Minutes - 03/16/2005 - Board of TrusteesMINUTES OF THE MARCH 16, 2005 SPECIAL MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
APRIL 12, 2005.
1. CALL TO ORDER:
The Regular Meeting of the Village Board of Trustees was called to order by President
Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:34
p.m. The Pledge of Allegiance was given.
2. ROLL CALL:
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel,
John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis.
ABSENT: None.
IN ATTENDANCE: Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village
Manager; Dale L. Durfey, Jr., Harlan Spiroff, Village Attorney; Village
Engineer; Bruce F. Kapff, Director of Information Services & Purchasing;
Robert L. Kallien, Director of Community Development; Darrell J.
Langlois, Finance Director; Michael J. Meranda, Director of Public Works;
Trey VanDyke, Golf Club Manager; Nelson Patras, Interim Bath & Tennis
Club Manager and Police Lt. Steven Larson.
3. PRESIDENT'S OPENING COMMENTS:
President Quinlan welcomed the Village's new acting Trustee, Ali Yusuf, son of Trustee
Asif Yusuf who joined his father briefly at the dais.
President Quinlan announced that the Oak Brook Fire Department regretfully has
announced the untimely death of Anna Maria Wenstrup, sister of Fire Lt. Vassios, who
passed away suddenly after an illness in the hospital. He asked for everyone's thoughts
and prayers to Lt. Vassios' family during this time of crisis.
President Quinlan then announced, with the consensus of the Village Board, to move
Agenda Item 9. A. Confirmation of Appointments, 1) Chief of Police to this point on the
agenda. It was the consensus of the Village Board of Trustees to address Agenda Item 9.
A. 1) at this time.
President Quinlan announced to offer the appointment of Thomas Sheahan to the position
of Chief of Police. He acknowledged that his career entailed serving with the Midway
Aviation Police Department and the Deerfield Police Department. He believes that Mr.
Sheahan's candor and his desire to increase community policing as well as his excellent
VILLAGE OF OAK BROOK Minutes Page 1 of 44 March 16, 2005
3. business skills will give him great creditability with the Village's businesses and help the
Police Department to relate to the residents and businesses. President Quinlan officially
offered Mr. Thomas Sheahan the appointment of the Chief of Police in the Village of Oak
Brook.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to officially accept the
appointment of Mr. Thomas Sheahan to the position of Chief of Police in the Village of
Oak Brook. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Mr. Sheahan was acknowledged at the meeting and thanked the Board of Trustees for
approving his appointment.
4. RESIDENT /VISITOR COMMENT:
Nancy Plamondon asked the Village President if there has been an allegation made that
there has been gambling and cock fighting within the Police Department. President
Quinlan explained that last week some members of Oak Brook Citizens for Better
Government in conjunction with their attorney approached him, Lt. Larson in his role as
Acting Police Chief, Village Manager Richard Boehm and Trustee Susan Korin with
allegations that there was cock fighting and gambling occurring within the Police
Department at the Village Hall on the midnight shift. The allegations were founded by a
string of anonymous e -mails that was all rumor and innuendo. They have asked for a
formal complaint from them but have not received one at this point. They have received
direction from the Attorney General that should a formal complaint be received that it
should be referred to the Illinois State Police for investigation. He does not believe that
this accusation is true.
Mrs. Plamondon responded that it is sad that the Village of Oak Brook is tainted with
more ugly rumors.
Trustee Aktipis suggested that this is a ridiculous allegation and it is totally improper for
this allegation to be even dignified by a comment from the President. He believes that if
there is anyone who has attempted to set -up anyone with such a false and ridiculous
allegation, through an e -mail the only thing that needs to be investigated IS who was the
instigator of such a ridiculous rumor.
President Quinlan voiced his concern of such a wild allegation would be made of the
Village's Police Department and he finds it difficult to believe that reasonable people
would believe that it was taking place in the Police Department.
William Lindeman addressed the Board noting that the March 8, 2005 Special meeting
VILLAGE OF OAK BROOK Minutes Page 2 of 44 March 16, 2005
4. was adjourned prior to conducting any agenda business. After the meeting he approached
Attorney Kubiesa to inquire and propose various advices he could have offered the Board
to allow the regular business to be conducted and the controversial issues be postponed
until another meeting. His reply to Mr. Lindeman was that he would not suggest anything
to these people. He assumed that he meant the Trustees and entire Village Board as he
felt that this was a totally inappropriate reply from an Attorney that represents the Board
and the Village President. He also represents the best interests as a resident and as a
resident he feels deprived by his attitude to not voluntarily offer advice. He suggested i
may not be in his job description, his legal requirements or for him to perform his duties
but to fit in Oak Brook, people should go a little bit beyond what is absolutely required.
Mr. Lindeman suggested that when matters come for vote that a roll call vote be taken
regardless whether it is mandated by law or past practice. He suggested that the residents
have a right to know how each individual Trustee and the Village President votes. When
a Trustee chooses to abstain from voting, he suggested that he or she owes the Village
residents and audience a brief explanation as to why they abstain. He asked what is the
status of the March 2, 2005 meeting, the actions and motions taken during that meeting
President Quinlan responded that the Village Attorney represents the Village and the
Board but not the Village President in particular. In regards to voting, the Village Clerk
does keep a record of all votes regardless of whether they are voice vote or roll call vote.
If there is a nay vote they are recorded. The voice voting is done to expedite the meeting
on matters that are not mandated by a roll call vote. Whenever funds are being spent, a
roll call vote is required and he offered that Mr. Lindeman's points are well taken.
5. APPROVAL OF MINUTES:
A. REGULAR BOARD OF TRUSTEES MEETING OF FEBRUARY 22, 2005
Motion by Trustee Caleel, seconded by Trustee Yusuf, to approve the Minutes of the
Regular Board of Trustees Meeting of February 22, 2005. VOICE VOTE: Motion
carried.
B. SPECIAL BOARD OF TRUSTEES MEETING OF MARCH 2, 2005
President Quinlan, for the record, indicated that he does not believe that this was a
legally held meeting.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the Minutes of the
Special Board of Trustees Meeting of March 2, 2005. VOICE VOTE: Motion
carried.
C. Rescheduled Regular Board of Trustees Meeting of March 8, 2005
VILLAGE OF OAK BROOK Minutes Page 3 of 44 March 16, 2005
5. C.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to approve the Minutes of the
Rescheduled Regular Board of Trustees Meeting of March 8, 2005.
Trustee Zannis asked that these minutes be continued until Attorney Stewart
Diamond's legal opinion on this meeting is rendered as the minutes identify the
meeting as a "Rescheduled Regular Meeting ". It identifies that the Village President
called to order a regular meeting and it also identifies that a motion by Trustee Zannis,
seconded by Trustee Caleel, to adjourn a rescheduled regular meeting when the entire
meeting focused upon whether it was a special meeting.
Village Clerk Gonnella responded that Attorney Diamond has written legal opinions
that she wished read into the record. It read: "Normally there is very little question as
to whether a meeting is a regular meeting or a special meeting. If the meeting is not
held at the time or place established in the annual notice and no motion is made to
change the time or place of regular meetings and published that notice as required by
law, any additional meeting would normally be considered a special meeting citing 5
ILCS 120/2.03. I can however think of one exception to that general rule. The Statute
that does also deal with reconvened meetings, 5 ILCS 120/2.03. Public notice of a
special meeting except being held in the event of a bonafide emergency or any
rescheduled regular meeting or any reconvened meeting shall be given at least 48
hours before such meeting which notice shall also include the agenda for the special,
rescheduled or reconvened meeting. The Statute then goes on to state a further
exception to this exception.
The requirement of a public notice of reconvened meetings does not apply to any case
where the meeting was open to the public and (1) is to be reconvened within twenty -
four hours or (2) an announcement of the time and place of the reconvened meeting
was made at the original meeting and there is no change in the agenda. The answer to
your question would seem to come from these sections of these laws. Sometimes
actions taken by a governmental body with no problem being raised for many years
suddenly becomes very important. That has apparently happened here where a
question has been raised as to what is the appropriate time for a mayor to be required
to return a matter to the Village Board with his veto. 65 ILCS 5/3 -145 provides that
those ordinances, resolutions and motions which the mayor disapproves shall be
returned to the city council with the mayors written objections at the next regular
meeting of the city council occurring not less than five days after their passage."
Trustee Zannis asked if Mr. Diamond's office has ruled on this meeting. Clerk
Gonnella stated that the question directed to her was "if these posting requirements
were followed why wasn't the meeting a rescheduled regular meeting ?" Mr.
Diamond's staff responded "the simple answer is that the Board did not take any
legislative action to reschedule the time of the regular meeting as established by the
Board's original ordinance. The Board is required to adopt a schedule of meetings not
VILLAGE OF OAK BROOK Minutes Page 4 of 44 March 16, 2005
5. C.
just to post them. Once the Board adopts the schedule of meetings, it can change the
meetings but it must do so by a legislative act. Thereafter the notice requirements
cited above come into play. Two Trustees cannot amend an ordinance by calling a
Clerk outside of a public meeting and directing the Clerk to take action other than that
ordained by the Board. The Board itself must act to change its original legislative
act."
Trustee Zannis indicated that this is a special meeting. Clerk Gonnella responded that
this is correct. Trustee Zannis stated that the minutes should be changed as such and
bring the minutes to the next Board meeting for approval.
Motion by Trustee Zannis, seconded by Trustee Aktipis, to continue the Regularly
Scheduled Meeting Minutes of March 8, 2005 for approval at the next Village Board
meeting and to be corrected. VOICE VOTE: Motion carried.
Trustee Aktipis asked that a copy of Attorney Diamond's legal opinion of the
procedure to properly call meetings be given to the Board members.
6. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
Trustee Aktipis asked that Agenda Item 6. G, An Ordinance granting a variation to 814
Commerce, LLC to allow ninety -six (86) parking spaces in the front yard setback while
maintaining a setback of thirty -five feet (35') along Commerce Drive be removed for
further discussion.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. Accounts Payable for Period Ending March 4, 2005 - $300,293.96
Significant Items included in Above: None.
B. Approval of Payroll for Pay Period Ending February 26, 2005 - $588,099.62
C. Community Development Referrals
1) Villas of Oak Brook Subdivision — Preliminary Plat and Variation to the
Subdivision Regulations - 2901 Oak Brook Road, 3111, 3113 and 3115 Meyers
Road
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Village -wide Beautification Project
VILLAGE OF OAK BROOK Minutes Page 5 of 44 March 16, 2005
0
2) HVAC Screening Project
3) Deicer Salt
E. Authorization to Hire, Promote or Reassign Duties of Village Employees
1) Part-time Document Imaging Clerk
F. Budget Adjustments
H. An Ordinance Granting A Variation From The Provisions Of Section 13- 6C -3F(1)
and 13- 6C -3F(3) of Title 13 ( "Zoning Regulations ") Of The Village Code Of The
Village Of Oak Brook Relative To Front and Rear Yard Setback Requirements
I. A Resolution Amending Resolution 2003- SD -FP -EX 1 -R -826 and Approving the
Final Plat of Subdivision Known as ZLibi's Subdivision
J. A Resolution Amending Resolution 2003- SD- FP -EXI -R -827 and Approving the
Final Plat of Resubdivision Known as Beard's Plat of Resubdivision
K. An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of
Personal Property by the Village of Oak Brook.
L. Moved to Unfinished Business from previous Agenda
M. An Ordinance Authorizing Execution Of An Agreement For Enforcement Of Certain
Traffic Regulations For Motor Vehicles In The Oak Brook Hills Road Homeowners
Association In The Village Of Oak Brook
7. ITEMS REMOVED FROM CONSENT AGENDA:
6. G.
An Ordinance granting a variation to 814 Commerce, LLC to allow ninety -six (96)
parking spaces in the front yard setback while maintaining a setback of thirty -five feet
(35') along Commerce Drive
Trustee Aktipis indicated that during the discussion and the passing of the motion that led
to this ordinance, the Board discussed the necessity of the applicant to provide some
landscaping in the rear of the parking lot so as to screen that area from the road and the
community located behind the building. He noted that he has not seen any plans
regarding this particular issue in the files of this proposal. He asked Community
Development Director Kallien if this issue has been addressed. Director Kallien stated
that there isn't any plans as of yet. He explained that it was the Board's direction that
there will be extensive plantings required as part of the construction of the new parking
lot in the front.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to include in the ordinance that
the following addition be included: that the petitioner must present to Community
Development Director Kallien, as soon as possible, a set of plans and that those plans be
reviewed with the affected homeowner association and make certain that the homeowners
are satisfied with the screening and only under those conditions will the ordinance apply.
