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Minutes - 07/12/2016 - Board of Trustees MINUTES OF THE JULY 12, 2016 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 9, 2016 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 7:00 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 Donald Adler, John Baar, Mark Moy, Edward Tiesenga, Asif Yusuf ABSENT: Trustee Michael Manzo (arrived immediately after Roll Call) IN ATTENDANCE: Village Manager Rick Ginex; Assistant Village Manager/Finance Director Sharon Dangles, Village Attorney Stewart Diamond; Development Services Director Bob Kallien; Information Technology Director Jim Fox; Police Chief Jim Kruger; Fire Chief Barry Liss; Public Works Director Doug Patchin, Golf Club Manager Sean Creed, Library Director Sue Madorin, Bath & Tennis Club Manager Chris Thompson 3. PRESIDENT’S OPENING COMMENTS A. Proclamation – Athletes of the Year Village Clerk Pruss read the Proclamation and same was presented to Alyssa Scalafani, one of the athletes. President Lalmalani made brief remarks regarding Matt Allen, the other nominated athlete. B. Special Olympics of Illinois Police Chief Kruger introduced Katie Grisham, Jose Moreno and Community Service Officer Mike McTighe and a medal was presented. President Lalmalani stated that Agenda Items #8.A. and #8.B., regarding the Clearwater Development on York Road, were being removed from this agenda and deferred until September 13, 2016. He urged residents to become involved in their Village government by submitting an application to serve on one of the boards and commissions. He remarked about Ralph Maxson’s involvement in the Athlete of the Year nominations over the years. VILLAGE OF OAK BROOK MINUTES Page 1 of 9 REGULAR MEETING OF JULY 12, 2016 President Lalmalani mentioned several sponsors who generously supported the Taste of Oak Brook and fireworks and also thanked Trustee Manzo, fire and police departments and other staff involved in this event. He discussed the future departure of McDonald’s Corporation and potential redevelopment and possible options regarding their Oak Brook property. 4. RESIDENT/VISITOR COMMENTS Resident-Bill Lindeman discussed a FOIA request denial which involved contact information of board and commission members, as well as homeowners association presidents. He requested that the Board resolve this issue with legal counsel and that the contact information be posted on the website. He stated that the application for the boards and commissions could include a waiver to allow contact information of the applicant to be made public. He then talked at length about graffiti (water location markings) on the curbs, and then about Agenda Item #D.8. regarding a purchase of a monitor/defibrillator. 5. APPROVAL OF MINUTES A. Regular Board of Trustees Meeting of June 14, 2016 Motion by Trustee Manzo, seconded by Trustee Yusuf, to approve the Minutes of the Regular Meeting of June 14, 2016. 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 June 24, 2016 - $804,450.88 For Period Ending July 7, 2016 - $349,611.93 Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – May, 2016 - $8,597.50 (FY16 – YTD - $32,832.51) 2) Rathje Woodward, LLC - Legal Services - May, 2016 - $3,333.33 (FY16 – YTD - $19,966.65) TOTAL LEGAL BUDGET FOR 2016 IS $449,000 - TOTAL LEGAL BILLS PAID FOR 2016- YTD - $79,091.90 3) J.A. Johnson Paving – 2016 Street Improvement Project – Payout #1 - $65,235.05 4) Christopher B. Burke Eng. LTD – 2016 Street Improvement Project Design Services – Payout #9 - $27,504.68 VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF JULY 12, 2016 B. Approval of Payroll: 1) For Pay Period Ending June 18, 2016 - $772,771.74 2) For Pay Period Ending July 2, 2016 - $804,887.13 C. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Self Contained Breathing Apparatus 2) Bathroom Remodeling at the Butler Government Center D. Ordinances & Resolutions 1) RESOLUTION 2016-IRMA-R-1578, A Resolution Appointing Representatives to the Intergovernmental Risk Management Agency 2) ORDINANCE 2016-LC-AL-G-1079, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses (Labriola Cafe) 3) RESOLUTION 2016-BD-CL-REC-D-R-1579, A Resolution Authorizing the Destruction of Verbatim Recordings of Certain Closed Meetings of the Village Board of Trustees 4) RESOLUTION 2016-SR-FP-EX-R-1577, A Resolution Approving the Final Plat for the Christ Church of Oak Brook, Illinois in the Village of Oak Brook, Illinois 5) ORDINANCE 2016-ZO-V-EX-S-1467, An Ordinance Granting Variations From the Provisions of Sections: 13-6B-3F-2a, 13-6B-3F-2c, 13-12-3C, 13-12-3E And 13-12-3E-1b(3)(B) of Title 13 (“Zoning Regulations”) of the Village Code of the Village of Oak Brook to Allow for the Construction of the Facilities Development Plan for the Properties Located at 501 Oak Brook Road, 3202, 3212 and 3222 York Road in the Village of Oak Brook 6) ORDINANCE 2016-ZO-SU-EX-S-1468, An Ordinance Approving an