HomeMy Public PortalAbout08.23.99 COW Agenda~~
Richard A. Rock
PRESIDENT
~a $
W
VILLAGE OF PLAINFI LD
WILL COUNTY'S OLDEST COMMUNITY
OP O
~.. ` 530 W. LO~
;fly,
1) . " CALL TO ORDER,
~,2.) MINUTES - r sh
THE PRESIDENT' AND BO,
D ON MONDAY, AUGUST
THE VILLAGE BOARD R
SPORT STREET, SUITE 20~
7:00 P.M.
PLEDGE
TRUSTEES
Stephen J. Calabrese
John H. Cherry
Michael Collins
Kathy O'Connell
Steven L. Rathbun
Raymond Smolich
Susan Janik
~,,, ~; ~::LLAC+E CLERK
c
D OF TRUSTEES
1999
IM
'L,,~.11NFIELD
~;.
~~
Monday, August 9, 1999 ~_
~~~/ ) GOLF COURSE COMMUNITY. At one of the prior Village Board meetings, we
,~~= 3
~~ reviewed the concept plan for the golf course community planned for our northwest.
Subsequently, the developer, Pasquinelli/Moser, reviewed the concept with the Plan
,, Commission. Because of the size, nearly 800 acres, amenities like the golf course and right-
;! of-way for the WIKADUKE, this matter requires continual review and identification of all
~''; the issues.
,I
The developer is prepared to initiate review in greater detail and focus. These properties lie
outside the current scope of our Comprehensive Plan and thus permit us a greater amount of
creative flexibility. As this project matures, it will help us salve a number of problems
'' including border closure, infrastructure, storm water control, WIKADUKE right-of--way, a
^f> municipal golf course and certain planning opportunities to manage future growth. This
°~ i project is_.extret~el~~~eompiicated"`and-involve's~-~numerQ~s.~jurtsdictions warranting the
~'< ..~ oortinued focus of our agendas. ~~~ - ,
." 4) PARK POLICY. At the last committee of the Whole, the Staff was directed to place this ~t
~~~~ ~ item on the Agenda. Some of the issues include:
~~ a) Defining "parkland". Presently, the Staff has been trying to define wet spaces as only
50% of the required open space. However, this concept needs to be codified by
'~ ordinance if that is the Board's direction.
b) What properties should be Village owned and what properties should be Park
District?
c) As we abut Naperville or Oswego, do we want to dedicate properties to those
Districts or to the Plainfield District?
530 W. LOCKPORT STREET, SUITE 206 PLAINFIELD, ILLINOIS 60544 (815) 436-7093 Fax ($15) 436-1950
d) If cash in lieu is provided by a developer, should the Village hold that money until
the appropriate District demonstrates that those funds will be expended in that
neighborhood?
e) Do we want to influence the types and amenities of parks, for instance, tot lots.
5) OSWEGO/PLAINFIELD BOUNDARY AGREEMENT. Since this time last year
discussions have been held with the Village of Oswego regarding a formal boundary
agreement. Attached is a draft of the agreement reached at the Administrator level. If this
draft is acceptable to the Board it can be scheduled for the regular meeting for adoption and
forwarded to the Village of Oswego.
b) ANY OTHER BUSINESS.
DEFERRED ITEMS
Joint Meeting with Plan Commission -Jeff Durbin
Infrastructure Maintenance Fee-Chris Minick
Economic Incentive Target Areas-Larry Vaupel
DesPlaines Street Power Lines-Terry Burghard
Wastewater Treatment'l~l~i-Allen Persons ~~~~
Downtown Competition Implementation-Jeff Durbin
Ordinance Updates -Jeff Durbin
Village President Salary -Chris Minick
Downtown Consultant Contracts - Durbin/Vaupel
Radium Compliance -Allen Fersons.
~,
Richard A. hock
PRESIDENT
• AGE 4F PLAINFIELD
~ ~• VILL
WILL COUNTY'S OLDEST COMMUNITY
To: Mayor and Board of Trustees
From: T. L. Burghard, Village Administrator
Date: August 18, 1999
Subject: Park District Policy
TRUSTEES
Stephen J. Calabrese
John H. Cherry
Michael Collins
Kathy O'Connell
Steven L. Rathbun
Raymond Smolich
Susan Janik.
VILLAGE CLERK
At the last Committee of the Whole, I was instructed to place this item on the next
available Agenda.
For background, I am including:
a) A confidential memo dated September 3, 1998 including the Draft Lease
for parks;
p) Various news clippings of recent issues;
c) A memo dated May 26, 1999•
Together these materials broadly represent the issues that have come before us.
As expressed previously, the Administrative staff will carry out whatever policy
direction it receives from the Village Boar a Dist ict,hdo think t param unt that
return to prior working relationships with th
the Village clarify the land holdings it will not relinquish.
a) The proposed golf course at the Pa thei Villa De.v This wi I be aldrevenue
complete ownership and control of 9
generator in the future and only if w is etain ownership can we provide
"discounts" to Plainfield Village redden
b) The Wallin Woods Parkland whould remainiw th the1V llagetfor obv ous
Village Hall and its control too s
planning considerations. This land u~shede neld~ight of thath o gnstanding
Agreement and should not be retinq
Board policy.
c) I suggest that we claim our interests in the Cedar Rustic site given its
historical connections to Electric Park, its immediate relationship to our
existing sewer plant and its access to the river from the west.
'.
530 W. LOCKPORT STREET, SUITE 206 •PLAINFIELD, ILLINOIS 60544 (815) 436-7093 Fax (815) 436-1950
7`
~~"'~~i, / ~!~ 11
CONFIDENTIAL
To: Mayor and Board of Trustees
From: T. L. Burghazd, Village Administrator
Date: September 3, 1998
Subject: Park District Lease
Enclosed is a draft of a basic lease prepazed by me and offered to the Park District at an
administrative meeting on September 2nd. This meeting was attended by Michelle Kelly,
Greg Batt, Trustee Stalzer and myself. Mr. Bott and I thought it appropriate to schedule
a small group discussion attempting to identify current directions and policies prior to our
Park Committee meeting with the District. This meeting will have to be "noticed" under
the Open Meeting Act, although we can go into Executive Session under "land
acquisition". No date has been set for that meeting and we are awaiting for the District's
response to the draft lease.
The Village and the Park District are headed for a serious collision. Our appazent current
policy of having parklands deeded to the Village is a distinct change from prior policy
and the current subdivision ordinance. While we have done this without formal public
hearings, all our actions have been in a public setting at official meetings and is legal.
I have scheduled as part of the September 14 Workshop, a portion of the meeting to
discuss the so-called "Joliet" dedication ordinance. You received the bulk of that
material with your agenda last week. -
The public and the press will watch diligently as each jurisdiction struggles with the issue
of ownership, i.e. CONTROL. That, is the underlying substance of the issue. Will
future residents of the Village of Plainfield have ownership and control of their
parklands? The Park District will ask, "Why do they need that?" We will respond that
continued growth in the township will override the Plainfield Village population; and
hence, control will rest outside our electoral base. This is the essential thread of the
conversation that occurred at the September 2nd meeting. All the other side issues are, in
my opinion, non-essential and spurious. If we cannot soon find a compromise that is in
the community's interest, then there will be substantial public and political fallout for
both jurisdictions.
~.
C`
The Park District has a significant referendum this fall. How will this issue and its debate
affect that referendum? We have local election next Spring. is this the kind of issue
upon which to base an election? Do other issues of this Village suffer as a consequence?
I don't have answers to such questions; I sense however, a looming battle with each side
digging in its heels and not working towards a compromise.
