VILLAGE OF LINDENHURST

MOTION A motion to accept the March Treasurer’s Report was made by Trustee Dunham, seconded by Trustee Wayne.

THE ROLL CALL

VOTE WAS: Ayes-5 Trustees Dunham, Wayne, Marturano, Metzelaar, Messmer.

Nays-0

APRIL BILLS

PRESENTED FOR Trustee Dunham moved to pay the April bills in the amount

PAYMENT of $849,868.98, seconded by Trustee Wayne.

THE ROLL CALL

VOTE WAS: Ayes-5 Trustees Dunham, Wayne, Metzelaar, Marturano, Messmer.

Nays-0

COMMUNICATIONS

COMMITTEE BOARD

& STAFF REPORTS Trustee Metzelaar stated April 15 is the next meeting of the Lakes Commission. The Lakes Commission will have a booth at Earth Day on April 19. The Lakes Commission will make a presentation on April 28 at the regular Board meeting regarding improvements in the lakes in Lindenhurst. Metzelaar said that SWALCO will be sponsoring an electronics collection April 26 at the Village Hall from 9am – 12:30 pm. Lastly, SWALCO is sponsoring a residential tire and oil recycling event on Tuesday, May 13, from 9am – 3pm at the Lake County Fairgrounds.

Trustee Maturano shared he attended Lake Villa Fire Protection District meeting on April 10, where approval was given to purchase four new heart monitors for the rescue squad units. The goal is to purchase a fifth monitor by holding a fundraiser. Marturano also stated that EMS is having an open house on Saturday, May 24, at the Safety Building and that notices will be mailed to residents in the near future.

Trustee Marturano stated he attended the Park District meeting on April 8 where the budget was approved. Marturano informed that the Park District would have a booth at Earth Day on April 19, providing one last opportunity for residents to offer input regarding expansion of Lindenhurst’s trail system. Mayor Lahr acknowledged the three meetings previously held regarding this project.

Trustee Dunham reminded the Board that Earth Day is April 19 from 10am – 1pm in the Public Works building, preceded by the annual Village clean-up starting at 9am.

Mayor Lahr requested input from the Board regarding The PAR Group, a municipal search firm. Lahr stated their cost for consultation and full-cycle recruiting is $15,000. Trustee Marturano commented this firm seems to be well renowned in placing candidates municipal government and that if they are chosen, they could perform the job search based on our criteria and present the top 2-3 final candidates for Board review. Mayor Lahr agreed, stating the importance of the Board interviewing a smaller pool of top candidates. Trustee Wayne expressed his view that, given the importance of the position and the point the Village is at with regard to development, this would be an investment in Lindenhurst’s future. Trustee Metzelaar shared her positive impression of the PAR Group.

Mayor Lahr asked for Board consensus to move forward with the PAR Group; the Board concurred.

Attorney Phillips updated that a letter was sent to the corporate office of Exceed Development regarding two vacant houses on Hwy 45 (37750 Route 45, and 37800 Route 45), providing advanced notice to the attorney for Exceed, Greg Treffani.

Attorney Phillips updated the Board regarding the AT&T Project Light Speed boxes in conjunction with the Village ordinance passed by the Board last fall. Phillips stated there are two areas of contention between the Village and AT&T: 1) AT&T does not want to pay the $150 inspection fee per box as outlined in the Village’s ordinance; and 2) AT&T is willing to pay only $1,500 per box for landscaping and maintenance by the Village, rather than $2,000/box per ordinance, based on AT&T’s determination of necessity. Engineer Welsh stated he has the applications but the required permits have not yet been issued. Trustee Messmer opined that because of the size of the AT&T utility boxes (2’ x 4’ x 4’), they could be an eyesore if not properly maintained and landscaped. Attorney Phillips stated that AT&T cannot proceed with high speed internet until this issue is resolved.

OLD BUSINESS None

NEW BUSINESS A. Public Hearing: FY 08/09 Budget

Administrator Stevens overviewed the fiscal year 2008/2009 Village budget and the process followed to this point. Stevens advised the budget continues to increase each year at a rate of 2.5 to 3.5%. Table A, B, C, F and G were detailed, with Stevens sharing that the total budget amount is $12,711,347. Stevens highlighted the fact that the Engineering & Building Departments would incur $524,000 in inspection-related expenses for Village Green but that the Village would be able to recoup these expenses.

Chief McKeever commented that $18,000 is being requested in the current budget to provide a part-time position for an additional community service officer.

Administrator Stevens summarized specific line items in the budget, including storm sewer expenses; special pavement repairs; purchase of a backhoe loader; building a salt barn; cleaning and maintaining sanitary sewers; rehabbing of well no. 9. Stevens pointed out that the Village portion of the tax rate will drop from .227 per $100 of assessed valuation to .225.

After brief comments, the Public Hearing was closed.

