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Home My Public Portal About02.19.96 VB Minutes• PLAINFIELD VILLAGE BOARD OF TRUSTEES REGULAR MEETING DATE: FEBRUARY 19, 1996 AT: PLAINFIELD PUBLIC LIBRARY MEMBERS OF BOARD PRESENT: PRESIDENT PETERSON, J. HEIMERDINGER, R. ROCK, M. LAMBERT, J. DEMENT, R. SMOLICH, K. STALZER. OTHERS PRESENT: P. MCDONALD -ADMINISTRATOR S. JANIK -CLERK D. BENNETT -CHIEF 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's Comments: The Village authorized the purchase of JII Trucking Company located at 833 W. 143rd Street for a permanent street garage. Plainfield has been accepted for the Main Street Program and a meeting will be held on February 28, 1996 at 8:30 a.m. at the Village Library. All interested parties should take the time to attend this meeting. At 1:30 p.m. this afternoon, I filed a VETO for the Motion to repeal the Utility Tax Ordinance with the Village Clerk. Public Comments: Karen Kaegebein applauded Trustees Rock, Dement and Lambert for the motion to repeal the Utility Tax. She encourages the Board to listen to the voice of the people, and repeal this tax and look at different ways to raise revenue. Administrator McDonald requested that we add Item 2(h) on the Consent Agenda, Change Order No. 2 for Baish Construction for the Reconstruction of Whispering Creek Subdivision. President Peterson requested an Executive Session on Land Acquisition not to reconvene, personnel to reconvene. J. Dement moved to approve the Agenda as Amended. Seconded by K. Stalzer. Voice vate. 6 yes, 0 no. Motion carried. R. Rock commented on President's Peterson remarks in the newspaper regarding his M absenteeism. He then proceeding to inform the President and Board members that in 1992 he attended all meetings; 1993, he attended all meetings; 1994, he missed 2/21/94 meeting; PLAINFIELD VILLAGE BOARD OF TRUSTEES FEBRUARY 19, 1996 PAGE TWO 1995, he attended all meetings; 1996, he missed 1/08/96 meeting. Workshops, 1992, he attended all workshops; 1993, he attended all workshops; 1994, 2/28/94 and 5/9/94 missed two workshops; 1995, he attended all workshops; 1996, he attended all workshops. J. Heimerdinger moved to approve the Amended Consent Agenda to include the following: a) Minutes January 29, 1996 Special meeting. b) Minutes February 5, 1996 Regular meeting. c) Minutes Ways & Means, January 29, 1996. d) Minutes Growth Management, February 5, 1996. e) Bills Payable, February 19, 1996. f) Revenue Report, January 31, 1996. g) Expenditures Report, January 31, 1996 h) Change Order No. 2, Baish Construction Company 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 DISCUSSION -AMENDMENT TO RESTRICTIONS PLAINFIELD PLAZA K. Stalzer moved to approve the amendment to restrictions on Plainfield Plaza (Item a) a sit dawn restaurant, except that acarry-out facility or facilities which seats no mare that fifty persons shall be permitted. Trustee Heimerdinger indicated that the problem might be in the original intent of the covenant between nearby property owners and Bays. We should discuss the seating in both buildings (north and south) as a whole and limit it to no more than 50 seats in the entire building, and not parcel it down to an individual place. Trustee Dement felt the intent of the covenant was to make a distinction between acarry-out facility and asit-down facility. He felt that 50 seats is unreasonable in a carry-out facility, and he informed the Board that residents living nearby are concerned with the intensity of the facility. He also believed that the parking was insufficient. Director Waldock joined discussions on the number of parking spaces at the north building. K. Stalzer stated that since each bay can have 20 seats, and there are 10 bays we could modify it to an aggregate of 200 seats. Trustee Lambert stated that he feels it all comes down to an agreed to amendment to a zoning restriction which was entered into voluntarily by the property owners themselves. also believe that the nearby property owners have assumed they were going to have peace and quiet when these covenants were agreed to. • PLAINFIELD VILLAGE BOARD OF TRUSTEES FEBRUARY 19, 1996 PAGE THREE K. Stalzer modified his motion to state "a" a sitdown restaurant, except that acarry-out facility or facilities with no more than 50 seats and no more than 200 seats in the whole north plaza in the aggregate be allowed in the Bays parcel North Building shall be permitted. Seconded by R. Smolich. Trustee Dement questioned if there was any desire on Trustee Stalzer's motion to mention parking. Trustee Stalzer said the motion as stands. ~. Heimerdinger moved that we amend the motion to the point where the total capacity of the building would not exceed 100, rather than 200. Seconded by R. Smolich. At this point Trustee Smolich asked the Staff for a briefing on discussions during the past week on the paving of the back parking lot, (parking proposal). Vote by roll call. Dement, no; Heimerdinger, yes; Lambert, no; Rock, no; Smolich, yes; Stalzer, yes; Peterson, yes. 4 yes, 3 no. Motion amended. K. Stalzer asked Attorney Harvey to explain the meaning of Conflict of Interest, and