Minutes - 06/08/2004 - Board of TrusteesMINUTES OF THE JUNE 8, 2004 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON JUNE 225 2004
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 7.31
p.m. The Pledge of Allegiance was given.
2. ROLL CALL:
Deputy Village Clerk Carol Harty 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; Harlan Spiroff, Village Attorney
and Margaret Klinkow, Library Director.
3. RESIDENT /VISITOR COMMENT:
President Quinlan acknowledged the fine sculpture of Abraham Lincoln created by
Rebecca Caleel, wife of Trustee George Caleel. The beautiful statute was donated on
behalf of the Oak Brook Women's Club to our Oak Brook Public Library He
recommended that everyone should visit the new addition to our Library.
President Quinlan reassured our residents that the Oak Brook Police Department is
operating smoothly under the current leadership of Interim Police Chief Steve Larson. He
assured our residents that our public safety remains at the high standards that the residents
expect and demand as the Village searches for a new Police Chief. The process for a new
Police Chief is underway with the Board reviewing resumes, as they will be discussing
this issue in the closed meeting as scheduled on the agenda. He acknowledged Police
Chief Daniel McCollum in attendance of the meeting, who is the head of the MAC Group
that is coordinating the efforts to hire a new Police Chief.
President Quinlan announced that the Village has received a $5,000 check from National
City Bank as part of their pledge for the Oak Brook Public Library. It is a portion of the
$25,000 that the Bank has pledged to the Oak Brook Public Library.
He also announced that the Autumn Fest would be held this fall. He acknowledged three
corporate citizens who have sponsored this event: McDonald's Corporation, Private Bank
and the Clubhouse Restaurant. He thanked those corporate entitles In Oak Brook on
behalf of the Village and the Autumn Fest Committee members for their generosity.
VILLAGE OF OAK BROOK Minutes Page 1 of 10 June 8, 2004
3. President Quinlan acknowledged Tom Truedson, Oak Brook Park District President, in
attendance of the Board's meeting.
Laurie Adams, Oak Brook Area Association of Commerce and Industry President,
addressed the Board of Trustees to thank President Quinlan, the Board, Golf Club
Manager VanDyke, Village Manager Boehm and Interim Bath & Tennis Club Manager
Patras for assisting in their annual Golf Classic to be held at the Oak Brook Sports Core
She encouraged the Board to participate in this special event held on July 19th, 2004
which is also their fundraiser for their association. President Quinlan explained that
OBACI is the Village's partner in trying to bring businesses and events to our Village and
area businesses. President Quinlan is the honorary chairman of this event also.
Police Chief Daniel McCollum, the MAC Group, which is a professional organization to
assist in searching for a new Police Chief for Oak Brook explained to the Board that they
are independent consultants that have received resumes for Oak Brook's Police Chief
position, which have been given to the Village Manager. He further explained their
portion of the process for locating candidates for this position. Trustee Zanms asked that
he attend the closed meeting of the Board after completion of the regular agenda.
4. APPROVAL OF MINUTES:
Regular Board of Trustees Meeting of May 25, 2004
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to approve the minutes of the
May 25, 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.
President Quinlan and Trustee Aktipis asked that Agenda Item 5. C Community
Development Referrals 1) GVA Williams -814 Commerce - Amended Application from a
Text Amendment to Variation be removed for further discussion.
Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Konn, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING JUNE 4, 2004 - $341,050.21
Significant Items included in Above:
VILLAGE OF OAK BROOK Minutes Page 2 of 10 June 8, 2004
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5. 1) Meccon Industries, Inc. — Payout #2 — Reservoir A Pumping Equipment
Replacement Project - $162,461.97
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MAY 22 2004 -
$603,913.60
C. COMMUNITY DEVELOPMENT REFERRALS
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS: None
E. REGIONAL BIKE TRAIL — SALT CREEK GREENWAY TRAIL — AMENDMENT
TO THE IDNR GRANT AGREEMENT
F. ORDINANCE ZO -TA -G -750, "AN ORDINANCE AMENDING SECTION 7 (A) 2)
OF CHAPTER 12 (OFF STREET PARKING AND LOADING) OF TITLE 13
(ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK RELATIVE TO SCREENED LOADING BERTHS"
6. ITEMS REMOVED FROM CONSENT AGENDA:
5. C. COMMUNITY DEVELOPMENT REFERRALS
1) GVA WILLIAMS — 814 COMMERCE — AMENDED APPLICATION FROM A
TEXT AMENDMENT TO VARIATION
At the April 27, 2004 meeting, the Village Board voted to continue a petition from
GVA Williams, the contract purchaser of the building at 814 Commerce seeking
approval of a text amendment to the Zoning Ordinance to permit additional
parking in the required 100 -ft. front yard setback along Commerce Drive.
Comments were made at the meeting that additional time was needed to better
understand and evaluate the request.
Since that action, Staff has had discussions with the applicant who has indicated a
desire to now amend their original application to request a variation which would
primarily impact the property at 814 Commerce instead of the requested text
amendment which has implications for all properties zoned ORA -1 located along
Commerce Drive
Trustee Aktipis explained that this is a second request for a text amendment that
involves parking in front of the 814 Commerce building to increase the parking
within the 100 feet front yard setback. This was before the Village Board in the
form of an amendment and presently it is before the Village Board in the form of a
variation. Staff has discussed the matter with the applicant and it is their
recommendation that the general parking be located in the back of the property to
allow the green belt in front of the building to remain undisturbed. President
Quinlan asked that Community Development Director Kallien continue working
with the applicant and Trustee Aktipis to resolve this issue.
VILLAGE OF OAK BROOK Minutes Page 3 of 10 June 8, 2004
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6. 5. C. 1) Community Development Director Kallien explained that Mr. Debb has not
submitted a formal request of a variation for the rear yard.
Motion by Trustee Aktipis, seconded by Trustee Zannis, to continue this agenda
item for further review. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
7. BOARD & COMMISSION RECOMMENDATIONS:
A. KANAN COURT SUBDIVISION — 3308 MIDWEST ROAD — FINAL PLAT
Mr. Mehul Shah, the owner of the property at 3308 Midwest Road, has submitted an
application seeking approval of a four -lot Final Plat of Subdivision. This request is
consistent with the 2003 Village Board approval which changed the zoning of the
property from R -2 to R -3.
The four lots planned for the site will all exceed the minimum lot size of 25,000 sq.ft.
in the R -3 District. Access to Midwest Road is provided by a private drive (cul -de-
sac) that is shown as out lot A on the plat.
As part of the submittal, the applicant has requested variations from the Village's
Subdivision Regulations including:
1. Waiver of the requirement for public sidewalk adjacent to the private street —
Section 14- 6 -3(E).
2. Waiver of the requirement for storm sewers in the rear yards — Section 14- 6 -3(D)
3. Waiver of the requirement for a street light — Section 14- 6 -3(F).
4. Waiver of the 60 -ft. cul -de -sac radius requirement — Section 14- 6- 3(A)2(c).
The Plan Commission, by a vote of 6 to 0, recommended approval of the proposed
final plat of subdivision subject to the following findings and conditions:
1. The subject property is zoned R -3 Single- Family- Residence District in the
Village.
2. The applicant has proposed four -lots, each meeting the 25,000 sq ft. minimum
lot size required under the R -3 Zoning.
3. The applicant has proposed a single, private access road from Midwest Road to
the four lots.
4. The Midwest Road access has been granted approval by the DuPage County
Division of Transportation with conditions.
5. Included in the approval from DuPage County is that the existing wall on the
subject property that is located within the right -of -way of Midwest Road must
be removed.
VILLAGE OF OAK BROOK Minutes Page 4 of 10 June 8, 2004
7.A. 6. The proposed bike path to run along the west side of Midwest Road on the
subject property will be relocated by the applicant.
