Minutes - 08/10/2004 - Board of Trustees4
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MINUTES OF THE AUGUST 10, 2004 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS AMENDED ON
SEPTEMBER 14, 2004.
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 7:30
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, John W. Craig, Susan
Chase Korin, Asif Yusuf and Elaine Zannis
ABSENT: Trustee George T. Caleel.
IN ATTENDANCE: Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village
Manager; Dale L. Durfey, Jr., Village Engineer; Robert L Kallien, Jr,
Director of Community Development; Kenneth Kubiesa, Village Attorney
and Darrell J. Langlois, Finance Director.
President Quinlan announced that the Board is scheduled to go into a closed meeting to
review minutes of a closed meeting so that the Board of Trustees will be allowed to
address it publicly in the open session of the Board meeting.
3 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.
Trustee Aktipis stated he would oppose any motion to go into a closed meeting as he
believes that the Village is going through a peculiar set of circumstances and he would not
want to discuss any business in closed meeting unless it could be demonstrated to him that
there is absolute legal necessity to do so. He stated he has reviewed the matters that are to
be addressed in the closed meeting and he did not believe any of those matters are
necessary in a closed meeting.
Village Clerk Gonnella made the following statement, according to the Village Code,
Ordinance 2004 - VCODE- CL- MTG- PLCY -G -739, An Ordinance Adopting a Closed
Session Recording Policy states in Section 1. C., Semi - annually at the second regular
Board meeting of the corporate authorities in January and July the agenda shall include
the following item: review of the minutes of all closed sessions that have not yet been
VILLAGE OF OAK BROOK Minutes Page 1 of 29 August 10, 2004
3. released for public review and determination of which if any may then be released.
Minutes or recordings shall not be released unless the corporate authorities of the Village
of Oak Brook find it as no longer necessary to keep them confidential to protect the public
interest or to protect the privacy of any individual. As to any minutes or recordings or
portions thereof not released the corporate authorities of the Village of Oak Brook shall
find that the need for confidentiality still exists as to those meetings or recordings or
portions thereof. The corporate authorities may require the Village Attorney's opinion
regarding the release or non - release of the respected recordings and minutes.
Clerk Gonnella indicated that there is one set of minutes that need to be reviewed by the
Board in order to be released to the public that is required by the Village Code and the
Open Meetings Act. She stated that if the one set of minutes are to be released in open
session that they would be released as printed and not as redacted as there are confidential
matters that should not be released to the public.
Trustee Aktipis stated that those minutes have been fully abridged and he believes that the
other Board members have also reviewed them and he has no difficulty releasing those
minutes in open session.
Motion by Trustee Aktipis, seconded by Trustee Korin, to release the set of closed
meeting minutes of June 30, 2004 as redacted. VOICE VOTE: Motion carried.
Trustee Aktipis asked that Agenda Item 12, Adjourn to a Closed Meeting also be removed
from the Agenda. Trustee Korin explained that she had asked for the closed meeting to
discuss litigation regarding IRMA representatives, as they were not in attendance of the
meeting It was a consensus of the Village Board that Agenda Item 12 be removed from
the agenda.
President Quinlan also announced that Agenda Item 9. B. 2), An Ordinance Amending
Title 1 ( "Administration "), Chapter 5 ( "Appointed Village Officials ") of the Village Code
of the Village of Oak Brook to Provide for Limits to Temporary Appointments of Village
Officials has been removed from the Agenda by consensus of the Village Board.
4. RESIDENTNISITOR COMMENT:
President Quinlan announced that the Village Board of Trustees at their last regular
meeting changed the method of prosecuting DUI's in the Village. He has reviewed this
process as several residents asked if he would veto the DUI (Driving Under the Influence)
ordinance He stated that he would not take such action. He voiced his concern of
repealing that ordinance as he indicated it was adopted for the right reasons. The,
ordinance was designed to improve police officer and attorney relationships and the
Village's police officers would have a better working relationship with the prosecutor It
would allow the Village to control the qualifications of whoever was prosecuting the DUI
cases. It also would create a revenue stream for the Village in creating funds to
VILLAGE OF OAK BROOK Minutes Page 2 of 29 August 10, 2004
4. strengthen the Police Department for better enforcement. He indicated that he did not
believe those three things would happen with the repealing of the ordinance. He did agree
that some cases would be negotiated to a lower penalty. The intent was not to subvert the
prosecution process but to allow the Village to negotiate where a not guilty was found and
find some benefit to the Village
He also addressed a rumor and innuendo that some misuse of power surrounding DUI
prosecutions has taken place. He has researched this and the Village Attorney has found
no evidence of that type of behavior from any member of the Board of Trustees or the
Village's Police Department. He indicated that he met with the Homeowner Association
Presidents that represent a fair number of the Village's homeowner associations on July
27, 2004. He stated that they sent a letter to him when he had surgery and he explained
that he will respond to them in writing within the next couple of days.
He stated that he is in receipt of a letter from the Illinois Department of Labor. He had
requested on behalf of the Village of Oak Brook to address the prevailing wage rate as the
Village must contract at a higher rate for landscape contracts involving the Oak Brook
Public Library. A hearing has been set for Friday, August 20th in which the Village will
address their case on this issue
Trustee Zannis requested an opening comment in which she stated that two Village Board
meetings prior she indicated she was upset because of an incident at her home that she
found very distressing. Yesterday a similar incident occurred at her home and she filed a
police report and she wanted to share it with the Village residents. A police officer
arrived within five minutes and was attentive to detail and accommodating. They both
agreed that what is happening in Oak Brook is not beneficial to the Village or staff and
she empathized with him. She stated that used tampons were found at her front and rear
doors as this incident also had occurred two weeks prior. Previous to that incident another
item was left at her front door that was intimidating and alarming to her. She believes that
the discord that is happening in Oak Brook today was not happening at the beginning of
June She has never had an incident at her home let alone repeated and of such an
offensive nature. She stated she has had many disagreements in the Village Board Room
In the beginning of June the Village Board was working well together and she does not
understand what went wrong and would like it to end. She offered that neighbors are
arguing over this issue and hoped it would end. She stated it is the most paramount issue
that the Village Board must face and stated that President Quinlan has the ability to end
this. She requested as a teammate, a neighbor and someone who loves Oak Brook that
President Quinlan address the situation.
President Quinlan stated he regrets any losses that Trustee Zannis is suffering at her home
and glad that she filed a police report. He hopes that the perpetrator is captured and
punished to the full extent of the law but that the Board must move forward with the
business of the Village.
VILLAGE OF OAK BROOK Minutes Page 3 of 29 August 10, 2004
IN
4 Trustee Aktipis stated that there are not strong enough words to denounce this type of
attempt to intimidate a Village Trustee. President Quinlan commented that before Trustee
Aktipis uses such strong language he asked if Trustee Aktipis had any proof or any sound
reasoning that this is an attempt to intimidate. He stated that he should have solid proof
before any accusation is made. Trustee Aktipis again reiterated that the proof that this is
intimidation is that three such incidents as Trustee Zannis has described have already
happened for the first time in the history of the Village. Is this simply a coincidence? He
suggested that anyone, who thinks that they may intimidate a Village Trustee and they
may intimidate the entire Village of Oak Brook are completely mistaken.
Trustee Zannis stated what has happened in the community is not a prank but the discord
that exists is not a healthy disagreement. It is an obstacle to the Village Board in doing
business involving the Village Attorney's resources, Trustees and President Quinlan's
time. The issue of trust is required in order for the Board of Trustees to work together as
a team.
Trustee Korin also requested making a statement. She stated it is absolutely in the best
interest of the Village to appoint a permanent Police Chief, approved and in place as soon
as possible. She stated to her knowledge President Quinlan has not made any
appointment to interview the four candidates or meet with any other individual, as it has
been twenty -one days since the deadline of July 20th to receive resumes. At the recent
Homeowner Presidents' meeting, President Quinlan had stated that he could not appoint
anyone only interviewing them once. She noted that Mr. Carpino was appointed after
only one interview Two of the four candidates the Trustees agreed to approve have been
interviewed twice. The Homeowner Association Presidents have requested several public
calls for a permanent appointment by August 2, 2004. The Village Board made a motion
at their last meeting to make an appointment whether it was the four candidates they have
approved or someone of President Quinlan's own choosing but to make the appointment
and move on with the process. She asked President Quinlan when would he offer an
appointment for the permanent Police Chief position
President Quinlan stated he would offer a compromised situation at the next Village
Board meeting. He stated that the Village Board would be able to review this and
determine whether to accept or reject it. Trustee Korin stated if he has some
compromised situation in mind, why not discuss it now. President Quinlan stated that he
does not have the details finalized. She indicated that she is skeptical that the Village
Board will receive something that the Board would agree on and acceptable to the
Village.
