Minutes of Village Board Meeting - August 24, 2010

MINUTES OF VILLAGE BOARD MEETING
TUESDAY, AUGUST 24, 2010

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

Changes To Agenda – Agenda item 11H was added and will be ratified at the next regularly scheduled Village Board meeting so as not to delay the progress of the Wapella Street Park OSLAD Grant Work. The Resolution which considers awarding Alternate 5 for the Splash Pad to Frank Burla & Sons was inadvertently left off the agenda.

Review of Minutes – Minutes of Village Board Meeting of July 27, 2010 were reviewed. Trustee Houchens moved, Trustee Parrish seconded the motion to accept the minutes of July 27, 2010 Village Board meeting as presented.
Ayes: Mason, Thompson, Parrish, Houchens and D. Martin
Nays: None
Absent: R. Martin
Motion carried.

Bills and Transfers – Trustee D. Martin moved, Trustee Houchens seconded the motion to approve the Bills and Transfers as presented.
Ayes: D. Martin, Houchens, Parrish, Thompson and Mason
Nays: None
Absent: R. Martin
Motion carried.

Treasurer's Report – Trustee D. Martin moved, Trustee Houchens seconded the motion to approve the Treasurer's Report as presented.
Ayes: D. Martin, Houchens, Thompson, Mason and Parrish
Nays: None
Absent: R. Martin
Motion carried.

Public Forum
President Brennan opened and closed the public forum at 7:04 p.m. - no one came forward. He then asked Interim Police Chief Justin Meyer to come forward to recognize personnel from the Minooka Police Department. Chief Meyer invited the following officers from the Minooka Police Department to come forward for recognition:

Detectives Ryan McDonald and Kiedra Meece
Sergeants Sean Beeler, Matthew Chiniski, Gary Fiedler
Officers Bret Herzog, Erik Larson and Jason Wagenius

Officers Wagenius and Herzog were not able to be present. Chief Meyer stated that the recognition was for action of the police personnel on May 24, 2010 following a shooting incident at the Pilot Travel Center where a victim was shot by a violent offender wanted for murder. He commended the officers for the professionalism displayed which resulted in the apprehension of the offender. He also remarked that their dedication to duty along with their professionalism and commitment to excellence reflected on themselves and the Minooka Police Department and the Village of Minooka and for that he wanted to award them a Department Citation. He described the Department Citation as an effort under conditions, including all staff members involved in support of departmental operations, distinguishing themselves by effectuating the protection of life and property. President Brennan congratulated each recipient, individually and thanked them for their efforts. He commented that everyone was very proud of the force and felt very lucky to have them.

Chief Meyer then recognized Sergeant Sean Beeler and noted that he was the one who located and gave chase and did what he had to do to stop the violent offender. For that he awarded Beeler the Exceptional Service Award for his credible act which showed initiative and accomplishment in the apprehension of a murderer and attempted murder suspect. His dedication to duty, professionalism and commitment to excellence reflects safe credit on himself and the Minooka Police Department and the Village of Minooka.

All the recipients were then congratulated individually by the Village Board. President Brennan noted that Chief Meyer had also been present during the arrest of the offender and he wanted all to know that although he can’t give himself an award, the Village also appreciated his actions that day, along with the others.

Consent Agenda – Mr. Grabowski read the titles of 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. Trustee Thompson moved, Trustee Parrish seconded the motion to approve the consent agenda as presented.
Ayes: Thompson, Parrish, D. Martin, Mason and Houchens
Nays: None
Absent: R. Martin
Motion carried.

• Resolution Approving Pay Request for Bell Road Paving Project to P.T. Ferro Construction ($28,512) (2010R-1350)
• Resolution Approving Pay Request for Hare and Wildey Road Tar and Chip Project to Seward Township ($31,966.50) (2010R-1351)
• Resolution Approving a Bond Release, Road Improvements, Summerfield-Wildey Road ($53,518.90) (2010R-1352
• Resolution Approving a Bond Release, Utility Extensions, Summerfield ($17,771.50) (2010R-1353)
• Resolution Approving Tag Day Request from Knights of Columbus, September 17 & 18, 2010 (2010R-1354)
• Resolution Approving Authorized Village Check Signers (2010R-1355)
• Ordinance Amending Section 9-1 of Municipal Code, Vehicle Weight limitations and Penalties (2010-22)
• Proclamation for Constitution Week, September 17-23, 2010

Old Items – There were no old items to consider.