where the bounds are in voting. Attorney Harvey basically explained the business interest/ direct economic benefit pertaining to Trustees and Village Officials. The motion on the floor, and seconded by R. Smolich, is for a sitdown restaurant, except that acarry-out facility or facilities with no more than 50 seats and no more than 100 seats in the whole north plaza in the aggregate be allowed in the Bays parcel North Building shall be permitted. Vote by roll call. Dement, no; Heimerdinger, yes; Lambert, no; Rock, no; Smolich, yes; Stalzer, yes; Peterson, yes. 4 yes, 3 no. Motian carried. At this point of the meeting, President Peterson entertained a motion to confirm the appointment of Mr. Thomas Fitzgerald. ~. Heimerdinger moved to confirm the appointment of Thomas Fitzgerald to fill the vacancy an the Police Commission. Seconded by R. Smolich. Voice vote. 6 yes, 0 no. Mation carried. #4 ORDINANCE -REPEALING THE UTILITY AND TELECOMMUNICATION TAX. R. Rock moved to adopt Ordinance No. 1655 repealing the ordinances establishing municipal utility tax and a municipal telecommunication tax. Seconded by ). Dement. Each Trustee voiced his opinion on the subject of the Utility Tax including President Peterson. ). Heimerdinger spoke briefly on the proposed Budget and concerns on the underfunding of previous budgets. Vote by roll call. Dement, yes; Heimerdinger, no; Lambert yes; Rock, yes; Smolich, no; Stalzer, no. No majority approval. Ordinance fails. PLAINFIELD VILLAGE BOARD OF TRUSTEES FEBRUARY 19, 1996 PAGE FOUR #5 ORDINANCE -CORRECTIONS ON THE UTILITY TAX ORDINANCE J. Heimerdinger moved that we adopt ORDINANCE NO. 1655 AMENDING ORDINANCE NO. 1638 ("AN ORDINANCE ESTABLISHING A MUNICIPAL UTILITY TAX WITHIN THE VILLAGE OF PLAINFIELD). Seconded by R. Smolich. Vote by roll call. Dement, no; Heimerdinger, yes; Lambert, no; Rock, no; Smolich, yes; Stalzer, yes; Peterson, yes. Motion approved. #6 _DISCUSSION -CONCEPT PLAN FOR WISEMAN HUGHES DEV. ___. CHAMPION CREEK Planner Durbin spoke to the Board regarding the Annexation, Zoning, and P.U.D. Concept Plan on the Northwest corner of 119th Street and IL Rt. 59. The subject site is a 121.4 acre parcel located at the northwest corner of 119th Street and Illinois Route 59. The applicants are proposing a 20 acre commercial site at the corner of Rt. 59 and 119th Street with the remainder of the site being single family residential which includes open space provisions. Staff has recommended that this project proceed through the review process as a Planned Unit Development. The purpose of using the Planned Unit Development provisions for this development proposal is to stimulate a creative approach to residential developments, provide more efficient use of land, and preserve natural features and provide open space areas consistent with the Comprehensive Plan, as noted in the Zoning Ordinance. Overall staff feels that the proposed plan meets the goals of the Comprehensive Plan, however, we recommended the following to the Plan Commission: 1) The gross density should be reduced; 2) The east/west residential collector should provide an 80 foot right-of-way. There should be no driveway access to the residential collector. 3) The development of the commercial site should provide a consistent character; The Plan Commission concurred with the following preliminary P.U.D. findings of fact subject to the discussion above: 1) The design of the P.U.D. presents an innovative and creative approach to the development of land. 2) The P.U.D. meets the requirements and standards of the P.U.D. regulations; 3) The physical design of the P.U.D. efficiently utilizes the land and adequately provides for transportation and public facilities while preserving the natural features of the site; 4) Open space areas and recreational facilities are provided. 5) The modifications in design standards from the subdivision control regulations and the waivers in bulk regulations from the Zoning regulations fulfill the intent of those regulation. Attorney Ed Welsh, representing Wiseman Hughes talked briefly regarding concerns that they have which are: 1) grass density 2) east/west residential collector/driveway access 3) location of the water tower. Hitchcock Designs Group, Ed Seifers, Subdivision Engineer, Mr. Jim Hughes spoke to the Board regarding the development and that they had great concerns with the location proposed far the water tower. Mr. Hughes also presented to the Board the concept of a collectible water tower acquiring site fund. PLAINFIELD VILLAGE BOARD OF TRUSTEES FEBRUARY 19, 1996 PAGE FIVE M. Lambert moved to approve the concept plan for Champion Creek and that we concur the recommendation of Plan Commission, except that we reserve a one (1) acre site that doesn't tie anybody into the water tower, that we will continue to work the developer and the village engineer to investigate a more appropriate site. Seconded by K. Stalzer. Vote by roll call. Dement, no; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 5 yes, 1 no. Motion carried. 