VILLAGE OF LINDENHURST
2301 E. SAND LAKE ROAD

REGULAR MEETING OF THE VILLAGE BOARD
NOVEMBER 12, 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: Dunham, Marturano, Messmer, Metzelaar, Wayne.  Trustee Zerba was on vacation.  Also in attendance were: Administrator Stevens, Attorney Phillips, Police Chief McKeever, Engineer Wes Welsh, Treasurer Art Neubauer and Clerk Chybowski. 

PLEDGE OF ALLEGIANCE  

APPROVAL OF THE MINUTES:  The minutes of the Regular Meeting of October 8, 2007 and Executive Session of October 8, 2007 were presented to the Board for approval.  A motion to approve the minutes was made by Trustee Dunham, seconded by Trustee Wayne.

On a voice vote, the minutes were approved.

Ayes-5
Nays-0

TREASURER’S REPORT:  Art Neubauer presented the October Treasurer’s report, stating the bank balances for all accounts on September 27,2007 were $9,765,055.62; Receipts $740,694.81; Expenses $692,524.70.  The bank balance for all accounts on October 30, 2007 was $9,813,225.73.


MOTION:  A motion to accept the October Treasurer’s Report was made by Trustee Dunham, $9,813,225.73, seconded by Trustee Metzelaar.

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

NOVEMBER BILLS PRESENTED FOR PAYMENT:  Trustee Dunham moved to pay the November bills in the amount of $712,642.45, seconded by Trustee Messmer.

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

B.  Ordinance:  Authorizing Execution of a Collective Bargaining Agreement Between the Village and International Union of Operating Engineers, Local 150

ORDINANCE NO.  07-11-1654

MOTION:  A motion to authorize was made by Trustee Messmer, seconded by Trustee Marturano.

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

COMMUNICATIONS, COMMITTEE BOARD & STAFF REPORTS:  Trustee Marturano congratulated those responsible for organizing Taste of the Talents.  It was very well done and had a good turnout.  Also, Lake Villa is having Holiday Parade on Saturday, November 24 at 6pm (lineup at 5pm at Columbia).  Marturano invited the Board and Staff to walk in the parade.

Trustee Metzelaar stated that the SWALCO electronics collection was held on November 3, with approximately 200 vehicles from all over Lake County driving through to drop off items.  November 15 is the next SWALCO meeting.  Metzelaar also announced that Lindenhurst made $4,698 in the third quarter from recycling.

Trustee Wayne reported that Administrator Stevens and Engineer Welsh accompanied him to attend the kick-off meeting for a comprehensive pedestrian and biking plan in conjunction with the Park District.  Stevens added that Lindenhurst will be considering servicing the community with a trail.  There is a schedule with specific dates for future events, including several public meetings to provide input, that will be communicated in the upcoming months.

Mayor Lahr announced Lindenhurst’s tree lighting ceremony will be held on December 1 at the Park District Community Center from 5:30 – 7:00pm.

Trustee Messmer shared that the second annual Veterans Day observance at the Veterans Memorial was held November 11.  The crowd was in excess of 300 people with an excellent program, including the Lakes Community High School Band, color guard from the U.S. Army, and several speakers.  Additionally, two winners of the essay contest were announced.  

Chief McKeever expressed his thanks to the Village for providing him the opportunity to attend the National Chiefs of Police Association conference, as it is a very valuable learning experience. 

UPDATE AND STATUS REPORT:  VILLAGE GREEN
Charlie Hickcox of OliverMcMillan introduced the team of professionals involved in the Village Green project.  An overview of the project was presented, with specific aspects of the development being addressed by the appropriate team member. 

Hickcox stated that Westminster Swanson Land Partners, and The O’Leary Companies would be handling the residential component of the development.  The retail part of the project will be done by OliverMcMillan.  Mayor Lahr added that the initial focus of the project will be the retail portion, with the residential portion following.

Hickcox displayed the exhibit with a current draft of the site plan for the Project, along with the progressive previous drafts of the plan, pointing out potential anchor store sites, open space, etc.

Trustee Wayne reiterated that the site plan has been a work in progress, with the plans evolving weekly based on significant input from the entire board and meetings with OliverMcMillan.  

Fran Fazzio of Manhard Consulting, a civil engineering firm, discussed the project relative to storm water management.  Fazzio explained the fine balance of developing the site while respecting maintaining adjacent wetland areas, which are protected by the Army Corp of Engineers.  Fazzio detailed the underground infrastructure that will be put in place on the site to assist with water level fluctuations, drainage, and necessary ecological concerns.

