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HomeMy Public PortalAbout01.06.86 VB MinutesPLAINFIELD VILLAGE BOARD OF TRUSTEES Regular Meeting DATE: January 6, 1986 AT: Village Hall MEMBERS OF BOARD PRESENT: Mayor Latta, J. Dement, J. Peterson, J. Bootz, D. Gullicksen, K. Gallanan, W. Sharp OTHERS PRESENT: J. West - Village Administrator V. Krnac - Village Clerk Attorney R. Huck Treasurer E. Geschke Mayor Latta opened the meeting at 7:32 p,m. with the pledge to the flag. Roll call was taken, all Board Members were present. D. Gullicksen moved to approve the agenda with the addition of an Executive Session on personnel, to reconvene requested by W. Sharp. Seconded by J. Dement. Voice vote. 6 yes, 0 no. Motion carried. W. Sharp moved to approve the minutes of December 2nd & 16, 19$5. Seconded • by J. Bootz. Voice vote. 6 yes, O no. Motion carried. J. Baotz moved to approve the current invoices far December '$6 for payment. Seconded by J. Dement. Vote by roll call. Dement, yes; Peterson, yes, Sootz, yes; Gullicksen,. yes; Gallanan, yes; Sharp, yes. 6 yes, 0 no. Motion carried, Mayan Latta announced the monthly dinner meeting far Will Gounty Municipal League will be Thursday, January 9th at Champaign Room (W.C. Flicks), Shorewood, dinner at 7:00 p.m. Bill Waldmeier, Local Government Management Services Department of DCCA, will be guest speaker. Anyone wishing to attend, contact the Clerk. Mayor Latta stated she would like to attend. J. Bootz requested time at Monday, January 13th Workshop to discuss the preliminary 86/$7 Budget, position descriptions and personnel handbook, Attorney R. Buck reported the dispute involving Mr. Bertani and Mr. Bada (Whispering Creek), the cause has been settled far a sum of money which they axe paying to us over a period of time. The property will be open for development in the very near future, hopefully within 30 to 45 days. Mayor Latta read a letter from R.G. Colombo, Chairman of the Will County Sesquicentennial Committee, requesting our participation in this event and the Village of Plainfield adopt a resolution. A copy of said resolution presented to the Will County Board at their Special Meeting January 12, 19$6 at 2:00 p.m. at the Will County Office Building. . PLATNFlELD VILLAGE BOARD OF TRUSTEES Regular Meeting January 6, 1986 Page Two W. Sharp moved to adopt Resolution Nv. $49 on Will County Sesquicentennial Celebration. Seconded by D. Gullicksen. Voice vote. 6 yes, 0 no. Motion carried. D. Gullicksen stated we have a matter with the Waad property (1061 Lockport Street) rezoning. Mr. Wood appeared before the Plan Commission on 12/17/85 and requested 1-1 zoning. Plan Commission advised Mr. Woad, B-4 zoning would fit his needs better and it would conform to the zoning in the area. Mr. Wood paid for the original l-1 zoning request. The Plan Commission recommended the Village waive the fee for the refiling. D. Gullicksen moved to waive the fee for Presley Wood's refiling for B-4 zoning. (1061 Lockport Street). .Seconded by K. Callanan. Vote by roll call. Dement, yes; Peterson, yes; Bootz, yes; Gullicksen, yes; Callanan, yes; Sharp, yes. 6 yes, 0 no. Motion carried. reported we have a request from John says for rezoning of the D. Gullicksen , North end of Plaza Shopping Center (addition) from s-1 to B-2. Attorney Myles Jacobs represented Mr. Bays to present their case. Mr. Jacobs stated the B-1 zoning was acquired prior to Mr. Bays purchasing the property, so they had tried to work within B-1 zoning and found there were limitations. Therefore, they requested a B-3 zoning because Mr. says owns the existing Plaza Shopping Center. Mr. Bays wanted to attach the addition to the North end of the Plaza. There were objections to B-3 .zoning, therefore, we stayed with B-1 and a separate building was built. We are having problems renting the new building due to .the restrictions on B-1. Therefore, we are requesting B-2 zoning, althv the difference from B-1 to B_2 zoning is very slight. We understand this building is near some residence and it could create pedestrian traffic and vehicle traffic on their street. Mr. Bays agreed, if a B-2 zoning was granted, (1) he would coxistruct a fence at the entire rear of the property so people could not walk through the back to get to the Plaza; (2) and to prevent vehicles from using Highview Court to get into the Shopping Center, they would work with the Village to dedicate a small portion of Bays property so there is no abutment to Highview Court. Mr. Jacobs distribued a letter to all Board members of Mr. Bays intentions, as follows: Be advised that John says, owner of the property which is subject to the above request for rezoning from a s-1 classification'to a s-2 classification, will agree to restrict his use as permitted under s-2 classification, if granted, as follows: 1. Floral Nursery: No outside display or sales of any permanent nature will be allowed. All merchandise will be stored inside the building. 