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Minutes - 09/13/2011 - Board of TrusteesMINUTES OF THE SEPTEMBER 13, 2011 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 11, 2011. 1. 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 7:02 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 Michael Manzo, Mark Moy, Gerald Wolin, Asif Yusuf, and Elaine Zannis. ABSENT: Trustees Stelios Aktipis IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert Kallien, Community Development Director, Sharon Dangles, Finance Director; Thomas McEllin, Fire Chief, Sue Madorin, Library Director; Steve Larson, Police Department Consultant; Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. PUBLIC HEARING — ELECTRIC AGGREGATION President Lalmalani stated that they are conducting a public hearing for the purpose of considering a Plan of Operation for an Electricity Trustee Wolin stated that we embarked on this process a few months ago with the objective of finding a way to save residents and small businesses money on their electricity. Trustee Wolin then thanked Village Manager David Niemeyer and Rania Serences from the Village Staff for putting so much of their time and effort into this project. Village Manager David Niemeyer then took the floor and also thanked Rania Serences for all of the work that she put in. He stated that the major purpose of this hearing is to receive feedback about the aggregation plan. Since the initial public hearing first took place there have been some changes in the plan itself and Village Manager David Niemeyer then went over some of those key changes. He stated residents and small businesses who receive electricity from a third party supplier can still benefit from the Village's Electric Aggregation Program but are not eligible for the opt -out program. He also stated customers on the ComEd hourly rate, and customers on the ComEd space heating rate already receive discounted rates and so it would not make sense for them to sign up for the new program. Letters of explanation will be sent to these residents. Manager Niemeyer stated that when the governance plan was being developed the Village VILLAGE OF OAK BROOK MINUTES Page 1 of 12 REGULAR MEETING SEPTEMBER 13, 2011 looked at another town in the area as a model, as well as checking with the Illinois Power Agency which is the state agency overseeing this process, and they have confirmed that the Village's governance plan does comply with all the state requirements and also added the Village's plan is much more concise and complete then other plans that they have reviewed. Manager Niemeyer then stated that staff is asking for authorization to approve the Plan of Governance, the Intergovernmental Agreement, and authorization to seek bids for the electric aggregation program. 4. RESIDENTNISITOR COMMENT Resident Lois Miller discussed the issue of open burning in the Village and asked why it is still allowed. She also discussed the blazing bonfire article in the Village newsletter and a dispatch issue that occurred. Trustees Wolin and Yusuf, and Fire Chief McEllin addressed the issues she raised. Resident Bill Lindeman commented on items on the consent agenda, particularly item G2, and legal fees. Other residents who signed up to speak will do so during the agenda item. PRESIDENT'S OPENING COMMENTS President Lalmalani stated that the polo update has been removed from this agenda. President Lalmalani discussed the selection process of the new Police Chief. He stated the number of applicants has been shortlisted to eight and that interviews will soon take place. President Lalmalani discussed the meeting with the President of ComEd. He stated ComEd was very receptive to the issues and there will be more meetings in the future. President Lamalani spoke about was a meeting that was arranged by the Metropolitan Mayor's Caucus to meet with Rabin Emanuel. President Lalmalani asked Trustee Moy to give a brief update about the Oak Brook Half Marathon that took place over Labor Day. Trustee Moy stated that the event went very well, and it was a good representation for Oak Brook. The turnout was a little smaller this year than last and Trustee Moy believes that the Village should do everything possible to promote this event in the future. President Lalmalani discussed the September lla' Remembrance Ceremony at the Oak Brook Public Library. He thanked Senator Dillard, Representative Nybo, Senator Sandack, and past trustees for attending. He also thanked Fire Chief Tom McEllin for arranging the ceremony. President Lalmalani stated Lisa Jenkins, Communications Center employee, played a role in the events of September 11, 2001. While she was on duty that morning, she was VILLAGE OF OAK BROOK MINUTES Page 2 of 12 REGULAR MEETING SEPTEMBER 13, 2011 unexpectedly placed in a position of involvement. President Lamalani stated that she used excellent judgment and foresight as she relayed the events of the hijacking of Flight 93 to the FBI and the FAA. Her professionalism that day