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HomeMy Public PortalAbout03.07.94 VB Minutes• PLAINFIELD VILLAGE BOARD F TRUSTEE RE ULAR MEE~~~NG • DATE: MARCH 7, 1994 MEMBERS OF BOARD PRESENT: OTHERS PRESENT: AT: PLAINFTELD PUBLIC LIBRARY PRESIDENT PETERSON, J. DEMENT, J. HEIMERDINGER, M. LAMBERT, J. RAY, L. KELLY, R. ROCK. D. VAN VOOREN - ADMINISTRATOR S. JANIK - CLERK D. BENNETT - POLICE CHIEF J. HARVEY - ATTORNEY P. WALDOCK - PLANNER H. HAMILTON - ENGINEER At 7:00 p.m. President Peterson called the meeting to order. Roll call was taken, all were present. He then led the pledge to the flag. President Peterson made comments regarding the Golden Meadows Subdivision, the developer, Ken Neumann. He understands the frustrations and does sympathize with the owners. He suggested three offers which would need to be approved by the Board before instituting them. 1) A free re-inspection of owners property by the Village Building Department for structural integrity and code compliance. 2) The Board adopt a policy that No Temporary Occupancy Permits be issued, unless builder and owners come to an agreement on a deposit of funds for the completion of any items that are not completed. 3) To set up an Arbitration Committee used for the purpose of settling disputes between owners and builders. The Committee should consist of builders, that build in our community. It was the consensus of the Board to follow through with tonight's agenda and include comments from owners who reside in the Golden Meadows Subdivision, and to identify the problems. J. Heimerdinger added Item ,~14 to the Agenda- discussion on the operations of the Agenda, formation and release. President Peterson asked for an Executive Session on pending litigation and personnel, not to reconvene. J. Dement moved to approve the Agenda as modified. Seconded by J. Ray. Voice vote. 6 yes, 0 no. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES MARCH 7, 1994 PAGE TWO J. Heimerdinger moved to approve the Consent Agenda. Seconded by R. Rock. Vote by roll. call. Dement, yes; Heimerdinger, yes; Kelly, yes; Lambert, yes; Ray, yes, Rock, yes. 6 yes, 0 no. Motion carried. Chief Bennett informed the Board that Officer Holly Beard will be attending the two week G.R.E.A.T. Program in Glencoe, Georgia, April 11th through the 22nd of 1994. ~• Discussion was started on Golden Meadows Subdivision. Represented by Neumann Homes was Attorney Dale Bruckner. In Mid-February, 34 residents met with Trustee Dement to seek his help in enforcing their warranty rights against Neumann Homes. The residents submitted a written request to appear before the Board Meeting tonight to express their individual concerns and issues before the entire board. Trustee Dement read a letter written from the Concerned Citizens of Golden Meadow Estates before we heard from the homeowners. (Attached as Exhibit A) Trustee Lambert pointed out that most of the issues dealt with quality control "above and beyond health, safety and welfare". Village attorney James Harvey stated that the Board had no responsibility for the concerns between the individual contracting parties. "It's one thing to hear them. It's another to be able to resolve the problems". Tracy and Peggy Brenneman, Bruce Bina, Bob Roder, Les Pastor, Kevin McKanna, Shari Slowik, Larry Tate, Jim Baltz, Mike Colbert, Dave Johnson, Phil Freske, Rafael Coll, Jeff Bonafacchi, Tom Hayes, Wally Holsworth and Loretta Vargo were present and stated their concerns. Most of the complaints dealt with Neumann Homes' failure to complete punch lists and finish or fix some minor cosmetic problems they had with their homes. Some also dealt with structural, including cracked basements, floors that were not level or_improperly supported and gas leaks. Some of these homeowners contended that final inspection of their homes had been done before the utilities were turned on and another concern was they felt problems could have been avoided, if people had not been allowed to move into their new homes with only temporary occupancy permits. The homeowners expressed that they felt that many of the problems could have been avoided if the Village Inspector had done his job correctly. There seemed to be a major concern that debris was left in the building area and sometimes left in the retention pond. The fact that a sidewalk leads straight into a retention pond was addressed. The owners were told by Neumann Homes that the Homeowners Association was being turned over to them, and ownership of the retention pond was discussed. The Association is in place PLAINFIELD VILLAGE BOARD OF TRUSTEES MARCH 7, 1994 PAGE THREE at this time and consists of 5 board members and a Chairman. After hearing the concerns, Dale Bruckner, attorney for Neumann Homes stated that there was no question repairs have not been done in a timely manner, but the developer is now willing to work with the homeowners and Village Board to correct the problems. He then proceeded to read a letter addressed to the Board from Mr. Ken Neumann. (Attached hereto as Exhibit B) Discussion was had by the Board members. J. Dement suggested the homeowners compile a complete list of all the problems and then meet with the Village Staff