Minutes of the Regular Meeting of the Gurnee Village Board - May 20, 2013

 

MINUTES OF THE REGULAR MEETING

OF THE GURNEE VILLAGE BOARD

 

GURNEE VILLAGE HALL

MAY 20, 2013

 

Call to Order

Mayor Kovarik called the meeting to order at 7:32 p.m.

 

Other Officials in Attendance

Patrick Muetz, Village Administrator; David Ziegler, Assistant Village Administrator/Community Development Director; Bryan Winter, Village Attorney; Scott Drabicki, Village Engineer; Erik Jensen, Management Analyst; Diane Lembesis, Finance Director; Tom Rigwood, Director of Public Works; Fred Friedl, Fire Chief; Kevin Woodside, Police Chief; James Caldwell, Deputy Police Chief; Jay Patrick, Adm. Commander; Tracy Velkover, Planning Manager

 

Roll Call

PRESENT:       6- Park, Garner, Balmes, Hood, Wilson, Ross     

ABSENT:         0- None

 

Pledge of Allegiance

Mayor Kovarik led the Pledge of Allegiance.

 

 

 

A.  PUBLIC COMMENT

 

 

 

Trustee Wilson

Trustee Wilson wanted to recognize the efforts of Gurnee Firemedics Bob Davidson and Scott Rans during a recent softball game he was present at.  He stated a gentleman collapsed and the quick actions of Firemedic Davidson and Rans saved the man's life. 

 

 

B.  APPROVAL OF CONSENT AGENDA

It was moved by Trustee Balmes, seconded by Trustee Park to approve the Consent Agenda as presented with item number 3 removed for further discussion.

 

Roll call,

AYE:                6- Park, Garner, Balmes, Hood, Wilson, Ross      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 May 6, 2013 Village Board Meeting.

 

2.  Approval of Ord. 2013 - 20 approving the appointment of director and alternate director as representatives to the Central Lake County Joint Action Water Agency.

 

REMOVED  3.  Approval of Ord. 2013 - accepting the Final Plat of Dilley’s & Grand Planned Unit Subdivision.

 

4.  Approval of Res. 2013 - 07 approving a contract with Constellation NewEnergy for the provision of electricity for street lights.

 

5.  Approval of a fireworks permit for Six Flags Great America:

 

  1. June 14 – August 11, 2013, igNight Fireworks Permit
  2.  June 22 – 23, 2013, Mardi Gras Fireworks Permit
  3.  July 4, 2013, July Fourth Fireworks Permit

 

6.  Approval of setting bid date of June 11, 2013 for Public Works Unit #267 central hydraulic system, dump body, snow plow, and spreader.

 

7.  Approval of setting a bid date of June 20, 2013 for 2013 Detention Basin Improvement Project.

 

8.  Approval of Payroll for period ending May 4, 2013 in the amount of $722,371.75.

 

 

9.  Approval of Payroll Transfer Journal for period ending May 4, 2013, in the amount of $717,656.82.

 

10. Approval of Bills for the period ending May 20, 2013 in the amount of $2,423,803.34.

 

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

 

Roll call,

AYE:                6- Park, Garner, Balmes, Hood, Wilson, Ross      NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

 

Mayor Kovarik asked Fire Marshall Tom Keefe to briefly address concerns about the Six Flags igNight Firework Permit.

 

Fire Marshall Keefe said the types of fireworks being used are small and meant for indoor use.  He said they make very little noise and have no fall out.  He said he doesn’t believe local residents will notice anything different.

 

Item number 3 discussion:

 

3.  Approval of Ord. 2013 - 21 accepting the Final Plat of Dilley’s & Grand Planned Unit Subdivision.

 

      Mr. Muetz said this Planned Unit Development was approved in 2002; however, the owner did not pursue the subdivision at that time.  The owner would now like to complete the subdivision process.  The subdivision will create 3 separate lots, with the former Krispy Kreme and Chuck E. Cheese remaining a single lot.  All of the required public improvements have already been met.  In addition, the subdivision will not create any new development potential or impact Village services.  The Planning & Zoning Board considered the subdivision on May 1, 2013, and is forwarding a favorable recommendation.

