alderman Kot clarified that a simple majority of Council votes was needed to approve the
variances and Attorney Kramer stated that this was correct. Alderman Kot expressed his
disappointment that this was being brought to the Council's attention moments before the vote.
Attorney Kramer reiterated that the legal objection can be given to the petitioner or their attorney
any time before the meeting begins. He explained that it does not have to be served by a sheriff
or process server but can be just handed to the main petitioner of the variance and their attomey,
if there is one.
Alderwoman Ohare asked if four motions were needed to approve the variances and Attorney
Kramer explained that four motions were needed because there are four individual variances.
Alderwoman Spears stated that she opposed the variances. She commented that granting the
variances will create more than a simple change; it will create a nuisance to the community. She
stated that she has been contacted by residents who have expressed their concem about the
operating hours. She stated that the property should be upgraded however the hours of operations
limited. She added that if the variances are not granted and Marathon would choose to move, she
felt that the property is in a highly desirable location and she did not feel a "fly by night" business
would purchase the property.
Alderman Munns stated that voting on the variances has been a difficult decision for him so he
has driven by the gas station several times and even sat across the street from the station to watch
the operation. He stated that he has weighed both sides of the issue and suggested that the
Council vote their consciences.
Mayor Prochaska reminded that Council that the issue on the table was not the hours of operation
but variances for a new building.
Alderman Sticka commented that he has given much thought to this issue and is following the
logic that the City pays the Yorkville Economic Development Corporation $40,000.00 /year to
attract and keep businesses in Yorkville. He stated that the gas station has been at this location
since 1967; it has been collecting sales tax for the City as well as paying real estate taxes. He
commented that telling a long standing business who wishes to improve to "pick up their toys and
go home" is not good. He stated that the Council is not here to decide the hours of operation but
rather if Speedway can improve their property. He noted that the property at Routes 126 and 47
has been abandoned for eleven years and he did not want to see this repeated at this location. He
stated that he supported the variances.
The Minutes of the Regular Meeting of the Citv Council — July 27, 2004 — va t 77
Alderman Kot stated that the City has tried to work with Speedway however the variances they
are asking for are not standard requests, the City's Zoning Board of Appeals (ZBA)
recommended that the Council not approve the variances; a vote for this goes against the Board
and he did not feel all the landscaping issues have been resolved-
Alderman Sticks clarified that all the members of the ZBA considering the variances voted in
favor of them however there were not enough members present for the vote to pass.
A motion was made by Alderman Kot to table a variance request #10- 7C -4.B1 as presented;
seconded by Alderwoman Spears.
Motion defeated by a roll call vote. Ayes -2 Nays -5
James -nay, Kot -aye, Munns -nay, Ohare -nay, Spears -aye, Sticka -nay, Besco -nay
Alderman Besco stated that he supported the variances because Speedway has been a good
business for the City and at their location a long time; longer than some houses in the area. He
stated that he did not believe it was right to chase a business out of the City.
Alderwoman Ohare stated that she had difficulty accepting the amount of the variance; reducing
the setback from 30 feet to 5 feet. Alderman James explained that the current ordinance
establishes the setback as 30 feet however the building's existing setbacks do not meet this
ordinance. He asked what the current distance to Bell Street is and Mr. Kummerer stated that it is
approximately 10.5 feet. Alderman James asked if the green space was going to stay the same
and Mr. Kummerer stated that it was with the foot print of the blacktop changing.
There was no further discussion.
Motion approved by a roll call vote. Ayes -4 Nays -2 Present -1
Sticka -aye, Besco -aye, James -aye, Kot -nay, Mums -aye, Ohare- present, Spears -nay
Bell Street/Corner Side Yard Variance (Building)
- A motion was made by Alderman Sticka to approve a variance request # 10- 7C -4.B 1 from
Marathon Ashland Petroleum. L.L.C. for a reduction of the required corner side yard from 30 feet
to 16 feet from Bridge Street (Route 47) for the building; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -5 Nays -2
Kot -nay, Munns -aye, Ohare -aye, Spears -nay, Sticka -aye, Besco -aye, James -aye
Bell & Bridge Street/Corner Side Yard Variance (Canopy)
A motion was made by Alderman Sticks to approve a variance request 410-7C-4.B 1 from
Marathon Ashland Petroleum. L.L.C. for a reduction of the required corner side yard from 30 feet
to 21 feet from Bell Street and Bridge Street (Route 47) for the canopy (a structure); seconded by
Alderman James.
