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HomeMy Public PortalAbout11.18.91 VB Minutes PLAINFIELD VILLAGE BOARD OF TRUSTEES REGULAR MEETING DATE: NOVEMBER 18, 1991 AT: VILLAGE HALL MEMBERS OF BOARD PRESENT: MAYOR LATTA, J. GAYLORD, W. SHARP, J. DEMENT, M. LAMBERT, J. RAY. D. GULLTCKSEN WAS ABSENT. OTHERS PRESENT:' D. V. J. P. J. D. At 7:03 p.m. Mayor Latta op the flag. VAN VOO KRNAC - HARVEY WALDOCK DJERF - BENNETT ened the REN - ADMINISTRATOR VILLAGE CLERK ATTORNEY - PLANNER ENGINEER - POLICE CHIEF meeting with the pledge to Roll call was taken, D. Gullicksen was absent. J. Gaylord moved to approve the New/Old Business Section of the Agenda by moving #5 Discussion - Tree Ordinance up on Agenda to #1. Seconded by W. Sharp. Voice vote. 5 yes, 0 no. Motion carried. J. Dement moved to approve the Consent Agenda to include the minutes of the Special Meeting of October 30, 1991 and Regular Meeting of November 4,.1991. Seconded by W. Sharp. Voice vote. 5 yes, 0 no. Motion carried. Planner waldock spoke in reference to the proposed Tree Ordinance. This ordinance is based on a model. supplied by the Department of Conservation for our use. The ordinance establishes a Municipal Tree Berard, which has the responsibility aver all trees, plants, and shrubs located within street right- of-ways (and other Village awned properties), landscaping requirements for new subdivisions and other types of development along public right-of-ways. The regulations include insurance requirements for working within the right-of-way. The text includes specifications far trees including species, spacing, sizes and maintenance. The Tree Board or its designated official may also have authority by the ordinance to enter an to private property with the consent of the property owner, to determine for the purpose of public safety, whether tree or plant condition are hazardous. This would be in the event that the property is suspected of infestation, or plants on the site have been damaged by storms or traffic accidents. Specific enforcement criteria, including permits, are included in the ordinance. The Park District is reviewing this ordinance to prepare comments. This ordinance is one of the qualifying factors for the "Tree City PLAINFIELD VILLAGE BOARD OF TRUSTEES NOVEMBER 1$, 1991 PAGE TWO U.S.A." Tom Gargrave, a representative from the Department of Conservation, spoke in reference to this ordinance. He stated by this ordinance, no homeowner or utility company could trim a tree in the parkway without a permit, except for fertilizing and watering ar pruning limbs less than two (2") in diameter. Mayor Latta stated after the Tree Board is formed, they will decide how to get the information out to the public and make the permit process work. Tom Gargrave stated he would be willing to serve on the Tree Board for one (1) year to train them on the procedure. Also, the Park District is familiar with procedure. Attorney Harvey stated if any enforcement needs to be done, he assumes from a liability point of view, a volunteer board would not do the enforcement. Tom Gargrave stated the enforcement could be handled by the Village Board and the Zoning Board of Appeals. Attorney Harvey stated the ordinance could be changed to adopt these procedures. Administrator Van Vooren spoke in reference to the Request Far Sewer Charge Adjustment, Tornado Homes. Please recall, that at the September 23, 1991 Regular Meeting of the Plainfield Board of Trustees, I presented to the Board a request for a sewer adjustment from certain property owners effected by the August 2$, 1990 tornado. At that meeting the Board requested that I provide additional information regarding the impact of said request. Staff has now completed an analysis of the quarterly sewer bills for the one-hundred twenty three (123) buildings effected by the tornado. The exhibit provides you with information as to the addresses of the buildings and their November 1991, August 1991 and August 1990 quarterly sewer bill, as well as any credits previously given by the Village Board. This list includes all of the buildings that sustained damage as a result of the tornado. In summary, the total sewer bill for the quarter ending .August 1991 for all 123 buildings was $4,226.25 ar $578.30, 15.8 increase, more than the same quarter in 1990. However, the November 1991 quarterly sewer bill (July, August & September) is $2,470.80, 67.7 increase, more than the August 1990 quarterly sewer bill. We are still receiving inquiries on the matter and we would like some direction from the Board. J. Dement stated if someone waters their lawn because they want green grass, they should pay the bill. If it is from tornado damage and the Village expects