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Minutes of Village Board Meeting - June 12, 2007

MINUTES OF VILLAGE BOARD MEETING
TUESDAY, JUNE 12, 2007

President Jason Briscoe called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance.

Members present: Dennis Martin, Ray Mason, Barry Thompson, Dick Parrish, & Terry Houchens. Members absent: John Horvat. Also present: Jim Grabowski – Village Administrator, Rob Tonarelli – Supt. of Public Works, Lloyd Unland - Police Chief, Chris Spesia – Village Attorney, Chuck White – Building Inspector.

Changes to Agenda – President Briscoe stated that Item 11I (Resolution Authorizing a Recapture Agreement with Crossroads of Minooka) and Item 11J (Ordinance Increasing the Number of Class "A" Liquor Licenses) would be removed from tonight’s agenda and placed on the next Village Board meeting of June 26th. He also stated that Item 15 (Appointment of Plan/Zoning Commissioner) would be moved to Item 11B.

Review of Minutes – Minutes of Village Board Meeting of May 22, 2007 were reviewed. Trustee Thompson moved, Trustee Parrish seconded the motion to approve the minutes of the Village Board meeting of May 22, 2007 as presented. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Mason, Thompson, Houchens, Martin & Parrish

Nays: None

Absent: Horvat

Motion carried.

Bills and Transfers – To be presented at June 26, 2007 meeting.

Treasurer’s Report – To be presented at June 26, 2007 meeting.

Public Forum – Before opening the public forum President Briscoe presented the three school districts, the fire protection district and the library district with checks collected from impact fees that are collected from developers on building permits. The checks were in the amount of:

Minooka School District #201

School impact fees - $107,115.00

School site fees - $78,633.54

Minooka School District #111

School impact fees - $35,711.00

School site fees - $44,068.00

Channahon School District #17

School site fees - $8,287.83

Minooka Fire Protection District

Fire fees - $11,600.00

Three Rivers Public Library

Library fees - $4,930.00

President Briscoe then opened the public forum at 7:08 p.m. Cynthia Smith of 707 Feeney Drive, Minooka, IL stated that she has lived in the Indian Ridge Subdivision for three years and that a number of her neighbors have been running motorcycles in vacant lots on both sides of her house. She stated that they have about five large motor bikes and sometimes are ten feet away from her house. Along with the noise that is generated from the bikes, she stated that it stirs up dust and scares her children. The builder of the subdivision, Ryan and Smith even put up "No trespassing" signs but the signs were taken down by the motorcyclists. Ms. Smith went on to say that once the motorcyclists were told to stay off the vacant lots but that they continued to ride on their own property, rode around on the court that they live on and did wheelies on the court also. They repeatedly get citations given to them and Chief Unland stated that they do pay them. She went on the say that this is a residential community with less than half-acre lots. She would like to see the Board do something about it. Chief Unland explained that 41 citations had been issued this year and 234 citations had been given in the neighborhood since 2004. He did not elaborate whether they were issued to just the neighbors in question or to violators in general. He urged the residents to contact the police department and sign a complaint form. Village Attorney Spesia also commented that neighbors should be willing to sign complaints and appear in court. Ms. Smith stated that she was willing as were the other neighbors that were present in the audience.

Robyn Tea of 602 High Grove Drive, Minooka, IL voiced the same concern as Cynthia Smith as far as the motorbikes. She would like to see stiffer fines for the violators. She feels that the parents are in on the act of riding the motorbikes and that it seems like they don’t care when given citations from the police department.

President Briscoe recommended that a meeting with the residents, the village attorney and the police chief would be advisable to get a handle on the situation. He stated that it is a situation that needs to be solved. It not only is a nuisance to the residents of Indian Ridge, but it also keeps officers off the streets while they deal with the situation when they could be needed in other areas of the village.

Hearing no other comments President Briscoe closed the public forum at 7:25 p.m.

Consent Agenda – there were no items to be considered.

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

New ItemsVillage Committee Assignments – Administrator Grabowski stated that the Committee of the Whole would meet the second Thursday (CoTW#1) and 4th Thursday (CoTW#3) of the month including the Wednesday (CoTW#2) between the two monthly Board of Trustee meetings. CoTW#1 would focus on Public Safety, Parks, and Public Relations items. CoTW#2 would review the bills and the Treasurer’s report as well as pay requests, change orders and Ordinance items. CoTW#3 would focus on Public Works and Economic Development.

Committee of The Whole - Trustee Martin moved, Trustee Parrish seconded the motion to approve the Committee of The Whole.

Ayes: Parrish, Thompson, Houchens, Mason & Martin

Nays: None

Absent: Horvat

Motion carried.

