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VILLAGE OF LINDENHURST REGULAR MEETING OF THE VILLAGE BOARD |
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CALL TO ORDER: Mayor Lahr called the Regular Meeting of the Village Board to order at 7:00 pm. ROLL CALL: Roll call showed those present were Trustees: Marturano, Messmer, Metzelaar, Wayne, Zerba. Trustee Dunham was out of town on business. Also in attendance were Administrator Stevens, Attorney Phillips, Treasurer Neubauer, Chief of Police McKeever and Clerk Chybowski. Engineer Welsh was on vacation. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: REGULAR BOARD MEETING OF May 29, 2007 and EXECUTIVE SESSION of May 29, 2007: The Mayor asked for a motion to approve the Regular Board Meeting minutes of May 29, 2007 and the Executive Session of May 29, 2007 MOTION: A motion was made by Trustee Zerba to approve the Regular Board Meeting minutes of May 29, 2007, and the Executive Session of May 29, 2007; seconded by Trustee Marturano. Mayor Lahr announced the motion carried with all in favor on a voice vote. The minutes were approved. TREASURER’S REPORT: Treasurer Neubauer presented the June 2007 Treasurer’s Report stating the bank balances for all accounts on April 28, 2007 are $9,729,085.25. Receipts $555,772.04. Expenses $218,152.77; Bank Balances for all accounts on May 30 were $10,066,704.52. MOTION: A motion to accept the May 2007 Treasurer’s Report was made by Trustee Wayne and seconded by Trustee Metzelaar. ON
ROLL CALL THE VOTE WAS: Mayor Lahr stated the motion carried. JUNE BILLS PRESENTED FOR PAYMENT: Trustee Wayne stated he had reviewed the June bills and recommended payment in the amount of $742,677.35. MOTION: Motion was made by Trustee Wayne, seconded by Trustee Messmer, to authorize payment of June bills in the amount of $742,677.35. ON
ROLL CALL THE VOTE WAS: Mayor Lahr stated the motion carried. COMMUNICATIONS, COMMITTEE, BOARD & STAFF REPORTS: Mayor Lahr announced there are upcoming openings/vacancies on Village committees, requesting anyone knowing a resident interested in serving on a committee to please contact a Village Board member. The goal is to fill any open positions in the upcoming weeks. Environmental Commission: Next meeting will be held On June 20, 2007 at 6:00 pm at the Village Hall. Veterans Memorial Commission: Met on June 4. Discussed lighting changes that have been proposed for the memorial regarding a reduction of voltage. Also discussed the fact that there is an evergreen tree that is very close to one of the bollards, potentially causing a problem as it grows. The Veterans Memorial Commission also made a recommendation to the Mayor regarding a peace pole and peace gardens; Mayor Lahr will report on this once information from the Environmental Commission is received. Stanley Danaj, a VFW member and Korean and WWII vet, passed away on June 9, 2007. The Village Board has liaison roles to committees. These will be discussed in the coming weeks to see whether any changes will be made. OLD BUSINESS: None NEW
BUSINESS: The second change deals with building envelopes, stating that the covenants prohibit any building or improvements outside the building envelope, with the exception of driveways, preventing residents from adding decks and porches. Sellers stated that Wedgewood residents are requesting a change to covenants allowing the exclusion for driveways, as well as fences, patios, decks, landscaping and in-ground swimming pools, to be allowed to be installed outside of the building envelope. There were 21 approvals out of a total of 24 regarding this proposed covenant change. Discussion ensued regarding the proposed covenant changes. Trustee Messmer inquired as to whether the current covenants allow Wedgewood residents to build the proposed fences. Sellers stated that current covenants only allowed for board-on-board cedar fences, adding that the covenants were written by the developer. Trustee Zerba commented that she is generally against fences in Lindenhurst. Since Sellers submitted four different styles for proposed fences, Trustee Zerba said that, from her perspective, if the change in fencing were to be allowed, only one style should be chosen in order to maintain consistency throughout the development. Trustee Metzelaar commented that the four styles are similar enough that they don’t necessarily conflict with each other. Sellers stated he originally distributed a ballot stating the fences should be black in color and that several residents stated they desired a different color. Attorney Phillips communicated that when Grants Grove wanted to change their covenants to add fencing, they chose one type of fencing in one color. Trustee Zerba reiterated her position that differences in fencing color can detract from the entire subdivision. Trustee Wayne added that once you see an example of differences in fences, you understand why it detracts and that the Board has been restrictive for a good reason. Trustee Wayne went on to state that if Wedgewood would settle on a specific style and one color, the Board would be open to a potential change in covenants. Trustee Zerba stated that changing the covenants regarding building envelopes would assume someone would potentially request