The lease draft is an attempt to see if compromise is in fact achievable. The Village
would retain underlying ownership; the Park District would plan and operate the
individual parks. There are numerous intermediate conditions and situations needing
work and analysis, but the principle of compromise is there.
Mr. Stalzer and I asked the District to respond to us in the next few weeks. I think they
will do so privately. If they choose to do so publicly and reject a "lease" concept, the
Board will still be in the position of having offered compromise. If they respond to us
privately and reject the "lease" concept, we can respond publicly and indicate that we
offered to compromise appearing still as the leader seeking compromise. If the District
accepts the lease concept, the Board can achieve its objective of long-term ownership and
avoid a political issue and the associated costs of maintenance and operation.
If we are not able to find a solution to the parkland issue, we will be moving to establish a
Village "Parks" Department. I cannot estimate the costs presently, because I cannot
estimate the level of service the Board desires.
Do we just cut the grass?
Shall the park be active or passive?
Who will supervise the parks?
Who will design the parks?
What is the source of revenue?
Should we have a referendum to establish a park levy?
None of these questions are without answers and clearly if the Board- determines that this
is community policy, the Staff will achieve that policy successfully. In anticipation of
this Workshop on the 14th., I will have the Staff prepare same rough estimates of cost. In
a few months we will be entering budget preparation and if this issue mandates a park
policy, it will have to be incorporated in next year's funding.
When I interviewed for this position, I stated strongly that I would stay out of "politics" if
the Board stayed out of "administration". I believe this issue with the Park District is
clearly political and as such a solution rests with all the elected officials from both
jurisdictions. I offer simply the basic observation that we are headed for a cammunity
wide collision with significant fallout that will change service levels for our residents.
_ Two major events are right around the corner, their referendum in November and our
'~ . election in the spring. How does the current issue affect those events? Should it?
Why does it?
09/02/98 WED 12:30 F.~X 815 729 4711
•
1(CKEOW;ti L?,W
LEASE
DATE OF LEASE TERM OF LEASE
BEGINNING ENDING
October 1, 1998 October 1, 1998 _ September 30, 2018
LESSEE
NAME Plainfield Township Park District
ADDRESS OF 100 W. Ottawa
PREMISES •
VILLAGE Plainfield, Illinois 60544
LESSOR
NAME
ADDRESS
VILLAGE
RENT
S 10.00
> » PC.~ItiFIELD
DRAFT
SECURITY DEPOSIT*
NQNE
Village of Plainfield
1~j002
23145 W. Lincoln Highway
Plainfield, Illinois 60544
In consideration of the mutual covenants and agreements herein stated, Lessor hereby
leases to Lessee and Lessee hereby leases from Lessor the property designated as:
(hereinafter referred to as the "Premises"),
together with the appurtenances thereto, for the above term.
1 . RENT. Lessee shall pay Lessor as rent for the Premises the sum stated above until
termination of this lease, at Lessor's address stated above ar such other address as
Lessor may designate in writing. Time of each payment is of the essence of this
agreement. The parties may renew said lease for an additional ten (10) years upon
written agreement.
2. SECURITY DEPOSIT. There shall be no security deposit required.
3. CONDITION OF PREMISES. Lessee acknowledges that the Premises are in good
repair and that na representations as to the condition or repair thereof have been made by
the Lessor, or Lessor's agent, prior to or at the execution of this lease, that are not herein
expressed.
4. LESSEE IMPROVEMENTS. Prior to the installation of any capital equipment, Lessee
shall submit to Lessor a plan and cost estimate for that equipment and its use. Lessor
may modify that plan only with the written consent of Lessee. If Lessor does not respond
with such a modification request within thirty (30) days, the initial plan as submitted by
Lessee shall be considered approved.
5. LIMITATION OF LIABILITY. The Lessor shall not be liable for any damage
occasioned by failure to keep the Premises in repair, and shall not be liable for any
damage done or occasioned by or from plumbing, gas, water, steam, or other pipes,
sewerage, or the bursting, leaking or running from any cistern, tank, washstand, water
closet or waste pipe in, above, upon or about the Premises, nor for damage occasioned
by water, snow or ice, nor for any damage arising from acts or neglect of any owners or
1
09i 02/98 WED 12:30 FAY 8,15 729 4711 .IiCKEOWV LAW -~-~-> PLAINFTELD ~ 003
occupants of adjacent or contiguous property. Further, Lessor shall bear no liability or
costs associated in any manner with the premises. Lessee shall indemnify and hold
Lessor and its employees, agents, and officers harmless from any and all liability with
respect to said Premises. Lessee shall be responsible for obtaining and keeping insurance
on the premises and shall name the Lessor as an additional insured throughout the term
and any extensions to this lease.
6. USE- SUBLET- ASSIGNMENT.. Lessee will not allow the Premises to be used for
any purpose that will increase the rate of insurance thereon, nor far any purpose other
than that hereinbefore specified, nor to be occupied, in whole or in part, by any other
person, and will not sublet the same, or any part thereof, nor assign this lease, without in
each case the Lessor's written consent had, and will not permit and transfer, by operation
of law, or the interest in the Premises acquired through this tease; and will not permit the
Premises to be used for unlawful purpose or purposes that will injure the reputation of the
same or of the neighborhood.
7. CANCELLATION PROCEDURE. Lessor cannot cancel the lease during year 1
through 15. Should Lessor cancel the lease during years 15-20, Lessor shall reimburse
Lessee for seventy-five (T5%) percent of its capital costs. If Lessor cancels the lease
during years 20-30, rt shall reimburse Lessee for fifty (50%) percent of its capital cost.
After thirty (30) years, Lessor shall not be liable far any reimbursement for capital costs.
$. FLAMMABLES. Naphtha, benzine, benzale, gasoline, benzine-varnish, gunpowder,
fireworks, nitroglycerine, phosphorus, saltpeter, nitrate of soda, camphene, spirit-gas, or
any flammable fluid or oil, shall not be allowed or used on the Premises without the
written permission of the Lessor.
9. TAXES AND UTILITIES. Lessee shall pay (in addition to the rent above specified)
all water, gas, electricity and power bills, levied or charged an ar in respect of the
Premises, tar and during the term of this lease as well as all real estate taxes, if any.
~ 0. C~MPLIANCI=. Lessee will in every respect comply with the ordinances of the
Lessor, with the rules and orders of the health officers having jurisdiction thereof, with
the orders and requirements of the Village of Plainfield Police Department, with the
requirements of any underwriters' association so as not to increase the rates of insurance
upon the premises and contents thereof.
1 1 . PAYMENT OF COSTS- CAPITAL COST Dl=F1NITION. The Lessee further covenants
and agrees to pay and discharge all reasonable costs, attorney's fees, and expenses that
shat! be made and incurred by Lessor in enforcing the covenants and agreements of this
?. lease, Annually, Lessee shall submit to Lessor the audited capital costs associated with
this lease pursuant to GAAP.
12. PLURALS- SUCCESSORS. The words "Lessor" and "Lessee" w
herever herein
occurring and used shall be construed to mean "Lessors" and "Lessees" in case more
z
0902/98 wED 12:31 F~~ 815 729 4711 .11CKEQWN LAS' -~~~ PL~I`+FIELD 1004
than one person constitutes either party to this lease and
all such persons shall be jointly
and severally liable hereon; and all the covenants and agreements herein contained shall
be binding upon, and inure to, their respective successors, heirs, executors,
administrators and assigns and be exercised by his or their attorney ar agent.
