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City Council Minutes 2011 12-27-11 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,DECEMBER 27,2011 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 Absent Colosimo Present Ward 11 Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Treasurer Powell, City Attorney Orr, City Administrator Olson, Police Chief Hart,Finance Director Fredrickson, EEI Engineer Sanderson, Community Development Director Barksdale-Noble, and Executive Director of the Y.E.D.C. Dubajic QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Swearing in of Patrol Officer Sara Gerlach Mayor Golinski swore in Patrol Officer Sara Gerlach. PUBLIC HEARINGS Grande Reserve Amended Annexation Agreement and Planned Unit Development Agreement (PC 2011-11) Mayor Golinski opened the public hearing. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Mayor Golinski closed the public hearing. This will come back in two weeks for a vote. Please see attached Report of Proceedings from Depo Court Reporting Service for the transcription of the public hearing. CITIZEN COMMENTS Richard Slocum, 25`x' Senatorial District, wanted to let the citizens of Yorkville know his qualifications and plans for running for Senate. Lynn Dubajic,YEDC, wanted to provide an update of the Kennedy Road bike path. The formal organization has been applied for. The organization is called Push for the Path. A website is reserved. The 3 officers of the corporation are John Hammond, owner of Wheatland Title, Lynn Dubajic,and Maureen Sharp, local realtor. She is confident they will be able to fulfill their promise to raise these dollars. Jesus Alaniz, Colonial Parkway, addressed the City Council(see attached). CONSENT AGENDA 1. Bills for Approval - $773,835.25 (CC 2011-137) 2. Monthly Treasurer's Report for November 2011 (ADM 2011-70) 3. Bond Abatement Ordinances (ADM 2011-72) a. Ordinance 2011-84 to Abate $3,525,000 General Obligation Bonds(Alternate Revenue Source, Series 2005 (Countryside TIF)—authorize Mayor and City Clerk to execute b. Ordinance 2011-85 to Abate $2,000,000 General Obligation Bonds (Alternate Revenue Source, Series 2005C (Waterworks and Sewer)—authorize Mayor and City Clerk to execute The Minutes of the Regular Meeting of the City Council—December 27,2011 —Page 2 of 5 c. Ordinance 2011-86 to Abate $625,000 General Obligation Bonds (Alternate Revenue Source), Series 2002 (Fox Industrial)—authorize Mayor and City Clerk to execute 4. Series 2005D and 2008 Bond Abatement Ordinances (CC 2011-138) a. Ordinance 2011-87 Abating the Tax Hereto Levied for the Years 2011 through 2014 to Pay the Principal of and Interest on the $11,300,000 General Obligation Bonds (Alternate Revenue Source), Series 2005D (Rob Roy Creek)—authorize Mayor and City Clerk to execute b. Ordinance 2011-88 Abating the Tax Hereto Levied for the Years 2011 through 2016 to Pay the Principal of and Interest on the$2,020,000 General Obligation Bonds(Alternate Revenue Source), Series 2008 (Refinance Rob Roy Creek)—authorize Mayor and City Clerk to execute Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Spears; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye, Milschewski-aye, Spears-aye, Munns-aye, Funkhouser-aye, Teeling-aye, Kot-aye MINUTES FOR APPROVAL None. REPORTS MAYOR'S REPORT Resolution 2011-29 Acknowledging Satisfaction of Development Agreement (Reserve at the Fox River Apartments) (CC 2011-139) Mayor Golinski entertained a motion to approve a resolution acknowledging satisfaction of a development Agreement (Reserve at the Fox River Apartments) and authorize the Mayor and City Clerk to Execute. So moved by Alderman Spears; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Kot-aye, Munns-aye Grant of Permanent Fire Hydrant Easement Acceptance—213 S.Bridge Street (PW 2011-72) Mayor Golinski entertained a motion to approve a grant of permanent Fire Hydrant Easement agreement between Bridge Street Plaza and the United City of Yorkville for 213 S. Bridge Street 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-7 Nays-0 Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Kot-aye,Munns-aye Raging Waves (PW 2011-76) Letter of Credit Reduction Mayor Golinski entertained a motion to authorize a reduction to the Commercia bank letter of credit number 628335-04 in an amount not to exceed$328,925.02 subject to verification that the developer has no outstanding debt owed to the City for this project. So moved by Alderman Funkhouser; seconded by Alderman Munns. Alderman Colosimo stated he is not happy about this but will be voting for it. This is the perfect example of if the City rushed to vote then sooner or later the City pays on the back end. The City needs to support our local business to make sure they remain in Yorkville. Motion approved by a roll call vote. Ayes-7 Nays-0 Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye, Kot-aye, Munns-aye, Spears-aye Ordinance 2011-89 Amending Requirements for Improvement Securities Mayor Golinski entertained a motion to approve an ordinance amending requirements for improvement securities and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Milschewski. The Minutes of the Regular Meeting of the City Council—December 27, 2011 —Page 3 of 5 Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye,Teeling-aye,Kot-aye Grande Reserve Request for Letter of Credit Reduction (PW 2011-68) Mayor Golinski entertained a motion to authorize reductions to letter of credit#S587587 in the amount not to exceed$8,680.85, letter of credit#5587890 in the amount not to exceed$142,222.03, letter of credit#S587891 in the amount not to exceed $161,207.87, letter of credit#5591707 in the amount not to exceed$66,282.54, letter of credit#5591705 in the amount not to exceed $89,053.63, letter of credit #S591367 in the amount not to exceed$294,439.77, letter of credit#S598664 in the amount not to exceed $251,770.79, letter of credit#S594383 in the amount not to exceed $52,907.87, letter of credit#S594384 in the amount not to exceed$53,265.94 subject to verification that developer has no outstanding debt owed to the City for this project. So moved by Alderman Colosimo; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Milschewski-aye, Teeling-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye PUBLIC WORKS COMMITTEE REPORT Kennedy Road Shared Use Path- ITEP Bike Path Grant (PW 2011-65) A motion was made by Alderman Milschewski to accept the ITEP bike path grant on Kennedy Road shared use path; seconded by Alderman Munns. A motion was made by Alderman Colosimo to table Public Works 2011-39 to the Public Works Committee at the next January meeting; seconded by Alderman Spears Motion failed by a roll call vote. Ayes-3 Nays-4 Teeling-nay, Kot-aye, Munns-nay, Spears-aye, Colosimo-aye, Funkhouser-nay, Milschewski-nay City Attorney Orr stated that motion to table did not pass. Mayor Golinski stated now back to the original motion. Alderman Colosimo stated what ends up on a City Council agenda is based on Yorkville's governing ordinance rules.The Mayor has unilateral authority to put anything on the Mayor's report. It can come out of committee by a majority vote. It can be put on the agenda by four sitting Alderman. Yet none of these three things occurred. How do things just show up on the agenda?If one person has unilateral authority to put items on the agenda then why are there committees and ordinance rules? City Administrator Olson looked at the precedent and ramifications of allowing three Alderman albeit the majority of the committee potentially outweighing the majority of the Council. He doesn't know how the votes are going to go, but can anticipate it will be voted down based on the negative recommendation. He wanted that formally to occur before he sent the letter off to IDOT. He didn't think the Council would want him to create an obligation and ship off the letter to IDOT that says Yorkville rejects this grant based on a committee vote. He was asking for direction to come for the entire Council on something that the Council previously authorized the City to do.That is the reason he decided to request it to move forward so he could get final