President Quinlan stated he understands Trustee Aktipis' objective that the standard of
VILLAGE OF OAK BROOK Minutes Page 6 of 44 March 165 2005
7. 6. G.
screening with which the Village would approve. He stated this seems ambiguous rather
than having something here or be willing to take the petitioners word that he would do so.
Trustee Caleel explained that generally when the Board approves some of these that there
are certain requirements from staff so that he would be in favor of moving it for passage
at this time provided that it meets staff requirements.
President Quinlan remarked that the Board would have to be willing to accept Director
Kallien's judgment which he did not have a problem with this. Trustee Caleel suggested
that Director Kallien knows what the Board stated at the last meeting and it is indicated in
the Board minutes.
President Quinlan commented that one entity must give final approval on this matter.
Trustee Caleel suggested that Director Kallien review this with the affected homeowners
association prior to his approval that it meets the requirements. Trustee Yusuf indicated
that he has full faith in Director Kallien's ability to review those plans to ensure they are
of a reasonable nature and consult with and seek the input of the homeowners association
in Steeple Chase.
President Quinlan noted that under Section 2, 3. of the Ordinance that language be added
at the end of that sentence "subject to staff review." With that amendment, President
Quinlan asked if there was a motion to approve.
Motion by Trustee Atkipis, seconded by Trustee Yusuf, to approve An Ordinance
granting a variation to 814 Commerce, LLC to allow ninety -six (96) parking spaces in the
front yard setback while maintaining a setback of thirty -five feet (35') along Commerce
Drive and to include under Section 2, 3. at the end of the sentence "subject to staff
review." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS:
A. OAK BROOK PROMENADE — 3001, 3003 & 3121 BUTTERFIELD ROAD —
FINAL PLAT, MAP AMENDMENT, SPECIAL USE, TEXT AMENDMENTS,
VARIATIONS
At its meeting on January 17, 2005, the Plan Commission reviewed an application
from NAI Hiffman on behalf of the owner, St. Paul Properties, Inc., seeking approval
of a final plat of consolidation for approximately 19.7 acres located at the southwest
corner of Butterfield Road and Meyers Road in the Village of Oak Brook. The
requested action would consolidate the five existing parcels into one in order to
VILLAGE OF OAK BROOK Minutes Page 7 of 44 March 16, 2005
8. A.
accommodate the proposed construction of the Oak Brook Promenade project. One
of these parcels is presently unincorporated and will require annexation by the
Village. As part of this request, the applicant is requesting variations to Section 14-6 -
3(J) — required monumentation and Section 14- 6 -3(K) — required dedication of public
utility easements of the Subdivision Regulations.
The applicant is seeking these approvals in order to redevelop the property and
construct the Oak Brook Promenade, a 180,000 sq.ft. upscale retail center.
Recommendation:
By a vote of 6 to 0, the Plan Commission recommended approval of the final plat of
consolidation and requested variations to the subdivision regulations subject to the
following findings and conditions:
1. The development will be in substantial conformance with the final plat of
consolidation prepared by Manhard Consulting, revision date January 6, 2005
found on tab 25 of the case file.
2. With respect to the requested variations relating to monumentation and
designation of public utility easements, the Village has in the past (700/800
Commerce and 122 22nd Street) approved similar requests.
3. The final plat consolidation satisfies all other aspects and requirements for the
Village's Subdivision Regulations including that neither the proposed variation
nor final plat conflicts with any adjacent properties.
4. That the applicant address all issues raised by Village Engineer Durfey in his
memorandum dated January 12, 2005 on page 12 of the case file including final
engineering approval.
5. Annexation approval of the unincorporated parcel as a condition of final approval
by the Village.
6. Eventual dedication of approximately 1.5 acres of property to DuPage County as
right -of -way for Meyers Road.
In making this recommendation, the Plan Commission found that the applicant has
satisfactorily addressed all applicable standards required for a final plat of
subdivision as well as the requested variations to the Subdivision Regulations.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the Plan
Commission recommendation to approve a final plat of consolidation for the
properties at 3001, 3003 and 3121 Butterfield Road and authorize the Village
Attorney to prepare the necessary resolution for final consideration at the March 22,
2005 Board of Trustees meeting.
Before the vote was called, the Village Board addressed the petitioner with questions.
Trustee Korin noted that in the tenant handbook it states that tenants are encouraged
VILLAGE OF OAK BROOK Minutes Page 8 of 44 March 16, 2005
8. A.
to create innovative and dramatic storefronts if not provided by the landlord. She
asked how much approval does the landlord or Village has regarding the storefronts.
Mary Riordan representing the petitioner, NAI Hiffman, explained that the detailed
handbook is incorporated by reference in all of the leases. The landlord, St. Paul and
NAI Hiffman, will own all of these buildings. The tenant criteria are incorporated
into the leases and all of tenants have to satisfy the criteria. Also they have to come
to ownership and get their plan approved before it even comes to the Village for
approval. In speaking with Director Kallien, they will develop a form indicating that
ownership has reviewed the plan and it does comply with both the approving
ordinance referenced in the leases and the design criteria.
Trustee Korin reiterated that the Village would approve the storefronts. Ms. Riordan
stated that is correct. She stated the petitioner is asking, assuming the Village
approves it, that the Village references this in the approved ordinances. By reference
they are incorporating those ordinances into the leases.
Trustee Korin indicated there is approximately 20,000 sq. ft. of space designated for
office space and asked where would those tenants park. Ms. Riordan explained that
those tenants would be issued parking pass cards to park underground in the garages.
Trustee Korin asked for the number of parking spaces per 1,000 sq. feet. Ms.
Riordan noted that all of the uses are in compliance with the Village Code.
Restaurant is 10 to 1, retail is 5 to 1 and office is 3.3 to 1. Their parking calculation
assumptions indicate that 128,255 sq. ft. of retail is 5 to 1; 20,450 sq. ft. of office is
3.3 to 1 and the restaurant is 30,000 sq. ft. 10 to 1 per Village Code including
handicap parking.
Trustee Korin noted that they are asking for a lot of relief. She voiced her concern of
the removal of the bays that it would like a sea of cars. Ms. Riordan stated that the
Village Code requires a bay every three islands. The only place that is not done
which was moved intentionally to provide for the circulation. Village staff had asked
that the petitioner be sensitive to the concept of pedestrian circulation. This is the
only place that they are in non - compliance as the pedestrian circulation is important.
Trustee Korin remarked that she had read the traffic study indicating that the level of
service does not change. During certain hours the wait time will increase. She asked
if there is any anticipation that the applicant or the Village would ask DuPage County
that the length of time of the east and west traffic flowing on Butterfield Road would
have a longer green light. Ms. Riordan explained that IDOT has jurisdiction over the
Butterfield Road and any changes the Village would have to address to them as it
beyond the scope of their project.
Don O'Hara, KLOA, Inc., their traffic engineer addressed the Village Board of their
VILLAGE OF OAK BROOK Minutes Page 9 of 44 March 16, 2005
8. A.
traffic study of the proposed project. He stated the problem is that the State of
Illinois has total control of the traffic signals on Butterfield Road and they minimize
the amount of green time to the minor approach and maximize the amount of green
time to the major approach, which is their route.
Trustee Korin mentioned that she had previously discussed with Village Manager
Boehm and Trustee Zannis a list of potential tenants for this project. She asked if
prospective tenants could be presented to the Village Board on a confidential basis.
She also asked for a renting rate per sq. footage of the project. She asked if the pond
was being enlarged or made smaller.
Wendy Schulenberg, Landscape Architect, indicated that the pond size is being
increased as part of the actual development around the pond. There are a number of
large trees on Meyers Road existing around the pond, shade trees that have been
chopped back due to an overhead utility line, will be removed and replaced with
ornamental trees under the line. Most trees along Butterfield Road will remain.
Along the corner some trees will be removed to allow some views into the site and
major signage of the development will also be there. Some ginkos and maples will
be relocated. Ash trees on the property will be removed as the emerald ash borer in
Michigan is moving into Illinois that destroys these trees. They will be exceeding the
requirements of plantings by 10% and they plan to use larger caliber trees throughout
the whole landscape.
Trustee Korin explained that a previous petitioner adjusted their entrances to include
boulevards rather than a cement median that encompassed ornamental grasses,
flowers or trees.
Ms. Schulenberg explained that on either side of the entries they plan to plant as
much as possible. They are restricted on the location of the driveways based on
dimensions that are required for existing locations so that they are not able to get the
width to provide a larger median in the road. Trustee Korin reiterated that her
concern is the main entrance at the signal. There is a very narrow island and that is
all that is allowed based on traffic situation.
Don O'Hara, further explained that they have an existing shopping center in Lombard
that is signalized and this driveway exists today. They must work with what is
opposite the property and the through lanes must be in the proper location.
Trustee Korin's final question was if their traffic study included any future building
that would happen at the development across the street. Mr. O'Hara stated that an
Oakbrook Terrace development was included.
Trustee Zannis asked if Community Development Director Kallien concurred with
VILLAGE OF OAK BROOK Minutes Page 10 of 44 March 16, 2005
8. A.
the center island median that there is nothing that can be done to facilitate something.
Director Kallien explained that with the McDonald's development it was rather a
small green space and the Village agreed that there would be some flowers and low
level shrubs. He believes there is an opportunity to do that on this site similar to
McDonald's but without large trees.
Trustee Zannis asked if the Board could direct Director Kallien to work with the
applicant to develop a plan. Director Kallien stated yes that staff would work with
the applicant to develop something that is consistent with what McDonald's
proposed.
President Quinlan asked the petitioner if they would put as much landscaping as
possible in that location. Ms. Riordan agreed to that request.
President Quinlan recognized Chairman Champ Davis of the Zoning Board of
Appeals in attendance of the meeting. He also acknowledged Lexi Payovich, Plan
Commission Chairman, who was not in attendance of the meeting but to recognize
them for the amount of time and effort that they and their teams put into this project.
He stated this is the biggest undertaking since the building of the Oakbrook Shopping
Center.
Trustee Caleel commented that this is one of the best presentations he has seen in the
past eight years. Ms. Riordan thanked Trustee Caleel for his comments and
acknowledged that Manager Boehm, Engineer Durfey and Community Development
Director Kallien have been very helpful and spent a great deal of time on this project.
Trustee Craig stated he is delighted to see this project move forward and the Board
agrees on this.
President Quinlan explained that the Board is now voting on 8. A. as follows:
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the Plan
Commission recommendation to approve a final plat of consolidation for the
properties at 3001, 3003 and 3121 Butterfield Road and authorize the Village
Attorney to prepare the necessary resolution for final consideration at the March 22,
2005 Board of Trustees meeting. VOICE VOTE: Motion carried.
OAK BROOK PROMENADE — 3001, 3003 & 3121 BUTTERFIELD ROAD — MAP
AMENDMENT
At its meetings on February 1 and February 15, 2005, the Zoning Board of Appeals
reviewed a petition submitted by NAI Hiffman on behalf of the owner, St. Paul
Properties, Inc., seeking approval of a map amendment (i.e., rezoning) from ORA -1 to
VILLAGE OF OAK BROOK Minutes Page 11 of 44 March 16, 2005
8. A.
B -1 in order to facilitate development of the Oak Brook Promenade.
Recommendation
The Plan Commission, by a vote of 6 to 0 and the Zoning Board of Appeals, by a vote
of 4 to 0 have recommended approval of a map amendment to B -1 to accommodate
the Oak Brook Promenade project. In making this recommendation, the Plan
Commission and Zoning Board found that:
1. The five parcels which encompass a total of 19.7 acres is zoned ORA -1 and has
been zoned /used for nonresidential purposes for nearly 30 years.
2. The Butterfield Road /22nd Street corridor in this area is home to a variety of
office, commercial and restaurant uses.
