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Minutes - 09/26/2017 - Board of Trustees VILLAGE OF OAK BROOK MINUTES Page 1 of 8 REGULAR MEETING OF SEPTEMBER 26, 2017 MINUTES OF THE SEPTEMBER 26, 2017 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 10, 2017 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, Philip Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, Trustee Asif Yusuf ABSENT: None IN ATTENDANCE: Village Manager Rick Ginex, Finance Director Jason Paprocki, Village Attorney Keri-Lyn Krafthefer, Public Works Director Doug Patchin, Information Technology Director Jim Fox, Police Chief Jim Kruger, Fire Chief Barry Liss, Head Librarian Jacob Post, Bath & Tennis Club Manager Chris Thompson, Development Services Director Tony Budzikowski 3. PRESIDENT’S OPENING COMMENTS President Lalmalani removed Agenda Item 6.C.1. from the Consent Agenda. He remarked about religious holidays: Rosh Hashanah, Yom Kippur, Muharram and Al-Hijra. He then mentioned the American Heart Association Heart Walk held on September 23rd and the American Lung Association’s Lung Force Walk on September 24th in Oak Brook. President Lalmalani mentioned that the Annual Chicago South Asian Film Festival runs from September 29th through October 1st at the Oakbrook AMC Theatre. 4. RESIDENT/VISITOR COMMENT Attorney Mark Daniel stated that he has delivered a draft lawsuit against the Village to the Board. He stated that he is petitioning for reconsideration of the Board’s decision regarding the development project in Wennes Estates. He commented about issues between the developer, Mr. Romanelli, and Trustees, and also the Red Light Camera litigation. Resident-William Lindeman spoke regarding the Park District’s requested changes, and safety on Forest Gate Road. 5. APPROVAL OF MINUTES A. Special Meeting Minutes of September 12, 2017 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Special Meeting of September 12, 2017. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF SEPTEMBER 26, 2017 B. Regular Board of Trustees Meeting Minutes of September 12, 2017 Motion by Trustee Yusuf, seconded by Trustee Baar, to approve the Regular Meeting Minutes of September 12, 2017. Trustee Tiesenga offered two amendments on page 8 of these Minutes. Motion by Trustee Manzo, seconded by Trustee Yusuf, to approve the Regular Meeting Minutes of September 12, 2017, as amended. 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 September 21, 2017 - $1,350,473.24 Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – August 2017 - $8,500.00 (FY17 – YTD - $128,000.84) 2) Clark, Baird, Smith, LLP – Legal Services – August 2017 - $552.50 (FY17 – YTD - $9,166.25) TOTAL LEGAL BUDGET FOR 2017 IS $293,100 - TOTAL LEGAL BILLS PAID FOR 2017- YTD - $179,742.90 3) DuPage Convention & Visitors Bureau – Co-op Advertising – June – August 2017 - $ 57,796.27 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2017 IS $344,460.00 – TOTAL PAID FOR 2017 – YTD - $118,438.77 4) Paramedic Services of Illinois, Inc. – Services Rendered – September 2017 - $43,009.00 .. 5) DuPage Water Commission – Operation and Maintenance Costs – August 2017 - $581,422.72 6) IRMA – August Deductible - $22,103.07 7) J.A. Johnson Paving Co. – Job #1610 – Final 09/11/17 - $120,015.52 8) Christopher B. Burke Engineering, Ltd. – York Road Resurfacing Project Phase III - Professional Services from July 30, 2017 to August 26, 2017- $21,417.40 9) Health Care Services Corporation – BCBS – HMO Illinois – 10/01/17 to 11/01/17 - $33,010.09 10) Airport Electric – BGC Electrical Upgrade – September 2017 - $131,659.72 B. Approval of Payroll for Pay Period Ending September 9, 2017 – 782,507.82 C. Ordinances & Resolutions 1) RESOLUTION 2017-BSLMUSEUM-CNTRCT-R-1667, A Resolution Approving and Authorizing the Award and Execution of a Contract for the Oak Brook Heritage Center Masonry Restoration Project By and Between the Village of Oak brook and Reef Services of Illinois (removed during the President’s comments) VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF SEPTEMBER 26, 2017 2) ORDINANCE 2017-ZO-SU-EX-S-1508, An Ordinance Amending an Existing Special Use Permit Relating to the Oak Brook Park District’s Master Plan for the Property Located at 1300-1500 Forest Gate Road 3) ORDINANCE 2017-ZO-TA-G-1112, An Ordinance Approving a Text Amendment to Chapter 7 of the Zoning Ordinance of the Village of Oak Brook, Illinois Regarding the Permitted and Special Uses in the B-2 District 4) ORDINANCE 2017-LY-EX-S-1509, An Ordinance Adopting a Revision to the Collection Management Policy for the Village of Oak Brook Public Library 5) RESOLUTION 2017-ENG-AG-R-1666, A Resolution Authorizing the Execution of an Amendment to the Agreement By and Between the Village and Engineering Resource Associates, Inc. 6) Resolution 2017-PW-SALT-PG-R-1665, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Village