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HomeMy Public PortalAbout10.21.96 VB MinutesPLAINFIELD VILLAGE BOARD OF TRUSTEES VILLAGE MEETING DATE: MONDAY, OCTOBER 21, 1996 AT: VILLAGE HALL BOARD PRESENT: J. PETERSON, D. ROCK, J. DEMENT, R. SMOLICH, K. STALZER, J. HEIMERDINGER. OTHERS PRESENT: SUE JANIK -CLERK P. MCDONALD -ADMINISTRATOR J. HARVEY -ATTORNEY H. HAMILTON -ENGINEER P. WALDOCK -DIRECTOR OF DEVELOPMENT D. BENNETT -CHIEF OF POLICE At 7:00 p.m. President Peterson called the meeting to order. Roll call was taken, all were present, and he then led the pledge to the flag. Public comments: Jim Goodson spoke regazding the President's comments in the Enterprise which contained . articles regarding the pazking on Illinois Street. J. Heimerdinger brought the Board up to date on the Rookery Nature Park. There is now a Preliminary Action Plan on steps that need to be taken for this to become a park. The community support for the project continues to increase. Plainfield Township Boazd passed a resolution in support of the Pazk. There will be more reports on progress. D. Rock addressed J. Heimerdinger on attendance at the park during season. K. Stalzer also spoke regarding the action plan. He would like to ask the Staff to look into a land swap proposal with the Forest Preserve District for this particular piece of property. J. Heimerdinger said that this idea could be brought up with the Forest Preserve. J. Dement commented that he is under no assumption that the Village will be buying this property. J. Heimerdinger moved to approve the agenda. Seconded by J. Dement. Voice vote. 5 yes, 0 no. J. Dement moved to approve the Consent Agenda to include the following: Minutes of Public Workshop, September 16, 1996; Minutes of Growth Management Workshop, October 7, 1996; Minutes of Planning & Development Workshop, October 9, 1996 (K. Stalzer's name was added to the attendance at the meeting); Minutes of Economic Development Workshop, October 9, 1996; Minutes of Regular Meeting, October 7, 1996; Letter of Credit Reductions for Vintage Harvest 3 & 4; Pay Request #2 for Fiala Paving/1996 Street Maintenance in the amount of $26,169.$9. Seconded by J. Heimerdinger. Vote by roll call. Stalzer, yes; Smolich, yes; Rock, yes; Heimerdinger, yes; Dement, yes. 5 yes, 0 no. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES OCTOBER 21,1996 PAGE TWO #3 DISCUSSION -BILL JACOBS ECONOMIC INCENTIVES Planner Durbin stated that Bill Jacobs is seeking economic incentives to assist with and encourage the expansion of the existing facility. The proposed expansion would be a major investment in the corridor and would provide a synergy that may lead to further improvements in the corridor. The expansion would lead to additional jobs and other economic improvements. The incentives discussed would provide no net loss of any current Village revenues and would only lead to increased revenues. Jake Jakovich from Bill Jacobs was present and told the Board that they are in favor of the proposal, it is very fair and they are ready to go forward. The Plan was to abate a portion of the sales tax revenue over the base far a number of years. J. Heimerdinger moved that we instruct the Village Attorney to prepare an agreement that has application for more than one business, that working with Mr. Jacobs and his attorney creates an Economic Incentive package that along the lines of establishing a base of sales tax revenue, • reducing taxes paid above that base by 10% over a 10 year period. K. Stalzer would like to get a ~ recapture agreement in there, if Bill Jacobs takes a walk in five years. J. Heimerdinger then proceeded to add to his motion -- that this Economic package is not transferable and if a business closes that the rebated taxes would have to be paid. Seconded by K. Stalzer. Vote by roll call. Stalzer, yes; Smolich, yes; Rock, no; Heimerdinger, yes; Dement, no; Peterson, yes. 4 yes, 2 no, 0 absent. Motion carries. #4 DISCUSSION AND CONSIDERATION BFI RATE INCREASE Administrator McDonald talked about the Solid Waste Agreement between the Village of Plainfield and BFI, and one annual price adjustment is allowed for the collection and disposal of Village Solid Waste. Due to the recent flood in the immediate area, they have delayed addressing this issue until now. BFI bases annual rate increase on two factors: Landfill Tipping Fee Increases and CPI Increases. The current price far solid waste, recycling and yardwaste: $7.58 and the proposed 199G-97 Rate is $7.96. R. Smolich moved to concur with the Village Administrator report for the increase of rates for BFI in an amount not to exceed 5%. Seconded by K. Stalzer. Vote by roll call. Stalzer, yes; Smolich, yes; Rock, yes; Heimerdinger, yes; Dement, yes. S yes, 0 no. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES OCTOBER 21,1996 PAGE THREE #5 DISCUSSION - MARYBROOK 10 UNIT SPR Planner Durbin stated that the applicant, MCT, Inc. William Borgo, is proposing to construct a ten unit apartment building on two lots in Marybrook Subdivision fronting on Rt. 59. The subject lots are currently vacant and are served by one existing curbcut on Rt. 59 at the intersection of lot 6 and 7. Property to the north is vacant and is zoned R-1. Property to the west and south is currently zoned R-4 and developed with 4 and 5 unit townhouse buildings. Staff and the Plan Commission recommend approval of the Site Plan for the Marybrook 10 unit apartment building subject to the following stipulaltions: 1) Compliance with the requirements of the Village Engineer; 2) Compliance with the provisions of the Plainfield Fire Protection District; 3) The wall. mounted light fixtures may not direct any glare on adjacent properties; 4) Approval of and compliance with the IDOT access permit and IDOT requirements; 5) Relocate the trash enclosure to the west end of the park. The Board had further discussions with the applicant, MCT-William Borgo with regard to issues of renters, cost of rent and other miscellaneous items. D. Rock moved to approve the Site Plan for the Marybrook 10 unit apartment building subject to the 5 stipulations recommended by the Plan Commission, along with two additional stipulations: d) Water main relocation and also; 7) Compliance with the requests of the Village Attorney regazding the re-establishment of the easements for the water lines. Planner Durbin stated that the last two additions are covered in the Engineer's letter. Seconded by R. Smolich with the 7 stipulations, the other two being the water main and compliance with the Village Attorney for the re-establishment of the water easement. Vote by roll call. Stalzer, yes; Smolich, yes; Rock, yes; Heimerdinger, yes; Dement, yes. S yes, 0 no. Motion carried. #6 DISCUSSION -POOL VARIANCE FOR 809 DESPLAINES Director Waldock spoke regarding a request received from Mr. Hambly telling the Board that he wants to construct an indoor pool adjoining his house. The pool is planned for atwo-foot sepazation from the existing house. Exterior enclosure walls are planned at 4 inches from the side of the pool. An existing wooden deck will also be enclosed along with the pool. Access to and from the pool can only be made from one end. A 4 inch hand-hold is provided on two sides and a 24 inch ledge is provided between the house and the edge of the pool. No zoning variances aze requested. Staff recommends denial of a building code variance as requested by Troy Hambly, 809 N. DesPlaines St. C] PLAINFIELD VILLAGE BOARD OF TRUSTEES OCTOBER 21,1996 PAGE FOUR Mr. Hambly was present and spoke regarding his request. He believes that he has done all that is reasonably necessary to conform to Village standards and answered all of the concerns from the planning department without adding unnecessary cast of professional engineering. K. Stalzer moved to cantor with Staff and deny a building code vaziance for Troy Hambly at 809 N. DesPlaines St. Seconded by R. Smolich. Vote by roll call. Stalzer, yes; Smolich, yes; Rock, no; Heimerdinger, no; Dement, yes. 3 yes, 2 no. Motion denied. #7 .DISCUSSION - NAPERVILLE BOUNDARY AGREEMENT Director Waldock spoke regarding The City of Naperville has submitted a revised Boundary Agreement and gave a summary. The Agreement limits land, use to single family residential, school or park sites for areas affected by the boundary amendment. The parties must agree to cooperate with reasonable steps to modify, Schaal boundaries, postal service acres and Facility Planning Acres to match amended boundaries. The parties agree to cooperate in amending or establishing mutual aid agreements reflecting the new boundaries when appropriate. The Village will seek cooperation from the Fire District toward this end. The parties agreed to coordinate . development of Book Road to assure proper alignment between the two communities. Commercial and residential connection to Rt. 59 South of 111th to 1/4 mile north of 119th Street shall be coordinated to accomplish "cross access" for improved traffic movements. The parties agree to provide recapture programs far road improvements built by the other communities or developers in the other community. The parties agreed to coordinate street jurisdiction an roads that act as the boundary line of this agreement. The City of Naperville desires a public meeting to inform affected land owners of this amendment. They will host the meeting at their offices and ask us to send the notices to land owners. The Trustees questioned warding on the agreement regarding any attempt to actively oppose to rezone ftom asingle-family detached residential or school or park use, any of the pazcels of land on its side of the current boundary line, which pazcels prior to this Amendment were on the other municipality's side of the boundary line. Discussion was tabled until the Planner could present a map of the areas in the Boundary Agreement. #8 DISCUSSION -FARM STAND/SOLICITORS ORDINANCE Director Waldock spoke regazding a text amendment to the Zoning Ordinance for the Farm Stand Ordinance. The Plan Commission approved the text amendment to establish farm stand regulations with three (3) stipulations: 1) Remove the proximity limitation from the farm stand criteria, Paragraph A, 4. 