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Minutes of Village Board Meeting - November 28, 2006

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, John Jun, & Terry Houchens. Members absent: Barry Thompson. Also present: Jim Grabowski – Village Administrator, Chris Spesia – Village Attorney, Rob Tonarelli – Superintendent of Public Works, Lloyd Unland - Police Chief, Donna Buckley – Village Treasurer, Sean Kelly –Village Engineer, and 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 November 14, 2006 were reviewed. Trustee Mason moved, Trustee Horvat seconded the motion to approve the Village Board Meeting minutes of November 14, 2006 as presented.

Ayes: Mason, Horvat, Houchens, Martin & Jun

Nays: None

Absent: Thompson

Motion carried.

Minutes of Plan/Zoning Meeting of October 17, 2006 were reviewed - there were no questions or comments. President Briscoe noted that they will be placed on file.

Bills and Transfers – Trustee Martin noted that the Finance Committee had reviewed them and recommended their approval. Trustee Martin moved, Trustee Jun seconded the motion to approve the Bills and Transfers as presented.

Ayes: Jun, Horvat, Martin, Mason & Houchens

Nays: None

Absent: Thompson

Motion carried.

Treasurer's Report – Trustee Martin noted that the Finance Committee had reviewed the Treasurer's Report and recommended its approval. Trustee Martin moved, Trustee Houchens seconded the motion to approve the Treasurer's Report as presented.

Ayes: Houchens, Horvat, Martin, Mason & Jun

Nays: None

Absent: Thompson

Motion carried.

Public Forum – opened at 7:05 p.m. No one came forward.

Consent Agenda – Trustee Mason moved, Trustee Martin seconded the motion to approve the consent agenda. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Horvat, Jun, Houchens, Mason & Martin

Nays: None

Absent: Thompson

Motion carried.

Resolution Approving Pay Request to P. T. Ferro ($77,683.61) (2006-R-728)

Resolution Approving Pay Request to L.J. Dodd Construction ($49,642.21) (2006-R-729)

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

New ItemsPublic Hearing Annexation of Kaufman/Orloff Property (Ridge and Wildey Roads) - Administrator Grabowski stated that the property is located at the southwest corner of Ridge Road and Wildey Road. He went on to say that the Village had published the public hearing notice with the understanding that all documents and attachments would be ready. The documents and attachments were not ready for the board meeting so the public hearing would be continued until the December 19th village board meeting. Trustee Mason moved, Trustee Jun seconded the motion to continue the public hearing until the December 19th village board meeting. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Jun, Horvat, Martin, Mason & Houchens

Nays: None

Absent: Thompson

Motion carried.

Resolution Awarding the Low Bid for Mondamin Street Underground Utility Work to D. E. Thompson – Administrator Grabowski stated that out of seven bids D. E. Thompson was the lowest and that it is approximately 32% under the engineer’s estimate. Trustee Mason moved, Trustee Jun seconded the motion to approve Resolution #2006-R-730 awarding the low bid of $769,091.25 to D. E. Thompson of Minooka for underground utility improvements to Mondamin Street. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Mason, Horvat, Houchens, Martin & Jun

Nays: None

Absent: Thompson

Motion carried.

President Briscoe wished to appoint Trustee Mason as temporary chairman for items 11- B, C, D on the Village Board agenda due to the fact that the petitioner is his father, Gene Briscoe. Trustee Horvat moved, Trustee Jun seconded the motion to appoint Trustee Mason as temporary chairman for items 11-B, C, D on the Village Board agenda. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Mason, Horvat, Houchens, Martin & Jun

Nays: None

Absent: Thompson

Motion carried.

Ordinance Rezoning Property Located at 101 S. Osceola Street from R-2 Residential to B-1 Business District Plan/Zoning Case #2006-13 – Administrator Grabowski stated that the property is located directly across the street from the Crossings Business Center and would be a suitable parking area if and when the building would be expanded. Trustee Jun moved, Trustee Martin seconded the motion to approve Ordinance #2006-42 rezoning property located at 101 S. Osceola Street from R-2 Residential to B-1 Business District Plan/Zoning Case #2006-13 with condition of owner recording a covenant as referenced in section 5-9-4-J of the Village Code. Attorney Spesia stated that the covenant should be recorded so that it prohibits any other use other than off-site parking on the lot. Hearing no further comments or questions Chairman Mason called for a vote on the motion.

