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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, Treasurer Neubauer, Chief of Police McKeever and Clerk Bauschke. PLEDGE OF ALLEGIANCE: APPROVAL OF THE MINUTES: Regular Board Meeting of September 11, 2006 and February 12, 2007: A motion was made by Trustee Norlin to approve the Regular Board Meeting minutes of September 11, 2006 and February 12, 2007 and was 2nd by Trustee McCarthy. Trustee Zerba requested a correction be made on the September 11, 2006 minutes, page 10, under Robert King’s PUBLIC PARTICIPATION. It is stated: Robert King asked if the Village Green is going to be more homes than commercial? It should be amended to read as follows: Robert King asked if the Village Green is going to be more homes than commercial and he inquired the number of multiple family homes in this project? Mayor Betustak stated with the above correction being made the motion carried on a voice vote and the minutes were approved. TREASURER’S REPORT: Treasurer Neubauer presented the February 2007 Treasurer’s Report. He stated the bank balances for all accounts for January 27, 2007 was $10,240,298.11. Receipts $504,098.87. Expenses $671,710.98. Bank Balance for all Accounts as of February 27, 2007 is $10,072,686.00. MOTION: A motion to accept the February 2007 Treasurer’s Report was made by Trustee Wayne and 2nd by Trustee Czyzewicz.
ON ROLL
CALL THE VOTE WAS: Mayor Betustak said the motion carried. MARCH BILLS PRESENTED FOR PAYMENT: Trustee Wayne stated that he had reviewed the March 2007 set of bills and recommended payment in the amount of $578,230.94. MOTION: A motion was made by Trustee Wayne and 2nd by Trustee Zerba to pay the March 2007 bills presented for payment in the amount of $578,230.94.
ON ROLL
CALL THE VOTE WAS: Mayor Betustak declared the motion carried and the bills were approved for payment. COMMUNICATIONS, COMMITTEE, BOARD & STAFF REPORTS: VETERANS MEMORIAL UPDATE – Trustee Messmer reported that he had approached Carol Sente of Sente Rubel Bosman Lee, and requested an update regarding the lighting for the Veterans Memorial. The electrical contractor will be working on fixing the lighting by the bollards as well as the sub surface lighting by the symbolism flag. They are also still waiting for Com Ed to come out and do some utility work on the electrical pole, which hasn’t happened due to inclement weather.SWALCO REPORT – Trustee Norlin reported the Village’s first electronics recycling event for 2007 would be held on Saturday, March 31, 2007 from 9:00 a.m. to noon. Drop off location is at the west side of the garage building of the Lindenhurst Village Hall and volunteers are welcome. Trustee Norlin also stated that later this month at the next SWALCO Meeting, its members would be voting on a new fee schedule needed to continue SWALCO’S programs. CORRESPONDENCE – Mayor Betustak acknowledged receipt of a letter along with a sample ordinance from Dr. Joy Swoboda of the Woodland School District asking the Village Board to consider lag fees as part of the Village’s future annexations. The Mayor did respond back with a letter today and will make sure the Village Board gets copies of all correspondence for future consideration. ENVIRONMENTAL ACTIVITY AND EDUCATION COMMISSION – Trustee Zerba announced that Thursday night, March 22, 2007, at 6:00 p.m. there would be an Environmental Activity and Education Commission meeting here at Village Hall. They will be finalizing the upcoming Earth / Arbor Day Event which will be on Saturday, April 21st. OLD BUSINESS: None NEW BUSINESS: PUBLIC HEARING: A. PUBLIC HEARING: ANNEXATION AGREEMENT FOR PARCELS REFERRED TO AS LINDENHURST VILLAGE GREEN – Mayor Betustak called the Public Hearing to order at 7:10 p.m. Attorney Phillips announced that proper notification for this Public Hearing was published in the News Sun on 2-23-07. Notices to surrounding property owners were also sent. The purpose of the Public Hearing was in regards to the Annexation Agreement for parcels referred to as Lindenhurst Village Green. Attorney Phillips also stated that at the time of this notification the Horvat parcel of land was included in