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MINUTES OF THE REGULAR MEETING
OF THE GURNEE VILLAGE BOARD
GURNEE VILLAGE HALL
January 10, 2011
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Call to Order
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Mayor Kovarik called the meeting to order at 7:31 p.m.
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Other Officials in Attendance
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James T. Hayner, Village Administrator; Patrick Muetz, Assistant to Administrator; Bryan Winter, Village Attorney; David Ziegler, Community Development Director, Christine Palmieri, Director of Human Resources; Tracy Velkover, Planning Manager
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Roll Call
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PRESENT: 6- Schwarz, Ross, Garner, Jacobs, Balmes, Morris
ABSENT: 0- None
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Pledge of Allegiance
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Mayor Kovarik led the Pledge of Allegiance.
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A, PUBLIC COMMENT
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Mayor Kovarik asked for a moment of silence for the victims of the Tucson shooting.
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B. APPROVAL OF CONSENT AGENDA
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It was moved by Trustee Jacobs, seconded by Trustee Balmes to approve the Consent Agenda as presented.
Roll call,
AYE: 6- Schwarz, Ross, Garner, Jacobs, Balmes, Morris
NAY: 0- None
ABSENT: 0- None
Motion Carried.
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C. CONSENT AGENDA / OMNIBUS VOTE
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The Village Administrator read the consent agenda for an omnibus vote as follows:
1. Approval of minutes from the December 20, 2010 meeting.
2. Approval Ord. 2011 -01 accepting the public improvements for the Bricco Estates subdivision.
3. Approval Ord. 2011-02 amending the Lake County Public
Works Sanitary Sewer Connection Fees as provided in Section 82-173 of Chapter 82 of the Gurnee Municipal Code.
4. Approval of Payroll for period ending December 18, 2010 in the amount of $680,504.49.
5. Approval of Payroll Transfer Journal for period ending December 18, 2010 in the amount of $672,624.90.
6. Approval of Payroll for period ending January 1, 2011 in the amount of $679,394.13.
7. Approval of Payroll Transfer Journal for period ending January 1,
2011 in the amount of $673,003.72.
8. Approval of Bills for the period ending January 10, 2011 in the amount of $1,297,540.85.
It was moved by Trustee Balmes, seconded by Trustee Jacobs to approve the Consent Agenda for an omnibus vote as read.
Roll call,
AYE: 6- Schwarz, Ross, Garner, Jacobs, Balmes, Morris
NAY: 0- None
ABSENT: 0- None
Motion Carried.
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D. PETITIONS AND COMMUNICATIONS
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1. Approval of Proclamation designating January 17, 2011 as Dr. Martin Luther King, Jr. Day in the Village of Gurnee.
Mayor Kovarik read Proclamation into record.
It was moved by Trustee Jacobs, seconded by Trustee Ross to approve of Proclamation designating January 17, 2011 as Dr. Martin Luther King, Jr. Day in the Village of Gurnee.
Voice Vote: ALL AYE: Motion Carried.
Erin McDougle and Stephanie Zblewski reported that they are working on their Girl Scout Gold Award project and will be holding an art display at the Warren Township Special Recreation Association building. The purpose of the display is to help bring awareness to the special needs member of our society. The display is free and will be from 5pm to 7pm on Friday, January 14th.
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E. REPORTS
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Mayor Kovarik said the “Gurnee’s Got It” finale was well attended and the car was awarded to Kelly Ronan. She thanked Mr. Rosen for hosting the event and said several local food establishments were represented. She said Gurnee’s Sales Tax were up 15% in September and 13% in October.
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F. OLD BUSINESS
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None.
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G. NEW BUSINESS
Nancy Roberts
6391 Cunningham
Harold Roberts
6391 Cunningham
Paul Howard
Lindenhurst, IL
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1. Approval Ord. 2011 -03 granting a minor amendment to an existing Planned Unit Development Plan, pursuant to the Gurnee Zoning Ordinance No. 80-29, for property located at 1508 – 1512 Nations Drive (Chuck E. Cheese).
Mr. Hayner said each Board member should have received a memo from Tracy regarding this minor amendment. He said this received a unanimous favorable recommendation from the Plan Commission. He said Chuck E. Cheese would like to add an addition and lease the Krispy Kreme property for additional parking.