7. A private access road will be constructed according to Village standards
including the 60 -ft. radius requirement.
8. The proposed cul -de -sac radius will be adequately sized to comply with the Oak
Brook Fire Department requirements.
9. The applicant has proposed a subdivision gateway and gate at the entrance to
the subdivision. Both of these features will be modified to address concerns
and issues raised by the Plan Commission and Staff.
10. The applicant has agreed to address the intent of the proposed tree preservation
issue in the revised landscape plan.
11. The applicant has identified a number of locations to connect to the Hinsdale
Sanitary Sewer service.
12. The applicant has determined through consultation with Village Staff and the
Hinsdale Sanitary District that sanitary sewer service will be provided to the site
from an existing public utility easement existing on the north 10 feet of lot 160
in the Midwest Club Subdivision.
13. The language for the public utility easement on lot 160 of Midwest Club has
been reviewed by the Village Engineer and Village Attorney concurring that it
can be used by the Hinsdale Sanitary District to provide sanitary sewer to the
subject property.
14. The applicant has offered to reasonably restore the public utility easement on
Lot 160 as well as any other damage that may occur on private property to its
existing landscape condition.
15. The applicant's request to waive the requirement for public sidewalk adjacent to
a public street per Section 14- 6 -3(E) is deemed reasonable due to the
applicant's offer to relocate the existing pathway.
16. The applicant's request to waive the requirement for streetlights per Section 14-
6-3(F) is deemed reasonable based on testimony provided by the applicant and a
review of current and expected conditions with the lighting as proposed on page
13 of the case file.
17. The applicant's request to waive the requirement for storm sewers in the rear
yards per Section 14- 6 -3(D) is deemed reasonable based on testimony provided
by the applicant.
18. The applicant's request to waive the 60 -ft. cul -de -sac radius has been
withdrawn.
19. The applicant addresses all technical comments contained in Village Engineer
VILLAGE OF OAK BROOK Minutes Page 5 of 10 June 8, 2004
7. A. Durfey's memorandum dated May 13, 2004 including final engineering approval.
In making this recommendation, the Plan Commission found that the applicant has
addressed all applicable standards required for a final plat of subdivision.
Motion by Trustee Aktipis, seconded by Trustee Zannis, to concur with the Plan
Commission recommendation to approve the Final Plat for the Kanan Court
Subdivision and authorize the Village Attorney to draft the necessary resolution for
final consideration at the June 22, 2004 Board of Trustees meeting. VOICE VOTE:
Motion carried.
B. OAK BROOK PARK DISTRICT — 1450 FOREST GATE ROAD — VARIATION -
STRUCTURE HEIGHT BALL FIELD LIGHTS
The Oak Brook Park District has submitted a petition seeking approval of a variation
in order to install ball field lights on fields one and four that exceed the maximum
height permitted in Section 13 -3 -8 of the Zoning Ordinance. In particular, the
proposed lights would exceed the maximum height of a structure in the CR District by
more than 15 feet. At the present time, the maximum permitted height on the Oak
Brook Park District property is 55 feet. A similar request was approved by the Village
in 1994 for fields two and three (Ordinance 94- ZO- V -EI -S -779).
To provide sufficient lighting for the fields, field #1 will require six 70 -ft. high poles
with lights, while field #4 will require four 60 -ft. high poles with lights. It should be
noted that Park District Director Tom Suhs has indicated that there are not immediate
plans to install lights on field #4.
The Zoning Board, by a vote of 5 to 0, recommended approval of the proposed
variation subject to the following conditions:
1. Amend Ordinance S -779 to allow light fixtures on ball field #1 to be 70 -ft in
height and on ball field #4 to be 60 -ft. in height from finished grade in accordance
with the plans as revised.
2. The use of the lights atop the poles shall be limited on ball fields #1 and #4 to the
time period from April 1 to Labor Day of each year. All other conditions
contained in Ordinance S -779 for the use of the existing lights on ball fields #2
and #3 shall remain in full force and effect.