3. Recent development /redevelopment activities in close proximity to the
proposed development have resulted in a number of new commercial properties,
in particular the Fountain Square development located directly to the north and
the Embassy Suites development to the west.
4. The prevalent land use to the north and west of the Oak Brook Promenade site
is retail.
5. In Oak Brook, at lease two recent redevelopment projects (i.e., Shops of Oak
Brook and Costco) have been approved and developed which involved a change
in the previous Office /Warehouse use to a retail use.
6. A map amendment that changes the zoning of the subject property to B -1, to
allow the development of the Oak Brook Promenade would in fact be consistent
with the surrounding development.
7. The applicant has requested the following uses (although permitted in the B -1
District) will not be permitted in the project:
Servicing of motor vehicles; regular barber shops; photo studios; generic
drug stores; grocery stores, except for gourmet stores such as Dean &
Delucca or Fox & Obel; traditional hardware stores; Laundromats; shoe
repair; sporting goods store, other than specialty clothing; public utility
uses; nursing homes; telephone equipment buildings; municipal type uses;
cocktail lounges not associated with a restaurant; post offices and dry
cleaning operations.
8. The applicant has addressed all of the applicable factors required for a map
amendment and in writing, which is located under the map amendment tab on
pages 2 through 15.
9. No comments have been received from the neighboring property owners that
the proposed map amendment will negatively impact the adjacent properties.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested map amendment and authorize the Village Attorney to draft
the necessary ordinance for final consideration at the March 22, 2005 Board of
VILLAGE OF OAK BROOK Minutes Page 12 of 44 March 16, 2005
8. A.
Trustees meeting. VOICE VOTE: Motion carried.
OAK BROOK PROMENADE — 3001, 3003 & 3121 BUTTERFIELD ROAD —
SPECIAL USE
At its meetings on February 1 and February 15, 2005, the Zoning Board of Appeals
reviewed a petition submitted by NAI Hiffman on behalf of the owner, St. Paul
Properties, Inc., seeking approval of a special use for up to three outdoor dining areas
adjacent to the proposed restaurants that are part of the Oak Brook Promenade
redevelopment project. Even though the actual tenants are unknown at this time, the
applicant is seeking the special use to establish the location, operational framework
and design criteria for a "typical" outdoor dining area that is anticipated for each of
the three sit -down restaurants planned for the project.
The outdoor dining areas proposed for buildings A and B would be approximately
24 -ft. deep and are oriented towards the five acre water feature located at the corner
of Butterfield and Meyers Road. The outdoor dining area for building B is proposed
to be the largest of all facilities that are part of this special use. The smallest of the
three outdoor dining areas is proposed for the east side of building K and will be
approximately 15 -ft. deep. Access to the each of the outdoor dining areas would be
from within the restaurant and would include decorative fencing, lighting and
landscaping. Similar to other outdoor dining areas that have been approved in the
Village, it is expected that these dining areas will be utilized between April 1St and
October 15th of each year (weather permitting) and will not offer live music.
Recommendation
The Plan Commission, by a vote of 6 to 0 and the Zoning Board of Appeals, by a
vote of 4 to 0 have recommended approval of the special use as requested to allow up
to three outdoor dining areas adjacent to three restaurants proposed for the Oak Brook
Promenade. In making this recommendation, the Plan Commission and Zoning
Board found that:
1. The developer is proposing that the Oak Brook Promenade have up to three
upscale restaurants at part of its final tenant mix.
2. The applicant has proposed as part of their special use, specific design criteria that
will control the location, size, design, lighting and operational aspects of teach
outdoor dining area that are detailed in the case file.
3. The outdoor dining arrangements proposed by the applicant are consistent with
previously approved special uses for other outdoor dining arrangements in the
Village.
4. The applicant has addressed all the applicable factors required for a special use as
explained in writing under the special use tab in the case file.
VILLAGE OF OAK BROOK Minutes Page 13 of 44 March 16, 2005
8. 5. With regard to the outdoor dining area proposed for building K, the petitioner
testified that the additional safety mechanism added would be a low masonry wall
barrier that would provide protection as an integrated design that would be part of
the building, including pilaster and brick which would be difficult for a car to get
through and would more effectively protect patrons.
6. Any future outdoor dining area that is proposed to be constructed that is not in
substantial conformance to the approved special use would be required to seek an
amendment to the special use.
7. The maximum seating capacities for each outdoor dining area would be
established at time of permit per the building and life safety code as adopted by
the Village of Oak Brook.
In making this recommendation, the both the Plan Commission and Zoning Board of
Appeals found that the applicant has satisfactorily addressed all applicable standards
required for a special use.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested special use for an outdoor dining arrangement and authorize
the Village Attorney to draft the necessary ordinance for final consideration at the
March 22, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried.
OAK BROOK PROMENADE — 3001, 3003 & 3121 BUTTERFIELD ROAD —
TEXT AMENDMENTS
At its meetings on February 1 and February 15, 2005, the Zoning Board of Appeals
reviewed a petition submitted by NAI Hiffman on behalf of the owner, St. Paul
Properties, Inc., seeking approval of several text amendments to the Zoning
Ordinance in order to facilitate development of the Oak Brook Promenade. The
specific text amendments include Sections 13 -7A -1, 13- 7A -3(B), and 13 -3 -8 of the
Zoning Ordinance.
A detailed description of each of text amendment is summarized in the following
(new language is underlined, deleted language is shown with a strike - through). Also,
the specific text amendments as requested by the applicant are contained in the case
file.
Text Amendments:
Section 13 -7A -1 — add text to permitted uses — health clubs.
Section 13- 7A -3(B) — amend text — Structure Height: Not more than thirty feet (30')
fifty feet (50') and not more than two (2) stories.
Section 13 -3 -8 — amend text — No structure shall be erected, converted, expanded,
VILLAGE OF OAK BROOK Minutes Page 14 of 44 March 16, 2005
8. A.
reconstructed or structurally altered to exceed the height limit measured above the
natural ground level, as determined by the village engineer, for the district in which
the structure is located. However, this height limit for skylights, steeples, flagpoles,
chimneys, radio and television aerials, wireless masts, or electric and telephone
service poles anywhere in the village; and mechanical rooms, penthouses or roof
structures for the housing of elevators, stairways, tanks, ventilating fans or similar
equipment, towers, water tanks, or elevators or other appurtenances anywhere in the
village except residential districts, shall be fifteen feet (15') thirty feet (30') above the
height limits of the district in which it is located and shall be for ornamental purposes
only and shall in no event be occupied.
Recommendation
The Plan Commission, by a vote of 6 to 0 and the Zoning Board of Appeals, by a
vote of 4 to 0 have recommended approval of several text amendments as requested
in order to facilitate construction of the proposed Oak Brook Promenade project. In
making this recommendation, the Zoning Board finds that:
1. The amendment to increase the maximum height of structures in the B -1 District
would have applicability to other existing parcels zoned B -1 (the two shopping
centers at the northwest and northeast corner of Route 83 and 16th Street).
2. The amendment to permit an additional 30 feet of height above the maximum
permitted by the district to accommodate the proposed tower may be appropriate
in the Oak Brook Promenade but may be excessive when compared to the other
developments in the community. This provision should be limited (i.e., to
redevelopment projects) and it is suggested that the Village Attorney draft
appropriate language to be included in the final ordinance.
3. As presented by the applicant, the proposed increased structure height for the Oak
Brook Promenade is deemed reasonable and no evidence was presented to show
that it negatively impact adjacent property owners.
4. It may be appropriate to consider a review of the other non - residential zoning
districts to determine what changes if any should be made relative to structure
height.
5. The proposed amendment to add "health clubs" as a permitted use in the B -1
District is deemed reasonable for not only the Oak Brook Promenade but any B -1
property °in the Village.
6. The applicant has addressed all of the applicable factors required for a text
amendment and as explained in writing under the text amendment tab on pages 3
through 6 in the case file.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested text amendments to the Zoning Ordinance and authorize the
Village Attorney to draft the necessary ordinance for final consideration at the March
22, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 15 of 44 March 16, 2005
8. A.
OAK BROOK PROMENADE — 3001, 3003 & 3121 BUTTERFIELD ROAD —
VARIATIONS
At its meetings on February 1 and February 15, 2005, the Zoning Board of Appeals
reviewed a petition submitted by NAI Hiffman on behalf of the owner, St. Paul
Properties Inc. seeking approval of several variations in order to facilitate
development of the Oak Brook Promenade.
A detailed description of each variation request is summarized in the following:
Variations:
1.
2.
3.
5.
Section 13- 7A -3(C) (1) (c) Lot Area Requirement — Yards — requires that
buildings in B -1 district shall not be erected within a sixty foot (60') setback
from the right -of -way. Petitioner is requesting relief from this requirement to
allow for a fifty foot (50') setback.
Section 13- 11- 7(A) -4 Sign Height — requires that all building signs be
properly affixed to the building walls, that the signs shall not extend outwards
more than twelve inches (12 ") or project higher than thirty feet (30').
Petitioner is requesting relief from this requirement to allow for blade and fin
signs that may project outward not more than thirty inches (30 "). Petitioner is
also requesting that signage be allowed to project up to thirty -six feet (36')
from the curb, rather than the thirty feet (30') allowed by Code.
Section 13- 12 -4(C) Design and Maintenance — Interior Parking Lot
Landscaping — requires that a landscaped divider be provided for every three
(3) bays of parking. Petitioner is requesting relief from this requirement for
four (4) parking bays to the west of building "B." In order to accommodate
the required number of spaces, Petitioner will not have the required divider
every three (3) bays. Petitioner will provide landscape screening of the
parking area along the Tollway and Meyer's Road. It is important to note that
the Project as designed is approximately 50% open space.
Section 13- 12 -4(C) Design and Maintenance — Interior Parking Lot
Landscaping — requires that interior shade trees be planted with a maximum
spacing of forty feet (40'), provided that at least one tree is located in the area
occupied by every fifteen (15) interior parking spaces. Petitioner is requesting
relief from the requirement that at least one tree be located in the area of every
15 parking spaces. Petitioner is exceeding the overall tree requirement of one
tree for every 15 parking spaces and many of the shade trees will be larger
than the required 4 " -6" caliper to continue the feeling of a more established
landscape.
Section 13- 12 -4(C) Design and Maintenance — Interior Parking Lot
Landscaping — requires that interior shade trees be planted in the parking areas.
Petitioner is asking for relief from this requirement and asking to be allowed to
VILLAGE OF OAK BROOK Minutes Page 16 of 44 March 16, 2005
8. A.
plant ornamental trees above the underground parking garage and within the
Commonwealth Edison easement. Tree planting is restricted in these areas due
to limited soil depth, and the overhead lines respectively, although ornamental
trees will be planted wherever possible.
6. Section 13- 12 -3(C) Off Street Parking Regulations — Size and Aisles —
requires that aisles for parking accessory to non - office uses are twenty -seven
feet (27'). Petitioner is requesting relief from this requirement. Petitioner has
designed the parking areas with twenty -four foot (24') drive aisles (which is
the Village's requirement for office parking) to minimize the asphalt areas.
The 24' aisles allow for larger pedestrian and hardscape /landscape areas.
7. Section 13- 12 -3(H) Off Street Parking Regulations — In Yards — requires that
off - street parking spaces, open to the sky, in nonresidential districts be no less
than ten feet (10') from the nearest lot line. Petitioner is asking relief form this
requirement to allow for parking on the western side yard and southwestern
rear yards (along Technology Drive).
8. Section 13- 12- 3(E) -4 Off Street Parking Regulations — Access — requires that
the spacing between separate driveway entrances on a lot be no less than forty
percent (40 %) of the length of the lot line adjoining the street, or found
hundred feet (400'), which ever is less. There are three entryways into the
Project off Butterfield Road. Entry A on the western Property line allows
access to employee parking and rear parking and building entryways; Entry B
is a full signalized entry drive approximately two hundred ninety -two feet
(292') to the east of Entry A and serves as the main point of ingress and egress
for the Project; and Entry C is approximately three hundred forty feet (340') to
the east of the signalized drive. The spacing between Entry A and Entry B is
one hundred eight feet (108') less than the required 400' feet required by Code
and the spacing between Entry B and Entry C is sixty feet (60') less than
required by Code. Petitioner is asking relief from this requirement because
approximately 40% of the footage on Butterfield Road fronts the regional
detention pond. Therefore, the Property does not allow for a 400' space
between Entries A and B nor does it allow for a 400' space between Entries B
and C. The three entryways, however, are important to efficiently handle the
incoming traffic for the Project.