President Quinlan questioned, with the exception of Trustees Asif Yusuf and John Craig,
on what the Board evaluates as qualifications for a Police Chief. He asked what
knowledge the Board has other than the Board has experience in administration. He noted
that these two Trustees were police officers and would know what it takes to be a police
officer. He explained when he talked with other professionals, he considered their input.
VILLAGE OF OAK BROOK Minutes Page 4 of 29 August 10, 2004
9.1-
4. He listened to many law enforcement officials who gave him their opinions, which was
part of the driving force for the temporary appointment on the person he chose.
Trustee Korin stated that this Board was elected to make the decisions of the hiring of all
the directors and all corporate authorities. She noted that President Quinlan did not state
that they didn't have the ability to hire a Fire Chief. She remarked that the Board
members are educated people and the Board could receive the opinions of people in other
communities. She suggested that the interview process by the Board of Trustees and their
collective discussion could make a very educated decision as to who is the right person
for the job.
President Quinlan then asked how many resumes the Board interviewed for the Fire Chief
position. Trustee Korin stated that no resumes were reviewed. President Quinlan then
asked how many resumes the Trustees requested He indicated that none were requested
or were any interviews requested. Trustee Korin stated she had asked President Quinlan
to process a public search for a Fire Chief and it was only when she asked that did
Manager Boehm interview three or four persons. Trustee Aktipis stated whatever
mistakes were made in the past that they should not be repeated. He indicated that this be
an open process and there is enough input from those who by law are entrusted with that
input. There are seven members who constitute the corporate authority and President
Quinlan is not the corporate authority alone. He asked that President Quinlan participate
in the process the same way that the Trustees are willing to participate as this is not a
dictatorship but a democracy. He remarked that this is a democratic form of government
and by claiming that President Quinlan may make the input entirely by himself because of
having greater sources that will help guide him in this process is a high level of thinking
beyond where he should be thinking.
Trustee Yusuf indicated that a mistake was not made in the hiring of the Fire Chief but the
results have worked out well. Trustee Aktipis clarified that a mistake was not made in the
hiring of the Fire Chief but rather the process. Trustee Zannis stated she has
accountability to the residents and the Village residents know that process is very
important to her and has been since the previous administration. She stated she fought fo°r
process of the appointment of a Village Trustee but when it came to the Fire Chief, she
did not fight for process. She indicated she gave on that issue because of trust and other
issues She had to be accountable to her residents when they questioned her on why
interviews were not held as they asked her where was her loyalty and the process. She
stated that they did the best for Oak Brook as it has worked out wonderful with the Fire
Chief Her philosophy of process has not changed as four months ago she discussed in
closed session the process of the Police Chief position. The Board clearly understood her
comments of going back to basics to accountability to the residents and responsibility to
the public to interview and what are the qualifications to make a responsible decision.
Trustee Yusuf concurred reviewing the qualifications of individuals and to interview the
individuals and come to determination what is the best choice for the Village. Trustee
VILLAGE OF OAK BROOK Minutes Page 5 of 29 August 10, 2004
4. Zannis suggested that the process has been stymied.
President Quinlan stated he would move in accordance with the law.
Thomas Mullins thanked the Board for their work during this current administration in
settling a contract dispute with the police and fire departments, raising the property values
of the Village by raising the roof line for new construction and have taken necessary steps
to promote fiscal responsibility with the passage of a new sales tax initiative. None of this
work could have been done without the Board working as a team. He also sees a concern
of a trend during the previous administration under former President Bushy that for the
most part consists of the same Trustees. When Trustee Butler had to vacate his seat, two
qualified candidates were attempted by President Bushy to fill the vacancy and each time
the candidates were challenged and denied even though President Bushy was well within
her legal rights Unfortunately, this caused a divided Board for several months and issues
were tabled. This was finally settled with the appointment of Trustee Aktipis. Now it
appears a similar situation again except that now it is the current President being
challenged on similar issues. He stated President Quinlan has legally appointed a Police
Chief and is being challenged and thus the Village will suffer again. He has tried to
impose along with the Trustees that the Village through Attorney Peter Baroni prosecute
their own first time DUI's. Now through a sudden change of heart this has been shut
down. There are pros and cons to this issue however he agrees with Trustee Yusuf that
this probably should have been studied before the Board voted to repeal the ordinance. At
the last Board meeting President Quinlan attempted to appoint Mr. Sayiet to the Zoning
Board of Appeals and this was tabled without explanation. As a voter and a resident he
asked why so many of the appointments continue to be challenged and causing chaos in
the Village that is not needed. The Board has displayed that they have the ability to work
together as they did the first eighteen months of their administration and he asked
everyone to put their personal agendas aside and return to the business of the Village.
Trustee Aktipis asked if Mr. Mullins is a relative to the Mr. Mullins that spoke at the
previous Board meeting and Mr. Mullins indicated there is a number of the family
residing in Oak Brook Trustee Aktipis then remarked that the Mullins family and the
Quinlan family are very close. Mr. Mullins stated yes as well as he has known the Chase
family for twenty -seven years.
Trustee Korin commented to Mr. Mullins' remark that when 'President Bushy attempted to
make the appointments in the absence of Trustee Butler that she made appointments
publicly without discussion by the Board in closed meetings. It was her choice in two
occasions to make it public. She indicated that President Bushy finally came to a closed
meeting and that an appointment needed to be made that the Board would agree to and
that person was Trustee Aktipis. She noted that is exactly what has happened again in this
situation. Trustee Korin stated she has to do what is best and vote for the person that is
going to be the best candidate for the Village. If there had been some private
conversations or any notice whatsoever this public discussion would not have to happen.
VILLAGE OF OAK BROOK Minutes Page 6 of 29 August 10, 2004
4. Trustee Korin again asked for a nomination of a permanent Police Chief.
President Quinlan for the record read from the Village Code, Section 3 -1 -2, Chief of
Police: Office created, Appointment: The office of Police Chief of the Police
Department of the Village is hereby created. The Police Chief shall be appointed by the
Village President and approved by the Board of Trustees on the basis of merit, fitness and
experience.
Trustee Zannis addressed Mr. Sayied's tabled appointment. She indicated that she spoke
to Mr. Sayied of his appointment. The former Zoning Board of Appeals member Ayesha
Zaheer was an architect. She stated that Mr. Sayied wants to be involved in the
community and that he would be an asset. As a Trustee, she explained the Board would
need to determine if there is another resident that would bring value to the table. When
the Library Commission needed members, it was published and the Board asked to
interview any possible candidates and that the Village President requested this When
you request a candidate's name, should one know their qualifications and interview them
so that a knowledgeable decision can be made. None of that dialogue occurred and so six
Trustees were asked to approve the recommendation. President Quinlan asked if she had
spoken or interviewed any of the Library Commissioners that were approved that evening.
She indicated that she was not on the task force to do that as a committee was established
to interview commissioners and presented to the Board a recommendation. Trustee Korin
noted that the individuals approved at the last Board meeting were renewals as she did
interview candidates for the Library Commission as she sat on that task force.
Judy Lucas explained to Trustee Aktipis that she is a Mullins member and there are 10
Mullins who have homes in the Village and they have a vested interest in this Board. It
appears to her that the current Board of Trustees has a specific agenda of disrupting and
denying anything President Quinlan puts forth. The way she understands the situation is
that until a permanent Police Chief is appointed, the Board of Trustees has no say in the
matter. _ She remarked that this Village has not forgotten how long it took to fill the vacant
Trustee position a few years ago under the leadership of Karen Bushy. She recalls that it
was a similar situation of a few Trustees holding out until the candidate they favored was
appointed. The Police Chief position is too important to the Village and it needs to be
resolved. If it does continue for months then at least the Oak Brook residents will have
some input and it will be demonstrated at the polls in the spring The second issue is the
Homeowner Presidents as she indicated she did not care what side of the table they are on
but they absolutely have no right to speak on behalf of their residents without their
consent Unless they have polled their residents and received two - thirds of their consent,
how dare they speak for them? She truly hopes that each and every Oak Brook resident
attends their next Homeowner Board meeting to let their Homeowner President know how
they feel about their actions. To the handful of Homeowner Presidents that did not sign
the letter to President Quinlan favoring the Trustee position or stand behind a spokes
person at the July 27, 2004 Village Board meeting, she commended them for not using
their position to promote their political opinion.
