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Minutes of Village Board Meeting - December 19, 2007MINUTES OF VILLAGE BOARD MEETING President Jason Briscoe called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. Members present: John Horvat, Ray Mason, Dennis Martin, Barry Thompson, Dick Parrish and Terry Houchens. Also present: Jim Grabowski - Village Administrator, John Harrington – Village Finance Director, Doug Hayse – Police Chief, Chris Spesia - Village Attorney & Sean Kelly – Village Engineer Changes To Agenda –President Briscoe stated there were no changes to the agenda. Review of Minutes – Minutes of Village Board Meeting of November 27, 2007 were reviewed. Trustee Thompson moved, Trustee Horvat seconded the motion to approve the minutes of the Village Board meeting of November 27, 2007 as presented. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Parrish Nays: None Motion carried. 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, Mason & Houchens Nays: None 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, Mason, Parrish & Thompson Nays: None Motion carried. Public Forum – Before opening up the public forum President Briscoe acknowledged the winners of the holiday house decorating contest. 1st Place - The Golas Family of 1603 Creekside Circle, $100.00, 2nd Place: The Michalec Family of 704 Brita Trail, $75.00 and 3rd Place: The Cermak Family of 1568 Bluestem Court, $50.00. Public forum opened at 7:04 p.m. Jerry Davidson stated that Minooka’s Summerfest would be held on August 23, 2008. He went on to praise the public works department and C. Thompson & Sons for a great job in clearing the streets during the last snow storm. Hearing no other comments President Briscoe closed the public forum at 7:05 p.m. Consent Agenda – there were no items to be considered. Old Items – there were no items to be considered. New Items – Public Hearing for Tax Levy – President Briscoe opened the public hearing at 7:07 p.m. Douglas Vath of 703 Longwood Court commented about the increase in his tax bill. He stated that since moving here several years ago he has seen a drastic increase in his tax bill and does not approve of the tax levy. His taxes started at $4,000 and now they are almost $8,000. He stated that his wife was in the process of contesting their tax bill at the assessor’s office because he knows of homes substantially larger than his that pay less taxes than he does. President Briscoe and Mr. Grabowski tried to explain to him that the Village is roughly only 10% of his tax bill and that the Village is only looking at an increase of 6% of the levy. He went on to say that the Village is seeking to approve the same proposed tax rate as last year. President Briscoe then stated that the county assessor’s office had most likely increased his Estimated Accessed Valuation of his property and in turn that would boost his tax bill. Mr. Grabowski then asked Mr. Harrington to give Mr. Vath an example. Mr. Harrington stated that if a home had a value of $250,000, the difference between last year and this year, if the tax rate comes in as proposed, would be $32.50 on the village’s part. He also explained that the levy for 3,044,304 included an amount of $783,691 for debt that will be abated, which in turn brings the actual amount of taxes to be paid by the taxpayers to $2,260,613. Hearing no further comments or questions President Briscoe closed the public hearing at 7:22p.m. Ordinance Establishing the 2007 Tax Levy – Administrator Grabowski stated that the total recommended levy is $3,044,304 and that the proposed levy rate of 0.6872 represents a six percent increase from last year’s levy rate of 0.6482. He also stated that a significant portion of the increase in the dollar amount of the tax levy is due to the increase in the assessed valuation of property within the Village. The accessed valuation rose 21.9% from last year. The total property taxes to be levied for 2007 are $2,260,613. Trustee Martin moved, Trustee Houchens seconded the motion to approve Ordinance #2007-53 establishing the 2007 tax levy. Ayes: Horvat, Parrish, Thompson, Houchens, Mason & Martin Nays: None Motion carried. Ordinance Annexing Certain Properties (Yunker & Lundin/Liberty) – Administrator Grabowski stated that the property being annexed is for approximately 220 acres along Minooka Road. Trustee Thompson moved, Trustee Mason seconded the motion to approve Ordinance #2007-54 annexing certain properties (Yunker & Lundin/Liberty). Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Parrish, Martin, Houchens, Horvat, Thompson & Mason Nays: None Motion carried. Ordinance Zoning Certain Properties M-1, Manufacturing (Yunker & Lundin/Liberty) – Trustee Thompson moved, Trustee Houchens seconded the motion to approve Ordinance #2007-55 rezoning land from Grundy County Agriculture to Village of Minooka, M-1, Manufacturing. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Martin, Houchens, Thompson, Parrish, Mason & Horvat Nays: None Motion carried. Ordinance Adding Section 10-1A to Municipal Code, Regarding Construction of Facilities in Public Right-of-Way – Administrator Grabowski stated that it is very important that the Village adopt this ordinance prior to entering negotiations for the franchise renewal, or a new video provider starting service. Trustee Thompson moved, Trustee Houchens seconded the motion to approve Ordinance #2007-56 adding Section 10-1A to the Municipal Code, regarding construction of facilities in public right-of-way. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Parrish Nays: None Motion carried. Ordinance Adding Section 3-13 to Municipal Code, Regarding Cable and Video Customer Protection – Administrator Grabowski stated that it is very important that the Village adopt this ordinance prior to entering negotiations for the franchise renewal, or a new video provider starting service. Trustee Thompson moved, Trustee Houchens seconded the motion to approve Ordinance #2007-57 adding Section 3-13 to Municipal Code, regarding cable and video customer protection. Ayes: Thompson, Parrish, Horvat, Martin, Mason & Houchens Nays: None Motion carried. Ordinance Adding Section 3-12 to Municipal Code, Regarding Cable and Video Service Provider Fee and PEG Access Support Fee – Administrator Grabowski stated that it is very important that the Village adopt this ordinance prior to entering negotiations for the franchise renewal, or a new video provider starting service. Trustee Thompson moved, Trustee Parrish seconded the motion to approve Ordinance #2007-58 adding Section 3-12 to Municipal Code, regarding cable and video service provider fee and PEG access support fee. Ayes: Houchens, Horvat, Martin, Mason, Parrish & Thompson Nays: None Motion carried. Resolution Authorizing Execution of an Agreement for Administrative Services with David Taussig and Associates – Administrator Grabowski commented that David Taussig and Associates has been providing administrative services to the Village of Minooka in the managing of the Village of Minooka’s Special Assessment Areas for Lakewood Trails (Unit 1 & 1A), Lakewood Trails (Unit 2) and Prairie Ridge. Trustee Horvat moved, Trustee Houchens seconded the motion to approve Resolution #2007-R-924 authorizing execution of an administrative service agreement with Taussig and Associates for professional services. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Horvat, Parrish, Thompson, Houchens, Mason & Martin Nays: None Motion carried. Resolution Approving Pay Request No. 4 for Mondamin Street Reconstruction to "D" Construction Company – Trustee Thompson moved, Trustee Horvat seconded the motion to approve Resolution #2007-R-925 authorizing pay request No. 4 to "D" Construction in the amount of $200,586.78 for Mondamin Street reconstruction. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Parrish, Martin, Houchens, Horvat, Thompson & Mason Nays: None Motion carried. Resolution Approving Pay Request No. 6 for Road Reconstruction on Massasoit Street and Coady Drive to P. T. Ferro – Trustee Thompson moved, Trustee Horvat seconded the motion to approve Resolution #2007-R-926 authorizing pay request No. 6 to P. T. Ferro in the amount of $70,007.21 for Massasoit Street and Coady Drive reconstruction. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Martin, Houchens, Thompson, Parrish, Mason & Horvat Nays: None Motion carried. Resolution Approving Pay Request No. 6 for Road Reconstruction on Wabena Avenue to P. T. Ferro – Trustee Thompson moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-927 authorizing pay request No.6 in the amount of $41,428.42 for Wabena Avenue reconstruction. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Martin, Houchens, Thompson, Parrish, Mason & Horvat Nays: None Motion carried. Resolution Approving Pay Request No. 5 for Mondamin Street Utility Upgrades and Relocations to D. E. Thompson Excavating – Trustee Thompson moved, Trustee Horvat seconded the motion to approve Resolution #2007-R-928 authorizing pay request No. 5 to D. E. Thompson in the amount of $70,541.41 for utility upgrades and relocation on Mondamin Street. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Parrish Nays: None Motion carried. Resolution Approving Pay Request No. 1 and Final to Iseler Demolition for Removal of the Wabena Ave. (Blue) Water Tower – Trustee Mason moved, Trustee Thompson seconded the motion to approve Resolution #2007-R-929 authorizing pay request No. 1 and final to Iseler Demolition for removal of the Wabena Ave. blue water tower in the amount of $22,300. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Thompson, Parrish, Horvat, Martin, Mason & Houchens Nays: None Motion carried. Resolution Authorizing Purchase and Installation of HVAC Units for Village Hall – Trustee Martin moved, Trustee Thompson seconded the motion to approve Resolution #2007-R-930 authorizing purchase and installation of rooftop HVAC units at the Village Hall from Tamarack in the amount of $16,727. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Houchens, Horvat, Martin, Mason, Parrish & Thompson Nays: None Motion carried. Ordinance Amending Section 3-4-7(A) of Municipal Code (Liquor Control, Number of Liquor Licenses; Fees) – Trustee Thompson moved, Trustee Mason seconded the motion to approve Ordinance #2007-59 amending Section 3-4-7(A) of the municipal code increasing the number of Class A3 liquor licenses from 2 to 3. The liquor license is intended for Giordano’s Restaurant. Hearing no comments or questions President Briscoe called for a vote on the motion. Ayes: Horvat, Parrish, Thompson, Houchens, Mason & Martin Nays: None Motion carried. Staff Reports – Administrator Grabowski stated that a Committee of the Whole meeting is scheduled for December 20th at 7:00 p.m. 