to Join in the State’s and DuPage County’s Cooperative Purchasing Program for Deicer Salt D. Village of Oak Brook – Monthly Financial Reports – August 2017 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Consent Agenda and authorize the expenditures, with the exception of Items 6.A.5., 6.C.2., 6.C.4., 6.C.5., as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 7. ITEMS REMOVED FROM THE CONSENT AGENDA 6.A.5) DuPage Water Commission – Operation and Maintenance Costs – August 2017 - $581,422.72 Motion by Trustee Tiesenga, seconded by Trustee Manzo, to discuss/approve this item. Trustee Tiesenga remarked on the increasing costs of the water and that a working group is being started to address this issue. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF SEPTEMBER 26, 2017 6.C.2) ORDINANCE 2017-ZO-SU-EX-S-1508, An Ordinance Amending an Existing Special Use Permit Relating to the Oak Brook Park District’s Master Plan for the Property Located at 1300-1500 Forest Gate Road Motion by Trustee Tiesenga, seconded by Trustee Manzo, to discuss this item. Trustee Tiesenga discussed concerns he has with some of the text in this Ordinance, and its relation to S-1403, regarding the lighting standards, and suggested additional liability language. Attorney Steve Adams, representing the Park District, came to the podium to clarify some of the issues and express his concerns with the suggested amendment. Park District Board Member Tom Truedson expressed his opposition to the additional language suggested for this Ordinance. Opinions were expressed by the Board regarding the additional liability language. Plan Commission Member Rahma Hassan and Resident-Bob Aprati expressed their opinions regarding this Ordinance and additional liability language. Attorney Steve Adams returned to the podium and addressed some of the comments made and reiterated his opposition to the amendment to the Ordinance. Resident-Bob Aprati returned to the podium and discussed agreeing to the additional liability language. Motion by Trustee Tiesenga, seconded by Trustee Manzo, to approve the amendment language. ROLL CALL VOTE: Ayes: 4 – Trustees Baar, Manzo, Tiesenga, President Lalmalani Nays: 3 – Trustees Cuevas, Saiyed, Yusuf Abstain: 0 – None Absent: 0 – None Motion carried. Village Attorney Krafthefer stated that a 2/3 majority of the Trustees is required for the actual approval of the Special Use and discussed different options and requirements. Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Ordinance as amended. ROLL CALL VOTE: Ayes: 4 – Trustees Baar, Manzo, Tiesenga, Yusuf Nays: 2 – Trustees Cuevas, Saiyed Abstain: 0 – None Absent: 0 – None Motion carried. 6.C.4) ORDINANCE 2017-LY-EX-S-1509, An Ordinance Adopting a Revision to the Collection Management Policy for the Village of Oak Brook Public Library Trustees Tiesenga and Baar commended the Library and Jacob Post on updating the Collection Management Policy. Motion by Trustee Tiesenga, seconded by Trustee Baar, to adopt Ordinance S-1509, to adopt the revision to the Collection Management Policy for the Oak Brook Public Library. VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF SEPTEMBER 26, 2017 ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 6.C.5) RESOLUTION 2017-ENG-AG-R-1666, A Resolution Authorizing the Execution of an Amendment to the Agreement By and Between the Village and Engineering Resource Associates, Inc Motion by Trustee Tiesenga, seconded by Trustee Manzo to discuss this item. Public Works Director Patchin explained the reason for this additional expenditure and addressed questions from the Board. Motion by Trustee Tiesenga, seconded by Trustee Manzo, to approve Amendment No. 1 and amend Phase III Engineering Services Agreement with Engineering Resource Associates, Inc. for the 22nd Street and York Road Beautification and Lighting Project and approve Resolution R-1666. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. Lizzadro Properties, LLC – 1220 Kensington Road – Planned Development Motion by Trustee Baar, seconded by Trustee Manzo, to concur with the recommendation from the Planned Development Commission and approve the proposed Lizzadro Museum planned development subject to the following conditions: 1. Development is to be in substantial conformance with the approved plans including all requested waivers and variations from the Village Code for the Lizzadro Museum project including: A. To permit a museum use on the property; B. To allow a wall sign to be installed at the center of the building; C. To allow 2 wall signs on a street frontage, and increase the total number of wall signs allowed per building from 2 to 3; D. To allow the wall signs to exceed the maximum sign size allowed per sign face as depicted on the plans; E. To allow an encroachment into the front yard setback along Kensington Road to accommodate the projection of the sign to approximately 86’-7” and for the canopy to approximately 33’-2” (as shown on the approved site plan). 