The URL can be used to link to this page

City Council Minutes 2011 11-22-11 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,NOVEMBER 22,2011 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Absent Funkhouser Present Ward IV Spears Present Teeling Absent Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Police Chief Hart, and Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson, EEI Engineer Sanderson, and Community Development Director Barksdale-Noble QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Swearing in of Part-Time Patrol Officer Don Gardiner Mayor Golinski swore in Part-Time Patrol Officer Don Gardiner. PUBLIC HEARINGS PC 2011-11 Grande Reserve Amended Annexation Agreement and Planned United Development Agreement Mayor Golinski entertained a motion to open Public Hearing. So moved by Alderman Spears; seconded by Alderman Gilson.No one was present to comment. Mayor Golinski entertained a motion to close Public Hearing and bring it back in two weeks for the next City Council meeting. So moved by Alderman Spears; seconded by Alderman Colosimo. CITIZEN COMMENTS Jesus Alaniz, Colonial Parkway, addressed the City Council. (See attached.) Anthony Moauro,Timbercreek Drive, discussed the Rec Center. This vote involves 1400 members. The Rec center is a daily town hall where all people from all professions and walks of life meet and discuss many issues.To make the rec center revenue neutral the center needs 100 new members. Look at the intrinsic value and the goodwill of the rec center that it has for all of the citizens that attend. CONSENT AGENDA I. Bills for Approval - $730,744.81 (CC 2011-125) 2. 2011 Miscellaneous Bituminous Patching—MFT Payment to Aurora Blacktop—approve payment in the amount of$47,092.90 to Aurora Blacktop, Inc. (PW 2011-64) 3. Autumn Creek Bond Reductions—approve reduction to Safeco Insurance Company of America Bond#6346371 in the amount of$191,182.48, Fidelity&Deposit Company Bond #08824717 in the amount of$1,300,113.90, Safeco Insurance Company ofAmerica Bond #6414740 in the amount of$94,469.61, and Bond Safeguard Insurance Company Bond#5030622 in the amount of$350,298.90 subject to verification that the developer has no outstanding debt owed to the City for this project(PW 2011-66) 4. Kendall Marketplace Improvements—Payment to Wilkinson Excavating—approve payment in the amount of$61,057.18 to Wilkinson Excavating, Inc. (PW 2011-67) 5. Monthly Treasurer's Report for October 2011 (ADM 2011-63) 6. Resolution 2011-27 Authorizing the Closing of a Flexible Spending Account with Castle Bank— authorize Mayor and City Clerk to execute(ADM 2011-65) 7. Audit RFP—authorize staff to issue request for proposals for auditing services for the fiscal years ending April 30, 2012 through April 30, 2014 (ADM 2011-66) The Minutes of the Regular Meeting of the City Council—November 22,2011 —Page 2 of 8 8. Levy Year 2011 Special Tax Requirements& Special Tax Abatements for SSAs(ADM 2011-67) a. Ordinance 2011-66 Abating Special Service Area Taxes for Special Service Area Number 2003-100 (Raintree Village Project) and Approving the Amended Special Tax Roll—authorize Mayor and City Clerk to execute b. Ordinance 2011-67 Abating Special Service Area Taxes for Special Service Area Number 2003-101 (Windett Ridge Project)and Approving the Amended Special Tax Roll—authorize Mayor and City Clerk to execute c. Ordinance 2011-68 Abating Special Service Area Taxes for Special Service Area Number 2004-104 (Central Grande Reserve)and Approving the Amended Special Tax Roll—authorize Mayor and City Clerk to execute d. Ordinance 2011-69 Abating Special service Area Taxes for Special Service Area Number 2004-107 (Raintree Village 11 Project)—authorize Mayor and City Clerk to execute e. Ordinance 2011-70 Abating Special Service Area Taxes for Special Service Area Number 2005-109 (Bristol Bay I Project)and Approving the Amended Special Tax Roll —authorize Mayor and City Clerk to execute f. Ordinance 2011-71 Abating Special Service Area Taxes for Special Service Area Number 2004-106 (Total Grande Reserve)—authorize Mayor and City Clerk to execute 9. Contingency Authorization for City IT Equipment—authorize staff to use contingency funds for the City server project and related IT expenditures (ADM 2011-68) 10. Ordinance 2011-72 Amending Ordinance 2003-31 Entitled"An Ordinance Amending Ordinance No. 1990-24 An Ordinance Setting Forth the Standards and Regulations for Payment For Development and Extension of Utility Costs Upon Annexation and/or Planned Unit Development "Clarifying the Use of Fees Payable to the City Library Fund—authorize Mayor and City Clerk to execute(ADM 2011-36) Mayor Golinski entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Kot; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Colosimo-aye, Milschewski-aye, Spears-aye, Funkhouser-aye, Gilson-aye,Kot-aye