New Items
Ordinance Granting Conditional Permitted Use for a Carwash at 101 E McEvilly Road (Plan/Zoning Case #2010-01) - Mr. Grabowski reminded the Board that the property was located just south of the Village Hall. It had operated in the past as a car wash but had been closed for approximately five years. As per municipal code, if a facility operating with a CPU has not operated in more than twelve months, the CPU expires. So it was necessary for the petitioner to request the CPU. The public hearing was held on June 15, 2010 and the Plan/Zoning Board of Commissioners recommended the Village Board approve the request subject to attorney and staff review of the site plan. Mr. Grabowski reported that the site plan was reviewed and the Village Attorney was working on the access easement necessary for safe exits from the wash bays. Also, the landscape plan was reviewed, amended and approved by staff. He asked that the Board consider adopting the ordinance conditional on the Village Attorney and the Village Engineer give final review to the legal description of the easement because of further tweaking by staff as late as that day. He also noted that the easement had language where if the CPU is revoked or expires, the easement expires. We have also amended the easement to include language which states that if the use changes the easement expires. Mr. Grabowski finally noted that in order to approve the petition to operate the business as a car wash, both the CPU and Acceptance of the Easement would need to be approved. Trustee Mason moved, Trustee Thompson seconded the motion to adopt Ordinance #2010-23 Granting Conditional Permitted Use to operate a Car Wash at 101 E McEvilly Road. Trustee Thompson asked about the plans for the existing lighting on the property. Mr. Grabowski replied that the plans called for the one on the west island (closest to the car wash and furthest north) would be removed; the light on the east island would remain. One of the petitioners, Ben Price was present at the meeting and replied that they planned on using the nicer light but he reassured the Board that they would make sure there was ample lighting. Trustee Mason noted that only one of the lights was currently operating. Mr. Grabowski added that technically, the Village owned all the lights so he believed it would be up to the Board to remedy when they fix the parking lot. Mr. Price remarked that they planned on reusing the one with the two lights on it for sure adding that a lot of car washing took place at night and they wanted to make sure there was adequate lighting and they would do whatever they needed to do. Hearing no further discussion, President Brennan called for a vote on the motion.
Ayes: Houchens, Parrish, D. Martin, Mason and Thompson
Nays: None
Absent: R. Martin
Motion carried.

Resolution Authorizing Granting an Easement at 101 E McEvilly Road - Mr. Grabowski explained that the easement agreement was for access from the car wash by the safest route to exit the wash bays. The new owners asked permission to cross the Village owned property to the west to provide greater distance between where their customers would enter the parking lot and where the Creamery customers pull away from the drive through window. They designed a roadway 15 feet wide, approximately 32 feet from the back of the Creamery building which should given enough sight distance to see anyone in the parking lot or pulling away from the window. They have made other site improvements and presented an acceptable landscape plan. Trustee Parrish moved, Trustee Mason seconded the motion to pass Resolution #2010R-1356 Granting an Easement for Ingress and Egress for Jett Superwash, LLC subject to final Village Attorney and Village Engineer approval.
Ayes: Parrish, Thompson, Houchens, Mason and D. Martin
Nays: None
Absent: R. Martin
Motion carried.

Resolution Authorizing Execution of Agreement with ComEd, Wapella Street Park – Mr. Grabowski stated that the resolution would permit execution of an advanced construction fee request from ComEd to perform the construction of relocating the above ground utilities within the park. Estimated total construction fee is $135,634.87; Village paid $25,000 of that in the design deposit with $110,634.87 remaining. This fee can be paid in two installments with $55,000 due now and the balance being whatever the balance of the construction is. Trustee Houchens moved, Trustee Thompson seconded the motion to pass Resolution #2010R-1357 Authorizing Execution of an Agreement with ComEd, Wapella Street Park.
Ayes: D. Martin , Houchens, Parrish, Thompson and Mason
Nays: None
Absent: R. Martin
Motion carried.

Resolution Authorizing Execution of a Utility Easement, Wapella Street Park – Mr. Grabowski stated that the resolution would provide an easement for ComEd to move the wires to. It is located on the south and east property lines of the park and is 15 feet wide. He then stated that ComEd had finalized the easement in their language late that afternoon and was placed before the Board for their consideration. He noted that Mr. Spesia had advised them to tweak it in one area to add language stating they would lease the current right-of-way back to us for recreational purposes. Discussion followed regarding the term of the proposed lease. Mr. Spesia stated that the goal was to get as long a lease as possible. Trustee Thompson thought he had heard of communities getting 99-year leases from ComEd for recreational purposes. Mr. Grabowski replied that he would look into that. Trustee Thompson moved, Trustee Parrish seconded the motion to pass Resolution #2010R-1358 Authorizing Execution of a Utility Easement, Wapella Street Park
Ayes: D. Martin, Houchens, Thompson, Mason and Parrish
Nays: None
Absent: R. Martin
Motion carried.

