VILLAGE OF LINDENHURST
2301 E. SAND LAKE ROAD

REGULAR MEETING OF THE VILLAGE BOARD
JULY 23, 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, Treasurer Art Neubauer and Clerk Patty Chybowski.  Trustee Dunham was absent due to a military obligation.

PLEDGE OF ALLEGIANCE  

APPROVAL OF THE MINUTES:  The minutes of July 9, 2007 were presented to the Board for approval.  A motion to approve the minutes was made by Trustee Marturano and was seconded by Trustee Zerba.

Trustee Zerba commented that on page 3, the comment by Zerba should have the words “the proposal” following the word ‘implementing.’

With the above noted change, the minutes were approved.

All were in favor.

Ayes-5
Nays-0

COMMUNICATIONS; COMMITTEE BOARD & STAFF REPORTS:

Appointments for the Board and Commissions will be tabled until the next meeting when all appointments should be finalized.

Trustee Zerba shared that the Environmental Activity and Education Commission will be meeting Wednesday, July 25, at 6:00 p.m. in the Village Hall.  The agenda includes finalizing plans for Lindenfest and for Daffodil Day in the fall.  Anyone is welcome to attend.

Mayor Lahr stated that the Lindenhurst’s Village Board Crosstown Classic will be held on August 25, which is the annual softball game played against the Lake Villa Board.

Trustee Messmer left the meeting at 7:04 p.m.

OLD BUSINESS:  A: CONTINUED DISCUSSION:  PROPOSED JOINT VENTURE (LINDENHURST PARK DISTRICT) BIKE AND PEDESTRIAN PATH MASTER PLAN

This issue is a proposal to move forward exploring the possibility of extending the bike trail system in Lindenhurst and the Village supporting a feasibility study in the approximate amount of $10,000.  Trustee Wayne, as liaison to Park District Board, stated he shared comments from the last meeting of the Village Board with the Park District.  Trustee Zerba stated at the previous meeting that it would be best to wait for additional trustees to be present before making any fiscal decision. 

Trustee Messmer returned at 7:07 p.m.

Trustee Metzelaar commented that she believes an extended bike and park trail system is a good idea and that the Village would benefit from pedestrian traffic.  As a former Park District Commissioner, Metzelaar stated that this topic had been discussed in the past and that she would be happy to see it go forward.  Mayor Lahr added that there is an overall positive sentiment among residents about this project going forward.  Trustee Wayne stated that there is a formal process to get the three most interested parties together:  Park District, Forest Preserve District & the Village, and the fact that there will be a timeline associated with this project will help move things along.  Trustee Metzelaar added that since contractor Bonestroo has worked with the Village and the Park District in the past, this is a plus. 

Mayor Lahr requested Administrator Stevens ask the Park District whether they are agreeable to joint decision-making with the Village if the Village contributes to the study.  Trustee Marturano agreed that if the Village participates with these partners (the Park District and Forest Preserve District), the Village should have a voice in decision-making.

Mayor Lahr requested a Voice Vote to move forward on this issue.  All were in favor:

Ayes-5
Nays-0

Resident Larry Dwyer, 703 Franklin Lane:  Questioned whether a contract was written for the bike path project.  Administrator Stevens explained that this would be the contract to create a plan. 

NEW BUSINESS  A.  Bid Award:  Storm Sewer Slip Lining Repair

Engineer Welsh stated that on July 13 the Village received sealed bids for installing a structural liner inside the existing 24” storm sewer that runs from the intersection of Burr Oak and Old Elm to the easement on Long Meadow.  This is a very important section of pipe in a highly inaccessible location that is approximately 50 years old.  The structural liner assures the pipe will remain reliable for foreseeable future. 

There were five bids in total, the lowest being Insituform Technologies in the amount of $59,868.75.  The bids were reviewed and Engineer Welsh made the recommendation to award the bid to Insituform Technologies. 

Mayor Lahr inquired as to the lifespan of the structural liner.  Engineer Welsh stated the lifespan was at least 50 years.

MOTION:  A motion to accept the bid by Insituform Technologies was made by Trustee Wayne, seconded by Trustee Marturano.

THE ROLL CALL VOTE WAS
Ayes – 5, Trustees Wayne, Marturano, Messmer, Metzelaar, and Zerba
Nays – 0

Mayor Lahr stated the motion carried.