 

It was moved by Trustee Balmes, seconded by Trustee Wilson to approve of Ord. 2013 - 21 accepting the Final Plat of Dilley’s & Grand Planned Unit Subdivision.

 

Roll call,

AYE:                5- Park, Garner, Balmes, Wilson, Ross                  NAY:                0- None

ABSENT:          0- None

ABSTAIN:         1- Hood

Motion Carried.

 

D.  PETITIONS AND COMMUNICATIONS

 

 1.        Approval of Proclamation designating May 19 – 25, 2013, as “National Emergency Medical Services Week” in the Village of Gurnee.

 

      Mayor Kovarik read proclamation into record.

 

It was moved by Trustee Wilson, seconded by Trustee Garner to approve of a Proclamation designating May 19 – 25, 201,3 as “National Emergency Medical Services Week” in the Village of Gurnee.

 

Voice Vote:      ALL AYE:         Motion Carried

 

2.  Presentation of Police Awards for the calendar year 2012:

 

      Chief Woodside, Deputy Chief Caldwell and Deputy Chief Kincaid presented the following awards:

 

 a.              DUI arrests:

    

  •        Ofc J.R. Nauseda              22 arrests             4-time recipient 

 

 b.  IDOT DUI arrests since January 1, 2001:

 

  • Ofc. Brian Funke                       25 DUI pin
  • Ofc. David Bertaud                   50 DUI pin
  • Sgt. Daniel Pacheco                  50 DUI pin

 

c. Traffic citations for passenger restraint enforcement and speed                    enforcement:

 

  • Ofc William Stashkiw                 6-time recipient
  • Ofc Mark Gliva                          5-time recipient
  • Ofc Dana Dingman                    4-time recipient
  • Ofc James Lazaro                     4-time recipient
  • Ofc James Caldwell III               3-time recipient
  • Ofc J.R. Nauseda                      3-time recipient
  • Ofc David Bertaud                    2-time recipient
  • Ofc Richard Vorpagel III          1st Award

 

3.  Presentation from Emily Bear on Warren Township High School Job Shadowing Program.

 

     Ms. Bear briefly explained the program to the Board.  She wants the community to know about the program and asked the Village to spread the word.

 

     Mayor Kovarik said this is good information and she has several ideas.

 

     Trustee Park suggested they contact Habitat of Humanity.

 

E.  REPORTS

 

None.

 

F. OLD BUSINESS

 

None.

 

G.  NEW BUSINESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.  Approval of Ord. 2013 - 22 establishing the Annual Appropriation Ordinance for Fiscal Year 2013-2014.

 

      Public Hearing item.

 

It was moved by Trustee Ross, seconded by Trustee Park to approve of Ord. 2013 - 22 establishing the Annual Appropriation Ordinance for Fiscal Year 2013-2014.

 

Roll call,

AYE:                6- Park, Garner, Balmes, Hood, Wilson, Ross      NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

2.  Approval of Ord. 2013 - 23 authorizing an intergovernmental agreement by and between the Illinois Office of the Comptroller and the Village of Gurnee regarding access to the Comptroller’s Local Debt Recovery Program.

