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Minutes - 11/27/2012 - Board of TrusteesMINUTES OF THE NOVEMBER 27, 2012 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 11, 2012 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 7:06 p.m. 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 Stelios Aktipis, Michael Manzo, Mark Moy, Gerald Wolin, AsifYusuf, and Elaine Zannis. ABSENT: None IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Community Development Director; Sharon Dangles, Finance Director; Tom McEllin, Fire Chief; Sue Madorin, Library Director; James Kruger, Police Chief; Mike Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. PRESIDENT'S OPENING COMMENTS President Lalmalani stated that he has put together a group of interested residents to form a Working Group on District 53 Boundary and Related Issues. President Lalmalani and Trustees Manzo and Zannis will serve on the group. He also stated that they and Trustee Moy participated at the group's first meeting. He stated that it was a productive meeting and he thanked District 53 Board President, Alan Hanzlik and Superintendent Sandra Martin for working with the group. He also stated that they heard some excellent advice from the attorney representing Timber Trails in their attempt to annex into School District 53. The next meeting will be January 2151 at Village Hall at 7:00 pm. President Lalmalani stated that on Monday, December 10th at 7:00 pm the Village will hold a Committee -of -the -Whole meeting to discuss the proposal from District 53 to purchase Sports Core land to build a new school. The purpose of the meeting will be to get residents and community leaders input on whether the Village should negotiate an agreement with the School District that will allow them to build a new school on Sports Core property. Residents who cannot attend and would like to offer input should contact President Lalmalani or Manager Niemeyer. President Lalmalani congratulated Peter Friedman and Holland & Knight's Chicago - based Illinois Local Government Group for receiving top rankings in Government VILLAGE OF OAK BROOK MINUTES Page I of 9 REGULAR MEETING OF NOVEMBER 27, 2012 Relations, Land Use and Zoning, and Eminent Domain and Condemnation Litigation in the 2013 U.S. News — "Best Law Firms" listings. President Lalmalani changed the order of a few agenda items. He moved the Cemetery discussion to the beginning of Board and Commission Recommendations. Also, he stated that the Board will discuss both the hotel marketing plan and the retainer agreement under the Board and Commission Recommendations following the cemetery and Ace Hardware sign recommendation. 4. RESIDENTNISITOR COMMENT Residents and visitors who signed up to speak will do so during the agenda item. 5. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF NOVEMBER 8, 2012 Motion by Trustee Manzo, seconded by Trustee Moy to approve the minutes of the Special Board of Trustees Meeting of November 8, 2012. VOICE VOTE: Motion carried. B. EXECUTIVE MEETING MINUTES OF OCTOBER 23, 2012 Motion by Trustee Wolin, seconded by Trustee Yusuf to approve the minutes of the Executive Meeting of October 23, 2012. 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 November 20, 2012 - $141,730.42 Significant Items included in Above: 1) Hervas, Condon & Bersani, P.C. - Legal Services — September & October, 2012 - $2,936.32 (FY12 — YTD - $20,602.88) 2) Holland & Knight LLP — Legal Service — October, 2012 - $25,809.70 (FY 12 — YTD - $167,042.18) TOTAL LEGAL BILLS PAID FOR 2012 — $395,077.46 B. Approval of Payroll for Pay Period Ending November 10, 2012 - $642,955.61 C. Community Development Referrals — NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Forestry Services 2) Printing Services VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF NOVEMBER 27, 2012 E. Budget Adjustments — NONE F. Ordinances & Resolutions 1) Ordinance 2012- TC -RR -G -986, An Ordinance Amending Chapter 2 (Traffic Schedules) of Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook in Relation to 16`h Street 2) Ordinance 2012 -PP -S -1356, An Ordinance Approving the Transfer of Ownership of Police K -9 "Brutus" Motion by Trustee Manzo, seconded by Trustee Wolin, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin,,Yusuf, and Zannis Nays: 0 — None Abstain: 0 —None Absent: 0 —None Motion carried ITEMS REMOVED FROM CONSENT AGENDA —NONE 8. BOARD & COMMISSION RECOMMENDATIONS A. Village of Oak Brook — Cemetery — Text Amendment Trustee Moy stated that Oak Brook has elected not to implement codes on cemeteries in its 50 year history up until now due to concerns raised by residents. He stated that at its November 5, 2012 meeting, the Zoning Board of Appeals held the required public hearing and completed its review and deliberations on a request from the Village of Oak Brook to consider amendments to the Zoning Ordinance to provide further clarity to the regulations that govern the placement of future buildings and structures in existing and future cemeteries within the Village of Oak Brook. It was approved unanimously by the Zoning Board of Appeals. Motion by Trustee Moy, seconded by Trustee Zannis to concur with the recommendation from the Zoning Board of Appeals with regard to the approval of the requested text amendments to the Zoning Ordinance as attached relative to cemeteries subject to the following condition: 1. Adoption of an ordinance necessary to grant the requested text amendments, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the December 11, 2012 Board of Trustees meeting. Resident Tony DiCanio reminded the Board that the matter at hand is due to the failure of the Village to enforce its codes. He stated that the proposed text amendments will be useless if not enforced. He also stated that the two issues that remain to be considered are the proposed screening along the western border of Bronswood Cemetery and that there is VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF NOVEMBER 27, 2012 not a provision for penalties should the proposed or existing ordinance be ignored. Trustee Zannis asked Community Development Director Kallien to explain the different sizes of structures that can be built at cemeteries. After his explanation, she stated that the Village should be able to contain how big a structure can be. She also asked Attorney Friedman if there is any way to insure that future Boards enforce the ordinances and penalties. Attorney Friedman stated that if the text amendments are adopted, they are enforceable. He also stated that the extent which the Village enforces its codes is a matter of discretion. He further stated that there is a provision in the Illinois Municipal Code that allows residents to enforce the code if they believe the Village is not doing so and that residents may be able to recover their legal fees. The Attorney for Stonemor and Bronswood Cemetery stated that what the ZBA has recommended is a give and take from discussions between the cemetery and other parties involved. He discussed issues concerning screening and further regulations on square footage of structures. He also stated that they appreciate the opportunity to participate from day one in meetings with residents, Village staff, and ZBA hearings. Trustee Aktipis suggested that the regulations put forward have specifics that limit the square footage, or volume, of structures that can be built at cemeteries. He suggested tabling this matter until the issues regarding size and screening are addressed between the Village and the cemeteries. He also stated that there is a need for screening anytime a mausoleum structure of 20 feet or higher if it is built adjacent to existing residents. He suggested that existing mausoleums that meet this criteria be screened as well. Trustee Yusuf asked Representatives from Stonemor what the largest possible structure in terms of square foot and footprint that they can envision putting on the site. The Regional Vice - President for Stonemor stated that based on the site; there is approximately 12,000 square feet of land that is available to build a community mausoleum. Discussion ensued regarding available buildable land and Trustee concerns regarding potential sizes of new mausoleums. Community Development Director Kallien suggested getting the subgroup back together to come up with a solution to pending issues. Trustee Moy suggested getting the specific concerns of the Board regarding limiting the size of new mausoleums and screening to the subgroup for resolution. Trustee Aktipis also suggested including the two existing mausoleums in the provisions regarding landscaping and screening. Trustee Yusuf is hesitant in applying the screening standards to existing structures. Resident Carrie Kremer asked Attorney Friedman to explain a provision in the Illinois Municipal Code that allows residents to enforce the code if they believe the Village is not and recover their legal fees. Attorney Friedman gave a brief history of this issue and explained that the Village's interpretation of the zoning code and previous policy of not enforcing the code at the VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF NOVEMBER 27, 2012 cemeteries. Resident Mario Vescovi feels that the cemetery issue needs to be put to rest. Attorney Friedman stated the citation he was referring to and stated that he concurs with Trustee Aktipis that once the new text amendments are made that they are enforceable like all other zoning code provisions by fines and the ability of the Village to seek removal of structures built without proper permits or inconsistent with the text amendments. Trustee Aktipis extended his appreciation to all residents and parties involved on bringing a very complicated problem very close to a resolution. Motion by Trustee Aktipis, seconded by Trustee Zannis to table this item until the next Board meeting. VOICE VOTE: Motion carried. Village of Oak Brook — Cemetery — Landscape /Screening Agreement Trustee Moy stated that the Zoning Board felt that the landscaping and screening still have to be worked out between the parties involved. Trustee Wolin stated that the Board needs to vote on the landscaping issue as soon as possible. Trustee Aktipis asked if an agreement on landscaping and screening can be reached before the next Board meeting. Community Development Director Kallien stated that there are constricting conditions that need to be worked on before an agreement can be reached. Motion by Trustee Aktipis, seconded by Trustee Zannis to table this item until the next Board meeting and potentially the meeting after if an agreement has not been reached. Trustee Moy stated that the main motion does not finalize anything and just allows for discussions to continue between the interested parties and therefore sees no good coming from tabling this item. Trustee Aktipis withdrew his motion of tabling this item. Discussion ensued regarding whether or not to table this item, the landscaping/screening of mausoleums along Adams Road, and the potential agreement between the Village and other interested parties as recommended by the ZBA. The Attorney for Stonemor and Bronswood Cemetery expressed his dissatisfaction with suggested burdens and responsibilities being placed on them. He also stated that they will work in a cooperative manner with the Village and other interested parties regarding landscaping and screening along Adams Road. Trustee Aktipis stated that he still feels that the Village needs to have a clearer understanding on how the landscaping will be done. VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF NOVEMBER 27, 2012 Motion by Trustee Moy, seconded by Trustee Wolin to concur with the recommendation from the Zoning Board of Appeals to finalize an agreement between the Village and all other interested parties with regard to the issue of landscaping/screening along that portion of Adams Road, adjacent to the Bronswood Cemetery. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 — None Abstain: 0 —None Absent: 0 —None Motion carried. B. Ace Hardware — Sign Variations — 2200 — 2222 Kensington Court Trustee Moy stated that this is a request from Ace Hardware to put a sign on the building that will be visible from I -88 and from the front of the building. He stated that the sign is very appropriate and does not cause any aesthetic problems. A representative of Ace Hardware passed around pictures of the new sign. Trustee Manzo asked if this item is to approve the building sign only. Trustee Moy stated yes and that the request for the monument sign has been withdrawn. Trustee Wolin stated that he supports the sign and that it does not look out of place. Trustee Yusuf stated that the sign is reasonable and not out of line. Motion by Trustee Moy, seconded by Trustee Wolin to concur with the recommendation from the Zoning Board of Appeals with regard to the approval of the requested variations to Sections 13 -11 -4 and 13 -I1 -10 to permit the installation of a 247.5 square foot wall sign on each of the buildings located at 2200 and 2222 Kensington Court, subject to the following conditions: 1. The proposed signs shall be constructed in substantial conformance to the approved plans; 2. The background panel is to match the design and color of the existing building so that it aesthetically matches the building's architectural features and is not visible when installed; 3. Add the condition "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"; and 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 December 11, 2012 Board of Trustees meeting. VOICE VOTE: Motion carried C. 2013 Hotels of Oak Brook Strategy and Marketing Plan — PRESENTATION ONLY Robert Grusin, President of Point B Communications, presented a PowerPoint VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF NOVEMBER 27, 2012 presentation that included the following: • Point B Communications at a glance • 2012 Performance Recap • 2013 Objectives President Lalmalani asked that Polo be coupled with a weekend get -away promotion in 2013. Trustee Zannis pointed out that the budget source is the Hotel Tax Program which is funded by the hotel/motel tax and not the General Fund. D. RESOLUTION 2012 - MRKTG -AG -EXI -R -1215, A Resolution Approving and Authorizing the Execution of a Retainer Fee Services Agreement for Advertising and marketing Service By and Between the Village of Oak Brook and Point B Communications Motion by Trustee Zannis, seconded by Trustee Moy to approve Resolution 2012 - MRKTG -AG -EXI -R -1215 A Resolution Approving and Authorizing the Execution of a Retainer Fee Services Agreement for Advertising and marketing Service By and Between the Village of Oak Brook and Point B Communications as recommended by the Oak Brook Hotel, Convention, and Visitors Committee and authorize the Village Manager to execute the proposed 2013 Hotels of Oak Brook Strategy and Marketing Plan. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 — None Motion carried 9. UNFINISHED BUSINESS —NONE 10. ACTIVE BUSINESS A. Confirmation of Appointments — NONE B. Ordinances & Resolutions —NONE C. Award of Contracts — NONE 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer suggested that before the next Board meeting everyone meet again to focus on a tutorial of the iPad. B. VILLAGE CLERK VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF NOVEMBER 27, 2012 Clerk Pruss announced that on December 1, 2012 at 1:00 pm at the Oak Brook Library, the Fullersburg Historic Foundation will present A Living History Program. Clerk Pruss reminded everyone that voter registration can be done at the Village Hall and the Library. Clerk Pruss announced that she is starting to get results from precincts from the November election and that she is happy with the results so far. C. TRUSTEES Trustee Yusuf wished everyone a safe and happy upcoming holiday season. Trustee Moy wished Rose Kane a successful surgery and speedy recovery. Trustee Manzo touched on the working group meeting on District 53 boundary and related issues held last night. He thanked President Lalmalani and the Trustees who attended. He stated that it was a very productive meeting that gave everyone in attendance insight on the annexation process. He also touched on the positives that came out of last night's meeting. He further stated that the second meeting will be held on January 21, 2013. Trustee Wolin requested other Trustees to get him comments on Manager Niemeyer's evaluation by Friday. D. VILLAGE ATTORNEY - NONE E. VILLAGE PRESIDENT Chief Kruger asked everyone to help keep this holiday season safe and gave pointers on having a safe holiday shopping season such as keeping their vehicles locked and to put purchased items in the trunk. 12. ADJOURNMENT TO CLOSED SESSION, For the purpose of discussing (1) appointment, employment, compensation, discipline, performance, or dismissal of specific employees (2) sale or lease of property owned by the Village, and (3) minutes of meetings lawfully closed under this act pursuant to section 2c(11), 2c(6), and 2c(21) of the Illinois Open Meetings Act, respectively Motion by Trustee Zannis, seconded by Trustee Wolin to adjourn to closed session for the purpose of discussing (1) appointment, employment, compensation, discipline, performance, or dismissal of specific employees (2) sale or lease of property owned by the Village, and (3) minutes of meetings lawfully closed under this act pursuant to section 2c(11), 2c(6), and 2c(21) of the Illinois Open Meetings Act, respectively ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF NOVEMBER 27, 2012 Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried This meeting was adjourned to Closed Session at 9:04 pm. 13. ADJOURNMENT Motion by Trustee Yusuf, seconded by Trustee Manzo, to adjourn the Regular Meeting of the Board of Trustees at 10:16 pm. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF NOVEMBER 27, 2012