Minutes - 05/25/2004 - Board of TrusteesMINUTES OF THE MAY 25, 2004 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK UNOFFICIAL UNTIL APPROVED AS WRITTEN
ON JUNE 8, 2004.
I . 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 7:35
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 B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; Dale L. Durfey, Jr., Village Engineer; Robert L. Kallien,
Jr., Director of Community Development; Bruce F. Kapff, Director of
Information Services & Purchasing; Margaret Klinkow, Library Director;
Kenneth T. Kubiesa, Village Attorney; Darrell J. Langlois, Finance
Director and Nelson Patras, Interim Bath & Tennis Club Manager.
3. RESIDENT /VISITOR COMMENT:
President Quinlan publicly recognized Police Officer Norman Nemec who won a silver
medal in the national Judo Championship. He congratulated him for his efforts on behalf
of the Village of Oak Brook.
President Quinlan also introduced the new Library Director for the Village's Public
Library Margaret Klinkow.
President Quinlan noted that resident Jim Mullens wished to address the Village Board.
Mr. Mullens asked the Village Board of Trustees to consider a method of slowing down
traffic on Regent Drive in the Brook Forest subdivision. Brook Forest School is across
the street from his home and he believes that cars are speeding along the street.
Trustee Caleel noted that the same situation occurred on Spring Road in Fullersburg
Woods and the residents requested a speed bump. The Village explained that snow
plowing was affected by a speed bump and a slow down sign was installed. President
Quinlan remarked that the Village Manager and he have discussed this matter and speed
bumps make over -all road maintenance difficult. He suggested that there are other
methods to meet the objective and that staff will review this further to determine what
methods may be available. He asked that Public Works Director Meranda research this.
VILLAGE OF OAK BROOK Minutes Page I of 9 May 25, 2004
3. President Quinlan also requested that selective police enforcement be instituted for the
street along with the speed wagon including Spring Road.
Trustee Korin remarked that there are very stringent rules for installation of stop signs.
She asked that staff work on this project as soon as possible due to the playground area,
playing fields and park being used after school and the weekends.
4. APPROVAL OF MINUTES:
Regular Board of Trustees Meeting of May 11, 2004
Motion by Trustee Caleel, seconded by Trustee Korin, to approve the minutes of the May
11, 2004 Regular Board of Trustees meeting. 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.
Trustee Korin asked that Agenda Items 5. C. Community Development Referrals, 1)
McDonald's Corporation - 22"d /Spring - Final Subdivision; 2) McDonald's Corporation -
22nd / Sptng - Text Amendments and 3) McDonald's Corporation - 22'd /Spring - Special
Uses be removed from the Consent Agenda 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 MAY 21, 2004 - $821,138.11
Significant Items included in Above:
1) Du Page Water Commission - $170,334.11
2) Civiltech Engineering, Inc. — Payout # 7 — York/Harger Road Bicycle /Pedestrian
Path Phase III - $12,825.92
3) Debt Service Payment — 2001 Installment Contract Certificates - $79,690.64
4) Debt Service Payment — 2003 Installment Contract Certificates - $10,131.25
5) Brothers Asphalt Paving Payout 0 and Final — 2003 Paving Project -
$14,381.61
6) James D. Fiala Paving — Payout #1 — 2004 Paving Project - $227,069.32
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MAY 8, 2004 -
$637,696.04
VILLAGE OF OAK BROOK Minutes Page 2 of 9 May 25, 2004
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS
E. ACCEPT AND PLACE ON FILE TREASURER'S REPORT_ — APRIL, 2004
F. VILLAGE OF OAK BROOK PARK DISTRICT - WAIVER OF FEES — SPECIAL
USE
G. ILLINOIS SAINT ANDREW SOCIETY'S HIGHLAND GAMES — LICENSE
AGREEMENT FOR SPORTS CORE FIELD 2 AND FIELD 3 USAGE
H. MEMBERSHIP RENEWAL PAYMENT OF DUES AND ANNUAL
ASSESSMENT — DUPAGE MAYORS AND MANAGERS CONFERENCE —
2004/2005
I. ORDINANCE 2004- PP -EXI -S -1072 AN ORDINANCE AUTHORIZING THE
SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE
VILLAGE OF OAK BROOK
J. CHANGE ORDER #1 — 2004 PAVING PROJECT - $2,500 — JAMES D. FIALA
PAVING — REVISED TOTAL CONTRACT AMOUNT - $929,145.80
6. ITEMS REMOVED FROM CONSENT AGENDA:
5. C. COMMUNITY DEVELOPMENT REFERRALS
1) MCDONALD' S CORPORATION — 22ND /SPRING — FINAL SUBDIVISION
2) MCDONALD'S CORPORATION — 22ND /SPRING — TEXT AMENDMENTS
3) MCDONALD'S CORPORATION — 22ND /SPRING — SPECIAL USES
Trustee Korin asked that this Agenda Item 5. C. 1, 2 and 3 be removed for further
discussion. She explained that the wording should be changed in the motion. It states to
refer to the Plan Commission with verbiage to review and recommend on the same day
rather than allowing them as much time as possible.
