D. Committee of the Whole

APPROVED VILLAGE OF LAKE ZURICH COMMITTEE OF THE WHOLE MAY 12, 2008 The meeting was called to order at 8:12 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 OF APRIL 9, & APRIL 14, 2008 MINUTES: MOTION made by Trustee Poynton, seconded by Trustee McAvoy, to approve the minutes of the April 9, 2008 Special Committee of the Whole meeting as submitted. Voice vote, all in favor. MOTION CARRIED. MOTION made by Trustee Johnson, seconded by Trustee Poynton, to approve the minutes of the April 14, 2008 Committee of the Whole meeting as submitted. Voice vote, all in favor. MOTION CARRIED. REPORT ON TREE REMOVAL - ELA TOWNSHIP PROPERTY, ROUTE 22 Building and Zoning Director Peterson reviewed his memorandum dated May 8, 2008, where he reports on the tree removal at the site for the new Ela Township Hall building at 1155 E. Route 22. He and the Village arborist visited the site and concluded that trees had been removed that were slated for preservation. He displayed an exhibit showing the approved plan with removed trees indicated. After meeting with Ela Township representatives, they agreed to revise the tree preservation plan by next week and will plant new trees. Al Froehe, Tree Commission, said the ordinance provides for on-site approval changes, so Ela Township could have called the Village and asked for a modification. Mary Kay Spiewak, 1155 Cedar Creek, said she witnessed bulldozers removing the trees, several of which were mature trees of a desirable species. She did not witness any supervisors or anyone that appeared to be giving direction. Jim Tarbet, 1195 Cedar Creek Drive, said the tree preservation plan was not followed. Many trees that were removed were not near the proposed building. He listed several species of quality trees that had been removed. Mr. Tarbet asked that the ordinance be enforced with no excuses or exceptions. Mayor Tolomei said he would continue the discussions with representatives from Ela Township. Committee of the Whole Minutes, May 12, 2008 2 NEWSLINE – JUNE EDITION Mayor Tolomei said he would have his column completed prior to the Board of Trustees meeting. MOTION was made by Trustee Branding, seconded by Trustee McAvoy, to recommend the Board of Trustees approve the June edition of Newsline pending approval of Mayor Tolomei’s column at the May 19, 2008 Board of Trustees meeting. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED LAKE MICHIGAN WATER FEASIBILITY STUDY John Tiefert and John Callan reviewed the information in their Engineering Report, Amendment #1 to the Lake Michigan Water Feasibility Study, Northern Lake County Lake Michigan Water Planning Group, dated April 2008, prepared by Applied Technologies and gave a presentation. Mr. Callan displayed and reviewed a system map and summarized the proposal to bring Lake Michigan water to various municipalities. He estimates it will cost $500 per household annually to bring the water to the Village. This does not include the Village’s cost to deliver the water to the homes. If successful, the project would be complete in approximately seven to eight years. A question and answer period followed. It was noted that Lake Zurich has invested a large amount of money in their wells and water quality. The wells could be retired and used for a back-up water supply if the Village receives Lake Michigan water. The next phase is an allocation study that will cost $24,900. The original seven members have already committed to the study with a goal to receive an allocation by the end of the year. Mr. Callan said it is important that the communities work in a parallel manner to avoid delaying the project. Trustee Branding said her analysis is cost driven and she would like to be able to camper apples to apples. Mayor Tolomei said he views this proposal as contingency driven and would expect it to be more expensive. The report was accepted and no action taken. RECESS: The meeting was recessed from 9:11 to 9:17 to allow the video tape to be changed. MOTION made by Trustee Callahan, seconded by Trustee McAvoy, to resume the meeting at 9:18 p.m. with all members of the Committee of the Whole present. Voice vote, all in favor. MOTION CARRIED. DISCUSSION ON INTERGOVERNMENTAL AGREEMENT WITH KILDEER Mayor Tolomei introduced the proposed draft agreement with the Village of Kildeer and summarized the highlights. Committee of the Whole Minutes, May 12, 2008 3 Trustees Poynton and Branding objected to any de-annexation of Village property. Trustee Branding asked that water and sewer rates be calculated at the rate for outside the Village and that all storm water regulations be complied with. The committee concurred. She requested any future modifications of the site plan be mutually agreed upon. Trustee Callahan again stated his objection to two “big box” stores and his preference for only one with other retail, but he did not want to delay the development. There was agreement that the “dark sky” ordinance be followed. The Committee agreed that discussions regarding trees should be explicit, and the Lake Zurich tree preservation should be adhered to unless Kildeer’s ordinance is