Minutes

The 2924`s Regular Meeting of the Board of Trustees of the Village of
Mundelein was held Monday, September 24, 2007 at 1000 North
2924' Regular Meeting
Midlothian Road, Mundelein. Mayor Kessler called the meeting to order
at 7: 06 pm.
Clerk Dahlstrom took the roll. It indicated these members present:
Attendance
Trustees Nutschnig, Schedler, Semple, Sullivan, and Voss. Absent:
Cancelli. Village attendance: Village Administrator Lobaito; Assistant
Village Administrator Flynn, Chief Rose, MPD; Acting Chief Adams,
MFD; Finance Director Hatton, Public Works Director Miller, and
Attorney Marino.
Pledge of Allegiance
Mayor Kessler led the Pledge of Allegiance.
Motion by Voss, seconded by Sullivan to approve the Minutes of the
Regular Village Board Meeting of September 10, 2007. Upon roll call
vote, the vote was as follows: Ayes: Voss, Sullivan, Nutschnig, Schedler,
and Semple; nays: none; absent and not voting: Cancelli. Motion
Motion to Approve the
Minutes of Regular Board
Meeting of September 10,
2007
carried.
Mayor Kessler opened the meeting was opened to the floor.
Mr. Jack Forshaw, 167 Prospect Avenue thanked the Village for the
concerts in the park in conjunction with the Park District. Mr. Forshaw
stated he has enjoyed the concerts and hopes the Village continues to
offer
the
concerts.
Mr. Forshaw stated he is concerned with a
monopoly for a waste hauler in the Village, it was attempted with cable
and learned it did not work. How is the price of service going to be
regulated? It is not democratic to have choices. People are getting
tasered for speaking out and this is concerning. If it will save money,
when will he see it on his tax bill? Mayor Kessler thanked Mr. Forshaw
for his comments regarding the concerts, and Assistant Administrator
Flynn along with Trustee Voss for their efforts regarding the concerts.
As for the waste hauler, it will be bid out for the lowest bid. Trustee
Semple stated October 22, 2007 a Public Works meeting will be held to
discuss the waste hauler project.
Mr. Chris Jenssens, 318 South Hickory Street stated there is a sinkhole
in front of his house that has been filled twice and is still a problem.
Mr.Jenssens asked for an update. Director Miller stated there is an
ongoing investigation regarding this problem and is looking as a
sanitary /sewer problem. It will be televised this week to determine the
problem. Mayor Kessler asked Mr. Jenssens to provide Director Miller
a telephone number for direct contact once the problem and solution
are identified.
Mrs. Amy Jenssens, 318 South Hickory Street stated Public Works was
out to fix the sidewalk across the street. They used black top and it
does not look good on concrete. Director Miller stated black top was
used as a temporary fix until the permanent fix can be made.
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Floor Opened to Public
Ms. Sarah Powers, 1980 Manor Lane thanked Director of Planning
Barrera, Planner Amanda Goski, Trustees Sullivan and Voss for the
meeting regarding Clark Street project, it was very informative. Ms.
She
Powers asked for an update regarding off -track betting.
understands Arlington Park has been sending letters to patrons asking
them to support the OTB in the Village. Administrator Lobaito stated
they are working on their annexation agreement, however a public
hearing has not been scheduled. Ms. Powers asked if consultants have
Mayor Kessler stated
been hired to fill commercial vacancies.
consultants have not been hired, however the Business Development
s;
Commission has been working on attracting businesses. Ms. Powers
asked if commission appointments have any engineering or architectural
experience. Mayor Kessler stated they have not had those requirements
for commission appointments. Ms. Powers stated the leaf collection
program is a great program and hopes they continue the program when
selecting a waste hauler.
No other comments were made. The public commentary was closed.
Floor Closed to Public
Mayor Kessler stated there are several commission appointments.
Mayor's Report
Motion by Sullivan, seconded by Voss to appoint Scott Black as
Chairman of the Plan Commission.
Commission Appointments
Motion to Appoint Scott
Black as Chairman of the
Mayor Kessler stated Chairman of the Plan Commission Edmunds
announced his resignation and Mr. Scott Black has been a member of
the Plan Commission for a number of years.
Plan Commission
Upon roll can vote, the vote was as follows: Ayes: Sullivan, Voss,
Nutschnig, Schedler, and Semple; nays: none; absent and not voting.
Cancelli. Motion carried.
Oath of Office
Clerk Dahlstrom administered the oath of Office.