MINUTES FOR APPROVAL CC 2011-126 City Council Minutes—November 8,2011 Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for November 08, 2011. So moved by Alderman Spears; seconded by Alderman Kot. Alderman Gilson page 3, 3`d paragraph should state when the City only has $100,000 under capital improvements. Alderman Colosimo stated page 4 last paragraph who is he?Alderman Funkhouser stated on page 3, 3rd paragraph should be within paragraph 4 between Alderman Spears and Alderman Teeling's comments. Also, in paragraph 3, second to last sentence it should state facts and engineering. On page 5, under Regarding City Council Procedures, 6d' line should not have a question mark. Mayor Golinski, last page, spelling of Greg Jarrett was incorrect. A motion was made by Mayor Golinski to approve the minutes as amended. Amendments approved unanimously by a viva voce vote. REPORTS MAYOR'S REPORT Proclamation for National Drunk and Drugged Driving(3-D)Prevention Month (CC 2011-127) Mayor Golinski read this Proclamation. (See attached) Appointment to Zoning Board of Appeals—Anthony Pekich (CC 2011-128) Mayor Golinski entertained a motion to approve the Mayor's appointment of Anthony Pekich to the Zoning Board of Appeals. So moved by Alderman Spears; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-6 Nays-0 Gilson-aye, Funkhouser-aye, Kot-aye, Colosimo-aye, Spears-aye,Milschewski-aye City Insurance Renewal (CC 2011-129) Mayor Golinski entertained a motion to authorize entering into a one-year insurance agreement with Glatfelter in an amount not to exceed$289,476.00. So moved by Alderman Spears; seconded by Alderman Milschewski. The Minutes of the Regular Meeting of the City Council—November 22,2011 —Page 3 of 8 City Administrator Olson stated the coverage's are a little different from policy that the City is proposing to use verses what the City currently has. In general the City is looking at a significant reduction. There was discussion between Alderman Gilson and Mike Alesia, from Mesirow financial.Travelers was not going to provide coverage for the City's incidental general liability exposure for the Glenn Palmer Dam. They were only providing a million dollar limit.The City needs $10 million. The City found five other carriers to provide quotations that were going fully cover the Glenn Palmer Dam. Travelers found out and decided to provide the full limit, but were going to come back and risk control it in April. AAIC is the same as Glatfelter. Glatfelter is a program manager. They run municipal insurance programs. AAIC is a very large and significant insurance company that actually is rated higher than Travelers. Glatfelter runs the program that procures the insurance for AAIC. The 10.8% increase in blanket real and personal property insurance coverage was a direct result of increased values. Although real estate values are going down,Mr.Alesia insures the cost to reproduce your building. He replaces the building at the current cost. The real estate market is depressed but the cost he replaces it is not depressed. Your house is x, and although it is not worth more it is still going to cost you that original x if not more to rebuild it. Depressed real estate is unfortunately why people are underwater. Mr. Alesia wanted to point out that currently for workers compensation the City is with the Illinois Public Risk Fund and for the first time this year Yorkville is being awarded a $6200 safety grant. City Administrator Olson asked if the motion should be amended to include the Illinois Public Risk fund for workers compensation character. The original motion just referenced Glatfelter, which are two different companies. City Attorney Orr stated yes, she would recommend that it says the insurance premium would reflect Glatfelter and the Illinois Public Risk Fund for workers compensation. City Attorney Orr asked for a withdrawal of the prior motions. Alderman Spears withdrew her motion, and the second was withdrawn from Alderman Milschewski. City Attorney Orr stated motion to approve Glatfelter as well as the Illinois Public Workers Compensation Insurance. So moved by Alderman Spears; seconded by Alderman Milschewski. Alderman Funkhouser stated section 5.4 is the flood water damage coverage. The down town area properties the City has is an evaluation of 1.18 million dollars with everything. It is outside the City's flood zone type A but it is within the 500 year flood. Our coverage is a million dollars with a $100,000 deductable. Does the City think that is sufficient coverage for what the City has downtown?Mr. Alesia stated he thinks the City has a 5 million with a $25,000 deductable that is outside of flood zone A. Alderman Funkhouser stated the stipulation on the terms are flood coverage on property located within 1000 feet of flood zone A is that the City will