D. Committee of the Whole

Kim Hinsley - 06-23-08 COW.doc Page 1 APPROVED VILLAGE OF LAKE ZURICH COMMITTEE OF THE WHOLE JUNE 23, 2008 The meeting was called to order at 8:40 p.m. ROLL CALL: Present –Mayor Tolomei, Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor. Also present –Administrator Vitas, Village Attorney Burkland, Finance Director Zochowski, Police Deputy Chief Finlon, Fire Chief Mastandrea, Public Works Director/Engineer Heyden, and Building and Zoning Director Peterson. APPROVAL OF MINUTES: Regular Meeting – May 27, 2008: Trustee Branding asked that the minutes be amended and a statement added reflecting a comment that was made that the TIF began in 2002. This should be added on page 3 after the sentence stating, “Trustee Branding responded that she purchased her home in 2000.” MOTION made by Trustee Callahan, seconded by Trustee McAvoy, to approve the minutes of the May 27, 2008 Regular Committee of the Whole as amended. Voice vote, all in favor. MOTION CARRIED. Special Meeting – June 9, 2008: MOTION made by Trustee Johnson, seconded by Trustee Poynton, to approve the minutes of the June 9, 2008 Special Committee of the Whole. Voice vote, all in favor. MOTION CARRIED. Special Meeting – June 11, 2008: MOTION made by Trustee Callahan, seconded by Trustee Branding, to approve the minutes of the June 11, 2008 Special Committee of the Whole. Voice vote, all in favor. MOTION CARRIED. Special Meeting – June 13, 2008: MOTION made by Trustee Callahan, seconded by Trustee Poynton, to approve the minutes of the June 13, 2008 Special Committee of the Whole. Voice vote, all in favor. MOTION CARRIED. INTERGOVERNMENTAL AGREEMENT WITH VILLAGE OF KILDEER A letter from the Village of Kildeer dated June 4, 2008, regarding the intergovernmental agreement and supplemental agreement between the two villages was reviewed and commented Kim Hinsley - 06-23-08 COW.doc Page 2 Committee of the Whole Minutes, June 23, 2008 2 on. Additionally, a memorandum from Building and Zoning Director Peterson dated June 19, 2008, with suggestions and clarifications was reviewed. The letter from Kildeer responded to a letter from the Village of Lake Zurich to Kildeer dated May 14, 2008. Mayor Tolomei listed each of Kildeer’s responses to Lake Zurich’s position stated in the May 14 letter and asked the Trustees to react to them. Item A – Revenue Sharing: No change in Lake Zurich’s position. Lake Zurich will only accept a 50/50 revenue sharing on the Churchill and Cedar Hill properties on a permanent basis. Lake Zurich finds Kildeer’s position acceptable with respect to ingress and egress issues. Item B – De-annexation of the properties along Cardinal Drive: No change in Lake Zurich’s position. This issue is linked to the 50/50 revenue sharing in Item A. Trustee Poynton stated that he is against de-annexation of any property. Item C – Water and Sewer Service Costs: Lake Zurich will charge the developer the then current outside user rates if they utilize water and sewer services from Lake Zurich. Both villages are in agreement. Item D – Setbacks and buffer zone for properties adjoining Village of Lake Zurich’s residential properties: Lake Zurich requires matching or 130-foot minimum setbacks. Lake Zurich reserves the right to review the landscape plans before they go forward. Kildeer must provide an acceptable tree preservation plan in the area adjacent to the Village of Lake Zurich. Item E – Storm water detention ponds: Both villages are in agreement. Item F – Placement of buildings on property and maximum floor area ratio: Agree with Kildeer’s response stating that the development will not exceed 300,000 s.f. without approval from the Village of Lake Zurich. Item G – Lighting. Both villages are in agreement to incorporate dark sky standards. Item H – Parking lot landscaping: Village of Lake Zurich will require a minimum of 12% landscaping as a compromise to the 15% requirement. Item I – Truck delivery and outdoor storage: Acceptable as shown on the site plan dated February 15, 2008. Any changes would require Village of Lake Zurich approval. Item J – Gateway improvements: The Village of Lake Zurich must approve the design of the welcome sign and is not responsible to pay for the design construction of the sign. The developer will accommodate the landscaping and bike path as state in the May 14, 2008 Lake Zurich letter. Item K – Changes to the site plan: The Village of Lake Zurich requests that the most restrictive zoning and building standards apply. Cedar Hill Nursery and Adjoining Properties: Gary Lundgren, DL Acquisitions, displayed the Kim Hinsley - 06-23-08 COW.doc Page 3 Committee of the Whole Minutes, June 23, 2008 3 proposed site plan for this property. He said he intended to adhere to the agreed upon building size for each use but needed flexibility in where they are located. Mr. Lundgren prefers to put the retail use on Quentin Road where it is more visible and the medical office building to the rear of the property. Additionally, a 135-foot setback requirement would adversely affect his development. He needs a 122-foot setback on Route 22 and a 130-foot setback on Quentin. If the 135-foot setback is required, he will need to move the access points, which requires IDOT approval. Mayor Tolomei recommended accepting for the purpose of dealing with Kildeer the setbacks as shown on the site plan dated June 12, 2008. RECESS: The meeting was recessed from 9:31 to 9:37 p.m. to allow the video tape to be changed and reconvened with all Committee members present. Mayor Tolomei said Lake Zurich will go with the most current plan and will support flexibility of