13. SEVERABILITY. If any clause, phrase, provision or portion of this lease or the
application thereof to any person or circumstance shall be invalid, or unenforceable under
applicable law, such event shall not affect, impair or render invalid or unenforceable the
remainder of this lease nor any other clause, phrase, provision or portion hereof, nor shall
it affect the application of any clause, phrase, provision or portion hereof to other persons
or circumstances.
WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated
above.
•
VILLAGE GE PLAINFIELD
BY
Village President
ATTEST:
Village Clerk
~.
r~
PLAINFIELD TQWNSHIP PARK DISTRICT
BY:
President, Board of Commissioners
ATTEST:
Secretary
3
~~( ~'I 1 ~ t ~S ' ,~ 11
~ ~y ,.mot cp n '"3 7' d ~ p ~. 'd m ~ ,'~. m
. ~ R fD "~' ~ W W ~ QQ ~b CD ~ .'Y
~co mm~°,~ro~mC°~Q,°~a.o
m~~ ~~~~
as ~..,~~~,.~~ ~~o=.•~~
fp ~ m ~t
~ 4 O. m ~ C C~ ' m ~. ~+
~,~p, ~~q~ om~ roa~,~-~''d
~ ~~ 'd~ a ~ ro ~ ~ ~ m ~'~
o~ cp ~' ~ ro o aq ~ O.
o
A7 ('p C/J ~ ~ '
'C9c~c%°~°°'0177
m .~,~~
x ~ ~ ~ ~
~ ^r7 y cs. ~ m ~' b
CD - y '~ n
dCa ~ ~ C ~
~ .~~. ~ mfg" ~ ~ ~ •
a '`' R ~ ca a ~ ~~
`~c ~~
v' 'd ~' ~
~, °'. ~ ~ coo ~
~ ~ <~D ~ cr
'•
a
•
Pale 6 The Ente rise Wednesda Jul 7 1999
Parks
continue rom page 1
of requiring developers to do-
pate the land to the village, not
the park district.
Land in the Wallin Woods
development is one example of
property affected by the recent
practice. .
"I'm glad the .village re-
tained ownership of the Wallin
Woods property," said village
trustee Kathy O'Connell.
"It's land adjacent to where
the new village. hall will be
built, creating ari extension,"
she said.
Most trustees agree with
,; O'Connell and hope to continue
to retain park land and lease it
. to the park district.
"The land should be deeded
to the village,". said trustee
Steve Rathbun.
He suggested along-term
- lease of 25 or 30 years.
That proposal doesn't sit
well with the park district. Es-
pecially disturbed is commis-
sioner Ken Smith Jr. A letter to
the editor expressing his dis-
satisfaction with the village ap-
pears an page 9 of today's En-
terprise.
"Leaving park land owner-
ship with the village means re-
visiting issues at the village
board level," states Smith's let-
ter.
"'The township park district
becomes de facto, a reporting
agency to the village," his letter
continues. `"Phis additional
burden. on: volunteer commis-
sioners is not acceptable."
A question of mistrust has
also come up.~
"I don't knowwhere the mis-
trust came from," said John
Wilson, park board president.
"The village has stopped trust-
ing us to negotiate park land
with developers, and I just
don't know where .that came
from:'
As for. O'Connell, it's not
that she distrusts the park
board.
"I think the park .district
does a wonderful job,"`she said.
`But I have been elected to rep-
resent 9,000 people, and I have
to look out far what is best for
them."
Wilson; too, is looking out
for his constituents.
"I think this could cause
complications such as avail-
ability and equality," he said.
"Say a kid from Crest Hill
wants to play tee-ball. Kids in
the village shouldn't get first
dibs aver kids in the entire
township.
"We have to represent all of. .
our constituents," ~Yilsvn said.
"There has to be equal avail-
ability for all people."
Not. everyone an the village .
board disagrees with the park..'
district's position.
"All future annexations
should be deeded to the park
district," said Flainfield village
trustee Steve Calabrese.
`The planning. staffs cari
work together," he said, ~ "and
the village and park district
will get quality land." ~ -
Though fellow trustee John
Cherry was reluctant ta. com-
ment for this story, he has spo-
ken out against village owner-
ship of parks at village. board
meetings. He said he prefers to
wait to comment ,until the vil-
lage and park boards meet to
discuss the issue.
An actual meeting has not
been planned, but' village o~-
cials hope to meet and come to
an agreement. on the issue.
Whatever the future. holds
for new Plai~eld .parks, V~il-
son wants residents to be as-
sured that. existing parks will
not be affected.
"There's a myth that they
will," he said, "but that's not
true.
"Parks in the Plainfield
Township Park District, such
as Ottawa Street, >?our Sea-
sons and the Village Green will
be untouched by this:'
•
C7
r~
Park district position
on the future of parks •
in the village of Plainfield
3uhmitted by the Plainfield Township
Park District Board oP Commissioners;
John M. Wilson Jr., President;
Michelle Kelly, Vtce President; and
>aanlel R. Bush, George Hejna end
Ken M. 8mtth, Commissioners
During the last year and a half, the Plain-
field Township Park District Board of Com-
missigners and the Village of Plainfield
Board of Trustees have had numerous dis-
cuaeiona regarding the ownership and
responsibility of future parks in the village
of Plainfield. Unfortunately, these discus-
sions have frequently resulted in etatementa
of misinformation or inaccuracy. In our
rapidly growing area, the preservation of
open space ie foremost on many residents'
minas.
The park district's role in this pre~erva-
tion effort is to secure and develop the best
passible parks. Based on our mission end
history of successfully building and main-
taining parks, wa, as the Park District
Board of Commissioners, do not believe that
a maintenance or lease agreement as sug-
gested by the Plainfield Village Hoard is in
the bast interest of park district residents.
The park district's role in the community
can ba best explained by its mission state-
ment. It is the mission of the Plainfield
Township Park District to responsibly and
effectively provide the highest quality recre-
ation facilities, leisure services and educa-
tional programs to residents of all ages with-
in the Plainfield Township Park District and
to develop new parka and facilities while
maintaining our present facilities in s safe,
accessible manner that adds positive, aes-
thetic value to the community.
It is this mission statement that guides
us and our decision-making process as we
plan, build and maintain all parks through-
out the district, The park district is commit-
ted to maintaining existing parks as wall as
developing new ones. This commitment is
currently being demonstrated in the rede-
velopment at the Ottawa Street Pool, Van
Horn Woods, Village Green, Fvur Seasons
Park and in new parks, sueh as those locat-
ed in Kendall Ridge, Mirage, Nature's
Crossing and Heritage Meadows neighbor-
hoods.
The ownership oC parks in village of
Plainfield developments has become an
issue of ongoing discussion. The park dis-
trict obtains park land in dovolopments
located in the village of Plainfield through a
village-enacted park donation ordinance.
This type of ordinance is common in Illinois
and has helped create a strong park system
in our state.
The law requires that the village must
enforce this ordinance. The ordinance deter-
mines acreage tv be set aside Far neighbor-
hood park apace and/or allows a cash dona-
tion in lieu of land. Hy negotiating pre-
annexation agreements with new subdivi-
sion developers, the village of Plainfield has
ignored the ordinance by having the donated
park land deeded to the village and by keep-
ing the donated cash. Qt is unknown how
much, if any, cash has been donated to
date.)
This is a recent change in the administra-
tion of the ordinance that has resulted in
many questions as to what body is going to
develop the new parka and maintain thorn.
All existing parks in the village of PlainCeld
which era already owned 6y the park dis•
trict will remain under tits jurisdiction of
the PlainCeld Township Park District.
We negotiate for the best park land and
will do so in any future development that is
part of the district. We strive tv serve every
park district resident equally, regardless of
the town or township a person lives in. This
will continue to be our goal.
