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Minutes of Village Board Meeting - September 25, 2007MINUTES OF VILLAGE BOARD MEETING TUESDAY, SEPTEMBER 11, 2007 President Jason Briscoe called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. President Briscoe then asked for a moment of silence in remembrance of the lives that were taken on September 11, 2001. Members present: John Horvat, Ray Mason, Dennis Martin, Barry Thompson, Dick Parrish & Terry Houchens. Also present: Rob Tonarelli – Supt. of Public Works, Lloyd Unland, - Police Chief, Doug Hayse, Police Administrator, Sean Kelly – Village Engineer, Chris Spesia – Village Attorney & Al Yancey – Fire Chief. Changes to Agenda – President Briscoe stated that there were no changes to be made. Review of Minutes – Minutes of Village Board Meeting of August 28, 2007 were reviewed. Trustee Thompson stated that on page 5 under executive session the vote stated "Trustee Jun" instead of "Trustee Parrish." Trustee Mason moved, Trustee Thompson seconded the motion to approve the minutes of the Village Board Meeting of August 28, 2007 as corrected. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Parrish Nays: None Motion carried. Minutes of Plan/Zoning Meeting of August 21, 2007 were reviewed-there were no questions or comments. President Briscoe noted that they will be placed on file. Bills and Transfers – To be presented at September 25, 2007 meeting. Treasurer’s Report – To be presented at September 25, 2007 meeting. Public Forum – opened at 7:05 p.m. Mr. Guy Stoever of 716 Joanne Drive, Minooka, IL commented that he had water issues from the storm two weeks ago. He stated that he had read the minutes from the last board meeting and in them, it stated that some people had had five inches of water in their basements but that he had five feet in his. He was talking to other neighbors of his and they asked him to speak for all the residences on Joanne Drive about the water damages to their homes. The water damage is a direct result of the storm drain that is linked to the lake that Indian Ridge and Heather Ridge share. The storm drains go right behind his property on Joanne Drive. He passed around photos to the Board from the storm damage. He went on to comment about several of the photos. The storm drain had water overflowing it and that caused the water to come in his window wells and fill the entire basement up with water. He stated that he called 911 at 6:00 a.m. to ask for help and finally at 7:00 a.m. he rented some pumps to pump the water out of his basement. He stated that his furnace was fully submerged in water and that the hot water heater and his wife’s office equipment were also damaged from the water. Public Works solution was to put concrete caps over the storm drains. Several neighborhood children were now playing on the concrete caps of which are a danger to children. He stated that there are gapping holes in the cement which could let water out. He then stated to President Briscoe that it is a manmade problem that is affecting him due to the stormwater from Heather Ridge and Indian Ridge that drain into the lake that comes out the storm drains. He stated that the Grand Ridge detention system is not designed to take detention water runoff from two other subdivisions. He went on to say that at no time should polluted water ever exit the lake into a property owner’s land or house. He’s tried talking to the Village and Public Works to resolve the issue. It is the third time that this problem has happened to him. He feels that he is getting no-where with Public Works or the Village. He went on to say that he has some solutions because he is one storm away from losing his basement again. He has replaced his furnace and hot water heater and would like to see something done with the drainage situation. He outlined his solutions to the Board. One of the issues that Mr. Stoever has is what he views to be no success by the village in fixing the problem. He went on to disapprove of the job that Mr. Rob Tonarelli (Superintendent of Public Works) does. He commented that he had asked for Mr. Tonarelli’s help three times and had gotten non sensible solutions and comments from him. Trustee Martin spoke up and asked Mr. Stoever to focus on the problem at hand instead of criticizing one of the village employees. Mr. Stoever then stated that Mr. Tonarelli suggested that he dig a trench in his yard leading to the front yard. What Mr. Tonarelli was referring to was a defined swale between him and his neighbor’s house and there doesn’t appear to be a swale between them. By putting in the swale it would help drain water from yards into the