Minutes - 05/26/2015 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 10 REGULAR MEETING OF MAY 26, 2015
MINUTES OF THE MAY 26, 2015 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON JUNE 9, 2015
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, John Baar, Michael Manzo, Mark Moy,
Edward Tiesenga, and Asif Yusuf.
ABSENT: Trustee Donald Adler
IN ATTENDANCE: Village Manager Rick Ginex; Finance Director/Assistant Village
Manager Sharon Dangles; Community Development Director Robert Kallien,
Jr.; Engineering/Public Works Director Michael Hullihan; Information
Technology Director Jim Fox; Fire Chief Barry Liss, Human Resource
Generalist Kate Andris, Village Attorney Peter Friedman.
3. PRESIDENT’S OPENING COMMENTS
President Lalmalani remarked on the meaning and importance of Memorial Day.
A. Joseph R. Hartmann EMS Excellence Award
President Lalmalani congratulated the Fire Department on receiving the 1st runner-up of
the annual Dr. Joseph R. Hartmann Award for EMS excellence from Good Samaritan
Hospital and remarked about Dr. Hartmann. Chief Barry Liss provided background on this
award and named the department responders and described the August, 2014 incident that
resulted in this award.
Then President Lalmalani discussed that the Village of Oak Brook experienced an influx of
nearly 2,000 demonstrators on May 20th and close to 1,000 on May 21st which coincided
with McDonald’s annual shareholders meeting. He stated that these demonstrators came
from all over the country to protest the minimum wage and that over the past five months
the police department prepared for this event to insure that there were present the necessary
resources to protect the rights of the demonstrators as well as the rights of the business
owners and the safety of residents. President Lalmalani stated that no arrests were made
and there were no injuries to participants or law enforcement personnel. He thanked the
police and fire departments, as well as the nearly 150 other law enforcement agencies that
participated in this event.
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President Lalmalani stated that many comments have been received lately regarding
Electric Aggregation and why the electricity rates have gone up. He apologized for the
quality of the first mailing. He then stated that the higher prices for electricity through the
Village's aggregation program reflect two primary variables:
1. Higher regional capacity costs. Capacity costs are charged to all accounts within
the region and are set through an auction process. Money generated from capacity
charges are transferred to power plant operators to ensure that those plants will be
available to operate during the summertime peak periods. Capacity rates are set for
each compliance year which run from each June through May. The new
aggregation rates reflect the higher capacity rates that start in June 2015.
2. Cost shifting by ComEd. ComEd is responsible for allocating capacity and
transmission costs among its rate classes. Starting in June 2015, larger residential
accounts will be allocated a higher proportion of capacity and transmission costs.
The portfolio of residential accounts within the Village of Oak Brook is generally
higher than average, and therefore will carry higher capacity and transmission costs
in the form of higher energy prices.
President Lalmalani stated that a 3.8% cost savings in the summer months and
approximately 5% after September is projected with the new company with which the
Village is contracting.
