Minutes of the Regular Meeting of the Gurnee Village Board - September 9, 2013

 

 

MINUTES OF THE REGULAR MEETING

OF THE GURNEE VILLAGE BOARD

GURNEE VILLAGE HALL

September 9, 2013

 

Call to Order

Mayor Kovarik called the meeting to order at 7:31 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; Christine Palmieri, Director of Human Resources; Chris Velkover, Information Systems Director; Tom Rigwood, Director of Public Works; Larry Dunn, Fleet Manager; Fred Friedl, Fire Chief; John Kavanagh, Deputy Fire Chief; Kevin Woodside, Police Chief; Tracy Velkover, Planning Manager

 

Roll Call

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

ABSENT:   0- None

Pledge of Allegiance

Mayor Kovarik led the Pledge of Allegiance.

 

 

 

A.  PUBLIC COMMENT

Mayor Kovarik

 

 

Mayor Kovarik thanked Chief Friedl for a very nice 911 Remembrance Ceremony.

 

B.  APPROVAL OF CONSENT AGENDA

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

 

Roll call,

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

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 the minutes from the August 19, 2013 Village Board meeting.

 

2.  Approval of awarding the 2013 Multifunction Printer Lease & Maintenance Contract to the low bidder, Impact Networking, at a cost of approximately $25,977.12 per year.

 

3.  Approval of Ord. 2013 -41 approving the terms of a contract between the Village of Gurnee and Tyco Integrated Security, LLC.

 

4.   Approval of Res. 2013 - 09 establishing certain property of the Village of Gurnee to be surplus (Police Units #146, 148, 149, 155, 162, 171 and 177.  Public Works Units #201, 202, 211, 267, 276, 280 and 292.).

 

5.  Approval of Res. 2013 – 10 authorizing execution of Change

      Orders authorizing additional funding in amounts not to exceed

      $10,576.00 and $31,380.00 to repair Village Well #2. 

 

6.  Approval of Payroll for period ending August 24, 2013 in the amount of $738,173.53.

 

7.  Approval of Payroll Transfer Journal for period ending August 24, 2013, in the amount of $733,601.33.

 

8.  Approval of Bills for the period ending September 9, 2013 in the amount of $627,613.91. 

 

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

 

Roll call,

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

NAY:                0- None

ABSENT:        0- None

Motion Carried.

 

 

D.  PETITIONS AND COMMUNICATIONS

 

1.         Approval of a Proclamation designating September 15th thru

      September 21st as Child Passenger Safety Week in the Village of Gurnee.

 

      Mayor Kovarik read proclamation into record.

 

It was moved by Trustee Garner, seconded by Trustee Ross to approve of a Proclamation designating September 15th thru September 21st as Child Passenger Safety Week in the Village of Gurnee.

 

Voice Vote:      ALL AYE:         Motion Carried

 

2.         Approval of a Proclamation designating September 15th thru October 15th as Hispanic Heritage Month in the Village of Gurnee.

 

      Mayor Kovarik read proclamation into record.

 

It was moved by Trustee Garner, seconded by Trustee Ross to approve of a Proclamation designating September 15th thru October 15th as Hispanic Heritage Month in the Village of Gurnee.

 

Voice Vote:      ALL AYE:         Motion Carried

 

3.  Approval of Police Chief Woodside’s recommendation to set Trick-or-Treat hours for Halloween 2013 on Sunday, October 27th from

      2:00 P.M. to 5:00 P.M.

 

      Trustee Balmes said she appreciates Chief Woodside’s recommendation but would like the Village to have Trick-or-Treating held at night on Halloween.

 

It was moved by Trustee Hood, seconded by Trustee Wilson to approve of Police Chief Woodside’s recommendation to set Trick-or-Treat hours for Halloween 2013 on Sunday, October 27th from 2:00 P.M. to 5:00 P.M.

 

Voice Vote,

AYE:                5- Hood, Wilson, Ross, Park, Garner

NAY:                1- Balmes      

ABSENT:          0- None

Motion Carried.

 

4.  Introduction and recognition of 2013 Gurnee Queens:

  • Miss Gurnee Jessica Schwartz
  • Junior Miss Gurnee Sarah Erickson
  • Little Miss Gurnee Emily Hetman

 

Mayor Kovarik introduced each Queen and presented each with a keepsake photo album.

 

E.  REPORTS

 

1.  Report from Attorney Winter on proposed amendments to Municipal

     Code:

 

     Chapter 22, Article 5, Sections 22-1 through 22-9 regarding Transient Lodging

 

     Attorney Winter stated staff has request amendments to two separate sections of the Municipal Code.  Tonight, he will introduce these items. 

