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Minutes of Village Board Meeting - July 24, 2007

MINUTES OF VILLAGE BOARD MEETING
TUESDAY, JULY 24, 2007

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, Barry Thompson & Dick Parrish. Members absent: Terry Houchens. Also present: Jim Grabowski - Village Administrator, Rob Tonarelli – Superintendent of Public Works, Lloyd Unland - Police Chief, Chris Spesia - Village Attorney, Sean Kelly – Village Engineer, John Harrington – Finance Director and Chuck White – Building & Zoning Officer.

Changes To Agenda –President Briscoe stated that Item 11A (Ordinance Authorizing Execution of an Amendment to an Annexation Agreement, Davidson/Twin Rail) would be removed from the agenda.

Review of Minutes – Minutes of Village Board Meeting of July 10, 2007 were reviewed. Trustee Mason moved, Trustee Horvat seconded the motion to approve the minutes of the Village Board meeting of July 10, 2007 as presented. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Mason, Thompson, Horvat, Martin & Parrish

Nays: None

Absent: Houchens

Motion carried.

Bills and Transfers – Trustee Martin moved, Trustee Parrish seconded the motion to approve the Bills and Transfers as presented.

Ayes: Mason, Thompson, Horvat, Martin & Parrish

Nays: None

Absent: Houchens

Motion carried.

Treasurer's Report – Trustee Martin moved, Trustee Mason seconded the motion to approve the Treasurer's Report as presented.

Ayes: Thompson, Parrish, Horvat, Martin & Mason

Nays: None

Absent: Houchens

Motion carried.

Public Forum – opened at 7:08 p.m. Mr. Gary Mueller of 104 N. Wabena Avenue, Minooka, IL stated to the Board that he wanted to put in a driveway at his residence on Wabena Avenue and that the Board had refused him from putting one in. He stated that he has lived in the community for thirteen years and has had the pleasure of parking in the parkway in front on his house. He was told that he could not put in his 12 foot driveway next to his house because it would take up four diagonal parking spaces. He went on to show a drawing of a plat of survey for his property in which there is a utility pole and guide wire coming from the pole and a fire hydrant of which he feels would take up three spaces. He was told that he would have two spaces allotted to him for residential parking on Wabena Avenue. Mr. Kelly explained to Mr. Mueller that the plans for the roadway is to put in as many parking spaces for the businesses in town and Mr. Mueller stated that he understood that, but where he lives is residential and feels that his request for a 12 foot driveway is not that outrageous. He said that he was told he would have two parking spaces and what’s to say that if he came home late one night that someone would be parked in his spaces. He works out of town during the week and comes home on weekends and would like to park in front of his house. Trustee Parrish questioned weather Mr. Mueller anticipated putting in a driveway and Mr. Mueller stated that if approved he would put it in this summer. President Briscoe stated that the Board would look further into it at the Committee of the Whole meeting on Thursday, July 26th before a decision could be made. Hearing no other comments or questions President Briscoe closed the public forum at 7:20 p.m.

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

Ayes: Horvat, Martin, Mason, Parrish & Thompson

Nays: None

Absent: Houchens

Motion carried.

Proclamation Recognizing Week of August 11th as National Public Treasurers’ Week

Resolution Authorizing a Pay Request to Shaw Environmental & Infrastructure, Inc. for the remediation of the Mondamin Street Right-Of-Way in the amount of $32,611.42. (2007-R-843)

Resolution Authorizing Pay Request #2 to "D" Construction of Coal City for the Ridge Road reconstruction in the amount of $272,699.10. (2007-R-844)

Resolution Authorizing Pay Request #3 to "D" Construction of Coal City for the Kendall County Ridge Road reconstruction project in the amount of $87,141.20. (2007-R-845)

Resolution Authorizing Pay Request #3 to D. E. Thompson Excavating for utility upgrades and relocation on Mondamin Street in the amount of $200,868.53. (2007-R-846)

Resolution Authorizing Pay Request #4 to P. T. Ferro for the road reconstruction on Wabena Avenue in the amount of $141,191.78. (2007-R-847)

Resolution Authorizing Pay Request #4 to P. T. Ferro for the road reconstruction on Massasoit Street & Coady Drive in the amount of $440,182.76. (2007-R-848)

 

 

Old ItemsContinued Public Hearing to Consider Terms of an Amendment to an Annexation Agreement, Davidson/Twin Rail – President Briscoe opened the public hearing at 7:21 p.m. Mr. Jerry Davidson stated that he believed the only thing holding up the annexation agreement was the SSA. Trustee Martin moved, Trustee Thompson seconded the motion to continue the public hearing to consider terms of an amendment to an annexation agreement, Davidson/Twin Rail.

Ayes: Parrish, Martin, Horvat, Thompson & Mason

Nays: None

Absent: Houchens

Motion carried.