Administered
Motion by Voss, seconded by Nutschnig to appoint Wayne W. Brown
Motion to Appoint Wayne
to the Business Development Commission. Upon roll can vote, the
W. Brown to the Business
Development Commission
vote was as follows: Ayes: Voss, Nutschnig, Schedler, Semple, and
Sullivan; nays: none; absent and not voting: Cancelli. Motion carried.
Oath of Office
Clerk Dahlstrom administered the oath of Office.
Administered
Motion by Nutschnig, seconded by Sullivan to appoint Robin D. Meier
Motion to Appoint Robin D.
Meier to the Plan
to the Plan Commission.
Upon roll call vote, the vote was as follows:
Commission
Ayes: Nutschnig, Sullivan, Schedler, Semple, and Voss; nays: none;
absent and not voting: Cancelli. Motion carried.
Oath of Office
Clerk Dahlstrom administered the oath of Office.
Administered
Motion by Voss, seconded by Nutschnig to appoint John Gallagher to
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I
the Police Pension Board. Upon roll call vote, the vote was as follows:
Ayes: Voss, Nutschnig, Schedler, Semple, and Sullivan; nays:
none;
absent and not voting: Cancelli. Motion carried.
Mayor' s Report (Continued)
Motion to Appoint John
Gallagher to the Police
Pension Board
Clerk Dahlstrom administered the oath of Office.
Oath of Office
Motion by Semple, seconded by Sullivan to authorize the Mayor to
execute the Amendment to the Easement Agreement between the
Village of Mundelein, Frederick Dempsey and Sandra Dempsey and
Pulte Home Corporation. Upon roll call vote, the vote was as follows:
Ayes: Semple, Sullivan, Nutschnig, Schedler, and Voss; nays: none;
absent and not voting. Cancelli. Motion carried.
Motion by Sullivan, seconded by Schedler to authorize the Mayor and
Clerk to execute Lake County Division of Transportation' s Municipal
permit application to
Utility /Facility Acceptance on a County Highway
install and maintain a bituminous path located at the Northeast Cotner
of the intersection of Hawley Street ( County Highway 70) and Chevy
Upon roll call vote, the vote was as follows: Ayes:
Sullivan, Schedler, Nutschnig, Semple, and Voss; nays: none; absent and
not voting: Cancelli. Motion carried.
Chase Road.
Administered
Dempsey Easement Motion to Authorize the
Mayor to Execute the
Amendment to the
Easement Agreement
Lake County Permit
Applications - Motion to
Authorize the Mayor to
Execute Lake County DoT' s
Municipal Utility /Facility
Acceptance on a County
Highway Permit Application
Motion by Voss, seconded by Nutschnig to accept the Plan
Northfield Block —145 5
Leighton Tower Road
outside storage height restrictions in the M -1 Industrial District from 8
feet to 16 feet, pursuant to Section 20.40.040(7) referencing Section
Motion to Accept the Plan
Commission' s recommendations to accept a variance exceeding the
20.40.030(7) of the Mundelein Municipal Code. Upon roll call vote, the
vote was as follows: Ayes: Voss, Nutschnig, Schedler, Semple, and
Commission' s
Recommendations
Sullivan; nays: none; absent and not voting: Cancelli. Motion carried.
Motion by Nutschnig, seconded by Sullivan to accept the Plan
Commission' s Findings of Fact. Upon roll call vote, the vote was as
follows: Ayes: Nutschnig, Sullivan, Schedler, Semple, and Voss; nays:
Motion to Accept the Plan
Commission' s Findings of
Fact
none; absent and not voting: Cancelli. Motion carried.
draft an
Motion by Nutschnig, seconded by Voss to authorize staff to
ordinance granting Northfield Block Company the variance to exceed
outside storage height restrictions in the M -1 Industrial District from 8
feet to 16 feet.
Motion to Authorize Staff to
Draft an Ordinance
Granting Northfield Block
Company the Variance to
Exceed Outside Storage
Trustee Voss asked if the variance is for a 16 -foot fence. Mt. Robert
Monroe, President of Robert Allan Monroe Associates, stated two
parcels adjacent to and south of their existing facility. They propose to
build a new two -story 15, 000 squate -foot corporate sales center and
showroom. The existing chain link fence will be replaced along the
south and east property lines and heavy landscaping will provide
additional screening. The request is to have palletized masonry material
stacked to 16 feet high the fence is six -feet high. Trustee Voss asked
what would prevent someone from jumping over the fence and
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Height Restrictions in the
M -1 Industrial District from
8 feet to 16 feet
Mayor' s Report (Continued)
climbing on top of the 16 feet material. Mr. Monroe stated in the 19
years he has never experienced someone climbing onto the material, not
Northfield Block —1455
to say it has never happened.
