Village of New Lenox Board of Trustees met March 27.
Here is the minutes provided by the Board:
CALL TO ORDER
The Regular Meeting of the New Lenox Village Board of Trustees was called to order at 7:01 p.m. by Mayor Baldermann in the Council Chambers of the New Lenox Village Hall.
ROLL CALL
Upon Roll Call by the Clerk, the following members of the corporate authorities answered “Here” or “Present”:
Trustees Smith, Finnegan, Butterfield, Johnson and Mayor Baldermann
Absent - Trustee Bowden and Trustee Madsen
QUORUM
There being a sufficient number of members of the corporate authorities in attendance to constitute a quorum, the meeting was declared in order.
OTHER OFFICIALS IN ATTENDANCE
Also in attendance were the Village Administrator Kurt Carroll, Village Clerk Laura Ruhl, Community Development Director/Assistant Administrator Robin Ellis, Public Works Director Brian Williams, Building and Zoning Administrator Warren Rendleman, Village Engineer Will Nash, Finance Director Kim Auchstetter and Attorney Michael Stiff.
PUBLIC HEARING – Annexation Agreement – Ridgeway Petroleum, Inc Mayor Baldermann opened the public hearing at 7:02pm. At that time, the Village Clerk, Laura Ruhl, provided proof of notice and swore in any speakers.
Ms. Ellis reported this is an annexation agreement relating to just over 4-acres on the northwest corner of Cedar and Laraway Roads. The site is in the process of being sold to Ridgeway Petroleum who desires to construct a gas station, convenient store and car wash on the property. The property is adjacent to the Village Station project and is contiguous to the Village’s corporate limits. The request is to rezone the property to the C-3 District. This use would be in conformance with the Comprehensive Plan. The petitioner is requesting a few deviations from the C-3 underline zoning.
1) The first relates to the height of the car wash building, they are proposing and increase from 15-feet to 24-feet to contain all of the car wash equipment. Staff has no objection to that request.
2) They are requesting a wall sign be permitted, provided it complies with the maximum area allowed under the zoning district Staff is agreeable.
3) They are proposing two stacking lanes along the north property line so they would like menu boards at both of those. The first deviation would allow two vs one and the second is they are requesting they be slightly taller than what is allowed. Staff feels they should comply with the maximum sign height but will work with them through the site plan process to bring that into conformance.
Ms. Ellis went on to report the utilities are feasible to the property. Public Works has some comments to the routing and the extension of the utilities so Staff will work with the petitioner to get that language incorporated into the revised agreement. The Plan Commission held the public hearing on the annexation and rezoning requests and are recommending approval.
The petitioner had nothing to add.
Trustee Smith asked what height is Fullers Car Wash.
Ms. Ellis stated since Fuller’s Car Wash is the primary structure and use it is comparable. She will verify this.
The petitioner stated that he wanted to verify that it is just one end of the car wash has a hip room and the very peek of the hip roof is 24-feet. He said 80% of the building is down below the 15-feet.
Trustee Smith asked if Fullers has a menu board at each lane.
Ms. Ellis stated they do, along with pay boxes.
Trustee Smith stated he has no issues. He would like to see consistency. Trustee Smith asked where the retention would be located.
The petitioner stated behind the building.
Trustee Butterfield asked if this is a truck stop.
The petitioner said there is not a separate commercial fueling lane. This is not a truck stop.
No more comments or questions. Mayor Baldermann closed the public hearing at closed at 7:07pm.
CONSENT AGENDA
Motion to Approve 9 items on the CONSENT AGENDA #17-08 was made by Trustee Finnegan and seconded by Trustee Johnson.
