City Council Minutes 2012 09-25-12 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 25,2012
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 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 Orr, 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
Alderman Colosimo requested that Item#2 on the consent agenda, South Shell Gas Station Groundwater
(PW 2012-49),be moved to the regular agenda under Public Works. Mayor Golinski asked that EDC#3
Countryside Concept PUD Plan and Incentive Agreement(CC 2012-70)be moved after consent agenda.
Amendment approved unanimously by a viva voce vote.
PRESENTATIONS
Swearing-in of Patrol Officer—Stephen Klett
Mayor Golinski swore in Patrol Officer Stephen Klett.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Stephenie Todd, Oswego, spoke on the Old Jail. She believed the City should not sell this property.
CONSENT AGENDA
1. Bills for Payment-$518,247.91 (CC 2012-66)
2. Safe Routes to School (PW 2012-50)
a.IDOT Local Agency Agreement for Federal Participation—authorize Mayor to execute
b.EEI Phase III Construction Engineering Services Agreement for Federal Participation—
authorize Mayor and City Clerk to execute
3. ComEd Customer Work Agreement for Cannonball Trail/Route 47 Utility Relocations—
authorize the Mayor to execute(PW 2012-51)
5. Recreational Trail Program(RTP) Grant Project Agreement for Clark(Hopkins)Park—authorize
Mayor to execute (PW 2012-52)
6. Rush-Copley Phase I—Release of Letter of Credit—authorize release of Old Second Bank LOC
#60101002503 and Old Second Bank LOC#2987 in their entirety (PW 2012-53 )
7. 2012 MFT Maintenance Program—Change Order#1 —authorize increase in the amount of
$19,722.92 (PW 2012-54)
8. Ordinance 2012-29 Approving an Agreement for Subdivision Improvement Completion and
Early Municipal Acceptance(Briarwood/Cornerstone Subdivision)—authorize Mayor and City
Clerk to execute (PW 2012-56)
Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman
Funkhouser; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes-8 Nays-0
Colosimo-aye, Milschewski-aye, Spears-aye, Munns-aye,
The Minutes of the Regular Meeting of the City Council—September 25,2012—Page 2 of 5
Funkhouser-aye, Koch-aye, Teeling-aye,Kot-aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Countryside Concept PUD Plan and Incentive Agreement
(CC 2012-70)
Attorney Kramer spoke on behalf of the petitioner,Jim Ratos.Mr.Ratos is purchasing the entire Country
Center property from Bank of America. The theatre project would be 7 '/z acres. The Neighborhood
Cinema Group(NCG)is a family run organization. Mr. Ratos feels NCG will be an asset to the
community.NCG hoped to break ground early January. Jason Pesola,resident,presented a power point
presentation on NCG. (See attached.)They are headquartered in Owosso,MI.NCG currently operates 14
theaters with 135 screens. They have theaters in Michigan, Indiana,Tennessee, and Georgia.NCG will
only build one theatre at a time. The cinema in Yorkville would be distinguished as NCG Yorkville
Cinemas. The proposed theatre is approximately 37,500 square feet. There will be 100%digital projection
and sound. There will be 10 screens and 100%stadium seating for 1900 people.NCG has created NCG
extreme which includes a 70 foot screen,upgraded leather recliners, and can project any movie at any
time in 3D. Proposed opening day is November 15, 2013.Mr. Ratos is very excited to bring this project to
Yorkville. Lynn Dubajic, Executive Director of the Y.E.D.C., is thrilled that local developer Mr. Ratos is
the person that has embraced this project.He is committed to working with local trade people. Due to the
NCG extreme package,Yorkville will have an advantage. This will be a draw for the community of
Yorkville. Attorney Kramer stated Mr. Ratos is going to be the general contractor, and will have total
control.Mayor Golinski said staff is looking for direction. Alderman Spears stated the incentives are very
good for the City. She believes Mr. Ratos is dedicated to the City of Yorkville. She congratulated the
entire team and is very impressed with them. She supports this 100%. Alderman Kot is excited about this
potential. He would like to see the City move ahead with this development. Alderman Colosimo felt this
was exactly the kind of project the Yorkville needs. Alderman Teeling is looking forward to this,too.