street. President Briscoe then stated that Mr. Stoever had stated his case well, and that it was the first time he and the Board had heard about the situation. Mr. Stoever then went on to say that a solution would be, to seal the drain covers, because they serve no purpose to the Indian Ridge Subdivision. President Briscoe stated that he could not make the decision that he was asking for (by sealing the drain covers) but would have the engineers and designers look at the problem and hold a meeting with the area’s affected residents. He then stated that the village would have to contact a number of designers, due to the fact that the area was laid out by two different designers because there was a developer change. Trustee Thompson echoed the feeling that President Briscoe had, about Mr. Stoever stating his case very well, but at this time the village cannot come up with a solution but would recommend taking this situation to "The Committee of the Whole" and discuss it with the engineer and the public works superintendent and that Mr. Stoever was welcome to come to that meeting Trustee Thompson then stated that in the public forum the Board doesn’t have the ability to make decisions. Mr. Stoever spoke up and said that he did not expect this committee to make the decisions tonight but wanted the Board to understand his issues since the last storm. Trustee Thompson then stated that what needs to be done is to address the situation and get all the data and bring it to the COTW workshop and discuss what action would need to be taken. Mr. Stoever than commented, that he would like to be directly involved in the decisions of the Village. Mr. Grabowski commented that he would call him when the meeting would be held. Hearing no further comments or questions President Briscoe closed the public forum at 7:30 p.m. Consent Agenda – There were no items to be considered. Old Items – there were no old items to be considered. New Items – Resolution Creating a Fire Marshal Program – Administrator Grabowski stated that the agreement calls for the Minooka Fire Protection District to conduct plan reviews of new developments and recommend appropriate changes to be in accord with the Fire Code. The agreement also grants the District the authority to conduct fire safety inspections on commercial and multi-family buildings to make certain they are in compliance with the Fire Code and to schedule and conduct at least annual inspections at these locations. Trustee Thompson moved, Trustee Mason seconded the motion to approve Resolution #2007-R-862 authorizing execution of an Intergovernmental Agreement with Minooka Fire Protection District for fire prevention inspections and plan review. Hearing no comments President Briscoe called for a vote on the motion. Ayes: Thompson, Parrish, Horvat, Martin, Mason & Houchens Nays: None Motion carried. Consideration of PZC Case #2007-15, Variance of Side Yard Setback for a Deck at 1414 Sommer Court – Administrator Grabowski stated that the variance is to construct a deck in the side yard due to the fact that the exit from the home to the side/rear yard in on the side of the dwelling instead of the rear. Trustee Thompson moved, Trustee Parrish seconded the motion to approve Ordinance #2007-41 granting a variance to construct a deck in a side yard at 1414 Sommer Court. Ayes: Houchens, Horvat, Martin, Mason, Parrish & Thompson Nays: None Motion carried. Ordinance Amending Title 5, Zoning Code, Accessory Uses the Buildable Area (PZC Case #2007-18) – Administrator Grabowski stated that the text amendment is to the variance ordinance 5-11-6 E so that it would allow for an applicant to apply for a variance to construct a deck, patio, or terrace in the front buildable area between the primary building and the required front yard line. He notated that the request was for the text amendment only, and not for the variance. Trustee Martin moved, Trustee Thompson seconded the motion to approve Ordinance #2007-42 amending Title 5, Zoning Code for accessory uses in the buildable area. Ayes: Parrish, Martin, Houchens, Horvat, Thompson & Mason Nays: None Motion carried. Resolution Appointing an Ad Hoc Committee for a Comprehensive Bike Path Plan – Administrator Grabowski stated that the committee would consist of John Horvat as Chairman, Barry Thompson, Jim Brownlee, Terry Houchens and Al Yancey. Trustee Thompson moved, Trustee Mason seconded the motion to approve Resolution #2007-R-863 appointing an Ad-Hoc committee for a comprehensive bike path plan being chaired by Trustee John Horvat and including Trustees Barry Thompson and Terry Houchens. 