Village of Oswego Village President and Board of Trustees met Jan. 12.
Here is the minutes provided by the board:
Pursuant to Public Act 101-0640 and Guidance Provided by Legal Counsel, the Village of Oswego may conduct all or portions of this meeting by use of telephonic or electronic means. Instructions on public access to this meeting is available through the link within the agenda.
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
President Troy Parlier called the meeting to order at 7:04 p.m. and led the Pledge of Allegiance to the Flag of the United States of America.
ROLL CALL
Board Members Physically Present: President Troy Parlier; Trustees James Marter II and Terry Olson.
Board Members Attended Electronically: Trustees Pam Parr, Judy Sollinger and Brian Thomas. Board Members Absent: Trustee Luis Perez.
Staff Physically Present: Dan Di Santo, Village Administrator; Tina Touchette, Village Clerk; Jeff Burgner, Police Chief; Joe Renzetti, IT/GIS Director; Jenette Sturges, Community Engagement Coordinator, Marketing; and Karl Ottosen, Village Attorney.
Staff Attended Electronically: Christina Burns, Asst. Village Administrator; Jennifer Hughes, Public Works Director; Mark Horton, Finance Director; Rod Zenner, Community Development Director; Scott McMaster, Economic Development Director; Mark Runyon, Asst. Public Works Director; Steve Raasch, Facilities Manager; and Ryan Morton, Village Attorney.
RECOGNITIONS/APPOINTMENTS
E.1 Oath of Office
a. Cassie Weyenberg-Patrol Officer
Chief Burgner briefly discussed her background and who was present from her family; Officers from Plainfield attended the meeting to support her; she will be attending the academy starting next week. Police Commission Chairperson, Ron Elvin was also present. President Parlier administered the oath of office.
E.2 Employee Service Awards
a. Rod Zenner- 15 Years of Service (Community Services Department); Administrator Di Santo discussed his years of service; thank you and keep up the great work.
b. Darcy Blair- 20 Years of Service (Finance Department); She was unable to attend. Director Horton discussed her years of service.
c. Mark Runyon- 25 Years of Service (Public Works Department); Director Hughes discussed his years of service; thanked him for his service and as an example to other employees.
E.3 Planning & Zoning Commission Appointments
a) Appoint Brook Henschen for a Term to Expire October 6, 2024.
b) Appoint Jason Kapus for a Term to Expire October 6, 2023.
A motion was made by Trustee Olson and seconded by Trustee Sollinger to approve the Appointment of Brook Henschen for a Term to Expire October 6, 2024 and the Appointment of Jason Kapus for a Term to Expire October 6, 2023 to the Planning & Zoning Commission.
Aye: James Marter II Terry Olson
Pam Parr Judy Sollinger
Brian Thomas
Nay: None
Absent: Luis Perez
The motion was declared carried by an omnibus roll call vote with five (5) aye votes and zero (0) nay votes.
E.4 Appoint Mahoney, Silverman and Cross, LLC as the Village Ethics Advisor Effective January 12, 2021.
A motion was made by Trustee Parr and seconded by Trustee Sollinger to approve the Appointment of Mahoney, Silverman and Cross, LLC as the Village Ethics Advisor Effective January 12, 2021.
Aye: James Marter II Terry Olson
Pam Parr Judy Sollinger
Brian Thomas
Nay: None
Nay: None
Absent: Luis Perez
The motion was declared carried by an omnibus roll call vote with five (5) aye votes and zero (0) nay votes.
E.5 Proclamation- 100th Anniversary Realtor Association; President Parlier read the proclamation.
PUBLIC FORUM
Public Forum was opened at 7:22 p.m.
One comment was received via email. Email is verbatim:
I am writing to you to oppose the approval of the increase in the liquor license for the Delta Sonic location under construction on Route 34 at Kendall Point Drive. Ronald Benderson has applied for this increase to allow six video gaming stations and a redemption station on the premises. This increase in licensure requires a “pour” license from the State of Illinois which would allow alcoholic beverages to be served for consumption on the premises. Although the village staff states that it is not the intention of Delta Sonic to serve alcohol, the pour license would allow that to happen at a future date without further application, board approval or additional licensure. That sounds like a slippery slope.
