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HomeMy Public PortalAbout12.18.95 VB MinutesPLAINFIELD VILLAGE BOARD OF TRUSTEES REGULAR MEETING DATE: DECEMBER 18, 1995 AT: PLAINFIELD PUBLIC LIBRARY MEMBERS OF BOARD PRESENT: PRESIDENT PETERSON, J. HEIMERdINGER, R. ROCK, M. LAMBERT, J. DEMENT,. R. SMOLICH, K. STALZER. OTHERS PRESENT: D. VAN VOOREN -ADMINISTRATOR S. JANIK -CLERK J. HARVEY -ATTORNEY H. HAMILTON -ENGINEER P. WALDOCK -DEVELOPMENT/ZONING J. DURBIN -PLANNER 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 presented 1995 Year End Awards. Ms. Edith Williams, Postmaster of the Plainfield Past Office 1995 Citizen of the Year; Mr. and Mrs. John Bates, 1995 Beautificatia,n of the Year; Mr. Jeffrey Durbin, 1995 Employee of the Year; Mr. Jack Heimerdinger, 1995 Trustee of the Year; Mr. Clayton Olsen, 1995 Business of the Year. He then presented SWARM Snow Plow Rodeo Awards. William Curwick received 2nd Place in Category A for the 9th Annual snow Plow Rodeo, The Village of Plainfield received Best of Shaw Decorated Snow Plow and Stacey Stofko received a commendation from the Village for her artistic efforts in the decorating of the snow plow. Public Comments: Karen Kagabein spoke briefly on the Utility Tax and urged the Trustees to amend the proposed Ordinance to include a Sunset provision for 5 years. K. Stalzer moved to adjourn the regular meeting and go into the Public Hearing. Seconded by R. Smolich. Voice vote. 6 yes, 0 no. Motion carried. 7:20 p.m. Public Hearing. 7:31 p.m. Reconvene the Regular Meeting. President Peterson requested an Executive Session on personnel to reconvene, litigation to reconvene and land acquisition, not to reconvene. J. Heimerdinger requested changes to the Agenda, in which Items 7, $, 10, 11, 13 and 14 be moved to the next regular meeting. PLAINFIELD VILLAGE BOARD OF TRUSTEES DECEMBER 1$,~~-1995 PAGE TWO The other Trustees did not feel that any items warranted removal. R. Smolich moved to approve the Agenda. Seconded by J. Dement. Voice vote. 5 yes, 1 no Q. Heimerdinger). Motion carried. ). Heimerdinger moved to approve the Consent Agenda to include: a) Regular Board Meeting, November 20, 1995; b) Public Hearing, November 20, 1995; c) Regular Board Meeting, December 4, 1995; d) Public Hearing, December 4, 1995; e) Public Safety Workshop, November 9, 1995; fl Planning &Dev. Workshop, November 15, 1995; g) Dev. Committee Workshop, November 29, 1995; h) Growth Management Workshop, December 4, 1995; i) Bills Payable December 18, 1995; j) Revenue Report/November, 1995; k) Expenditures Report, November, 1995; I) Letter of Credit Reduction, Harvest Glen #1. Seconded by R. Smolich. Vote by roll call. Dement, yes; ,Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. #3 ORDINANCE -TAX LEVY 1995 J. Dement moved to adopt ORDINANCE NO. 1637 TAX LEVY 1995-1996 FOR THE • VILLAGE OF PLAINFIELD. Seconded by R. Smolich. Vote by roll call. Dement,yes, Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 na. Motion carried. #4 ORDINANCE -UTILITY TAX J. Heimerdinger moved to adopt ORDINANCE NO. 1638 ESTABLISHING A MUNICIPAL UTILITY TAX WITHIN THE VILLAGE OF PLAINFIELD, inserting a three percent (3%) rate for utilities commencing on February 1, 1996 and excluding Government Agencies. Seconded by K. Stalzer. K. Stalzer moves to amend the percentage of tax to four percent (4%) and no exclusion of governmental entities. Seconded by R. Smolich. Vote by roll call. Dement, no; Heimerdinger, no; Lambert, no; Rock, no; Smolich, yes; Stalzer, yes. 4 no, 2 yes. Amendment fails. K. Stalzer moves to amend the percentage of tax to four percent (4%) keeping the exclusion of governmental agencies. Seconded by R. Smolich. Vote by roll call. Dement, no; Heimerdinger, no; Lambert, no; Rock, no; Smolich, yes; Stalzer, yes. 4 no, 2 yes. Motion failed. Roll call vote on ORDINANCE NO. 1638. Dement, no; Heimerdinger, yes; Lambert, yes; Rock, no; Smolich, no; Stalzer, no. 4 no, 2 yes. Ordinance No. 1638 fails. . PLAINFIELD VILLAGE BOARD OF TRUSTEES DECEMBER 18, 1995 PAGE THREE J. Heimerdinger moved adoption on ORDINANCE NO. 1638 starting in February of 1996 excluding governmental bodies and having a rate of four percent (4%). Seconded by K. Stalzer. Vote by roll call. Dement, no; Heimerdinger, yes; Lambert, no; Rack, no; Smolich, yes; Stalzer, yes; J. Peterson, yes. 4 yes, 3 no. Motion carried. J. Heimerdinger moved to adopt ORDINANCE NO. 1639 inserting into the blank spots that the tax commence February 1, 1996 at the rate of four percent (4%) and this particular tax cannot exclude anybody. In