Minutes of the Regular Meeting of the Gurnee Village Board - December 17, 2012

 

MINUTES OF THE REGULAR MEETING

OF THE GURNEE VILLAGE BOARD

 

GURNEE VILLAGE HALL

December 17, 2012

 

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; Tracy Velkover, Planning Manager; Tom Rigwood, Director of Public Works; Fred Friedl, Fire Chief; Kevin Woodside, Chief Police

 

Roll Call

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

ABSENT:         0- None

 

Pledge of Allegiance

Mayor Kovarik led the Pledge of Allegiance.

 

 

Mayor Kovarik asked for a moment of silence in remembrance of those lost in the Newtown, Connecticut tragedy.

 

A.  PUBLIC COMMENT

 

None.

 

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- Balmes, Morris, Schwarz, Ross, Park, Garner 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 Executive (Closed) Session meetings on: May 7, 2012, June 4, 2012, July 16, 2012, and August 20, 2012.

 

2.  Approval for partial public release of minutes from Executive (Closed) Session meetings on: April 7, 1997, March 6, 2000, March 20, 2006, May 19, 2008, July 18, 2011, August 1, 2011, and March 19, 2012.

 

3.  Approval for public release of minutes from Executive (Closed) Session meetings on: November 16, 1992, February 2, 1998, June 11, 1999, June 12, 1999, October 4, 1999, November 22, 1999, January 10, 2000, February 7, 2000, May 8, 2000, May 15, 2000, June 5, 2000, June 4, 2001, May 13, 2002, June 3, 2002, June 17, 2002, June 24, 2002, January 23, 2006, August 20, 2007, February 2, 2009, September 14, 2009, May 7, 2012, June 4, 2012, and August 20, 2012.

 

4.  Approval of the minutes from the November 26, 2012 and December 3, 2012 Village Board meeting.

 

5.  Approval of Communications Operator Alicia Petro’s request to participate in the Village’s tuition assistance program in pursuit of her Master’s Degree in Emergency Management  from Jackson State University.

 

6.  Approval of Payroll for period ending December 1, 2012 in the amount of $1,005,631.46.

 

7.  Approval of Payroll Transfer Journal for period ending December 1, 2012, in the amount of $1,001,982.04.

 

8.  Approval of Bills for the period ending December 17, 2012 in the amount of $690,116.26.

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- Balmes, Morris, Schwarz, Ross, Park, Garner NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

 

D.  PETITIONS AND COMMUNICATIONS

 

1.  Approval of Proclamation designating January 2013 as Lake County Crime Stoppers Month in the Village of Gurnee.

 

      Mayor Kovarik read proclamation into record.

 

It was moved by Trustee Garner, seconded by Trustee Schwarz to approve of a Proclamation designating January 2013 as Lake County Crime Stoppers Month in the Village of Gurnee.

 

Voice Vote:     ALL AYE:        Motion Carried

 

E.  REPORTS

 

None.

 

F. OLD BUSINESS

 

None.

G.  NEW BUSINESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.  Approval of Ord. 2012 -91 accepting the Final Plat of Lindsay’s Resubdivision.

 

      Mr. Muetz explained that this ordinance is related to a change in property lines at 4233 and 4251. He stated that the property owners of 4233 Elm Road and 4251 Elm Road are requesting a resubdivision of their two existing single family lots.  The subject properties are zoned R-2, Single Family Residence District.  Currently, 4233 Elm is a L-shaped lot that wraps around the backside of 4251 Elm.  The property owners are requesting the resubdivision to change the property line thereby giving 4233 Elm more width to make it conforming to R-2 zoning requirements and making both lots rectangular in shape.  Mr. Muetz continued to say that in addition, relief related to required public improvements is being requested.  While either infrastructure improvements or a fee in lieu payment is required by the Subdivision Ordinance, given the layout of this neighborhood and the nature of this request, staff felt it was appropriate to grant this relief.  Mr. Muetz stated this section of Elm Road does not have sidewalks and uses open ditches for drainage.  As such, staff felt it does not make sense to require these public improvements for 2 lots when none of the surrounding lots have them in place.  It also appears inappropriate to require an estimated $12,000 fee in lieu of payment when the request is merely adjusting a property line. The Planning and Zoning Board unanimously recommend the resubdivision for approval.