more stringent, and the setback for the entire periphery should be 135 feet. REQUEST FROM LAKE PROPERTY OWNERS ASSOCIATION FOR CHANGES TO MUNICIPAL CODE Fred Branding, 15 Lakeview Place, said he was representing Rich Sustich, president of the Lake Property Owners (LPOA). He said the association is requesting approval of two changes to the Municipal Code to allow boat-side swimming in designated areas of the lake and to end the no- wake time one hour earlier. These issues were approved at the May 31, 2007 property owners’ annual meeting. Discussion followed. Mayor Tolomei said he asked Mr. Sustich to use only one area for boat- side swimming on a trial basis and Mr. Sustich agreed to this recommendation. Mr. Branding also concurred. MOTION made by Trustee Poynton, seconded by Trustee Johnson, to recommend the Board of Trustees approve amendments to the Village of Lake Zurich Municipal Code pertaining to the lake of Lake Zurich as follows: Section 7-4-5-3-J – Operation of Watercraft, Responsibilities of Owners or Operators - To allow boat side swimming in one designated area of the lake subject to specified conditions and Section 7-4-7-A-3 – Water Sports and Activities – To end no-wake times one hour earlier (9:00 a.m.) on Monday through Friday. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED PROPOSED AGREEMENT FOR DEVELOPMENT COORDINATOR Mayor Tolomei introduced the proposed draft agreement between the Village of Lake Zurich and Equity Service Group (ESG) that had been given to the Trustees. He summarized the highlights and reviewed briefly the scope of service. The team of Torti Gallas will develop the architectural standards for a fee of $216,000, which will be paid by ESG. ESG will be paid a $50,000 consulting fee. Mayor Tolomei explained that ESG in turn would receive the exclusive rights for a six-month period to develop in the downtown. There will be an impact fee for all future downtown development to help recoup expenses. ESG will “front” all the fees to Torti Gallas. Interest rates will be subject to negotiation. Mayor Tolomei said the downtown project is not tied to the proposed development at the Nestlerest property. David Smith, ESG would need to decide whether to proceed if proposed development at the Nestlerest does not move forward. Committee of the Whole Minutes, May 12, 2008 4 Claudette Dyback, 205 W. Main Street, would like more public involvement regarding downtown development possibly in the form of a referendum. She said Mr. Smith said at the residents’ forum that he was not interested in the downtown project if the proposed development at the Nestlerest property does not move forward. Jim Tarbet, 1195 Cedar Creek Drive, said Torti Gallas is experienced with larger developments, and Lake Zurich is unique and may be outside of their usual scope. He recommends interviewing other contractors and noted that Mr. Smith does not have commercial experience. John Thoede, 52-58 Robertson Road, asked that the Village look at other developers also and make it an open process. Anthony Mizdrak, 115 Robertson, distributed an article from the Chicago Tribune entitled, “Getting to the Heart of the Downtown.” Jamie March, 65 Robertson, questioned the role of David Smith and said he made comments that seemed contrary to the vision of Torti Gallas. She believes the two projects are tied together in Mr. Smith’s mind. Don Lunte, 35 South Shore, had comments regarding Mr. Smith, downtown development, and the proposed Nestlerest development. Mayor Tolomei reiterated that there is no explicit connection between the two projects. Mr. Smith, who will assume a coordinator’s role, will decide if the downtown project is viable for him if the Nestlerest development does not move forward. He reviewed the timeline which shows the planning process taking place from 90 days to four months before it is brought before the Board for approval. Debbie Dettlaff, 108 Robertson, asked what steps the Village is taking to find out what the residents want done with the downtown. She did not think Mr. Smith’s involvement would benefit the Village. Veronica Michaels, 105 Robertson, said the Board is giving the residents contradictory information regarding these issues. Cheryl Grever, 68 Robertson, asked Mayor Tolomei to list the pros and cons of the proposed development. He agreed to prepare this list in writing. Bill Blushman, 1080 Cardinal Drive, said he supports development and noted that the downtown needed improvements. Village Administrator Vitas recommended there be further market analysis done. He said the proposed agreement will be brought before the Board when it is ready and available to the public at that time. Committee of the Whole Minutes, May 12, 2008 5 The information was advisory and no action was taken. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL AND PROBABLE, PENDING, AND IMMINENT LITIGATION MOTION made by Trustee Johnson, seconded by Trustee Callahan, to adjourn to executive session at 10:48 p.m. and not reconvene to open session. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED The meeting was adjourned at 10:48 p.m. Submitted by: Approved: 5/27/08