3. All sources of light shall be reasonably shielded so that the source of light is not
directly visible from any adjacent single- family dwelling.
4. The maximum permitted illumination at the property line of any adjacent
residential property shall not exceed one -half (1/2) foot candle. Provide revised
plans that are signed and sealed showing lighting details.
VILLAGE OF OAK BROOK Minutes Page 6 of 10 June 8, 2004
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7.B. 5. Retrofit proposed and existing lights with automatic shut -off timers set for no
later than 10:00 PM.
6. Lights on ball field #1 will only be used for baseball, for any other use would
require Village Board approval.
In recommending approval, the Zoning Board found that the petitioner adequately
addressed the applicable factors for approval of a variation and the addition of the
proposed ball field lights is consistent with other activities on the District's property.
Ed Squier, Forest Gate resident, addressed the Board of his concern of lights from the
Oak Brook Park District baseball field as his home is directly opposite of the field. He
noted that the Park District Board did not notify the residents of lighting the baseball
field until after it was approved. He requested that in an effort for good relationship of
all involved that the homeowners should have been invited to that meeting. He asked
that the Board postpone their decision this evening so that the homeowners could
discuss this further with the Oak Brook Park District Board. He indicated that Park
District President Truedson stated they could attend their Board meeting next Monday,
June 14, 2004 to address this issue.
Jack Pine, Forest Gate resident, voiced his concern of the parking along the north side
of Forest Gate Lane in the evening due to the Park District's baseball fields. He stated
that if additional use of the baseball fields is to occur, then the parking needs to be
addressed by the Village. The second issue he addressed is rather than the Park
District lighting another baseball field that they light a soccer field. He indicated there
is considerable usage of the soccer field in the evening and basketball court while
there isn't any lighting for the soccer field.
Ernie Karras, resident of Forest Gate, asked that the Village Board consider tabling
this agenda item as not all of the parties involved have met to resolve these issues. He
noted the glare of the 44 lights on the field that are 70 ft. in the air and half of the
lights face the Forest Gate subdivision. He explained that the lights are to be off in the
evening at 10:00 p.m. and some lights are left on all night or on the weekend for two
Park District baseball fields that presently have lights. He explained there isn't a
person to call when this occurs and this hasn't been resolved. The Park District wants
the lights until October 31 St for the Little League but their league ends July 31St. He
inquired why they want them to continue until October 31St. The subdivision has
asked the Park District to camouflage Field 1 like Fields 2 and 3 as they are
camouflaged from the street with excellent landscaping.
Ms Chrisman, Forest Gate resident, explained to the Board that the residents did have
an initial meeting with the Park District that the lights were especially for the Little
League games ending mid -July. They were willing to work with the Park District to
come to an amicable consideration for both parties concerned. The following
meetings they were informed that the fields would be used until October 31 st for any
sporting activities. They have not been notified what types of sports are going to be
VILLAGE OF OAK BROOK Minutes Page 7 of 10 June 85 2004
7.B. played on the fields.
President Quinlan explained that before the Village Board is a request for approval of
a zoning variance. The Village Board does not have the right to dictate to the Oak
Brook Park District, which is a complete and separate governing body duly elected by
the residents of Oak Brook. He noted that the Board might reject this zoning variance
which may have some adverse affects. Under the law, the Village Board does not
have the authority to deny the Park District from installation of the lights. The Park
District has the right to place lights now on a 55 ft. pole on the baseball fields. The
Board is willing to work for an amicable solution.
Robert Aproti, addressed Attorney Spiroff whether a public notice was given to the
affected residents of Forest Gate. Attorney Spiroff explained that by State Statute
notice must be given to property owners within 250 ft. of the affected property.
