HomeMy Public PortalAbout02.13.95 VB Minutes•
PLAINP'IELD VILLAGE BOARD OF TRUSTEES
REGULAR MEETING
DATE: FEBRUARY 13, 1995
MEMBERS OF BOARD PRESENT:
AT: PLAINFIELD PUBLIC LIBRARY
PRESIDENT PETERSON, J. HETMERDINGER,
R. ROCK, M. LAMBERT, J. DEMENT.
OTHERS PRESENT:
D. VAN VOOI
S. JANIK -
D. BENNETT
J. HARVEY
J. REGIS
P. WALDOCK
J. DURBIN
2EN - ADMINISTRATOR
CLERK
- POLICE CHIEF
- ATTORNEY
ENGINEER
- PLANNER
- PLANNER
7:01 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 announced the recommendation from Trustee Dement
of the appointment of Kathleen O'Connell who resides at 1 Lakeside
Drive for one of the vacant trustee seats to be held until the
Consolidated Election in April, 1995. President Peterson added to
the Agenda as #10 a policy discussion concerning how a subdivision
like MAF Development should be addressed. Next week he would like
to place on the Agenda the recommendations of the Post Office
Committee.
Public Comments:
There wexe no public comments.
Remarks by Respective Chairman of the Committees.
Trustee Rock questioned whether we should appoint someone far the
seat of Trustee for only four meetings. Administrator Van Vooren
stated that it would be at least 6 meetings and any and all
workshops.
Administrator Van Vooren requested an Executive Session on Land
Acquisition. President Peterson also requested an Executive
Session on probable and imminent litigation and pending litigation
to reconvene.
J. Dement moved to approve the Agenda as amended. Seconded by M.
Lambert. Voice vote. 4 yes, 0 no.
Administrator Van Vooren asked to have deleted from the Consent
Agenda under the Bills Payable Section, a warrant from Meridian
Engineers and Planners that would include a couple of items that
were approved through the Consent Agenda last regular meeting. The
only amount that you are authorizing is $170.85 at this time.
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 13, 1995
PAGE TWO
J. Dement moved to approve the amendment in the Consent Agenda
regarding the payment to Meridian Engineers in the Sills Payable.
Seconded by D. Rock. Voice vote. 4 yes, 0 no. Motion carried.
J. Dement moved to approve the Consent Agenda as amended. Seconded
by D. Rock. Vote by roll call. Dement, yes; Heimerdinger, yes;
Lambert, yes; Rock, yes. 4 yes, 0 no. Motion carried.
#3 ZONING ORDINANCE
Planner Waldock spoke briefly on the completion in his department
of the final draft of the Zoning Ordinance Text far the Boards
review and consideration. There are two versions of the PUD
Ordinance. One version dated January 30, 1995 includes a provision
for a 2/3rds majority vote to over turn the Planning Commission
recommendation of denial. Original version dated December 13,
1994, does not have the 2/3rds majority vote. Staff is comfortable
with both versions,. and their opinion is that the Board would
possibly have greater discretion under the December 13, 1994. The
January 30th, 1995 version with the 2/3rds majority would allow far
greater influence from the Planning Commission on the Village
Board's vote by requiring a 2/3rds majority in the event that they
• recommend denial. The Board had further discussion on the two
versions. Trustee Dement still had problems with these two
versions. His opinion is that the people that petition the Plan
Commission with an objection, neither version brings the people
into the equation. He would like to see a provision where there is
a higher vote required at board level when there are adjacent
owners that abject, so the people would became a player in the
zoning issue. Attorney Harvey stated that State Statutes provide
far if someone is proposing a rezoning, and 20~ of the adjoining
property owners can file legal objection. At that time it requires
2/3rd of the Board to approve that rezoning. He assumed that
Trustee Dement would prefer a provision to say, in a PUD situation,
that if 20•°s of adjacent property owners would object, it would
require a 2/3xds vote of the Village Board. The Appellate Court,
in a precedent case, stated that a Special Use (PUD situation) is
not a Rezoning, so you cannot require a 2/3rd vote based upon a
objections of adjoining landowners. According to current Illinois
Law, if we attempted to adopt such an Ordinance, it would not have
any legal authority. President Peterson requested a straw poll to
see where the Boards preference is. Heimerdinger, January
30th/2/3rds vote; Rack, January 30th/2/3rds vote; Dement, December
13; Lambert, December 13; Peterson, January 30th/2/3rds vote. The
consensus was for the January 30th version which would require
2/3rds vote, and Staff will include in the PUD Ordinance for your
consideration and adoption next meeting.
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 13, 1995
PAGE THREE
Planner Waldock had a request from David Silverman, Attorney for
the Spangler Farm Subdivision to postpone consideration of Items
#4, 5 and 6 until February 20, 1995 meeting. The Board tabled
same.
