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.
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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.
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SU AN JANIK,~ ILLAGE CLERK
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