2. Restaurant: A large sit-down facility will be eliminated. This agreement shall not be construed to preclude retail sales of food, beverages, etc., of a carry-out type nature where a small area of tables and chairs would be provided. PLAINFIET,D VILLAGE BOARD OF TRUSTEES Regular Meeting January 6, 1986 Page Three 3. Grocery: A large scale chain supermarket will be eliminated. This shall not be construed as precluding the use of the praperty for a neighborhood convenience store or grocery store. Tf the zoning change is granted, my client will agree to contruct a fence along the westerly side (rear) of both of his shopping centers and will dedicate a minimum amount of praperty in the rear of the center so that ingress and egress to the center from Highview Road will be eliminated. The restrictions in use, erection of the fence, and dedication of the praperty are acceptable to my client only if the B-2 zoning with restrictions as herein requested is granted. Unless agreement can be reached, it would be our intent to pursue our right to use the property within the scope of all uses granted under B-2 zoning as the code now provides. .Signed by Myles L. Jacabs. Mr. Jacobs stated if we do the things we have promised to do, it will be of more benefit to the people, and flexibility for us to gain tenants. Mayor Latta questioned if they are gaing to provide more parking at tl~e rear of existing shopping center? Mr. Jacobs stated there will be more parking provided and it wi 1 be landscaped. K. Callanan questioned where would er G e the fence be ~ at the edge of the property line? Mr. Bryant, ~~~ Cantractar, stated it is ~~de bevel now,. it will not need a retaining t~r C ~~. wall, the fence will be ~ at the property line. Mr. Jacobs stated if there is a drainage problem or anything like that, there is recourse to '~~,~1`~~~~' him (Mr. Bays) and that is why the catch basin was installed. D. Gullicksen'J~ stated something has come up that could be a problem later. .Behind the homes on the South end of Pratt Lane, on the plat, it shows a "planting strip" (at the backs of ail the homes abutting rear lot of existing shopping ~M r~ Buck, center). This plat was reviewed by Mr. Jacabs, Mr. Bryant ~ Mr. Bays, and Mr. West. Mr. Jacobs stated Mr. Bays will .w~~? his fence 10' East of his property line allowing for the "planting strip". J. Dement questioned, you stated you are going to add more parking to the existing shopping center, are you gaing to include in the covenant that you will never sell these two parcels separatly? Mr. Jacabs stated he would not advise Mr. Says to include that in the covenant. J. Dement questioned the height of the fence? Mr. Bryant stated it would be 7 foot stockade fence facing the neighborhood at a cost of $15,000. Mr. Lohmar questioned Mr. Bays, ~.:f he doesn't get the B-2, will he put up the fence? Mr. Bays stated he didn't think so. Mr. Lohmar stated the property in their area has been devalued. There were errors stated at the Elan Commission meeting. They stated Highview Court is 50' wide. It is only 2O' 8" wide; the street is not black top, it is oil and gravel surface; also the public notice stated .the address for this praperty was 106 Division Street. Mr. Lohmar questioned if the public notice on this property stated, commonly known as lQ6 Division Street, is that a valid document? Mr. Buck stated he would guess the legal description is proper public notice, but he will find out. Village Clerk, V. Krnac stated the property address should have been 112 • Division Street. Mr. I,ahmar stated he understands Mr. Bays is going to put PLAINEIELD VILLAGE BOARD OF TRUSTEES Regular Meeting January 6, 1986 Page Four in a hardware and ice cream stare. We are willing to work with you to get a variance or special use permit from the Village. We do object to anything in the food line and we do object to a blank B-2 zoning because what is not there