Resolution Authorizing Execution of a Separation Agreement – Mr. Grabowski noted that this resolution was a voluntary separation agreement with Donna Buckley in combination with the Early Retirement program recently approved by the Village. The terms will extend to her a 10% increase in pay retroactive to July 1, 2010 and lump sum payout of accrued sick time of $8460.36 for health insurance premiums. Trustee D. Martin moved, Trustee Mason seconded the motion to pass Resolution #2010R-1359 Authorizing Execution of a Separation Agreement.
Ayes: Mason, Thompson, Parrish, Houchens and D. Martin
Nays: None
Absent: R. Martin
Motion carried.

Appointment of the Village Treasurer – President Brennan announced that he wished to appoint John Harrington as Village Treasurer and entertained a motion to do so. Trustee Thompson moved, Trustee Parrish seconded the motion to appoint John Harrington as Village Treasurer.
Ayes: Thompson, Parrish, D. Martin, Mason and Houchens
Nays: None
Absent: R. Martin
Motion carried.

Resolution Appointing the Village IMRF Authorized Agent – President Brennan announced that Donna Buckley had also been the Village’s Illinois Municipal Retirement Fund agent and noted that he wished to appoint John Harrington to fill that position as well. He entertained a motion to that affect. Trustee D. Martin moved, Trustee Thompson seconded the motion to pass Resolution #2010R-1360 Appointing John Harrington, the Village Finance Director as the IMRF Authorized Agent.
Ayes: Houchens, Parrish, D. Martin, Mason and Thompson
Nays: None
Absent: R. Martin Motion carried.

Resolution Awarding of Alternate #5 to the Splash Pad – Wapella Street Park Project – Mr. Grabowski noted that this item had mistakenly been left off the meeting agenda. The direction from the Committee of The Whole meeting had been to have it on this meeting’s agenda. He suggested the Board consider the item at this meeting and ratify it at the September Village Board meeting. He explained that it was to award the bid of $133,750 to Frank Burla and Sons of Channahon, IL for the splash pad alternate to the Wapella Street Park improvement project. He noted that on July 20th the bids were opened and Frank Burla & Sons was the low bid over all but they were not the lowest bid for that alternative. The low bidder refused to extend the alternate bid price alone or without the base bid award. This would also waive the normal bidding procedure, as recommended by Village Attorney. Mr. Grabowski also noted that the resolution also would note Trustee Houchens moved, Trustee Thompson seconded the motion to pass a resolution Awarding the Alternate #5 to the Splash Pad at Wapella Street Park Project. Discussion followed. Trustee D. Martin expressed concern over the resulting status of the OSLAD Grant if we choose to build the splash pad at this time. He thought it might make it difficult to apply for an additional grant to finish the park at a later date. He was also concerned about having adequate Park Site Funds remaining for a future grant match if we build it now. Mr. Grabowski replied that Michelle of Upland Design had reviewed that and stated that the Village would still have five or six elements in a grant application. It would take some points away but they felt there would be enough activity left to make it a competitive application; Mark Yergler had agreed. Mr. Grabowski also noted that remaining funding if we build the restroom, storage building and the splash pad, the account would still be under $400,000. Trustee Houchens added that it would deplete the fund but we have a good, competitive price for the facility. Following further discussion, Trusteee Thompson moved, Trustee Houchens seconded the motion to table the issue until after Executive Session, later in the meeting.
Ayes: D. Martin, Houchens, Thompson, Mason and Parrish
Nays: None
Absent: R. Martin
Motion carried.

Staff Reports – Mr. Grabowski notified the Board that there would be a meeting the following day with the IL Dept. of Transportation regarding the State Route #6 and Waters Edge Drive, and that Sean Kelly and Brian Brown from Robinson Engineering would be attending.. He also noted that there was still room to sign up for the 5K Race in the Minooka Lions Club Summerfest celebration if anyone wanted to sign up.