 

      No Discussion.

 

It was moved by Trustee Park, seconded by Trustee Ross to approve of Ord. 2012 -91 accepting the Final Plat of Lindsay’s Resubdivision.

 

Roll call,

AYE:                6- Balmes, Morris, Schwarz, Ross, Park, Garner NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

2.  Approval of Ord. 2012-92 granting a parking modification pursuant to the Gurnee Zoning Ordinance at 900 Tri-State Parkway.

 

      Mr. Muetz explained that the petitioner was seeking a reduction in the number of required parking spaces at the subject property.  Mr. Muetz stated the petitioner for this request is Mr. Ken Sweet of Reliance Worldwide Investments, LLC.  The petitioner has an option to purchase the last remaining condo suite located at 900 Tri-State Parkway.  In order to occupy the suite, the petitioner is requesting relief from the required number of parking spaces required on-site.  He stated when initially built, it was anticipated to be half office/half warehouse.  It developed more office heavy however, thereby increasing the number of required parking stalls.

 

      Mr. Muetz continued to state when calculated based on gross floor area, a total of 82 spaces are required for the site.  If calculated based on net floor area, which is allowed under the Zoning Ordinance, 72 spaces are needed.  The site currently contains 65 spaces.  The petitioner has proposed an additional 9 land banked parking spaces to bring the total up to 74.  These 9 spaces could be constructed if the need arises, however, at this point the petitioner does not anticipate needing them based on his business requirements.  Mr. Muetz finished by stating the request was before the PZB on December 5th and received a unanimous favorable recommendation, with the condition that if the Village determines parking is an issue the 9 land banked spaces be constructed. 

 

      No Discussion.

 

It was moved by Trustee Balmes, seconded by Trustee Garner to approve of Ord. 2012-92 granting a parking modification pursuant to the Gurnee Zoning Ordinance at 900 Tri-State Parkway.

 

Roll call,

AYE:                6- Balmes, Morris, Schwarz, Ross, Park, Garner NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

3.  Approval of Ord. 2012 -93 amending provisions of the Gurnee Municipal Code Chapter 18, Building and Building Regulations and establishing Chapter 32, Comprehensive Fee Schedule.

 

      Mr. Muetz stated that that the third and fourth new businesses items were related and explained that staff had been seeking to create a comprehensive fee schedule within the Municipal Code for ease of use.  He explained that with the update in the zoning fees, staff had seen the opportunity to create this new fee schedule .  He concluded by saying that the fourth business item would place the new zoning fees into this new schedule and that all other fees would be moved into the schedule in the future.

 

      No Discussion.

 

It was moved by Trustee Balmes, seconded by Trustee Park to approve of Ord. 2012 - 93 amending provisions of the Gurnee Municipal Code Chapter 18, Building and Building Regulations and establishing Chapter 32, Comprehensive Fee Schedule.

 

Roll call,

AYE:                6- Balmes, Morris, Schwarz, Ross, Park, Garner NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

4.  Approval of Ord. 2012 -94 amending the fees for Planning and Zoning applications and services in the Village of Gurnee.

 

     In a presentation, Planning Manager Tracy Velkover outlined the proposed amended fees for planning and zoning services, the mechanisms to be used to calculate the fees and the reasons why such changes were necessary.  She also reviewed and addressed the comments and feedback she had received from the Village Board in October.

 

     Trustee Park asked if there was a provision requiring all fees to be paid before final approval was given to begin a project.

 

     Assistant Village Administrator/Community Development Director David Ziegler stated that bills do sometimes occur after the zoning process has completed, and those are normally captured in some other manner. 

 

     Trustee Park asked how staff determines if a project for a public or non-profit entity should receive a waiver for their zoning fees.

