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.