 

      Mr. Muetz said this program was signed into law in December of 2011.  The Program allows the Illinois Comptroller’s Office to enter into an intergovernmental agreement with local governments, school districts and public universities to collect debt such as parking tickets, fines, fees, and other types of outstanding obligations. Prior to the Comptroller issuing a state tax refund, vendor, retirement or payroll check, the amount owed to the local government plus an administrative fee will be deducted and deposited in a Trust Fund. The debtor will be provided with a written notice of the action and has 60 days to protest the deduction with the Office of the Comptroller. If no protest is made at the end of the 60 day period, the amount owed will be transferred to the local unit of government.  He stated Lake County communities that participate include Libertyville and Grayslake.  He continued to say the Village has been watching the program since it was implemented; however, submitting information to the State early on was more difficult.  This process has now been adjusted to make it easier for the municipality to submit information.  The Village currently has about $1.5 million in outstanding red light camera tickets, with nearly 77% of these tickets belonging to Illinois residents.  While our vendor does send the tickets to collections, staff believes the Comptroller’s program will be a much more effective approach to collecting these outstanding debts.  With no out of pocket cost to the Village.

 

      Mayor Kovarik asked if these would fall under the Fair Credit Act.

 

      Mr. Winter said there would be no additional notification other than what the State provides.

 

      Ms. Lembesis said once the request goes to the State the collection agency stops pursuing the debt.

 

      Trustee Garner asked what is the speed of return.

 

      Ms. Lembesis said she didn’t know since the Village is not entering the program at the most ideal time.

 

      Mr. Muetz said there will be training involved

 

      Ms. Lembesis said we need an Ordinance before the State will do anything.

 

      Mr. Muetz explained that when the program first started, the State would review a list of outstanding debts and let the community know how many of those individuals are in their database, therefore giving the community an idea of how many they would be able to collect on.  That has since changed and the State does not do this anymore prior to joining.

 

      Trustee Balmes asked if we will still go through a collection agency.

 

      Ms. Lembesis said only when everything else fails.

 

      Trustee Balmes asked what we pay the collection agency.

 

      Ms. Lembesis said it is built into the base fee.

 

      Trustee Wilson stated a number of communities have been participating I the program with good results.  He then asked if other communities are doing this and if there will be contractual issues with RedFlex with us going to the State.

 

      Ms. Lembesis said that is a good question that we will check on.

 

It was moved by Trustee Balmes, seconded by Trustee Park to approve of Ord. 2013 - 23 authorizing an intergovernmental agreement by and between the Illinois Office of the Comptroller and the Village of Gurnee regarding access to the Comptroller’s Local Debt Recovery Program.

 

Roll call,

AYE:                6- Park, Garner, Balmes, Hood, Wilson, Ross      NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

3.  Approval of Ord. 2013 - 24 approving the terms of an Intergovernmental Agreement for Gurnee Grade School #56 School Resource Officer.

 

      Mr. Muetz said the FY 13/14 Approved Budget included the addition of two additional school resource officers.  Under the terms of the agreement, District #56 is responsible for 50% of the cost, this includes salary and benefits, health insurance, transportation costs when necessary, pension contributions and social security.  The District 56 Board approved this three year agreement at its May 1st meeting.  The contract language is consistent with past contracts the Village has approved for these positions. 

 

It was moved by Trustee Balmes, seconded by Trustee Garner to approve of Ord. 2013 - 24 approving the terms of an Intergovernmental Agreement for Gurnee Grade School #56 School Resource Officer.

 

Roll call,

AYE:                6- Park, Garner, Balmes, Hood, Wilson, Ross      NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

4.  Approval of Ord. 2013 - 25 approving the terms of an Intergovernmental Agreement for Warren Township High School District #121 School Resource Officer.

 

      Mayor Kovarik said this is the same agreement as the one just approved, but with the High School.

 

It was moved by Trustee Park, seconded by Trustee Balmes to approve of Ord. 2013 - 25 approving the terms of an Intergovernmental Agreement for Warren Township High School District #121 School Resource Officer.

 

Roll call,

AYE:                6- Park, Garner, Balmes, Hood, Wilson, Ross      NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

5.         Approval of Ord. 2013 - 26 granting a minor amendment to the Planned Unit Development (approved as Ordinance 1992-127), on the petition of Wendy’s, for property located at the southwest corner of Grand Avenue and Hunt Club Road (Grand-Hunt Center).

