Village of Homer Glen

Village of Homer Glen 14933 South Founders Crossing Homer Glen, Illinois 60491 June 12, 2012 Board of Trustees Board Meeting Village Board Room 14917 South Founders Crossing Homer Glen, IL

A. CALL TO ORDER The meeting was called to order on June 12, 2012 by Mayor Jim Daley at 7:36 p.m. in the Village Board Room, 14917 S. Founders Crossing, Homer Glen. B. PLEDGE OF ALLEGIANCE TO THE FLAG C. ROLL CALL Present at 7:36 p.m. were Mayor Jim Daley, Trustees Mike Costa, Marcia DeVivo, Tedd Kagianas, Mary Niemiec, Margaret Sabo and George Yukich. All remained throughout the meeting. Also present on behalf of the Village were Village Clerk Gale Skrobuton, Village Manager Cameron Davis, Development Services Director Mike Salamowicz, Assistant to the Village Manager-Planning and Zoning Erin Venard and Village Attorney Burt Odelson. A quorum was established. D. AMENDMENTS TO THE AGENDA Mayor Daley asked for a motion to add Land Acquisition for discussion in Executive Session. Trustee Costa made a motion to add the discussion of Land Acquisition to Executive Session; second by Trustee Yukich. Voice Vote: All in favor: (6) Trustees Costa, DeVivo, Kagianas, Niemiec, Sabo and Yukich. E. APPROVAL OF MINUTES May 22, 2012 Village Board Meeting Trustee DeVivo made a motion to approve the May 22, 2012 Village Board meeting Minutes; second by Trustee Kagianas. Voice Vote: All in favor: (6) Trustees Costa, DeVivo, Kagianas, Niemiec, Sabo and Yukich. F. APPOINTMENT 1. Trustee Sabo made a motion to approve the Mayor s appointment of Hersch Collins to the Environment Committee effective until Committee appointments in May, 2013; second by Trustee Costa. Village of Homer Glen Page 1 of 10

G. REPORTS AND COMMUNICATIONS FROM MAYOR AND OTHER OFFICERS 1. Mayor Daley reported:. Thursday, June 14 th is Flag Day in the United States. The Mayor encouraged all Homer Glen residents to proudly display their American flags on this day.. The Mayor and Village Manager are communicating with Village subdivision homeowner association presidents in an effort to schedule informational presentations on the Home Rule referendum. The Home Rule referendum is an important issue for the Village and the Mayor stated that he looks forward to working with the presidents of these homeowner associations in preparation for the November referendum.. There will be a ribbon cutting for Rehab Connections at 2:30 p.m. on Wednesday, June 13 th. This business is located a few doors down from the Village offices at 14901 S. Founders Crossing. Another ribbon cutting will occur on Monday, June 18 th at 2:30 p.m. at Gold Max, which is located at 13124 S. Bell Road. The Mayor encouraged everyone to try to visit these new businesses and welcome them to our community.. On Saturday, June 9 th, Community and Economic Development Committee Chair and Village Trustee Tedd Kagianas, Village Manager Davis and the members of the Community and Economic Development Committee headed out for another round of business connect site visits. Trustee Kagianas will fill everyone in on this fantastic outing under his report.. The Mayor congratulated the 10U Homer Heat for winning the Spring Slamfest tournament at Ho Chunk Sports.. On Monday, June 11 th Homer Glen, Bolingbrook, Woodridge, Romeoville and Lemont joined together to officially form the Northern Will County Water Agency. The water agency was formed with the goal of purchasing the Bedford Park water transmission line from an Illinois American Water subsidiary in an effort to stabilize Illinois American Water s ongoing, outrageous water rate increases. The Mayor commended everyone involved in getting this new agency up and running. 2. Trustees: a. Trustee Costa No Report b. Trustee Yukich reported that the Homer Community Festival will be held June 21 st thru the 24 th. The Festival will include live bands, a carnival, bean bag tournament and local restaurants and businesses. c. Trustee Sabo reported: ENVIRONMENT COMMITTEE:. Homer Glen Lands Day The official day for National Public Lands Day in the United States is Saturday, September 20 th. Homer Glen Lands Day is in its 11 th year and continues to be celebrated in conjunction with National Public Lands Day. The September 25th Board meeting will start at 7 p.m. to accommodate the Homer Public Lands Day ceremony and for the presentation of the Community and Nature in Harmony Awards to individuals, organizations, businesses, and government agencies. Plans are underway to plant a native tree on a public property which will be selected at a later date. Village of Homer Glen Page 2 of 10

