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Minutes COW 5-17-2010Committee of the Whole May 17, 2010 7:00 p.m. A meeting of the Village of Lemont Committee of the Whole was held on Monday May 19, 2010 in the Board Room of the Village Hall at 418 Main Street in Lemont, Illinois. CALL TO ORDER Mayor Reaves called the meeting to order at 7:00 p.m. and acknowledged that the following were present: Trustees Ron Stapleton, Debbie Blatzer, Paul Chialdikas, Cliff Miklos, Rick Sniegowski and Jeanette Virgilio were present Also present were Village staff members Ben Wehmeier, Ralph Pukula, James Brown, Charity Jones, George Schafer, Ed Buettner, Chief Kevin Shaughnessy and Village Attorneys Dan Blondin and Jeffery Stein DISCUSSION ITEMS Discussion of Prairie Ride Townhouse Rezoning Mr. Brown gave a brief history of this project that was approved in 2005 and annexed in 2006 for 10 single family homes. The applicant is now requesting to modify plans to 21 townhomes. Staff does not recommend approval since this does not meet the comprehensive plan. Petitioner, Bob Hansen, said he submitted this analysis for his position which would be open for discussion. Mayor Reaves said he understands that the market is in poor shape, but the approval of the original 10 homes was a battle with the adjoining property owners in the township area. Mayor Reaves stated Townhomes just do not fit the comprehensive plan and the Board would still only approve the 10 single family homes. If this were up for a Board vote it would be denied. Bob Hansen asked the Board to review the points made and what is not valid. Trustee Miklos stated that there are no townhomes in that area. Trustee Blatzer Stated that the townhomes would increase density in an area that is now single family homes with large lots. Trustee Blatzer stated we should not place townhomes where we do not need them and this is not the best use for that property. Mayor Reaves explained that Mr. Hansen is not the only one being turned down for townhomes. Carroll Cunningham approached the Board and handed out packets. Mr. Cunningham stated that all the people in the area of this property still object to the 10 single family homes. He also claims that there was false information on the original submittal showing Mr. Hansen's property being surrounded by vacant land. Mr. Cunningham says that everyone around the property has .99 acres each and claims townhomes, even 10 single family homes, will affect their properties. The main concern of the adjoining owners is the stability of the retention ponds (referring to a failure of a retention area on Timberline Dr.) Mayor Reaves stated the Village understands their concerns and says that all engineering will be approved and correctly in place. Discussion was closed. Discussion of Woodglen PUD Variation Charity Jones opened discussion for variation request of Donven Homes to allow for side lot variation of 3 lots. This variation affects front lots only, not rear. Trustee Blatzer asked if the width is being changed on both sides of building. Charity stated that no lots with the variation were adjacent to each other. Mayor Reaves stated that the Board sees no issue with this request. When opened for audience discussion Mrs. Nancy Jones from 865 Woodglen voiced a concern regarding the emergency access gates at the end of First St. and after lengthy discussion was advised that the gates are a breakaway type for emergency vehicles to get through if the main entrance to the subdivision was blocked. She was also advised that both Public Works and The LFPD has the keys to the lock. Discussion was closed. Discussion of 1100 Hermes Variation Charity Jones opened discussion for the variation request for an additional 5 foot height allowance for a detached garage. Charity stated that it did meet the criteria and was approved by the P&Z. This is a large lot (3.5 acres). Trustee Chialdikas asked to see a photo of the proposed home remodel. Trustee Virgillio also asked where the garage will be on the lot and if a site plan was available for viewing. Contractor Ken 1VIcKlafferty provided house plans to the Board. Mayor Reaves asked if there were any further questions. Discussion Closed. Discussion of Agricultural use in R-4 -Glen Oaks Estates Jim Brown opened discussion for the change of zoning to allow farming in R-4. Glen Oaks was originally a 3 phase subdivision. The new owner now is proposing a 5 phase plan with fewer units and would like to start first phase this year. The remaining four phase areas would be farmed. Zoning change would allow farming of lots over 5 acres. This area is not recorded as subdivided yet. Trustee Sniegowski asked if in development, would they need to develop entire area first or by each phase. Jim Brown stated phase by phase. Trustee Sniegowski then asked how we could avoid this again in R-4. If it is graded in increments, it would help. Jim Brown stated the first phase is storm water detention and development at the corner of Parker and 131St. Trustee Blatzer asked what they would farm. Jim Brown answered alfalfa, similar to Rolling Meadows subdivision. Trustee Stapleton then brought up the discussion for the change of taxes that would occur. Trustee Blatzer requested a timeline of the phases and Jim Brown stated there was no timeline. Applicant attorney John Antonopoulos gave a brief background on the property. Trustee Sniegowski asked what constitutes farming. Mr. Antonopoulos answered Growing crops. Trustee Miklos asked if the entire property had to be farmed and Mr. Antonopoulos answered only tillable ground. No mature tree areas. Trustee Stapleton brought up a question on taxes and Mr. Antonopoulos stated they just got the taxes lowered. Mayor Reaves stated that we have someone to pay taxes to the school and if storm water is handled then this shouldn't be an issue. Steve Rosendal brought up discussion from township meetings and the timing of the first PUD approvals. If this was not built in one or two years is the PUD null and void. He asked if the PUD had been renewed and kept the same. Mr. Rosendal stated that this project was difficult to approve initially and voiced his concern about the phase development with