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HomeMy Public PortalAbout05.16.88 VB Minutes• i• PLAINFIELD VILLAGE BOARD OF TRUSTEES REGULAR MEETING DATE: MAY 16, 19$8 AT: VILLAGE HALL MEMBERS OF BOARD PRESENT: MAYOR LATTA, K. CALLANAN, D. GULLICKSEN, J. BOOTZ, D. LEWTN, J. DEMENT, L. KELLY OTHERS PRESENT: M. PUSINELLT - ADMINISTRATOR V. KRNAC - VILLAGE CLERK J. HARVEY - ATTORNEY R. MILLER Mayor Latta opened the meeting at 7:30 p.m. with the pledge to the flag. Ro11 call was taken, all members were present. J. Dement moved to approve the New/Old Business Section of the Agenda with the addition of Meals on Wheels item; Executive Session on land acquisition and personnel in Police Department and Water/ Sewer Department, not to reconvene. Seconded by L. Kelly. Voice vote. 6 yes, 0 no. Motion carried. J. Bootz moved to approve the Consent Agenda. Seconded by D. Lewin. Voice vote. 6 yes, 0 no. Motion carried. Attorney Randal Miller spoke in reference to Burger King. He stated on Friday, May 13, 1988, his office received a document entitled "Petition to the Board of Trustees of the Village of Plainfield". This document seemed to be a "Legal Ojbection" to our petition for the rezoning. Due to not receiving it (petition) until Friday, he was unable to file a response to the petition until tonight. He filed it with the Village Attorney and the Village Clerk. The response states the objection is insufficient in two (2) points: (1) it purports to enjoy the rights specified under Section 11-13-15 of Chapter 24, Illinois Revised Statutes. This section does not grant any authority for filing legal objections, should be 11-14-15. (2) objectors in the petition failed to attach the legal description of their houses, how they own the property, if it's contiguous, across from or abutting the boundary lines that the frontage purposed to be altered. (3) Mary Graham states that her objection states she is the owner of 20~ or more of the frontage, she only owns about 60 feet which is much less than 20~ required. This is the base of our response to their objection. Mr. Zary stated they filed and it is up to them (Burger King) to prove they are wrong. Mr. Carlman stated if the section quoted 11-13-15 was incorrect, the intent was to quote the correct (11-14-15) section under the law. Attorney Harvey responded 11-13-15 is a different section, but nowhere in the Statutes does it require they must site the Statute Section, it does PLAINFIELD VILLAGE BOARD OF TRUSTEES MAY 16, 19$8 PAGE TWO not detract from the basis of the petition. The common addresses are on the petition, the Statute does not require a legal description on the objection. There should be no question of the ownership interest of the Zary's, Carlman's and Mrs. Graham. Even if Mrs. Graham lacked the 20~ for her property, the two (2) other objectors have valid properties of at least 20~ and it's conceded that they have that type of ownership interest on the frontage. Based on these points, he stated the legal objection substantially complys with what the law sets forth, Mayor Latta questioned if Burger King could live with a slight variance from their purposed sign, because it exceeds our allowed 20 square feet. Mr. Reishus stated it was his understanding the sign would be a separate issue, but they would at the time (to install) do what is required for a variance. Mayor Latta questioned if Burger King is prepared to curb and gutter both sides of Chicago Street for the length of their property? Mr. Reishus stated they would be willing to work with the Village on that (reconstruction of street). Mayor Latta questioned if the alley could be chained from straight through traffic from Division to Dillman and make a drive from Chicago Street to the alley for local residents and emergency vehicles only? Mr. Reishus stated they would have no objections to this idea, but • they would have to work with the engineer to be sure it would work. K. Callanan questioned how many. cars will be able to stack up at drive- up window? Mr. Reishus stated they will provide space for 9 cars at each of the two (2) windows. L. Kelly questioned how many jobs would be available. Mr. Reishus stated 40 to 50 employees. L. Kelly questioned the income figure of $1,000,000 per year, that Mr. O'raurk at our last meeting stated it would be in the $400,000 