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 Mason moved, Trustee Thompson seconded the motion to go into executive session to discuss land acquisition and pending and probable litigation at 7:41 p.m. Ayes: Mason, Thompson, Horvat, Houchens, Mason & Parrish Nays: None Motion carried. Trustee Horvat moved, Trustee Houchens seconded the motion to return to regular session at 8:51 p.m. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Parrish Nays: None Motion carried. President Briscoe noted that there was action to be taken from executive session. Action from Executive Session – Resolution Authorizing Execution of a Real Estate Contract – Administrator Grabowski stated that the property is owned by Joseph Olsen located on Wapella Street and that it contains 8.5 – 10 acres which will be determined by an ALTA survey. One of the most significant proposed changes in the contract is a screening request, if the park is developed with ball fields and such. The seller is requesting a solid fence and a ten foot landscape buffer on the south property line of his house, the west property line of his house and the south property line of his children’s property. The Village has received an estimate from a fence company to install a six foot high cedar fence in the amount of $19,300. Trustee Horvat moved, Trustee Houchens seconded the motion to approve a resolution authorizing execution of a real estate contract with Joseph Olsen. President Briscoe asked if there were any questions or comments. Trustee Thompson moved, Trustee Horvat seconded the motion to amend the contract striking the sentence under Section #15 Screening that says, "If purchaser decided to install a fence, it will provide a 10 foot landscape buffer adjacent to the fence and on the Property so as to provide reasonable screening". Trustee Thompson feels that with the Village buying the property then the Village should be able to do what they want without being told what to do. If the Village chooses to put up a fence or landscape buffer it should be at our discretion. He feels that a fence would not be a good idea to start with due to the fact that it would be too restricting. Trustee Martin stated that he would be voting against the amendment due to the fact that he feels that the contract could be opened up again for renegotiating, if we decided to strike language. He feels that the Village has all the options the way the contract is written in the fact that a landscape beerier could be put up instead of a fence. He feels that the contract is saying "if we put a fence on the property line we should stand off 10 foot from the fence with active recreational use." Outside perimeters of parks are not usually active recreational use anyway. He went on to say that the Village requires a setback on side yards of houses that are zoned R-2 and this property is zoned R-2 and feels that this clause would make no difference in the contract. What the contract is saying is that if a fence is put on the property line it should be 10 feet off the line for the park. President Briscoe then called for a vote on the amended the resolution. Ayes: Horvat & Thompson Nays: Houchens, Martin, Mason & Parrish Motion failed. Trustee Horvat moved, Trustee Houchens seconded the motion to approve Resolution #2007-R-931 authorizing execution of a real estate contract with Joseph Olsen. Trustee Thompson stated that he was not supporting the contract for the stated reasons. He feels that it could be a burden on future boards as well as this board. He went on to say that he has always supported the purchase but not the clause in the contract. President Briscoe then stated that he was very happy that the Village was purchasing the property for several reasons. One reason was the fact that the Village is continuing the commitment to the citizens to purchase open space. The property is annexed and zoned R-2 residential and will not have houses built on it. It is in a section of town that is highly developed and with this purchase helps keep it open space. President Briscoe then called for a vote on the motion. Ayes: Parrish, Horvat, Martin, Mason & Houchens Nays: Thompson Motion carried. President Briscoe then excused himself from the meeting and stepped out into the audience at 9:01 p.m. Administrator Grabowski stated that as a result of executive session there was a motion to be made to direct action by the Village Attorney. Trustee Houchens moved, Trustee Thompson seconded the motion to authorize the Village Attorney on behalf of the Village to file a petition to intervene in Grundy County Case No. 07 CH 182 and to file a Complaint against all appropriate parties for breach of the Westwind Annexation Agreement as amended. Administrator Grabowski called for a vote on the motion. Ayes: Parrish, Houchens, Horvat, Thompson & Mason Nays: None Present: Martin Motion carried. President Briscoe re-entered the meeting at 9:04 p.m. Hearing no further comments or questions, President Briscoe called for adjournment. Trustee Thompson moved, Trustee Houchens seconded the motion to adjourn the meeting at 9:05 p.m. All voted yes, motion carried. Milissa Felker, Deputy Clerk Date approved: January 8, 2008
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