 

      Mr. Muetz said Wendy’s on Grand Avenue is undergoing a remodeling and expansion and is subject to the Grand–Hunt Planned Unit Development which regulates signage based on acreage.  As Wendy’s is on .967-acrce, therefore they are allowed two 40-square foot signs.  If the Wendy’s property were greater than 1 acre, it would be allowed two 60 square-foot signs.  As a part of the remodel, new wall signs are being requested.  Wendy’s has requested three 32-sqaure foot signs for a total of 96 square feet of sign area spread across 3 signs.  Since it is under the 1 acre threshold, it needs a Minor Amendment.  In the past, the Village has granted the ability to increase to the next level of allowable signage when the subject property is close to the acreage threshold. 

 

      Trustee Garner asked how big the signs will be.  He stated the Menards sign is too big and the packet didn’t have any pictures of the proposed signage.

 

      Mr. Muetz said they are requesting three wall signs that are 32 square feet each.

 

      Ms. Velkover said the signs will be approximately 3 feet by 10 feet in size.  She said they will be much like their current signs they are just requesting a third sign.

 

      Mr. Muetz stated going forward staff would work to have renderings in the packet to give the Board a frame of reference for the size of the signs.

 

It was moved by Trustee Balmes, seconded by Trustee Garner to approve of Ord. 2013 - 26 granting a minor amendment to the Planned Unit Development (approved as Ordinance 1992-127), on the petition of Wendy’s, for property located at the southwest corner of Grand Avenue and Hunt Club Road (Grand-Hunt Center).

 

Roll call,

AYE:                6- Park, Garner, Balmes, Hood, Wilson, Ross      NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

6.  Approval of Ord. 2013 - 27 amending Gurnee Municipal Code, Chapter 22, Article IV “Bathing and Massage Establishments.”

 

      Mr. Muetz said based on changes at the State level, the Village must update its regulations related to Bathing and Massage Establishments to reflect that municipalities can no longer license the individuals conducting massages.  While municipalities can no longer license the individual, they still have the power to license the establishment.  While making this change, staff is also proposing to clean up a few other sections.  These changes involve including nursing homes and assisted living facilities as uses that may provide massage, but are not massage establishments, updating the penalty section to reference Section 1-11 of the Municipal Code, deleting language regarding who a license will not be issued to, and giving the Community Development Director the power to revoke a license.  These modifications will align the Code with State provisions, while modernizing a few sections that the same time. 

 

      Trustee Wilson asked how the individual licensing requirements will work since the Village is deleting that language.

 

      Mr. Winter said the State provisions would address that, however, they are enforced at the local level.

 

      Trustee Wilson asked if we should consider adding tattoo and tobacco sales to the separation requirement sections.

 

      Mr. Winter said that would fall under zoning. He said staff would like to follow form with similar separation requirements but can look at that during the Zoning Ordinance update process.

 

      Trustee Park requested elaboration of limitation that excludes anyone that was convicted of a felony.

 

      Mr. Winter said we are following established restrictions that exist in other sections of the Municipal Code.

 

      Trustee Park asked of a definition of body modification and asked if that would include plastic surgery considered body modification.

 

      Mr. Winter said the language seems to be language commonly used.

 

      Ms. Velkover said this is language the consultant recommended for the new Zoning Ordinance.

 

      Trustee Wilson asked if we should separation of bathing and massage establishments.

 

      Ms. Velkover said they are defined together.

 

      Trustee Wilson asked for further clarification on a bathing establishment.

 

      Ms. Velkover provided further clarification.

 

      Trustee Wilson stated it may be appropriate to address secondary entrances into such establishments. 

 

      Mr. Winter said that is a good idea and something we can look into but at this stage both Ordinances follow form for what is already written.

 

It was moved by Trustee Balmes, seconded by Trustee Ross to approve of Ord. 2013 - 27 amending Gurnee Municipal Code, Chapter 22, Article IV “Bathing and Massage Establishments.”