ITEM #7 1995 STP PROJECTS
Administrator Van Vooren plans on subma.tting two projects to the
Will County Transportation Committee for consideration under the
ISTEA road improvement program. To get the projects approved, the
Village must be willing to expend upfront costs far engineering.
The two projects are Lockport Street from the E.J. & E. railroad
tracks east to I-55, and Van Dyke Road from Route 30 north to 143rd
St. If approved under this ISTEA program, the federal government
would provide 80 percent funding for the projects and the Village
would pay the remaining 20 percent.
ITEM #8 IEPA TESTING SERVICE
H. Countryman, Superintendent of the Water and Sewer Department
spoke briefly on information received regarding the State's current
drinking water testing service. The Village of Plainfield has
. participated in this program for the last three years. The State
will guarantee the rate of $4,170 annually for the next three
years. This is important because i,n January 1996 the USEPA will
increase the level of required analysis. The State will perform
this testing at no extra charge to the Village. Mr. Countryman
feels that it is in the Village's best interest to continue
participation in the State's current testing program and asked far
approval of the $4,170 annual charge to State of Illinois
Environmental Protection Agency, for Community Water Supply Testing
Agreement.
J. Dement moved to approve the expenditure of $4,170 annually for
Community Water Supply Testing for a three year program sponsored
by the Illinois Environmental Protection Agency. Seconded by D.
Rock. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert,
yes; Rock, yes. 4 yes, 0 no. Motion carried.
9 DISCUSSION - UTILITY CROSSING LICHTENWALTER SITE
Planner Waldock spoke regarding request from Gary Lichtenwalter
that the sanitary sewer main and Village water supply main be
stubbed to his property line from the existing mains along the east
side of Rt. 59, pursuant to Annexation Agreement of December 18,
1989. Staff requests authorization to proceed with construction
design for the utility crossings to service the Lichtenwalter
property and further to proceed with the bidding process upon
completion of said utility crossing design.
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 13, 1995
PAGE FOUR
M. Lambert moved to authorize to proceed with construction design
and to proceed with the bidding advertisement. Seconded by J.
Dement. Voice vote. 4 yes, 0 no. Motion carried.
ENGINEER'S REPORT- RIVER RIDGE REGRADING PLAN
Mr. Rogina from Rogina & Associates, Ltd. spoke regarding a request
for a regrading plan for River Ridge Subdivision, Unit #1. The
developers have requested a change in the grading plan and request
approval of the revised regrading on lots that are adjacent to the
flood plain. Some questions were raised about the driveway slopes.
The intent was that the builder wanted walk-out basements on the
homes that back on to the river, and wanted to raa.se the topo
foundation so that the basement floor would be above flood level.
Engineer J. Regis stated that they have reviewed the request based
on Village Ordinance. Current Village code states that you should
be 18" to 30" above the tap curb. The regrading plan far River
Ridge Subdivision, Unit #1 would exceed the code. We asked the
applicant to use a maximum driveway grade of 10--1. Planner Waldock
stated that this is within general building department tolerances.
Trustee Lambert would like the re-grading plan to state that the
driveway cannot exceed 10°s slope.
M. Lambert moved to approve the grading changes submitted for River
Ridge Subdivision, Unit #1, with the provision that no driveway
will exceed a 10•°s maximum slope. Seconded by J. Heimerdinger.
Voice vote. 4 yes, 0 no. Motion carried.
x„10 MAF POLICY DZSCUSSI.ON
President Peterson spoke regarding his position on policies for
subdivisions of the nature of MAF. He also questioned the Board on
where they stood on developments "closed" subdivisions such as
Sweetwood. Trustee Lambert thought that there were things that
would pass and some items that would not pass the Village Board.
He felt that their biggest hurdle would be lot sizes. Trustee
Heimerdinger sees merit in this project, although he finds it
difficult to discuss until he has more knowledge about the
development. Trustee Dement thought that it was too difficult to
discuss the development plan when he had not seen same. He
suggested that he would like to see a procedure wherein the
developers meet with the Planning and Development Committee first,
after that the proposed concept presented at a Board Workshop. The
Board seemed to be agreeable with this procedure.
ADMINISTRATOR'S REPORT
Administrator Van Vooren spoke briefly on a letter received from
Illinois Civil Justice League on Tort Reform. Nota.fication from
IDOT that the transfer of highway jurisdiction from the State of
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 13, 1995
PAGE FIVE
xllinois to the Village of Plainfield is confirmed to have occurred
on December 21, 1994- Naperville-Plainfield Road from the east edge
of pavement of Illinois Route 59 northeasterly 2.88 miles to 127th
Street in it's entirety.
