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HomeMy Public PortalAbout01.23.95 VB MinutesPLAINFIELD VILLAGE BOARD OF TRUSTEES REGULAR MEETING DATE: JANUARY 23, 1995 AT: PLAINFIELD PUBLIC LIBRARY MEMBERS OF BOARD PRESENT: PRESIDENT PETERSON, J. HEIMERDINGER, R. ROCK, M. LAMBERT, J. DEMENT. OTHERS PRESENT: D. S. D. J. H. P. VAN VOOREN - ADMINISTRATOR JANIK - CLERK BENNETT - POLICE CHIEF HARVEY -- ATTORNEY HAMILTON - ENGINEER WALDOCK - FLANKER Before the regular meeting started, President Peterson presented his annual Mayor's Awards as follows: Trustee of the Year r Dick Rock, Citizen of the Year - Ed Schrader, Beautification Award- St. Mary Immaculate Church, Employee of the Year - Sue Janik, Sheri Binzen, Lisa Disera, Maureen Donnelly, Sharon Hart, Barbara Kujath and Larissa Pehlke, and Business of the Year - The Enterprise, Publishers Wayne and Beverly Perry, and Editor Deborah Danielski. At 7:04 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 candidates who filed for position of Trustee of the Village: Jeffrey Dement, (incumbent) 4 yearn term; Michael. Lambert, (incumbent) 4 year term; Robert Pottorff, 4 year term, Kurt Stalzer, 4 year term; Kevin Myers, 2 year une~rpired term of Larry Kelly, and Ray Smalich also running for the 2 year term. President Peterson presented a slide program as to what the Post Office has in mind for the new postal facility proposed in Plainfield. Several Committee members including President John Peterson, Administrator Dave Van Vooren and Plan Commissioner Robert Schinderle, took the trip to Bourbonnais Saturday to see a past office that Postmaster Edith Williams says a.s much like the one Plainfield will. soon have. Trustees Jeff Dement and Michael. Lambert, Plan Commissioner Larry Kachel, Planner Pete Waldock, and seven other interested residents also went along on the trip. Public Comments: Village resident, Dorothy Carey, questioned the new ordinance regulating the possession of Tobacco products by minors. Chief Bennett gave explanations and also spoke briefly regarding education or recreational programs for persons under the age of eighteen years. PLAINFIELD VILLAGE BOARD OF TRUSTEES JANUARY 23, 1995 PAGE TWO Administrator asked to have added to the Consent Agenda, a Payout Request #3 far Well #5 to Kovilic Construction Company in the amount of $54,940.37 as letter (h); and also added two checks totalling $42,304.26 which are payable to the order of the Village of Plainfield and Riviera Country Club and were issued by Golden Meadows Estates Joint Venture II for reimbursement for construction of a 24 inch sanitary sewer along Rt. 59 across the Golden Meadows and Herschel Peterson properties. We require authorization for signature. These checks will complete reimbursement of costs extended by Riviera Country Club for off site sewer extensions associated with their Riviera Estates Subdivision project. This item will become (i) on the Consent Agenda. J. Heimerdinger moved to approve the Agenda as amended. Seconded by J. Dement. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rack, yes. 4 yes, 0 no. Motion carried. J. Heimerdinger moved to approve the Consent Agenda. Seconded by M. Lambert. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes. 4 yes, 0 no. Motion carried. 3 ORDINANCE - ZONING Planner Waldock spoke regarding the revisions which were discussed at the last regular meeting and that the new ordinance would reflect and address all the concerns of the Board members. Upon adoption of the Zoning Ordinance text amendments and approval of the R1 Overlay district administrative rules, Staff will distribute this information to all property owners within the Overlay district. Trustee Dement questioned the Board's legal authority under the PUD zoning. He was concerned about the Board's legal ability to deny a request by someone putting an industrial PUD in a residential area if they followed exactly all the guidelines far both the PUD and industrial zoning. He was assured by both Attorney Harvey and Planner Waldock that any proposed PUD would have to be compatible with surrounding land uses and would have to conform to the comprehensive plan. Trustee Dement asked if there would be any way to require a two-thirds vote for approval of PUDs instead of a simple majority. Attorney Harvey responded that whatever the state statue requires, we must follow. There are also provisions for two-thirds vote when amendments are made to set-backs. Provisions could be included in the ordinance to require a two-thirds vote only if the Plan Commission voted against the recommendation. Administrator Van Vooren stated that when a PUD is approved, that approval will have to include all the details included in a final plat, which would give the Village more control than it has under PLAINFIELD VILLAGE BOARD OF TRUSTEES JANUARY 23, 1995 PAGE THREE traditional zoning ordinances. Attorney Harvey also stated that a lot of communities look to have PUDs because they give the communities more flexibility and control. The Board members continued discussion on clarification regarding the R-1 Overlay District. The R-1 Overlay District allows for currently nonconforming duplexes in the Village care to conform to the zoning ordinance by registering with the Village. All residences converted or constructed as multi-family after the 1940's are illegal or nonconforming under the current ordinance. Trustee Lambert questioned Planner Waldock if the ordinance would apply only to duplexes and not to three, four and five unit dwellings. Planner Waldock responded that the new ordinance only addressed two units because they are the only ones we want to permit. All other uses would remain nonconforming under the new ordinance. The concern of Trustee Lambert was why would a duplex owner feel compelled to register his property and would it be fair to inspect duplexes and not the other