Motion approved by a roll call vote. Ayes -5 Nays -2
Munns -aye, Ohare -aye, Spears -nay, Sticka -aye, Besco -aye, James -aye, Kot -nay
Reduction Between Principal Building and Accessory Structure Variance
A motion was made by Alderman Sticks to approve a variance request # 10- 7C-4.B 1 from
Marathon Ashland Petroleum. L.L.C. for a reduction of the separation between the principal
building and an accessory structure from 10 feet to 6 feet; seconded by Alderman James.
Alderwoman Spears commented that she was not in favor of kicking businesses out of the
community but she is more in favor of representing the residents.
Motion approved by a roll call vote. Ayes -5 Nays -2
Ohare -aye, Spears -nay, Sticka -aye, Besco -aye, James -aye, Kot -nay, Munns -aye
Ordinance 2004 -44 Richard Marker & Associates — Granting Special Use Request
708 E. Veteran's Parkway
A motion was made by Alderman Sticks to approve an ordinance granting a Special Use for the
property located at 708 E. Veteran's Parkway, Yorkville, Illinois for a daycare /preschool facility
and to authorize the Mayor and City Clerk to execute the documents; seconded by Alderman
Besco.
Alderwoman Ohare asked if the special use was for a business or residence. Mayor Prochaska
clarified that the special use will not be in a home.
The Minutes of the Regular Meeting of the Citv Council — July 27, 2004 — nam 8
Alderman Sticka reported that the Plan Commission discussed the routing of traffic for the
facility and the petitioner has changed the plan to allow for a better circulation of traffic. It was
also noted that additional parking away from the street has been provided.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye
Resolution 2004 -23 Approving Preliminary/Final Plat for Cornerstone
A motion was made by Alderman Sticka to approve a resolution approving the Preliminary and
Final Plats of Subdivision for Triangle Properties, L.L.C., known as the Cornerstone Project and
to authorize the Mayor and City Clerk to execute the plats upon final engineering review;
seconded by Alderman James.
Mayor Prochaska noted that the property is located at the comer of Greenbriar and Route 47 and
the project is for both commercial and residential.
Motion approved by a roll call vote. Ayes -7 Nays-0
James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye,
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing
the purchase or lease of real property for the use of the public body.
He asked that City Clerk Milschewski, City Treasurer Powell, Administrator Graff and City
Attorney Dan Kramer be included.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Besco -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye
Mayor Prochaska noted that no action would be taken. The Council took a break and entered into
Executive Session at 8:40 P.M.
The Council returned to regular session at 9:10 P.M.
Mayor Prochaska reminded that Council to contact City Secretary Annette Williams with their
IML Conference reservations.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjoum. So moved by Alderman Sticka; seconded by
Alderwoman Spears.
Motion approved by a viva voce vote.
Meeting adjourned at 9:11 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
CITY COUNCIL MEETING
July 27, 2004
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PLEASE ASK THE FOLLOWING OUESTIONS
l.) How was it determined that the Narvick Bros. had the proper zoning to build a cement plant
in the Fox Industrial Park? Did Mr. Kramer Give his legal opinion? Did he inform the city that
he was representing the sellers of this property and was also the sole attorney involved in the sale
of this land between Oakwood Building and Land Corp. and Narvick Bros. Lumber Co.?
2.) Two years ago the property that the Narvick Bros. cement plant sits on (and the other new
businesses next to it) was one piece of property. Presently it is four separate lots. Why did this
property not go through the normal sub - division process? Shouldn't this have been phase 6 (six)
of the Fox Industrial Park?
3.) If this property used a plat act split exemption, then which exemption applies? Does the
exemption stated in Mr. Kramer's signed affidavit apply to this piece of property? Does it meet
the stated requirements?
4.) If this sub - division went through the county, then who worked on it at the county? Also why
did the city engineer (Joe Wyrot) do work on this development? Why does he have plans and
drawings, and why did he do work to help develop this property? Why are there memos in the
file for this property where Joe is asking for Mr. Kramer's legal opinion about easements? Why
did Mr. Kramer request that the city council allow for the changing of an easement on this
property before the Narvick Bros. cement plant was built?
5.) According to the records of Kendall County, of the sale of the land to Narvick Bros. Lumber
Co., Mr. Kramer signed the Plat Act Affidavit citing exemption #10.) The sale or exchange is of
parcels or tracts of land following the division into no more than two parts of a particular parcel
or tract of land existing on July 17. 1959 and not involving any new streets or easements of
access. Wasn't this land annexed into the city in the 1970's? Further, doesn't Mr. Kramer state
(in direct contradiction to this) on the front page of the Corporation Warranty Deed that the
property is also subject to cross - access easement?
