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Minutes - 02/14/2017 - Board of Trustees MINUTES OF THE FEBRUARY 14, 2017 ,,,VILLAGE of REGULAR MEETING OF THE QAK B R K , PRESIDENT AND BOARD OF Z TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON FEBRUARY 28, 2017 I. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at 7:03 pm. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal Lalmalani, Trustees Donald Adler, Michael Manzo, Mark Moy, Edward Tiesenga, Asif Yusuf ABSENT: Trustee John Baar IN ATTENDANCE: Village Manager Rick Ginex, Finance Director Jason Paprocki, Village Attorney Stewart Diamond, Development Services Director Bob Kallien, Information Technology Director Jim Fox, Police Chief Jim Kruger, Fire Chief Barry Liss, Public Works Director Doug Patchin, Head Librarian Jacob Post, Swim & Tennis Club Manager Chris Thompson, Golf Club Superintendent/Manager Sean Creed 3. PRESIDENT'S OPENING COMMENTS President Lalmalani wished everyone a Happy Valentine's Day. A. Smart City Presentation Dr. Raj Rajaram provided a PowerPoint presentation regarding energy efficiency design. Comments were made from the audience and Dr. Rajaram addressed questions from the Board. RESIDENT/VISITOR COMMENT Resident-Al Knuth discussed The Drake Hotel project and the Tollway expansion. Village Manager Ginex explained the Tollway's expansion plans. President Lalmalani removed the following items from the agenda: #6.D.1) and#9.C. for discussion at a future meeting. VILLAGE OF OAK BROOK MINUTES Page l of 8 REGULAR MEETING OF FEBRUARY 14,2017 5. APPROVAL OF MINUTES A. Special Board of Trustees Meeting Minutes of December 5, 2016 Motion by Trustee Yusuf, seconded by Trustee Manzo, to approve the Minutes of the Special Meeting of December 5, 2016. VOICE VOTE: Motion carried. B. Regular Executive Meeting Minutes of January 10, 2017 Motion by Trustee Manzo, seconded by Trustee Moy, to approve the Minutes of the Executive Meeting of January 10, 2017. VOICE VOTE: Motion carried. C. Regular Board of Trustees Meeting Minutes of January 24, 2017 Motion by Trustee Manzo, seconded by Trustee Moy, to approve the Minutes of the Regular Meeting of January 24,2017. VOICE VOTE: Motion carried. D. Special Board of Trustees Meeting of February 7, 2017 Motion by Trustee Manzo, seconded by Trustee Moy, to approve the Minutes of the Special Meeting of February 7, 2017. VOICE VOTE: Motion carried. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda. A. Accounts Payable for Period Ending, 2017 - $622,178.04 Significant Items included in Above: 1) John Fogarty, Jr. —Lobbying Services—January 2017 - $5,000.00 (FYI 7 —YTD - $5,000.00) 2) Clark, Baird, Smith, LLP—Legal Services—January 2017 - $926.25 (FYI 7— YTD - $926.25) TOTAL LEGAL BUDGET FOR 2017 IS $298,000.00 - TOTAL LEGAL BILLS PAID FOR 2017- YTD - $15,926.25 3) Troop Contracting—Heritage Center Exterior Renovations & Improvements - $105,555.00 4) William Architects—Professional Services—Police Department- $24,635.18 5) Health Care Service Corporation—BCBS HMO Illinois—February 2017 - $27,676.57 6) DU-COMM—Police Department—Quarterly Shares (February through April) - $104,072.00 7) DuPage Convention & Visitors Bureau—Co-Op Advertising - $40,747.70 (2016 - $37,537.70 and 2017 - $3,210.00) VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF FEBRUARY 14,2017 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2016 IS $349,550.00—TOTAL PAID FOR 2016—YTD - $356,288.54 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2017 IS $375,460.00—TOTAL PAID FOR 2017—YTD - $3,210.00 B. Approval of Payroll for Pay Period Ending January 28, 2017 - $714,120.78 C. Community Development Referrals 1) 25 Robin Hood Ranch—Variation—Accessory Structures D. Ordinances & Resolutions 1) RESOLUTION 2017-DMMC-LP-EXI-R-1617, A Resolution Adopting the 2017 Legislative Positions and Priorities of the DuPage Mayors and Managers Conference This agenda item was removed at the beginning of the meeting by President Lalmalani. 2) RESOLUTION 2017-S&T/P-R-1616, A Resolution Approving and Authorizing the Award of a Contract to Jeff Ellis Management LLC to Provide Aquatic Services Motion by Trustee Tiesenga, seconded by Trustee Manzo, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5—Trustees Adler, Manzo, Moy, Tiesenga, Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Baar Motion carried. 