The Homer Glen web site, www.homerglen.org, will have the nomination application and information. Applications are available at the Village office and the table at the Village Board Room entrance.. Rudd-Welter House on Bell Road The Environment Committee s scope of work includes history. The Committee is recommending that the Village pursue and investigate a way of saving the Rudd-Welter House on the west side of Bell Road and south of the Creamery. This building is historically and architecturally significant because of its Italianate style. The farmstead was established in the 1950 s but only the farmhouse remains. It is listed in the Rural Historic Structural Survey of Homer Township, September 2002.. Environment Committee New Member Trustee Sabo congratulated Hersch Collins for being appointed as a new member of the Environment Committee. He has already assisted the Committee in many ways. The Committee continues to seek new members. Individuals can submit their information through the Village s web site. c. Trustee Kagianas reported that on Saturday, June 9 th the Community and Economic Development Committee held a special meeting and visited many of our local business owners, managers and operators to thank them for their role in our community and ask a series of questions through a survey. The Committee will be planning the third phase of the Business Connect site visits to our local businesses in the near future. d. Trustee Niemiec reported that the Sewer and Water Task Force will meet on Monday, June 25 th at 7:00 p.m. Trustee Niemiec invited Village Manager Davis to attend the meeting to share information with the Task Force. e. Trustee DeVivo reported:. There is a continued effort to complete the Hereos Trail System. Silt fences are being removed, grass is being cut and we are still working on seeding and clean-up of the areas and this should be completed shortly. Trustee DeVivo stated that residents and neighbors are taking advantage of the trail system.. The Board will be reviewing the proposed new Comprehensive Village of Homer Glen Park Rules and Regulations Ordinance during the Workshop portion of tonight s meeting for future Board approval. 3. Village Treasurer No Report 4. Village Clerk No Report 5. Village Attorney No Report 6. Task Force Chairperson(s) No Report 7. Public Safety Officials No Report 8. Village Manager Davis reported:. Manager Davis congratulated everyone on the official formation of the NWCWA (Northern Will County Water Agency). All of the communities voted unanimously to form the agency.. The Village of Homer Glen will be hosting the first official meeting of NWCWA. All meeting dates will be publicly poster.. Manager Davis congratulated Mayor Daley and Mayor Claar from Bolingbrook on being appointed as the first co-chairs of NWC JAWA. Other officers include: (1) Vice-Chair Mayor Brian Reaves Village of Homer Glen Page 3 of 10

of Lemont; (2) Secretary, Mayor John Noak of Romeoville; and (3) Treasurer, Mayor Bill Murphy of Woodridge will serve as Treasurer.. There have been some delays in getting the silt fences removed on the Hereos Trail, but they are coming down starting today. The Village has been receiving some calls regarding what areas are and are not being mowed along the trail. Manager Davis stated that he is personally looking into what areas are in question for mowing or lack thereof.. Manager Davis reported that Highway Commissioner Mike DeVivo has sent letters to all residents who live on 138 th Street to let them know about the intended roadway improvements and providing them with a phone number if they have any questions or concerns. H. PUBLIC COMMENT 1. Rich Osterben, 14541 S. Bell Road commented that he has been unable to obtain permits from the Village that will allow him to make improvements to his property on Bell Road. Mr. Osterben distributed information to the Mayor and Village Board pertaining to his request for permits. Mayor Daley commented that this address is a topic of discussion in Executive Session. I. LEGISLATION 1. Ordinance No. 12-027 An Ordinance Pertaining to the Regulation of False Alarms for the Village of Homer Glen, Will County, Illinois, Subject to the Village Attorney s Review and Approval. Trustee Yukich made a motion to approve Ordinance No. 12-027; second by Trustee Costa. Village Manager Davis commended the Public Services and Safety Committee for the work they did on researching this ordinance and putting together their recommendations. Manager Davis stated that in 2011 the Village had 587 total false alarms of which 301 came from addresses that had only 1-3 false alarms. There were 31 of those addresses that had four or more false alarms with the highest number of false alarms reaching 15 at one address. This ordinance puts something in place that encourages those people who have repetitive false alarms to fix their systems so that they are no longer potentially endangering anyone from emergency response moving quickly to their home. Manager Davis reviewed the changes to the ordinance that were received from the Village attorney which included legal language that had inadvertently left out and the deletion of repeated language in the ordinance. 2. Motion to Approve a Memorandum of Understanding between Will County and Homer Glen for the Resurfacing of Provencal Drive, within the Limits of the 143 rd Street Right-Of-Way, in the Dawnwood Subdivision and to Direct the Mayor to Sign the Agreement. Trustee Costa made a motion to approve the Memorandum of Understanding and Direct the Mayor to sign the Agreement; second by Trustee Kagianas. Village of Homer Glen Page 4 of 10