Section 6 insert the minimum fine of $100A0. Seconded by R. Smolich. Vote by roll call. Dement, no; Heimerdinger, yes; Lambert, no; Rack, no; Smolich, yes; Stalzer, yes; J. Peterson, yes. 4 yes, 3 no. Motion carried. #5 ORDINANCE -AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO ALLOW A DAY CARE FACILITY LOCATED AT 23235 LINCOLN HIGHWAY. M. Lambert moved to adopt ORDINANCE NO. 1640 AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO ALLOW A DAY CARE FACILITY LOCATED AT 23235 LINCOLN HIGHWAY. Seconded by R. Smolich. There was a short discussion regarding the trailer in back of property and that it needs to be removed before this permit is issued. • Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. #6 DISCUSSION - WALLIN WOODS FINAL PLAT UNIT5 1 & 2 Director Waldock spoke regarding the Final Plat review for Wallin Woods Units One and Two which is located South of Lockport Street West of the E.J. & E. Tracks. The subject site is vacant agricultural land. There is a farmstead in the northeast portion of the property. The site consists of 161.2 acres overall. Current zoning for the site is 50.20 acres of B-3, General Commercial and approximately eighty-five (85) acres of R-1, Single-Family residential. The Plan Commission approved the Final Plat for Wallin Woods Units One and Two with the following stipulations: 1) Compliance with the requirements of the Village Engineer; 2) Compliance with provisions of the Plainfield Fire District; 3) Compliance with the requirements of the Illinois Department of Transportation for IL Route 126/U.S. Rt. 30 improvements at the intersection of Wallin Boulevard (Van Dyke Road extension); 4) Change Wallin Boulevard to Van Dyke Road, change Vermette Street to Wallin Street, and add additional #5) Subject to entering into a Subdivision Improvement Agreement with the applicants. Administrator Van Vooren made a point of clarification on existing outlot in Unit 2 that consists of the excavated foundation of some historic significance that is deeded as part of the outlot that will end up in/or around the park site. It has been set out as an outlot and will be deeded to the Village of Plainfield. • PLAINFIELD VILLAGE BOARD OF TRUSTEES DECEMBER 18, 1995 PAGE FOUR The Trustees discussed the need for future determination of the actual positioning for the Van Dyke Road ultimate alignment at the west property line. Mike Lambert made a motion to table the above discussion for further review and information and bring back to the January 8, 1996 meeting. Seconded by K. Stalzer. Voice vote. 6 yes, 0 no. Motion carried. #7 ORDINANCE -AMENDING THE VILLAGE OF PLAINFIELD CURFEW J. Heimerdinger moved to adopt ORDINANCE NO. 1641 AMENDING THE VILLAGE OF PLAINFIELD CURFEW ORDINANCES. Seconded by J. Dement. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rack, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. #$ ORDINANCE -AMENDING CHAPTER 6 ARTICLE IV OF THE CODE OF ORDINANCE OF THE VILLAGE OF PLAINFIELD J. Heimerdinger moved to adopt ORDINANCE NO. 1642 AMENDING CHAPTER 6, • ARTICLE IV OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD, DEFECATION IN PUBLIC PLACES. Seconded by R. Smolich. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. J. Heimerdinger moved to adopt ORDINANCE NO. 1643 AMENDING CHAPTER 6, ARTICLE I OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD, POSSESSION OF DRUG PARAPHERNALIA. Seconded by R. Smolich. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. #9 RESOLUTION -DRUG AND ALCOHOL ABUSE POLICY J. Dement moved to adopt RESOLUTION NO. 1133 AMENDING THE PERSONNEL RULES AND REGULATIONS, COMMONLY KNOWN AS THE EMPLOYEE HANDBOOK FOR THE VILLAGE OF PLAINFIELD, SECTION 9.8 DRUG AND ALCOHOL ABUSE POLICY. Seconded by J• Heimerdinger. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES DECEMBER 18, 1995 PAGE FIVE #10 RESOLUTION -MAINTAIN "THE LEARNING CHANNEL" ON CONTINENTAL CABLEVISION K. Stalzer moved to adopt RESOLUTION NO. 1134 TO SUPPORT MAINTAINING "THE LEARNING CHANNEL" ON THE CONTINENTAL CABLEVISION PROGRAM LIST. Seconded by R. Smolich. Vote by roll call. Dement, yes; Heimerdinger, no; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 5 yes, 1 no. Motion carried. #11 DISCUSSION -DOWNTOWN DESIGN COMPETITION Planner Durbin told the Board that the Wallin Woods Annexation Agreement included the following clause: "Owner agrees to cooperate with the Village to sponsor and fund a design competition for the design and development of Parcel B within three (3) years of the signing of this agreement". Staff recommends that the Village work