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Minutes of Village Board Meeting -MINUTES OF VILLAGE BOARD MEETING TUESDAY, AUGUST 14, 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, Dick Parrish & Terry Houchens. Members Absent: Ray Mason & Barry Thompson. Also present: Rob Tonarelli – Supt. of Public Works, Lloyd Unland, - Police Chief, Doug Hayse, Police Administrator, Sean Kelly – Village Engineer, & Chris Spesia – Village Attorney. Changes to Agenda – President Briscoe stated that there were no changes to be made. Review of Minutes – Minutes of Village Board Meeting of July 24, 2007 were reviewed. Trustee Martin moved, Trustee Horvat seconded the motion to approve the minutes of the Village Board Meeting of July 24, 2007 as presented. Ayes: Horvat, Martin & Parrish Nays: None Present: Houchens Absent: Mason & Thompson Motion carried. Bills and Transfers – To be presented at the August 28, 2007 meeting. Treasurer’s Report – To be presented at the August 28, 2007 meeting. Public Forum – opened at 7:02 p.m. Mr. Jerry Davidson of Canal Road, Minooka, IL stated that he wished to thank the Board, the Village and the police department for all the help to get through Summerfest this year. He then asked if Summerfest could be kept here at the Village Hall next year. President Briscoe commented that it would be opened to suggestions next year. Mr. Davidson also stated that he had heard a lot of positive feed back on the location. He went on to comment on the downtown construction. He stated that it would be nice to see someone working. Mr. Sean Kelly then commented that one of the delays in the work was due to unmarked SBC lines. Mr. Davidson then commented that his family had their family picnic out at Lion’s Park and wondered if the bathrooms could be left unlocked. President Briscoe stated that he had talked to Rob Tonarelli (Supt. of Public Works) about leaving the bathrooms open and that it would go before the Board for discussion. Hearing no further comments or questions President Briscoe closed the public forum at 7:06 p.m. Consent Agenda – There were no items to be considered. Old Items – Continued Public Hearing to Consider Terms of an Amendment to an Annexation Agreement, Twin Rail Industrial Park 2 – President Briscoe asked Administrator Grabowski to give an outline of the annexation agreement. Administrator Grabowski stated that the parcel is approximately 47.25 acres at the west end of Twin Rail Drive that it consists of 15 lots. Of the 15 lots, 13 lots are buildable for industrial buildings, one is for storm water and one is situated between the rail road right-of-way and ComEd right-of-way. Significant changes to the agreement are: A two (2) year freeze on codes. If during the term of the agreement any existing code is reduced or lessen, in its requirements or restrictiveness the property owner would benefit from less stricter requirements. The developer or owner agree to proper tax abatements for road construction at the request of the Village for specifically Ferguson Boulevard. The Village agrees to a two (2) year period that no new impact fees will be assessed. The owner is going to dedicate fifty (50) feet of right-of-way from the center line of McLindon Road with an addition twenty (20) foot utility and bike path easement east of the dedication, and shall construct McLindon Road improvements. McLindon Road will be improved and widened as needed to provide for two – 12’ wide lanes of traffic. The developer will dedicate seventy (70) feet of right-of-way for a public roadway extending Twin Rail Drive from its current end to McLindon Road and will extend to the Village a ten (10) foot utility and bike path easement on both sides of the extended Twin Rail Drive and will pay for Twin Rail to be extended from the existing terminus to McLindon Road. The developer will not object to the establishment of a Special Service Area. The developer will construct at their cost a lift station and force main the size established by the engineers. The developer will construct a 12-inch water main from its current terminus to McLindon Road. The developer will construct a 12-inch watermain north on McLindon Road from the access road from where Twin Rail Drive and McLindon Road to the CSX Railroad right-of-way. The developer will contribute ¼ of the costs of extending the water main under the CSX Railroad’s right-of-way. The developer will be entitled to recapture one-half (1/2) of the costs of extending the water line along McLindon Road. President Briscoe opened the public hearing at 7:10 p.m. No one came forward. New Items – Ordinance Authorizing Execution of an Amendment to an Annexation Agreement, Davidson/Twin Rail – Trustee Martin moved, Trustee Houchens seconded the motion to approve an ordinance authorizing execution of an amendment to an annexation agreement, for the Davidson/Twin Rail property. Administrator Grabowski had stated that he wanted the board to state in the motion that it is subject to a landscape plan due to the fact that the Village did not receive a landscape plan from the developer. Trustee Martin stated that normally the board approves landscaping plans with a final plat not with the preliminary plat. Administrator Grabowski commented that with an individual lot we ask for a landscaping plan but the Village had asked for the developer to give a landscaping plan for McLindon Road and that we have not received it. President Briscoe then stated that at two workshops the conversation was brought up. Trustee Martin questioned why we would have to make it conditional at this time. Attorney Spesia then commented that there is specific language in the agreement that has been in the agreement since negotiations started and that the landscape plan was attached as an exhibit and we do not have a plan. Attorney Spesia stated that he would feel better changing the language and move forward. Trustee Martin moved, Trustee Parrish seconded the motion to amend the original motion to read "final landscape plan to be submitted along with the final plat." President Briscoe expressed some