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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, Wayne and Zerba. Also in attendance were Administrator Stevens, Attorney Phillips, Engineer Welsh, Police Chief McKeever and Clerk Bauschke. PLEDGE OF ALLEGIANCE: The Mayor announced we would be taking tonight’s agenda out of order starting with item V. OLD BUSINESS. OLD BUSINESS: CONTINUATION OF FEBRUARY 12, 2007 PUBLIC HEARING: A. CONTINUATION OF PUBLIC HEARING: ESTABLISHMENT OFBUSINESS DISTRICT NO. 1 PLAN – Mayor Betustak called the Public Hearing to order at 7:02 p.m. This was a continuation of the second Public Hearing that was held on February 12, 2007. It is specifically in regards to the establishment of Business District No. 1 Plan.The Mayor stated they would hear a brief 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 to stand and be sworn in. Audience members along with Phil McKenna and Bob Rychlicki stood up and were simultaneously sworn in by Clerk Bauschke. Phil McKenna briefly reported 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. Bob Rychlicki added that there had been a minor change to Section 2 in the plan; it was an updated letter dated 2-19-07 from Gewalt Hamilton Associates, Inc. to reflect the same findings as previously reported and attached as “Exhibit B”. The Mayor opened the floor for Public Participation. PUBLIC PARTICIPATION: Susan Lahr, 408 Stafford Ct., Lindenhurst stated she had heard that the Horvat’s property might not be included in this particular boundary. Attorney Phillips responded that the Horvat property was advertised as being part of the Business District. It is certainly up to Mr. and Mrs. Horvat if they want to annex their property and be part of the Business District. She asked that since their property was included in the Business District do we have to go through the Public Hearing process again? Attorney Phillips answered that you can subtract property from the Business District plan without another Public Hearing but you cannot add any new property. Mayor Betustak declared the Public Hearing closed at 7:07 p.m. and we would return to the regular Village Board Meeting. B. VILLAGE GREEN: UPDATE ON REVISED CONCEPT PLAN – Mayor Betustak introduced Gillman Bishop of OliverMcMillan, Senior Project Manager for the Village Green to present a brief update. 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 be developed by Rick Swanson of Westminster Swanson Land Partners and Tim O’Leary of the O'Leary Companies. Gilman Bishop stated the revised plan proposes a one-phase retail district accompanied by a mix of single family and multi family homes. The overall project would be 450,000 sq. ft. of retail space, which is similar in size to the Glen. Oliver McMillan would be teaming together with Rick Swanson and Tim O’Leary to ensure a cohesive project. He stated that the challenge would be to create the type of place the Village wants, as well as a place that the tenants would be willing to move to. They would have to create a town center, which would be a place of high quality construction that would capture high-end retail. It would take a public / private partnership to allow for that special place. The financial commitment they are requesting for the total retail development is $130 million dollars. From that they will create 450,000 sq. ft. of retail. The private investment is approximately $105 million; the public participation is $25 million. Gilman Bishop reported “The $25 million is broken out into two pieces: $13.6 million of today’s money in the way of bonds that can be used to directly assist this project and the other $12 million dollars is what’s called the developer note. That is at risk money and it’s very different from the $13.6 million in the sense that the developer pays up front and says I’m going to take a chance on this project and I’m going to spend $12 million dollars in hope that I get it back and if my project is a success we will get paid back. It’s at our own risk and if the tenants don’t come it’s out of the developers pocket and we forgive that note ourselves.” Gilman Bishop concluded with the benefits of the Village Green: it is a high quality town center project; a downtown for Lindenhurst; a place that the Village profits from, from the beginning; this deal works for the Village from day 1. The Village Green project would create approximately 1000 jobs, from managerial jobs to entry-level jobs; there will be a halo effect to all surrounding areas of this project. Lastly and most importantly, this project will create a financial and cultural legacy for the Village of Lindenhurst that will benefit future generations. Rick Swanson, President of Westminster Swanson Land Partners briefly presented the residential component of this project. They envision a high quality project for the Village of Lindenhurst. In certain areas of the project they wish to have retail on the first floor with apartments or condos on the upper floors. He described an age-restricted component to this project that would be located near the town center. Mr. Swanson explained they would be “mixing up” the style of housing available with clustered single-family homes, apartments, duplexes / row houses and a component of senior living all of which would have architectural character with strong landscaping. They propose to do