and building committee to go over them. After that meeting, he would request another meeting between the homeowner and developer. He suggested the problems should be solved within 30 to 45 days, and that the Board should receive an updated list of any continuing problems at each meeting. Also suggested by J. Dement that we institute a problem list, and it should be included in our Board packets bi-monthly, so we are all aware of concerns. Structural and life safety concerns should be handled immediately. M. Lambert expressed his concern that his professional liability • could get clouded in this issue. J. Dement was temporarily appointed to work with J. Ray on the Building and Development Committee. They have requested that pressure be put on the developer to satisfy the complaints, and also that the Development Committee investigate allegations against the inspection process and review their policy of issuing temporary occupancy permits. L. Kelly recommended that the Staff address the problem of the retention pond and the sidewalk and come back with a report. He also requested the Building Committee and Staff address the expressed concerns regarding Village Staff. Trustee Kelly demanded that we sto tem orar Occu a c Permit He suggested that we institute an Arbitration Committee, and that it would be village wide, and that representatives of all the homeowner groups should be on a overall committee. 9:20 p.m. 5 minute break 9:35 p.m. Reconvene the meeting M. Lambert excused himself from the room for the next 3 items on the Agenda, Items ~5, 6 and 7. Planner Waldock spoke regarding Re-zoning from I-1, Light Industrial to Res. A-2, Multi-family residential. Location: 819 North Eastern Avenue. Applicant: Bernard Kubinski and Janet PLAINFTELD VILLAGE BOARD OF TRUSTEES MARCH 7, 1994 PAGE FOUR Lange. The Concept Plan presented with the application indicates development of the site with 14 townhouse units with six buildings containing 2 to 3 units per structure. The existing historic residence on site would be preserved, but relocated to the north west corner of the property fronting on Eastern Avenue. The re- zoning request as submitted is effectively a down zoning of the Industrial Classification. The applicants indicate that the Multi- family zoning provides a satisfactory transition between the industrial use located west of Eastern Avenue and the Single-family homes in Spring Hill Estates Subdivision. They indicate that the townhouse units are large and expensive. The applicants indicate that the design is carefully recreating historic architectural styles found in the core area of the Village. The townhouse development is of less than five units per acre in density. The indicated price ranges for the units to be $150,000-$180,000 each. The request is not felt to be harmful to resale values in the neighboring areas. The School District did not object to the rezoning. The Planning Commission has heard concerns expressed by homeowners in Spring Hill Estates, some of those owners are present tonight and we also received a formal objection letter from the developers of Spring Hill Estate Subdivision. (Attached hereto and made a part hereof as Exhibit C) Attorney Harvey explained conditions of the objection. The statute states that the only way the Ordinance can pass is by an affirmative favorable vote of 4 Trustees. The Plan Commission recommends approval of the rezoning request from T-1, Light Industrial zoning to A-2, Multi-family Residential zoning, subject to the following stipulations: Site Plan Approval shall be required and the preservation and rehabilitation of the existing residence on site. The developer, Bernard Kubinski talked briefly about his ideas on the Townhomes and discussed the possibility of buying Mr. Milliron's property and divide into three lots and place single family homes to act as a buffer between the homes of Spring Hill and Townhomes and asked for the Boards opinion of his project. After discussion by the Board and also after hearing from a homeowner, Mr. Spika, Mr. Kubinski asked that the Board delay a decision on the request until he can present a preliminary site plan. The consensus of the Board was to table the request for rezoning for property at 819 North Eastern Avenue, Planner Waldock spoke regarding Lot area variance and re- subdivision approval for 201 Amboy Street (NW corner of Amboy and Center Street). Applicant: James Phelps. Subject site is presently occupied by a Single-family one story frame residence. The site is comprised of portions of four lots of the original H. H. Evans Subdivision and a portion of a vacated alley way parallel to Amboy Street near the north limits of the subject site. A Variance is requested to accommodate approval of a re-plat to combine the portions of four lots and the vacated alley and re- subdivide the tract into two Single-family residential lots. The PLAINFIELD VILLAGE BOARD OF TRUSTEES MARCH 7, 1994 PAGE FIVE resulting Singe-family lots will be less than 12,000 sq. ft. in area, and lot Two will be less than 85 ft. in width. As proposed lot 2 is 6,494.77 sq. ft, and Lot One is proposed at 9,135.34 sq. ft. Lot Two would have a frontage of 79 ft. along Center