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VILLAGE OF LINDENHURST REGULAR MEETING OF THE VILLAGE BOARD |
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CALL TO ORDER: Mayor Betustak called the Regular Meeting of the Village Board to order at 7:00 p.m. ROLL CALL: Roll call showed those present were: Mayor Betustak, Trustees: Czyzewicz, McCarthy, Messmer, Norlin and Zerba. Also in attendance were Administrator Stevens, Attorney Phillips, Engineer Welsh, Chief of Police McKeever and Clerk Bauschke. Trustee Wayne was out of town on business. Treasurer Neubauer was on vacation. PLEDGE OF ALLEGIANCE: APPROVAL OF THE MINUTES: None TREASURER’S REPORT: Trustee Czyzewicz presented the January 2007 Treasurer’s Report. He stated the bank balances for all accounts for December 28, 2006 was $10,802,181.87. Receipts $679,405.56. Expenses $1,241,289.32. Bank Balance for all Accounts as of January 27, 2007 is $10,240,298.11. MOTION: A motion to accept the January 2007 Treasurer’s Report was made by Trustee Messmer and 2nd by Trustee Zerba.
ON ROLL
CALL THE VOTE WAS: Mayor Betustak said the motion carried. FEBRUARY BILLS PRESENTED FOR PAYMENT: Trustee Czyzewicz stated that he had reviewed the February 2007 set of bills and recommended payment in the amount of $662,450.82. MOTION: A motion was made by Trustee Czyzewicz and 2nd by Trustee Norlin to pay the February 2007 bills presented for payment in the amount of $662,450.82.
ON ROLL
CALL THE VOTE WAS: Mayor Betustak declared the motion carried and the bills were approved for payment. COMMUNICATIONS, COMMITTEE, BOARD & STAFF REPORTS: SPECIAL RECOGNITION: RICHARD FRANK AND ANNA KLEBBA - 50th ANNIVERSARY COMMITTEE – Mayor Betustak introduced Rich Frank and Anna Klebba who stepped forward 2 years ago and volunteered to lead the newly formed 50th Anniversary Committee. They led the Committee in planning, organizing and running all of the wonderful events that were offered in 2006 as we celebrated Lindenhurst turning 50! “Between Rich and Anna and hundreds of other volunteers they put together quite a package that made this Village proud!” Mayor Betustak thanked them on behalf of the Village, and presented them with a token of appreciation, a Village shirt and an official Village pen.The Mayor mentioned they still have the History Book on the table; they’ve looked at the rough draft and hope to get it published soon. The Village also has the Time Capsule to bury, but they are waiting for better weather. SPECIAL RECOGNITION: ED MILLS – PLAN COMMISSIONER – Mayor Betustak introduced Ed Mills. Ed has served on the Plan Commission for over 6 years. When any development comes to Lindenhurst, the Plan Commissioners are the ones who study the project in depth and they really do a yeoman’s job analyzing the proposed projects. They ultimately make a recommendation to the Village Board as to the proposal that was initially presented. Mayor Betustak reported he had received Ed Mills letter of resignation earlier this year. On behalf of Lindenhurst the Mayor thanked Ed Mills for all of his efforts and presented him with a Village shirt and pen. He introduced Ed’s wife Heidi and daughter Allison. Ed Mills said a few words, “Mayor and Trustees thanks for the opportunity to serve the Village; it was an honor and a privilege. We have a great Plan Commission and for us to do our job it takes a great Staff.” He gave special thanks to Village Administrator Jim Stevens, Village Attorney Paul Phillips, Land Planner Pat Meehan, and Secretary Sallie Goding as well as past and current Plan Commission Members. PLAN COMMISSION APPOINTMENT – LUIGI DE ANGELIS – Mayor Betustak introduced Luigi De Angelis. Mr. De Angelis stepped forward to serve his Community on the Plan Commission. The Mayor brought forward Luigi De Angelis as his recommendation to fill the vacancy on the Plan Commission created by Ed Mills resignation for a term that starts today and expires on April 30, 2008. MOTION: A motion was made by Trustee Czyzewicz and 2nd by Trustee McCarthy to approve the appointment of Luigi De Angelis to the Plan Commission for a term from today through April 30, 2008.
