VILLAGE OF LINDENHURST
2301 E. SAND LAKE ROAD

REGULAR MEETING OF THE VILLAGE BOARD
DECEMBER 10, 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, Zerba.  Also in attendance were: Administrator Stevens, Attorney Phillips, Police Chief McKeever, Engineer Welsh, Treasurer Neubauer and Clerk Chybowski. 

PLEDGE OF ALLEGIANCE  

APPROVAL OF THE MINUTES:  The minutes of the Special Meeting of November 13, 2007, Regular Board Meeting of November 26, 2007, and the Executive Session of November 26, 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-6
Nays-0

TREASURER’S REPORT:  Art Neubauer presented the November Treasurer’s report, stating the bank balances for all accounts on October 30, 2007: $9,813,225.73; Receipts $466,065.32; Expenses $712,642.45.  The bank balances for all accounts on November 29, 2007:  $9,566,648.60.  Treasurer Neubauer also stated that 98% of property taxes have been collected for the year, so funds should be dwindling for the next 4-5 months.


MOTION:  A motion to accept the November Treasurer’s Report was made by Trustee Dunham, seconded by Trustee Metzelaar.

THE ROLL CALL VOTE WAS:
Ayes-6 Trustees Dunham, Metzelaar, Wayne, Zebra, Messmer, Marturano
Nays-0

DECEMBER BILLS PRESENTED FOR PAYMENT:  Trustee Dunham moved to pay the December bills in the amount of $702,037.91, seconded by Trustee Wayne.

THE ROLL CALL VOTE WAS:
Ayes-6 Trustees Dunham, Metzelaar, Wayne, Zebra, Messmer, Marturano
Nays-0

COMMUNICATIONS, COMMITTEE BOARD & STAFF REPORTS:  Mayor Lahr stated the Illinois Health Facilities Planning Board deferred the Vista Health project until  the January 15-16 meeting.  Vista feels it is a positive sign and will be awaiting the January 15 meeting.

Trustee Zerba inquired whether there was anything that could be done to demonstrate continued support for Vista.  Mayor Lahr stated that Barbara Martin, President of Vista Health, would like the Board to continue to be available for any meetings that are scheduled.

Mayor Lahr shared that UW-Parkside sent a letter commending the Village on the great job the Police Department did managing and mentoring the intern assigned to Lindenhurst.  Additionally, Mayor Lahr stated she received a letter from residents John and Miriam Stanke, who were involved in a car accident in August, commending officer George Ballock and other members of the Lindenhurst Police Department for their professionalism and caring nature in managing the incident.

Trustee Messmer commented that he and Trustee Marturano attended the Fire Protection District Meeting December 3, stating that Trustee Skip Stachera resigned and the District was taking applications from township people to fill the vacancy.  Once applications are reviewed they will be referred to the Township for recommendation.  Messmer added the District contracted for a new fire truck for the new fire station, which will take about nine months and the District would borrow a truck from the Grand Avenue station in the interim. 

Messmer stated that he and his wife attended a wonderful play presented by 6th grade students at BJ Hooper School this month.

Trustee Wayne communicated he attended the tree lighting ceremony on December 8 at the Park District Community Center, and that this was also an opportunity for the public to view and provide input on preliminary mapping plans for future bike pathways in Lindenhurst.  Wayne stated approximately 35 people attended this open house and that there would be at least two more open houses in the future, with the next one sometime in February.  Wayne added that Village Board meetings and Park District Board meetings are also opportunities for residents to provide feedback.

Trustee Zerba reported that on November 29 she attended the District 41 Facilities Planning Commission meeting where the Commission reviewed “families,” which are scenarios of potential student configurations in District 41 that were identified for district assistance in the future.  Zerba continued that evaluation matrixes were completed and submitted and the results will be tabulated for the next meeting 

Trustee Dunham stated the next Village Finance Committee meeting will be December 13 at 8:30 am to continue discussion regarding water and sewer utility revenue projections, water capital improvements and possible refinancing of SSA #4.