4. RESIDENT/VISITOR COMMENTS - None
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF MAY 12, 2015
Motion by Trustee Baar, seconded by Trustee Manzo, to approve the minutes of the
Regular Board of Trustees Meeting of May 12, 2015. 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 May 21, 2015- $833,936.46
Significant Items included in Above:
1) Holland & Knight LLP – Legal Services – April, 2015 - $8,981.00
(FY15 – YTD - $54,362.40)
2) Seyfarth, Shaw, LLP – Legal Services –April, 2015 - $435.00 (FY15– YTD -
$6,907.95)
3) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services –
VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETING OF MAY 26, 2015
April, 2015 - $3,957.72 (FY15 – YTD - $7,944.46)
4) Rathje Woodward, LLC - Legal Services - April, 2015 - $3,333.33 (FY15 – YTD -
$13,333.32)
TOTAL LEGAL BILLS PAID FOR 2015 - YTD - $84,262.13
5) DuPage Water Commission – April, 2015 - $400,136.15
6) Illinois Department of Transportation – Payout #2 & Final – TS Improvements –
22nd/Jorie/McDonalds’s per attached Agreement - $38,984.27
7) Currie Motors Fleet – 2015 Ford F450 - $64,436.00
B. Approval of Payroll for Pay Period Ending May 9, 2015 - $711,599.49
C. Community Development Referrals
1) Multi-Owners/Multi-Parcels – Approximately Forty (40) Acres Located on
Canterberry Lane, Hunt Club Lane and Oak Brook Road (31st Street) – Map
Amendment
D. Ordinances & Resolutions
1) RESOLUTION 2015-WA-MAIN -AG-R-1465, A Resolution Approving and
Authorizing a Professional Services Agreement by and Between the Village of Oak
Brook and Thomas Engineering Group, LLC For Construction Engineering
Services Related to the 2015 Water Main Project
2) RESOLUTION 2015-ENG-BRIDGE-AG-R-1466, A Resolution Approving and
Authorizing a Professional Services Agreement by and Between the Village of Oak
Brook and Crawford, Murphy and Tilly, Inc. for Engineering Services Related to
the 2015 Bridge Improvement Project
3) RESOLUTION 2015-IMRF-R-1462, A Resolution Amending R-621 and
Appointing the Authorized Agent Representing the Village of Oak Brook, Illinois
in the Illinois Municipal Retirement Fund
4) RESOLUTION 2015-JS-AG-R-1464, A Resolution Approving an Extension to the
Janitorial Services Agreement by and Between the Village of Oak Brook and
Perfect Cleaning Service Corporation
5) ORDINANCE 2015-BU-EX-S-1429, An Ordinance Authorizing an Amendment to
the 2015 Budget
6) RESOLUTION 2015-ENG-STDY-AG-R-1467, A Resolution Approving and
Authorizing a Professional Services Agreement by and Between the Village of Oak
Brook and Christopher B. Burke Engineering, Ltd for the Preparation of a Luthin
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Road Outlet Study
7) RESOLUTION 2015-SC-GOLF-PG-R-1468, A Resolution Approving the Waiver
of Competitive Bidding and Authorizing the Purchase of a Mower
8) ORDINANCE 2015-PP-S-1430, An Ordinance Authorizing the Sale, Donation or
Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook
9) ORDINANCE 2015-LC-AL-G-1047, An Ordinance Amending Chapter 1 of Title 4
of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor License
Regulations
10) ORDINANCE 2015-CNSTRCT-BND-G-1049, An Ordinance Amending Section
4, of Chapter 7, of Title 1 (Administration) of the Village Code of the Village of
Oak Brook Relating to Construction Contract Bond
11) RESOLUTION 2015-AG-SETT-PL-R-1463, A Resolution Approving and
Authorizing the Execution of a Settlement Agreement by and Between the Village
of Oak Brook and Robert Mudra
12) RESOLUTION 2015-POLO-AG-R-1461, A Resolution Approving and
Authorizing the Award of an Agreement to Hinsdale Magazine, Inc. for
Advertising Services for the 2015 Polo Season
E. Monthly Treasurer’s Report – April 30, 2015 & Major Fund Financial
Motion by Trustee Tiesenga, seconded by Trustee Baar, to approve the Consent Agenda
and authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 5 – Trustees Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 1 – Trustee Adler
Motion carried.
7. ITEMS REMOVED FROM THE CONSENT AGENDA
6.C.1) Multi-Owners/Multi-Parcels – Approximately Forty (40) Acres Located on
Canterberry Lane, Hunt Club Lane and Oak Brook Road (31st Street) – Map Amendment
Motion by Trustee Baar, seconded by Trustee Manzo, to first discuss this item and then
approve for referral to the Plan Commission and subsequently the Zoning Board for public
hearing.
Community Development Director Kallien stated that this map amendment is in effect a
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zoning change which will eventually go to the Planning Commission and then to public
hearing at the Zoning Board. He stated that it is somewhat unique in that it involves nine
land owners of eleven parcels and that these clusters of parcels are not all contiguous.
