Loading...
Minutes - 04/23/2002 - Board of TrusteesMINUTES OF THE APRIL 23, 2002 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF APPROVED AS WRITTEN ON MAY 14, 2002. 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:32 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: ROLL, CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Karen M. Bushy, Trustees George T. Caleel, John W. Craig, Susan Chase Korin, Elaine Miologos and Alfred P. Savino. ABSENT: None. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Debra J. Jarvis, Fire Chief; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director; Michael J. Meranda, Public Works Director; Allen W. Pisarek, Police Chief; Bonnie Sartore, Bath & Tennis Club Manager; Trey VanDyke, Golf Club Manager; Gail Peterka, Communications Supervisor and Stelios Aktipis, Plan Commission Chairman. 3. ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE Dr. Howard Trier of One Camelot Drive, voiced his concern about Concealed Carry Inc., a group in Oak Brook, regarding their issue of carrying concealed guns. Mr. Birch, a resident of Oak Brook, is chairman of the group as stated in the Chicago Tribune. Mr. Trier asked the Village Board to consider a hand gun ordinance. President Bushy inquired if Oak Brook as a non -home rule community could issue a ban on handguns. Attorney Martens indicated that he thought it was not feasible. The Board concurred that Attorney Martens will investigate this further. Mr. Trier asked for a resolution to be passed if an ordinance is not feasible. VILLAGE OF OAK BROOK Minutes Page 1 of 10 April 23, 2002 7� 3. President Bushy stated the York Township Assessor's Office total assessed value of the Village of Oak Brook is $1,181,452,575, which is an increase of 7.36% from last year. 4. APPROVAL OF MINUTES: Motion by Trustee Caleel, seconded by Trustee Korin, to approve the minutes of the Regular Board of Trustees Meeting of April 9, 2002 as presented and waive the full reading thereof. VOICE VOTE: Motion carried. 5. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Caleel, seconded by Trustee Craig, to approve the Consent Agenda as presented. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. MINUTES - BOT 04/09/02 C.AGENDA A. APPROVAL OF BILLS - $434,109.77 BILLS - $434,109.77 Significant item included above: 1) DuPage Water Commission - $189,260.25 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING APRIL 13, PYRL - $472,767.74 2002 - $472,767.74 C. CHANGE ORDERS: None. D. REFERRALS: None. E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS: 1) AUTHORIZATION TO BID — DEICER SALT DEICER SALT 2) AUTHORIZATION FOR RFQ — ENGINEERING SERVICES — RFQ -ENG SERV- RESERVOIR A PUMPING EQUIPMENT REHABILITATION RES APUMP EQUIP F. ACCEPT AND PLACE ON FILE TREASURER'S REPORT MARCH, TREAS RPT - 3 -02 2002 VILLAGE OF OAK BROOK Minutes Page 2 of 10 April 23, 2002 11 5. G. ORDINANCE 2002- ZO -V -S -1014, "A REVISED ORDINANCE ORD 02- zO -V -s -1014 GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -6C -3F OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO SIDE YARD REQUIREMENTS (44 MEADOWOOD DRIVE, OAK BROOK, IL 60523)' H. DUPAGE METROPOLITAN ENFORCEMENT GROUP — ANNUAL DUMETG - CONTR. - CONTRIBUTION - $22,132.00 522,132.00 L APPROVAL OF SPORTS CORE FIELD USAGE — NAPERVILLE POLO SPRTS CORE CLUB USAGE - POLO CLUB J. ACCEPT AND PLACE ON FILE — 2001 AUTUMN FESTIVAL REPORT 01 AUTUMN FEST RPT 6. ITEMS REMOVED FROM CONSENT AGENDA: None. RMVD C AGNDA 7. BOARD & COMMISSION RECOMMENDATIONS: BD /COMM RECOM A. RECOMMENDATION — TY WARNER — 26 BAYBROOK LANE — VAR - 26 BAYBRK VARIATION — DRIVEWAY GATES LN - DRVWY GTS Variation — The Zoning Board of Appeals, by a vote of 4 to 1, has recommended approval of the request from Mr. Ty Warner for a variation to allow the installation of driveway gates on a residential property of less than one acre. In recommending approval of this request, the Zoning Board of Appeals found that the petitioner has satisfactorily addressed the factors required for approval of a variation. This motion was based on the consensus that, in particular, it was found that the hardship of the property owner is not of their own making; unique circumstance; threats that have been made upon the petitioner; the lot having 250 feet of frontage and the presence of significant landscaping that limits the view of the driveway and home from Baybrook Lane. It was also found that the variation, if granted, would not alter the essential character of the locality. In making this recommendation, the Zoning Board attached the following conditions: 1. The petitioner obtains the required permit. 