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HomeMy Public PortalAbout06.02.86 VB MinutesPLAINPIELD VILLAGE BOARD OE TRUSTEES Regular Meeting DATE: June 2, 1986 AT: Village Hall MEMBERS OF BOARD PRESENT: Mayer Latta, K. Callanan, W. Sharp, J. Dement, J. Peterson, J. Bootz, D. Gullicksen OTHERS PRESENT:. V. Krnac - Village Clerk Attorney J. Harvey H. Gountryman J. Donahue E. Geschke At 7:32 p.m. Mayor Latta opened the meeting with the pledge to the flag. Roll call was taken, all members were present. W. Sharp moved to approve the Agenda with the additions of a discussion on Ordinance No. 1109 (Bays) and a letter in reference to that ordinance (Plan), discuss amendment to Vehicle Sticker ordinance reference free sticker to POW's (Ordinances & Licensing) requested by D. Gullicksen; discussion on Radium and request from John Donahue (Water & Sewer) requested by J. Dement; discussion vn Bays fence (Plan) requested by W. Sharp; Municipal League letter requested by Mayor Latta. Requests for Workshops: June 9th - Avery Gravel Co. and Cable Tower requested by W. Sharp; Radium problem requested by J. Dement; Report on Codification of ordinances requested by K. Callanan; June 23rd Naperville Planning Dept./Boundary Agreement requested by W. Sharp; June l2 (continued 6/9 Workshop) vn the Budget requested by Mayor Latta. Seconded by K. Callanan. Voice vote. 6 yes, 0 no. Motion carried. Mayor Latta stated it is difficult for the Clerk and all of us to make decisions when we add things to the Agenda. If everyone can try to get the information to the Clerk by Wednesday prior to the meeting, then we might not be so generous to add to the agenda on meeting nights. W. Sharp moved to approve the minutes of May 5th and May 19, 19$6 as presented. Seconded by J. Bobtz. Voice vote. 6 yes, 0 no. Motion carried. Mayor Latta requested approval of current invoices for payment. D. Gullicksen questioned several Police Dept. invoices: Diagnostics? Chief Bennett stated for car repairs. D. Gullicksen questioned don't we have a mechanic? Chief Bennett stated he hasn't showed up for work. Western Union? Chief Bennett, two month fee for installation of computer. Rae O'Herron? Chief Bennett, police supply out of Danville, targets, . gun cleaning equipment for summer shoot. Rod Baker Ford? Chief Bennett, Unit 5, we are having mechanical problems. Ramar Electronics? (thought PLAINFIELD VILLAGE BOARD OF TRUSTEES June 2, 1986 Page Two we got rid of them) Chief Bennett, they only work on our radax not radios. In-Detail $77.00? Chief Bennett stated that is Chobar's car washing service. D. Gullicksen questioned we are paying Easter Seals and Plainfield Township (HEMATS)? Mayor Latta stated that was approved at the Revenue Sharing Public Hearing. If the money came in, we could make distribution. To date, all distributions from Revenue Sharing have been paid with the exception of "Spring Cleanup" (in process). J. Bootz moved to pay the May 19$6 invoices, with corrected copy of page 2. Seconded by W. Sharp. Vote by roll call. Callahan, yes; Peterson, yes; Sharp, yes; Dement, yes''; Bootz, yes; Gullieksen, yes. 6 yes,::4.:'no. Motion carried. Mayor Latta read a letter fxom Plainfield Central School/Mr. Schleeter to Chief Bennett stating their gratitude for the Plainfield Police Dept. and Street Dept. for assistance in traffic control to make their "Project Read Parade" a success. Mayor Latta read a request fxom Richard Graham to block off Teal Court June 28, :1986 from 7:00 p.m. to 11:00 p.m. for a block party. They will have a live band and a party tent would be constructed. The tent will be removed the next morning, making any repairs needed to the street. There was no objections from the Board and Mayor Latta directed the Clerk to - write a letter of approval. Mayor Latta read a proclamation, proclaiming June 15, 1986 as the "Twenty-Second Annual Midwest Music Festival Day." Mayor Latta announced the Will County Municipal League will held their monthly meeting Thursday, June 12, 1986 at Frankfurter Hofbrau in Frankfort. Lyman Tiernan, Attorney for Will County Public Building Commission will speak. J. Bootz moved to acknowledge receipt of the April 19$6 Treasurer's Report. Seconded by W. Sharp. Voice vote. 6 yes, 0 no. Motion carried. D. Gullicksen stated he would like to discuss the ordinance passed at last meeting 5/19/86 (Ord. ~~1109). Mr. Lohman passed out a copy of a letter to all Board Members (he neglected to give a copy to the Clerk, who writes the minutes). Mr. Lahmar stated they take e~ceptian to the legal notice published in the Enterprise, quote "Whereas na written objections to the rezoning of said premises were filed and no one appeared in person to object to the rezoning of said real estate". Mr. Lohman stated they have never withdrawn our objections, they were filed with Vera, sent copies to Mr. Bays and Mr. Jacobs. This ordinance stated the rezoning of 106 Division Street, which is in error, should be 112 Division Street. Mr. Harvey stated he wasn't at the meeting. The protest was presented between the parties (1/6/86). In reference to the addxess, is the legal description correct Mr. Lohman stated it was correct. Mr. Harvey stated the legal description . PLAINFIELD VILLAGE BQARD OF TRUSTEES June 2, 1986 Page Three is the only way you can amend the zoning of a parcel of property. No matter what address is published, it has no legal effect. The description is the legal document. J. Dement stated it is imperative we correct the address because most people ,who read a legal description, have no idea where the property is located, but are familiar with an address. Mr. Harvey agreed. Mr. Lohman requested it be on record they have objected to the B-2 zoning. Mr. Lohman asked if the objectors should be provided with a copy of the covenant. Mr. Harvey .stated Mr. Lohman requested a copy and he (Mr. Harvey) sent it to him. D. Gullicksen stated the covenant that was drafted did not include everything discussed at the January 6th meeting. The 10' set back was left out, the fence should be set back 10' to allow a planting strip along the west side of the lot. (in minutes 1/6/$6 pages 3 & 4) Mr. Harvey stated the covenant is between Mr. bays, the petitioner and the Village. The ordinance and the covenant was presented to the Board a couple of weeks prior to the date 3t was passed. Tf there was something to be added or deleted, I would have thought it would have been brought out. W. Sharp stated in the 1/6/86 minutes, page 3, it appears there was confusion on where the fence would be placed. Mr. Lohman questioned W. Sharp, if he had reviewed the convenant? W. Sharp stated he had reviewed the covenant and he honestly. thought the fence was to be placed. on the westerly line (ref. last Board meeting 5/19/86). But at the meeting in January, the placement of the fence, l0' or not, based on if the planting strip. is a legal description. K. Callanan questioned Mr. Harvey, if this planting strip is on the plat and it has been recorded, doesn't it supersede the covenant? Mr. Harvey stated if you have a planting strip that means you cannot pave or black top it. Growth of some kind is to be allowed on that strip, but it is still the person's property. It is like an easement. You cannot put a permenant structure on it because it could be ripped up. Mayor Latta questioned if it would be fenced. Mr. Harvey stated it is his (Mr. Bays) property and I cannot believe it would be in violation, that's my opinion. D. Gullicksen stated they went to the title company and it showed the planting strip on the plat. Mr. Harvey stated if all parties were in agreement and those agreements were not included in the covenant, then 1 would tend to agree they should have been in the covenant. Mr. Carl Bryant stated he is hexe to represent John Bays. He stated he attended the meeting of January 6, 19$6. The planting strip was brought up after Mr. Bays voluntarily offered to install a fence around the perimeter, not only the new building but at the rear of the old building. At that meeting when the planting strip was bought., Mr. Bays nor I knew nothing about the planting strip and we didn't know what it was. There was confession. Mr. Jacobs (Attorney for Mr. Says) agreed to the planting strip but after we checked it out, Mr. Bays is completely against the 10' planting strip. It makes no sense to put a planting strip and a fence.' They both act as a screen. Mr. Bays has said, if you want the planting easement, you can have that or the fence but not both. D. Gullicksen stated he (Mr. Says) agreed to the planting strip at the 1/6/86 meeting. Mr, Bryant stated he did not under- • stand what the planting strip was. D. Gullicksen questioned why this was not communicated