ON ROLL
CALL THE VOTE WAS: Mayor Betustak proclaimed the motion carried. PROCLAMATION: WOMEN’S HISTORY MONTH – MARCH 2007 – Mayor Betustak introduced Mabel Lou Weber who was at the Board Meeting representing the Lake County Women’s Coalition. She requested the Village Board adopt a Proclamation declaring the month of March “National Women’s History Month.” She reported they meet once a month, and this Saturday, March they would be hosting their annual recognition tea to celebrate the accomplishments of women. “Anyone can join the Women’s Coalition either with an Organization or as an individual. All are welcome!” Trustee Zerba wanted to read their Mission Statement before she presented the Proclamation. She read aloud “the mission of the Lake County Women’s Coalition is to continue the pursuit of equality that brought forth the ratification of the Nineteenth Amendment, through perseverance, integrity and commitment.” Trustee Zerba said “I feel very privileged to live in a Country that I’m able to introduce this type of Proclamation.” Trustee Zerba read aloud the Proclamation “Women’s History Month.” (Please see attached.) MOTION: A motion to adopt the Proclamation “Women’s History Month” was made by Trustee McCarthy and 2nd by Trustee Messmer.
ON ROLL
CALL THE VOTE WAS: Mayor Betustak announced the motion carried on a voice vote and he thanked Mabel Lou Weber bringing the Proclamation forward. LEGISLATIVE BREAKFAST – Mayor Betustak reported that he and Trustee Norlin attended the Lake County Municipal League Legislative Breakfast that was held on February 3, 2007. It was very informative and they got a chance to meet some of the new legislators in Lake County. CORRESPONDENCE – The Mayor received a complimentary letter from resident Vince Stazek who appreciates all the fine work the Lindenhurst Public Works Department, the Police Department and the governing body does. ENVIRONMENTAL ACTIVITY AND EDUCATION COMMISSION – Trustee Zerba announced this Wednesday night, February 14, 2007, at 6:30 p.m. there would be an Environmental Activity and Education Commission meeting here at Village Hall. They will be discussing the Village’s upcoming Earth / Arbor Day Event. She encouraged all interested volunteers to attend. SWALCO REPORT – Trustee Norlin attended the Solid Waste Agency Legislative Breakfast on January 30, 2007 at the Crown Plaza. The first point he reported on was the emerging plastic bag issue. Right now they are just being thrown out in the regular garbage. They are going to introduce legislation for the larger retailers to take back plastic bags and put them through the normal recycling channels. He mentioned SWALCO was trying to get Recycle America in Grayslake to accept plastic bags if they were secured in a bag and not loose. Senator Terry Link of District 30 and Representative Kathy Ryg of District 59 will be sponsoring the bill with Representative Sandy Cole co-sponsoring it. Trustee Norlin said he and Administrator Stevens are looking into finding a place that shreds and separates E-waste and would break it down into components. Mayor Betustak stated he would be taking the OLD BUSINESS section of tonight’s agenda in reverse order. OLD BUSINESS: PUBLIC HEARING: B. SECOND PUBLIC HEARING – BUSINESS DISTRICT NO.1 PLAN – Mayor Betustak called the Public Hearing to order at 7:29 p.m. Attorney Phillips announced that proper notification for this Public Hearing was published in the News Sun twice on 1-12-07 and again on 2-2-07. Notices to surrounding property owners were also sent. The purpose of the Public Hearing was in regards to the Village of Lindenhurst’s use of Business Districts and the creation of Lindenhurst Business District No. 1. The Mayor said they would entertain a presentation by Phil McKenna, President and Bob Rychlicki, Executive Vice President of Kane, McKenna and Associates, Inc. Mayor Betustak invited anyone in the audience interested in asking questions or making comments should stand to be sworn in. Audience members along with Phil McKenna and Bob Rychlicki stood up and were simultaneously sworn in. Phil McKenna gave a brief presentation. The Business District Act had been revised a couple of years ago in order to encourage commercial retail redevelopment by allowing a municipality to meet certain findings and make a determination that an area was a Business District. Within that District, the Village only could levy and collect, through the State of Illinois procedures, an additional sales tax up to another 1% only on retail operations within that particular area. “It does not affect any other businesses outside the area, it does not affect any other businesses in the Village of Lindenhurst and it does not affect the Taxing Districts because it’s a newly created tax that is solely within that area.” The proposed Business District No. 1 would be established within the Village Green