Village of Lindenhurst Board Meeting Minutes 06.25.07


		VILLAGE OF LINDENHURST 2301 E. SAND LAKE ROAD REGULAR MEETING OF THE VILLAGE BOARD JUNE 25, 2007, 7:00 P.M. MINUTES
			CALL TO ORDER: Mayor Lahr called the Regular Board meeting to order at 7:00 p.m. ROLL CALL: Roll call showed those present were: Mayor Lahr, Trustees: Marturano, Messmer, Metzelaar, Wayne and Zerba. Also in attendance were: Administrator Stevens, Attorney Phillips, Engineer Welsh and Deputy Clerk, Cindy Spangler. Clerk Chybowski was absent due to a business obligation. Trustee Dunham was absent due to a military obligation. PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES: The minutes of June 11, 2007 were presented to the Board for approval. A motion to approve the minutes was made by Trustee Zerba and was seconded by Trustee Marturano. Trustee Metzelaar noted on page 5, first paragraph, the word “fending” be changed to “fencing”. With the above noted changes, the minutes were approved. All were in favor. Ayes-5 Nays-0 COMMUNICATIONS, COMMITTEE BOARD, & STAFF REPORTS: Trustee Zerba noted the Environmental Activity and Education Commission would be meeting Wednesday 6/27/07 at 6:00 p.m. in the Village Hall. The agenda includes preparation for Lindenfest and Daffodil Day in the fall. She attended the Lake County Forest Preserve Hastings Lake grand opening on 6/15/07 and the Raven Glen opening. She indicated both forest preserves are nearby the Village and have many amenities to be enjoyed by residents. Mayor Lahr presented John Miller with a key to the Village on 6/23/07, the day designated as “John Miller Day” in the Village. Mr. Miller is the proprietor of Linden Barber Shop and has performed services for residents for over 40 years. He and his wife are retiring to Nevada. OLD BUSINESS: A: ORDINANCE: AMENDING THE NUMBER OF LIQUOR LICENSES The Village Board had previously discussed the application for a Class B – Package Liquor Sales, Off Premises by a Mr. Harry Mahta, who wishes to open a retail space in the RJB Plaza located on the southeast section of Sand Lake Road and Route 45. Attorney Phillips was authorized to prepare the ordinance amending the number of liquor licenses. MOTION: A motion to amend the number of liquor licenses was made by Trustee Metzelaar and was seconded by Trustee Wayne. Ordinance No. 07-6-1638 THE ROLL CALL VOTE WAS: Ayes – 5, Trustees Marturano, Messmer, Metzelaar, Wayne and Zerba Nays – 0 B. DISCUSSION AND POSSIBLE ACTION: WEDGEWOOD SUBDIVISION/PROPOSED AMENDMENT(S) TO COVENANTS The representative of the Wedgewood subdivision homeowners association was not present and the discussion was postponed. NEW BUSINESS: A. DISCUSSION AND POSSIBLE ACTION: REVISION TO FENCING RESTRICTION – PROVIDENCE RIDGE Jeff Mitchell, VP of Landmark Homes, described the Providence Ridge subdivision of 25 lots which back to forest preserve property. The current declarations of covenants call for all fencing to be five ft. cedar, board on board. The desire of several homeowners is to have fencing with a non obstructed view of the forest preserve and would like to incorporate the option to install five ft. ornamental black wrought iron style fencing to the declarations. The proposal is to allow two choices. The Board entered into discussion that included examples of subdivisions with multiple fencing options, maintenance of fencing and overall aesthetics of fencing. The example of current discussions for the Wedgewood subdivision was referenced. Discussion included favoring homeowner choice. The consensus of the Board was there should be consistency and to request only one style should be permitted. The discussion was tabled advising Mr. Mitchell the Board would entertain a single style fencing proposal. B. ORDINANCE: AMENDMENT TO ZONING ORDINANCE – DEFINITION OF LOT COVERAGE Administrator Stevens explained the current zoning includes driveways, sidewalks and patios as lot coverage and can account for a large percentage of the coverage ratio. The current definition was prohibiting an in ground pool installation and has presented other conflicts in the past. The protection from over coverage is adequately addressed in the Lake County Storm Water Management ordinance and driveway width restrictions. The Plan Commission conducted a public hearing on 6/20/2007 regarding the proposed revision and recommended approval (5-0-0). MOTION: A motion to approve the Plan Commission