recommendation. Alderman Colosimo stated if we're going to bring subjects out to discuss as a whole then Council members are wasting time with committees. If a vote is not appreciated, or liked, or just dies in committee and then it is going to end up in front of the Council, then the Council might as well go to every Tuesday and alternate committees of the whole and be done with it. City Administrator Olson believes the difference here lies in the distinction that the Council prior authorized this expense and grant to take place. He didn't want to get into a situation in the future where he was stuck between a committee telling him to do things and potentially the rest of the Council telling him to do something completely different. Alderman Spears stated that is how our procedures are set. The Council has committee meetings in order to establish the right procedures. To follow procedures, it should go back to committee. Alderman Milschewski sees both sides, and asked when the City has to get back to IDOT. City Administrator Olson stated the mandatory deadline is the end of January. Since it has been presented to the entire Council, no action is the exact same action and direction of the staff as a negative vote on this. As long as everyone is aware of that and aware of the legal obligation the Council is creating by taking no action, he is fine with that. This is a policy decision. He just didn't want the Council to get into a situation in the future where the City has three Aldermen saying one thing and the other five think the other way without at least bring The Minutes of the Regular Meeting of the City Council—December 27,2011 —Page 4 of 5 it to somebody's attention. Alderman Milschewski agrees with Alderman Colosimo that the Council has time and this should go back to Public Works. City Attorney Orr stated the motion made that was voted down was a motion to table which is a motion not subject to discussion. The original motion, which was not seconded,that Alderman Colosimo made was a motion to return it to committee. Two separate motions. The motion to table would bring it right back to Council and not accomplish the original motion,which was never seconded. Mayor Golinski as the chair would have the right to rule if he would entertain a motion to send this back to committee. Alderman Spears stated she seconded his original motion. City Attorney Orr said it was never voted on, and then the Council went to a motion to table so there was never discussion. Alderman Spears asked so doesn't it come back to us now to vote on the original motion. City Attorney Orr stated the motion to table was voted down, so we have two choices. The Council can either go with a final vote on it or could entertain a motion to return it back to Public Works. Alderman Spears asked since she already made that motion and it was seconded should the Council do that again. City Attorney Orr stated yes. Alderman Milschewski made a motion to send it back to Public Works; seconded by Alderman Spears. City Attorney Orr asked Mayor Golinski if he would recognize this motion and he stated yes. City Attorney Orr stated the Council may have discussion on this motion. Alderman Munns stated this is an issue providing amenities to the City. Business won't locate to Yorkville unless there enough rooftops. That means less tax base. Yorkville won't have enough rooftops to attract businesses unless Yorkville has reasons for people to move here. If the businesses don't locate here,tax payers continue to fund the entire tax base. Yorkville has good amenities such as safety, decent shopping, and good restaurants. If citizens can't get to these places will they want to live here? Should it get worse or should the Council take a chance and do some amenities. Alderman Kot voted against this in committee for the City can't afford it. If someone wants to step forward and pay the city's share,then he is all for it. He has no problem going back to committee with this and reviewing the potential of somebody else footing the share. He doesn't think IDOT wants an agreement based on a promise that somebody else is going to pay the City share.He will support sending it back to committee. Mayor Golinski stated that is the right move. Send it back to committee for further discussion. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye, Kot-aye, Munns-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Residential Solid Waste Franchise Agreement (PW 2011-39) A motion was made by Alderman Spears to approve the form of the RFP to be used for soliciting proposals from waste haulers for the City's solid waste residential program from May 01, 2012 through April 30, 2017; seconded by Alderman Colosimo. City Administrator Olson said Oswego is entertaining the possibility of joining Yorkville. Yorkville's garbage services are a little more comprehensive than Oswego's. Yorkville wants to keep its garbage services the way it is. Oswego has to decide whether they want to have the same services as Yorkville or potentially not reap the benefit of doing a joint bid. Hopefully the City will know by mid-January, which still gives Yorkville time to get out the RFP. A potential option is to wait another couple meetings and hopefully get a lower overall bid from Oswego. Mayor Golinski asked if the Council wants to table this or go ahead and approve it with the idea that City Administrator Olson will talk to Oswego. City Administrator Olson and City Attorney Orr both believe it would be acceptable to approve it. If there are changes it can come back to Council. An RFP does not require Council approval but it has been practice that the Council always knows what major services are being bid out. City Administrator Olson stated the Council would be approving the RFP under the assumption that he would not publish it until further direction from Oswego and Yorkville. Alderman Funkhouser thinks if Yorkville partners with Oswego then language need to be included that states if one party terminates it won't affect the other's contract. City Attorney Orr stated the City won't succeed if one party has the right to sever the contract. Alderman Colosimo has residents constantly tell him they like the garbage services here in Yorkville. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye, Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye,Teeling-aye The Minutes of the Regular Meeting of the City Council—December 27,2011 —Page 5 of 5 PARK BOARD No report. PLAN COMMISSION No report. 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 YEDC Alderman Munns said YEDC is alive and well. They lost a few members in 2011. Membership is down, yet revenue for 2012 is forecasted about$11,000 more and the expenses only went up about $3000. If anyone knows businesses in town that dropped off, encourage them to get back on in 2012. Continue to make the YEDC a viable force. STAFF REPORT No report. ADDITIONAL BUSINESS Garbage Services Garbage services will be delayed one day this week and next due to the holidays. EXECUTIVE SESSION Mayor Golinski entertained a motion to adjourn into Executive Session for the purpose of: 1. For the purchase or lease of real property for use of the public body. So moved by Alderman Funkhouser; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Milschewski-aye, Colosimo-aye, Kot-aye, Teeling-aye, Funkhouser-aye, Munns-aye The City Council entered Executive Session at 7:48 p.m. The City Council returned to regular session at 8:06 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Munns; seconded by Alderman Funkhouser. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:07 p.m. Minutes submitted by: &�q val'o� Beth Warren, City Clerk, City of Yorkville,Illinois REGULAR CITY COUNCIL MEETING PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: SIGNIN REGULAR CITY COUNCIL MEETING Public Comment / De Ce Pr- PLEASE PRINT NAME: SUBDIVISION OR BUSINESS: 1` SIGNIN CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS PUBLIC HEARING : PC 2011-11 Grande Reserve Amended Annexation Agreement and Planned Unit Development Agreement REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before TERESA S . GRANDCHAMP, C . S . R . , on December 27 , 2011 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-958911 DY,,Po " ()'� ' T reporting scrvicc 1300 Iroquois Avenue, Suite 205 Naperville, IL 60563 630-983-0030 • Fax: 630-778-4824 e-mail: depocourt@depocourt.com • www.depocourt.com 2 1 PRESENT : 2 MR . GARY GOLINSKI , Mayor ; 3 MR . CARLO COLOSIMO, Alderman; 4 MR . CHRIS FUNKHOUSER, Alderman; 5 MS . JACKIE MILSCHEWSKI , Alderman; 6 MR . MARTY MUNNS , Alderman; 7 MS . ROSE ANN SPEARS, Alderwoman; 8 MS . DIANE TEELING, Alderwoman . 