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HomeMy Public PortalAbout02-06-2006 Village Meeting VILLAGE OF PLAINFIELD MEETING MINUTES FEBRUARY 6, 2006 AT: VILLAGE HALL PRESENT: J.WALDORF, P.FAY, B.LAMB, W.MANNING, M.COLLINS, J.RACICH, AND J.DEMENT. ALSO PRESENT WERE: S.JANIK, VILLAGE CLERK; J.HARVEY, ATTORNEY; C.MINICK, ADMINISTRATOR; S.LARSON, ENGINEER; A.PERSONS, PUBLIC WORKS DIRECTOR; M.GARRIGAN, VILLAGE PLANNER, V.HASTINGS, GIS COORDINATOR; J.PROULX, PLANNER; A.DE BONI, COMMUNITY RELATIONS DIRECTOR; M.EITING, DEPUTY CHIEF OF POLICE; AND M.GIBAS, DEPUTY CLERK. Mayor Waldorf called the meeting to order at 7:00 p.m. Roll call was taken, all Trustees were present. Clerk Janik led the pledge to the flag. There were approximately 30 persons in the audience. PRESIDENTIAL COMMENTS Mr. Brook McDonald, The Conservation Foundation, presented a plaque to the Mayor and the Board of Trustees thanking them for their efforts to preserve open space in Kendall County by assisting with Protect Kendal Now. Trustee Dement moved to adopt Resolution No. 1484 opposing the surgical center being proposed by Rush, Provena, and Adventist in Plainfield and request a hearing by the Illinois Health Facilities Planning Board on the project. Seconded by Trustee Racich. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. Trustee Dement moved to adopt Resolution No. 1485 opposing Rush-Copley’s expansion to add 26 beds to their campus and request a hearing by the Illinois Health Facilities Planning Board on the project. Seconded by Trustee Collins. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. TRUSTEE’S COMMENTS Trustee Dement stated that the election will be soon and asked for the Clerk to inform everyone of the campaigning rules and also asked that the Police Department enforce the rules. Trustee Collins informed everyone that the Joliet Historical Museum, 204 N. Ottawa, will host a pictorial post card history and collector’s guide to Plainfield on February 19 at 2:00 p.m. The collection is that of Tim and Michelle Smith from 1906 to 1960. Administrator Minick stated that in response to Trustee Dement’s request, the staff will put together a report and give an update at the next meeting regarding the campaigning rules. Trustee Fay stated recently he made some statements regarding our historic downtown and his position and statements regarding the downtown Plainfield District and its residents and businesses is just that. It comes out of a sense of concern for the advancement of MainStreet but not only MainStreet, all the businesses and organizations in the downtown. He is not trying to meddle in anyone’s affair, he is simply trying to advance a better communication system. Village of Plainfield Meeting Minutes – February 6, 2006 Page 2 of 10 PUBLIC COMMENTS on Items Not on the Agenda No public comments. BUSINESS MEETING Clerk Janik asked to amend the Agenda to add at the end an Executive Session for purposes of personnel, not to reconvene; and to amend the Consent Agenda to remove a payment for Comstock from the Bills Payable Report in the amount of $287,187.39. Trustee Fay moved to approve the Amended Agenda. Seconded by Trustee Dement. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. Trustee Fay moved to approve the amended consent agenda to Minutes of the Board Meeting of January 23, 2006; Bills Paid Report and amended Bills Payable Report for February 6, 2006; Letter of Credit Reductions for Shenandoah Subdivision Units 1 and 2, Arbor Creek Units 1 and 2, and Eagle Chase Units 1 and 2; Ordinance No. 2533 adopting recapture for costs of roadway th improvements to Van Dyke Road south of 127 Street for the Kensington Club/Van Dyke Road Recapture Agreement; and Ordinance No. 2534 adopting recapture for costs of roadway thth improvements to 135 Street generally east of Heggs Road for Prairie Ponds/135 Street Road Recapture Agreement. Seconded by Trustee Collins. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. #3 ARBOR CREEK UPDATE Administrator Minick stated that he met with Mr. Morris Jones, Arbor Creek Drive Resident; Mr. Stanley Paulauskas, Arbor Creek Drive Resident; Kurt Lindstrom, Hamilton Engineering; and Bob Ackerly, Krugoff Builders to discuss the issues with regard to the backyard erosion. It was discussed that the Village would honor a previous agreement with the homeowners to provide the engineering services to identify the cause of the problem and design a solution to remediate the problem. Construction of the remediation measures was to be at the homeowners’ expense. Since the homeowners undertook the work without a permit and without making provisions to sufficiently stabilize the soil they were using, Mr. Ackerly from Krugoff stated that their position is that this is the homeowners issue and will not participate in the remediation. The next step is for the homeowners to come up with the solution that they would like to implement, Hamilton Engineers will then design the solution, and the homeowners will be responsible to have the improvement constructed at their own expense. Staff is seeking Board support for the course of action to provide and fund