2. Compliance with all other Village Ordinance requirements at time of building permit application except as specifically varied or waived. 3. Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the October 10, 2017 Board of Trustees meeting. VILLAGE OF OAK BROOK MINUTES Page 6 of 8 REGULAR MEETING OF SEPTEMBER 26, 2017 Louis Lizzadro provided a PowerPoint presentation illustrating the planned development. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 9. UNFINISHED BUSINESS A. Azavar Presentation B. Ordinances & Resolutions 1) RESOLUTION 2017-FI-MUN-TX-FEE-AUDIT-R-1662, A Resolution Approving a Contingent Fee Professional Services Agreement Between the Village of Oak Brook and Azavar Audit Solutions, Inc. to Perform a Municipal Audit Program Motion by Trustee Manzo, seconded by Trustee Baar, to move that the Village Board approve Resolution R-1662, “A Resolution Approving a Contingent Fee Professional Services Agreement Between The Village of Oak Brook and Azavar Audit Solutions, Inc to Perform a Municipal Audit Program.” Tom Fagan from Azavar Audit Solutions, Inc. provided a PowerPoint presentation. Mr. Fagan and Finance Director Paprocki addressed questions from the Board. Opinions were expressed. Motion by Trustee Manzo, seconded by Trustee Cuevas, to defer this item. VOICE VOTE: Motion carried. Resident-William Lindeman returned to the podium and remarked about parcels of land that McDonald’s owns and taxes being paid to the wrong entities. 2) RESOLUTION 2017-SL-D86-R-1664, A Resolution Opposing any Change in Hinsdale Township High School District 86 School District Attendance Boundaries Impacting Students Who Reside in Oak Brook and Encouraging the District 86 School Board to Maintain Attendance Boundaries Keeping Oak Brook Students at Hinsdale Township High School Central Village Manager Ginex discussed this Resolution. Motion by Trustee Yusuf, seconded by Trustee Manzo, to approve this Resolution. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 10. ACTIVE BUSINESS VILLAGE OF OAK BROOK MINUTES Page 7 of 8 REGULAR MEETING OF SEPTEMBER 26, 2017 A. Finance Discussion Finance Director Paprocki provided a PowerPoint presentation regarding the expenditures and revenues of the Village operations. Questions from the Board were addressed by him. Village Manager Ginex responded regarding comments made at the last meeting regarding the Williams Architect (Golf) matter, and he clarified that the Golf Surcharge Fund has existed since 1991. He read from Board minutes of different meetings going forward since then. He stated that it is an account under the Sports Core Fund. He also referred to the Williams Architect fees. Discussion ensued regarding this Fund, and it was stated that the Golf Surcharge Fund is a source of revenue which gets absorbed by operating expenditures. B. 2017 Public Safety Pension Funding Finance Director Paprocki provided a PowerPoint presentation regarding the different pension funds’ contribution recommendations. Comments were made and questions were addressed by Finance Director Paprocki. 11. INFORMATION & UPDATES A. Village Manager Village Manager Ginex had nothing to report. B. Village Clerk Village Clerk Pruss had nothing to report. C. Trustees Trustee Manzo addressed comments made earlier in the meeting by a member of the audience, and he clarified discussions made at the meeting of the Home Owners Association Presidents. D. Village Attorney Krafthefer had nothing to report. E. Village President Information Technology Director Fox discussed photos and information on the Village’s website. Police Chief Kruger reminded everyone to lock their cars and keep key fobs out of their cars when exiting the car, and to engage home burglar alarms. Public Works Director Patchin discussed that staff is working on drainage issues, and that leaf collection will begin soon. He also mentioned the water system modeling and road projects. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of meetings lawfully closed under this act, and (2) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, and (3) probable or imminent litigation against or by the Village, pursuant to 2(c)(21) 2(c)(1), and 2(c)11 of the VILLAGE OF OAK BROOK MINUTES Page 8 of 8 REGULAR MEETING OF SEPTEMBER 26, 2017 ATTEST: Charlotte K. Pruss /s/ Charlotte K. Pruss Village Clerk Illinois Open Meetings Act, respectively Motion by Trustee Yusuf, seconded by Trustee Manzo, to adjourn to closed session at 9:58 p.m. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 13. ADJOURNMENT Motion by Trustee Cuevas, seconded by Trustee Manzo, to adjourn the Regular Meeting of the Board of Trustees at 11:38 p.m. VOICE VOTE: Motion carried.