to put in pools. She went on to say that she would consider allowing the building envelope change, but that the Village would need to be prepared for every homeowners association in the Village to want the same thing. Trustee Messmer stated that current ordinances would address swimming pools, decks, etc., relative to being a certain distance from the house, and that these ordinances would prevail in this situation. Trustee Wayne suggested the change regarding building envelope include fences in the exclusion, but that he’s somewhat concerned about patios, decks and, particularly, pools, outside of the building envelope. Attorney Phillips commented that there is a yard setback in the rear and on the side of properties and that, while fences could be on the perimeter, some of the other items could not, adding whatever was more restrictive would prevail. Trustee Marturano asked whether Grants Grove made an allowance for wrought iron fences. Attorney Phillips stated this was correct; their original covenant called for a split rail fence that had to be along the side or the rear of the yard, not just the perimeter. Grants Grove wanted covenants to be changed to metal, perimeter fences. Trustee Marturano further inquired as to whether the Village set a precedent regarding Grants Grove and Attorney Phillips stated that they had not. Trustee Marturano stated that if homeowners wanted different color fences, that should be their prerogative, as they would be the ones to live with the choice. Trustee Zerba reiterated that unless the request was for one style and one color, she could not vote for it. Mayor Lahr commented that today was an opportunity for discussion and that if Sellers would go back and share the information discussed today with the homeowners association, this issue could come before the Village as an agenda item in the future. Trustee Zerba asked whether there was a Board consensus to allow building outside of the building envelope. Mayor Lahr was advised by Attorney Phillips that, while there would not be a formal vote of approval, a consensus could be taken. Sellers concluded that he felt the homeowners would take “something rather than nothing” regarding the proposed covenant changes. Trustee Wayne commented that today there are new fencing materials available, wherein in the past there was not. Trustee Wayne also said he would prefer one color, one style of fence, stating that the group of homeowners will ultimately be happier. Mayor Lahr inquired whether there was a consensus on one style, one color of fencing with the Board. It was determined that there was a consensus. Regarding the proposed change in covenants relative to building envelopes, Mayor Lahr inquired as to Board consensus. It was determined that there was a consensus. Trustee Wayne added that he would like an opportunity to review ordinances regarding patios, decks and pools to make sure the Village does not have exposure. Trustee Marturano agreed, stating that if there is no conflict regarding ordinances, he was agreeable to the change.
B. Ordinance: Special Use to Conduct Day Care (Pitter Patter) Attorney Phillips summarized that the Plan Commission did recommend the special use for Pitter Patter Child Care. Meehan & Company, Inc., a certified planning company, referenced special considerations that must be taken into account by a Plan Commission and Village Board before making a recommendation to approve the special use of a facility. Beginning on page 4 of the Meehan Memo, the Plan Commission reviewed items 1-7 and 1-4 and found the special use request was not in conflict with these provisions for special use. The Findings of Fact that the Plan Commission made in reference to these items concluded that the proposal met these requirements. Additionally, there were other criteria on page 5 of the Meehan Memo stating that the hours of operation are from 6:30 am – 6:00 pm daily and that any other conditions the Board felt necessary to be placed on special use would be abided by. Trustee Wayne stated that the previous owner was allowed a similar arrangement for special use and that this criteria was not different. Attorney Phillips commented that special use is granted for a particular location with a particular user. If the user changes or location changes, the Village has an opportunity to re-evaluate the criteria. Mayor Lahr requested a motion regarding the ordinance. MOTION: A motion to adopt AN ORDINANCE APPROVING A SPECIAL USE FOR THE OPERATION OF A CHILD DAY CARE CENTER BY PITTER-PATTER CHILD CARE, INC. AT 2402 HARBOR RIDGE WAY IN WATERFORD COMMONS SUBDIVISION was made by Trustee Marturano, seconded by Trustee Metzelaar. ORDINANCE NO. 07-6-1636 ON
ROLL CALL THE VOTE WAS:
C. Discussion: Request for Package Liquor License Mayor Lahr commented that Lindenhurst currently has ten (10) liquor licenses and a special liquor license for Lindenfest. Attorney Phillips added that it has been Lindenhurst’s practice historically not to have licenses available within the village. The reason for this, Attorney Phillips stated, was that if the Village were to have licenses available, and an applicant passes a background check process, the liquor license would have to be granted regardless of where it would be located in the Village and regardless of the specific use. As of now, we have 10 authorized licenses and 10 licenses granted. It will be the Board’s decision as to whether or not we want to allow another license based on whether the Board believes this is a necessary use. Trustee Zerba asked whether there would be any liquor sold at the Walgreens that is currently under construction in this same plaza on Route 45. Attorney Phillips stated there would not be liquor sold at Walgreens. Attorney Phillips stated that Lindenhurst has four Class B liquor licenses currently in the Village. Class B licenses are for sales of alcohol or liquor in original packages not for consumption on the premises. These are held by Grass Lake Grocery, Cardinal Liquor, Butera and CVS. Trustee Marturano asked whether Mr. Mehta holds other liquor licenses. Attorney Phillips said he understands he holds another liquor license in the County. Trustee Metzelaar asked for clarification as to whether the license is being requested for a convenience store or a liquor store. Administrator Stevens responded it was for a retail liquor store. Mayor Lahr asked how it would be handled if an individual that has a liquor store license changes the composition of the store to a mini-mart, for example. Administrator Stevens stated that he could adjust his line of merchandise and, for example, carry groceries. Attorney Phillips concurred, stating that as long as the zoning requirements were met where the building is located, there would not be a problem. Administrator Stevens said the procedure would be that if the Board deemed it appropriate, another liquor license could be created. Mayor Lahr requested a consensus of the board as to approving a liquor license for Mr. Mehta. Attorney Phillips stated the first step would be to create a license by ordinance at the next meeting. Once this is created, since there is an application on file and the qualifications are met, the new license can be granted to him by the Liquor Commissioner, Mayor Lahr. Administrator Stevens said the Board could get a consensus tonight to do it or not do it. Mayor Lahr posed a question to the Board as to whether to move forward. Trustee Zerba stated she was not opposed. Trustee Wayne commented that he is not opposed, stating there will soon be a Walgreens on this same corner and that multiple needs would be met for consumers. Mayor Lahr stated we would move forward creating an ordinance and that this would be added to the next meeting agenda.
D. CONSENT AGENDA Administrator Stevens summarized the items on the Consent Agenda for informational purposes.
1) Ordinance Prevailing Wage
2) Authorization to BID FY 07/08 Budgeted Items;
Sidewalk
Improvements; Pavement Crack Sealing; Storm Sewer Lining; Sprucewood
Lane Road Attorney Phillips added that whenever we have any public works projects, the state requires us to make sure the contractors doing the work for us follow the state prevailing wages. There are criminal penalties involved for contractors who do not follow the mandated wages. Attached to the ordinance is the Lake County prevailing wages for the year 2007 that have been published by the Illinois Department of Labor. MOTION: Mayor Lahr requested a motion to adopt a Consent Agenda regarding 1) ORDINANCE PREVAILING WAGE and 2) AUTHORIZATION TO BID FY 07/08 BUDGETED ITEMS; SIDEWALK IMPROVEMENTS; PAVEMENT CRACK SEALING; STORM SEWER LINING; SPRUCEWOOD LANE ROAD PROGRAM (CDBG). Motion made by Trustee Wayne, seconded by Trustee Messmer. ON
ROLL CALL THE VOTE WAS: ORDINANCE NO. 07-6-1637 Mayor Lahr inquired as to whether the Board had any additional questions regarding the Consent Agenda. Hearing none, Mayor Lahr requested a motion to approve. Trustee Zerba made the motion to approve, seconded by Trustee Metzelaar. ON
ROLL CALL THE VOTE WAS: Mayor Lahr announced the motion carried. EXECUTIVE SESSION: None PUBLIC PARTICIPATION: Carl Norlin. 523 Hillcrest Lane; Communicated the Village’s electronics recycling event would be Saturday, June 16 at the Village garage from 9am – 12noon. Pete Parker, Lake Villa Fire Protection District, gave an update on the construction of the new Fire Department, stating the walls were going up today and that the project was moving along very well. Tentative scheduling shows the facility could be done the end of January, 2008. Gary Stittgen, 464 Country Place, commented regarding a Letter to the Editor in the News Sun by former mayor Jim Betustak. Stittgen shared that he thought the letter was shameful and that, as a person that ran on the former mayor’s ticket, he found it insulting to new board and mayor, but also to the residents and voters, in general. Stittgen went on to say that a 32% voter turnout is phenomenal and that voters are educated, smart, and proud to live in Lindenhurst and for the former mayor to disparage them was in bad taste. Stittgen expressed his support to the new administration publicly and stated he looks forward to working with the administration for the next 4 years. ADJOURNMENT: A motion to adjourn the Regular Village Board Meeting was made by Trustee Wayne, seconded by Trustee Zerba. Upon voice vote, the motion carried. Adjournment was at 7:45 pm. |
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