with the developers to implement this clause as soon as possible. Staff has discussed this issue with the developers, who agree that the competition should be implemented soon to avoid any delays or problems associated with . potential commercial development. The concern is that this clause could delay or deter potential commercial development on the property if the clause has not been satisfied. The Village will benefit directly from a design competition through the publicity generated by the competition, creative ideas generated by design professionals throughout the country, and alternative design ideas for the Wallin Woods commercial development. The Trustees had a lengthy discussion. M. Lambert moved to authorize the Village President to execute a Letter of Intent to Mr. Ollswang of Design Competition Services to provide competition advising services for the Village of Plainfield Downtown Design Competition. Seconded by R. Smolich. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. #12 DISCUSSION - SWEETWOOD ANNEXATION AGREEMENT Planner Durbin spoke regarding the subject site which is located approximately 285 acres of vacant agricultural land, located between Rt. 126 and 143rd St., 1/4 mile west of U. S. Rt. 30. The subject site is presently used agriculturally. Drainage far the property flows toward the southwest. The site is relatively flat with no substantial topographical features. The applicants propose an Annexation Agreement with R-1, Single-family zoning to accommodate a residential subdivision with fully developed park site, including ball fields, soccer field and tennis courts, a trail system along the storm water detention areas and a man mad wetland area. Also included with the project is a privately maintained swim club PLAINFIELD VILLAGE BOARD OF TRUSTEES ~~wfi~ DECEMBER 18, 1995 PAGE SIX on 5 acres located at the intersection of Meadow Lane and "K" Street. A 12.03 acre school site contribution is proposed for an area centrally located in the subdivision, north of "K" Street and west of Meadow Lane. The development includes 718 total dwelling units (down from 750 units in the previous plan). Staff recommends approval of the Annexation of the 285 acre site, based upon the finding that the property is a logical extension of the current Village boundaries. Staff would recommend approval of establishment of Res. ASingle- familyzoning over the site, base due upon the finding that this zoning is consistent with the Villages' Comprehensive Plan and is consistent with current surrounding land uses. The Trustees had discussions regarding the responsibility of sidewalks and trees. Mr. Philipchuck, attorney representing MAF Development also participated in the discussion. They also briefly spoke regarding requesting the developer to contribute the tap-on fees for schools. J. Heimerdinger moved to instruct the Village Attorney to draw up Ordinances for the adoption of the Annexation Agreement and the Zoning far MAF Developers and the Village of Plainfield. Seconded by R. Smolich. Administrator Van Vooren told the Board that their might be a slight modification to the Annexation Agreement regarding a recapture Agreement that might impact this particular site which was done in 1976. The developer ~--•- has agreed that if there is an obligation due under a 1976 Recapture Agreement they will honor that agreement. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Mr. Rack commented that he very surprised that our Planning and Staff has allowed a project like this to come in, deviating from all our Ordinances, Rock, no; Smolich, yes; Stalzer, yes. 5 yes, 1 no. Motion carried. #13 ORDINANCE -COMPREHENSIVE PLAN M. Lambert moved to adopt ORDINANCE NO. 1644 ADOPTING A COMPREHENSIVE PLAN FOR THE VILLAGE OF PLAINFIELD. Seconded by R. Smolich. Vote by roll call. Dement, no; Heimerdinger, yes; Lambert, yes; Rock, no; Smolich, yes; Stalzer, yes. 4 yes, 2 no. Motion carried. #14 RESOLUTION -CONTINENTAL CABLEVISION~ LNC. K. Stalzer moved to adopt RESOLUTION 1135 CONSENTING TO THE TRANSFER OF THE VILLAGE OF PLAINFIELD FRANCHISE FROM CONTINENTAL CABLEVISION OF WILL COUNTY, L.P. TO CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS, INC. Seconded by R. Smolich. Vote by roll call. Dement, no; Heimerdinger, yes; Lambert, yes; Rock, no; Smolich, yes; Stalzer, yes. 4 yes, 2 no. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES DECEMBER 18, 1995 PAGE SEVEN ADMINISTRATOR'S REPORT HRII.