B. Ordinance: Adopting the FY 08/09 Budget

ORDINANCE No. 08-04-1692

MOTION Trustee Dunham made a motion to adopt the FY 08/09 budget, seconded by Trustee Wayne.

ON ROLL CALL Ayes – 5, Trustees Dunham, Wayne, Marturano, Metzelaar,

Messmer.

Nays – 0

C. Discussion: Village Green Declarations of Covenants

Attorney Phillips stated in working with Steve Rothchild, representing Oliver McMillan, he wanted Board input on issues. Phillips referenced the standards of sidewalk cafés in the Board packet, specifically issue #D, stating the developer wanted to remove language regarding the outdoor restaurant area being visible from the restaurant. Phillips stated his concern about ensuring outdoor areas are policed since alcohol would be served. Rothchild stated the operator of the restaurant is required to police the sidewalk. Discussion ensued regarding whether outdoor areas serving alcohol are required to be contained, how the area would be accessed, and the operator of the restaurant’s responsibilities to ensure patrons are not over-served. Additional discussion took place regarding repercussions for abuse of alcohol in a restaurant and how to handle potential scenarios regarding any abuse of alcohol.

Attorney Phillips discussed adding language stating food and alcoholic beverage served in sidewalk cafes should be limited to persons seated at tables in the sidewalk café area. Rothchild stated he would add this language.

Attorney Phillips next addressed the covenants the developer and owners of properties within Village Green would follow. Charlie Hickcox stated Oliver McMillan’s position is that once the covenants are approved, they would not be changed without Village Board approval. Additionally, Hickcox stated the Village would have self help rights on maintenance and repair if necessary.

Attorney Phillips addressed the topic of outdoor sales, including frequency, and Oliver McMillan’s desire to control such events independently from the Village in the Green. Phillips advised that the current ordinances do not allow for outdoor sales without special permission from the Village. Discussion took place regarding potential schedules for retailers to hold outdoor sales and potential impeding of foot traffic during outdoor sales.

Trustee Wayne inquired as to how a precedent set at Village Green could impact other retailers in the Village. Attorney Phillips stated precedent would be incorporated village-wide and pointed out that special events in Linden Plaza have been allowed in the past by special approval. Mayor Lahr suggested this topic be tabled until the next meeting.

D. Ordinance: Approving the Site Plan for the Commercial Portion of Village Green

ORDINANCE 08-04-1693

Charlie Hickcox stated that the Plan Commission made a recommendation for the Village Board to approve the Village Green site plan. Discussion regarding Falling Waters subdivision and access to the Green, the traffic study and subsequent determination of stop lights, and the impact of utilities and easements ensued. Mayor Lahr commented that Falling Waters Way was not intended to be a thoroughfare to Village Green, but rather more for local access. Responding to a concern raised regarding access by delivery vehicles coming into the Green to deliver goods, Mayor Lahr stated the entrance and exit would be from Chatham Trail

Mayor Lahr mentioned that resident Luigi DeAngelis requested the Board to postpone moving forward with approval of the Village Green site plan due to his evolving development project. Charlie Hickcox stated Oliver McMillan is not in discussions with Mr. DeAngelis at this time. Trustee Dunham expressed his opinion that the Village needs to continue moving forward with Village Green. Attorney Phillips added that the Village has reviewed 20-30 renditions of the site plan over the last few years. Mr. DeAngelis stated he had been working on a proposal over the last year and expressed there has been economic justification and support from the marketplace, reiterating his request to consider postponing the site plan.

Trustee Wayne commented Mr. DeAngelis brings creative ideas that could be complimentary; however, he could not support holding up the project. Trustee Messmer concurred. Mayor Lahr commented that Mr. DeAngelis has ideas she would like to see come to fruition, but not at the expense of holding up the bigger project. Lahr stated her desire to proceed with approval of the site plan. Trustee Marturano commented that, with countless hours the administration and developer have worked before sending to the Plan Commission, a delay could be a disservice to the community.

MOTION Trustee Messmer made a motion approving the site plan for the commercial portion of Village Green with the contingency the developer comply with the terms and conditions of the March 26, 2008 Memorandum of Meehan & Co. and that the developer also comply with the terms and conditions of the March 21, 2007 Annexation Agreement, seconded by Trustee Dunham.

ON ROLL CALL Ayes – 5, Trustees Messmer, Dunham, Marturano, Wayne,

Metzelaar

Nays – 0

E. Ordinance: Approving the Release of Certain Executive Session Minutes (2004 – 2007)

ORDINANCE 08-04-1694

Attorney Phillips stated he reviewed all Executive Session minutes approved but not released and recommended two sets of minutes for release: May 29, 2007 and January 28, 2008. Phillips recommended not releasing Executive Session minutes regarding a personnel, union or litigation issues still pending.

MOTION Trustee Metzelaar made a motion approving the release of certain Executive Session minutes from 2004 – 2007, seconded by Trustee Marturano.