Community Director Kallien stated that the area is zoned R-1, which requires a minimum
two-acre lot size and the applicants are seeking to go to R-2, which would allow one-acre
minimums. Village Attorney Friedman affirmed that per the Village Code that the
procedure is that a zoning matter comes before the Village Board for deferral to the Plan
Commission and the Zoning Board for public hearing. Trustee Baar discussed the issues
encompassing approximately 40 acres and the importance of careful review by the Plan
Commission and Zoning Board.
Mr. Arthur Zwemke, Manager of the Robert Arthur Land Company, spoke about the
zoning request and the limitations of the lots and affirmed that this request is for re-zoning
only, not resubdivision or re-platting.
Brief discussion ensued and then President Lalmalani reiterated the motion above.
VOICE VOTE: Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS
A. Real Urban Barbecue – 2119 Clearwater Drive – Variation – Side Yard Setback
Motion by Trustee Moy, seconded by Trustee Yusuf, to concur with the recommendation
from the Zoning Board of Appeals and approve the request from Real Urban Barbecue
Oak, LLC, on behalf of York Road Retail West, LLC, the owner of the property, for a
variation to Section 13-10E-3C.2 of the Zoning Ordinance in order to facilitate the
construction of an outdoor dining area adjacent to the Real Urban Barbecue restaurant
subject to meeting the following conditions:
1. The proposed development shall be constructed in substantial conformance to the
approved plans as submitted.
2. Approval of the special use for outdoor dining as proposed.
3. 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.
4. Adoption of an ordinance necessary to grant the requested variation, which
ordinance the Village Attorney shall by this motion be directed to prepare for
consideration at the June 9, 2015 Board of Trustees meeting.
Community Development Director Kallien stated that the variation needs to be approved to
encroach into the outer yard before the special use can be approved. He discussed the
reason for the variation.
VOICE VOTE: Motion carried.
B. Real Urban Barbecue – 2119 Clearwater Drive – Special Use – Outdoor Dining Area
Motion by Trustee Moy, seconded by Trustee Yusuf, to concur with the recommendation
from the Plan Commission and Zoning Board of Appeals and approve the request from
Real Urban Barbecue Oak, LLC, on behalf of York Road Retail West, LLC, the owner of
the property, for a special use to operate an outdoor dining area to be located at 2119
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Clearwater Drive subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance
with the plans as modified to include the installation of a second means of egress
from the patio area.
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:
a. A maximum seating capacity for 64 patrons may be provided in the outdoor
dining area.
b. No live music, dancing or other outdoor entertainment will be permitted in the
outdoor dining area.
4. The landscaping surrounding the patio will be enhanced by adding four additional
trees around the perimeter for a total of 7 trees.
5. Comply with all other applicable rules and ordinances of the Village of Oak Brook
including the lighting requirements.
6. 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.
7. Adoption of an ordinance necessary to grant the requested special use, which
ordinance the Village Attorney shall by this motion be directed to prepare for
consideration at the June 9, 2015 Board of Trustees meeting.
Community Development Director Kallien stated that all three restaurants at this location
will now have outdoor dining. Trustee Yusuf remarked about using LED lights.
VOICE VOTE: Motion carried.
9. UNFINISHED BUSINESS
A. Heritage Center Heating Ventilation and Air Conditioning (HVAC) Project Phase I
and Phase II – Motion to Reject Bids Or Approval of Resolutions
1) RESOLUTION 2015-BSLMUSEUM-CNTRCT-R-1470, A Resolution Approving
and Authorizing the Award and Execution of a Contract Relating to Phase 1 of the
Heritage Center Improvements by and Between the Village of Oak Brook and
Troop Contracting, Inc.