Jim Stout, 2204 Highpoint Drive asked what would happen when the underground vaults fill up with water.  Fazzio replied that the vaults are designed for a 100-year storm, which has an approximate 1% chance of occurring.

At 7:35pm, Trustee Wayne excused himself from the meeting.

Jeff Mendell, Metro Transportation, addressed traffic with regard to Village Green, stating that the two main accesses along Route 45 are going to line up across from Chatham Way and Deer Path Trail, with each having a left turn lane in and a right turn lane in.  Traffic signals are proposed at both intersections; the proposed light at Chatham being immediately warranted and the proposed light at Deer Path Trail warranted once traffic is actually present (per I-DOT regulations).  In addition, the current 4-lane configuration on Route 45 north of 132 will continue past the Village Green site to Falling Waters Drive, with the outside lane becoming the right-turn lane onto Deer Path Trail. 

Judy Chupinsky, 2966 Falling Waters Lane, inquired about traffic from Village Green entering Falling Waters subdivision.  Mendell responded that the traffic pattern would go from Village Green to Falling Waters Lane and then out to Route 45.  Lahr added that the parking configuration of the project is designed to avoid having Falling Waters subdivision becoming a thoroughfare.

Ryan Kettelkamp, landscape architect, shared that it is his job to draw inspiration from the client, the architecture, and, most importantly, from the site.  With Village Green nestled between two significant wetlands, that became the biggest inspiration for landscaping in the project.  Kettelkamp discussed the buffer yards along Route 45 and 132 and the goal of making these areas look more grassy to complement the wetlands.

Charlie Hickcox communicated the schedule for completion of the Village Green Project with regard to permits, infrastructure and foundation work, construction and the grand opening, estimated to be between August and October of 2009.   Additionally, OliverMcMillan is currently working closely with potential anchor tenants and hopes to have announcements in the first quarter of 2008.

Paul Hoetzer, 531 Forest View asked whether the downturn in the housing market would affect the project negatively.  Hickcox speculated that, since retail is the focus for the first phase of the project, the current housing slowdown may ultimately be well-timed. 

George Pappageorge, architect for the project, discussed the architecture of Village Green, citing plans for various different pavement patterns, outdoor planters, and creating areas of interest within the development.  Each retailer will have an opportunity to express themselves with external building design within a designated design palette and following standard guidelines.   Pappageorge also stated that the focus of the project is a “main street” theme, getting away from the typical strip mall configuration where the parking lot is adjacent to a store entrance. 

Charlie Hickcox summarized the benefits of Lindenhurst Village Green including the creation of approximately 1,000 new jobs the fact that it will be a catalyst for other developmental retail in Lindenhurst’s commercial corridor.

Mayor Lahr mentioned that tomorrow, November 13, a public forum would be held at St. Mark’s church at 7pm to share this presentation with the public. 

SPECIAL PRESENTATION:  OPEN ARMS MISSION
Pastor Scott Keenan presented on behalf of Open Arms Mission, located at 1548 S. Main Street, Antioch, relating the need for food by people in our area of Lake County.  Keenan communicated there are various programs that need contributions and support, such as Holiday Meal Boxes and Adopt-A-Family.  Open Arms Mission serves more than 250 families in the Antioch/Lake Villa area, with a great number of the recipients being children under 17 years of age and senior citizens.  Keenan stated that donations are significantly down this year and the needs of the Mission have been going up.  There is a need for people to help by adopting a family by providing a “needs wish list” of necessities for adults and children.

LINDENHURST PARK DISTRICT/JANEGA PARK REDEVELOPMENT PLAN
Tom Lippert, Director of Lindenhurst Park District, introduced Park District President, Dean Parkman, Treasurer James Stout, and Bonestroo Construction representative, Steve Halberg.  Lippert discussed the Bike Pedestrian Comprehensive Plan, a joint effort between the Park District, Forest Preserve and Village in the making for several years.  December 1st there will be an Open House at the Community Center starting at 4:30, with the tree lighting festivities from 5:30 – 7pm .  There will be activities, information shared, and an opportunity to provide input regarding the trail system in the Village.

John Janega Memorial Park has not been developed or changed in many years.  The Park District applied for and received a matching grant from the Department of Natural Resources in the amount of $321,000 for the 6 acre park.  Steve Halberg stated that over the last 15-20 years the recreational open space at Janega Park has diminished, mainly due to large wetlands in the park which limit development of the site.  The grant application was initiated to try to recover the lost recreational space by removing some of the sediment from the water, creating open water areas and replacing/renovating the playground area.  Plans include a perimeter path system with wood chip, asphalt and boardwalk path areas.

