Winfield United - For a Better Community

Levan-Plan comm. Met on Wed. 01/05 for Russo/Marion St. property re-zoning to r-1. Public hearing cont’d again to 02/05.

Village Hall will be ready to accept petitions for April Election beginning on Jan 17th.

Bianco gave 20 minute explanation because he could tell that most of us had not attended board meetings in the past and may not be familiar with why the Village requested this study. Study was commissioned to determine whether we had the capability to provide sewer/water service to those in the planning area that currently did not have Village sewer/and water and what the cost would be to run service to those areas. Currently our agreement with West Chicago sanitary district is for maximum capacity of 1.7 MGD (million gal per day) and we are already running at 1.3 MGD. Study divided Village plan area into 2 sections, north and south. Option S1 was for all of the southern area going directly to West Chicago and the northern area going to Carol Stream or Wheaton. Option S2 was for part of the southern area to go to Wheaton (this included the Woods of Cantigny). Not much discussion from a 30 minute presentation.

Susan and Ken Nigro, 1 S 012 Normandy Woods Lane. Petitioners request variance for an 8’ high fence along property line on Roosevelt road. Ordinance allows for only 4’ fence. Petitioners want to buffer traffic noise and are concerned about safety of their small children. Several Trustees want fence run the whole length of the property line along Roosevelt road. Moved to ZBA.

Creekside Partners / Forest Glen Development Proposal. Notes are not as good since Mr. Russo talked way to fast. Concept plan requests R-7 zoning which Mr. Russo helped draft. Not much on the zoning discussed. Proposed development on Highlake road between the current Highlake Condos and Proseks greenhouse. Property previously owned by District 94. Development will be called Shelburne Farms. Consists of 64 condos at approx 1400 sq ft each with price range 250k-260k. 191 Townhomes approx 2200 sq ft each starting in low 300k’s. 5 story building!!!! 55’ft tall. Kimball Homes will be the builder. Will be approx. $75,000,000 in assessed value to the village. Alleys between buildings. Phase 1 to begin early fall with 71 townhomes and 2 condo buildings to start. Approx 21% of area will be open space. Lake w/waterfall and walking trails.

This discussion was interrupted by Trustee Machowiak who objected to the fact that Winfield United was taping the meeting. A written request by Winfield United had been submitted to the Village Manager but no answer was given as to whether taping was permitted. Attorney Moss said that since there was no “policy or guidelines currently in place” the board would have to vote on whether to allow the video taping to continue. Moss also stated that rules and policies would have to be put in place in order to govern future video taping. Trustee Machowiak moves to stop video taping. Vote for: Levan, Machowiak, Bianco. Against: Pettiti, McClow, Czech. Kirschbaum votes against and breaks tie. Video taping by Winfield United is allowed for remainder of evening. McClow moves to amend agenda and place issue under Communications.

Steve Romanelli, President of Winfield United stated that no offense was meant by the video taping and the object of the taping was to allow the members of WU and the general public who could not attend the meeting the opportunity to view and hear what was happening in the Village. No disrespect was meant nor interruption of meeting.

Cliff Mortenson commended public works for a job well done on the snow removal. Wants to do something for the public works staff. Kirschbaum said it could be left with the village hall receptionist and they would see that staff gets it.

Jack Bajor requested copy of the FPA Sewer/Water study compiled by Metcalf & Eddy.

B. Approval of Regular Board Minutes dated December 16, 2004; Approval of Committee of the Whole Minutes dated December 16, 2004.

1. Approval of an Agreement with the Illinois Criminal Justice Information Authority for a grant for a Live Scan system.

Cost 12,700. This replaces the old fashioned ink fingerprinting and processing is of fingerprints and mugshots is done within hours instead of weeks. Results are integrated into the county and state system for much more thorough coverage. Unanimously Approved.

1. Approval of the Waterford property design contract - Gary Weber and Associates.

Current lease $141/mo. New color printer, copier, scanner, fax which has network capabilities is $232/mo. Unanimously approved.

A. Mandatory Connection to the Village Water System – Amendment to Village Code.

D. Review of re-roofing the main Public Works building and re-roofing and re-skinning the Public Works accessory building – Sente-Ruble.

