October 5, 2021 Minutes

VILLAGE OF BURLINGTON

175 WATER STREET

P. O. BOX 205

BURLINGTON, IL 60109-0205

847-683-2237

847-683-2283 – Village Clerk, Christine Jones

Village Plan Commission

Meeting Location – Village Hall

 175 Water Street

October 12, 2021 – 7 p.m.

 

Present: Village President Mary Kay Wlezen, Deputy Clerk Marilyn Diede, Village Engineer John Whitehouse and Village Attorney Brandon Rissman.   

 

Open the Meeting:   Plan Chairman Kyle Goldworthy opened the meeting at 7:00 p.m. and led the Pledge of Allegiance.

Roll Call:  Plan Members:  Jill Caldwell, Brian Rapier and Kyle Goldsworthy were present.

Absent:  Plan Members:  Colin Stephens and Curtis Olson.  

 

A quorum was established for tonight’s meeting.

 

Orientation:  Village Engineer John Whitehouse with Engineering Enterprises, Inc. (EEI) said the Plan Commission members will also be appointed to the Zoning Board of Appeals (ZBA) with consensus of the Board.  They will have the same term dates as they have on the Plan Commission.  Village President Mary Kay Wlezen said they will be appointed at a future Board meeting.

Engineer Whitehouse passed out to all attending this meeting Chapters from the Municipal Code which pertain to the Plan Commission and Zoning Board of Appeals. He went over the excerpts from the Code that explains what the Plan Commission and ZBA do.

 

He started with Chapter 6 Zoning Board of Appeals Establishment. This explains what the ZBA’s role is.  He gave an example of what might come up before the ZBA.  He said they are a recommending body.  They take testimony and make recommendation to the Village Board.  The Village Board can accept the ZBA’s recommendation, accept with modification or reject it. He did explain the only time ZBA has final authority if somebody disagrees with the Zoning Enforcement Officer, based on his interpretation of the Zoning Ordinance, they may file an appeal with ZBA.  After hearing testimony, the ZBA will make a decision and it will be final.  The Village Board cannot overrule.

 

Engineer Whitehouse went over the compensation for ZBA meetings. Which was recently amended.

 

He next went over the Plan Commission and the terms of office that has been established for each member. They will concurrently run the same time with their ZBA terms. He went over their powers.

 

Engineer Whitehouse said generated under a Chicago Metropolitan Agency for Planning (CMAP) grant the Village is updating the Village’s Comprehensive Land Use Plan. Once it is in final form the Village Board will direct the Plan Commission to hold an official Public Hearing.  He gave a brief idea what will be involved in the Public Hearing.

He said this Comprehensive Land Use Plan tells the general public, perspective developers and property owners what the Village want to see on their property. He said from time to time the Plan Commission may also recommend changes to the Comprehensive Lane Use Plan. He said the Comprehensive Plan does not just control property within its limits. The Village has a jurisdictional planning area. He explained about the boundary agreements with surrounding communities.

 

Engineer Whitehouse went over some of the duties which include Public Hearings for Text Amendments to the Zoning Ordinance or for a Map Amendment if someone wants to change the zoning of their property. They will also hold Public Hearings for Planned Developments.

He went over the compensation for Plan Commission meetings.

 

Engineer Whitehouse said another part of the Municipal Code is Subdivisions where the Plan Commission has duties. He went over the Concept Plan, the Preliminary Plan and Final Plat and what the Plan Commission does during each stage. He said the Village Staff, which includes Village Engineer, Village Attorney and Village Land Planner, review everything to make sure the final documents submitted are in accordance with the approved Preliminary Plan. The Plan Commission does not review the Final Plat.

He also explained about Variations and what is involved if some one wants to make a change to what the Code requires.

 

He went over Planned Developments which are Special Uses under the Zoning Ordinance and where the Plan Commission has a big role. Engineer Whitehouse said typically the ZBA reviews and holds Public Hearings on Special Uses. Planned Developments are very large subdivisions. It is considered a larger broad scale Special Use and have determined the Plan Commission will conduct those Public Hearings.  He said there are three types of Planned Developments: Residential, Commercial (Office or Business) and Industrial.  He explained the requirements for each.  

 

It was noted the Municipal Code is on the Village’s website.

