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HomeMy Public PortalAbout12-02-2002 Village Meeting PLAINFIELD VILLAGE BOARD OF TRUSTEES VILLAGE MEETING MINUTES DATE: DECEMBER 2, 2002. AT: VILLAGE HALL BOARD PRESENT: RROCK, S.THOMSON, K.O'CONNELL, S.CALABRESE, M.COLLlNS, AND J.CHERRY BOARD ABSENT: RSWALWELL OTHERS PRESENT: S,.JANIK, CLERK; J.HARVEY, ATTORNEY; M.GARRIGAN, PLANNER; A.PERSONS; PUBLIC WORKS DIRECTOR; C.MINICK, MANAGEMENT SERVICES DIRECTOR; S.LARSON, ENGINEER; D.BENNETT, CHIEF OF POLICE; M.GIBAS, RECORDING SECRETARY; AND TL. BURGHARD, ADMINISTRATOR At 7:00 p.m. Mayor Rock called the meeting to order. Roll call was taken, Trustee Swalwell was absent, all other Trustees were present. Administrator Burghard led the pledge to the flag. There were approximately 34 persons in the audience. PRESIDENTIAL COMMENTS Chief Bennett informed the Mayor and the Board that Michael Fisher was appointed a Sergeant, and introduced Sergeant Fisher to the Board. TRUSTEE'S COMMENTS No Comments PUBLIC COMMENTS on Items Not on the Agenda No Comments BUSINESS MEETING Trustee Cherry moved to approve the Agenda. Seconded by Trustee Calabrese. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. Trustee Calabrese moved to approve the Consent Agenda to include: Minutes of the Board Meeting, November 18, 2002; Bills Paid Report for December 2, 2002; Bills Payable Report for December 2,2002; Ordinance No. 2175 variance waiving the requirement of fencing along the eastern edge of the outdoor storage for the property commonly known as 1631 N. Van Dyke Road (Chobar Towing); Ordinance No. 2176 amending the Liquor Code to increase Class F Liquor Licenses to 12 for the northwest corner of Route 59 and 119th Street commonly known as Plainfield Market Place (Buffalo Wild Wings Grill & Bar); Approval of Pay Request No.3 (Final, including Change Order Number 1) for the 143rd Street interceptor Sewer Installation in the amount of $186,853.71 to Glenbrook Excavating, Inc. Seconded by Trustee Cherry. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. #3 TAX LEVY 2002 - 2003 Trustee Calabrese moved to open a Public Hearing for discussion on the 2002 - 2003 Tax Levy. Seconded by Trustee O'Connell. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; . Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. Trustee Calabrese moved to adopt Ordinance No. 2177 for the 2002 - 2003 Tax Levy in the amount of $2,318,925. Seconded by Trustee Cherry. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. #4 VACATION OF PORTION OF FRITZ ROAD Trustee Calabrese moved to remove from the table. Seconded by Trustee Thomson. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swa Iwe II , absent. 5 yes, 0 no, 1 absent. Motion Carried. Administrator Burghard stated the he and staff met with the developer of Hidden River last week to reach a compromise. The Village will vacate the west 20 feet of the roadway commonly referred to as Fritz Road and the Hidden River Final Plat will then include a roadway dedication back to the Village for those future roadways at Lewood extended south of Fraser and for the future southern interconnection with the plan for the Streams to the east. Where required, the Hidden River developer will grade and add/move stone to east twenty (20) feet of Fritz Road to assure the temporary access for Mr. Fritz. At some time in the future when the Streams files its final plat and moves ahead, we will then look at the vacation of the east 20 feet, or if Mr. Fritz's property is sold and moves ahead in the development schedule of the Streams, we would vacate it at that portion. Mr. Burghard stated he had a conversation with Mr. Fritz and personally went over the plats, showed him where his property is, showed him what the Comprehensive Plan contained, and showed him what the Streams subdivision looked like as well as the Hidden River subdivision. Mr. Fritz indicated he understood it, however he did not specifically say he agreed or disagreed with it. Trustee O'Connell questioned if 20 feet was adequate for emergency access. Mr. Burghard responded that it was. Trustee Collins expressed his reservation about deferring this to another Board. Administrator Burghard stated the staff looked for a way to balance Mr. Fritz's need today versus the Village long-term need, it makes a future Board face the issue again. The Village will be responsible for maintaining the east 20 foot portion of that road. Trustee Calabrese moved to direct the Village Attorney to draft an Ordinance vacating a certain portion of Fritz Road. Seconded by Trustee Collins. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, no; Calabrese, yes; Collins, yes; Swa Iwe II , absent. 