the engineering services to design the remediation measures and then to remove ourselves from the process. Mr. Morris Jones, Arbor Creek Drive resident, stated that he is not happy with the results and asked for the Board to give him some time to do some more research. There was a fault there before his house was built and it is quite possible that it came back again. He and his neighbor, Stan Paulauskas, sit farther back than the other homeowners. When the yard initially started sinking, the builder brought in dirt. The yard fell again the following year, so he continued doing what the builder had done previously. He was not trying to make a flat yard. Mr. Stanley Paulauskas, Arbor Village of Plainfield Meeting Minutes – February 6, 2006 Page 3 of 10 Creek Drive Resident, stated that his scenario is the same as Mr. Jones. The builder brought dirt to level out everything; there was a big hole. The following spring it fell down and we brought more dirt. The dirt was brought in by subcontractors of the developer. It was their truck, their people, their equipment, we didn’t hire anybody. Mr. Minick asked if the homeowner paid for the dirt. Mr. Paulauskas replied that he paid the driver a $20 tip. Mr. Minick stated that is contrary to what was indicated in the meeting. Mr. Bob Akerly, Krugoff, stated that wasn’t what happened in the meeting. There was something similar to 10-15 loads of dirt brought into that yard by Mr. Paulauskas and Mr. Jones. Most of the dirt is in Mr. Paulauskas’ yard. The engineering was all done, the complete area is treed and it was all taken back to grade. We did not haul in and fill in anything other that what was called for on the grading plan. We have all the documentation and it has been given to the Village, plus they have their own that this was all a closed issue. They are just looking for somebody to fix the mess that they created and he (Mr. Akerly) told them that we could not help them and that the Village went far beyond their duty. The cheapest option for them is to pull the dirt out that was brought in and the second cheapest option is to build a retaining wall which they do not want to spend the money on. Mr. Minick stated that Mr. Akerly’s summation is pretty accurate. We’ve looked at the documentation, we’ve done the investigations and we’ve done the soil borings and the engineering. It is staff’s recommendation that we honor the previous commitment that we had to provide the engineering for the remediation measure and then excuse ourselves from the situation. Trustee Collins asked how many residents are involved. Mr. Minick replied that these are the only two residents that he is aware of. Mr. Morris Jones stated that he and Mr. Paulauskas probably have the most problems because they are pushed farther back. Some of his neighbors have had similar situations. Mr. Jones stated that he closed in March and at that time the developer was not ready to do the grading. He wants to go through his documents to see if there is documentation of the condition his yard was left in. Mr. Bob Akerly stated that there were no other homeowners in that subdivision that have complained about anything. Mr. Morris stated that there was a fault on that property before he moved in. Something was not done right. He’s been living there for 5 years, and the property falls every year. Mr. Akerly pointed out that the homeowners have also buried their downspouts and that is adding to the problem. Trustee Lamb stated that he read through all of the paperwork and understands the various points of view. He would like to gather a couple of learnings from this. One, he thinks it is a very professional investigation, everybody cooperated and talked it through, and got all the facts out. Hindsight suggests that nobody came out as a winner. The Village has spent money and time to do it, the homeowners have spend a considerable amount of time and money trying to get things resolved, and so has the builder. One thing that does come out clearly is that engineering evaluations are very appropriate. Trustee Dement asked what is the Village going to do to remediate. Mr. Minick stated that the homeowners have requested that the drawings be done for a modular block retaining wall. Trustee Dement asked the homeowners if that was true. Mr. Morris and Mr. Paulauskas both replied yes. Trustee Dement moved to do the engineering to hopefully alleviate this problem. Trustee Collins stated that if the Village is going to do the drawings, but the homeowners are not willing to building Village of Plainfield Meeting Minutes – February 6, 2006 Page 4 of 10 the retaining walls, aren’t we just throwing money into the wind. Mr. Morris Jones stated that the problem lies with the builder. Something wasn’t done right and he shouldn’t have to pay. The cost of the retaining wall was quoted by Hamilton to be approximately $85,000. That’s an awful lot of money. Mr. Minick stated that the retaining wall figure was based on the fact that we were going to change the engineering grade significantly and create a usable backyard. Mr. Kurt Lindstrom, Hamilton Engineers stated that the height of wall