Minutes of the Regular Meeting of the Gurnee Village Board - December 31, 1969

MINUTES OF A REGULAR MEETING

OF THE GURNEE VILLAGE BOARD

GURNEE VILLAGE HALL

DECEMBER 3, 2001

The meeting was called to order at 7:32 p.m. by Mayor Rudny.

Roll Call, Present: Damijonaitis, Kovarik, Balmes, Thoma, Finn (arrived at 7:45 p.m.), Chamberlain

Absent: None

Other officials present: James T. Hayner, Village Administrator; Rudolph Magna, Village Attorney; Brad Burke, Assistant Village Administrator; Tracy Velkover, Village Planner; Bud Reed, Village Engineer; David Ziegler, Assistant Village Engineer; Fred Friedl, Fire Chief; Robert Jones, Police Chief; Henry Schwarz, Deputy Police Chief; Terri Kincaid, Deputy Police Chief

Mayor Rudny led the Pledge of Allegiance.

From the audience, Mr. Shawn Depke, 13357 W. Chaplin, Wadsworth, had questions about an incident that occurred the day before. His family has been selling Christmas trees on the corner of Grand and Route 21 for over 40 years. Because of the opening of the Walgreen's store, the tree selling location was moved. Mr. Depke placed a sign at the Grand and Route 21 corner announcing the new location. He received permission from the Village Administrator to place this sign while a sign permit was being processed. On Sunday morning, he witnessed Mr. Damijonaitis removing the sign and objected. He wondered why the police were called and the sign was removed.

Mayor Rudny responded it was an unfortunate misunderstanding. Mr. Damijonaitis did not know permission had been granted for the sign. Mayor Rudny apologized as a representative of the Village and asked trustees to check with Village staff if they have questions about signs or any other issues in the future. Mr. Damijonaitis apologized for taking down the sign.

Thoma moved, Damijonaitis seconded, to accept the consent agenda as presented.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

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

  1. Consideration of Ordinance No. 2001-96 accepting the final plat for Victorian Village Phase III as recommended by the Plan Commission.
  2. Consideration of Ordinance No. 2001-97 accepting the public improvements for Rolling Ridge of Gurnee as recommended by the Village Engineer.
  3. Consideration of awarding the bid for the Pembrook water tower painting to the low bidder, Jetco, Ltd. at $80,680.00 as recommended by Baxter & Woodman.
  4. Consideration of Park District request to waive building permit fees for a shelter at Gowe Memorial Community Park.
  5. Approval of Payroll for the period ending 11/21/01 in the amount of $442,386.77.
  6. Approval of Payroll Transfer Journal for the period ending 11/21/01 in the amount of $466,545.14.

Chamberlain moved, Kovarik seconded, to approve the consent agenda/omnibus vote presented as follows:

  1. Approval of Ordinance No. 2001-96 accepting the final plat for Victorian Village Phase III as recommended by the Plan Commission, and to publish in pamphlet form, and
  2. Approval of Ordinance No. 2001-97 accepting the public improvements for Rolling Ridge of Gurnee as recommended by the Village Engineer, and to publish in pamphlet form, and
  3. Approval of awarding the bid for the Pembrook water tower painting to the low bidder, Jetco, Ltd. at $80,680.00 as recommended by Baxter & Woodman, and
  4. Approval of Park District request to waive building permit fees for a shelter at Gowe Memorial Community Park, and
  5. Approval of Payroll for the period ending 11/21/01 in the amount of $442,386.77, and
  6. Approval of Payroll Transfer Journal for the period ending 11/21/01 in the amount of $466,545.14.

    Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

    Nay: None.

    Absent: None. Motion Carried.

Mayor Rudny announced certificates of completion would be presented to the members of the first class of the Citizens Fire Academy. Mayor Rudny commented the policies and procedures of the Gurnee Fire Department are very involved and Chief Friedl and his department are to be applauded.

Chief Friedl made the presentation. A class picture was presented to Chief Friedl.

The Village Administrator stated there were no agenda items for the Committee-of-the-Whole Meeting scheduled for December 10, 2001.

Chamberlain moved, Thoma seconded, to cancel the Committee-of-the-Whole Meeting of the Gurnee Village Board scheduled for December 10, 2001.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

Mayor Rudny stated an Executive Session would be necessary at the end of this meeting.

Finn moved, Chamberlain seconded, to amend the agenda adding an Executive Session at the end of the Regular Meeting.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

Trustee Kovarik introduced from the audience Mr. Chuck Balling, Mr. Lyle Foster, and Ms. Jamie Rominski, a Warren Township High School student. These three summarized the Healthy Community Healthy Youth concept and the reasons for the request for funding. HCHY is not a program, but more a way of thinking. A committee of 75 individuals from the library, the township, schools, churches, park district and other groups cooperated to determine tactics to take to the community to provide the youth of Gurnee with opportunities for growth and improvement. The four initiatives determined by the committee to be most beneficial to Gurnee youth are: 1) enhance communication at all levels throughout the community; 2) develop a marketing communications plan, 3) encourage a healthy home life environment, and 4) promote adult involvement in youth activities. Seed money is needed to move forward with these initiatives.