4 yes, 1 no, 1 absent. Motion Carried. #5 KINGS CROSSING Trustee Calabrese moved to open a Public Hearing for consideration of an Annexation Agreement for a proposed 117 single family residential unit development on approximately 57 acres located at the southwest corner of 248th Street and 12ih Street, continue the Public Hearing to December 16, 2002, and close the Public Hearing. Seconded by Trustee Collins. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. #6 THE STREAMS Mr. Garrigan, Planner, stated this property has currently been annexed, conforms with all the Village's R 1 zoning requirements with respect to lot size and lot widths, and is approximately % mile west of Route 59 and staff believes it is an appropriate request for rezoning. Administrator Burghard pointed out that staff had requested a letter stating that they are working with Com Ed to cross their 40 foot easement connecting the two units and asked the developer if that letter has been provided and if the contact person was named in the letter. Mr. Patrick Braken, attorney for the developer, responded that they do have a letter and it does provide the contact person at Com Ed and that the Board should feel confident that the developer will work has hard as possible to find a solution with Com Ed. The developer is aware that Com Ed typically assesses a fee and requires liability coverage to put a road through their easement and is willing to comply. Administrator Burghard asked if the developer understood the Village's intention with Fritz Road. Mr. Patrick Braken responded they do not disagree with the compromise but asked if the vacation of that portion that is going to be left over can be self-vacating upon the recordation of the final plat for that area. Administrator Burghard questioned the legality of that but stated the Village Attorney would look into it. Trustee Cherry asked why the developer was giving up the commercial property. Mr. Braken responded that because the property is located so far off Route 59, it does not make it a viable use. It is also completely surrounded by residential areas, so it would create an adverse impact on the existing residences. Mr. Braken requested if the Board approved the rezoning that the Ordinance be presented concurrent to the Final Plat because they are the contract purchasers for the property so if the Ordinance was adopted in advance, then they would have effectively rezoned our contract seller's property before getting the Final Plat approval. Admistrator Burghard stated the Preliminary Plat approval should have the vacation anticipated, stating he did not want the developer asking for a Final Plat without the vacation because the Board approved the Preliminary Plat without the vacation. Trustee Calabrese moved to direct the Village Attorney to draft an ordinance rezoning 17.97 acres from B-2 (General Business District) to R-1 (Low Density Single-Family Residence District) located on the south side of Fraser Road west of Route 59. Seconded by Trustee Collins. Vote by roll call. O'Connell, yes; Thomson, no; Cherry, yes; Calabrese, yes; Collins, yes; Swa Iwe II , absent. 4 yes, 1 no, 1 absent. Motion Carried. Trustee Calabrese moved to approve the Preliminary Plat for Units 2 and 3 for a proposed 232 single family residential unit development subject to the 5 stipulations listed in the staff report and the additional stipulation upon completion of the vacation of the west 20 feet of Fritz Road. Seconded by Trustee Collins. Vote by roll call. O'Connell, no; Thomson, no; Cherry, yes; Calabrese, yes; Collins, yes; Swa Iwell , absent. 3 yes, 2 no, 1 absent. Motion Carried. #7 BUFFALO WILD WINGS RESTAURANT Mr. Michael Garrigan stated the staff had some concerns in regards to parking, staff requests the elimination of an access site, and with the proposed black metal canopy seam roof. It is not consistent with the color schemes of the Kohl's Department store or the CVS Pharmacy. Staff would recommend an earth tone or bronze color. Administrator Burghard pointed out that Buffalo Wild Wings submitted a letter from the Ryan Companies stating without the 78 parking stalls, Ryan Companies would be in violation of the Declaration with the Kohl's Department store. Mr. Bob Voight, architect for the developer, addressed Trustee O'Connell's questions regarding the right out, stating the Traffic Committee suggested a right in and they have corrected drawings. Mr. Snow, owner, agreed to change the color of the metal canopy seam roof to bronze. Trustee O'Connell wanted to verify that the bar room area is less than 25% to be in compliance with the Class F Liquor License. Mr. Bob Voight stated that it is compliant. Trustee Calabrese moved to approve the site plan for a restaurant on Lot 4 of the Plainfield Market Place Retail Center located at the northwest corner of 119th Street and Route 59 subject to the 5 stipulations listed in the Staff Report and the additional stipulation to change the roof color to bronze. Seconded by Trustee Thomson. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. #8 CROSSROADS BUSINESS CENTER Trustee Calabrese moved to direct the Village Attorney to draft an Ordinance to rezone a 75 foot wide strip from I (General Industrial District) to B-3 (Community Shopping Center District) at the Crossroads Business Center located at the southeast corner of 143rd Street and Route 30. Seconded by Trustee Collins. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swa Iwe II , absent. 5 yes, 0 no, 1 absent. Motion Carried. #9 FARMSTONE RIDGE UNIT 1 Trustee Calabrese moved to open a Public Hearing for the establishment of a Special Service Area on Farmstone Ridge Unit 1. Seconded by Trustee Collins. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. Trustee Thomson moved to adopt Ordinance No. 2178 authorizing a Special Service Area for Farmstone Ridge Unit 1. Seconded by Trustee Calabrese. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. #10 IVINS ANNEXATION Mr. Garrigan explained that the applicant has petitioned to voluntarily annex and connect to Village water and sewer. Administrator Burghard stated he presumes from the subdivision configuration that they are going to connect through easements on both the east and the west of a lot to the south and wants to make it clear where the service line starts and stops and the municipal obligation for the maintenance of it. Adminstrator Burghard asked if the resident was aware of their cost and their future maintenance is always for sewer main or water main on the main street. Mr. Allen Persons stated he would make sure that information is conveyed to them as per Ordinance the service line that homeowner is responsible for, on the sewer side is from the Village's sewer main all the way to the property and inside the property, on the water side the Village's responsibility is from watermain to the shut off box and homeowner's responsibility is from that on. The shut off valve will be somewhere in the parkway adjacent to or within the Grande Park subdivision. Trustee Calabrese moved to adopt Ordinance No. 2179 annexing 26311 W. 131st Street located in the southern portion of Wheatland Plains Subdivision. Seconded by Trustee Collins. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. #11 RIVER POINT SPECIAL SERVICE AREA Trustee Calabrese moved to open a Public Hearing for the establishment of a Special Service Area on River Point. Seconded by Trustee Cherry. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swa Iwe II , absent. 5 yes, 0 no, 1 absent. Motion Carried. Trustee Calabrese moved to adopt Ordinance No. 2180 authorizing a Special Service Area for River Point located west of River Road and north of Fraser Road. Seconded by Trustee Cherry. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. ADMINISTRATOR'S REPORT No Report MANAGEMENT SERVICES DIRECTOR'S REPORT No Report ENGINEER'S REPORT No Report COMMUNITY DEVELOPMENT REPORT Mr. Garrigan stated Hidden River is seeking reapproval of the Final Plat and also requesting a waiver of the application fees. Adminstrator Burghard stated the Village had been instrumental in the delay and it is appropriate to waive the fees. Trustee Calabrese moved to reapprove the Final Plat for Hidden River and waive the fees. Seconded by Trustee Thomson. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. Mr. Garrigan explained that the Village's B-3 Zoning District does not incorporate as a permitted use, a tanning salon. The Village's Zoning Ordinance does not identify tanning salons. Trustee Calabrese moved to allow tanning salons in the B-3 Community Shopping Center District. Seconded by Trustee Collins. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swalwell, absent. 5 yes, 0 no, 1 absent. Motion Carried. PUBLIC WORKS REPORT No Report POLICE CHIEF'S REPORT No Report ATTORNEY'S REPORT No Report Mayor Rock reminded everyone of the Joint Board/Oswego Meeting on December 3, 2002, Coffee with the Mayor on December 4, 2002, the Committee of the Whole Workshop on December 9, 2002, and the next Village Board meeting on December 16, 2002. Trustee Calabrese moved to adjourn to Executive Session for the discussion of property acquisition, not to reconvene. Seconded by Trustee O'Connell. Vote by roll call. O'Connell, yes; Thomson, yes; Cherry, yes; Calabrese, yes; Collins, yes; Swa Iwe II , absent. 5 yes, 0 no, 1 absent. Motion Carried. The meeting adjourned at 8:14 p.m. ../~k) Michelle Gibas Recording Secretary Approved: ./1 J-- ./5<::':~ Susan Janik Village Clerk