deduct it both for coverage located within 1000 feet of flood zone A. Mr. Alesia stated that is incorrect and another typo. Alderman Colosimo stated when individuals point out about hidden costs and issues when the Council does not do its due diligence, our bottom line is focused on. The old jail needs to be unloaded.It added another$362,000 in assets to come down and focus on the City's bottom line. The City has almost a 10% increase in premiums, which is due to approximately a 3%increase in building costs over the last year. That is understandable,but of the total building cost that the City has in our municipality of$14.883 million, 2 1/2 percent of that is the old jail. He wanted to point out how these cost do come back and cost the taxpayers money. Motion approved by a roll call vote. Ayes-6 Nays-0 Funkhouser-aye,Kot-aye, Colosimo-aye, Spears-aye, Milschewski-aye, Gilson-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2011-73 for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2012 and Ending April 30,2013 for the United City of Yorkville (ADM 2011-56) A motion was made by Alderman Spears to approve an ordinance for the Levy an assessment of taxes for the fiscal year beginning May 1, 2012 and ending April 30, 2013 and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser. Alderman Spears explained the fundamentals of the Levy and assessment of taxes and its relationship to the consumer price index. Based on a house of$200,000, if the County took the natural increase in the The Minutes of the Regular Meeting of the City Council—November 22,2011 —Page 4 of 8 Levy, that homeowner would pay$48.06 more to the County and property taxes for 2012.There are 10 taxing bodies. If everybody increases $48, she thinks Yorkville is going to have citizens leaving Kendall County. She is going to vote against this.Alderman Gilson agreed with Alderman Spears. Taking the maximum levy,the Council sends the message to other taxing bodies that it is acceptable to take maximum tax caps. He believes this framework leads to higher taxes and therefore will voting against this ordinance. Alderman Colosimo asked what the Council needs to do to use a lower tax cap value. City Administrator Olson stated taking a lower dollar amount the Council would have to amend the ordinance to reduce the tax levy and would not need to re-notice. Mayor Golinski asked if the general fund is lowered, yet the library expects a set amount, would the City be obligated to that original amount or an equal percentage of the new amount. City Administrator Olson stated there are a couple different factors. One is the ordinance itself contains the amount above what the City actually thinks it is going to get. Fredrickson and Olson's estimates of the actual tax Levy dollar amounts are about$86,000 or so more that what the City received last year. At this point what the City actually thinks it is going to get is being divvied up between the library, and the remaining increment is going to go into the police pension fund. If the Council were to reduce the amount, and not ask for any more dollars than the City did last year,the Council would be shorting the library and police pension fund obligation. Alderman Colosimo inquired about the deadline for the automatic funding for the police pension fund, which is 2016. Alderman Colosimo made a public comment stating why he will be reluctantly voting in favor of this.The reason our number has gone up partly is because the City has new construction and properties that come onto the tax roll. By voting for this new number the residents taxes for Yorkville's portion is actually going to go down next year. If the Council doesn't start paying down the police pension, in 2016 it kicks in for a three-year increment of a third in 2016,two thirds in 2017, and 100%in 2018 of taking out of our motor fuel tax. The City is required to get that pension solvent. Alderman Gilson stated during his time on this Council, there has been talk about the police pension fund. The Council has heard for years that everything is fine and pensions are sufficiently funded, compared to other surrounding cities. This year the City wants to take everything all at once and catch it up. He thinks that is the wrong way to go about it. Alderman Colosimo stated this won't catch it up. The City has future obligations to catch this fund up, so if the City doesn't start now, when will it. Alderman Funkhouser stated that also ties into our discussion about our road study. If the City jeopardizes its MFT,then it is jeopardizing other obligations that the City is committing to. If the City can't fund the police pension,then it is not going to be able to fund any of our roads because they are going to start taking those funds from us. This will jeopardize our money for future projects.Alderman Gilson stated if