these homeowners to put in sod, seed or plantings, it is almost mandatory that they water to keep these alive. W. Sharp stated that the tornado was the biggest disaster we have ever .had, is not a draught a natural disaster? M. Lambert stated he wishes there were a way to remedy to satisfy everyone. There is no correlation from one neighbor to the next. There is no equitable solution to decide who watered out of necessity or who watered out of desire. W. Sharp stated he is not in favor of doing anything, there is na way to judge, no way to be equitable. PLAINFIELD VILLAGE BOARD OF TRUSTEES NOVEMBER 18, 1991 PAGE THREE The Village Clerk received a petition containing ninety-three (93) signatures. The petition requested a change in the method the Village charges for sewer service. Also, they requested an adjustment on their sewer bills. Several residents from the audience spoke: Bob Norton, Pratt Lane; James Warmbier, Commercial Street; and Kevin Meyers., Vista Lane. W. Sharp moved to deny all requests for tornado relief on sewer charges for homes affected by the tornado. Seconded by J. Gaylord. Vote by roll call. Gaylord, yes; Sharp, yes; Dement, no; Lambert, yes; Ray, no. 3 yes, 2 no. Motion carried. Planner Waldock spoke in reference to Case No. 330-92791B. Applicants - Ronald Mentzer, Jr. and Lisa Troha, Contract Purchasers. Owner - Robert Hastert. Location - 500 Vista Lane, Lot 56 of Riverview Park Subdivision. Request - Variation from front yard setback requirements to allow a house to be constructed at twenty four feet (24') where thirty feet (30') is required. Variation from side yard setback to allow seven and one half feet (7.5') where ten feet (10') is required on the north side, and to allow four and one half feet (4.5') where ten feet (10') is required on the south side of the structure. Variation from building size requirements to allow a house of 1,020 .square feet, where 1,300 square feet is required. The applicants propose to construct a 1,020 square foot house. The structure is designed with a tuck-under garage. This is intended to elevate the lowest living floor of the structure above the one-hundred (100) year base flood elevation. The living area is designed on a single level above the garage. Future expansion areas are provided in the attic to accommodate an .additional bedroom. The structure is designed with a two-car tuck under garage at grade beneath the living areas. Entrance to the structure is provided via a flight of stairs and a small porch along the south facade of the structure. Building design also includes an eight foot by twenty-four foot (8'x24') deck across the rear of the structure overlooking the river. Rear setback is designed at a ten foot (10') dimension. The Zoning Board of Appeals discussed this case at length. They discussed the issues of public acquisition of the area. The members were curious as to the results of last falls acquisition proposal. Although the Zoning Board of Appeals was unanimous in its support of acquisition, if this was still possible, the consensus was to separate that issue from the case at hand. Members noted that adjoining properties north and west are currently for sale and are undeveloped. The issue of site expansion was discussed. It was noted. that there may be opportunity to enlarge the development site by utilizing neighboring parcels. The Zoning Board members were closely split when deciding this case. The . PLAINFIELD VILLAGE BOARD OF TRUSTEES NOVEMBER 18, 1991 PAGE FOUR affirmative members felt that the variance provides a reasonable development of the site under the circumstances. The dissenting members felt that the lot is simply too small for development, therefore. a variation was not in the public interest. By a vote of three (3) to two (2), the honing Board of Appeals recommends approval of the variations to allow a twenty-four foot (24') front yard setback, four and one half foot (4.5') south side setback, .and seven and a half foot (7.5') setback for Ronald Mentzer Jr. and Lisa Troha at 500 Vista Lane, W. Sharp stated he is not in favor of anyone building in that area because of the flooding in the past. M. Lambert stated he is concerned of down- sizing of lots in the Village. Kevin Meyers stated when he rebuilt his house, he purchased another lat to try to conform with ordinances. J. Ray moved to deny the request of Ronald Mentzer and Lisa Troha's application for a variation from front yard setback, side yard setback and variation from building size for 500 Vista Lane. Seconded by J. Dement. Vote by roll call. Gaylord, yes; Sharp, yes; Dement, yes; Lambert, yes; Ray, yes. 5 yes, 0 no. Motion carried. M. Lambert stated Plainfield has a need for affordable housing