Trustee Czech brought up the fact that there are applications on file for committee openings yet the applicants have not been called for interviews or even called. Czech was not happy with the fact that Volpe’s application for the Police and Fire Board was only 2 weeks old and did not like the fact that certain applicants were “solicited” by trustees when qualified applications are on file. Kirschbaum stated that it was his presidential right to fill positions and that he was not “required” to conduct interviews.

Czech has no problem with video taping. Thinks it is time the Village moves forward and gets this done.

Pettiti has no problem with video taping but did state that a request at the meeting to allow it would have been better.

McClow stated that they had been talking about having meetings videotaped for the lst 7 years but technical and cost issues have always prevented this form happening. Thinks a camera should be mounted on back wall.

Machowiak still irate about taping but said that the “taping” was not the issue. He is proud of what the board does as a whole and how well they work as a team but rules need to be set for video taping. What if there are 10 people in there trying to tape? Where will they fit? It is disruptive and a safety issue. Does not want private parties to have the right to tape meetings. Thinks they should get equipment and have staff tape so that it is the “official record” of meetings. “Who knows what private parties will do with the tapes. I certainly don’t want to end up like Paris Hilton on the internet.”

Kirschbaum is currently working with Comcast to see what can be done. Current cable channel does not have the ability to broadcast the meetings.

Storage of RV’s, boats, ATV’s etc limited to 1 per lot and must be registered in the name of the homeowner. Must be on a concrete or gravel improved site and minimum set back beginning with front line of house. Guests would be allowed to park vehicles for 14 days. Ordinance regarding antique vehicles would require current registration and prohibit vehicles w/out current registration of 25 years or older.

2. Review of an Ordinance Amending the Zoning Ordinance of the Village (Tree Preservation / Replacement of Trees).

Funds contributed by builders as a result of development would be used at locations determined by village.

3. Review of an Ordinance Amending the Zoning Ordinance of the Village (Average Front Yard Setback, Electronic Copies).

Current averaging law can be burdensome for redevelopment. Recommendation by staff is that the minimum set back for redevelopment should not exceed the minimum zoning set back by 25%. IE: if zoning for area is a 40’ minimum setback but averaging law calculated by houses in neighborhood is 60’ than the minimum setback required would be 40’ + and additional 25% or 10’. So minimum set back required would be 50’ instead of 60’ required by averaging law. Levan wants at least 50% or wants to go to the minimum setback required by the current underlying zoning district. MCClow agreed. Kirschbaum wants to look at ordinance and what other towns are doing. Back to board at later date.

Phase II of work is to combine the 1994 and 2001 comprehensive plan into one plan document.

5. Review of a Resolution Approving a Declaration of Official Intent Regarding Certain Capital Expenditures to be Reimbursed from Proceeds of an Obligation (To Reimburse T.I.F.)

Reimbursement from TIF funds that were originally paid from the general fund will be allowed.

1. Review of the annual contribution to IRMA in the amount of $101,732.contribution is actually $143,000 but village has credit of $41,000 so amount to be paid is $101,000.

2. Review of a request for funding for the Monroe Middle School/Wheaton/DuPage County Overpass.

Proceeds from sale of confiscated vehicles up to the amount of $10,000 will be given to the overpass fund through fiscal year 2005.

Cliff Mortenson expressed concern over videotaping of meeting. Didn’t want his address on videotape for all to hear. (Currently Village audiotapes so record is public knowledge and that his address is published on the village website in the minutes to the meetings. )

Peter Dopper on behalf of 90 residents of the Highlake condos expressed the fact that they did not like the density of the proposed development and would like to see the comprehensive plan followed. Stressed the fact that they were not against development but were against the density of the development. Urged the Trustees to review proposal and reconsider the density and height of proposed buildings.

Bianco, Levan and Machowiak continued to comment on the videotaping of meetings.

Trustee Pettiti once again told Mr. Russo she did not like the 5 stories on the concept plan for Highlake.

Trustee Czech also stated that he did not want 5 story buildings in Winfield nor did he want zoning that permitted the opportunity for builders to request 5 story buildings.

Notes taken by Bob Hall are shown in blue.

