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Minutes COW 1-19-2009Committee of the Whole January 19, 2009 A meeting of the Village of Lemont Committee of the Whole was held on Monday January 19, 2009 in the Board Room of the Village Hall at 418 Main Street in Lemont, Illinois. CALL TO ORDER Mayor Piazza called the meeting to order at 7:00 p.m. and acknowledged that the following were personally present for the record: Trustees Peter Coules, Ron Stapleton, Cliff Miklos, Debbie Blatzer, Jeanette Virgilio, and Brian Reaves. Also present were staff members Gary Holmes, Ben Wehmeier, Kevin Shaughnessy, Ed Buettner, Mark LaChappell,-Dan Fielding, Charity Jones, James Brown, and Steve Keenan. DISCUSSION ITEMS Discussion of Emanuel Baptist Church Rezoning and Variation Ms. Jones gave a synopsis of the case. The petitioner requests rezoning from R-4 single family residence to INT institutional, and a variation to allow a temporary structure as a classroom. Staff and the Planning and Zoning Commission recommend approval of the rezoning. Staff and the Planning and Zoning Commission do not recommend approval of the variation for the temporary structure on site. The reason to not recommend approval was the temporary building is out of character with the neighborhood and that the hardship for the variation is self-imposed by the church, not due to some unique circumstance like site topography. Pastor Meister spoke for the applicant. He stated the church requests the variation to accommodate a growing congregation. He also noted the temporary structure will not be on the site for a period longer than four years. Trustee Blatzer stated it seems impractical to allow the temporary structure on- site when there is leasable space the church could use for activities in town. Several trustees noted the neighboring property owners were unanimously against the proposal. Mayor Piazza noted a prior temporary structure for another church did not cause a negative influence and it was in a tighter space. Trustee Virgilio stated she was against the proposal because of residential concerns. Pastor Meister asked the Board if they would be willing to hold back the development of a church because of property values. Mayor Piazza then asked what the neighbors' specific concerns were. One neighbor answered he was against the proposal because (1) the church did not state a time frame to remove the structure and (2) because he has concerns about objects the church had in its back yard. The resident noted he has talked with the village about this problem since October. Pastor Meister responded to this comment, stating it is the church's intention to remove the items in the spring and replace them with a nicer temporary building. Mayor Piazza noted five votes would be required for approval because of the Planning and Zoning Commission's denial of the proposal. Trustee Stapleton stated he is against the proposal because the church did not state a pressing reason why they need the temporary structure. He also noted if the Board votes to approve the temporary structure, he fears the church will return to ask for an extension in the future. Trustee Coules noted the three potential no votes could kill the proposal. Trustee Blatzer stated she would vote no because she would not want to set a precedent. Mayor Piazza noted the Board consensus seemed to be no to allow the temporary structure. Mr. Brown asked if rezoning to institutional would be acceptable. The board replied there was no problem with the request. Trustee Coules suggested a policy statement be added to the Unified Development Ordinance that defines a temporary structure to be a building standing for a period of one year or less. Discussion of Impact Fees for the Woodlands of Lemont Subdivision Mr. Brown summarized a meeting between CM Lavoie, the Woodlands of Lemont's engineer, and himself concerning impact fees for the proposed subdivision. He noted the applicant wants to move payment of impact fees until after the Final Plat of Subdivision is recorded. Trustee Coules noted the ordinance could say a final plat is approved subject to the receipt of impact fees. Trustee Coules noted the payment makes a big difference to the bank. Mayor Piazza stated he had no objection to the policy. Trustee Blatzer asked what the difference in timing for paying the fees could be, to which Trustee Coules noted the timing could be two to three months. Trustee Stapleton noted the village should be careful with annexing the property because once the annexation is passed, it is complete. Trustee Coules noted the village could place development controls in the annexation agreement or the planned unit development ordinance if there are concerns. Trustee Reaves noted the board seemed to be switching its focus in this case and that moving payment of impact fees was a reversal of previous board policy. He also noted the board did allow a movement of paying impact fees once in the past with Montalbano [Glen Oaks subdivision]. Trustee Coules noted the board extended payments twice for Ed Mansell, and that a bank will not lend a developer money until an ordinance is passed by a municipality guaranteeing development rights. Trustee Blatzer asked if the board does grant this change, will there be more requests like it in the future. Mr. Brown replied there has not been much