Minutes - 01/09/2001 - Board of Trustees1
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VILLAGE OF OAK BROOK Minutes January 9, 2001
UNOFFICIAL UNTIL APPROVED AS WRITTEN X_
OR AS AMENDED BY VILLAGE BOARD ON
January 23, 2001.
MEETING CALL: MEETING
CALL
The Regular Meeting of the Board of Trustees was called to order by President
Bushy in the Samuel E. Dean Board Room of the Village Commons at
7:40 p.m. Pledge of Allegiance was given.
ROLL CALL: ROLL CALL
The Deputy Village Clerk called the roll with the following persons
PRESENT: President Bushy, Trustees Butler, Craig, Kenny, McInerney and
Savino.
ABSENT: Trustee Caleel.
IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty,
Assistant Village Manager; Debra J. Jarvis, Fire Chief; Robert L. Kallien, Jr.,
Director of Community Development; Darrell J. Langlois, Finance Director;
Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director;
Bonnie Sartore, Bath & Tennis Club Manager; Robert J. Pugliese, Attorney
with Lord, Bissell & Brook and William F. Matthys, Vice President /Architect
with Linden Group, Incorporated.
ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE
& FORUM
Trustee Butler commended the Public Works Department for their efforts in
snow removal.
Trustee McInerney indicated he was concerned with the parking situation at
the Oak Brook Park District Recreation Center. He informed the board that
cars are illegally parked due to the snow and was concerned that children may
run around in the parking lot and will not be seen.
Trustee Craig asked that the notice regarding Sprinkling Regulations be
removed from the Village's Public Service Channel (Channel 6).
President Bushy read an announcement prepared by Village Clerk Gonnella
regarding the Candidacy Nomination Petitions and their filing dates.
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APPROVAL OF MINUTES: MINUTES:
2001 BUDGET
Motion by Trustee McInerney, seconded by Trustee Savino, to approve the 12/12/00
minutes of the Public Hearing for the proposed 2001 Municipal Budget on
December 12, 2000 as presented and waive the full reading thereof. VOICE
VOTE. Motion carried.
BOT 12/12/00
Motion by Trustee McInerney, seconded by Trustee Savino, to approve the
minutes of the Regular Board of Trustees Meeting of December 12, 2000 as
presented and waive the full reading thereof. VOICE VOTE. Motion carried.
OMNIBUS AGENDA:
All items on the Omnibus Agenda were routine in nature and enacted in one
motion. No one requested a separate discussion of an item for removal from
the Omnibus Agenda. President Bushy indicated that Payout D. 6. Phillips
Swager Associates — Payout #1 — Library Project - $10,744.50 had been
omitted from the Board's agenda packet. The payout was distributed to the
Board members for inclusion in the Omnibus Agenda for their approval.
Motion by Trustee McInerney, seconded by Trustee Savino, to approve the
Omnibus Agenda. ROLL CALL VOTE:
Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
APPROVAL:
A. APPROVAL OF BILLS: BILLS —
1) December 28, 2000: Approved Omnibus Vote. $539,181.38
2) January 9, 2001: Approved Omnibus Vote. $232,914.44
B. APPROVAL OF PAYROLL: PAYROLL-
1) APPROVAL OF PAYROLL FOR PAY PERIOD ENDING $388,509.45
DECEMBER 9, 2000: Approved Omnibus Vote. (gross)
2) APPROVAL OF PAYROLL FOR PAY PERIOD ENDING $409,474.26
DECEMBER 23, 2000: Approved Omnibus Vote. (gross)
C. CHANGE ORDERS: None.
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Page 2 of 12 January 9, 2001
D. PAYOUTS:
1) TREASURER, STATE OF ILLINOIS (ILLINOIS DEPARTMENT 22 °dST/YORK RD
OF TRANSPORTATION) - PAYOUT #7 & FINAL - 22ND
STREET/YORK ROAD CONSTRUCTION - $7,204.95:
Approved Omnibus Vote.
2)
CIVILTECH ENGINEERING, INC. - PAYOUT #14 & FINAL -
31ST ST BIKE TR
31ST STREET BIKE TRAIL - $597.71: Approved Omnibus Vote.
3)
EARTH TECH, INC. - PAYOUT #7 - MUNICIPAL COMPLEX
MUN CMPLx
PROJECT - $62,223.08: Approved Omnibus Vote.
PROJECT
4)
LEMONT PAVING CO. - PAYOUT #1 - 2000 SAFETY
2000 SAFETY
PATHWAY PROJECT - $18,443.70: Approved Omnibus Vote.