resulted in the country being able to understand, through the words of Todd Beamer, what was actually happening aboard that fatal flight. A) Resolution of Appreciation — Raymond H. Dunn The Resolution was read by Clerk Pruss Motion by Trustee Manzo, seconded by Trustee Zannis for approval of the Resolution of Appreciation R -1118 recognizing Raymond H. Dunn's service to the Village. VOICE VOTE: Motion Carried. B) Resolution of Appreciation — Robert E. Lindgren The Resolution was read by Clerk Pruss Motion by Trustee Zannis, seconded by Trustee Yusuf for approval of the Resolution of Appreciation R -1119 recognizing Robert E. Lindgren's service to the Village. VOICE VOTE: Motion Carried. C) Resolution of Appreciation — Joseph H. Rush The Resolution was read by Clerk Pruss Motion by Trustee Manzo, seconded by Trustee Wolin for approval of the Resolution of Appreciation R -1120 recognizing Joseph H. Rush's service to the Village. VOICE VOTE: Motion Carried. D) Resolution of Appreciation — Randall W. Teteak The Resolution was read by Clerk Pruss Motion by Trustee Yusuf, seconded by Trustee Moy for approval of the Resolution of Appreciation R -1121 recognizing Randall W. Teteak's service to the Village. VOICE VOTE: Motion Carried. President Lamalani then requested that Trustee Moy take the floor to introduce the Pin Stripes Presentation. Trustee Moy stated that several years ago the Village implemented the commercial revitalization plan, and part of that plan was a new set of regulations put in place with the hopes of streamlining the process of new businesses hoping to come to Oak Brook. One of the first steps in this plan was the applicant appearing at a Village Board Meeting to give a presentation of their proposed business. Trustee Moy stated over the last several months the Board has been in contact with Dale Schwartz, CEO of Pinstripes. He stated Pinstripes is, proposing to build a new retail building in Oak Brook that would bring in an estimated $10 million in revenue annually. VILLAGE OF OAK BROOK MINUTES Page 3 of 12 REGULAR MEETING SEPTEMBER 13, 201 I Trustee Moy then introduced Dale Schwartz and invited him to begin his presentation. Dale Schwartz gave a brief presentation on Pinstripes. He stated the chain was opened in an attempt to redefine the restaurant experience by adding bowling and bocce activities mixed with exceptional cuisine. He stated Pinstripes is successful because it is able to reach a broad range of people. He stated the specific site that Pinstripes is looking at is inside Oakbrook Mall. Trustee Wolin stated the Board is impressed with the presentation and would be happy to have Pinstripes open up in the mall. He also stated that the Pinstripes team should take into consideration the noise issue of outside music when they build their restaurant so there are no problems for them in the future. Trustee Zannis stated that she agreed with Trustee Wolin and said that she had visited both of Pinstripes' other Illinois locations and she was extremely happy with what she saw. She believes that this development will be a win -win for Oak Brook and for Pinstripes. Trustee Yusuf also wanted to add that he believes that Pinstripes will be a great asset to the community, and thinks that the timing to open in the Fall is going to be perfect. Motion by Trustee Moy, seconded by Trustee Manzo for approval of the Referral to Plan Development. VOICE VOTE: Motion Carried. 6. APPROVAL OF MINUTES REGULAR BOARD OF TRUSTEES MEETING OF JULY 26, 2011 Motion by Trustee Moy, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of July 26, 2011. VOICE VOTE: Motion carried. SPECIAL BOARD OF TRUSTEES MEETING OF JULY 30, 2011 Motion by Trustee Zannis, seconded by Trustee Yusuf to approve the Minutes of the Special Board of Trustees Meeting of July 30, 2011. VOICE VOTE: Motion carved. COMMITTEE -OF- THE -WHOLE MEETING OF THE BOARD OF TRUSTEES OF AUGUST 1, 2011. Motion by Trustee Manzo, seconded by Trustee Yusuf to approve the Minutes of the Committee -of- the -Whole Meeting of the Board of Trustees of August 1, 2011. VOICE VOTE: Motion carried. SPECIAL BOARD OF TRUSTEES MEETING OF AUGUST 22, 2011 Motion by Trustee Wolin, seconded by Trustee Yusuf to approve the Minutes of the Special Board of Trustees Meeting of August 22, 2011. VOICE VOTE: Motion Carried. 7. 