to the Board? Mr. Bryant stated there was a discussion PLAINFIELD VILLAGE BOARD OE TRUSTEES June 2, 1986 Page Four between the attorneys. The planting easement is on the property line with the exception of one party. The planting easement may be on paper but it has never been used? Why would you require him to give up 10' of his property'? D. Gullicksen stated, whatever is going to happen, there is an unknown to all the residents, so they want a planting easement, they want a barrier, and they want a fence. Mr. Bryant stated, you can have the fence or the planting easement. D. Gullicksen stated we will have both. Mr, Bryant stated he did not think so. W, Sharp questioned who takes care of the planting strip? D. Gullicksen stated he thought it should be up to the residents to plant what they want to plant. K. Callanan stated she thought the property owner would plant the strip and she did not understand a planting strip could be used the same as a fence. Mayor Latta stated the planting strap belongs to the property owner, not the neighbors. D. Gullicksen moved to amend the ordinance to include the 10' planting easement and the fence along the west property that is presently zoned .. B-3 (original part as is shown in original plat). Mrs. Krupowicz stated this was all hashed out, Tt was done. We have to live with it. Since when can you come back and say T didn't know what T was doing, T want to take it back? Mr. Bryant stated at the last Board meeting, Mr. Lohmar questioned, what about the planting easement, and I stated it followed the • property line and the Board members understood that and .had the material in front of them and passed the ordinance, J. Dement seconded the motion. D. Gullicksen stated he has a letter from a resident Mr, Spese supporting this position and he would like it to be on record of his support (10' planting easement). .(After some discussion of this not being on the agenda.) J, Peterson stated this could be tabled because it wasn't on the agenda, I don't have my notes, I'm in the dark, I did take notes, I would like to respond but I cannot. Mr. Harvey stated the issue agreed to and what the covenants were suppose to comprise,. was negotiated over a period of time, you might want to refer to your notes. if thus covenant is sought to be changed, we would have to attempt to get Mr. Bays to agree to the change. Right now, it is a binding document. J. Peterson questioned if it would help to consult Mr. Buck because he was at that (1/6/86) meeting? Mr. Harvey stated he spoke to Mr. Buck about the 10' planting strip and he (Mr. Buck) didn't understand it was to be part of the planting strip. J. Peterson questioned, assuming the fence goes on the east side of the 10', who maintains that since he (Mr, Bays) will no longer have access to it? Unless he has access, how does he maintain his property. D. Gullicksen stated each resident would maintain it. Mayor Latta stated she would like the fence on the property line with a planting strip east of the fence where he would plant grass and Mr. Bays could maintain the 10'. J. Dement questioned Mr. Harvey, are you saying you can put a fence on a planting area? Mr. Harvey stated the neighbors cannot come. onto that property. J. Dement stated can they put a fence on the planting strip if we gassed the ordinance and they can't put a fence • on the planting strip, what good is the ordinance? Mr. Harvey stated a planting strip is a buffer. If you have a fence on it, it doesn't condemn the property owner's right to use his proper~,y as long as he did not pave, . PLAINFIELD VILLAGE BOARD OF TRUSTERS June 2, 1986 Page Five cement or condemn it so as to not allow anything tp grow. A fence would not prevent things from growing. D. Gullicksen withdrew his emotion. D. Gullicksen moved to table the fence/planting strip at the wesf side of Bays B-3 (rear of old shopping plaza) to July 7, 19$6 meeting. Seconded by J. Baotz. Vote by:ro.ll call. Callanan,, yes; Sharp, yes; Dement, yes; Peterson, yes; Bootz, yes; Gullicksen, yes. 6 yes, 0 no. Motion carried. C. Bryant stated (for the retard) Mr. Says opposes duplication of screens. In other wards, he wi11 not allow both (fence and planting strip). As far as .the fence at the new center, he has no problem with that. The new part (fence) will be done. Mr. Harvey stated he will review the planting strip and .ask Mr. Buck about the discussion regarding it. The ordinance was passed, it is binding until repealed. W. Sharp read a letter from Arnold E. Germain stating he has entered into a contract to purchase lot ~~$5 in Pheasant Chase Subdivision from City Carp. of Chicago and requested a release from the Board to allow him to apply for a building permit in 3 to 6 months. K. Callanan stated she suggested we request Mr. Germain wait until all the balance of the late in Pheasant Chase Subdivision are released by the Village. This came up separate. We have worked 5 months with a new developer, making him pay for all the improvements. Mayor Latta stated there are 4 lots not included in the agreement with the developer.. K. Callanan stated anyone who has owned a lot in the past should be allowed to build. He is now purchasing this. lot, he should have to wait. J. Peterson stated the permits issued to Mr. Graham were part of the agreement which does not effect this property in any way. J. Dement moved that lot ~~85 in Pheasant Chase Subdivision and the three (3) other lots be released with the balance of the lots in the subdivision, when the engineering problems are corrected. Seconded by W. Sharp. Vote by roll call. Callanan, abstain; Sharp, yes; Dement, yes; Peterson, no; Bootz, no; Gullicksen, yes. 3 yes, 2 no, 1 abstention. Motion carried. K. Callanan moved to approve Ordinance No. 1X10 Rezoning 605 'Main Street from Residence A to Residence A-2 District. Seconded by. W. Sharp. Vote by roll ca11. Callanan, yes; Sharp, yes; Dement, yes; Peterson, yes; Bootz, yes; Gullicksen, yes. 6 yes, 0 no. .Motion carried. K. Callanan reported Michael Lambert has redesigned the logo and drew the grass mare similar to prairie grass. She read the letter donating the logo to the Village. PLATNFIELU VILLAGE BOARD OP TRUSTEES June 2, 1986 Page Six K. Callanan moved to adopt Resolution No. 8S7 proclaiming the Official Lago for the Village of Plainfield created by Michael Lambert. Seconded by J. Peterson. Vote by roll call. Callanan, yes; Sharp, yes; Dement, yes; Peterson, yes; Bootz, yes; Gullicksen, yes. 6 yes, 0 no. Motion carried. K. Callanan/J. Dement displayed a banner. They reported the Commerce Assoc. and Village could. work together and have banners s~mi.lar to this with our new logo to display on bath sides of Lockport Street downtown. They would like these banners in time for Plainfield Fest '86. The cost to the Village would be $1,120.00 for brackets to display the banners. The Commerce Association and other organizations will pay for the banners and install them. W. Sharp stated he would check the Street Department budget and get back to the Board at next meeting 6/l6/$6. Mayor Latta. thanked Mary Alice Lambert for her help on the banners and our thanks to Michael :Lambert for the design of Plainfield's new logo. A setter of appreciation to Michael wi11 be sent this week. K. Callanan announced the Seniors Information Night will be held at 7:00 p.m., June S, 1986 at Plainfield United Methodist Church.. K. Callanan stated Plainfield Fest '86/Michael Lamert has made some requests (letter S/1S/86) on: Signs; Street Closures; Temporary Beer and Wine Licenses; and Security. Chief Bennett questioned if the Village wanted to continue with security, the procedure as done in the past, 25 hours security. The Rest committee will pay the Village for 16 hours of security from midnight to 8:00 a.m. on Friday and Saturday evenings, or did the Village want to donate as our contribution to the Fest, with both full-time and auxiliary officers. After some discussion, it was agreed security will be done as in the past. K. Callanan moved to a11aw Plainfield Fest to erect temporary signs throughout the run of the Fest and approximately 2 weeks prior to Fest but no banners across the highways. Seconded by W. Sharp. Voice vote. 6 yes, 0 no. Motion carried. K. Callanan moved to allow the request from the Pest committee for the following street closures during the operating hours of Plainfield Fest: Chicago Street from Fox River to DesPlaines; Fox. River from Lockport to Commercial; Desplaines from Lockport to Commercial; and Ottawa from DesFlaines to Fox River be closed to all traffic except local homeowners and those with appropriate temporary passes. Additionally, we request that Chicago Street from DesPlaines to lllinois be allocated for