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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.
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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.
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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
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