Loading...
City Council Minutes 2005 07-12-05 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 12.2005. Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present Ward III Ohare Present Mums Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City A dministra tor Graff City Attorney Wyeth, Police Lieutenant Schwartzkopt Director of Public Works Dhuse and Executive Director of Parks & Recreation Brown. OUORUM A quorum was established. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session to discuss: • The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including r hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity • Land Acquisition - For the purpose of purchasing or leasing of real property for the use of the public bodies being considered. He asked that City Clerk Milschewski, City Attorney Wyeth, Attorney Yvette Heintzelman, Attorney Philip Nathe and Park Board President Rollins be included in the first Executive Session and City Clerk Milschewski, City Attorney Wyeth and City Administrator Graff be included in the second session. He noted that no action would be taken in regards to the sessions. So moved by Alderman Ohare; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -8 Nays -0 Ohare -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Spears -aye, Wolfer -aye The City Council entered into Executive Session at 7:04 P.M. The City Council returned to regular session at 8:13 P.M. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, July 25, 2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, July 21, 2005 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Regular Meeting of the Citv Council - July 12. 2005 - Da g 22 Administration Committee 7:00 P.M., Thursday, August 4, 2005 City of Yorkville Conference Room 800 Game Faun Road Public Safety Committee 6:30 P.M., Monday, July 14, 2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:00 P.M., Tuesday, August 9, 2005 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS None. CITIZEN COMMENTS None. PRESENTATIONS None. CONSENT AGENDA 1. Building Permits Reports for May 2005 2. Block 4 Black's Addition - Letter of Credit - authorize the City Clerk to call the Letter of Credit if deemed necessary by the Mayor 3. Block 4 Black's Addition - Letter of Credit Reduction #1- authorize reduction in an amount not to exceed $12,163.04 4. Asphalt Surface Treatment Program - Results of Bid Opening - award to CA9 LLC in an amount not to exceed $34,695.44 5. Contract A.2 - Cannonball Trail Booster/PRV Station - Change Order #2 - authorize increase in an amount not to exceed $9,699. 00 for additional work related to valuing and also for installation of an auto - dialer system and changes in the electrical service and authorize City Engineer to execute 6. Cornerstone Subdivision Bond Reduction #I - authorize reduction to Lexon Bond #1010743 in an amount not to exceed $460,321.59 and also authorize reduction to Safeguard Bond #5012882 in an amount not to exceed $741,664.16 7. Bruell Street Forcemain and Gravity Sewer - Change Order #2 - authorize increase in an amount not to exceed $16,500. 00 and authorize City Engineer to execute 8. Sale of Used Equipment - authorize the sale of thefollowing three vehicles: 1987 Chevrolet one ton pickup truck, 1989 GMC 3 /4 ton pickup truck, and 1998 International 6x4 tandem dump truck and also authorize the sale of a four inch trash PUMP 9. 500 MG Water Tower Painting - Change Order #1- authorize increase in an amount not to exceed $6,500. 00 and authorize Mayor to execute 10. Ordinance 2005 -56 - Amending City Code, Title 3, Business; Chapter 3 Liquor Control Regarding New Classifications and New Enforcement Provisions - authorize the Mayor and City Clerk to execute 11. Ordinance 2005 -57 - Amending City Code Section 10 -11 -3C Regarding Off Street Parking And Loading Regulations (Commercial/Office Parking Lots) - authorize the Mayor and City Clerk to execute the City Engineer to begin the process of calling the Letter of Credit 12. Ordinance 2005 -58 - Amending City Code Sections 10 -7D -1 and 10 -8A -3 and Adding New Section 10 -8A -7 Regarding Zoning for Mini Warehouse Storage Facilities - authorize the Mayor and City Clerk to execute 13. Ordinance 2005 -59 - Amending City's Standard Specifications for Improvements (Ordinance 2004 -39) Referenced in City Code Section 11 -5 -9 Regarding The Release Rate for Aux Sable Creek watershed - authorize the Mayor and City Clerk to execute 14. Resolution 2005 -44 - Proclamation for Locating Utilities Underground - authorize the Mayor and City Clerk to execute 15. Resolution 2005 -45 - Approving the Final Plat of Subdivision for Fox Hill Unit 6 Lot 1 - authorize the Mayor and City Clerk to execute 16. Ordinance 2005 -60 - Providing for a Feasibility Study and Report with Respect to the Designation of an Area as a Tax Increment Financing Redevelopment Project Area (Downtown Business Area) - authorize the Mayor and City Clerk to execute 17. Cannonball Ridge Park Bid a. award base bid to George's landscaping in an amount not to exceed $238,334.00 The Minutes of the Regular Meeting of the Citv Council — July 12. 2005 — nab b. authorize additional items by City in an amount not to exceed $15, 500.00 for site work including landscaping and authorize design fees in an amount not to exceed $19,500. 00 18. Illinois State Geological Survey Research Agreement for Groundwater Resource Investigations for Kendall County - authorize annual payment in an amount of $11,515.00 for three years for a total amount not to exceed $34,545.00 and authorize Mayor to execute 19. Truck Purchases a. Replacement of Utility Truck — authorize purchase through state purchase program in a total amount not to exceed $37,073.35 ofwhich $30,569.35 will be funded from the Parks Capital line item and $6,504.00 will be funded from the Public Works Capital line item. b. Additional One Ton Dump Truck - authorize purchase through state purchase program in a total amount not to exceed $32,741.10 of which $26,741.10 will be funded from the Parks Capital line item and $6,504.00 will be funded from the Public Works Capital line item Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Spears -aye, Wolfer -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meeting from June 21, 2005; seconded by Alderman Ohare. Alderman Besco noted that Park Board member Tammy Smock's name was misspelled on the first page of the minutes Motion approved as corrected 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 June 29, 2005 totaling the following amounts: checks in the amount of $1,246,454.37 (vendors); $167,484.37 (payroll period