residents can't pay their bills and the City keeps taxing them,then people are going to leave. Alderman Spears also stated that for years the Council has been told that the police pension fund is underfunded but the City has been assured that was alright. She supports our police department but thinks when the City works on the next budget; it can allocate the appropriate amount of money and put it towards the police pension fund. At this time she cannot support asking for the highest levy possible. City Treasurer Powell and Finance Director Frederickson believe it is sales tax, not motor fuel tax that the extra money comes from if the City doesn't fund it by 2016. Alderman Colosimo stated that is even worse. City Treasurer Powell stated he has expressed the status of the police pension starting from when they went from IMRF to a police pension, which underfunded it. The City has been playing catch-up ever since. In the discussion where he listed numerous times that the City was doing okay, the City's percentage of funding had increased over that period of time. In recent years it has some but not enough. The law was just passed that now says in 2016 the City must fund the police pension at 100%or they take a third of the City's sales tax in 2016,two thirds in 2017, and 100%of the difference in 2018. He never stated the City is perfectly fine. The City has till 2016 to make this happen. Alderman Gilson stated when the Council discussed the pensions last year; they were told that things were okay. Alderman Funkhouser asked when was the legislation passed required it to be done by 2016. City Treasurer Powell does not remember but believes it was within the last six months to a year. Alderman Funkhouser said this discussion about the mandated deadline has not come up in the past. He doesn't like the fact that the City has a$25,000 increase by the library board. He asked if the City has any control over that. City Attorney Orr stated not to her understanding. The library has a certain percentage and they are not levered by a dollar amount but by a percentage. City Administrator Olson stated the technical requirements of the property tax cap gives the Council authority to apply a limiting rate to each individual levy within the City's umbrella. The library could be subject to that tax cap. That would require separate agenda item in a separate ordinance or resolution by the Council. City Attorney Orr stated does not think so. Alderman Gilson stated the Council needs to start voting for necessities versus non-necessities and start targeting surpluses towards things like this. Alderman Spears stated the City is talking about$77,000 going into the police pension. How much is the police pension underfunded?Finance Director Frederickson stated 25,000 are going to the library so 52,070 are going to the police pension. The levy amount based on the expert evaluation is about $542,000. That is the levy they recommend in order to get things back the way they need to be. City The Minutes of the Regular Meeting of the City Council—November 22,2011 —Page 5 of 8 Administrator Olson stated the City has the highest dollar amount,which would finalize the City's goal in 2016. Then the City has a 542, which is what the police pension board recommends. The goal is higher than that and the City is currently projections to get $413,000. Even with the 413 which is $2000 over what we got last year, we are still lagging behind what the police pension board recommends, which is lagging behind the statutory requirement in 2016. Alderman Spears brought up the road study_for $100,000. The City has other things this Council has passed that are great tools but at this time she would rather spend that money and put it in the police pension fund. This is something the City should have been looking at for years. She wants to go on the record as stating this. Mayor Golinski asked Finance Director Fredrickson the overall tax rate was .92 and the estimated tax rate for next year's is .68, which is a decrease of 30% from last year. If the City went with a different levy amount, lowered the levy amount, to last year's levy amount, what effect would that have on the overall tax rate. Finance Director Frederickson stated that he is not sure it would have an effect. The reason the tax rate was higher last year was that the City included more debt service. Motion approved by a roll call vote. Ayes-4 Nays-3 Funkhouser-aye, Kot-aye, Colosimo-nay, Spears-nay, Milschewski-aye, Gilson-nay, Golinski-aye City Administrator Olson asked City Attorney Orr if that ordinance needs a majority of the sitting City Council members or the currently present City Council members. City Attorney Orr will verify this because this is a unique situation. She believes the vote is fine the way it stands. For the record, the City Council will