 

     Attorney Winter first reviewed amendments to hotel regulations.  He reviewed a brief PowerPoint presentation with the Board that including the following information:

 

      Background information:

 

      Currently all Hotels/Motels must:

  • File Monthly Hotel/Motel Use Tax Returns to the Village

Chapter 74-151 et. seq.

  • Maintain accurate and complete records to record room rentals           

Proposed Amendments will provide:

Additional definitions of terms used with the code related to the maintenance of Hotel/Motel registries

  • for the presentment of a valid State or Federally issued photo identification from guest
  • a more comprehensive definition of the “30 day length of stay” permitted under the Code.
  • for civil penalties for both the hotels, and under certain circumstances, for the guest for violation of regulations.

 

Trustee Park requested clarification on who the 30 day provision would apply to.  Attorney Winter stated this would not apply to extended stay establishments.  He also covered two additional provisions that would allow for longer than 30 day stays.

 

      Trustee Park asked if the number of guests in a room is addressed in this amendment.  Attorney Winter said that is addressed under property maintenance provisions.

 

      Trustee Wilson asked if these measures were more reactionary.  Attorney Winter stated the Village has conducted audits in the past, which have identified some need for modifications in regulations.

 

      Trustee Balmes asked how this would impact seasonal help who may stay in the Village.  Attorney Winter stated that would be covered under an exception.

 

      Trustee Garner asked about enforcement and monitoring of the proposed changes.  Attorney Winter stated the new requirements will help when it transitions to enforcement.  He also stated public safety personnel visit these establishments, which will assist with monitoring if issues are brought forward.  He stated if a hotel falsified a guest’s name, they can be fined under the proposed amendments.

 

      Trustee Wilson thanked Attorney Winter and staff for the work they have put into these amendments.

 

      Next Attorney Winter discussed:

 

      Chapter 2, Article 3, Division 10 regarding Administrative Hearing Procedures. 

 

      He reviewed the following PowerPoint presentation.

 

      Background information

  • Village established the Administrative Hearing Division in 2007.
  • Only 3 petitions for Administrative Review have been filed since the creation of the Division; No decision has been overturned.

 

      Proposed Amendments will:

  • Expand the scope of cases that can be brought in the Administrative Hearing Division, to include:
    • Zoning,
    • Building,
    • Fire and Safety Code violations
  • Expand the type of offenses and charges that the Police Department can initiate by utilizing  the Administrative Hearing Ordinance
  • Establish minimum/settlement fines to reduce the necessity of court appearances
  • Administrative Hearing Dates assigned only for:
    • Contested matters; or
    • Where nature of violation requires abatement or additional follow-upTrustee Balmes asked where the hearings take place.  Attorney Winter stated the Police Department.

 

There were no additional questions.

 

F. OLD BUSINESS

 

None.

 

G.  NEW BUSINESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Richard McFarlane
5023 Darlene
Gurnee, IL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Margaret Krafft
899 Fuller Road
Gurnee, IL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Keith Lee
330 W. Colfax Street
Palatine, IL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.  Approval of Ord. 2013 - 42 granting a variation from the zoning regulations pursuant to the Conditional Use Permit granted under Ordinance No. 80-25 for Six Flags Great America.

 

      Mr. Muetz said Six Flags is requesting a variance to allow the establishment and operation of a new rollercoaster with a maximum height of 165 feet.  The roller coaster is proposed in the County Fair area of the theme park where the Iron Wolf coaster was previously located, which is near the southeastern portion of the property near the employee parking.  The request appeared before the Planning and Zoning Board (PZB) on August 22ndand received a unanimous favorable recommendation. He stated there was some public comment at this meeting that resolved around noise, mainly from the IgNight show.  This is a separate issue that Park management is aware of.  He then allowed Hank Salemi, General Manager Six Flags Great America, to address the Board.

 

      Mr. Salemi said the Park is very excited about this new addition.  He stated it sets three world records, including the tallest, fastest, and steepest wooden roller coaster in the world. 

 

      Trustee Hood stated he appreciates the Park and its contributions to the Village, however, he has heard from residents about the noise this season and that is a concern for him.  He stated he believes a heightened response to noise needs to take place.

 

      Mr. Salemi stated he is aware of noise issues regarding the IgNight show and fireworks.  He stated he understands the concerns and they want to be a good neighbor to the community and surrounding residents.  He said they are working on the 2014 budget and the concerns will be addressed.  He continued to say the IgNight show may not place next year.  In addition, the Park is open to suggestions on alternate locations to shoot fireworks from.

 

      Trustee Park asked how high Iron Wolf was.  Mr. Salemi stated 190’. 

 

      Trustee Park then stated noise can also be addressed via physical improvements on the property boundaries, as well as operation modifications.  Mr. Salemi said in 2001 the Park made modifications to the berms and is open to looking at additional opportunities for physical improvements.

 

      Mayor Kovarik then opened the floor for public comment.

