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Minutes of Village Board Meeting - June 26, 2007MINUTES OF VILLAGE BOARD MEETING TUESDAY, JUNE 26, 2007 President Jason Briscoe called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. Members present: John Horvat, Dennis Martin, Barry Thompson, Dick Parrish, and Terry Houchens. Members absent: Ray Mason. Also present: Jim Grabowski - Village Administrator, Rob Tonarelli – Superintendent of Public Works, Lloyd Unland – Police Chief, Doug Hayse – Police Administrator, John Harrington – Village Finance Director, Chris Spesia - Village Attorney, Sean Kelly – Village Engineer, & Chuck White – Village Building Officer/Inspector. Changes To Agenda –President Briscoe stated that there were no changes to the agenda. Review of Minutes – Minutes of Village Board Meeting of June 12, 2007 were reviewed. Trustee Thompson moved, Trustee Parrish seconded the motion to approve the minutes of the Village Board meeting of June 12, 2007 as presented. Ayes: Thompson, Houchens, Martin & Parrish Nays: None Present: Horvat Absent: Mason Motion carried. Minutes of Plan/Zoning Meeting of May 15, 2007 were reviewed – there were no questions or comments. President Briscoe noted that they will be placed on file. Bills and Transfers – Trustee Martin moved, Trustee Houchens seconded the motion to approve the Bills and Transfers as presented. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Thompson, Parrish, Horvat, Martin & Houchens Nays: None Absent: Mason Motion carried. Treasurer's Report – Trustee Martin moved, Trustee Houchens seconded the motion to approve the Treasurer's Report as presented. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Houchens, Horvat, Martin, Parrish & Thompson Nays: None Absent: Mason Motion carried. Public Forum – Before opening the public forum President Briscoe asked Chief Unland to introduce the three new police officers for the Village. Chief Unland introduced Mike Gebert, Matt Hann, and Matt Juras to the Board. President Briscoe then opened the public forum at 7:06 p.m. Andy Spindler of 709 Longwood Court, Minooka, IL commented about the fact that he had read in the paper about builders having to put in sidewalks where there were empty lots in a subdivision. He stated that he has a mound of dirt next to his lot that is full of bricks and kids play on the dirt hill all the time. There is about a 15 foot drop off on the hill. He feels that someone is going to get hurt. He is continuously chasing kids away so they don’t get hurt. President Briscoe asked Rob Tonarelli (Supt. of Public Works) if the sidewalks were all done in this subdivision and Mr. Tonarelli stated that most were complete but in this phase of the subdivision it does not meet the criteria yet which means that it hasn’t been five years since the final plat was approved. President Briscoe and Administrator Grabowski stated that they would look at the list to be sure that this year’s list was complete. Lisa Vogelsanger of 710 Longwood Court, Minooka, IL commented about the empty lot also, in the fact that it should be cleaned up too, because she is continually chasing kids off the hill. She then went on to say that last year she had stated to the Village that she had a curbing issue in front of her house. She has a cement driveway and the water collects on the driveway when it is hot and algae forms and even over the winter the ice collects on the driveway. She feels that her street was never completed and thinks that it never got the top part of asphalt. She also stated that there is only one sewer for nine houses and that it is on the corner of Edgewater Drive and Longwood Court and she lives fives or six houses back and that the water sits in front of her house. She wondered if anyone could look at it. Administrator Grabowski stated that Rob Tonarelli and Sean Kelly had looked into it and didn’t come to a conclusion yet but will report to the Board when there is a solution. She also went on to say that her stepson was one of the riders in the subdivision that rides a motorcycle on her lot only, and hopes it can continue because he is a good kid and doesn’t cause any problems. Rick Rolinskas of 707 Overlook Court, Minooka, IL commented about the issue of dirt bikes. He feels that the letters that were written in the paper about the citations that were issued were obvious lies. He knows of two tickets that were issued and after they were issued the kids stopped riding behind the houses, but instead on their own property. He wondered if it is illegal to ride on their own property. Administrator Grabowski stated that it was not. Mr. Rolinskas stated that the dirt bikes that the kids are riding are no louder than a riding lawn mower. He then asked if he could see the 244 citations that were written and wondered if the citations were just on the kids riding the dirt bikes or citations for the whole subdivision. Chief Unland stated that he would go over the citations