multi-family units. It was explained that the Village has no intention of shutting down non- conforming units at this time, but the power to do so exists under the current ordinance and will continue under the new one. Registration will eliminate that potential problem for owners of duplexes. President Peterson suggested inspections be required only every 3 or 4 years instead of annually, and that they be mandatory upon the sale or transfer of the property. Trustee Lambert also requested restriction that would not allow duplexes to be registered if one unit of the dwelling was unoccupied far six months or more and that exceptions be made when the owner is in possession of a building permit or he has continuously advertised the property for rent for the six month period. J. Heimerdinger moved to table the Zoning Ordinance until the next regular Board Meeting and directed Planner Waldock to clarify the language on the R1 Overlay District, and also incorporate the suggestions of the Board into the Zoning Ordinance. Trustee Dement also asked if we would incorporate the suggestion that we have a two-thirds vote required if we have a petition of objection. Attorney Harvey specifically stated a case Jones vs Carbondale which says that we can not do it. A non-Home Rule Municipality cannot require two-thirds just because someone legally objects. He will verify this by the next meeting. Seconded by J. Dement. Voice vote. 4 yes, 0 no. Motion carried. 4 DISCUSSION -JEC SUBDIVISION FINALP..LAT Planner Waldock explained that the Preliminary Plat was approved in February of 1994 with eight stipulations. The subdivision Final • Plat is in compliance with the Preliminary Plat approval. Final Plat will establish seven commercial lots. As a result of our recent experience with sanitary sewer levels, the engineering plans . PLAINFIELT7 VILLAGE BOARD OF TRUSTEES JANUARY 23, 1995 PAGE FOUR for the JEC Subdivision are being amended to maintain a separate sanitary sewer system. JEC Subdivision is proposing to construct a temporary lift station to serve the premises. This lift station will be removed as the balance of the Lichtenwalter property develops and replaced by a new lift station being constructed closer to the DuPage River. The Plan Commission recommended approval subject to the following stipulations: Compliance with the stipulations of the Preliminary Plat; Compliance with the requirements of the Village engineer; Compliance with the provisions of the Plainfield Fire district; Lots 1, 2 and 7 shall require individual stormwater detention facilities when properties are developed; An agreement between adjacent landowners and the developers for a berm to be constructed between the sites. The developer will provide money to pay for landscaping to be planted on the adjacent landowners property; Sidewalks will be required at the time of site development along Rt. 59. M. Lambert moved to concur with the Plan Commission and recommend approval of the Final Plat for JEC Lichtenwalter Commercial Subdivision. Seconded by J. Heimerdinger. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rack, yes. 4 yes, 0 no. Motion carried. . ADMINISTRATOR'S REPORT Administrator Van Vooren stated that back in 1994, the Village Board increased both the water/sewer tap-on fees as well as the building permit fee. Mr. Jerry Clark of the Lakelands Corporation contacted us regarding his Annexation Agreement which indicated that far a period of 10 years, the Lakelands Subdivision is immune from Village increases in fees. Staff has researched our files and have found that their needs to be nine (9) refunds due the Lakelands Corporation for Water/Sewer and Building Permits in the total amount of $10,321.54. J. Dement moved to approve the necessary refunds to Lakelands Corporation. Seconded by R. Rock. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes. 4 yes, 0 no. Motion carried. Administrator Van Vooren spoke briefly on the Will County Transportation Meeting schedule for 1995. Will County has determined to update it's transportation plan. The County is proposing to jointly develop the plan with municipalities, townships, regional agencies, and the State. • PLAINFIELD VILLAGE BOARD OF TRUSTEES JANUARY 23, 1995 PAGE FIVE ENGINEER'S REPORT H. Hamilton told the Board that last week his office received a revised grading plan for River Ridge Estates, the Sharp and Capista development along Naperville/Plainfield Road and the DuPage River. The developer has requested that same walk-out basements be constructed on the property. Due to the flood plain elevations, they have decided that the only way to build, would be to raise the houses. The Village code requires that homes be located at 18-30" above the top curb and their revised grading plan would provide that 12 of the 16 homes platted would have elevations of between 51-54" above curb. The Board had discussions and all agreed that they would like to see more information and a regrading plan brought to the next regular meeting. J. Dement moved to make public the Executive Session Minutes for the period of July 11, 1994 through and including December 19, 1994. Seconded by M. Lambert. Voice vote. 4 yes, 0 no. Motion carried. President Peterson read a letter of commendation to police officer, John Konopek on being named Top Runner 1994 from the Troy Fire Protection District. Trustee Dement brought up a discussion on signage for Pyramid Cabinet Company. Trustee ,Lambert suggested that it be given to the Development and Planning Committee for further review. J. Dement moved to adjourn the meeting and to go into Executive Session for the purpose of discussions on collective bargaining and land acquisition. Seconded by M. Lambert. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rack, yes. 4 yes, 0 no. Motion carried. 8: 5 0 p. m. Adjourned . ,.~ ,, ;, R, . ~ ~ ,..... // „.,. ;v SUSAN JANIK, VIL GE CLERK