ending 6/25/05) for a total of $1,413,938.74 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye REPORTS MAYOR'S REPORT Resolution 2005 -46 Supporting Application/Inclusion in Illinois Transportation Enhancement Program Mayor Prochaska entertained a motion to approve a Resolution supporting the grant application for the Illinois Transportation Enhancement Program and authorize the staff to complete the application as presented. So moved by Alderman Ohare; seconded by Alderman Wolfer. Mayor Prochaska noted a few corrections needed to the Resolution. On page 1, third paragraph, the third line should read United City of Yorkville. He also noted that staff suggested that the same paragraph read "... United City of Yorkville, preservation offormer railroad corridors and historic railroad buildings and the connection of said system... ". Mayor Prochaska entertained a motion to amend the motion on the floor to include the suggested language. So moved by Alderman Ohare; seconded by Alderman Besco. Amending motion approved by a roll call vote. Ayes -8 Nays -0 Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye The Minutes of the Regular Meeting of the Citv Council — July 12. 2005 - na 4 Original motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye McGrath Consulting Group, Inc. Agreement for Community Development Director Recruitment Mayor Prochaska entertained a motion to approve the McGrath Consulting Group, Inc. Agreement for the Community Development Director recruitment as presented and authorize the Mayor and City Clerk to execute. So moved by Alderman Besco; seconded by Alderman Ohare. Alderman Spears asked if the dollar amount should have been included in the motion. Administrator Graff stated that there is a base of $8,500.00 however there are also reimbursables for expenses. Mayor Prochaska suggested that there should be a limit to the reimbursables. This was discussed further and Administrator Graff suggested that the reimbursables should not exceed $2,000.00. Alderman Ohare withdrew her second; Alderman Besco withdrew the motion. Mayor Prochaska entertained a motion to approve the McGrath Consulting Group, Inc. Agreement for the Community Development Director recruitment as presented including in an amount not to exceed $2,000.00 for other expenses and authorize the Mayor and City Clerk to execute. So moved by Alderman Besco; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye Request for Single Bid Award for Rice Park Mayor Prochaska entertained a motion to approve a bid award for Rice Park to George's Landscaping Inc. in an amount not to exceed $17,947.00 as presented and recommended by the Park and Recreation Board. He noted that since this is a single bid, the award would require a supermajority vote. So moved by Alderman James; seconded by Alderman Wolfer. Executive Director of Parks & Recreation Laura Brown explained that equipment was installed at Rice Park however there is a problem with the soils where it was installed. She stated that it is an isolated spot that may have been a bum or mulch pit at one time. She explained that soil samplings were taken and the problem lies 9 to 12' below the footings of the equipment. Director Brown indicated that this was the lowest bid received for the original installation of the park. It was requested to use them again in order to maintain the warranty on the equipment. Treasurer Powell asked if the soil was being stabilized and Ms. Brown explained that it was going to be stabilized as well as a different type of footing will be used. Motion approved by a roll call vote. Ayes -8 Nays -0 Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye James -aye Proclamation for Elder Abuse Awareness Month Mayor Prochaska read a proclamation for Elder Abuse Awareness Month — July 2005 (see attached). He asked for a vote of ratification from the City Council. So moved by Alderman Burd; seconded by Alderman Wolfer. Motion approved by a viva voce vote. Mayor Prochaska introduced Ziv Sabin with the Senior Services Association to the City Council and presented her with a copy of the proclamation. Ms. Sabin thanked the City Council for their support. Mayor Prochaska noted that he had brochures regarding Elder Abuse that will be displayed at City Hall. CITY COUNCIL REOUESTS Establishing Committees of the City Council A motion was made by Alderman Besco to approve an Ordinance Establishing Committees of the City Council as presented; seconded by Alderman Burd. Alderman Ohare noted that the ordinance states that the Mayor does not appoint committees and she questioned who would appoint ad hoc committees. Mayor Prochaska stated that ad hoc The Minutes of the Regular Meeting of the Citv Council — July 12. 2005 — nage 5 committees would not be included under the ordinance and would still be developed by the Mayor. Alderman Leslie thanked the Council for their patient while he deliberated on this ordinance. He stated that he understood that the committee chair would be appointed by the City Council as a whole however this is not reflected in the ordinance. He stated that having the committee pick the chairman allows for a consolidation of power on each committee. Alderman Burd stated that this issue was brought up by Alderman Besco however the other alderman wanted the chairman selected by the committee. It was discussed that if the committee could not make this decision or there was a tie, then the selection would go to the City Council as a whole. She stated that personally she did not have a preference on how the chairman was selected. Alderman James stated that he thought the absence of the Mayor in choosing the committees is wrong because the Mayor is voted in by all four wards. He also noted that there is no mention of the mayor in the ordinance. He stated that it was discussed at an earlier meeting that there is an industry expert who is willing to give the City Council an opinion as to how the committees should be chosen however some of the Council did not want to wait for the opinion but rather wanted to move the ordinance forward. He stated that he did not support the ordinance. Alderman Besco stated that he agreed with Alderman Leslie and would prefer to amend the ordinance to the way it was before the Committee of the Whole meeting; committee ch airman would be picked by the entire City Council. A motion was made by Alderman Besco to amend the original motion to add language to the ordinance allowing the chairman of each committee to be picked by all the aldermen; seconded by Alderman Burd. Alderman Ohare questioned why the chairman should be picked by aldermen not on the