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Minutes - 01/08/2013 - Board of TrusteesMINUTES OF THE JANUARY 8, 2013 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 22, 2013 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 7:04 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, Mark Moy, Gerald Wolin, Asif Yusuf, and Elaine Zannis. ABSENT: Trustee Michael Manzo (arrived at 7:22 pm) 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. 3. PRESIDENT'S OPEN COMMENTS President Lalmalani welcomed and thanked everyone for coming. He stated that a resident suggested that the Board look at updating the ethics code and create an Ethics Commission. This will be discussed at a future meeting. President Lalmalani stated that he and Village Manager Niemeyer met with Mr. Don Thompson, the new President and CEO of McDonald's Corporation. McDonalds will commit to $100,000 to co- sponsor the 2013 Taste of Oak Brook. He also stated that they discussed working cohesively on employee transit and public safety. President Lalmalani stated that since there are many residents who wish to address the School District topic, we will have resident comment on this issue at the beginning of the agenda item, IO.B. Residents will speak first and then the Trustees will make their comments. 4. RESIDENTNISITOR COMMENT Trustee Aktipis read a letter he submitted to the local newspaper explaining his reasons for not running for reelection in April. He thanked all his good friends in Oak Brook for their loyal support and encouragement over the years. He stated that Oak Brook is a special place and that it has been a privilege serving the residents. He stated that his VILLAGE OF OAK BROOK MINUTES Page 1 of 12 REGULAR MEETING OF JANUARY 8, 2013 experience as a Trustee has been very gratifying and he benefited tremendously in his attempt to serve Oak Brook. He also stated that he appreciates Oak Brook residents and that it is the residents who truly make Oak Brook a beautiful place to live. He thanked all community leaders for all their hard work in making Oak Brook a beautiful and unique community. Finally, Trustee Aktipis thanked current and former Board members and Oak Brook employees and stated that it had been an honor serving Oak Brook. President Lalmalani thanked Trustee Aktipis for his distinguished service and gracious comments. 5. APPROVAL OF MINUTES A. SPECIAL COMMITTEE OF THE WHOLE MEETING OF DECEMBER 10, 2012 Motion by Trustee Zannis, seconded by Trustee Wolin to approve the minutes of the Special Committee of the Whole Meeting of December 10, 2012. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Manzo Motion carried B. REGULAR BOARD OF TRUSTEES MEETING OF DECEMBER 11, 2012 Motion by Trustee Zannis, seconded by Trustee Wolin to approve the minutes of the Regular Board of Trustees Meeting of December 11, 2012. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Manzo Motion carried C. EXECUTIVE MEETING MINUTES OF NOVEMBER 27, 2012 Motion by Trustee Wolin, seconded by Trustee Zannis to approve the minutes of the Executive Meeting of November 27, 2012. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis Nays: 0 —None Abstain: 0 —None Absent: 1 — Trustee Manzo 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 VILLAGE OF OAK BROOK MINUTES Page 2 of 12 REGULAR MEETING OF JANUARY 8, 2013 91 a 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: 1) Period Ending December 28, 2012 - $573,199.54 2) Period Ending January 4, 2013 - $311,198.90 Significant Items included in Above: A) Hervas, Condon & Bersani, P.C. - Legal Services — November, 2012 - $1,124.87 (FYI2 — YTD - $21,727.75) TOTAL LEGAL BILLS PAID FOR 2012 - $428,070.52 B) DuPage Water Commission — November 30, 2012 - $206,134.52 B. Approval of Payroll for: 1) Pay Period Ending December 8, 2012 - $652,753.47 2) Pay Period Ending December 22, 2012 - $656,717.63 3) Special Payroll on December 31, 2012 - $10,740.74 C. Community Development Referrals —NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts — NONE E. Budget Adjustments —NONE F. Ordinances & Resolutions — NONE G. Monthly Treasurer's Report —November 30, 2012 H. 2012 Water Main Replacement Project — Parts of York Woods Subdivision — Change Order #3 & Final Motion by Trustee Aktipis, seconded by Trustee Zannis, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis Nays: 0 —None Abstain: 0 —None Absent: 1 — Trustee Manzo Motion carried ITEMS REMOVED FROM THE CONSENT AGENDA — NONE BOARD & COMMISSION RECOMMENDATIONS —NONE UNFINISHED BUSINESS A. Village of Oak Brook — Use of Field 1 —1450 Forest Gate Road Motion by Trustee Moy, seconded by Trustee Wolin to remove from the table the requested variation for the use of field 1 lights at the property located at 1450 Forest Gate Road and place back on the Village Board agenda for additional discussion and consideration at the January 8, 2013 meeting. VOICE VOTE: Motion carried. Laure Kosey, Executive Director of the Oak Brook Park District, briefly reviewed the VILLAGE OF OAK BROOK MINUTES Page 3 of 12 REGULAR MEETING OF JANUARY 8, 2013 efforts put forth by the Village and the Park District to come to a suitable compromise on the issue of the use of lights on field 1. She also gave a brief history