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 Purchase of Two Squad Cars from Thomas Dodge – Trustee Houchens moved, Trustee Martin seconded the motion to approve Resolution #2007-R-864 authorizing purchase of two squad cars from Thomas Dodge at a cost of $19,467 each. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Parrish Nays: None Motion carried. Ordinance Amending Title 1, Chapter 16, Section 1 Regarding Disclosure of Ownership Interest – Administrator Grabowski stated that the amendment to Title 1-16-21 of the Municipal Code would require owner ship disclosure when any developer, person, entity, corporation, association, limited liability partnership or group is requesting, seeking or applying for a zoning change, annexation, subdivision, resubdivision, development, redevelopment, preliminary plat, preliminary PUD, final plat, final PUD, site plan review, special use, or variation. He went on to say that two of the changes made included requiring trustee verification of bank beneficiaries and also requiring any partner with a 5% or greater share in the case of a corporation to be disclosed. Trustee Thompson moved, Trustee Mason seconded the motion to approve Ordinance #2007-43 amending Title 1-16-1 of the Municipal Code regarding disclosure of ownership interest. Hearing no questions President Briscoe called for a vote on the motion. Ayes: Thompson, Parrish, Horvat, Martin, Mason & Houchens Nays: None Motion carried. Resolution Approving Pay Request #12/Final for Well #8 Treatment Facility, L. J. Dodd Construction Company – Trustee Thompson moved, Trustee Mason seconded the motion to approve Resolution #2007-R-865 approving pay request #12/final for well #8 treatment facility to L. J. Dodd Construction Co. in the amount of $152,279.36 subject to receipt of all unconditional waivers. Hearing no questions President Briscoe called for a vote on the motion. Ayes: Houchens, Horvat, Martin, Mason, Parrish & Thompson Nays: None Motion carried. Resolution Approving Pay Request #8/Final for Well #9 Treatment Facility, L. J. Dodd Construction Company – Trustee Thompson moved, Trustee Houchens seconded the motion to approve Resolution #2007-R-866 approving pay request #8/Final for well #9 treatment facility to L. J. Dodd Construction Co. in the amount of $127,528.74 subject to receipt of all unconditional waivers. Hearing no questions President Briscoe called for a vote on the motion. Ayes: Horvat, Parrish, Thompson, Houchens, Mason & Martin Nays: None Motion carried. Resolution Approving Pay Request for Police Department Mobile Computers and Equipment, CDS State Purchase – Trustee Houchens moved, Trustee Parrish seconded the motion to approve Resolution #2007-R-867 authorizing the purchase for the police department mobile computers and equipment from CDS Office Technologies in the amount not to exceed $14,000. Ayes: Parrish, Martin, Houchens, Horvat, Thompson & Mason Nays: None Motion carried. Resolution Authorizing Execution of an Amended and Restated Grant of Public Temporary Storm Water Management Easement – Trustee Houchens moved, Trustee Mason seconded the motion to approve Resolution #2007-R-868 authorizing execution of an amended and restated grant of public temporary storm water management easement for the Minooka Road business park (OPUS) in Kendall County. Hearing no questions President Briscoe called for a motion. Ayes: Martin, Houchens, Thompson, Parrish, Mason & Horvat Nays: None Motion carried. Staff Reports –Administrator Grabowski reminded the Board of a workshop that is scheduled for Thursday, September 13th at 7:00 p.m. and a Plan/Zoning meeting scheduled for Tuesday, September 18th at 7:30 p.m. He went on to thank Harris Bank of Minooka, Robinson Engineering, and Founders Bank of Minooka for sponsoring the summer movie series. 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 personnel and probable litigation. Trustee Thompson moved, Trustee Parrish seconded the motion to go into executive session to discuss personnel and probable litigation at 7:54 p.m. Ayes: Mason, Thompson, Horvat, Houchens, Martin & Parrish Nays: None Motion carried. Trustee Thompson moved, Trustee Parrish seconded the motion to return to regular session at 8:29 p.m. Ayes: Thompson, Parrish, Horvat, Martin, Mason & Houchens Nays: None Motion carried. President Briscoe noted that there was no action to be taken resulting from Executive Session. Hearing no further comments or questions, President Briscoe called for adjournment. Trustee Houchens moved, Trustee Thompson seconded the motion to adjourn the meeting at 8:31 p.m. All voted yes, motion carried. Milissa Felker, Deputy Clerk Date approved: September 25, 2007
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