Amendment to a Special Use for Christ Church of Oak Brook to Implement a Facilities Development Plan for the Properties Located at 501 Oak Brook Road, 3202, 3212, 3222, and 3306 York Road in the Village of Oak Brook 7) ORDINANCE 2016-PP-S-1469, An Ordinance Authorizing the Sale through Electronic Auction or Broker, Donation or Disposal of Certain Items of Personal VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF JULY 12, 2016 Property Owned By the Village of Oak Brook 8) RESOLUTION 2016-FD-PG-EQ-R-1580, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of a Monitor/Defibrillator E. Village of Oak Brook – Monthly Financial Report – May 2016 Motion by Trustee Adler, seconded by Trustee Manzo, to approve the Consent Agenda with the exception of Items 6.A., 6.A.2), 6.D.3), and 6.D.8.), and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 7. ITEMS REMOVED FROM THE CONSENT AGENDA 6.A. Accounts Payable: For Period Ending June 24, 2016 - $804,450.88 For Period Ending July 7, 2016 - $349,611.93 Trustee Tiesenga questioned entries on the Accounts Payable report which related to the Taste of Oak Brook. Village Manager Ginex explained that the vendors bring in tickets collected and checks are issued by the Village for the vendors’ shares. Motion by Trustee Tiesenga, seconded by Trustee Manzo, to approve this significant item. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 6.A.2) Rathje Woodward, LLC - Legal Services - May, 2016 - $3,333.33 (FY16 – YTD - $19,966.65) TOTAL LEGAL BUDGET FOR 2016 IS $449,000 - TOTAL LEGAL BILLS PAID FOR 2016- YTD - $79,091.90 Motion by Trustee Manzo, seconded by Trustee Baar, to approve this significant item. Trustee Manzo inquired regarding the year-to-date legal bills paid and Trustee Adler asked about the legal budget amount. VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF JULY 12, 2016 ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 6.D.3) RESOLUTION 2016-BD-CL-REC-D-R-1579, A Resolution Authorizing the Destruction of Verbatim Recordings of Certain Closed Meetings of the Village Board of Trustees Motion by Trustee Manzo, seconded by Trustee Baar, to approve this resolution. Trustee Manzo inquired regarding a particular set of minutes which is the subject of a pending Open Meetings Act challenge. Motion by Trustee Manzo, seconded by Trustee Adler, to defer this resolution. VOICE VOTE: Motion carried. 6.D.8 RESOLUTION 2016-FD-PG-EQ-R-1580, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of a Monitor/Defibrillator Motion by Trustee Manzo, seconded by Trustee Baar, to approve this resolution. Trustee Manzo inquired regarding this item and Resident-Bill Lindeman came back up to the podium to re-address the issue. Village Manager Ginex explained the bidding process and stated that Chief Liss had to leave the meeting for a fire call. Discussion ensued regarding the mounting bracket issue which Mr. Lindeman discussed. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. York Road Associates LLC – 2122 York Road – Clearwater Development – Variations – (This item was removed at the beginning of the meeting and continued until September 13, 2016) B. York Road Associates LLC – Clearwater Development – Special Use – Amend Ordinance S-1183 - (This item was removed at the beginning of the meeting and continued until September 13, 2016) C. Oakbrook Shopping Center LLC – Text Amendment – To the B2 District Signage Motion by Trustee Baar, seconded by Trustee Manzo, that the Village Board concur with the recommendations from the Plan Commission and Zoning Board of Appeals VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF JULY 12, 2016 approving the requested text amendment to Section 13-11-9 of the Village Code to permit the construction of wall signage on an adjacent parking deck in a B-2 District with limitations subject to the Adoption of an Ordinance necessary to grant the requested Text Amendment which Ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the August 9, 2016 Board of Trustees meeting. Development Services Director Kallien provided a PowerPoint presentation regarding this item. Brief discussion ensued. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 9. ACTIVE BUSINESS A. Ordinances & Resolutions 1) ORDINANCE 2016-LC-AL-G-1078, An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook Illinois Regarding Liquor Control Within Food Hall Village Manager Ginex explained that this ordinance involves the Oakbrook Center and discussed the amendments to the Village Code. Comments were made and questions were answered by Village Attorney Diamond, Mr. Chuck Fleming and Attorney Danielle Cassel. Motion by Trustee Adler, seconded by Trustee Manzo, to approve passage of Ordinance G-1078, "An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor License Regulations" ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Manzo, Moy, Yusuf Nays: 1 – Trustee Tiesenga Abstain: 0 – None Absent: 0 – None Motion carried. 