9:10 p.m. five minute recess 9:15 .m. Resume meetin #7 ORDINANCE -INCREASING SCAVENGER LICENSES J. Heimerdinger moved to adopt ORDINANCE NO. 1656 INCREASING THE NUMBER OF SCAVENGER LICENSES FROM SIX (6) TO SEVEN (7). Seconded by R. Smolich. Vote by roll call. Dement, yes; Heimerdinger, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. The Board also approved by consensus an application for scavenger and garbage collection far business and industrial only for Midwest Environmental Waste Services. #$ RESOLUTION -ABATEMENT OF ALTERNATE REVENUE BONDS J. Heimerdinger moved to adopt RESOLUTION NO. 1142 ABATING THE 1995 TAX LEVIES FOR THE GENERAL REFUNDING OBLIGATION BONDS, SERIES 19936, OF THE VILLAGE OF PLAINFIELD. Seconded by J. Dement. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. #9 ORDINANCE -AUTHORIZING THE SALE OF PERSONAL PROPERTY Chief Bennett described to the Board the surplus radar equipment that they were desiring to sell, and that he currently had a proposal for J & L Electronics to purchase the equipment for a total price of $500.00. J. Dement moved to adopt ORDINANCE NO. 1657 AUTHORIZING THE SALE OF PERSONAL PROPERTY. Seconded by R. Rock. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. Mr. Gerald R. Plock, Vice President of THE PAR GROUP spoke to the board concerning the recruitment of our next Village Administrator. PLAINFIELD VILLAGE BOARD OF TRUSTEES FEBRUARY 19, 199b PAGE SIX ADMINISTRATOR'S REPORT Administrator McDonald told the Board that Staff has budgeted $5,000 in contingencies for Well #4 Repair Work, but since the contractor has not yet completed the sand removal, Staff has determined that the total cost of the project could exceed our original estimate, and the Water and Sewer department is seeking authorization of an additional $5,000 to be used only if needed to complete the repair work at Well #4. K. Stalzer moved to approve an additional $5,000 to complete the repair work at Well #4. Seconded by R. Rock. Vote by roll call. Dement, yes; Heimerdinger, yes; Rock, yes; Smolich, yes; Stalzer, yes. byes, 0 no. Motion carried. ENGINEER'S REPORT Engineer Hamilton spoke to the Board regarding the possible closing of the Van Dyke Raad Box Culvert and the reconstruction of same. As far as closing the existing structure, structurally it appears adequate for the ported load. Functionally it is a one-lane structure with inadequate roadside barrier protection (guardrails). Guardrail installation would be in . the $10,000 range. The structure could certainly be ported for one-lane.lf the Village feels the liability outweighs the use benefits then the bridge should be closed. There was a lengthy discussion between the Board. Alternate routes for school buses, proper detouring were some concerns. It was the Board's consensus to direct Engineer Hamilton to prepare a review within a budget of $15,000 to properly guardrail the Van Dyke Road Box Culvert as a one lane facility. It was directed for Chief Bennett to work with the school to get some re-routing, and J. Heimerdinger would work with the committee for permanent replacement of the Van Dyke Road Box Culvert. It was also discussed to immediately place barricades or street signs to advise of inadequate roadside barriers. Trustee Lambert also brought up discussion on street lights on Pratt Lane, which was submitted to the Public Safety Committee for review. PLANNER'S REPORT Director Waldock spoke regarding IDOT's letter dated February 13, 1996 has suggested the closing of the north entrance to the Village Hall parking lat. This request is made due to ongoing design preparations for the Rt. 59 widening. The box culvert servicing the highway crossing for the West Norman Drain next to Village Hall has been upgraded in the Rt. 59 . plans to a bridge design. • PLAINFIELD VILLAGE BOARD OF TRUSTEES _ FEBRUARY 19, 199G PAGE SEVEN M. Lambert moved to support the closing of the North Driveway Entrance into the Village Hall. Seconded by K. Stalzer. Voice vote. 6 yes, 0 no. Motion carried. Director Waldock also informed the Board that John Bays has submitted his parking proposal showing 72 parking spaces to be constructed in the area west of the building that is now gravel. POLICE CHIEF'S REPORT Chief Bennett asked the Board's approval for acquiring an appraisal and possible moving/sale of an old safe still kept at the Village Hall. The Board was in agreement. J. Dement moved to go into Executive Session on Land Acquisition not to reconvene, and on personnel, to reconvene. Seconded by R. Rock. Vote by roll call. Dement, yes; Heimerdinger, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 6 yes, 0 no. Motion carried. 10:30 p.m. Adjourned to Executive Session. 10:47 p.m. Reconvene the regular meeting. 1. Heimerdinger was absent, all other Trustees were present. J. Dement moved to approve an Addendum to Mr. McDonald's Consultant's Agreement for an additional 60 days to April 30, 199b. Seconded by M. Lambert. Vote by roll call. Dement, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 5 yes, 1 absent. Motion carried. M. Lambert moved to adjourn the meeting. Seconded by R. Smolich. Voice vote. 5 yes, 1 absent. Motion carried. 10:52 p.m. Meeting adjourned. !^. p/' ~~~~ ,~ s SUSAN JANIK, VILLAGE CLERK i~~, •