VILLAGE OF OAK BROOK Minutes Page 7 of 29 August 10, 2004
Z6-
4 Alfred Knuth made a statement to the Board of his concern of the police appointment. He
stated many residents do not realize that in June of 2003 there were originally five
administrative positions in the Police Department including two Lieutenants, one
Sergeant, one Deputy Chief and one Police Chief. Since 2003 the Village has gone
through attrition with one Lieutenant, one Sergeant, one Deputy Chief retired and the
Police Chief retired leaving one Lieutenant to cover all criminal activities, administrative
issues as well as staff issues. The public may or may not applaud President Quinlan's
temporary appointment of Mr. Carpino but he had no other choice because of the
slowness of the process. He suggested that this type of attrition rate and at a level of one
key person within the Police Department is putting citizens in jeopardy. The finding of an
appointment has been slow as the May 20th deadline passed and then it was postponed to
June and July. He believes there were plenty of applicants to review. He noted in the
Chicago Tribune of June 2, 2004 that it stated the Village's Police Chief retires with extra
perks. The abstract illustrates that the past Chief retired with a $54,000 compensation and
health benefits. He asked why such a high retirement package was given to him He
asked whoever is hired as the Police Chief that such a package should not be given to that
person.
Trustee Aktipis stated that the crisis Mr. Knuth has suggested in the Police Department
has occurred in terms of personnel was created as the result of actions taken by President
Quinlan in removing two of the top leadership positions in the Police Department.
Mr. Knuth stated for the record that the Trustees in of themselves and the President would
allow this to happen. Trustee Aktipis indicated that hopefully the Trustees will be able to
release the contract and then the public will be able to see what circumstances took place.
Trustee Craig stated if he had not stepped forward that he would not approve the former
Police Chief's health benefits until he was 65 years old that it would have been in the
contract. Trustee Aktipis explained that the Board of Trustees did not review the signed
contract 'with the President of the Village and the former Police Chief but that contract
will eventually see the light of the day and Mr Knuth will have his answer.
President Quinlan cautioned that the Board of Trustees should not be discussing closed
meeting items in an open forum as they are supposed to be closed for a particular legal
reason.
Mario Vescovi stated to the Board that his signature is one of those listed on the letter to
President Quinlan as a Homeowner President. He explained their issue is the fact that
President Quinlan was given four names to select from a month ago from the Trustees,
which is their job to do, and asked why it has taken so long for the selection. He noted
that President Quinlan had stated it would take several days for him to respond to that
letter as over twenty Homeowner Presidents had signed representing 80% of the Village
residents. He asked that a Police Chief selection be made by August 10, 2004. He took
exception to Mr. Mullins' statement of increased property value due to the amount of data
VILLAGE OF OAK BROOK Minutes Page 8 of 29 August 10, 2004
4. going to the press, rancor taking place and negative feedback.
President Quinlan explained that he was invited with a two -day notice to the Homeowner
Presidents' meeting. For the record, the selection process is not for the Board of Trustees
to give him pre- approved names but the selection process is for the Village President to
make an appointment. He will present a pool of candidates to the Board of Trustees as he
will make a statement at the next Board meeting. He further commented that in regards to
the 80% representation that Mr. Vescovi indicated that the Homeowner Presidents
represented, he is not sure that is accurate as only fifteen Homeowner Presidents signed
the letter President Quinlan also noted that the letter was delivered the day of his
surgery. He further explained that everyone is neighbors and all seven Board members
including the Village Clerk sacrifice their time for the betterment of Oak Brook. He
suggested that people may disagree on how the process should take place but to remember
we are neighbors first.
Trustee Zannis asked to address the process of appointments by the Village President.
The Village President appoints with the advice and consent of the Board of Trustees.
Several years ago she wanted to put a policy in place to define this process. She indicated
that she wanted this written policy and at the time she was encouraged that by putting a
written policy to define the process is limiting and constricting to the Board and Village
President. It is her understanding that there is no policy in the Village of Oak Brook that
defines the process. Attorney Kubiesa stated Illinois State Statute and the Village Code
defines the process perhaps not to the extent that Trustee Zannis wishes defined. She
indicated there isn't a process for how a Trustee gives advice. Trustee Zannis understood
that the Board concurred and that through consensus the Board would interview and
present a list of candidates that would be acceptable to them.
President Quinlan suggested that the Board should not comment on closed meeting items
in open session. When those minutes are released to the public, those minutes are open
for the public to review and appropriate to address it. Trustee Aktipis asked Attorney
Kubiesa how discussing closed meeting items in general terms is contrary to the interest
of the Village or is in violation of the law. Attorney Kubiesa explained that the subject
matter of executive sessions is meant to be confidential and that is the purpose of that
meeting. Discussing those matters in open session violates the confidentiality of those
items and it is illegal. Trustee Aktipis asked in what way it violates the law as he does not
understand his reasoning as it is the initiative of the Board as the corporate authority to go
into closed session and define subjects that are within the context of the law that may be
discussed confidentially. By the same token it is within the prerogative of the Board of
Trustees to release that information as is done occasionally and he stated he did not see a
conflict. Attorney Kubiesa stated that once the Board of Trustees makes a collective
decision to release the information to the public then it is no longer confidential but that
hasn't been done in reference to the subject Trustees has been discussing.
Trustee Aktipis stated a motion could be made to release these minutes so that Trustee
VILLAGE OF OAK BROOK Minutes Page 9 of 29 August 10, 2004
4. Zannis could discuss the matter she wishes to address. Attorney Kubiesa stated you could
release the un- redacted minutes of the closed meeting whether or not that is in the best
interest of the Village without reviewing it as was requested by the Village Clerk in
closed session, but he has serious doubts that it is in the best interest of the Village.
Trustee Zannis stated her discussion involved whether or not the Board of Trustees had a
consensus of how they were going to proceed in order to get this done. Trustee Aktipis
stated he saw no down side in open session of the Board of Trustees deciding to release
that part of the closed minutes and therefore be free to discuss this in open session.
Trustee Yusuf stated that the Board is basically going to Agenda Item 9 B. 1) A
Resolution Approving the Release of Closed Meeting Minutes - January, 2004 through
June, 2004.
Motion by Trustee Aktipis, seconded by Trustee Korin, to release the part of the minutes
that relate to the subject under discussion and be free to discuss this in open session.
ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Caleel Motion carried.
Trustee Zannis stated there was a consensus of how the Board was going to move forward
in order to facilitate resolution. President Quinlan remarked there was a written
memorandum to the Board of Trustees outlining the process after their discussion from
the May 11, 2004 Board meeting. Trustee Zannis indicated there was conversation
relative to that issue. President Quinlan indicated that he had asked the Trustees to give
him names and that the whole process is in writing.
Trustee Aktipis stated the essential agreement was there would be a number of interviews
and a consensus would arrive among the Trustees of those who were best qualified for the
position Then the names would be presented to the President and from that pool he
would make a choice President Quinlan stated that was not his recollection as why he
stated it would be in the best interest or pull the documents. He suggested that the Board
of Trustees obtain those documents from the Village Manager and review them.
Trustee Zannis indicated that they agreed that they would proceed with all due speed in
the best interest of the Village. Trustee Yusuf stated that if they had gone with the
original pool of candidates from the original search they would not be in this situation.
Three of the four candidates are from that original search and had the Board started
interviewing at that time, completed the process a temporary appointment would not have
needed to be done. The shorthanded administrative personnel of the Police Department
would not have occurred and it would have been completed. What he thought was a very
good pool of candidates was not adequate for his colleagues and they sought to expand
the search which delayed the process by a couple of months which brought them into this
situation of laying the groundwork for a temporary appointment
VILLAGE OF OAK BROOK Minutes Page 10 of 29 August 10, 2004
M
4. President Quinlan asked that the Board move forward with the agenda.
Trustee Aktipis apologized to the McDonald's Corporation representatives but asked to
address other issues before their presentation.
Trustee Aktipis asked that three new items under Agenda Item 10., NEW BUSINESS be
addressed prior to considering any other items.
