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Minutes - 08/12/2003 - Board of TrusteesMINUTES OF THE AUGUST 12, 2003 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 26, 2003. 1. CALL TO ORDER: 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 7:33 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan Chase Korin, Elaine Miologos and Asif Yusuf. ABSENT: None. IN ATTENDANCE: Richard B. Boehm, Village Manager; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director and Bonnie Sartore, Bath & Tennis Club Manager 3. ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE Trustee Aktipis voiced his concern of weeds located in the Route 83 median between 16th and 22 °a Streets and asked that staff contact the appropriate agency to remove the weeds or permit the Public Works Department to do so even though the roadways are under the jurisdiction of State of Illinois or DuPage County. Manager Boehm stated Village staff will contact the State and County to see if they would address the problem and if not staff will request permission to address this issue. Trustee Caleel noted that resident Jerome Kotchka had sent him a letter voicing his concern of the soccer field entrance. Manager Boehm stated he has discussed the issues with Mr. Kotchka. President Quinlan stated that Agenda Item 8.C.2), Realtor Services — Lots 1 & 2 Sports Core /Westchester Park is being removed from this evening's agenda as this matter will be discussed at a future date. VILLAGE OF OAK BROOK Minutes Page 1 of 11 August 12, 2003 3. President Quinlan announced that Village Clerk Gonnella has qualified for first level of membership in the International Institute of Municipal Clerks Master Municipal Clerk Academy. The purpose of the IIMC Master Municipal Clerk Academy is to provide professional and educational opportunities for municipal clerks to extend beyond their present levels of development and to enhance their skills to meet the challenges of the office of municipal clerk. He congratulated her for efforts to enhance the clerk's office and its duties. 4. APPROVAL OF MINUTES: MINUTES Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Minutes of the Special Board of Trustees Meeting of July 22, 2003 at 7:00 p.m. as presented and waive the full reading thereof. VOICE VOTE: Motion carried. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to approve the Minutes of the Regular Board of Trustees Meeting of July 22, 2003 at 7:30 p.m. as presented and waive the full reading thereof. VOICE VOTE: Motion carried. CONSENT AGENDA: c. AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Caleel, seconded by Trustee Yusuf, to approve the Consent Agenda as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf Nays: 0 - None. Absent: 0 - None. Motion carried. A. APPROVAL OF BILLS - $402,058.79 APVL of BILLS - $402,05a.79 Significant items included above: 1) Harbour Contractors, Inc. — Payout #29 — Municipal Complex Project - $11,065.32 2) Ace World Wide Moving and Storage — Final Payout — Municipal Complex Project - $8,375.50 3) J & R Number One in Asphalt, Inc. — Payout #6 and Final — Municipal Complex Project - $20,797.36 B. APPROVAL OF PAYROLL: APVL of PYRL 1) PAY PERIOD ENDING JULY 19, 2003 - $600,114.13 7 -19 -03 - $600,114.13 2) PAY PERIOD ENDING AUGUST 2, 2003 - $701,714.59 8-02 -03 - $701,714.59 VILLAGE OF OAK BROOK Minutes Page 2 of 11 August 12, 2003 a r" B. 3) POLICE BARGAINING UNIT RETRO PAYMENT - $185,572.59 PD RETRO PAY - $185,572.59 C. CHANGE ORDERS: None. CHNGE ORDRS D. REFERRALS: REFERRALS 1) UNITED FINANCIAL MORTGAGE CORPORATION — 815 UNTD FIN MTG ls COMMERCE — SIGN VARIATION REFER TO THE ZONING coCOMMERP -sRCE SIGN BOARD OF APPEALS FOR THEIR MEETING OF SEPTEMBER 2. VARIATION 2003 2) PALUMBO SUBDIVISION — 407 AND 409 FOX TRAIL LANE — PALUMBO SUBDIV - 407 & 409 FOX PLAT OF RESUBDIVISION REFER TO THE PLAN COMMISSION TRL LN - PLT OF FOR THEIR MEETING OF AUGUST 18, 2003 RESUB E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE SK BDS, PROPS OR CONTRACTS: NEG CNTRCTS 1) BREATHING