Minutes - 05/11/2010 - Board of TrusteesMINUTES OF THE MAY 11, 2010 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 14,
2010.
CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
John W. Craig in the Samuel E. Dean Board Room of the Butler Government Center at
7:02 p.m. The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons:
PRESENT: President John W. Craig, Trustees Stelios Aktipis, James Carson, Mark Moy,
Moin Saiyed, Gerald Wolin and Elaine Zannis.
ABSENT: None
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager; Robert L. Kallien, Jr., Director of Community Development; Tom McEllin, Fire
Chief; Sue Madorin, Library Director; Thomas Sheahan, Police Chief; Michael Hullihan,
Public Works Director; and Mark Sterk, Village Attorney.
PRESIDENT'S OPENING COMMENTS
President Craig removed items 9A and 9C from the Agenda.
President Craig asked Attorney Mark Sterk to give a legal department update. Attorney
Sterk stated that since 2007 the Village has been party to eleven lawsuits. Most cases have
been settled, some have been voluntarily dismissed, and some the Village prevailed.
Attorney Sterk gave a brief description of each case that has been resolved thus far.
Attorney Sterk also stated that the legal department has been involved in legal issues
pertaining to labor negotiations with the police and fire unions as well as unionization
efforts by Public Works and Library staff and Police Sergeants.
4. RESIDENTNISITOR COMMENT - None
APPROVAL OF MINUTES
A. SPECIAL BOARD OF TRUSTEES MEETING OF JULY 14, 2009
Motion by Trustee Saiyed, seconded by Trustee Wolin, to approve the Minutes of the
Special Board of Trustees Meeting of July 24, 2009. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
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B. SPECIAL BOARD OF TRUSTEES MEETING OF AUGUST 10, 2009
Motion by Trustee Wolin, seconded by Trustee Saiyed, to approve the Minutes of the
Special Board of Trustees Meeting of August 10, 2009. VOICE VOTE: Motion carried.
6. CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be enacted
in one motion. There will be no separate discussion of these items unless a Board member
so requests, in which event, the item will be removed from the Consent Agenda and
considered as the first item after approval of the Consent Agenda.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING MAY 7, 2010 - $784,952.37
Significant Items included in Above:
1) Legal Bills
a. Odelson & Sterk, Ltd. — Legal Services - March, 2010 - $18,802.12
b. The April legal bill for Odelson & Sterk, Ltd. was not received in time for this
agenda, so the payment will be listed on the next agenda
c. Seyfarth Shaw, LLP — Legal Services — March, 2010 - $377.40
d. PirTano Construction — PO #1 — 2010 — W. M. Replacement - $56,486.70
e. Oak Brook Historical Society — Reimbursement for work completed - $10,000
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MAY 1, 2010 -
$640,930.42
C. COMMUNITY DEVELOPMENT REFERRALS
1) Village of Oak Brook — Text Amendment to Title 13, Chapter 2 of the Village
Code — Definitions — Setback (Roof Overhang)
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS
1) Traffic Control and Street Lighting System Maintenance
E. BUDGET ADJUSTMENTS
F. ORDINANCES & RESOLUTIONS
1) Resolution 2010 - IDOT -R -1074, A Resolution Accepting Terms for a Permit from
the Illinois Department of Transportation for Work Performed in 2010 and 2011
by the Village of Oak Brook, Illinois
G. 2010 FIRST QUARTER HOTEL/MOTEL TAX RECEIPTS
Motion by Trustee Wolin, seconded by Trustee Carson, to approve the Consent Agenda
and authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 — None
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Abstain: 0 — None
Absent: 0 —None
Motion carried.
ITEMS REMOVED FROM CONSENT AGENDA - None
8. BOARD & COMMISSION RECOMMENDATIONS
A. OAK BROOK CLUB — MAP AMENDMENT AND SPECIAL USE
Presented by Trustee Wolin. Trustee Wolin stated that approving the Oak Brook Club as
multi - family zoning make sense since it is condominiums and puts us in a better legal
footing.
Motion by Trustee Wolin, seconded by Trustee Carson to concur with the
recommendations for the Plan Commission and Zoning Board of Appeals approving a map
amendment from R -1 to R -5 and a special use confirming the existing Oak Brook Club as
an R -5 condominium development and authorize the Village Attorney to prepare the
necessary Ordinance for final consideration at the May 25, 2010 Board of Trustees
meeting.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
B. YORK ROAD DEVELOPMENT PARTNERS, LLC —1800, 1802 AND 1806 YORK
ROAD — FINAL PLAT
Presented by Trustee Moy. Trustee Moy stated that a final plat is necessary in order to
proceed with the construction of a 74,000 square foot medical office building which has
been previously approved by the Village Board.