somewhere in the Village. We need to take this into consideration for the young people. Planner Waldock spoke in reference to Case No. 329-10791SPR. Applicant - Robert and Nancy Calkins. Location - 400 N. James Street. Request - Site Plan Review for twenty-four (24) unit apartment buildings. The applicants intend to .construct a new twenty-four (24) unit apartment building to replace two (2) twelve (12) unit buildings lost to the August 28, 1990 tornado. The new structure is to be placed across three (3) lots owned by the Calkins. Previously, each building had been on individual lots with the third parcel vacant. The 1.9 acre site is now vacant except for parking lot pavement area left from the previous buildings, The property is impacted by floodplain. The boundary of the floodplain crosses the site in a meandering manner. The new construction will include twenty four (24J units, three (3) story apartment building. The structure is to have a twenty-four (24) space parking .garage in the lower level, and twenty-eight (28) spaces in the rear parking lot. The building is designed with two (2) wings connected by a three (3) story atrium. Each wing will include twelve (12) units. These will include six (6) one (1) bedroom units and eighteen (18) two (2) bedroom units. The structure is designed with masonry construction materials. Pre-cast concrete panels are used for floors, ceilings and walls. In this way, each unit has fire PLAINFIELD VILLAGE BOARD OF TRUSTEES NOVEMBER 18, 1991 PAGE FIVE protection above, below and on each side, This type of building design meets Village building code fire rating standards. Grading plans call for relocating the floodplain boundary to remove the building site from the flood fringe. This will require a floodplain map amendment (a process which is acceptable under FEMA and NFIP guidelines). The plans call for compensatory storage of flood waters in a basin created in the west portion of the site. The ratio of new flood storage area to fill area must be 1.5:1 according to Village Ordinance. The .facade, landscaping, access./parking drive areas, lighting, trash enclosures and screening/buffering are in compliance with Village ordinances. The only problem is in the drainage/storm-water control. The development does not have sufficient hard surface area to require storm-water detention under Village ordinances. However, due to plans to fill a portion of the flood fringe area on this site, compensatory storage is required by floodplain regulations. Development plans call for fill to be used to alter the floodplain boundary. To compensate for this, a basin has been. designed in the west portion of the site. Village ordinance requires 1:1.5 ratio of fill to storage. The applicants have explored the adjoining Village owned property west of the subject site. The Village property was not found suitable for compensatory storage due to excessive casts far removal of buried structures. For this reason, they have not been able to meet flood development regulations. Specifically at issue is compensatory storage between the ten (10) and one-hundred (100) year flood levels. Village regulations require .96 acre feet of storage above the ten (10) year level at a storage to fill ratio of 1.5.1. Plans provide .28 acre feet of storage above the ten (10) year level. However, total storage provided is 1.31 acre feet a ratio of 2.05:1 with only twenty-one percent (21~) of the storage at the proper level. The applicants have verbally presented mitigating factors as follows: 1) The proposed site plan increases storage over existing and pre-tornado conditions; 2) The ratio of storage to fill exceeds state and local standards when using total volume. 3) The plan calls for replacement of residential units lost to the August 28, 1990 tornado, and' does not expand beyond previous development densities on ,site; 4) Tornado clean-up activities caused grade changes increasing the floodplain area on site; 5) The developers have explored and exhausted all suitable remedies in meeting ordinance standards; 6) The site drains into the Dupage River and will have a negligible impact on the overall flood conditions during a one-hundred (100) year event; 7) The proposed design exceeds standards far the most frequent rain fall events. The plans, as provided, .are in substantial compliance with site development regulations. Fire District concerns mention water main connection should be made to James Street PLAINFIELD VILLAGE BOARD OF TRUSTEES NOVEMBER 1$, 1991 PAGE SIX rather than River Lane to facilitate improved water supply routing. The Plan Commission did not address the Flood Plain Variance. They were interested in satisfying the Division of Water Resources