recommendation and to amend the Zoning Ordinance to change the definition of lot coverage was made by Trustee Wayne and was seconded by Trustee Zerba. THE ROLL CALL VOTE WAS: Ayes – 5, Trustees Marturano, Messmer, Metzelaar, Wayne and Zerba Nays – 0 Ordinance No. 07-6-1639 C. ORDINANCE: LAKE COUNTY PARTNERS: MEMORANDUM OF UNDERSTANDING. Administrator Stevens advised the Board that the Village has supported Lake County Partners in the past and they represent a significant economic development and transportation entity in Lake County. The contribution request of $2800 has increased from last year. The brake down is $2,225 to Lake County Partners (population based) and $575 for the Lake County Transportation Alliance. The scope of services provided include business retention and expansion, business recruitment, competitiveness, marketing, data sources and reporting. The Board inquired to any specific benefit provided to the Village and were advised any benefit to the overall economic health of the county has an offset benefit to individual communities. MOTION: A motion to adopt an ordinance authorizing the Mayor to sign the Memorandum of Understanding and the pay the associated fees in the amount of $2800 was made by Trustee Zerba and was seconded by Trustee Marturano. THE ROLL CALL VOTE WAS: Ayes – 5, Trustees Marturano, Messmer, Metzelaar, Wayne and Zerba Nays – 0 Ordinance No. 07-6-1640 D. PROVIDENCE WOODS SUBDIVISION: RELEASE OF PERFORMANCE SURETY AND ACCEPTANCE OF A 2-YEAR MAINTENANCE BOND Engineer Welsh presented the status of the subdivision indicating that all required improvements have been provided by the developer (Landmark Homes) with the exception of an area of sidewalk remaining to be completed. The Village can tie the completion of the sidewalk to the issuance of the certificate of occupancy to the home site at the same location. He recommended maintenance status be granted as of 6/30/2007 in the value of $118,165 and expiration of the maintenance bond be dated 6/30/2009. MOTION: A motion to release the performance surety and accept a 2-year maintenance bond for the Providence Woods Subdivision in accordance with the terms set forth in the Wes Welsh memo dated 6/19/2007 was made by Trustee Messmer and was seconded by Trustee Marturano. THE VOICE VOTE WAS: Ayes – 5, Nays – 0 Mayor Lahr declared the Motion carried E. BEACH PARK BASEBALL: REQUEST FOR DONATION OF FENCING Administrator Stevens presented that the Village possesses old chain link fencing. It had previously bordered the Village property line from Village Hall and adjacent Slove Park and was replaced with the current cedar board on board fencing. The fencing and posts were to be scraped or sent to auction with uncertain value anticipated and additional transportation expense to the Village. An employee of the Village is involved with the Village of Beach Park Baseball League and they are in the need of fencing to meet a safety requirement. Mr. Stevens indicated the Park District did not have any use for the fence and there were no other solicitations. The Board was in favor of the donation and suggested if such circumstances occur in the future to check with Lake Villa Township sports organizations, in which Lindenhurst children participate, for any potential interest. MOTION: A motion to donate the used fencing to the Beach Park Baseball League was made by Trustee Messmer and was seconded by Trustee Metzelaar. THE VOICE VOTE WAS: Ayes – 5, Nays – 0 Mayor Lahr declared the Motion carried F. ENVIRONMENTAL ACTIVITIES AND EDUCATION COMMISSION/REQUEST TO ADD MEMBERS Mayor Lahr presented that the referenced commission had approached her with a request to add a member going from a 5 to 6 member commission. There were no objections to the request and the Board authorized the Village Attorney to prepare an ordinance amending the number of commissioners accordingly. G. BID AWARD: EMBANKMENT REPAIR (HARVEST HILL & FARMINGTON GREEN) Engineer Welsh presented to the Board that a single bid was received May 10th for the project (from a pre-qualified bidder list of three companies). The bid respondent offered an alternative construction process which was reviewed and determined to be viable as well as less expensive. The bid award is conditional upon receipt of two home owner association’s written authorization (both partially own the property). It was noted the funding for the embankment repair came