Community Development Director Kallien clarified that the process that was used for
notification has been the process since the inception of Oak Brook which follows State
Statute. The public notice was sent to all owners of record of those lots as York
Township Assessor Fawell has on file. The public notice appeared in the newspaper
on April 16th with the meeting held on May 4, 2004.
Tom Truedson, President of Oak Brook Park District Board, addressed the Village
Board of the issues presented by residents of Forest Gate subdivision. He indicated
the Park District Board is cognizant of the concerns of these residents. He explained
their Board meeting is to be held next Monday at 6:30 p.m. and indicated that
residents could address their concerns at that time to the Park District Commissioners.
The Park District Board, in open meetings, has discussed this issue for a year which
was requested by the Oak Brook Little League. The Park District Board realizes that
the lights are being left on after 10:00 p.m. This problem is being addressed with
electronic timers. He noted that parking is a concern when all the fields are in use in
which the Village may have to address this issue. Tom Suhs, Director of the Oak
Brook Park District, explained to the Village Board the need for the request of lighting
baseball Field 1 on the park district property.
Trustee Aktipis explained that the only issue before the Village Board is the height of
the poles for the lights on the baseball field. The lights must conform to the Village
ordinance of lights spilling outside of the area of the field and into the residences of
Forest Gate. He noted that if the Board denied the variance, the residents may face an
option that is not as desirable with the Park District having to increase the number of
poles at 55 ft. to produce the same lighting.
Motion by Trustee Caleel, seconded by Trustee Zannis, to continue this agenda item
for further review. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korm, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 8 of 10 June 8, 2004
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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) ORDINANCE 200.4- PW- WPA -EX 1 -5 -1073, "AN ORDINANCE
ASCERTAINING THE PREVAILING RATE OF WAGES FOR LABORERS
WORKERS AND MECHANICS EMPLOYED IN PUBLIC WORKS IN THE
VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS"
Pursuant to the provisions of the so- called Prevailing Wage Act, the State requires
that each June the Village pass an ordinance ascertaining the prevailing rate of
wages for various trades employed in performing construction on public works
within the Village. The Illinois Department of Labor has released statistics
relative to such prevailing wage rates for DuPage and Cook Counties. Ordinance
2004- PW- WPA -EX 1 -5 -1073 is an ordinance which adopts these mandated wage
rates.
Motion by Trustee Zannis, seconded by Trustee Aktipis, for passage of Ordinance
2004- PW- WPA -EXl -S -1073, An Ordinance Ascertaining the Prevailing Rate of
Wages for Laborers and Mechanics Employed in Public Works in the Village of
Oak Brook, Du Page and Cook Counties, Illinois. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 1 - Trustee Caleel.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None.
10. INFORMATION & UPDATES:
A VILLAGE PRESIDENT - None.
B. VILLAGE MANAGER
Village Manager Boehm explained that at the last Village Board meeting resident Jim
VILLAGE OF OAK BROOK Minutes Page 9 of 10 June 8, 2004
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10. B.
Mullins had requested that the Village consider a stop sign on Regent Drive near the
Brook Forest School due to the high speed of traffic on that street. Village staff has
implemented selective enforcement along Regent Drive and placed the Speed Wagon on
the street. Staff is evaluating traffic calming techniques that could be implemented based
on their analysis and the Engineering staff will also be analyzing the speed of traffic. To
Trustee Caleel's request, Spring Road is also receiving selective enforcement by our
Police Department but unfortunately the Speed Wagon is out of commission at this time.
C. VILLAGE CLERK -None.
11. ADJOURN TO CLOSED MEETING:
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 and to consider the appointment,
employment, compensation, discipline, performance, or dismissal of specific employees
of the public body.
Motion by Trustee Caleel, seconded by Trustee Craig, to adjourn at 8:55 p.m. to a closed
meeting 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 and to consider the appointment,
employment, compensation, discipline, performance, or dismissal of specific employees
of the public body. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
12. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at 9:57 p.m.
VOICE VOTE: Motion carried.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 10 of 10 June 8, 2004
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