Recommendation
By a vote of 4 to 0, the Zoning Board of Appeals recommended approval of the
proposed variations in order to facilitate construction of the proposed Oak Brook
Promenade project. In making this recommendation, the Zoning Board of Appeals
finds that:
1. The applicant has addressed all of the applicable factors required for each of the
variations as explained in writing under the variation tab in the case file.
2. The proposed variations are deemed reasonable and based on circumstances
VILLAGE OF OAK BROOK Minutes Page 17 of 44 March 16, 2005
8. A.
unique to the property, including the 5 -acre pond, .5 -acre floodplain and the 1-
acre ComEd easement with high- tension wires on the property.
3. No evidence was presented to show that any of the variations would negatively
impact adjacent property owners.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the
recommendation from the Zoning Board of Appeals to approve the requested
variations and authorize the Village Attorney to draft the necessary ordinance for
final consideration at the March 22, 2005 Board of Trustees meeting. VOICE VOTE:
Motion carried.
Ms. Riordan pointed out that there is a piece of property which is not in the Village
limits yet, on the property, and the petitioner plans to come before the Village to
petition for annexation. They would like to include in the ordinance contingent upon
the annexation. The second request is that the petitioner work with the Village
Attorney to make the ordinance conditioned upon the approval of tax increment
financing. She noted it is on the agenda under Agenda Item 9. K. but that is one of
the important ingredients in this project.
Trustee Aktipis asked who has jurisdiction of the parcel they wish to incorporate.
Ms. Riordan indicated that it is in unincorporated DuPage County owned by St. Paul
Properties.
Attorney Spiroff inquired that the annexation is not part of these proceedings thus far.
Community Development Director Kallien stated that this is correct. Attorney
Spiroff asked upon annexation that the property would be a more restrictive zoning
classification and would need to be rezoned. Director Kallien indicated that is correct
as all of the requests before the Village Board this evening, the petitioner has
incorporated that piece of property into them. The missing link is the annexation of
the property into the Village which would be done by a separate ordinance.
Attorney Spiroff stated his concern was drafting the map amendment, perhaps the
resolution approving the plat for the property that is not yet in the Village of Oak
Brook and for which a hearing is required before it can be rezoned to the appropriate
zoning classification. These ordinances could not be drafted for the next Board
meeting if this property is to be part and parcel of this project.
Trusee Aktipis suggested that if the Board decides this evening that incorporating this
section into Oak Brook is appropriate, the Attorney could move forward with
presenting an ordinance to incorporate which would be voted at the next Board
meeting prior to the remaining ordinances.
Attorney Spiroff stated that could happen with an annexation ordinance that could be
VILLAGE OF OAK BROOK Minutes Page 18 of 44 March 16, 2005
8. A.
passed but he is concerned with any rezoning. Director Kallien explained that the
zoning request included this so technically it is all right as the hearing has been held
already. Attorney Spiroff agreed with this, as Trustee Aktipis is correct, that at the
next meeting will be the passage of the annexation ordinance and then the remaining
ordinances and resolutions.
Trustee Aktipis asked if the Board had to confirm the annexation at this point by
vote. Attorney Spiroff stated that no the Board could not confirm this as it is not on
the agenda. So long as that is the direction of the Board, that ordinance will be
prepared and considered along with the other ordinances and resolutions but it should
be considered first.
President Quinlan asked for a consensus from the Board of Trustees that it is their
intention to annex that piece of property within the Village of Oak Brook and be
prepared for the next Village Board meeting. The Board of Trustees concurred with
this request.
9. UNFINISHED BUSINESS:
A. CONFIRMATION OF APPOINTMENTS
1) Police Chief
President Quinlan and the Board of Trustees addressed this item earlier in the meeting.
B. ORDINANCES & RESOLUTIONS - None presented.
C. AWARD OF CONTRACTS
1) 2005 PAVING PROJECT
Nine sealed bids were opened on Tuesday, February 1, 2005. The numeric low bid
submitted by Bartlett Bituminous Asphalt, is not acceptable because it was not a
responsible bid based on financial information received from Merritt Credit
Bureau, Inc. James Benes and Associates (our consulting engineer) recommends
that we award the contract to the second low bidder, Central Blacktop, Co., Inc.
The bid submitted by Central Blacktop, Co., Inc., in the amount of $948,847.40 is
approximately 1.5% higher than the Engineer's estimate of $935,191.30. The
Village has worked with Central Blacktop in the past and they have performed
adequately.
Project work includes bituminous milling and resurfacing, bituminous patching,
curb removal and replacement, structure adjustment /replacement, pavement
VILLAGE OF OAK BROOK Minutes Page 19 of 44 March 16, 2005
9. C. 1)
striping and landscape restoration. Impacted roadways include 16th Street (Rt 83 -
Spring Rd.), Spring Road (22nd St. - 16th St.), Harger Road (Spring Rd. - 500'
East), York Lake Court, and 309 Trinity Lane Curb and Gutter.
Motion by Trustee Zannis, seconded by Trustee Aktipis, that the Village Board
award a contract to the lowest responsive and responsible bidder, Central Blacktop
Co., Inc., 6160 South East Avenue, PO Box 2080, LaGrange, Illinois 60525,
subject to staff review, for the 2005 Paving Project in the amount of $948,847.40.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) GOLF COURSE COMMODITIES
Bid packages were sent to eight companies and the legal notice soliciting bids was
published on February 9, 2005. Eight sealed bids were opened on Wednesday,
February 23, 2005.
As indicated on the bid tabulation, staff is recommending acceptance of some bids
(items #1, 4, 5, 6, 7, 8, 15, 16, 20, 21, 25, 26, and 32) that were not the lowest
submitted price (the lower priced items were for proposed substitutions that did
not meet the Village's specifications). Item #28 was a tie, however two bids were
for an unacceptable substitution.
Contracts with these companies will operate as requirements contracts (orders will
only be placed when and if the Golf Course has such needs). Bid prices are firm
for the entire calendar year. There is no requirement that the Village purchase a
set quantity (the Village retains the right to either increase or decrease quantities at
our sole option). The Village also has the option to purchase the same items
through other sources (e.g. in an emergency when an item is needed sooner than it
can be supplied by the low bidder).
Motion by Trustee Craig, seconded by Trustee Korin, that the Village Board award
requirements contracts to the following seven companies:
Arthur Clesen, Wheeling, Illinois; Bojo Turf Supply (BTSI), New Lenox, Illinois;
Chicagoland Turf, Addison, Illinois; Consery FS, Tinley Park, Illinois; Eagle One
Golf Products, Anahein, California and Growing Solutions, New Lenox, Illinois
subject to staff review, based on unit prices bid by the lowest responsive and
responsible bidders, as indicated on the bid tabulation. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 20 of 44 March 16, 2005
9. C. 2)
Trustee Yusuf pointed out that thirty -nine items are being purchased with seven
bidders as the Village goes with the lowest bidder on an item by item basis which
maximizes the value of the Villages monies.
3) GOLF COURSE MAINTENANCE EQUIPMENT
Three sealed bids were opened on Wednesday, February 23, 2004. Bid packages
were sent out to four companies. One "no bid" was also received.
Staff recommends the purchase of two (2) Toro Procore 648 Core Cultivator from
Turf Professionals Equipment Company (TPEC) for the price of $34,641.40 minus
the trade in value of $500.00 for a 1986 Toro Core Cultivator for a net price of
$34,141.40.
Staff also recommends the purchase of a Reelmaster 5400 D Fairway Mower from
TPEC for the price of $33,093.28 minus the trade in value of $300.00 for a
Jacobsen LF 100 Fairway Mower for a net price of $32,793.28.
Staff also recommends the purchase of a Toro 3200 Utility Vehicle from J.W. Turf
Inc. for the price of $14,245.00 minus the trade in value of $650.00 for a 1994
Cushman Utility Vehicle plus the trade in of a 1998 Ransomes 951D/3 Open Field
Mower for $3,200.00 for a net price of $10,395.00.
The numeric low bid for the LF 3400 Fairway Mower, submitted by Burris
Equipment, was not an acceptable substitution for the following reasons: 1) During
the three years the Village has owned this type of equipment from this
manufacturer staff has replaced hydraulic reel motors and axles. These types of
repairs are considered to be excessive and beyond normal wear and tear. 2) These
mowers are essential to providing premium playing conditions. These mowers
were off -line for approximately three weeks for repairs. Staff considers this
amount of time as excessive and not acceptable.
Qty
Equipment
J.W.Turf
Burris
Equip.
TPEC
2
Toro ProCore 648
Cultivator
No Bid
No Bid
$34,641.40
2
1986 Toro Core
Cultivator (Trade In)
($500.00)
Net Price
$349141.40
1
Reelmaster 5400 D
Fairway Mower
$35,200.00
$29,200.00
$33,093.28
1
Jacobsen LF 100
($200.00)
($200.00)
($300.00)
VILLAGE OF OAK BROOK Minutes Page 21 of 44 March 16, 2005
E
C. 3)
Motion by Trustee Craig, seconded by Trustee Zannis, that the Village Board
award contracts, subject to staff review, to the lowest responsive and responsible
bidders, Turf Professionals Equipment Company (TPEC), 1170 W. Ardmore,
Itasca, Illinois 60143, in the amount of $66,934.68 (including trade -ins) and J.W.
Turf Inc., 14 N 937 US Hwy 20, Hampshire, Illinois 60140 in the amount of
$10,395.00 (including trade -ins) for Golf Course Maintenance Equipment. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
4) POLICE DEPARTMENT UNIFORMS AND EQUIPMENT
Kale Uniforms has agreed to again honor 2003 prices for police uniforms and
equipment through 2005. Kale has been the sole supplier of uniforms and
equipment for the Police Department for the past 6 years. The Police Department
has built a great working relationship with Kale and the service is outstanding. By
remaining with Kale Uniforms, the Village maintains uniformity and quality in the
uniforms and equipment that are issued to the Village's officers.
The last time the Village went out to bid for police uniforms and equipment was
2003. Kale Uniforms was the only bidder that submitted a responsive bid to
Village specifications. The second company that submitted a bid, Ray O'Herron,
did not meet the Village's specifications and no longer supplies police uniforms.
Staff is unaware of any other supplier in the area that carries Oak Brook's police
uniform specifications.
This contract will operate as a requirements contract. Orders will be placed when
and if the Police Department has such needs There is no requirement that the
VILLAGE OF OAK BROOK Minutes Page 22 of 44 March 16, 2005
Fairway Motor
(Trade In)
Net Price
$35,000.00
$29,000.00
$329793.28
1
Toro 3200 Utility
$143245.00
$195461.00
$16,548.35
Vehicle
1
1994 Cushman
($650.00)
($200.00)
($1,000.00)
Utility Vehicle
(Trade In)
1
1998 Ransomes.
($3,200.00)
($1,500.00)
($1,000.00)
951 d/3 Open Field
Mower (Trade In)
Net Price
$109395.00
$17,761.00
$14,548.35
Motion by Trustee Craig, seconded by Trustee Zannis, that the Village Board
award contracts, subject to staff review, to the lowest responsive and responsible
bidders, Turf Professionals Equipment Company (TPEC), 1170 W. Ardmore,
Itasca, Illinois 60143, in the amount of $66,934.68 (including trade -ins) and J.W.
Turf Inc., 14 N 937 US Hwy 20, Hampshire, Illinois 60140 in the amount of
$10,395.00 (including trade -ins) for Golf Course Maintenance Equipment. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
4) POLICE DEPARTMENT UNIFORMS AND EQUIPMENT
Kale Uniforms has agreed to again honor 2003 prices for police uniforms and
equipment through 2005. Kale has been the sole supplier of uniforms and
equipment for the Police Department for the past 6 years. The Police Department
has built a great working relationship with Kale and the service is outstanding. By
remaining with Kale Uniforms, the Village maintains uniformity and quality in the
uniforms and equipment that are issued to the Village's officers.
