Minutes of the Regular Meeting of the Gurnee Village Board - January 28, 2013

 

MINUTES OF THE REGULAR MEETING

OF THE GURNEE VILLAGE BOARD

 

GURNEE VILLAGE HALL

January 28, 2013

 

Call to Order

Mayor Kovarik called the meeting to order at 7:30 p.m.

 

Other Officials in Attendance

Patrick Muetz, Village Administrator; David Ziegler, Assistant Village Administrator/Community Development Director; Bryan Winter, Village Attorney; Erik Jensen, Management Analyst; Diane Lembesis, Finance Director; Tracy Velkover, Planning Manager; Tom Rigwood, Director of Public Works; Fred Friedl, Fire Chief; Kevin Woodside, Chief Police

 

Roll Call

PRESENT:       6- Schwarz, Ross, Park, Garner, Balmes, Morris

ABSENT:         0- None

 

Pledge of Allegiance

Mayor Kovarik led the Pledge of Allegiance.

 

 

 

A.  PUBLIC COMMENT

Mary Ann
32340 N. Pine Avenue
Grayslake, IL

Sam Yingling
Dist 62 State Rep.


Mary Ann wanted to encourage the Village of Gurnee to participate in World Autism day on April 2nd.  She briefly explained and ended by stating Home Depot is the corporate sponsor and will have the blue lights available in March.


Mr. Yingling introduced himself to the Board and the attending public.  He said his new office is located in Hainesville and he is always at the disposal of his constituents.

 

B.  APPROVAL OF CONSENT AGENDA

It was moved by Trustee Balmes, seconded by Trustee Schwarz to approve the Consent Agenda as presented.

 

Roll call,

AYE:                6- Schwarz, Ross, Park, Garner, Balmes, Morris

NAY:                0- None

ABSENT:         0- None

Motion Carried.

 

C. CONSENT AGENDA / OMNIBUS VOTE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Village Administrator read the consent agenda for an omnibus vote as follows:

 

1.  Approval of minutes from the January 7, 2013 Village Board meeting.

 

2.  Approval of Ord. 2013 - 03 extending the water service agreement between the Village of Gurnee and Thelen Sand and Gravel, Inc.

 

3.  Approval of reduction in letter of credit for Net 3 Real Estate to $2,800 as recommended by the Village Engineer.

 

4.  Approval of Payroll for period ending January 12, 2013 in the amount of $709,750.49.

 

5.  Approval of Payroll Transfer Journal for period ending January 12, 2013 in the amount of $703,458.52.

 

6.  Approval of Bills for the period ending January 28, 2013 in the amount of $1,315,378.02.

 

It was moved by Trustee Schwarz, seconded by Trustee Balmes to approve the Consent Agenda for an omnibus vote as read.

 

Roll call,

AYE:                6- Schwarz, Ross, Park, Garner, Balmes, Morris

NAY:                0- None

ABSENT:         0- None

Motion Carried.

 

 

D.  PETITIONS AND COMMUNICATIONS

 

 1.        Approval of a Proclamation designating February 2013 as African American History Month in the Village of Gurnee.

 

      Mayor Kovarik read proclamation into record.

 

It was moved by Trustee Park, seconded by Trustee Ross to approve of a Proclamation designating February 2013 as African American History Month in the Village of Gurnee.

 

Voice Vote:     ALL AYE:        Motion Carried

 

2.  Robert Fuller, Field Organizer, Energy Impact Illinois– Introduction of Energy Impact Illinois’ energy efficiency program.

 

      Mr. Fuller introduced himself to the Board and briefly explained the Energy Impact Illinois’ energy efficiency program.  He said the program works in alliance with the US Department of Energy to connect homeowners in the seven county Chicago regions with energy upgrades.

 

      He said the program works with homeowners and offers a rebate of 70% on home upgrades to improve home energy efficiency worth up to $1,750.  He said participants in the program realize an average of $500 savings every year on utility bills.  He said he would be happy to answer any questions and left his contact information with the Village and each Trustee.

 

E.  REPORTS

 

None.

 

F. OLD BUSINESS

 

 

None.

 

G.  NEW BUSINESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.  Approval of Ord. 2013 -04 granting a variation to 2133 Maplewood Drive to allow an encroachment into a required 30 foot setback.

 

      Mr. Muetz said petitioner, Mr. Jim Lange, who, in the interest of full disclosure is also a Gurnee Police Sergeant, has requested a variation to allow a garage expansion on the north end of his existing single-family home located at 2113 Maplewood Drive.  The addition he has requested is 13’ 6” wide.  This encroaches into the required 30 foot front yard setback by 4 feet.  The request was before the Planning and Zoning Board (PZB) on December 19, 2012 and received a unanimous favorable recommendation. In addition, two neighbors of Mr. Lange attended the PZB meeting and stated they had no objection to the addition.

 

It was moved by Trustee Balmes, seconded by Trustee Ross to approve of Ord. 2013 - 04 granting a variation to 2133 Maplewood Drive to allow an encroachment into a required 30 foot setback.

 

Roll call,

AYE:                6- Schwarz, Ross, Park, Garner, Balmes, Morris

NAY:                0- None

ABSENT:        0- None

Motion Carried.

 

  1. Approval of Ord. 2012-05 authorizing the execution of Amendment No. 1 to the bittersweet Golf course Management Agreement with GolfVisions Management, Inc.

 

      Mr. Muetz gave an overview stating that the request from GolfVisions is to increase the Golf Operation Fund from $60,000 to $100,000.  In addition, Village staff has proposed amendment language related to the payback of this funding.  As part of the management agreement, the Village of Gurnee was required to create a Golf Course Operation Fund to be used for the appropriate golf course repairs, equipment and operational expenses.  The amount of this fund is $60,000; however the FY 12/13 Approved Budget included $100,000 for this expense which was the same as the previous manager, Starbird Links.   At this point, GolfVisions has exhausted the $60,000 and is requesting the contract be amended to allow additional funds to be released to help support the necessary operations prior to the 2013 season. 

