Minutes - 08/14/2007 - Board of Trustees2.
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MINUTES OF THE AUGUST 14, 2007 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
SEPTEMBER 25, 2007.
CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m.
The Pledge of Allegiance was given.
ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy,
Kathryn F. Manofsky, Robert G. Sanford and Gerald Wolin.
ABSENT: Trustee Moin Saiyed.
IN ATTENDANCE: David Niemeyer, Acting Village Manager; Peter Friedman, Acting
Village Attorney; James Bodony, Fire Chief; Dale L. Durfey, Jr., Village
Engineer; Robert L. Kallien, Jr., Director of Community Development;
Bruce F. Kapff, Director of Information Services & Purchasing; Margaret
Klinkow Hartmann, Library Director; Michael J. Meranda, Public Works
Director; Nelson Patras, Bath & Tennis Club Operations Manager and
Thomas Sheahan, Chief of Police
PRESIDENT'S OPENING COMMENTS
President Craig welcomed David Niemeyer as Village Manager. -He added that Mr.
Niemeyer's contract is being reviewed by each Trustee and he asked the trustees to review
the draft contract, finalize it and confirm David Niemeyer as Village Manager.
President Craig also announced that a committee was formed to review the Requests for
Qualifications that were received from law firms in response to the Village's pursuit of a
Village Attorney. The committee was comprised of Trustees Kennedy and Wolin. They
have reviewed the documents submitted and have recommended a list of finalists to be
interviewed by the committee. President Craig asked that David Niemeyer work with the
committee.
RESIDENT /VISITOR COMMENT - None presented
APPROVAL OF MINUTES
A. Special Board of Trustees Meeting of July 22, 2007
Motion by Trustee Manofsky, seconded by Trustee Sanford, to approve the Minutes of
the July 22, 2007 Special Board of Trustees Meeting as presented. VOICE VOTE:
VILLAGE OF OAK BROOK Minutes Page 1 of 7 AUGUST 14, 2007
5. A. Motion carried.
B. Regular Committee -of- the -Whole Board of Trustees Meeting of July 23, 2007
Motion by Trustee Kennedy, seconded by Trustee Carson, to approve the Minutes of
the July 23, 2007 Regular Committee -of -the -Whole Board of Trustees Meeting as
presented. VOICE VOTE: Motion carried.
C. Regular Board of Trustees Meeting of July 24, 2007
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Minutes
of the July 24, 2007 Regular Board of Trustees Meeting as presented. VOICE VOTE:
Motion carried.
6. CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING AUGUST 10, 2007 - $538,180.25
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JULY 2812007 -
$720,626.61
C. COMMUNITY DEVELOPMENT REFERRALS - None presented.
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS - None presented.
E. BUDGET ADJUSTMENTS
1) Sports Core - Tree Services
2) Sports Core - Garbage Disposal
3) Information Systems - Computer Supplies
F. 2007 MEMBERSHIP RENEWAL - ILLINOIS MUNICIPAL LEAGUE
The Village has received the Illinois Municipal League's dues invoice for the year
ending July 31, 2008, in the amount of $764.00. It is the Board's usual practice to
consider and act upon membership renewals that concern major intergovernmental
organizations, Acting Village Manager Niemeyer offered the following:
• The League offers services that are of value to the Village in meeting its goals
VILLAGE OF OAK BROOK Minutes Page 2 of 7 AUGUST 14, 2007
6. F. and objectives. Specifically, as the statewide organization of municipalities in
Illinois, the League is one of the most consistently visible representatives of
municipal interests in Springfield. The League actively monitors developments in
the General Assembly, lobbies aggressively on behalf of municipalities in
general, and informs its members in considerable detail on legislative matters.
The League continues to lead efforts to pass an unfunded mandates constitutional
amendment and submit it to the electorate.
• The League's annual conference, held in Chicago, provides elected and appointed
officials with relevant information and training at a very reasonable cost (see the
registration information for the 2007 conference that was sent home in with your
packets on Wednesday, August 1, 2007).
• The League's monthly magazine, Illinois Municipal Review, is an informative
and relevant publication, particularly for elected officials. In addition to timely
articles, it includes some very helpful features such as the annual Calendar for
Municipal Officials, published each December.