consider it passed,and she will verify that there isn't a special rule when it comes to the tax Levy. Ordinance 2011-74 Providing for the Submission to the Electors of the United City of Yorkville Kendall County,the Public Question Whether the City Should Have the Authority under the Illinois Power Agency Act and Public Act 96-176 to Arrange for the Supply of Electricity for its Residential and Small Commercial Retail Customers Who Have Not Opted Out of Such Program (ADM 2011-49) A motion was made by Alderman Spears Providing for the Submission to the Electors of the United City of Yorkville,Kendall County, the public question whether the City should have the authority under the Illinois Power Agency Act and Public Act 96-176 to Arrange for the Supply of Electricity for its residential and small commercial retail customers who have not opted out of such program and authorize the Mayor and city clerk to execute; seconded by Alderman Funkhouser. Alderman Colosimo's overall problem with the referendum is the uncertainty of cost and he found companies that offer residents programs to reduce energy costs. He doesn't think the Council should force a company upon the residents and then have the residents have to opt out of that decision. He is going to vote no on this issue. Alderman Gilson stated the Council is looking at this to ultimately lower the City and resident's rates. He believes this is a good idea.The residents have the option of opting out. City Attorney Orr stated the intent of this referendum is to allow the municipality to do the negotiations to give the residents another choice. Alderman Colosimo said isn't the rate only locked in with Com Ed until June 2013. Once this all goes through the City would have only a little over a year until it has to be done all over again. City Attorney Orr stated the City doesn't know if this is going to be beneficial Even if in the end,Com Ed's rate changes and the rate increase expires,then the City has still not lost anything. If this referendum passes and the City can't negotiate a better rate then the City can opt out. It could be a waste of time but fortunately it is not an additional cost for the City. City Administrator Olson stated the City does not have to go through a referendum again,but would have to go through the bid package and selection. City Attorney Orr stated in some areas the Council of governments are coming together or have agreed to consider coming together, if these referendums pass. If the City can negotiate as a region as opposed to on its own then the City might get a better rate for our residents. Motion approved by a roll call vote. Ayes-4 Nays-2 Kot-aye, Colosimo-nay, Spears-aye, Mischewski-aye, Gilson-aye, Funkhouser-nay PARK BOARD No report. PLAN COMMISSION Ordinance 2011-75 Worsley Street and Gawne Lane(Herne and Friel Property) Approving the Rezoning to the R-2 One Family Residence District for the Property Located on Worsley Street and Gawne Lane(Henne and Friel Property) The Minutes of the Regular Meeting of the City Council—November 22,2011 —Page 6 of 8 (PC 2011-06) Mayor Golinski entertained a motion to approve an ordinance approving the rezoning to the R-2 one family residence district for the Property Located on Worsley Street and Gawne Lane(Henne and Friel Property) and authorize the Mayor and city clerk to execute. So moved by Alderman Spears; seconded by Alderman Colosimo. Alderman Gilson, Alderman Kot, and Alderman Spears had discussions with Dan Kramer in regards to this issue.Water and sewer,the timeline of when this was going to be up and running, the old well, and runoff issues were discussed. Motion approved by a roll call vote. Ayes-6 Nays-0 Colosimo-aye, Spears-aye, Milschewski-aye Gilson-aye, Funkhouser-aye, Kot-aye Ordinance 2011-76 Approving the Preliminary and Final Plat of Resubdivision for the Property Located on Worsley Street and Gawne Lane(Henne and Friel Property) (PC 2011-07) Mayor Golinski entertained a motion to approve an ordinance approving the preliminary and final Plat of Resubdivision for the Property Located on Worsley Street and Gawne Lane(Henne and Friel Property) and authorize the Mayor and city clerk to execute. So moved by Alderman Kot; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-6 Nays-0 Milschewski-aye, Gilson-aye, Funkhouser-aye, Kot-aye, Colosimo-aye, Spears-aye Autumn Creek Subdivision(Pulte Home Corp.) (PC 2011-08) Ordinance 2011-77 Approving the Second Amendment to the Planned United Development Agreement for Unit 1 of the Autumn Creek Subdivision Mayor Golinski entertained a motion to approve an ordinance approving the Second Amendment to the planned unit development agreement for unit one of the Autumn Creek subdivision and authorize the Mayor and city clerk to execute. So moved by Alderman