B.  Discussion:  Model Rights-of-Way Construction/Control Ordinance

Attorney Phillips proceeded to explain the ordinance and stated that, currently, the Village does not have a comprehensive right-of-way ordinance regarding activity in a public right-of-way.  The proposed ordinance would allow the Village a greater degree of control over any activity conducted in the Village right-of-way.  Attorney Phillips continued that since we do not know what challenge we may face in the future regarding utility restrictions, the Village would be better off adopting an ordinance sooner rather than later and that the Village could amend the ordinance at a later date if necessary.  Administrator  Stevens stated this could be an agenda item for the first meeting in August.

Attorney Phillips added that there are safeguards in the agreement allowing any issues regarding quality of work, landscaping, etc., to be addressed and that the ordinance would provide a standard to follow. 

Mayor Lahr requested a voice vote to move forward on this issue.  All were in favor:

Ayes-5
Nays-0

C.  DISCUSSION:  Placement of Clothing or Other Drop Boxes

Administrator Stevens summarized the issue of a drop box company, U’S Again, LLC, wishing to place a drop box in the Village and inquiring as to the process to get permission to do so from the Village.  Stevens commented there is a concern regarding items being dropped off at these sites, rain or snow, can be problematic.  The suggestion was to place these boxes in government parking lots, schools, etc. 

Discussion ensued regarding the pros and cons of allowing drop boxes in Lindenhurst.  Trustee Messmer commented that there are several charitable organizations that will pick up donated items, which could be more efficient.  Trustee Wayne agreed, stating there may be security risks with items being placed in drop boxes, particularly close to schools, and that he would like to know more about the organization and where items are sent before further consideration.  Trustee Marturano stated he would be willing to have one location as a trial drop box site. 

Carl Norlin, 523 Hillcrest, stated that if residents have items they wish to donate, local churches have annual rummage sales. 

After additional discussion, Mayor Lahr requested a voice vote to see whether this process should be stopped now.

Ayes – 4
Nays – 1          

Mayor Lahr announced the Village will not move forward with this particular issue.

D.  DISCUSSION:  Possible Action:  Ordinance for Adopting Procedures for Electronic Attendance at Meetings

Attorney Phillips summarized that there has been a change in the law that allows elected officials to attend Board meetings by electronic means as long as they are able to be heard and hear the proceedings.  Attorney Phillips stated there are specific reasons that a person could be allowed to attend official meetings electronically:  illness, work, or family emergency.  Depending on the scenario, there are two sets of rules that could be adopted:  1) the official is allowed to vote as a matter of right if one of the aforementioned circumstances occurs; or 2) if there is a quorum present at the meeting, board members can disallow the vote of the electronic attendee even if the aforementioned criteria has been met. 

Discussion ensued regarding the various outlined scenarios and the pros and cons of having an official attend meetings in person versus dialing-in to the meeting, as well as the potential cost of installing the required technology to provide an electronic attendance option. 

Attorney Phillips stated this is just something that state legislation has made available as an option for municipalities.

Trustee Zerba commented that while this option is available and could be beneficial at times, she was not sure of the necessity of this option in Lindenhurst.  Trustee Wayne stated that there may be a time in the future that Lindenhurst may wish to take advantage of this technology, but does not believe it is necessary at this time.  Additionally, one of the benefits of open meetings is that you can easily observe who is in attendance.  Participation by phone could compromise the integrity of Executive Session meetings.  Trustee Wayne continued that cost of equipment may also be a concern.

David Hartwig,1816 Skyline Circle, commented that the equipment required for electronic participation, such as speaker phones, could be a relatively low cost option.

Mayor Lahr requested a voice vote to see whether the Village should not move forward.

Ayes – 5
Nays – 0          

Mayor Lahr announced the Village will not move forward with this particular issue.

E.  PRESENTATION:  Grass Lake Road Sidewalk Feasibility Studies

1.  Wastewater Treatment Plant West to Auburn Meadows

2.  North Beck Road to East Providence Woods Subdivision

Engineer Welsh summarized that there are two sections  along Grass Lake Lake Road where there are intermittent sections of sidewalk and that, with the Park District located close by, this is definitely a destination for people.  By filling in a few gaps in the sidewalks, access would be easier.  The Village funded two different studies:  Auburn Meadows, Phase 1 and Beck Road north (by Waterford Commons), east to Providence Woods subdivision. 

For Auburn Meadows, the section of sidewalk is approximately 940’ long and 5’ wide.  There are a few obstacles, such as a flood plain to cross at Hastings Creek, as well as the creek itself.  Mr. Welsh continued, in order to provide perspective, a typical sidewalk for a new subdivision is 5’ wide would cost about $2.50 to $3.00 per square foot, or $10-12 per lineal foot. The project mentioned is estimated to cost $141 per lineal foot, due to issues such as the flood plain, crossing the creek, utility poles, fences, landscaping, etc.   Welsh added that any time there is a situation where a sidewalk gets retrofitted into an existing public right of way not specifically designed for this, it is a very costly project.