Halberg communicated that the plan is to create a parking area in the Village right of way, rather than in the park, to conserve park space.  To facilitate this, the preference would be to vacate the road right of way and grant an easement for utilities, etc., prior to getting state grant money. 

APPOINTMENT RECOMMENDATIONS:  PLAN COMMISSION VACANCY/BOB REDING AND TRUSTEE MESSMER/FINANCE COMMITTEE
Mayor Lahr recommended the appointment of Bob Reding for the open Plan Commission position, referencing his many qualifications for the position.

MOTION:  Trustee Marturano made a motion to appoint Bob Reding to the Plan Commission, seconded by Trustee Metzelaar. Upon a voice vote, the motion carried.

Mayor Lahr recommended the appointment of Trustee Messmer to the Finance Committee, which requires three board members

MOTION:  Trustee Metzelaar made a motion to appoint Fred Messmer to the Finance Committee, seconded by Trustee Marturano.  Upon a voice vote, the motion carried.

OLD BUSINESS: 
A.  Ordinance:  Setting the Compensation for Village Planning Consultant/Meehan & Co., Inc.

ORDINANCE No. 07-11-1655

Administrator Stevens summarized that the Village Board has increased the hourly wage for a 2-year contract with Meehan & Company, Inc., from January, 2008 through December 2009.

MOTION:  Trustee Messmer made a motion to accept, seconded by Trustee Metzelaar.  

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Messmer, Metzelaar, Dunham, Marturano
Nays-0

NEW BUSINESS
A.  Fiscal Year 06/07 Audit Presentation
Art Neubauer introduced Doug Taveirne, Lindenhurst’s auditing firm for many years.  Taveirne stated there were no major changes in 2007, adding that the Village is operating within its means under good administration. 

MOTION:  Trustee Dunham made a motion to accept the audit, seconded by Trustee Messmer.

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Dunham, Messmer, Marturano, Metzelaar
Nays-0

C.  Ordinance:  Amending the Regulation of Smoking in Public Places

ORDINANCE No. 07-11-1656

Attorney Phillips stated that the State of Illinois passed a law in 2006 prohibiting smoking in many areas.  The ordinance being discussed this evening contains enhanced definitions, as well as fines mandated by the State.

MOTION Trustee Dunham made a motion to accept the amended ordinance, seconded by Trustee Marturano.

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Dunham, Marturano, Messmer, Metzelaar
Nays-0

D.  Ordinance:  Amending the Standards for the Construction Of Facilities in the Rights of Way

ORDINANCE No. 07-11-1657

Attorney Phillips explained the standards for construction of a facilities right of way was initially passed in August.  The amendment contains enhanced definitions, as well as changes to requirements of cabinets being installed in the right of way. 

MOTION:  Trustee Marturano made a motion to accept the amendment to this ordinance, seconded by Trustee Messmer.

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Marturano, Messmer, Dunham, Metzelaar
Nays-0

E.  Ordinance:  Amending Chapter 120 Establishing the Cable/Video Service Provider Fee and PEG Access Support Fee

ORDINANCE No. 07-11-1658

Attorney Phillips summarized that Lindenhurst has had an agreement with Comcast to provide internet services.  The State is now designating certain high speed internet providers as “holders,” effectively franchising these types of companies for the entire state.  The ordinance provides they will pay the same 5% fee we currently receive from Comcast, as well as a 1% Public Education Governmental access fee.  Phillips confirmed for Trustee Messmer that these fees are passed on to the consumer.

MOTION:  Trustee Messmer made a motion to accept the amendment, seconded by Trustee Metzelaar.

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Messmer, Metzelaar, Dunham, Marturano
Nays-0

F.  Ordinance:  Amending Chapter 121 Adopting the Cable and Video Customer Protection Law

ORDINANCE No. 07-11-1659

Attorney Phillips advised there is a new State law with regard to service requiring any new state license holder to follow proper procedures so that customers are serviced properly or are subject to fines.

MOTION:  A motion was made by Trustee Marturano, seconded by Trustee Dunham, adopting this ordinance amendment.

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Marturano, Dunham, Metzelaar, Marturano
Nays-0

H.  Ordinance:  Authorizing and Signing of an Engineering Services Agreement for Design and Construction related Services for Salt Storage Facility

ORDINANCE No. 07-11-1660

Engineer Welsh provided background with regard to the current storage facility, built in 1991, with the capacity limits, comparing this to the increased current usage.  Lindenhurst would like to build a new facility at the waste water treatment plan site where there are four unused storage beds.  Site preparation fees should not exceed $20,000.  Attorney Phillips added that we have an intergovernmental agreement between the Village  and Sanitary District which allows us to have salt a facility on the property. 