 

Roll call,

AYE:                5- Park, Garner, Balmes, Wilson, Ross                 NAY:                0- None

ABSENT:          0- None

ABSTAIN:         1- Hood

Motion Carried.

 

7.  Approval of Ord. 2013 - 28 amending Chapter 22 of the Gurnee Municipal Code to renumber the sections and subsections of Article V “Regulations Pertaining to the Immobilization of Motor Vehicles on Private Property” to Chapter 78 “Traffic and Vehicles” and add a new Article V to Chapter 22 entitled “Body Modification/Tattoo Establishments.”

 

      Mr. Muetz said first half of this Ordinance simply moves language related to vehicle immobilization to the proper section of the Municipal Code.  When it was drafted, it was mistakenly added to Chapter 22 when it should have been placed in Chapter 78.

 

      He said the second half of the Ordinance creates local licensing provisions for body modification/tattoo establishments.  As Ms. Velkover highlighted, these establishments were add to the C/B-2 Special Use List about 6 years ago.  At that time however, licensing provisions were not included.  With the update of the Bathing and Massage Establishment provisions, staff felt it was a good time to get tattoo establishment regulations included in the Code.  The requirements follow the same structure as bathing and massage establishments, with additional regulations that include:

 

  • all owners and persons working at a establishment be a minimum of 18 years of age;
  • that persons conducting body modifications/tattooing be licensed by the Illinois Department of Professional Regulation;
  • that any owner of a establishment be registered with the State under the Illinois Tattoo and Body Piercing Establishment Registration Act (410 ILCS 54/1);
  • that all establishments comply with all federal, state, and county licensing and practice standards and that if the standards conflicts with the Ordinance that the stricter provisions apply;
  • an establishment cannot be located within one-thousand (1,000) feet of a pre-existing body modification/tattoo establishment, pre-existing principal massage establishment, or pre-existing adult entertainment facility;
  • an establishment cannot be located within three hundred (300) feet of any existing establishment licensed to sell alcoholic beverages;
  • an establishment cannot open earlier than 8:00 a.m. nor close later than 10:00 p.m. on any day; and
  • a license will not be issued to any establishment where a person listed on the license application has been convicted of a felony.

 

      Mr. Muetz said regulations related to massage establishments have worked out well.  While drafting the additional regulations for tattoo establishments, the Planning Division worked to ensure its concerns are met, while at the same time not creating an overly burdensome process for potential applicants. 

 

It was moved by Trustee Balmes, seconded by Trustee Ross to approve of Ord. 2013 - 28 amending Chapter 22 of the Gurnee Municipal Code to renumber the sections and subsections of Article V “Regulations Pertaining to the Immobilization of Motor Vehicles on Private Property” to Chapter 78 “Traffic and Vehicles” and add a new Article V to Chapter 22 entitled “Body Modification/Tattoo Establishments.”

 

Roll call,

AYE:                5- Park, Garner, Balmes Wilson, Ross                  NAY:                0- None

ABSENT:          0- None

ABSTAIN:         1- Hood

Motion Carried.

 

H.  PUBLIC COMMENT

 

None.

 

I. EXECUTIVE SESSION

 

Adjournment to Executive Session

 

 

 

 

 

 

 

 

 

 Recall to Order

 

The Village Attorney stated that tonight’s Executive Session will reference:

5 ILCS 120/2 (c) (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.

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

 

Roll call,

AYE:                6- Park, Garner, Balmes, Hood, Wilson, Ross     

NAY:               0- None

ABSENT:        0- None

Motion Carried.

 

Mayor Kovarik adjourned the meeting into Executive Session at

8:32 p.m.

 

Mayor Kovarik recalled the meeting to order at 8:39 p.m.

PRESENT:      6- Park, Garner, Balmes, Hood, Wilson, Ross

ABSENT:       0- 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 8:40 p.m.

 

 

Andrew Harris,

Village Clerk