6.) According to the records of Kendall County, of the sale of land (2.41 acres) to Nineteen
Fifty -Nine, LLC., Mr. Kramer signed the Plat Act Affidavit citing exemption #4.) The division is
of lots or blocks of less than one acre in any recorded subdivision which does not involve any
new streets or easements of access. Is this parcel, or the one it was split from, less than one
acre? Further, doesn't Mr. Kramer state (in direct contradiction to this) on the front page of the
Corporation Warranty Deed that the property is also subject to cross - access easement?
7.) Even if all of this sub - dividing was done properly shouldn't Mr. Kramer have announced that
he was representing the land owners in this matter and that he should not be giving the city his
legal opinion, or representing the city in any way in regards to this property?
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200200027371
Filed for Record in
KENDALL COUNTY, ILLINOIS
CORPORATION 11- 08 ND0RSAt 0 2:0 m.
WARRANTY DEED WARR DEED 46$. 10
THIS INDENTURE WITNESS TO
that the Grantor:
OAKWOOD BUILDING AND
LAND CORP.
J
a Corporation duly organized and
existing under and by virtue of the Laws
of the State of Illinois
And duly authorized to transact business in the State where the following described real estate is
located, for and in consideration of the sum of Ten and 00 /100 Dollars, and other good and
valuable consideration, the receipt of which is hereby acknowledged, and pursuant to authority
given by the Board of Directors of said Corporation, CONVEYS and WARRANTS TO:
NARVICK BROS. LUMBER CO., an Illinois Corporation
whose address is: 1037 Armstrong Street, Morris, IL 60450
the following described real estate to -wit:
SEE ATTACHED LEGAL DESCRIPTION
Situated in the County of Kendall and State of Illinois
SUBJECT TO: Existing easements, covenants, and restrictions of record, and 2002 and
subsequent years real estate taxes.
Also subject to Cross - Access Easement Agreement with adjoining owners.
TAX PARCEL NO. Part of 05 -05- 229 -002 & 05 -05- 229 -001
ADDRESS OF PROPERTY: Vacant Lot on Route 47, Yorkville, Illinois
STATE OF ILLINOIS ., REAL ESTATE
c TRANSFER TAX G01)1VTY OF KENDALL
NOV. LLJ i;ri1L ESTATE TRANSFER T.f
.- 0 0030Q00 ,� D. Do LW
o
KENDALL COUNTY FP35
I
i
, - ty•!� !Jul � V:ABK IOXW200
IN WITNESS WHEREOF, said Grantor has caused its corporate seal to be hereto
affixed and has caused its name to be signed to these premises by its President and attested by its
Secretary this day of October 1 20 02
(Affix corporate seal here)
I Oakwood 'Ruildin0 and Land Corp. Bv: x &xze
t
i (President)
Attest,
(Secretary)
STATE OF ILLINOIS )
) SS.
COUNTY OF Kendall )
I, the undersigned, a Notary Public in and for said County and State aforesaid, DO
HEREBY CERTIFY THAT RrPtt Burks personally
known tome to be the President of the Corporation who is the Grantor, and _ Michael Burks
personally known to me to be the Secretary of said Corporation, and personally known to
me to be the same persons whose names are subscribed to the foregoing, appeared before me
this day in person and severally acknowledged that as such President and Secretary they signed
and delivered the said instrument as President and Secretary of corporation, and caused the
corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board
of Directors of said corporation as their free and volunt act, and as the free and voluntary act
and deed of said corporation, for the uses and pure t ere' set forth.
Given under my hand and notarial seal th' y of October , 20 02 .
E /
p,� Public
NC�!'� ' 4/7004
FUTURE TAXES TO: RE fi THIS DOCUMENT TO:
Narvick Bros. Lumber Co. Narvick Bros. Lumber Co.
1037 Armstrong Street 1037 Armstrong Street
Morris, IL 60450 Morris, IL 60450
PREPARED BY:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
630 -553 -9500
BK lffi=200
^
PLAT ACT AFFID AVIT
(FILE WITH THE RECORDER OF DEEDS OF KENDALL COUNTY)
STATE OF ILLINOIS )
)ss. DOCUMENT
COUNTY OF KENDALL )
j DANIEL J. KRAMER , being duly sworn on oath, states that he resides a�
1107A S. Bridge Street. Yorkville. IL 60560 That the attached deed represents:
1. The subject property is unsubdivided property.
2. A distinct separate parcel qualifying for a Kendall County building permit prior to August 10, 1971.
3. The division of subdivision of the land is into parcels or tracts of five acres or more in size which'does not involve any
new streets or easements of access.
