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Home My Public Portal About11-17-2008 Village MeetingVILLAGE OF PLAINFIELD MEETING MINUTES NOVEMBER 17, 2008 AT: VILLAGE HALL BOARD PRESENT: J.WALDORF, W.MANNING, J.RACICH, L.VAUPEL (7:04 P.M.), J.DEMENT, AND B.LAMB. BOARD ABSENT: P.FAY. OTHERS PRESENT: A.HARRIS, ADMINISTRATOR; J.HARVEY, ATTORNEY; M.GIBAS, VILLAGE CLERK; D.WOLD, ENGINEER; AYERSONS, PUBLIC WORKS DIRECTOR; M.GARRIGAN, VILLAGE PLANENR; TYLECKHAM, MANAGEMENT SERVICES DIRECTOR; AND D.BENNETT, CHIEF OF POLICE. Mayor Waldorf called the meeting to order at 7:00 p.m. Roll Call was taken, Trustee Fay was absent and Trustee Vaupel arrived at 7:04 p.m., all other Trustees were present. There were approximately 85 persons in the audience. PRESIDENTIAL COMMENTS Mayor Waldorf: • Congratulated the Plainfield Park District for Renwick Community Park winning the $25,000 Staples Dream Park Challenge with the Chicago Bears. • Commended the Plainfield Rotary for hosting an Edward Hospital Presentation last week. Mayor Waldorf encouraged everyone to write to the Illinois Health Facilities Planning Board to support Edward Plainfield Hospital. TRUSTEES COMMENTS Trustee Lamb stated that GIS Day is coming up and encouraged everyone attend. Trustee Dement clarified that next week will be a Joint Meeting with Plainfield Township Board as well as the Plainfield Township Highway Commissioner. Trustee Dement asked for the following information to be made available: • Information on the Spur Line — is it needed, how many trains, and any chance of that line being terminated. • Screening of either a at -grade or grade- separated bridge • Noise deadening devices • A computer rendering of both the at -grade and grade- separated bridges PUBLIC ALERTS - None PUBLIC COMMENTS on items not on the Agenda (3 -5 minutes per topic) RESPONSE TO PRIOR PUBLIC COMMENTS — None this Meeting BUSINESS MEETING 1) APPROVAL OF AGENDA Trustee Lamb moved to approve the Agenda. Seconded by Trustee Dement. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. Village of Plainfield Meeting Minutes — November 17, 2008 Page 2 of 7 2) CONSENT AGENDA Trustee Dement moved to approve the Consent Agenda to include: Minutes of the Board Meeting held on November 3, 2008; Bills Paid and Bills Payable Reports for November 10, 2008; Cash & Investments, Revenue, and Expenditure Reports for October 2008; Authorizing the purchase of property adjacent to 119th Street and 11912 S. Spaulding School Drive (PIN #07- 01 -27- 102 -009), for the purpose of 119th Street improvements, at an appraised value of $51,000; Authorizing the purchase of property adjacent to 119t11 Street and 11909 S. Spaulding School Drive (PIN #07- 01 -27- 101 -012), for the purpose of 119th Street improvements, at an appraised value of $47,300; Authorizing Change Order #1 for the 2008 Sidewalk Program allowing A &R Cement, the lowest bidder, to install sidewalk adjacent to Van Dyke Road north of the Heritage Meadows School at a total cost of $27,693.18. Seconded by Trustee Racich. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. 3) LAKE MICHIGAN WATER AMENDMENTS Trustee Dement moved to approve, and authorize the Village President to execute, an Amendment to the Water Delivery Agreement (dated November 17, 2008) with the American Lake Water Company. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. Trustee Dement moved to approve, and authorize the Village President to execute, an Amendment to the Water Transportation Agreement (dated November 17, 2008) with the Illinois - American Water Company. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. 4) WASTEWATER TREATMENT AGREEMENT Trustee Dement moved to approve, and authorize the Village President to execute, a Wholesale Wastewater Treatment Services Agreement (dated November 17, 2008) with the Illinois- American Water Company. Seconded by Trustee Racich. Vote by roll call. Manning, yes; Racich, yes; Vaupel, no; Dement, yes; Fay, absent; Lamb, yes. 4 yes, 1 no, 1 absent. Motion carried. 