2) RESOLUTION 2015-BSLMUSEUM-CNTRCT-R-1471, A Resolution Approving
and Authorizing the Award and Execution of a Contract Relating to Phase 2 of the
Heritage Center Improvements by and Between the Village of Oak Brook and Oak
Brook Mechanical Services, Inc
Motion by Trustee Tiesenga, seconded by Trustee Manzo, that the Board reject all bids for
the Heritage Center HVAC Project (Phase I and Phase II) and direct staff to program the
VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING OF MAY 26, 2015
project in the 2020 fiscal year. President Lalmalani discussed that he received an email
from Kathy Maher who requested that the Board defer this item to the next meeting due to
a family emergency. Patrice Macken, Secretary for the Heritage Center Board, stated that
this issue was delegated to Ms. Maher by the Heritage Center Board.
Motion by Trustee Baar, seconded by Trustee Manzo, to defer this matter until the next
meeting.
Engineering/Public Works Director Hullihan discussed that if the June 1st deadline is
missed, then this means none of the bidders are held to their submitted bids, but could
voluntarily honor their bids at a later time. Discussion ensued regarding whether to defer
this matter.
VOICE VOTE: Motion to Defer carried, with Trustee Manzo voting Nay.
10. ACTIVE BUSINESS
A. Ordinances & Resolutions
1) ORDINANCE 2015-FI-HM-TX-G-1048, An Ordinance Amending Title 5, Chapter
5 of The Village Code Regarding The Hotel Beautification District
Motion by Trustee Moy, seconded by Trustee Yusuf, to approve Ordinance 2015-FI-HM-
TX-G-1048, An Ordinance Amending Title 5, Chapter 5 of the Village Code Regarding
the Hotel Beautification District.
Engineering/Public Works Director Hullihan explained the proposed boundaries of the
Hotel and Tourism District and the expansion of the areas where the hotel tax could be
spent on specific projects. Discussion ensued regarding expansion to the entire corporate
limits and more flexibility to use the hotel tax without the geographic constraints.
Engineering/Public Works Director Hullihan stated that this was suggested by the
Commercial Revitalization and Streetscape Committees and could be viewed as a first step
toward further expansion. He added that the immediate impetus for this is that there are
two projects ready to start which do not have a funding source.
Jeff Kennedy, Chairman of the Commercial Revitalization and Streetscape Committees,
explained the history of the Hotel District and discussed the reasons for the proposed
change to the Hotel District and for not including the entire corporate boundaries.
Discussion ensued.
ROLL CALL VOTE:
Ayes: 5 – Trustees Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 1 – Trustee Adler
Motion carried.
2) RESOLUTION 2015-PL-IS-R-1469, A Resolution Approving the Waiver of
Competitive Bidding and Authorizing the Purchase of Insurance Benefits for
Employees
Motion by Trustee Moy, seconded by Trustee Manzo, to waive competitive bidding and
approve the staff recommendation and direct staff to execute Agreements after receiving
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final attorney review with BlueCross BlueShield (BC/BS) of Illinois for Group Health
Insurance Coverage, Third Party Administrator (TPA) Service, and Stop Loss Insurance
for the Plan Year starting July 1, 2015 through June 30, 2016; and also to approve the staff
recommendation and direct staff to execute an Agreement after receiving final attorney
review with Delta Dental for the Plan Year starting July 1, 2015 through June 30, 2016.
Human Resource Generalist Kate Andris discussed staff’s recommendations in a
PowerPoint presentation and affirmed that the four other companies marketed all declined
to submit proposals. Discussion ensued and Mesirow Representative, Brian Diedrich,
explained that the four largest insurance carriers in terms of group business had been
approached: Humana, United HealthCare, CIGNA and Blue Cross/Blue Shield. He
remarked that the renewal terms for fixed expense quoted by Blue Cross/Blue Shield
resulted in a decrease and a reduction of about $18,000. He added that the Village’s rate
for claims’ liability increased, but that this will only be paid if those claims occur. Mr.
Diedrich stated that when an insurance company sees these types of rates they are not
anxious to quote. Further discussion ensued.
ROLL CALL VOTE:
Ayes: 4 – Trustees Baar, Moy, Tiesenga, Yusuf
Nays: 1 – Trustee Manzo
Abstain: 0 – None
Absent: 1 – Trustee Adler
Motion carried.
