D. Committee of the Whole

APPROVED VILLAGE OF LAKE ZURICH COMMITTEE OF THE WHOLE APRIL 14, 2008 The meeting was called to order at 10:05 p.m. ROLL CALL: Present –Mayor Tolomei, Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor. Also present –Administrator Vitas, Village Attorney Mueller, Finance Director Zochowski, Police Chief Urry, Fire Chief Mastandrea, Public Works Director/Engineer Heyden, and Building and Zoning Director Peterson. APPROVAL OFMINUTES: March 24, 2008: MOTION made by Trustee McAvoy, seconded by Trustee Branding, to approve the minutes of the March 24, 2008 Committee of the Whole as submitted. Voice vote, all in favor. MOTION CARRIED. March 26, 2008: MOTION made by Trustee Johnson, seconded by Trustee Poynton, to approve the minutes of the March 26, 2008 Special Meeting as submitted. Voice vote, all in favor. MOTION CARRIED. AMENDMENT TO MUNICIPAL CODE TO PERMIT LIQUOR LICENSE CLASS C TO LAROSITA, 53 S. RAND ROAD AND CLASS B TO PAPAGUS GYROS, 454 N. RAND ROAD MOTION made by Trustee McAvoy, seconded by Trustee Branding, to recommend the Board of Trustees approve an ordinance amending the Lake Zurich Municipal Code related to the number of authorized liquor licenses for Papagus Gyros and LaRosita Liquors. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED NEWSLINE –MAY EDITION Mayor Tolomei said the Village President’s column was not completed but would be ready for publication. MOTION was made by Trustee Callahan, seconded by Trustee Branding, to recommend the Board of Trustees approve the May edition of Newsline. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED Committee of the Whole Minutes, April 14, 2008 2 RESOLUTION FOR LIONS CLUB REQUEST TO HOLD ALPINE FEST ON JULY 18, 19, & 20, 2008 Lion Footloose! Frank, the 2008 Alpine Fest chairman, summarized the information he provided to local business owners in a letter dated March 14, 2008. He originally proposed to expand Alpine Fest and using part of Main Street for rides. Due to time constraints, he will defer the request to close a part of Main Street until 2009. Most businesses did not object to the road closure during the weekend, but some were concerned about the closure during the week. The rides must be set up early in the week to allow for inspection, so the portion of Main Street between Lions Drive and the Lions parking lot would need to be closed during the week also. Trustees Johnson and Taylor expressed support for the expanded Alpine Fest and encouraged Frank to bring it back next year after he has time to refine the proposal. MOTION made by Trustee Callahan, seconded by Trustee Johnson, to recommend the Board of Trustees approve the resolution for the annual Alpine Festival for July 18, 19, and 20 and parade on July 20, 2008, by the Lions Club. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED COMCAST FRANCHISE AGREEMENT Administrator Vitas reviewed his memorandum dated April 10, 2008, where he presents the highlights of the proposed ten-year franchise agreement with Comcast Cable, which was updated to include changes in Federal law. The new Section 8 Access Programming will allow the Village the ability to replace and upgrade the equipment during the life of the agreement. This could include video streaming for all Village meetings and possibly the District 95 meetings. Comcast recommends charging a fee up to $.35 per house as a source of funds for replacement. Staff would like to proceed with Comcast’s recommendation for the fee. MOTION made by Trustee McAvoy, seconded by Trustee Branding, to recommend the Board of Trustees adopt the Comcast Franchise Agreement with modifications as suggested by Comcast and requested by staff. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED MIONSKE POND UPDATE – REQUEST FOR ILLINOIS ENVIRONMENTAL PROTECTION AGENCY EXTENSION Public Works Director/Engineer Heyden said the Village hired Graef, Anhalt, Schloemer & Associates, Inc. (GAS) as a consultant to complete the hydraulic investigation of Mionske Pond. Mr. Daniel Cook, P.E. with GAS was present to answer questions. The GAS hydraulic investigation showed the downstream pipes do not have sufficient capacity to handle a ten-year storm event. The current pond and storm sewer configuration only has the capacity for less than Committee of the Whole Minutes, April 14, 2008 3 a one-year rain event. Highlights of their report show the following: Existing downstream storm sewers do have sufficient capacity to handle the industry standard ten-year storm event. Dredging of the pond provides no additional capacity and little water quality benefit due to being undersized for current volume and tributary area. Additional downstream parallel sewer is required to hand the ten-year flow. Clear water storm sewer flows will bypass Mionske Pond. Public Works Director/Engineer Heyden said their review indicates a much larger problem than the sedimentation issue of Mionske Pond and provided further analysis. He reviewed Alternate 1, dredging Mionske Pond at the cost of $100,000 to $150,000; Alternate 2, converting Mionske Pond into a permanent stabilized swale at the cost of $125,000 to $175,000; Alternate 3, installing an elliptical bypass storm sewer along the west side of Mionske Pond and connecting to the existing downstream outfall pipes at the cost of $250,000 to $300,000 plus the cost for the ditch and driveway culverts; Alternate 4, an elliptical bypass storm sewer connecting the existing easterly 15” storm sewer to the new bypass and installing new parallel storm sewers in Mionske Drive the bypass to the existing ally at a cost of $375,000 to $425,000 with no pipe removal; and Alternate 5, constructing all improvements as shown in Figure 3 of the GAS Hydraulic Investigation and included as Exhibit A at a cost of $700,000 to $800,000. Public Works Director/Engineer Heyden said the State will pay $119,000 toward whatever solution the Village takes. Mr. Cook reviewed Figure 3, the Existing and Proposed Storm Sewer Exhibit, and gave a brief presentation. A question and answer period followed with Mr. Cook and Public Works Director/Engineer Heyden answering questions. Rich Sustich, 217 Sandy Point, responded to the report and said it was very thorough. Dennis Abbott, Lake Zurich, said the lake level is too high. He has contacted both the Army Corp of Engineers and the Department of Natural Resources and they have no record of their authorization to raise the level of Lake Zurich and contends that the lake level was raised two feet illegally. Jim Tarbett, 1195 Cedar Creek Drive, said the 1978 map shows the lake level at 843 and the current shows it at the same level. He asked the Village to move forward with a solution on Mionske Pond to avoid fines from the EPA. Public Works Director/Engineer Heyden said the lake level is 844 feet, and the lowest it can be is 843.53 because of the outlet gate. Discussion followed on how to resolve the lake water level. Public Works Director/Engineer Heyden said the storm water utility fee could be enacted to pay for improvements and solutions. He was directed to research the lake level and to work toward a permanent solution to resolve the Mionske Pond problems. Mayor Tolomei informally polled the Committee of the Whole and asked if anyone objected to Public Works Director/Engineer Heyden proceeding with Alternate 3. There were no objections. Committee of the Whole Minutes, April 14, 2008 4 OTHER BUSINESS: Mayor Tolomei said he has met with three county groups opposing the CNN Railway purchase of the EJ&E Railway. They will form an executive committee with members from four counties, and the Village of Lake Zurich will need a representative. Representative Melissa Bean will be in Lake Zurich to discuss this matter on Saturday. Trustee Johnson is available and will attend. EXECUTIVE SESSION FOR PURPOSE OF DISCUSSING LAND ACQUISITION AND PROBABLE, PENDING, AND IMMINENT LITIGATION MOTION made by Trustee McAvoy, seconded by Trustee Callahan, to adjourn to executive session at 11:29 p.m. and not reconvene to open session. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED ADJOURNMENT: MOTION made by Trustee McAvoy, seconded by Trustee Callahan, to adjourn the meeting. Voice vote, AYES have it. MOTION CARRIED. The meeting was adjourned at 11:29 p.m. Submitted by: Approved: 4/28/07