Mayor Rudny stated he attended the national conference and enjoyed spending time with the students. He has established a Mayor's Youth Council that will meet monthly as a result of these efforts.

Trustee Chamberlain commented the Board has committed $10,000.00 to HCHY, but encouraged the committee to also seek private funding.

The Village Administrator stated a flood mitigation committee had been established this summer to construct a plan for dealing with flooding in the community. The committee included representatives from the Stormwater Management Commission, homes, businesses, and other entities affected by flooding and consultant, Mr. French Wetmore.

Trustees Balmes and Kovarik presented an overview of the document drafted by the committee. Later in the meeting, there will be an opportunity to adopt a resolution as part of the plan.

Trustee Balmes stated the following goals were identified: 1) protecting properties, 2) protecting the health and safety of citizens, and 3) guaranteeing funds are expended in a judicious manner. The major concern of homeowners is to protect and keep their houses. Measures of protection that could be utilized include: retrofitting, relocation, acquisition, and education of property owners.

Trustee Kovarik stated the recommendations included to protect buildings from damage and acquire a small percentage of the flood plain properties. The results of the committee's efforts provide an excellent tool for use by the Village Board in determining properties that should be acquired and techniques, such as retrofitting, that can be used to protect other buildings in the flood plain. The Village Center plan needs to be updated considering the outcomes the committee has developed. The Village Board needs to initiate a stream and wetland dumping ordinance. Watershed and drainage system updates need to be ongoing. A central "flood information hot line" could be created. A permanent flood mitigation committee should be established to assist the Village Board. Homeowners need to submit an application under the committee's rating system which could lower their flood insurance.

Trustee Chamberlain asked if certain properties were candidates for protection and acquisition?

Trustee Kovarik responded that possible acquisitions are ranked from 12 to 1 with a ranking above 5 indicating strong candidates for acquisition.

Trustee Chamberlain asked how the Village should be participating?

Trustee Kovarik responded that funds budgeted for acquisition could be earmarked for assistance in retrofitting and other improvements as well as acquisition.

Trustee Damijonaitis questioned the recommendation to bury power lines, especially if we are not burying them in the rest of the Village.

The Assistant Village Administrator responded a number of items, such as burying power lines, had to be addressed to meet FEMA requirements for funding.

Mayor Rudny stated the specific dollar amounts need to be addressed in the Village Board budget process.

Trustee Finn asked if we meet the FEMA requirements, will we receive funding?

Trustee Kovarik responded that the FEMA requirements have been met through this document and funding and reduced insurance rates should follow. She also stated Gurnee is a pilot for this type of program. The Stormwater Management Commission will use our plan as a sample for other communities downstream.

Trustee Finn then asked if we pass the resolution, are we committed to the dollar amounts stated in the plan?

Mayor Rudny suggested one line item be placed in the Village budget for flood mitigation. The amounts stated in the plan are not needed for FEMA approval and are only suggestions.

Trustee Chamberlain reviewed the police and fire committee recommendation to purchase portable defibrillators for the police department and public buildings. He thanked the committee for their work. He stated the Village would only need to purchase one for the Village Hall and one for the public works department. The police department will purchase their own defibrillators. A recommendation will be made to the Warren Newport Library board and the Warren Township board to each purchase one.

Mayor Rudny responded the Village would train the library and township staff in the use of the defibrillators.

Trustee Finn questioned the liability involved in using the equipment.

The Village Attorney responded the liability is minimal. The benefits far outweigh the risks.

Damijonaitis moved, Finn seconded, to purchase defibrillators out of the respective department budgets.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

The Village Administrator reviewed clarifications the Village Board had requested on the Village Reimbursable Policy for Municipal Participation in Capital Projects.

Mayor Rudny stated it is a guide for staff in making recommendations.

Balmes moved, Kovarik seconded, to approve the Village Reimbursable Policy for Municipal Participation in Capital Projects.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

Finn moved, Balmes seconded, to approve a request for financial support to the Healthy Community/Healthy Youth organization at $10,000.00.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

Mayor Rudny reviewed Resolution 2001-8 to adopt the Flood Mitigation Plan as recommended by the Village's Flood Mitigation Planning Committee.

Trustee Finn suggested the committee come before the Board once a year to determine a specific dollar amount.

Mayor Rudny suggested a line be added to the resolution stating the Village Board determines the scheduling of funding, which will then be addressed in the budget process.