- 4. The division is of lots or blocks of less than one acre in any recorded subdivision which does not involve any new
streets or easements of access.
5. The sale of exchange of parcels of land is between owners of adjoining and contiguous land.
6. The conveyance is of parcels of land or interests therein for use as right of way for railroads or other public utility
facilities, which does not involve any new streets or easement of access.
7. The conveyance is of land owned by a'railroad or other public utility which does not involve any new streets or
easements of access.
8. The conveyance is of land for highway or other public purposes or grants of conveyances relating to the dedication of
land for public use or instruments relating to the vacation of land impressed with a public use.
9. The conveyance is made to correct descriptions in prior conveyances.
QD The sale or exchange is of parcels or tracts of land following the division into no more than two parts of a particular
parcel or tract of land existing on July I7, 1959, and not involving any new streets or easements of access.
11. The sale is of a single lot of less.than five acres from a larger tract, evidenced by a survey made'by a registered suiveyo;
which single lot is the first sale from said larger tract as determined by the dimensions and configurations thereof on
October 1, 1973, and which sale does not violate any local requirements applicable to the subdivision of land.
CIRCLE NUMBER ABOVE WHICH IS APPLICABLE TO ATTACHED DEED.
Af£ant fi .irther states that he makes this affidavit for the purpose of ind sing e Recor r of Deeds of Ken 11 County,
Illinois, to accept the attached deed for recording.
DANIEL J. kpAM Attorney at Law
SUBS(TURED AND SWORN to before me " OFF f C I A I
DIANE OTT
this 93AA day of 06t , 1�3 2oa Z- NOTARY PUBLIC, S1 ATE OF.ILLINOIS
MY COMMISSION EXPIRES 8/10/1005 CJ
Notay Public
LEGAL DESCRIPTION
THE EASTERLY 10.00 FEET OF LOT 1 IN BLOCK 2 IN FOX INDUSTRIAL PARK UNIT 1, IN THE
UNITED CITY OF YORKWLLE, KENDALL COUNTY, ILLINOIS, AND THAT PART OF TH£ EAST HALF OF Of' SEC17oN PRINCI�LMERIDIAN,� DE CRIBED AS FOLLOWS: BEGINNING AT 7HE
RANGE 7 EAST OF THE THIRD
SOUTHEAST CORNER OF LOT 1
IN BLOCK 2 IN FOX INDUSTRIAL PARK UNIT 1; THENCE SOUTH Ol DECREES Ot MINUTES 17
UNIT 1D AND ALON THE WSTERLY OF FOX INDUSTRIAL PARK u I 5� 77714 TO TH£
SOUTHWEST CORNER OF SAID FOX INDUSTRIAL PARK UNIT 5• THENCE NORTH 81 DEGREES 09
MINUTES 33 SECONDS WEST, ALONG THE WESTERLY EX7ENSION OF THE SOUTHERLY LINE OF SAID
FOX INDUSTRIAL PARK UNIT 5, 416.19 FEET TO THE PRESENT EASTERLY RIGHT OF WAY LINE OF
ILLINOIS ROUTE N0. 44 7NENCF 'NORTH 01 DEGREES 01 MINUTES 05 SECONDS WEST ALONG
SAID PRESENT EASTERLY RIGHT OF WAY LINE, 316.99 FEET; THENCE NORTH 88 DEGREES 28
MINUTES Ol SECONDS EAST, 243.86 FEET,• THENCE NORTH 60 DEGREES 1B MINUTES 43
SECONDS £AST, 144.13 FEET, THENCE NORTH 88 DECREES 2B MINUTES 01 SECONDS EAST,
30.00 FEET; THENCE NORTH 01 DEGREES Of MINUTES 17 SECONDS WEST PARALLEL W/IH THE
WESTERLY LINE OF FOX INDUSTRIAL PARK UNIT 5, AND PARALLEL WITH 7N£ 11£S LLE LIN£ H
SAID LOTS 3 AND 4, 317.22 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1 THAT IS
THENCE NORTH BB DEGREES 57 MINUTES 15 or
10.00 FEET WESTERLY OF THE POINT OF BEGINNING,
SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 1, 10.00 FEET TO THE POINT OF BEGINNING,
IN 7HE CITY OF YORKWLLE, KENDALL COUNTY, ILLINOIS, AND CONTAINING 3,57 ACRES MORE OR
LESS
l
y, OX03X200
CORPORATION 200300013179
Filed for Record in
W r a r KENDA LL COUNTY, ILLINOIS
PAUL ANDERSON
04 -23 -2003 At 08135 AM.