when Mr. Rolinskas had time. President Briscoe then stated that we need to find a solution and that Mr. Rolinskas should take Chief Unland up on his offer to see the reports. President Briscoe went on to say that everyone should be able to live together in the village, no matter what neighborhood. Mr. Rolinskas then stated that he hopes to retire in this town because he really likes the town and hopes that things can be worked out. Hearing no other comments President Briscoe closed the public forum at 7:22 p.m. Consent Agenda – Trustee Thompson asked that Item 9B (Resolution Approving Pay Request No. 2 for Lions Park Redevelopment Project to The Kenneth Company) be removed from the consent agenda and President Briscoe stated that it would become Item 11O. Trustee Martin moved, Trustee Thompson seconded the motion to approve Items 9A, C and D on the consent agenda. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Thompson, Parrish, Horvat, Martin & Houchens Nays: None Absent: Mason Motion carried. Resolution Approving Pay Request #2 for Ridge Road Reconstruction to Kendall County and "D" Construction in the amount of $310,786.99. (2007-R-819) Resolution Approving Letter of Credit Request for Release, Grand Ridge Unit 3 to C. Thompson & Sons in the amount of $44,931.28. (2007-R-820) Resolution Approving Letter of Credit Request for Release, Ridge North Sewer & Water Project to C. Thompson & Sons in the amount of $319,383.10. (2007-R-821) Old Items – there were no old items to be considered. New Items – Public Hearing to Consider Terms of Amendment to Annexation Agreement, Twin Rail Industrial Park 2 – President Briscoe opened the public hearing at 7:25 p.m. No one came forward. Trustee Martin moved, Trustee Horvat seconded the motion to continue the public hearing to consider the terms of amendment to the annexation agreement, for Twin Rail Industrial Park 2 to the next regular board meeting. Ayes: Parrish, Martin, Houchens, Horvat & Thompson Nays: None Absent: Mason Motion carried. Resolution Approving an Amendment to the 2007/2008 Fiscal Year Budget for the General Fund and the Waterworks/Sewerage Fund, Tractor Purchase – Trustee Martin moved, Trustee Thompson seconded the motion to approve Resolution #2007-R-822 authorizing an amendment to the 2007/2008 fiscal year budget for the general fund and the waterworks/sewerage fund for the purchase of a tractor in the amount of $17,651.00. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Houchens, Horvat, Martin, Parrish & Thompson Nays: None Absent: Mason Motion carried. Ordinance Amending Village Code Section 8-2-7 Regarding Fireworks – Administrator Grabowski stated that any person, firm, co-partnership or corporation who is guilty of knowingly possessing or discharging any fireworks shall be fine. For the first violation the new rule will result in at least a two hundred ($200.00), the second violation within a one year period would carry a fine of at least four hundred dollars ($400.00) and the third violation or subsequent violations within a one year period would carry a fine of at least six hundred dollars ($600.00). He went on to say that the ordinance would take effect immediately. Trustee Martin moved, Trustee Parrish seconded the motion to approve Ordinance #2007-29 amending village code section 8-2-7, regulating fireworks. Trustee Houchens commented that he agrees with the philosophy of the ordinance but thought that the $200.00 was quite extreme for the first offense. Trustee Thompson agreed with Trustee Houchens about the fines being too extreme but thought that if the board was really serious about the importance of the safety of the residents than maybe the fine should be $500.00 for the first offense. Chief Unland commented that it is not a money issue but a safety issue. Trustee Parrish stated that we needed to make a statement because fireworks have gotten bigger and bigger each year and it makes for a hazard especially if they are in the hands of children. Trustee Thompson then questioned whether the public would know about the new ordinance before the Fourth of July. Chief Unland commented that a news release would be published after the meeting and that he would have extra police patrols for the nights before, during and after the Fourth of July and that his officers will confiscate illegal fireworks. Hearing no further questions President Briscoe called for a vote on the motion. Ayes: Horvat, Parrish, Thompson, Houchens & Martin Nays: None Absent: Mason Motion carried. Resolution Authorizing Execution of a Business Associate Agreement, McHenry County Council of Governments – Trustee Houchens moved, Trustee Horvat seconded the motion to approve Resolution #2007-R-823 authorizing execution of a business associate agreement with McHenry County Council of Governments in establishing a health insurance cooperative. Ayes: Parrish, Martin, Houchens, Horvat & Thompson Nays: None Absent: Mason Motion carried. Ordinance Granting