Motion by Trustee Zannis, seconded by Trustee Aktipis, to move Agenda Item 10., NEW
BUSINESS to this section of the Agenda. VOICE VOTE: Motion carried
10. NEW BUSINESS:
Motion by Trustee Aktipis, seconded by Trustee Zannis, stated the first item is to reiterate
a new resolution asking the Village President to move expeditiously in making a selection
and submitting a selection to the Board of Trustees for approval for a new Police Chief at
the next Village Board meeting. VOICE VOTE: Motion carried.
President Quinlan stated he would have a compromise or some other situation regarding
the permanent appointment of a Police Chief to the Board of Trustees at the next Board
meeting. The Homeowner Association Presidents will have a written response to the
letter from him within the next couple of days.
Motion by Trustee Aktipis, seconded by Trustee Zannis, to direct the Village Attorney to
draft an ordinance eliminating the position of Deputy Police Chief.
President Quinlan asked for a reason for such a major change in the Police Department.
Trustee Aktipis stated he would not attach any reasoning to this request.
Trustee Yusuf asked what is the urgency and logic behind this. Trustee Aktipis stated that
at this particular moment there is dispute in the manner in which the Police Department is
operating under a Temporary Police Chief and they want to avoid any changes including
the appointment of a Deputy Police Chief. Until such time as a permanent Police Chief,
he requested that this position be eliminated.
Trustee Yusuf asked Attorney Kubiesa if there was another method in which this position
could remain and be directed to be unfilled. Attorney Kubiesa stated he did not no the
answer at this point as he is surprised by the request. Village Manager Boehm stated
simply by motion that the Village Board could direct that the position not be filled The
Board did it by motion on the one Lieutenant position which has not been filled. Trustee
Yusuf stated if that is binding that this is a better way to go. Trustee Korin asked if it is
binding. Attorney Kubiesa stated the Manager is bound to follow the Board's direction
Trustee Zannis asked who makes the appointment of the Deputy Police Chief. Manager
VILLAGE OF OAK BROOK Minutes Page 11 of 29 August 10, 2004
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10. Boehm stated that the Police Chief makes the appointment of a Deputy Police Chief per
Village Code. The final paper work would have to go to the Village Manager for
approval.
Trustee Zannis stated that she thought President Quinlan had made a statement to the
press that promotions were done by the Fire and Police Commissioners. President
Quinlan stated that the Fire and Police Commissioners make the promotions with the
exception of the Police Chief, Deputy Police Chief and Fire Chief. She apologized that
she was not aware that the Police Chief makes the appointment.
Trustee Aktipis requested to eliminate the position of Deputy Police Chief until such time
as a permanent Police Chief is appointed.
Trustee Korin asked, perhaps from a point of compromise rather to give direction to the
Village Manager that the position of the Deputy Police Chief be unfilled until the
appointment of a permanent Police Chief is made
Motion by Trustee Aktipis, seconded by Trustee Zannis, to direct the Village Manager
that the position of Deputy Police Chief be unfilled until the appointment of a permanent
Police Chief is made. VOICE VOTE: Ayes: Trustees Aktipis, Craig, Korin and Zannis.
Nays: Trustee Yusuf. Motion carried.
Trustee Aktipis asked to discuss in general terms the agreement between the Village
President and former Police Chief Pisarek. Village Attorney Kubiesa stated that contract
by its terms as he reviewed it is confidential. He cautioned against raising issues or
subject matter from the contract in this public forum, as he would respond to any
questions in writing to the Trustees.
Trustee Aktipis remarked he wished to discuss in public the general terms of the
agreement between the Village President and former Police Chief Pisarek. He asked that
it be addressed in the public forum and asked for a motion to do that in open session
Attorney Kubiesa stated the issue is not whether this Board wants to address it , in open
session but whether former Police Chief Pisarek would agree since it is in the contract that
it not be discussed. Trustee Aktipis asked Attorney Kubiesa the question of the validity of
the contract and whether it was properly executed. Attorney Kubiesa stated he could not
answer that question but stated he could research that for the Board. Trustee Aktipis
asked if Attorney Kubiesa was aware that it was not reviewed by the Board Attorney
Kubiesa stated he was not aware of that situation Trustee Atkipis asked Manager Boehm
if the provisions of the contract were presented as an action item on a Board agenda.
Manager Boehm explained that the contract itself was not but that the motion for the
provisions contained in that contract was approved by the Village Board in open session.
Trustee Aktipis asked if the Trustees were aware of the context and content of that
contract. Manager Boehm could not state whether the Board was aware of or not.
VILLAGE OF OAK BROOK Minutes Page 12 of 29 August 10, 2004
ZZ;
10. Manager Boehm stated the motion directing this matter and action was taken following a
closed session item and was done in open session as is indicated in the May minutes.
Trustee Aktipis again asked if the Board reviewed this particular contract. Manager
Boehm explained that the Board did not have this particular contract but the provisions
contained therein were given to the Board. Trustee Aktipis stated that the provisions were
unknown to the Trustees when the item was passed relative to the contract. Trustee
Aktipis reiterated again whether this contract was properly executed and unless it was
given to the Trustees, the Trustees had a chance to review it, he is in great doubt that it
was properly executed. Attorney Kubiesa will review this and will give the Board of
Trustees a written opinion. Trustee Aktipis also requested the Attorney to advise the
Board whether it is legally a binding contract.
Trustee Zannis asked the Attorney who wrote the contract. Manager Boehm indicated
that a contract was written by a labor attorney from Laner and Muchin. Trustee Zannis
asked if the contract is contested who would defend it. She asked whose name is on the
document, who is responsible for that document and who approved it Attorney Kubiesa
stated he did not know. It is totally new to her that Attorney Kubiesa does not know if
that document was properly executed on behalf of the Village of Oak Brook.
Trustee Korin asked if there was a memo from Michael Jurisic dealing with the validity of
that contract to all the Board members and Attorney Kubiesa. She stated that since
receiving the memo questioning the validity of the contract, whether processed properly
and whether the information was truly known to the Board why did he not investigate it
Attorney Kubiesa stated he was not requested by the Board to investigate it. Trustee
Korin suggested to Attorney Kubiesa that it should have been in the best interest of the
Village, the Board and Chief Pisarek to investigate it. Attorney Kubiesa indicated no not
necessarily. She responded that she finds this highly unusual. Trustee Korin stated on the
record that she did not read that contract, there are a number of provisions that she was
unaware that they were in the contract and she does not believe that it was legally
processed because the members of the Board when they gave their collective consensus to
move forward with the severances they were asked to by President Quinlan, that they
knew what was in the severance package.
President Quinlan asked what was the vote on the severance package. Trustee Zannis
stated she voted on something she did not review and voted on a severance dollar amount
and did not vote on terms and conditions that she has read subsequent to them and she
entrusted that it had been legally executed
Trustee Aktipis stated he did not vote on a gag order that apparently was imposed on Mr
Pisarek. Trustee Korin stated there were additional benefits that the Board of Trustees as
a collective group did not verbally approve in that contract. President Quinlan asked that
the Board members prepare a list of what they believe those benefits are and they will be
matched against minutes and the vote that was taken.
VILLAGE OF OAK BROOK Minutes Page 13 of 29 August 10, 2004
F.S.
10. Mr. Knuth asked what happened to the $54,000 severance package given to Mr. Pisarek.
Trustee Aktipis stated the Board is waiting for the Village Attorney's opinion on this
issue. Trustee Aktipis suggested if that money was used as an incentive to create a crisis.
Trustee Korin stated Attorney Kubiesa must first address the legality of the contract and
hopes that will be at the next Village Board meeting. If it is not valid, the Board could
speak to the issue then but the funds will not be returned.
Trustee Korin asked Clerk Gonnella why Freedom of Information requests were denied
for release of Chief Pisarek's contract. She explained that as the Attorney has stated it
may not be released to the public. Trustee Korin stated it is public funds and that any
document with public funds could be released. Attorney Kubiesa explained the document
by its terms is confidential and that is why it is not released. He stated it is an agreement
between the parties to keep the terms of the agreement confidential. Trustee Zannis asked
who agreed to that. President Quinlan stated this is standard language.