PTHWY PRJ
5)
JAMES J. BENES & ASSOCIATES, INC. -PAYOUT #5 - 2001
2001 PAV
PAVING DESIGN - $32,165.64: Approved Omnibus Vote.
DESIGN
6)
PHILLIPS SWAGER ASSOCIATES - PAYOUT #1 - LIBRARY
LIBRARY
PROJECT - $10,744.50: Approved Omnibus Vote.
PROJECT
7)
LAYNE CHRISTENSEN CO. - PAYOUT #1 & FINAL - WELL
WELL #2
NO. 2 ABANDONMENT - $32,448.00: Approved Omnibus Vote.
ABANDONE
E. REFERRALS:
1) CHRIST CHURCH OF OAK BROOK - (501 OAK BROOK CHRIST CH
ROAD) - SPECIAL USE AND VARIATION - REFER TO PLAN SU & VAR
COMMISSION MEETING OF JANUARY 15, 2001 AND 501 oB RD
ZONING BOARD OF APPEALS MEETING ON
FEBRUARY 6, 2001: Approved Omnibus Vote.
2) 2001 PAVING PROJECT - TIMBER TRAILS SUBDIVISION 2001 PAV PRJ
AREA - FLOOD PLAIN SPECIAL USE - REFER TO PLAN FLD PLN SU
COMMISSION MEETING ON JANUARY 15, 2001 AND TMBR TRL
ZONING BOARD OF APPEALS MEETING ON
FEBRUARY 6,2001: Approved Omnibus Vote.
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS:
1) 2001 PAVING PROJECT - TIMBER TRAILS SUBDIVISION 2001 PAV PR]
AREA: Approved Omnibus Vote. TIMBR TRL
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G. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREAS RPT
NOVEMBER, 2000: Approved Omnibus Vote. 11/00
H. REDUCTION IN SUBDIVISION SECURITY - SUE BOON RED SECUR
SUBDIVISION: Approved Omnibus Vote. SUE BOON
I. 2001 MEMBERSHIP RENEWAL - NATIONAL LEAGUE OF 2001 MEMBR
CITIES: Approved Omnibus Vote. N.L. OF CITIES
J. AUTHORIZATION TO PURCHASE LIBRARY BOOKS THROUGH LIB BOOKS
THE DUPAGE LIBRARY SYSTEM (DLS) COOPERATIVE 2001 PURCH
PURCHASING FOR 2001: Approved Omnibus Vote. DLS COOP
K. 2001 IRMA ANNUAL CONTRIBUTION: Approved Omnibus Vote. 2001 IRMA
CONTRIB
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ACTIVE AGENDA (Items for Final Action):
A. APPOINTMENTS: APPOINT
1) ZONING BOARD OF APPEALS: zBA-
C. DAVIS,
Motion by Trustee Savino, seconded by Trustee Kenny, to concur with P. J. ADRIAN,
the Village President's recommendation to re- appoint Champ Davis A. A. zAHEER
(Chairman), Paul J. Adrian and Aysha A. Zaheer, with their terms
expiring November, 2005. VOICE VOTE. Motion carried.
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE #2001- LC -AL -G -667, AN ORDINANCE ORD#01 -LC-
AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE AL-G -667
VILLAGE CODE OF THE VILLAGE OF OAK BROOK, LIQ LIC
ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED MON AMI
LIQUOR LICENSES: GABI
Mon Ami Gabi- Oakbrook LLC has made application to the Village for
a Class B liquor license for the retail sale of alcoholic liquor in the
original package. Mon Ami Gabi presently maintains a Class A -1
liquor license for their restaurant located at 260 Oakbrook Center.
Before a liquor license may be issued, the Village Board would need to
approve a Class B liquor license as no additional licenses are available.
Village Attorney Martens has drafted an ordinance, which increases the
number of B licenses by one from eight (8) to nine (9) within the
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Village. All documentation requirements have been fulfilled and
approved by Village Attorney Martens.
Motion by Trustee Kenny, seconded by Trustee Savino, to approve
Ordinance #2001- LC -AL -G -667, "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," as
presented and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
2) ORDINANCE #2001- ZO- SU -FP -S -982, AN ORDINANCE
AMENDING ORDINANCE S -964 PROVIDING FOR SECOND
EXTENSION OF THE EXPIRATION DATE OF THE FLOOD
PLAIN SPECIAL USE PERMIT GRANTED THEREIN
(9 NATOMA DRIVE, OAK BROOK, IL 60523):
On November 14, 2000, Ordinances S -964 and S -965 were amended
permitting an extension until December 29, 2000 to complete all
required land modifications and construction associated with the
approved bridge and recreational folly on the property at 9 Natoma
Drive.