development lately; however, it is possible, noting the Saddlebrook subdivision as an example. The consensus for this item seemed to be that impact fees could be delayed but that some type of payment guarantee should be placed in the PUD ordinance or the annexation agreement. Discussion of Old Town Square sidewalk dedication Mr. Wehmeier summarized a proposal to grant sidewalk easements to the village. He noted that the village has a potential to accept dedicated easements on all four sides of the property. However, the proposal may have some problems with liability concerns and maintaining the sidewalks. Mr. Wehmeier asked the board for direction on whether the village should accept all four sides or only two sides. He noted the village engineer does not recommend taking the east portion of the sidewalk for now and that the village must be careful not to take too much property and own some of the building's footprint. Mr. Fielding added that snow removal cost is a major concern with the proposal, stating the village has spent $80,000 in the downtown on snow removal this year. He asked the board to consider what level of service it wants to provide for snow removal in the downtown. Trustee Coules asked who plows the parking lot behind La Dolce Vita, to which staff replied Hoppy's. Mr. Fielding noted the village contractor removes snow along the west side of the building now. Mayor Piazza noted that snow removal is usually a business owner's responsibility. Trustee Stapleton noted the village requires most condo and homeowners associations to remove snow themselves. Mayor Piazza asked whether the village removes snow in front of the Lofts building, to which Mr. Fielding replied the village removes snow around the parking garage. Mr. Wehmeier noted the village owns the land outside the footprint of the Lofts building. He also stated the village should put more of an onus on property owners to shovel their property. Trustee Virgilio asked whether the walkway along the south side of the canal was still privately owned. Mr. Wehmeier indicated that it had not been dedicated. Mayor Piazza stated the village should not begin to handle more shoveling services now and that it should begin to have more property owners shovel their own property. Trustee Coules noted he is okay with taking the west side walks but he had an issue with accepting the north side walks. Mr. Wehmeier concurred with this opinion, noting the north side walk would present landscape maintenance difficulties. Trustee Virgilio asked whether it might be possible to create a landscape easement for property owner. Mr. Wehmeier noted the village definitely wants the front sidewalk along Talcott Avenue. The consensus from the board was that the village should not increase its snow shoveling maintenance in the downtown area. Discussion of Glens of Connemara subdivision improvements Mr. Buettner summarized recent actions taken by the village to alleviate neighbor concerns about improvements in the Glens of Connemara subdivision. He noted he is comfortable with the changes made by the contractor and because the village now has a signed letter of credit that it can use to contract out the improvements if the developer does not follow up on his word to make the improvements. Discussion of the Green Lemont Initiative Mr. Brown summarized a green strategic plan that follows up on promises from the Green Lemont Initiative. He noted green strategies should somewhat inform budgetary decisions, that the police and public works departments are considering fuel efficiency in their vehicle purchasing decisions currently, and that LEDs in stop lights represent a potential cost savings opportunity for the village. Mr. Brown asked the board for guidance on how to accomplish some of the goals in the strategic document. Mayor Piazza stated the plan should be part of the decision making process so long as its objectives fit within budgetary constraints. Trustee Blatzer suggested the village work with the park district, the schools, and Girl and Boy Scout troops to continue to promote community awareness. Mr. Fielding added that public works is encouraging village residents to use rain barrels in the village newsletter. Mr. Brown noted staff has worked with schools and other non-profit organizations to promote a model rain garden but that coordination of the project takes a long time to accomplish. Mr. Wehmeier noted while the police station is not LEED certified, it does use permeable pavers in the parking lot and does have a bioswale designed on the site. Mayor Piazza noted the village can encourage green acts but the public has to take the initiative to make green actions happen. Trustee Virgilio suggested the trustees use a water cooler instead of water bottles at board meetings. Trustee Reaves noted the economy has the unfortunate side effect of making trash more cost effective currently than recycling materials for commercial entities. Discussion of the budget calendar Mr. Wehmeier reviewed the upcoming budget calendar. He noted the department heads had done an excellent job in keeping down village overhead costs. Mr. Wehmeier noted the department heads were given specific guidelines to decrease travel costs and decrease general fund expenditures in the next year. Mr. Wehmeier noted there may not be any pay increases in the next fiscal