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 VILLAGE OF OAK BROOK MINUTES Page 4 of 12 REGULAR MEETING SEPTEMBER 13, 2011 considered as the first item after approval of the Consent Agenda. A. Accounts Payable 1) For Period Ending August 23, 2011 - $665,560.50 2) For Period Ending September 9, 2011 - $456,216.06 Significant Items Included in the Above: a) Seyfarth, Shaw, LLP — Legal Services — July 2011 - $8,724.95 b) Odelson & Sterk, Ltd. — Legal Services — July 2011 - $17,125.16 c) DuPage Water Comission —July 2011 - $332,764.51 B. Approval of Payroll for: 1) Pay Period Ending August 6, 2011 - $693,927.24 2) Pay Period Ending August 20, 2011 - $634,503.17 3) Pay Period Ending September 3, 2011 - $679,072.36 C. Community Development Referrals — NONE AT THIS TIME D. Authorization to Seek Bids or Proposals of Negotiate Contracts: 1) Electric Aggregation Program Electrical Supply 2) Well Six Roof Replacement 3) Gun Range Heating and Ventilation Replacement 4) Landscape Maintenance Services 5) Employee Uniform Services E) Budget Adjustments —NONE AT THIS TIME F) Electricity Aggregation Program Plan of operation and Governance G) Ordinances & Resolutions: 1) Resolution 2011- AG- FOC -EX2 -R -1124, A Resolution Approving and Authorizing Execution of an Agreement for Internet Services to the Butler VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING SEPTEMBER 13, 2011 Government Center By and Between the Villages of Oak Brook and Comcast Cable Communications Management, LLC. 2) Ordinance G -949 3) Resolution 2011- IGA -AG- ELEC -EXl -R -1122, A Resolution Approving an Intergovernmental Agreement with the Village of Grayslake and Lincolnwood Concerning Electric Aggregation and Authorizing the Village Manager to Accept Bids and to Execute the Electricity Supply Agreement. 4) Resolution 2011 -AG- LIT -R -1125, A Resolution Approving and Authorizing the Execution of a Mutual Release and Settlement Agreement By and Between the Village of Oak Brook and Mario and Nancy Salazar. 5) Ordinance 2011 -PP -S -1317, An Ordinance Authorizing the Sale, Donation, or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook H) Monthly Treasurer's Report —July 31, 2011 Motion by Trustee Manzo, seconded by Trustee Wolin to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 5— Trustees Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Aktipis Motion carried. ITEMS REMOVED FROM CONSENT AGENDA 1) Item Aa. Seyfarth, Shaw, LLP — Legal Services —July, 2011 2) Item Ab. Odelson & Sterk, Ltd. -Legal Services— July, 2011 Trustee Manzo had a few questions regarding the two legal bills. Manager Niemeyer and Assistant Manager Wing answered his questions. Motion by Trustee Manzo, seconded by Trustee Wolin to approve items Aa and Ab. ROLL CALL VOTE: Ayes: 4— Trustees Moy, Wolin, Yusuf and Zannis Nays: 1 — Trustee Manzo Abstain: 0 — None Absent: 1 — Trustee Aktipis Motion carried. 3) Item G2. Ordinance G -949 Attorney Friedman stated the Ordinance has to do with the number of liquor licenses VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING SEPTEMBER 13, 2011 allowed in Oak Brook. He also stated the Ordinance reduced the number of A -1 liquor licenses by one due to the liquor commissioner revoking Sky Bar's license. Motion by Trustee Wolin, seconded by Trustee Manzo to approve Ordinance G -949 ROLL CALL VOTE: Ayes: 5— Trustees Manzo, Moy, Wolin, Yusuf and Zannis Nays 0 — None Abstain: 0 —None Absent: 1 — Trustee Aktipis Motion carried. 9. BOARD & COMMISSION RECOMMENDATIONS A) Grotto Oak Brook — 3011 Butterfield Road — Special Use — Outdoor Dining Area Amend Conditions in Ordinance S -1117 Resident Barbara Richards stated the music at the Grotto lasts until late hours of the night and not much has changed in making an improvement. She also stated that the music from the Grotto echoes and more adjustments need to be made. Resident Margaret Langer stated that the music has bothered them for the third summer in a row. She stated that Board members came to her home to inspect the music level of the Grotto from her balcony. She suggested an Ordinance be passed regarding decimal level of music being played outside. Resident Robert Mesch requested the noise ordinance be modified to include distance and limit the number of hours that the music can be played. He also stated the log book is an ineffective way to track complaints. Community Development Director Kallien stated that he will have public meetings regarding the noise ordinance in order to resolve the issues at hand and residents will be invited., Trustee Zannis stated she would like everyone to keep in mind that many things, including weather, can affect the noise level. Resident Bill Lindeman stated that the log kept at the Grotto is not a good idea and that the Village needs access to the log. He also stated he had no confidence in the way the hearings were held and expressed his rebuttal to the matter. Don Lullo, General Manager of the Grotto, stated they have taken extensive measures to relocate speakers, to undertake acoustical studies, meet with residents of the Tower, and he gave out his cell number to residents with noise complaints. Trustee Manzo stated that he and President Lalmalani went to the Grotto unannounced along with an employee with a decimal reader. He stated that the readings were acceptable and most residents stated that if the level stays as it was that evening, they will be fine with V B,LAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING SEPTEMBER 13,20) 1 it. He also stated he does not see the Grotto raising the music levels after a few weeks of this issue being resolved. He requested that the Grotto keep an eye on the performers since at the end of a