Leighton Tower Road
Continued)
Trustee Sullivan asked Mr. Monroe to extend the Board' s appreciation to
Northfield Block in recognizing the long time and valued corporate
citizen. The improvements are exemplary and Northfield Block is leading
the way for outstanding improvements.
Trustee Nutschnig asked if they already received approval for this
variation? Mr. Monroe stated they did receive approval on the variance in
the past, however their internal records are incomplete and they wanted
to ensure proper compliance.
Upon roll call vote, the vote was as follows: Ayes: Nutschnig, Voss,
Schedler, Semple, and Sullivan; nays: none; absent and not voting:
Beldon Place Subdivision
Cancelli. Motion carried.
Motion to adopt A
Motion by Semple, seconded by Sullivan to adopt A Resolution
Approving a First Amendment to Development Agreement.
Resolution Approving a
First Amendment to (
Resolution No. 07- 09 -40)
Development Agreement
Trustee Voss asked if the date needed to be filled in to the Agreement.
Attorney Marino stated they couldn't be filled in until the Agreement has
been approved. If this motion is approved, today' s date will be used.
Trustee Voss asked why the Acquisition Notice was not delivered? '
Attorney Jesse Dodson stated it was an oversight.
Upon roll call vote, the vote was as follows: Ayes: Semple, Sullivan,
Nutschnig, Schedler, and Voss; nays: none; absent and not voting:
Cancelh. Motion carried.
Motion to pass An
Motion by Semple, seconded by Schedler to pass An Ordinance
Ordinance Amending
Zoning Map to Classify (
Amending Zoning Map to Classify Property in R -8 Zoning District.
Property in R -8 Zoning
District
Ordinance No. 07- 09 -51)
Trustee Voss stated this was not rezoned prior because the Acquisition
Notice was not received. Attorney Marino stated that was correct. She
will vote against this motion because she does not feel this development
is in the proper area, although she did attend the Sales Opening.
Upon roll call vote, the vote was as follows: Ayes: Semple, Schedler,
Nutschnig, and Sullivan; nays: Voss; absent and not voting: Cancelli.
Motion carried.
Ordinance Approving
Motion by Semple, seconded by Schedler to pass An Ordinance
Approving Special Use Permit for Planned Unit Development,
Special Use Permit for
Variations and PUD Development Concept Plan. ( Ordinance No. ,
Planned Unit Development,
07- 09 -52) Upon roll call vote, the vote was as follows: Ayes: Semple,
Variations and PUD
Schedler, Nutschnig, and Sullivan; nays: Voss; absent and not voting:
Development Concept Plan
Cancelli. Motion carried.
Motion to pass An
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Trustee Semple reported on the Public Works Committee Meeting. Trustee
Semple stated staff would make enhancements and report back to the
Board. Trustee Semple stated Omnibus Item 3 is a motion to approve an
agreement for professional services with Smith Engineering Consultants,
Public Works Committee
Report of Public Works
Committee Meeting
Inc. regarding the recommendations of the Committee.
Trustee Semple called a Public Works meeting for Monday October 22,
2007 at 6: 00 pm regarding a single waste hauler.
Public Works Meeting
Called 10. 22.07 at 6: 00 PM
Finance Committee —
Trustee Sullivan highlighted the expense report.
Highlights of Financial
Trustee Sullivan stated the big advantage for a single waste hauler is the cost
is reduced. The disadvantage is unless the waste is in the container the
hauler won' t pick it up, however there would be less wear on the streets.
Trustee Sullivan would discuss this at the Public Works Committee
Reports
Single Waste Hauler
Comments
meeting.
Trustee Sullivan requested a meeting with the Finance Director to get an
Reimbursable Items Request
update regarding reimbursable items. Mayor Kessler asked to be included
in how the new process is working, whether the changes are effective.
Motion by Semple, seconded by Voss to adopt A Resolution Waiving the
Formal Bidding Process for the Purchase and Installation of a
Computer Aided Dispatch System from Visionair, Inc. of Castle Hayne, North Carolina, Telecommunications Service Console
Police Committee - Motion
to Adopt A Resolution
Waiving the Formal Bidding
Process for the Purchase and
Furniture from Watson Dispatch, Inc. of Appleton, WI and Radio
Integration Services from Radicom, Inc. of McHenry, IL for the
Mundelein Police Department. ( Resolution No. 07- 09 -41)
Installation of a Computer
Trustee Semple asked Chief Rose to summarize the request. Chief Rose
Radio Integration Services
summarized the request.
