Village of New Lenox Board of Trustees met May 22.
Here are 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 7:00p.m. by Mayor Baldermann in the Council Chambers of the New Lenox Village Hall.
PLEDGE OF ALLEGIANCE
ROLL CALL
Upon Roll Call by the Clerk, the following members of the corporate authorities answered “Here” or “Present”:
Trustees Smith, Madsen, Scalise, Christopherson, Wilson, Gugliuzza and Mayor Baldermann
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 Zilinskas, Assistant Village Administrator/Community Development Director Robin Ellis, Director of Public Works Mark Brow and Attorney Chris Spesia.
SWEARING IN - Mark Hammond - Police Officer
Mayor Baldermann swore in new Police Officer Mark Hammond – Congratulations to Officer Hammond.
PROCLAMATION – Ice Blue Dynasty Special Olympics Cheer Team Mayor Baldermann, on behalf of the Village Board, congratulated the Ice Blue Dynasty Special Olympics Cheer Team for their accomplishments.
PROCLAMATION - National Gun Violence Awareness Month Mayor Baldermann, on behalf of the Village Board, proclaimed the month of May, 2023 as National Gun Violence Awareness Month.
CONSENT AGENDA
Motion to approve 5 items on the CONSENT AGENDA was made by Trustee Smith and seconded by Trustee Scalise
A - Minutes of the Regular Meeting – May 8, 2023
B - Proclamation – National Safety Month
C - Approval of Purchase – Vehicles – Police Department
D - Approval of Purchase – Filing System – Community Development Department
E - Ordinance #3058 Creating a Class B2 Liquor License – Berkot’s Super Foods
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
ORDER OF BUSINESS
Consideration for Approval of a Request for Extension of a Special Use – Curaleaf
Ms. Ellis reported Tyler Manic, attorney for Curaleaf, is requesting a 6-month extension of a Special Use for an adult use cannabis business, located at 705 and 709 East Lincoln Highway, to allow for the relocation of A.T. & T. and the build out of the dispensary tenant space. Ms. Ellis noted the building permit is ready to go and they anticipate to be open later this summer or early fall.
The petitioner had nothing to add at this time.
The Village Board had no questions at this time.
Motion to approve the request was made by Trustee Smith and seconded by Trustee Scalise
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
Consideration for Approval of Site Plan – Take 5/442 E. Lincoln Highway
Ms. Ellis reported Take-5 will be located on the southwest corner of Route 30 and Robert’s Road. Currently Hickey Memorial is located there but that building will be demolished to make room for a Take-5 Oil Change facility. There were variances granted last July for stacking spaces and landscaping but at this point Staff is recommending approval of the site plan. If you recall we recently amended the Village Code to allow up to an 8-foot-tall fence if a change in grade warranted it. In this case they will be putting an 8-foot-tall fence along their rear property line where they are adjacent to single-family homes. The building will have wall signage and there will be a monument sign near the corner. All of Staff’s comments have been addressed.
The Village Board had no comments at this time.
Motion to approve the site plan was made by Trustee Scalise and seconded by Trustee Christopherson
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
Consideration for Approval of a Setting of Surety – Take 5/442 E. Lincoln Highway
Motion to approve the setting of surety in the amount of $16,550.00 with an expiration date of May 22, 2024 was made by Trustee Scalise and seconded by Trustee Madsen.
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
Consideration of an Ordinance Granting a Variance for Fence Height – 217 Willow Lane – 1st Read
Ms. Ellis reported this property is located at the northwest corner of Willow Lane and Elm Drive. It currently has a 5 & 6-foot fence around the perimeter that goes out to the property line. The existing fence is non-conforming as is and is in need of replacement. Our ordinance requires the replacement fence to be brought into compliance with current regulations. Because it is a corner lot there are varying height restrictions. The owners went to the ZBA with a request to replace the fence as it exists today and the ZBA felt that it does not meet the criteria for granting a variance so they recommended denial. Staff worked with the petitioner and has come up with something that we feel that we can support as well as not set a precedence and that would take the fence outside of the clear site area. Ms. Ellis stated they will still need a variance for the fence to be 5-foot tall within that area, only 4-foot is allowed, as well as there is a portion along the north property line where there will be a 6-foot fence which will encroach in the front-yard setback but that property to the north sits higher so Staff feels that a taller fence is justified.
The petitioner stated that he is agreeing to the changes but is not happy about it. Trustee Smith asked how old the fence is.
The petition stated 39-years.
Trustee Smith asked why the new fence can’t just replace the old one. He said he would feel different if there had been any complaints about the existing fence. This fence has been there for that long why can’t they just replace it. If it was new construction then he understands but this fence has been there for a very long time and is not a public safety issue.