this request and as of today, by the Horvat’s request, their parcel is not going to be part of this Annexation Agreement. The Mayor said they would entertain a presentation by Mark Eiden of Eiden & O’Donnell, Ltd., 230 Center Drive, Suite 102, Vernon Hills, IL 60061, Attorney for the Developer. Mayor Betustak also invited anyone in the audience interested in asking questions or making comments to stand up and be sworn in simultaneously. Attorney Eiden explained the Annexation Agreement is a statutory document which can be entered into between developers and municipalities to set forth the terms and conditions of development prior to the incorporation of the property into the Village. Mark Eiden briefly went over some highlights in the Annexation Agreement noting that a complete copy of the Agreement is on file with Staff at the Village Hall. He touched on rezoning the property to CBR-2 and R-4; a specific carve out for an existing cell tower; a preliminary tentative plat; site plan approval for the first phase of the development; imposed covenants in regards to a certain minimum number of commercial square footage; recognition of a certain parcel in Phase 2 designated for future commercial use for up to 3 years; limitations to the maximum number of residential units that can be developed; a tentative schedule for the development; minor variances to Village Ordinances; the reservation of 2 acres of property for a new “deep well” for the Village; certain offsite improvements that are being required; affordable housing provisions and a few “voluntary restrictions.” Charlie Hickcox of OliverMcMillan gave a brief overview of the plan and their vision, which Attorney Phillips pointed out, was unanimously approved by the Plan Commission at their last meeting. He proceeded with a power point presentation. Mr. Hickcox invited questions regarding the site plan. PUBLIC PARTICIPATION: Susan Lahr, 408 Stafford Court, Lindenhurst asked if the size of the actual Village Green space had been reduced from last month’s presentation of 2 acres? Mr. Hickcox reported that originally they thought this area would be between 1 to 2 acres and after they did the exact calculation this piece of the project is just a little over an acre of property. Alex Horvat, Horvat’s Nursery, Grand Avenue asked why there were no commercial buildings shown along Route 132, Grand Avenue. Charlie Hickcox answered there are buildings being designed there. He pointed out the cell tower that they have to work around and that there is around 18,000 sq. ft. of commercial along Route 132. Rick Swanson, Principle of Westminster Swanson Land Partners, 920 S. Waukegan Road, Lake Forest, IL briefly updated the Board on the residential component of this project through a power point presentation. The Mayor thanked them for the presentations and opened the floor for Public Participation. PUBLIC PARTICIPATION: Julian Franklin, 3166 Haven Lane, Lindenhurst asked where the proposed senior housing would go? Charlie Hickcox and Rick Swanson indicated it was presented at a prior meeting and re-presented the power point presentation pointing out the possible areas. Mr. Franklin also asked what provisions are in the Annexation Agreement for transportation improvements on Routes 45 and 132 and if they are limited the those specific roads. Attorney Mark Eiden responded that both Route 45 and Route 132 roadways are under the jurisdiction of the Illinois Department of Transportation and that all requirements as mandated would be met. Patrick Dunham, 653 Newport Circle, Lindenhurst asked what the maximum number of residential units will be? Attorney Eiden responded that the number of units depends on whether a specific portion within the Phase 2 development area, which is designated for future commercial use for up to three years, comes to fruition. If that section is unsuccessful in being developed commercially it can be developed in an alternative fashion such as residential and if that portion of Phase 2 was not commercially developed the maximum number of residential units would be 838. That number will be significantly reduced when the commercial shops come into that area