3. Resolution No. 12-005 A Resolution Concerning the Waiver of Surety Bonds for Construction on State Highways. Trustee Sabo made a motion to approve Resolution No. 12-005; second by Trustee Yukich. Trustee Sabo asked if the Village would assume liability for the work done by the State of Illinois or any damages to person or property due to accidents that may occur during the performance of the work. Manager Davis stated that the resolution includes standard language from the State of Illinois and they will not allow any changes to the language. This relates to any work that the Village completes. It is not the State s intention that the Village takes on any liability for work that is done by anyone other than the Village. 4. Ordinance No. 12-029 An Ordinance Approving a Side Yard Setback Variance and a Driveway Setback Variance from the Applicable Regulations of the Zoning Ordinance for the Property Commonly Known as 15218 Vaysee Court, Homer Glen, Illinois and which is Located in an R-3 Single-Family Residential Zoning District. Trustee DeVivo made a motion to approve Ordinance No. 12-029; second by Trustee Costa. 5. A Motion to Approve a Proclamation Recognizing Motorcycle Awareness Month. Trustee Costa made a motion to approve the Proclamation; second by Trustee Yukich. Village of Homer Glen Page 5 of 10

The Mayor read the Proclamation. 6. Ordinance No. 12-028 An Ordinance Amending Ordinance No. 01-022 Providing for the Control of Alcoholic Liquor. Trustee DeVivo made a motion to approve Ordinance No. 12-028; second by Trustee Sabo. This ordinance removed Section 20.k.vi. from the Liquor Control ordinance 01-022 which prohibits the Village from Holding a Live Entertainment Permit and conducting a pyrotechnic display. Ordinance 08-054 allows for pyrotechnic displays to be conducted once a permit is obtained from the Village. J. WORKSHOP ITEMS 1. Discussion and Presentation on Proposed New Comprehensive Village of Homer Glen Park Rules and Regulations Ordinance. Trustee DeVivo thanked the Parks and Recreation Committee for all the work they did on developing the new Comprehensive Park Rules and Regulations ordinance. Manager Davis gave a brief power-point presentation and review of the proposed rules and regulations which included the items listed below. 1. Section A: Definitions which include 18 separate definitions. 2. Section B: Construction, Scope and Severability which includes the required legal language. 3. Section C: General Rules which include rules pertaining to: (a) Hours; (b) Restricted Access; (c) Prohibited items, behavior and activities; (d) Bicycling rules on the Heroes Trail; (e) Animal and pet requirements; (f) Application and processing process for permits; (g) Fines; and (h) Parking restrictions. 4. Section D: Patron Property and the process for returning and disposing of lost and found items. 5. Section E: Ordinance Enforcement which includes: (a) Parental responsibility; (b) Police enforcement; (c) Violation and fines; and (d) Adjudication. Mayor Daley thanked the Parks and Recreation Committee for their time spent on putting together a very comprehensive rules and regulation ordinance. The Mayor asked if it was the recommendation of the Committee not to charge a permit fee for special use of the parks. Village of Homer Glen Page 6 of 10

