City Council Minutes 2012 09-11-12 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, SEPTEMBER 11,2012
Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance.
Mayor Golinski called for a moment of silence in remembrance of the September 11, 2001,victims and
their families and to honor the brave men and women of the armed forces.
PRESENTATIONS
Valerie Mikalajunas Collage in Memory of Jeffrey Collman
Mayor Golinski called Valerie Mikalajunas up to the f ont.for she made a collage to present to the City of
Yorkville in tribute to Jeffrey Collman. Mr. Collman was a flight attendant on American Airlines Flight
11, which was the first plane to hit the World Trade Center. Mr. and Mrs. Collman came lip to get a
picture taken with the collage.
ROLL CALL
City Clerk Warren called the roll.
Ward I Koch Present
Colosimo Present
Ward II Milschewski Present
Kot Present
Ward III Munns Present
Funkhouser Present
Ward IV Spears Present
Teeling Present
Also present: City Clerk Warren, City Attorney Gardner, City Administrator Olson, Police Chief Hart,
Deputy Chief of Police Hilt,Public Works Director Dhuse, Finance Director Fredrickson, EEI Engineer
Sanderson, Community Development Director Barksdale-Noble
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
Mayor Golinski added a proclamation that needs to be read under Mayor's Report.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
None.
CONSENT AGENDA
1. Bills for Payment - $636,069.50 (CC 2012-64)
Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by
Alderman Kot; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-8 Nays-0
Colosimo-aye,Milschewski-aye, Spears-aye, Munns-aye,
Funkhouser-aye,Koch-aye, Teeling-aye, Kot-aye
MINUTES FOR APPROVAL
1. Minutes of the Committee of the Whole—August 14, 2012 (CC 2012-65)
Mayor Golinski entertained a motion to approve the minutes of the committee of the whole for August
14, 2012, as presented. So moved by Alderman Spears; seconded by Alderman Milschewski.
Minutes were approved unanimously by a viva voce vote
REPORTS
MAYOR'S REPORT
Mayor Golinski read a proclamation from the Daughters of the American Revolution declaring the week
of September 17 through 23 as Constitution Week. (See attached.)
The Minutes of the Regular Meeting of the City Council—September 11, 2012—Page 2 of 5
PUBLIC WORKS COMMITTEE REPORT
None.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Economic Incentive Agreement Between United City of Yorkville and Aniri,LLC
(Dairy Queen Grill and Chill)
(EDC 2012-47)
Alderman Munns entertained a motion to approve an economic incentive agreement between the United
City of Yorkville and Aniri LLC (Dairy Queen Grill and Chill)and authorize the Mayor and City Clerk to
execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski.
City Administrator Olson stated there was one change to the agreement. Some language needs to be
struck and numbers of employees need to be changed. Alderman Colosimo will be supporting this.
Alderman Munns agreed with Alderman Colosimo. Alderman Spears had an issue for the amounts
differed in section four and in section five. Alderman Funkhouser was glad to move this forward. The
error that was causing this to happen is not due to the City's fault or the developers fault. The problems
were due to issues on the seller's side. Alderman Spears asked if it would be less costly if the City waived
the permit fees. City Administrator Olson stated yes, but this is the amount the petitioner requested from
the City.
Alderman Colosimo made a motion to amend the agreement presented. In section three paragraphs B
change the words 38 to 5 and the number 38 to 5 as well as the words 35 to 12 and number 35 to 12. Also,
on the top of page four sub paragraph 2 do the same and change the 38 to 5 and the 35 to 12. Also change
section five to $30,740.40. This was seconded by Alderman Munns.
Amended motion approved by a roll call vote. Ayes-8 Nays-0
Koch-aye, Kot-aye, Munns-aye, Spears-aye, Colosimo-aye
Funkhouser-aye,Milschewski-aye, Teeling-aye
Alderman Colosimo stated that the Council voted on the motion to amend and now the Council needs to
vote on the original motion. Mayor Golinski called for a roll call vote on the original motion.
Motion approved by a roll call vote. Ayes-8 Nays-0
Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye,
Koch-aye, Kot-aye, Munns-aye, Spears-aye
Kendall County Revolving Loan Fund Application
(EDC 2012-46)
Alderman Munns stated the County doesn't consider doing the improvements for the underground cable a
worthwhile project. Mayor Golinski stated that it wasn't actually the County that disapproved. It was sent
to the DCEO which funds the grant program and they are the ones that had a problem with it.
Ordinance 2012-28 Directing the Sale of Real Property(I 11 West Madison Street)
(EDC 2012-48)
Alderman Munns made a motion to approve an Ordinance Directing the Sale of Real Property(1 I1 W.
Madison Street) and authorize the Mayor and City Clerk to execute; seconded by Alderman Colosimo.