Liquor Commission Report – Liquor Commissioner Brennan announced that there was a request for an extension of one hour the night of Summerfest from Skinny’s Bar & Grill. This would require the Board to amend Village Ordinance to alter the hours of operation on Saturday night from 1:00 a.m. to 2:00 a.m. Following discussion, consensus of the Board was to deny the request. Trustee Mason moved, Trustee D. Martin seconded the motion to allow Skinny’s Bar & Grill to remain open one hour longer from 1:00 a.m. to 2:00 a.m. on Summerfest night this year. Trustee D. Martin commented that he had seconded the motion to get it on the floor. He stated that he fully intends to vote against it as he believed it to be an extremely bad precedence. He has been there going on twelve years and never saw anything like it before; an accident waiting to happen. Trustee Thompson agreed and stated that he believed if Skinny’s really wanted to change in their hours of operation, it should be for every Saturday night, not just on Summerfest night. Hearing no further comments, President Brennan called for a vote on the motion.
Ayes: None
Nays: Mason, Thompson, Parrish, Houchens and D. Martin
Absent: R. Martin
Motion carried.

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 7:46 p.m. to discuss personnel and pending litigation.
Ayes: D. Martin, Houchens, Parrish, Thompson and Mason
Nays: None
Absent: R. Martin
Motion carried.

Trustee Thompson moved, Trustee Parrish seconded the motion to return to regular session at 8:43 p.m.
Ayes: D. Martin, Houchens, Parrish, Thompson and Mason
Nays: None
Absent: R. Martin
Motion carried.

Action From Executive Session – President Brennan stated that there was action from executive session. Resolution Authorizing Execution of a Settlement Agreement and Release with Vulcan Materials Co. and Carolina Casualty Insurance Co. - Mr. Grabowski stated that the resolution authorizing execution of a settlement agreement involving Vulcan Materials Co. and Carolina Casualty Insurance Co. with regard to the Prairie Ridge Subdivision and the lawsuits which were brought against the Village. Mr. Spesia further explained that the one lawsuit brought against the Village by Vulcan and the other suit was against Carolina Casualty the Village filed as a claim on the bond and the claim wasn’t satisfied. The settlement agreement satisfies both of these cases. Trustee Thompson moved, Trustee Parrish seconded the motion to pass Resolution #2010R-1361 Authorizing Execution of a Settlement Agreement and Release with Vulcan Materials Co. and Carolina Casualty Insurance Co..
Ayes: Parrish, Thompson, Houchens, Mason and D. Martin
Nays: None
Absent: R. Martin
Motion carried.

Resolution Awarding of Alternate #5 to the Splash Pad – Wapella Street Park Project – Mr. Grabowski stated that following earlier discussion, he had brought in the bid tabulation for the project and noted that everything else was bid as an alternative from phase 2 and $229,253 worth of work remains, excluding the restroom building and splash pad. So we could apply for a grant for half of that.

Trustee Mason moved, Trustee Thompson seconded the motion to remove the agenda item off the table for consideration.
Ayes: D. Martin, Houchens, Thompson, Mason and Parrish
Nays: None
Absent: R. Martin
Motion carried.

The question was whether or not to go forward with the splash pad or wait for the next grant cycle in July of 2011 with possible notification put off until December 2011 or January 2012. It was noted that the actual construction would have to be put off until spring of 2012 and portions of the park would need to be closed during the construction. It was also noted that it was believed residents would like to see the splash pad sooner rather than later as the existing one is very well received.

Trustee Houchens moved, Trustee Thompson seconded the motion to pass Resolution #2010-1262 Awarding the Alternative Five for the Splash Station for Wapella Street Park OSLAD Work to Frank Burla and Sons of Channahon, IL in the amount of $133,750. Trustee Houchens commented that he normally is in favor of going for the grant cycle but he feels two years down the road for construction and no guarantee we would get the grant. With it being such an extremely popular piece of equipment, citizens would benefit greatly by taking the money to build it now. Hearing no further comment, President Brennan called for the vote.
Ayes: Parrish, Mason, Thompson, Houchens and D. Martin
Nays: None
Absent: R. Martin
Motion carried.

As Appropriate – President Brennan announced that he would like to see the meeting dates changed for the September Committee meetings and the Village Board meeting as he was planning on being out of town. He asked if the Board would be available on the 21st instead of the 28th. Discussion followed regarding the subsequent scheduling of the committee and Committee of The Whole meetings. Trustee D. Martin moved, Trustee Mason seconded the motion to approve changing the September Village Board meeting to September 21, 2010 as requested by the Village President.
Ayes: Thompson, Parrish, D. Martin, Mason and Houchens
Nays: None
Absent: R. Martin
Motion carried.

Hearing no further comments or questions, President Brennan called for adjournment. Trustee Houchens moved, Trustee Parrish seconded the motion to adjourn the meeting at 9:00 p.m. All voted yes, motion carried.

Mary L. Ray, Village Clerk
Approved: September 21, 2010

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