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) RESOLUTION 2004 - ICMA -R -883, "A RESOLUTION AMENDING A
DEFERRED COMPENSATION PLAN OF THE VILLAGE OF OAK BROOK
TO PERMIT LOANS"
The Village of Oak Brook provides employees of the Village with access to the
ICMA -RC 457 Benefit Program, a Public Employer plan similar to the standard
401K plan common among private employers. Over the past few years, changes
in IRS laws and amendments to the ICMA 457 plan have attempted to narrow the
gap between the differences between the versions of these, deferred compensation
plans. Portability, investment options, and annual caps are some of the changes
that have been made to the plan since the inception of the 457 plan
The ICMA -RC 457 Plan is a deferred compensation plan allowing employees to
defer salary to this investment prior to tax with tax due upon withdrawal at
retirement. The simple theory is that upon withdrawal, the employee will likely
be in a lower tax bracket allowing for a lower rate of tax on this retirement
investment. There are specific provisions for employees to withdraw funds from
their individual accounts prior to retirement or separation which is accompanied
by a large penalty in the form of the level at which the withdrawal is taxed.
These withdrawals are allowed in "hardship" cases and the penalties result in a
double negative upon the employee.
The proposed amendment is yet another change to the plan document that would
allow employees to take a loan from their personal account following pre-
established guidelines for the loan. This loan thereby removes the penalty taxes
VILLAGE OF OAK BROOK Minutes Page 14 of 29 August 10, 2004
10. B. 1)
that would normally be assumed by the employee in the previous "hardship
withdrawal." The guidelines, though tentative as they are set by the employer
include:
1. A Maximum withdrawal of 50% of the employees individual account balance
or $50,000.00 -
2. The purposes in which a loan is allowed
3 Only one (1) loan outstanding at a time
4. Five (5) year repayment period
5. Separation from employment guidelines
6. Loans are allowed for only active employees
The Village will have two responsibilities with the implementation of this plan
amendment. The first, the payroll department will establish a payroll deduction
from the employee's paycheck according to the amortization schedule established
along with the standard 457 payroll wire. If an employee separates from the
Village, the employee is responsible to mail payment until repayment is complete.
If an employee defaults, then the prior penalties will be withdrawn against the
employee's personal account. This amendment will serve as a benefit to the
employees with no additional time commitment or expense to the Village
The Board asked that this item be discussed further. Trustee Zannis asked who
initiated this request Manager Boehm explained that staff requested this, as
ICMA 457 is an employee owned account that each employee may elect to defer
some of their compensation to this plan. Under this process an employee could
go into their own 457 Plan and take a loan out of their plan at no cost to the
Village which is allowed under the tax code. It is simply a self - directed
retirement account of the employees choosing. Trustee Korin stated such loans
have interest attached to them. Manager Boehm explained that this is not
included at this time as staff is still determining the rules, as there likely will be
an interest charged. Manager Boehm explained that the Board would not need to
approve of this. The basic rules are being designed for a maximum of 50% of
your account or up to $50,000. It has no bearing on the municipal finances as it is
an outside deferred comp plan through the International City Managers
Association. They would handle all of the processing of any loans. The Village
would have a payroll deduction for this and there is a five -year pay back of the
loan as the burden is on the employee.
Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Resolution
2004 - ICMA -R -883, "A Resolution Amending the ICMA -RC 457 Deferred
Compensation Plan of the Village of Oak Brook to Permit Loans." ROLL CALL
VOTE:
Ayes- 4 - Trustees Aktipis, Korin, Yusuf and Zannis.
VILLAGE OF OAK BROOK Minutes Page 15 of 29 August 10, 2004
10. B 1)
Nays. 0 - None.
Absent- 2 - Trustees Caleel and Craig. Motion carried.
2) ORDINANCE 2004 -PL -G -754 "AN ORDINANCE AMENDING TITLE 1
( "ADMINISTRATION ") OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK WITH RESPECT TO THE RESPONSIBILITIES, DUTIES AND
AUTHORITY OF THE VILLAGE MANAGER (CHAPTER 5, ARTICLE A)"
The Village Board at its July 27, 2004 meeting directed the Village Attorney to
draft an ordinance limiting the Village Manager's authority to hire, promote or
reassign duties of Village employees. The Village Board also directed the Village
Attorney to lower the manager's spending authority to $5,000.00 This ordinance
alters the text of the Village Code to accomplish the stated goals of the Village
Board.
President Quinlan asked for a motion to deny. Motion by Trustee Atkipis,
seconded by Trustee Zannis, to deny the motion for purposes of discussion.
President Quinlan stated his opposition to this ordinance as he does not wish to
plan on spending forty to fifty hours a week working at the Village or would the
Board be working at the Village. Trustee Zannis stated she asked for the text to
be written. She explained for the record that this in no way reflects the
capabilities of Village Manager Boehm or the trust the Board has in the Manager
This is intended to only protect him. She explained when a Board is not in
agreement with something very critical, little things become bigger things. It
would be easy for the Manager to be caught in the middle with different Board
members asking him to do different tasks Limiting his authority will force the
Board to resolve their differences so that when the Village Manager is given
direction it is with a common voice and for the good of Oak Brook. Otherwise,
he will torn between the two as there is sentiment in the Village of who is doing
specific things in the Village. He is one of the most valuable resources of the
Village and she does not want him to be compromised or his position.
Trustee Yusuf stated he didn't have a problem with Sections 2, 3 or 4 but he
asked in Section 1 that the Village Manager have the minimum authority to make
any moves or changes until the next Village Board meeting to consider it.
Trustee Zannis stated that the Administrative Assistant Rimbo could telephone
poll the Board and formalize it at the subsequent meeting.
Trustee Korin asked if there are other positions that are open other than the Police
Department. Manager Boehm explained there are two positions open in the
Public Works Department and Finance Department which is the Payroll
Administrator. Those positions are coming up quickly which are full -time
VILLAGE OF OAK BROOK Minutes Page 16 of 29 August 10, 2004
10. B. 2) positions. He stated his concern where any number of seasonal positions that
come up in the fall and spring which require quick action so they are not lost to
other employers. He indicated that a telephone poll could be done of the Board
members with ratification at a subsequent meeting if that is allowed.
Trustee Korin asked to consider exempting seasonal employees to this. Trustee
Zannis concurred with this at it is not a permanent situation.
Motion by Trustee Aktipis, seconded by Trustee Zannis, to amend the original
motion for passage of Ordinance 2004 -PL -G -754 "An Ordinance Amending Title
1 ( "Administration ") of the Village Code of the Village of Oak Brook with
Respect to the Responsibilities, Duties and Authority of the Village Manager
(Chapter 5, Article A) with the exemption of seasonal employees." ROLL CALL
VOTE:
Ayes. 4 - Trustees Aktipis, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf
Absent- 1 - Trustee Caleel. Motion carried.
C. AWARD OF CONTRACTS - None.
5. APPROVAL OF MINUTES:
REGULAR BOARD OF TRUSTEES MEETIING OF JULY 27, 2004
Motion by Trustee Aktipis, seconded by Trustee Korin, to approve the Minutes of the
Regular Board of Trustees Meeting of July 27, 2004 for the purpose of discussion.
Trustee Aktipis stated there are many areas of the minutes that do not accurately reflect
what was discussed as they are extensive. He asked to consult with the Village Clerk for
further discussion. It was a consensus of the Board to remove the first motion of approval
of the minutes.
Motion by Trustee Aktipis, seconded by Trustee Korin, to postpone the approval of the
Minutes of the July 27, 2004 Regular Board of Trustees meeting until the minutes are
revised. VOICE VOTE: Motion carried.
6 CONSENT AGENDA:
Trustee Aktipis asked that Agenda Item 6., C. Community Development Referrals, 2) 970
Pauly LLC — CF 2020 Swift LLC — 2020 Swift Drive — Variation — Front Yard Parking
Regulations be removed from the Consent Agenda for further discussion
Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes Page 17 of 29 August 10, 2004
Z4-
6 Ayes. 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis
Nays 0 - None.