would need to be between 8’ to 10’. Mr. Minick pointed out that a smaller wall can be built and there would be less of a backyard. Trustee Dement removed his motion. Trustee Collins stated that he would need a commitment from the homeowners to construct the improvement before he would support spending money on the engineering. Mr. Lindstrom pointed out that the Village has already spent about 85% of the total for engineering. It would cost approximately $7,000 more to generate structural engineering specifications for the project. Trustee Manning asked what the cost of the geotextile screening solution that was mentioned in the staff report would be to the homeowners. Mr. Lindstrom replied approximately $20,000. Trustee Racich stated that staff is seeking support to design remediation and to then remove ourselves from the process. We need to remove ourselves from the process otherwise we are going to be establishing a very dangerous precedent by financing every remediation that a homeowner has. We can work closely with the homeowners and go with the guidelines outlined by the Village Administrator. Trustee Racich moved to support the course of action to provide and fund engineering services to design remediation measures and thereafter remove ourselves from process. Due to lack of a second, the motion died. Trustee Lamb stated that if the homeowners do not pursue the construction of the mediation then why should the Village spend the additional money. If the homeowners agree to leave the Village and the developer out of it, we can spend the additional money as we have agreed to do for whatever proposal that they decide to go with. There doesn’t seem to be agreement on the wall so to do additional design work would not be appropriate. Trustee Lamb stated the he would make that a motion. Trustee Manning stated that he would second that motion that the homeowners must agree that the parties can be removed when the homeowners accept the solution. Trustee Lamb moved to fund the engineering design of the remediation option when the homeowners decided on an option and to agree that the Village and the Developer will be removed from the process. Seconded by Trustee Manning. Vote by roll call. Fay, abstain; Lamb, yes; Manning, yes; Collins, no; Racich, no; Dement, no. 2 yes, 3 no, 1 abstain. Motion failed. Trustee Fay stated that his reluctance to vote and to say anything to this point as in times past, there are many factors involved. He would personally like to talk to the engineering firm and perhaps the residents as well. He thinks that there may be another issue here in what he is perceiving as an increase of residential property issues before the Board. Trustee Fay asked Mayor Waldorf on his Village of Plainfield Meeting Minutes – February 6, 2006 Page 5 of 10 thoughts for a different way of handling the resident foundation issues or some sort of process for remediation . Mayor Waldorf stated that we can explore other communities that have options above and beyond ours. Mr. Minick stated that typically government does not participate in remediation between residents and homeowners. Trustee Fay suggested a remediation team. Trustee Manning stated that is exactly what the Administrator did when he met with the developer and the citizens; he remediated what he thought was an agreement. Trustee Fay that he doesn’t feel that he has all the information he needs to discern or to deliberate. Trustee Collins stated that if the Village Administrator and staff researched the complaints and find that there is no culpability on behalf of the Village then we are done and the homeowners can move on. Trustee Lamb stated the investigation was a first class job and their conclusions were good. The Village was very generous in agreeing to do the design work. Trustee Dement stated that the Village went more than ½ way on this issue and he would certainly rather go the extra mile to remediate some issues. Trustee Racich moved to support the course of action to provide and fund engineering services to design a remediation measure then to remove ourselves from the process, the Homeowners will have input on what remediation measure to design. Seconded by Trustee Lamb. Trustee Dement stated that he could not support spending Village money without a commitment from the homeowners to construct the remediation. Trustee Dement clarified that if the homeowners decide not to take any of the solutions offered that nothing will be done. Vote by roll call. Fay, no; Lamb, yes; Manning, yes; Collins, no; Racich, yes; Dement, yes. 4 yes, 2 no. Motion carried. Trustee Collins asked to have the Board updated as to the outcome of this issue. #4 PLAINFIELD ART LEAGUE GRANT The Plainfield Art League was awarded a grant of $5,000 for 2005 by the Mayor and the Board of Trustees. The Art League received $2,500 in June of 2005 and is now requesting the balance of the funding. Mr. Dick Splant of the Art League stated that they will be the art supplier of the new Edward Medical Facility. Trustee Dement asked for the staff to review the budget and financial procedures of the Art League. Trustee Fay moved to award the balance of the grant in the amount of $2,500.00. Seconded by Trustee Dement. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. TH #5 5 ANNUAL PLAINFIELD IRISH PARADE Deputy Chief Eiting stated that he does not foresee a problem with the parade. th Trustee Fay moved to approve the 5 Annual Irish Parade to be held on Sunday, March 19, at 1:00 p.m. sponsored by the Village Preservation Association of Plainfield. Seconded by Trustee Racich. Village of Plainfield Meeting Minutes – February 6, 2006 Page 6 of 10 Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. #6 MEIJER Mr. Garrigan stated that the applicant is requesting re-approval of the final plat because the original mylar of the approved final plat was not recorded within 90 days of the Village Board’s original approval. Trustee Dement moved to reapprove the final subdivision plat of the Meijer Plainfield Subdivision. Seconded by Trustee Fay. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. #7 CHATHAM SQUARE Mr. Garrigan stated that the applicant is seeking final plat approval of the first phase of development of Chatham Square. The proposed plan is consistent with the Concept Plan contained in the Annexation Agreement. Staff and the Plan Commission recommend approval. Trustee Collins moved to approve the Chatham Square Phase I final plat of subdivision, subject to the 3 stipulations listed in the staff report. Seconded by Trustee Dement. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. #8 LIBERTY GROVE RECAPTURE Mr. Garrigan stated that recapture agreement is for the construction of off-site sanitary sewer improvements in conjunction with the Liberty Grove development. The recapture agreement is consistent with the standard recapture agreement for the Village. Trustee Fay moved to direct the Village Attorney to draft an ordinance to adopt recapture for costs of sanitary sewer improvements in the vicinity of the Liberty Grove Subdivision, as detailed in the Agreement Authorizing Reimbursement for the Construction of Improvements Beneficial to the Public. Seconded by Trustee Dement. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. #9 LOT 13 IN THE MENARDS OF PLAINFIELD SUBDIVISION Mr. Garrigan stated that the applicant is requesting site plan review of Lot 13 in the Menards of Plainfield Subdivision for a proposed multi-tenant retail/office building. The lot is approximately .89 th acres and is located on 135 Street, immediately east of the Tuffy Muffler building. The Plan Commission recommends approval. Trustee Fay questioned if previous issues with the developer have been resolved. Mr. Persons stated that the developer has rectified the issues. Trustee Collins commented that he liked the architecture. Trustee Lamb asked if staff was comfortable with the traffic flow and trash enclosure. Mr. Garrigan stated that staff was comfortable with what is being proposed. Village of Plainfield Meeting Minutes – February 6, 2006 Page 7 of 10 Trustee Manning moved to accept the recommendation of the Plan Commission and approve the site plan for Lot 13 in the Menards of Plainfield Subdivision subject to the 3 stipulations listed in the staff report. Seconded by Trustee Collins. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. #10 VILLAGE SANITARY SEWER RECAPTURE AGREEMENTS Trustee Fay moved to adopt Resolution No.1487, a resolution authorizing reimbursement for the construction of improvements beneficial to the public for the Route 30 Relief Sewer. Seconded by Trustee Collins. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. Trustee Fay moved to adopt Resolution No.1488, a resolution authorizing reimbursement for the construction of improvements beneficial to the public for the Lockport Area Sanitary Sewer. Seconded by Trustee Dement. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. ADMINISTRATOR’S REPORT No Report. ENGINEER’S REPORT No Report. COMMUNITY DEVELOPMENT REPORT Ms. Valerie Hastings, GIS Coordinator, stated that the proposal for GIS Implementation Services for Patrick Engineering, Inc. are services related to the development and expansion of the Village’s GIS database to include layer development, training for staff, and quality checks for the planimetric data. Trustee Manning left the meeting at 8:10 p.m. Trustee Dement moved to approve the Geographical Information Systems (GIS) Development Agreement between the Village and Patrick Engineering, Inc. for services totaling $26,000.00. Seconded by Trustee Fay. Vote by roll call. Fay, yes; Lamb, yes; Manning, absent; Collins, yes; Racich, yes; Dement, yes. 5 yes, 0 no, 1 absent. Motion carried. Star Line Station Mr. Jon Proulx, Planner, stated that Solomon, Cordwell, Buenz (SCB) was contracted to help the Village primarily to determine the amount of acreage and general layout of the station site. The work has included working with the Kellers (landowner) and the Morgan/Harbour (contract purchaser). Mr. Harbour is willing to work with the Village if there is a common vision for the property and based on the upcoming expiration of the contract, Mr. Harbour is seeking input from the Board on support for a general concept. Trustee Manning