The section studied at Beck Road is 3,100 lineal feet in length.  With a 4’ width to match sidewalks on either end, adding sidewalk here is estimated to cost $230,000, which is approximately $74.25 per lineal foot.  Welsh reitered this is costly due to the obstacles to overcome regarding landscaping and utility lines.  This section may get reduced slightly because of the fact that the Park District now owns this section and they may have their own assessment. 

Welsh stated that each of these estimates are based on 2006 dollars and that a realistic cost would require more specific information, such as topographic surveys.  Additionally, engineering and acquisition costs would need to be added in.

Mayor Lahr asked how was it determined that these were the sections chosen to be studied.  Engineer Welsh stated that the Village looked for sections that would provide an immediate benefit to residents relative to connecting sidewalks and enabling people to have access to travel long distances in the Village.  Mayor Lahr asked what would be needed to begin the study.  Attorney Phillips stated that the Village would need to buy the easement. 

Trustee Wayne asked about the type of materials for the sidewalk and Engineer Welsh stated that it would need to be concrete for ease of maintenance and longevity.  Mayor Lahr inquired as to budget availability.  Administrator Stevens said the goal for this year was to get the study done.  Engineer Welsh added that projects like this are typically conducted in phases.  Mayor Lahr asked the Board whether there is agreement to move forward by this project being a place holder for future budget discussions and requested a voice vote to move forward on this issue.  All were in favor:

Ayes-5
Nays-0

F.  ORDINANCE:  Amending the Comprehensive Plan to Recreation and Open Space and Changing the Zoning from Estate Residential to Recreation and Open Space (Oak Ridge Park and Wetzel Field)

Administrator Stevens explained that Oak Ridge Park used formerly owned by the Fettingers and was zoned “E” residential; however, it is now owned by the Village and the zoning has changed to recreation and open space (zoned “RO”).  This ordinance proposes to also amend a comprehensive plan depicting this as a recreational area.

MOTION:  A motion to amend the Comprehensive Plan to Recreation and Open Space and changing the zoning to Recreation and Open Space was made by Trustee Messmer, seconded by Trustee Zerba.

Ordinance # 07-7-1642.

THE ROLL CALL VOTE WAS:
Ayes – 5, Trustees Messmer, Zerba, Wayne, Marturano, and Metzelaar
Nays – 0

Mayor Lahr announced the motion carried.

G.  ORDINANCE:  Approving a Special Use Permit for Outside Sales of Propane and Fire Wood (White Hen Pantry)

Administrator Stevens explained that a “special use” designation is a special set of circumstances that are set aside for special use of a zoning ordinance.  Stevens stated that the length and dimension of both the firewood and the propane tank are outlined in the Board material. 

Ordinance # 07-7-1643.

Attorney Phillips clarified that the special findings must be made by this Board in order for the special use to be approved by this Board.  Discussion to determine whether the Board agrees with the criteria ensued.

MOTION:  Trustee Wayne moved to adopt an ordinance approving a special use permit for White Hen Pantry store in Linden Plaza, subject to the findings of fact in the Meehan Company Memo of June 11, 2007, regarding zoning ordinance requirements and further recommendations for outside sales of propane and firewood, that the that general standards 1 through 7 on page two of the Meehan memorandum have been met by this applicant, as well as the other special factors 1 through 4 starting on page two.

THE ROLL CALL VOTE WAS:
Ayes – 5, Trustees Wayne, Metzelaar, Messmer, Zerba, Marturano
Nays – 0

Mayor Lahr announced the motion carried.

PUBLIC PARTICIPATION:  Carl Norlin, 523 Hillcrest Lane:  Asked about exclusivity of businesses offering propane and firewood.  Mayor Lahr replied that, from a competitive standpoint, the Village cannot limit participation to one vendor. 

Trustee Zerba addressed a comment from a prior Village Board meeting to Engineer Welsh from resident Kim Dodd regarding recent construction on a driveway apron, adding that Zerba was satisfied with the quality of work. 

MOTION:  A motion to move to Executive Session was made by Trustee Wayne and was seconded by Trustee Messmer.  No action anticipated

THE ROLL CALL VOTE WAS:
Ayes – 5, Trustees Wayne, Messmer, Zerba, Marturano, and Metzelaar
Nays – 0

Mayor Lahr stated the motion Carried and the Board moved to Executive Session at 8:25 p.m.

RE-CONVENE:  The Regular Meeting re-convened at 8:56 p.m.

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

ADJOURNMENT:  The meeting was adjourned at 8:57 p.m.