Aided Dispatch System,
Telecommunications Service
Console Furniture, and
for the Mundelein PD
Trustee Sullivan stated he has a concern along with IT is the weakness in
the system. They are unable to get parts for the system. This is a budgeted
item, and it has been planned for a few years and is needed.
Trustee Nutschnig asked if there is an external project manager.
IT
Director Pedraza stated the project manager is an internal project manager.
Upon roll call vote, the vote was as follows: Ayes: Semple, Voss, Nutschnig,
Schedler, and Sullivan; nays: none; absent and not voting: Cancelli. Motion
carried.
Trustee Voss stated Friday September 28 is Mundelein High School' s
Homecoming.
The Homecoming Parade is scheduled for that same
afternoon and Mundelein High School has invited the Board to participate
in the parade. Trustee Voss stated she would participate and encouraged
the rest of the Board. Trustee Semple stated he would be driving the
Freshman Float, however it would not be in the trustee role.
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Community Development
Committee
MHS Homecoming 09. 28.07
Crossroads
Trustee Voss stated she received a memo regarding Crossroads and the OTB.
She has received much opposition regarding the project. Trustee Voss stated
she visited the OTB in Waukegan, but not the restaurant in McHenry. Trustee
Voss asked if the negotiating team had been assigned. Mayor Kessler stated the
project is not at that stage. Mayor Kessler stated he has received comments in
favor as well. The Waukegan location is not the same project that is being
proposed. The petitioner needs to do much more before it can come before
the Board. Trustee Voss stated she will vote against the motion if it comes
before the Board and would like to excuse herself from the negotiating team.
Trustee Sullivan stated the project is not an OTB, but an annexation agreement
with a new restaurant. The petitioner is proposing a restaurant twice the size as
the existing restaurant, and is willing to consider the OTB as a small part of his
sports bar. All aspects of the project should be considered before making a
decision. Mayor Kessler restated the discussion is premature, it is not on the
agenda, nor is the petitioner present to answer and / or comment.
Trustee Voss agreed it was not on the agenda. Trustee Voss stated if the
project were to expand his restaurant, she would consider the project. The
petitioner approached the County and the County rejected the project.
Trustee Sullivan stated the project is not to expand the restaurant; it is to build a
new restaurant. At the time it was presented to the County, it was presented in
the Shack, and then in the restaurant without improvements; if the same
presentation were presented to the Board, the Board would deny that as well.
Trustee Nutschnig stated the Permits Committee meeting scheduled for Carmel
High School sign earlier was cancelled due to the denial of the Appearance
Review Committee.
Motion to Approve the
Motion by Nutschnig, seconded by Sullivan to approve the minutes of the
Minutes of the August 27
August 27, 2007 Permits Committee Meeting. Upon roll call vote, the vote was
as follows: Ayes: Nutschnig and Sullivan; nays: none; absent and not voting.
2007 Permits Committee
Meeting
Cancelli. Motion carried.
Trustee Schedler recognized Acting Chief Adams for his exemplary job he has
Fire Committee -
Recognition to Acting
Chief Adams
done for the last year.
Trustee Schedler asked Acting Chief Adams to remind everyone of the Fire
Station Open House. Acting Chief Adams stated Sunday October 7 at 11: 00
Open House
am — 2:00 pm is the Fire Station Open House.
Mayor Kessler presented the Omnibus Vote Agenda asking for any additions,
Omnibus Vote Agenda
deletions or corrections.
Items Removed from
There were no additions, deletions or corrections.
Omnibus Agenda
Motion by Sullivan, seconded by Nutschnig to approve the following Omnibus
Motion to Approve
Vote Agenda.
Omnibus Vote Agenda
156
l
Motion to approve the Departmental Purchase Request in
1.
the amount of $48, 747.50 from T.P.I., 7N262 W. Whispering
Trail, St. Charles, IL 60175 fox Del Webb Inspections. ( Omnibus (
Motion to Approve
Omnibus Vote Agenda
Continued)
Vote)
Motion to approve the proposal from Mundelein
Disposal for the 2007 Leaf Collection Program in the amount of
2.
47, 070.40. ( Omnibus Vote)
3.
Motion to approve an Agreement for Professional
Services with Smith Engineering Consultants, Inc. in the amount
of $ 21, 890.00 and authorize the Mayor' s signature on the
Agreement. ( Omnibus Vote)
4.
Motion to approve change order No. 1 for the
Winchester Road Pumping Station Modifications Project
increasing the contract value by $ 14,480.00 and authorization for
the Village Administrator' s signature on the Change Order.
Omnibus Vote)
5.