ON ROLL CALL Ayes – 5 Trustees Metzelaar, Marturano, Messmer, Wayne,

Dunham.

Nays – 0

F. Authorization to Bid Phase 1 – Grand Avenue Water Main

Improvements

Engineer Welsh explained Board approval was need to take the Grand Avenue water main improvement project to the bid phase, adding that permits have been applied for with I-DOT and that permits are expected from the EPA later in the week.

MOTION Trustee Dunham made a motion allowing the water main project to go to the bid phase, seconded by Trustee Metzelaar.

ON ROLL CALL Ayes – 5, Trustees Dunham, Metzelaar, Messmer, Wayne,

Marturano

Nays – 0

G. Municipal Utility/Facility Acceptance on a County Highway

Engineer Welsh explained that Liberty Community Church will be building on Gelden Road and that the planned infrastructure improvements are on a county highway right of way. Standard procedure for this scenario requires the Mayor and Village Clerk to sign the acceptance.

MOTION Trustee Messmer made a motion allowing utility/facility acceptance on a county highway, seconded by Trustee Dunham.

ON ROLL CALL Ayes – 5 Trustees Messmer, Dunham, Metzelaar, Marturano,

Wayne

Nays – 0

H. Ordinance: Authorizing the Execution of Third Amendment to Option and Site Lease Agreement/Denali Spectrum Operations

ORDINANCE 08-04-1695

Mayor Lahr stated the amendment to the ordinance was to make a slight modification to the height for a cell phone tower, in accordance with the AT&T communications lease on Waterford, to 134’.

MOTION Trustee Wayne made a motion approving the ordinance amendment, seconded by Trustee Marturano

ON ROLL CALL Ayes – 5, Trustees Wayne, Marturano, Metzelaar, Messmer,

Dunham

Nays – 0

I. Public Hearing: Horvat Property Annexation Agreement

Attorney Phillips stated that a publication notice for Notice of Public Hearing tonight 7pm regarding the former Horvat property was published in the News Sun on March 29, 2008.

Attorney Mark Eiden spoke on behalf of the owner of the property, Grand Avenue Acquisitions, LLC, and requested an annexation agreement be executed similar to the agreement for Village Green. The draft Agreement describes the 7.3 acre property at intersection of the spine road and Route 132. Eiden stated the property can be annexed under annexation law, and is proposed in accordance with a comprehensive plan to fall within CBR-2. The property is along a major highway and would therefore generate more income to the Village from sales taxes. The Annexation Agreement will have tentative and final plats of subdivision attached. Eiden continued the document evidences a one-lot subdivision and an outlot reserved for conveyance to the Illinois Dept of Transportation to add dimension to Route 132. There is currently no site plan for the property, as CBR-2 will govern development until prepared. Eiden stated the usual provisions for sanitary and water are contained in the Agreement.

Attorney Phillips referenced two issues of interest to the Board. On page 5 of the draft Agreement, item C requests a financial institution on-site at Village Green. Phillips stated this is in conflict with the current CBR-2 zoning ordinance, wherein a bank or financial institution with drive-up facilities on the first floor is not allowed. Discussion took place regarding the pros and cons of allowing a financial institution on the grounds of Village Green and potential need for a financial institution in a high power retail commercial center. Charlie Hickcox clarified this development is part of the Swanson Group, not Oliver McMillan, and not in the business district. Hickcox suggested a bank would be very helpful for retailers in the Green. Trustee Metzelaar noted the potential convenience of a bank on the property. Trustee Messmer commented that banks pay the highest property taxes per square foot. Attorney Phillips recommended changing item C from plural (banks) to singular (a bank) and to reference the total acreage (“not to exceed a certain percentage of the total acreage”).

The second issue raised by Attorney Phillips referenced the home on Route 45 on the Oliver McMillan property. Charlie Hickcox stated that the home and surrounding area would be coming down in May when they get the permit to do mass grading. With regard to the O’Leary Swanson property, the bids out for demolition should be back in three weeks.

Mayor Lahr closed the public hearing for the Horvat property annexation agreement at 7:44 pm.

PUBLIC

PARTICIPATION Vincent Springer 2119 Woodlane Drive stated he wanted to publicly thank Jim Stevens for his help, stating his knowledge was very helpful for his time served on the Plan Commission.

With the retirement of Administrator Stevens, board members and residents shared their personal, positive experiences in working with Administrator Stevens over the last twenty three years. Stevens thanked the community and shared that his career with the Village of Lindenhurst has been very rewarding and fulfilling.

MOTION A motion to adjourn the meeting was made by Trustee Wayne, seconded by Trustee Marturano. Upon a voice vote, the motion carried.

ADJOURNMENT The meeting was adjourned at 8:05 pm.

Date Approved__________________________________

_______________________________ _________________________________

Susan Lahr, Mayor Patty Chybowski, Clerk