Spears; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye, Milschewski-aye, Gilson-aye, Funkhouser-aye,Kot-aye, Colosimo-aye Ordinance 2011-78 Approving the Autumn Creek P.U.D.Unit 1 A Final Plat of Resubdivision Mayor Golinski entertained a motion to approve an ordinance approving the Autumn Creek P.U.D. Unit I Final Plat of Resubdivision and authorize the Mayor and city clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Kot Alderman Spears addressed the citizen's comments from that public hearing. Out-of-control weeds, public safety issue of no sidewalks and metal sticking out of some empty lots, questioning timeline of the sidewalk, walking trails flooding, and sod to be placed where the areas connect were discussed. Peter Tremulis, Pulte Homes, addressed the Council. He did take a look at the sidewalk and talked to the residents that had concerns. Sidewalk were offered to be put in immediately after the meeting,but they were not able, for November 1 was the cutoff date to put in a public walk. Sidewalk will be put in first thing in the spring. He looked at the piece of rebar that is extending from the sidewalk, and informed the homeowner that they would cut that off as quickly as possible. The homeowner's association president was at the meeting and he had offered to take over the responsibility of maintenance for a couple of the small lots that are a common area. Alderman Spears asked regarding sidewalks, would he be able, at this time,to put gravel down. Mr. Tremulis stated that the thought is not to encourage people to use that area until it is a public walk. Motion approved by a roll call vote. Ayes-6 Nays-0 Milschewski-aye, Gilson-aye, Funkhouser-aye, Kot-aye, Colosimo-aye, Spears-aye Resolution 2011-28 Approving the Autumn Creek Unit 1 Plat of Vacation Mayor Golinski entertained a motion to approve a resolution approving the Autumn Creek unit one plat of vacation and authorize the Mayor and city clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. The Minutes of the Regular Meeting of the City Council—November 22,2011 —Page 7 of 8 Motion approved by a roll call vote. Ayes-6 Nays-0 Gilson-aye, Funkhouser-aye, Kot-aye, Colosimo-aye, Spears-aye, Milschewski-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT Torch Run Trivia Night Alderman Spears shared results of the torch run trivia night presented by the Oswego Police Department, Oswego Knights of Columbus, and the Special Olympics Illinois event that took place Saturday 12/19/11. Our team took first place. The team returned the$250.00 that they were awarded to the Special Olympics of Illinois. This event raised$3752.25. The team was put together by Alderman Spears. Yorkville Bristol Sanitary District Meeting Alderman Gilson attended the YBSD meeting on November 14, 2011. There was a GIS presentation by Greg Weber on the half of Deuchler and Associates, to obtain a GIS system and discuss potential cooperation between YBSD and Yorkville to complete a shared GIS system. There was discussion on the permitting process between YBSD and the City. They have a commercial green card system in place for permitting. The YBSD hopes the system works well going forward. There was a motion approving goods and services utilities for payment, a motion approving that for different dates, a motion approving the district becoming a general member to the YEDC, and a motion approving an inter-fund transfer. They approved a$75,000 transfer from checking to a money market account for the bills that was approved. There was also discussion on a five year step pay increase for employees. Dan Rutherford Alderman Gilson had the pleasure of listening to our state treasurer, Dan Rutherford speak. His discussion was on reduction of state spending. There were several other speakers,also. There was a website called deadbeat Illinois.com which shows a list of all who is owed money by the state. Troop 350 Alderman Milschewski was invited by troop 350 to come speak to them. They are working on a scout badge for government. It was quite interesting. The best part was that she let them ask her questions and they wanted to know what kind of video games Mayor Golinski likes to play. STAFF REPORT No report. ADDITIONAL BUSINESS Thanksgiving Alderman Spears wanted to wish the staff,council members, and all Yorkville residents a very happy Thanksgiving. Leaf Pickup in Yorkville Alderman Gilson had numerous complaints about leaf pickup being too early. He asked for a second pickup to make sure residents are satisfied. City Administrator Olson stated he is not sure Yorkville has the resources to be able to do another pass on the entire town. The City has been telling everybody that has contacted the City that there will only be one pickup. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by Alderman Gilson. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:30 p.m. The Minutes of the Regular Meeting of the City Council—November 22,2011 —Page 8 of 8 Minutes submitted by: /�z g 4 I,,t,�� Beth Warren, City Clerk, City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING , PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: hv�j6n /v myw VA SIGNIN REGULAR CITY COUNCIL MEETING Public Comment PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: SIGNIN CITIZEN Comm6 rs RECEIvEZ- FIZOAA. Me. 3£Sus ALAN1Z Address to Yorkville City Council Our Current State of Government November 22, 2011 Good evening Your Honor, Members of the Honorable Council, Citizens and Members of the Press. This evening I would like to clarify some statements that I have made that have either been taken out of content either innocently or in an attempt to embarrass this council in part or in whole. Your Honor, I wish to begin with the first action this Council took this evening, the reciting of the Pledge off Allegiance. Within that pledge we reaffirm the words "and to the Republic for which it stands". The words are in reference to Article IV - Section 4 of the United States Constitution which reads "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence." In these two statements, the people of the United States are guaranteed, a Republican form of government. The question then becomes, "What is a Republican form of government?" "We may define a republic to be ... a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure for a limited period, or during good behavior. It is essential to such a government that it be derived from the great body of the society, not from an inconsiderable proportion or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of their powers, might aspire to the rank of republicans and claim for their government the honorable title of republic." - James Madison, Federalist No. 10, (1787) but what are the Federalist Papers? In the days of old one state was holding out on this great experiment of new form of government called a Republic. Three men chose to convince the good people of New York that a Republic form of Government under the Constitution of the United States was the way to go. This new Constitution would be the new Law of the Land and the people themselves would be the law. The three men, Your Honor would be Alexander Hamilton, the First Secretary Treasury, John Jay, the first Chief Justice of the United States Supreme Court and James Madison, the Fourth President of the United States. These three powerful men could have exercised their political power together with made up laws, corrupt case law, twisted common law etc in inferior courts to force New York into this new Federation of States but they did not. Instead they chose to write a series of 85 Essay's complied later into a document or book to sell their idea to the American people known as the Federalist or the Federalist Papers. Are the ideas old or antiquated? I challenge and submit the following. You will recall earlier this summer that State's Attorney Lisa Madigan attempted to call out every gun owner in the state of Illinois, by attempting to make their names public and stating that no gun owner has privacy rights. This was a direct violation of the II, IV and V Amendments, others in interpretation pending. The good Sheriffs through out the State of Illinois refused to comply and worked with the Illinois State Police and State Legislature to stop this. The Sheriffs offices for all practical purposes, acted as their own authorities within their respectable counties. Legal? The Federalist No 26 - In Part: "Schemes to subvert the liberties of a great community require time to mature them for execution . . . If such presumptions can fairly be made, there ought at once to be an end of all delegated authority. The people should resolve to recall all the powers they have heretofore parted with out of their own hands, and to divide themselves into as many States as there are counties, in order that they may be able to manage their own concerns in person. The definition of a Republican form of government is then very clear. It is a government that governs with the consent of the governed and the people reserve the right to repeal any form of Government as outlined in the Declaration of Independence and a form of Government in which the people take back powers that they have given to the government. Thus, a Republican form of Government must never be confused with the Republican Party. How then can an ordinary citizen determine whether a person is a Republican or a Republican politician? By their votes. A true Republican will vote by the Rule of Law known as the will of the American People, the Democrat will vote by the majority in his party and yes, people calling themselves Republican's can and do practice Democracy especially in the State of Illinois. The Republican will demand