• The cost of membership remains low in relation to the benefits the Village
receives from membership, especially in the legislative area.
G. RESOLUTION R -988, A RESOLUTION APPROVING THE FINAL PLAT FOR
BRITTWOOD CREEK SUBDIVISION
Per recommendation of the Plan Commission, the President and Board of Trustees
directed the Acting Village, Attorney to draft Resolution R -988 which requests
approval of the Final Plat for Brittwood Creek, a parcel of approximately 57 acres
located at the southeast corner of Route 83 and 35th Street.
H. ORDINANCE 5 -1201, AN ORDINANCE GRANTING A FENCE VARIATION
FROM THE PROVISIONS OF SECTION 13 -3 -613 OF TITLE 13 (ZONING
REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK
Per recommendation of the Zoning Board of Appeals, the President and Board of
Trustees directed the Acting Village Attorney to draft Ordinance which requests a
variation from the provisions of Section 13 -3 -613 to permit construction of a solid
fence between eight (8) and nine (9) feet in height for the property known as
Brittwood Creek, a parcel of approximately 57 acres located at the southeast corner
of Route 83 and 35th Street.
I. ORDINANCE 5 -1202, AN ORDINANCE GRANTING A SIDE YARD
VARIATION FROM THE PROVISIONS OF SECTION 13- 6A -3F.2 OF TITLE 13
(ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK
VILLAGE OF OAK BROOK Minutes Page 3 of 7 AUGUST 14, 2007
6. I. Per recommendation of the Zoning Board of Appeals, the President and Board of
Trustees directed the Acting Village Attorney to draft Ordinance S -1201 which
requests a variation from the provisions of Section 13- 6A -3F.2 to the owners of the
subject property for a reduction in the required thirty feet (30') side yard to
approximately eighteen feet (18') for the property located at 708 Deer Trail Lane.
This variation is requested ' in order to permit an addition to the existing single- family
home.
J. RELEASE OF FUNDS — OAK BROOK HOTEL, CONVENTION AND VISITORS
COMMITTEE — 20% OF 1% OF THE 2007 2ND QUARTER HOTEL TAX
RECEIPTS TO THE DUPAGE CONVENTION & VISITORS BUREAU IN THE
AMOUNT OF $18,833.10.
The Oak Brook Hotel, Convention and Visitors Committee, by a poll of the
Committee members on July 9, 2007, recommended that $18,833.10 be released to
the DuPage Convention & Visitors Bureau. This amount represents 20% of I % of
the 2007 second quarter hotel tax receipts.
Motion by Trustee Kennedy, seconded by Trustee Carson, to approve the Consent Agenda
and authorize expenditures as presented. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed . Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA - None removed
8. BOARD & COMMISSION RECOMMENDATIONS - None presented
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented
B. ORDINANCES & RESOLUTIONS - None presented
C. AWARD OF CONTRACTS - None presented
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS
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1) RESOLUTION R -987, A RESOLUTION APPROVING THE RELEASE OF
CLOSED MEETING MINUTES FROM JANUARY THROUGH JUNE, 2007
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VILLAGE OF OAK BROOK Minutes Page 4 of 7 AUGUST 14, 2007
10. B. 1) The Open Meetings Act requires 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 necessary for the Board of
Trustees to review minutes so that they may be released to the public by
Resolution.
The minutes have been redacted regarding the necessary sections of the meeting
from January through June, 2007 for those items that are still pending and
require continued confidentiality.
Motion by Trustee Wolin, seconded by Trustee Kennedy, to approve Resolution
R -987, A Resolution Approving the Release of Closed Meeting Minutes from
January through June, 2007. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed. Motion carried.
C. AWARD OF CONTRACTS - None presented
D. BRITTWOOD CREEK SUBDIVISION - VARIATION
The Village received a request from Dan Callaghan. The specific request is ,a
variation from Section 8 -2 -2 of the Village Code that states that water distribution
system mains and water services shall be designed and constructed in compliance
with the public works construction standards. Those standards require water mains
to be ductile iron pipe.
Mr. Callaghan requested permission to use a relatively new water main pipe material
(high- density polyethylene (HDPE) pipe) that can be directionally bored which
would mitigate the open trench destruction under and around an existing stream.