Conditional Permitted Use to Allow a Drive-Through in B2 Zoning District (Case #2007-10), GPD Group -Taco Bell – Trustee Thompson moved, Trustee Martin seconded the motion to approve an ordinance granting a conditional permitted use for a drive-through facility use in a B-2 Zoning District for Lot 4 (Taco Bell) along with the site plan. After further discussion Trustee Martin moved, Trustee Parrish seconded the motion to amend the original motion to remove the site plan from the resolution. Ayes: Martin, Houchens, Thompson, Parrish & Horvat Nays: None Absent: Mason Motion carried. President Briscoe then asked for a vote on the original motion without the site plan. Trustee Thompson moved, Trustee Martin seconded the motion to approve Ordinance #2007-30 granting a conditional permitted use for a drive-through facility use in a B-2 Zoning District for Lot 4 (Taco Bell). Ayes: Martin, Houchens Thompson, Parrish & Horvat Nays: None Absent: Mason Motion carried. Resolution in Support of Abatement for Macy’s Inc. – Administrator Grabowski stated that Macy’s would purchase the building of which would be a nice start to attracting tenants to the Minooka-Ridge Industrial Park. He went on to say that the program consists of a three year program where in the first year of full assessment Macy’s would receive an abatement of 75%, the second year they would receive an abatement of 50%, and the third year they would receive an abatement of 25%. This is the first agreement in Kendall County. Trustee Thompson moved, Trustee Houchens seconded the motion to approve Resolution #2007-R-824 supporting a tax abatement incentive with Macy’s Inc. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Houchens, Horvat, Martin, Parrish & Thompson Nays: None Absent: Mason Motion carried. Resolution in Support of Abatement for WMC Inc. – Administrator Grabowski stated that WMC. Inc is a millwright, machine shop, and welding facility wanting to locate to the Twin Rail Drive Industrial Park. It will bring 70-80 high paying skilled labor positions with the company. He went on to say that the program consists of a three year program where in the first year of full assessment WMC.Inc would receive an abatement of 75%, the second year they would receive an abatement of 50%, and the third year they would receive an abatement of 25%. Trustee Thompson moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-825 supporting a tax abatement incentive with WMC. Inc. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Horvat, Parrish, Thompson, Houchens & Martin Nays: None Absent: Mason Motion carried. Resolution Authorizing Execution of a Recapture Agreement, Crossroads of Minooka – Trustee Thompson moved, Trustee Horvat seconded the motion to approve Resolution #2007-R-826 authorizing execution of a recapture agreement with The Crossroads of Minooka for burial of the overhead utilities on Ridge Road. Ayes: Parrish, Martin, Houchens, Horvat & Thompson Nays: None Absent: Mason Motion carried. Ordinance Amending Section 5-3-8 of Municipal Code, Regulating Buildable Area – Trustee Thompson moved, Trustee Martin seconded the motion to approve Ordinance #2007-31 amending Section 5-2-5, definitions, and Section 5-3-8, permitted accessory buildings structures, and uses in required yards. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Martin, Houchens, Thompson, Parrish & Horvat Nays: None Absent: Mason Motion carried. Ordinance Amending Section 3-12 of Municipal Code, Regulating Raffles – Trustee Thompson moved, Trustee Parrish seconded the motion to approve an ordinance amending Section 3-12 of the municipal code regulating raffles. After further discussion Trustee Martin moved, Trustee Thompson seconded the motion to amend the original motion to include amending Section 3-12-2 to read "if the aggregate retail value of all prizes or merchandise is more than $10,000" instead of $5,000 which is stated in the ordinance and amend Section 3-12-8 to read "the fee for such a license to conduct a raffle shall be $250.00" instead of $100.00 which is stated in the ordinance. Ayes: Thompson, Parrish, Horvat, Martin & Houchens Nays: None Absent: Mason Motion carried. President Briscoe then asked for a vote on the original ordinance as amended. Trustee Thompson moved, Trustee Parrish seconded the motion to approve Ordinance #2007-32 amending Section 3-12 of the municipal code regulating raffles. Ayes: Thompson, Horvat, Houchens, Martin & Parrish Nays: None Absent: Mason Motion carried. Resolution Authorizing Execution of an Intergovernmental Agreement with the Village of Channahon and Channahon Park District for the DuPage River Boat Access Development Grant – Trustee Houchens moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-827 authorizing execution of an Intergovernmental Agreement with the Village of Channahon and the Channahon Park District for the DuPage River boat access development grant. Hearing no comments or questions President Briscoe called for a vote on the motion.earing no comments o Ayes: Thompson, Parrish, Horvat, Martin & Houchens Nays: None Absent: Mason Motion carried. Resolution Authorizing Execution of an Intergovernmental Agreement with the Department of Natural Resources for Boat Access Development – Trustee Houchens moved, Trustee Thompson seconded the motion to approve Resolution #2007-R-828 authorizing execution of an intergovernmental agreement with the Illinois Department of Natural Resources for a boat access development on the DuPage River parcel. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Houchens, Horvat, Martin, Parrish & Thompson Nays: None Absent: Mason Motion carried. Resolution Approving Award of Bid to Low Bidder for Water Tower Demolition – Trustee Thompson moved, Trustee Martin seconded the motion to approve Resolution #2007-R-829 awarding a bid to low bidder Iseler Demolition of Romeo, MI. for the blue water tower demolition in the amount of $22,300.00. Both Trustee Thompson and Trustee Houchens questioned how much it would cost to take the water tower off line and leave it for an historic landmark. Mr. Tonarelli stated that it would cost in excess of $150,000 to paint and do structural work on it. Hearing no further questions or comments President Briscoe called for a vote on the motion. Ayes: Horvat, Parrish, Thompson, Houchens & Martin Nays: None Absent: Mason Motion carried. Resolution Authorizing Execution of an Intergovernmental Agreement for Animal Control Services with Grundy County – Administrator Grabowski stated that the most significant change is that the county would not routinely patrol outside Grundy County, even within the Village limits. What they would do would be to respond on a complaint basis and for an extra fee. Trustee Martin moved, Trustee Thompson seconded the motion to approve Resolution #2007-R-830 authorizing an execution of an intergovernmental agreement with Grundy County for animal control services. Ayes: Horvat, Parrish, Thompson. Houchens & Martin Nays: None Absent: Mason Motion carried. Resolution Approving Pay Request No. 2 for Lions Park Redevelopment Project to The Kenneth Company – Trustee Houchens moved, Trustee Martin seconded the motion to approve Resolution #2007-R-831 authorizing pay request No. 2 to The Kenneth Company for Lions Park redevelopment in the amount of $58,413.73. Trustee Thompson questioned when the park would be opened and Administrator Grabowski and Trustee Houchens stated that hopefully by July 16th. Hearing no other comments or questions President Briscoe called for a vote on the motion. Ayes: Parrish, Martin, Houchens, Horvat & Thompson Nays: None Absent: Mason Motion carried. Staff Reports – Administrator Grabowski stated that a Committee of the Whole meeting was scheduled for Thursday, June 28th at 7:00 p.m. He also stated that the Village Hall would be closed on July 4th. Economic Development/Public Relations Committee Report – Chairman Thompson stated that The Movie in the Park "Happy Feet" was re-scheduled for Friday, July 13th at the Junior High School. Liquor Commission Report – Transfer of White Hen D1 License to 7-Eleven, Inc. at "Parkers Square" – Trustee Thompson moved, Trustee Parrish seconded the motion to approve the transfer of White Hen D1 License to 7-Eleven, Inc. at "Parkers Square." Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Martin, Houchens, Thompson, Parrish & Horvat Nays: None Absent: Mason Motion carried. Ordinance Amending Section 3-4-7 of Municipal Code, Increasing Number of A3 Licenses for Aurelio’s Pizza at "Crossroads of Minooka" – Trustee Thompson moved, Trustee Parrish seconded the motion to approve Ordinance #2007-33 amending Section Title 3, Section 3-4-7 (A) of the municipal code to increase the number of Class A3 liquor licenses from 1 to 2. The license is intended for Aurelio’s Pizza to be located at the Crossroads of Minooka shopping center at Ridge Road and Mondamin Street. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Parrish, Martin, Houchens, Horvat & Thompson Nays: None Absent: Mason Motion carried. 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 Horvat moved, Trustee Thompson seconded the motion to go into executive session to discuss pending and probable litigation at 8:25 p.m. Ayes: Thompson, Horvat, Houchens, Martin & Parrish Nays: None Absent: Mason Motion carried. Trustee Thompson moved, Trustee Martin seconded the motion to return to regular session at 8:45 p.m. Ayes: Thompson, Parrish, Horvat, Martin & Houchens Nays: None Absent: Mason Motion carried. President Briscoe noted that there was no action to be taken from executive session. Hearing no further comments or questions, President Briscoe called for adjournment. Trustee Thompson moved, Trustee Horvat seconded the motion to adjourn the meeting at 8:56 p.m. All voted yes, motion carried. Milissa Felker, Deputy Clerk Date approved: July 10, 2007
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