9 ALSO PRESENT : 10 CITY CLERK WARREN; 11 CITY TREASURER POWELL; 12 CITY ATTORNEY ORR; 13 CITY ADMINISTRATOR OLSON; 14 POLICE CHIEF HART ; 15 FINANCE DIRECTOR FREDRICKSON; 16 EEI ENGINEER SANDERSON; 17 COMMUNITY DEVELOPMENT DIRECTOR 18 BARKSDALE-NOBLE ; and 19 EXECUTIVE DIRECTOR OF THE Y . E . D . C . 20 DUBAJIC . 21 - - - 22 23 24 Depo•Court Reporting Service (630) 983-0030 3 1 MAYOR GOLINSKI : Okay . Next on the 2 agenda we do have a public hearing . So I ' d like 3 to open the public hearing for the Grande Reserve 4 Amended Annexation Agreement and Planned Unit 08:07PM 5 Development Agreement . 6 ALDERMAN COLOSIMO : So moved . 7 ALDERMAN FUNKHOUSER : Seconded . 8 MAYOR GOLINSKI : Do we have anyone from 9 the public who would like to speak on the Grande 08:07PM 10 Reserve Annexation Agreement ? 11 Okay . So I would like to close the 12 public hearing for the Grande Reserve Annexation 13 Agreement . 14 (Which were all the 15 proceedings had at the 16 public hearing . ) 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 4 1 STATE OF ILLINOIS ) SS . 2 COUNTY K A N E ) 3 I , Teresa S . Grandchamp, a 4 Certified Shorthand Reporter, do hereby certify 5 that I reported in shorthand the proceedings had 6 at the hearing of the above-entitled cause and 7 that the foregoing Report of Proceedings is a 8 true , correct , and complete transcript of my 9 shorthand notes so taken at the time and place 10 aforesaid . 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Depo Court Reporting Service ( 630) 983-0030 5 1 In testimony whereof, I have 2 hereunto set my hand this 26th day of January, 3 A . D . , 2012 . 4 5 =77) 6 Teresa S . Grandchamp, CSR 7 CSR No . 084-002853 8 9 10 11 12 13 j 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 6 0 NOBLE[1]- EXECUTIVE[i]- 3:8 Report[i]-4:7 y 2:18 2:19 Mayor[1]-2:2 reported[1]-4:5 084-002853[1]- MEETING[1]-1:3 Reporter[1]-4:4 Y.E.D.0(1]-2:19 5:7 C F meeting[1]-1:13 reproduced[1]- YORKVILLE[1]- MILSCHEWSKI 4:20 1:4 2 C.S.R[1]-1:15 Farm[1]-1:16 [1]-2:5 Reserve[41-1:8, Yorkville[1]- CARLO[t]-2:3 FINANCE[1]- moved[i]-3:6 3:3,3:10,3:12 1:17 2011[1)-1:16 certificate[i] 2:15 MR[a]-2:2,2:3, responsibility[i] 2011-1111]-1:8 4:17 foregoing[i]- 2:4,2:6 -4:20 2012(1]-5:3 Certified[1]-4:4 4:7 MS[3]-2:5,2:7, Road[i]-1:17 26th[1]-5:2 certified[1]-4:19 FREDRICKSON 2:8 ROSE[1]-2:7 27[i)-1:15 certify[3)-4:4, [1]-2:15 MUNNS[1]-2:6 4:11,4:16 FUNKHOUSER S 7 CHIEF[11-2:14 [2]-2:4, 3:7 N CHRIS[1]-2:4 SANDERSON[i) 7:00[�]-1:16 CITY[6]-1:3, 1:4, G next[11-3:1 -2:16 2:10,2:11,2:12, NOBLE[i)-2:18 seconded(i]- 2:13 Game(1]-1:16 notes[i] 4:9 3:7 800[1] 1:16 City[11-1:17 GARY[1]-2:2 set[i]-5:2 CLERK[i]-2:10 GOLINSKI[3]- Q Shorthand[i]- A close[1]-3:11 2:2,3:1, 3:8 4:4 Grandchamp(2]- OF[a]-1:4, 1:13, COLOSIMO[2)- shorthand[z)- 4:3,5:6 2:19,4:1 A.D[t]-5:3 2:3,3:6 4:5,4:9 GRANDCHAMP OLSON(i]-2:13 above-entitled[2] COMMUNITY[i]- signed[1]-4:18 -1:14,4:6 2:17 (11-1:15 open[i1-3:3 SPEARS[i] 2:7 accuracy[i]- complete(11-4:8 Grande[41-1:8, original[1)-4:17 SS[1]-4:1 4:20 control[1]-4:21 3:3,3:9,3:12 ORR[1)-2:12 STATE[1]-4:1 ADMINISTRATO copies[2]-4:18, outcome[1] suit[2]-4:13, R[1]-2:13 4:21 H 4:15 4:14 aforesaid[1]- correct[il 4:8 hand[2)-4:19, 4:10 COUNCIL[1)-1:3 5:2 P T agenda[1]-3:2 counsel[2]-4:12 HART[i]-2:14 m i -1:16 COUNTY[i]-4:2 p' [ ] TEELING[1]-2:8 Agreement[6]- HEARING[11- parties[21-4:13, Teresa[2]-4:3, 1:9, 1:10, 3:4, CSR[2]-5:6,5:7 1:7 4:14 5:6 3:5,3:10,313 hearing[5]-3:2, PC[1]-1:8 TERESA[1]-1:15 ALDERMAN[2]- D 3:3,3:12,3:16, place 11]-4:9 testimony[1]- 3:6,3:7 4:6 Planned[2]-1:9, Alderman[a]- D-958911[i)- 