MOTION:  Trustee Dunham made a motion to authorize engineering services agreement, seconded by Trustee Messmer.

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Dunham, Messmer, Marturano, Metzelaar
Nays-0

I.  Ordinance:  Authorizing the Execution of the IMLRMA Min/Max Contribution Agreement

ORDINANCE No. 07-11-1661

Administrator Stevems defined the Illinois Municipal League Risk Management Association as a consortium of communities organized for common property, casualty and liability insurance.  The Min/Max program dictates $126,000 as the minimum contribution of premium; the maximum is $168,000.  The Village has been able to stay at the minimum contribution for the last three years.  The recommendation is to engage in the 1-year contract, which also provides the Village with a 2% premium discount for early payment.

MOTION:  Trustee Messmer made a motion to execute the 1-year Min/Max contract, seconded by Trustee Metzelaar.

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Messmer, Metzelaar, Marturano, Dunham
Nays-0

J.  Ordinance:  Authorizing the Execution of a Professional Service Agreement with Tepfer Consultant Group

ORDINANCE No. 07-11-1662

Administrator Stevens stated execution of this $1,750 Professional Service Agreement would provide actuarial assessment for our police pension fund.  This is a non-budgeted item due to the fact there was no information regarding the amount when budget was being finalized. 

Trustee Neubauer added that the Department of Insurance calculates Lindenhurst’s levy for the police department pension fund, using one formula for over 200 pension funds in the State.  Neubauer continued that getting a levy calculated specifically to Lindenhurst’s police department would be more cost effective because of our favorable age demographic.  Stevens stated it would be advantageous for our police officers because they would be able to review the formula and more accurately calculate their future pension.  It was noted that Village Staff would be required to seek Board authorization before accessing the fund. 

MOTION:  Trustee Messmer made a motion to authorize execution, seconded by Trustee Dunham.

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Messmer, Dunham, Marturano, Metzelaar
Nays-0

K.  Authorization to Expend Police Benevolent Funds

ORDINANCE No. 07-11-1663

Aministrator Stevens communicated Police Benevolent Fund has been in place for over thirty years and, as of the last 5-10 years, the Department has used the Fund to buy exercise equipment for the village employee exercise facility.  Guidelines for the Fund state that rank and file police officers must approve of the expenditure.  In this case, the great majority is in favor of utilizing the fund for exercise equipment.

MOTION:  Trustee Dunham made a motion to authorize Attorney Phillips to prepare an ordinance for the next Board meeting approving the expenditure of Police Benevolent Funds, allowing the funds to be expended prior to drafting the ordinance.  This motion was seconded by Trustee Marturano.

THE ROLL CALL VOTE WAS:
Ayes-4 Trustees Dunham, Marturano, Messmer, Metzelaar
Nays-0

PUBLIC PARTICIPATION:  Robert Blameuser, 2317 Federal Parkway, stated his concerns that a current Village ordinance violates the United States Constitution with regard to free speech.  Blameuser continued that many villages have had the 30-day limits for political yard signs struck down due to the fact that signs are protected free speech.

Mayor Lahr confirmed the resident’s request was to determine whether Lindenhurst’s ordinance referencing a 30-day limit for yard signs was constitutional; the issue was referred to legal counsel for review.

Russ Swanson, 2459 Emerald Lane, Emerald Ridge Homeowners Association, stated opposition to the proposed site for the Fourth Lake Forest Preserve, which is on property on Highway 132, directly across from Emerald Ridge.  At a recent homeowner association meeting, 29 out of 40 were against having the Forest Preserve build a 107,000 square foot building and parking area for their maintenance facility

Mayor Lahr stated the Forest Preserve has been working on the plan for 4-5 years to find an appropriate spot for the maintenance facility.  Lahr continued that the site was chosen because it is on a major thoroughfare; would not negatively impact the wetland areas; and because trails would allow pedestrian/ bicycle access from the Village Green north to Bonner Farm and McDonald’s Woods.  Lahr added that the Forest Preserve has been a good partner to Lindenhurst and that this is still a work-in-progress.  The Village is working collaboratively with the Forest Preserve to ensure it is good for the Village, as well as all residents, to make a decision that will achieve a good balance.

Bob Gillenger, 40765 Prairie Road asked whether there was consideration given to the Raven Glen farm, which is vacant farm land and in close proximity to the property currently being considered by the Forest Preserve.  Mayor Lahr stated she would communicate this to the Forest Preserve.

Swanson requested that any plan for the property include reforestation along Grand Avenue so that the facility would be shielded from view.  Mayor Lahr thanked Swanson for his comments.

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

ADJOURNMENT:  The meeting was adjourned at 9:40 pm.