HomeMy Public PortalAbout02.05.96 VB MinutesPLAINFIELD VILLAGE BOARD OF TRUSTEES
REGULAR MEETING
DATE: FEBRUARY 5, 1996 AT: PLAINFIELD PUBLIC LIBRARY
MEMBERS OF BOARD PRESENT: PRESIDENT PETERSON, R. ROCK, M. LAMBERT,
J. DEMENT, R. SMOLICH, K. STALZER.
OTHERS PRESENT: P. MCDONALD -INTERIM ADMINISTRATOR
S. JANIK -CLERK
D. BENNETT -CHIEF
J. HARVEY -ATTORNEY
P. WALDOCK -DEVELOPMENT/ZONING
J. DURBIN -PLANNER
At 7:00 p.m. President Peterson called the meeting to order. Roll call was taken, J.
Heimerdinger was absent, all other Trustees were present. He then led the pledge to the
flag.
There were no ublic comments.
President Peterson asked, pursuant to the owners request, that Item #5 -Discussion on
Amendment to Restrictions to Plainfield Plaza be moved to the end of the meeting as
Agenda Item #11. Administrator McDonald also requested that Item J be added to the
Consent Agenda as Resolution No. 1141 creating a Class "H" liquor license for Lockport
Street Gallery to hold a Fund Raiser for the Republican Party on February 15, 1996 from the
hours of 5:00 p.m. to 7:00 p.m. Administrator McDonald also added to his Administrator's
report a discussion on an additional Trash Hauler License. President Peterson requested an
Executive Session on Land Acquisition to reconvene and on personnel not to reconvene.
Trustee Rock moved to add a discussion on Utility Tax be added as Item #12 for the
purpose of voting. Seconded by J. Dement. Vote by roll call. Dement, yes; Lambert, yes;
Rock, yes; Smolich, no; Stalzer, no. 3 yes, 2 no. 1 absent. Motion carried and Utility Tax
Item added to Agenda as Item #12.
J. Dement moved to approve the Amended Agenda. Seconded by M. Lambert. Vote by roll
cal I. Dement, yes; Lambert, yes; Rock, yes; 5mol ich, no; Stalzer, no. 3 yes, 2 no. 1 absent.
Motion carried, and the Amended Agenda approved.
J. Dement moved to approve the Consent Agenda which included the following:
a) Minutes of Regular Meeting/Jan. 22, 1996;
b) Accounts Payable/February 5, 1996;
c) Minutes of Planning &Dev. Cam./Jan. 24, 1996;
d) Minutes of Economic Dev. Com./Jan. 17, 1996;
e) Pay Request #1 T. L. Jacobs for Sludge Removal
in the mount of $11,607.00;
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 5, 1996
PAGE TWO
f) Letter of Credit ReductionNintage Harvest Unit 1;
g) Execution of Grant of Easement for Village Utilities
on Pitcher property;
h) Resolution 1140 Temporary Liquor License, Knights
of Columbus Fish Fry, Feb. 23-March 29, 1996;
i) Minutes of Public Safety Com/jan. 16, 1996;
j) Resolution 1141 Temporary Liquor License, Lockport
Street Gallery, Feb. 15, 1996;
Seconded by M. Lambert. Vote by roll call. Dement, yes; Lambert, yes; Rock, yes; Smolich,
yes; Stalzer, yes. 5 yes, 0 no, 1 absent. Motion carried.
#3 PRESENTATION BY LIBRARY BOARD WITH INFORMATION ON IMPACT FEES
George Metzler, President of the Library Baard spoke on the Library's long range plan
regarding growth in their library district and the increasingly impact put on the services they
provide. They would like the Village to consider collecting impact fees for library services.