AGENDA

VILLAGE BOARD MEETING,

COMMITTEE OF THE WHOLE MEETING,

AND EXECUTIVE SESSION

THURSDAY, JANUARY 20, 2005

The attire for this meeting was more formal than most. Every male Board member wore a tie except Trustee Czech. Trustee Bianco and Levan wore suits. Coincidently, a tripod and video camera was set up in the next to last audience row. A person wearing a shirt with “Channel 17 Public Access Television West Chicago” on the back manned this camera.

I. Call to Order

Meeting began promptly at 7:00 PM.

II. Pledge of Allegiance

III. Roll Call

IV. Trustee Reports

Trustee Bianco said discussion with financial consultants is underway regarding refinancing to take advantage of continuing low interest rates. This will likely come to the Board in mid Feb

Trustee Levan reported that the Plan Commission unanimously approved Mr Russo’s proposed development west of Highlake Condominiums called Shelburne Farms the night before. According to Trustee Levan there was no public comment. This is a little puzzling in view of the petition presented to the Board at the last meeting against this development that was signed by 89 residents of Highlake Condominiums. The basis for this objection was that the Village was violating it own Comprehensive Land Use plan once again. Perhaps the residents have given up after being ignored by their government representatives on this issue over and over?

Trustee Czech reported on the most recent Mayors and Managers meeting indicating that a copy of the agenda and meeting results were being filed with the Village. Trustee Czech has been the Winfield representative for these meetings for many years. The Mayors and Managers of surrounding communities regularly attend whereas Winfield is unique in consistently having a Trustee as its representative. This has permitted Trustee Czech to develop strong relationships with governmental leaders of the surrounding communities.

V. Reports of other Village Officials

A. Village Clerk

No Clerk.

B. Village Manager

No formal report.

C. Village Attorney

No formal report

D. Village Treasurer

No formal report.

E. Village President

1. Review of Draft Video Tape Policy

After many years of claiming to be pursuing video taping and broadcasting of Village Board Meetings, the Village is finally moving forward after Winfield United for a Better Community forced the issue by videotaping the last Village Board meeting as permitted under the Illinois Open Meetings Act. Even Trustee Bianco gave credit for videotaping of the last meeting as the impetus to get this issue moving. Perhaps he was trying to offset the fact that he along with Trustees Levan and Mackowiak voted against the taping at the last meeting. Now that this train is rolling down hill all have jumped on board.

Village Manager, Gordon Cole, presented a draft videotape policy. He noted that a representative of Cable\com was recording the meeting tonight. Any interested person can request a copy of the tape. The cost of a copy is only the expense of making the copy. A copy will be available in 7 days for those that request it. This is just a temporary situation as Gordon hopes to be able to send the videos to Cable Channel 10, which now only lists written public announcements. Gordon explained that the surrounding communities were doing this along with televising high school football games, school plays, etc. He suggested that since Winfield students attend these same schools Winfield could participate by televising these school activates as well. It seems that Winfield Untied has potentially opened community television for Winfield. We will have to wait and see if this actually is accomplished or if as in the past it remains on the agenda for future action.

Trustee Mackowiak stated a concern about residents being videotaped without their knowledge. Given the obvious large tripod and commercial camera, it difficult to understand how it could be done without anybody’s knowledge. (?)

The draft policy is conservatively written with many restrictions. Resident Stan Zegel pointed to some of these restrictions that he considered unnecessary. These included: the need to register when the open meetings act permits it, why not share electrical and sound hookup if the Village wants to encourage openness, the need to be more specific on the tripods limit, and stream the video to village website instead of providing copies a week later.

2. Swearing in of James Frank Volpe, Police and Fire Commission

Mr. Volpe is a 25 year resident of Winfield. He has a law degree and is a member of the Wheaton Police Department.

3. Update on Pedestrian Underpass

Federal Money is approved but there is still 4 to 6 weeks of bureaucracy to be completed. State money is approved but being held up by the Governor along with other Illinois First funds, including funds approved for School District 34. President Kirschbaum suggested that any interested party should write the Governor and urge him to release these funds. He offered addresses and more information for anyone interested in writing.