Ayes: Jun, Horvat, Martin, Mason & Houchens

Nays: None

Absent: Thompson

Motion carried.

Ordinance Granting a Variance on Property Located at 101 S. Osceola Street– Administrator Grabowski stated that the variance on the property was needed to develop into a parking lot. Off-Street parking spaces are 5’ from the property line and the petitioner is asking the setback to be 3.87’. Since the developer has no present plans to build on the lot, the variance was requested as an assurance if the need for the parking lot arises, and he would be able to build without having a problem. Trustee Horvat stated that he sees no hardship and felt that the Village Board should stick with the unanimous suggestion by the planning and zoning board in denying the request. He went on to say that if there was a specific plan in the future as to implement parking that included the full design to questions about storm water detention and landscaping issues he would reconsider the hardship then. Trustee Martin moved, Trustee Jun seconded the motion to approve Ordinance #2006-43 granting a variance request at 101 S. Osceola Street for development of a parking lot. Hearing no further comments or questions Chairman Mason called for a vote on the motion.

Ayes: Houchens, Martin, Mason & Jun

Nays: Horvat

Absent: Thompson

Motion carried.

Ordinance Amending Section 4-13-5 (B)(9)(G) – Landscaping and Screening, 5-2-5 – Definitions, 5-7-2(B) – General Provisions, 5-7-4 – B2, 5-8-2(B) – Operations Within Enclosed Buildings, and 5-13-6 – Fences and Hedges in Commercial and Industrial Zones, Plan/Zoning Case #2006-15 – Administrator Grabowski stated that the need for the change was to screen the truck docks on the large industrial buildings that are being built in the community. He went on to say that developers of industrial buildings will have the choice to screen the truck dock areas with either a masonry wall of the same material as the building, or a heavily landscaped berm. Trustee Mason moved, Trustee Jun seconded the motion to approve Ordinance #2006-44 amending Titles 4 and 5 of the municipal code regarding screening in industrial and commercial areas. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Martin, Houchens, Jun, Mason & Horvat

Nays: None

Absent: Thompson

Motion carried.

Resolution Accepting Plat of Dedication, Roman Catholic Archdiocese – Administrator Grabowski commented that the dedication is needed for complete access to and from St. Mary’s Cemetery and was secured at no cost to the Village. Trustee Martin moved, Trustee Houchens seconded the motion to approve Resolution #2006-R-731 accepting dedication of right of way for Ridge Road from the Archdiocese on the east side of Ridge Road. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Jun, Martin, Houchens, Horvat & Mason

Nays: None

Absent: Thompson

Motion carried.

Resolution Authorizing Change Order #3 to the Waste Water Treatment Plant Project– Trustee Mason moved, Trustee Horvat seconded the motion to approve Resolution #2006-R-732 authorizing change order #3 for the waste water treatment plant project to J. J. Henderson in the amount of $88,236.00.

Ayes: Martin, Houchens, Jun, Mason & Horvat

Nays: None

Absent: Thompson

Motion carried.

Resolution Authorizing Pay Request #17 to J. J. Henderson – Trustee Mason moved, Trustee Horvat seconded the motion to approve Resolution #2006-R-733 authorizing pay request #17 to J. J. Henderson in the amount of $219,048.09 for the waste water treatment facility expansion.

Ayes: Mason, Horvat, Houchens, Martin & Jun

Nays: None

Absent: Thompson

Motion carried.

Resolution Authorizing Change Order #3 to the Massasoit/Coady Street Underground Utility Project – Trustee Mason moved, Trustee Horvat seconded the motion to approve Resolution #2006-R-734 authorizing change order #3 for the utility upgrades and relocations on Massasoit, Coady, and Wabena Streets in the amount of $28,236.75. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Jun, Horvat, Martin, Mason & Houchens

Nays: None

Absent: Thompson

Motion carried.