Street. The Variance and Subdivision proposals bring the site into greater conformance with current ordinance standards. The Zoning Board of Appeals and the Plan Commission have no objection to the Variance or Re-subdivision as requested. L. Kelly moved that we approve the Re-subdivision with the Variance as requested for 2 01 Amboy Street . Seconded by J . Dement . Vote by roll call. Dement, yes; Heimerdinger, yes; Kelly, yes; Ray, yes; Rock, yes. 5 yes, 0 no. Motion carried. L. Kelly moved the adoption of Ordinance No. 1548 REZONING OF PROPERTY OWNED BY MICHAEL VITULLO, LOCATED AT 902 NORTH MICHIGAN AVENUE, ROUTE 59 AT NAPERVILLE/PLAINFIELD ROAD. Seconded by J. Ray. Vote by roll call. Dement, yes; Heimerdinger, yes; Kelly, yes; Ray, yes; Rock, yes. 5 yes, 0 no. Motion carried. The record shows that Trustee Lambert returned to the Board meeting. The Berard discussed formation of a Fire and Police Commission, which will be required by law for Villages with a population over 5,000. L. Kelly moved the adoption of Ordinance No. 1549 ANNEXING PROPERTY OWNED BY THE VILLAGE OF PLAINFIELD FOR WELL ,~5 SITE. Seconded by J. Dement. Vote by roll call. Dement, yes; Heimerdinger, yes; Kelly, yes; Lambert, yes; Ray, yes; Rock, yes. 6 yes, 0 no. Motion carried. L. Kelly moved to accept the Bid of $3, 510.00 from Speicher and Gaylord Auto Wreckers of Plainfield for the tow bed. Seconded by J. Dement. Voice vote. 6 yes, 0 no. Motion carried. Administrator Van Vooren spoke regarding the Vehicle Purchases anticipated under the 1994-'95 Budget through the State Bid process. L. Kelly moved to approve the purchase of three police cars, a new car for the planning department, a pickup truck for the water and sewer department, and two dump trucks for the street department through the State Bid. Seconded by R. Rock. Vote by roll cal].. Dement, yes; Heimerdinger, yes; Ke11y, yes; Lambert, yes; Ray, yes; Rock, yes. 6 yes, 0 no. Motion carried. Administrator Van Vooren spoke regarding the Joint Agreement with IDOT regarding a jurisdictional transfer of maintenance of Naperville/Plainfield Road. For the past three years, the Village PLAINFIELD VILLAGE BOARD OF TRUSTEES MARCH 7, 1994 PAGE STX has debated how to fund the ornamental lighting project of Lockport Street. By this agreement, we address the funding for this project. There is however, a cost to be borne by the Village, that being long term maintenance of Naperville/Plainfield Road. A decision will. need to be made, and the Board must come to a conclusion on the agreement. The Board questioned the possibility of closing the intersection of Naperville/Plainfield Road at Route 59 and representatives of IDOT said that as long as proper safety controls and proper permits were obtained, the intersection could be closed and would be potentially supported by them. The Village has been granted an extension to March 24, 1994 for the approval and execution of this Agreement. Discussion was had and the Board expressed concerns over whether the costs of the agreement would be worth the benefits . It was the consensus of the Board to table the discussion of the proposed agreement to the next regular Board meeting. Administrator Van Vooren spoke regarding water/Sewer connection fees. The sewer fees are still sufficient to meet the needs to replace the facilities used by the growth. However, on the water side, there is a need to adjust said fees. Staff recommends that the President and Board of Trustees authorize the Village Attorney • to prepare the necessary ordinance to amend the connection fees for residential and additionally, establish a minimum industrial use fee of SPE. That these fees would be increase effective permits received as of May 1, 1994 and that we would communicate said fees to all registered builders. J. Dement moved to direct Attorney Harvey to prepare the ordinance to amend the water connection fees and also establish a minimum industrial use fee of 5PE. Seconded by L. Ke11y. Voice vote. 6 yes, o no. Motion carried. Due to the lateness of the hour, Trustee Heimerdinger decided to bring up Item X14 discussion of the Agenda at another time. Administrator Van Vooren spoke regarding the purchase of Village flags, and the Board agreed to the purchase of six (6) flags. The Staff is preparing a letter for President Peterson's signature to Hon. Brent Hassert, with a copy to Sen. Ed Petka regarding the Rt. 59 Speed Limit south of 127th Street. Announced that through the Intergovernmental Committee we are coordinating a May 14/15 Spring Clean Up which will take place at the Wastewater control plant so we can regulate the types of materials that can be dumped. Engineer Hamilton spoke briefly about sewage sludge and the testing of same. We found heavy metal called "molybednum", and also found that two facilities use this. One facility has already discontinued the use and the other is contemplating discontinuing same. PLAINFTELD VILLAGE BOARD OF TRUSTEES MARCH 7, 1994 PAGE SEVEN L. Kelly moved to adjourn to Executive Session to discuss pending litigation and personnel and not to reconvene. Seconded by J. Ray. Voice vote. 6 yes, 0 no. Motion carried. 11:25 p.m. T r'~ ~~ 4 SU AN JANIK,~ ILLAGE CLERK L~ r~ L