S S TO WARR DEED 168.00
that the Grantor:
OAKWOOD BUILDING AND
LAND CO n ��
a Corporation duly organized and
existing under and by virtue of the Laws
of the State of Illinois
And duly authorized to transact business in the State where the following described real estate is
located, for and in consideration of the sum of Ten and 00 /100 Dollars, and other good and
valuable consideration, the receipt of which is hereby acknowledged', and pursuant to authority
given by the Board of Directors of said Corporation, CONVEYS and WARRANTS TO:
NINETEEN FIFTY -NINE, LLC, an Illinois Limited Liability Company
whose address is: 11 Crestview Drive, Oswego, IL 60543
the following described real estate to -wit:
SEE ATTACHED LEGAL DESCRIPTION
Situated in the County of Kendall and State of Illinois
SUBJECT TO: Existing easements, covenants, and restrictions of record, and 2002 and
subsequent years real estate taxes.
Also subject to Cross - Access Easement Agreement with adjoining owners.
TAX PARCEL NO. 05 -05- 229 -006
i
ADDRESS OF PROPERTY: Vacant Lot on Route 47 & Beaver Street, Yorkville, Illinois
COUNTY O VENALL F ER TAX
STATE OF ILLINOIS c, REAL ESTATE REAL ESTATE
v TRANSFER TAX
Ln $
_ ApR.21.o3 0 00300,00
� G
REAL ESTATE TRANSFER TAX FP 3 26656 j OL° ow
DEPARTMENT OF REVENUE
1 is 3:1
IN WITNESS WHEREOF, said Grantor has caused its corporate seal to be hereto
affixed and has c ed its name to be signed to these premises by its President and attested by its
Secretary this day of Anril 20
I
Affix corporate seal here
i
Oakwood Builders and Land Cora. BY: / a►�Gc I`l S�-c k
BRETT BURKS, President
Attest:
MICHAEL BURKS, Secretary /Treasurer
STATE OF ILLINO S )
) SS.
COUNTY OF 1
I, the undersigned, a Notary Public in and for said County and State aforesaid, DO
HEREBY CERTIFY THAT Brett Burks personally
known to me to be the President of the Corporation who is the Grantor, and Michael Burks
personally known to me to be the Secretary of said Corporation, and personally known to me
to be the same persons whose names are subscribed to the foregoing, appeared before me this
day in person and severally acknowledged that as such President and Secretary they signed and
delivered the said instrument as President and Secretary of corporation, and caused the corporate
seal of said corporation to be affixed thereto, pursuant to authority given by the Board of
Directors of said corporation as their free and voluntary act, d as the free and voluntary act and
deed of said corporation, for the uses and purposes there' a forth.
Given under It of A 200
DANIEL. o. t<RAMER /
NOTARY PUBLIC, STATE OF ILLINO15
MY COMMISSION EXPIRES ipiijz uw► otublf`c L✓
FUTURE TAXES TO: RETURN THIS DOCUMENT TO:
Nineteen Fifty -Nine, LLC Nineteen Fifty -Nine, LLC
11 Crestview Drive 11 Crestview Drive
Oswego, IL 60543 Oswego, IL 60543
PREPARED BY:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
630 -553 -9500
PLAT ACT AFFIDAVIT
(FILE WITH THE RECORDER OF DEEDS OF KENDALL COUNTY)
STATE OF ILLINOIS ) DOCUMENT #
)ss.
COUNTY OF K.ENDALL )
DANIEL J. KRAMER , being duly swom on oath, states that he resides at
1107A S. Bridee Street. Yorkville. IL 60560 That the attached deed represents:
� 1. The subject property is unsubdivided property.
2. A distinct separate parcel qualifying for a Kendall County building permit prior to August 10, 1971.
3. The division of subdivision of the land is into parcels or tracts of five acres or more in size which not involve any
new streets or easements of access.
04. The division is of lots or blocks of less than one acre in any recorded subdivision which does not involve any new
streets or easements of access.
5. The sale of exchange of parcels of land is between owners of adjoining and contiguous land.
6. The conveyance is of parcels of land or interests therein for use as right of way for railroads or other public utility
facilities, which does not involve any new streets or easement of access.