The last time the Village went out to bid for police uniforms and equipment was
2003. Kale Uniforms was the only bidder that submitted a responsive bid to
Village specifications. The second company that submitted a bid, Ray O'Herron,
did not meet the Village's specifications and no longer supplies police uniforms.
Staff is unaware of any other supplier in the area that carries Oak Brook's police
uniform specifications.
This contract will operate as a requirements contract. Orders will be placed when
and if the Police Department has such needs There is no requirement that the
VILLAGE OF OAK BROOK Minutes Page 22 of 44 March 16, 2005
9. C. 4)
Village purchase a set quantity (the Village retains the right to either increase or
decrease quantities at our sole option). Staff also has the option to purchase the
police equipment through other sources in cases of emergency if needed sooner
than it can be supplied by Kale Uniforms.
Motion by Trustee Yusuf to table this agenda item to the next Village Board
meeting and direct staff to seek competitive bids from other area vendors.
He suggested Ray O'Herron who is closer geographically but he does not know if
the firm could meet the specifications of the Village and determine the price.
President Quinlan asked Trustee Yusuf to continue the agenda item.
Motion by Trustee Yusuf, seconded by Trustee Aktipis, to continue this agenda
item to the next Village Board meeting and direct staff to seek proposals for the
purchase of these items. VOICE VOTE: Motion carried.
Purchasing Director Kapff explained that the Village went out to bid in 2003. Ray
O'Herron did submit a bid at that time and they did not meet the specifications of
the Police uniforms based on the research of the Police Department.
D. DISCUSSION OF INDEMNIFICATION OF EMPLOYEES, OFFICERS AND
COMMISSION /COMMITTEE MEMBERS
This discussion was continued from the Regular Board of Trustees Meeting of
February 22, 2005. Trustee Korin asked that section 745 ILCS 10/1 -202 of the State
Statutes be reviewed by the Board. Trustee Korin recommended that a motion be
passed directing the Village Attorney to draft an ordinance for Indemnification of
Employees, Officers and Commission/Committee Members.
Trustee Korin stated that during the work of the Ad Hoc Audit Committee the issue
arose whether or not the resident members would be covered by indemnification.
When the Village Attorney was asked whether or not there would be coverage for that
type of position but for any type of Committee the Village has created, they were told
there wasn't coverage. She stated State Statute Section 1 -2.02 which defines "an
employee as including President, former officer, member of the Board, Commission or
Committee, agent, volunteer, servant or employee whether or not compensated but
does not include an independent contractor." She believes that there is precedence
within the State Statute for that type of coverage. Because the Board was told by the
Village Attorney that there wasn't that coverage, she contacted IRMA
(Intergovernmental Risk Management Association) that the Village has to cover
certain issues and indeed the members of the Ad Hoc Audit Committee and any other
committee is covered under that policy. She suggested that some type of specific
VILLAGE OF OAK BROOK Minutes Page 23 of 44 March 16, 2005
9. D.
language should be included in the Village Code that pertains to members outside of
the Village Board. She asked if the Board is in agreement of this request and that
Attorney Spiroff draft an ordinance for the Village Code.
President Quinlan stated that he agrees with this proposal as the Zoning Board of
Appeals, Plan Commission and other committees are protected doing the work of the
Village.
Motion by Trustee Korin, seconded by Trustee Aktipis, to direct the Village Attorney
to draft an ordinance that states specific language for Indemnification of Employees,
Officers, Commission and Committee members. VOICE VOTE: Motion carried.
E. MOTION TO CLARIFY PREVIOUS MOTIONS CREATING AND
AUTHORIZING THE WORK OF THE AD HOC AUDIT COMMITTEE
At the special Village Board meeting of March 2, 2005 the Board of Trustees passed a
motion to clarify the previous motions creating and authorizing the work of the Ad
Hoc Audit Committee by granting additional time in which to submit its report, up to
and including March 22, 2005; and be authorized to compare the legal fees of the
current attorney and the prior attorney to report on whether the appointment of the
current attorney and his firm was indeed "budget neutral" and whether retaining an
attorney in a firm provides a greater benefit to the Village of Oak Brook as opposed to
hiring an in -house part-time attorney. Trustee Korin has again requested that this
subject be placed on the agenda of the Board of Trustees meeting of March 16, 2005.
Motion by Trustee Korin, seconded by Trustee Caleel, to clarify the previous motions
creating and authorizing the work of the Ad Hoc Audit Committee by granting
additional time in which to submit its report, up to and including March 22, 2005; and
be authorized to compare the legal fees of the current attorney and the prior attorney to
report on whether the appointment of the current attorney and his firm was indeed
"budget neutral" and whether retaining an attorney in a firm provides a greater benefit
to the Village of Oak Brook as opposed to hiring an in -house part-time attorney.
VOICE VOTE: Motion carried.
Motion by Trustee Korin, seconded by Trustee Caleel, to adopt the Ad Hoc Audit
Committee Report as presented. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
F. DISCUSSION AND ADOPTION OF THE AD HOC COMMITTEE REPORT
This topic was continued from the Regular Board of Trustees Meeting of February 22,
VILLAGE OF OAK BROOK Minutes Page 24 of 44 March 16, 2005
9. F.
2005 at the request of Trustee Korin.
1) Motion to Adopt Certain Recommendations of the Ad Hoc Audit Committee
Trustee Korin acknowledged Ad Hoc Audit Committee member Donald Adler in
attendance of the meeting. She explained that the motion was placed on the agenda to
facilitate discussion regarding whether any of these recommendations are to be
adopted now-or have a Committee -of -the -Whole meeting to discuss all of these
recommendations.
President Quinlan suggested that if a public hearing is desired, the Committee-of-the -
Whole meeting would be a proper venue. It was a consensus of the Village Board that
the next Committee -of -the -Whole meeting will be Monday, March 21, 2005.
President Quinlan also suggested that Mr. Adler attend that meeting.
G. MOTION TO DIRECT THE VILLAGE ATTORNEY TO RECUSE HIMSELF
FROM ANY FURTHER ISSUES IN WHICH HE OR HIS LAW FIRM HAVE AN
iNTFR F CT
At the Special Village Board meeting of March 2, 2005, Trustee Korin stated that the
Village Attorney had failed to comply with the direction of the Board of Trustees
meeting of February 22, 2005 in creating an ordinance by the date of February 28,
2005 authorizing the engagement of an investigator. Also the Village Attorney
provided no justification for his failure to meet the direction of the Village Board. The
Village Attorney was directed to prepare an ordinance that would have subjected the
Village Attorney and his firm to an investigation concerning his performance,
professionally and ethically and that the Village Attorney did not do so despite the
Village Board's direction.
Motion by Trustee Korin, seconded by Trustee Caleel, that the Village Attorney
refrain in the future from providing advice or opinions to the Board or any member of
the Board of Trustees concerning any matters in which the Village Attorney or his law
firm have an interest including but not limited to the contract with the investigator.
Trustee Yusuf asked that this be clarified further when the motion states concerning
any matter in which the Village Attorney may have an interest. As any matter the
Attorney handles, he would have an interest in some extent. He would like to have it
limited to beyond that interest which is created by his duties as Village Attorney on a
normal basis and still referencing the specific issue of the investigator.
Trustee Caleel indicated that the language needs to be discussed because the Attorney
could state any matter has to do with the Village is his domain. He explained that like
anything else, if he has personal interest, that the Attorney recuse himself in terms of
VILLAGE OF OAK BROOK Minutes Page 25 of 44 March 16, 2005
9. G.
opinions, voting or anything of that nature. That is what the Board is asking Attorney
Kubiesa to recuse himself when his opinion has some influence in terms of personal
matters.
Attorney Spiroff explained that Trustee Yusufl s comments are appropriate as well as
Trustee Caleel's. He remarked that anything that Attorney Kubiesa or his firm does
for the Village of Oak Brook that they have an interest. He suggested that the interest
needs to be more clearly defined so that can try to accomplish what the Board is
requesting otherwise they would recuse themselves from doing everything.
Trustee Caleel again reiterated that if their opinion has something to do with a matter
in which he is personally involved, such as a lawsuit against the Village Board or
discussing the fee schedule or something of that interest, is the sort of interest they are
referring as specific matters.
Trustee Aktipis indicated any area where the firm may have a personal conflict of
interest or ethical conflicts including the appointment of the investigator. He
suggested that Attorney Kubiesa has interfered with the appointment of the
investigator because he has not welcomed the investigation and this is totally
inappropriate for Attorney Kubiesa to be involved and act in a manner that inhibits or
interferes with an investigation.
Trustee Zannis stated another example of this was the creation of the Ad Hoc Audit
Committee as originally Attorney Kubiesa's opinion was that having such a committee
was illegal. Considering that his company's billing practices, methods and everything
outlined in the objectives of that committee were being questioned and it was difficult
for him to render an objective opinion as to whether or not that committee was legal.
Originally he ruled the committee was not legal and then ruled it was legal as it had to
follow certain guidelines and then that changed as well. She suggested it would have
been so much easier for him had he recused himself from the beginning and then all
those months and additional hours were billed discussing that would have been
avoided.
Trustee Caleel stated that Attorney Kubiesa gave the Board his legal opinions and then
charged for them and then changed the opinions and charged the Village again as the
Board did not ask for the opinion.
Attorney Spiroff commented that Attorney Kubiesa or himself believes that they are
professionally obliged to give the Board an opinion, they must do that as the Board
may not know to ask for an opinion. As Trustee Caleel mentioned previously if there
is any ethical or professional conflict, of course, the firm would recuse itself. The
issue with the Ad Hoc Committee was not any objection or claim that the Village
could not investigate that, it was the method in which it was done and creating the
VILLAGE OF OAK BROOK Minutes Page 26 of 44 March 16, 2005
9. G.
committee because Attorney Kubiesa's opinion was that the committee was
improperly and illegally formed. If he thinks that something is beyond the Village's
authority, he is ethically obliged to inform the Village. If the Village Board had
performed that same investigation, there would have been no issue. He suggested that
he was trying to make a distinction between what the end is, what might be versus the
means. That was the issue with which Attorney Kubiesa took an issue.
Trustee Aktipis suggested that the Board pass the motion as worded as there is a
common sense understanding OF what a conflict of interest is. Trustee Yusuf
suggested one change where it states "to ratify the motion stated at the March 2, 2005
Special Village Board meeting that the Village Attorney refrain in the future from
providing advice or opinions, etc." and asked to remove that word "refrain in the
future" and insert "recuse himself'. He believes this addresses the situation extremely
well.
Trustee Korin stated that the Village Attorney would recuse himself from providing
advice or opinion to the Village Board or any member of the Board of Trustees
considering any matters in which the Village Attorney or his law firm have interest
including but not limited to the contract with the investigator.
Attorney Spiroff suggested that if it merely states consistent with an attorney's ethical
obligations under Supreme Court's Canons of Ethics this would accomplish the same
thing and it would be clear what is meant.
Motion by Trustee Korin, seconded by Trustee Caleel, to amend the original motion to
ratify the motion stated at the March 2, 2005 Special Village Board that the Village
Attorney recuse himself from providing advice or opinions to the Board or any
member of the Board of Trustees concerning any matters in which the Village
Attorney or his law firm have an interest including but not limited to the contract with
the investigator. VOICE VOTE: Ayes: Trustee Aktipis, Caleel, Craig, Korin and
Zannis. Nays: Trustee Yusuf. Motion carried.
H. MOTION TO REVIEW THE VILLAGE ATTORNEY'S ACTION ON MARCH 2,
2005 FOR REFUSING TO MAKE HIMSELF AVAILABLE FOR THE SPECIAL
BOARD OF TRUSTEES MEETING
Trustee Aktipis asked for this motion to review by the Board the actions of Attorney
Kubiesa relative to information that he provided to the Village President prior to the
March 2, 2005 Special Board meeting. The review includes the memorandum of
Attorney Kubiesa dated March 5, 2005 addressed to the Village President relative to
this motion.