AIR COMPRESSOR BRTHNG AIR COMP F. APPROVAL OF REQUEST FOR RELEASE OF FUNDS — OAK BROOK RLS OF ENDS - OB HTL, CONV & VIS HOTEL CONVENTION AND VISITORS COMMITTEE — 20% OF THE CTE - 2ND QTR 2003 2003 SECOND QUARTER HOTEL TAX RECEIPTS TO THE DUPAGE - $14,498.87 CONVENTION & VISITORS BUREAU IN THE AMOUNT OF $14,498.87 G. ORDINANCE 2003 -PP -S -1046, "AN ORDINANCE AUTHORIZING THE ORD 03-PP-S- 1046 - AUTH SL BY PUB SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY AUCT PRPTY - THE VILLAGE OF OAK BROOK" — SURPLUS VEHICLES SRPLS VEHICLES H. ORDINANCE 2003 -PP -S -1047, "AN ORDINANCE AUTHORIZING THE ORD 03 -PP -S -1047 - AUTH SLE OF SALE OF CERTAIN PERSONAL PROPERTY OWNED BY THE PRPTY SRPLS VILLAGE OF OAK BROOK" — SURPLUS COMPUTER EQUIPMENT CMPTR EQUIP ITEMS REMOVED FROM CONSENT AGENDA: None. RMVD C AGNDA BOARD & COMMISSION RECOMMENDATIONS: BD /COMM RECOM A. HAWKS SOCCER CLUB — SPECIAL USE — TITLE 13 OF THE HWKS SOCR CLB - SPEC USE - TTLE 13 VILLAGE CODE — ZONING ORDINANCE — CHAPTER 1 OA -2 — -ZNG ORD - CHAPT RECREATIONAL ACTIVITIES — TO ALLOW THE PROPERTY IOA -2 - RECRTNL Al- TIVTIES - SW LOCATED AT THE SOUTHWEST CORNER OF KENSINGTON ROAD CRNER KENSiJOR1E AND JORIE BLVD. TO BE USED AS A SOCCER FIELD - USE AS SOCK FLD & ORD 03- ZO -SU -EX 1- VILLAGE OF OAK BROOK Minutes Page 3 of 11 August 12, 2003 7. A. Plan Commission and Zoning Board of Appeals Recommendation - Special Hwxs'so SPEC USE c B Use - The Plan Commission by a vote of 5 to 0 with one abstention and the Zoning Board of Appeals by a vote of 5 to 0, have recommended approval of the request from the Hawks Soccer Club for a special use (with allowances) to permit the utilization of the Autumn Oaks property for soccer fields and related site improvements. McDonald's Corporation, the owners of the property have granted approval of this request through a license agreement with the Hawks Soccer Club. Specific conditions attached to this recommendation include: • The development shall be in substantial conformance with the plans as submitted. • Address the comments contained in Village Engineer Durfey's memorandum dated July 11 and July 17, 2003 regarding site improvement issues. • The provision to use off -site parking lots for overflow parking requires the approval of the owner of the off -site parking lot. • Any future signage for the site must meet the provisions of Chapter 11 — Sign Regulations in the Zoning Ordinance. • The proposed use and planned activities on the property should be in accordance to the hours of operation identified by the applicant. • No lighting or amplification is allowed on the site. In making this recommendation, the Zoning Board of Appeals concurred with the Plan Commission finding that the petitioner has satisfactorily addressed the applicable factors for approval of a special use Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the recommendation of the Plan Commission and the Zoning Board of Appeals and approve the special use subject to specific conditions. Attorney Martens indicated that the motion could also include the approval of the ordinance that has been placed later on the agenda. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the recommendation of the Plan Commission and the Zoning Board of Appeals and approve Ordinance 2003- ZO- SU -EXI -S -1050, "An Ordinance Granting A Special Use Relative To Hawks Soccer Club." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 4 of 11 August 12, 2003 011 A. Trustee Miologos commended McDonald's Corporation for their interest in community organizations. President Quinlan recognized Joseph Endress, Vice President, Facilities and Systems of McDonald's Corporation for their corporate contributions to the Village of Oak Brook and its residents. B. SUE BOON SUBDIVISION — RECONFIGURATION OF DETENTION SUE BOON SUBDIV BASIN - RECONFG DETEN BASIN Plan Commission Recommendation - The Plan Commission by a vote of 6 to 0, recommended approval of a request from Mr. Nickolas Castaldo, the owner of Lot 1 in the Sue Boon Subdivision to alter