 

Mr. McFarlane stated he is a member of the Planning and Zoning Board.  He asked the Board to place a condition on the rollercoaster approval.  He stated he has had discussion from the Park, but would like to see if physical improvements, in the form of a hedge row on top of the berm, be tied to the approval.  He stated the neighborhood has not asked the Park for any improvements in the past 11 years.  He stated they are requesting a hedge of trees, approximately 30 to 40, that is estimated to cost $10,000.

 

Attorney Winter stated he discussed noise issues with Park representatives after the Planning and Zoning Board meeting.  He stated it is important to identify sources of the noise.  He continued to state mixing conditions with the variance consideration is not a good practice.  He stated the variance is very narrow, considering just the height of the proposed coaster.

 

Trustee Park stated he would request staff use current resources to gather baseline information as a reference point.  He continued to state there is no direct linkage between the new coaster and the noise issues.  He said the linkage is a key piece as it relates to being in the legal rights of the variance process. 

 

Mayor Kovarik stated she would like the Village Arborist review the berm and make a recommendation on whether trees would be possible on top of it.

 

Mr. Salemi stated the Park has worked to make improvements that the Village has requested that do cost money.  He stated the Park has done a lot and will continue to make improvements.

 

Ms. Krafft stated wooden coasters are very loud.  She is concerned about the noise the proposed coaster will create.  She wanted to know what can be done once the coaster is built.

 

Mr. Salemi stated this coaster will use polyurethane wheels which are much than steel wheels.  He stated there will be noise from the coaster, but stated there is a lot of new technology in this coaster that will make it quieter than a traditional wooden coaster.

 

It was moved by Trustee Ross, seconded by Trustee Balmes to approve of Ord. 2013 - 42 granting a variation from the zoning regulations pursuant to the Conditional Use Permit granted under Ordinance No. 80-25 for Six Flags Great America.

 

Roll call,

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

NAY:                 0- None

ABSENT:          0- None

Motion Carried.

 

2.  Approval of Ord. 2013 - 43 amending Chapter 46 of the Gurnee Municipal Code to include a specific provision to prohibit fighting.

 

      Mr. Muetz said when there is a fight in the Village, currently the Police Department must try to cite participants for a criminal offense and send it to Circuit Court.  In order to successfully prosecute a criminal offense, elements of the crime(s) that must be present to support the charge. In many instances, and for a variety of reasons, these elements are not met, therefore limiting the Department’s ability to hold individuals accountable. This ordinance allows the Police Department to hold accountable those who participate in fights by ticketing them under a local ordinance. Currently the Department does not have this ability.

 

      Trustee Garner what currently happens if two people are fighting. Attorney Winter said the Police Department currently would issue battery charges or disorderly conduct.  This may not be appropriate in minor instances.

 

      Chief Woodside said either battery charges or disorderly conduct require a 3rd party to be alarmed and disturbed.  In many instances, this 3rd party criteria is not met.  This ordinance is a new way to approach fights and relieves some of the requirements that are necessary to take it to court or the administrative adjudication process. 

 

It was moved by Trustee Balmes, seconded by Trustee Park to approve of Ord. 2013 – 43 amending Chapter 46 of the Gurnee Municipal Code to include a specific provision to prohibit fighting.

 

Roll call,

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

ABSENT:          0- None

Motion Carried.

 

3.  Approval of Ord. 2013 - 44 authorizing the execution of an agreement with LEDCo America to purchase LED street light fixtures.

 

      Mr. Muetz said the Public Works Department is requesting to partner with LEDCo America to apply for a Department of Commerce and Economic Opportunity Grant for the purchase of LED street lighting.  The grant application will be completed and submitted by LEDCo on behalf of the Village.  The grant is for replacement of 434 HPS lights.  The total cost of replacing these 434 lights with LEDs is approximately $225,000.  If awarded, the Village is responsible for 22%, or approximately $49,000, with the remaining $175,000 being funded by the grant.  The grant funds would pay for material and equipment.  Installation would be performed by Public Works employees and, per grant requirements, must be completed by February 14, 2014.  Public Works believes this deadline is achievable.  As this was not a budgeted expense, the Department is proposing to split this cost over two fiscal years.  Attorney Winter has prepared an agreement to protect the Village.  If the grant is not awarded, there is no expense or obligations on the Village’s part.  This process is similar to the Fire Department interior lighting project that took place last year.  LEDCo has reviewed and is agreeable to the terms.

 

      Trustee Park asked what the Village’s financial responsibility would be if the grant was not awarded.

 

      Mike Del Favero from LEDCo America said the maximum amount of money the Village would be responsible for is $49,000.  If the project is completed sooner, there are additional bonuses that can be received.  If the grant is not pre-approved, there will be no cost to the Village. 

 

      Trustee Balmes asked if these are new street lights.  Mr. Rigwood these will replace the current street lights.