Tho process of acquiring and developing
park land is guided 6y a series of principles
and standards from which the park board
and staff achieve the best park design to
serve all residents. These include:
• Availability of open space and develop•
meat funding to provide basic recreation
services, such as playgrounds, ball dia-
monds, soccer Cielda and adequate buffer
zones from conflicting uses.
• Adequate street frontage to insure
accessibility and security.
• Availability for use by all park district
residents regardless of status, race ar abili-
ty.
• When included as part of the park,
ponds and retention basins are to be proper-
ly designed as useful recreation Features
while long-term maintenance expanse is
minimised.
• Locations are to serve the greatest need
and resolve potential conflicts with streets
and other barriers,
• Suitable grading, turf and layouts to
facilitate low maintenance costs over the
long term.
It is the park district's desiro to serve all
of its residents by wntinuing to oporate and
maintain parks within the village of Plain-
field. Amajority of the village trustees have
indicated that the village, in addition to its
responsihilities of setting development stan-
dards and meeting infrastructure require-
ments, desires to be responsible for the own-
ership and management of park land by
leasing it to the park district. The village
board's actions have made it difficult far us
to plan new neighborhood parks in upc~m-
ing developments and current developments
such as Wallin Woods.
To date, the majority of village trustees
have not provided us with specific reasons
why they feel the village should become
involved in the park business. 'Phe park dis-
trict has a professional planning and tnaiu-
tenance staFf which has strong expertise in
the design, development and long-term
maintenance of parks. We believe the village
of Plainfield also has an excellent, well qual-
ified staff; however, their expertise is not in
park development or park management.
The district days not hvlieve that a lease
agreement is in the best interest of the com-
munity. Alease, in essence, allows the vil-
lage oversight of the parks while allowing
the park district to tnow the grass and main-
tain equipment.
It is our desire that a definitive conclu-
sion 6e reached 6y the village trustees. The
park district maintains a working policy of
exploring and entering into cooperative
agreements when and only when it is in the
best interest of the entire district to do sa.
We do not believe that a maintenance or
lease agreement, as suggested by the vil-
lage, would be in the best interest of the res-
idents of the park district.
Such an arrangement will only continue
to complicate issues and create an unneeded
level of bureaucracy. If the village trustees
determine that it is in the best interest of
the village to maintain parks, we ask them
to now develop and present a plan to village
residents as to how they will Cund and man•
age these parks inn 1'ashiou that will add to
the quality of life in our curumunity.
Democracy
"Ours is a demrxracry 6ecuusapowec is in the hands net of n minority bat of the whole people ... flare
each indiuidiiiil es interested net only in h1e awn affairs but in the affairs of the elute as well ... We dv
net say that a roan who takes no interert in politics in a men who min<fe his awn business; we say that
,~ Guest Comment
dl L....e~a.=~~sir;6:eri.;!.it'1:G~t.~ •~c.~ a ~. ~~:,. ~,: ,• 6~h-~.. ~.. s,.,: .5ai r>-:
.. .. ,. ._ .,,...-.e.~i.i~re~s. u.~e4u.~iuaa~ x.i.'~u+i~t3i!Fillef
rers ran into proo~ema
lems in adjacent Pheas-
regulations fora decel-
bdivision. Approval of a
able ere corrected.
Sch and Jon Agazzi
nterloc en, Mich: Karol
clarinet.
awarded 2$ certificates
ass. Those who received
.ie Await, Kathy Birsa,
nus, Laura Doyle, Beth
~thy Heitman, Rachele
Huumo, Melissa Ivlow,
nbert, Mandy Leonaxd,
Sharon Pochron, Jackie
on, Sherry Wallace and
:omed a new pastor, the
lotion service and coffee
University in Wichita,
in Evanston.
as a summer intern at
!gee. She also received a
ie her journalism educa-
nications at the Univer-
zeir annual fund-raising
eel barrow load. It was
uck that distributed the
nd subdivisions to find
flying lessons and a log
cr ss blaster treat-
for
xianager of a USO fund
~n King were chosen as
to conduct ahouse-to-
hip.
Christian Temperance
'wart. The next. meeting
e. It would include a pic-
19 and 20 registered far
rear-olds were subject to
uld be eligible at a later
21
it had total resources of
'and discounts totaled
is $11,600; other stocks
ures $16,000; due from
$71,000; other resources
They consisted of capital
ivided profits $4,000;
00.
•
reduced by shopping there.
If we all bought as much as
we could from him, I,think his
aisles would soon be fully
stocked again. I can easily buy
a different brand than I'm used
to, or do without one item for' a
week, couldn't you?
That is a minor inconve-
nience for a friend of the com-
munity, don't you think? Oh;
and did I mention that his
meat is the very best around?
Oh yes, and if you are need-
ing alittle friendly conversa-
tion, .including some newswor-
thy items, that is provided free
of charge., I really love shop-
ping there. Try it -you'll like
it too.
One of the reasons many of
us moved to the Plainfield area
was that small town atmo-
sphere. Let's not let one of the
best parts of small U.S.A.
decline from lack of business.
Maybe you can't for some
reason shop there exclusively.
What about that biweekly run
to the store for milk,. eggs and
bread? At Gehrke's that is eas-
ily only atwo-minute stop from
the time I pull into the lot until
I'm back in my car. In larger
stores, it takes at least 15-20
minutes to find all the items -
never mind the long. wait in
line. .
-Let's not. let the big, imper-
sonal chains push. out the hon-
est, small businessman. Sup-
port your local grocer!
Vonda Boots
Happy Shopper
Village-owned parks not .
in best interests of residents
The park district commis-
sioners have issued a policy
statement refusing, the propos-
al that the Plainfield Township
Park District lease and man-
age park lands owned by the
village.
~. The commissioners `joined
unanimously in this statement.
The purpose of this"letter is
to explain my personal feel-
ings, as a resident of the vil-
lage and as: a'park commission-
er, why such a management
arrangement does not best
serve our commun}ty.
-Park land i~. dither pur-
chased .using p'a<r~k district
funds or accepted byy'the park
district as a land dorlat~on.
Land donation's come from
developers, the state or`private
individuals (often for tax rea-
sons) or sometimes as part of
an estate. - '~
Zoning agencies (like Joliet
and the village) have develop-
ers donate to the districts to
offset the additional burden
placed on the district by new
residents of the development.
Such donations are common
for schools, parks and other
service districts.
When the village does not
require a developer to make a
donation to the park district,
the whole park district suffers.
It means that the additional
burden on the park district,
from new residents in a devel-
opment, is not compensated.
Existing "old timer" resi-
dents carry much of the bur-
den not borne by the developer.
This is unfair.
A majority of the village
trustees have indicated. that
the village intends to continue
requiring developers to make
park` land donations to the vil-
lage.
At a committee .meeting
recently, a portion of that ma-
jority also .expressed the desire
that the village manage the
land:
In general, the consensus
was that the park district
would be free to plan, negotiate
and agree on the park donation
and would manage the land on
See Letters -page 11
THE ENTERPRISE
S~ncs 1887
Published By
Enterprise Printing Co.
A Division of PerryCo, Inc.
Staff Writers
Linda Ozbolt, Herb Moering,
Gay Voss, Katie Bernard
Advertising Sales
Debbie M~Cary, Manager
Jill Speva, Amy Walter
. OFFICE MOURS: Monday - Fri-
day-8 a.m. to 5 p.m.; Satur-
day-9 a.m. to noon. Published
every Wednesday at 23145 Lin-
coln Highway, Plainfield, Illinois
60544.