Trustee Marturano communicated he attended the Planning Commission meeting on December 5 where the Liberty Community Church building plans for Gelden Road were recommended to the Village Board for approval.  Attorney Phillips added there must be a public hearing held regarding the rezoning before final approval and that he is awaiting the legal description for the property for publication. 

Mayor Lahr announced Paul Phillips and his firm’s re-appointment as Village Attorney. 

MOTION:  Trustee Dunham made the motion to approve Mayor Lahr’s appointment of Paul Phillips and his firm, Soffietti, Johnson, Teegen, Phillips, Morozin & Argueta, Ltd., as Village Attorney, seconded by Trustee Wayne.

Upon a voice vote, the motion carried.

OLD BUSINESS:  None

NEW BUSINESS:
A.  Discussion:  Revised Site Plan – Village Green

Mayor Lahr communicated there have been several communications from Administrator Stevens and weekly meetings with Oliver McMillan discussing pertinent issues regarding Village Green.  Lahr stated at this time, she would like to allow the Board to view the current site plan that was presented to the public to allow for general discussion. 

Administrator Stevens referenced handouts to be discussed:   the site plan that was initially part of the Annexation Agreement, dated March 12, 2007; the existing plan, dated December 4, 2007; and the angle parking feature adjacent to the formal Village Green area from the November 28, 2007 plan.   

Mayor Lahr acknowledged the reason for inviting discussion from the Board.  There have been many reiterations from the initial plan, dated March 12, 2007, through the plan dated December 4, 2007.  Lahr continued that two specific concept plans were presented at the recent Special Meeting / public forum.  Lahr stated in the future the Village will be required to have any changes from the original Annexation Agreement incorporated into an amendment.  At this time, the December 4th concept plan is being considered, incorporating only the angle parking component from the November 28th plan.

Trustee Wayne shared that input from the Board and from the community stated that angle parking might be preferred over parallel parking for one area of Village Green. 

Mayor Lahr communicated that the main differences from the March 12 and December 4 plans are the number of anchor stores.  Initially, one anchor was depicted on the northern portion of Route 45.  Subsequent plans added an area primarily designated as a future phase of the development to be incorporated into the current plan, which allowed for three anchors.  Lahr continued that in addition to the formal Village Green area where people can gather, there would also be a small courtyard that could accommodate gatherings near the third anchor site.  The purpose and focus of the current plan is to allow increased pedestrian traffic and less auto traffic.

Trustee Wayne explained that the orientation and shape of “the Green” on the site plan has turned 90 degrees.  Additionally, the angles of the streets have gone from being sharp, right angles to a more flowing streetscape.  Mayor Lahr added that the former Horvath property is depicted as part of the December 4 rendition; however, it cannot be considered part of the plan at this time until the property is annexed into the Village.  Lahr added there is another meeting on December 12 to discuss several issues raised at the public forum, including proposed storm water management plans, any potential environmental impact the development will have, whether a tot lot can be incorporated into the plans, and more detail on the grading plan.  Attorney Phillips added there will be discussion on the first final plat, as defined in the Annexation Agreement, to determine how property will be divided.  Mayor Lahr stated the goal is to have all legal issues and key milestones completed by March 1 so that grading can be started, weather permitting. 

Trustee Marturano inquired as to what type of control the Village would have if the number of major tenants was reduced.  Attorney Phillips responded that, by the Annexation Agreement and other documents related to financing, there must be a minimum of 450,000 square feet of commercial.  The current proposed site plan is different from the original site plan, as there are currently three anchors versus one anchor on the original plan.  Phillips stated this will be discussed with Oliver McMillan to b better define the issue.  Mayor Lahr added that the goal is to have a long-lasting lifestyle center and that the anchor tenants are instrumental toward this goal.