Manager Davis noted that the Village Board reviews all of the fees on an annual basis. The Parks Committee determined that any permit fees for special use of the parks could be addressed by the Board at the time when all fees are reviewed. Mayor Daley asked if the Parks Committee had discussed requiring a deposit from the person submitting the application to cover any damages that may be done to the Village parks and property. Manager Davis noted that the ordinance does include language requiring a deposit for larger events and suggested that we could also look at requiring a deposit for other events. The Board discussed how the rules could be conveyed to the people who use the park. Suggestions from the Board included posting the main rules on a sign at each park with the remainder of the rules posted on the Village web site. Manager Davis stated that staff has photos of signs that are posted in park districts that have been acknowledged nationally and will be using those examples, along with the suggestions from Village Board members regarding signage and website postings. Trustee Niemiec voiced her concern about the 10:30 p.m. closing time of the Trail System. Trustee Niemiec noted that since our Village is constructed without sidewalks or access points to our businesses, many of our residents walk home late at night from some of the Village s establishments that close after 10:30 p.m. Trustee Niemiec stated that she would not like to see people walking down Bell Road as opposed to taking the trail system. She suggested that the Board needs to address what the intent is for the trail system, one of which was to create pedestrian access to our business district. Manager Davis stated that staff will review the language in the ordinance to make certain it clearly addresses the use of the trail systems by pedestrians after 10:30 p.m. The ordinance does allow residents to use the trail after 10:30 p.m. to walk home for Village establishments. Trustee Niemiec suggested that for safety reasons the Parks Committee might want to look into putting some small solar lighting that will provide enough visibility along the trail. Trustee Niemiec suggested that the Village look into the cost of providing disposal bags at certain points along the trail or in the parks for the collection of dog waste. Manager Davis will follow-up on this suggestion. Trustee Niemiec asked if the language that addresses people not being allowed to sleep in the parks unless they obtain a permit would protect our Village from any situation where a protest would gather. Attorney Odelson commented that at this time, the language would protect the Village. Mayor Daley asked the Board to review the Ordinance and direct any suggestions and questions to the Village Manager. 2. Presentation by Farnsworth Group with Follow-up for Questions and Answers. Mayor Daley stated that the Board has talked about the Farnsworth Group and the interpretation of the Lighting Ordinance at two prior meetings. The Mayor stated that in order to address some questions from the Board concerning the review process of the Village s Lighting Ordinance he has invited Farnsworth Group to give a presentation to the Board on their experience in providing the different aspects of engineering to their clients. Aaron Quick, Vice President of Farnsworth Group stated that they have been working with the Village since 2010 by providing the review process for developer s plans and the Lighting Ordinance. Mr. Quick gave a brief history of the full service engineering company and staff qualifications. Village of Homer Glen Page 7 of 10

Brian Fisher, Engineering Manager spoke on the specific plan review services Farnsworth provides to the Village and their approach to meeting all ordinance requirements and construction practices of the Village. Mr. Fisher noted that there was a misunderstanding on the level of service that Farnsworth was to provide for the Village following their first review of the lighting plans for the Speedway Gas Station. Farnsworth has since met with Village staff to discuss the issues and clarify the expectations of the Village for Farnsworth s review of the lighting plans. Trustee Sabo commented that our Lighting Ordinance is different from others and Homer Glen has received many honors and recognitions for the Ordinance. Trustee Sabo asked if the applicants are aware that the Village s Lighting Ordinance requires them are to provide full cut-off lighting. Mr. Fisher commented that the applicant is aware that the ordinance requires full cut-off lighting; however, sometimes it is difficult to get that information from the manufacturer of the lighting to be certain that the lighting included in the plans are full cut-off. Farnsworth will be working with the developers to get the information needed to make certain that the fixtures are full cut-off before Farnsworth approves the plans. Mr. Fisher stated that Farnsworth is fully committed to meeting the requirements of the Village s Lighting Ordinance. Trustee Sabo stated that the applicants need to know that our Ordinance requires: (1) Full cut-off lighting; (2) A Lumen budget of 100,000 lumens; (3) Reduction of light trespass; and (4) Use of certain types of light. Trustee Sabo noted that Homer Glen s Lighting Ordinance is known for its easy use and we have had a lot of success with this. Trustee Sabo commented that she would like the process to be very easy by eliminating any unnecessary steps. She recommended that the photometric plan should be one of the first plans to be submitted for any development. Mayor Daley stated that there is an order to submitting plans and the photometric plan usually follows as a result of the meetings and approvals received from the Village. Mr. Fisher commented that after the preliminary plans are received, Farnsworth can give the developer a list of the required submittals early in the process so the developer can prepare for the required information. Manager Davis noted that Brian Fisher will discuss the process that Farnsworth follows for the review of plans with any of the Board members on an individual basis if they have any further questions. Mr. Fisher will make his business contact information available to Board members. Trustee Sabo commented that the Lighting Ordinance has never slowed down development and has been an integral part of the process for the properties that the Village has previously reviewed. Mayor Daley recommended that Farnsworth make suggestions to the Village Staff so we can better equip our developers and builders with what they need to move this process along effectively and efficiently. K. OLD BUSINESS There was no Old Business. L. NEW BUSINESS Trustee Yukich asked if a Board Workshop Meeting could be scheduled for discussion on the: (1) Sign Ordinance; (2) Lighting Ordinance; and (3) Codification. Trustee Yukich stated that there has been some concern among the local businesses and residents as to the restrictions for placement and types of signs that are allowed in the Village Sign Ordinance. A Workshop meeting would give the Board an opportunity to discuss the allowable signage, in addition to any questions on the Lighting Ordinance and Codification of the ordinances. Village of Homer Glen Page 8 of 10