I’d like to provide some history for those of you who are new to the board and some review for those of you who originally approved the Delta Sonic. A committee from the Steeplechase 55 and older community, backed by the petition signatures of 284 residents or approximately 85 % of our population, opposed the location of the Delta Sonic. Our interest in this construction was due to the fact that the Delta Sonic property would have entrances and exits on Kendall Point Drive which is the access street to our neighborhood and be less than 250 feet from our property. I am providing the text of that petition to illustrate the depth and reasons for our opposition and the proposal for an alternative.
We, the undersigned residents of Steeplechase 55 and Older Community, do hereby oppose the July 6, 2017 decision by the Planning and Zoning Commission of the Village of Oswego to approve the location of a Delta Sonic at the intersection of Route 34 and Kendall Point Drive. While we are aware that the land in question is zoned for commercial use and that Delta Sonic owns the land, we strongly feel that the existence of such a busy, multi-component establishment with multiple entrances and exits in such close proximity to our subdivision will create negative externalities such as noise, light, traffic, congestion, poor air quality and declining property values that will not be fully mitigated by the current proposal. We respectfully ask the Village Board to consider alternate sites for the Delta Sonic in a more industrial/commercial area and the placement of a business or businesses at Kendall Point and Route 34 that would be more compatible with and enhance, rather than diminish, the character of our established neighborhood.
In addition to the petition, our committee spoke at many public forums with concerns and requests for mitigations that we felt would make for a more neighborly existence. Of all of our concerns and requests, three of them were addressed by the board prior to final approval of the PUD. They were:
1. A wooden fence along the south side of the property which is now in place. We asked for a sound proofing fence but were told it was too expensive.
2. Additional landscaping at the south side of the property which is also in place.
3. A No Left Turn from Delta Sonic into Steeplechase. While signage and a corrugated surface are now in place, they come nowhere near the measures to “prevent” or “deter” a left turn, to which Delta Sonic agreed. In fact, the present layout invites a left turn. I invite you to drive by and make your own observation.
During one of the meetings we attended, we asked about the sale of alcoholic beverages at Delta Sonic. We were told that wine and beer would be sold, but no alcohol would be consumed on the premises. Now you are faced with a vote to increase the liquor license to allow exactly that.
Our experience with the village staff and the board at the time of approval of this development was difficult and, at times, contentious. In fact, at one public board meeting, a trustee said, “I don’t know why we have to listen to one person.” That one person was speaking for many. This is not what we envisioned when we started this process in 2017. I am left to wonder, “What next?”
Let me make clear that I am recalling what our committee went through 3+ years ago (and this isn’t the half of it), but today I am writing as a private citizen. I am asking you to vote no on the application to increase the liquor license for Delta Sonic to allow video gaming and the possible eventuality of on premises alcohol consumption or to table the vote and further consider the impact that one more component in an already monstrous development will have on our small, quiet, established neighborhood.
I am a citizen who believes that trust is inherent in the title and position of trustee. I want to trust you when you say that you will work on behalf of the concerns of senior citizens. As President Parlier states on the village website, “please don’t hesitate to (contact us). After all, we work for you.” I would certainly appreciate a reply and welcome your thoughts. As I am unable to virtually attend your board meeting on Tuesday, I will look for the result of your vote in the video or minutes of your meeting.
Sincerely,
Carol Latina
Carol Latina also physically attended the Board meeting and addressed the Board with the following comments: She is a resident of Steeplechase and the author of the letter that was sent via email regarding Delta Sonic; she has had communications with staff since August, but no one called to inform them of the application on tonight’s agenda; she previously requested answers to several questions regarding video gaming and serving of alcohol; she read the questions and answers; she inquired into whether the intent is for video gaming and whether they will serve liquor at a later time; she asked that the vote be tabled until it can be cleared up.
There was no one else who requested to speak. The Public Forum was closed at 7:29 p.m.
STAFF REPORTS
Director Hughes- Christmas tree pick-ups are delayed and will be picked up by the end of the week; Christmas decorations are coming down but will be going back up for Christmas in July this year.