Resident Sandra Kubis handed Board members a petition signed by sixty -eight Woodside
Estates and Forrest Glen residents asking for trees to fill in the large empty spaces once the
construction of the medical office is complete. She also stated the resident's concerns of
additional traffic, noise, pollution and the loss of maintaining a residential feel with the
proposed construction.
Robert Kallien, Community Development Director, stated that the Village has an
ordinance regarding landscaping requirements with new construction. He also stated that
the subdivision owns the land where residents are asking for landscaping.
Board members unanimously agreed that prior to approving the final Resolution, residents,
representatives of the Home Owners Associations and the contractor should meet and work
out a solution to their concerns.
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Motion by Trustee Moy, seconded by Trustee Aktipis to concur with the recommendation
from the Plan Commission and approve the final plat of subdivision for the properties at
1800, 1802, and 1806 York Road and authorize the Village Attorney to prepare the
necessary resolution for final consideration at the May 25, 2010 Board of Trustees
meeting. Discussion ensued.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
9. UNFINISHED BUSINESS
A. COMMUNICATION CENTER CONSOLIDATION PROPOSALS
Removed from this agenda.
B. HEALTH, DENTAL, VISION, LIFE INSURANCE AND AD &D INSURANCE FOR
THE 2010 -11 HEALTH PLAN YEAR, AND RENEWAL OF AGREEMENT FOR
CONSULTING SERVICES
Presented by Trustee Aktipis. Trustee Aktipis stated that there is substantial savings to the
Village for the 2010 -11 year for dental, vision and life insurance with carriers other than
those we currently have. He also stated that staff will be meeting with B1ueCross
B1ueShield to discuss health insurance rates and that staff will make a recommendation at
the next Board meeting.
Motion by Trustee Aktipis, seconded by Trustee Carson, to approve and direct staff to
execute the respective agreements with Delta Dental for dental insurance, EyeMed for
vision insurance, Mutual of Omaha for life insurance and Mesirow Financial for
consulting services. I further direct staff to review the final proposal from BlueCross
BlueShield of Illinois and be prepared to present a recommendation on health insurance at
the next meeting in May. Discussion ensued.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 — None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
C. TASTE OF OAK BROOK PARKING LOT BIDS
Removed from this agenda.
10. ACTIVE BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) POLICE PENSION FUND BOARD
Motion by Trustee Aktipis, seconded by Trustee Wolin, to approve the re- appointment of
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Alan Felman to the Board of Trustees of the Police Pension Fund. VOICE VOTE: Motion
carried.
B. ORDINANCES & RESOLUTIONS — None
C. AWARD OF CONTRACTS
1) AGREEMENT TO MANAGE POOLSIDE CAFE
Presented by Trustee Carson. Trustee Carson stated that we recently requested bids for
operation of the poolside cafe but no bids were received. He further stated that President
Craig contacted a number of companies to see if there was any interest in operating the
poolside cafe. Jay Patel is owner of a Subway in Roselle. The Village will receive 10% of
the proceeds. Trustee Carson asked Manager Niemeyer to give the Board a brief
overview of the agreement and menu.
Motion by Trustee Carson, seconded by Trustee Zannis, to approve the agreement
between the Village of Oak Brook and Jay Patel, to operate the Poolside Cafe for the 2010
pool season. Discussion ensued.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
2) INTEGRYS — ELECTRICAL ENERGY SUPPLIER FOR WATER PUMPAGE
STATIONS AND THE GOLF CLUBHOUSE
Presented by Trustee Aktipis. Trustee Aktipis stated in May of 2010, additional electric
rate legislation became effective allowing the Village to receive competitive pricing for
electric energy for water pumpage and the Golf Clubhouse.
Motion by Trustee Aktipis, seconded by Trustee Wolin, that the Village Board award a
36 -month contract from December 2010 - December 2013, subject to staff review, to
Integrys, for the supply of electrical energy for the Village's water pumping stations and
Golf Clubhouse.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
D. AMENDMENT TO TITLE 1, CHAPTER 14 OF THE VILLAGE CODE — FEES
(PLANNED DEVELOPMENTS)
Presented by Trustee Moy. Trustee Moy stated in 2009 the Village Board approved the
ordinance establishing fees for planned development regulations and that this is the last
step in a four step process. He further stated that based on a survey staff conducted of
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what other communities charge, we will be charging $1,500 for a new planned
development application, $500 for each waiver or variation from the Village Code that is
requested, $750 for modification and an initial $500 escrow be established at the time of
application.
Motion by Trustee Moy, seconded by Trustee Aktipis, that the Village Board approve the
recommended changes to the fees in section 1 -14 -1 of the Village Code to establish fees
for planned developments and authorize the Village Attorney to prepare the necessary
ordinance for final consideration at the May 25, 2010 Board meeting.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 —None
Abstain: 0 —None
Absent: 0— None
Motion carried.