2) Allow seasonal farm stand permit holders an extension of up to three (3) months far a maximum of six (b) months in a twelve (12) month period. 3) That language regarding revocation of farm stand operating permits for noncompliance of Village requirements. PLAII`IFIELD VILLAGE BOARD OF TRUSTEES OCTOBER 21,1996 PAGE FIVE The Board had discussions on the proposed Farm Stand Ordinance with regard to differences between seasonal and permission to operate yeaz round. Issues raised were can it be taken out of the hands of the Village Board and set up an Ordinance where the permits could be granted at the Village Hall without having to came before the Baazd. The initial idea was to make it mare flexible both in time and location. Chief Bennett talked about short term solicitation. Solicitors licenses aze valid for a term of registration and license of thirty (30) days. Such fee is established by ordinance at $10:00 far each thirty (30) days. This fee structure was established in 1991 and it would be timely to revisit those dollar amounts. We could address these issues and they would be different from the Farm Stand Ordinance. Director Waldock told the Board that his recommendation is to approve the Fazm Stand Ordinance based on what is included today. If this concept is something that you do not approve, I would ask that it be denied, and not go on any longer. If we are moving in the right direction, but it needs more work, we would be glad to accomplish that. J. Heimerdinger moved that we return the Farm Stand Ordinance to the Staff for clarification of the language and remove the language OPENAIR AND THAT SUGGESTS MULTIPLE APPLICATION and tighten the language to make it applicable only to Farm and Farm Produce • and Christmas Trees. R. Smolich also asked to be added to that motion a Sepazation Clause. Chief Bennett gave his opinions that the modification of the Solicitor's Ordinance is going to regulate the rugs, and other things. You have two issues here; Solicitor's Ordinance is one; and your Farm Stand is the other. For lack of second, the motion failed. K. Stalzer moved to support Chief Bennett's change in the Itinerant Merchant portion. Chief Bennett stated that all language added has been for the purpose of making the Zoning Ordinance and the Solicitor's Ordinance cohabitate. Not only are we indicating the right-of--way, but we aze also indicating that the Solicitor's is still subject to zoning requirements that regulate that type of business, that we should be able to prohibit those things that aze temporary in nature. I will then again make the motion to ask the attorney to draft the appropriate Ordinance to amend the Solicitor's, Peddlers, Hawkers, Transient Ventors, and Itinerant Merchants as outlined. Chief Bennett at this point asked that if the Board approves this, he would like to review the fee structure on the Solicitor's, K. Stalzer at this point added to his motion that we send the fee structure to Ways & Means. Seconded by J. Dement. Vote by roll call. Stalzer, yes; Smolich, yes; Rock, yes; Heimerdinger, yes; Dement, yes. 5 yes, 0 no. Motion carried. R. Smolich made a motion to concurr with J. Heimerdinger's first motion and add SEPARATION CLAUSE of one (1) mile between permanent and temporary farm stands. After a discussion between J. Heimerdinger, R. Smolich will strike that portion. He is only concerned about the permanentltemporary structures, I do not caze if they ga next store to a permanent grocery store that sells sweet corn, I just to not want these temporary/permanent structures, one right next to the other. You can strike the portion that states locating next to someone else who is selling sweet corn, so long as it is not one of these businesses that is governed under this Farm Stand PLAINFIELD VILLAGE BOARD OF TRUSTEES OCTOBER 21,1996 PAGE SIX Ordinance. J. Harvey stated that you would need to strike the or retail establishment offering simflar goads for sale. There was confusion among the Board. President Peterson suggested that we take another look at this section of the Ordinance and see what we can come up with. The motion made by R. Smolich was then seconded by J. Dement. Voice vote. 4 yes 1 no (J. Heimerdinger). Motion carried. The Planners pat up a Boandary map for the Naperville Agreement. The Trustees