2. The swing of the gates meets the intent of the Village Code. 3. That any encroachment of the gates onto other properties is resolved. VILLAGE OF OAK BROOK Minutes Page 3 of 10 April 23, 2002 7. A. Trustee Savino stated that he did not concur with the Zoning Board of Appeals' recommendation, as he felt they erred in their recommendation. He asked that representatives for the petitioner address the Village Board with their request. Attorney Richard Cremieux of Baker and McKenzie, representing Mr. Warner, gave a presentation to the Board on the petitioner's behalf related to the requested variation. Architect Patrick McCarty of Matocha Associates, for the petitioner, described the property and explained the property frontage of 250 feet which varies from other pieces of property in the area in that it is considerably wider. He added that the gates would be adjusted so they do not encroach on the immediate property on both sides of the property. Trustee Caleel asked why the homeowners association turned it down. Mr. Cremieux explained that it was not formally rejected, and that driveway gates were not in the homeowner's association's declaration of covenants. They are willing to work with the homeowners association to agree on this request. Trustee Savino stated the petitioner must meet all standards for a residential variation and that the petitioner does not meet all the standards at this time. President Bushy stated that the plight of the property is not unique, only the circumstances of the property owner. Normally the Village Board does not address these issues, but as Trustee Savino was not in agreement with the recommendation of the Zoning Board of Appeals, it is being presented to the Board this evening. Mr. Peter Huizenga of 44 Baybrook Lane, President of the Ginger Creek Homeowners Association, asked to speak against the variation. He distributed a letter and photographs to the Village Board members. He stated the gates were built before the Association or the Village was notified and that the gates, when open, encroach on adjoining property. He stated concern for continuance of non - compliance of the Association's covenants by the homeowner including the ground cover along the roadway and mentioned that trees were removed from the public right -of -way at the insistence of the Village. He stated security has not been an issue in the Ginger Creek subdivision. Mr. George Kluetsch of 71 Baybrook Lane, Vice President of the homeowners association, also stated that he does not see a need for this request. He added that the property does not conform with the rest of the subdivision. Mr. William Lindeman, 11 Pembroke Lane, stated his concern for parking in the public right -of -way due to the gates and his concern that the gates would be detrimental to emergency access. Motion by Trustee Savino, seconded by Trustee Craig, to direct the Village Attorney to draft findings of fact and an order denying the petitioner's request for variation for the May 14, 2002 meeting. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 4 of 10 April 23, 2002 L� 8. ACTIVE AGENDA (Items for Final Action A. APPOINTMENTS: 1) OAK BROOK AUTUMN FESTIVAL COMMITTEE President Bushy explained that the practice has been to present to the Village Board an ordinance creating the committee each year prior to appointing the members. She asked if the Village Board wishes to continue this process. Trustee Miologos asked that it be addressed each year as an annual ordinance. There was concurrence and Village Attorney Martens was directed to draft the resolution for the next meeting. President Bushy stated that she will recommend that Trustee Craig chair the committee and listed those members to be recommended for the committee. 2) NOMINATION — VILLAGE TRUSTEE President Bushy placed in nomination the name of Stelios Aktipis for the vacancy of Village Trustee on the Village Board. She read his biographical resume to the Village Board noting that he presently serves as Chairman of the Plan Commission. Trustee Caleel asked to table this nomination and suggested it be brought back to the next Village Board meeting in a Closed Session with the candidate and requested the Village Manager address this process. Trustee Savino stated he disagreed with this request, asking the purpose of going to a closed session. Trustee Caleel commented that Board members state for the record the reason for their vote related to the candidate. He