Liquor Committee – President Briscoe (Chair)

Trustee Mason

Trustee Parrish

Trustee Thompson

Board of Local Improvements – President Briscoe (Chair)

Trustee Horvat

Trustee Houchens

Budget Committee – Trustee Martin (Chair)

Trustee Houchens

Trustee Thompson

Trustee Martin moved, Trustee Mason seconded the motion to approve the committee appointments as recommended.

Ayes: Parrish, Martin & Mason

Nays: Houchens & Thompson

Absent: Horvat

Motion carried.

Appointment of Plan/Zoning Commissioner – Trustee Thompson moved, Trustee Parrish seconded the motion to approve the appointment of Dan Wittenkeller as a Plan/Zoning Commissioner. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Martin, Thompson, Parrish & Mason

Nays: None

Present: Houchens

Absent: Horvat

Motion carried.

Ordinance Approving An Installment Payment Contract And Authorizing The Issuance Of $3,014,300 Certificates Of Indebtedness – Administrator Grabowski stated that the proceeds from the debt issuance would be used for road construction projects included in the FY 2008 capital budget. Trustee Mason moved, Trustee Houchens seconded the motion to approve Ordinance #2007-27 approving an installment payment contract authorizing the issuance of $3,014,300 certificates of indebtedness from Harris Bank. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Houchens, Martin, Mason, Parrish & Thompson

Nays: None

Absent: Horvat

Motion carried.

Resolution Authorizing Budget Amendments for the 2006-07 Budget – Trustee Houchens moved, Trustee Martin seconded the motion to approve Resolution #2007-R-814 authorizing budget amendments for the 2006-07 FY budget. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Parrish, Thompson, Houchens, Mason & Martin

Nays: None

Absent: Horvat

Motion carried.

Resolution Approving Change Order for Lions Park Project, Kenneth Company – Administrator Grabowski stated that the change order was in the amount of $19,708 for the Lion’s Park OSLAD project of which is in three parts.

The first part is for the addition of a path from the driveway into the park, to the loop path being built and the widening of a portion of the path in the amount of $14,528. It is being widened to ten feet (10’) for a more regional trail type use and the other portion will remain eight feet (8’) wide where it meanders through the trees and play equipment.

The second part is for spreading the soils from the path in the amount of $3,626.

The third part is spreading top soil and seeding the volley ball court area in the amount of $1,554. In addition the Kenneth Co. is requesting a time extension of 38 days which gives them until July 9th to complete the project.

Trustee Houchens moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-815 approving change order #1 for Lions Park project, to Kenneth Co. in the amount of $19,708 and the time extension of 38 days. Trustee Martin questioned why they needed the extra 38 days. Administrator Grabowski commented that the reason the extension is needed is because the Village had difficulty in demolishing the existing structures due to the weather and also that there is a delay in the shipping of the shelter. Trustee Martin would like to see it done prior to the Fourth of July weekend and cannot justify why they need the extra 38 days. Several members of the Board agree with Trustee Martin on having it done prior to the Fourth of July. Trustee Martin questioned what the original contract completion date was and Administrator Grabowski stated that he thought that it was the beginning of June. Trustee Houchens then commented that the Village put them (Kenneth Co.) at least 30 days behind due to the weather. After further discussion Trustee Houchens moved, Trustee Mason seconded the motion to amend the original motion to remove the extension of time from the resolution.

Ayes: Parrish, Houchens, Thompson & Mason

Nays: Martin

Absent: Horvat

Motion carried.

President Briscoe then asked for a vote on the original motion without the time extension. Trustee Houchens moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-815 authorizing change order #1 for Lion’s Park project in the amount of $19,708.

Ayes: Thompson, Parrish, Mason & Houchens

Nays: Martin

Absent: Horvat

Motion carried.

Resolution Approving Change Order for Wabena Avenue Improvements Project, P. T. Ferro – Administrator Grabowski stated that the change order is to add a right turn lane at the intersection of Wabena Avenue and Wapella Street for west bound Wapella Street traffic turning north onto Wabena Avenue. Trustee Parrish questioned when the project would be completed and Village Engineer Sean Kelly reported that P. T. Ferro stated that they could have it done within a week and a half. Trustee Mason moved, Trustee Houchens seconded the motion to approve Resolution #2007-R-816 authorizing a change order in the amount of $15,621 for Wabena Avenue road reconstruction project. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Martin, Houchens, Thompson, Parrish & Mason

Nays: None

Absent: Horvat

Motion carried.

