Minutes of May 15 2006 Village Board mtg

MINUTES OF THE VILLAGE BOARD

MEETING FOR TOWER LAKES

Date: May 15, 2006

Location: Village Hall

Time: 7:35pm

1. ROLL CALL, PLEDGE AND SIGN IN: Present: President Kuskowski, Trustees Parro, Gidley, Fitzgibbons. Building Inspector Cantieri, Village Treas Rolfs, Village Clerk Leitner. Absent: Trs. Frey, deVries.

2. APPROVAL OF MINUTES: Motion to approve the minutes from the Village Board meeting held April, 2006 made by Tr Parro, seconded by Gidley and followed by a voice vote. All Ayes.

3. NEW TRUSTEE:Pres Kuskowski seeks the Village Board’s consensus to appoint Tom Bolger as a Village Trustee to replace Richard Baggett. Approved, effective as of the next meeting.

4. PLAN COMMISSION: PC Member Dan Spies reported that the Plan Commission is working on the comprehensive plan update, and working with Tr deVries on reviewing and tracking the water system. In addition, the PC is working on the definition of front yard re: setback issue(s), and have obtained copies of several other villages’ ordinances on frontyard setback definitions. The PC focused on the wording, especially the various definitions of ‘front’ or ‘front yard’, and have concluded that Tower Lakes should keep the ‘front’ verbage because front is standard language used in all communities. As a definition of the ‘front’, PC suggests: “Front yard: shall be that yard which any portion of the house facing the street is the mailing address for the property”;

With approval from the Village Board, PC will go to Village Attorney Bateman to develop an ordinance adopting the definitions of Front, Rear, and Sideyards.

5. ZBA: Chair Larry Gold presented the conclusions of the ZBA from their meeting held May 9, 2006 to consider the variance request of Emil LeDonne and Tony Ramirez, 101 Essex. (See ZBA minutes). Comments /discussion clarified that the first floor ceiling height is proposed at 9 feet while the second floor is 8ft with vaulted ceilings. The proposed structure will be thirty feet deep with the ten-foot extension on the rear, with an 8/12 pitch vs 4/12 older style pitch on the roof. The proposal is for a 4600 square foot house. Only one tree will be removed for septic, but it was noted that the Village does not have a tree preservation ordinance.

Tr Parro expressed his concern that the proposed side yard setback, more than the height variance request, effects the project in a way that changes of the nature of the community by building ‘lot line to lot line’, which the community is expressly trying to avoid. The Village Board determined to vote on the two variance requests separately. Motion to approve the ZBA’s recommendation to grant approval to Messrs LeDonne and Ramirez for a 10-6-5 variance of 7.5 feet to allow the building of a roof height of 34.5 feet, made by Tr. Gidley, seconded by Tr. Fitzgibbons and followed by a roll call vote: Ayes: President Kuskowski, Trustees Parro, Gidley, Fitzgibbons. Motion to approve the ZBA’s recommendation to grant approval to Messrs LeDonne and Ramirez for a 10-6-4(B) variance to allow construction 10.21 feet into the west side yard setback, made by Tr. Fitzgibbons, seconded by Pres. Kuskowski and followed by a roll call vote: Ayes: Pres Kuskowski, Tr Fitzgibbons. Nays: Tr. Gidley, Parro.

With the side yard setback failing, the Village Board suggests going back to the 17.1 setback, pointing out that the Village’s teardown ordinance addresses the footprint issue; that the owners were initially issued an interior demolition permit only. The proposed structure covers too large an area. Question of presidential voting raised. Ordinance as prepared needs to be modified to reflect omission of side yard setback but leaving references to height variation. Motion to pass ordinance as amended made by Tr Parro, seconded by Tr Gidley and followed by a roll call vote: Ayes: President Kuskowski, Trustees Parro, Gidley, Fitzgibbons.

6. Leicht Auto: Leicht Auto is interested in annexing into the Village of Wauconda for sewer and water in order to expand the current site’s services to include one each of a retail site, car wash, convenience store. Currently, Leicht Auto sits in that part of the intergovernmental jurisdictional boundary governed by Tower Lakes. There is agreement in principle to agree to the change in the governmental boundary provided that certain events occur: Tower Lakes must 1) petition all villages who are party to the intergovernmental boundary agreement for their consent to the change; 2) receive telephone police dispatching services, as provided in the agreement, from the Village of Wauconda; 3) receive compensation from Leicht in accordance with the terms of the agreement; and 4) receive tax compensation from the Village of Wauconda. The compensation from Leicht is being contemplated as a two year cash outlay paid over seven years. Mr Leicht stressed that this payment is contingent upon annexation into Wauconda. Motion to pass the Resolution to change the intergovernmental boundary made by Tr Gidley, seconded by Tr. Fitzgibbons and followed by a voice vote: All Ayes. Other agreements will be finalized upon agreement of terms among communities.