Motion by Trustee Aktipis, seconded by Trustee Zannis, that Attorney Kubiesa's
VILLAGE OF OAK BROOK Minutes Page 27 of 44 March 165 2005
advice provided to Village President Quinlan relative to the meeting of March 2, 2005
be reviewed by the Village Board and, in particular, the Board finds that Attorney
Kubiesa refused to attend the meeting of March 2, 2005 and refused to send an
attorney of his firm in his stead to attend and also, 2. that Attorney Kubiesa refused to
provide advice to the Trustees or make some other attorney in his firm available for
advice to the Village Board about the legality or illegality of President Quinlan's view,
regarding the March 2, 2005 meeting. VOICE VOTE: Motion carried.
I. DISCUSSION AND DIRECTION ON THE RULES OF CONDUCT FOR VILLAGE
BOARD MEETINGS VIA ELECTRONIC MEANS
At the February 22, 2005 meeting the Board adopted a motion directing that an
ordinance be drafted to set the rules for allowing attendance and voting at Board
meetings via electronic means. Attorney Spiroff has prepared a memorandum which
provides numerous items that the Board should consider in directing the preparation of
the ordinance.
President asked to seek a motion to direct the Village Attorney to create the ordinance
to include rules of conduct as it relates to this issue. He stated his concern is that it
would not include vacation time and to state rules of electronic means of participation
that is for the full meeting and not one particular subject.
Trustee Caleel concurred with President Quinlan that it is only for hardships and a
limit on how many times in a given year that this process is used and a reason for non-
attendance of the meeting.
It was a consensus of the Village Board to direct the Village Attorney to secure other
municipal ordinances such as Orland Park and use it as a basis to prepare an
ordinance.
Attorney Spiroff asked for further direction that when the motion is made to include
the limit of times this should occur, whether to prohibit this means for public hearings,
votes on such things as bond issues or more important matters.
Trustee Aktipis also suggested that the Village Manager survey the area communities
of what approaches they have used and what type of limitations so that the Board
could make an informed decision.
Manager Boehm did note that the Village Clerk has sent a survey of municipalities in
the area and has not found many municipalities that use this type of communication.
He recommended that some type of communication device would need to be
purchased so that everyone could hear, including the audience and Board members.
Trustee Caleel suggested two or three as the limitations that this process could be
VILLAGE OF OAK BROOK Minutes Page 28 of 44 March 16, 2005
9. I.
used.
President Quinlan asked for a motion. The Board requested that the Village Manager
completes a survey first so that the Board could give better direction to staff as to how
to proceed.
J. MOTION TO ENGAGE AN INVESTIGATOR FOR REVIEW OF WORK OF THE
VILLAGE ATTORNEY AS OUTLINED IN MOTION PASSED BY THE BOARD
OF TRUSTEES AT THE MARCH 2, 2005 MEETING
The Village Board of Trustees at their meeting of February 22, 2005 had previously
directed the Village Attorney to prepare an ordinance to engage an investigator and at
their Special Board Meeting of March 2, 2005 directed the Village Manager to
contract with Attorney James R. Figliulo for investigative services.
Motion by Trustee Zannis, seconded by Trustee Korin, to ratify the motion stated at
the March 2, 2005 Special Meeting to direct the Village Manager, on behalf of the
Village, to contract with James R. Figliulo for investigative services pursuant to the
engagement which will be provided to the Village Clerk at the rate set forth not -to-
exceed $15,000 for the scope described in the February 22, 2005 motion adopted by
the Board of Trustees and that the Village Manager issue payment of a deposit against
future hourly billings of the investigator in the amount of $15,000 at the time of
delivery of the signed contract.
President Quinlan stated that he has the right to veto this motion and that he has a set
time to exercise that veto. He publicly acknowledged that he intends to issue a veto at
the appropriate time on this motion in which the Village Manager cannot take any
action on this at this time. President Quinlan stated that the Board is welcome to vote
at this time but he would make it clear what is intentions are regarding this.
Trustee Yusuf offered that he did not believe it was necessary to spend $15,000. If
there are any issues regarding the Village Attorney, the ARDC are the people who
handle it. It doesn't cost the Village anything to have them handle this situation.
Trustee Aktipis suggested there are two serious problems with his suggestion. The
first one is that it is inappropriate for the Village to refer their attorney on ethical
issues. It would be a violation of Attorney Kubiesa's rights for the Village Board to
do so without an independent investigator making certain that the Board has a good
basis on which to refer Attorney Kubiesa to such an investigative body. He again
stated that it would be irresponsible for the Board to do so without proper foundation.
Number two it would be totally inappropriate and risky for the Village Board to take
such action without the Board ensuring that it is fully protected through the findings of
an independent investigator. So Trustee Yusuf's opposition to spending some funds to
VILLAGE OF OAK BROOK Minutes Page 29 of 44 March 16, 2005
9. J.
ensure Attorney Kubiesa's rights and for protecting the Village is actually short
sighted of him.
Trustee Yusuf stated he did not agree and that all the Board is requesting that there is a
possibility that merits investigating. Trustee Zannis recommended that it is important
to begin with the intent of this process. She stated first of all there was action taken by
Attorney Kubiesa which involved a Village Trustee that she believes put him in a
compromised position. At the point that Trustee Zannis heard this, at that moment she
wanted a second opinion. She wanted to know if that was good or not good and she
was denied that opportunity. Then she came to this Board and asked for legislative
counsel or a second legal opinion whereby she was subsequently denied. She
remarked that she wants to know which position she should defend. Does she believe
that Attorney Kubiesa's actions were ethically correct or that he compromised a
Village Trustee. The only way she believes she can receive the other opinion is to ask
for an investigation. She suggested this is not a disciplinary action or to cast
aspersions on anyone's actions and she does not want to take Attorney Kubiesa to the
ARDC. She wants to know why standard operating procedures were not followed.
President Quinlan called the question as he previously made his intentions clear that
he will return his veto at the appropriate time. ROLL CALL VOTE:
Ayes: 4 - Trustees Aktipis, Caleel, Korin and Zannis.
Nays: 1 - Trustee Yusuf.
Pass: 1 - Trustee Craig.
Absent: 0 - None. Motion carried.
K. AN ORDINANCE PROPOSING APPROVAL OF A REDEVELOPMENT PLAN
AND PROJECT FOR DESIGNATING THE OAK BROOK PROMENADE
REDEVELOPMENT PROJECT AREA, ADOPTING TAX INCREMENT
ALLOCATION FINANCING THEREFORE, CREATING AN INTERESTED
PARTIES REGISTRY, CONVENING A JOINT REVIEW BOARD AND
CALLING A PUBLIC HEARING IN CONNECTION THEREWITH (MARKED
AGENDA ITEM 6.L)
The Board at its meeting of February 22, 2005 authorized that the Oak Brook
Promenade Tax Increment Financing Redevelopment Plan and Project report on file
prior to the Public Hearing. The documents now before the Board are describing the
proposed redevelopment area via legal description; setting for an interested parties
registry; the required legal notice to establish the registry of interest parties; the
notice of public hearing, and the estimated preliminary expenditures.
Ms. Riordan, representing the petitioner, stated that the ordinance sets a date for a
public hearing, there is a redevelopment plan, and under the Illinois TIF Statute the
Village Board may not take any action until it has followed certain legislative
VILLAGE OF OAK BROOK Minutes Page 30 of 44 March 16, 2005
9. K.
requirements. One of which is a public hearing. To have a public hearing the Village
Board has to set a date at least forty -five days in advance. In addition to this, the
Board has to make certain notices published, convene other meetings and as a result
of that it culminates into a public hearing where the public has a right to come and
comment on the document. After the public hearing, the Village Board may not take
any action for at least fourteen days. If this ordinance is adopted now, it calls for a
public hearing on May 10, 2005 which is the first night that the Board would be
seated. Due to State Statute it states that action cannot be taken until at least fourteen
days after the public hearing, the earliest the Village Board could act on any TIF
would be May 24, 2005. That way there isn't any way the new Board members
would be excluded from this process. There has been discussion of the concept of
blight in Oak Brook. She explained that the TIF Statue has a very strict definition of
the term "blight ". In the redevelopment plan under Section C. 3 there is an eligibility
study which Cameros goes through all of the details of the findings of blight with a
chart of what parcels they see blight, what they found blight on and why they believe,
based in the Statutory definition, that this property could qualify with a finding of
blight. The Village is not being asked to adopt that finding or to adopt tax increment
financing. The problem they have with this parcel isn't unique to Oak Brook if they
move the parcel to Lake Forest, Chicago or anywhere else. The problem with this
project is that it is a redevelopment project with existing structures that they need to
pay for, tear down and then reuse. Also there is a five acre pond that does not
provide detention for this property and 100 ft. high tension easement that runs along
the back of the property, buildings obsolete, vacancy rate is 70% and the main
entryway is back in the warehouse area. Over the last five years, the EAV in the
Village of Oak Brook has risen 30% while the EAV on this property has declined.
The motion to approving the project is contingent upon the TIF as it is difficult to
persuade the investors as a $50,000,000 investment is needed to go forward with the
project without some level of tax increment financing. In the development plan there
is discussion of eligible costs of $19,000,000 for TIF treatment which doesn't mean
the Village is committing to it or that the developer is asking for it. The petitioner is
just asking the Board to setup the process that is necessary for the Board of Trustees
so that they can consider the request.
Trustee Aktipis asked if the TIF is approved, which public bodies will find their taxes
affected. Ms. Riordan explained that all of the taxing districts that have the power to
levy on the property will be represented on the Joint Review Board. The ordinance
sets a date for the Joint Review Board to hold a meeting within the next thirty days in
which they will be presented all of the eligibility information whereby they will make
a recommendation to the Board of Trustees prior to the public hearing. If the taxing
districts decide that they do not believe that this qualifies under Statute and they
make a recommendation to the Village Board then it would take a super majority of
the Village Board to approve the TIF. They will be notified by certified mail in
which the meeting will be held at the Village Hall.
VILLAGE OF OAK BROOK Minutes Page 31 of 44 March 16, 2005
9. K.
President Quinlan asked what school district's would be involved. It is the Lombard
School Distric, DuPage County and the Oak Brook Park District. Attorney Spiroff
indicated that all taxing districts listed on a tax bill. Because of the pecularities of the
site, he stated that it is a positive for the districts.
President Quinlan asked if the school district would affect any of our residents.
Community Development Director Kallien explained that it is the Lombard
Elementary School District and the Downers Grove North High School District.
Trustee Craig suggested if the value of the property falls it will reflect badly on the
taxing bodies and if it is approved, it will be advantageous to them.
Trustee Zannis remarked that this is a very strategic move for Oak Brook and she is a
proponent that this be deferred forty -five (45) days until the new Board is seated
because they need to understand the full impact of establishing this because it has
never been done before. She suggested they need to understand the economic impact
immediately as well as long term to Oak Brook and surrounding communities.
Although the equalized assessed value immediately may drop, our objective is to
have it increase. They need to understand those numbers and the whole concept
before granting the right to have a hearing and establishing the path taken to pursue
this project. Considering the magnitude of the project, the effect it will have on Oak
Brook and the precedence it will set, she does not believe that forty -five days is
asking too much to wait.
President Quinlan indicated, for the record, that the Village does not have a choice
but to wait forty -five days.
Ms. Riordan indicated that the developer plans to begin the project in June or July at
the latest. If the petitioner comes back in May for the Board to consider a date for a
public meeting, by Statute they would have to go through the whole forty -five days
which the soonest the Board could act sometime in September which would delay the
whole construction season.
Trustee Caleel stated that the Board could set the date and timing because all of the
votes will be done by the newly seated Board of Trustees.
Trustee Zannis asked if the project would continue if the TIF was not granted. Ms.
Riordan stated that no the project would not continue.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, for passage of Ordinance
2005 -TX- TIF -EX5 -S -1110, "An Ordinance Proposing Approval of a Redevelopment
Plan and Project for and Designating the Oak Brook Promenade Redevelopment
VILLAGE OF OAK BROOK Minutes Page 32 of 44 March 16, 2005
9. K.
Project Area, Adopting Tax Increment Financing Therefore, Creating an Interested
Parties Registry, Convening a Joint Review Board and Calling a Public Hearing in
Connection Therewith." ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Yusuf.
Nays: 1 - Trustee Zannis.