Trustee Morris asked if the leases are concurrent with each other.
Petitioner’s Attorney said it is one lease.
Trustee Garner asked if they have a tenant for the Krispy Kreme building and what type of retail establishment they are looking for.
Petitioner’s Attorney said no they don’t have a tenant and they are looking for any type of retail business that is not a restaurant.
Trustee Garner asked if they are currently prospecting for a new tenant.
Petitioner’s Attorney responded yes.
It was moved by Trustee Balmes, seconded by Trustee Jacobs to approve of Ord. 2011 -03 granting a minor amendment to an existing Planned Unit Development Plan, pursuant to the Gurnee Zoning Ordinance No. 80-29, for property located at 1508 – 1512 Nations Drive (Chuck E. Cheese).
Roll call,
AYE: 6- Schwarz, Ross, Garner, Jacobs, Balmes, Morris
NAY: 0- None
ABSENT: 0- None
Motion Carried.
2. Approval Ord. 2011 -04 authorizing the execution of a license agreement between Imagine Properties 300, L.L.C. and the Village of Gurnee.
Mr. Hayner said each Board Member should have received a memo from Molly that will solve the parking problem at this location. He said previously a furniture store occupied the location and typically furniture stores don’t need much parking. He said as the property continues to be leased out they are running into parking issues. He said both the Plan Commission and Village Staff believe this agreement is a logical solution to the problem.
Trustee Morris asked if 24ft is the minimum for a thoroughfare.
Mr. Ziegler said yes, 24 feet is the minimum.
Trustee Morris asked if 18ft is the minimum for parking.
Mr. Ziegler said yes, 18 feet is the minimum.
Ms. Velkover said this is the standard for most of the area retail parking.
Trustee Morris asked if any there will be any signage for longer vehicles.
Ms. Velkover said that has not been proposed.
Mr. Ziegler said this is a standard sized parking lot.
Trustee Morris asked if it was true that Sign-O-Rama only has two parking spaces.
Mr. Ziegler said correct, it is not a customer based business.
Trustee Morris said he didn’t see any landscaping plans.
Ms. Velkover said those will be reviewed by the Village Forrester.
Trustee Ross asked if Gurnee Grocery and Liquor will have a side entrance.
Mr. Ziegler said no, they will only have a front entrance.
It was moved by Trustee Balmes, seconded by Trustee Schwarz to approve of Ord. 2011 -04 authorizing the execution of a license agreement between Imagine Properties 300, L.L.C. and the Village of Gurnee.
Roll call,
AYE: 5- Schwarz, Ross, Garner, Jacobs, Balmes
NAY: 1- Morris
ABSENT: 0- None
Motion Carried.
3. Approval Ord. 2011-05 granting a minor amendment to a
Planned Unit Development agreement (approved as Ordinance 2005-62) on the petition of Theresa and Paul Bicok for property located at 6431 Cunningham Court.
Mr. Hayner explained this is a minor amendment to add a driveway to an existing single family home. He said the Village found out the home is being used as a home for the aging. He said the Planning Commission gave this proposal a 5-2 favorable recommendation with several conditions listed in the memo.
Trustee Ross asked if this will eliminate the current driveway.
Ms. Velkover said no the current driveway will still exist.
It was moved by Trustee Morris, seconded by Trustee Jacobs to approve of Ord. 2011 -05 granting a minor amendment to a Planned Unit Development agreement (approved as Ordinance 2005-62) on the petition of Theresa and Paul Bicok for property located at 6431 Cunningham Court.
Roll call,
AYE: 6- Schwarz, Ross, Garner, Jacobs, Balmes, Morris
NAY: 0- None
ABSENT: 0- None
Motion Carried.
4. Approval Ord. 2011- granting a Special Use Permit pursuant to the Gurnee Zoning Ordinance related to a nursing home/home for the care of the aged for Theresa’s Home Care, L.L.C. at 6455 Cunningham Court.
