D. Committee of the Whole

APPROVED VILLAGE OF LAKE ZURICH COMMITTEE OF THE WHOLE JANAURY 5, 2009 The meeting was called to order at 8:51 p.m. ROLL CALL: Present –Mayor Tolomei, Trustees Callahan, Johnson, McAvoy, Poynton, and Taylor. Excused – Trustee Branding. Also present –Administrator Vitas, Village Attorney Burkland, Finance Director Zochowski, Police Chief Finlon, Fire Chief Mastandrea, Park and Recreation Director Perkins, Public Works Director/Engineer Heyden, and Building and Zoning Director Peterson. APPROVAL OF DECEMBER 8, 2008 MINUTES: MOTION made by Trustee McAvoy, seconded by Trustee Johnson, to approve the minutes of the December 8, 2008 Committee of the Whole as submitted. Voice vote, all in favor. MOTION CARRIED. DEVELOPMENT AGREEMENT WITH EQUITY SERVICES GROUP, LLC Village Attorney Burkland briefly outlined the terms of the draft agreement with Equity Services Group (ESG) regarding redevelopment of portions of downtown Lake Zurich. He offered to summarize the key provisions of the agreement and answer questions. He stressed that this was only a preliminary draft, and recommendations from staff and the Board of Trustees would be sought and incorporated into its revisions. RECESS: MOTION made by Trustee Callahan, seconded by Trustee McAvoy, to recess the meeting at 8:58 p.m. to allow the video tape to be changed. Voice vote, AYES have it. MOTION CARRIED. MOTION made by Trustee Callahan, seconded by Trustee McAvoy, to reconvene the meeting at 9:04 p.m. Voice vote, AYES have it. MOTION CARRIED. Village Attorney Burkland provided a page-by-page summary of the key provision of the proposed agreement. He and Village Administrator Vitas answered questions posed by the Committee of the Whole. Staff and the Committee of the Whole will continue to review the proposed agreement and continue discussions. PROPOSED ORDINANCES FOR REGISTRATION OF CONSTRUCTION CONTRACTORS AND FIRE SAFETY SYSTEM INSTALLERS At the November 10, 2008 Committee of the Whole meeting, Asst. Fire Marshall Guy Trayling introduced the proposal to add contractor registration ordinances to Title 3 of the Municipal Code. The two ordinances will require that any contractor engaged in the building construction Committee of the Whole Minutes, January 5, 2009 2 or fire safety installation fields must register with the village and provide proper contact information including registration and licenses plus provide a $10,000 surety bond. The yearly cost to register is $100. Building and Zoning Director Peterson summarized the scope of the proposed ordinance and the revisions made since it was originally presented. He and Asst. Fire Marshall Guy Trayling answered questions posed by the Committee of the Whole. MOTION made by Trustee Taylor, Seconded by Trustee McAvoy, to recommend the Board of Trustees amend Title 3 of the Municipal Code by adding Chapter 10, Building Contractor Registration, and Chapter 11, Fire System Contractor Registration. AYES: 4 Trustees Callahan, Johnson, McAvoy, and Taylor NAYS: 1 Trustee Poynton MOTION CARRIED NEWSLINE –FEBRUARY EDITION MOTION was made by Trustee Taylor, seconded by Trustee McAvoy, to recommend the Board of Trustees approve the February edition of Newsline with the addition of the Mayor’s Column. AYES: 5 Trustees Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED ORDINANCE ADJUSTING NUMBER OF LIQUOR LICENSES MOTION was made by Trustee Johnson, seconded by Trustee Taylor, to recommend the Board of Trustees adopt an ordinance amending Section 3-3B-14 of the Lake Zurich Municipal Code related to the number of liquor licenses. AYES: 5 Trustees Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED SURFACE TRANSPORTATION BOARD APPROVAL OF CANADIAN NATIONAL ACQUISITION OF EJ&E RAILROAD – DISCUSSION OF NEXT STEPS Mayor Tolomei provided an update on the recent approval of the Canadian National Railroad’s acquisition of the EJ&E Railroad. The Village of Barrington is filing an administrative appeal, which may delay the process. He and Trustee Johnson will attend a Track Committee meeting on January 9, 2009, and will report back. He asked if the Committee of the Whole supported paying a contribution or fee if the Track Committee had a proposal to further oppose the acquisition. Although there was agreement that a contribution required further review and discussion, there was no direct opposition. Village Administrator Vitas addressed the steps the Village can take in light of this action. Jeff Mandonna, Wicklow Village East, said he lives right by the railroad tracks. He encouraged the Board of Trustees to support the Village of Barrington and the Track Committee and Committee of the Whole Minutes, January 5, 2009 3 continue to oppose the acquisition. He had many concerns about damage to his home caused by train vibrations and in the event of a derailment or spill. OTHER BUSINESS: Mayor Tolomei said he has had a recent discussion with Kildeer Village President Stefaniak regarding the Intergovernmental Agreement and proposed development. Kildeer is offering a period of revenue sharing for 20 years. Mayor Tolomei asked the Trustees if they would like to continue discussions with Kildeer. The consensus was to continue discussions. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING, PROBABLE, OR IMMINENT LITIGATION MOTION was made by Trustee McAvoy, seconded by Trustee Callahan, to adjourn to Executive Session for the purpose of discussing pending, probable or imminent litigation and not reconvene to Open Session at 10:52 p.m. AYES: 5 Trustees Callahan, Johnson, McAvoy, Poynton, and Taylor NAYS: 0 MOTION CARRIED The meeting was adjourned at 10:52 p.m. Submitted by: Approved: 2/2/09