2) ORDINANCE 2016-STRTSCP-CR-COM-G-1080, An Ordinance Amending Title 2, Chapters 11 And 12, of the Village Code to Consolidate the Village Streetscape Committee and the Village Commercial Revitalization Committee Into the Community Enhancement Committee Village Manager Ginex discussed the history of these Committees and explained the proposed makeup of the combined Committee. Motion by Trustee Baar, seconded by Trustee Manzo, that the Village Board VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF JULY 12, 2016 approve Ordinance 2016-STRTSCP-CR-COM-G-1080, An Ordinance Amending Title 2, Chapters 11 And 12, Of The Village Code To Consolidate The Village Streetscape Committee And The Village Commercial Revitalization Committee Into The Community Enhancement Committee Questions were addressed by Village Manager Ginex and discussed ensued. Development Services Director Kallien discussed what input and insights the Committee would be able to provide. ROLL CALL VOTE: Ayes: 5 – Trustees Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 1 – Trustee Adler Abstain: 0 – None Absent: 0 – None Motion carried. B. Confirmation of Appointments 1) Oak Brook Community Enhancement Committee Motion by Trustee Yusuf, seconded by Trustee Manzo, to approve the appointments to this Committee. Discussion ensued. VOICE VOTE: Ayes-5, Nays-1. Motion carried. C. Total Reconstruction of the North York Road Bridge over I-88 – Cost Sharing between the Illinois Tollway and Village of Oak Brook Discussion Trustee Tiesenga introduced this agenda item and Public Works Director Patchin provided a PowerPoint presentation regarding same and addressed questions. Discussion ensued. 10. INFORMATION & UPDATES A. Village Manager Village Manager Ginex thanked the staff for the great work at the Taste and discussed Chief Kruger’s interview on WGN. B. Village Clerk Village Clerk Pruss echoed the positive comments about Chief Kruger’s interview. C. Trustees Trustee Yusuf wished Village Manager Ginex a speedy recovery. Trustee Adler complimented Assistant Village Manager/Finance Director Dangles and Assistant Finance Director Paprocki on the Comprehensive Annual Financial Report. Trustee Moy thanked the Board for holding the fort down while he was gone. VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF JULY 12, 2016 Trustee Manzo discussed several things, including the upcoming budget and scheduling an extra meeting, McDonald’s property and Chief Kruger’s interview. Trustee Tiesenga discussed the police/protesters’ issue. D. Village Attorney Village Attorney Diamond had nothing to report. E. Village President Information Technology Director Fox commented on a meeting with a representative from the Secretary of State’s Archive Division regarding record retention/destruction. Police Chief Kruger thanked the Board for all the positive comments. He discussed upcoming police events. Public Works Director Patchin updated the Board on a water leak in June which involved the loss of $250,000 gallons of water and damaged the road. He thanked the police department for directing traffic during the 2-day road closure. He addressed comments about the age of the road. Golf Club Manager Creed discussed that golf rounds are up, and remarked about the high usage of the sports core and the polo events. Library Director Madorin discussed the Summer reading program and recognized Theresa Ozark for the great response. Assistant Village Manager/Finance Director Dangles stated that the Citizens Annual Financial Report is on the Village’s website and also that the sales tax is doing very well. Bath & Tennis Club Manager Thompson reported that events are up from last year, as well as polo attendance. Fire Chief Liss reported on a small incident at Wildfire Restaurant. He commented that the fire department stands behind law enforcement and that fire personnel are also involved in recent events. Development Services Director Kallien discussed the Clearwater agenda items which were continued for two months. He reported on current developments and projects. 11. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of meetings lawfully closed under this act, (2) setting of a price for sale or lease of property, (3) collective negotiating matters, and (4) appointment, employment, compensation, VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF JULY 12, 2016 ATTEST: Charlotte K. Pruss Village Clerk discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body pursuant to 2(c)(21), 2(c)(6), 2(c)(2) and 2(c)1 of the Illinois Open Meetings Act, respectively Motion by Trustee Yusuf, seconded by Trustee Moy, to adjourn to closed session at 9:16 p.m. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 12.ADJOURNMENT Motion by Trustee Baar, seconded by Trustee Tiesenga, to adjourn the Regular Meeting of the Board of Trustees at 12:09 a.m. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF JULY 12, 2016 Charlotte K. Pruss /s/