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Minutes of Village Board Meeting - September 26, 2006President Jason Briscoe called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. Members present: John Horvat, Ray Mason, Barry Thompson, John Jun & Terry Houchens. Members absent: Dennis Martin. Also present: Lloyd Unland, - Police Chief, Chris Spesia – Village Attorney, Rob Tonarelli – Superintendent of Public Works, Chuck White –Village Building Inspector, Sean Kelly – Village Engineer, & Donna Buckley – Village Treasurer. Changes to Agenda – President Briscoe stated that Item 11K would be removed from the agenda. Review of Minutes – Minutes of Village Board Meeting of September 12, 2006 were reviewed. Trustee Jun moved, Trustee Houchens seconded the motion to approve the minutes of the Village Board Meeting of September 12, 2006 meeting as corrected. Page 2 under old items (resolution awarding low bidder for purchase of a wheel loader) Trustee Horvat voted present instead of abstain. Ayes: Mason, Thompson, Horvat, Houchens & Jun Nays: None Absent: Martin Motion carried. Bills and Transfers – Trustee Houchens noted that the Finance Committee had reviewed them and recommended their approval. Trustee Houchens moved, Trustee Jun seconded the motion to approve the Bills and Transfers as presented. Treasurer Donna Buckley had no additions or corrections. Ayes: Thompson, Jun, Horvat, Mason & Houchens Nays: None Absent: Martin Motion carried. Treasurer’s Report – Trustee Houchens noted that the Finance Committee had reviewed the Treasurers Report and recommended its approval. Trustee Houchens moved, Trustee Jun seconded the motion to approve the Treasurer’s Report as presented. Treasurer Donna Buckley had no additions or corrections. Ayes: Houchens, Horvat, Mason, Jun & Thompson Nays: None Absent: Martin Motion carried. Public Forum – opened at 7:06 p.m. – Jerry Davidson of 24901Canal Road, Minooka, IL wished to thank the Village for help with this years Summerfest and stated that the Lion’s Club would be giving $3,000 to the summer camp fund. He asked the question of whether the Mondamin Street roadwork would be done before next year’s summerfest and President Briscoe stated that it should be. Glen Schieberl of 107 Pioneer Drive, Minooka, IL wanted to thank Donna Buckley for the nice work on putting up the pictures of previous mayors on the wall in the board room. Consent Agenda – Trustee Thompson moved, Trustee Jun seconded the motion to approve the consent agenda. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Horvat, Jun, Thompson, Houchens & Mason Nays: None Absent: Martin Motion carried. Resolution Approving Pay Request for Testing Services at Wastewater Plant, Midwest Testing ($410) (2006-R-702) Resolution Authorizing Membership Payment to Grundy Economic Development Council ($5,000) (2006-R-703) Old Items – There were no old items to be considered. New Items –Resolution Approving Preliminary and Final Plats for Olsen Subdivision, PZC Case #2006-11– Administrator Grabowski commented that the subdivision consisted of two lots, lot one being 45,449 square feet and lot two being 48,108 square feet in size. He also commented that the owner would be dedicating thirty feet (30’) of right-of-way for Wapella Street. Trustee Thompson moved, Trustee Mason seconded the motion to approve Resolution #2006-R-704 approving the preliminary and final plats for the Olsen Subdivision on Wapella Street. President Briscoe stated that this is the first subdivision that the board has considered since January of 2004. Hearing no further comments or questions President Briscoe called for a vote on the motion. Ayes: Mason, Thompson, Horvat, Houchens & Jun Nays: None Absent: Martin Motion carried. Resolution to Petition the Plan/Zoning Board for Proposed Change to Municipal Code Amending Sections 4-13-5 (B) (9) (G) – Landscaping and Screening, 5-2-5 – Definitions, 5-7-2 (B) – General Provisions, 5-7-4, B2 – Commercial District, 5-8-2 (B) – Operations Within Enclosed Buildings, and 5-12-6 – Commercial and Industrial Zones - Trustee Mason moved, Trustee Jun seconded the motion to approve Resolution #2006-R-705 proposing amendments to the municipal code. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Thompson, Jun, Horvat, Mason & Houchens Nays: None Absent: Martin Motion carried. Ordinance Amending Title 8, Chapter 4 of the Municipal Code Regulating Animals – Administrator Grabowski commented that the ordinance would encourage responsible pet ownership, protect animals from neglect and abuse, and keep residents from annoyance, injury and property damage from animals. Trustee Mason moved, Trustee Jun seconded the motion to approve an ordinance amending Title 8, Chapter 4 of the municipal code regulating animals. Trustee Horvat commented that after reviewing the ordinance he feels that some of the articles are too restrictive for some animal situations and he feels that by adopting the ordinance the way it is written would cause some animal situations to become illegal, so he would like to see this situation be continued to a workshop meeting to discuss further. Trustee Horvat moved to table the ordinance to a workshop but no one seconded the motion. He went on to say that one part of the ordinance stated that "keeping of dogs and cats may be a public nuisance by reason of their howling, barking and whining," and another part stated that it was unlawful for any person to allow or cause any animal to "run at large". He stated that defining animals running at large would make outdoor-cat owners open to legal action. He went on to say that it is not easy to bring an outdoor cat indoors and also said that cats are normally not kept on a leash. Though dogs could be kept on a leash in a yard, there is nothing stopping an outdoor cat from hopping a fence and getting out into the neighborhood. He noted definitions for "running at large" differed in areas of the ordinance. First in the ordinance, animals at large are said to be "dogs only" and later in the ordinance it refers to "animals" not just dogs. Attorney Spesia commented that he would like to look over the ordinance for consistency about animals running at large and apprehension of animals running at large. Trustee Thompson commented that with the village population growing, cats can be a nuisance and would not like to be awaken at night by cats under his window or have someone scratched by a cat running at large. He went on to say that the board had been trying to come up with an ordinance for the last two years through committees and workshops only for it to fall to the wayside and did not want that to happen again so he wanted the board to vote on it as a suggestion. Trustee Houchens asked Trustee Horvat where we should draw the line on animals? Should the question be, "does the village want outdoor cats in town?" He went on to say that he was only in favor of tabling the situation because he thought there had to be some clarification, but if the only thing that is being deleted is "cats," then he is voting no to tabling the issue. Trustee Horvat moved, Trustee Houchens seconded the motion to table the ordinance to send to the Ordinance Committee for revisions and reviews by the attorney. Ayes: Horvat & Mason Nays: Jun, Houchens & Thompson Absent: Martin Motion failed. Trustee Horvat went on to say that the statement he was trying to make was about the inconsistency of "dogs running at large." Attorney Spesia stated that by changing "instead of any dog running at large" it should read "any animal running at large" and would clear up any inconsistency in the ordinance. Trustee Horvat stated that he had spoken to a veterinarian who stated that anywhere from 25 to 50 percent of the town’s cats are outdoor and notated that no cat stays within the boundary of its yard. He wanted to know what to tell citizens to do with their outside cats when the situation comes up. Trustee Thompson moved, Trustee Jun seconded the motion to amend language under definitions to read "from any dog found running at large" to "any animal found running at large." Ayes: Mason, Thompson & Jun Nays: Horvat & Houchens Absent: Martin Motion carried. Trustee Houchens commented that he felt that by tabling this issue to the next board meeting there could be some response from the public due to the fact that it would be put in the papers and the village could get some feedback from citizens. Trustee Houchens moved, Trustee Horvat seconded the motion to reconsider tabling the ordinance to the next meeting. Ayes: Houchens, Mason & Horvat Nays: Thompson & Jun Absent: Martin Motion carried. Ordinance Amending Section 8-1-1, Adding Position of Police Administrator – Trustee Mason moved, Trustee Jun seconded the motion to approve Ordinance #2006-35 establishing the position of police department administrator. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Horvat, Jun, Thompson, Houchens & Mason Nays: None Absent: Martin Motion carried. First Read: Ordinance Amending Sections 5-2-5, 5-8-3 (C), and 5-9-3 (C) of the Municipal Code Adding Impervious Surface Ratio – Administrator Grabowski commented that letters had been sent to industrial developers with the proposed code changes and that staff had not received any comments on the proposals. Some of the recommended changes in the definitions of impervious surfaces would include, "areas of permanently standing water" or wet bottom detention ponds. Resolution Authorizing Execution of a Recapture Agreement with Headlands Realty Corporation (AMB Corporation) for Traffic Signals at Ridge Road and Future International Parkway – Trustee Thompson moved, Trustee Jun seconded the motion to approve Resolution #2006-R-706 authorizing execution of a recapture agreement with Headlands Realty Corporation (AMB Property) for traffic signal installation at Ridge Road and International Drive. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Thompson, Jun, Horvat, Mason & Houchens Nays: None Absent: Martin Motion carried. Resolution Approving Change Order #1 for Massasoit/Wabena Project, C. Thompson – Trustee Thompson moved, Trustee Mason seconded the motion to approve Resolution #2006-R-707 authorizing change order #1 to C. Thompson & Sons for sanitary sewer and upgrades for the Massasoit/Wabena project in the amount of $1,802.16. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Houchens, Horvat, Mason, Jun & Thompson Nays: None Absent: Martin Motion carried. Resolution Approving Pay Request #1 for Massasoit/Wabena Project, C. Thompson – Trustee Thompson moved, Trustee Mason seconded the motion to approve Resolution #2006-R-708 authorizing pay request #1 to C. Thompson & Sons for sanitary sewer and upgrades for the Massasoit/Wabena project in the amount of $172,293.67. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Horvat, Jun, Thompson, Houchens & Mason Nays: None Absent: Martin Motion carried. Resolution Approving Letter of Credit Reduction Request, Lakewood Trails 2A– Trustee Thompson moved, Trustee Mason seconded the motion to approve Resolution #2006-R-709 reducing a letter of credit for the Lakewood Trails, Unit 2A development in the amount of $427,680.94. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Jun, Houchens, Horvat, Thompson & Mason Nays: None Absent: Martin Motion carried. Resolution Approving Letter of Credit Reduction Request, Lakewood Trails 2B – Trustee Thompson moved, Trustee Houchens seconded the motion to approve Resolution #2006-R-710 reducing a letter of credit for the Lakewood Trails, Unit 2B development in the amount of $178,350.00. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Jun, Houchens, Horvat, Thompson & Mason Nays: None Absent: Martin Motion carried. Resolution Approving Letter of Credit Reduction Request, Summerfield Units 1 & 2A – Trustee Thompson moved, Trustee Horvat seconded the motion to approve Resolution #2006-R-711 reducing a letter of credit for earthwork and soil erosion control at Summerfield Subdivision, Units 1 and 2A in the amount of $2,399,983.99. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Houchens, Thompson, Jun, Mason & Horvat Nays: None Absent: Martin Motion carried. Staff Reports – Administrator Grabowski stated that if anyone had any last minute questions on the IML conference in Chicago they should direct their questions to Donna Buckley or Mary Ray. He also stated that a board workshop is scheduled for October 5, 2006 at 6:30 pm. Also the four-way stop at Misty Creek and Creekside Circle was installed on Friday, September 22, 2006. Parks/Recreation/Public Safety Committee Report – Chairman Houchens had nothing to report Public Works Committee Report – Chairman Thompson had nothing to report. Finance/Personnel Committee Report – Trustee Jun in the absence of Chairman Martin had nothing to report. Economic Development/Public Relation Committee Report – Chairman Thompson stated that on October 7th the village board would be at Bean Encounters from 9:00 am – 10:30 am to meet and greet residents. He also commented that the Trick-or-Treat hours would be 4pm–7pm on Tuesday, October 31st. Ordinance Committee Report – Chairman Mason had nothing to report. Liquor Commission Report – Chairman Briscoe had nothing to report. Annexation Committee Report – Chairman Briscoe had nothing to report. Executive Session – President Briscoe announced that there was a need for an executive session and entertained a motion. Trustee Houchens moved, Trustee Thompson seconded the motion to go to executive session to discuss collective bargaining at 7:58 p.m. President Briscoe called for a vote on the motion. Ayes: Thompson, Jun, Horvat, Mason & Houchens Nays: None Absent: Martin Motion carried. Trustee Jun moved, Trustee Thompson seconded the motion to return to regular session at 9:51 p.m. Ayes: Houchens, Horvat, Mason, Jun & Thompson Nays: None Absent: Martin Motion carried. President Briscoe noted that there was no action to be taken from executive session. Hearing no further questions or comments President Briscoe called for adjournment. Trustee Jun moved, Trustee Thompson seconded the motion to adjourn the meeting at 9:52 p.m. All voted yes, motion carried. Milissa Felker, Deputy Clerk
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