year's budget. Mayor Piazza noted the milestone is to not lay anyone off, noting the village may have to bite the bullet to achieve this objective in the coming year. Trustee Stapleton asked how often the village receives statements of sales tax revenues. Trustee Reaves replied the village will have its November 2008 sales tax numbers in February because they run three months behind. Trustee Coules noted the state legislature may begin to allow municipalities to charge a point of service tax on Internet sales during this session. Mr. Wehmeier noted staff is looking to set up a Saturday budget and strategic planning session with the board. UNFINISHED BUSINESS Mayor Piazza stated that John Serpe, the developer for the Saddlebrook subdivision, has asked for a final vote from the village board on the project. Trustees Coules, Trustee Reaves, and Mayor Piazza noted they were okay with the project. Trustee Virgilio stated her primary concern was street connections. Trustee Coules noted the board could leave the street closed forever. Trustee Blatzer asked staff to send her a copy of the last report for the subdivision. Trustee Stapleton asked how many units were on the last plat? Trustee Coules replied it was for eleven units. The subdivision will likely appear on a future Village Board agenda. NEW BUSINESS Mr. Holmes asked the board and staff whether there was any objection to him replying that the village does not object to MWRD extending its lease with lessor A-Block on Canal Bank Road. Mr. Buettner stated there have not been any recent problems with the property owner. Mayor Piazza stated the property owner has been a good neighbor lately, reducing its large sand and mulch piles. Trustee Coules asked Mr. Holmes how long the MWRD leases last to which Mr. Holmes replied one year. Trustee Stapleton asked if the village receives any sales tax from the property, to which Mayor Piazza replied no because he believed the business was wholesale products. Mr. Brown mentioned a change in the Planning and Zoning Commission's schedule from Tuesday to Wednesday nights. He also asked the board whether the village is willing to take over the detention basin for the Meadowlark subdivision. Trustee Stapleton asked whether any houses were built on the site. Staff replied the only houses on the site were owned by the developer or pre-existing. The general consensus was that the board was not comfortable having the village take over the Meadowlark detention basin. Discussion of High Road truck concerns Mr. Dave Wilks, 451 High Road, spoke about concerns he had about trash collecting along the road and the number of trucks using the road. He noted that DuPage Township maintained the road in the past and that the village needs to maintain the road better now that it has been annexed. Mr. Fielding noted the village is trying to get a federal authorization unit designation for the road to receive motor fuel tax money to fix it. Mr. Wilks noted the weight limit on High Road used to be five tons but that it had been changed by someone to a twenty-five ton load limit. He noted the Mobil trucks do not go south down High Road from the oil receiving facility at the top of the hill, but that heavy trucks from other companies do use the road. Mr. Wilks asked the village to station police officers on High Road to cite truckers who are over the weight limit driving south of the fuel depot. Mayor Piazza asked Chief Shaughnessy whether the village can limit trucks from using High Road because it is within one mile of an interstate highway interchange [I-355 and 127th Street]. He stated the village should bring Mobil and Citgo to the table and ask them to help pay for improvements along High Road. Chief Shaughnessy noted when the village starts to enforce the weight limit on the road that it would notify area trucking companies of the decision as a warning. Mr. Wilks noted that 800 trucks per day come from Citgo and 300 trucks per day come from Mobil down High Road, and that the problem involved both tankers and trucks. Mayor Piazza asked that the village coordinate its enforcement efforts with Romeoville. He also asked staff to find a definition on the point of delivery and whether the village would be able to enforce a trucking ban on High Road because it was within one mile of the interstate. Mr. Wilks asked about village maintenance efforts along the side of road, specifically a culvert near the Mobil facility. Mr. Fielding stated the village spent several hundred thousand in funds this year to get High Road and 127th Street to last through the winter. Discussion of the new police station Chief Shaughnessy reviewed recent construction progress at the police facility on 127th Street. Trustee Stapleton asked if staff had met with a furniture consultant. Mr. Wehmeier noted staff was finalizing the furniture budget for the new facility. Trustee Stapleton asked whether staff had considered used furniture. Trustee Blatzer asked if staff had considered a program that used to exist where police inmates made institutional furniture at the Stateville correctional facility. Chief Shaughnessy stated he knew of the program but that he thought its costs were decreased in the state budget in recent years. ADJOURNMENT Mayor Piazza adjourned the meeting at 8:20 PM. Minutes prepared by Steve Keenan, Community Development Intern