on the use of field 1 and the Park District's efforts to insure safety and enforce regulations. She stated that she hopes that the Village supports the Park District's request for field 1 usage until 10:00 pm. She also stated that the Park District will continue to be a responsible and diligent steward of Oak Brook facilities. Resident Andrea Cygan stated that Forest Gate's main issue is the use of lights on field 1 past 9:00 pm. She stated that their concerns intensified with the installation of the new soccer lights and the extension of lights off time on the other fields. She also stated that the new soccer lights are in violation of the Village code. She also stated that Forest Gate remains very concerned with the safety on Forest Gate Road. She mentioned the many concessions that Forest Gate has made over the years. She requested that the Board vote to keep the 9:00 pm lights off time on field 1, consider eliminating parking on Forest Gate Road, ensure that the ordinance stipulations are met regarding soccer lights, and to not permit anymore signs or monuments until the guidelines are developed. Resident Frank Trombetta, Park District Commissioner, stated that the Park District continues to assure Forest Gate residents that the high standards of community service will not vary. He stated that the Park District has reasonably attempted to accommodate the various Forest Gate requests to no avail. Resident Bill Lindeman requested a separate discussion on the safety issue of parking on Forest Gate Road. He recommended that street parking be relocated before a major incident occurs. Trustee Moy stated that he is in favor of the recommendation of the Zoning Board of Appeals. He stated that originally the request was for a light variation but has become complicated with the addition of traffic safety and sign request issues. He stated that the lights off time issue should be the issue at hand and that all issues should be discussed separately. Trustee Wolin stated that he is in favor of the 9:00 pm light off time on field 1. He recommended that the safety concerns regarding parking on Forest Gate Road be reassessed at the end of July rather than the end of September. He also stated that the soccer lighting issue should be corrected for compliance with the Village code. Trustee Aktipis stated that he agrees with Trustee Wolin regarding the lights off time to remain at 9:00 pm and to reassess the parking issue at the end of July. Trustee Manzo stated that he also agrees with keeping the lights off time at 9:00 pm. Trustee Yusuf recommended that the lights off time be changed to 10:00 pm until Labor Day and revert back to 9:00 pm thereafter. He also stated that planting more trees to VILLAGE OF OAK BROOK MINUTES Page 4 of 12 REGULAR MEETING OF JANUARY S, 2013 resolve the issue is not the answer. He asked Community Development Director Kallien if there would be timing restrictions if the lights were 40 feet high. Community Development Director Kallien stated not that he is aware of Trustee Zannis stated that the Park District has an obligation to conform to the Village code and that the 9:00 pm lights off time is the right answer. She also stated that the parking spots on Forest Gate Road are obtrusive and dangerous and a reasonable compromise to move them can be reached. She also stated that the Board should create guidance on what the monument signs should look like before the Park District spends money. Amended motion by Trustee Wolin, seconded by Trustee Zannis to keep the lights off time at field 1 at 9:00 pm and to allow Forest Gate Road parking until July 31, 2013 and review safety issue /concems then. VOICE VOTE: Motion carried. Motion by Trustee Moy, seconded by Trustee Wolin to concur with the recommendation from the Zoning Board of Appeals with regard to the approval to amend the conditions of Ordinances S -1084 and S -1296 and to modify the operational conditions on Oak Brook Park District field 1 located at 1450 Forest Gate Road subject to the following conditions: A. That the use of lights on baseball field 1 be until 9:00 pm; B. Allow the on- street parking to continue on Forest Gate Road until July 31, 2013 to determine level of safety issues that can be documented. At that time, any safety issues /concerns will be reviewed. If it is determined that additional safety measures are needed, the Village Board could direct that additional steps be considered including the possible relocation and/or removal of all on- street parking along Forest Gate Road; C. Ensure that all ball and soccer field lights comply with the applicable lighting standards and requirements contained in ordinance S -1084. Additional field tests will be required prior to use in the spring of 2013. These tests would be observed by the Village, Park District and representatives of the Forest Gate Subdivision. Based on the results of the field tests, it may be determined that it is necessary to require additional shielding /redirecting of some of the lights; D. That all other conditions contained in Ordinances S -1296 and S -1084 will remain in full force and effect; E. 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 variation, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the January 22, 2013 Board of Trustees meeting. ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING OF JANUARY 8, 2013 Ayes: 5 — Trustees Aktipis, Manzo, Moy, Wolin, and Zannis Nays: 1 — Trustee Yusuf Abstain: 0 — None Absent: 0 —None Motion carried 10. ACTIVE BUSINESS A. Confirmation of Appointments — NONE B. Ordinances & Resolutions 1. RESOLUTION 2013 -EL- REF -SC- PRPTY -R -1221, A Resolution Initiating the Submission of a Public Question Regarding the Disposition of Sports Core Property Manager Niemeyer gave a short PowerPoint presentation on the Oak Brook Sports Core referendum to sell land to School District 53. The presentation included the following: • Brief history • Proposed referendum question "Shall the Village of Oak Brook sell a portion, not to exceed 8.5 acres, of the Oak Brook Sports Core property, in the general area bounded by Bath and Tennis Drive to the west and north, Oak Brook Road to the south, and Grant Street to the East, to School District 53, for the purpose of constructing a school building and related facilities ?" • Resolution must be filed by January 22nd to be place on ballot for April election • Referendum must be approved by voters • Approval of referendum does not mean Village Board must sell land, only gives them authority to do so • The Village Board would need to approve sale of the property by a 2/3 vote • Various referendum scenarios • Educating residents on referendum • Other approvals • Two potential locations of school (west part of the Sports Core or east part of the Sports Core) • Issues to be agreed on if plan moves forward ( location, final parking needs, final detention needs, traffic issues, rental agreement, what will happen to displaced users, Village maintenance building relocations, and amount of revenue and what do with it) • Potential advantages of proposal (additional funds, new schools can assist in attracting younger families, synergies with library, open fields, and clubhouse) • Potential disadvantages of proposal (loss of recreational area, potential reduction in soccer revenues, plan proposed with no master plan for Sports Core, and additional traffic conflicts) • Potential uses of revenues from Sports Core land sale at the Bath and Tennis Club (swimming pool, golf course flood control, golf club practice holes, hole 9 /range improvements, soccer turf field, platform tennis, other sports improvements, VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING OF JANUARY 8, 2013 improve or revamp clubhouse) Potential use of revenues for all of Oak Brook residents (walkway from 31st to clubhouse, garden area, gazebo, increase capital improvements, reduce general fund debt, reduce Sports Core debt) Next steps (review appraisal, convene working committee, direct staff to develop materials for referendum and come up with 2 public hearings) Questions regarding Sports Core property potential sale Alan Hanzlik, President of School District 53, gave a short PowerPoint presentation on their request for a referendum. Items discussed include: • Requesting opportunity to pursue the necessary steps • Prior to an April 9 referendum vote, agree upon the specific site and sales price • Consolidates two older schools into one modern facility • Increase property values • Helps draw new families to community • A better, safer school • Allows District 53 and Sports Core to benefit • Viable plan to eliminate Sports Core debt • Creates a school which could accept new students from communities winning annexation • Comparison data on why Oak Brook should change • Referendum allows voters the right to voice their preference • Referendum allows next steps to be pursued • Referendum will avoid costly design and agency approval if it does not pass • Referendum will avoid lose of opportunity • Referendum allows needed change to begin in Oak Brook Former Village President Karen Bushy read a letter from the Butler family stating that selling of Sports Core land to School District 53 is not in keeping with the original sale of the property to the people of Oak Brook, nor is it in keeping with the original gift of lands to District 53 for two neighborhood schools. She stated that accurate information must be presented to residents in order to make an informed decision in April. Resident John Towers spoke in opposition of selling Sports Core land to District 53. He discussed some of the School District's long -term goals that need to be revisited. Resident Ron Resech stated that the current schools are in great condition and that he does not support the building of a new school. Resident Cathy Giangrasse stated that the Sports Core is a premiere property that is shared by all residents. She stated that the property should not be sold for use that is not its original intention. She also stated that many questions need to be answered before a referendum is placed on the April ballot. VILLAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING OF JANUARY 8, 2013 Resident Monesh Ahlywagia does not support the sale of Sports Core land to District 53 and does not think that there is anything wrong with the two current schools. Resident Lou Paskalides, Board Member of School District 53, stated that the right thing