B. Consolidation of Plan Commission and Zoning Board of Appeals
Trustee Baar stated that he and Community Development Director Kallien have discussed
ways in which to expedite and eliminate the redundancies in the permitting process.
Community Development Director Kallien stated that the idea of eliminating these
redundancies came out of the 2008 discussions regarding the Commercial Revitalization
Plan. He said that there are a number of things which go to both the Plan Commission and
Zoning Board of Appeals which lengthen the process by thirty days or more. He said to
eliminate redundancies in the current processes and to streamline the processes for
customers, staff is recommending that the Board consider two options:
1. Maintain the current Plan Commission and Zoning Board of Appeals, but redefine
their duties to eliminate any redundancies that exist.
2. Consolidate the Plan Commission and Zoning Board of Appeals into a single seven
(7) to nine (9) member Planning and Zoning Commission that could be given the
responsibilities assigned to the three standing commissions/boards. Such a change
would in fact streamline the processes by eliminating redundant meetings and
would result in a decrease of staff time spent on processing applications and other
Village expenses before the Plan Commission, Zoning Board of Appeals and
Planned Development Commission.
Discussion ensued regarding practices in other communities and streamlining the process.
Community Development Director Kallien remarked that the most efficient option for staff
is to have a single body. He discussed that the Zoning Board has a higher level of review
than the Plan Commission which typically acts as an advisory body. He affirmed that the
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duties and responsibilities of the three bodies are delineated in his Agenda Memorandum.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Village Manager Ginex expressed appreciation regarding the planning and efforts the
police and fire departments put into preparing and handling the protest event.
B. VILLAGE CLERK
Village Clerk mentioned that June 23rd is “Take Care of Business Day” at the Library,
from 10:00 a.m. to 2:00 p.m.
C. TRUSTEES
Trustee Yusuf thanked the police and fire departments for their handling of the protest
event. He commented on Memorial Day and also the Electric Aggregation Program.
Trustee Moy echoed others’ comments regarding the efforts of the staff in the protest
event and welcomed Trustee Tiesenga.
Trustee Baar commended the staff for the handling of the protest event and also
Community Development Director Kallien for his ideas.
Trustee Manzo thanked Chief Kruger and Village Manager Ginex for their handling of
the protest event.
Trustee Tiesenga remarked that it is a pleasure working with the Board and having open
dialogues. He also thanked the public safety staff for their performance during the protest
event. He commented on the unfunded pension liability issue and the reports provided by
Finance Director/Assistant Village Manager Dangles and Foster & Foster. He also
discussed issues and needed legislative changes in Springfield.
D. VILLAGE ATTORNEY
Village Attorney Friedman had nothing to report.
E. VILLAGE PRESIDENT
Community Development Director Kallien stated that a permit in the amount of $123,000
for the first phase of the mall theater project had been issued and that another $60,000 or
$70,000 is expected as they do the build-out. He mentioned that Cmap released an
estimated population of over 8,000 for the Village.
12. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of
meetings lawfully closed under this act, (2) collective negotiating matters, and (3)
litigation matters, (4) appointment, employment, compensation, discipline, performance, or
dismissal of specific employees of the public body pursuant to 2c(21), 2c(2), 2c(11), and
VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING OF MAY 26, 2015
2c(1) of the Illinois Open Meetings Act, respectively.
Motion by Trustee Yusuf, seconded by Trustee Manzo, to adjourn to closed meeting at
8:40 p.m.
ROLL CALL VOTE:
Ayes: 5 – Trustees Baar, Manzo, Moy, Wolin, Yusuf
Nays: 0 – None
Abstain: 1 – Trustee Adler
Absent: 0 – None
Motion carried.
13. RECONVENE – The closed meeting was adjourned and reconvened to open meeting at
9:30p.m.
14. ADJOURNMENT
Motion by Trustee Manzo seconded by Trustee Moy to adjourn the Regular Meeting of the
Board of Trustees at 9:30 pm. VOICE VOTE: Motion carried.
ATTEST:
/s/Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk