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HomeMy Public PortalAbout06-19-2006 Village Meeting VILLAGE OF PLAINFIELD MEETING MINUTES JUNE 19, 2006 AT: VILLAGE HALL PRESENT: J.WALDORF, W.MANNING, M.COLLINS, J.RACICH, J.DEMENT, P.FAY, AND B.LAMB. ALSO PRESENT: J.HARVEY, ATTORNEY; A.DE BONI, COMMUNITY RELATIONS DIRECTOR; A.PERSONS, PUBLIC WORKS DIRECTOR; J.TESTIN, COMMUNITY DEVELOPMENT DIRECTOR; T.PLECKHAM, MANAGEMENT SERVICES DIRECTOR; D.BENNETT, CHIEF OF POLICE; M.GIBAS, VILLAGE CLERK;AND L.GRIFFITH RECORDING SECRETARY. Mayor Waldorf called the meeting to order at 7:00 p.m. Roll call was taken, all Trustees were present. Mayor Waldorf led the pledge to the flag. There were approximately 30 persons in the audience. PRESIDENTIAL COMMENTS Trustee Racich moved approve the appointments to the Plan Commission: ? Ed O?Rourke term expiring April 30, 2009 ? David Murawski term expiring April 30, 2008 Seconded by Trustee Dement. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. Trustee Racich noted that Mr. O?Rourke and Mr. Murawski were ex-officio members and wanted to continue with the practice. He added that he would like to see some gender diversity, and Mayor Waldorf concurred with this and said that there was a need for additional input in various processes around the Village. TRUSTEE COMMENTS Trustee Dement received a letter from the State attorney and had some questions for the Village attorney. He asked about the emergency meeting of June 28 being a violation, and Mr. Harvey said that the issue was what constituted an emergency under Illinois law. The Open Meetings Act did not define ?emergency? and allowed for some discretion. Trustee Dement felt that the Board was in order to call the meeting due to the amount at stake with the loss and asked if the Attorney General was aware that the Board was going to be hiring a new administrator. He said that there was no case law in this situation; however, he asked what the option was if the Board disagreed. Mr. Harvey said that the Board could contact the State Attorney. Trustee Dement also noted that the violation was with the Board violating the Open Meetings Act, not the trustees. Trustee Dement asked about the parking lot issue, and Mr. Harvey said that the Attorney General did not believe that there was a violation. Trustee Racich asked if the trustees could attend a dinner or have any social interaction. Mr. Harvey said that the trustees could not discuss public business under the Open Meetings Act. Trustee Racich asked if Mr. Harvey believed a law was violated, and Mr. Village of Plainfield Meeting Minutes ? June 19, 2006 Page 2 of 11 Harvey said that the Board had discussed that there was no definition of ?emergency? and the Board truly believed that the meeting was needed. Trustee Dement asked about the letter to the editor, and Mr. Harvey said that there was a lot of attention on the letter. However, the opinion stated that the letter-writing was not a violation. He referred to the appointments under the Open Meetings Act that were applicable under executive session. Trustee Dement said that the State Attorney stated that this was a violation of the Board. Trustee Collins was more critical of the term ?investigation? because none of the trustees were contacted of the alleged indiscretions. He said that he called the Attorney General at least 10 times, and she had assured him that the investigation was completed and a full report would be received sooner than it was. Trustee Fay read a statement regarding the Attorney General communication as an ?informal opinion?. He summarized that he did not believe a violation occurred; he believed the trustees tried to communicate and the complainants were reported based on a newspaper report and politics. He wanted to reiterate that everyone was entitled to their own opinion. He wanted Mr. Harvey to draft an official refutation to Attorney Gen office. Trustee Dement moved to request Mr. Harvey send a formal refutation to the legal opinion from Ms. Mutchler. Seconded by Trustee Racich. Trustee Manning asked Mr. Harvey if the motion went against the appeal process described. Mr. Harvey said that there was no appeal process; Ms. Mutchler wrote the letter and the Board could respond. Trustee Lamb asked if it would be more effective to write a letter to the editor delineating the points. Mr. Harvey said that this was more in line with a public relations decision; he responded with a legal opinion, and media issues were difficult to predict. He also noted that there was no guarantee for a response to this letter, and the issue of the Attorney General?s opinion was not on the agenda. Trustee Racich liked Trustee Lamb?s suggestion about writing a letter to the newspaper. Because of the amount of unwarranted publicity, he felt that this needed to be explained from a legal point of view, so he wanted Mr. Harvey to present this to the newspaper. There was some discussion regarding the Board sending the letter, and Mr. Harvey said that he did not think that a motion was needed to prepare a draft of a letter. The motion and second were withdrawn. PUBLIC COMMENTS on Items not on the Agenda A homeowner said that he came last month representing the Fields at Heritage Meadows Homeowners Association and asked for the Village?s help in alleviating traffic flow. He had not heard from anyone and was concerned about the baseball field traffic. He was confused about who to talk to but felt that the noise and traffic was too close to the houses. He said that the games were going on all day long on the weekends and cars were parked on the grass. Trustee Racich confirmed Village of Plainfield Meeting Minutes ? June 19, 2006 Page 3 of 11 that the streets were Pear Tree Drive and Hemlock, and this was on the agenda under Public works. Mr. Persons apologized if Staff did not make contact that it was on the agenda and said that the Planning Department might be able to address the uses of this property. Ray Brixey thanked the Trustees and acknowledged the support for the Edward Hospital Plainfield project. As a citizen, he was proud of the community and its representation. He also thanked the Village Staff for the work at the hearings and behind the scenes. He thanked Edward Hospital and their leaders publicly and wanted to have them as part of the community?s foundation. BUSINESS MEETING Trustee Fay moved to approve the Agenda. Seconded by Trustee Dement. Voice Vote. All in favor, 0 opposed. Motion carried. Trustee Fay moved to approve the Consent Agenda to include: Approval of Minutes for Board Meeting of June 5, 2006; Bills Paid and Bills Payable for June 19, 2006; Cash and Investments, Revenue, and Expenditures Report from May 31, 2006; Letter of Credit Reductions for: Heritage Oaks and Liberty Grove, Unit 6; Ordinance No. 2561 allowing a variance for the property located at 23001 Pilcher Road in the Village of Plainfield, Will County, Illinois; Approving a Grant of Land Dedication of Parcel 0006, located at Route 126 and Steiner Road, from Murley Wheeler to the Village of Plainfield at a total cost of $1.00 for the purpose of constructing the future Drauden Road improvements; Seeking a motion to approve Resolution No. 1501 authorizing Traci Pleckham, Managemet Services Director, as an authorized voter for the SWARM group. Seconded by Trustee Dement. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. #3 HERON POINT OF PLAINFIELD Trustee Racich moved to approve Resolution No. 1502, a Resolution providing an Inducement to Heron Poing of Plainfield regarding a Redevelopment Project in the Village of Plainfield, Will and Kendall Counties, Illinois. Seconded by Trustee Collins. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, no; Fay, yes; Lamb, yes; 5 yes, 1 no. Motion carried. #4 VILLAS AT FOX RUN (FORMERLY VILLAS OF PLAINFIELD) Trustee Fay moved to adopt Ordinance No. 2562 approving a Special Use for Planned Unit Development for the Villas at Fox Run (formerly Villas of Plainfield), located east of Route 59 and south of Cahills Way, subject to the stipulations listed in the staff report. Seconded by Trustee Collins. Trustee Fay wanted some discussion as the Board received a letter from a resident and asked if Staff or Mayor Waldorf had any concerns. Trustee Collins said that it had been a custom of past boards not to consider or acknowledge documentation at the night of the meeting. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, no; Fay, yes; Lamb, yes; 5 yes, 1 no. Motion carried. Village of Plainfield Meeting Minutes ? June 19, 2006 Page 4 of 11 #5 CHATHAM SQUARE UNIT 2 FINAL PLAT Trustee Fay moved to approve the Chatham Square Phase 2 Final Plat of Subdivision subject to the stipulations listed in the staff report. Seconded by Trustee Collins. Trustee Lamb asked why parcel 1 and parcel 2 were separated, and Adam Dontz (of Gladstone Builders) said that the annexation agreement allowed them to plant in phases. Gladstone was given an easement across the property for sewer and water issues, so the developer went in and platted lots in a fashion conducive to the development?s phasing program. Mr. Dontz also added that he spoke with Staff earlier regarding the open space issue and cash in lieu; he said that this was inconsistent with the agreement that Gladstone had with the Park District. Staff noted this and would follow up with the Park District to make sure it was suitable. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. #6 PLAINFIELD WEST Trustee Fay asked if this has gone to public hearing, and Mr. Testin said that the public hearing was scheduled for July 10 due to notification issues. He said that this would still come forward to prepare the ordinances but clarified that the Board would have a public hearing on the Annexation Agreement. Trustee Dement asked if it would be inappropriate to vote on the ordinance before the public hearing, and Mr. Harvey clarified that the Board was required by state law to have a public hearing for Annexation Agreements. Trustee Lamb asked if it was policy for there to be credits for road improvements and an athletic association field. John Philipchuck (attorney for the developer) said that the terms of the Annexation Agreement were being finalized. He pointed some of the concerns and what Staff was looking for. Trustee Fay asked if the Board was discussing site plan, and Mr. Testin said that policy aspects needed to be reviewed when related to the Annexation Agreement. There was some discussion regarding the road improvement fees, and Mr. Testin said that the applicant did not think that the costs could be recouped, so he wanted the Village to take it. Staff said that the developer chose this land but was correct that the Village could pay for it and recapture in the future. A discussion ensued th regarding the dedication of the roadway as 50-feet at 127 Street. Mr. Philipchuck said that this was consistent with the other dedications given along this street, and Mr. Testin noted that the 150-feet would be for the WIKADUKE or similar roadways. Trustee Fay had a couple of issues regarding a previous Annexation Agreement approved, and the Site Plan Review was questioned. Mr. Harvey said that if the Annexation Agreement was specific, the stipulations would be required. If the Board gave some discretion, he said that there could be some ambiguity, and a discussion ensued regarding this. Mr. Philipchuck said that the Preliminary Plat would go with the Annexation Agreement. Trustee Fay was concerned with the motion to prepare ordinances for approval but not the specific development. Trustee Dement agreed with Staff that the developer should be obligated to the roads; this development needed roads and the developer should front the money. Trustee Racich asked if there was any discussion in the Community Development Department about raising impact fees, and Mr. Testin said that this was continuously Village of Plainfield Meeting Minutes ? June 19, 2006 Page 5 of 11 discussed, especially due to other amenities raising fees. However, he noted that Plainfield was currently the highest in the area. Trustee Dement said that, as fees were reviewed, these needed to be justified and brought forward. Mr. Testin said that this would be a strong discussion during budget times. A discussion ensued regarding the timing on road improvements, and Mr. Persons said that part of the difficulty was that control of the right-of-way was not given for undeveloped parcels of land that needed to be improved. He saw the concern regarding the cemetery, but felt the other properties should be covered by the developer. Trustee Dement felt that it was appropriate to escrow money, and Mr. Persons said that there was an offer to pay for the water main and sanitary sewer and recapture at a later date. Trustee Lamb said that the developer needed this to support a private park; he also suggested picking up half of the cemetery area. There was some discussion regarding talking to the owners of the cemetery; however, it was anticipated that nothing could be changed as it was already being used. Mr. Philipchuck further elaborated on what was being purchased in that area, and a discussion ensued regarding the use described in the Annexation Agreement. Trustee Fay said that he would prefer a public hearing be held before discussions, and Trustee Dement said that he had no problem taking his motion off of the table as he did not realize the public hearing had not been held yet. Trustee Lamb was in support of drafting the ordinance. Trustee Lamb moved to direct the Village Attorney to prepare ordinances for approval of the annexation agreement for Plainfield West; annexing the property; and special use for a Planned Unit Development for the Plainfield West for development of 240 single-family homes and a private th recreation facility on approximately 146 acres located south of Simons Road/127 Street and west of Gilmore Road. Seconded by Trustee Collins. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, no; Lamb, yes; 5 yes, 1 no. Motion carried. #7 KING?S BRIDGE ESTATES Trustee Fay moved to open a Public Hearing regarding the establishment of a Special Service Area for King?s Bridge Estates. Seconded by Trustee Collins. Voice Vote. All in favor, 0 opposed. Motion carried. Trustee Dement moved to adopt Ordinance No. 2563 authorizing Special Service Area Number 35 for King?s Bridge Estates. Seconded by Trustee Lamb. There was some discussion regarding legally amending a Special Service Area agreement. Mr. Harvey said that this could be done, but the developer owned the land now, and later the land would be owned by over 30 landowners that would require approval. He noted that people might not want to tax themselves and amending this would require a public hearing with all of the owners. Trustee Lamb said that he was worried about the agreement being a fixed dollar amount and the future value for what was needed. Mr. Testin clarified that the exact amount changed with the value of the property. Trustee Dement asked if the detention would be the greatest expense, and Mr. Persons confirmed that since the sidewalks, street, and mains were publicly owned, the detention would be the most costly. Village of