Alderman Teeling asked if the City has refunded the grant money. City Administrator Olson stated no,
not yet. Alderman Teeling would like to wait to find this information out before doing an RFP. Alderman
Munns stated that the City doesn't have to accept any RFP's that come back. Alderman Spears requested
that the City have a minimum bid to be able to pay back the$64,000 and the $96,000 from IDOT. Mayor
Golinski stated that this was discussed at EDC and it was decided to leave it open to see what kind of bids
came back. Alderman Colosimo is for selling this and seeing what is offered. Alderman Milschewski
asked if the grant is transferrable. City Administrator Olson stated that it may be. Alderman Teeling
reminded the Council that this wasn't paid for with any money from the City. This was paid for with a
grant from DCEO. The City is still having a parking lot placed at this location. This is an historical
building and a good asset for the City. Alderman Kot agrees with selling this for he stated it will get
restored quicker in the private sector. Alderman Funkhouser agreed to have this put up for sale and
clarified that it did cost tax dollars.
Motion approved by a roll call vote. Ayes-7 Nays-1
Munns-aye Spears-aye, Colosimo-aye, Funkhouser-aye,
Milschewski-aye, Teeling-nay,Koch-aye, Kot-aye
Mayor Golinski asked when should the City expect bids in and close the RFP. City Administrator Olson
stated it will be published in next week's paper.
The Minutes of the Regular Meeting of the City Council—September 11, 2012—Page 3 of 5
Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area
Convention and Visitors Bureau (AACVB)
(EDC 2012-33)
Alderman Munns entertained a motion to approve a Sixth Amended intergovernmental cooperation
agreement for the Aurora Area Convention and Visitors Bureau contingent upon the commitments make
in the letter from Executive Director Chris Hamilton to the United City of Yorkville dated September 5,
2012, and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski.
Chris Hamilton wanted to reemphasize that the AACVB does marketing and sales. They do a further
reach than what a local marketing firm can do. He discussed the distribution of the visitor's guides and
the cost of doing those. He asked if the City went to a small marketing firm, then who would do that type
of fulfillment for the City. Alderman Colosimo is not comfortable with a five year contract. Alderman
Munns, Alderman Spears, Mayor Golinski, and Mr. Hamilton discussed the board members. Alderman
Spears will not support a five year contract. She would like to table this until she gets a copy of the
bylaws. Alderman Funkhouser discussed the appointments. Mr. Hamilton stated that Yorkville is going to
be guaranteed a lodging seat. Alderman Kot cannot support a five year contract. Alderman Teeling stated
there were a lot of representatives from the hotels and Raging Waves at the EDC meeting. These facilities
are where these taxes come from. They were all stating that they wanted the AACVB to have this
opportunity to build their growth. Looking back 20 years there was only one hotel in Yorkville, so
Yorkville did not have a lot of tax revenue. The City didn't have much representation. The City has
grown. They are offering us more seats on the board. The Council should listen to what the City's
business owners are saying. Alderman Colosimo agrees with Alderman Teeling. The only reason lie is
considering this is because he heard the local business owners are happy. He thought that by making the
term shorter that the Council was doing the business owners a favor. That way the City can make sure the
business owners are being properly represented and that the money is coming back to Yorkville.
Alderman Milschewski stated the City has had this for so long and it gets lost in the shuffle. Until the
business owners came forward the Council didn't have any idea how this was benefiting them. She stated
it is up to the City and the AACVB to meet quarterly and keep it on track. She agrees with the shorter
term.
Daryl Wiese, general manager at the Hampton Inn, is for the AACVB. If the hotel goes to a local media
group then the hotel is going to have less money to spend. The other tourism groups want to focus mostly
on Yorkville. He stated 98%of his business does not come from Yorkville. The local companies are
going with a three year term and that worries him. They would have one year to build, one year to get
everything in place and the third year is a money maker year. At that point they have already lost two
years. They are very interested in continuing to go in the direction of the AACVB. Going locally will not
give the Hampton Inn the chance to expand. Mr. Wiese believes that five years is a good term. At this
point he is vying for the chair spot that is opening up for the hotels, because the Hampton Inn does have a
good majority hold.He wants to make sure that the tax dollars that are being brought in are being utilized
correctly. Alderman Munns thought the Council all agreed that staying with the AACVB would be better
than going with the local guys. He doesn't see the problem with a three year contract. Mr. Wiese's biggest
worry with a three year contract is that his business loses all the momentum that they have going on if
they lose the contract after three years. Alderman Munns asked if the businesses are playing hard ball. Mr.