committee. She stated that it was hard for her to think why she would choose a chairman of for instance the Public Works Committee when she is not on the committee. Alderman Spears agreed with Alderman Ohare. Alderman Besco stated that this should be a time tested ordinance; it can be amended if there is a conflict. He stated that this is a good starting point and that something should get on the books. Alderman Leslie noted that Aldermen Ohare and Spears had a good point. He stated that he was reaching for a method of checks in balances. He stated that he asked the opinion of a friend who is a councilman in Bellwood, Illinois as well as the friend's father who was a former councilman in the same community as to the ordinance. They said it has always been a mayor's prerogative to choose committees. They were not sure why it was this way but that it always worked that way. He stated that he felt it is one of the things that a mayor was responsible for. He stated that he has struggled with the underlying motivation behind this ordinance. He fizrther stated that he has tried to figure out what is wrong to want to change the method of choosing committees. He commented that he has not found anything wrong with the present system but did understand that there were some senior aldermen who wanted to be appointed to a certain committee or appointed chairman who weren't. He stated that he did not feel the end justified the means in this case. Amending motion approved by a roll call vote. Ayes -5 Nays -4 Burd -aye, James -nay, Leslie -aye, Munns -aye, Ohare -nay, Spears nay, Wolfer -nay, Besco -aye, Prochaska -aye Alderman Munns noted that if an alderman wanted to kill something at the committee level, the other three on the committee could still move the item on to a COW meeting. He stated that the committees do not really have any more or less power than the Council as a whole. He stated that everyone was getting hung up on how much power a committee has rather than on what it is intended to. Alderman Ohare questioned that if this is the case, why change the current method. Mayor Prochaska asked what is going wrong with the committees at this point in time. He noted that he felt that everything was working well - business is getting done, things are happening in the City the way they are suppose to and work is progressing. He echoed Alderman Munns comment that this is not about power; the power lies with the entire Council. It is all about doing a job; it is all about the City Council working with the Mayor for the best interest of the community and that this needs to continue. He stated that it helps when a committee recommends moving something forward however that does not have to happen and that in the last six years, he has not seen a case where the committees were not working or getting work done. He noted that he does not vote on the ordinances, unless it is a tie vote. The Minutes of the Regular Meeting of the Citv Council — July 12, 2005 — nab Alderman Ohare stated that she would like the City Council to vote this down for all the reasons the Mayor noted. Alderman Besco stated that he did not feel this was initiated by any ill feelings but rather it was initiated because there is no ordinance on the books establishing how committees are chosen and he hoped the Council would support this because of this fact. He stated that people are making a bigger deal out of this ordinance; some people have taken it personally and that he has been insulted and appalled by statements people have made. Alderman Burd stated that she was in favor of the ordinance and not because of seniority. She stated that the thing that bothered her the most was when the Mayor rearranged the committees because he felt that they were not voting correctly on the Administration Committee. She felt that this was an overstepping of mayoral power and she had never seen this happen in any other municipality. She stated that it took her by surprise and she felt it was inappropriate. This ordinance would be a way to safe guard so this does not happen again. She stated that usually the senior aldermen are granted certain deference for having served so many years on a council. She stated that she did not feel that asking questions was a reason for being removed from a committee. She noted that staff needs to work with all the aldermen and she agreed that the whole City Council votes on all issues. She noted that the aldermen are elected by their constituents and are here to serve these constituents. She did not feel the comment that the Mayor is elected by the whole City is a good thing; because the City Council is eight people with eight different decisions which provides a balance. They should not be following any one person's direction. She stated that she did not want to see aldermen being reprimanded in any way for their differences in opinion and she hoped that a "yes" vote for this ordinance would bring the balance back. She stated that personally she found it hard to serve on a City Council where this "stuff' is going on. Mayor Prochaska stated that there was no reprimand made. He stated that everyone seems to forget that people ask to be on certain committees which he tries to honor. He explained that when the structure of the Administration Committee was changed, he was approached by aldermen who asked to serve on the committee. He stated that to say this has never happened is untrue; he was on committees when he was an alderman that were realigned. He noted that he feels that every subject that comes up is due its course. He stated that the vote for the structure of the committees is the vote of the City Council and that the only thing he asked of this ordinance was that it would state how the committees would interrelate with the administrati this was not addressed. He also noted that a consultant was coming in that could give suggestions and there may be a way to choose committees that none of the City Council has thought of He stated that if the City Council thought this ordinance was in the best interest of the City, they should approve it. Alderman Spears stated that Mayor Prochaska painted a bright picture of the past six years; everything was in a "perfect little world" however she disagreed. She stated that she was personally very offended with the Administration Committee being changed because expenses were questioned. She stated that she believed Mayor Prochaska told the press that the reason why she was removed from the chairmanship was because she stated that she was unable to communicate with the staff. She stated that at a meeting, the City