CONSENT AGENDA
H.1 December 15, 2020 Committee of the Whole Minutes
H.2 December 15, 2020 Regular Village Board Minutes
H.3 Resolution Authorizing the Execution of a Contract with Cox Landscaping, LLC for Landscaping Maintenance Services at Multiple Locations Throughout the Village. 21-R-01 H.4 Piggy's BBQ, Spirits & Gaming
a) Ordinance Amending Title 3 Chapter 7; Decrease Class "A-1" Liquor License. 21-01 b) Ordinance Amending Title 3 Chapter 31; Decrease Class "A-1" Video Gaming License. 21-02
H.5 Ordinance Amending Title 3 Chapter 31; Decrease Class "N" Video Gaming License for Fox Valley Winery Located at 5600 U.S. Highway 34. 21-03
H.6 Resolution Authorizing Reserve at Hudson Crossing, L.L.C. to Execute Change Order #12 to the Construction Contract with H. Linden & Sons, in the Amount of $7,113.40 for the Construction of the Reserve at Hudson Crossing Public Improvements. 21-R-02
H.7 Resolution in Support of the Completion of the Fox River Connectivity & Habitat Study by the U.S. Army Corps of Engineers. 21-R-03
H.8 Approval to Extend Additional Sick Leave Benefits and Emergency FMLA Previously Authorized Under the Families First Coronavirus Relief Act Through the State of Illinois Emergency Declaration.
H.9 Resolution Ratifying a Grant of Easement Agreement for the Water Main for Speedway, 1830 Route 30. 21-R-04
A motion was made by Trustee Parr and seconded by Trustee Olson to approve the Consent Agenda; Approving the December 15, 2020 Committee of the Whole Minutes; Approving the December 15, 2020 Regular Village Board Minutes; Approving to Extend Additional Sick Leave Benefits and Emergency FMLA Previously Authorized Under the Families First Coronavirus Relief Act Through the State of Illinois Emergency Declaration; and approving the following ordinances and resolutions:
Ordinance No. 21-01; Piggy's BBQ, Spirits & Gaming; Ordinance Amending Title 3 Chapter 7; Decrease Class "A-1" Liquor License.
Ordinance No. 21-02; Piggy's BBQ, Spirits & Gaming; Ordinance Amending Title 3 Chapter 31; Decrease Class "A-1" Video Gaming License.
Ordinance No. 21-03; Ordinance Amending Title 3 Chapter 31; Decrease Class "N" Video Gaming License for Fox Valley Winery Located at 5600 U.S. Highway 34.
Resolution No. 21-R-01; Resolution Authorizing the Execution of a Contract with Cox Landscaping, LLC for Landscaping Maintenance Services at Multiple Locations Throughout the Village.
Resolution No. 21-R-02; Resolution Authorizing Reserve at Hudson Crossing, L.L.C. to Execute Change Order #12 to the Construction Contract with H. Linden & Sons, in the Amount of $7,113.40 for the Construction of the Reserve at Hudson Crossing Public Improvements. Resolution No. 21-R-03; Resolution in Support of the Completion of the Fox River Connectivity & Habitat Study by the U.S. Army Corps of Engineers.
Resolution No. 21-R-04; Resolution Ratifying a Grant of Easement Agreement for the Water Main for Speedway, 1830 Route 30.
Aye: James Marter II Terry Olson
Pam Parr Judy Sollinger
Brian Thomas
Nay: None
Absent: Luis Perez
The motion was declared carried by an omnibus roll call vote with five (5) aye votes and zero (0) nay votes.
BILL LIST
I.1 Approve Bill List Dated January 12, 2021 in the Amount of $2,855,751.57.
A motion was made by Trustee Parr and seconded by Trustee Thomas to approve the Bill List Dated January 12, 2021 in the Amount of $2,855,751.57.
Aye: James Marter II Terry Olson
Pam Parr Judy Sollinger
Brian Thomas
Nay: None
Absent: Luis Perez
The motion was declared carried by a roll call vote with five (5) aye votes and zero (0) nay votes.
OLD BUSINESS
J.1 Resolution Ratifying the Village President’s Executive Orders and Extending Declaration of Local Emergency and Disaster. Resolution No. 21-R-05
A motion was made by Trustee Olson and seconded by Trustee Thomas to approve the Resolution Ratifying the Village President’s Executive Orders and Extending Declaration of Local Emergency and Disaster.