A - Minutes of the Regular Meeting – February 27, 2017
B - Ordinance #2627 Creating Class D1 Liquor License – Volver Mexican Grill – 2nd Read
D - Ordinance #2628 Repealing Chapter 62, Article IV, Economic Development Commission, of the Municipal Code of the Village of New Lenox – 2nd Read
E - Ordinance #2629 Amending Chapter 62, Article IV of the Municipal Code of the Village of New Lenox – Small Business Commission – 2nd Read
F - Ordinance #2630 Creating Class TE Liquor License – Hall of Fame Dinner – Providence Catholic High School
G - Resolution #17-03 Appointing the Southwest Agency for Risk Management and Southwest Agency for Health Management Designate and Alternate Representatives
H - Resolution #17-04 Authorizing the Execution of an Intergovernmental Agreement with Will County (Household Hazardous Waste Collection Event)
I - Approval of a Proposal – Fiscal Analysis for Comprehensive Plan – SB Friedman
J - Surety Release – Coldwell Bankers
Upon roll call, the vote was:
AYES: 5 Trustees Smith, Butterfield, Johnson Finnegan, and Mayor Baldermann
ABSTAIN: 1 Trustee Johnson – Item A
NAYS: 0
ABSENT: 2 Trustee Bowden and Trustee Madsen
The motion carried.
ITEM C WAS PULLED FROM THE CONSENT AGENDA
C - Ordinance Amending Zoning Ordinance – Gun Shops and Indoor Gun Ranges – 2nd Read Mayor Baldermann stated the Zoning Ordinance presently does not list gun shops or indoor gun ranges as a permitted or special use in any commercial or industrial zoning district. A very recent U.S. Court of Appeals decision ruled that a Chicago ordinance restricting gun ranges to only manufacturing areas was unconstitutional due to the limited land that would be able to be developed with such uses. The Court also stated that Chicago did not provide evidentiary support for placing limits on the distance a gun range can be located in relation to residential areas, schools, parks and places of worship. Therefore, in order to avoid a potential legal challenge, the Village Attorney recommended that the requirement that gun shops and indoor gun ranges be situated a minimum of 500 feet from residentially-zoned properties as well as from existing schools, parks, churches and pre-schools / day care centers should not be included in the ordinance amending the Village’s Zoning Ordinance. Mayor Baldermann agreed because there is ample area for anyone who is interested in owning a gun shop or gun range. He said he would like to pull this item from the Consent Agenda and have it re-worded and put the restriction back in place but still allows ample area for this type of business. This ordinance will come back to the Village Board for first read.
The Village Board concurred. Jennifer Kmitch, representing a group that is supportive of gun laws that are sensible.
ORDER OF BUSINESS
Consideration of an Ordinance’s Authorizing the Execution of an Annexation Agreement – Annexing Certain Territory & Rezoning Certain Newly Annexed Territory Ridgeway Petroleum Inc. – 1st Read Ms. Ellis stated these ordinances will come back for second read.
Consideration for Approval of a Contract – Lawn Maintenance – Public Works
Mr. Williams reported On March 7, 2017, the Public Works Department opened bids for the Turf Mowing and Landscape Maintenance Contract for sites under the Village’s maintenance responsibilities. A total of 4 bids were received with The Grounds Guys of New Lenox being the apparent low bidder at a yearly mowing cost of $143,320 and an optional mulch cost of $26,700 for a total annual cost of $170,020. Noga’s Landscaping was the second lowest bidder with a yearly mowing cost of $147,037 and an optional mulch cost of $25,300 for a total annual cost of $172,337. Noga’s total puts them 1.34% and within $20,000 of the lowest bidders total. Per Ordinance 2951 “Local Bidders Ordinance” Noga’s was offered the opportunity to match the low bid due to the fact that Noga’s is located within the corporate limits of the Village and The Ground Guys are not. Notification was given to Noga’s on March 15, 2017 and a reply was given back to the Village on March 16, 2017 stating they would match the lowest bidder’s price. Once Noga’s was identified as the new lowest bidder, the cost of a couple locations were negotiated bringing the yearly mowing cost to $136,215 and the optional mulch remaining the same at $25,300 for a total annual cost of $161,515. The contract is for two years with the Lawn Maintenance season running from April 1st to November 15th for both years. In addition to Public Works mowing and landscaping, Noga’s tied the lowest bid for residential and vacant lot mowing for Code Enforcement at $80 for 1⁄4 acre vacant lots and $50 for 1⁄4 acre residential lots.
Trustee Smith stated that’s it is good to see the ordinance worked.
Mayor Baldermann noted the Ground Guys are a great company.