range. Mr. Reishus explained Mr. O'raurk was answering a question from the audience stated same low line restaurants that would do as low as $400,000 and others who do much more than $1,000,000. J. Dement questioned if you have a lot of customers coming in during the rush hour on Saturday morning, traveling southbound an Division cutting across two (2) lanes of traffic without a turn lane, that could be very difficult, could back traffic up through town. Mr. Reishus stated it was pointed out that the high volumn of traffic that is experienced on Route 59 is not coinciding with the high volumn of traffic periods that we experience at Burger King. Our main business is done over the lunch hour from 11:30 a.m. to 1:30 p.m. J. Dement stated even one (1) car could block the traffic pattern. Mr. Reishus stated that is the reason for the access off of Chicago Street. D. Gullicksen questioned what is the implication of the petition of objection. Attorney Harvey stated it takes four (4) trustees voting affirmatively to rezone this particular parcel of property, normally it would require the majority. K. Callanan stated she has researched Burger King back to the Plan Commission and she was told that if Burger King met certain conditions that they would most certainly be granted the . zoning. Therefore, the zoning is the issue and she is not in favor of B-4 an that corner, but they have met every requirement we have requested. D. Gullicksen stated he feels Chobars are entitled to FLAINFIELD VILLAGE BOARD OF TRUSTEES MAY 16, 1988 FAGS THREE the proper use for this property and he feels this has become a "who" issue rather than a "what issue". K. Callanan moved to grant Burger King the B-4 zoning with the intent to address a possible sign variance; pave, curb and gutter Chicago Street (their property frontage); explore engineering for the turned alley. Seconded by D. Gullicksen. Vote by roll call. Callanan, yes; Gullicksen, yes; Bootz, no; Lewin, yes; Dement, no; Kelly, no. 3 yes, 3 no. Motion denied. Attorney Miller stated we have an objection on file that may be con- strued later, if this case were to proceed to court, as being a valid objection to the petitioners objection. And if the court were to con- strue that as a valid motion to strike their objection then a tie vote would require the Mayor to vote. Attorney Harvey stated that this would require the Mayor to make a hypothetical assumption that the petition on behalf of the objectors was going to be ruled invalid. Tf a court would rule at any time later that the objection is invalid, legally insufficient, that the owners do not own 20~ of the frontage, the court would remand it back to the Village for the majority vote. It would take same type of action on behalf of the owner/developer; the court would have to rule in the favor of the owner/developer; assuming it's not appealed, then the court would remand it back. Tt is not necessary for the Mayor to vote on something, not knowing what the legal. consequences are because as you set here a vote for it, assuming the legal abjection is correct, doesn't make any difference. State Statute states it needs a vote of four (4) trustees and in this vain, you are not a trustee, you are the Mayor. Mayor Latta stated she must go on the assumption that the objection is valid and there- fore, she shall not cast a vote tonight, the motion is denied. L. Ke11y stated the Board has tried to allow everyone to express their views, pro and con. Then, in an article in the paper, it stated a person exercised their Constitutional Rights which was to express their view. Then there was an implied reaction against that person in the hall. Apparently someone felt the only view that counted was theirs. Everyone has a right to their own opinion. Mr. Chobar stated. he agreed with Mr. Kelly's comment and he appreciated all the time that everyone spent on this project. Even though he does not agree with the decision, he respects their right to disagree. Jerry Taylor, Plainfield Fest '88 Chairperson, requests: (1) permission to close streets for the Fest. Closure of DesPlaines Street between Chicago and Lockport Streets for carnival set up through tear down and clean up; Thursday, July 14 5:00 p.m. through Sunday July 17 12:00 midnight. All other streets are: Fox River between Lockport & Commercial, DesPlaines