Absent- 1 - Trustee Caleel. Motion carried.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING AUGUST 6, 2004 - $470,112.52
Significant Items included in Above:
1) James J. Benes & Associates —Payout #12 — 2004 Paving Project -- $13,427 90
2) Dominic Fiordirosa Construction — Payout #6 and Final — 2003 Water Main and
Drainage Project - $916.90
3) James D. Fiala Paving — Payout #4 — 2004 Paving Project -- $150,625.83
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JULY 31, 2004 -
$681,581.88
C COMMUNITY DEVELOPMENT REFERRALS
1) Bhargava/Agrawal 722 Forest Glen Lane — Variation Rear Yard Setback
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS - None
E. REQUEST FOR RELEASE OF FUNDS — OAK BROOK HOTEL, CONVENTION
AND VISITORS COMMITTEE
F. ORDINANCE 2004 -PP -S -1079 AN ORDINANCE AUTHORIZING THE-
BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE
VILLAGE OF OAK BROOK
G. ORDINANCE 2004- ZO -V -S -1080 AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF SECTION 13 -6C -3F (1) AND (2) OF TITLE 13
( "ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK
REQUIREMENTS -- CHOU — 301 ASHLEY COURT
7 ITEMS REMOVED FROM CONSENT AGENDA:
6. C. 2)
970 PAULY LLC — CF 2020 SWIFT LLC — 2020 SWIFT DRIVE — VARIATION —
FRONT YARD PARKING REGULATIONS
Trustee Aktipis asked that a meeting be held with staff and the applicant as there are
some issues to be clarified before it is presented to the Village Board for approval.
VILLAGE OF OAK BROOK Minutes Page 18 of 29 August 10, 2004
7. 6 `C. 2)
Motion by Trustee Aktipis, seconded by Trustee Korin, that this Agenda Item be
postponed to the next regular Village Board meeting. VOICE VOTE: Motion carried.
BOARD & COMMISSION RECOMMENDATIONS:
A. MCDONALD' S CORPORATION — RESUBDIVISION #2 — FINAL PLAT
The McDonald's Corporation, the owner of the 9 588 acre Plaza II Block located at
the northeast corner of Spring Road and 22nd Street has submitted an application
seeking approval of a final plat of resubdivision into two lots.
At the present time, the subject property is divided into three separate parcels
New lot 1, located at the corner of Spring Road and 22nd would encompass 1 60,707
sq.ft. (3.69 acres) and would be improved with a McDonald's restaurant and McCafe
The remaining portion of the subject property would be lot 2, an L- shaped parcel
containing 256,937 sq.ft. (5.898 acres) and would be improved with off - street parking
facilities and a stormwater management facility. It is anticipated that the new parking
constructed on lot 2 would be primarily used by occupants of the McDonald's World
Headquarters located directly east of the subject property.
The applicant has also requested a variation to Section 14- 6 -3(K) of the Subdivision
Regulations which requires easements be provided along the side and rear lot lines of
all new lots.
The Plan Commission, by a vote of 7 to 0, recommended approval of the proposed
final plat of subdivision and variation subject to the following findings and conditions:
I. The 9.588 acre subject property is presently subdivided into three parcels.
2. The subject property is presently under the single ownership of the McDonald's
Corporation.
3 The proposed two -lot subdivision will accommodate two parcels: Lot 1 for a
10,500 sq.ft. McDonald's restaurant and McCafe and Lot 2, dedicated entirely for
off - street parking and stormwater management facilities.
4. The proposed design of Lot 2 can accommodate additional development consistent
with the ORA -2 District standards when market conditions can support that type
redevelopment effort.
5. The proposed variation to Section 14- 6 -3(K) of the Subdivision Regulations has
been deemed to be a reasonable request and that the existing easements shown
along the perimeter of the Plaza II Block are adequate to serve the subject property
and that no additional easements are needed
VILLAGE OF OAK BROOK Minutes Page 19 of 29 August 10, 2004
S
8. A 6 The location of the proposed sidewalk along the 22"d Street is being evaluated by
Staff to determine the most appropriate location.
7 That all comments and technical issues raised in Village Engineer Durfey's June
11, 2004 memorandum be addressed including a written sign -off from IDOT.
8. Approving the proposed right -in, right -out access on 22 "d Street.
In making this recommendation, the Plan Commission found that the applicant has
addressed all applicable standards required for a final plat of subdivision.
President Quinlan recessed the meeting at 9:25 p.m. The meeting was called to order by
President Quinlan at 9 40 p.m
Agenda Items 8. A., B. and C were discussed at this time:
John Lawlor, Sonnenschein, Nath & Rosenthal, LLP, addressed the Board introducing the
following McDonald's representatives who discussed the concepts of McDonald's
proposed project: Joseph Endress, Vice President of Facilities /Systems; Libby Ertel -
Fisher, Project Manager for the Greater Chicago Region, Tony Pagliuca, Lead Architect
McDonald's Worldwide Development, Luay Aboona, Traffic Engineer, KLOA, Inc and
Greg Semos, McDonald's Real Estate Development Director for Greater Chicago Region.
Trustee Aktipis commented on the parking northeast side of plan. He requested that the
number of parking positions is too close to the street and asked that it be modified to a 50'
set back from Commerce Drive. Mr. Lawlor explained that they tried to be consistent
with setback requirements of the Village Code which are substantial. The subdivided lots
are honoring the 50' setback along Spring Road and the 100' setback on 22 'd Street and a
50' building setback along McDonald's Drive and a 20' setback along the rear of the
building. They are treating Commerce Drive as the rear of the site. Trustee Aktipis
understands the challenges of the setback with 22 "d Street, Spring Road and Commerce
Drive to honor the setbacks. He believes Commerce Drive will be a more important street
for the Village in the future and the proper development should be beneficial to
McDonald's as well as the Village.
Trustee Zannis asked for a clarification of the west elevation of the building as it appears
to be stainless steel on the building. Mr. Lawlor indicated that it is aluminum. She asked
if they are redefining the brand. He stated that they are looking at changing the look of
their restaurants as noted in their design concept. Trustee Zannis asked for a point of
comparison of their top ten buildings in the United States as compared to this and the
construction cost per square footage. Mr. Lawlor stated the cost per square foot of their
restaurant will be more expensive than the building in Chicago which was the most
expensive building that McDonald's has built. Trustee Zannis requested that she see other
of their restaurants that they have built for comparison purposes.
VILLAGE OF OAK BROOK Minutes Page 20 of 29 August 10, 2004
aq
8. Continued Discussion of Agenda Items 8. A., B. and C.
President Quinlan stated that this flagship would be part of their 50th anniversary
celebration of McDonald's worldwide.
Trustee Korin noted the Village has made a zoning change for screening of loading areas.
She asked for verification of their screening. Ms. Ertel- Fisher explained there will be a
masonry construction to match the building. It will be landscaped around the entire
enclosure and will not be seen by the public Trustee Korin also asked if less parking is
being requested. Mr. Lawlor explained under Village Code it requires a ratio of one
parking space for every 66 1/2 square feet for parking purposes. They are seeking the same
ratio to any other applicable restaurant which is one space per hundred square feet as this
was based on a measure of transactional volume of other restaurants. He explained that a
large number of foot traffic is expected during lunch time rather than parking and they
believe that it is adequate. Trustee Korin noted the traffic level of service is classified in
the worst category. The traffic engineer from KLOA explained their analysis listed a low
level of service at Spring Road and 22nd Street during lunch time. The level of E service
is located at the intersection of 22nd Street and Spring Road at the morning peak hour
based on their ultimate projections for the site including the potential of office
development in the future. Trustee Korin commented of adding a center median
landscaping on the turning entrances from 22nd Street and the entrance from Commerce
Drive. Community Development Director Kallien stated for clarification that it literally
was looking at the opportunity to widen the entrance to almost a boulevard effect for a
limited period of space. Trustee Korin explained in the 100' setback they would have that
boulevard effect as the Village is coordinating such a design. They will be happy to work
with our staff but they have safety concerns that traffic would be able to get in and out of
the site safely. Ms. Ertel- Fisher noted the landscaping is massed on the side of the road
rather than the median.
Trustee Korin asked if they would consider flip flopping the building and having the
landscaping in the front. Mr. Semos explained that the location of building was important
to highlight the flagship of the facility rather than economically driven as there were also
concerns of stormwater detention
Trustee Korin noted his comment of an urban setting of keeping the materials natural to
the building He explained that the urban concept of creating a larger sized development.
Ms. Ertel- Fisher explained that there is landscaping in front of the building as there aren't
large expanses of the material that will be seen The aluminum is more of an accent
element Trustee Korin also commented of the materials chosen for the patio with the
large umbrella structures and that it did not compare with the McDonald's campus and
The Lodge patio. Trustee Korin then addressed signage which is 8 ft. off the ground as
required by Village Code and illustrated on page 8 4 of their architectural booklet
Community Development Director Kallien stated that the signage on the building meets
Village Code requirements.