`` Co-Publishers
Wayne and Beverly Perry
'~ Editor
Wayne Perry
Managing Editor
Sharon}. Peck
Sports Editor
Curt Herron
Member: Illinois Press Association
National Newspaper Association
P.O. Box 127
23145 Lincoln Highway
815-436-2431
FAX 815 436-2592
Email Entrprsel@aol.com
pEADLINES:
News-9 a.m. Monday;
Classified Ads--10 a.m. Monday;
Display Ads-5 p.m. Friday.
Subscription rates: $15 per year
within Wi(I County and 60540,
60564, 60565, .60566 zip codes;
$22 within Illinois; $30 per year
elsewhere. Single copy 50 cents.
Periodical'postage paid at Plain-
field, Illinois 60544 and additional
mailing offices.
Postmaster: Send address
changes to THE ENTERPRISE,
P.O. Box 127, PLAINFIELD, ILLI-
NOIS 60544. (ISSN i 77-160)
~~ ,
;' )
i
:1~
,'~
,;,
~,'~ i
r
','
,~
~~
' ~~''
~~~ ~
:~~
`~
;';
'~'
' ':~i
.j
i'~ ~i
'~i
~I~4
i
,,
'`
Y; .
;i
~'i
~~
,i
;i
i~
;~
;;~
'; ; ~
,~
~+
~,~
~~
•
The Enterprise, Wedne:
Letters Civil 'mar events
continued from page 9 planned ,july 1
'll
behalf of. the vi age.
So if the park district were
free to negotiate on behalf of b
the village, and to care fox the u
new park land, how does this at
affect the park district? Such a
an arrangement makes man- y
agement of new park land, in
the village very cumbersome. p,
_ One would expect the yil-- S
loge -meaning the village 3;
board - to demand a say' in
the type, schedule and budget al
for development of the village-
owned park land. n
The park district profession-
al staff would have to answer b
to its own board and try to
please the village as well:: a
As anyone knows who has C
watched our village in action,:
getting decisions to allow busi- . '
ness to proceed in an orderly t
way is a rare event. $
Leaving park land owner- c
ship with the village means
revisiting issues at the village
board level. The township park
district becomes de facto, a
reporting agency to the village.
This additional burden on
the volunteer (unpaid) park
commissioners is not accept-
able to me, and the increased
burden on professional staff
resources is not justi.f"ied.
Speaking for myself, if I
wanted to be that involved
with the village, I would have
run as a village trustee rather
.
than a park district commis-
sioner.
I read the last village elec-
ion as a clear signal that the
voters in Plainfield wanted the .
village out of the park busi-
ness. Iguess-the majority~f- `~
the board did not get the same
reading.
Ken Smith Jr.
Steve Castle, folk singer and
anjo player, will perform Sat-
rday, July 10, from 1-3 p.m.
the annual Civil War re-en-
ctment at Lyon Farm in
orkville.
Dick Anderson will portray
be Lincoln at the camp on
unday, July 11, from 1:30-
30 p.m:
The two=day event will in-
ude wagon rides, battles,
skirmishes,. drills,.a ladies can-
onball toss and fashion.show .
Lyon Farm is on Route 71
etween Oswego and Yorkville.
Admission is $4 per .day for
dolts and $2 for children 7-12.
hildren 6 and under are ad-
witted free of charge.
The event is sponsored by
he Kendall County Historical
ociety. For more information
all (630) 553-6777.
~INard o f God
The Lord is my
strength and my shield;
my heart trusts in Hitn, and
I am helped.
Psalm 28:7
OL ET - Reg
unior O e ~, _
g ~ ~~ii~.~~.ii-u= PLAINF~ELi
Plainfield Congregational Church, Route #5
To register, call (81S) 838-2174. For more info
Course Section SYN# Course Description Cre
Physical Education First time users must take a Fitness Center oriental
Hl'R 101 -D3 03362 Fitness Center 1.0
HPR 124 -O1 01600 Aerobic DancelStep
1.0
Class held at Plainfield Fire Department, i
To register, call (815) 838-2174. For more infor
Fire Science '
FSCI 110 -Fl 01395 Fire Instructor I - _ 3.0
Dr. N.c:;ina 1'ac~iucci 1
'~ ~ i
sin~tora l
Richard A. Rock
PRESIDENT
r~usT~~s
VILLAGE QF PLAINFIELD
WILL COUNTY'S OLDEST COMMUNITY
Mayor and Board of Trustees
TL B h d
Stephen J. Calabrese
John H. Cherry
Michael Collins
Kathy O'Connell
Steven L. Rathbun
Raymond Smolich
. urg ar
May 26,1999
Park District Policy
rr
Susan Janik
VILLAGE CLERK
At the Village Board meeting of May 17, 1999, I was instructed to place this
policy question on the next available Committee of the Whole Agenda. "Shall the
Village require newly annexed properties to deed parkland to the Village of
Plainfield rather than deed the parkland to the Plainfield Township Park District?
Background
Within the Village's Subdivision Ordinance there is a provision requiring
the mandatory dedication of land, or cash in lieu, for park purposes. (Chapter T,
Article 10, Section 10-16) In essence it says that the developer shall dedicate
5.5 acres for each 333 lots. This equates to 5.5 acres per 1,000 population.
There has been some discussion last year to increase this number to 7.5 acres
per 333 lots, but that question was postponed as we addressed the larger issue
of ownership. (!f we do this, so should all other jurisdictions to avoid pricing our
development out of range.).
While such an ordinance is codified, in each annexation agreement we are
able to "negotiate" with a developer and the agreement supercedes the
ordinance. In early 1998, the staff was directed by the Board to require
developers to deed the property to the Village rather than the Park District. In
August of 1998 the staff revised the Park Site Dedication Ordinance and
modeled it after the City of Joliet providing that the deeded land would go to the
Park District "... or other public entity designated by the President and Village
Board...." Additional changes were suggested by staff to better define useable
park space and reduce credit for wet space and ponds. The draft ordinance was
distributed to the Park District but never acted upon.
The Village Board did meet with the Park Board to discuss the issue of
ownership on two occasions and Mr. Rack appointed an Ad Hoc Committee to
follow up on the issue. During this time the staff prepared a draft of a lease
whereby the land could be deeded to the Village and then leased to the Park
District. The lease concept was not received by the Park District warmly. When
To:
Prom:
Date:
Subject:
z
the lease was on the Village Agenda it was deferred. The Park District requested
a meeting with the Ad Hoc Committee for December 22"d but because of the
holidays not everyone could make that date and that meeting was cancelled.
There was no official action on this matter during the spring of 1999. Only two
annexation agreements required the dedication to the Village. The Ponds
provided cash in lieu at approximately $25,000 and Arbor donated land. All of
the draft annexation agreements to the southwest and northwest have included
the provision that the dedication will be made "... at the Village Board's direction."
These will be coming before us shortly. (I have never included the golf course as
parkland although I have negotiated with the developer that it "counts" as part of
his open space/park dedication.)
ISSUES
As I understand it, the following appear as the major issues:
A. The Boundary of the Plainfield Township Park District
extends to developments in Joliet, Bolingbrook, Romeoville,
and Crest Hill. With a resident base that extends well
beyond the Village of Plainfield borders, can our present and
future Village residents be assured of adequate
representation and sufficiently maintained park programs
and amenities?
B. In some of the developments outside our corporate limits
there was insufficient planning for parkland. Do residents
from those developments burden park systems in the Village
that were properly planned in the first place and thus reduce
or limit those systems to our residents?