Absent: 0 - None. Motion carried.
10. NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS
1) OAK BROOK HOTEL, CONVENTION AND VISITORS COMMITTEE
The Oak Brook Hotel, Convention and Visitors Committee consists of nine
members; six members operate or manage a hotel or motel within the corporate
limits of the Village; one representative is from the Oak Brook Area Association
of Commerce and Industry; one represents Oakbrook Center; and one is a resident
at- large..
President Quinlan recommended that the Village Board approve the appointments
of Andrew Aldrich, the new General Manager of the Doubletree Hotel Chicago -
Oak Brook; and Michael Yaneck, the new General Manager of the Wyndham
Drake Hotel, to the Oak Brook Hotel, Convention & Visitors Committee. Their
terms will expire February 28, 2006.
Motion by Trustee Caleel, seconded by Trustee Yusuf, to concur with President
Quinlan's appointments to the Oak Brook Hotel, Convention and Visitors
Committee: Andrew Aldrich, the new General Manager of the Doubletree Hotel
Chicago -Oak Brook, and Michael Yaneck, the new General Manager of the
Wyndham Drake Hotel, with their terms expiring February 28, 2006. VOICE
VOTE: Motion carried.
B. ORDINANCES & RESOLUTIONS —None presented.
C. AWARD OF CONTRACTS — None presented.
D. AUTHORIZATION TO PURCHASE
1) GIS SUPPORT SERVICES
In 2003, Earth Tech was hired by the Village to perform the initial GASB 34
documentation and, in relation to that, provide the Village with a very basic
Geographic Information System (GIS) starting point. These data items are within
VILLAGE OF OAK BROOK Minutes Page 33 of 44 March 16, 2005
10. D. 1)
the Village's computer system, both in a mapping format and database format. As
part of the GASB 34 ongoing requirement, the Village has to update its
infrastructure asset database as projects take place. That includes eliminating
older items which are abandoned and inputting newer constructed items.
The most appropriate way to accomplish this is to input the information
graphically, add the revised segments in the database, and connect the two. Since
the Village does not have anyone currently on staff that is proficient in updating
this information, Village Engineer Durfey contacted Earth Tech to perform these
services on an as- needed basis. A letter dated February 25, 2005 from Derek
Brovold will accomplish these tasks at the stated hourly rate.
The two immediate projects in need of inclusion are the 2004 Paving Project and
the 2004 Water Main & Drainage Project. Account number 460 -7700 contains
$2,000.00 for miscellaneous other services and can be tapped for this work. It is
estimated that the two immediate projects can be done for less than $2,000. Any
money left over could be used for training on these and other issues.
Motion by Trustee Zannis, seconded by Trustee Caleel, that the Village Board
approve issueing a Purchase Order to Earth Tech in the not -to- exceed amount of
$2,000.00 for GIS Support Services.
President Quinlan asked for a clarification from Attorney Spiroff. President
Quinlan asked for a motion to defer this discussion to a closed meeting at the
appropriate time due to the purposes of pending or probable litigation.
Motion by Trustee Zannis, seconded by Trustee Yusuf, to defer discussion of this
agenda item to a closed meeting at the appropriate time due to the purposes of
pending or probable litigation. VOICE VOTE: Motion carried.
President Quinlan indicated that he will explain himself individually to each of the
Board of Trustees of this matter.
2) SERVICE AGREEMENT WITH 3M LIBRARY SYSTEMS
Motion by Trustee Caleel, seconded by Trustee Zannis, that the Village Board
approve a purchase order in the amount of $5,451.00 be placed with the vendor
3M Library Systems for renewal of Service Agreement 3 -4102. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 34 of 44 March 16, 2005
10. D.
3) INSTALLATION OF HANDRAILS AT POOL STAIRWAY AND WALK
POOL FACILITY
In the summer of 2004, Sports Core staff began a full safety inspection and
remediation program in line with the Member Service Plan audit conducted by
IRMA, the Village's Risk Management Agency. This recommendation for
handrails would meet requirements for stairways and provide additional safety for
members and guests along the walkway near the Pool Grill. The handrails will be
iron and painted to be consistent with existing handrails and fencing.
Three companies were contacted and two companies responded. The responding
companies included, City Ornamental Ironworks ($5,145.00, Custom Welding
($9,600.00). Staff recommends the Village Board approve a motion authorizing
the installation of handrails at the stairway and walk near the Pool Grill at the
Sports Core Facility in the amount of $5,145.00 to City Ornamental Ironworks,
Elgin, Illinois.
Motion by Trustee Craig, seconded by Trustee Caleel, to authorize the installation
of handrails at pool stairway and walk near the Pool Grill at the Sports Core Pool
Facility in the amount of $5,145.00 to City Ornamental Ironworks, Elgin, Illinois.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
4) CEMENT REPAIR/REPLACEMENT AT SPORTS CORE
In the summer of 2004, Sports Core staff began a full safety inspection and
remediation program in line with the Member Service Plan audit conducted by
IRMA, the Village's Risk Management Agency. Various concrete walkways were
identified by staff as in need of repair and replacement in order to comply with the
Village sidewalk/walkway replacement program for the Sports Core facility.
Three companies were contacted to provide quotes for the identified areas. Those
companies include Franks Cement Service ($6,500), Complete Concrete ($9,747)
and Hoffman Concrete ($8,500). Staff recommends the Village Board authorize
the repair and replacement of cement at various locations of the Oak Brook Sports
Core in the amount of $6,500.00 to FrankS Cement Service, Woodridge, Illinois.
Motion by Trustee Craig, seconded by Trustee Caleel, to authorize the repair and
replacement of concrete sidewalks at various locations of the Oak Brook Sports
Core in the amount of $6,500.00 to Franks Cement Service, Woodridge, Illinois.
ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes Page 35 of 44 March 16, 2005
10. D. 4)
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
E. AUTHORIZATION TO DIRECT VILLAGE ATTORNEY TO FILE SUIT
Motion by Trustee Zannis, seconded by Trustee Yusuf, to direct the Village Attorney
to File Suit on a Matter Involving a Public Works Project. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
F. VERBATIM TRANSCRIPTION OF CLOSED MEETING MINUTES OF APRIL 13,
2004 AND MAY 25, 2004
Trustee Zannis stated this motion is to ratify a motion made at the Special Village
Board Meeting of March 2, 2005 the Board of Trustees to direct the Village Clerk to
produce a type written verbatim transcript of the closed session Board meetings of
April 13, 2004 and May 25, 2004 that deal with the DuPage Housing Authority
litigation to be given to the Board of Trustees and that the Village Clerk will seek
further clarification and if appropriate will be released. Clerk Gonnella will seek a
legal opinion from the law firm of Ancel, Glick and Diamond whether the release of
closed meeting verbatim minutes to the investigator is a violation of the Open
Meetings Act.
Motion by Trustee Zannis, seconded by Trustee Korin, to direct the Village Clerk to
transcribe verbatim type written minutes of the Village Board Closed Meeting Minutes
of April 13, 2004 and May 25, 2004 that deal with the DuPage Housing Authority
litigation and release them to the Board of Trustees by March 9, 2005.
Trustee Zannis stated she wished to amend her motion to release the minutes to the
Board by March 19, 2005.
President Quinlan announced his deep concern of this transcription request. To
release them to the Board of Trustees should be clearly understood by the Board that if
a copy or a part of a copy, based upon the Village Attorney and Attorney Diamond's
office, is released in anyway to any party outside of the Board of Trustees that pierces
the attorney /client privilege shield and allows the DuPage Housing Authority full
access to all of that documentation. If you listen to those tapes as the Board could
review them again, he does not think that the information contained therein is anything
they want for the DuPage Housing Authority to have as the Village tries to negotiate a
settlement at some point in time. Also, he is still not clear why a typewritten version
is needed at this time as anytime a judge may unseal them and order them listened to
VILLAGE OF OAK BROOK Minutes Page 36 of 44 March 16, 2005
10. F.
for interested parties involving any of that material. Also he is concerned that the
Board is asking for a release to the Trustees which he believes further is a foolish
move to have these documents out in the public outside of the Village Hall. He
believes that this could cost the Village millions of dollars in a lawsuit.
Trustee Aktipis stated the Village President is essentially impinging the good
judgment of the Trustees in suggesting that they cannot be trusted with the minutes of
the closed meetings in which they have participated. He cannot believe that anyone of
the Trustees would release anything outside of the Board unless there is an
authorization from the Board as a whole.
Trustee Korin asked if the Board at one point requested that the Clerk transcribe the
minutes. Trustee Aktipis stated that the Clerk is directed to make these transcripts and
keep them and release them to the Trustees as needed.
President Quinlan stated that it is not what the motion states. Trustee Zannis stated the
second part indicates the Village Clerk will seek further clarification if appropriate to
be released and that a legal opinion from the law firm as to whether or not they can be
released to an investigator or would it be a violation.
Trustee Zannis stated that what she is seeking is that they be transcribed and released
to the Board of Trustees.
Village Clerk Gonnella explained that Attorney Steward Diamond's office did indicate
that it is a violation of the Open Meetings Act as the attorney /client privilege will be
violated if the minutes go to anybody but the Board of Trustees and only the Clerk
should do the transcription of the minutes. She stated that the Board of Trustees does
have the authority to direct her to do the transcription of the minutes. She clarified
that she has worked ten days in a row and that there has been a technology problem as
she had explained that to Trustee Atkipis and it was only resolved this today. She will
be going on vacation and will not be available until March 23, 2005.
Trustee Zannis asked if the Attorney's office could transcribe the minutes. Clerk
Gonnella as she previously stated it is a violation of the Open Meetings Act as only
the Clerk may transcribe the minutes otherwise you have given the data to a third
party.
Trustee Zannis asked when the minutes could be transcribed. Clerk Gonnella
suggested that she hoped to have the minutes by Monday, March 28, 2005.
Trustee Yusuf suggested that if the minutes are transcribed that they be maintained in
the Clerk's office for review by the Board of Trustees which enhances the chain of
custody.
VILLAGE OF OAK BROOK Minutes Page 37 of 44 March 16, 2005
10. F.
Trustee Aktipis asked to call the question on the motion.
ROLL CALL VOTE:
Ayes: 4 - Trustees Aktipis, Caleel, Korin and Zannis.
Nays: 2 - Trustees Craig and Yusuf.
Absent: 0 - None. Motion carried.
G. MOTION REQUESTING APPOINTMENT OF LEGISLATIVE COUNSEL
Trustee Zannis read her letter, into the record, addressed to President Quinlan stating
the following: "As you are aware, the past several months have been extremely
difficult in light of the strained relationship between the majority of Trustees and the
Village Attorney. I feel that this was avoidable and that the resulting division between
Trustees and yourself is substantially the result of the advice of the legal counsel you
have been receiving. You have elected to rely on the present Village Attorney and
have staunchly fought the Village Board at every opportunity when the Trustees
questioned the wisdom of the Village Attorney and the merit of his advice. This letter
formally requests, that following consultations with the Trustees, you appoint an
individual to serve as legislative counsel that the Trustees may rely upon for objective
legal advice. Following are only a few of the legal issues that the Board of Trustees
believes were not in the best interest of Oak Brook: Mr. Kubiesa consulted with you
on making a temporary appointment of a Chief of Police- without the knowledge of the
Board of Trustees; he filed emergency restraining orders against the Board of Trustees
so that they could not seek objective legal counsel; he threatened to sue two Trustees
for questioning his billing amounts and practices; he provided an opinion on
indemnification of the Ad Hoc Audit Committee which was clearly contradicted by
IRMA -which stated that, in fact, the Audit Committee would have indemnification; he
filed motions relative to the Elmhurst Builders case, which exposed one of the
Trustees to personal liability; he provided the Village President with legal counsel on
how to prevent the Board of Trustees from conducting an investigation on his ethical
conduct via veto powers. I believe this is a direct conflict of interest since he and his
firm personally benefit from avoiding such an investigation; he opined that a
"rescheduled regular" meeting of the Village Board was as a "special" meeting
(something that has never been done before), again in an effort to stall an
investigation. And the list goes on... and on. When you asked us to confirm your
nomination of Mr. Kubiesa as Village Attorney we did so believing that he would
represent the interest of the Village of Oak Brook, the Board of Trustees, as well as
the position of Village President. During the past 9 months, it has become apparent
that the Village of Oak Brook has not been served well. The litigious nature of this
Village Attorney has had a tremendous impact on our Village finances and an even
greater impact of the harmony on this Board. A Village Attorney should work with all
parties in an effort to facilitate resolution rather than constantly running to the courts
at our taxpayer's expense. He should provide objective legal opinions to all parties
and not only in ways that will benefit a specific Board member, himself and his firm.