equality and that everyone be treated equally based on the scales of justice. The Democrat will demand the socialist doctrine of "fairness" which is subjective and as we have seen through out history, can never be permanently sustained. The Republican will draw from the Treasury by the Consent of the People for those projects that concern the welfare of the general public; the Democrat targets his expenditures which benefit the government. The Republican believes in the words of Thaddeus McCotter, "You cannot inspire a person by making him dependent on others" while the Democrat pours out an endless supply of empathy to the down and trodden keeping them enslaved within them selves. A few weeks ago, I visited the Battlefields of Gettysburg. I stood at that place where Illinois' very own Abraham Lincoln stood and gave his famous address address. The hallowed ground which was already consecrated by the blood of the fallen. The Gettysburg address is tied in with the Declaration of Independence, the Constitution and the Bill of Rights. As I stood before that monument I read the last part of his words "that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth." I then recalled that day last week when I heard a letter read from a soldier in Iraq to his mother who will soon be coming home. Technology has helped our soldiers stay in touch with their families and has helped them keep up with current events. The soldier then asked his mother a question that has taken me back to that day in Gettysburg and in my mind I see the graves of the known and the unknown as the mother read "Is there a government worth coming home to?" Lincoln and Kennedy are rumored to have had many coincidences. Today, we remember that fateful day 49 years ago when the life of President John F Kennedy was taken. A few weeks ago this council began the discussion of annexing people's property for the sole purpose of raising revenue and I recall the speech that President Kennedy had given just a few months before his assassination. And there are even a few who say that it is true that Communism is an evil system, but it permits us to make economic progress. Lass' sie nach Berlin kommen. Let them come to Berlin. Is there a government worth coming home to? I believe that the time has come for all city councils plus county, state and federal governments through out our nation to look these soldiers in the eye and answer that very question. I thank you Your Honor and yield the floor to You and the Honorable Council. ggr •.•.u� row t ��rr�t ��►�t�rrrr �r-rr� ��.rr ♦ �rr� ��—�rrr�—��:rte—,•r.r.r�—�o.•�.\ .. Ali:' ��.�r/ ��1�►�l/it .��`�b��'/ ��►!r/ ••:��1pdj/it•.��11.!rl ��!Jj/.it•.��!�!t/.i •.��!�!t/ 11 UNITED CITY OF YORKVILLE -Q;1,1� J :.�jNll�l 111+1/•� NATIONAL DRUNK AND DRUGGED DRIVING (31)) PREVENTION MONTH •/111 1►1;1,�:.% DECEMBER 2011 WHEREAS, motor vehicle crashes killed 927 people in Illinois during 2010; and .1N11 ►► � WHEREAS hundreds of those deaths involved a driver impaired b alcohol and/or drugs; �lll'•:=; p Y ;,-,.�•/111 111+/�• and fllor.•!� � :� iq��jl ►'►: � WHEREAS the December holiday season is traditional) one of the most dead) times of � Y Y Y ;.;•.1111 1111+1.- -1111 111►1��; the year for impaired driving; and WHEREAS, for thousands of families across the state and the nation, holidays are a time .x%•1'1'11 1111111;. ; to remember loved ones lost; and WHEREAS, organizations across the state and the nation are joined with the Drive Sober or Get Pulled Over and other campaigns that foster public awareness of the dangers of ►�,r .; impaired driving and anti-impaired driving law enforcement efforts; and ,,..,,►�1 ►11'Pi`�� ;!%.•1'111 1►lll�•�:. ..:r��1111I 11►1►'•% WHEREAS, the community of the United City of Yorkville is proud to partner with the •�•I,l ►,�. Illinois Department of Transportation's Division of Traffic Safety and other traffic safety : %: i 11i11� ,, groups in that effort to make our roads and streets safer; : s4''111 �1►1'1'i�� NOW, THEREFORE, I, Mayor Gary J. Golinski, do hereby proclaim December 2011 as ;•�/,1�11 IIN 4 1 Drunk and Drugged Driving (31)) Prevention Month in the United City of Yorkville and do ; 111111 '1.. • hereby call upon all citizens, government agencies,business leaders,hospitals and health ►► care providers, schools and public and private institutions to promote awareness of the ':�1� X111'►;. p p p p .•'1111 impaired driving problem, to support programs and policies to reduce the incidence of —��11+111 ►,�;,:;,; impaired driving, and to promote safer and healthier behaviors regarding the use of alcohol `•�•:�11 and other drugs this December holiday season and throughout the year. .%•1'111 1111111,;.� ;`,11111►/1 Dated this 22"d day of November, 2011, A.D. :• ; ,�� 1�1111+15n ';�;��IIII) 111►/'••'"'' 1 •�• 1 +11►� ary olin i, Mayor �,1111'll LLYi� • I