Resolution Authorizing Pay Request #4 to the Massasoit/Coady Street Underground Utility Project - Trustee Mason moved, Trustee Jun seconded the motion to approve Resolution #2006-R-735 authorizing pay request #4 to C. Thompson in the amount of $23,957.78 for utility relocation and upgrades (sanitary, sewer, and water) for the Massasoit/Coady Street project. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Houchens, Horvat, Martin, Mason & Jun

Nays: None

Absent: Thompson

Motion carried.

Resolution Authorizing Pay Request #5 to the Massasoit/Coady Street Underground Utility Project – Trustee Mason moved, Trustee Horvat seconded the motion to approve Resolution #2006-R-736 authorizing pay request #5 to C. Thompson in the amount of $42,010.20 for utility relocation and upgrades (sanitary, sewer, and water) for the Massaoit/Coady Street project. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Horvat, Jun, Houchens, Mason & Martin

Nays: None

Absent: Thompson

Motion carried.

Resolution Authorizing Change Order #1 to the Massasoit/Coady Street Work – Administrator Grabowski stated that the change order was for a temporary asphalt overlay on Massasoit Street and Coady Drive for the winter months. He went on to say that without the overlay the compacted gravel that was installed during the utility upgrades would not withstand the weather or traffic. Trustee Mason moved, Trustee Jun seconded the motion to approve Resolution #2006-R-737 authorizing change order #1 for the Massasoit/Coady Street to P. T. Ferro in the amount of $3,550.

Ayes: Jun, Martin, Houchens, Horvat & Mason

Nays: None

Absent: Thompson

Motion carried.

Staff Reports –Administrator Grabowski stated that the December monthly calendar was in the board’s mailboxes and that the Citizen’s Advisory Committee meeting is scheduled for November 28th at 6:30 p.m. He also stated that the tree lighting ceremony was scheduled for December 7th at 6:00 p.m. at the village hall and that an open house on the road construction was scheduled for December 13th at 5:00 p.m. at the village hall.

Parks/Recreation/Public Safety Committee Report – Trustee Houchens stated that the next Parks/Recreation/Public Safety Committee meeting was scheduled for December 18th at 4:00 p.m.

Public Works Committee Report – Trustee Mason in the absence of Chairman Thompson had nothing to report.

Finance/Personnel Committee Report – Chairman Martin stated that the next finance committee meeting was scheduled for December 18th at 5:00 p.m.

Ordinance Committee Report – Chairman Mason stated that the next ordinance committee meeting was scheduled for December 14th at 4:30 p.m.

Economic Development/Public Relations/Committee Report – Trustee Jun in the absence of Chairman Thompson had nothing to report.

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 Martin moved, Trustee Horvat seconded the motion to go into executive session to discuss pending litigation at 7:40 pm.

Ayes: Mason, Horvat, Houchens, Martin & Jun

Nays: None

Absent: Thompson

Motion carried.

Trustee Mason moved, Trustee Horvat seconded the motion to return from executive session at 7:50 p.m.

Ayes: Jun, Horvat, Martin, Mason & Houchens

Nays: None

Absent: Thompson

Motion carried.

Action from Executive Session – Trustee Martin moved, Trustee Houchens seconded the motion to approve a settlement agreement in Grundy County Court Case #06 Ch 44 (allowing a tattoo parlor to be located at 512 Twin Rail Drive, Suite #140). Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Horvat, Jun, Houchens, Mason & Martin

Nays: None

Absent: Thompson

Motion carried.

As Appropriate – President Briscoe stated that three different park proposals selected from the park committee would be brought to the Citizen’s Advisory Committee meeting on November 29th.

Trustee Horvat moved, Trustee Jun seconded the motion to adjourn the meeting at 7:55 p.m. All voted yes, motion carried.

Milissa Felker, Deputy Clerk

(Date approved)

 

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