Hamilton stated they are not trying to play hard ball. The projects they work on are short and long term
projects, and it is difficult for them to make investments if potentially in three years the City could drop
out. Alderman Munns stated that the track record has been consistent that the City has stayed with the
AACVB. Alderman Koch stated the businesses will have opportunities over the next three years to show
the progress that they make. Alderman Colosimo stated the City has 20 years of commitment. What about
the AACVB committing to the City for three years. He does not believe that the Council is doing a
disservice to the tax payers by not committing to a five year contract. He feels that the Council is being
strong armed. Maybe the Council should not go with the AACVB. That hurts the hotel operators, so the
AACVB is using the City's own operators against this Council to get the ternis and conditions they want.
He doesn't think it is fair to the Council. Why is the five year number so inflexible? Why should the
Council be the ones to bend? Alderman Munns stated that the City of Yorkville is the customer.
Alderman Teeling stated the City has seen progress. The City hasn't contacted the hotel managers to talk
to them about what they have been doing with the AACVB.The City hasn't contacted the AACVB. She
said Mr. Hamilton has offered to come in every three months and give the City an update of what is going
on with the projects. She thinks Yorkville's hotels and attractions will suffer if the City goes with another
company. Mr. Hamilton pointed out that it is an intergovernmental agreement. Everyone signs the same
contract, which all has the same terms. Alderman Spears met with the general manager of Super 8 five
years ago. He was totally dissatisfied at that time with the AACVB. She brought this inforination to the
Council and suggested that the City drop out. The Council killed it at that time. Alderman Spears stated a
three year contract would be the maximum she would vote on. She would like to see the progress for
these businesses and see them improve.
Alderman Funkhouser stated the AACVB has been with the City for 20 years and as of late has not met
the City's expectations. Alderman Funkhouser credited Mr. Hamilton for coming in and working with
this entity in the past eight months. The previous director failed to make this a successful organization.
The Minutes of the Regular Meeting of the City Council—September 11, 2012—Page 4 of 5
Yorkville has only had a hotel in this organization for 14 years. Two years for our larger hotels and a
water park for about five years. The City has not had a large financial stake until recently. Yorkville does
have a stake in this as a community to get things done and that is what the Council is looking out for. The
organization is 20 years old. Yorkville is 176 years old. Yorkville is looking out for our own community
to make this successful. If Yorkville has to put the screws to the organization to get it done then Yorkville
is going to do it. Alderman Funkhouser was appalled at how he was treated at the last board meeting.
When Yorkville goes back to the next board meeting the City will be asking for a three year term. If the
AACVB is unwilling to do that,then so be it. The City of Yorkville will find a better way to do it and will
get things done. Alderman Milschewski would like to see the current bylaws. Mr. Patelli understood why
the City wouldn't want to tie itself down to a five year contract,but the City has to weigh the options. He
feels that the City should work with the AACVB and give them a chance. Randy Witt, Raging Waves,
stated what is vital to his business is the reach that the AACVB can give. Lynn Dubajic, Executive
Director of the Y.E.D.C.,wanted the Council to know that this tax is tax that is collected from people that
are staying in Yorkville hotels. In its pure sense it is supposed to be recycled to create more hotel space.
Mayor Golinski entertained a motion to table this to the next City Council meeting. So moved by
Alderman Colosimo; seconded by Alderman Milschewski.
Motion to table approved by a roll call vote. Ayes-8 Nays-0
Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye,
Teeling-aye, Koch-aye, Kot-aye, Munns-aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
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. Mayor Golinski stated that City Treasurer Powell is out of the hospital and at home.
COMMUNITY& LIAISON REPORT
No report.
STAFF REPORT
No report.
ADDITIONAL BUSINESS
RFP for the Caboose
Alderman Milschewski asked if the City can do an RFP on the caboose. City Administrator Olson stated
that the City can put that on the agenda.
Stars of Hope Skylantern Festival
Mayor Golinski announced that there is a Stars of Hope Skylantern Festival on October 6, 2012, at 7:00
p.m. at the football field. This is a fundraiser for suicide prevention.
EXECUTIVE SESSION
Mayor Golinski entertained a motion to go into Executive Session for the purpose of Pending and
Imminent Litigation. So moved by Alderman Funkhouser; seconded by Aldennan Milschewski.
Motion approved by a roll call vote. Ayes-8 Nays-0
Spears-aye, Milschewski-aye, Colosimo-aye, Kot-aye,
Teeling-aye, Koch-aye, Funkhouser-aye, Munns-aye
The Minutes of the Regular Meeting of the City Council—September 11, 2012—Page 5 of 5
The City Council entered Executive Session at 8:17 p.m.
The City Council returned to regular session at 8:39 p.m.
ADJOURNMENT
Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Munns; seconded
by Alderman Colosimo.
Adjournment of the meeting was unanimously approved by a viva voce vote.
Meeting adjourned at 8:40 p.m.
Minutes submitted by:Beth Warren,
City Clerk, City of Yorkville, Illinois
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