Trustees Zerba commented she liked the concept and potential location of the three anchors and that this should be a goal for the development; Trustee Marturano agreed.  Mayor Lahr stated Oliver McMillan has been working diligently to secure anchors and lifestyle tenants and updates are provided weekly.  Lahr stated the Village should know definitively about the anchors in February.  Zerba added the easy-in and easy-out parking is a benefit. 

Attorney Phillips stated the review of the plan would be on the Village Board agenda for the first meeting in January reflecting the changes for parking.  Mayor Lahr added the plan, once finalized, would be reviewed by the Plan Commission.

B.  Annexation Discussion:  Grand Avenue Acquisition

Administrator Stevens invited Mr. O’Leary to communicate the O’Leary Swanson Group’s intentions regarding the former Horvath property.  Mr. O’Leary confirmed that the O’Leary Swanson Group would like to bring the property into the Village and that they have been discussing this plan with adjacent property owners.  O’Leary stated his group will be working with Village administration to gain insights into what Lindenhurst would like to see on the property.  In addition, O’Leary stated his company has been working with Oliver McMillan to make the entrance compatible with that of Village Green.  The timeframe for completion of the former Horvath property is unknown, as the retail component of the development needs to be completed first. 

C.  Ordinance:  Jensen Disposal/2008 Rate Increase (Garbage & Recycling)

ORDINANCE No. 07-12-1667

Attorney Phillips stated the original contract, signed in October of 2003 and in place through September 30, 2008, is reviewed annually by the Village to set the rate increase depending upon specific factors, including the Chicago Consumer Price Index Urban.  Mayor Lahr noted there was discussion about getting a 64-gallon recycling cart, rather than the current 48-gallon cart, and inquired how that factors into the contract.  Bob Feeney, Jensen Disposal, replied that since the 48-gallon carts were put in place in 2003, the cost of the carts (garbage and recycling) has increased by 50% and the number of carts in service has increased substantially.  Feeney continued that, for $1.00 per month, a larger cart could be supplied to residents that contact Jensen Disposal requesting to exchanging their cart.  Trustee Zerba asked whether there was a special rate for senior citizens and Feeney confirmed there was a slightly lower rate.

Administrator Stevens said the Village could consider covering the additional cost of a larger cart from recycling revenue, expected to be $12,000 per year.  Trustee Zerba stated keeping the fees in the recycling program might be a good incentive for people to collect more recyclables.  Ideas were shared on how best to accomplish putting the additional charge for the larger carts back into the recycling program.  Mayor Lahr requested this item be put on the agenda for the next Village Board meeting.

MOTION:  Trustee Zerba made a motion approving the annual rate increase formula, seconded by Trustee Dunham.

THE ROLL CALL VOTE WAS:
Ayes-6 Trustees Dunham, Metzelaar, Wayne, Zebra, Messmer, Marturano
Nays-0

D.  Discussion:  Phosphorus Ban on Lawns

Trustee Metzelaar communicated that the Lakes Commission has been interested in implementing a phosphorous ban for some time and that surrounding communities (Antioch and Silver Lake) have a ban.  Run-off from fertilizers goes directly into lakes and water retention ponds, affecting water quality.

Mayor Lahr added that other considerations would be whether the Village is willing to also institute a ban on businesses in our area that sell fertilizers containing phosphorus.  Metzelaar acknowledged this was a concern.  Mayor Lahr said there may be room to allow phosphorous fertilizers for new lawns and agricultural needs, as Silver Lake did.  Additionally, Silver Lake addressed financial penalties at different levels of violation.  Lahr summarized that the purpose of this evening’s discussion was to ask questions and generate ideas.   

Trustee Marturano inquired as to what percentage of phosphorous is present in a bag of fertilizer.  Administrator Stevens responded it is normally between 2-6%.  Trustee Zerba asked how this could be enforced.  Suggestions, such as utilizing a community service officer, starting with a low phosphorous product and moving to no phosphorous after a period of time, and creating awareness in the community, especially on Earth Day, were discussed.  Further discussion points included educating residents and local merchants, requesting intergovernmental cooperation and getting schools involved.