their plan in phases. Mayor Betustak opened the floor for Public Participation for questions and comments regarding the Village Green Project. PUBLIC PARTICIPATION: Julian Franklin, 3166 Haven Lane, Lindenhurst; Susan Lahr, 408 Stafford Ct., Lindenhurst; Gary Stittgen, 464 Country Place, Lindenhurst; Luigi DeAngelis, 2908 Falling Waters Lane, Lindenhurst asked questions, and expressed opinions pro and con and received responses in regards to the following: the difference between a two-unit row house and a duplex; $13.6 million in bonds; when will the residential plans go from estimated to actual; the size of the “green portion”; questions about crime and pollution in the Village Green; light and noise pollution; the $300 million spent annually at high end retail centers; Village Green creating 1000 jobs and the multiplier effect; retail on first floor with four stories above that; how many bedrooms in a row house; and the planned number of housing units. NEW BUSINESS: A. ORDINANCE: AMENDING ZONING AND SIGN ORDINANCE ADDING CBR-2 COMMUNITY BUSINESS & RESIDENTIAL DISTRICT – Administrator Stevens stated that Items A., B. and C. all have to do with items the Plan Commission has been working on. He reported the following three Ordinances and the accompanying Meehan and Co., Inc. memo dated February 21, 2007 were approved by the Plan Commission on 2/21/07. This particular item was approved 6 to 0 in favor of having the Board adopt this Ordinance. Administrator Stevens said that buildings in CBR-2 would have commercial on the first floor with residential above it. General discussion occurred. MOTION: A motion to adopt AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF LINDENHURST, LAKE COUNTY, ILLINOIS, BY AMENDING SECTION 159-2.0103, DELETING SECTION 159-4.0309 AND ADDING NEW SECTIONS 159-4.0309 ENTITLED CBR-1 COMMUNITY BUSINESS AND RESIDENTIAL DISTRICT AND 159-4.0310 ENTITLED CBR-2 COMMUNITY BUSINESS AND RESIDENTIAL DISTRICT 2 AND AMENDING THE VILLAGE OF LINDENHURST SIGNED ORDINANCE BY AMENDING SECTION 157-0902 was made by Trustee Zerba and 2nd by Trustee Czyzewicz. ORDINANCE NO. 07-2-1606
ON ROLL CALL THE VOTE WAS: Mayor Betustak stated the motion carried. B. ORDINANCE: AMENDING ZONING AND SIGN ORDINANCE ADDING R-4 MULTIPLE FAMILY DWELLING DISTRICT – Administrator Stevens stated that R-4 is a residential zone with 12 unit per acre density. He reported the Plan Commission approved this item 6 to 0 in favor of having the Board adopt it. MOTION: A motion to adopt AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF LINDENHURST, LAKE COUNTY, ILLINOIS, BY AMENDING SECTION 159-2.0103 AND ADDING A NEW SECTION ENTITLED R-4 MULTIPLE FAMILY DWELLING DISTRICT AND AMENDING THE SIGN ORDINANCE BY AMENDING SECTION 157-0902 was made by Trustee Wayne and 2nd by Trustee Norlin. ORDINANCE NO. 07-2-1607
ON ROLL CALL THE VOTE WAS: Mayor Betustak proclaimed the motion carried. C. ORDINANCE: AMENDING THE COMPREHENSIVE PLAN AND LAND USE PLAN MAP – Administrator Stevens said the Comprehensive Plan is the planning policy of the Village. This amendment of the Plan will provide for CBR-2 and R-4 zoning use in the area Southeast of the Village. This item was also approved 6 to 0 by the Plan Commission. MOTION: A motion to adopt AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE LAND USE PLAN MAP FOR THE VILLAGE OF LINDENHURST, LAKE COUNTY, ILLINOIS was made by Trustee Norlin and 2nd by Trustee McCarthy. ORDINANCE NO. 07-2-1608
ON ROLL CALL THE VOTE WAS: Mayor Betustak announced the motion carried unanimously. D. PRESENTATION AND DISCUSSION: BUSINESS DISTRICT SALES TAX AND SALES TAX SHARING PROPOSAL/VILLAGE GREEN – Mayor Betustak introduced Village consultant, Bridget Lane of Business Districts, Inc. and Gilman Bishop of OliverMcMillan who both made brief presentations. This financing concept has been proposed for several months. The Village Board was referred to the detailed worksheets from Business Districts, Inc. dated February 23, 2007 and February 26, 2007. Administrator Stevens summarized that the Village’s financial consultants, Business District, Inc., and Teska Associates have studied the projected Village costs to serve the development, reviewed the sales tax revenue projections and concur that a positive cash flow will exist. Village Staff supports the findings of their consultants and feel other miscellaneous revenues such as building permit fees, infrastructure inspection fees and public facility donation fees which were not factored in, provide an even greater financial incentive to move forward with the sales tax sharing proposal. General discussion occurred. E. MFT RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY – Engineer Welsh reported the FY 06/07 budget provided engineering fees to effectuate the summer of 2007 road improvement program. In an effort to move the project forward he requested the Village Board pass a resolution authorizing the use of $791,250 of MFT funds. The streets to be included are listed therein. MOTION: A motion to adopt A RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE was made by Trustee Wayne and 2nd by Trustee Norlin. RESOLUTION NO. 07-2-1609R