performance, some may raise the decimal and/or base level. Trustee Yusuf stated he stopped at the Grotto a few times to investigate and stated the road noise was much louder than the sound of the music. He also stated a no noise ordinance adjustment for distance is unreasonable. He further stated that the Grotto demonstrated that they want to be good neighbors. Trustee Moy stated that members of the Zoning Board were sensitive to the complaints of the Tower residents. He also stated the Grotto addressed the issues and they comply with Village code. He further stated that the decimal readings have been done on an unannounced basis and have been acceptable. Trustee Zannis stated she supports the recommendations and that the Grotto has been very cooperative. Motion by Trustee Moy, seconded by Trustee Manzo to: A) Move to concur with the recommendation from the Plan Commission and Zoning Board of Appeals and approve the requested amendment to Special Use Ordinance S- 1117 to eliminate the timeframe restricting the use of the outdoor dining areas at the Grotto Oak Brook, Kona Grill and McCormick and Schmick, which are all located in the Oak Brook Promenade and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the September 27, 2011 Board of Trustees meeting, and B) Move to concur with the recommendation from the Zoning Board of Appeals and approve an amendment to Special Use Ordinance S -1117 to allow live music on the outdoor dining area of the Grotto Oak Brook restaurant subject to the following conditions: 1. That the Grotto Oak Brook be required to continue and maintain the operational plan that is in place along with the improvements that have been made with regard to the placement of speakers and volume controls as was recommended by Cline & Associates. The improvements are not to be changed or altered. In addition, the Grotto Oak Brook should continue to look for ways to improve the sound situation at the restaurant; and 2. That the log book that is in place be maintained with any complaints logged and addressed. 3. That on occasion the Village is to conduct "unannounced tests" with a noise meter to ensure that the Grotto is complying with the sound levels as contained in Section 13 -3 -10 of the Zoning Regulations; And, authorize the Village Attorney to prepare the necessary ordinance for final consideration at the September 27, 2011 Board of Trustees meeting. C) Move to concur with the recommendation of the Zoning Board and refer the Sound VILLAGE OF OAK BROOK MINUTES Page 8 of 12 REGULAR MEETING SEPTEMBER 13, 2011 Regulations to the Plan Commission and Zoning Board of Appeals for review and possible update. ROLL CALL VOTE: Ayes: 5 — Trustees Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 —None Absent: 1 — Trustee Aktipis Motion carried. 9. UNFINISHED BUSINESS - NONE AT THIS TIME 10. ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS — NONE AT THIS TIME B. ORDINANCES & RESOLUTIONS — NONE 1) Ordinance 2011 -FD- EMS -G -948, An Ordinance Amending Section 3 -2 -5 (Departmental Fees) of Chapter 2 (Fire Department) of Title 3 (Public Safety) of the Village Code of the Village of Oak Brook and Amending Fees for Use of Emergency Medical Services Provided by the Oak Brook Fire Department Trustee Moy stated the Village assesses a user charge for all emergency medical calls involving transportation of a patient to the hospitals. He also stated he supports the ordinance. Chief McEllin stated after reviewing the rate increase over the past year, the recommendation is now to lower the rates based on the following reasons: • Not everyone has insurance; insurance only covers approximately 50% of the ambulance fee • The ambulance fees are only the beginning of medical fees • Our fees are higher than most area communities Trustee Zannis asked for the gross revenues of the previous year. Chief McEllin stated approximately $400,000. He stated the projected 2012 revenue is $500,000 with the reduced rate. Chief McEllin stated a significant amount of complaints have been received since the increase in ambulance fees. He further stated that the Village should charge a fair rate, be able to justify it, and should feel good about it. Trustee Manzo stated he supports the ordinance and that many of the users are not one time users. He also stated the Village's goal should be economic development, not taking more money from our residents and businesses to solve financial problems. Trustee Yusuf stated the proposed fee reduction is fair and reasonable. Motion by Trustee Moy, seconded by Trustee Manzo to approve Ordinance 2011 -FD- VILLAGE OF OAK BROOK MINUTES Page 9 of 12 REGULAR MEETING SEPTEMBER 13, 2011 EMS -G -948, An Ordinance Amending Section 3 -2 -5 (Departmental Fees) of Chapter 2 (Fire Department) of Title 3 (Public Safety) of the Village Code of the Village of Oak Brook and Amending Fees for Use of Emergency Medical Services Provided by the Oak Brook Fire Department. ROLL CALL VOTE: Ayes: 5 — Trustees Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Present: 1 — Trustee Aktipis Motion carried. 