Alderman Funkhouser thinks it is great that a local resident is working on this project. The incentives are
good. Alderman Funkhouser noted that the developers have asked for some concessions on the parking
lot and he would like to see the envelope pushed on the parking lot design so that the parking lot would be
on par with or a little above what was done at Kendall Marketplace. He is all in favor of getting this
done. Alderman Koch supports this project. City Administrator Olson received clear direction from the
Council.
MINUTES FOR APPROVAL
1. Minutes of the City Council—August 28,2012 (CC 2012-67)
Mayor Golinski entertained a motion to approve the minutes of the City Council for August 28, 2012 as
presented. So moved by Alderman Spears; seconded by Alderman Colosimo.
Alderman Colosimo had one correction under appointment of Alderman Koch.The word blindsided
should be changed to one-sided.
A motion was made by Mayor Golinski to approve the minutes as amended.
Minutes approved unanimously by a viva voce vote.
2. Minutes of the City Council—September 11,2012 (CC 2012-68)
Mayor Golinski entertained a motion to approve the minutes of the City Council for September 11, 2012
as presented. So moved by Alderman Spears; seconded by Alderman Milschewski.
Alderman Funkhouser asked after the moment of silence if the collage presentation should be separated
out under presentation. Mayor Golinski believed it was a good idea to separate it under presentations.
A motion was made by Mayor Golinski to approve the minutes as amended.
Minutes approved unanimously by a viva voce vote.
REPORTS
MAYOR'S REPORT
Proclamation for Senior Services Associates,Inc.Day
(CC 2012-69)
Mayor Golinski read a proclamation for Senior Services Associates, Inc. Day on October 19,2012.
Collective Bargaining Agreement between the Illinois FOP Labor Council Representing
Yorkville Sergeants and the United City of Yorkville
(CC 2012-54)
Mayor Golinski announced this should have been moved under amendments. The Council is going to
have an executive session before voting on this. This will be voted on after the executive session.
The Minutes of the Regular Meeting of the City Council—September 25,2012—Page 3 of 5
PUBLIC WORKS COMMITTEE REPORT
1. South Shell Gas Station Groundwater(PW 2012-49)
a. Resolution 2012-24 Approving a Limited Environmental Indemnity Agreement with
Equilon Enterprises LLC Doing Business as Shell Oil Products US LLC (Southwest
Corner of South Bridge Street and Route 71)
b. Ordinance 2012-30 Prohibiting the Use of Groundwater as a Potable Water Supply by
the Installation or Use of Potable Water Supply Wells or by Any Other Method at or
Within the Area Designated on Exhibit A Attached Hereto and Made a Part Hereof
(Southwest Corner of South Bridge Street and Route 71)
Mayor Golinski stated there was an item that was moved from the consent agenda,the South Shell Gas
Station Groundwater. The Council needs a motion and a second to approve that. So moved by Alderman
Colosimo; seconded by Alderman Koch.
Alderman Colosimo had some minor questions on the agreement. He also wanted the word it on the
bottom of page three, changed to the City. Mayor Golinski called for a roll call on the corrected version.
Motion approved by a roll call vote. Ayes-8 Nays-0
Teeling-aye,Koch-aye,Kot-aye,Munns-aye,
Spears-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT CONTINUED
First Supplemental Agreement to the Kendallwood Estates Development Agreement
(EDC 2012-36)
Alderman Munns entertained a motion to approve a First Supplemental Agreement to the Kendallwood
Estates Development Agreement and authorize the Mayor and City Clerk to execute. So moved by
Alderman Colosimo; seconded by Alderman Milschewski.
City Administrator Olson stated the agreement in the packet has not been reviewed by the committee.The
direction to staff was to draft the agreement and bring it back. He believes the agreement incorporates all
of the items in the memo at the previous meeting. Alderman Colosimo asked if the City felt comfortable
that the$339,000 is more than enough. City Administrator Olson stated yes.