between Lockport and Commercial, Chicago between Illinois and Fox River, Ottawa between Illinois and James; (2) permission to erect temporary Fest signs; (3) grant a temporary beer and wine license. e: PLAINFIELD VILLAGE BOARD OF TRUSTEES MAY 16, 1988 PAGE FOUR K. Callahan moved to approve the request of #1, #2, & #3 an Jerry Taylor's letter dated May 16, 1988 (for Plainfield Fest). Seconded by J. Dement. Voice vote. 6 yes, 0 no. Motion carried. Attorney Richard Selfridge appeared on behalf of Steve Gruben who has filed a petition: seeking a waiver of preliminary plat for Mr. Gruben's proposed subdivision. Mr. Gruben is seeking to divide his property to build a single family home at the rear. K. Callanan moved to waive the preliminary plat requirement far the proposed Gruben Subdivision. Seconded by D. Lewin. Voice vote. 6 yes, 0 no. Motion carried. Ron Schelling spoke in reference to his proposed subdivision, Renwick Park Estates. he stated Mr. Djerf had gone over the storm water drainage from Renwick Park Estates would be less in a developed condition than it currently gets ih an undeveloped condition. In a letter dated April 29, 1988 from Plainfield Township, they approved the tie-in to storm sewer. We are here this evening for the approval of the preliminary plat. After much discussion and concerns of the storm water run off, J. Dement requested Mr. Sal Ferreri, who lives • 2 blocks from the subdivision to speak. Mr. Ferreri stated he would be happy to have the subdivision, if it doesn't cause flooding on his property, He stated he has lived there for the past 13 years and has seen water run down Renwick Road and flood the property they want to build the subdivision on. His property has never been flooded and he certainly doesn't want to be flooded due to this subdivision. D. Gullicksen stated there is no substitute for a good storm sewer. L. Kelly stated he feels this should be tabled because we have more questions and we want a report from the engineer. We should request that our engineer, John Djerf attend the next meeting to answer our questions. After much more discussion--- K. Callanan moved to continue tonight's meeting (May 16, 19$8) to May 23, 1988 at 7:00 p.m. and our engineer will attend to discuss the Preliminary Plat of Renwick Park Estates, with the Workshop to follow. Seconded by D. Gullicksen. Voice vote. 6 yes, 0 no. Motion carried. K. Callanan moved to adapt Ordinance No. 1159 Variation of Maximum Sign Size Requirements for Plainfield Stamping - Illinois, Tnc. from 20 square feet to 32,3 sgaure feet. Seconded by L. Kelly. Vote by roll call. Callanan, yes; Gullicksen, yes; Bootz, yes; Lewin, yes; Dement, yes; Kelly, yes. 6 yes, 0 no. Motion carried. K. Callanan moved to adopt Ordinance No. 1160 An Ordinance Establishing A Three-Way Stop Intersection At Union And Corbin Streets. Seconded by J. Dement. Callanan, yes; Gullicksen, yes; Bootz, yes; Lewin, yes; Dement, yes; Kelly, yes. 6 yes, 0 na. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES ,'~ MAY 16, 1988 FAGE FIVE J. Dement moved to adopt Supplemental Resolution No. 912 For Main- tenance of Streets and Highways appropriated in the amount of $120,000.00 of Motor Fuel Tax Funds. Seconded by D. Gullicksen. Vote by roll call. Callanan, yes; Gullicksen, yes; Bootz, yes; Lewin, yes; Dement, yes; Kelly, yes. 6 yes, 0 no. Motion carried. J. Dement moved to direct staff to compile plans and specifications and to advertise for bids far the 1988/89 proposed Street Maintenance Program. Seconded by D. Gullicksen. Voice vote. 6 yes, 0 no. Motion carried. Mayor Latta reported we received a letter from John Annerino, Chairman of will County Board, inviting the Board to a meeting Monday, May 23, 1988 in reference to Wi11 County Officials working together in the solid waste disposal issues. Mayor Latta announced the Commerce Association monthly meeting will be Thursday, May 19, 1988 at Mandy's Restaurant at 12:00 noon. Mayor Latta announced that Plymouth Congregational Church celebrated their 25th anniversary this past week and we congradulate them. Mayor Latta announced the VFW is requesting permission to conduct "Buddy Poppy Da~rs" May 20th and 21, 1988. Due to the Mayor proclaiming May 27, 1988 as our local American Legion Poppy Day, it was the consensus of the Board to deny. It is too close to the