Resolution Approving Change Order for Massasoit/Coady Improvements Project, P. T. Ferro – Administrator Grabowski stated that the change order is for an additional parking area on the west side of Massasoit Street. Trustee Thompson moved, Trustee Houchens seconded the motion to approve Resolution #2007-R-817 authorizing change order #1 for Massasoit Street/Coady Drive road reconstruction project to P. T. Ferro in the amount of $26,179.09. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Mason, Thompson, Houchens, Martin & Parrish

Nays: None

Absent: Horvat

Motion carried.

Approval of Revised Notice of Meeting Dates for Fiscal Year 2007/2008 – Trustee Houchens moved, Trustee Parrish seconded the motion to approve the revised meeting dates for the fiscal year 2007/2008.

Ayes: Thompson, Parrish, Martin, Mason & Houchens

Nays: None

Absent: Horvat

Motion carried.

Ordinance Approving Prevailing Wage for Village of Minooka – Trustee Mason moved, Trustee Houchens seconded the motion to approve Ordinance #2007-28 adopting the prevailing wage act schedules for Grundy, Kendall, and Will Counties. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Houchens, Martin, Mason, Parrish & Thompson

Nays: None

Absent: Horvat

Motion carried.

Staff Reports –Administrator Grabowski stated that a Committee of the Whole meeting was scheduled for Thursday, June 14th at 7:00 p.m. and the Plan/Zoning Board meeting is scheduled for Tuesday, June 19th at 7:30 p.m.

Executive Session – President Briscoe announced that there was a need for an executive session and entertained a motion. Trustee Martin moved, Trustee Parrish seconded the motion to go to executive session to discuss collective bargaining, property accusation, pending litigation and probable litigation at 8:10 p.m. President Briscoe called for a vote on the motion.

Ayes: Mason, Thompson, Houchens, Martin & Parrish

Nays: None

Absent: Horvat

Motion carried.

Trustee Mason moved, Trustee Martin seconded the motion to return to regular session at 9:25 p.m.

Ayes: Thompson, Parrish, Martin, Mason & Houchens

Nays: None

Absent: Horvat

Motion carried.

Action from Executive Session - Case #2007-07, Ordinance Granting Conditional Permitted Use for a Drive-Through Facility in a B1 Business Zoning District (Founders Bank) – Trustee Mason moved, Trustee Thompson seconded the motion to continue Case #2007-07, Ordinance Granting Conditional Permitted Use for a Drive-Through Facility in a B1 Business Zoning District for Founders Bank until the Village Board meeting of July 24th. President Briscoe called for a vote on the motion.

Ayes: Houchens, Martin, Mason, Parrish & Thompson

Nays: None

Absent: Horvat

Motion carried.

Case #2007-08, Variance from Municipal Code Section 5-9-4(G) and 5-9-4(M)(4) (Founders Bank)

Ordinance Granting a Variance from Municipal Code Section 5-9-4(M)(4) to Allow Less than the Required Number of Parking Spaces

Ordinance Granting Variance to Allow Location of Parking Lot Less than Three Feet and Up to the Street Right-Of-Way Line

Resolution Denying Variance to Allow Location of Parking Lot Less than Three Feet and Up to the Street Right-Of-Way Line

Resolution Accepting a Temporary Construction Easement

Trustee Thompson moved, Trustee Houchens seconded the motion to send Case #2007-08, variance from municipal code Section 5-9-4(G) and 5-9-4(M)(4) (Founders Bank) to the Plan/Zoning Board for modification on the variance. President Briscoe called for a vote on the motion.

Ayes: Parrish, Thompson, Houchens, Mason & Martin

Nays: None

Absent: Horvat

Motion carried.

Resolution Accepting a Temporary Construction Easement – Trustee Martin moved, Trustee Mason seconded the motion to approve Resolution #2007-R-818 accepting a temporary construction easement for Founders Bank. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Parrish, Martin, Houchens, Thompson & Mason

Nays: None

Absent: Horvat

Motion carried.

As Appropriate – Mr. Mike Mattingly, attorney for Founders Bank in Minooka questioned the Board as to whether they had any further questions about the information that was given out for the Board meeting. Trustee Martin then commented that the variance on the parking, due to the fact that the request is for as much as a 10% variance for parking spaces would have to be looked at further from the Plan/Zoning Board and then have a re-hearing. Mr. Mike Rittof, President of Founders Bank in Minooka questioned whether the Board was in consensus as to what Founders Bank wants to do and Trustee Martin stated that the Board looked at it and agrees with the diagram but wanted it looked at further from the Plan/Zoning Board again.

Hearing no further comments or questions, President Briscoe called for adjournment. Trustee Houchens moved, Trustee Martin seconded the motion to adjourn the meeting at 9:35 p.m. All voted yes, motion carried.

Milissa Felker, Deputy Clerk

Date approved: June 26, 2007

 

 

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