New ItemsConsideration of PZC Case #2007-12, Variance for a Fence at 603 Tremont Drive – Administrator Grabowski stated that the request is for a variance to the setback of a 6 foot tall fence on a corner lot, allowable height of a fence beyond the building setback line abutting a street on a corner lot, and percentage of the open space required between vertical fencing components/boards/slats/bars. The residence is located in the Lennar’s Summerfield Subdivision. Lennar’s covenants and restrictions only allow in-ground swimming pools and 5 foot tall fencing. The five foot tall fencing requirements are in conflict with the Village Ordinance requiring 6 foot tall fencing. Trustee Thompson moved, Trustee Mason seconded the motion to approve PZC Case #2007-12 for a variance for a fence at 603 Tremont Drive. Trustee Martin stated that he had attended the Plan/Zoning meeting and could not determine what the property owner’s hardship was except that it is a corner lot with a 20 foot setback and that they want to put something bigger than what fits in the yard. He went on to say that the village has front yard setbacks of 30 feet in order to make streets in front of houses more open. Trustee Martin stated that he could not see how the trees would fit in a 3 foot section, of which is 2 feet and of which 1 foot is a setback from the sidewalk. The property owner Keith Crabb addressed the Board. He went on to say that the pool that he was looking at could fit in the parameters of the build line without expanding at all and that he is looking to build a fence at the 20 foot build line and then a few feet from the edge of the pool he would like to encompass some of the rear piece of the backyard for grass. Trustee Martin questioned weather this fence could be 10 feet from the lot line instead of the 20 feet required and Mr. Crabb stated that it would just decrease the amount of his backyard by 10 feet. Trustee Martin stated that the ordinances for setbacks are in order to create openness in a view of the street for the entire subdivision. Mr. Crabb stated that in the original packet submitted to the Plan/Zoning Commission there were photos that showed that there were no visibility issues or concerns with the street. Trustee Martin stated that by putting up the trees like he shows in his drawing the whole streetscape of the street would totally change. Trustee Martin stated that a resident could come and state that they wanted their yard to be bigger and not have the 20 feet outside their lot but have the 20 feet inside their yard. Trustee Martin moved, Trustee Parrish seconded the motion to amend the original ordinance to read "fence to be 10 feet from the property line versus the requested 2 feet off the property line." Trustee Thompson questioned why the Board said in the beginning that there was no hardship but now we are changing the ordinance to read 10 feet from property line. He stated that other homeowners could come before the Board with issues if we make the change. Trustee Martin answered Trustee Thompson’s questioned by saying that some of the Board may be comfortable with the amendment and some may not. Trustee Mason stated that he doesn’t feel comfortable about telling a resident that they don’t have a hardship just because he or the Board feels that way. Trustee Thompson doesn’t see a problem with what Mr. Crabb is proposing and stated that the resident is just trying to improve his property. Trustee Martin feels that maybe we should change our ordinance and not require the 20 foot setback on corner lots. Trustee Thompson commented that he feels that the Plan/Zoning Board and the Village Board still need to review variances. Hearing no further comments or questions President Briscoe called for a vote on the amendment to the original motion adding "fence to be 10 feet from the property line versus the requested 2 feet off the property line."

Ayes: Martin, Parrish & Horvat

Nays: Thompson & Mason

Absent: Houchens

Motion carried.

President Briscoe then asked for a vote on the original motion as amended. Trustee Thompson moved, Trustee Mason seconded the motion to approve Ordinance #2207-34 granting a variance for a fence at 603 Tremont Drive with added language.

Ayes: Parrish, Martin, Horvat & Mason

Nays: Thompson

Absent: Houchens

Motion carried.

Consideration of PZC Case#2007-07, Conditional Permitted Use for a Drive-Thru in B2 Zoning District, Founders Bank – Trustee Martin moved, Trustee Thompson seconded the motion to approve Ordinance #2007-35 granting a conditional permitted use for a drive-thru facility at Founders Bank subject to Village approval of dedications for Minooka and Ridge Roads.

Ayes: Mason, Thompson, Horvat, Martin & Parrish

Nays: None

Absent: Houchens

Motion carried.

Consideration of PZC Case#2007-08, Variance of Setback for Location of Parking Lot, Founders Bank – Trustee Martin moved, Trustee Thompson seconded the motion to approve Ordinance #2007-36 granting a variance for setback location of parking lot at Founders Bank subject to approval of dedications for Minooka and Ridge Roads. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Horvat, Parrish, Thompson, Mason & Martin

Nays: None

Absent: Houchens

Motion carried.

Consideration of PZC Case #2007-14, Variance to Number of Parking Spaces, Founders Bank – Trustee Martin moved, Trustee Thompson seconded the motion to approve Ordinance #2007-37 granting a variance to the number of parking spaces for Founders Bank subject to approval of dedications for Minooka and Ridge Roads. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Martin, Thompson, Parrish, Mason & Horvat

Nays: None

Absent: Houchens

Motion carried.