2) Resolution 2011 - ECODV -R -1123, A Resolution Regarding HUB Group, Inc. Corporation Relocation Trustee Zannis stated this is about economic development in Oak Brook. She gave a brief description of the HUB Group and their search for a new location for their corporate offices. She stated that Oak Brook is one of the finalists. The Hub Group is looking at constructing an office building on the Irgens property at York Road and Interstate 88. She also stated a financial incentive was offered. One incentive is a 50% reduction in build out permit fees which will normally cost $60,000 and the other is an additional contribution to the developer's roadway improvements in the amount of $150,000 which Irgens will pass along to the developer as a reduction in the square foot lease. Ann Walen, from the HUB Group, thanked Oak Brook with assisting them with their search. She stated that they hope to have a decision made in the next 30 days as to the new location of their corporate office. The Resolution was read by Clerk Pruss. Trustee Manzo stated he supports the resolution and asked if there will be a potential for sales tax revenue to the Village in the future. The answer is no. Andrew Scott, from the Dykema Gossett Law Office, stated what this means to the Village is 325 — 375 new employees, some of whom will move close, dine, and shop in the Village. He also stated the HUB Group does not sell a product that is taxable but the Village will realize those benefits from the additional economic activity. Trustee Wolin stated he strongly supports the resolution and the HUB Group is a premier corporation that will be a great addition to Oak Brook. Trustee Yusuf stated the proposed location is a great one and hopes the HUB Group chooses Oak Brook. He asked for clarification on the Village contribution to roadway improvements. Motion by Trustee Zannis, seconded by Trustee Moy to approve Resolution 2011- VILLAGE OF OAK BROOK MINUTES Page 10 of 12 REGULAR MEETING SEPTEMBER 13, 2011 ECODV -R -1123, A Resolution Regarding HUB Group, Inc. Corporation Relocation. ROLL CALL VOTE: Ayes: 5 — Trustees Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 — None Present: I — Trustee Aktipis Motion carried. 1lIIbvotm 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer stated a blackboard message was sent out regarding the smokey conditions due to a forest fire in Minnesota. B. VILLAGE CLERK Clerk Pruss mentioned the recognition of several Police Officers and Firefighters for various duties. Clerk Pruss stated the Civic Association newsletter and calendar went out this month and a $50 donation is appreciated. C. TRUSTEES Trustee Manzo stated that a recommendation for Prosecution Services will be made at the next Board meeting. Trustee Yusuf stated the Autumn Fest is next week and hopes everyone attends. He also stated the leaf pick -up season is approaching and asked all residents to please not pile the leaves on the street but at the curb. D. VILLAGE PRESIDENT Police Consultant Larson and Fire Chief McEllin thanked the Board for recognizing the Police Officers and Firefighters. President Lalmalani stated he also receives letters commending staff on their great work. Sports Core Director VanDyke stated the Autumn Fest starts at noon on September 25th. He thanked Trustees Yusuf and Wolin for their work on the Autumn Fest. Library Director Madorin stated September is National Library Card Sign -up month and the library is able to accommodate residents at the library. Finance Director Dangles stated sales tax revenues continue to go up and departmental budget meetings have begun. VILLAGE OF OAK BROOK MINUTES Page I I of 12 REGULAR MEETING SEPTEMBER 13, 2011 Public Works Director Hullihan discussed street paving and leaf pickup. Community Development Director Kallien stated tonight's meeting is indicative of Oak Brook's strong economic development and the future is very bright. 12. ADJOURN TO CLOSE SESSION for the purpose of discussing (1) litigation, (2) personnel and legal counsel matters, (3) discussion of minutes of meetings lawfully closed pursuant to Section 2c I and Section 20, Section 2c1 and Section 2c21 of the Illinois Open Meetings Act respectively. Motion by Trustee Moy, seconded by Trustee Yusuf to adjourn to closed session for the purpose of discussing (1) litigation, (2) personnel and legal counsel matters, (3) discussion of minutes of meetings lawfully closed pursuant to Section 2c11 and Section 20, Section 20 and Section 2c21 of the Illinois Open Meetings Act respectively. ROLL CALL VOTE: Ayes: 5 — Trustees Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Present: I — Trustee Aktipis Motion carried. This meeting was adjourned to Closed Meeting at 9:34 pm. 13. ADJOURNMENT Motion by Trustee Yusuf, seconded by Trustee Wolin to adjourn the Regular Meeting of the Board of Trustees at 10:59 pm. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 12 of 12 REGULAR MEETING SEPTEMBER 13, 2011