the configuration of the detention facility for the property. The requested change is necessary to accommodate a significantly larger home than was first anticipated thus changing the basin from a dry to wet bottom facility. Specific conditions attached to this recommendation include: The proposed perimeter fence be indicated on the drawings. The applicant submit a to scale rendering of the proposed wall elevation, showing wall materials and surrounding landscaping. Final engineering approval. In making this recommendation, the Plan Commission found that the applicant's request was reasonable and would not negatively impact the neighboring properties. Motion by Trustee Aktipis, seconded by Trustee Korin, to concur with the recommendation of the Plan Commission. VOICE VOTE: Motion carried. 8. ACTIVE AGENDA (Items for Final Actions ACTIVE AGENDA A. CONFIRMATION OF APPOINTMENTS: CNFRM APPTS 1) PLAN COMMISSION PLN COMM President Quinlan recommended the re- appointment of Barbara A. (Lexi) Payovich as Chairwoman of the Plan Commission, with a three - year term expiring May, 2006. Motion by Trustee Caleel, seconded by Trustee Aktipis, to confirm the re- appointment of Barbara A. (Lexi) Payovich as Chairwoman of the Plan Commission, with a three -year term expiring May, 2006. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 5 of 11 August 12, 2003 A, 8. A. 2) LIBRARY COMMISSION LIB COMM President Quinlan recommended the appointment of Lucia Sutton to the Library Commission, to fill the vacancy left with the recent resignation of Anthony Ingrisano, for a three -year term expiring May, 2006. Motion by Trustee Aktipis, seconded by Trustee Caleel, to confirm the appointment of Lucia Sutton to the Library Commission, to fill the vacancy left with the recent resignation of Anthony Ingrisano, for a three -year term expiring May, 2006. ROLL CALL VOTE. Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) VILLAGE ATTORNEY VILGE ATNY President Quinlan recommended the appointment of Kenneth T. Kubiesa of the firm of Kubiesa, Spiroff, Gosselar, Acker & Kern as the Village Attorney. Motion by Trustee Craig, seconded by Trustee Yusuf, to confirm the appointment of Kenneth T. Kubiesa of the firm of Kubiesa, Spiroff, Gosselar, Acker & Kern as the Village Attorney. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusu£ Nays: 0 - None. Absent: 0 - None. Motion carried President Quinlan announced that the Village would be budget neutral with attorney fees and that there may even be a savings with the hiring of the new law firm to represent the Village of Oak Brook. A contract for professional services will be brought forward for approval that will also contain the names of Harlan J. Spiroff as Assistant Village Attorney and Joan E. Mullins as Village Prosecutor. B. ORDINANCES & RESOLUTIONS: ORD/RES 1) RESOLUTION 2003 AP -R -854. "A RESOLUTION OF RES 03 AP- R -854, APPRECIATION — ANTHONY INGRISANO" RES H APPRCTN ANTHONY INGRISANO Motion by Trustee Caleel, seconded by Trustee Korin, to pass Resolution 2003 AP -R -854, "A Resolution of Appreciation to Anthony G. Ingrisano who has faithfully and with dedication and distinction served the Village of Oak Brook. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 6 of 11 August 12, 2003 e B. 1) Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried 2) RESOLUTION 2003 AP -R -855 "A RESOLUTION OF RES 03 -AP -R -855 - APPRECIATION — WILLIAM WALSH" RES OF APPRCTN - WILLIAM WALSH Motion by Trustee Craig, seconded by Trustee Yusuf, to pass Resolution 2003 AP -R -855, "A Resolution of Appreciation for William D. Walsh" who has faithfully and with dedication and distinction served his country and the State of Illinois. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried President Quinlan recognized Police Sgt. Jason Cates and Officer John Jacobs for their participation in the Walsh memorial services. President Quinlan announced that an official plaque will be given to the Walsh family. 