Motion approved by a roll call vote. Ayes-7 Nays-0 Abstain-1
Kot-aye,Munns-aye, Spears-aye, Colosimo-aye,
Funkhouser-abstain,Milschewski-aye,Teeling-aye, Koch-aye
Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area
Convention and Visitors Bureau(AACVB)
(EDC 2012-33)
Alderman Munns made a motion to approve a Sixth Amended Intergovernmental Cooperation Agreement
for the Aurora Area Convention and Visitors Bureau contingent upon the commitments made 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 Teeling.
Alderman Munns made a motion to table this to the October 2, 2012,EDC meeting. So moved by
Alderman Milschewski; seconded by Alderman Funkhouser.
Motion tabled by a roll call vote. Ayes-8 Nays-0
Munns-aye Spears-aye, Colosimo-aye,Funkhouser-aye,
Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye
PUBLIC SAFETY COMMITTEE REPORT
Ordinance 2012-31 Amending the Liquor Code Regarding the Number of Patio Licenses
(PS 2012-24)
Alderman Colosimo made a motion to approve an Ordinance Amending the Code of Ordinances
Providing for Liquor Control Regarding Beer Garden/Patio Licenses and authorize the Mayor and City
Clerk to execute; seconded by Alderman Munns.
Alderman Colosimo said a new, Mexican restaurant was going in that was requesting a patio license.The
City is only creating the license. It is not approving giving it to the specific restaurant. That restaurant has
to apply to the liquor commissioner. The City only has eight patio licenses which are all being used. This
restaurant is going to bring in new business. They want a patio. To give this restaurant an opportunity to
apply,the City has to make a new patio license.
Motion 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
The Minutes of the Regular Meeting of the City Council—September 25,2012—Page 4 of 5
KenCom Lease Agreement Veto Discussion
(PS 2012-25)
Alderman Colosimo made a motion to veto the lease agreement approved by the KenCom Executive
Board on August 23,2012 between Kendall County and KenCom for the use of the basement at the
Kendall County Public Safety Center; seconded by Alderman Munns.
Alderman Spears stated to veto,the City would need two municipalities. Plano is not going to support the
veto. Mayor Golinski was told Oswego abstained. Alderman Spears said Yorkville is solo again.
Alderman Munns asked about Plano's change of heart. Alderman Spears stated Plano thought it was
useless. Alderman Colosimo felt it was a matter of principal and Yorkville should still veto.
Motion 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
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
No report.
PLAN COMMISSION
Success in the Suburbs,Inc.—Amended Special Use Mile& '/Review
(PC 2012-06)
Mayor Golinski entertained a motion to recommend to the Kendall County Board to approve an amended
special use permit for a public horse facility within the Equestrian Estates at Legacy Farm Subdivision
located at 17 Ashe Road in unincorporated Kendall County. So moved by Alderman Spears; seconded by
Alderman Milschewski.
Community Development Director Barksdale Noble said this is straight forward.Nothing changes. Mayor
Golinski asked if the County approved this and she stated the County had already looked at it but had not
approved it. Alderman Teeling didn't understand why this needed a vote.Mayor Golinski stated it is part
of the review process. Community Development Director Barksdale Noble stated the City has an option
to oppose it. City Attorney Orr stated if opposed it would then trigger more than a simple majority
approval on the part of the County Board. It is an important consideration.
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
Souk Hemintharong—Rezoning Mile& '/Review
(PC 2012-07)
Mayor Golinski entertained a motion to recommend to the Kendall County Board to approve rezoning the
Souk Hemintharong property located in unincorporated Kendall County at 7400 East Highpoint Road
from R-1 One Family Residence to A-1 Agricultural. So moved by Alderman Milschewski; seconded by
Alderman Koch.
Motion approved by a roll call vote. Ayes-8 Nays-0
Funkhouser-aye,Milschewski-aye,Teeling-aye,Koch-aye,
Kot-aye,Munns-aye, Spears-aye, Colosimo-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
Agency On Aging
Alderman Spears reported on the Agency on Aging. (See attached.)