Motion to approve the contract was made by Trustee Smith and seconded by Trustee Finnegan
Upon roll call, the vote was:
AYES: 4 Trustees Smith, Butterfield, Finnegan, and Mayor Baldermann
ABSTAIN: 1 Trustee Johnson
NAYS: 0
ABSENT: 2 Trustee Bowden and Trustee Madsen
The motion carried.
Consideration for Approval of Purchase – Leaf Vac – Public Works
This request is for the purchase of a 30-cubic yard Debris Vacuum (Leaf Vac) and accessories to be bought from Old Dominion Brush Company for the purchase price of $50,327.50. This vacuum is for Public Works Street Department and will be replacing a 2007 20-cubic yard Giant Vac with 900 hours which will be declared surplus and auctioned off at a later date.This is not a FY16/17 budgeted item, however, we do have funds available in Equipment Replacement – Heavy Duty Equipment to cover the cost of this purchase due to deferring a vehicle to next budget year and some purchased equipment being bought for favorable prices.
Motion to approve the purchase was made by Trustee Johnson and seconded by Trustee Finnegan
Upon roll call, the vote was:
AYES: 5 Trustees Smith, Butterfield, Johnson Finnegan, and Mayor Baldermann
NAYS: 0
ABSENT: 2 Trustee Bowden and Trustee Madsen
The motion carried.
Consideration of a Resolution #17-05 of a Contract for Sale of Property – 1445 Edmonds Avenue Ms. Ellis reported this resolution will authorize the contract in the amount of $40,000. From the proceeds of the sale the NLCPD is obligated to reimburse the Village all the costs associated with the subdivision as well as deferred tap-on fees that was a result of the concession stand building.
Motion to approve the resolution was made by Trustee Johnson and seconded by Trustee Butterfield
Upon roll call, the vote was:
AYES: 5 Trustees Smith, Butterfield, Johnson Finnegan, and Mayor Baldermann
NAYS: 0
ABSENT: 2 Trustee Bowden and Trustee Madsen
The motion carried.
REPORTS AND COMMUNICATION FROM VILLAGE OFFICIALS
MAYOR Mayor Baldermann thanked the residents that spoke at the meeting.
Mayor Baldermann encouraged residents to vote in the local elections.
Mayor Baldermann announced dates for the summer concerts – July 22nd and September 2nd.
VILLAGE ATTORNEY No report.
VILLAGE ADMINISTRATOR Village Clerk Laura Ruhl discussed Early Voting.
PAYROLL & DISBURSEMENTS Trustee Butterfield made the motion to approve our bi-monthly disbursements in the amount of $284,678.52. In addition to this disbursement, approval is needed for a bi- weekly payroll in the amount of $363,692.57 and a monthly payroll with the amount of $5,886.67 that were paid out on March 17, 2017.
Trustee Finnegan seconded the motion
Upon roll call, the vote was:
AYES: 5 Trustees Smith, Butterfield, Johnson Finnegan, and Mayor Baldermann NAYS: 0
ABSENT: 2 Trustee Bowden and Trustee Madsen
The motion carried.
QUESTIONS AND/OR COMMENTS FROM THE FLOOR No comments or questions from the audience.
TRUSTEE COMMENTS
Mayor Baldermann commented that he had received calls regarding the length of time of the lights at Illinois Highway and Nelson Road.
Mr. Nash stated he has called Meade Electric who does the maintenance of the lights. He will follow up.
Trustee Smith Trustee Smith encouraged residents to vote.
Trustee Smith said watch for children since it is Spring Break.
Trustee Finnegan Trustee Finnegan encouraged residents to vote.
Trustee Madsen ABSENT
Trustee Bowden ABSENT
Trustee Butterfield Trustee Butterfield encouraged residents to vote.
Trustee Johnson Trustee Johnson encouraged residents to vote
RECESS TO EXECUTIVE SESSION No Executive Session
ADJOURNMENT
Motion to adjourn the meeting made by Trustee Smith and seconded by Trustee Finnegan. Upon voice vote, the motion carried. The Regular Meeting of the Village of New Lenox Board of Trustees held on March 27, 2017 adjourned at 7:36 pm.
http://www.newlenox.net/docview.aspx?doctype=minute&docid=20273
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