Chamberlain moved, Kovarik seconded, to approve Resolution 2001-8 adopting the Flood Mitigation Plan with dollar amounts removed and certain wording changes, as recommended by the Village's Flood Mitigation Planning Committee.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

The Village Administrator reviewed the unanimous recommendation by the Plan Commission granting a Special Use Permit pursuant to the Gurnee Zoning Ordinance relating to the proposed police facility to be located at the northwest corner of Washington Street and O'Plaine Road.

From the audience, Mr. Dan Robison stated the Special Use Permit is for a building over 5,000 square feet. The police facility will be 50,000 sq. ft. and have two lighted monument signs. Mr. Robison reviewed several special use submittals and revisions to the site plan. The ordinance requirement of zero foot candles of lighting at property lines and no greater than 100 watt fixtures within 40 feet of property line presents a problem in the public parking area, which should be well lit. The compromise reached was to match the lighting of the post office, across the street, which is five foot candles at the property line for the public parking areas.

Trustee Chamberlain stated a public safety building should have up to five foot candles of light in public areas.

Trustee Damijonaitis asked what the photometrics are along the bike path?

Mr. Robison responded 0.1 to 0.2. Mr. Robison reviewed the current status of the project. Construction documents are 75% complete. The schedule stands with final review of construction documents in January, bidding in February, construction beginning in March or April 2002. Information on the final cost of the 911 equipment is still not complete. The building itself will cost $10 million; including soft costs, it could total $13 to $14 million.

Trustee Kovarik asked if the replacement of the CAD system was in the capital budget.

From the audience, Chief Jones responded it would have been replaced even if no new police station was being constructed.

Trustee Chamberlain stated the construction numbers should be competitive because contractors are getting hungry.

From the audience, Tracy Velkover, Village Planner, stated the five foot candle lighting is actually within the ordinance limits. She also noted the ordinance states the structure not exceed 50,000 sq. ft. for the use of a radio tower.

The Village Attorney suggested using the wording "an approximately 50,000 sq. ft. facility will be constructed."

Damijonaitis moved, Chamberlain seconded, to approve the amended Ordinance No. 2001-98 granting a Special Use Permit pursuant to the Gurnee Zoning Ordinance relating to the proposed police facility to be located at the northwest corner of the intersection of Washington Street and O'Plaine Road.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

The Village Administrator reviewed the request from the Forest Glen Subdivision for additional municipal participation in the cost of construction for Lee Avenue. In the construction of Lee Avenue, Mr. Downing and Mr. Becker ran into poor soil and the road construction cost more than was estimated.

Trustee Thoma stated it is difficult to understand why this was considered public participation in the first place.

Trustee Chamberlain said he feels the Village should not pay for the road.

Mayor Rudny stated municipal participation to this point in this project has been 67% of the cost of the project. Unexpected soil conditions are a risk of development.

Trustee Balmes stated there is no opportunity for recapture because the land across the street is park district.

From the audience, the developer stated once the problem was discovered, the Village Engineer worked with the developer and their engineer to create an alternative plan to install the street.

Trustee Kovarik asked why original soil borings didn't show the problem.

The developer responded the soil boring had been done on their property and the street was to be constructed on Village property. It wasn't until the actual construction of the street began that the soil conditions were discovered.

Thoma moved, Chamberlain seconded, to deny the request from the Forest Glen Subdivision for additional municipal participation in the cost of construction of Lee Avenue.

Roll Call, Aye: Damijonaitis, Thoma, Finn, Chamberlain.

Nay: Kovarik, Balmes.

Absent: None. Motion Carried.

From the audience, Mr. Downing stated that there was a 10% cost overrun on the Forest Glen project and there was public participation agreed to previously. He stated he was disappointed in the Village Board's action.

Mayor Rudny stated the Board decided the additional cost was not a public benefit.

Finn moved, Thoma seconded, to adjourn the meeting into Executive Session in reference to 5 ILCS 120/2(c)(11) Litigation, when an action against, affecting or on behalf of a particular public body has been filed and is pending before a court or an 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, and to invite the Village Administrator and the Village Attorney to attend.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

The meeting was adjourned into Executive Session at 9:56 p.m. by Mayor Rudny.

The meeting was recalled to order at 10:33 p.m. by Mayor Rudny.

Roll Call, Present: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain

Absent: None

Other officials present: James T. Hayner, Village Administrator; Rudolph Magna, Village Attorney

Mayor Rudny stated the Executive Session had been in reference to litigation and no action is being taken at this time.

Thoma moved, Kovarik seconded, to adjourn the meeting.

Roll Call, Aye: Damijonaitis, Kovarik, Balmes, Thoma, Finn, Chamberlain.

Nay: None.

Absent: None. Motion Carried.

The meeting was adjourned at 10:34 p.m. by Mayor Rudny.

Mary Jo Kollross
Village Clerk