The owner of the property, Mr. James Samatas, has submitted a written
request seeking additional time to complete the project. Since
substantial progress has been made by Mr. Samatas to obtain numerous
approvals from other governmental agencies, along with some
preliminary construction that has been completed, staff sees no reason
to object to an extension until July 1, 2001. Village Attorney Martens
indicated that the ordinance extends the date to July 31, 2001. The
Board members concurred with this extension date as indicated in both
ordinances.
Motion by Trustee Savino, seconded by Trustee Kenny, to adopt
Ordinance #2001- ZO- SU -FP -S -982, "An Ordinance Amending
Ordinance S -964 Providing for Second Extension of the Expiration
Date of the Flood Plain Special Use Permit Granted Therein (9 Natoma
Drive, Oak Brook, IL 60523)," as presented and waive the full reading
thereof. ROLL CALL VOTE:
Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
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Page 5 of 12 January 9, 2001
ORD #O1 -ZO-
SU -FP -S -982
FP EXT
9 NATOMA DR
3) ORDINANCE #2001- ZO -V -DU- SWM +FP -S -983, AN ORD #0 1 -ZO-
ORDINANCE AMENDING ORDINANCE S -965 V -DU -SWM+
PROVIDING FOR THE SECOND EXTENSION OF THE FP -S -983
EXPIRATION DATE OF THE VARIANCE GRANTED VAR EXT
THEREIN (9 NATOMA DRIVE, OAK BROOK, IL 60523 ): 9 NATOMA DR
Motion by Trustee Savino, seconded by Trustee Kenny, to adopt
Ordinance #2001- ZO -V -DU- SWM +FP -S -983, "An Ordinance
Amending Ordinance S -965 Providing for the Second Extension of the
Expiration Date of the Variance Granted Therein (9 Natoma Drive, Oak
Brook, IL 60523)," as presented and waive the full reading thereof.
ROLL CALL VOTE:
Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
4) ORDINANCE #2001- GL- MUN- TX -RR -G -668, AN ORDINANCE ORD #01 -GL-
IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES MUN -TX-
RELATED TO LOCALLY IMPOSED AND ADMINISTERED RR -G -668
TAXES OF THE VILLAGE OF OAK BROOK, ILLINOIS: LOCAL TAX
RIGHT & RESP
During the last legislative session, the Illinois Legislature passed the
"Local Government Taxpayers' Bill of Rights Act." Municipal
interests, such as the Illinois Municipal League and DuPage Mayors
and Managers Conference, and interests representing payers of locally
imposed taxes agreed to support this Act which is effective
January 1, 2001. The legislative intent for this Act states: "The
provisions of this Act are designed to reduce the burden on both
taxpayers and tax collectors by specifically providing that fair and
consistent tax processes and procedures be adopted and disseminated to
taxpayers at the local level, while at the same time preserving local
government's full authority to collect taxes are lawfully due under their
taxing ordinance."
The limitations provided by the Act take precedence over any
provisions of any tax ordinance previously adopted by a unit of local
government. The Act applies to locally imposed taxes such as the
utility tax, the telecommunications tax and hotel tax. Sales taxes are
not covered by the Act. Fees collected by a unit of local government
are also not covered, with the exception of the Infrastructure
Maintenance Fee (IMF). The Village suspended the imposition of the
IMF effective January 1, 2001, and increased the telecommunications
tax to 3 %. The proposed ordinance provides for audits, late payments,
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credits /refunds, appeals, interest/penalties, hearings and voluntary
disclosure.
All units of local government are required to adopt an ordinance that is
consistent with the provisions of the Act.
Motion by Trustee McInerney, seconded by Trustee Savino, to adopt
Ordinance #2001- GL- MUN- TX -RR -G -668, "An Ordinance in
Connection with Rights and Responsibilities Related to Locally
Imposed and Administered Taxes of the Village of Oak Brook,
Illinois," as presented and waive the full reading thereof. ROLL CALL
VOTE:
Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
5) ORDINANCE #2001 -BU -S -984, AN ORDINANCE
AUTHORIZING A LOAN TO THE SPORTS CORE FUND:
The current ordinance authorizing loans from the General Corporate
Fund to the Sports Core Fund expired on January 31, 2001. The prior
ordinance authorized a consolidated loan of up to $750,000 in order to
fund capital and operating needs of the Sports Core dating from 1996-
1999. At the end of December an additional $40,000 was needed in
order to fund the final payroll and bill listing for 2000. This shortfall is
due primarily to weather- related factors as well as the under budget
performance of the food and beverage operations for 2000. Finance
Director Langlois requested that the loan amount authorized is
increased to $790,000. Per the 2001 -2005 Five -Year Financial Plan,
repayment of this loan is scheduled to begin in 2003.
