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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 ItemsThere were no old items to be considered.

New ItemsOrdinance 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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