C. As our community grows into Wheatland, Oswego, and Nu
Ay Say Townships should we automatically require
annexation of these developments into the Plainfield
Township Park District? While Oswego Township has a
Park District, neither Wheatland or Nu Ay Say have
operating districts. Will Village residents be confused or
short changed in some way if they are annexed into
Plainfield Park District?
D. Does the Plainfield Park District have sufficient funds to
maintain adequately the parks and programs already in
existence? The District did use some funds from a Village
development to maintain a park in another community.
E. If the Village retains ownership of dedicated parkland in the
future, how will municipal funds be raised to improve and
maintain these parks? With tax cap legislation we would
need a referendum to levy a property tax for such purposes.
Does this create "double taxation" in some parts of the
community? As an alternative should we utilize a Special
•
3
Service District for those portions not in the Plainfield
Township Park District?
F. If the Village initiates its own Park function, who will run it?
The existing staff has neither the time nor the expertise to
plan, develop, and operate a park. The residents within the
new Village Park system will demand programs for day-
care, sports, ceramics etc. Who will staff such needs?
G. Will adding another layer of government help or confuse
residents? If you live in Plainfield as a new resident, do you
call the Plainfield Township Park District or the Plainfield
Village Park Program?
H. Current approach confuses developers. Who do they work
with to design a park? Current staff lacks experience in
review of park designs and land transfers.
ANALYSIS AND RECOMMENDATI
The staff will achieve any objective established by the Mayor and Board.
Based upon our existing workload and the issue before us for the existing
traditional operations of the Village, I would not recommend establishing and
operating a new park function. Existing revenue sources and staff limits do not
permit taking on this new function. An ideal solution might be found in leasing to
the Park District although they have not embraced that concept previously. We
are actively pursing a municipal golf course and that, to my mind, will be a
significant and sufficient addition to the Village identity and municipal function. I
recommend we continue our previous relationship with the Plainfield Park District
and newly annexed open space be deeded to them.
The Park District seems to have changed or updated their philosophies in
recent years to consider Village goals. Parks mean more than just ballfields and
includes passive recreation and historical considerations. We may want to
consider an Intergovernmental Agreement with the Park District to address these
and other issues ... i.e. what mutual goals do we seek, hnw will park funding
work in the Village, and how can we plan jointly for all our residents and our
common future? We can also require in that Intergovernmental Agreement that
cash in lieu donations be spent Drily for parkland in the Village of Plainfield. We
could escrow the cash donations and release the funds once presented with a
plan to spend those funds within the neighborhood or our community.
cc: All Department Directors
•
INTERGOVERNMENTAL COOPERATIVE PLANNING AND
BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF
PLAINFIELD AND THE VILLAGE OF OSWEGO
Prepared By:
Bruce A. Bonebrake, Village Administrator
Amended By:
Terrance L. Burghard, Village Administrator, Plainfield
Return To: Denise New
113 Main Street
Oswego, Illinois 60543
r~
u
INTERGOVERNMENTAL COOPERATIVE PLANNING
AND BOUNDARY AGREEMENT BETWEEN THE VILLAGE
OF PLAINFIELD AND THE VILLAGE OF OSWEGO
WHEREAS, Section 11-12-9 of the Illinois Municipal Cade (Illinois Compiled
Statues, Chapter 65, Section 5/11-12-9), authorizes corporate authorities afmunicipalities
to agree upon boundaries for the exercise of their respective jurisdictions within
unincorporated territory that lies within one and one-half miles of the corporate limits of
such municipalities; and
WHEREAS, Section 10 of Article VII of the Construction of the State of Illinois
of 1970 authorizes units of local government, including municipalities, to contract to
exercise, combine, or transfer any power or function not prohibited to them by law or
ordinance; and
WHEREAS, the Illinois Intergovernmental Cooperation Act, (Illinois Compiled
Statues, Chapter S, Section 220/1 et s___,cd.), authorizes municipalities to exercise jointly
with any public agency of the State, including other units of local government, any
power, privilege, or authority which may be exercised by a unit of local govenunent
individually, and to enter into contracts for the performance of governmental services,
activities, and undertakings; and
WHEREAS, unincorporated territory lies within one and one-half miles of the
boundaries of the Village of Plainfield (hereinafter "Plainf eld") and the Village of
Oswego (hereinafter "Oswego") ;and
WHEREAS, Plainfield and Oswego have adopted official plans controlling the
development of that unincorporated territory; and
WHEREAS, developments under way or in various stages of planning are
creating growth opportunities in and near the unincorporated territory lying between
Plainfield and Oswego; and
WHEREAS, Plainfield and Oswego have determined that current plans and
opportunities for development will be accompanied by significantly higher demands for
governmental police power services, utility service, transportation service, and other
public services and financial commitments to meet the necessities of development; and
WHEREAS, Plainfield and Oswego have determined that the territory lying
between their present municipal boundaries is a rapidly developing area in which
. problems related to utility service, open space preservation, flood control, population
density, ecological and economic impact, and multipurpose developments are ever-
increasing both in number and complexity; and
WHEREAS, Plainfield and Oswego and their respective citizens are vitally
affected by such concerns, and any attempt to solve them and provide for the welfare,
prosperity, and employment of the inhabitants of the municipalities will be benefited by
mutual action and intergovernmental cooperation with respect thereto; and
WHEREAS, Plainfield and Oswego have determined that there exists a need and
a desire to provide for logical municipal boundaries and areas of municipal authority
between their respective communities in order to plan effectively and efficiently for the
growth and potential development between their communities and the conservation of the
available resources for all of their respective citizens; and
WHEREAS, Plainfield and Oswego, after due investigation and consideration,
have determined to enter into an agreement providing for the establishment of a boundary
for their respective jurisdiction in the unincorporated territory lying between and neaz
their boundaries; and
WHEREAS, Plainfield and Oswego have determined that the observance of the
boundary line in future annexation by the two municipalities will serve the best interests
of the two communities; and
WHEREAS, Plainfield and Oswego have determined that in some instances it
may be desirable and necessary far the power and authority conferred on one
municipality to be exercised by the other; and
WHEREAS, Plainfield and Oswego have authorized by Ordinance(s) attached
hereto, the execution of the Agreement as an exercise of their respective authority and as
an exercise of their intergovernmental cooperation authority under the Constitution and
laws of the State of Illinois;
NOW, THEREFORE, in consideration of the mutual promises contained herein
and in the further consideration of the recital hereinabove as set forth, it is hereby agreed
between Plainfield and Oswego as follows:
BOUNDARY LINE
Plainfield and Oswego agree that in the unincorporated area lying between and
near the two municipalities, the baundary line far annexation, governmental
planning, subdivision control, official map, ordinances, and other municipal
purposes shall be as is depicted on the map attached hereto as EXHIBIT A and
further legally as described in EXHIBIT B, both of which are hereby
incorporated herein and made part of this Agreement.
Generally described as:
115th Street from E. J. & E Railroad west to Ridge Road extended;
South along Ridge to Route 12b;
West along Route 126 to Schlapp Road;
South along Schlapp Road to Walker Road.
2. JURISDICTION
(a) With respect to property located within the area assigned (as depicted on
EXHIBIT A) to Plainfield, Oswego agrees that is shall not annex any
unincorporated territory within such area nor shall it exercise or attempt to
exercise or enforce any zoning ordinance, subdivision control, official
map, or other municipal authority ordinance, subdivision control, official
map, or other municipal authority or ordinances, except as may be
hereinafter provided in this AgreementOswego shall not oppose FPA
extensions of Plainfield in that area under Plainfield jurisdiction.