 

 

       The $60,000 released to date has been spent on fixed costs such equipment leases, utilities, insurance coverage, payroll expenses, transition expenses, and general repair and maintenance needed at the facility.  Mr. Muetz stated with GolfVisions assuming control on December 1st, it was unrealistic for staff to think it would operate the course for 5 months on $60,000, especially when fixed costs absorb over $23,000 of this amount.  Staff has met numerous times with GolfVisions to ensure the expenditures at the course during the off-season are prioritized and make sense.  In order to allow limited operations between now and April, when the golf season starts up, additional funding will be required. 

 

       Mr. Muetz further stated that staff recommends the contract with GolfVisions, Inc. be amended to increase the limit of the Golf Operations Fund from $60,000 to $100,000 and to add language related to the establishment of a reserve fund which could be used for capital improvement or to fund operations if needed.  Not approving the contract amendment would result in a shutdown of the course and all fixed costs, etc. would be absorbed by the Village.

 

      Questions

 

      Trustee Morris stated he recalled a Trustee questioning whether or not the $60,000 would be enough to fund GolfVisions through the winter and they indicated it would be.   Mr. Muetz stated GolfVisions misinterpreted the $60,000 as being a minimum rather than a total of expenses.

 

       Trustee Morris asked for comparisons of winter expenses and fixed costs between the former manager, Starbird Links and GolfVisions.  Mr. Muetz stated that if the amendment is approved, $100,000 will be all they have to work with.  Village Attorney, Bryan Winter stated that the $60,000 operating fund was overly optimistic.

 

      Trustee Park clarified the $100,000 budget for the current year and asked if the operating fund remains at $60,000, what would be the Village’s obligation.  Mr. Muetz stated that the equipment lease would be the largest expense at approximately   $18,000 and various other smaller expenses would be incurred by the Village. 

 

      Trustee Balmes asked if GolfVisions was operating their Pro Shop at this time. Mr. Muetz stated the kitchen is not operating at this time, and the Pro Shop has very limited hours.

 

      Finance Director, Diane Lembesis stated that Starbird may have misstated their revenue and cash position which caused confusion as to what GolfVisions was actually inheriting.  The audit will determine what Starbird’s final figures are upon completion. 

 

      Trustee Morris asked the Finance Director if she would be doing a periodic review of GolfVisions financials.  The Finance Director will review periodically.

 

      Trustee Garner asked if we were comfortable with the level of progress GolfVisions has made thus far compared to Starbird Links.  Mr. Muetz stated with the general maintenance of items such as painting, clearing, equipment cleaning, etc., GolfVisions is actively carrying out the contract; however they need to prioritize critical items.

 

      Trustee Garner asked if the additional $40,000 would be sufficient for their operation through April.  Mr. Muetz stated they would probably like more but it has been emphasized to them the additional $40,000 is all there is.

 

      Attorney Winter stated the hope is that GolfVisions, Inc. will be able to cross market this course with their other courses and increase their revenue. 

 

It was moved by Trustee Schwarz, seconded by Trustee Park to approve Ord. 2012-05 Ord. 2012-05 authorizing the execution of Amendment No. 1 to the bittersweet Golf course Management Agreement with GolfVisions Management, Inc.

Roll call,

AYE:                5- Schwarz, Ross, Park, Garner, Balmes

NAY:                0- None

ABSENT:          0- None

ABSTAIN:         1-Morris

Motion Carried.

 

3.  Approval of Ord. 2013 - 06 approving a resolution regarding zoning restrictions applicable to cannabis dispensaries and related facilities.

 

      Mr. Muetz said House Bill 0030, which is now HB 001, creates the Compassionate Use of Medical Cannabis Pilot Program Act. The act would make the possession of up to 6 cannabis plants and 2 ounces of dried usable cannabis legal for patients suffering from a debilitating medical condition, as diagnosed by a doctor.  The legislation also preempts municipal authority to wholly prohibit medical marijuana disbursement facilities within municipal borders. It does, however, allow municipalities to regulate the location of such facilities from a zoning standpoint. 

 

      He said while the future of the legislation is unknown, communities such as Grayslake, Lake Forest and Barrington have proactively adopted resolutions which direct their respective Plan Commissions to evaluate the classification of medical marijuana distribution facilities and make recommendations as to whether such facilities should be considered special uses.  As such, it would be appropriate for the Village to remand the issue to the Planning & Zoning Board (PZB) for further review and recommendation. 

 

      Mayor Kovarik said the Village is being proactive.

 

      Trustee Morris said possession of cannabis is still a Federal crime.

 

      Mr. Winter explained that if something is passed in Springfield this Ordinance will proactively protect the Village in terms of zoning codes.

 

      Trustee Morris asked if this has come before the County Board.

 

      County Board Member Steve Carlson said this has not come in front of the County Board.

 

It was moved by Trustee Schwarz, seconded by Trustee Morris to approve of Ord. 2013 - 06 approving a resolution regarding zoning restrictions applicable to cannabis dispensaries and related facilities.

 

Roll call,

AYE:                6- Schwarz, Ross, Park, Garner, Balmes, Morris

NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

H.  PUBLIC COMMENT

None.

 

 

Closing Comments

None.

 

 

 

Adjournment

It was moved by Trustee Balmes, seconded by Trustee Park to adjourn the meeting.

 

Voice Vote:      ALL AYE:         Motion Carried.

 

Mayor Kovarik adjourned the meeting at 8:18 p.m.

 

 

Andrew Harris,
Village Clerk