M. EXECUTIVE SESSION Trustee Costa made a motion to recess to Executive Session for the purpose of discussing: (1) Pending Litigation; and (2) Executive Session Minutes; (3) Land Acquisition; and (4) Employment Performance and Compensation; second by Trustee Niemiec.. Nays: (0) The Board recessed to Executive Session at 9:21 p.m. Trustee Costa made a motion to reconvene the Board meeting; second by Trustee DeVivo. Voice Vote: All in favor: (6) Trustees Costa, DeVivo, Kagianas, Niemiec, Sabo and Yukich. The Board reconvened the meeting at 10:26 p.m. Present at 10:26 p.m. were Mayor Jim Daley, Trustees Mike Costa, Marcia DeVivo, Tedd Kagianas, Mary Niemiec, Margaret Sabo and George Yukich. Also present were Village Clerk Gale Skrobuton, Village Manager Cameron Davis and Village Attorney Burt Odelson. Trustee Costa made a motion to approve but not release the Executive Session minutes of March 31, 2010, October 26, 2010, January 26, 2010, April 13, 2010 and September 28, 2010; second by Trustee Yukich.. Nays: (0) Trustee Costa made a motion to approve and release the Executive Session minutes of August 10, 2010; second by Trustee Niemiec. Ayes: (4) Trustees Costa, Niemiec, Sabo and Yukich. Nays: (0) Abstained: (2) Trustees DeVivo and Kagianas Village of Homer Glen Page 9 of 10

N. ANY AND ALL OTHER BUSINESS 1. Resolution No. 12-006 A Resolution Authorizing Entry of a Final Judgment Order in a Condemnation Lawsuit Concerning a Parcel of Real Estate Located at the Intersection of 143 rd Street and Lemont Road, Homer Glen, Illinois. Trustee Yukich made a motion to approve Resolution No. 12-006; second by Trustee Niemiec.. Nays: (0) Trustee Yukich asked if a date could be set for a special Workshop meeting to discuss the items he mentioned under NEW BUSINESS: (1) Sign Ordinance; (2) Lighting Ordinance; (3) Codification; and (4) Strategy for the Home Rule referendum. Manager Davis commented that a Special Workshop can be scheduled based on available dates. Trustee Costa suggested that the Board go back to having a Workshop on the 2 nd Tuesday of each month and a Regular Board Meeting on the 4 th Tuesday of each month. Trustee Sabo commented that she would still like to see a formal agreement between the Village of Homer Glen and Debbie Luginbuhl that defines her advisory role and the scope of what she is willing to do in the review process of the lighting plans for current and future developments, along with the Farnsworth Group. The Mayor stated that Mrs. Luginbuhl had conveyed to him that she would like to volunteer to work with the Village in an advising capacity for review of the lighting plans, but did not want to enter into any type of contract or agreement with the Village. Mayor Daley stated that the Farnsworth Group will be reviewing the lighting plans and Mrs. Luginbuhl will volunteer her services in an advisory capacity. L. ADJOURNMENT Trustee Yukich made a motion to adjourn the meeting; second by Trustee Sabo. Voice Vote: All in favor: (6) Trustees Costa, DeVivo, Kagianas, Niemiec, Sabo and Yukich Motion carried. The meeting was adjourned at 10:49 p.m. Gale Skrobuton, Village Clerk Approved at the Board of Trustees Meeting dated June 26, 2012 Village of Homer Glen Page 10 of 10