VILLAGE OF OAK BROOK Minutes Page 21 of 29 August 10, 2004
8 Continued Discussion of Agenda Items 8., A., B. and C.
Trustee Zannis asked if they had a three dimension design of this building. They have in
development a preliminary of a three dimension design. She asked if they could review
this further with a three dimensional design of their building. Mr Pagliuca stated it is
very expensive and more development needs to be approved. Trustee Zannis reiterated
that the Board has requested consideration of 50' setbacks in the rear of the building,
comparative analysis, medians, boulevards and issues on signage and asked if
McDonald's is willing to address any of those issues before the Board takes a vote. Mr.
Lawlor responded that McDonald's will do what is necessary for the project They have
addressed the setbacks, the graphics can be reduced by 50% without damaging anything
through their drive through area as they were trying to make it more interesting and
worthwhile experience and the signage is modest by most standards. Trustee Zannis
asked McDonald's to consider having a few Trustees, the Community Development
Director meet with McDonald's staff to address the boulevard issue. He indicated they
have worked with staff if there is concern of signage to define it and if a concern of
landscaping to discuss it and asked the Board of Trustees to consider moving forward
with approval for their April 15, 2005 target date as it is a very ambitious project.
William Lindeman, stated to the Board that it is unfair to McDonald's Corporation that a
vote be taken on a development. The backyard setback has minimal setback requirements
and stated there are adequate questions by the Board that should be reviewed further. He
asked that residents should be given time to speak on this issue. President Quinlan stated
that public hearings were held at the Plan Commission and Zoning Board of Appeals
meetings.
President Quinlan asked for a point of order. He stated he is seeking a motion to approve
as written in the Agenda Items 8 A.,B.,C as it relates to the McDonald's Corporation. He
explained that Attorney Kubiesa has indicated that this agenda item may not be enacted in
one motion but separately.
Trustee Aktipis suggested that McDonald's begin moving on the project of excavation but
continue this matter until some details have been discussed by Village staff and
McDonald's Corporation
Attorney Kubiesa suggested that the motion would be to approve the concept of the
McDonald's proposal and authorize the Village Attorney to prepare the necessary
documentation for the next Village Board meeting. This would allow McDonald's to
proceed with their project. Community Development Kallien requested that McDonald's
have an example of the materials would have been helpful and that the Board identify the
points of discussion now.
Community Development Kallien stated there is a setback issue that he feels a
compromise could be made to adjust the setback and eliminate a little parking, issue of the
VILLAGE OF OAK BROOK Minutes Page 22 of 29 August 10, 2004
Lr
8. Continued Discussion of Agenda Items 8., A., B. and C.
boulevard. The identification of the rear yard setback is up for interpretation and how you
read the ordinance and apply it to McDonald's unique site. Frontage occurs on four
streets and he suggested modification of eliminating 11 spaces in the corner area. Trustee
Aktipis asked how McDonald's Corporation representatives feel about the compromise.
Mr. Lawlor stated McDonald's would like to identify who they would work with to
resolve this issue on the boulevards and the elimination of eleven parking spaces.
Trustees Aktipis, Zannis and Korin stated they would meet with the McDonald's
representatives. Community Development Director Kallien offered that there are a
number of things that could be done on the site pavement immediately such as
landscaping removal and demolition of a building
Trusteee Korin asked if the Board could approve the project with a list of things to be
resolved with a date.
Attorney Kubiesa stated the special use could include additions or changes but final plat
cannot be changed. The Trustees will work with McDonald's on this project
immediately.
Trustee Korin articulated her concern of aluminum material on expanse of the building,
use of outdoor furniture, umbrellas and the use of something more natural. McDonald's
will continue their permits and drawings.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the Plan
Commission recommendation to approve the Final Plat for the McDonald's Spring
Road Subdivision No. 2 and authorize the Village Attorney to draft the necessary
resolution for final consideration at the August 24, 2004 Board of Trustees meeting
VOICE VOTE: Motion carried.
B. MCDONALD' S CORPORATION — TEXT AMENDMENTS TO THE ZONING
0P TITN A NC 'P
The McDonald's Corporation, the owner of the 9.588 acre Plaza II Block located at
the northeast corner of Spring Road and 22"d Street has submitted petitions seeking
approval of various text amendments to the Zoning Ordinance in order to construct a
10,512 square foot McDonald's restaurant and McCafe on the 3.69 acres located at the
northeast corner of Spring Road and 22'd Street.
The site is zoned ORA -2, Office - Research - Assembly District, and allows all permitted
uses in the B -2 District, including restaurants. However, for the proposed restaurant,
the requested text amendments are necessary in order to facilitate construction.
VILLAGE OF OAK BROOK Minutes Page 23 of 29 August 10, 2004
In
8 B. The Plan Commission at its meeting on June 21, 2004, voted 7 to 0, and the Zoning
Board of Appeals at its meeting on June 29, 2004 (originally scheduled for July 6,
2004) voted 5 to 0 to recommend approval of the proposed text amendments as
requested and amended
A. The specific amendments which were recommended for approval as requested
include:
1 Section 13 -1OB -2
2. Section 13 -1OB -2
3. Section 13 -10 -2
4 Section 13- 1O13-3CL
5. Section 13- 1OB -3C2
6. Section 13- 1O13-30.
8. Section 13 -12 -5
9. Section 13- 12 -3.13.
10. Section 13-1013-1
B. The specific amendments which were recommended for approval as revised
include in their entirety:
Section 13 -11 -11 A2 amend text — For a building containing less than one hundred
thousand (100,000) square feet, the gross surface area in square feet of all signs for
each building on a lot shall not exceed one hundred (100) square feet, providing that
the maximum gross surface area in square feet of all non - directory signs for each
restaurant building on a lot located in an ORA2 zoning district shall not exceed four
hundred (400) square feet subject to the condition that wall signs shall not exceed one
hundred ten (1 10) square feet, ground signs shall not exceed one hundred forty (I 49)
square feet and signs accessory to a drive -in establishment for restaurants approved as
a special use shall not exceed one hundred fifty (150) square feet. For buildings in
excess of one hundred thousand (100,000) square feet, the allowable sign area
permitted shall be computed on a basis of one square foot of sign area for each one
thousand (1,000) square feet of gross floor area of each principal building on a zoning
lot with a maximum sign for all signs not to exceed two hundred forty (240) square
feet Gross sign area shall be applied to each building and shall not be cumulative. No
sign shall be erected above the height of the principal structure, excluding any
penthouse or roof structure as described in section 13 -3 -8 of this title, or thirty five
feet (35') above grade, whichever is less.
12. Section 13 -11 -11 A3 amend text — One ground sign shall be permitted for each
principal building on a lot, except that on a corner or through lot, a sign may be
erected along each street frontage. A ground sign may not exceed eight feet (8') in
height, be not closer than ten feet (10') from any lot line, be not closer than three feet
(3') from a driveway or parking area, and shall have a gross surface area of not more
than two - thirds (2/3) of the maximum allowable sign area permitted for any one
building on a lot. This sign area shall be deducted from the gross surface area of signs
VILLAGE OF OAK BROOK Minutes Page 24 of 29 August 10, 2004
8. B. , allowed in subsection A2 of this section either collectively or individually provided,
however, that the sign area of permitted ground signs for restaurant uses in ORA2
zoning districts (but in any event not to exceed one hundred forty (140) square feet of
such ground sign area) and shall not be deducted from the gross surface area of signs
allowed in Section 13 -11 -11 A (2) of this Chapter either collectively or individually
The maximum amount of ground signage on a lot shall not exceed one hundred sixty
(160) square feet.
C. Text amendment number 7 — Section 13- 12 -3H2 was found to be unnecessary by
both the Zoning Board of Appeals and the applicant to accommodate the planned
improvements on the subject property
In making these recommendations, the Zoning Board of Appeals also found that:
1. The text amendments as submitted are deemed reasonable and provide the
framework for the planned improvements, and
2. The petitioner has satisfactorily addressed the factors for each text amendment on
pages I through I.18 in the case file as required to recommend approval of the
requested amendments.
Staff Comments:
With regards to the requested text amendments, Staff offers the following comments-
The proposed amendment to Section 13 -11 -11 A2 which would increase the maximum
amount of signage is limited to restaurant uses in the ORA -2 District, which is
currently the zoning for a limited area of the Village
The proposed amendments to Section 13- 1013-3C2 and 13- 1013-3C3 would allow
parking on Lot 2 (L- shaped parcel) to be located with the required yard, approximately
24 -ft. from the right -of -way of Commerce Drive. As a result, the proposed parking
facilities on the west side of McDonald's Drive would align with the existing parking
facilities on the east side of McDonald's Drive, both of which are under the ownership
of the McDonald's Corporation.