The current ordinance authorized a loan of up to $1,313,440 in order to
provide funding for the golf clubhouse expansion project and a loan of
$125,000 for the pool deck replacement project in advance of receipt of
the proceeds from the sale of the Westchester Park property. Due to
the final payout on both projects having already been made, the loan
amounts authorized can be adjusted to $1,298,300 for the golf
clubhouse expansion project and $125,500 for the pool deck
replacement project. Since the proceeds from the sale have not yet
occurred, Finance Director Langlois also requested that the
authorizations be extended for an additional one -year term.
To date, expenses of approximately $107,000 have been paid for
engineering and subdivision work in Westchester Park, with additional
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Page 7 of 12 January 9, 2001
ORD #O1 -BU-
S -984
SC LOAN
expenses anticipated early in 2001. Total loan authorization of
$125,000 is requested for this purpose and will be repaid when the
Westchester Park property is sold.
Motion by Trustee McInerney, seconded by Trustee Kenny, to approve
Ordinance #2001 -BU -S -984, "An Ordinance Authorizing a Loan to the
Sports Core Fund," as presented and waive the full reading thereof.
ROLL CALL VOTE:
Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: I - Trustee Caleel. Motion carried.
Trustee Savino indicated that the loan repayment each year is
postponed to a later date, and he asked the Board to consider any
activities that may generate increased revenue.
The Board discussed various types of groups who use the facility,
alternative meeting rooms, staffing of events, weather conditions that
affect revenue, purchasing, storage and possibilities of price increases.
7. C. AWARD OF CONTRACTS:
1) WAIVE COMPETITIVE BIDDING AND AUTHORIZE
PURCHASE FOR PROTECTIVE FIRE CLOTHING:
In 2000, the Village Board waived bidding due to sole source and
authorized staff to negotiate a contract with W. S. Darley & Company
to supply our replacements for protective fire gear. Staff's analysis last
year showed that the unit prices were very favorable in light of the
quality and durability of the Morning Pride fire gear, as compared to
similar gear from other manufacturers. The unit prices for 200 are
being extended until January 20, 2001. The Fire Department
anticipates ordering 20 sets of gear, for an extended total cost of
$23,980, plus shipping. This should be the Fire Department's only
order for fire gear this year. Funds in the amount of $25,000 are
contained in the Rescue and Fire Operations Program (10 -721) to
cover this purchase.
Motion by Trustee Kenny, seconded by Trustee Savino, to waive
bidding due to sole source, and authorize the issuance of a purchase
order to : W.S. Darley & Company, 2000 Anson Drive, Melrose Park,
IL 60160, for the purchase of Morning Pride Protective Fire Clothing,
at a unit cost of $699 per coat and $500 per pants, plus shipping.
ROLL CALL VOTE:
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Page 8 of 12 January 9, 2001
FIRE CLOTH
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Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
D. ISSUANCE OF SCAVENGER LICENSES:
The Village Code provides for one residential scavenger license (to be
issued to the hauler awarded the residential contract by the Village) and
an unlimited number of commercial scavenger licenses. Pursuant to
Section 4 -3 -2 of the Village Code, the Village Board issues scavenger
licenses upon recommendation of the Village Manager. Licenses are
for the calendar year and the Board normally considers
recommendation at its December meeting.
Motion by Trustee McInerney, seconded by Trustee Kenny, to approve
issuance of residential and commercial scavenger licenses to BFI Waste
Systems /Illinois Recycling Systems and issuance of commercial
licenses to Crown Recycling and Waste Services, Inc.; Flood Brothers
Disposal & Recycling Systems, Inc.; Hillside Disposal Service, Inc.;
Onyx Waste Services, Inc.; Pinnacle Waste Services, Inc.; Roy Strom
Refuse Removal Service, Inc. and Waste Management of Illinois, Inc.
for the period of January 1, 2001 through December 31, 2001. ROLL
CALL VOTE:
Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
SCAV LIC
INFORMATION & UPDATES: INFO &
UPDATES
A. VILLAGE PRESIDENT: VLLG PRES
President Bushy reported that she would be attending the U.S.