Resident Jim Stout, 2204 Highpoint, informed the Board that typical lawns do not need phosphorous, and that the goal should be implement a zero phosphorous ban.

Police Chief McKeever interjected that it is prudent to be judicious with regard to passing laws and ordinances.  An important principle to remember is that it is not advisable to pass a law that cannot be enforced. 

E.  Ordinance:  Authorizing the Mayor to Sign a Professional Services Agreement With Applied Technologies and Amend the Budget

ORDINANCE No. 07-12-1668

Administrator Stevens communicated Lindenhurst has made a contribution to the Lake Michigan Water Feasibility Study ($8,000 in 2006) and is currently considering a $24,900 contribution.  Engineer Welsh continued that the study, involving the feasibility of bringing Lake Michigan water to various communities, was just completed with the results reflecting this is a feasible, but expensive, option.  The next step would be to prepare allocation studies for each of the communities.  The agreement before the Board this evening pertains solely to Lindenhurst.  The plan is to have the engineering firm that completed the study review Lindenhurst’s data and system, assess our needs, and coach us in preparing a study that identifies and supports approval by the State relative to how much water we need. 

MOTION:  Trustee Wayne made a motion to approve Ordinance No. 1668 authorizing execution of a professional services agreement for IDNR cost efficiencies regarding the Lake Michigan water supply, and amending the Water Department budget for FY 08, acct $ 60-44-5-510, Contractual services, from $30,250 to $55,150; and commencing utility reserves for revenue portion by increasing the $2,677,543 balance to $2,632,443, seconded by Trustee Metzelaar.

THE ROLL CALL VOTE WAS:
Ayes-6 Trustees Dunham, Metzelaar, Wayne, Zebra, Messmer, Marturano
Nays-0

F.  Ordinance:  2008 Tax Levy

ORDINANCE No. 07-12-1669

Administrator Stevens explained there are five separate components of a tax levy:  1) the corporate fund, (recommended at $418,825); 2) the Illinois Municipal Retirement Fund ($135,000); 3) the Social Security portion ($120,000); 4) the Police Pension Fund Tax ($134,807); and 5) Liability insurance fund tax ($110,000), totaling $918,632 (5% over last year). 

Administrator Stevens stated that to implement this ordinance, a 5% increase in assessed valuation would be needed, which the Township assessor has indicated is present.  Stevens continued our proposal is to keep taxes flat, which has been the practice for approximately 20 years, with the exception of 2-3 times.  Stevens concluded the Village portion of a tax bill is less than 3.5%.

MOTION:  Trustee Marturano made a motion to approve the ordinance providing for the levy of taxes for the Village of Lindenhurst for the fiscal year beginning 5/1/08 through 4/30/09, seconded by Trustee Messmer.

THE ROLL CALL VOTE WAS:
Ayes-6 Trustees Dunham, Metzelaar, Wayne, Zebra, Messmer, Marturano
Nays-0

PUBLIC PARTICIPATION:  Luigi DeAngelis, 2703 Neubauer Circle:  Asked whether the meeting of the Village Finance Committee was open to the public.  DeAngelis stated that he attended the recent Park District meeting held to get additional information on the future trail system in Lindenhurst and asked about upcoming meetings.  Administrator Stevens stated there will be upcoming meetings announced when scheduled.  DeAngelis commented he attended the recent Health Facilities Planning Meeting regarding the pending application for Vista Hospital to be built in Lindenhurst.  DeAngelis concluded by stating he is interested in bringing more economic development to the Village Green.  Mayor Lahr thanked DeAngelis for his comments.

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

ADJOURNMENT:  The meeting was adjourned at 8:29 pm.