3) ORDINANCE 2003- TC -RR -G -727 "AN ORDINANCE AMENDING SCHEDULE VII ( "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS ") OF SECTION 7 -2 -1 ( "TRAFFIC SCHEDULES ") OF TITLE 7 ( "MOTOR VEHICLES AND TRAFFIC "), OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK." Pursuant to Board direction, the ordinance prepared prohibits parking on Canterberry Lane where "no parking" signs are posted. Motion by Trustee Yusuf, seconded by Trustee Korin, to approve Ordinance 2003- TC -RR -G- 727, "An Ordinance Amending Schedule VII ( "Parking Prohibited At All Times on Certain Streets ") of Section 7- 2-1 ( "Traffic Schedules ") of Title 7 ( "Motor Vehicles And Traffic "), of the Village Code of the Village of Oak Brook." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 4) ORDINANCE 2003- ZO -V -S -1048. "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13- 6C -3F(1) AND 13- 6C -3F(3) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND REAR YARD SETBACK REQUIREMENTS." — SIDDIQI — 1715 YORK ROAD VILLAGE OF OAK BROOK Minutes Page 7 of 11 August 12, 2003 N, ORD 03- TC -RR -G- 727 -AMEND SCHDLE VII PRKG PROHIB k- AN LN ORD 03- ZO -V -S -1048 - VAR ZNG REG - FRNT & REAR YRD SETBACK- 1715 YK RD g. B. 4) Pursuant to Board direction, the ordinance grants front and rear setback variations with conditions to allow construction of a single - family home at 1715 York Road. Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve Ordinance 2003- ZO -V -S -1048, "An Ordinance Granting a Variation From the Provisions of Sections 13- 6C -3F(l) and 13- 6C -3F(3) of Title 13 ( "Zoning Regulations ") of the Village Code of the Village of Oak Brook Relative to Front and Rear Yard Setback Requirements." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf Nays: 0 - None. Absent: 0 - None. Motion carried. 5) ORDINANCE 2003- ZO -V -S -1049 "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 6C -3F(1) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT YARD SETBACK REQUIREMENTS." — BARATH — 3 HAMPTON DRIVE Pursuant to Board direction the ordinance grants a front yard setback variation to allow construction of a room addition which follows the existing building setback at 3 Hampton Drive. Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve Ordinance 2003- ZO -V -S -1049, "An Ordinance Granting A Variation From The Provisions of Section 13- 6C -3F(l) of Title 13 ( "Zoning Regulations ") of the Village Code of the Village of Oak Brook Relative to Front Yard Setback Requirements." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. ORD 03- ZO -V -S -1049 - VAR ZNG REG FRNT YRD SETBACK - 3 HAMPTON DR 6) ORDINANCE 2003- ZO -TA -G -728 "AN ORDINANCE AMENDING ORD 03- ZO -TA -G- SECTION 13 -3 -6B ( "ACCESSORY USES AND STRUCTURES; SECTION 13 3 -6B PERMITTED IN REQUIRED YARDS ") OF TITLE 13 ( "ZONING TITLE 13 - FENCE REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF STNDRDS. OAK BROOK RELATIVE TO FENCE STANDARDS " Pursuant to Board direction the ordinance amends the text of the zoning ordinance to prohibit chain link fencing except in limited circumstances. VILLAGE OF OAK BROOK Minutes Page 8 of 11 August 12, 2003 a B. 6) Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve Ordinance 2003- ZO -TA -G -728, "An Ordinance Amending Section 13- 3-6B ( "Accessory Uses and Structures; Permitted in Required Yards ") of Title 13 ( "Zoning Regulations ") of the Village Code of the Village of Oak Brook Relative to Fence Standards." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 7) ORDINANCE 2003- ZO- SU -EXI -S -1050, "AN ORDINANCE ORD03-ZO-SU-EXI- 5 -1050, SPEC USE GRANTING A SPECIAL USE RELATIVE TO HAWKS SOCCER HW"KS SCR CLB CLUB." — 1315 -1425 KENSINGTON ROAD The ordinance grants a special use pursuant to the Hawks Soccer Club's request for soccer fields at Kensington Road and Jorie Boulevard. This agenda item was approved under Agenda Item 7.A. C. AWARD OF CONTRACTS: AWARD CT 1) 2004 PAVING PROJECT — ENGINEERING SERVICES 04 PVG PROD -- ENG SERV At the Village Board meeting of June 24, 2003, the Board authorized staff to negotiate a contract with James J. Benes & Associates, Inc. for Professional Engineering Services for the 2004 Paving Project. Staff has been working with the consultant and the contract is a culmination of those efforts. This agreement has been reviewed by Village Attorney Martens and Purchasing Director Kapff and found to be acceptable as to form. Motion by Trustee Miologos, seconded by Trustee Korin, that the Village Board approve an agreement with James J. Benes & Associates, Inc. for Professional Engineering Services regarding this project in the not -to- exceed amount of $125,155.00. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 9 of 11 August 12, 2003 8. C. 2) REALTOR SERVICES — LOTS 1 & 2 SPORTS REALTR SERV - CORE /WESTCHESTER PARK cwwsCHSTR PK Per the Board's direction at its Closed meeting of July 8, 2003, a Request for Proposals for Realtor Services for the sale of Lots 1 and 2 in the Sports Core /Westchester Park Subdivision was prepared and sent to local realtors. The date for submitting the REP was Monday, August 11, 2003 by 5:00 p.m. President Quinlan announced earlier in the meeting that this agenda item had been removed from the agenda at this time. D. DISCUSSION — TEXT AMENDMENT — TITLE 4 OF THE VILLAGE TxTAMND -TTLE 4 - SEC 4 -3 -9 - STRG CODE — REVISION TO SECTION 4 -3 -9 STORAGE OF REFUSE of REESE Section 4 -3 -9 of the Village Code establishes timeframes for the placement and removal of trash containers on private property. At the present time, no person may place such a container for pickup prior to six o'clock p.m. on the day prior to any scheduled pickup. After pickup, all such containers must be removed from public view after collection no later than six o'clock a.m. the day following such collection. President Quinlan has received several requests from Village residents to change these requirements and permit the placement of waste containers no earlier than 12 noon on the day prior to any scheduled pickup. Trustee Korin stated she did not concur with this recommendation as residents having social gatherings on Sunday would find it not very esthetic to view refuse along our streets. Trustee Yusuf stated that this would allow flexibility for some of our residents who have requested this change. Trustee Miologos felt that changing the hours for a specific problem of a resident was not appropriate. Trustee Aktipis agreed that he did not believe that this properly addresses the problem of some residents placing garbage curbside earlier than allowed by our regulations. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the text amendment and authorize the Village Attorney to draft the necessary ordinance for consideration at the August 26, 2003 meeting. VOICE VOTE: Motion failed. 4 Nays, 2 Ayes VILLAGE OF OAK BROOK Minutes Page 10 of 11 August 12, 2003 "LIFO 9. INFORMATION & UPDATES: INFO & UPDATES 10 A. VILLAGE PRESIDENT: President Quinlan stated that Trustee Craig would like to announce the names of the Oak Brook children who have been recognized this summer for their efforts in the Oak Brook Bath & Tennis Club's tennis, dive and swim programs. Trustee Craig announced all of the winners of these programs. Sarah Marek received the Paul Butler Award for swimming and Amanda Cowell received the Paul Butler Award for tennis. Trustee Craig thanked Bath & Tennis Club Manager Sartore and her staff for the excellent programs offered at the Bath & Tennis Club. B. VILLAGE MANAGER: No report was given. C. VILLAGE CLERK: Clerk Gonnella thanked the Village of Oak Brook for allowing her to participate in the International Institute of Municipal Clerks seminars in Illinois and the international conference which allows her to improve her municipal clerk skills and the public service programs that her staff offers to the public. ADJOURNMENT: Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at 8:26 p.m. VOICE VOTE: Motion carried. ATTEST: Linda k. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 11 of 11 August 12, 2003 L�- VLLG PRES VLLG MGR VLLG CLK ADJRN