E. UPDATE ON 22" STREET SIGNAL ISSUES
Manager Niemeyer gave an overview of the proposed agreement between IDOT and the
Village for West 22 "d Street related improvements. The Village is responsible for an
estimated cost of $2,484,255. The Village is seeking reimbursement from private stores
for some of the cost. The Shops of Oak Brook will contribute $160,000 for a traffic signal
at their location, Costco will pay for all costs directly related to a traffic signal at their
location, and the Village is in negotiations with Macy's regarding the traffic signal at their
furniture store location. Manager Niemeyer further stated that staff is negotiating a cost
sharing agreement with Oakbrook Terrace. Manager Niemeyer also stated that $1,000,000
of the total cost is for water main replacement along 22nd Street. Construction on 22 "d
Street is tentatively scheduled for summer 2010. Discussion ensued.
F. VILLAGE BOARD MEETING POLICIES AND APPROVAL PROCESSES
Presented by Manager Niemeyer. Manager Niemeyer stated that staff is recommending
eliminating the committee of the whole meetings and eliminating the second Board
meetings in June, August and December. Manager Niemeyer also stated that staff is
recommending changes in the purchasing and settlement authority of the Village
Manager. Discussion ensued.
Motion by Trustee Carson, seconded by Trustee Zannis, to direct staff to draft the
necessary revisions to the Village meeting policies and the Village Code to eliminate the
Committee of the Whole meetings and the second regular meeting from the months of
June, August and December from the yearly calendar and increase the Village Manager's
purchasing authority by $5,000, while still ensuring the Board approves the vast majority
of items. Additionally, staff recommends that the Village Board authorize the Village
Manger to settle claims up to the Village's newly established risk management deductible.
All these policies will be reviewed and revisited by the Board in May, 2011 and every
other year thereafter.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson. Moy, Saiyed, Wolin and Zannis.
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Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
G. IRGENS DEVELOPMENT AGREEMENT DISCUSSION
Trustee Aktipis stated that the Village was informed by Irgens that obtaining funds for the
SSA as proposed was not financeable due to the current condition of the economy. Irgens
is requesting that the Village contribute the $736,000 for public improvements that would
be paid back by an SSA. Trustee Aktipis further stated the five different options staff is
proposing to resolve this issue.
Rob Oldenberg from Irgens addressed the Board. Mr. Oldenberg gave a quick overview of
the project and its challenges. He stated that they would like to work with the Village to
come up with creative ways to finance a $736,000 SSA for improvements on York Road
since their financers are very hesitant to finance it. He stated that Irgens is making a
$22,000,000 investment in Oak Brook and are very excited about the project. He further
stated that they will not start the roadway improvements until they know the construction
project is moving forward. Irgens will provide a letter of credit that assures the Village
that roadway improvements will be paid for.
Discussion ensued.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Manager Niemeyer stated that membership renewal and registration for the B &T
Clubhouse has started, gypsy moth spraying will begin May 12, 2010 and the Oak Brook
Park District has contributed to the payment for building improvements for the Oak Brook
Historical Society museum.
B. VILLAGE CLERK
Clerk Pruss stated the census forms can no longer be turned in but census workers will be
going to residents homes who have not submitted the form to help them with the form.
Clerk Pruss also stated that Flagg Creek Water Reclamation District established an
irrigation cap program that restricts the sewer user charge. To determine eligibility
residents must complete an application and submit it to the district. June 30, 2010 is the
last day to submit the application.
C. TRUSTEES —None
D. VILLAGE PRESIDENT- None
12. ADJOURN TO CLOSED MEETING To discuss collective negotiating matters between
the public body and its employees or their representatives, or deliberations concerning
salary schedules for one or more classes of employees (2c2). To consider the appointment,
employment, compensation, discipline, performance, or dismissal of specific employees of
VILLAGE OF OAK BROOK MINUTES Page 7 of 8 REGULAR MEETING OF May 11, 2010
the public body or legal counsel for the public body, including hearing testimony on a
complaint lodged against an employee of the public body or against legal counsel for the
public body to determine its validity (2cI).
Motion by Trustee Saiyed, seconded by Trustee Aktipis, to discuss collective negotiating
matters between the public body and its employees or their representatives, or deliberations
concerning salary schedules for one or more classes of employees (2c2). To consider the
appointment, employment, compensation, discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee of the public body or against legal
counsel for the public body to determine its validity (2c1).
ROLL CALL VOTE:
Ayes: 6 — Trustee Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 — None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
This meeting was adjourned to Closed Meeting at 9:16 pm.
11. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Aktipis, to reconvene from closed session
and adjourn the Regular Meeting of the Board of Trustees at 10:05 pm. VOICE VOTE:
Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk .
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