Since they da not receive tax dollars from new residents for at least one year to eighteen
months, the impact fees will greatly help our ability to accommodate patrons. The Library
Board respectively requests that we discuss this and have the village attorney and library
attorney meet and coordinate an Impact Ordinance. Village Attorney, James Harvey, stated
that this particular kind of ordinance is usually attached to an annexation agreement, and
does not normally stand alone, but he will be happy to review the matter in depth with
counsel for the library. The Library would appreciate hearing back from the Village on or
about the Library's first meeting in March, 1996.
Trustee Lambert removed himself for the next discussion at 7:20 p.m.
#4 DISCUSSION -FINAL PLAT FOR LAKELANDS UNIT FIVE
Director Waldock told the Board that the Final Plat for Lakeland, Unit Five includes 11
Single-family lots and 32 cluster lots. The Plan calls for extension of Wood Duck Drive,
including a bridge at the north end of the Unit and the improvement of 135th Street along
the unit's frontage. The Planning Commission and Staff recommends approval of the Final
Plat for Lakelands Unit Five, subject to the following stipulations: 1) Compliance with the
requirements of the Village Engineer; 2) Compliance with provisions of the Plainfield Fire
District; 3) Construction of the bridge separating Unit Four from Unit Five must be
constructed with Unit Five improvements; 4) Submit Letters of Credit in a form and amount
as approved by the Village.
The Board had a lengthy discussion with Developer Gerry Clark regarding concerns of the
. quality of streets in the subdivision.
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 5, 1996
PAGE THREE
R. Rock moved to approve the Final Plat for Lakelands Unit Five subject to the four (4)
stipulations of the Plan Commission. Seconded by K. Stalzer. Vote by roll call. Dement,
yes; Rock, yes; Smolich, yes; Stalzer, yes. 4 yes, 0 no, 2 absent. Motion carried.
Trustee Lambert returned to the meeting at 7:45 p.m.
#6 ORDINANCE -ANNEXATION AGREEMENT FOR KELLER PROPERTY
M. Lambert moved to adopt ORDINANCE NO. 1651 AUTHORIZING THE EXECUTION OF
A ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD AND THE KELLER
FAMILY PROPERTY. Seconded by J. Dement. Vote by roll call. Dement, yes; Lambert,
yes; Rack, no; Smolich, yes; Stalzer, yes; Peterson, yes. 5 yes, 1 no, 1 absent. Motion
carried.
#7 ORDINANCE -ANNEXATION OF KELLER PROPERTY
M. Lambert moved to adopt ORDINANCE NO. 1652 ANNEXING PROPERTY OWNED BY
THE KELLER FAMILY. Seconded by J. Dement. Vote by roll call. Dement, yes; Lambert,
yes; Rock, no; Smolich, yes; Stalzer, yes. 4 yes, 1 no. 1 absent. Motion carried.
#8 .ORDINANCE -REZONING OF KELLER PROPERTY
R. Smolich moved to adopt ORDINANCE NO. 1653 REZONING OF PROPERTY OWNED
BY THE KELLER FAMILY TO B-3 COMMUNITY SHOPPING CENTER DISTRICT. Seconded
by K. Stalzer. Vote by roll call. Dement, yes; Lambert, yes; Rack, no; Smolich, yes; Stalzer,
yes. 4 yes, 1 no, 1 absent. Motion carried.
#9 ORDINANCE -AMENDING PENALTY PROVISIONS FOR VIOLATION OF
THE CODE OF ORDINANCES
J. Dement moved to adopt ORDINANCE NO. 1654 AMENDING THE PENALTY
PROVISIONS FOR VIOLATION OF THE CODE OF ORDINANCES OF THE VILLAGE OF
PLAINFIELD. Seconded by R. Rock. Vote by roll call. Dement, yes; Lambert, yes; Rock,
yes; Smolich, yes; Stalzer, yes. 5 yes, 0 no, 1 absent. Motion carried.