then continued discussion on the Agreement. There was a considerable amount of discussion on the contents of the Agreement, Page 3 Section 7 which dealt with zoning of parcels of land which lay on each side of the current boundary line. Director Waldock stated that Naperville's intent was looking to maintain single-family zoning. He also stated that we will provide a change and/or clarification of the language to meet with this Board's desire, to develop an Exhibit, identify the parcels and specify the zoning requirements. With regard to the 12 acre parcel along 24$th Street, the representative indicated that the diocese is not sure which community they prefer to develop in and have no specific plans or some advantages to both communities, with a request that we allow that parcel to go to either side of the Boundary Agreement line. Staff has no objection to that provision. The City of Naperville would seek tentative approval with revisions of the Boundary Agreement. J. Dement moved to give tentative approval to the Naperville Boundary Agreement subject to the change of language in Paragraph 7. Seconded by K. Stalzer. Vote by roll call. Stalzer, yes; Smolich, yes; Rack, yes; Heimerdinger, yes; Dement, yes. 5 yes, 0 no. Motion carried. Director Waldock asked for a clarification on the consensus of the Board's opinion with regard to the 12 acres. J. Dement moved that he would like to see the 12 acres in the Village of Plainfield, and I would not like to see that parcel negotiate between Plainfield and Naperville. Seconded by K. Stalzer. Voice vote 5 yes, 0 no. #9 DISCUSSION -PARK DISTRICT TRAILER REQUEST Planner Durbin spoke regarding a request from the Plainfield Township Park District Board of Commissioners far permission to place a house trailer at Four Seasons Park. R. Smolich moved to deny the request of the Plainfield Township Park District Board to place a house trailer at Four Seasons Park. Seconded by R. Rock. Vote by roll call. Stalzer, yes; Smolich, yes; Rock, yes; Heimerdinger, no; Dement, yes. 4 yes, 1 no. Motion carried. • • PLAINFIELD VILLAGE BOARD OF TRUSTEES OCTOBER 21,1996 PAGE SEVEN ADMINISTRATOR'SREPQRT J. Dement moved to approve the snow plow bid from Baish Excavating in the amount of $13,700. Seconded by R. Smolich. Stalzer, yes; Smolich, yes; Rock, yes; Heimerdinger, yes; Dement, yes. 5 yes, 0 no. Motion carried. Administrator McDonald told the Board that he has met with John Sheehan and have signed a lease to occupy the temporary Village Hall space for one year beginning November 1, 1994 with an option for an additional year. We are contacting space planning people to assist us in planning our affice, work space and meeting room needs. Administrator McDonald informed the board that the Great American Insurance Company has denied municipal losses in this summer's flood because the village hall, sewer plant and lilft station were in a special "AE" flood zone that is not covered. FEMA has approved most of the village government's submitted flood damage invoices of approximately $460,000, which is expected to make the village eligible fora 75 percent FEMA reimbursement. • PLANNER'S REPORT R. Rock moved to approve a permit for Jim Ostrowski of Jim's Farmstand, for the last week of November through December 24th, 1996 for the purpose of selling Christmas trees and wreaths. All structures erected will be taken down and hauled away by January 15, 1997. Seconded by J. Dement. Voice vote. 5 yes, 0 na. Motion carried. Director Waldock requested a continuation of tonight's meeting to Monday, October 28 for the purpose of considering annexation of Reibel, Pasquinellii and Wiseman-Hughes and also to consider personnel items. He also asked for a Workshop to consider permanent quarters for the Village Office at the DesPlaines and Lockport Street property. Members of the Board would not be able to be present on that date. It was requested that it all be brought forth at the regular meeting scheduled on Monday, November 4th, 1996 and that the Workshop take place before the meeting on that date at 6:00 p.m. All Board members agreed. POLICE CHIEF'S REPORT J. Heimerdinger moved to approve the execution of the Intergovernmental Agreement between Village of Plainfield and the County of Will and the Will County Sheriff's Department. Seconded by J. Dement. Vote by roll call. Stalzer, yes; Smolich, yes; Rock, yes; Heimerdinger, yes; Dement, yes. 5 yes, 0 no. Motion carried. PLAINFIELD VILLAGE BOARD OF TRUSTEES OCTOBER 21,1996 PAGE EIGHT K. Stalzer moved to approve the change in Trick or Treat hours for Thursday, October 31, 1996 to 3:30 to 7:00 p.m. Seconded by R. Smolich. Voice vote 5 yes, 0 no. Motion carried. R. Rock moved to adjourn the meeting. Seconded by K. Stalzer. Voice vote. 5 yes, 0 no. Motion carried. 9:55 P.M. Adjourned. - G2~ - SUSAN JANIK ILLAGE CLERK • •