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Minutes of Village Board Meeting - December 16, 2009

MINUTES OF VILLAGE BOARD MEETING
TUESDAY, DECEMBER 16, 2009

President Patrick Brennan called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. Members present: Rudy Martin, Ray Mason, Dennis Martin, Dick Parrish, Terry Houchens and Barry Thompson. Also present: Jim Grabowski – Village Administrator, Steve Pala – Assistant Village Administrator, John Harrington – Finance Director, Rob Tonarelli – Superintendent of Public Works, Doug Hayse –Chief of Police, Justin Meyer – Deputy Police Chief, Steve Thornton – Building & Zoning Officer, Chris Spesia – Village Attorney and Kevin Biscan of Robinson Engineering.

Changes To Agenda – President Brennan stated that there was one change to the agenda. Agenda item number 11D would be removed. Jim Grabowski explained that the there had been no chance to review the proposed agreement from Brian Zabel & Associates, PC for audit services and they would postpone to the January 26, 2010 Village Board meeting. There were no comments or objections.

Review of Minutes – Minutes of Village Board Meeting of November 24, 2009 were reviewed. Trustee Houchens moved, Trustee Parrish seconded the motion to accept the minutes of November 24, 2009 village board meeting as presented.

Ayes: Parrish, Houchens, D. Martin and R. Martin

Nays: None

Abstain: Mason

Absent: Thompson

Motion carried.

Bills and Transfers – Trustee D. Martin moved, Trustee Mason seconded the motion to approve the Bills and Transfers as presented with the additional open invoices given to the Board before the meeting, dated December 16, 2009 in the amount of $575,111.98. Trustee Parrish asked for a description of Tee’s Plus which was listed in the bills. He was told that they were t-shirts purchased for the Drug Awareness Resistance Education (DARE) Program. Trustee Thompson entered the meeting at 7:05 p.m. President Brennan called for a vote on the motion.

Ayes: R. Martin, Parrish, D. Martin, Mason, Houchens and Thompson

Nays: None

Motion carried.

Treasurer's Report – Trustee D. Martin moved, Trustee Houchens seconded the motion to approve the Treasurer's Report as presented. Hearing no comments or questions President Brennan called for a vote on the motion.

Ayes: Houchens, Parrish, D. Martin, Mason, R. Martin and Thompson

Nays: None

Motion carried.

Public Forum – President Brennan announced the winners of the Christmas House Decorating Contest and asked them to come forward for their cash awards. Third place was the Golas Family at 1603 Creekside Circle in Chestnut Ridge Subdivision; second place was the Jacknick Family at 371 Coneflower Drive in Lakewood Trails Subdivision; and first place went to the Kopstain Family of 304 Prairie Ridge Drive of Prairie Ridge Subdivision. Photos were taken of each family with President Brennan and Trustee Rudy Martin, Chairman of the Public Relations Committee.

President Brennan then asked Miss Sabrina Schaffer to come forward to be recognized for her acts of charity and goodwill toward the help of others. He read the proclamation which said she was 10 years old and had used her talent of cookie baking to raise more than $300 to share with the IL Fire Safety Alliance Annual Burn Camp and the food pantry at the United Methodist Church of Minooka, among others. He encouraged the community to extend their appreciation to Miss Schaffer for her contributions to the betterment of the Village of Minooka. Photos were taken of her with President Brennan and Trustee R. Martin.

President Brennan then opened public forum at 7:11 p.m. John Jun, Chairman of 2009 Summerfest and former Village Trustee came forward and stated that he wished to thank all of the thousands of people who had volunteered over the last 25 years that Summerfest had been held in the Village and presented the Village with a plaque. It was complete with a copy of the 25th celebration flyer and the engraved cake server attached on the bottom as a remembrance of the cake served at the celebration on August 22nd of this year. He asked President Brennan to display it in a place of honor to thank all of the volunteers. Public Forum was closed at 7:13 p.m.

Consent Agenda – Mr. Grabowski read each item listed on the Consent Agenda and noted that all had been discussed at the Committee of The Whole and were recommended for approval by the Board. Trustee Thompson moved, Trustee Mason seconded the motion to approve the consent agenda.

Ayes: Parrish, R. Martin, Thompson, Houchens, Mason and D. Martin

Nays: None

Motion carried.