7. TLIA request for phosphate restriction ordinance: TLIA Pres Shircel spoke stating that TLIA is asking the Village for an ordinance banning the use of phosphate fertilization. All large lawn care services have phosphate-free fertilizers, but many smaller companies don’t. Home Depot sells ‘weed and feed’ as a non-phosphate fertilizer. Phosphates in lawn fertilizers contribute hugely to the algae in the Lake. TLIA will offer proposed language to be referred to the Village Attorney for use in drafting an ordinance.

8. BUILDING AND ZONING REPORT: BI Cantieri reported that

7 Permits were issued last month; information available at the Village office.

Fulara house red tagged by Lake County Storm Water Management’s Brian Cook, concerning a breech in the silt fence (from rains) Repaired as of today. LCSWM will issue a letter of no objection so that the project can proceed.

FYI-- Any one on the lake or on a drainage path to the lake requires storm water management approval for construction projects.

Gable—new resident on Rte 59 who has expressed an interest in having her property rezoned for commercial (spa). No news.

John Cazetta, next to LoPresti’s property on WLSD, wants to identify utility easement running through their property(s). Plat of survey indicates walking, not water, easement. Right of way runs oddly. Would like to clarify the plat of survey. TLIA’s Sue Dehnert will set up a meeting vis-à-vis swapping Village/TLIA land to achieve this goal.

9.TREASURER’S REPORT: Treas Rolfs distributed p/l, monthly expenditures, vendor transaction list. Motion to approve the bills as stated made by Tr Parro, second Gidley followed by a roll call vote: AYES: President Kuskowski, Trs Gidley, Parro, Fitzgibbons.

10. FINANCE REPORT: Tr Gidley: Appropriations Ordinance—Motion made to approve the 2006-07Appropriations Ordinance, which applies to the general fund only, made by Pres. Kuskowski, seconded by Tr Fitzgibbons and followed by a Roll Call vote: AYES: President Kuskowski, Trs Gidley, Parro, Fitzgibbons.

Certified Estimate of Revenues: signed by Village Treasurer. Will be submitted with the Appropriations Ordinance.

11. POLICE REPORT: on file at the Village Office. There was a car theft in Tower Lakes—please be aware! Do not leave your car and home unlocked.

12. STORMWATER MANAGEMENT: Cuba Township will be making road repairs, first on West Lake Shore Drive, then on Roslyn Road.

13. ROADS REPORT: Tr Parro: Brush pickup performed for $1,500. This spring/summer dead trees will be removed. Sticker payments are coming in. Also scheduled, Paving projects—1.5 miles worth—mostly Fenview.

14. HEALTH AND SANITATION: No report.

15. UTILITIES: Tr deVries received three water company quotes: Aqua America, Manert Engineering, and Utilaco. These will be evaluated by Tr deVries and Pres Kuskowski .

Revised Telecommunications Tax Ordinance—language changes made at the suggestion of the State caused the revision of this previously passed ordinance. Motion made by Pres Kuskowski, seconded by Tr Parro and followed by a roll call vote: Ayes:

President Kuskowski, Trs Gidley, Parro, Fitzgibbons.

16. URBAN FORESTRY: No report.

17. BACOG: No report.

18. COMMUNITY PLANNING COMMITTEE: No report.

19. PUBLIC COMMENTS: Legacy Subdivision: (resident Scot Nelms developing). Tr Parro noted that many of the proposed lots are less than one acre: all surrounding communities are zoned one acre. This comment will be forwarded to Lake County, which has sought Village input.

20. OLD BUSINESS: none.

21. NEW BUSINESS: North Lake monument. Since it needs replacing, the suggestion has been made to rebuild it with flag stone facing. Resident Marcia Fitzgibbons received a quote $2400.00. Other quotes will be sought.

Motion to adjourn made by Tr Gidley, seconded by Pres Kuskowski and followed by a voice vote.

Respectfully Submitted,

Kathleen Leitner

05-17-06