 

      Trustee Balmes asked if these can all be replaced by the February deadline.  Mr. Rigwood said yes.

 

It was moved by Trustee Balmes, seconded by Trustee Park to approve of Ord. 2013 - 44 authorizing the execution of an agreement with LEDCo America to purchase LED street light fixtures.

 

Roll call,

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

ABSENT:          0- None

Motion Carried.

 

4.  Approval of Res. 2013 - 11 authorizing the institution of legal action to demolish dangerous and unsafe residential structures located at 2007 Belle Plaine Avenue and 4350 Elm Road within the Village of Gurnee.

 

      Attorney Winter stated the Resolution formally advises the Board of these properties and that demolition is an appropriate action.  Due to the size of the issue, it has been brought before the Village Board.  He stated the Village continues to work with the property owners, however, if a reasonable progress cannot be sustained, this Resolution allows the Village to intervene and take legal action.  He stated this is a formal step in the process and advises the property owners of the Village’s position.  He stated the next step is providing the statutory notices required.  He continued to say if the Village had to conduct the demolition, prevailing wages would need to be paid which would increase the cost.  The Village would be responsible for the cost and then lien the property.

 

      Mr. Lee requested his property on Elm Road be removed from the Resolution.  He stated he has applied for a demolition permit.  He said he was not aware a timetable was needed.  He continued to say tree removal must take place before the demo can begin.  He stated material has been removed from the property and some of the trees have been cleared.  He said the property is secured and driveway access has been restricted.  He continued to say he has plans to construct a new home on the property and they will be resubmitting plans to the Village shortly, with new construction to begin before the end of the year.

 

      Mayor Kovarik stated this has been an eyesore for far too long.  She recommended the property remain in the Resolution, with no legal action taken unless progress ceases. 

 

      Mr. Lee requested the vote for his property be deferred to the next Board meeting.  He stated he is concerned with what is determined to be sufficient progress.

 

      Attorney Winter stated this Resolution will work concurrent with the property owner’s progress.

 

      Mr. Lee stated he was surprised to learn the Village was very concerned with the condition of the structure.

 

      Mr. Ziegler gave a history of the issues on the property.  He stated the roof collapsed in February 2013, around the same time building plans were submitted to the Village.  The plans were sent back within 2 weeks with a request for a redraw due to nonconforming items that must be removed.  The plans were resubmitted 3 – 4 months later with the nonconforming items not addressed.  They were sent back to the property owner 3 days later, who resubmitted again 3 months later at which time a meeting between the Village and property owner took place.  Mr. Ziegler continued to say in his opinion the remaining structure will not withstand another winter and it needs to come down. 

 

      Attorney Winter provided the timeframe going forward as it relates to the legal process.  He continued to say if the property owner demolishes the structure, there is no need for legal action.

 

It was moved by Trustee Park, seconded by Trustee Balmes to approve of Res. 2013 - 11 authorizing the institution of legal action to demolish dangerous and unsafe residential structures located at 2007 Belle Plaine Avenue and 4350 Elm Road within the Village of Gurnee.

 

Roll call,

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

NAY:                0- None

ABSENT:        0- None

Motion Carried.

 

5.   Approval of request from Police Department to purchase 2013 Chevrolet Pick-Up Truck from the low bidder, Ray Chevrolet, at a cost of $22,948.00 (Community Service Officer Unit #171 replacement).

 

      Mr. Muetz said, included in the FY 13/14 Approved Budget is $37,000 for replacement of Police Unit #171.  Bids were opened on August 27th, with Ray Chevrolet being the low bidder.  As a result, the Department is recommending the Village move forward with the purchase of a 2013 Chevrolet Pick-Up Truck from Ray Chevrolet at a cost of $22,948.00.

 

It was moved by Trustee Park, seconded by Trustee Balmes to approve of request from Police Department to purchase 2013 Chevrolet Pick-Up Truck from the low bidder, Ray Chevrolet, at a cost of $22,948.00 (Community Service Officer Unit #171 replacement).

 

Roll call,

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

ABSENT:          0- None

Motion Carried.

 

H.  PUBLIC COMMENT

 Trustee Garner

 

 

 

 

 
Trustee Garner said recently he used the Lake County Visitors Bureau to help plan his family reunion.  He said it was a fabulous experience and he was very impressed.  He said it was the best family reunion is 20 years and highly recommends everyone take advantage of this service.

I. EXECUTIVE SESSION

 

 

 

Mayor Kovarik requested the Board postpone tonight’s Executive Session due to a family emergency. 

The Board concurred. 

 

Closing Comments

 

None.

 

Adjournment

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

 

Voice Vote:      ALL AYE:         Motion Carried.

 

Mayor Kovarik adjourned the meeting at 9:11 p.m.

 

 

Andrew Harris,

Village Clerk