Resolution Approving Release of Soil Erosion and Sediment Control Bond, Parkers Square (2009R-1257)

Resolution Approving Request for Letter of Credit Reduction, Summerfield, Unit 2A (2009R-1258)

Resolution Approving Request for Letter of Credit Reduction, Meadows 5th Addition (2009R-1259)

Resolution Approving Change Order #1 for Twin Rail Paving Project to D Construction, $2,694.00 (2009R-1260)

Resolution Approving Pay Request #2 for Twin Rail Paving to D Construction to D Construction, $2,706.00 (2009R-1261)

Resolution Approving Pay Request #1 for Prairie Ridge Paving Improvement to D Construction $71,176.71 (2009R-1262)

Resolution Approving Pay Request #6 for Ferguson Boulevard Construction Project to D Construction, $429,926.12 (2009R-1263)

Resolution Approving Pay Request #4, Rivers Edge Drive Construction to D.E. Thompson Excavating, $8,172.86 (2009R-1264)

Resolution Approving Pay Request #4 for Various Underground Public Utility Improvements to D.E. Thompson, $11,605.68 (2009R-1265)

Old Items – there were no old items to be considered.

New Items – Public Hearing to Consider the Terms of a Proposed Annexation Agreement, Poor Clares of Joliet – President Brennan opened the public hearing at 7:16 p.m. an associate of the law firm representing the Poor Clares of Joliet, Mr. Bill Cassian came forward to address the Board. He stated that his firm had agreed to approve the annexation agreement as drafted and the plats would be provided by the end of the year. He asked the Board to approve the annexation subject to the above as bids on the project were due and time was of the essence.

Mr. Grabowski reminded the Board that the Poor Clares of Joliet was an IL not-for-profit corporation with 30 acres of land in unincorporated Grundy County, adjacent to the corporate limits of the Village. The Sisters of Poor Clares of the Annunciation operate the property as a convent and monastery with buildings containing offices, sanctuary, living cells, work rooms, and accessory buildings for temporary visitors and retreats, a greenhouse and garage. They also use portions of the property for a cemetery, and agricultural/forestry operations. They perform operations and sales associated with monastery activities, such as the publication and sale of pamphlets and religious items. He further explained that the property is served by municipal water pursuant to a Water Service Agreement entered into with the Village in 1995 and currently utilizes a septic system for water treatment.

They plan to expand their main building to include an additional chapel, an infirmary and dwelling units for up to thirty persons. The existing septic system would need to be enlarged and reconfigured but the location of the flood plain there makes this impractical. They have petitioned for annexation to expand their existing facilities and connect to the Village sewer system.

Mr. Grabowski listed the key provisions discussed at the November Committee of the Whole meeting:
1. Article III rezones property to R1 with a conditional use for a Monastery, Convent and other related uses.
2. Article IX permits the petitioner to connect to the Village sewer system but exempts them from the sewer connection fee of $600.
3. Article VIII specifies a dedication of 60 feet from the center line for Minooka Road.

Hearing no questions or comments, President Brennan closed the public hearing at 7:22 p.m. Mr. Rob Tonarelli entered the meeting at 7:27 p.m.

Ordinance Authorizing the Execution of an Annexation Agreement – Trustee D. Martin moved, Trustee Thompson seconded the motion to adopt Ordinance #2009-34 Authorizing Execution of an Annexation Agreement subject to execution of representative of Poor Clares of Joliet and receipt of the plat of dedication.

Ayes: R. Martin, D. Martin, Houchens, Parrish, Thompson, Mason and Brennan

Nays: None

Motion carried.

Ordinance Annexing Certain Territory into the Village of Minooka – Trustee Thompson moved, Trustee D. Martin seconded the motion to adopt Ordinance #2009-35 Annexing Certain Territory into the Village of Minooka.

Ayes: D. Martin, Houchens, Thompson, R. Martin, Mason and Parrish

Nays: None

Motion carried.

Ordinance Granting a Conditional Permitted Use – Trustee Thompson moved, Trustee Parrish seconded the motion to adopt Ordinance #2009-36 Granting a Conditional Permitted Use for a Monastery and Convent located in Grundy County, State of Illinois.

Ayes: Mason, Thompson, Parrish, Houchens, D. Martin and R. Martin

Nays: None

Motion carried.