Motion by Trustee Korin, seconded by Trustee Zannis, to refer to the Plan Commission
for review at its June 21, 2004 meeting the request form the McDonald's Corporation for
a final plat of subdivision for the property located at the northeast of 22° Street and
Spring Road, and to the Zoning Board of Appeals for Public Hearing at its July 2004
meeting for text amendments to the Zoning Ordinance in order to construct a new
restaurant at the corner of 22nd Street and Spring Road and for two special uses in order to
construct a new restaurant at the corner of 22nd Street and Spring Road. ROLL CALL
VILLAGE OF OAK BROOK Minutes
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Page 3 of 9 May 25, 2004
6. 5. C.1)2) and 3)
VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf.
Absent: 0 - None. Motion carried.
7. BOARD & COMMISSION RECOMMENDATIONS:
A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — OFF - STREET LOADING
DOCKS
The Village of Oak Brook has submitted a request for a text amendment to Section 13-
12-7(A)2 of the Zoning Ordinance to modify the requirements for screening off - street
loading docks in the B -2 Zoning District. At the present time, all loading docks in the
B -2 District which are within 500 feet of a perimeter street must be completely
enclosed. Oakbrook Center management has provided information to the Village that
the existing screening requirements for loading docks is contradictory and presents
significant challenges. A more reasonable approach would require that all loading
docks in the B -2 District be screened instead of totally enclosed.
A summary of the proposed amendment is as follows:
Proposed Text Amendment: Chapter 12 — Off - Street Parking and Loading.
(New language is underlined; deleted language is shown with a strike - through).
13- 12 -7(A)2 In the B -2 zoning district, off street loading berths may face perimeter
or boundary streets if said loading berths afe enelesed are screened by a stone or
masonry wall at least eight feet (8') in height. No off street loading berths shall be
permitted within five hundred feet (500') of a boundary street, unless such loading
berths are completely enelose screened and are located at the rear of the building.
The Plan Commission at its meeting April 19, 2004, voted 5 to 0, and the Zoning
Board of Appeals at its meeting on May 4, 2004 voted 5 to 0 to recommend approval
of the proposed amendment as requested by the petitioner.
In making this recommendation, both the Zoning Board and Plan Commission found
that the petitioner has satisfactorily addressed the applicable factors for approval of a
text amendment to the Zoning Ordinance and that the proposed amendment is both
reasonable and consistent with the goals of the B -2 Zoning District.
Trustee Zannis commented that there are several loading docks that have not been
enforced with our regulations. President Quinlan explained that with the building of
the new Cheesecake Factory, the Community Development Department wants to
VILLAGE OF OAK BROOK Minutes Page 4 of 9 May 25, 2004
7. insure that compliance is met with all of the Village's rules and regulations.