to do is to put the referendum on the April ballot. Resident Liz Chun, Board Member of School District 53, stated that the Board carefully evaluated all the information in considering the best future course of the District. She also stated that a referendum is just the first step in the potential new school being located at Sports Core property. Resident Bill Denton stated that the most important thing is long range planning and that the referendum should not be placed on the April ballot. He stated he is torn on the issue and that more planning needs to be done. Resident Keith Carlson stated that he is bias on the issue and thinks that the referendum should be placed on the April ballot. He also stated he values green space and that the most qualified people to say that we need a new school are those who run the schools. Resident Raymond Dunn stated that the referendum should be placed on the ballot but more information is needed. He also discussed the importance of a good education for all children. Resident Jim Nazarowski asked if the building of a new school on Sports Core property is consistent with the Sports Core long range plan. He stated that the referendum should include wording that justifies the financial aspect of the Village. Resident Harry Forney stated that it is premature to allow a vote and that a definitive plan should be in place prior to asking residents to vote. Trustee Manzo stated that there will be two referendums placed on the ballot and that both must pass in order for this to move forward. The second referendum will come from the School District regarding taxes. Resident David Helm stated that he likes the idea of building a new school and that it should be taken to a vote. Resident Judy Nazarowski discussed what was said at neighborhood meetings with School District 53 and her issues with the proposed plan. Former Village President Kevin Quinlan stated that the question for the Board is whether or not the Village should sell Sports Core land for any purpose. He also stated that the Board will need a blueprint to move forward. He stated the referendum should wait until VILLAGE OF OAK BROOK MINUTES Page 8 of 12 REGULAR MEETING OF JANUARY 8, 2013 the Board is fully prepared to answer any questions set before it by the residents. Trustee Wolin stated that this is the most divisive issue that he ever had to address. The School District's intent is to do something good for Oak Brook. He also stated that the Board has no choice but to do a referendum because of how things have developed, but the question remains if this is the right time. He also discussed questions that should be answered before a referendum is placed on a ballot, such as how many acres are truly needed, traffic safety, selling price of Sports Core property, and sharing arrangements. He further stated that there is so little information that he personally cannot proceed to vote for a referendum. Trustee Manzo stated that he does not agree with Trustee Wolin's comments. He stated that we are debating the wrong thing. The debate tonight is about whether or not we will allow everyone to vote and voice an opinion on this matter. He stated that delaying this matter is a way to kill the deal. He stated that voting on this now makes the most sense because this is a municipal issue. He also stated that building one school does not guarantee one Oak Brook but that it may help those fighting annexation. He also stated that many of the issues brought up today are School Board issues, not Village Board issues. He also stated that it is the School District's responsibility to get information out to the residents. He further stated that the residents have the right to vote on this issue and that a referendum is the right thing to do. Trustee Yusuf stated that it is important for the Village and the School District to give the most information possible before the election so residents can make an educated choice. He also stated that there are good arguments on both sides of this issue. His view is that the Board is seeking input from the people of Oak Brook. He also reiterated that there are two separate referendums. One referendum addresses the issue of the sale of Sports Core land, and the other referendum addresses the bond issue for School District 53 residents. Both referendums need to be approved to move forward with this project. He also stated that a new school cannot hurt property values. He further stated that he is supportive of putting the referendum on the ballot. Trustee Moy stated that he is in favor of the referendum and the democratic process to allow residents to vote. He also stated the referendum does not bind us to sell the land but allows the discussion to go forth. He also stated that the School District needs to know if it's possible to purchase the land before they can move forward. Trustee Zannis stated that she has been an advocate for new schools in Oak Brook for a very long time and had advocated for a referendum in the past. She stated that she realized the positive impact that having new schools has on real estate and attracting new families. She also stated that she does not want Oak Brook to lose green space. She stated that this is a quandary