Trustee Scalise asked what prompted this to come about.
Mr. Carroll explained the petitioner is looking to replace the existing fence and because it is a new fence it opens up the door for bringing it into compliance. At the end of the day the Village Board can make the decision.
Ms. Ellis went on to explain, the purpose of the non-conforming use provisions is to allow them to enjoy that investment for a lifetime but eventually it would need to be brought into code. Staff thought this was a fair compromise.
Rick Suttle, owner of 217 Willow Lane, said part of the fence has been in place for over 40-years. He said moving the fence in 10-feet will do nothing for the visibility or does not add anything to safety. Mr. Suttle stated that his neighbor wrote a letter saying the fence does nothing to the visibility.
Mayor Baldermann state there is a reason this safety zone is set up; staff is correct in how they recommend this nonconforming use.
Ms. Ellis stated part of their thought process is right now there are no sidewalks along Elm Drive so the fence does not have as much of an impact as it might if it was a traditional right-of-way with sidewalks. If a sidewalk were put in there would be a safety issue.
Mayor Baldermann stated he understands both points of view – technically Staff has come to a good compromise but it’s the Village Board’s decision if they don’t want to go with Staff’s recommendation and allow the fence to be replaced as it permanently sits.
Trustee Smith asked Mr. Suttle if he can live with the Staff’s recommendation. Mr. Suttle he is trying to decide what to do with the fence.
Mayor Baldermann said this ordinance is up for the first read so we have to let Staff know what to bring back for second read.
Trustee Smith stated at this point he could go either way so he would like to go and look at the property and the fence.
Mayor Baldermann stated his recommendation is that the ordinance comes back for second read as presented by Staff. If the Village Board would like to go and look at the fence to help them make their decision.
The Village Board concurred.
Consideration for Approval of an Agreement for Plumbing Inspection Services – Ridge Plumbing Company, Inc.
This contract with Ridge Plumbing Company is to conduct plumbing inspections when our contracted plumbing inspector, Bob Krupske, is on vacation or takes personal time off. The inspection stipend is $60.00 per inspection, equal to Bob Krupske’s rate of pay.
No comments or questions from the Village Board.
Motion to approve the agreement was made by Trustee Smith and seconded by Trustee Scalise
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
Consideration for Approval of a Request for a Waiver of Plan Review and Permit Fees – Lincoln Way Christian Church
Enclosed in the packet is a letter from Pastor Steve Baker of Lincoln Way Christian Church requesting to waive a $3,600.00 permit fees and a $750.00 plan review deposit for interior renovations to the church. Staff has reviewed their request and has no objection to waiving the permit fees for this project, as the Village has typically waived in-house review fees for other taxing districts, churches, and non profit organizations.
Motion to approve the request was made by Trustee Smith and seconded by Trustee Christopherson
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
Consideration for Approval of a Proposal for Phase III Engineering Services – Cedar/Haven Roundabout
Mayor Baldermann reported this proposal is for Christopher Burke Engineering to provide preconstruction services, submittal reviews, construction observation, construction documentation, material testing, payment requests, post construction project closeout services, and record drawings as required for the Cedar/Haven roundabout project. The amount of the contract is $449,713.00.
Motion to approve the proposal was made by Trustee Scalise and seconded by Trustee Christopherson.
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
Consideration for Approval of Proposal for Traffic Evaluation – Sports Complex
Ms. Ellis reported this proposal from Kenig, Lindgren, O’Hare, Aboona, Inc. (KLOA) to perform an analysis of anticipated traffic and evaluate the roadway improvements necessary to accommodate traffic in the Cedar Crossings Drive area for the Sports Complex at a cost not to exceed $10,000 and will be completed within the next 4-5 weeks.
Motion to approve the proposal was made by Trustee Scalise and seconded by Trustee Smith.
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
Consideration for Approval of Proposal for Traffic Signal Warrant Study – U.S. Route 30 and Veterans Parkway
Ms. Ellis reported this proposal from Kenig, Lindgren, O’Hare, Aboona, Inc. (KLOA) is to perform a Traffic Signal Warrant Study for Route 30 and Veteran’s Parkway. As a result of this new traffic pattern and the additional traffic that will be entering the Commons to visit the proposed Children’s Museum, a traffic signal may be warranted at the intersection of U.S. Route 30 and Veterans Parkway. The cost of the Study is $8,500-$9,000, and it would be completed in six to seven weeks.
Motion to approve the proposal was made by Trustee Christopherson and seconded by Trustee Madsen.