as hoped for and anticipated by the Village. Mr. Dunham also inquired why lag fees would not be instituted for schools? Attorney Phillips answered this development will prove to be very cash flow positive for the schools and all of the taxing bodies so lag fees need not be pursued in this development. Susan Lahr, 408 Stafford Court, Lindenhurst asked for an explanation of the Special Services Area that was discussed in the Annexation Agreement and how would that extra fee affect the marketability of that area? Mark Eiden explained the Special Services Area is requested for only residential portion of the development due to substantial offsite improvements for this project, obviously the biggest one being Route132 and Route 45 improvements. “Projects of this nature, when you come along and build on the corners of such major roads the developer is expected to construct 1/2 mile or so of a 4-lane roadway, which is extremely expensive. That disproportionately places the financial burden of that expense on those properties.” We decided to pursue the Business District Tax but that only applies to the commercial areas of this property. In projects such as these that money would help to defer the extreme costs associated with the offsite costs of infrastructure. The cost burden needs to be shared between residential and commercial rather than commercial revenues being dedicated to pay for the entire development and to balance the tax burden. Susan Lahr also questioned if one acre was enough space to dedicate to public gatherings and was advised that streets can also be closed off and used for public events as they do in Glenview. Gary Stittgen, 464 Country Place, Lindenhurst who is a local Real Estate Agent, gave a few examples of how Special Service Areas in other areas of the County experienced no problems with their marketability. Alex Horvat, Horvat’s Nursery, Grand Avenue indicated the Agreement calls for an access road that abuts 2000 ft. of his property line to the left. He had met with IDOT who indicated the developer could provide him access to his business from the spine road. Mr. Eiden responded that there is a provision in the agreement that the Horvat’s and any other subsequent users may be granted access with proper recapture costs. No hard costs have been established at this point. Brenda Balin, 149 Dittmer Lane, Lindenhurst expressed concern over the new CBR-2 zoning and that it would allow up to a 5-story building. Attorney Eiden explained that a 5-story building would only be built around the open green or contiguous to the green area. “The open green being in the approximate center of the development won’t allow any tall building to stick out obtrusively. In order to make the green function aesthetically it is better to have the tall buildings near and around it. Hence the tall buildings will be kept to the center of the site development. By going vertical to create a sense of mass it provides more opportunity for this open green space.” Ms. Balin asked if these proportional differences that would block sunlight from the green have been considered? Rick Swanson answered, “no one, the Village and Staff or the developers want to adversely affect the green because it is one of the defining points of this development.” Charlie added there would be a mix of heights near the green with the average building being 1 to 3 stories tall. Susan Lahr, 408 Stafford Court, Lindenhurst asked for an explanation of Horvat’s access and if customers would still have Grand Ave. access. Per Attorney’s Eiden and Phillips it is the Village’s understanding Mr. Horvat would still have Grand access and if he wishes to change the access to the spine road he can do so through paying his fair share of recapture costs. IDOT makes the final determination as to how the Grand drive cuts would be approved. Patrick Dunham, 653 Newport Circle, Lindenhurst stated he had requested and received a copy of the Annexation Agreement and mentioned that there still are a lot of blanks that need filling in on this document. Attorney Phillips stated that fact would be addressed shortly. Mayor Betustak declared the Public Hearing closed at 