Ms. Velkover explained the petitioners are proposing a 24 bed facility with 2 beds in each room. She said originally the proposal requested 30 beds and the petitioners lowered the number to 24. She said the Traffic consultant looked at the situation and said it would be comparable to what is already in the area. She said the proposal includes 10 parking spaces and one handicap parking space. Ms. Velkover briefly explained how the Village learned about the operation and the issues that have been brought to the attention of the Village. She said currently the petitioner does not have a license from the State of Illinois to operate, but they have been in contact with the State and the State will not proceed until the Village of Gurnee approves planned permits.
Attorney for the Petitioner Mr. Wojteczko said his client applied in June of 2009 for a license. The State has visited the facility twice, but several adjustments need to be made to the property adding a sprinkler system and an elevator before the State license can be issued. He said that they need approval from the Gurnee Village Board to make these changes. If approved by the Village, the physical changes will be made, then they will have the State conduct another survey. All of the administrative requirements of the State have been met.
Mayor Kovarik asked if the State has certain levels of licensing needed for Nursing Homes.
Mr. Wojteczko said yes and briefly explained.
Petitioner Ms. Bicok explained the staffing situation and said right now she has 7 residents.
Trustee Schwarz asked how long they have been in operation.
Ms. Bicok responded since January 2009.
Trustee Schwarz asked if they have done this before.
Ms. Bicok said yes in Libertyville and Grayslake with 2-3 residents.
Trustee Schwarz said previously you had 2-3 residents but never 24.
Mr. Wojteczko said the State does not require a license for 2-3 residents.
Trustee Morris asked when the residents were moved from the other locations.
Ms. Bicok said December 2008.
Trustee Morris said technically you are in violation.
Ms. Bicok said the State came out and they are very excited about what she was doing, but will not proceed until Gurnee approves permits.
Trustee Morris asked when they applied for the license.
Ms. Bicok said June 2009.
Trustee Morris stated the license was applied for after the Fire Department came to the home in May of 2009. He then asked if they have ever had anyone come up missing.
Ms. Bicok said no.
Trustee Morris asked Mr. Ziegler if there was anything that would preclude them from obtaining the license from the State.
Mr. Ziegler said no there is nothing that would make it impossible.
Trustee Morris asked for estimated costs to bring the facility to standard.
Mr. Wojteczko said the sprinkler system estimated cost is $28,000 and the elevators estimated cost is $90,000.
Trustee Garner asked what kind of physical condition the residents are in and what type of care is provided.
Ms. Bicok briefly explained what type of residents she has and what type of care she provides.
Trustee Garner asked how she finds residents.
Ms. Bicok said mostly verbal recommendations.
Trustee Garner asked what type of qualifications her employees have.
Ms. Bicok explained the employee situation and said a Registered Nurse is on the premises five days a week.
Mr. Wojteczko said a Physician is on call 24 hours a day.
Trustee Garner asked who does the cooking.
Ms. Bicok said she or her husband.
Trustee Balmes asked if the residents are permanent.
Ms. Bicok said that is unpredictable that some residents do get better and leave.
Trustee Balmes asked what the elevator is for.
Ms. Bicok said it would be for basement, first and second floor access.
Trustee Balmes asked if two wheelchairs can go down the hall at the same time.
Ms. Bicok said she has never been told that is a requirement.
Mr. Wojteczko said the State has been given drawings and they didn’t come back with any requirements like that.
Trustee Balmes said she is just worried about a possible emergency evacuation.
Mr. Wojteczko said the State looks at that when they inspect the drawings.
Trustee Jacobs asked what hours during the day the RN is on the premises.
Ms. Bicok said 9:30am – 3:30pm Monday thru Friday.
Trustee Jacobs asked at what point will those hours need to be extended.
Ms. Bicok said right now with 7 residents she is doing very well and adding more assistance depends on the needs and requirements of any additional residents.
Trustee Jacobs how medicine is dispersed.
Ms. Bicok said the RN disperses the medicine and briefly explained the process.
Trustee Schwarz said in the packet he received the pictures are dated 2007.
Ms. Bicok said she borrowed the camera and does not know how to remove the date but the pictures are recent.
Trustee Schwarz said in the photo he counts 11 residents.
Ms. Bicok said that photo was taken last Spring.
Ms. Roberts said she is concerned this hearing taking place after they have already been in operation without a license. She said bumping the residents from 7 to 24 certainly will cause traffic issues.
Mayor Kovarik said the traffic study was done for a maximum of 24 residents.