asked that this be considered the policy of the Village Board for the nomination process of a vacancy for Village Trustee. Discussion ensued related to the appropriateness of having this discussion in a closed session. VILLAGE OF OAK BROOK Minutes r Page 5 of 10 April 23, 2002 ACTIVE AGENDA 02 AUTMN EEST CTE NOM - VILL TRSTE 8. A. 2) Motion by Trustee Caleel, seconded by Trustee Miologos, to call a special meeting for Tuesday, May 7, 2002 at 7:00 p.m. in the Upper Level Conference Room to consider the appointment of an individual to fill the trustee vacancy left vacant by Adam Butler, including a closed session to discuss the appointment of an individual to fill this position. The Board anticipates coming out of closed session to take action on the President's proposed appointment. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. Motion by Trustee Caleel, seconded by Trustee Miologos, that the Village Manager write a policy for the confirmation of a nomination to fill a Village Trustee vacancy. Manager Veitch stated that he would provide a policy and experiences of neighboring communities. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 2002- ZO -SU -S -1015, "AN ORDINANCE FURTHER ORD 02- zO -SU -S- 1015 AMND SPEC AMENDING ORDINANCE S -841 GRANTING AN AMENDED USE - FOR PRSV SPECIAL USE PERMIT (FOREST PRESERVE DISTRICT, 1717 DIST- 1717 OAK BROOK ROAD, OAK BROOK, IL 60523)" OAKBROOK RD The Village Attorney drafted an ordinance that further amends the special use permit previously granted to the Forest Preserve District for the Mayslake property at 1717 Oak Brook Road, Oak Brook, IL. The amendment slightly increases the size of the special use property and incorporates a breezeway connecting the mansion and retreat wing, a foyer and new ADA- compliant restrooms in this expanded area. Motion by Trustee Savino, seconded by Trustee Korin, to approve Ordinance 2002- ZO -SU -S -1015, "An Ordinance Further Amending Ordinance S -841 Granting an Amended Special Use Permit (Forest Preserve District, 1717 Oak Brook Road, Oak Brook, IL 60523) ". ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Korin, Miologos and Savino. Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. VILLAGE OF OAK BROOK Minutes A, Page 6 of 10 April 23, 2002 8. C. AWARD OF CONTRACTS: 1) 2002 REJUVENATION PROJECT The Village Board, at its February 26, 2002 meeting, waived bidding due to sole source and authorized staff to negotiate a contract with Boecker Road Maintenance to perform the Village's 2002 Pavement Rejuvenation project. Last year Boecker Road Maintenance incurred a substantial price increase from the supplier of their products Reclamite; CRF and Coherex. This accounts for this year's increase from $.41 to $.42 per square yard of Reclamite. Funds in the amount of $53,000 are contained in the Roadway Improvements Program (41 -461) for this project. Motion by Trustee Miologos, seconded by Trustee Caleel, to approve a negotiated contract with Boecker Road Maintenance, 190 East Fifth Avenue, Naperville, Illinois, 60563, at a unit price of $.42 per square yard of Reclamite for a total estimated project price of $45,618.72. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Korin, Miologos and Savino. Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. AWARD CT 2002 REJUV PROJ 2) MUNICIPAL COMPLEX PROJECT — VOICE ALARM AND DATA MPC- VOICE, CABLE AND EQUIPMENT ALRM, DATA CABLE & EQUIP The Village Hall is presently serviced with Ameritech cables that provide all voice and data circuits for use throughout the Village Hall. The two proposals from Ameritech include installation of various cable, equipment and services to extend voice and data circuits C. 2. Motion by Trustee Caleel, seconded by Trustee Craig, to waive the bidding process as Ameritech owns the cabling and equipment being repaired and award a contract, subject to staff review, to Ameritech Customer Growth Group and Custom Business Services Division for a total not -to- exceed cost of $27,550.97 to install cabling and equipment that will permit relocation of alarm circuits from the existing telephone room to the new Communications Center equipment room, and extension of voice and data lines from the existing telephone room to the new Server Room. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 7 of 10 April 23, 2002 8. 