frustration at not having the landscaping plan included. He went on to say that the Village had met with this developer on several occasions and that the landscaping plan was always part of the agreement and he is very disheartened that they would not provide the plan with the agreement at tonight’s meeting. He stated that he is not disagreeing that we can amend the motion but that it is frustrating that they did not provide the plan when it was originally in the agreement. Trustee Martin commented that there were significant advantages to the Village with this amendment, one of them being that the Village would get significant advantages in looping the water lines and have a development that would bring more industry than tax base to the schools and village and he would like to see the development move forward. He stated that the landscape plan would certainly be presented before they build anything or before a final plat is approved. Hearing no further comments or questions President Briscoe called for a vote on the proposed amendment to the original motion. Ayes: Martin, Houchens, Parrish, Horvat & Briscoe Nays: None Absent: Thompson & Mason Motion carried. President Briscoe then asked for a vote on the original motion as amended. Trustee Martin moved, Trustee Houchens seconded the motion to approve Ordinance #2007-40 authorizing execution of an agreement to amend and restate an existing annexation agreement as amended to include language stating final landscape plan to be submitted along with the final plat. Hearing no further comments or questions President Briscoe called for a vote on the motion. Ayes: Parrish, Horvat, Martin, Houchens & Briscoe Nays: None Absent: Thompson & Mason Motion carried. Resolution Approving Request for Financial Support of the 2007 Kendall Growth Conference – Administrator Grabowski stated that the Village has been a contributing sponsor of $100.00 for the past 3 years and that the $100.00 is to pay the cost of the conference to be held on October 26th. Trustee Houchens moved, Trustee Horvat seconded the motion to approve Resolution #2007-R-853 authorizing contribution to the Conservation Foundation for the Kendall Growth Conference in the amount of $100.00. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Houchens, Horvat, Martin & Parrish Nays: None Absent: Mason & Thompson Motion carried. Resolution Approving Professional Services Agreement with C. H. Schrader & Associates – Administrator Grabowski stated that the Village has retained C. H. Schrader’s services over the past year and that the Village was awarded a $50,000 Boat Access Area Development Grant for the development of the DuPage River parcel. The Village was also awarded a $400,000 OSLAD grant for Lions Park, a $58,500 Boat Access Area Development Grant and a $400,000 OSLAD grant for the Lakewood Trails Park. Trustee Horvat moved, Trustee Houchens seconded the motion to approve Resolution #2007-R-854 authorizing a professional services agreement with C. H. Schrader & Associates for a total amount of $13,000 paid quarterly. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Horvat, Parrish, Houchens & Martin Nays: None Absent: Thompson & Mason Motion carried. Resolution Approving Change Order for Lions Park Project, Kenneth Company – Administrator Grabowski stated that the change order is in the amount of $446.00. The change order is in four parts with the first part being a deduct of the horseshoe pits from Kenneth Company’s contract in the amount of $8,000 and the second part of the change order being electrical work to move the electrical panel off of the shelter and into the storage room between the bathrooms in the amount of $6,414 and the third part is an extension of a drainage pipe from the manifold vault out to the drainage channel in the amount of $1,460 and lastly the fourth part being excavation and backfill for asphalt paths in the amount of $572.00. He went on to say that the Public Works Department would be able to build the horseshoe pits at a significantly lower cost. Trustee Houchens moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-855 authorizing change order #2 for Lions Park OSLAD project in the amount of $446.00. Hearing no questions or comments President Briscoe called for a vote on the motion. Ayes: Parrish, Martin, Houchens & Horvat Nays: None Absent: Thompson & Mason Motion carried. Staff Reports –Administrator Grabowski stated that Lion’s Park is open and fully functional and that people are taking advantage of the splash station. The Village is planning an open house for Lions’ Park on Saturday, August 25th from 11:30 a.m. until 4:00 p.m. A ribbon cutting ceremony will take place at noon. He went on to say that a joint meeting between Minooka and Channahon was scheduled for Monday, August 27th at 7:00 p.m. at the Minooka Village Hall. 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 to discuss property acquisition, pending litigation, personnel and probable litigation. Trustee Martin moved, Trustee Houchens seconded the motion to go into executive session to discuss property acquisition, pending litigation, personnel and probable litigation at 7:35 p.m. Ayes: Horvat, Houchens, Martin & Parrish Nays: None Absent: Mason & Thompson Motion carried. Trustee Horvat moved, Trustee Houchens seconded the motion to return to regular session at 8:59 p.m. Ayes: Parrish, Horvat, Martin & Houchens Nays: None Absent: Thompson & Mason Motion carried. President Briscoe noted that there was no action to be taken resulting from Executive Session. As Appropriate – President Briscoe stated that starting the month of September the Wednesday Committee of the Whole meetings would be cancelled. The meetings will take place on the second and fourth Thursday’s of each month. Hearing no further comments or questions, President Briscoe called for adjournment. Trustee Parrish moved, Trustee Horvat seconded the motion to adjourn the meeting at 9:01 p.m. All voted yes, motion carried. Milissa Felker, Deputy Clerk Date approved: August 28, 2007
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