road improvements. Mr. Rosendal also voiced concern regarding farm equipment being present. Jim Brown stated that the PUD is tied to the annexation agreement and would be renewed. Trustee Stapleton asked if the PUD included a light at the intersection. Mayor Reaves added that Paradise Park was to contribute to the light. Trustee Blatzer asked when road improvements would begin. John Antonopoulos answered in phase 3. Mr. Antonopoulos also added that there are several farms already on 131St St. Jeanette Debaris stated that when property was annexed there were certain rules and she was concerned about the lot size. She asked if the subdivision was not recorded after one year would the plan go away. John Antonopoulos stated that was not in the annexation agreement. Mayor Reaves stated the original petitioner foreclosed and the new petitioner can renew. Mayor Reaves stated that we will work with the developer to get this project moving. Any other questions. Jeanette Debaris asked that, if allowed in phases, how will drainage be done. Her property is lower, where will the water go? She is absolutely opposed to this way (phases) for 3 reasons. 1) Monetary things will not be paid up front. 2) Changes zoning to agricultural. 3) Changes taxes by rezoning to allow developer to save money to build. She claims they have asked for a comprehensive drainage plan and have seen nothing. John Antonopoulos stated the annexation agreement has no sunset clause and the Village has no authority to change the plan. They can only ask for modifications. The township has already reviewed site engineering. Mike Schakel stated that traffic is also a big issue and is happy that first phase would cover that. He then asked if his neighborhood would spend the next 20 years listening to houses being built. Mayor Reaves answered yes; Covington Knolls has 400 homes and was approved in the 70's. Phase 7 is just now being completed. Mr. Schakel asked if there was a time frame. Mayor Reaves stated that phases cannot be built without homes being sold. Jim Brown stated that homes will be built based on market demand. Mr. Schakel then asked if one phase would have to be completed before another phase could be started and was told yes, like Covington Knolls. Greg Nicolas added that he was concerned about drainage as well. He asked if subdivision drainage would alleviate current drainage issues. John Antonopoulos answered that each phase will have its own detention. Jeanette Debaris again brought up the annexation agreement and any changes being made. Mayor Reaves stated that there would be a public hearing on that. Trustee Sniegowski added that this is not a public hearing so she should submit concerns in writing. He also added that we should only be addressing the farming issue and let the other issues be addressed at the public hearing. Trustee Sniegowski ended the discussion with a statement concerning the request of no letter of credit, He stated that when the grading operation starts we need assurance that it will be followed through. Discussion of Special Use Request for Outdoor Storage at 10990 S Archer Charity Jones opened discussion regarding the request of special use for outdoor storage. The Staff recommended approval of special use on a 2 year term and must revisit every 2 years. Trustee Sniegowski asked if that language would be included. Charity Jones added that there would not be a public hearing every two years and fence screening would be added to obstruct view. Trustee Sniegowski asked Village attorney Dan Blondin if this use would have to have expiration. Attorney Blondin stated the two year expiration is a better idea. Discussion of Lemont Township Request for Fence Variation Charity Jones opened discussion regarding request for fence variation. She stated that this is a unique situation in existing non-conforming use and would conceal operations. The P&Z recommended adding landscaping along fence. Steve Rosendal stated this would not be a problem and asked who the Village arborist was. Charity Jones answered Chuck Stewart. Discussion closed. Discussion of updated LEMA and EOC Ordinance Tom Ballard opened discussion that the Ordinance has not been updated in a long time and is needed to be brought up to date for NIMS. No questions on this Ordinance. Discussion also raised on the approval for CITGO request to use Lemont EOC at the new Police Facility or Village Hall. Administrator Wehmeier stated this will be brought through as a MOU with CITGO. Discussion of Administrative Bonding Fee Draft Ordinance Administrator Wehmeier opened discussion for Ordinance to add fees to cover costs associated with arrests and taking an officer off the street. Attorney Blondin added that since we are not Home Rule we can amend municipal codes and propose fees for bonding. No questions, discussion closed. Discussion of COMED Annual Report Administrator Wehmeier opened discussion and explained that COMED gives a status report of down time average and what went wrong. The 2009 report was handed out and showed better than average for the year. Unfinished Business No Unfinished Business New Business Trustee Virgillio announced that a group is interested in holding a cycling event in town on July 10. She stated this event attracts about 5000 people. Discussion arose about some problems that Downers Grove had with Business owners and street closures. Administrator Wehmeier was concerned that Heritage Fest was the same day. More discussion was made and Administrator Wehmeier inquired if they would cover all costs for LEMA and staff. Mayor Reaves closed New Business with the announcement about Cops On Top this Friday at the Dunkin Donuts in Derby Plaza. Audience Participation Nancy Schakel raised concerns about flooding on 1315 St. Residents were told it was a county issue and then told it was a Village issue. Public Works Director Ralph Pukula stated that 131St is a County Road. Steve Rosendal added that the flooding was caused by Village projects though. Nancy Schakel asked if there was a bond posted by Archon. Director Pukula advised Nancy that he would check into that and get back in touch with her. ADJOURNMENT Mayor Reaves adjourned the meeting at 8:55 PM