Minutes of Village
Board Meeting - May 22, 2007
MINUTES OF VILLAGE BOARD MEETING
TUESDAY, MAY 22, 2007
President Jason Briscoe called the meeting to order at 7:05
p.m. followed by the Pledge of Allegiance.
Members present: John Horvat, Ray Mason, Dennis Martin, Barry
Thompson, Dick Parrish & Terry Houchens. Also present: Jim
Grabowski – Village Administrator, Chris Spesia – Village
Attorney, John Harrington – Finance Director, Rob Tonarelli –
Superintendent of Public Works, Chuck White – Building & Zoning
Officer & Sean Kelly –Village Engineer.
Changes To Agenda –President Briscoe stated that the
Plan/Zoning Minutes would be removed from tonight’s agenda due
to the fact that they need to be approved by the Plan/Zoning
Board first and Items 11C & D would be moved until after
executive session making it Item 21 on the agenda. Agenda Item
21 "Appointment of Plan/Zoning Commissioner" would be removed
from tonight’s agenda.
Review of Minutes – Minutes of Village Board Annual
Meeting of May 8, 2007 were reviewed. Trustee Horvat moved,
Trustee Houchens seconded the motion to accept the minutes of
the Village Board annual meeting of May 8, 2007 as presented.
Hearing no comments or questions President Briscoe called for a
vote on the motion.
Ayes: Thompson, Parrish, Horvat, Martin & Houchens
Nays: None
Present: Mason
Motion carried.
Minutes of Reorganization Village Board Meeting of May 8,
2007 were reviewed. Trustee Thompson moved, Trustee Martin
seconded the motion to accept the minutes of the Village Board
reorganization meeting of May 8, 2007 as presented. Hearing no
comments or questions President Briscoe called for a vote on the
motion.
Ayes: Houchens, Horvat, Martin, Parrish & Thompson
Nays: None
Present: Mason
Motion carried.
Bills and Transfers – Administrator Grabowski noted
that at the Board’s workshop the bills and transfers had been
reviewed and recommended their approval. Trustee Martin moved,
Trustee Mason seconded the motion to approve the Bills and
Transfers as presented.
Ayes: Horvat, Parrish, Thompson, Houchens, Mason & Martin
Nays: None
Motion carried.
Treasurer's Report – Administrator Grabowski noted
that at the Board’s workshop the Treasurer's Report had been
reviewed and recommended its approval. Trustee Mason moved,
Trustee Houchens seconded the motion to approve the Treasurer's
Report as presented.
Ayes: Parrish, Martin, Houchens, Horvat, Thompson & Mason
Nays: None
Motion carried.
Public Forum – President Briscoe opened the public
forum at 7:09 p.m. No one came forward.
Consent Agenda – Trustee Thompson moved, Trustee
Mason seconded the motion to approve the consent agenda. 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.
Proclamation Recognizing Provena Saint Joseph Medical
Center Declaring 2007 as their 125th
Anniversary Year.
Resolution Approving Pay Request to "D" Construction
for Work on Ridge Road Kendall Co. Project in the amount
of $128,196.32. (2007-R-804)
Resolution Approving Pay Request to Kendall County
for Land Acquisition Costs on Ridge Road Kendall Co.
Project in the amount of $43,690. (2007-R-805)
Resolution Approving Pay Request #1 to Kenneth Co.
for Lions Park Project in the amount of $77,490.
(2007-R-806)
Resolution Approving Pay Request #3 to P. T. Ferro
for S. Wabena Avenue Project in the amount of
$530,781.02. (2007-R-807)
Resolution Approving Pay Request #3 to P. T. Ferro
for Massasoit Street and Coady Drive Project in the
amount of $244,934.14. (2007-R-808)
Resolution Approving Pay Request #2 to D. E. Thompson
Excavating, Inc., for Mondamin Street Project in the
amount of $272,639.25. (2007-R-809)
Resolution Approving Pay Request #1 to "D"
Construction for Ridge Road Project South of Ottawa
Drive in the amount of $233,296.87. (2007-R-810)
Resolution Approving Pay Request #8 to C. Thompson &
Sons Inc. for the Massasoit/Wabena Project in the amount
of $5,432. (2007-R-811)
Old Items – There were no old items to be considered.
New Items – Ordinance Amending the Municipal Code
Title 5-11-6(E), Authorized Variations Adding Patios, Terraces
and Decks in Residential Side Yards – Administrator
Grabowski stated that currently patios, terraces and decks are
only allowed in the rear yard but with the code change a
resident would be able to apply for a variance to build a patio,
terrace or deck in the side yard. He also stated that the case
would still need to go through the public hearing process.
Trustee Mason moved, Trustee Thompson seconded the motion to
approve Ordinance #2007-24 amending Title 5-11-6E of the
municipal code authorizing variations adding patios, terraces
and decks in residential side yards. 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.
Case #2007-04, Variance from Municipal Code Section 5-3-8 to
Allow Construction of a Patio in a Side Yard (1351 Dahlgren
Lane) – Administrator Grabowski stated that the design of
the house is such that a door is located on the side of the
house rather than at the rear. Trustee Martin moved, Trustee
Mason seconded the motion to approve Ordinance #2007-25 granting
a variance at 1351 Dahlgren for a patio in the side yard.
Trustee Houchens then questioned whether there was a layout of
what the petitioner was requesting? The petitioners lawyer Ms.
Claire Wilson stated that she had a sketch of the layout and
passed it around to the trustees. After reviewing the layout the
Board had no further questions. President Briscoe called for a
vote on the motion.