Council discussed and signed a document stating that it is the staff member who was failing in communication. She stated that if she were ever offered a chairmanship, which she doubted would happen while Mayor Prochaska was mayor, she would decline because she would rather take the time to do research that she feels is necessary for the betterment of the residents of the United City of Yorkville. Alderman Ohare commented that she thought wasn't a personal issue. Alderman Leslie explained that this is his first year on the City Council and that he has figured out he is the "swing' vote on this matter He stated that he is very uncomfortable with being put in this position. He noted that the Mayor stated that there may be a better thing out there for the City Council. He commented that the only thing "black and white" about this issue is that the City Council is evenly divided and it is a personal issue as Alderman Ohare pointed out. He stated that he was not going to support the ordinance and hoped that the City Council could move on to other business. Alderman Munns noted that he has not perceived problems with the committees while he has been on the City Council however just because something isn't broke doesn't mean there isn't a better way. Whether this is the best way or not he agreed with Alderman Besco that there has to be an ordinance addressing this. He noted that the Northern Illinois University study a few years ago recommended abolishing all the committees and having everything go to the COW meeting. He stated that he does not have anything personal against the mayor or any alderman; he votes his conscience and that is what the City Council was elected to do. The Minutes of the Regular Meeting of the Citv Council — July 12. 2005 — Aage 7 Original motion defeated by a roll call vote. Ayes -4 Nays -5 Munns -aye, Ohare -nay, Spears -aye, Wolfer -nay, Besco -aye, Burd -aye, James -nay, Leslie -nay, Prochaska -nay Authorizing the City Council to Retain Independent Legislative Counsel A motion was made by Alderman Burd to approve an Ordinance authorizing the City Council to retain independent legislative counsel as presented; seconded by Alderman Munns. Alderman Burd stated that it was discussed at a COW meeting to add the City Clerk and City Treasurer to the ordinance. She stated that this is suppose to be legislative advice for the people who are creating ordinances and she did not know if it was appropriate for the City Clerk and/or City Treasurer to be included. She stated that she personally did not care if they were added or not. Also, she noted that the ordinance was to specify a maxim of $5,000.00 in annual fees (fiscal year). She mentioned that Mr. Price from Ancel, Glink, Diamond, Bush, Dicianni and Polek, P.C. was present to answer any questions the City Council may have. She stated that she would be honored to have his advice; his law firm is one of the top firms in the state when it comes to municipal law and Mr. Price is very knowledgeable and would be a benefit to the City Council. There was discussion regarding adding the yearly maximum to the motion. Alderman Munns withdrew his second and Alderman Burd withdrew the motion. A motion was made by Alderman Burd to approve an Ordinance authorizing the City Council to retain independent legislative counsel with a caveat that the maximum amount will be $5,000.00 for this fiscal year; seconded by Alderman Spears. Alderman Ohare noted that on the first page, third paragraph of the ordinance it states that "the City currently employs a City Attorney and the functions of that attorney principally relate to services for the executive branch of government ". She asked if the executive branch was only the mayor. Mayor Prochaska stated that that was how he interpreted the statement. Alderman Ohare noted that the United City of Yorkville employees a City Attorney who serves all of the City Council and not just the mayor. She stated that she did not like the wording in the ordinance which states that the City Attorney is appointed by the mayor and she questioned the statement in Section 1, fourth line regarding the drafting of ordinances. She stated that she was interpreting this as it is not the job of the City Council to draft ordinances. She also noted that the word "purview" was misspelled in the second to last line on page 1. Alderman Ohare stated that spending the money for the hiring of this firm is an unnecessary expense because there already is a City Attorney. She noted that the City does retain specialized attorneys such as the labor attorney when necessary. She also asked where the RFQ was this service and what budget line would the $5,000.00 come out of. She stated that the City Council voted that items such as this needed an RFQ. Alderman Burd commented that the statement regarding the Mayor appointing the City Attorney is a statement of fact; the Mayor appoints the attorney and the City Council approves it. She fiirther noted that one of the City Council duties is to create legislation. The City Council can request that their legal advisors draft legislation or they can draft it themselves. She stated that she did not see any problem with the City Council having a legal advisor with more experience to give advice. She noted that when the Mayor choose a City Attorney he did not put out an RFQ nor did the City Council interview candidates. She stated that the amount to be spent is under the amount needed to require an RFQ. Alderman James stated that he contacted another law firm and asked their opinion on this ordinance. He stated that he was drilled with a lot of question as to why the City Council would want to do this because the City already has a City Attorney. He was told by the law firm that the City Attorney should be the one to admit when something is out of his area of expertise and recommend another independent law firm. They also recommended against the City Council having their own counsel. He also asked if they would bid on services such as this and he was told they would not. Alderman Spears asked what law firm he contacted and who he spoke with. Alderman James stated that he did not want to release the firms name in a public meeting and that he would discuss this with her later. Alderman Spears stated that she felt that this is a necessity because contrary to what the City Council was told they could be sued. She stated that City Attorney Wyeth was investigating this matter so that there is insurance coverage to protect the City Council. Attorney Wyeth stated that he was still in the process of the investigation and he would report to the City Council when it is concluded. She stated that all the members of the City Council have agreed that this service will not be abused but it is being put in place for a safety factor. She stated that a maximum of $5,000.00 is not a lot of money from the taxpayers when the City spends more than that on The Minutes of the Regular Meeting of the Citv Council — July 12. 2005 — na g 88 frivolous spending. She stated that this would be a guarantee that the City Council will be represented legally if they have questions. Alderman James noted that approving the ordinance would be a guarantee for confusion and more arguments. He asked if the City Council receives two opposing views, what they will do. He felt that the City will keep "shoveling" money to this law firm. Alderman Munns asked Attorney Wyeth about liability issues. Attorney Wyeth explained that he is researching if the City Council has an indemnification policy and he would report back to the City Council when his investigation was concluded. Mayor Prochaska stated that it has been his understanding from information from the Illinois Municipal League that the City Council has "tort immunity" when they act within the bounds of their authority and in the best interest of the community. The City Council has to show they are not acting out of malice or arbitrary capricious decisions. One way to indicate this is to show that they acquired a legal opinion. He expressed his concern that if the City Council were to be sued, what would happen if the City Council had receives two opposing legal opinions. He asked what would be the basis for choosing one over the other. He felt that the City Council could be subjected to a greater liability if there were two opinions and they chose one. He stated that the City Attorney is appointed by the Mayor with the advice and consent of the City Council. The Council has the right to interview the candidate before approving the appointment. He explained that the City Attorney represent the executive and legislative branches of the government as well as the staff, boards and volunteer groups who sit on the boards. Alderman Munns commented that in the medical community that after receiving a diagnosis, it is the patient best interest to get second opinion and pick the opinion you trust. Original motion defeated by a roll call vote. Ayes4 Nays -5 Ohare -nay, Spears -aye, Wolfer -nay, Besco -aye, Burd -aye, James -nay, Leslie -nay, Munns -aye, Prochaska -nay ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth noted that he added an updated "Desk Guide" of the Robert's Rules he has covered at previous meetings (see attached). He added the five classifications of motions which he will be going over in more detail at upcoming meetings. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Graff reported that the City Council received two memos (see attached) providing further information regarding the Blackberry Creek USGS Grant and the crack filling bid award. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Water Ban Director Dhuse reported that he distributed a memo giving a water update (see attached). He noted that the water ban has resulted in the aquafir raising 10' since June 28, 2005. It is still down 30'. Mayor Prochaska stated that he has been contacted about property owners who are still watering however the ones in question are on private wells and are not using the City's water system. Director Dhuse suggested approaching these property owners and asking them to water at appropriate times. Administrator Graff noted that the high school football field is being watered however the water is being brought in by truck from the Grande Reserve well which has to use 300,000 gallon/week to keep the system running. Alderman Ohare asked if residents with underground watering systems could use their systems in the early morning. Director Dhuse stated that the all watering is banned. Woodworth Lift Station Director Dhuse distributed a memo reporting on the failure of the pump at the Woodworth Lift Station (see attached). He stated that the lift station under construction at Bruell Street will be used temporarily along with a temporary generator (will be used until power is run to the permanent station). The permanent lift station at Bruell Street should be completed in about six weeks. The Minutes of the Regular Meeting of the Citv Council — July 12. 2005 — nage 9 Fox Hill Pond Administrator Graff reported that a pond will be dewatering in Fox Hill so that a new liner can be placed in it. He stated that this should not affect the aquafir for the Plano well. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT 2005 Crack Filling Project — Results of Bid Opening A motion was made by Alderman Besco to approve the Joint and Crack Filling Bid to SKC Construction in the amount of $27,600.00 as recommended by the City Engineer and City Attorney; seconded by Alderman Ohare. Alderman Ohare asked if curbs were being installed and it was explained that this was for streets that were four to five years old and was a maintenance measure. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye Engineering Enterprises, Inc. (EEI) Agreement for Monitoring of the USGS Floodplain & Floodway Mapping for Blackberry Creek A motion was made by Alderman Besco to approve Engineering Enterprises, Inc. (EEI) agreement for Consulting Engineering Services for the Monitoring of the Floodplain and Floodway Mapping Blackberry Creek as presented (estimated fees of $10,000.00); seconded by Alderman Ohare. Aldermen Ohare verified if the Kane County grant was approved and Administrator Graff stated it was. He explained that in order to get reimbursement of the funds; an agreement is needed which Attorney Wyeth is in the process of drafting. Motion approved by a roll call vote. Ayes -8 Nays -0 Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye Sidwell Contract for Blackberry Creek A motion was made by Alderman Besco to approve the Sidwell Contract for Blackberry Creek project with reimbursement from Kane County through the United States Geological Survey (USGS) Blackberry Creek Grant Project. (Kane County approved the grant); seconded by Alderman Ohare Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye Rob Roy Creek Interceptor — Contract #2 Resident Glen Levy's Request for a Buffer for PNA Property A motion was made by Alderman Besco to approve the Rob Roy Creek Interceptor change order for Contract #2 as approved by the Yorkville - Bristol Sanitary District on July 11, 2005; seconded by Alderman Ohare. Administrator Graff reported that the YBSD did approve the change order and there was an indication that the Polish National Alliance (PNA) will also participate in the reimbursement. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, The Minutes of the Regular Meeting of the Citv Council — July 12. 2005 — na 10 Plat of Easement — Betzwiser Development A motion was made by Alderman Besco to approve the Plat of Easement for the Betzwiser Development and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Mayor Prochaska noted that this is an easement in the Fox Industrial Park for utilities. Alderman Ohare asked if there was any cost involved and Mayor Prochaska stated there was not. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye Smith Engineering Consultants, Inc. Scope of Service Agreement for Citywide Transportation Analysis & Authorization for Expenditure of Contingency Funds A motion was made by Alderman Besco to approve the Smith Engineering Consultants, Inc. scope of service agreement for citywide transportation analysis and authorize for the expenditure of contingency funds; seconded by Alderman Munns. Administrator Graff noted that the cost of the agreement increased from $65,000.00 to $71,000.00 to include the public hearing and other meetings that the City asked them to conduct. Mayor Prochaska questioned if the motion should be withdrawn and restated to cover the increase. Attorney Wyeth stated that the agreement the City Council has in front of them tonight has the increased amount and the motion on the floor would cover the increase. Motion approved by a roll call vote. Ayes -8 Nays -0 Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005 -61 Blackberry Woods Authorizing Annexation Agreement and Planned Unit Development Agreement Ordinance 2005 -62 Blackberry Woods - Rezoning A motion was made by Alderman Munns to approve an Annexation Agreement and Rezone to a Planned Unit Development under R -2 and R-4 Single Family Residence District and approve the Planned Unit Development Agreement for Blackberry Woods Subdivision. Furthermore, to approve an Ordinance authorizing the execution of the Annexation and Planned Unit Development Agreements by the Mayor and City Clerk upon final legal and engineering review of the PUD Plan and exhibits; seconded by Alderman Spears. Mayor Prochaska stated that he requested that the Planned Unit Development Agreement state that the Homeowner Association (HOA) would be responsible for all maintenance in the yard areas of the R-4 lots. This was added to page 22 of the agreement. He asked that the authorization include the additional verbiage and the motion be amended to reflect this. So moved by Alderman Wolfer, seconded by Alderman Ohare. Alderman Munns asked Attorney Wyeth if this is binding and Attorney Wyeth stated that this was discussed at the COW meeting that maintenance should go on into perpetuity and should be documented on the plat and covenants as well as the agreement. Amending motion approved by a roll call vote. Ayes -8 Nays -0 Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye Motion approved by a roll call vote. Ayes -9 Nays -0 Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Prochaska -aye Ordinance 2005 -63 Blackberry Woods - Annexation A motion was made by Alderman Munns to approve the Ordinance annexing Blackberry Woods Subdivision as presented upon legal review, seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -8 Nays -0 Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye The Minutes of the Regular Meeting of the Citv Council — July 12, 2005 — pa 11 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Alderman Spears asked the City Council to consider a resolution regarding eminent domain because it is currently quite the topic. She distributed a draft of a resolution (see attached) for the City Council to review and she encouraged that the City Council support not participating in any action regarding eminent domain powers. It was discussed to place this on the Administration Committee agenda for further discussion. Administrator Graff stated that recently new legislation has been passed regarding this. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer; seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 9:30 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING July 12, 2005 PLEASE PRINT NAME: ADDRESS: 0 i SIGNIN i 4 ..E <s -G + P ��E.6. @ 6.i.9g�6LQ �S'4 i ^C�`�t- VS.v <C<c�C \ \LCeF L11i 101{ 1)1CIH Ini��' �I[101C iG �'�rEIHIYIQ �pl¢IHICIg E' ;41BIB IOIt "�I C C 4�6: 8 C & 1 f Q '� ^�6, ®JCL V \ �1 , ` a .O ( CF.�'� ��4 elcls� Gb -C e \ \bE / ^�a � ,��e�;,,_ <��.��Pr °���.����'e, .� �1i.1.�'�':, .��..t..•.�f,F;�.. A� 1 `/ ` °p r P ^ ° �c E : a � �,- — �- ���.��_ -- .•�, -��._ _� ` _. _ - r..rsasr � -- -°-- ��.�- r..�.� �..g.s- s -a_��. - . .... Il � 1�(� r � UNITED CITY OF YORKVILLE Y wdamatlm it i ` 'I�FC cCe i y WHEREAS, according to the Illinois Department on Aging, between four and Ij, �VE��� five percent of persons in the United States aged sixty and older are subject to E ° f some form of mistreatment or abuse. This includes physical, emotional, and C, sexual abuse, as well as financial exploitation, neglect, and abandonment; and I;,;;�;� ((l ;I, r � • Ell WHEREAS, Illinois has approximately two million citizens over the age of r sixty. This means that there could be as many as 98,000 Illinois seniors � currently suffering from some form of abuse; and dr m° � �f mil, ��II 4 - !<<��ti I; n WHEREAS Y it is im that we as a state and as a country , work to create b 4 a ,� H H��a� �; I, greater awareness of the prevalence and severity of elder abuse, in hopes of < =1 1 eradicating it from our society. Here in Illinois ' there are several groups and organizations such as the Illinois Department on Aging, the Illinois Elder Abuse Task Force, B *Safe, and the Guardianshi Reform Pro who work I P Project, F,�,la ,E i,l diligently each day toward that goal; and I�lt d,I IC I�P '. k E't WHEREAS, elder abuse is as problematic in society as abuse inflicted upon children and seniors. If we work together, it is also just as preventable. THEREFORE, I, Arthur F. Prochaska, Jr., Mayor of the United City of A� do hereby proclaim Jul 2005 as ELDER ABUSE AWARENESS Y orkvi lle Y p Y MONTH in the United City of Yorkville and encourage all citizens to °nc'CP t� recognize this problem and join in working toward its solution. Dated this 12th day of July 2005 � A.D. 11� gho6• a� i t Ij� �°7 ;1{tr.l,�etPfi' I ill iY '�`�P���� ' r i'•1 II�IE��'rc,�l`�F�� Arthur F. Proc aska Jr. Mayor - - ,r• �� ^�``` � • e !°�•� /, 1, ®'O,.c.e.