#10 DISCUSSION -WATER SAMPLING INCENTIVE PROGRAM
Allen Persons from the Water Department told the Board that during the past year the Water
Department Staff has had some difficulty continuing our current water sampling program
because same residents feel that the collection of the needed water sample is an
inconvenience. As you are aware, the IEPA's current regulation qualify only a limited
number of homes in the Village as sampling sites. For these reasons, Staff is suggesting that
• PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 5, 1996
PAGE FOUR
the Village offer a $5 coupon to each resident for the collection of each water sample.
Restrictions on the coupon would have to be signed by Administrator or Superintendent, be
dated and stamped, each resident would be limited to receiving only three (3) in one
quarter.
R. Rock moved to direct the Village Attorney to draft an Ordinance that would allow us to
continue with the $5 coupon program. Seconded by J. Dement. Vote by roll call. Dement,
yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 5 yes, 0 no, 1 absent. Motion
carried.
#11 DISCUSSION -AMENDMENT TO RESTRICTIONS PLAINFIELD PLAZA
Director Waldock told the Board that the Village is in receipt of a letter from Attorney Bruce
M. Konzelman, who represents John Bays. Mr. Konzelman seeks an amendment to
protective covenants conditions and restrictions applicable to the North Plaza building
owned by John Bays. The request seeks to expand the permitted number of seats allowed
within carry out facilities as specified in the covenants and conditions associated with the
subject site. Presently, the covenants and restrictions restrict uses at the plaza as follows:
"No part of the Bays partial shall be occupied or used for the purposes of:
a) a sit down restaurant, accept at a carry out facility or facilities which seats no mare than
20 persons shall be permitted; The requested amendment would increase the number of
permitted seats in a carry out facility to no more than 50 persons.
Staff's conclusion is that the request fails to satisfy the first two findings - 1) The request will
not pose a negative impact on adjoining single family residential properties; 2) Adequate
parking must be available to accommodate the expanded land use within the north plaza
building. It is anticipated that the expansion of the carry out facilities within the north plaza
building will not be supported by adjoining residential owners. These owners have
expressed opposition to establishment of a bakery use in the building within the last couple
of years, and they have been sensitive to the land use activities in the building. Parking
complaints have been received from business operations in the Plaza. The expansion of a
use that would increase demand for parking may provide a negative impact an adjoining
businesses, unless more parking can be constructed. Secondly, parking regulations of the
Zoning Ordinance require the provision of adequate parking to satisfy the current parking
regulations when land uses within the shopping center are increased in intensity. Currently,
parking is not adequate to meet the standards of the Zoning Ordinance. Therefore, in order
to meet the current parking standards far the north plaza building additional parking would
need to be constructed. For these reasons, Staff cannot support the requested amendments
to the covenants for the north plaza building owned by John Bays.
•
PLAINFIELD VILLAGE BOARD OF TRUSTEES
• FEBRUARY 5, 199b
PAGE FIVE
Staff recommends that no modification be made with regard to the covenants presently in
place at the north plaza building owned by John Bays in the 100 block of Division Street.
A lengthy discussion took place between the Trustees, )ohn Bay, owner of the Plaza, and
his attorney, Mr. Bruce Konzelman. Many of the trustees had concerns on the parking and
the protection of the homeowners behind the Plaza's property rights.
K. Stalzer moved to allow the increase from 20 seats to 50 seats for the Amendment to Use
Restrictions for John Bays North Plaza Building. Seconded R. Smolich. Vote by roll call.
Dement, no; Lambert, no; Rock, no; Smolich, yes; Stalzer, yes. 4 no, 2 yes, 1 absent.
Request denied.
#12 DIS ,USSION -UTILITY TAX
R. Rock moved to Repeal the Utility Tax. Seconded by J. Dement. President Peterson and
Trustee Stalzer expressed surprise that members of the Board would take advantage of the
absence of Trustee Jack Heimerdinger to pass a motion authorizing the Village Attorney to
create an ordinance repealing the four percent utility tax that takes effect this month.
President Peterson stated he would veto any successful vote to rescind the tax. Vote by roll
call.