The Minutes of the Regular Meeting of the City Council—September 25,2012—Page 5 of 5
Jeremy Kuehn Special Olympics
Alderman Spears wanted to encourage people to support a special Olympic athlete,Yorkville resident
Jeremy Kuehn and his family. (See attached)
Hometown Days
Mayor Golinski gave an update on Hometown Days. There was a big turnout. A day was lost due to rain.
He praised the staff and recognized Scott Sleezer and Tim Evans.He also mentioned the rivalry between
the Park Board and the City Council to raise tips at the beer tent on Friday night. About $300 was raised.
He suggested that the City donate the money to Jeremy Kuehn.
STAFF REPORT
No report.
ADDITIONAL BUSINESS
Old Jail
Alderman Colosimo clarified the comment in regards to the old jail. The City did nothing under the table.
The City followed state law and went out for an RFP. The RFP is open to the public and anyone can make
a bid.Mayor Golinski stated it will be published at minimum three times in the newspaper. Stephenie
Todd, Oswego, appreciated Alderman Colosimo's clarification. She thinks they are talking about two
different issues. She was referring to before the RFP went out. She heard that someone from the City was
showing perspective buyers the property. That is when the donations and volunteers stopped.
EXECUTIVE SESSION
Mayor Golinski entertained a motion to go into Executive Session for the purpose of collective
negotiating matters and a litigation update. So moved by Alderman Colosimo; seconded by Alderman
Funkhouser.
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 City Council entered Executive Session at 7:59 p.m.
The City Council returned to regular session at 8:08 p.m.
MAYOR'S REPORT CONTINUED
Collective Bargaining Agreement between the Illinois FOP Labor Council Representing
Yorkville Sergeants and the United City of Yorkville
(CC 2012-54)
Mayor Golinski entertained a motion to approve a Collective Bargaining Agreement between the Illinois
FOP Labor Council Representing Yorkville Sergeants and the United City of Yorkville and authorize the
Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Spears.
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
ADJOURNMENT
Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski;
seconded by Alderman Funkhouser.
Adjournment of the meeting was unanimously approved by a viva voce vote.
Meeting adjourned at 8:09 p.m.
Minutes submitted by:
40 v6v, ��
Beth Warren,
City Clerk, City of Yorkville,Illinois
9/25/2012
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NCG Yorkville Cinemas
Kendall Crossing
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Neighborhood Cinema Group
NCG Yorkville Cinemas
Neighborhood Cinema Group is a Family owned
and operated theater company since 1985
�? Headquartered in Owosso, MI
"NCG" currently operates 14 Theaters
with 135 screens
� NCG prefers to operate in smaller communities
� NCG is active in all communities it operates in
NCG Currently has theaters in Michigan,
Indiana, Tennessee and Georgia
�° NCG will only build One theater at a time
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,t, 100%Stadium Seating
't NCG Xtreme—Proprietary to NCG
70 ft. screen, Upgraded Leather Recliners, not limited by
releases from IMAX this theater can play any movie in
NCG Xtreme! Including 3D
_. Free Refills on all sizes of drinks and popcorn
w Proposed open date November 15, 2013
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SENIOR SERVICES ASSOCIATES, INC. DAY
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11►;;i; WHEREAS, on August 31, 1973, the Senior Services Associates, Inc. was established with
►�..=•;: a mission to be a non-profit agency dedicated to sustaining and improving the quality of
life for individuals and their caregivers by providing access to the social services they
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!�;►;�:%4 WHEREAS, Senior Services Associates, Inc. was designated by the Illinois Department on ';��i►1'
(1i►�•i�� Aging to be the Care Coordination Unit for Kane, Kendall, and McHenry counties. There ♦•',►�1/1
111111��,�, is now a total of five offices located in McHenry, Crystal Lake, Elgin, Aurora and ���//11111
11; ; ; Yorkville serving over 27,000 seniors; and ; ail
WHEREAS, in 2011, Senior Services Associates served over 27,000 seniors and their
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highest quality of life possible in their own homes as long as safely manageable; and to !J••�'1'll
111►11;� ; assist seniors and their families making choices and decisions when other options must be
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Illlh��r' WHEREAS, as Care Coordination Units (CCU's) we are "one stop shopping centers" for ��11111
. �►�,,:.�, services for adults, 60 years and older. In order to best advocate for seniors in the •,�,,
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1�►,►� j Committee, American Society on Aging, and a number of county organizations.