Trustee Zannis asked to define screening. Community Development Director Kallien
explained that the Plan Commission and Zoning Board of Appeals chose not to define
screening as different kinds of screening would be built for different establishments. It
is viewed on a case by case basis as this is for the shopping center only. Consultation
has occurred with staff and the Center for the best results for semi - trucks to back into
the loading docks with proper screening.
Motion by Trustee Aktipis, seconded by Trustee Korin, to concur with the findings of
the Plan Commission and Zoning Board of Appeals and approve the requested text
amendment to Section 13- 12 -7(A)2 of the Zoning Ordinance and authorize the Village
Attorney to draft the necessary ordinance for final consideration at the June 8, 2004
Board of Trustees meeting. VOICE VOTE: Motion carried.
8. UNFINISHED BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS - None.
C. AWARD OF CONTRACTS - None.
9. NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) RESOLUTION 2004 -LY -R -879 A RESOLUTION AUTHORIZING AND
DIRECTING THE OAK BROOK PUBLIC LIBRARY TO PARTICIPATE IN
THE NON - RESIDENT LIBRARY CARD PROGRAM FROM JULY 1, 2004
TO JUNE 30, 2005
In accordance with the administrative rules and regulations implementing Public
Act 92 -0166, the governing body of each public library is required to adopt a
resolution annually to authorize and direct the library to participate in the non-
resident card program.
Prior to the passage of P.A. 92 -0166, state law and library system membership
codes varied regarding whether non - resident cards could be sold and what
privileges were provided to a non - resident cardholder. P.A. 92 -0166 standardized
non - resident rules across the State. Each library governing board has the option
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Page 5 of 9 May 25, 2004
9. B. 1)
to participate or not participate. Last year, the Village Board of Trustees adopted
a resolution directing OBPL to participate in the program from July 1, 2003
through June 30, 2004.
Upon the recommendation of the Library Commissioners, the staff proposes that
the Village Board authorize the Library to participate in this program from July 1,
2004 through June 30, 2005. The cost for a non - resident card during 2004 is
$387.00 using the State's mathematical formula. (The tax bill method can only
be applied if a property tax is levied on the residents of the service area. As Oak
Brook residents are not taxed for library service, this method is unavailable for
setting the price of the non - resident card.)
Motion by Trustee Caleel, seconded by Trustee Korin, for passage of Resolution
2004 -LY -R -879, "A Resolution Authorizing and Directing the Oak Brook Public
Library to Participate in the Non - Resident Library Card Program from July 1,
2004 to June 30, 2005." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None.
D. ACCEPT THE ACTUARIAL REPORTS OF THE POLICE PENSION FUND AND
FIREFIGHTERS' PENSION FUND
An actuarial study of the Police Pension Fund and Firefighters' Pension Fund is
performed annually in order to monitor the funding progress of the two funds as well
as determining the Village's contribution for the coming year. Since it is in both the
Village's interest and the two pension fund's interest that these studies be performed,
50% of the cost of each study is paid for by the Village and 50% is paid for by the
respective pension fund. The studies presented were once again performed by
Timothy W. Sharpe, Actuary.
The actuarial study process begins with the Finance Department providing the actuary
with participant salary, contribution, and service credit data. From there, the actuary
calculates various scenarios based on prior actuarial assumptions as well as what the
impact would be for various changes in actuarial assumptions. The actuary then
attends a meeting with each respective Pension Board where the preliminary results
and various changes are discussed (no changes in assumptions were made for these
studies). Based on the direction given at the meeting, the actuarial studies are
completed and then approved by each Pension Board. Once approved, a funding
request is forwarded to the Village Board (ultimately responsible for funding the
pension programs). The following is a brief summary of the two reports:
VILLAGE OF OAK BROOK Minutes Page 6 of 9 May 25, 2004
Police Pension Fund
As the actuarial report indicates, the Police Pension Fund was 89.4% funded as of
December 31, 2003, an increase of 2.40% from the funded percentage in 2002. In
addition to the actuarial report, staff has prepared a comparative table for the period of
1999 -2004 that shows that the increase in funded percentage reverses a five year trend
where each and every year the funded percentage declined due to poor investment
markets as well as State mandated benefit enhancements. The positive change in the
funded percentage this year is primarily attributed to favorable investment returns,
most significantly with the Fund's equity investments.