Administrator Van Vooren also spoke regarding correspondence
received from Ameritech about the introduction of area code 530 in
the Chicagoland area. Beginning January 7, the code 630 will
initially be assigned to new cellular phones and pages in the
Chicago metropolitan area. The quarterly Will County Governmental
League Meeting is scheduled for March 9th at the Days Inn at 6:00
p.m. The Village has received notification from the State of
Illinois Environmental Protection Agency that we were not chosen
for the Spring, 1995 Household Waste Collection. We are in the
process of applying far the 1995 Fall Collection and are presently
asking for Senator Petka's support in helping our community attain
a Household Hazardous Waste Collection. One last item, President
Peterson received a request from a resident that resides in an
apartment complex in the village, wherein they are seeking support
for a Village sponsored drop-off center for recycling materials.
Staff suggests that the Street Committee (Trustee Rock) review.
PLANNER'S REPORT
Planner Waldock spoke regarding a letter dated February 1, 1995,
received from Gary Lichtenwalter, who is taking issue with regard
to the Letter of Credit Policy that the Village Staff has
represented to him. His Letter of Credit submitted with regard to
JEC Commercial Subdivision is in the amount of $377,559.00. This
amount is insufficient and that it does not also include surety for
public improvements on the right-of--way and turning improvements to
Rt. 59. In the past, the Village has secured 100 of all public
improvements. Staff recommended that all public improvements be
secured by the Village, as policy. The Berard concurred to support
Staff in that recommendation. A full Letter of Credit in the
amount of all the public improvements will be required from JEC
Commercial Subdivision.
Planner Waldock spoke regarding a request from D. R. Horton seeking
a variance from the Village to procure building perma.ts on eight
lots in Phase II of the Arbors of Plainfield that are not yet fully
developed. Although the Village ordinance does not allow for
permits without permanent access, they are asking to be allowed to
obtain eight building permits on lots 87,88,89,90,97,98,99 and 100
providing the developer places a temporary stone access to the
eight lots. Staff would not object to construction on Lots
16,87,77,65,55 and 54 in that they have access to Reuben Drive. If
they desired to position the house so access is by either Arbor,
Lexington or Dan O'Donnell, we would have no objection. There was
discussion by the Board. Trustee Heimerdinger felt that we should
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 13, 1995
PAGE SIX
make an exception in this case. The remaining Board agreed that we
should go by our current policy, and notify the builder and
developer that they can have access to lots that front Reuben, but
not the others.
Planner Waldock stated that Meridian Engineers would like us to
schedule a Workshop with the Village Board for February 27, 1995.
Lane Kendig would also like a scheduled Workshop for March 14,
1995, Tuesday.
Planner Waldock briefly discussed a meeting with Jim Phelps who had
a subdivision plan approved on March 7, 1994, that he far various
reasons had not had recorded. Subdivision regulations seek to
cause him to have it recorded within 30 days of approval. With the
Boards concurrence we would have the opportunity to reapprove his
March 7th, 1994 approval.
J. Heimerdinger moved to reapprove Phelps Subdivision for Amboy and
Center Street which was first approved by the Board on March 7,
1994. Seconded by J. Dement. Voice vote. 4 yes, 0 no. Motion
carried.
POLICE CHTEF'S REPORT
Chief Sennett explained to the Board that we have been. made aware
that we received $75,000, 1 officer, from our COPS FAST Grant.
Operations Report for December was presented to the Board. There
was discussion on concern in reference to truck traffic on
Essington Road between 135th and Route 126. Research was needed to
find out if we can enforce a weight restrict~.on on that particular
road, if so, the Board is not opposed to placing restriction on it.
Illinois Municipal League is sponsoring a couple legislations
dealing with part-time police officers and auxiliary officers which
would require review from Board. Also informed the Board of a
referendum on the April election dealing with a 50 cent increase in
surcharge on 911 phones, based on 91~. implementing a county wide
800 trunking system.
CLERK'S REPORT
J. Heimerdinger moved to approve the purchase of 1995-96 Vehicle
Stickers in the amount of $2,502.51 from Scat Decal Company.
Seconded by M. Lambert. Voice vote. 4 yes, 0 no. Motion carried.
J. Regis, Engineer for the Village, spoke regarding correspondence
received from FEMA regarding our letter protesting the September
20, 1993 preliminary Flood Insurance Study for Will County and
Incorporated Areas. The letter identifies information received
from the Village of Plainfield and also requests additional data be
sent to them before they finalize the proposed flood elevation
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 13, 1995
PAGE SEVEN
determinations.
M. Lambert moved to adjourn the meeting and to go into Executive
Sessa.on, after taking a 5 minute break, for the purpose of
discussions on probable and imminent litigation, pending litigation
and land acquisition, and to reconvene. Seconded by R. Rack. Vote
by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes, Rock,
yes. 4 yes, 0 no. Motion carried.
9:45 p.m. Adjourned to go into Executive Session
10:35 p.m. Reconvene the Regular Meeting
M. Lambert moved to adjourn the meeting. Seconded by J. Dement.
Voice vote. 4 yes, 0 no. Motion carried.
10:43 p.m. Adjourned.
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SUSAN JANIK, VIL GE CLERK
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