7. ITEMS REMOVED FROM THE CONSENT AGENDA—None presented 8. BOARD & COMMISSION RECOMMENDATIONS A. Oakbrook Center Text Amendment Motion by Trustee Moy, seconded by Trustee Manzo, that the Village Board concur with the recommendations from the Plan Commission and Zoning Board of Appeals approving the requested text amendment to Section 13-11-9 of the Zoning Ordinance that would permit modern way-finding, directory and internal signage in certain areas within the Center containing specific conditions and constraints and subject to VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF FEBRUARY 14,2017 the following conditions: 1. That the Oakbrook Center continues to work with the Oak Brook Club residents and the Village of Oak Brook to address the lighting concerns identified at the Zoning Board of Appeals hearing; and 2. That any building permits issued for the signage as the result of this text amendment will meet all other applicable Village Codes and Ordinances. 3. Adoption of an Ordinance necessary to grant the requested Text Amendment, which Ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the January 24, 2017 Board of Trustees meeting. Development Services Director Kallien provided a PowerPoint presentation regarding the proposed signage at the Oakbrook Center and addressed the concerns of Oak Brook Club residents. Trustee Tiesenga commented on the lighting issues and requested that the ordinance include shutting down the lights at 10:00 p.m. in regards to the theater. Caryn Torres, of the Oakbrook Center, spoke regarding the text amendments and the concerns of the residents regarding the light levels of the upper parking decks and the AMC Theater lighted sign. Comments were made by the Board and questions were addressed by Ms. Torres. Trustee Moy urged passing the ordinance as written. Danielle Cassel, of Vedder Price, discussed the signage lighting project and text amendment process. ROLL CALL VOTE: Ayes: 5—Trustees Adler, Manzo, Moy, Tiesenga, Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Baar Motion carried. B. 1225 22nd Street— Special Use—Outdoor Dining Motion by Trustee Moy, seconded by Trustee Tiesenga, that the Village Board concur with the recommendations from the Plan Commission and Zoning Board of Appeals approving the requested special use for an outdoor dining area at the building located at 1225 22nd Street subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the plans as submitted and approved; 2. The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department; 3. The outdoor dining area will be operated in accordance with the following rules of operation; VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF FEBRUARY 14,2017 a. A maximum seating capacity for 82 patrons may be provided in the outdoor dining areas. b. No live entertainment, sound systems or speakers will be placed in the outdoor dining area. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook; 5. Add the provision "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived"; 6. The trees being removed for the outdoor dining are to be replaced on the site as reviewed and approved by Village Staff to ensure compliance; and 7. Adoption of an Ordinance necessary to grant the requested Special Use for Outdoor Dining,which Ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the February 28,2017 Board of Trustees meeting. Development Services Director provided a PowerPoint presentation regarding the Michael Jordan Restaurant. Comments were made by the Board. Resident-William Lindeman spoke regarding the outdoor dining policy, specifically, Gibson's Restaurant and parking there. Development Services Director Kallien addressed Mr. Lindeman's remarks. David Zadikoff, of Cornerstone Restaurant Group, thanked the Board and invited them to the restaurant. Resident-William Lindeman returned to the podium and spoke regarding outdoor dining enclosures in the Winter. ROLL CALL VOTE: Ayes: 5—Trustees Adler, Manzo, Moy, Tiesenga, Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Baar Motion carried. C. 1211 — 1225 — 130122 nd Street—Variations— Signs Motion by Trustee Moy, seconded by Trustee Tiesenga, that the Village Board concur with the recommendation from the Zoning Board of Appeals approving the requested variations to the Zoning Ordinance Section 13-11-10C.8 and 13-11-10E.3 of the Sign Regulations for the properties located at 1211-1225-1301 22nd Street as requested, subject to the following conditions: 1. The design and placement of the proposed signs shall be in substantial conformance with the plans as submitted and approved; 2. Add the conditions "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived"; VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF FEBRUARY 14,2017 and 3. Adoption of an Ordinance necessary to grant the requested Variations, which Ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the February 28, 2017 Board of Trustees meeting. Development Services Director provided a PowerPoint presentation regarding these properties' requested variations. ROLL CALL VOTE: Ayes: 5—Trustees Adler, Manzo, Moy, Tiesenga,Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Baar Motion carried. 