7. The conveyance is of land owned by a railroad or other public utility which does not involve any new streets or
easements of access.
8. The conveyance is of land for highway or other public purposes or grants of conveyances relating to the dedication of
land for public use or instruments relating to the vacation of land impressed with a public use.
9. The conveyance is made to correct descriptions in prior conveyances.
.10. -The sale or exchange is'ofparcels or tracts of land following the division into no more than two parts of a particular
parcel or tract of land existing on July 17, 1959, and not involving any new streets or easements, of access.
11. The sale is of a single lot of less.than five acres from a larger tract, evi0enced by a survey made by a registered surveyor
which single lot is the first sale from said larger tract as determined by the dimensions and cogurations thereof on nf
October 1, 1973 and which sale does not violate any local requirements applicable to the subdivision of land.
CIRCLE NUMBER ABOVE WHICH IS APPLICABLE TO ATTACHED DEED.
Aff ant fiirther states that he makes this affidavit for the purpose Zindu VRec er of Deeds of Ken 1 County,
Illinois, to accept the attached deed for recording.
DANIEL L R, omey at Law
SUBSC IBED AND SWO to before me "OFF! CIA L SFAL"
JULIE L. O'NEILL
this d 1 p Notary p„hlir;_ ;tar of Illinois
My Corr nu'.5n)r exu res in/l
.1 Public....
�� I I I I
I
CHICAGO TITLE INSURANCE COMPANY
ORDER NUMBER: 1410 SA2272145 AU
STREET ADDRESS: PART of LOT 1 FOX INDUSTRIAL PARK
CITY: YORKVILLE COUNTY: KENDALL
TAXNUMBER: 05 -05- 229 - 001 -0000
LEGAL DESCRIPTION:
LOT 1 (EXCEPT THE EASTERLY 30.00 FEET THEREOF) IN BLOCK 2, IN FOX INDUSTRIAL
PARK UNIT 1, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND THAT
PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE
7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEAST CORNER OF SAID LOT 1 IN BLACK 2 IN FOX INDUSTRIAL PARK UNIT 1;
THENCE SOUTH 88 DEGREES 57 MINUTES 15 SEONDS WEST, ALONG THE NORTH LINE OF SAID
LOT 1, 30.00 FEET FOR THE POINT OF BEGINNING, THENCE SOUTH 01 DEGREES 01 MINUTES
17 SECONDS EAST, PARALLEL WITH THE WESTERLY LINE OF LOTS 3 +AND 4 OF SAID FOX
INDUSTRIAL PARK UNIT 1, 160.39 FEET; THENCE SOUTH 88 DEGREES 28 MINUTES 01
SECONDS WEST 380.32 FEET TO THE PRESENT EASTERLY RIGHT OF WAY LINE OF ILLINOIS
ROUTE NO. 47 THENCE NORTH 01 DEGREES 01 MINUTES 05 SECONDS WEST, ALONG SAID
PRESENT EASTERLY RIGHT OF WAY LINE 163.63 FEET TO THE SOUTHERLY LINE EXTENDED
WESTERLY OF LOT 1 IN BLOCK 2 OF SAID FOX INDUSTRIAL PARK UNIT 1; THENCE NORTH 88
DEGREES 57 MINUTES 15 SECONDS EAST, ALONG SAID SOUTHERLY LINE AND SAID
EXTENSION, 380.30 FEET TO THE POINT OF BEGINNING, IN THE CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS.
LEGALD JLO 04/19/03 -
I
I�
State of Illinois )
County of Kendall )
AFFIDAVIT
I, Andy Kummerer, do hereby state:
1. I am a project engineer for Marathon Ashland Petroleum, LLC.
I
2. I signed the Application Variance Request on behalf of Marathon Ashland
Petroleum, LLC submitted to the City of Yorkville on May 17", 2004.
3. I submitted my name and address for the name address, phone number and fax
number of person to whom inquiries regarding the petition may be directed pursuant
to paragraph 7 of the Application Variance Request.
4. I have never received, either regular mail or certified mail, a copy of the written
protest that was filed with the clerk of the United City of Yorkville.
Under penalties as provided by law pursuant to Section 1 -109 of the Code of Civil Procedure,
the undersigned certifies that the statements set forth in this instrument are true and correct, except
as to matters therein stated to be on information and belief and as to such matters the undersigned
certifies as aforesaid that he verily believes the same to be true.
i
Signed on July 27` 2004.
q Ady Kummer1r