(b) With respect to property located within the area assigned (as depicted in
EXHIBIT A) to Oswego, Plainfield agrees that it shall not annex any
unincorporated territory within such area nor shall it exercise or attempt
to exercise or enforce any zoning ordinance, subdivision control, official
map, or other municipal authority or ordinances, except as may be
hereinafter provided in this Agreement. Plainfield shall not oppose FPA
extensions of Oswego in that area under Oswego jurisdiction.
3. SUBDIVISION CONTROLS
In the event that either municipality's subdivision control authority cannot be
exercised within its designated area because the municipality is not located within
one and one-half miles of a proposed subdivision, and if the other municipality is
located within one and one-half miles of that subdivision, then, in those events,
the municipality located within one and one-half miles of a proposed subdivision
may transfer its subdivision control authority to the other municipality pursuant to
Section 10, Article VII, of the Constitution of the State of Illinois of 1970. In the
event that any court of law shall find that the transfer of subdivision control power
between units of local government is prohibited by law, then, if either
municipality cannot exercise its subdivision control within its designated area
because it is not located within one and one-half miles of a proposed subdivision,
and if the other municipality is located within one and one-half miles of the
subdivision, then the latter municipality may exercise subdivision control
notwithstanding the boundaries established by this Agreement.
•
4. PROHIBITION ANNEXATIONS
Each municipality shall oppose any attempt to effectuate a voluntary or
involuntary annexation to its respective municipality which would have the effect
of changing the boundaries established under this Agreement.
S. STATUTORY OBJECTIONS
This agreement shall not be construed to limit or adversely affect the right of
either municipality to file a statutory objection to proposed rezoning that have
been presented to the corporate authorities of Kendall or Will Counties and that
aze within one and one-half miles of either municipality's corporate limits.
6. ANNEXATION OF ROADWAYS
(a) Each municipality agrees that with respect to any roadways that are or are
deemed to be located within that municipality's territory pursuant to this
Agreement, that municipality shall, to the extent it has jurisdiction to do
so, authorize the reasonable use of the right-of--way of such roadway and
grant non-exclusive easements for the installation by the other
municipality of water, sanitary sewer, and utility service facilities, storm
sewer main and appurtenant public improvements. Each municipality
agrees that it may provide water, sanitary sewer, or storm sewer service to
territory within the easement grantee's territory designated under this
Agreement.
(b) The parties recognize the practical problems of providing required
municipal services for roadways that are located on the boundary line. To
that end, the parties agree that further cooperative agreements shall be
developed within one year of this Agreement to explore police and other
municipal services, including capital improvements, roadways that are
located on the boundary line, and to define specifically Right-of--Way
widths and construction standards.
7. WAIVER OF ANNEXATION CHALLENGES
Each municipality agrees that it waives any right to challenge or otherwise contest
the validity of any annexation the other municipality has effected, is effecting, or
will effect in the future for territory located within the other municipality's
designated azea as depicted in EXHIBIT A. The parties further agree not to make
any requests, formal or informal, to any third party for that third party to
challenge the validity of the other municipality's past, current, or future
annexations within the other municipality's designated area.
•
$. EFFECT OF AGREEMENT ON OTHER MUNICIPALITIES
This Agreement shall be binding upon and shall apply only to Plainfield and
Oswego. Nothing herein shall be used or construed to affect, support, bind, or
invalidate the boundary claims of either Plainfield or Oswego insofar as such shall
affect any municipality which is not a party to this Agreement.
9. AMENDMENT OF AGREEMENT
Neither Plainf eld nor Oswego shall either directly or indirectly seek any
modification of this Agreement through court action, and this Agreement shall
remain in full force and effect until amended or changed by the mutual agreement
of the corporate authorities of both municipalities.
10. SEVERABILITY
If any provisions of this Agreement shall be declared invalid for any reason, such
invalidation shall not affect other provisions of this Agreement, which can be
given effect without the invalid provisions, and to this end the provisions of this
Agreement aze to be severable.
11. DURATION OF AGREEMENT
This Agreement shall be in full force and effect for a period of 20 years from the
daze hereof and such further and additional time as the parties hereto may agree
by amendment to this Agreement.
12. APPLICABLE LAW AND RECORDING REQUIREMENTS
This agreement shall be construed in accordance with the laws of the State of
Illinois and shall be published by the respective municipalities and recorded or
filed with the Will County Recorder, Kendall County Recorder, and other as their
interest may appear.
13. INVALIDITY
If any term or provision of this Agreement or the application thereof to any person
or person shall to any extent be invalid or unenforceable as finally determined by
any court of competent jurisdiction, this Agreement may, at the option of either
party, be canceled and terminated, and all obligations, undertakings, and liabilities
of the parties hereto shall automatically be terminated, released, and discharged.
•
14. REPRESENTATION BY THE PARTIES
The parties represent, warrant, and agree to and with each other that each is a duly
organized and existing municipal corporation under Illinois Law, has taken all
necessary corporate and legal action to authorize the execution, delivery, and
performance on their part of this Agreement, that it has obtained all necessary
voter approvals, and that the performance hereto by each will not be in
contravention of any resolutions, ordinances, laws, contracts, or agreements to
which it is a party or to which it is a subject. The parties shall deliver to each
other certified copies of all resolutions or ordinances authorizing the execution
and performance of this Agreement. Plainfield shall save and hold harmless
Oswego and its officers, employees, representatives, and agents from any and all
claims, suits, and judgments, including litigation expense and attorneys' fees,
relating to the authority, propriety, or appropriateness of Oswego executing or
performing this Agreement, or the ownership and operation by Fox Metro of its
wastewater collection systems, and Oswego shall save and hold harmless
Plainfield and its officers, employees, representatives, and agents from any and all
claims, suits, and judgments, including litigation expense and attorneys' fees,
relating to the authority, propriety, or appropriateness of Plainfield executing or
performing this Agreement, or the ownership and operation by Plainfield of its
wastewater collection and treatment systems.
15. FAILURE TO ENFORCE
The failure of any party hereto to enforce any of the provisions of this Agreement,
or the waiver thereof in any instance, shall not be construed as a general waiver
thereof in any instance, shall not be construed as a general waiver or
relinquishment on its part of any such provision, but the same shall, nevertheless,
be and remain in full force and effect.
16. CAUSES BEYOND CONTROL
No party to this Agreement shall be liable to another for failure, default, or delay
in performing any of its obligations hereunder, in case such failure, default, or
delay in performing any of its obligations specified herein is causes by strikes; by
forces of nature; unavoidable accident; fire; acts of the public enemy; interference
by civil authorities; passage of laws; orders of the court; adoption of rules by
public body or agency, office, or commission having jurisdiction; delays in
receipt if materials which have timely ordered and which are beyond the control
of the party ordering the same; or any other cause, whether of similar nature, not
within control of the party affected and which, by the exercise of due diligence,
such party is unable to prevent of overcome. Should any of the foregoing occur,
the parties hereto agree to proceed with diligence to do what is reasonable and
necessary so that each party may perform its obligations under this Agreement.
Neither party shall incur any liability to the other for consequential or other
damages, which may result from delays in initiating service or interruptions or
other malfunctions of service.
17. AGENCY
Neither party is an agent if the other party and neither shall incur any costs or
expenses an behalf of the other.
18. COMPLETE AGREEMENT
This Agreement sets forth the complete understanding between Plainfield and
Oswego relating to the terms .hereof and any amendment hereto to be effective
must be in writing and duly authorized and signed by both parties.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed in their respective corporate names by their respective officers thereunto duly
authorize and their respective corporate seals to be hereunto affix and attested by their
respective officers having custody thereof the day and yeaz first above written.