The actuary has recommended a Village contribution of 16.46% of payroll for 2004, a
decrease 0.69% of payroll from the prior year. In dollar terms, this percentage will
result in a slight increase of approximately $500 since although the percentage
contribution will decrease, the amount of covered payroll is expected to increase. A
contribution of 17.00% of payroll was assumed in the preparation of the 2004 budget.
To date in 2004 the Village has continued to contribute to the Police Pension Fund at
the 2003 rate of 17.15 %. The past practice has been that the contribution rate is made
retroactive to January 1. Accordingly, if the contribution rate of 16.46% is approved,
a credit of $6,742.16 will be applied to the May contribution.
Firefighters' Pension Fund
The actuarial report indicates that the Firefighters' Pension Fund was 81.3% funded as
of December 31, 2003, an increase of 3.5% from the funded percentage in 2002. Like
the Police Pension Fund, this change reverses a significant negative trend that has
occurred since 1999 due to poor investment markets as well as State mandated benefit
enhancements. When viewing the summary table it is apparent that the comparative
investment performance for the two funds has varied significantly. This is due to
differing investment allocation decisions by the two funds whereby the Firefighters'
Pension Fund has targeted a higher allocation to equity investments as opposed to
fixed income investments. Due to favorable equity market performance in 2003, the
Firefighters' Pension Fund had a higher return. For this same reason, when equity
returns were poor in 2000 -2002, the Police Pension Fund had higher investment
returns.
The actuary has recommended a Village contribution of 21.80% of payroll for 2004, a
decrease of 1.33% of payroll from the 2003 rate. In dollar terms, this is a decrease of
approximately $44,000 or 9.4% from the recommended 2003 contribution. A
contribution of 23.0% of payroll was assumed in the preparation of the 2004 budget.
To date in 2004, the Village has continued to contribute to the Firefighters' Pension
Fund at the 2003 rate of 23.13 %. The past practice has been that the contribution rate
is made retroactive to January 1. Accordingly, if the contribution rate of 21.80% is
VILLAGE OF OAK BROOK Minutes
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10.
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approved, a credit of $10,781.68 will be applied to the May contribution.
Motion by Trustee Yusuf, seconded by Trustee Korin, to accept the actuarial reports of
the Police Pension Fund and Firefighters' Pension Fund. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
E. APPROVE A VILLAGE CONTRIBUTION OF 16.46% OF PAYROLL FOR
POLICE OFFICERS AND 21.80% FOR FIREFIGHTERS RETROACTIVE TO
JANUARY 1, 2004
Motion by Trustee Yusuf, seconded by Trustee Korin, to approve a Village
contribution of 16.46% of payroll for police officers and 21.80% for firefighters
retroactive to January 1, 2004. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
INFORMATION & UPDATE:
A. VILLAGE PRESIDENT: - No report was given.
B. VILLAGE MANAGER: - Village Manager Boehm indicated that Oak Brook has
faired very well with flooding as Salt Creek has been on the decline of levels of
water. The Elmhurst Quarry has not taken in any water during all of the recent
rainfall.
C. VILLAGE CLERK: - No report was given.
ADJOURN TO CLOSED MEETING:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn to Closed Meeting at
8:05 p.m. to discuss minutes of meetings lawfully closed under the Open Meetings Act,
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; to consider litigation, when an
action against, affecting or on behalf of the Village has been filed and is pending before a
court or administrative tribunal, or when the public body finds that an action is probable
or imminent. 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 8 of 9 May 25, 2004
ex��4
12. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the regular meeting at
9:34 p.m. VOICE VOTE: Motion carried.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk o '� //
��� s
VILLAGE OF OAK BROOK Minutes
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May 25, 2004