4. PUBLIC HEARING – Fisher Farm Development – amendment to annexation agreement

Court Airhart gave an overview of the agreement that includes impact fees totaling about $500,000. In response to a question from resident Deborah Birutis, Trustee Bianco said these impact fees would go to the Village’ general fund. Mr. Airhart said these impact fees, which are in addition to the normal building permit fees, are also in addition to money granted directly to the impacted school district.

5. Application for Carnival Permit – Windy City Amusements

The Village has an ordinance that requires background checks on carnival employees. Windy City Amusements violated this ordinance last summer at Good Old Days with 6 employees on Saturday and 3 more on Sunday. One of the ride operators on Sunday was discovered to be a wanted felon from out of state who was arrested by the Winfield Police when this turned up on a belated back ground check. The Village Board voted to reject the permit application for this year with 5 votes against and Trustee McClow abstaining because he has a business relationship with Windy City Amusements. . Unfortunately, the Winfield Chamber of Commerce has a contract with Windy City Amusements that lasts another two years and they will not be able to fulfill their contractual obligations.

VI. Public Comments

Resident Stan Zegel stated that President Kirschbaum was conducting business for his employer at Village Hall and using Village resources for this purpose. Mr. Zegel called for an investigation. President Kirschbaum said he welcomed an investigation to show this was false.

VII. Consent Agenda

A. Approval of the List of Bills dated January 20, 2005.

B. Approval of Regular Board Minutes dated January 6, 2004 (I assume this should be 2005?); Approval of Committee of the Whole Minutes dated January 6, 2004. (I assume this should be 2005?);

Some trustees did not get copy of Committee of the Whole so delayed vote until first meeting in Feb. Unanimously approve the board Minutes.

VIII. Reports of General Business Issues

A. Planning and Zoning – Chris Levan

1. Approval of TIF Redevelopment Agreement – Winfield LLC.

Did not address.

2. Approval of Comprehensive Plan Update – Teska Scope of Work.

Approve unanimously with no discussion.

3. Approval of a Resolution Approving a Declaration of Official Intent Regarding Certain Capital Expenditures to be Reimbursed from Proceeds of an Obligation (To Reimburse T.I.F.)

The purpose is to deal with cash flow delays. Funds would be used initially from the general fund for expenditures that fall within the TIF and these would be reimbursed as TIF funds become available. This was approved unanimously.

B. Finance – Dale Bianco

1. Approval of the annual contribution to IRMA in the amount of $101,732.

Winfield has past credit of about $41,000. The above amount is in addition to this credit. Passed unanimously.

2. Approval of a request for funding for the Monroe Middle School/Wheaton/DuPage County Overpass.

Funds up to $10,000 from seized vehicle auction would be given to the approximately $3,000,000 fund being assembled for this purpose. After a very long discussion this passed 5 to 1 with Trustee McClow the only dissenting vote.

C. Government Affairs – Rudy Czech

1. Approval of a Resolution outlining and verifying the duties of the Deputy Clerk.

The Village employee acting as Deputy Clerk is on medical leave and this is needed in order to replace her temporarily. Passed unanimously.

IX. Reports of Temporary Committees

Nothing.

X. Pending Business

A. Mandatory Connection to the Village Water System – Amendment to Village Code.

Sent to Committee of the Whole.

B. Review of property discussions – Reliable Wrecking.

Sent to Committee of the Whole.

C. of Sanitary Sewer Extension – Beecher Street.

Sent to Committee of the Whole.

D. Review of re-roofing the main Public Works building and re-roofing and re-skinning the Public Works accessory building – Sente-Ruble.

Sent to Committee of the Whole.

E. Approval of an Ordinance Amending the Zoning Ordinance of the Village (Tree Preservation / Replacement of Trees). To Planning Commission

Sent to Plan Commission

F. Approval of an Ordinance Amending the Zoning Ordinance of the Village (Average Front Yard Setback, Electronic Copies). To Planning Commission

Sent to Plan Commission

XI. New Business

None

XII. Village Board Comments.

Trustee McClow brought up the Zegal accusations about President Kirschbaum’s improper use of Village resources. Trustee Bianco said the Board needed to respond to Mr. Zegal’s request for an investigation. Some alternatives were put forward such as investigation by the States Attorney’s office and the County Sheriff’s office. President Kirschbaum said he was personally hurt by the accusation but he told the Board to do what they thought best. He again expressed his belief that any investigation would vindicate him.