 

He explained to the Committee the last development process the Plan Commission went through was in regards to the Nexamp Solar Energy Farm on French Road.  The Annexation Agreement on that property states any development on the property requires a Planned Development process, they had to submit it as a Planned Development. The Plan Commission conducted the Public Hearing and made a recommendation on the Plan. Because this was a single parcel development the Village Board authorized it to be a concurrent Preliminary and Final process. After the Public Hearing, within 45 days, the Plan Commission has to issue a Finding of Fact and Recommendation to the Village Board on the Planned Development Application.  They can approve it as presented, approve it with conditions or reject it. The Village Board then deliberates on it and makes their decision.  Engineer Whitehouse went over the Final report of Findings of Fact and Recommendation for the Solar Farm.

 

Engineer Whitehouse went over the Administration and Enforcement of the Zoning Ordinance which includes the Zoning Officer, the Plan Commission and Zoning Board of Appeals and explained their powers.  He also explained about the Official Zoning Map and when changes need to be made to the Map.

He said the Board of Trustees is final authority on Site Plan reviews, Special Uses, Planned Developments, Amendments, and Variations to be exercised pursuant to its legislative discretion.

 

He went over the Petition and Notice Requirements for Appeals, Variations, Amendments and Special Uses and whether the Plan Commission or ZBA handles them. He gave examples of them.

 

He gave the Committee a procedural document on how the Plan Commission conducts a Public Hearing and what is involved in regards to presentation, testimony and summation.

 

Attorney Brandon Rissman gave a brief overview of the Open Meetings Act which applies to all Public Bodies in the State of Illinois. Any meeting of the Public Body must provide a notice 48 hours prior to the meeting and an agenda of the meeting and generally a meeting schedule is published every year of scheduled meetings. The agenda has to state the time and location of the meeting and all matters to be discussed.  He went over Public Hearing requirements.

He explained about a quorum which is a majority of the Board.

He also explained violations of the Open Meetings Act and gave examples of violations. He also said the Board and Plan Commission may discuss public business without a scheduled meeting so long as neither a quorum of the Board or a quorum of the Plan Commission is present.

Members of the Public Body are required to complete training within 90 days of appointment.

It was noted the Attorney General’s website has been down recently.

 

President Mary Kay Wlezen informed the Committee Village Clerk Christine Jones is the FOIA officer for the Village.

 

Attorney Rissman went over the types of notices for the different types of meetings which include regular, rescheduled, special, emergency and reconvened meetings. It was noted meetings are posted on the Village’s website and on the window in the Village Hall.

 

Attorney Rissman said the Village has to keep a record of Open Meeting minutes. He said minutes have to be an outline of what occurred and action and votes that were taken. Minutes for a public meeting will be different than a Public Hearing which would be more detailed because of any decision or recommendation, there would be evidence in there to support it.

 

He went over Closed session meetings.

 

It was noted if the Village had a large Public Hearing it would not be held at the Village Hall.

Engineer Whitehouse did go over some of the smaller hearings the Village will have.

 

President Wlezen explained how the minutes are handled at meetings.  Attorney Rissman did say if the Plan Commission did have a Closed session meeting the minutes would have a verbatim record of those meeting minutes and would not be released to the public until 18 months later where they would be reviewed in open session.

 

Any meeting of a Public Body must be open and convenient to the Public.

 

In light of Covid the State Legislature did adopt an Amendment to the Open Meetings Act to allow for remote attendance. Before the pandemic members had to appear in person for all meetings; unless they were unable to attend because of an illness.

It was noted the Village passed an Ordinance stating if you are sick, you can remote in to the meeting and also if you are out of town on business.

 

He also said every Open Meeting should have a time for public comment. He discussed the difference between a Public Meeting and a Public Hearing.

 

Discussion on CMAP: This was touched in the review stage.  The Plan Commission will hear more soon in the beginning of November.

 

Adjournment:  Member Jill Caldwell made a motion to adjourn the meeting and Brian Rapier seconded the motion.  Ayes:  Plan Members:  Jill Caldwell, Brian Rapier and Kyle Goldsworthy. Three ayes, two absent, motion carried.  The meeting adjourned at 8:30 p.m.

 

Respectfully submitted,

 

 

Marilyn Diede, Deputy Clerk