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11►►;;-?;1►'a=.;:; NOW THEREFORE 1, Mayor Gary J. Golinski, do hereby p roclaim Friday, October 19,
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►►� 2012 as Senior Services Associates, Inc. Day in the United City of Yorkville and do hereby .,•=..III
call upon all residents of this great city to join me in supporting the aims and goals of this �•1�1�11
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111 tad this 25`x' day of September, 2012, A.D. ���11111�1
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Community& Liaison Report—Agency on Aging
Report received from Alderman Spears
09-25-12
LIAISON REPORT
AREA AGENCY ON AGING
The FY2013 budget passed by the Illinois General Assembly
did not include funding for the Illinois Cares Rx pharmaceutical
assistance program. The Circuit Breaker property tax rebate
program is still authorized but will not be funded for FY2013.
After the budget was adopted, a bill reinstating Illinois Cares
was introduced in the Senate, with an income limit of twice of
poverty level and an asset limit equal to that for federal extra
help. No comparable bill had been introduced in the House, and
the Senate bill's prospects were uncertain. Illinois Cares Rx
enrollees who also receive federal extra help will suffer little
loss of benefits, and enrollees with AIDS have a special
program for those costly drugs, but most other Illinois Cares
enrollees will have only their Part D plan from July 1 on. Some
drug manufacturers offer free or low-cost drugs to low income
patients, but some exclude Medicare beneficiaries, and it is
often a complicated process to apply for these drugs.
There had been some significant changes in the Medicaid long-
term care rules. The original dra#,,gf the bill would have reduced
the communii spouse asset allowance from $113,000 to
$2 = ed the monthly maintenance needs (income)
allowance from $2,800 to $1,700. The elder law bar had lobbied
successfully to restore these levels to last year's amounts,
$109,000 and $24739. The law also effectively eliminates
Community& Liaison Report—Agency on Aging
Report received from Alderman Spears
spousal refusal, which allows a spouse with separate assets
above the asset allowance to refuse to disclose the amounts,
without affecting the other spouse's Medicaid eligibility. Due to
support issues in the new law, they will no longer be able to do
that. Mr. Parsons said that this might have a negative impact on
those who had been married previously and brought assets to
the current marriage. This could discourage people in this
situation from marrying, or encourage them to seek a divorce or
legal separation in order to preserve those assets. He also said
that although CMS had mandated that the state not allow
pooled trusts, which are a form of a special needs trust for
those over the age of 65, Illinois had allowed it to continue. The
new state law says that such trusts are available only to those
who are wards of a county or have a state guardian.
Financial abuse of seniors — A recent study of financial
exploitation of seniors shows that seniors suffered at least $2.9
billion in losses to scams and other forms of abuse in 2010, a
12% increase in two years. The study by the MetLife Mature
Market Institute, the National Committee for the Prevention of
Elder Abuse, and Virginia Tech University reported that family
members and other trusted individuals are the most common
abusers. This often makes the victims reluctant to report abuse,
both because of the pain of acknowledging that their children or
other relatives and friends are abusive, and the fear of losing
control of their assets or being placed in a nursing home if the
abuse is revealed.
2
Community& Liaison Report—Special OIympics Athlete Jeremy Kuehn
Report received from Aldennan Spears
09/12
SUPPORT SPECIAL OLYMPICS ATHLETE
YORKVILLE RESIDENT, JEREMY KUEHN
January 30 through February 6, 2013, Special Olympics Athletes from
Illinois will join others from across the country and travel to Pyeongchang,
Korea.
Jeremy Kuehn of Yorkville has qualified to compete in cross country skiing.
Jeremy is 18 years old and lives in Yorkville. Jeremy has been with the
Kendall County Comets for about 8 years. Jeremy will be able to attend
the Winter World Games along with his coach; however, his parents will
have to pay for their travel expenses on their own.
1 would like to encourage Kendall County, especially Yorkville residents to
support Jeremy and his family.
REGULAR CITY COUNCIL MEETING
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