uses. Cummings Property: Mayor Tolomei said if only part of the development is in Lake County, Lake Zurich must agree not to provide water and sewer. Representatives of Lake Zurich may participate in any court appearances as a witness, but the Village will not participate monetarily. The development will be strictly residential and not exceed medium density which is 12 dwelling units per acre. Administrator Vitas will prepare a draft response and present it to the Lake Zurich Board of Trustees. CONSIDERATION OF AN AMENDMENT TO THE BOUNDARY OF THE DOWNTOWN TIF DISTRICT TO REMOVE 15 LAKE VIEW PLACE The proposal to remove Trustee Branding’s residence at 15 Lake View Place from the TIF District was discussed. Trustee McAvoy said although he would like Trustee Branding to be able to vote on issues related to the TIF District, he could not support the cost of the TIF amendment, the loss of revenue if the property was removed from the District, and was concerned about setting precedence. Village Attorney Burkland responded to questions asked by the Trustees. Discussion followed on the actual revenue loss to the Village if the Branding property was removed from the TIF District, the cost of a minor or major amendment to the TIF and the need for either amendment, and issues related to precedence. Trustee Taylor said he was concerned about setting a precedence even if it was not a legal issue but just upset the balance of the TIF District. He was also concerned about a $12,000 or more expenditure when the money was so tight and about the loss of the contribution to the TIF District. Bob Schayer, 225 Jamie Lane, said he lives just outside the TIF District. He is concerned about higher taxes and does not want to spend any more money on the District. He said Trustee Branding should have given some thought to the fact that she owns property in the TIF District when she ran for office. He is also concerned about revenue loss to the TIF District and about setting precedence. He asked that the downtown redevelopment be moved along as quickly as possible. Kim Hinsley - 06-23-08 COW.doc Page 4 Committee of the Whole Minutes, June 23, 2008 4 Trustee Branding told Mr. Schayer that she personally did not ask for this item to be placed on the agenda and said she is also very concerned about revenue. Jim Tarbet, 1195 Cedar Creek Drive, asked what consultant Steve Friedman was paid last year and had questions and comments about the revenue loss. He recommended several parcels be removed from the TIF District that will not be developed, and said Trustee Branding’s property should be removed at the same time the other adjustments are made. Jaime Maravich, 65 Robertson Road, said she supported Trustee Branding’s property being removed from the TIF District and said due to her fiscal responsibility, the cost for the amendment would probably be recouped through her votes. Trustee Johnson suggested staff follow up on Jim Tarbet’s comment about removing property from the TIF District that will not be used. Mayor Tolomei said removing property from the TIF District will not change the actual dollar amount but only the percentage. Finance Director Zochowski will prepare an analysis and address questions and comments made this evening regarding revenue. MOTION made by Trustee Callahan, seconded by Trustee Johnson, to table this item for three weeks. AYES: 5 Trustees Callahan, Johnson, Poynton, McAvoy, and Taylor NAYS: 0 ABSTENTION: 1 Trustee Branding MOTION CARRIED Further discussion took place and Village Attorney Burkland was asked additional questions. He restated his opinion that state law would prohibit Trustee Branding from voting or engaging in discussion with her colleagues on the TIF District. He said the TIF law conflicts provision is very clear. He had not been directed to prepare an opinion on whether Trustee Branding voting would invalidate Board action and did not have an opinion prepared on this issue. DISCUSSION OF NEXT STEPS FOR COMPLETION OF DOWNTOWN PLANNING A letter to Mayor Tolomei from Torti Gallas and Partners dated June 20, 2008, from Bob Goodill regarding the Lake Zurich Planning Charette had been sent to the Trustees by Administrator Vitas via e-mail and had been placed in their mailboxes at the Village Hall. Not all Trustees had received their copy of the letter so it was reviewed at this time. Mayor Tolomei said the web site for the downtown is now up and running and encouraged the Trustees to study the information. Administrator Vitas summarized the proposed steps in the letter. 1) Prepare a booklet form of the Charette (agreed) Kim Hinsley - 06-23-08 COW.doc Page 5 Committee of the Whole Minutes, June 23, 2008 5 2) Create a master plan (now in process) 3) Form a base code 4) Architectural guidelines Discussion followed on Items 3 and 4. It was asked if Torti Gallas should perform these tasks. Mayor Tolomei recommended further study be given to these items including a review of the information on the web site. Building and Zoning Director Peterson said there will be discussions between Torti Gallas and staff on building regulations and zoning issues as they would be applied to the downtown. Staff will bring the information forward when the process is complete. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING MATTERS RELATED TO PENDING, PROBABLE, OR IMMINENT LITIGATION AND PERSONNEL MOTION made by Trustee McAvoy, seconded by Trustee Johnson, to adjourn to executive session at 10:42 p.m. and not to reconvene to open session. AYES: 6 Trustees Branding, Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED Submitted by: Approved: 7/14/08