Mr. Roberts said he would like answers as to how they can operate without a State License.
Gurnee Village Attorney Mr. Winter said the State is aware of the operation. He explained several things need to be taken care of on Village level before the State can proceed. He said if the Village Board should not approve this Ordinance then a cease and desist order would be executed adding this is not something the Village is ignoring.
Mr. Howard said he is before the Board to attest to the excellent care Ms. Bicok gives to her residents. He said the people are wonderful, the food is terrific and the home is clean. He said he gives the operation an A+.
Mayor Kovarik said this is a zoning question. She said the senior population is exploding and there is a growing need for this type of facility. She said however anything above 2 or 3 residents becomes an institution and the Board needs to think carefully about approving this. She said there are a lot of concerns with this density of residents in an R1 location.
Trustee Morris asked if any kind of public notice was given to the neighbors.
Mr. Ziegler said yes, any neighbor within 500 feet of the property was notified and several did show up and voiced concerns.
Trustee Morris asked how many homes are within 500 feet.
Mr. Ziegler said about 50 letters were sent out.
Trustee Garner asked if we have to approve this for 24 residents.
Mayor Kovarik explained the options.
Trustee Ross said she hasn’t heard enough testimony to approve 24 residents and asked if they would go ahead with this if the Board approved 12 residents.
Mr. Wojteczko said his clients would have to answer that question.
Mayor Kovarik said the Board is worried about that kind of density.
Ms. Bicok asked if any Board member had ever visited the facility. She said the house is on plenty of land and she has more than enough parking.
Mayor Kovarik asked if the petitioners would like to propose a lower number of residents. She said that the Board seems concerned about the number of residents and taking this to a vote might not be in the best interest of the petitioners. She briefly explained what would happen if the Board voted this down and the process to reapply.
Mr. Wojteczko requested a continuance.
It was moved by Trustee Morris, seconded by Trustee Garner to continue discussion of Ord. 2011 - granting a Special Use Permit pursuant to the Gurnee Zoning Ordinance related to a nursing home/home for the care of the aged for Theresa’s Home Care, L.L.C. at 6455 Cunningham Court to the January 24th Regular Meeting.
Roll call,
AYE: 6- Schwarz, Ross, Garner, Jacobs, Balmes, Morris
NAY: 0- None
ABSENT: 0- None
Motion Carried.
5. Approval Ord. 2011-06 authorizing execution of a professional service agreement between the Village of Gurnee and Wright Benefit Strategies, Inc.
Mr. Hayner explained Mr. Wright has raised his fee. He said Mr. Wright’s service is well worth the increase, adding he works very hard for the Village.
It was moved by Trustee Ross, seconded by Trustee Balmes to approve of Ord. 2011 -06 authorizing execution of a professional service agreement between the Village of Gurnee and Wright Benefit Strategies, Inc.
Roll call,
AYE: 6- Schwarz, Ross, Garner, Jacobs, Balmes, Morris
NAY: 0- None
ABSENT: 0- None
Motion Carried.
6. Approval of floral bills for the period ending January 10, 2011 in the amount of $60.00.
Trustee Balmes read a statement stating that she has an interest in Gurnee Flowers by Balmes and therefore will be abstaining from voting on this matter.
Trustee Garner read the following statement:
My vote against Trustee Balmes receiving this floral order is not personal and has nothing to do with the exceptional quality and value she provides as a florist. I believe no sitting board member should receive direct benefit from the Village and we the Board should practice being above even the appearance of wrongdoing to the witnessing public
It was moved by Trustee Ross, seconded by Trustee Jacobs to approve of floral bills for the period ending January 10, 2011 in the amount of $60.00.
Roll call,
AYE: 4- Schwarz, Ross, Jacobs, Kovarik
NAY: 2- Garner, Morris
ABSENT: 0- None
ABSTAIN: 1- Balmes
Motion Carried.
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H. PUBLIC COMMENT
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None.
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Closing Comments
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None.
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Adjournment
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It was moved by Trustee Balmes, seconded by Trustee Jacobs to adjourn the meeting.
Voice Vote: ALL AYE: Motion Carried.
Mayor Kovarik adjourned the meeting at 8:59 p.m.
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Andrew Harris,
Village Clerk
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