Motion to approve an Agreement for Professional
Services with Smith Engineering Consultants, Inc. in the amount
of $ 40,000.00 and authorize the Mayor' s signature on the
Agreement. ( Omnibus Vote)
6.
Motion
to
adopt A
Resolution Approving an
Extension of the Completion Date in the Subdivision
Improvement Agreement between the Village of Mundelein
and Glen Garden Estates, L.L.C., subject to attorney review.
Omnibus Vote) (Resolution No. 07- 09 -42)
7.
Motion to adopt A Resolution Establishing a Deferred
Compensation Plan for the Village of Mundelein. (
Omnibus
Vote) (Resolution No. 07- 09 -43)
8.
Motion to approve the payment of bills, as indicated in ^,
the Governing Body Report, for the period 09/ 11/ 07 through (
09/ 24/ 07 in the amount of $1, 359,317.46. ( Omnibus Vote)
j
Upon roll call vote, the vote was as follows: Ayes: Sullivan, Nutschnig,
Schedler, Semple, and Sullivan; nays: none; absent and not voting:
Cancelli. Motion carried.
Attorney' s Report Executive Session
Attorney Marino stated an Executive Session without action would be
held after the Regular meeting to discuss pending litigation pursuant to 5
ILCS 120, Section 2( c)( 11).
Business License Hearing
regarding Family Fuel, Inc.,
Mayor Kessler stated the Business License Hearing regarding Family Fuel,
Inc., DBA Mundelein Clark would be postponed due to recently
157
DBA Mundelein Clark
Postponed
Motion to Recess into a
appointed legal counsel.
Liquor Control Commission
Meeting
Motion by Voss, seconded by Nutschnig to recess into a Liquor '
Control Commission meeting. Upon roll call vote, the vote was as
follows: Ayes: Voss, Nutschnig, Schedler, Semple, and Sullivan;
nays: none; absent and not voting: Cancelli. Motion carried.
The 2924`h Regular meeting
was recessed
Motion to reconvene the
2924`h Village Board Meeting
The 2924`h Regular meeting was recessed at 8:21 pm.
Motion by Semple, seconded by Nutschnig to reconvene the 2924'
Village Board Meeting. Upon roll call vote, the vote was as follows:
Ayes: Semple, Nutschnig, Schedler, Sullivan, and Voss; nays: none;
absent and not voting: Cancelli. Motion carried.
The 2924`h Regular meeting
The 2924`h Regular meeting was reconvened at 8:28 pm.
was reconvened
Clerk Dahlstrom took the roll. It indicated these members present:
Trustees Nutschnig, Schedler, Semple, Sullivan, and Voss. Absent:
Attendance
Cancelli.
Village
attendance:
Village
Administrator
Lobaito,
Assistant Village Administrator Flynn, Chief Rose, MPD; Acting
Chief Adams, MFD; Finance Director Hatton, Public Works
Director Miller, and Attomey Marino.
Motion to Recess into
Executive Session
Motion by Semple, seconded by Nutschnig to recess into Executive
Session to discuss pending litigation pursuant to 5 ILCS 120, '
Section 2(c)( 11). Upon roll call vote, the vote was as follows: Ayes:
Semple, Nutschnig, Schedler, Sullivan, and Voss; nays: none; absent
and not voting: Cancelli. Motion carried.
The 2924`h Regular meeting
The 2924' Regular meeting was recessed at 8: 29 pm.
was recessed
Motion by Nutschnig, seconded by Sullivan to reconvene the 2924`''
Motion to reconvene the
Village Board Meeting. Upon roll call vote, the vote was as follows:
2924`h Village Board Meeting
Ayes: Nutschnig, Sullivan, Schedler, Semple, and Voss; nays: none;
absent and not voting: Cancelli. Motion carried.
The 2924`h Regular meeting
The 292e Regular meeting was reconvened at 8: 57 pm.
was reconvened
Clerk Dahlstrom took the roll. It indicated these members present:
Trustees Nutschnig, Schedler, Semple, Sullivan, and Voss. Absent:
Attendance
Cancelli.
Village
attendance:
Village
Administrator
Lobaito,
Assistant Village Administrator Flynn, and Attorney Marino.
Mayor Kessler stated there was an Executive Session to discuss
pending litigation and would be no action taken. Assistant Village
No Action Taken After
Administrator Flynn checked the hallway and no one was waiting.
Executive Session
Motion by Nutschnig, seconded by Sullivan to adjourn the 2924`h
158
Regular Board meeting. Upon unanimous voice vote, the meeting
Motion to Adjourn
was adjourned at 8: 58 pm.
The meeting was adjourned at 8: 58 pm.
Adjournment
V' age Clerk
F
159