9. ACTIVE BUSINESS A. Confirmation of Appointments 1) Hotel, Convention and Visitors Committee President Lalmalani explained that this item pertains to the appointment of the following new General Managers in Oak Brook: Kristin Duncan, General Manager of the Marriott Oak Brook Hotel, Paul Cardona, General Manager of the LeMeridien Hotel and Caryn Torres, General Manager of the Oakbrook Center Mall to the Hotel Convention and Visitors Committee, and the reappointment of Village residents Dr. Iftikharul Abbasy and Mort Kouklan to the Hotel Convention and Visitors Committee. Motion by Trustee Yusuf, seconded by Trustee Manzo, to confirm the above appointments and re-appointments. VOICE VOTE: Motion carried. B. Sports Core Membership Billing Discussion Trustee Adler introduced this discussion, and Swim & Tennis Club Manager Thompson and Golf Club Superintendent/Manager Creed explained the changes. Finance Director Paprocki stated that only credit/debit options are available through the Sports Core software billing system, not ACH billing through banks. Trustee Adler mentioned the water billing system as a comparison. C. Oak Brook Golf Club Operations Discussion This agenda item was removed at the beginning of the meeting by President Lalmalani. D. Business Registration or Licensing Program Discussion Trustee Adler discussed this item. Village Attorney Diamond talked about a memorandum he prepared regarding non-home rule communities' rights regarding business licensing. President Lalmalani explained the purpose of having a business license program, that it VILLAGE OF OAK BROOK MINUTES Page 6 of 8 REGULAR MEETING OF FEBRUARY 14,2017 was for public safety and notifications only. Opinions were expressed and discussion ensued. Village Manager Ginex and Development Services Director Kallien clarified some issues. E. 2017 Polo Update—Agreement Trustee Adler and Village Manager Ginex provided an update on the Polo contract. Comments were made. F. Hotel Tax Discussion Trustee Adler proposed that Village Attorney Diamond be allowed to answer questions which Trustee Adler had sent to him before this is discussed, and then the matter could come back to the Board. 10. INFORMATION & UPDATES A. Village Manager Village Manager Ginex had nothing to report. B. Village Clerk Village Clerk Pruss referred to PowerPoint slides regarding the April 4th Municipal Election and solicitors. C. Trustees Trustee Yusuf clarified the referendum on the ballot which Village Clerk Pruss mentioned. He wished Happy Valentine's Day to everyone. Trustee Manzo discussed home rule, decorum by residents speaking at the Board meetings, and also the Saddle Brook Road/35th Street issue. Trustee Tiesenga wished everyone Happy Valentine's Day, D. Village Attorney Village Attorney Diamond have nothing to report. E. Village President Information Technology Director Fox talked about the approval by the Plan Commission of a new communication tower. Golf Club Superintendent/Manager Creed stated that the golf course is opening on Friday for the first time ever in February. VILLAGE OF OAK BROOK MINUTES Page 7 of 8 REGULAR MEETING OF FEBRUARY 14,2017 11. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of meetings lawfully closed under this act, (2) collective negotiating matters, (3) the appointment, employment, compensation, discipline, performance or dismissal of a specific employees or legal counsel for the public body and (4) probable or imminent litigation against or by the village, [and pending litigation], pursuant to 2(c)(21), 2(c)(2), 2(c)(1), 2(c)(11), of the Illinois Open Meetings Act, respectively Motion by Trustee Moy, seconded by Trustee Manzo, to adjourn to closed session at 9:37 p.m. ROLL CALL VOTE: Ayes: 5—Trustees Adler, Baar, Moy, Tiesenga, Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Baar Motion carried. 12. RECONVENE The open meeting was reconvened at 11:58 p.m. 13. ADJOURNMENT Motion by Trustee Tiesenga, seconded by Trustee Yusuf, to adjourn the Regular Meeting of the Board of Trustees at 11:58 p.m. VOICE VOTE: Motion carried. ATTEST: Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 8 of 8 REGULAR MEETING OF FEBRUARY 14,2017