Ayes: Parrish, Martin, Houchens, Horvat, Thompson & Mason
Nays: None
Motion carried.
Ordinance Amending Title 1-6-4 Establishing Committee of the
Whole and 1-7-1 Village Officers – Administrator Grabowski
stated that several of the changes in the ordinance in
considering a committee of the whole are: 1) All Trustees would
be involved in the deliberation on a variety of issues. 2) The
committee of the whole meeting would be described as a working
session for the Board. 3) The Village Officers such as the
Village Engineer and the Village Attorney would be appointed
every 2 years and all other officers including the Police Chief,
Public Works Superintendent, Building Officer, Village Clerk and
Village Treasurer would be appointed concurrent with the term of
the Village President. He went on to say that if the committee
of the whole structure was not workable after implementation,
the Village President and Board of Trustees could elect to
return to standing committees. Trustee Martin moved, Trustee
Thompson seconded the motion to approve Ordinance #2007-26
amending Section 1-6-4 Committees and Section 1-7-1, appointment
of officers. 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 Authorizing Acceptance of Grant for Laptop
Computers for Vehicles, IL Criminal Justice Authority –
Administrator Grabowski stated that the Village had been awarded
a grant for $11,803 for two laptop computers for the Mobile Data
Equipment Program from the Illinois Criminal Justice Information
Authority. Trustee Thompson moved, Trustee Houchens seconded the
motion to approve Resolution #2007-R-812 authorizing execution
of an Illinois Criminal Justice Information Authority grant
agreement for laptop computers in the amount of $11,083. 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 Authorizing the Execution of a Preservation
Covenant with the Illinois Historic Preservation Agency –
Trustee Houchens moved, Trustee Martin seconded the motion to
approve Resolution #2007-R-813 authorizing the execution of a
preservation covenant with the Illinois Historic Preservation
Agency for a small portion of property where the Aux Sable
Springs Regional Detention Facility on Holt Road in Seward
Township is being considered. 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.
Resignation Letter of Planning and Zoning Commissioner –
Trustee Martin moved, Trustee Thompson seconded the motion to
accept the resignation of Plan/Zoning Commissioner Marty Phalen.
Ayes: Thompson, Parrish, Horvat, Martin & Houchens
Nays: Mason
Motion carried.
Staff Reports –Administrator Grabowski reminded the
Board of a workshop on May 24th at 7:00 p.m.
Parks/Recreation/Public Safety Committee Report –
Chairman Houchens had nothing to report.
Public Works Committee Report – Chairman Thompson had
nothing to report.
Finance/Personnel Committee Report – Chairman Martin
had nothing to report.
Ordinance Committee Report – Chairman Mason had
nothing to report.
Economic Development/Public Relations/ – 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 Thompson seconded the
motion to go into executive session to discuss land acquisition
and probable litigation at 7:30 p.m. President Briscoe called
for a vote on the motion.
Ayes: Houchens, Horvat, Martin, Mason, Parrish & Thompson
Nays: None
Trustee Mason moved, Trustee Horvat seconded the motion to
return to regular session at 8:45 p.m.
Ayes: Parrish, Martin, Houchens, Horvat, Thompson & Mason
Nays: None
Motion carried.
President Briscoe noted that there was action to be taken
from executive session.
Case #2007-07, Conditional Permitted Use for a Drive-Through
Facility in a B-1 Business Zoning District (Founders Bank) –
Trustee Thompson moved, Trustee Mason seconded the motion to
table Case #2007-07, Conditional Permitted Use for a
Drive-Through Facility in a B-1 Business Zoning District for
Founders Bank, until the June 12, 2007 Village Board meeting.
Ayes: Martin, Houchens, Thompson, Parrish, Mason & Horvat
Nays: None
Motion carried.
Case #2007-08, Founders Bank -
Ordinance Granting a Variance from Municipal Code
Section 5-9-4 (G) to Allow Location of Parking Lot
Less than Five Feet and Up to the Street Right-of
Way Line
Resolution Denying a Variance from Municipal Code
Section 5-9-4 (G) to Allow Location of Parking Lot
Less than Five Feet and Up to the Street Right-of
Way Line
Ordinance Granting a Variance from Municipal Code
Section 5-9-4 (M)(4) to Allow Less than the Minimum
Number of Parking Spaces
Resolution Denying a Variance from Municipal Code
Section 5-9-4 (M)(4) to Allow Less than the Minimum
Number of Parking Spaces
Trustee Thompson moved, Trustee Mason moved to table Case
#2007-08, Founders Bank,
1. Ordinance Granting a Variance from Municipal Code Section
5-9-4 (G) to Allow Location of Parking Lot Less than Five Feet
and Up to the Street Right-of-Way Line.
2. Resolution Denying a Variance from Municipal Code
Section 5-9-4 (G) to Allow Location of Parking Lot Less than
Five Feet and Up to the Street Right-of-Way Line.
3. Ordinance Granting a Variance from Municipal Code Section
5-9-4 (M)(4) to Allow Less than the Minimum Number of Parking
Spaces.
4. Resolution Denying a Variance from Municipal Code Section
5-9-4 (M)(4) to Allow Less than the Minimum Number of Parking
Spaces until the June 12, 2007 Village Board meeting.
Ayes: Mason, Thompson, Horvat, Houchens, Martin & Parrish
Nays: None
Trustee Thompson moved, Trustee Horvat seconded the motion to
adjourn the meeting at 8:55 p.m. All voted yes, motion carried.
Milissa Felker, Deputy Clerk
Date approved: June 12, 2007
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