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
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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
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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
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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.
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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
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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
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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
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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