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
Consideration of an Ordinance Amending Chapter 90 of the Municipal Code - No Parking - Elm Street from Linden Oaks to Wallace – 1st Read Mayor Baldermann reported this ordinance authorizes the installation of no parking signs along the west side of Elm Drive between Linden Oaks Lane and Wallace Street.
Mr. Carroll added this request is from the homeowner to have no parking in front of their home.
This will come back for second read.
Consideration for Approval of a Resolution #23-14 Authorizing a First Amendment to Amended and Restated Development & Cost Sharing Agreement (Vancina and Route 30 LLC)
Mayor Baldermann reported we have had a number of meetings with the owners of Pete’s Fresh Market. They have stated the delays were due to COVID and supply issues. We have come to an agreement with them that basically says they will have the core & shell drawings to the Village on or before June 30, 2023 - they will commence construction on the foundation by August 31, 2023 – they will supply drawings of interior improvements by October 31, 2023 – they will be working on the inside of the building by December 15, 2023. We are hoping that they will be open for business by December of 2024. Mayor Baldermann stated these dates are “hard” dates that we worked with the owners of Pete’s Fresh Market.
Motion to approve the resolution was made by Trustee Smith and seconded by Trustee Scalise
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
REPORTS AND COMMUNICATION FROM VILLAGE OFFICIALS
MAYOR
Mayor Baldermann announced that the new owners of Little Joe’s have decided to change the name to “Cedar Point Pizza & Pub”.
Mayor Baldermann reported that today was the first day of the Triple Play Concert Series ticket sales.
• Approval of Employee Contract – Village Administrator
Motion to approve the contract for Village Administrator, Kurt Carroll, was made by Trustee Smith and seconded by Trustee Scalise
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
• Appointment – Mark Brow – Public Works Director
Motion to appoint Mark Brow as Public Works Director was made by Trustee Madsen and seconded by Trustee Smith
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
Mr. Brow thanked the Village Board for this opportunity. • Appointment – Bryan Reiser – Fire & Police Board
Motion to appointment Bryan Reiser for the Fire & Police Board was made by Trustee Smith and seconded by Trustee Scalise
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
VILLAGE ATTORNEY
No report.
VILLAGE ADMINISTRATOR
Mr. Carroll thanked the Village Board for their support and the approval of his contract.
Mr. Carroll announced that the CN train tracks on Schoolhouse Road will be repaired so the road will be closed from June 3rd and June 9th.
PAYROLL & DISBURSEMENTS
Trustee Madsen made the motion to approve our bi-monthly disbursements in the amount of $1,418,542.39 a manual disbursement in the amount of $32,500.00 and a manual disbursement in the amount of $82,500.00. In addition to these disbursements, approval is needed for a payroll in the amount of $436,744.53 paid on May 19, 2023.
Trustee Scalise seconded the motion.
Upon roll call, the vote was:
AYES: 7 Trustees Smith, Scalise, Gugliuzza, Wilson, Christopherson, Madsen and Mayor Baldermann
ABSTAIN: 0
NAYS: 0
ABSENT: 0
The motion carried.
QUESTIONS AND/OR COMMENTS FROM THE FLOOR Bill Walter, Grandview Drive, commended the Village Board on their choice of plumbing inspector.
Marco Scalise asked the Village Board when the Thornton’s Gas Station will be built on Route 30 and Veteran’s Parkway.
Ms. Ellis reported their permit is ready to go and we are hoping that they start construction in the next month.
TRUSTEE COMMENTS
Trustee Smith
Trustee Smith asked our residents to be safe and watch for children. Trustee Madsen
Trustee Madsen wished everyone a safe and enjoyable Memorial Day.
Trustee Christopherson
Trustee Christopherson commented that she is looking forward to our summer events in the Commons.
Trustee Gugliuzza
Trustee Gugliuzza commented that she is looking forward to the summer as Trustee and supporting New Lenox.
Trustee Wilson
Trustee Wilson congratulated Mr. Carroll and Mr. Brow.
Trustee Scalise
Trustee Scalise congratulated Mr. Carroll and Mr. Brow.
Trustee Scalise commented that she is looking forward to our summer events in the Commons.
EXECUTIVE SESSION
None.
ADJOURNMENT
Motion to adjourn the meeting made by Trustee Smith and seconded by Trustee Scalise. Upon voice vote, the motion carried. The Regular Meeting of the Village of New Lenox Board of Trustees held on May 22, 2023 adjourned at 8:01pm.
https://www.newlenox.net/files/documents/VillageBoardofTrusteesMinutes05-22-23044708061323PM1487.pdf
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