K. Stalzer moved to table the motion. Seconded by R. Smolich. Vote by roll call. Dement,
na; Lambert, no; Rock, no; Smolich, yes; Stalzer, yes. 3 na, 2 yes, 1 absent. Motion failed.
President Peterson called the question. Roll call vote on motion to authorize the Village
attorney to create an ordinance to repeal the utility tax. Dement, yes; Lambert, yes; Rock,
yes; Smolich, no; Stalzer, no. 3 yes, 2 no. Motion carried.
ADMINISTRATOR'S REPORT
Administrator McDonald spoke briefly on the addition of one (1) more license far scavenger
or garbage collection in the Village. Presently, we have six (6) licenses in force at this time,
and Midwest Environmental Waste Services has requested an additional license for
collection in our community for commercial properties only.
K. Stalzer moved to direct the attorney to prepare an Ordinance to allow seven (7) licenses
far scavenger or garbage collection in the Village. Seconded by J. Dement. Vote by roll
call. Dement, yes; Lambert, yes; Rock, yes; Smolich, Stalzer, yes. 5 yes, 0 no, 1 absent.
Motion carried.
•
PLAINFIELD VILLAGE BOARD OF TRUSTEES
~.-~ FEBRUARY 5, 1996
PAGE SIX
Administrator McDonald told the Board about a cahis communitd fwould be merest d
Bolingbrook concerning Lake Michigan Water and if t Y
in discussing that with Bolingbrook and Citizensaketil~ ch o ~pWater wh chrwas prese d
board members talked about the discussion on L g
about 1 year ago. There was a substantial incr eaciti enseweren ots nterested atoall.t The
customers and the overall response was that th
consensus of the Trustees was to gather additional information from all resources.
Administrator McDonald advised the Board that on February 21, 22 and 23rd he would be
attending a conference for the ILCMA in ~e~ria, Illinois.
ENGINEER'S REPORT
Engineer Hamilton spoke to the Board regarding a road survey program and that they would
be surveying each street in March with the Street Departm cation ndl fopmed the Bloard
the four (4) STP Grant Applications and one (1) BURP App
that they have been appropriately filed. Water and Sewer audits have been completed with
the help of the Department. Superintendent Countryman made a brief comment to the
Board on costs of acquiring Lake Michigan water.
"' PLANNER'S REPORT
Director Waldock spoke regarding a request received from Paul j. Fay in an interest in
operating anewsstand/bakery at the location of 523 West Lockport Street. At this time he
would be bringing in the bakery goods for retail sale. Mr. Fay has also hoped that this
approval would include the actual preparation and baking of the goods and treat such as a
food service establishment. The subject site is presently zoned B-5, Traditional Business
District. Bakeries are not specificall t tion of the Zon ng Ordinanceuunder Paragraph 1'6
recommending approval of the interpr
of the permitted use Section in the B-5 District that would indicate that the bakery is a
permissible use in the B-5 Zoning District.
M. Lambert moved to concur with Staff for including Retail Bakeries as permitted uses in
accordance with Section 9-114 Paragraph 16 Section of B-5 Traditional Business District.
Seconded by J. Dement. At this time, Trustee Stalzer commented that he feels that every
time we turn around, Director Waldock needs to make a decision as to whether the use will
be conforming in the Zoning Ordinance. Trustee Lambert spoke in favor of the Zoning
Ordinance. Vote by roll call. Dement, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer,
yes. 5 yes, 0 no, 1 absent. Motion carried.
Director Waldock next spoke regarding a request from Lakewood Nursing and Rehabilitation
Center for a six month extension for the time to begin construction of the addition.
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 5, 199b
PAGE SEVEN
). Dement moved to approve a request from Lakewood Nursing and Rehabilitation Center
located at 1112 North Eastern Avenue for a six month extension to begin construction of
the addition. Seconded by M. Lambert. Vote by roll call. Dement, yes; Lambert, yes; Rock,
yes; Smolich, yes; 5talzer, yes. 5 yes, 0 no, 1 absent. Motion carried.