project. The tax collected can be used for public improvements in the Village Green. Mr. McKenna stated that this was the second Public Hearing. The first was held on January 22, 2007.” Phil McKenna explained Bond Counsel for the Village, the firm of Foley & Lardner LLP, determined it was in the best interest of the Village to make two changes to the draft Plan. They suggested taking out specific references to “public or private” because the IRS definition of “public or private” was different than the State of Illinois’ definition of “public or private.” So nothing else changed in the Budget other then to take out the word “public”. The second change was on the page that contained “the sources of funds that could be utilized at the discretion of the Village Board.” They suggested taking out any references to utilization of funds only for “public” improvements and to add to the draft “if the Village chose to they could also use some of their regular 1% State sales tax, but only generated within that area as well.” Those are the two pages that have been modified since the first draft went out. Bob Rychlicki reported he gave an overview of the basic components of the Business District No. 1 Plan at the first Public Hearing. At that time it was the first draft Plan and was dated 1-4-07, which had been in place prior to the January 22, 2007 Public Hearing. The revised draft Plan with the above mentioned changes was dated 1-25-07. The Plan itself was created pursuant to the requirements of the Business District Act. They were required to identify what the boundaries of the proposed District were and included a map and a legal description of the area, it including about 190 acres. They identified what the existing land uses were and what the proposed land uses were, in this case mixed uses including both retail commercial and residential as well as the provisions for open space. They also identify within the Plan the main sources of funding that would pay for Business District No. 1 improvements. There were basically two sources: the first was the actual 1% Business tax itself and the second, with Village concurrence, would be the additional portion of Village sales taxes subject to Village review and approval. The Plan also included a budget which identified the improvements, site preparation, land acquisition, related professional costs and storm water detention with an estimated total budget amount of $34,500,000. The term of the proposed Business District No. 1 would be a maximum of 23 years. The formal findings as related to the designation of the area were included within the Plan as follows: obsolete platting and inadequate street layout. Subsequent to the final adoption of the Ordinances there would be another step involved in which the Village would have to file an Ordinance with the State of Illinois authorizing them to levy and collect on the Villages behalf that additional sales tax. The Mayor thanked them for the presentation and opened the floor for Public Participation. PUBLIC PARTICIPATION: Susan Lahr, 408 Stafford Court, Lindenhurst asked if the standards to designate an area “blighted” for a TIF were the same standards required for a Business District designation? Bob Rychlicki answered the findings as they relate to “blight” are different in the Business District Act. Susan Lahr asked if you had to meet all five factors in the Business District Act? Bob Rychlicki responded that only two of the five factors needed to be met and that in this case they were obsolete platting and inadequate street layout. She also asked if certain parcels in the development as it stands right now aren’t included when this goes into annexation, would that potentially impact the designation of whether the property fits the criteria for blighting, or no? Phil McKenna stated yes it could. Administrator Stevens announced the latest plan was available on the Villages website. Bob Druktanis, 2202 Lake Shore Drive, Lindenhurst wanted clarification in regards to the presentation by both Phil McKenna and Bob Rychlicki. When they mentioned using the additional 1% sales tax received from the Business District and that if the Village chose to they could also use some of their regular 1% State sales tax that they get within the District? He wasn’t certain they both stated it that way. Both Mr. McKenna and Mr. Rychlicki replied yes that was what they said. Bob Druktanis then asked, “With this new development how would it affect the Villages current water problem?” Administrator Stevens replied the Village already has a plan to keep pace with development by constructing a deep well, which would be done before this project would start. The Administrator stated, “Putting in wells and expanding treatment is an ongoing process.” He reported there is a Water and Sewer Master Plan, which basically guides the Village to incrementally develop water and