This request is similar to the Hidden Valley Lane Water Main Project where the
Village did grant a similar variation due to those unique circumstances. In this case,
the existing stream and topography also create a unique area. The Public Works
Director and the Village Engineer agree that directionally bored HDPE pipe is the
best option.
It is extremely important that a qualified contractor be used for installation as there
were some problems in other jurisdictions that could have been easily avoided had
the contractor had more experience. Staff will therefore require approval of the
contractor with a proven track record.
VILLAGE OF OAK BROOK Minutes Page 5 of 7 AUGUST 14, 2007
10. D. Motion by Trustee Wolin, seconded by Trustee Kennedy, that the Village Board
approve a variation to Section 8 -2 -2 of the Village Code to permit the installation of
high- density polyethylene (HDPE) pipe within a section of the Brittwood Creek
Subdivision as approved by Village staff with the--condition that the Village approve
of the contractor. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed . Motion carried.
E. LIQUOR LICENSE APPROVAL - LETTUCE ENTERTAIN YOU D /B /A REEL
CLUB
Lettuce Entertain You has made application to the Village for a Class A -1 liquor
license for their new restaurant, Oak Brook Seafood LLC, d /b /a Reel Club, located
at 272 Oakbrook Center (formerly Papagus). Documentation requirements have
been fulfilled. Criminal backgrounds are being processed at this time for the owners
and managers. All staff are being BASSET trained by the Lettuce Entertain You
corporation prior to the opening which is tentatively scheduled for October.
The applicant has requested that this application be brought before you for your
consideration at the Village Board's regular meeting of August 14, 2007. A
representative of the establishment will be in attendance of the meeting.
Provided that all ordinance requirements are met, the Local Liquor Commissioner,
John Craig will issue a Class A -1 Liquor License to Lettuce Entertain You, Inc., Oak
Brook Seafood LLC d /b /a Reel Club located at 272 Oakbrook Center.
Motion by Trustee Sanford, seconded by Trustee Wolin, for approval of issuance of
Class A -1 Liquor License for Lettuce Entertain You, Inc., Oak Brook Seafood LLC,
d /b /a Reel Club. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT - Trustee Manofsky reported on the Autumn Festival
scheduled for September 21.
B. VILLAGE MANAGER - Manager Niemeyer announced that a special closed
meeting has been scheduled to review the village attorney candidates recommended
by the committee.
C. VILLAGE CLERK - Clerk Pruss reminded residents that school opens next week
and children will be out. She also added that next year was a presidential election
and primary in February
VILLAGE OF OAK BROOK Minutes Page 6 of 7 AUGUST 14, 2007
12. 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
(2c21); 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 (2c 11); the selection of a
person to fill a public office, as defined in this Act, including a vacancy in a public office
when the public body is given power to appoint under law or ordinance, or the discipline,
performance or removal of the occupant of a public office, when the public body is given
power to remove the occupant under law or ordinance (26); and to consider the
appointment, employment, compensation, discipline, performance, or dismissal of
specific employees of the public body or legal counsel for the public body, including
hearing testimony on a complaint lodged against an employee of the public body or
against legal counsel for the public body to determine its validity (2c 1).
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to adjourn to Closed
Meeting at p.m. To discuss minutes of meetings lawfully closed under the Open
Meetings Act, whether for the purpose of approval by the body of the minutes, or for
semi - annual review of the minutes as required by the Open Meetings Act (2c21); 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 (2c 11); the selection of a person to fill a
public office, as defined in this Act, including a vacancy in a public office when the
public body is given power to appoint under law or ordinance, or the discipline,
performance or removal of the occupant of a public office, when the public body is given
power to remove the occupant under law or ordinance (26); and to consider the
appointment, employment, compensation, discipline, performance, or dismissal of
specific employees of the public body or legal counsel for the public body, including
hearing testimony on a complaint lodged against an employee of the public body or
against legal counsel for the public body to determine its validity (2c 1) at 7:50 p.m.
ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed . Motion carried.
13. ADJOURNMENT
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to adjourn the Regular
Meeting of the Board of Trustees at 9:20 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss, Village Clerk
VILLAGE OF OAK BROOK Minutes Page 7 of 7 AUGUST 14, 2007