� `e H.o'� / e, q \ b'o:e�l'Pj °6 \ °`, e:c �'aj f ° ' � + 1� 1 `b - o`,P V Q 1 ° , � ° �..e.c E`;FA y E1 \ @ � , n�B '/S l� \gyp �'n� �, r. �, � h �,i C' ll � `alm"a c' �y �. ✓alYlelS 6�_ � i ielnla,a� <T�s� m `�<s�' € ®I�mm���"�a ®n���:Q�� ulalmv)c ,, «<�7YY�SIn IHml6 � ® , L , OI¢Im¢I ®�. �' ® ® c`'�or a �. %t'� ".�� F- �yy�Le �'�f•c�10�S � d ®•m � � C•ff.6® @� �s'c'C. L'+' 6 5 ® ®•s �• ®Et G'1 ei� r.'S e`r :I i� � 'jp�l�_�C1H.L aeL� � Acp � r" - L 5.��.,� v e 6®��® Laav ®�gQ <96 6 .1- P.r ®•LC = �A L4< [Q, @ 'r�0 ®.gc y@fB a6��Q_LPL C, CS�C�; �� / ^r I ' e �, f _L.+'s` a a- � a 6 cF► @tom � _ _ cv_- ®' � ^sE C.�� ��(_ -�s� �� JCL �� A+Q' -� .� G� � �-�c � .t"T' �'�I i.- I. " `` „1-, C >C -�r '• � -' � _ ms �:> �T _titer �s� zr�'_'an. �-- _�T^�,.a_ .� s_c.�zaac�r_ <'saa�s. - �i DESK GUIDE Parliamentary Procedures (Page Citations are to Robert's Rules of Order, 10 Edition, Perseus Pub., Oct 2000) HANDLING A MOTION (Sec. 4, Pages 31— 54) Three steps to bringing a motion: 1. A member makes the motion 2. Another member seconds the motion 3. The chair states the question on the motion Three further steps in consideration of the motion: I 4. Members debate the motion 5. The chair puts the question to a vote 6. The chair announces the result of the vote DESCRIPTIONS AND CLASSIFICATIONS OF MOTIONS (Generally Sec. 6 pgs 59 — 76, Detail found in Sections 10 — 37, Pages 95 -- 324) 1. MAIN MOTION General Description in Section 6 (pg 59), Detailed Description in Section 10 (pgs 95 - 120). 2. SUBSIDIARY MOTIONS (7) General Description in Section 6 (pgs 60 -64), Detailed Description in Sections 11 - 17 (pgs 121 — 210). 3. PRIVILEGED MOTIONS. (5) General Description in Section 6 (pgs 64 -66), Detailed Description in Sections 18 — 22 (pgs 211 - 239). 4. INCIDENTAL MOTIONS (11) General Description in Section 6 (pgs 66 - 72), Detailed Description in Sections 23 - 33 (pgs 240 - 288). 5. MOTIONS THAT CAN BRING A QUESTION BEFORE THE BODY AGAIN (4) General Description in Section 6 (pgs 72 -76), Detailed Description in Sections 34 - 37 (pgs 289 - 324). Co. o United City of Yorkville Memo vo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 -4 -� Telephone: 630 -553 -4350 C;A, p� Fax: 630 -553 -7575 S Date: July 12, 2005 To: Mayor & City Council Men3bers From: TonX_Gt9f CC: Atty. Wyeth Subject: Blackberry Creek Grant with USGS & Kane County I received confirmation from Kane County of their approval and acceptance of the grant award for this joint project and the eligibility for reimbursement for the Sidwell contract (See attached copy of the e-mail correspondence). I am recommending approving the Sidwell Contract based on receiving this information as requested. I Page 1 of 3 Tony Graff From: Harbaugh, Tim [harbaughtim @co.kane.il.us] Sent: Thursday, July 07, 2005 12:32 PM To: tgraff @yorkville.il.us Cc: jwyeth @yorkville.il.us; Jeff Freeman; Kosky, Karen Subject: RE: Blackberry Creek Restudy The County Board authorized accepting the grant (which has been completed, I received the executed agreement this week from NRCS) and expending all the monies. Executing the agreements between USGS and Burke Engineering and expending the funds for the work in Kane County is authorized and being undertaken. The work to be completed in Kendall County cannot be approved for reimbursement by me from the NRCS until we have an executed IGA, approved by the NRCS. Once the IGA is executed, as long as NRCS accepts the invoice for reimbursement, we will process for payment. I trust this answers your question. - - - -- Original Message---- - From: Tony Graff [mailto:tgraff @yorkville.il.us] Sent: Wednesday, July 06, 2005 4:50 PM To: Harbaugh, Tim Cc: jwyeth @yorkville.il.us; 'Jeff Freeman'; Kosky, Karen Subject: RE: Blackberry Creek Restudy j Tim: The City Council is prepared to approve the Sidwell Contract and USGS Agreement at the City Council Meeting on 7/12/05. One condition is still pending which is the IGA agreement which the City Attorney is drafting. One question by the Council did the Kane County Board approve and authorize acceptance of the Grant Award based on the IGA approval with Yorkville? Can you let me know because this is a condition on approval of the Sidwell Expenditure? Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630 -553 -8529 - - - -- Original Message---- - From: Harbaugh, Tim [mailto :harbaughtim @co.kane.il.us] Sent: Friday, June 10, 2005 10:34 AM To: Jeff Freeman; Kosky, Karen Cc: tgraff @yorkville.il.us; jwyeth @yorkville.il.us; Anne Marie Gaura ; PeterWallers; TraciPleckham ; Steve Andersson ; Mike Pubentz ; Tim Straub ; Jeff Wilkins Subject: RE: Blackberry Creek Restudy Dear Jeff- We would be happy to discuss this with you. I would like to remind you and the Kendall County Group that to date I have not received an intergovernmental agreement (IGA) from Yorkville. 7/12/2005 Co. o United City of Yorkville Memo 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630 -553 -4350 Fax: 630 -553 -7575 <<E Date: July 12, 2005 To: Mayor & City Council From: Ton CC: Attorney John Wyeth Subject: Crack Filling Bid Award Engineering Wywrot verified the responsible low bidder is recognized as a qualified MFT contractor. This verification was confirmed by District 3 IDOT (see attached e -mail from J. Wywrot). The recommendation by Engineer Joe Wywrot is to award the bid to SKC as the responsible low bidder. - - - -- Original Message---- - From: Joe Wywrot (mailto:jwywrot @yorkville.il.us] Sent: Thursday, July 07, 2005 4:09 PM To: John Wyeth (E -mail) Cc: Tgraff (E -mail) Subject: MFT Crack Filling Contract John, I spoke with Jim Threadgill today, who is the head of IDOT District 3 Bureau of Local Roads. I recounted to him my conversations with you and Mike Copp earlier today, and he agreed that the IDOT letter extending the expiration date of the contractor's Certificate of Eligibility means that SKC can bid on MFT work. Jim also mentioned that there was new legislation regarding apprenticeship and training programs, and that MFT contractors must have training programs in place to be considered a responsible bidder. IDOT memorandum 2005 -03 adopted these requirements, but it does not take effect until July 15, 2005. He said that regardless of how you look at it (IDOT approval of plans or Yorkville award of a contract) we're OK because both the plan approval and the award of the contract will have occurred prior to July 15, 2005. 1 will put a copy of the IDOT memorandum regarding apprenticeship and training programs in your in -box. Joe CO. o United City of Yorkville Memo Public Works Department EST 1 1836 800 Game Farm Road Yorkville, Illinois 60560 e 0� ° �O Telephone: 630 -553 -4370 �Ce Fax: 630 -553 -4377 Date: July 12, 2005 To: Art Prochaska, Mayor From: Eric Dhuse, Director of Public Works G I CC: City Council Subject: Water Update I I Art, Since the sprinkling ban has been put into effect, we have averaged approximately a 1. 