policies and concerns. Discussions with the Division of Water Resources indicate that the Village has the authority to grant variances, but that they would not normally grant such requests. The applicants and Staff have worked diligently in trying every possibility for meeting ordinance requirements. All attempts however, have failed to achieve flood storage requirements between the ten (10) and one-hundred (100) year level as needed. While the Village has authority to grant variations in this case and the applicants have provided a list of mitigating factors, Staff views floodplain regulations strictly. Therefore, Staff cannot recommend approval of variations in this case. The Plan Commission approved the site plan without addressing the issues of floodplain regulations. Engineer Djerf explained the required storage for the ten (10) year and one-hundred (100) year storms. Mr. Robert Calkins, Mr. Keith Calkins, Mr. Chuck Zimmerman and Engineer Latay attempted to explain their problems due to the alteration of the property and the river flow from up-stream. Engineer Djerf stated we did meet with IDOT for ,guidance as to if a variance is in order for this project. He did not say they would grant a variance, but he seemed to think the community could grant a variance, if the evidence of hardship was overwhelming. Planner Waldock stated they (IDOT) told us to make sure our paper trail is adequate to justify the reasons for a variation. There was same discussion by Mr. Calkins, Mr. Zimmerman and the Board in reference to the removal of some land at the time of the clean-up from the tornado. W. Sharp moved to take a break. Seconded by J. Dement. Voice vote. 5 yes, 0 no. Motion carried. Mr. Calkins Engineer, Mr. Latty, spoke in reference to the floodplain/floodway area of this property. Mayor Latta stated she is satisfied that this development is not going to impact the property to the north or the south. The concern she has is that the Department of Water Resources has not granted any variances and they obviously wish communities would not grant variances. Therefore, her concern for the Village is, could a variance issued by the Village jeopardize the Flood Insurance for the entire community? It was the consensus of the Board that if it could be determined what the grade was prior to the tornado, we could justify the variance. It was determined that representatives from the developer and the Village would meet with IDOT to determine what type of paper trail is needed to protect our Flood Insurance. Planner Waldock stated the PLAINFIELD VILLAGE BOARD OF TRUSTEES NOVEMBER 18, 1991 PAGE SEVEN applicants also have to do some more calculation/drawings and approximately their previous placement in the floodway. Mr. Calkins questioned if he and Village representatives receive a verbal .approval from IDOT, will that be accepted? Mayor Latta stated it will be accepted if representatives from the Village document the approval from IDOT, we need that paper trail. The applicants will supply the Village with calculations/drawings depicting the previous structures and approximately their previous placement in the floodway, prior to the tornado August 28, 1990. The Board and Attorney Harvey discussed a draft of a Liquor Ordinance in reference to outdoor sales. It was the consensus of the Board that this ordinance should state that it is mandatory that all applications for sale of liquor outdoor, must came to the Board for approval of the license. W. Sharp moved to adopt Ordinance No. 1383 for registration and license of Solicitors. Seconded by J. Ray. Vote by roll call. Gaylord, yes; Sharp, yes; Dement, yes; Lambert, yes; Ray, yes. 5 yes, 0 no. Motion carried. Administrator Van Vooren reported he attended a workshop October 22, 1991 on IDOT's Strategic Regional Arterial Report on Route 59. He provided the Board with an outline of the meeting and stated he has found some deficiencies in IDOT's analysis of proposed improvements for Route 59. He feels it is most important for Village employees and Village Board to attend the Public Hearing concerning Illinois Route 59 between Illinois Route 72 and Interstate Route 55. This Public Hearing is to be held on Thursday, November 21, 1991 from 2:00 p.m. to 8:00 p.m. at Plainfield Congregational Church 24020 Fraser Road at Route 59. Mayor Latta remarked what a beautiful job IDOT is doing on the replacement of trees and bushes on Route 126 (Lockport Street). Chief Bennett reported Wheatland Township is planning ,to install a Tornado Siren in Wheatland Plains and they are requesting the Village of Plainfield activate the siren. He provided the Board with a draft of an agreement. Attorney Harvey corrected same of the language