None of the proposed text amendments would appear to either prohibit or hinder the
future redevelopment of Lot 2 (L- shaped parcel).
To support the applicant's requests for text amendments, the "Text Amendments
Booklet" was submitted which contains detailed plans for the development of the
subject property. As such, it is recommended that this document be a referenced
attachment in the final ordinance which ultimately controls the physical development
of the property.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested text amendments to Section 13 -10 -2, 13- 1013-1, 13- 1013-2, 13-
1013-3C1, 13 -1013-3C2, 13 -1013-30, 13 -11 -1 1A2, 13 -11 -1 1A33 13 -12 -313, and 13-12 -
VILLAGE OF OAK BROOK Minutes Page 25 of 29 August 10, 2004
8. B. 5 of the Zoning Ordinance and authorize the Village Attorney to draft the necessary
ordinance for final consideration at the August 24, 2004 Board of Trustees meeting.
VOICE VOTE: Motion carried
C. MCDONALD' S CORPORATION — SPECIAL USES — DRIVE - THROUGH
FACILITY AND OUTDOOR DINING
The McDonald's Corporation, the owner of the 9.588 acre Plaza II Block located at
the northeast corner of Spring Road and 22nd Street (herein referred to as the subject
property) has submitted petitions seeking approval of two special uses in order to
construct a 10,512 square foot McDonald's restaurant and McCafe on the 3.69 acres
located at the northeast corner of Spring Road and 22'd Street.
The site is zoned ORA -2, Office - Research - Assembly District, and allows all permitted
uses in the B -2 District, including restaurants. However, due to the nature of the
McDonald's proposal, special uses for the drive -thru and an outdoor dining area are
required. A detailed description of these requests is summarized in the following-
1. The applicant is seeking a special use, Section 13 -1OB -2 to permit McDonald's to
incorporate a drive -in establishment (i.e., drive -thru) for their proposed restaurant.
A single drive -thru lane and dual order board will be located along the north and
west sides of the subject property. Stacking is provided for approximately 20
automobiles. This facility is predicated on approval of text amendments to the
Zoning Ordinance.
2. The applicant is seeking a special use, Section 13 -1OB -2 to permit McDonald's to
incorporate a 60 -seat outdoor dining area on the east side of the restaurant. The
patrons using the facility will be protected from - potential conflicts of vehicles in
the parking lot by the construction of a landscaped barrier wall. This facility is
predicated on approval of text amendments to the Zoning Ordinance.
As part of the applicant's special use requests, detailed site plans and renderings have
been submitted (see "Special Uses Booklet" and "Text Amendments Booklet ") and are
hereby considered to be key elements of this project. Since these documents provide
the basis for all planned improvements (including building elevations, landscape plan,
signage, and site amenities and improvements) for the subject property, these
documents become part of the special use requests
The Plan Commission at its meeting on June 21, 2004, voted 7 to 0, and the Zoning
Board of Appeals at its meeting on June 29, 2004 (originally scheduled for July 6,
2004) voted 5 to 0 to recommend approval of the special uses as requested and
amended.
1. The applicant has met the required standards for granting of a special use
2 With regard to the special use for a drive -in establishment — Section 13- 10b -2,
VILLAGE OF OAK BROOK Minutes
Page 26 of 29
August 10, 2004
8. C. development shall be in substantial conformance to the site plans as proposed and
amended in the "Special Use Booklet ".
3. With regard to the special use for the outdoor dining arrangement — Section 13-
lOB -2, development shall be in substantial conformance to the site plan as
amended and subject to the conditions as detailed on page 10.3 of the "Special Use
Booklet ".
4 The Plan Commission recommendations and findings as detailed in the June 24,
2004 letter from Chairwoman Lexi Payovich found on pages 10.a through 10 c of
the case file
5. All other physical improvements planned for the site including the building
elevations, landscaping, signage, pedestrian access, parking lots, lighting and other
site amenities are constructed in substantial conformance to the site plans and
exhibits as amended in the "Special Uses Booklet" and the -"Text Amendments
Booklet." Specific changes to the original plans include:
a. monument sign locations — as revised on pages 9.3.1, 9.5.1 and 10.6.1 of
the "Special Use Booklet ".
b. traffic barriers at front of drive -thru lane — as revised on page 9.4 1, 9 5 1
and 10.6.1 of the "Special Use Booklet ".
C. landscape plans showing additional trees and planting details — as revised
on pages L 1 -L6 of the "Special Use Booklet ".
d. site plan and architectural details — as revised on pages SD 1.0 and SDI. I of
the "Special Use Booklet ".
Staff Comments
With regards to the requested special uses and overall site plan, Staff offers the
following comments:
1. The design and utilization of the proposed outdoor dining area is consistent with
all of the other outdoor dining areas approved early this year (i.e., Cheesecake
Factory Restaurant, Marriott Hotel and Tuscany Restaurant).
2 The proposed drive -thru facility will be extensively screened with a combination
of berms, trees and assorted plantings. As a result, cars within the drive -thru lane
along the west side of the building will be significantly screened from view along
Spring Road.
3 The building elevations for the proposed McDonald's and McCafe are in keeping
with the surrounding office and commercial land uses.
4. The landscape plan for the perimeter areas along 22nd Street, Spring Road,
Commerce Drive and McDonald's Drive significantly exceeds what is required by
Village Code.
VILLAGE OF OAK BROOK Minutes Page 27 of 29 August 10, 2004
N,
8. C. 5. The planned development of Lot 1 (including the special uses) would appear to
neither prohibit nor hinder the future redevelopment of Lot 2 (L- shaped parcel).
6. In the southwest corner of the subject property, the petitioner has identified a
location for a future entryway feature for use by the Village.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested special uses for a drive -in establishment and an outdoor dining
arrangement and authorize the Village Attorney to draft the necessary ordinance for
final consideration at the August 24, 2004 Board of Trustees meeting VOICE VOTE.
Motion carried.
9. UNFINISHED BUSINESS:
A CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) RESOLUTION 2004- BD -CL- MIN -EXI -R -882 A RESOLUTION APPROVING
THE RELEASE OF CLOSED MEETING MINUTES — JANUARY, 2004
THROUGH JUNE, 2004
Effective January 1, 1982 ILSC 120/2.06 required that all public bodies shall
keep written minutes of all their meetings, whether open or closed. The public
body shall periodically, but no less than semi - annually, meet to review minutes of
all closed sessions that had not been released to the public. At this time, it is
recommended that these minutes be released. Upon review of the minutes, it
should be determined and reported in open session whether the need for
confidentiality still exists as to all or parts of those minutes or whether the
minutes no longer require confidential treatment and should be available for
public inspection. The Closed Meeting minutes of January through June, 2004
have been reviewed by Attorney Kubiesa and items still pending and requiring
continued confidential aity have been redacted.
This agenda item was addressed earlier in the agenda
2) ORDINANCE 2004- AP -BD -G -753, "AN ORDINANCE AMENDING TITLE 1
( "ADMINISTRATION "), CHAPTER 5 ( "APPOINTED VILLAGE
OFFICIALS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK TO PROVIDE FOR LIMITS TO TEMPORARY APPOINTMENTS OF
VILLAGE OFFICIALS"
The Village Board at their July 27, 2004 meeting directed the Village Attorney to
draft an ordinance limiting the term of office of temporary appointments made by
VILLAGE OF OAK BROOK Minutes Page 28 of 29 August 10, 2004
a
9. B 2) the Village President to a term of thirty (30) days.
President Quinlan had announced at the beginning of the meeting that it was a
consensus of the Village Board that this Agenda Item be removed at this time.
C. AWARD OF CONTRACTS - None.
11. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT - None.
B VILLAGE MANAGER - None.
C. VILLAGE CLERK -None.
12. ADJOURN TO CLOSED MEETING:
President Quinlan had announced at the beginning of the Board meeting that it was a
consensus of the Board of Trustees that a closed meeting was not necessary at this time.
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.
13. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Zannis, to adjourn the meeting at 11:30
p.m. VOICE VOTE: Motion carried.
ATTEST-
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 29 of 29
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August 10, 2004