5) ZONING ORDINANCE TEXT AMENDMENT (CASE #: 1427- 091708.TA) Trustee Lamb moved to approve the proposed text amendments to Article II: General Provisions, Article V: Residential Districts, Article X: Fences, Article XI: Signs, Article XIII: Site Plan Review, Article XV: Historic Preservation, Article XVI: Definitions. Seconded by Trustee Manning. Trustee Dement questioned temporary signage for multi- tenant buildings. Mr. Garrigan stated that currently only one temporary sign is allowed per building; staff is not proposing any changes to that section of the ordinance. Trustee Lamb stated that he is more inclined to allow more temporary signs rather than the 32 square foot sign. Mr. Garrigan stated that the proposed change is consistent with requests that the Planning Department has received. Trustee Dement suggested considering this for 6 months to a year and would like to revisit it after that time. Vote by roll call. Manning, yes; Racich, yes; Vaupel, no; Dement, yes; Fay, absent; Lamb, yes. 4 yes, 1 no, 1 absent. Motion carried. Village of Plainfield Meeting Minutes — November 17, 2008 Page 3 of 7 6) ROUTE 30 DESIGN GUIDELINES Trustee Lamb moved to adopt Resolution No.1567, adopting the Route 30 Design Guidelines. Seconded by Trustee Dement. Trustee Lamb thanked staff for making the changes. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. 7) FAIRFIELD RIDGE PD AMENDMENT (CASE # 1420- 082008.SU/PP /SPR) Trustee Manning moved to adopt Ordinance No. 2806, approving a major change to the Planned Unit Development for Fairfield Ridge to permit a mix of townhome and duplex housing units in place of a portion of the previously approved single- family- detached homes. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, no; Vaupel, abstain; Dement, no; Fay, absent; Lamb, yes; Waldorf, yes. 3 yes, 2 no, 1 absent; 1 abstain. Motion carried. Attorney Harvey pointed out that the abstain vote goes with the majority. Trustee Manning moved to approve the preliminary plat of subdivision for Fairfield Ridge, located generally north of Lockport Street and west of Van Dyke Road, subject to the stipulations noted in the staff report. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, no; Vaupel, abstain; Dement, no; Fay, absent; Lamb, yes; Waldorf, yes. 3 yes, 2 no, 1 absent, 1 abstain. Motion carried. Trustee Manning moved to approve the site plan review for the proposed townhomes at Fairfield Ridge, subject to the stipulations noted in the staff report. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, no; Vaupel, abstain; Dement, no; Fay, absent; Lamb, yes; Waldorf, yes. 3 yes, 2 no, 1 absent, 1 abstain. Motion carried. Trustee Lamb asked the applicant clearly communicate the costs of maintaining the common areas with the Homeowners Association. Trustee Dement asked if there had been a resolution to the existing homeowner's problem. Mr. Steve Gregory, James McNaughton Builders, stated that there have been no further discussions about monetary concessions at this time. 8) BOUGHTON FARM (Case #1411.70308.AA.SU) Trustee Lamb moved to adopt Ordinance No. 2807, authorizing the execution of an annexation agreement for the Boughton Farm. Seconded by Trustee Racich. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. Trustee Dement moved to approve the Concept Plan A (Concept with the stub road) for Boughton Farm located at 127t11 Street and Book Road. Seconded by Trustee Lamb. There was some general discussion regarding the stub road as shown on Concept Plan A. Planner Garrigan pointed out that the Wheatland Highway Commissioner was not supportive of the stub road. Trustee Vaupel and Trustee Racich did not support the stub road. Chief Bennett stated from a safety standpoint the road should be designed so that a connection could be made. There are advantages to having the stub road. Village of Plainfield Meeting Minutes — November 17, 2008 Page 4 of 7 There was some general discussion regarding the alignment of Book to the development to the south. Mr. Garrigan pointed out that this is a concept and the traffic committee and Baxter and Woodman approved the alignment. Trustee Vaupel and Trustee Racich indicated that Book Road should be aligned. Vote by roll call. Manning, yes; Racich, no; Vaupel, no; Dement, yes; Fay, absent; Lamb, yes; Waldorf. 4 yes, 2 no, 1 absent. Motion carried. 9) EATON KROUGH FARM (Case #1412- 070308.AA) Trustee Manning moved to adopt Ordinance No.2808, authorizing the execution of an annexation agreement for the Eaton Krough Farm. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. 10) UPDIKE FARM Trustee Vaupel moved to open a Public Hearing regarding an amendment to an Annexation Agreement for the Updike Farm. Seconded by Racich. Voice Vote. All in favor, 0 opposed. Motion carried. Trustee Manning moved to direct the Village Attorney to draft an Ordinance amending the Updike Annexation Agreement. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, no; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 4 yes, 1 no, 1 absent. Motion carried. Trustee Manning moved to table items b and c. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, no; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 4 yes, 1 no, 1 absent. Motion carried. 11) COMMUNITY GUIDE Trustee Dement moved to approve Heritage Corridor CVB /Adventure as the print vendor of the 2009 Community Guide. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. ADMINISTRATOR'S REPORT MANAGEMENT SERVICES REPORT Trustee Lamb moved to acknowledge the preliminary estimate of the 2008 tax levy in the amount of $6,228,919. Seconded by Trustee Dement. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. ENGINEER'S REPORT No Report. COMMUNITY DEVELOPMENT REPORT No Report. Village of Plainfield Meeting Minutes — November 17, 2008 Page 5 of 7 PUBLIC WORKS REPORT No Report. POLICE CHIEF'S REPORT Chief Bennett presented the Operations Report for October 2008 LIQUOR COMMISSIONER REPORT Trustee Dement moved to adopt Ordinance No 2809, increasing the Class "N" Liquor Licenses from zero (0) to one (1) for Hospitality Group dba Limestone Restaurant and Brewery. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. Trustee Dement moved to adopt Ordinance No. 2810, increasing the Class "K" Liquor Licenses from eight (8) to nine (9) for Hospitality Group dba Limestone Restaurant and Brewery. Seconded by Trustee Lamb. Vote by roll call. Manning, yes; Racich, yes; Vaupel, yes; Dement, yes; Fay, absent; Lamb, yes. 5 yes, 0 no, 1 absent. Motion carried. ATTORNEY'S REPORT Attorney Harvey stated that Executive Sessions do not need to be on the agenda prior to going into the Executive Session and they can be called for at any time during the meeting. Trustee Dement asked Attorney Harvey to provide an update to pending litigation by the end of the year. Mayor Waldorf read the reminders. Trustee Dement moved to adjourn. Seconded by Lamb. Voice Vote. All in favor, 0 opposed. Motion carried. The meeting adjourned at 8:45 p.m. Michelle Gibas, Village Clerk Village of Plainfield Meeting Minutes — November 17, 2008 Page 6 of 7 VILLAGE OF PLAINFIELD PUBLIC HEARING NOVEMBER 17, 2008 AT: VILLAGE HALL BOARD PRESENT: J.WALDORF, W.MANNING, J.RACICH, L.VAUPEL, J.DEMENT, AND B.LAMB. BOARD ABSENT: P.FAY. OTHERS PRESENT: A.HARRIS, ADMINISTRATOR; J.HARVEY, ATTORNEY; M.GIBAS, VILLAGE CLERK; D.WOLD, ENGINEER; AYERSONS, PUBLIC WORKS DIRECTOR; M.GARRIGAN, VILLAGE PLANENR; TYLECKHAM, MANAGEMENT SERVICES DIRECTOR; AND D.BENNETT, CHIEF OF POLICE. UPDIKE FARM Mayor Waldorf called the meeting to order at 7:50 p.m. Present roll call stands. Planner Garrigan stated that the applicant is seeking an amendment to the original annexation agreement for the Updike Farm which was annexed into the Village in 2004. The original applicant was Hartz Construction. After receiving a favorable recommendation from the Plan Commission, Hartz Development withdrew their applications. The current applicant is Macom Development and Hartz Construction has made it clear to staff that they have no intent or interest in proceeding with their previous application which was considered by the Plan Commission. Based on Staff s understanding of the applicant's request, they are seeking approval of a Special Use and approval of the Concept Plan consistent with what was approved by the Plan Commission. Mr. Paul Lehman, President of Macom Development, stated that they are petitioning the Board to amend their annexation agreement that follows the recommendation to the Plan Commission. Trustee Manning questioned if the applicant was currently in litigation with Hartz Construction. Mr. Lehman stated that there is currently litigation regarding earnest money. Trustee Manning asked Attorney Harvey what position the Village would be put in if the request was