now, could be later an. Mr. Lohmar further stated he respectfully requests the Baard denies this zoning. Mayor Latta questioned if a covenants will hold up in court and does the issue of 106/112 Division Street need to be resolved before a decision is made? Mr. Buck stated he does not believe the issue of the 106/112 Division Street makes a substantial difference in the notice requirements, the legal description prevails, he will check it out, The Village Clerk stated the "commonly known address." is only a canvience for the reader. It is not a requirement of the public notice, Mr. Buck stated the answer to your other question, if this zoning is given, it is based on the promises from Mr. Bays and his council. They are the ones who came forward and said they would do these things, therefore, the covenant runs with the land and not just an agreement with the Village. Yes, it is .enforceable. Arlo Simmons stated Mr. Bays is not giving up anything. The future use of this property is questionable. Mr. Lawrence Kelly stated Mr..Bays has said the downtown area is not what it used to be, no it isn't. B'ut I don't think this area will support another hardware stare, you will delete the base we currently have and jeopardize other businesses which will result in a decrease in taxes coming back to the Village. Mr. Bays stated the building was put up under B-1 zoning, originally I had asked for B-3 so I could connect the buildings, that was turned down. Connecting the. buildings. together, the building would have been at least 30' fram the property line. Due to not getting the B-3 zoning, I put up a building not connected. Right now, that building can be used and I will get tenants for B~1 zoning, but I will have to move tenants from the old building into the new building and the. new tenants into the old building. We have already spent a quarter million dollars more on this building because I didn't get the B-3 zoning. I'm asking for B-2 zoning. Mr. Lohmar stated Mr. Bays added 25 more feet on this building. D. Gullicksen stated we have allowed everyone to be heard and he questioned Attorney Buck if he was satisfied, everything has been put into the covenant? Attorney Suck stated he has their comment that they will put it in covenant form. We have a letter in writing that we can sue them on, so I don't have'any problem with it and I expect we should have this covenant by next meeting. D. Gullicksen stated this is a very difficult thing for me to do, particularily because I live in this neighborhood. D. Gullicksen moved the Village Baard concur with the Plan Commission recommendation and approve B~2 zoning (far the Bohn Bays property); contingent upon the covenants and promises to run with the land and grant of deed for a piece of property to prohibit the use of the end of Highview Court. Seconded by K. Callanan. Vote by roll call. Dement, na; Peterson, no; Bootz, yes; Gullicksen, yes; Callanan, yes; Sharp, yes. 4 yes, 2 na. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES Regular Meeting January 6, 1986 Page Five 8:45 p.m. Mayor Latta called 10 minute recess. 9:'00 p.m. Mayor Latta reconvened the meeting. D. Gullicksen requested approximately 15 minute presentation at the next Workshop 1/13/86 on the Will County Block Grant Program. D. Gullicksen reported, at the last board meeting, we discussed the Mobil Gas Station/Marcley oil (402 Main Street) and Jeff Marcley was at the meeting to represent Marcley Oil. At that meeting, the Board agreed to extend the time limit on the removal of the underground gas tanks to 4/1/86 with the stipulation that the tanks are defamed, cut the weeds, send us a report monthly, all of which was supposed to be done on or before January 1, 1986 and we have not received anything. Chief Bennett stated he was contacted by Jim Banks from Banks Service Co. reference to the tanks (defaming), indicating they do not defame underground tanks. Underground tanks are handled either by filling with sand or, not the common use, to fill with water, so they could be pumped out at a later time.. T have contacted the Fire Department, they are opposed to filling the tanks with water. D. Gullicksen stated T think we want to revise our recommendation allowing them to have until April 1, 1986 to clean up that property and get the tanks straightened out. D. Gullicksen moved to proceed with litigation to get the tanks removed and the property cleaned up at 402 Main Street. Marcley Oil did not comply with the stipulations agreed upon at the 12/16/85 meeting. Seconded by J. Peterson. Vote by tall call. Dement, no; Peterson, yes; Sootz, yes; Gullicksen, yes; Callanan, yes; Sharp, yes'. 