 

     Mr. Ziegler stated that a prior ordinance created a policy wherein all public and non-profits entities could receive up to $1000 in fee waivers per year and the Village utilizes that policy.

 

     Trustee Garner asked for clarification on how certain fees are calculated for planned unit developments.

 

     Ms. Velkover clarified.

 

It was moved by Trustee Park, seconded by Trustee Garner to approve of Ord. 2012 -94 amending the fees for Planning and Zoning applications and services in the Village of Gurnee.

 

Roll call,

AYE:                6- Balmes, Morris, Schwarz, Ross, Park, Garner NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

5.  Approval of one-year renewal of group dental insurance with Guardian – 3% rate adjustment.

 

      Mr. Muetz briefly reviewed the renewal stating that Christine Palmieri, Human Resources Director, and our dental broker, Curtis May, have been working with Guardian on the 2013 dental renewal.  Guardian initially proposed a 6% rate adjustment, to which the Village communicated was too high.  He stated they came back with a 3% adjustment that includes no changes or benefits reductions to the current plan.  Staff and our broker felt this was a more realistic.  Mr. Muetz concluded by saying staff has been happy with the service provided by Guardian and is recommending approval.

 

      No Discussion.

 

It was moved by Trustee Park, seconded by Trustee Ross to approve of one-year renewal of group dental insurance with Guardian – 3% rate adjustment.

 

Roll call,

AYE:                6- Balmes, Morris, Schwarz, Ross, Park, Garner NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

H.  PUBLIC COMMENT

Trustee Morris stated that Confetti’s, a new steak house in Gurnee, was open for business.  He then stated that he had received several inquiries about active shooter training following the Newtown, CT tragedy and said, after speaking with Police Chief Kevin Woodside, he encouraged the public to reach out to Crime Prevention Technician Tom Agos for training options.

 

 

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) (11) which states:  Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 

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

Roll call,

AYE:                6- Balmes, Morris, Schwarz, Ross, Park, Garner NAY:                        0- None

ABSENT:          0- None

Motion Carried.

 

Mayor Kovarik adjourned the meeting into Executive Session at 8:06p.m.

 

Mayor Kovarik recalled the meeting to order at 8:38 p.m.

 

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

ABSENT:         0- None

 

 

1.  Approval of Resolution 2012-19 authorizing execution of a Mutual Release between the Village of Gurnee and the PFC Geoffrey Morris Memorial Foundation.

 

      Mayor Kovarik read the following statement into the record: “Settlement of the War Memorial lawsuit brought by Trustee Kirk Morris and his Foundation will save the Village from incurring the expense of constructing a second Memorial in the Village.  The settlement provides for the Village’s insurance company to reimburse Kirk Morris and his foundation for past efforts and for time Trustee Morris claims he spent on the project.

 

      Trustee Morris’ demand that the Village should build and pay for an expensive waterfall and life size bronze statutes on property located in the floodway, never made any sense and received no support when considered by the Village Board earlier this year. The cost to the Village to construct these improvements would have been in excess of $800,000.

 

      This settlement ends all connections between the Village and Trustee Morris’ Foundation and will allow the Village to improve the site under an Intergovernmental Agreement previously approved by the Village, the Gurnee Park District and Warren Township. The Village has a beautiful Memorial at the intersection of Washington Street and O’Plaine road and will now improve the old police station site with the help of other local governmental partners so it can be enjoyed by all residents of Gurnee.”

 

It was moved by Trustee Park, seconded by Trustee Schwarz to approve of Resolution 2012-19 authorizing execution of a Mutual Release between the Village of Gurnee and the PFC Geoffrey Morris Memorial Foundation.

 

Roll call,

AYE:                4- Balmes, Schwarz, Ross, Park                            NAY:                0- None

ABSENT:          0- None

ABSTAIN:         2- Morris, Garner

Motion Carried.

 

 

Closing Comments

Mayor Kovarik wished everyone happy holidays.

 

 

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 8:42 p.m.

 

 

Andrew Harris,

Village Clerk