13 million gallon reduction in use per day. This has assisted in raising our aquifer level 10 feet since June f 28 This is still 30' down from our normal readings, which means that we should continue to conserve as much water as possible and continue the sprinkling ban. We will continue monitoring the water usage and levels, and update you regularly. If you have any questions or comments, please let me know. Dialy Pumpage Worksheet Well 3,4,7 26-Jun 27-Jun 28-Jun 23 -Jun 24-Jun 8,000 511,000 517,000 21-Jun 22 -Jun 602,000 678,000 619,000 Date 696,000 572,000 1,295,000 1,312,000 938,000 Well #3 527,000 1,3,000 1,295,000 1,374,000 1,504,000 1,147,000 579700 935,000 580,200 59 Well #4 1,018,000 654,000 620,300 464,000 2,035,200 Well #7 709,300 2,563,313 Total Pumpage 2,595,300 300 2,455,000 2,964,000 2,760,000 2,445,300 2,493,700 2,758,000 4 -Jul 5-Jul 6-Jul 1-Jul 2 -Jul 3-Jul 304,000 362,000 Date 29-Jun 30, Jun 000 318,000 436,000 454,000 304,000 547,000 808,000 350,000 349, 793,000 547,000 Well #3 691,000 685,000 703,000 162,900 164,600 359,200 Well #4 903,000 317,100 339,500 167,100 Well #7 273,000 317,000 1,331,800 Total Pumpage 1 526 000 1,357,000 1,320,100 11478,500 1,414,100 1,013,900 1,015,600 1,529,200 Rain .3" Rain .4 " 9-lul 10-Jul 11 -Jul 12-Jul 13-Jul 14-Jul Date 7-Jul 8-Jul 422,000 423,000 344,000 366,000 406,000 804,000 968,000 814, Well #3 744,000 000 Well #4 834,000 157, 321,000 484,000 000 Well #7 333,000 184,600 0 1,520,920 1 4,000 0 0 Total Pumpage 1,511,000 1,294,600 1,695,000 1,720,000 ,38 13 3, average pumpage before sprinkler ban 1 2,563 563,3 0 average pumpage after enactment average gallon per day water conservation 1,136,953 Co. o United City of Yorkville Memo Public Works Department E sr. , 1636 800 Game Farm Road -4 1 o ` Yorkville, Illinois 60560 09 " 2 0 Telephone: 630 -553 -4370 C . Fax: 630 -553 -4377 Date: July 12, 2005 To: Art Prochaska, Mayor From: Eric Dhuse, Director of Public Works -� CC: City Council Tony Graff, Administrator Subject: Woodworth St. Lift station Art, This morning one of our pumps in the Woodworth lift station failed. Our only feasible option to keep service to our residents was to use the lift station under construction on Bruell St. as a temporary lift station. We have been working with all of the contractors and engineers to coordinate this effort. We will be temporarily hooking up a pump and float system, making the final gravity connection to the existing Woodworth lift station, and complete some piping on the interior. We will also have to rent a generator for temporary power until Com Ed can run our permanent service. We hope to have this work completed by Wednesday July 13 with no interruption of services to our customers. I will keep you updated on any new developments as they occur. If you have any other questions or comments, please let me know. r DRAFT Resolution WHEREAS, the City Council of the United City of Yorkville finds that it is of paramount importance to protect private property from Local, State, and Federal government eminent domain powers to take private property for private use; and WHEREAS, the United States Supreme Court in Kelo v. City of New London held by a 5 -4 decision that government may seize the home, small business, or other private property of one owner and transfer that same property to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development; and i WHEREAS, This Resolution in response to the above stated controversial ruling by the United States Supreme Court; and WHEREAS, this Resolution is adopted to support prohibiting transfers of private property without the owner's consent, if the transfer is for purposes of economic development rather than public use; and WHEREAS, the City Council is of the opinion that eminent domain powers should be limited to such public projects as water /sewer lines, public parks, public buildings, utility development and other similar projects that benefit the public as a whole and that the power of eminent domain should not be used simply to further private economic development; and WHEREAS, it is appropriate for the City Council to take action, consistent under the United States and the State of Illinois Constitution, to support restoring vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of power of eminent domain; and WHEREAS, the protection of homes, small businesses, and other private property rights against government seizure and other unreasonable government interference is a fundamental principle and core commitment of our nation's founders and the essence of what they fought for in the defense of their homes and private property; and WHEREAS, Thomas Jefferson famously wrote on April 6, 1816, the protection of such rights is "the first principle of association, `the guarantee to every one of a free exercise of his industry, and the fruits acquired by it; "' and WHEREAS, it would likewise be appropriate for cities of the State of Illinois to take action to voluntarily limit their own power of eminent domain as it is noted by the Supreme Court "nothing in our opinion precludes any State from further restrictions on its exercise of the takings power." Now therefore, we petition the State of Illinois Legislature and its Governor and our Congress to put restrictions in place to restore the vital protections of the Fifth Amendment; and DRAFT WHEREAS, the City Council supports legislation currently being promulgated in the United States Congress and in the State of Illinois Legislature, that would clarify government's exercise of its power of eminent domain to be limited only for public use, rather than for economic development, and this standard of protection would apply to all exercises of eminent domain power by the local, and state governments; and WHEREAS, it is appropriate for the City Council of the United City of Yorkville to support Congress, and the State of Illinois Legislature, to take appropriate action, consistent with the Constitution of the United States and the Illinois Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE: THAT the City Council of the United City of Yorkville does hereby support and advocate the passage of federal and state legislation to limit government's use of eminent domain for solely public purposes and protect the property of private citizens from unreasonable seizure by federal, state and local governments. Passed by the City Council this day of , 2005.