sewer as development progresses. Renee Metzelaar, 591 Oxford Lane, Lindenhurst commented, “initially when you discussed a Business District it was $149,000,000 million needed and now it’s $34,000,000 needed. Is the new plan radically reduced as far as infrastructure?” Mayor Betustak responded “yes, and there will be a presentation on the revisions to the Village Green project tonight.” Mayor Betustak asked “are there any other questions or comments, hearing none, we are going to continue this Public Hearing to the next Village Board meeting on February 26, 2007.” The Mayor declared the Public Hearing closed at 7:47 p.m. A. REVISION TO VILLAGE GREEN PRELIMINARY SITE PLAN – Mayor Betustak invited Gillman Bishop of OliverMcMillan, Senior Project Manager for the Village Green to make the revised plan presentation. He reported the original retail portion had been split into two distinct sections. Mr. Bishop stated he was presenting the commercial component of the Village Green project, which had been reduced to 45 acres. The rest of the land was going to now be residential. Rick Swanson of Westminster Swanson Land Partners and Tim O’Leary of the O'Leary Companies would present the residential component of the revised Village Green plan. Gilman Bishop announced the revised plan proposes an adjusted, one phase retail district accompanied by a mix of single family and multi family homes. As part of the new submittal, the overall project would be reduced from the originally proposed 650,000 sq. ft. of retail space to approximately 450,000 sq. ft. While this reduction would eliminate the possibility of including a major department store as originally planned, it was necessary in view of the reduced public financial support that would now be available. They were still working through the program of what this project was going to look like. They are looking forward to working with Village Staff and going before the Plan Commission in a couple of weeks. Gilman Bishop stated, “We are very excited about what this retail component of this project can be. It’s still going to have a lot of that same feel as we had before but it‘s not going to have the second phase.” Rick Swanson reported the residential component of this project would be a work in process. There were limitations with the site due to the large wetland areas. Also, the Village storm water and tree preservation Ordinances effect the development of the site. Because of that, they would not be in any position tonight to talk about density or unit counts only about the kind of product they were proposing. He shared a Power Point presentation of different types of housing options that could be found in Village Green. There were clustered single-family homes, apartments, duplexes / row houses and some component of senior living. The number of each style of housing has not been determined yet. Rick Swanson stressed they would be staying out of the wetland areas. They were also considering a mixture of commercial on the first floor with residential above. NEW BUSINESS: A. RESOLUTION AUTHORIZING A JOINT APPLICATION FOR A CY-PRES GRANT – Administrator Stevens reported the essence of the State grant program was that cellular telephones were being taxed for a period of time. Subsequently the courts found that the tax was unconstitutional and the money should be returned in a way to benefit the public. They chose to set up a grant process whereby the grant monies were available through the State of Illinois for 911 centers. The Village of Antioch serves as our 911 center and therefore was eligible for acquisition and installation of emergency dispatch equipment. Since we do not operate a 911 center we do not qualify for any funds but we could be a co-applicant and via Resolution support Antioch’s grant application. Lindenhurst’s co-application Resolution would be worth an additional $71,183.90 for Antioch’s 911 center The Village of Lake Villa had already passed a co-application Resolution with Antioch. Staff recommended the Board authorize the Mayor to sign the Resolution for joint Cy-Pres grant application. MOTION: A motion to adopt the above mentioned Resolution authorizing the Mayor to sign it for joint Cy-Pres grant application to assist Antioch with our 911 center capital expenses was made by Trustee Norlin and 2nd by Trustee Zerba. RESOLUTION NO. 07-2-1601R
ON ROLL