Conference of Mayors meeting in Washington, D.C. Some of the
issues that will be discussed are in regards to E- Commerce Tax and
difficulties that some municipalities are encountering recruiting Police
and Fire personnel.
B. VILLAGE MANAGER: VLLG MGR
Village Manager Veitch reported that the Bath & Tennis Clubhouse's
loft area will be demolished shortly.
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9. DEPARTMENTAL REPORTS - LIAISON ASSIGNMENTS: DEPT RPTS
Community Development Trustee Savino
Finance, Information Services & Purchasing Trustee Caleel
Intergovernmental Relations
Trustee McInerney
Library & Community Events
Trustee Butler
Public Safety
Trustee Kenny
Public Works & Engineering
Trustee Craig
Sports Core
President Bushy
Village Clerk
Clerk Gonnella
Departmental reports were accepted as presented.
10. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
RECOMMEND
A. RECOMMENDATIONS - PRIME GROUP REALTY TRUST - (800 -810 PRIME GROUP
JORIE BOULEVARD) - TEXT AMENDMENT AND SPECIAL USE: TA & SP
800 -810 JORIE
The Plan Commission, at their meeting of November 20, 2000 by a vote of 4 to
0 and the Zoning Board of Appeals at their meeting of December 5, 2000 by a
vote of 6 to 0, have recommended approval of text amendments to: permit
hotels in ORA -1 district as a special use and, to revise the text of Section 13-
12-4-B of the Zoning Ordinance to allow parking on an adjacent property
within 300 feet of the principal building.
The Plan Commission, at their meeting of November 20, 2000 by a vote of
4 to 0 and the Zoning Board of Appeals at their meeting of December 5, 2000
by a vote of 6 to 0, have recommended approval of the Prime Group Realty
request for a Special Use for the property at 800 -810 Jorie Boulevard. The
special use would permit construction of a five- story, 155 -room Marriott
Residence Inn Hotel with a number of allowances subject to the following
conditions:
1. Modify the request to eliminate the required loading dock by
designating a specific loading area on the plan.
2. Allowance from the required setback to permit parking at the common
lot line.
3. Allowance to permit parking spaces in the front yard.
4. Allowance to permit required parking lot landscaping along a lot line.
5. Allowance to permit required parking on an adjacent parcel not owned
by the owner of the property containing the principal building.
6. Allowance to permit a floor area ration (FAR) of .456 instead of the
maximum .45 for the property.
7. The development shall be in substantial conformance with the plans as
submitted.
VILLAGE OF OAK BROOK Minutes Page 10 of 12 January 9, 2001
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8. The setback between all parking areas and the adjacent lot line is not
less then 10 feet.
9. Final engineering approval.
10. Approval of an easement document which confirms the right to locate
off - street parking on the adjacent NICOR property for the benefit of the
hotel use.
In making these recommendations, the Zoning Board of Appeals agreed with
the Plan Commission finding that the petitioner has addressed the factors as
required by the Ordinance for approval of text amendments to the Zoning
Ordinance and a special use including allowances. In particular, it was found
that the special use as requested would be operated so that the public health,
safety and welfare will be protected and there will be no substantial injury to
other property in the neighborhood.
Robert J. Pugliese, Attorney for the petitioner, provided an illustration for the
Board and gave a brief overview of the facility. William F. Matthys, Vice -
President/Architect with Linden Group, Inc. also provided illustrations for the
Board and described the architecture and landscaping for the project.
Motion by Trustee Savino, seconded by Trustee McInerney, to concur with the
recommendation of the Plan Commission and the Zoning Board of Appeals
and authorize Village Attorney Martens to draft the necessary ordinances
relating to the text amendments for final consideration at the January 23, 2001
Board of Trustees Meeting. VOICE VOTE. Motion carried.
Motion by Trustee Savino, seconded by Trustee Butler, to concur with the
recommendation of the Plan Commission and the Zoning Board of Appeals
and authorize Village Attorney Martens to draft the necessary ordinances
relating to the special uses for final consideration at the January 23, 2001
Board of Trustees Meeting. VOICE VOTE. Motion carried.
Village Attorney Martens asked the petitioner if an amended plan regarding the
loading area would be provided. Mr. Robert Pugliese, the Attorney for the
petitioner, indicated that the ordinance could include specification as to the
location for the loading area.
11. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None.
12. ADJOURNMENT:
Motion by Trustee McInerney, seconded by Trustee Craig, to adjourn the
meeting at 10:00 p.m. VOICE VOTE. Motion carried.
VILLAGE OF OAK BROOK Minutes
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ADJRN
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
BOT- 010901
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