handicap parking only as well as "no parking" be allowed an Ottawa from DesPlaines to Illinois and Pram Fox River to James Street. Seconded by J. Dement. Voice vote. 6 yes, 0 no. Motion carried.. PLATNFIELD VILLAGE BOARD OE TRUSTEES June 2, 1986 Page Seven K. Callanan moved the Village provide security at the Fest for 25 hours. The Fest Committee will pay the Village for 16 hours of security from midnight to 8:00 a.m. on Friday and Saturday evenings at $15.00 per hour to be reimbursed to the Village. Seconded by D. Gullicksen. J. Peterson questioned what the cost of providing security for the Fest will be in man hours donated. Chief Bennett wi11 provide a schedule. J. Peterson stated we wi11 provide the security. K. Callanan stated she will return to next Board meeting with the schedule. K. Callanan withdrew the motion. D. Gullicksen withdrew the second. D. Gullicksen moved to amend the Vehicle Sticker Ordinance to allow one (1} free sticker per P.O.W. for his personal vehicle on1 and authorize the attorney to draft the ordinance. Seconded by J. Dement. Voice vote. 6 yes, 0 no. Motion, carried. J. Peterson stated he is introducing Plainfield Police Staff Study of Rules and Procedures. Police Departments responsibilities in personal relationships both to people and property, these are defined by rights. Any police department must relate to different governmental units, Supreme Court Decisions, Illinois State Statues and Local Ordinances. The Rules and Policies Manual puts all of these into one (1) document. He stated he appreciates the work Chief Bennett has put into this document. He (Peterson) stated on the first page, he would like a line drawn above the Police Chief and wait until we receive the Hale Study to determine the relationship from the Police Chief up, the Manual is related to the Policy Department primarily. J. Peterson moved. to adopt the Police Department Policy Procedures Rules and Kegulations as amended (in resolution form), subject to the attorney's review and recommendations. Seconded by J. Dement. Vote by roll call. Callanan, yes; Sharp, yes; Dement, yes; Peterson, yes; Bootz, yes;. Gullicksen, yes. 6 yes, 0 no. Motion carried. After much discussion referencing the chain of command, Chief Bennett Stated that the Rules and Policies can be added and amended at any time. If we feel there is a better way, it can be changed. It was agreed by the Board to leave the chain of command as is. W. Sharp reported the sidewalk repairs are being done now. W. Sharp stated Cable TV has notified the Village they will be laying cable in Pheasant Chase and Whispering Creek Subdivision soon on the underground utilities. This is just a notification. J. Dement reported, at the June 9th Workshop, we will be discussing "Radium" in the Village water. Our staff has acquired a film from Yorkville. It tells about Radium, its.. cause, what we can do about it, how severe is the problem. He suggested the Board might want to view this film. K. Callanan PLAINFIELD VILLAGE BOARD OF TRUSTEES June 2, 1986 Page Eight stated ~.t is very important we view this film to learn from it. John Donahue stated Yorkville had a Public Hearing with members of the E.P.A., Representative from Argonne National Laboratory. These were people who are experts in the field. It was agreed to show the film on June 4, 1986 at 7:00 p.m. at the Village Hall, open to the public. J. Dement stated John Donahue is a member of Illinois Association of Pollution Control, as is our other staff members. .John has been asked to run for Secretary for our section of Illinois. This would involve 2 to 3 days far John to be gone to the meetings at their hear~.ngs. This ~.s a request from Harry Countryman for approval.. If the Board agrees, when John attends these meetings, his salary and expenses should be covered. H. Countryman stated these meetings would be spread out over the year. Mayoar Latta stated this would be a good opportunity for John and fox Plainfield to have him involved. H. Countryman stated this is a high honor for John and to the Village to be asked to run far this pasit~.on. There was no opposition from the Board. J. Dement directed that under "Unfinished Business" on the Agenda _ Water Tower Usage be removed. ~~ W. Sharp moved to adjourn. Seconded by J. Peterson. Voice vote. 6 yes, 0 no. Motion carried. 9:35 p.m. ~~ era Krnac, 'Vi:l1 e Clerk