3:4 H hereby[i]-4:4 2:3,2:4,2:5,2:6 1:24 THE[�] 2:19 hereto[1]-4:17 POLICE[i)-2:14 Alderwoman[2)- December[1]- thereof[2]-4:15, 1:15 hereunto[i]-5:2 pOWELL[i]- q:1g 2:7,2:8 hour[i]-1:16 2:11 ALSO[1]-2:9 DEVELOPMENT transcript[2]- Amended[2]- [1]-2:17 PRESENT[2]- 4:8,4:18 1:8,3:4 Development[2] 2:1,2:9 TREASURER[l]- ANN[1]-2:7 -1:9,3:5 ILLINOIS[2]-1:4, proceedings[2]- 2:11 )- Annexation(a]- DIANE(1 2:8 3:15,4:5 true(i)-4:8 ti 4:1 PROCEEDINGS direction[�]- 1:8,3:4,3:10, Illinois[i]-1:17 [�]_1:13 21 U 3:12 4: interested(i)- proceedings[�]- [3]- 4:15 annexed[i)- DIRECTOR 4:17 2:15,2:17,2:19 4:7 under[2)-4:19, applies[i] 4:17 DUBAJIC[1]- J PUBLIC[1]-1:7 4:21 assume[i]- :17 2:20 public[5)-3:2, Unit[2]-1:9,3:4 JACKIE[i] 2:5 3:3,3:9,3:12, UNITED[1]-1:4 ATTORNEY[11- 3:16 2:12 E January[i)-5:2 W EEI[1]-2:16 B ENGINEER[i]- M WARREN[1]- 2:16 MARTY[1)-2:6 related[2]-4:12, 2:10 BARKSDALE[i]- 2:18 entitled[2]-1:14, matter[i)-1:14 4:13 whereof[1]-5:1 4:6 MAYOR(2]-3:1, REPORT[1]- BARKSDALE- 1:13 Depo•Court Reporting Service ( 630) 983-0030 C 6 COMMEt4TS m1?. 3Ew:s ALA MM Address to Yorkville City Council Our Citizens -We the People December 27, 2011 Good evening Your Honor, Members of this Honorable Council, Citizens and Members of the Press. This evening I would like to I would like to address our fellow citizens on our current state of Government. If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.' Each and every empty chair that we see here is then a vote of confidence for this council. It is a vote from our citizens that this council may proceed in any way it sees fit. In a Democracy, a federal government rules over us and determines what rights we have or don't have by means of a majority vote. In the Republic that was left to us, the government governs by the consent of the People and the People are the Supreme Law of the Land and it is their Law that is the Law of the Land. During the past month and a half, this council has had to make several hard decisions and in some instances the Mayor has had to cast the tie breaking vote. This has not been an easy decision as seen by the expression on our Mayor, but it is the one more consistent when our citizens don't participate in our government. It is morally wrong then, to criticize our government when we refuse to participate for a wheat field infested with chaff is not the fault of nature but the cause of a sluggard owner. Government at all levels needs to hear your voice and your sentiment and good government as our responsibility just as much as it of those who are elected. Freedom has many difficulties and Democracy is not perfect and when one man is enslaved all are not free". The fires of discord and discontent burn in many cities"', counties and towns in states through out our nation threatening destruction and threatening violence. A great change is at hand and I believe that our goal and our task must be that of taking back our country and nation one city at a time from an over reaching government at many levels through a peaceful process as we possibly can. My fellow citizens I don't know where you stand, but as for I an American of Mexican dissent, will never demand that any ordinary American Man, Woman or Child lay down their Life, Liberty or Property for my sake as human being. I would instead only count on your generosity as individual Americans and on God's Grace if needed. Ignore than those negative voices of the politicians, the pundits and the media for Americans have always been willing to pay a price for their Liberties, surrender or submission not being one of them. I therefore urge you to gather with friends, family and neighbors to take turns and sacrifice at least three days out of the year to attend hearings and meetings such as these for an empty Hall cannot constitute a Government of"We the People, by the People for the People". Thank You and May God Bless America Thank You Your Honor, I yield the floor back to you and this Honorable Council. 'Federalist Papers No 51 "John F Kennedy-Berlin Wall '°John F Kennedy-Statement on Civil Rights Movement