Plainfield Meeting Minutes ? June 19, 2006 Page 6 of 11 Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. #8 NORMANTOWN PRAIRIE Trustee Fay moved to open a Public Hearing regarding the annexation agreement for the subject th property located on 127 Street, west of Route 30. Seconded by Trustee Racich. Voice Vote. All in favor, 0 opposed. Motion carried. th Trustee Collins said that the report reflected 60-feet of right-of-way along 127 Street. Mr. Persons said that the Village did request 60 feet from a previous applicant, and there were some concerns. So included here were the roadway improvements and easements. This was believed to be more than enough room for future turn lanes or improvements. Trustee Fay made a motion to direct the Village Attorney to draft an ordinance approving the th annexation and the annexation agreement for the subject property located on 127 Street, west of Route 30. Seconded by Trustee Collins. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. Trustee Fay made a motion to direct the Village Attorney to draft a special use ordinance for the th proposed PUD at the subject property located at 127 Street, west of Route. 30 Seconded by Trustee Dement. Trustee Lamb asked how the developer would control what was built if they only built the townhomes and sold the single family lots to other builders. The applicant said that the control would be in place by using the declarations and covenants as the plans would need to conform to the Village and the specific subdivision guidelines. There was some further discussion regarding the legal power of an Association?s architectural committee. The applicant said that general covenants were hard to enforce, but specific covenants allowed more control. He also did not think a building permit could be issued without meeting certain guidelines, and Mr. Testin confirmed that this was part of the new design guidelines. The Annexation Agreement allowed them to look for additional features, like pattern books. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. th Trustee Fay moved to approve the Preliminary Plat for the subject property located at 127 Street, west of Route 30. Seconded by Trustee Racich. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. ADMINISTRATOR?S REPORT No report MANAGEMENT SERVICES REPORT No report Village of Plainfield Meeting Minutes ? June 19, 2006 Page 7 of 11 ENGINEER?S REPORT No Report. COMMUNITY DEVELOPMENT REPORT Trustee Fay made a motion to direct the Village President to approve the purchase of the 2007 Ford Escape XLS from Rod Baker Ford totaling $15,320.00 for the Community Development GIS Division. Seconded by Trustee Dement. Mr. Testin confirmed that this was budgeted. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. Mr. Testin reviewed the proposed purchases for Toughbook laptop computers. Trustee Collins confirmed that there was an internal procedure for safe-guarding the units and the responsibility if lost. Trustee Lamb also confirmed that these would be wireless and would cover a large amount of area, also withstanding field use. Trustee Fay made a motion to direct the Village President to approve the purchase of 10 Panasonic Toughbook laptop computers totaling $43,340.20 for the Community Development Building Division. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. Mr. Testin submitted the Plan Commission Annual Report and said that it did not do justice to all of the work that was done. He commended the amount of time and effort put in. Trustee Lamb also submitted that the commission did an outstanding job and went in depth with the cases. Trustee Racich concurred and wanted a portion of a Committee of the Whole meeting dedicated to joint discussion with the Planning/Zoning Board and Board of Trustees to discuss philosophies. Trustee Manning said that the meeting would have to have an agenda so that direction could be given. There was a brief discussion regarding plans for a cemetery. PUBLIC WORKS REPORT Mr. Persons reviewed the proposed parking restriction ordinance update around Heritage Grove Middle School in Heritage Meadows. He said that the residents had requested that on-street parking be restricted on the north side of Pear Tree Way and Hemlock Drive. Trustee Fay made a motion to adopt Ordinance No. 2564 amending Chapter 5, Section 5-175 of the Code of Ordinances to restrict the parking along the north side of Pear Tree Way and Hemlock Drive. Seconded by Trustee Dement. Trustee Manning confirmed with Chief Bennett that this would be effective. Village of Plainfield Meeting Minutes ? June 19, 2006 Page 8 of 11 Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. Mr. Persons reviewed the 2006 MFT Street Maintenace Program, including the bidders and the streets to be resurfaced. Trustee Fay confirmed that the streets were all in the Village. Trustee Lamb asked about the difference in product between the different bidders, and Mr. Persons said that there should be no problems with quality. Trustee Lamb asked about a check after the work is done, and Mr. Persons said that this was not typically done on MFT as the field inspectors usually handled this. Trustee Dement made a motion to accept the low bid and authorize the Village President to execute a contract with James D. Fiala Paving to complete the 2006 MFT Street Maintenance Program at a total bid cost of $744,687.60. Seconded by Trustee Fay. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. Mr. Persons reviewed the lawn mowing equipment purchase needed to complete maintenance. The Village was looking to purchase this from Patten Equipment for $15,964.80. Trustee Dement made a motion to authorize the purchase of two Exmark Lawn Mowing Tractors from Patten Equipment at the total cost of $15,964.80. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. Trustee Racich asked if there was any update on permanent washroom facilities for Settlers Park. Mr Persons said that Staff was working on conceptual designs to be constructed in the Fall and opening in the Spring. Trustee Lamb also wanted to look into the maintenance of these as there were several communities that abandoned them. Mr. Persons wanted good/industrial lighting as well as cameras that might take some additional Staff coordination on securing. POLICE CHIEF?S REPORT Chief Bennett submitted the May 2006 Operations Report. Chief Bennett reviewed the water tower lease agreement for the wireless communication system for the Plainfield Fire Protection District. There was some discussion regarding how this worked and the money coming to the Village. Chief Bennett confirmed that the police had free internet access to the tower for the Village?s use. Trustee Fay made a motion to approve the lease agreement between the Village of Plainfield and Infinite Inet, Inc. Seconded by Trustee Dement. Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. ATTORNEY?S REPORT Mr. Harvey noted that some of that work by the Planning Commission would be cut back when the public hearing legislation on the governor?s desk was signed. The legislation stated that anything involving Special Use would be considered Administrative and handled differently. Village of Plainfield Meeting Minutes ? June 19, 2006 Page 9 of 11 Clerk Gibas reminded everyone of the Plan Commission Meeting on June 20; Lockport Streetscaping Committee on June 21; Historic Preservation Meeting on June 22; the Movie in Settlers? Park on June 23; and the Committee of the Whole Workshop on June 26. Trustee Dement moved to adjourn to executive session as permitted under the Open Meetings Act Section (2) (c) (1) ?to discuss the appointment, employment, compensation, discipline, performance, or dismissal of employees or legal counsel? not to reconvene. Seconded By Trustee Fay. Seconded Vote by roll call. Manning, yes; Collins, yes; Racich, yes; Dement, yes; Fay, yes; Lamb, yes; 6 yes, 0 no. Motion carried. The meeting adjourned at 9:01 p.m. __________________ Respectfully submitted, Laura Griffith -Recording Secretary Karick & Associates, Inc. Approved: Michelle Gibas, Village Clerk Village of Plainfield Meeting Minutes ? June 19, 2006 Page 10 of 11 VILLAGE OF PLAINFIELD PUBLIC HEARING JUNE 19, 2006 AT: VILLAGE HALL PRESENT: J.WALDORF, W.MANNING, M.COLLINS, J.RACICH, J.DEMENT, P.FAY, AND B.LAMB. ALSO PRESENT: J.HARVEY, ATTORNEY; A.DE BONI, COMMUNITY RELATIONS DIRECTOR; A.PERSONS, PUBLIC WORKS DIRECTOR; J.TESTIN, COMMUNITY DEVELOPMENT DIRECTOR; T.PLECKHAM, MANAGEMENT SERVICES DIRECTOR; D.BENNETT, CHIEF OF POLICE; M.GIBAS, VILLAGE CLERK;AND L.GRIFFITH RECORDING SECRETARY. KING?S BRIDGE ESTATES Mayor Waldorf called the meeting to order at 8:15 p.m. Present roll call stands. Mr. Testin announced that this was a public hearing being held in accordance with all applicable rules and regulations of the Village of Plainfield and the State of Illinois. There was no public comment. Trustee Fay moved to close the Public Hearing and return to the regular business meeting. Seconded by Trustee Dement. Voice Vote. All in favor, 0 opposed. Motion carried. The meeting adjourned at 8:17 p.m. Michelle Gibas, Village Clerk Village of Plainfield Meeting Minutes ? June 19, 2006 Page 11 of 11 VILLAGE OF PLAINFIELD PUBLIC HEARING JUNE 19, 2006 AT: VILLAGE HALL PRESENT: J.WALDORF, W.MANNING, M.COLLINS, J.RACICH, J.DEMENT, P.FAY, AND B.LAMB. ALSO PRESENT: J.HARVEY, ATTORNEY; A.DE BONI, COMMUNITY RELATIONS DIRECTOR; A.PERSONS, PUBLIC WORKS DIRECTOR; J.TESTIN, COMMUNITY DEVELOPMENT DIRECTOR; T.PLECKHAM, MANAGEMENT SERVICES DIRECTOR; D.BENNETT, CHIEF OF POLICE; M.GIBAS, VILLAGE CLERK;AND L.GRIFFITH RECORDING SECRETARY. NORMANTOWN PRAIRIE Mayor Waldorf called the meeting to order at 8:20 p.m. Present roll call stands. Mr. Testin announced that this was a public hearing being held in accordance with all applicable rules and regulations of the Village of Plainfield and the State of Illinois. There was no public comment. Trustee Fay moved to close the Public Hearing and return to the regular business meeting. Seconded by Trustee Dement. Voice Vote. All in favor, 0 opposed. Motion carried. The meeting adjourned at 8:21 p.m. Michelle Gibas, Village Clerk