from maintenance bond litigation with the original developer and not Village tax dollars. MOTION: A motion to accept Engineer Welsh’s 6/21/2007 memo regarding the conditional bid award was made by Trustee Wayne and was seconded by Trustee Messmer THE ROLL CALL VOTE WAS: Ayes – 5, Trustees Marturano, Messmer, Metzelaar, Wayne and Zerba Nays – 0 H. LINDENHURST PARK DISTRICT - REQUEST TO REMOVE SPLIT RAIL FENCE (SLOVE PARK) The Board referred to various Park District communications including a letter from the Park District’s risk management provider who concluded the fencing in question was not intended to be a barrier and it is considered ornamental or decorative. On that basis the Board was of the consensus to allow removal of the fencing. MOTION: A motion to allow removal of the fencing per the 6/12/2007 recommendation from PDRMA was made by Trustee Zerba and was seconded by Trustee Metzelaar. THE VOICE VOTE WAS: Ayes – 5, Nays – 0 Mayor Lahr declared the Motion carried. I. APPOINTMENTS: BOARD AND COMMISSIONS Mayor Lahr presented the following appointment recommendations: Environmental Activities and Education Commission: Jack Ruskin, Chairman. Lakes Commission: Ken Funk, Chairman, Chris Carlson, William Ellefson and John Cousineau all re-appointed. Plan Commission: Jane Gattone, Chairman, Alice Cattani re-appointed. Veteran’s Commission: Paul Baumunk, Chairman, Dean Parkman, re-appointed. Jim Miranda, Jonathan Wertman and Julian Panolli have each resigned leaving 3 open positions. Greater Lindenhurst, Lake Villa Area Fine Arts Counsel: David Hartwig Trustee Carol Zerba is being designated as the Board liaison for the Lake County Forest Preserve - $14 million dollar Grand Avenue Maintenance Facility. MOTION: A motion to approve the appointments as recommended was made by Trustee Wayne and was seconded by Trustee Marturano. THE VOICE VOTE WAS: Ayes – 5, Nays – 0 Mayor Lahr declared the Motion carried. B. DISCUSSION AND POSSIBLE ACTION: WEDGEWOOD SUBDIVISION/PROPOSED AMENDMENT(S) TO COVENANTS The homeowner association of the Wedgewood Subdivision had previously made a presentation to the Board requesting amendments to subdivision covenants to allow four different styles of fencing with two color options and also changes to building envelopes. The consensus of the Board at the meeting of June 11, 2007 was to allow one style of fencing and one color. MOTION: A motion to not approve four styles and two colors of fencing was made by Trustee Zerba and was seconded by Trustee Messmer. THE ROLL CALL VOTE WAS: Ayes – 3, Trustees Messmer, Wayne and Zerba Nays – 2, Trustees Marturano and Metzelaar MOTION: A motion to approve the second portion of the request with regard to building envelopes was made by Trustee Marturano and was seconded by Trustee Zerba. THE ROLL CALL VOTE WAS: Ayes – 5, Trustees Marturano, Messmer, Metzelaar, Wayne and Zerba Nays – 0 PUBLIC PARTICIPATION: Mayor Lahr announced the Board was scheduled to move into Executive Session and opened the meeting to public comments. Peter Parker of the Lake Villa Fire Protection District indicated the new fire station on Grass Lake Road is progressing and the District is working with the Village to develop a mutual fire code. The next District meeting will be July 9, 2007 at 6:15 on the site of the new station. Carl Norlin volunteered at the SWALCO electronic recycling collections event held at the Village Hall public works facility on June 16, 2007. He complemented the public works staff for their efficiency and inquired if a Board liaison to SWALCO has been designated. Mayor Lahr advised a designate would be named within 30 days. Dan Jazo – 787 Monroe stated he arrived late and wanted to know if there had been changes made regarding pool regulations. He was previously denied a permit due to the desired square footage. He was advised a change had been made and he should contact the building department. MOTION: A motion to move to Executive Session was made by Trustee Wayne and was seconded by Trustee Marturano. ON ROLL CALL THE VOTE WAS: Ayes – 5, Trustees Marturano, Messmer, Metzelaar, Wayne and Zerba Nays – 0 The Board moved to Executive Session at 8:11 p.m. RE-CONVENE: The Regular Meeting re-convened at 9:11 p.m. MOTION: A motion to adjourn the meeting was made by Trustee Messmer and seconded by Trustee Marturano. All were in favor, Ayes – 5, Nays – 0. ADJOURNMENT: The meeting was adjourned at 9:12 p.m.