8:27 p.m. The Mayor announced that in discussions with Staff all of last week and today it is apparent there are quite a few “blanks” in the Annexation Agreement and it would be prudent to give Staff more time to work out the details. Mayor Betustak then proposed the Village Board not act on tonight’s Agenda Items B through F as follows: B. ORDINANCE: AUTHORIZING MAYOR TO SIGN ANNEXATION AGREEMENT FOR PARCELS REFERRED TO AS LINDENHURST VILLAGE GREEN, C. ORDINANCE: ANNEXING PROPERTY REFERRED TO AS LINDENHURST VILLAGE GREEN, D. ORDINANCE: REZONING PROPERTY KNOWN AS LINDENHURST VILLAGE GREEN (E) ESTATE RESIDENTIAL TO (R-4) MULTIPLE FAMILY AND (CBR-2) COMMUNITY BUSINESS RESIDENTIAL-2, E. ORDINANCE: DESIGNATING THE VILLAGE OF LINDENHURST ROUTE 45 /GRAND AVENUE BUSINESS DISTRICT NO. 1 AND IMPOSING A RETAILER OCCUPATION AND SERVICE OCCUPATION TAX THEREIN APPROVING A DEVELOPMENT AGREEMENT FOR THE VILLAGE OF LINDENHURST ROUTE 45 /GRAND AVENUE BUSINESS DISTRICT NO. 1, and F. ORDINANCE: AUTHORIZING EXECUTION OF THE DEVELOPMENT AGREEMENT REGARDING THE BUSINESS TAX PROCEEDS OF THE VILLAGE OF LINDENHURST ROUTE 45 /GRAND AVENUE BUSINESS DISTRICT NO. 1 and move these specific items to a Special Board Meeting sometime next week. General discussion occurred and the consensus of the Village Board was to schedule a Special Board Meeting for these items on Wednesday, March 21, 2007 at 6:00 p.m. since a previously scheduled Village Budget Meeting was already set for Monday, March 19, 2007. G. ORDINANCE: AMENDMENT NO. 1 TO THE 3/15/05 ENGINEERING SERVICES AGREEMENT WATER STUDY UPDATE, AQUIFER ANALYSIS, WELL SITE INVESTIGATION, WELL NO. 11 DESIGN AND CONSTRUCTION RELATED SERVICES (STRAND ASSOCIATES, INC.) – Engineer Welsh presented to the Board an addition to the original agreement that includes Well House No. 11 construction related services in the amount of $107,300. MOTION: A motion to adopt AN ORDINANCE AUTHORIZING EXECUTION OF AN AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT WITH STRAND ASSOCIATES, INC. FOR WATER STUDY, AQUIFER ANALYSIS, WELL SITE INVESTIGATION, WELL NO. 11 DESIGN AND CONSTRUCTION-RELATED SERVICES was made by Trustee Norlin and 2nd by Trustee Wayne. ORDINANCE NO. 07-3-1612
ON ROLL
CALL THE VOTE WAS: Mayor Betustak proclaimed the motion carried. H. HERITAGE PARK SUBDIVISION (LOT # 101) PERFORMANCE SURETY VALUE REDUCTION (PULTE HOMES) – Engineer Welsh reported that Pulte Homes has requested the Village approve a value reduction for the performance surety applicable to its development of Lot No. 101 in Heritage Park Subdivision. Pursuant to this request he has reviewed the status of all improvements associated with the project and determined that a reduction of value is warranted. Staff hereby approves and is requesting a reduction for the performance surety for value from its current value of $4,080,634 to a new value of $1,071,691. MOTION: A motion to authorize performance surety reduction to Pulte Homes for the Heritage Park Subdivision as recommended in the Wes Welsh memo dated March 8, 2007 was made by Trustee McCarthy and 2nd by Trustee Wayne.
ON ROLL
CALL THE VOTE WAS: Mayor Betustak stated the motion carried. I. ORDINANCE: AGREEMENT FOR DESIGN AND CONSTRUCTION RELATED SERVICES, WELL REHABILITATION AND FILTER MEDIA REPLACEMENT (STRAND ASSOCIATES, INC.) – Engineer Welsh presented to the Board the history of the rehabilitation and filter media replacement which include Wells No. 2,3,4,5 and 7. The filter media applies to Well No. 5 only. The project was presented as part of the 2007/2008 budgetary plan as necessary infrastructure improvements. MOTION: A motion to adopt AN ORDINANCE AUTHORIZING EXECUTION OF A SERVICES AGREEMENT WITH STRAND ASSOCIATES, INC. FOR DESIGN AND CONSTRUCTION-RELATED SERVICES, WELL REHABILITATION AND FILTER MEDIA REPLACEMENT was made by Trustee Messmer and 2nd by Trustee Czyzewicz. ORDINANCE NO. 07-3-1613
ON ROLL
CALL THE VOTE WAS: Mayor Betustak announced the motion carried unanimously. EXECUTIVE SESSION: None PUBLIC PARTICIPATION: None 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. Adjournment was at 8:36 p.m. |
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