because she does not want to risk a new school not being built simply because it is embroiled in an argument about open space at the Sports Core. She stated that her real estate business will profit from building a new school so she is VILLAGE OF OAK BROOK MINUTES Page 9 of 12 REGULAR MEETING OF JANUARY 8, 2013 therefore recusing herself from voting. Trustee Aktipis discussed the School Board's sincere and positive intentions on building a new school. He stated that many residents have very strong feelings about using any Sports Core open space. He also stated that the consensus is to place the referendum on the ballot. He stated that he will not express his opinion on the matter and that he will vote present when the time comes to vote. Trustee Zarmis thanked the School Board and stated that they are outstanding community leaders. Motion by Trustee Manzo, seconded by Trustee Zannis to approve Resolution 2013 -REF- SC- PRPTY -R -1221, A Resolution Initiating the Submission of a Public Question Regarding the Disposition of Sports Core Property. ROLL CALL VOTE: Ayes: 3 — Trustees Manzo, Moy, and Yusuf Nays: 1 — Trustee Wolin Recuse: 1 — Trustee Zannis Present: 1 — Trustee Aktipis Absent: 0 — None Motion carried Resident Al Knuth stated that he is disappointed that Trustees Aktipis and Zannis did not have the character to vote either yes or no. Trustee Aktipis responded by saying Resident Al Knuth's comments are very inappropriate. C. Award of Contracts —NONE D. Route 83 Resurfacing (Butterfield Road to South of 55th Street) Nighttime Request by IDOT Trustee Wolin stated that Route 83 will be repaved and in order to minimize traffic delays in the daytime, IDOT wants permission to do the construction at night. Resident Andrea Cygan requested that any work to be done on the substructure that requires loud equipment be done earlier rather than later in the evening. Motion by Trustee Wolin, seconded by Trustee Manzo that the Village Board direct staff to send a letter of concurrence with IDOT's nighttime work request. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 —None VILLAGE OF OAK BROOK MINUTES Page 10 of 12 REGULAR MEETING OF JANUARY 8, 2013 Abstain: 0 — None Absent: 0 —None Motion carried 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer stated that two patrol officers have resigned and that the Village will start the process of replacing them. B. VILLAGE CLERK Clerk Pruss reminded everyone that "Take Care of Business Day" is January 31St at the Oak Brook Library from 10 am — 2 pm. Clerk Pruss stated that holiday lights recycling will continue at the Oak Brook Library until the end of January. Clerk Pruss stated that Don Adler, John G. Baar, Phil Cuevas, William Denton, Mark M. Moy, and Steven Young will be running for three open Trustee seats. C. TRUSTEES Trustee Yusuf wished everyone a safe, happy and successful new year. He also stated that it has been a pleasure working with Trustee Aktipis and that he wishes him well. Trustee Zannis wished everyone a happy new year, wished Trustee Aktipis well, and stated that she will continue to be an advocate for Oak Brook. Trustee Moy thanked all the residents who spoke at tonight's meeting. Trustee Manzo stated that Board meetings should not be a forum for personal attacks. He also stated that proper decorum and procedures must be followed. Trustee Wolin stated that he agrees with Trustees Manzo and Yusuf s comments. Trustee Aktipis stated that tonight's meeting was the first time he did not vote on an issue and that he believes that his vote on the referendum issue would not have added anything positive or negative to the debate. He also stated that he feels distressed that a resident questioned his integrity. Trustee Zannis stated that there is a sense of mutual respect between herself and Trustee Wolin and thanked him for his comments. She also stated that her point as to why she did not cast a vote on the referendum issue was very clear. Trustee Manzo stated that he agrees with Trustee Zannis' comment that Board members can disagree without being disagreeable. VILLAGE OF OAK BROOK MINUTES Page I I of 12 REGULAR MEETING OF JANUARY 8, 2013 I�� �I I I I I I• �i 7 D I r� C �7 7� I D l'e � [�) O h l E. VILLAGE PRESIDENT President Lalmalani stated that he regrets the inappropriate comments made by Resident Knuth and views the comments as disrespectful. He stated that we are here to discuss issues, not to discuss personalities. Chief Kruger stated that the Police Department reached out to the Park and School Districts and continues to work with them to insure the safety of our children. Library Director Madorin stated that on January 20`h at 2:00 pm, the Library will host the Below Stairs Program. Finance Director Dangles stated that the 2013 Budget is available for viewing on the Village website. She also stated that Polo passes are now on sale and can be purchased through the Village website. 12. ADJOURNMENT Motion by Trustee Yusuf, seconded by Trustee Wolin, to adjourn the Regular Meeting of the Board of Trustees at 10:38 pm. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 — None Motion carried ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 12 of 12 REGULAR MEETING OF JANUARY 8, 2013