local "Poppy Day" and no name was left for us to contact. Mayor Latta proclaimed Saturday, June 18, 1988 as Dollars Against Diabetes "Dad's Day". She directed the Clerk to write a letter approving their request but they shall not solicit in the streets or intersections. M. Pusinelli reported Modern Builders has requested "Payout No. 2" for Municipal Compliance Plan in the amount of $207,598.65. D. Gullicksen moved to authorize the "Payout No. 2" to Modern Builders for the Municipal Compliance Plan in the following steps: (a) Approve payout request No. 2 in the amount of $207,598.5 contingent upon the submittal of all applicable waivers of lien to the Village by Modern Builders; (b) Transfer the appropriate sum from the Water/Sewer Fund Account No. 02-1191-732 to the Municipal Compliance Plan Fund to meet this payout amount; (c) Payment be made by the Village to Modern Builders from the Village's Municipal Compliance Plan Fund; (d) Request $145,319.05 from the Illinois Environment Protection Agency in Build Illinois Funds. This amount is derived as follows: $207,598.65 x 0.7 x $145,319.05. Per our agreement with the Illinois Environmental Protection Agency, the Village is to receive $370,000 for this project, or 70~, whichever is less. Thus, we would request 70~ of the payout amount. Seconded. by K. Callanan. Vote by roll call. Callanan, yes; Gullicksen, yes; Bootz, yes; Lewin, yes; Dement, yes; Kelly, yes. 6 yes, 0 no. Motion carried. i• PLAINFIELD VILLAGE BOARD OF TRUSTEES MAY 16, 1988 PAGE SIX J. Bootz moved to cancel the Board meeting of July 4, 1988 meeting. The following Board meeting will be held on July 18, 1988 at 7:30 p.m. Seconded by D. Lewin. Voice vote. 6 yes, 0 no. Motion carried. K. Callanan requested due to the Village not receiving Revenue Sharing Funds, could the Administrator put a line item in the 88/89 (after 7/1/88) Budget for Seniors Silver Harvest Meals on Wheels of $1,000.00. J. Dement reported the Street Department are cleaning "catch basins", painting curbs and checking sidewalks. Tt doesn't look too encouraging that Jimmy McDaniel is going to be able to return to work in the near future. L. Kelly stated the Plan Commission for tomorrow (May 17, 1988) has been cancelled. Interviews far the Planner will be held Wednesday, May 18, 1988 at 6:30 p.m. J. Bootz moved to purchase a Savon 750 copy machine for the amount of $6,995.00 (includes a one-year service contract) (to be paid after July 1,1988), Seconded by J. Dement. Vote by roll call. Callanan, yes; Gullicksen, yes; Bootz, yes; Lewin, yes; Dement, yes; Kelly, yes. 6 yes, 0 no. Motion carried. D. Lewin acknowledged receipt of the Police Operations for the month of April, 1988. Mayor Latta reported we have received a request from an individual if the Village is interested in selling the "Old Village Hall". After some discussion, it was the consensus of the Board to direct Administrator Pusinelli to draft a letter to the Historical Society of their intentions. Mayor Latta made the following appointments: Planning - Larry Kelly Ordinance & Licensing - Karen Callanan Police & Communications -- Denna,s Lewin Streets & Sidewalks - Jeff Dement Cable T.V. - Jeff Dement/Larry Kelly Cable Access League - Larry Kelly Water & Sewer - Karen Callanan/Dale Gullicksen Building & Grounds - Jeff Dement Finance - Joseph Bootz Administration & Personnel - Joseph Bootz Development - Dale Gullicksen/Larry Kelly ESDA Coordinator/Director - Larry Kelly • Plainfield Fest - Karen Callanan Senior/Meals on Wheels - Karen Callanan PLAINFIELD VILLAGE BOARD OF TRUSTEES • MAY 16, 1988 PAGE SEVEN Building Department - Dennis Lewin Downtown Development - Jeff Dement/Karen Callanan Planning Arlo Simmons, Chairman (1 year) Jim Sobkoviak, Vice--Chairman (1 year) Mark Krippel (3 years) Ex-Officio Robert Russ - 1~ mile territory Avon Arbo - School District Marilyn Gehrke - Township Dee Norris -- Village Limits Gwen Krahn - Library John Eichelberger - Fire District Electrician - Donald Schmitz Plumber - Melvin Dralle Building Inspector - Allan Mauer Attorney - James Harvey Treasurer - Ed Geschke J. Dement moved to adjourn into Executive Session not to reconvene this evening, but to continue this meeting on Monday, May 23, 19$$ at 7:00 p.m. Seconded by J. Bootz. 6 yes, 0 no. Motion carried. 9:31 p.m. L. VERA K AC - VILLAGE CLERK •