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 Items – Continued 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 Items – Consideration 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 Reports –– Administrator 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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