VILLAGE OF OAK BROOK Minutes Page 38 of 44 March 16, 2005
10. G.
It has become clear that he will do whatever he can to thwart the efforts of the Board
of Trustees on seeking an objective legal opinion. I understand that you have
confidence in the Village Attorney and I acknowledge your right to keep him in his
current position but the fact remains that the majority of the Board of Trustees have
lost confidence in him and his ability to objectively represent the Village of Oak
Brook. I therefore, once again, request that you work with the Board of Trustees and
find a second attorney to be called upon as legislative counsel on an as needed basis.
Respectfully submitted, Elaine Zannis."
President Quinlan indicated as he has before that he disagrees with many of her
findings but he will check again for accuracy and respond appropriately.
Motion by Trustee Zannis, seconded by Trustee Aktipis, that the Village President
work in conjunction with the Board of Trustees to find a second attorney that can be
used as legislative counsel on as needed basis.
Trustee Yusuf suggested a second opinion is good if it could avoided certain actions
taken which were necessitated by the President. If the five collegues had been told
their actions were unlawful and had they taken that to heart, the Village wouldn't have
been in the mess. He believes that the Trustees received very poor advice and the
judge concurred.
Trustee Aktipis stated he agreed with Trustee Yusuf but not his reasoning. He should
recall that the President decided to file a lawsuit against the Trustees to prevent them
from discharging his temporary appointment. Trustee Yusuf stated he was entitled to
have that appointment.
Trustee Aktipis stated the issue is that if the President had not accepted the poor legal
advice from Attorney Kubiesa and instead had moved forward with the
recommendations of the Trustees regarding the Police Chief, they would have had a
Police Chief in the one that was approved today eight months ago.
President Quinlan explained that it was found in a court of law that he had the legal
authority to temporarily appoint a Police Chief. The five Trustees took an illegal
action in trying to stop the pay and benefits of John Carpino when he was here as a
temporary appointment and that is why the lawsuit ensued.
Trustee Yusuf stated that the five Trustees made this issue into a win or lose situation
Had they accepted President Quinlan's lawful authority, which the judge upheld, and
gone along with it and insisted the search process move along in two or three months
the Village would have had a Police Chief. Ultimately the judge did not uphold the
position their attorney took.
VILLAGE OF OAK BROOK Minutes Page 39 of 44 March 16, 2005
10. G.
President Quinlan asked for a roll call vote on the motion. Trustee Zannis restated the
motion as follows:
Motion by Trustee Zannis, seconded by Trustee Aktipis, that the Village President
work in conjunction with the Board of Trustees to find a second attorney that can be
used as legislative counsel on as needed basis. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Korin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
H. MOTION TO TEMPORARILY SUSPEND ROBERTS RULES OF ORDER
Trustee Aktipis asked to establish electronic provisions for voting of this is an interim
measure until some final decisions are made as to how the Board will approach
electronic means of attendance.
Motion by Trustee Aktipis, seconded by Trustee , to temporarily suspend the effect of
Roberts Rules of Order and the effect of Village Code, Section 1 -413-4, for all
meetings between now and the second meeting of May, 2005 so as to permit
attendance and full participation of all members of the Board of Trustees via telephone
provided that the chair of the meeting must be someone who is present in person.
Attorney Spiroff suggested that the Board discussed earlier that the Village Manager
do a survey on electronic rules for conducting meetings as he gave the Board samples
as he has prepared such an ordinance in the past. He suggested that he could prepare
simply rules to follow with regard to anyone who wishes to attend electronically along
the lines of what was in his memorandum perhaps without certain items like the limit
of the meetings. Then this would be part of the rules, as his concern from a
professional perspective as well as a practical is that the motion, as stated, suspends all
of Roberts Rules for everything. If the intent is merely to allow electronic attendance,
this could be resolved short of doing this.
Trustee Atkipis indicated that his motion could be modified that Roberts Rules of
Order as suspended relative to the issue of electronic attendance. Trustee Craig asked
if the Board should defer this until the new Board members are seated. Trustee Zannis
stated that if she does go out of town that she will be able to vote in the next few
meetings. If the new Board wishes to reinstate them, then it is certainly up to them.
Trustee Aktipis indicated the reason for the motion is that the Board wishes to be able
to overturn his veto if one of the Board members is absent for the next few meetings
and that is why this is being requested.
Motion by Trustee Aktipis, seconded by Trustee Zannis, to suspend Roberts Rules of
VILLAGE OF OAK BROOK Minutes Page 40 of 44 March 16, 2005
10. H.
Order as it applies to electronic means of participating and voting in a Board meeting
between now and the second meeting of May, 2005. VOICE VOTE: Motion carried.
I. MOTION TO CENSURE THE VILLAGE PRESIDENT
Motion by Trustee Aktipis, seconded by Trustee, to consider a motion to censure
President Quinlan because 1. his attempt to interfere with a lawfully called special
meeting of the Board; 2. his failure to direct the Village Attorney to prepare an
ordinance authorizing the execution of a contract with an investigator.
President Quinlan stated that his motion is out of order. Trustee Aktipis asked to
appeal the motion.
Attorney Spiroff stated with regard to the conduct of his seeking to censure the Village
President that occurred outside a meeting, under Roberts Rules of Order, there must be
something in the Village ordinance that provides for discipline before there can be any
discipline. In any event, Roberts Rules of Order does not use the term censure and
that is why he concurs with the Village President that the motion is out of order as it is
simply not following Roberts Rules of Order.
Trustee Zannis asked if Roberts Rules had a term. Attorney Spiroff explained that it
has a term and there are various means of discipline but it does not apply to a public
body. There first has to be a list of conduct that one is not suppose to engage in before
there can be any reprimand for doing whatever was done.
Trustee Atkipis modified his motion to reprimand the Village President and he will
discuss the issues that lead him to believe that reprimand is appropriate. President
Quinlan stated that it is still out of order.
Trustee Zannis asked Attorney Spiroff what vehicle could Trustee Aktipis use to
communicate what he wants to be done. Attorney Spiroff explained that the essence
of his point is that the Village Code must have conduct for one to follow before one
can be reprimanded for not following that conduct.
Trustee Aktipis stated that the meeting was unlawfully canceled without the consent of
the Trustees and therefore again he would put forth the motion to reprimand the
Village President and his objection be overruled.
President Quinlan stated that not hearing a second the Board will move forward with
the next agenda item.
J. MOTION TO PROVIDE DIRECTION TO JAMES DE ANO
VILLAGE OF OAK BROOK Minutes Page 41 of 44 March 16, 2005
10. J.
Motion by Trustee Korin, seconded by Trustee Caleel, that James De Ano appear at
the March 22, 2005 Board meeting in closed session without the Village Attorney and
without Trustee Aktipis present to provide the Village Board with a complete outline
of his defense strategies as to how he will defend the Village and handle the
intervention situation with Trustee Atkipis and the Elmhurst Builders litigation and to
provide legal options to the Village regarding the Elmhurst Builders case which arose
from steps that the Village Board took to settle the DuPage Housing Authority case on
the advice of the Village Attorney.
President Quinlan asked Trustee Aktipis if he would be willing to recuse himself from
that meeting. Trustee Aktipis stated he would only in any areas where he would have
a conflict of interest. He asked Trustee Korin what particular aspect of this meeting
she would not want him to attend as Attorney De Ano has filed his motion to oppose
his intervention, therefore, he does not have any conflict of interest in attending this
meeting.
President Quinlan asked if it would be acceptable to Trustee Aktipis to have the
motion that Mr. De Ano be present to preface and rely on Trustee Atkipis to recuse
himself if it is deemed necessary. VOICE VOTE: Motion carried.
Trustee Zannis stated that she had requested at the last meeting that an ordinance be
prepared formally spelling out the procedures of calling a special meeting.
Motion by Trustee Zannis to direct the Village Attorney to create an ordinance of the
procedures on how to call a special meeting.
President Quinlan suggested that a motion is not necessary but to just direct the
Village Attorney to draft an ordinance on the procedures to call a special meeting.
Trustee Korin asked that specific language be included in the procedures of how to
reschedule a regularly scheduled meeting as there isn't anything specific in the Open
Meetings Act or in the Village Code on this process.
Trustee Zannis stated that Attorney Spiroff indicated that there was no mechanism in
place to discipline or reprimand a Board member. She would like an ordinance
written to identify on how to do this as the day may come where that system should be
in place.
Trustee Caleel stated the Board is indemnified for any action against the Board and
President in terms of what is done on this Board. Therefore if you were to censure
someone or reprimand publicly then you better be prepared to defend yourself. He
suggested that a lack of ethics or whatever the case may be rests with the electorate.
11. INFORMATION & UPDATES:
VILLAGE OF OAK BROOK Minutes Page 42 of 44 March 16, 2005
11.
A. VILLAGE PRESIDENT - President Quinlan wished everyone a happy St. Patrick's
Day.
B. VILLAGE MANAGER - Manager Boehm commented on behalf of himself and the
senior management team, he wished to welcome the new Chief of Police Tom
Sheahan.
C. VILLAGE CLERK - Clerk Gonnella addressed the issue of the special meeting as she
suggested the public should be informed of this. Attorney Diamond's legal opinion
was four pages and will be given to all of the Board members. His response was that
one of the Trustees has indicated under his interpretation of the Open Meetings Act,
any meeting held at any time different from the time posted at the beginning of the
year for scheduled meetings would constitute a special meeting. Presuming the proper
procedures for calling a special meeting were followed, that is absolutely true, unless
the Board took legislative action at a meeting to change the time of the original
meeting or unless the meeting was properly reconvened at a meeting that was open to
the public at a time within 24 hours and an announcement of the time and place of the
reconvened meeting was made at the original meeting, with no change in the agenda.
If the Village Board properly rescheduled meetings in the past and the Clerk has
posted them as rescheduled meetings for 16 years, the Clerk's notices have been
correct. If this has not happened and special meetings have been posted as
rescheduled regular meetings, it seems that any misunderstanding over this confusing
area of the law would be understandable and perhaps equally misunderstood by
everyone in Oak Brook, not just the Clerk. The Clerk has merely been attempting to
effectuate the will of the Board and to accommodate requests of Board members.
Clerk Gonnella indicated that she has spoken with Attorney Spiroff on this issue and
would like to include conditions to follow on what constitutes a reconvened,
continued, rescheduled regular meeting so that legislative action is taken at a meeting
so that it is a rescheduled regular meeting.
Trustee Aktipis suggested that this has occurred improperly all these years. Clerk
Gonnella stated that she has always sought the former attorneys Brechin and Martens
on what procedures to follow. Again, she reiterated that it is not clearly defined in the
law and this is the way it should be done. It will be corrected in writing so that the
Board knows the procedures to follow.
Clerk Gonnella reminded the residents that in- person absentee voting is occurring in
her office and will continue to April 4th. Hours are 8:30 a.m. to 4:30 p.m. Monday
through Friday and Saturday 9:00 a.m. to 12:00 noon.
12. ADJOURN TO CLOSED MEETING to consider the appointment, employment,
VILLAGE OF OAK BROOK Minutes Page 43 of 44 March 16, 2005
12. compensation, discipline, performance or dismissal of specific employees of the public
body and to discuss minutes of meeting lawfully closed under the Open Meeting
whether for the purpose of approval by the body of the minutes, or for semi - annual review
of the minutes as required by the Open Meetings Act.
Motion by Trustee Craig, seconded by Trustee Yusuf, to adjourn the Special Meeting of
the Board of Trustees at 10:19 p.m. to a closed meeting. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
13. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the Special Board of
Trustees meeting at 11:01 p.m. VOICE VOTE: Motion carried.
ATTEST:
s /Linda K. Gonnella
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 44 of 44 March 16, 2005