returned at 8:15 p.m. Village of Plainfield Meeting Minutes – February 6, 2006 Page 8 of 10 Ms. Christine Carlyle, SCB, reviewed three Transit Oriented Development concept plans highlighting density, commercial, industrial, open space, and parking spaces with the Board for the subject property. Trustee Fay stated that in general he supports Transit Oriented Developments. It is too premature to discuss density and building types. Trustee Fay also added that there must be adequate roadways to the east and to the north. Trustee Collins expressed some concern regarding the number of parking spaces. Mr. Proulx pointed out that there is opportunity for parking on the east side, but the concepts tonight only focus on this property. Trustee Lamb stated that overall mixed use would work very well and would help to support the downtown area. He likes the idea of buffering the light industrial. He suspects the density will work and also liked light industrial. Trustee Manning stated that he supports the multi-use for the area and he has great sympathy for density because the staff has made a compelling argument that the density is necessary to support our downtown as it expands west of the river. Trustee Dement asked what kind of truck traffic would be brought to the downtown because of the light industrial. Mr. Harbour responded that the light industrial is proposed to be at the north end of the development that would be next to existing light industrial. Mr. Harbour stated that he can do a great job with the train station and he supports Concept B. Trustee Dement also commented that the open space seems lacking and that he will be concerned about the architecture and what the buildings will look like. He wants to see brick buildings. He could support the raised density with additional amenities such as architecture, open space, and roadways. Trustee Racich asked for the timeline. Ms. Carlyle responded that the development will be fully phased and it could be 10 years before the station is active. Mr. Harbour stated that without the train station, the development does not make sense. He knows it is a long-term project but is hoping that the train station is less than 10 years away. PUBLIC WORKS REPORT Trustee Fay moved to authorize the Village President to execute a contract with the low bidder, P.T. Ferro Construction, for the construction of Drauden Rod from Indian Boundary Road to IL Route 126 at a total bid amount of $2,473,046.02. Seconded by Trustee Racich. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. Trustee Fay moved to authorize the Village President to execute an Engineering Services Agreement with H.W. Lochner, Inc. for the Phase I Engineering Design of the Plainfield/Naperville Road and th 127 Street Intersection Improvements and Signalization at a cost not to exceed $202,789.19. Seconded by Trustee Collins. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. Trustee Fay moved to authorize the Village President to execute an Engineering Service Agreement with Hamilton Engineers to administer the 2006 MFT Street Resurfacing Program at a cost of $72,970.96. Seconded by Trustee Dement. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. Village of Plainfield Meeting Minutes – February 6, 2006 Page 9 of 10 Trustee Collins questioned why Hazelcrest Drive was not included in the MFT Street Resurfacing Program. Mr. Persons stated that the Hazelcrest Drive project would be a reconstruction project and not a resurfacing project. Trustee Manning moved to waive the bidding and authorize Nikolson Construction to install required water and sewer improvements north of Springhole Creek at a cost not to exceed $130,000.00. Seconded by Trustee Collins. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. POLICE CHIEF’S REPORT Trustee Fay moved to adopt Ordinance No. 2535 amending the Code of Ordinance regarding Noise Regulations. Seconded by Trustee Dement. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. Trustee Fay asked the staff to look into an ordinance regarding airbrakes. Trustee Collins moved to approve the purchase of a 2006 Chevrolet Impala from Miles Chevrolet under the State of Illinois Contract pricing for vehicle replacement. Seconded by Trustee Fay. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. ATTORNEY’S REPORT No Report. Mayor Waldorf reminded everyone of the Plan Commission Meeting on February 7, the Historic Preservation Commission Meeting on February 9, the Committee of the Whole Workshop on February 13, and that the Village Offices will be closed in honor of President’s Day on February 20. Trustee Racich reminded everyone that on February 11 at 10:00a.m. the Chamber of Commerce is rd having its 3 Annual Business Fair. Trustee Fay moved to adjourn to Executive Session for the purposes of Personnel, not to reconvene. Seconded by Trustee Collins. Vote by roll call. Fay, yes; Lamb, yes; Manning, yes; Collins, yes; Racich, yes; Dement, yes. 6 yes, 0 no. Motion carried. The meeting adjourned at 9:10 p.m. Michelle Gibas, Deputy Clerk Approved: Susan Janik, Village Clerk Village of Plainfield Meeting Minutes – February 6, 2006 Page 10 of 10