There was no discussion.
Aye: James Marter II Terry Olson
Pam Parr Judy Sollinger
Brian Thomas
Nay: None
Absent: Luis Perez
The motion was declared carried by a roll call vote with five (5) aye votes and zero (0) nay votes.
NEW BUSINESS
K.1 Special Service Area 21-SSA-01
a) Public Hearing for Establishing Special Service Area 21-SSA-01 for Certain Properties in Block 11. President Parlier opened the public hearing at 7:34 p.m.
Administrator Di Santo noted that the dollar amount of the ordinance may need to be updated. Item needs to be continued.
b) Ordinance Establishing a Village of Oswego Special Service Area 21-SSA-01 for Certain Properties in Block 11. There was no vote on this item.
The public hearing was closed and continued at 7:35 p.m.
K.2 Delta Sonic Car Wash
a) Ordinance Amending Title 3 Chapter 7; Increase Class "B-2" Liquor License for Delta Sonic Car Wash Systems, Inc., Located at 1924 U.S. Highway 34. 21-04
b) Ordinance Amending Title 3 Chapter 31; Increase Class "B-2" Video Gaming License for Delta Sonic Car Wash Systems, Inc., Located at 1924 U.S. Highway 34. 21-05
Clerk Touchette noted that all establishments are required to obtain an on-site consumption (pour license) in order to obtain a video gaming license through the State.
A motion was made by Trustee Parr and seconded by Trustee Marter II to approve an Ordinance Amending Title 3 Chapter 7; Increase Class "B-2" Liquor License for Delta Sonic Car Wash Systems, Inc., Located at 1924 U.S. Highway 34 and approve an Ordinance Amending Title 3 Chapter 31; Increase Class "B-2" Video Gaming License for Delta Sonic Car Wash Systems, Inc., Located at 1924 U.S. Highway 34.
Aye: James Marter II Terry Olson
Pam Parr Judy Sollinger
Brian Thomas
Nay: None
Absent: Luis Perez
The motion was declared carried by a roll call vote with five (5) aye votes and zero (0) nay votes.
K.3 Open and Continue the Annexation Agreement Public Hearing for Fox Ridge Stone to the February 2, 2021 Village Board Meeting.
President Parlier opened the public hearing at 7:37 p.m.
Attorneys are still discussing; staff will follow-up.
The public hearing was closed at 7:37 p.m. and continued to the February 2, 2021 Village Board Meeting.
K.4 Open and Continue the Annexation Agreement Public Hearing for Emerson Creek to the February 2, 2021 Village Board Meeting.
President Parlier opened the public hearing at 7:37 p.m.
Attorneys are still discussing.
The public hearing was closed at 7:38 p.m. and continued to the February 2, 2021 Village Board Meeting.
K.5 Ordinance Approving an Economic Incentive Agreement by and Between the Village of Oswego, Old Second Bank and Freddie's Off the Chain Mexican Cuisine Inc. 21-06
Board and staff discussion focused on why the bank is on the agreement; bank owns the property through the trust; it is called a nominal owner. There was no further discussion.
A motion was made by Trustee Sollinger and seconded by Trustee Marter II to approve an Ordinance Approving an Economic Incentive Agreement by and Between the Village of Oswego, Old Second Bank and Freddie's Off the Chain Mexican Cuisine Inc.
Aye: James Marter II Terry Olson
Pam Parr Judy Sollinger
Brian Thomas
Nay: None
Absent: Luis Perez
The motion was declared carried by a roll call vote with five (5) aye votes and zero (0) nay votes.
TRUSTEE REPORTS
Trustee Sollinger- thank you to Public Works staff for clearing the snow.
Trustee Thomas- congrats to tonight’s staff for their years of service; congratulations to the new officers.
PRESIDENT’S REPORT
Village offices are closed on January 18, 2021. Two restaurants are now open: 113 Main and Raising Cane’s. We should have more announcements to come.
CLOSED SESSION
There was no Closed Session held.
ADJOURNMENT
A motion was made by Trustee Olson and seconded by Trustee Marter II to adjourn the meeting; upon a voice vote with all remaining members present voting aye, the meeting was adjourned at 7:42 p.m.
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