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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. ~,.r _.~J SUSAN JANIK, VIL GE CLERK n