XIII. Adjourn to Committee of the Whole

XIV. Committee of the Whole

A. Government Affairs – Rudy Czech

1. Review of an Ordinance amending Title 6, Chapter 1 of the Village Code to add a Section thereto regarding street closures.

This is apparently needed to avoid requiring Board approval for minor items.

2. Review of an Ordinance amending Title 6, Chapter 6 of the Village Code to add a Section thereto creating an Alternative Penalty Settlement Procedure (Municipal Ordinance Citation Program).

Police Chief Kruger recommended this as a way to reduce cost and increase collections. It permits non-moving violations to be collected without going to traffic court. A person can go to traffic court if he wishes to object to the ticket. The fine is reduced from $75 to $35.

3. Review of Intergovernmental Agreement regarding participation of the Police Department in the Felony Investigative Assistance Team (FIAT).

Police Chief Kruger recommended this to improve response to major events and improve the capability of Winfield officers. As a member FIAT any teams brought in from other communities would be under the control of the Winfield Police department. The areas covered are major crime, major traffic accident, and SWAT.

B. Planning and Zoning – Chris Levan

1. Approval of Ordinance revisions regarding recreational and antique vehicles.

Only one such vehicle per property and will need to be stored on blacktop, pavers or other hard surface. Main discussion was about informing residents and giving sufficient time to comply before enforcement lead by Trustee Czech.

2. Review of an amendment to annexation agreement and draft special use ordinance. (Fisher Farm)

After an extended delay due to equipment malfunction or operator error, Court Airhart delivered a slide presentation showing what is intended to be the Fisher Farms development. This very dense but attractive residential development is sufficiently isolated from other residential areas that there will likely be no objection to the high density. This replaces the light industrial zoning initially intended for this property.

3. Zoning Ordinance Amendment: R-7 Zoning

Trustees Levan, Mackowiak, McClow and Bianco voiced support for reducing the size of a parcel qualifying for R-7 from 15 to 5 acres. Trustees Czech and Petitti objected along with President Kirschbaum who gave a spirited defense of the 15-acre restriction. In the end, the four Trustees seeking to reduce from 15 acres agreed upon 10 acres. The others did not yield from their desire for 15 acres with Trustee Petitti emphasizing the extreme building height would not be appropriate for smaller than 15 acres.

C. Finance – Dale Bianco

1. Review of request of Cingular lease amendment

AT&T had leased a position on the Village water tower for tier cellular antenna. With the acquisition of AT&T, Cingular is attempting to renegotiate the contract from about $17,000 to $12,400 per year. Trustee McClow and President Kirschbaum want to explore other carriers before they decide to agree with reduction. The staff will explore rates of other carriers.

2. Disposal of 1990 Chevrolet Blazer

D. Traffic & Transportation

1. Review of Ordinance amending Title XX of the Village Code to add a stop sign at Beecher and Summit

This subject has been raised several times by a resident on the corner of Beecher and Summit. A traffic study was performed a year or two ago that showed the additional sign was not needed. However, this time the new Police Chief Kruger is recommending the new stop sign without even looking at the previous traffic study. All of the Board is now willing to go with this recommendation. It is puzzling why they are not taking a few minutes to review the last traffic study that came to the opposite conclusion.

XV. Public Comments

None. It was about 11:15 PM and all were ready to leave.

XVI. Village Board Comments

Trustee Bianco brought up Mr. Zegal comments about President Kirschbaum’s improper use of Village resources again. This time it was decided that Trustee Bianco would meet with Village Attorney Moss and explore possible approaches to look into this matter. If the decision is to do nothing, they would inform Mr. Zegal who can take the matter to the States Attorney himself.

President Kirschbaum said again that the board should feel free to take any action they determined appropriate in this matter. Then he angrily accused Mr. Zegal of spreading false rumors about his family. He said that was unacceptable and he threatened an aggressive response to anyone doing such a thing.

XVII. Adjourn to Executive Session

XVIII. Executive Session

A. Pending Litigation (5 ILCS 120/2 (C) (11)).

B. Personnel (5ILCS 120/2 (C) (1)).

C. Land Acquisition (5 ILCS 120/2 (C) (5)).

XIX. Adjournment