approved. Attorney Harvey stated that he believes that the Village would be put at additional risk. The Village could be called as a witness, but should try and avoid being a defendant in terms of favoring one party over another. Attorney Harvey pointed out that tonight's vote is just to direct the Village Attorney to draft ordinances. Formal action is not taken until the ordinances come back to the Board for approval. Attorney Harvey read a memo from John Murphy, Attorney for Hartz Construction. The memo is attached to the minutes. Trustee Dement stated that he found it troubling that Hartz was approved and not Macom. Would Macom have to petition in their name with their own drawings? Mr. Harvey stated that he is not aware of what the contractual obligations or relationships are between the engineers and designers. Administrator Harris stated that the facts of the case are the applicant came before the Board in October with a recommendation of denial as it was as Trustee Dement suggested a continuation of someone else's product and what was requested at that point was that the Village would not hear a continuation of someone else's product and when we sat down with Hartz Construction, we clearly identified that would not take place in the Village of Plainfield. After that, the owner of the property Village of Plainfield Meeting Minutes — November 17, 2008 Page 7 of 7 brought forth an amendment to the Annexation Agreement, has filed, and has submitted to the Village an annexation agreement that the staff has previously supported, and continues to support as a desirable amended annexation agreement because it provides a utility corridor through the current development, it provides access to 143rd Street identified in the Village Transportation Plan, and ultimately has a less dense or desirable density, and a desirable land plan concept that puts the Village in a better negotiation period moving forward. We do not expect this to be signed by the petitioner at this point, it is a desirable annexation agreement for the Village and sets the tone of what we are looking for along our 143rd Street corridor and meets the obligations that the Village will ultimately have to live up to regarding other annexation agreements approved in the area. What we are looking for this evening is direction on the amended annexation agreement that staff has identified is desirable to the Village. In terms of litigation, that is a private matter amongst the two parties that we are not party to, have not seen the contract, and have not been named in the lawsuit. Trustee Racich stated that legal counsel stated that the Village will be a party to a lawsuit and why should the Trustees put themselves in that position. Hartz and Macom need to work this out. Mr. John Philipchuck, attorney for Macom, stated that he likens the situation to a family dispute. It is not the intent to drag the Village into it. The issue is that Macom owns a majority of the property and would like the Board to amend the annexation agreement. There are distinct advantages to this amendment. Until all parties agree, then it won't happen. If the Board is willing to say they support it, then we still need to be agreed to by the other parties. They think they can come to an agreement with Hartz Construction. Trustee Dement asked the applicant if they would agree to indemnify the Village for fees or costs to be paid by Macom in the event the Village is dragged into a lawsuit. Mr. Philipchuck stated that they would come back with that answer. Trustee Lamb indicated that there are definite benefits to the Village to provide the support and he is not opposed to the concept. Trustee Dement agreed and felt that indemnification was extremely important. Administrator Harris stated that the Village should be able choose the attorney. Trustee Racich stated that it is ridiculous to put in to an agreement on who is going to defend. This is an accident waiting to happen. Let Hartz and Macom come to an agreement and then bring it back to the Village Board. Trustee Manning moved to close the Public Hearing and return to the regular business meeting. Seconded by Lamb. Voice Vote. All in favor, 0 opposed. Motion carried. The meeting adjourned at 8:23 p.m. Michelle Gibas, Village Clerk