Director Waldock explained that he received a letter from the Plainfield Area Chamber of
Commerce in which they feel that should be more directional signs along our area highways
and state routes directing people to Plainfield. The Chamber requests that the Village of
Plainfield ask IDOT to put up a Plainfield exit sign on I-55 at Route 30. The Village Board
gave their support to the Chamber.
Director Waldock questioned the Board as to their interest. in continuing advertising in the
PACC Directory. The Board had no objections, and Staff will renew the ad. The Board also
gave their consent and approval to participation in the Plainfield Area Chamber of
Commerce Community Expo '9b held on Saturday, April 20, 199b, and named Director
Waldock as coordinator.
Director Waldock spoke regarding a Boundary Agreement with the City of Naperville. We
have received and will be processing soon an Annexation Agreement Application for
Wiseman Hughes which involves the Tyner property along Route 59 north of 119th Street.
This property extends north of the boundary agreement line with Naperville. We have been
in contact with the City of Naperville and they have given me indication that there is some
reasonable ability for approval for a requested revision of the boundary agreement. There
is some engineering reasons that they tend to support a release of some of their territory to
the Village of Plainfield. The Growth Management Committee has discussed this issue and
is suggesting that the boundary agreement with Naperville be revised to a point roughly a
quarter of a mile south of 111th Street extending to within a quarter of a mile of the E. J.
& E. tracks at which point it would be directed south to the north property line of the
Capital Property Trust site. The City of Naperville and the City of Aurora have a boundary
agreement at the E. 1. & E. Tracks, and this precludes them from passing to the west and
then south of the existing boundary or the proposed boundary lines. The City of Naperville
also has an agreement with Bolingbrook at the DuPage River.
K. 5talzer directs the Village President to forward a letter to Mayor Pradal of the City of
Naperville changing the 115th Street Boundary Agreement to the aforementioned parcels
far another 20 years. Seconded by M. Lambert. Vote by roll call. Dement, yes; Lambert,
yes; Rock, yes; Smolich, yes; 5talzer, yes. 5 yes, 0 no, 1 absent. Motion carried.
PLAINFIELD VILLAGE BOARD OF TRUSTEES
FEBRUARY 5, 1996
PAGE EIGHT
POLICE CHIEF'S REPORT
Chief Bennett informed the Board that he has received a letter from Sigurd Hjemvick
addressed to Honorable John Peterson and the Village Board resigning his position as
Chairman of the Plainfield Palice Commission effective today, February 5, 1996.
President Peterson thanked Sigurd Hjemvick for a job well done. He then recommended
Thomas Fitzgerald as a member of the Palice Commission. Chief Bennett told the Board
that he had a Resume from Thomas Fitzgerald and it is scheduled to go to the Public Safety
Committee at their next meeting, and we will bring back their recommendation at the next
Baard Meeting.
M. Lambert moved to go into Executive Session on Land Acquisition to reconvene, and on
personnel, not to reconvene, after a five minute break. Seconded by R. Smolich. Vote by
roll call. Dement, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 5 yes, 0 no, 1
absent. Motion carried.
9:45 p.m. Adjourned to Executive Session.
10:37 p.m. Reconvene the regular meeting. J. Heimerdinger was absent, all other Trustees
were present.
R. Smolich moved to have the President execute a real estate sales contract with )II Trucking
Company in the amount of $455,000 with terms as set forth. Seconded by J. Dement. Vote
by roll call. Dement, yes; Lambert, yes; Rock, yes; Smolich, yes; Stalzer, yes. 5 yes, 0 no,
1 absent. Motion carried.
M. Lambert moved to adjourn the meeting. Seconded by K. Stalzer. Voice vote. 5 yes, 0
no, 1 absent. Motion carried.
10:40 p.m. Meeting adjourned.
f~
SUSAN JANIK, ILLAGE CLERK
C~