5 yes, 1 na. Motion carried. Mayor Latta direct Chief Bennett to contact our attorney fox the procedures to follow, also he is to notify Marcley Oil of this decision. J. Peterson introduced Karen Drtroxel from the Institute of Cultural Affairs in Chicago and Joe McClinnon, Dean of the North Campus Joliet .Junior College, in Bolingbrook. Mr. McClinnon stated Harper College has already worked with some 20 Villages on Community services and Karen Drtroxel worked with Harper an this program and we are fortunate to have her available, if you chose to go into this program. Ms. Drtroxel stated this is a program for the village Board and village staff, They offer a 1~ day Planning Workshop. It consists of VISION - a realistic picture of the future for the Village in a three to five-year time frame. At the end of the first day, we decide on the things that should. be done in one year. Then a half day to take the one year implementation and look at what would be the quarterly accomplishments of your action plan. This helps you see where your common concerns are and where your actions need to be. Mayor Latta questioned the cost of this program. Mr. McClinnon stated it would cost approximately $1,000.00 for the 1~ day workshop, several staff members, PLAINFIELD VILLAGE BOARD OF TRDSTEES Regular Meeting January 6, 1986 Page Six all the materials. J. Boatz stated he would like to bring this up at a workshop for mare discussion. J. Peterson stated the Police Committee meeting will be 1/14/86 at 7:00 p.m. Chief Bennett reported he would like to postpone the Leads Terminal quotes until next meeting. Chief Bennett requested they allow two officers to attend school, Edwin Sennett at the Renaissance Center - supervisory school - January 13th thru 28th; afield training officer school for 2 weeks February 17th thru 28th. The cost of this training (including salary plus mileage) is shared 50/50 with the State. J. Peterson moved to approve sending Andy Vanderlei to field training school 2/17/86 thru 2/28/$6 at a cost of $590.00 plus mileage and salary, to be reimbursed partially by the State at the end of our fiscal year. Seconded by J. Bootz. Vote by roll calla Dement, yes; Peterson, yes; Bootz, yes; Gullicksen, yes; Callahan, yes; Sharp, yes. 6 yes, 0 na. Motion carried. Chief Bennett stated he met with Attorney Harvey to bring our drunk driving law back into our local ordinances to provide local control. Also, we discussed an ordinance making it illegal for the possession of cannabis, 2.5 grams. J. Peterson moved to authorize the attorneys to draft ordinances related to D.U.I, and illegal position of cannabis, 2.5 grams. Seconded by J. Dement. Voice vote. 6 yes, O no. Motion carried. W. Sharp stated our ordinances„ on the no parking an Lockport Street are not ready, but our attorney will have them far next meeting. W. Sharp reported we have issued a purchase order for the repair of the large over head door, at the Street Department garage at a cost of $750.00 to $800.00. J. Dement reported we have done grouting an Eastern Avenue that was retelevised at a time when there was considerable water in the area. There was found more joints leaking, these were not the original but added leaks. We might have a recommendation to repair those at the next meeting. I did bring along the television tape if anyone would like to view it. It might be called the dirtiest movie in town. We should have a recommendation far these repairs at next Board meeting. W. Sharp moved to adjourn to Executive Session: To reconvene seconded by J. Aement. Voice vote. 6 yes, 0 no. Motion carried. PLATN~"TET~D VTI,LAGE BOARD OF TRUSTERS Regular Meeting January 6, 1986 Page Seven 9:35 p.m. 9:49 p.m. W. Sharp moved to hire David Countryman at $4.00 per hour for snow plowing only, on call, until April S, 19$6; to only be called out by Ron Miller, Jim West, ar the Mayor; this hiring, subject to Jim West's final approval. Seconded by J. Bootz. Vote by roll call. Dement, yes; Peterson, yes; Bootz, yes; Gullicksen, yes; Callahan, yes; Sharp, yes.. 6 yes, 0 no. Motion carried. W. Sharp moved to adjourn. Seconded by J. Bootz. Voice vote. 6 yes, 0 na. Motion carried. 9:55 p.m. • ~- .~~ Vera Krnac - Village Jerk •