ON ROLL CALL THE VOTE WAS: Mayor Betustak declared the motion carried. F. ORDINANCE: ACCEPTING THE DEED FOR LOT 113 GRANT’S GROVE- Administrator Stevens reported during the negotiation stages of designing Grant’s Grove subdivision, Lot 113 was selected by the Village as a future shallow well site. It is a particularly wooded lot of adequate size for a well, well house and iron treatment facility (if needed). The parcel was donated by Pulte Homes. Village Staff would be authorized to record the Deed. MOTION: A motion to adopt AN ORDINANCE ACCEPTING THE DEED FOR LOT 113 IN GRANT’S GROVE SUBDIVISION was made by Trustee Messmer and 2nd by Trustee McCarthy. ORDINANCE NO. 07-2-1610
ON ROLL CALL THE VOTE WAS: Mayor Betustak stated the motion carried. G. WELL REHABILITATION AND FILTER MEDIA REPLACEMENT – Engineer Welsh referred the Village Board to his 2/15/07 memo that was in tonight’s Board packet and presented this topic. Staff seeks authorization to commence this well rehabilitation and iron filter media replacement project throughout various locations now instead of waiting until the May 1st fiscal year. Due to potential high water usage in mid to late summer we prefer to schedule such work this spring to achieve full value for the mid to late summer high usage months. Since the “bursting” process utilizes proprietary equipment along with the air wash component of the iron filter, logic indicates that competitive bidding would be ineffective. Staff seeks authorization to commence the well rehabilitation and iron filter media replacement projects, waive competitive bidding and encumber $201,020 of FY 07/08 Water Department Facility New /Replacement Budget. Engineer Welsh concluded by saying the budgeted amounts are inclusive of all related activities from design to completion including contingencies for replacement of worn well equipment that might be found during the rehab work. MOTION: A motion to authorize Staff to proceed with the combined well rehabilitation and filter media replacement project ahead of FY 07/08 budget approval, to waive customary bidding process due to the proprietary nature of the work and to encumber the FY 07/08 Budget by $202,000 for the work and attach the 2/15/07 Wes Welsh memo was made by Trustee Norlin and 2nd by Trustee Wayne.
ON ROLL CALL THE VOTE WAS: Mayor Betustak stated the motion carried. H. ORDINANCE: SETTING THE CURBSIDE AND LANDSCAPE WASTE COLLECTION RATES – Administrator Stevens stated last December pursuant to its garbage contract the Village adopted an Ordinance adjusting rates. Those rate changes did not include the yard waste program rates that have been recently presented by Jensen. This Ordinance will increase the yard waste rates by 1.98%. He read the rate changes aloud off of Exhibit A. Attorney Phillips reported that the Village has a current contract with Jensen Disposal Services that goes through December 30, 2008 that provides the mechanism for this increase in rates. MOTION: A motion to adopt AN ORDINANCE SETTING THE CURBSIDE LANDSCAPE WASTE COLLECTION RATES FOR THE VILLAGE was made by Trustee Messmer and 2nd by Trustee McCarthy. ORDINANCE NO. 07-2-1611
ON ROLL CALL THE VOTE WAS: Mayor Betustak stated the motion carried. APPROVAL OF THE MINUTES: Regular Board Meeting of November 13, 2006 and January 22, 2007 and Special Board Meeting of February 5, 2007: The Mayor asked for a motion to approve the Regular Board Meeting minutes of November 13, 2006 and January 22, 2007 and the Special Board Meeting minutes of February 5, 2007. MOTION: A motion was made by Trustee Czyzewicz to approve the Regular Board Meeting minutes of November 13, 2006 and January 22, 2007 and the Special Board Meeting minutes of February 5, 2007 and was 2nd by Trustee Norlin. Mayor Betustak declared the motion carried on a voice vote and the minutes were approved and will be posted on the Village website. COMMUNICATIONS, COMMITTEE, BOARD & STAFF REPORTS: SWALCO – Trustee Norlin reported that the Village received the 4th quarter 2006 recycling revenue check for $3,174.00. He stated Lindenhurst ranked 9th out of 32 communities. BUDGET REVIEW SESSION – Mayor Betustak and the Village Board agreed to a Budget Review Session to be held on Monday, March 19, 2007 at 6:00 p.m. They all have a detailed copy of the FY 07/08 Budget to examine ahead of time and will discuss the major ticket items during the review session. EXECUTIVE SESSION: The Mayor stated there would be no Executive Session tonight and he opened the floor for Public Participation. PUBLIC PARTICIPATION: Julian Franklin, 3166 Haven Lane, Lindenhurst; Susan Lahr, 408 Stafford Ct., Lindenhurst; Luigi De Angelis, 2908 Falling Waters Lane, Lindenhurst; Pete Parker, Administrator, Lake Villa Fire Protection District all inquired and commented on issues and received answers regarding: the land purchase of OliverMcMillan going from 140 acres to 45 acres; municipal sales tax coming from the Business District; what happens to the 1% Business District tax if the Business District ends sooner than 23 years; square footage reserved for Phase 2 retail; thoughts from high end retailers coming to Lindenhurst in regards to all of the expansion in the WI malls; likelihood of the success of the Village Green project; great presentations; and an update on the Fire and Rescue Station.ADJOURNMENT: A motion to adjourn the Regular Village Board meeting was made by Trustee Wayne and 2nd by Trustee McCarthy. Upon voice vote, the motion carried unanimously. Adjournment was at 9:06 p.m. |
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