3) GYPSY MOTH TREATMENT PROGRAM GYPSY MOTH TREATMENT E The Illinois Department of Agriculture has awarded the contract for aerial abatement treatment and forwarded the contract documents to the Village for execution. The contract calls for the Village of Oak Brook to be financially responsible for the cost of spraying 504 acres in the Fullersburg area at the per acre unit price of $13.99. Two aerial applications will be necessary bringing the total contract cost to $14,101.92. Of the 504 acres, approximately 200 acres is Forest Preserve property. Based upon commitments by the Forest Preserve District, the Village will be reimbursed $5,596.00 for the District portion. Therefore, the total net cost to the Village will be $8,505.92. Funds are included in the Forestry Program (365 -7680) to pay for the treatments. It is anticipated that the aerial treatments will be conducted in mid -May by means of helicopters flying 50 feet above the treetops. Each application should take about one hour. Since weather limitations are involved, staff will keep the Board, as well as affected residents, informed on the schedule and any last minute changes. Motion by Trustee Miologos, seconded by Trustee Caleel, that the Village Board authorize execution of a contract with the Illinois Department of Agriculture (IDOA) and Hendrickson Flying Service, Inc. for Gypsy Moth aerial abatement treatments at a unit price of $13.99 per acre and estmated extension of $14,101.92 for two treatments of 504 acres. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. D. APPROVAL OF AMENDED SUBDIVISION IMPROVEMENT AMNDED sus IMPR AGR - FOREST GTE AGREEMENT — FOREST GATE SUBDIVISION SUBDIVISION At the Village Board meeting of June 12, 2001, the Board approved an extension of three months, new completion date being November 1, 2001, for the completion of the Forest Gate Subdivision improvements. Since that time, the developer has completed most of the items on the construction punch list. This subdivision is unique in that the developer is building all of the homes in cul -de -sac cluster phases. This process will take several years, which is beyond the typical 3 years subdivision construction time frame. VILLAGE OF OAK BROOK Minutes Fa Page 8 of 10 April 23, 2002 8. D. Motion by Trustee Miologos, seconded by Trustee Caleel, that the Village Board approve the "Amendment to the Subdivision Improvement Agreement for Forest Gate" subject to: 1) the developer submitting all required documentation for acceptance of the original subdivision work to the Village by May 1, 2002; 2) that the developer provide the required wetland maintenance letter of credit as per the original Subdivision Improvement Agreement and 3) that the developer provide the Remaining Items Letter of Credit by May 1, 2002. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 9. INFORMATION & UPDATES: A. VILLAGE PRESIDENT: President Bushy acknowledged that she and Village Manager Veitch attended the DuPage Mayors and Managers Conference drive down to Springfield to lobby legislators that represent the Oak Brook area. The big topic of discussion was the DuPage Water Commission and they spoke with Senator Pate Philip, Lee Daniels, Emil Jones and Barbara Flynn Currie this issue and the firefighters pension bill. B. VILLAGE MANAGER: Manager Veitch stated that a workshop is needed for the Village Board to discuss Board objectives. The May Committee -of- the -Whole meeting was anticipated as the time that this subject could be addressed. However, the regular date of the Committee -of- the -Whole is a holiday, therefore the date needs to be changed. June 3`d was offered as a possible date. The Village Trustees will contact the Village Manager about their availability. 10. DEPARTMENTAL REPORTS - QUARTERLY REPORTS: A. Communications Center B. Community Development C. Engineering Department D. Finance Department E. Fire Department /EMS F. Information Services/ Purchasing G. Legal Department VILLAGE OF OAK BROOK Minutes H. Library I. Police Department J. Public Works K. Recycling L. Risk Management M. Sports Core — Bath & Tennis and Golf N. Village Clerk Page 9 of 10 April 23, 2002 INFO & UPDATES VLLG PRES VLLG MGR QUARTERLY RPTS 10. 11. 12. 13. Quarterly Reports were accepted as presented and placed on file. UNFINISHED AND NEW BUSINESS: None. UNFIN & NEW BUSINESS OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: OTHER BUS. Trustee Savino asked about the closure around the HVAC units. He asked that staff incorporate options for presentation to the Village Board. ADJOURNMENT: ADJRN Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at 10:32 p.m. VOICE VOTE: Motion carried. ATTEST: inda onnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 10 of 10 April 23, 2002