`~°4~r Administrator Van Vooren spoke regarding the owner of the Lincoln Plaza, Louis Mr. Carnesis has made initial payment of 40% of the proposed fees for sewer and water connection to his building. I have then set up a payment schedule for 20 quarterly payments at 5% interest on the outstanding balance of the amount financed, $20,441.10. ~(A~,v' rsis J. Dement moved to concur with the payment schedule for Louis C~es+s for fe~for sewer and water connection. Seconded by K. Stalzer. Voice vote. 6 yes, 0 no. Motion carried. Administrator Van Vooren spoke regarding the contract that we entered into with Layne Western for Well development on Well #5. We are now aver the approved figure and need to seek authorization from the Board to increase the anticipated budget for this project to $95,000.00, from $75,000.00. D. Rock moved to approve the increase in the budget for the development on Well #5. Seconded by J. Dement. Voice vote. 6 yes, 0 no. Motion carried. M ENGINEER'S REPORT H. Hamilton spoke regarding the STP funding program of the Lockport Street Bridge Replacement and Rehabitation. K. Stalzer moved to authorize Hamilton Engineering to prepare the structure rating and the STP BURP Funding Program Application in an amount not to exceed $1,620.00. Seconded by J. Dement. Voice vote. 6 yes, 0 no. Motion carried. PLANNER'S REPORT M. Lambert moved to adapt RESOLUTION NO. 1136 AMENDING FEES CHARGED FOR ELECTRICAL INSPECTIONS. Seconded by R. Smolich. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rack, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. Director Waldock spoke regarding Thorton Oil's request for promotional displays at the establishment for Grand Opening purposes. J. Heimerdinger moved to authorize the promotianal displays until current inventory expires and the display of the gas powered Truck until December 23, 1995. Seconded by K. Stalzer. Voice vote. 6 yes, 0 no. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES DECEMBER 18, 1995 PAGE EIGHT Trustee Rock spoke regarding the storage of automobiles for repair located at Auto Masters on Rt. 59 and Rt. 30. Director Waldock stated that they have had several communications with the property owner and that he has been given 30 days to reduce his auto count to 8 cars or we would go to court. The owner's response is that he will sue the Village. The 30 days would run out around the 15th of January. POLICE CHIEF'S REPORT Chief Bennett presented the Operations Report for December and asked far comments from the Board as to any additional items they would like to see in the Operations Report for 1996. Trustee Lambert requested that we look over the 5olicitors/Peddlers permits issued and to check out why some residents in town are seeing an increase of Solicitors at their homes late in the evening. Superintendent Countryman spoke requesting permission from the Board for authorization to sign Purchase Orders in an amount of $500.00. J. Dement moved to authorize Superintendent Countryman permission to sign Purchase Orders for amounts up to $500.00. Seconded by R. Rock. Voice Vote. 6 yes, 0 no. Motion carried. J. Heimerdinger moved to adjourn the meeting to go into Executive Session, after a five minute break, to discuss personnel, to reconvene; litigation, to reconvene and land acquisition, not to reconvene. Seconded by J. Dement. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 9:37 p.m. Adjourned to Executive Session. 11:05 p.m. Reconvened the regular meeting for the purpose of personnel and litigation. Roll call stands from previous call, all were present. J. Heimerdinger moved to hire Mr. John (Pat) McDonald as interim Village Administrator at a Serrrice Contract fee of $5,000.00 a month and far the Village Attorney to prepare the Contract for execution by the Village President with a start date of January 3, 1995. Seconded by J. Dement. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer. 6 yes 0 no. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES DECEMBER 18, 1995 PAGE NINE K. Stalzer moved that in order to avoid further legal entanglements, that we agree in principal to the Boundary Agreement as depicted with stipulations that the Clarkson/Stiegle property not be zoned for quarrying, mining, asphalt plants and such heavy industrial work, between the Village of Plainfield and the Village of Bolingbrook. Seconded by J. Heimerdinger. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, no; Rock, yes; Smolich, yes; Stalzer, yes. 5 yes, 1 no. Motion carried. M. Lambert moved to adjourn the meeting. Seconded by R. Smolich. Voice vote. 6 yes, 0 no. Motion carried. 11:10 p.m. Meeting adjourned. .~~ ~ ~' % . SUSAN JANIK, VILL E CLERK • •