in the draft. After some discussion it was the consensus of the Board that Attorney Harvey, Administrator Van Vooren and Chief Bennett will contact Wheatland and correct the agreement to work for both the Village of Plainfield and Wheatland Township. PLAINFIELD VILLAGE BOARD OF TRUSTEES NOVEMBER 18, 1991 PAGE EIGHT Administrator Van Vooren spoke in reference to the 1959 Water/Sewer Extension Agreement with Route 73 Industrial Development Corporation. The law firm of McGrane, Perozzi, Stelter, Gerardi, Brauer & Ross have contacted us regarding an agreement with Illinois Flush Door. This agreement provided for Illinois Flush Door to either install water and sewer lines or reimburse the Village far installing the lines. They are requesting a release of this agreement. His recommendation is not to release this agreement. There does exist the opportunity in the future to recover some monies for the sewer line that might be extended in the future. Attorney Harvey will investigate further. W. Sharp moved to adopt resolution No. 998 Amending Uniform Rules And Regulations For Giving And Receiving Police Support Between Plainfield. And Shorewood. Seconded by M. Lambert. vote by roll call. Gaylord, yes; Sharp, yes; Dement, yes; Lambert, yes; Ray, yes. 5 yes, 0 no. Motion carried. J. Dement moved to authorize payment of bills for November 18, 1991. Seconded by J. Gaylord. Vote by roll call. Gaylord, yes; Sharp, yes; Dement, yes; Lambert, yes; Ray, yes. 5 yes, 0 no. Motion carried. W. Sharp acknowledged receipt of treasurers Report for October, 1991. W. Sharp acknowledged receipt of the Police Operations Report for October, 1991. W. Sharp reported a step increase for Dispatcher C. Adams, D. Prince and L. Wilson are in effect as of November 1, 1991. Chief Bennett reported Plainfield Police Department have been contacted to participate in the Firearms Training System "F.A.T.S." Although this was not included in our budget, we would like to solicit your support in funding this program. W. Sharp moved to approve the expend $2,000.00 for our share of the "F.A.T.S." Firearms Training System program. Seconded by J. Gaylord. Vote by roll call. Gaylord, yes; Sharp, yes; Dement, yes; Lambert, yes; Ray, yes. 5 yes, 0 no. Motion carried. M. Lambert reported the minutes of the Transportation Committee are included in our packets and he will bring some ideas to the Board in the near future. PLAINFIELD VILLAGE BOARD OF TRUSTEES NOVEMBER 1$, 1991 PAGE NINE Planner Waldock spoke in reference to a letter from "Super Wash" regarding the color of the "Cube Pro" building. They stated white block with blue trim is the "Cube Pro" color. When the Site Plan Review was approved they agreed to match or compliment the color of the "Super Wash" building. Staff suggests that additional landscape plantings be provided for this deviation from the approved plan. J. Gaylord moved to approve the change in color for "Cube Pro" from their site plan, to soften the color, "Cube Pro" will secure additional landscape plantings. Seconded by W. Sharp. Voice vote. 5 yes, 0 no. Motion carried. Planner Waldock reported the Sales Trailer at Quail Run Subdivision will be removed and the office will be relocated to the house directly across the street from sales trailer. Administrator Van Vooren reported the .Board has received: 1) Sales tax report; 2) Wastewater treatment plant capacity report; 3) Water pumpage report. Additionally he attached a letter and a resolution that was sent to the Village February 15, 1991 regarding Will County Solid Waste Management Plan. It was the consensus of the Board not to adapt this resolution at this time. The Administrator reported we have received a donation of $500.00 for a larger or an added warning siren, from United Distillers Production, Inc. This company is working with other corporations for donations for this purpose. Previously the extension of water/sewer up Naperville road for the eighteen (18) homes, it was estimated it would cost the property owners approximately $300.00 to $500.00 per home to connect. The price from the contractor for these home owners was $4,200 per service. We are working with the contractor to get that price lowered. We are working with Commonwealth Edison on relocation of utilities on 135th Street to waive the relocation costs. Also, a street light pole on Illinois Street in front of the Library, we are working with Commonwealth Edison to try to eliminate the relocation cost on that light pole. Chief Bennett reported he has sent notification to the businesses in reference to reserve parking in the lots. W. Sharp moved to adjourn. Seconded by J. Gaylord. Voice vote. 5 yes, 0 no. Motion carried. 10:00 p.m. VERA KRNAC - V CAGE CLERK