CALL THE VOTE WAS: Mayor Betustak proclaimed the motion carried. The Mayor requested a consent agenda for the rest of the items under NEW BUSINESS labeled A. through E. These are routine matters that can be voted on in one motion instead of individual motions for each one. Each item listed a brief explanation in tonight’s Board packet. MOTION: A motion to establish a CONSENT AGENDA to include the following items A. thru E. was made by Trustee Messmer and 2nd by Trustee Czyzewicz. A. VETERANS MEMORIAL CHANGE ORDER NO. 3 – Administrator Stevens reported Change Order No. 3 to Stuckey Construction included extras for stone lettering changes, tile substitutions, removal of unsuitable soils (two locations) and additional paver stock totaling $21,197.60.00. B. RESOLUTION TO UNDERTAKE WORK IN A STATE R.O.W. - Engineer Welsh stated every two years we must renew a Resolution to conduct utility and infrastructure repairs in I.D.O.T. rights of way. This procedure relieves the Village of obtaining permits. C. RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS RESOLUTION NO. 07-2-1603REngineer Welsh reported this was a routine procedure, which was needed to utilize the $61,450.00.00 motor fuel tax monies for routine maintenance operations, which includes snow removal, salt and cold patch materials. D. ORDINANCE: ABATING THE 2006 TAX LEVY G.O. BONDS (ALTERNATE REVENUE SOURCE) – AN ORDINANCE ABATING THE 2006 TAX LEVY RESULTING FROM THE VILLAGE OF LINDENHURST, LAKE COUNTY, GENERAL OBLIGATION REFUNDING BONDS (ALTERNATE REVENUE SOURCE) SERIES 2005A ORDINANCE NO. 07-2-1604 Administrator Stevens explained as part of the low interest bond issue passed about two years ago the Village pledged the ability to tax real estate as a payment guarantee. We utilized other revenues and therefore do not need to result to property taxes, thus the abatement. The Village financed the Utility Department garage and office expansion in addition to the refinancing of the Rural Bond Bank loan that was obtained to remodel the Village Hall and grounds and build the new Police Facility some years back. E. ORDINANCE: ABATING THE 2006 TAX LEVY – SSA NO. 4 – AN ORDINANCE ABATING THE 2006 TAX LEVY FOR SPECIAL SERVICE AREA NUMBER FOUR OF THE VILLAGE OF LINDENHURST ORDINANCE NO. 07-2-1605 Administrator Stevens reported this is another annual procedure. Falling Waters Subdivision and Business Park utilized Special Service Area financing to pay for water and sewer infrastructure. If the debt service is not collected from the subdivision, a property tax on those exclusive properties would result. The bank has received the funds and has authorized the Village to abate the use of the property taxes. The Village collects the monies, or debt service, via bi-monthly billings in conjunction with the water/sewer billing and turns them over to the bank to pay the SSA debt service.
ON ROLL
CALL THE VOTE WAS: MOTION: A motion to approve the CONSENT AGENDA with above-mentioned items A. thru E. was made by Trustee Norlin and 2nd by Trustee Messmer.
ON ROLL
CALL THE VOTE WAS: Mayor Betustak announced both motions were approved. EXECUTIVE SESSION: None PUBLIC PARTICIPATION: Dr. Joy Swoboda, Superintendent of Woodland School District #50, 1105 N. Hunt Club Road, Gurnee asked when the revised Village Green presentation would be available on the web site? Gilman Bishop of OliverMcMillan responded “by Friday.” She also asked what was the approximate acreage for residential in the new plan? Rick Swanson answered about 150 acres but that was still a gray area because it would also contain commercial with residential above it, not just residential only. He also reported the total project was approximately 195 acres. Dr. Swoboda also asked when the January 8, 2007 Public Hearing record would be available? Mayor Betustak said it was available at Village Hall. David Hartwig, 1816 Skyline Circle, Lindenhurst inquired when the Intergovernmental Agreement with Antioch dispatch was going to be up? Chief McKeever answered it’s a short term Agreement that he believed could be terminated with 90 days or possibly 6 months notice. David Hartwig asked how often did the Village have to renegotiate the cost with Antioch? Chief McKeever answered they renegotiate every year. Mr. Hartwig said he knows it’s cost effective going through the Antioch 911 center but he asked “what if” you decided to go somewhere else with this $70,000.00 dollars. Would you get that money back? Chief McKeever reported that money would be spent. Attorney Phillips stated since the deadline had already passed that the Village would never be able to use those funds. Patrick Dunham, 653 Newport Circle, Lindenhurst commented that it was his understanding that the cost so far for the Veterans Memorial was about $670,000.00. Was the $21,000.00 approved tonight for changes included in that number? Trustee Messmer stated there are debits and credits that are applied. Mr. Dunham also inquired how much has the Village raised in contributions so far? Administrator Stevens reported around $165,000.00 to $195,000.00 depending on if the long-range commitments of 5 to 10 years were included in the figure. ADJOURNMENT: A motion to adjourn the Regular Village Board meeting was made by Trustee McCarthy and 2nd by Trustee Zerba. Upon voice vote, the motion carried. Adjournment was at 8:12 p.m. |
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