Public Hearing to Consider the 2009 Property Tax Levy – Mr. Grabowski reminded the Board that they had previously discussed the ordinance and instructed Staff to move forward. The total levy recommended for 2009 was $3,287,741. This exceeds last year’s by more than 5% therefore a “Truth in Taxation” public hearing, properly noticed, was required to be held. President Brennan opened the public hearing at 7:25 p.m. Mr. Grabowski noted that the levy rate of .7023 represented a 12.3% increase from last year’s levy rate of 0.6254. The Village seeing a drastic decrease in sales tax revenue, has taken numerous measures to cut costs and to minimize the requested levy. However, to avoid drastic service level reductions or depletion of reserves, Staff believes that the levy is necessary.

No one came forward. President Brennan closed the public hearing at 7:31 p.m.

Ordinance Establishing the 2009 Property Tax Levy – Trustee D. Martin moved, Trustee Houchens seconded the motion to adopt Ordinance #2009-37 Establishing the 2009 Property Tax Levy.

Ayes: Thompson, R. Martin, Parrish, D. Martin and Houchens

Nays: Mason

Motion carried.

Resolution Accepting Proposal for Audit Services, Brian Zabel & Associates, PC – removed from the agenda. Will be discussed at a later date.

Resolution Authorizing the Execution of a Letter of Agreement with Nicor Gas for the Cash Option Versus Free Therms – Mr. Grabowski stated that the Village had a franchise agreement with Nicor and receives an allotment of free therms for the Village Hall and Public Works building and pays for the gas at the well houses and treatment plant. The Board had directed staff to move forward with the cash option for January 1st. An agreement is necessary in order to receive the cash instead of free therms. He further explained that the franchise agreement expires on July 6, 2011. By entering into the letter of agreement, the Village will receive the cash payments in 2010 and 2011 and can change back on January 1, 2012 if that is what they decide to do.

Motion made by Trustee D. Martin, seconded by Trustee Mason to pass Resolution #2009R-1266 Authorizing the Execution of a Letter of Agreement with Nicor Gas for the Cash Option Versus Free Therms.

Ayes: Houchens, Parrish, D. Martin, Mason, R. Martin and Thompson

Nays: None

Motion carried.

Resolution Authorizing Execution of a Purchase Agreement for Natural Gas – Mr. Grabowski noted that the Village was looking into entering into a purchase agreement for natural gas for January 1, 2010. They will take bids on Monday, December 28th or whatever date is determined based on the Letter of Agreement with Nicor. When the bids are received, the lowest qualified bid would need to be accepted on the same day and the purchase agreement would need to be signed. He added that it was discussed at the December 9, 2009 Committee of The Whole and recommended for approval. Motion made by D. Martin, seconded by Trustee Thompson to pass Resolution #2009R-1267 Authorizing Execution of A Purchase Agreement for Natural Gas.

Ayes: Parrish, R. Martin, Thompson, Houchens, Mason and D. Martin

Nays: None

Motion carried.

Staff Reports – Administrator Grabowski stated that Staff was meeting with Grundy County Highway Department and Grainger the following day and wished all a Merry Christmas. Trustee Parrish asked if they would be talking about the dark intersection on Holt Road. Mr. Grabowski replied that the intersection he was referring to was actually in Kendall County and that Chief Hayse was talking with the Kendall County Engineer. He also noted that they had contacted Jeff Hettrick the representative from ComEd about the lighting.

President Brennan wished everyone a Merry Christmas and Happy New Year.

Liquor Commission Report – Chairman Brennan had nothing to report.

Annexation Committee Report – Chairman Brennan had nothing to report.

Executive Session - President Brennan announced that there was a need for an executive session and entertained a motion. Trustee Thompson moved, Trustee Parrish seconded the motion to go to executive session at 7:38 p.m. for the discussion of land acquisition, probable litigation and collective bargaining.

Ayes: R. Martin, D. Martin, Houchens, Parrish, Thompson

Nays: None

Motion carried.

Trustee Parrish moved, Trustee Thompson seconded the motion to return to regular session at 8:19 p.m.

Ayes: R. Martin, D. Martin, Houchens, Parrish, Thompson

Nays: None

Motion carried.

President Brennan noted that there was no action to be taken as a result of Executive Session.

As Appropriate – Hearing no further comments or questions, President Brennan called for adjournment. Trustee Thompson moved, Trustee Parrish seconded the motion to adjourn the meeting at 8:20 p.m. All voted yes, motion carried.

 

Mary L. Ray, Village Clerk
Date approved: January 26, 2010

 

 


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The Village of Minooka, Illinois
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Minooka, IL  60447
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