Resolution Accepting Dedication of Right of Way for Ridge Road and Mondamin Street (Founders Bank) – Administrator Grabowski stated that the dedication was needed for the widening of Ridge Road and were secured at no acquisition cost for the Village. One dedication is a permanent 10 feet on Ridge Road and 11 feet on Mondamin Street and another dedication is a temporary construction easement of 10 feet. He went on to say that plats of dedication had also been supplied for dedication of 15 feet and a corner cut at the Ridge Road/Mondamin Street intersection to Grundy County. Trustee Martin moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-849 accepting roadway dedication for Ridge Road and Mondamin Street from Founders Bank subject to attorney approval.

Ayes: Thompson, Parrish, Horvat, Martin & Mason

Nays: None

Absent: Houchens

Motion carried.

Resolution Supporting Sales Tax Abatement Agreement for Macy’s – Administrator Grabowski stated that Macy’s/Federated was looking to purchase a building in the OPUS Minooka-Ridge Industrial Park to house its business. Macy’s is asking for a sales tax rebate due to the fact that they would be purchasing approximately $20 million in machinery to be placed in the building. Trustee Thompson moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-850 supporting a sales tax rebate incentive with Macy’s/Federated. Hearing no questions President Briscoe called for a vote on the motion.

Ayes: Horvat, Martin, Mason, Parrish & Thompson

Nays: None

Absent: Houchens

Motion carried.

Ordinance Amending Section 8-2-1 of the Municipal Code, Disorderly Conduct– Administrator Grabowski stated that the police department and the village attorney recommended amending the ordinance due to a number of issues. The code at present reads that the police department would write a ticket for disorderly conduct, however it has been revealed that it is not the proper way to address the tickets. Trustee Mason moved, Trustee Martin seconded the motion to approve Ordinance #2007-38 amending Section 8-2-1 disorderly conduct. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Horvat, Parrish, Thompson, Mason & Martin

Nays: None

Absent: Houchens

Motion carried.

Ordinance Amending Section 3-4-7(A) of Municipal Code, Creating a Class E Liquor License, Summerfest – Administrator Grabowski stated that the Class E liquor license was for Minooka Lions Club Summerfest to be held on August 4th. Trustee Mason moved, Trustee Thompson seconded the motion to approve Ordinance #2007-39 amending Section 3-4-7(A) of the Municipal code, creating a Class E liquor license for Minooka Lions Club Summerfest. Hearing no comments or questions President Briscoe called for a vote on the motion.

Ayes: Parrish, Martin, Horvat, Thompson & Mason

Nays: None

Absent: Houchens

Motion carried.

Resolution Authorizing Participation in Partial Funding of the IEPA Section 319 Program with a Contribution to the Conservation Foundation for Each Year of the Two Year Project – Administrator Grabowski stated that the Section 319 grant program is to study the Aux Sable Creek watershed. Trustee Thompson moved, Trustee Horvat seconded the motion to approve Resolution #2007-R-851 authorizing participation in partial funding of the IEPA Section 319 Grant Program in the amount of $1,000 each year for two years. Hearing no comments President Briscoe called for a vote on the motion.

Ayes: Mason, Thompson, Horvat, Martin & Parrish

Nays: None

Absent: Houchens

Motion carried.

Resolution Authorizing Minooka Night at Grundy County Speedway, August 25th and $1,000 for Sponsorship – Administrator Grabowski commented that the date of the event for Minooka Night at Grundy County Speedway is August 25th with a rain date of September 1st. He also stated that the UMARA is requesting $1,000 to advertise the event in the newspaper and on the radio. So far two businesses have stepped up to offer assistance. One is Mason’s Auto Parts and the other is Spesia, Ayers, are Ardaugh Law Firm. Trustee Thompson moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-852 authorizing Minooka Night at Grundy County Speedway on August 25th. Hearing no questions President Briscoe called for a vote on the motion.

Ayes: Martin, Thompson, Parrish, Mason & Horvat

Nays: None

Absent: Houchens

Motion carried.

Staff ReportsAdministrator Grabowski stated that July 26th is a Committee of the Whole meeting. August 2nd there is a Chamber of Commerce meeting at Lions Park sponsored by the Village of Minooka. He also went on to say that July 28th will be the second movie night sponsored by Robinson Engineering at the Intermediate School on the corners of West Street and Church Street. The movie to be featured is "Over the Hedge."

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 to discuss property acquisition and probable litigation. Trustee Thompson moved, Trustee Horvat seconded the motion to go into executive session to discuss property acquisition and probable litigation at 8:15 p.m.

Ayes: Horvat, Martin, Mason, Parrish & Thompson

Nays: None

Absent: Houchens

Motion carried.

Trustee Mason moved, Trustee Thompson seconded the motion to return to regular session at 9:00 p.m.

Ayes: Horvat, Parrish, Thompson, Mason & Martin

Nays: None

Absent: Houchens

Motion carried.

President Briscoe noted that there was no action to be taken resulting from Executive Session.

Trustee Thompson moved, Trustee Horvat seconded the motion to adjourn the meeting at 9:02 p.m. All voted yes, motion carried.

Milissa Felker, Deputy Clerk

Date approved: August 14, 2007

 

 

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