VILLAGE OF PLAINFIELD,
•
By:
Village President
ATTEST:
By:
VILLAGE OF OSWEGO
Kendall County, Illinois,
An Illinois municipal carparation
By:
Village Fresident
C7
7
~~
Richard A. Rock
PRESI~EN7
TRUSTEES
VILLAGE OF PLAINFIELD 5tephenJ.Calabrese
John M. Cherry
WILL COUNTY'S OLDEST COMMUNITY Michael Collins
Kathy O'Connell
Steven L. Rathbun
Raymond Smolich
Susan Janik
VILLAGE CLERK
PUBLIC NOTICE
YOU ARE HEREBY NOTIFIED THAT THE WORKSHOP OF
THE PRESIDENT AND BOARD OF TRUSTEES SCHEDULED
FOR MONDAY, AUGUST 30, 1999 AT 7:00 P.M. IS
CANCELLED.
THE NEXT SCHEDULED REGULAR VILLAGE BOARD
MEETING WILL BE HELD ON MONDAY, SEPTEMBER 13,
1999 AT 7:00 P.M. AT THE VILLAGE OFFICES LOCATED AT
530 W. LOCKPORT STREET,
SUITE 206, 2ND FLOOR
PLAINFIELD, ILLINOIS.
Susan Janik, Village Clerk
530 W. LOCKPORT STREET, SUITE 206 PLAIN~'IELD, ILLINOIS 60544 (815) 436-7093 Fax (815) 436-1950
~'~
t' ~'
r h
Ap¢p'' ~ h.
R r
^' ~ - ~ j'
`~ -
~ ~ ~., _~
t.
cl 7
.. k -~
f ~ .. ~ _- i
~~
~~ ~~ ~ 3
~ { ~
I ~iJ
.,
;~ `
;~-A ~ L ~~
~ww~ ~:~
~,~ ~ ` ' _i
a ~ __
y ~~ .''~
41 ,s,~
_v _ ' _ ___
~~. 1-~-
_. ~_r,~: _..._ _.~~r
~~~ ~~ ~i
~ w
~ V'~~
?qJ 4 a ~ n~ ~,.~o~. ,~yy~,~,~ i i r oy~~, rii7~'N
~•Y t', ,
,:
-ni
IL
~ ~ m d •~ ~ ~ ~ ~. a> v `' ~ x. m R~,~ .~ ~ v~ '" c ~ ,~ m ~ .ti .a .~ es y c
O ~~". Qi O . [A ~ .... ~ .~" F7 .~,. ~ ~ .a N O •~ O 61 y p Gp C ~ L: U O
O
•C ° 1,.., .,~ W +a 'L~", 3 ~~' CL ~ r~o t+ Fi 4-~ c'~.i ~ +~ m .~ ~ raA ~ 3 ;~
!y •~ } +~ o~. o c. ~ ~N ~m m oar °°•~bA
'~ ~ ~ °u~j^+~ C~ ~ ~,~ rA ~ y~ ~ ~ ~ aG°i ~.Lf ~ ~'~ c p~~ +' ~ o ~ ``"ro~•~ro ~' ~ ~
~ O +~ ti .,.~ O GL *~ rA ~. V ~ •a"', +~. it d ro O d ~ O .L' ~ .•r
' ~ ~ y' ~ "mod ~ ~~ +, ... ~ ° ~ • ~ '"' q ~ o c°i ^, ° "~ O ,+~ G" A.~ ~ C/~ *' q ~"' w
I~l ~ '-~°"..aa~~ca`°~3.~~cm `"F3`°°3 n°~3~ ti-~°~'A'o*''~•° >~ Coro
~+ ot`• ° ~~ ~ ~+, wy,~m y c r. 4~ q ro w ~, a~ o ~ o+~ A
mod, e'~~.,.y+a 3 aoi m o v+~+•~~ c ai ai e~i~G"'' gro,,.ro ~ ~"' ~ o~.ed °~•~~`~ ~~ro~
O ~ Oc.Pr`%~~~c...n~ ~+a'O v~~''A~~gO~oU~ F3~u~ ~~' m ~+...,
,,..,mco ~,. 3 m ~~• 3o a+v 'eid ro~4.,~~edo
O r.j ~ ..0. ~ ~ O ~ y •b ~ ~ C. ~ ~ it ~ FD, ~ a~(~+, , ~ ~ GO ~"•, x a~.a •~ ~ Cdr .,r17 by ,. c,O., 3f.
~. ~ 3 cv ~ ~ A ~ 3 ~., C/] •m cd ~ p. v m o0U ~' •v ,~ g ~ R. e°i ~ •y ~ 3 •~ w c°i
• 1., O s,,; ++ '~ d bD a o ~ d ,r.' b *~ ,,,w '0 4. ~, +a ++ ~ .-.
Imo ~ ~ ~ s~•~•~ ~+~ c~ ~~ ~•~•m ti o ~ ~+`~ ua ~ iw ~ F*~,`;.~"d ° R;,
n> w ° "' '~ W ro c~ ~ +a ~" ~ ~. •~n cd w q w a.S .w d a~ d ed ~" ~ N
4.a 3 ~ .--' O ^ O 4 ,'~' U N •-~ Q) ^ t# R,:: Ctl ,~ `~ ro R,
~, u~ .N U co r. •~ o a W m ti c ~ $ ~ c..C :~ ° o ~. •.,
r~~ 0 U~ ~~~ u~Q a ~ o ~,~ ~, ~ o ~+ ~U~ ~,~ a"'vac~~tro ~ro~~w ~.x~~c~
V ~ 3 ~U ''~oro~ ~~ ~a'~ a~ o•uo ~';~ ~~"^ o ~ o ~ ~ ~ ~" o .. w ea +~ ti
w a w a~•~ ,~ a~ o c~,N a*' a~ r° o `~' ~ o m o
A .~7 •., O ~--~ +a ~" ~ ~ ~+ ~" Cn O O a' O iii ii q '"" m ~ cad h7 •.. ~.~ d +a I F". ~,~
~ ~ 6p '~ O '~ b~ ~., ,-O cd ' £i C ~ ~ ~} a~ ^d ro .Or d ,1; 4.1 ~~^' U ~ F+ ctl 'C GV ,y+ ~ -~ I O
C1 O ••, Cd ~ fll 'b it p" ~'-d ~ ,.,,, ~j 61 .C 4-~ C+~ -u1 rl "~ ~ ~ ~
~Cr" '~'+cM N •~ CC ~ ~ d v O C ,~ ~ ti y •U y ~ ~ ~ ~ a; ~ .~ ~". A ~ H .f~ cC ~ t0. O O p" ~ ~
• c~ ~ O cQ .., u~ v ~ 'ti d'
N i7 ' ~ o ~ ~ ' PG ~ cd ~; ~ bD w c,,., ~ .~ ~''~ ~io~ m "r A
wa y,~ O C "O Q Ctl O O .--1 "O O DA 6 C U i. ~ ~+ ~ r.. D •.r N U O O y ,y~-•i ~ COd ~
.C ~ ~, y ,.~ ~ ~o ~ y °' •~ 'J'+ a , ~ N ++~' ia'~ a F.=' '-o Ca q "~ 4V ,~ , ~•~ e~ y ~' v~
O ~Eww~n~ E-~m`~'~~F,~cn,~y+~e~~'r~•~~~.~•in oe~m~o'~4.~ow ~'ti,~,'°'•~o
W a ° ~ ° 3 co ~ ... W •-o ~.., ro ~' ~ o m ~ ... v, e,.. ~' ... ,.-~ R, m v