Minutes - 09/25/2007 - Board of TrusteesMINUTES OF THE SEPTEMBER 25, 2007 REGULAR MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
NOVEMBER 13, 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 7:31 p.m.
The Pledge of Allegiance was given.
2. 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, Moin Saiyed, Robert G. Sanford and Gerald Wolin
ABSENT: None.
IN ATTENDANCE: David Niemeyer, Village Manager; Mark Sterk, Village Attorney;
Dale L. Durfey, Jr., Village Engineer; Robert L. Kallien, Jr., Director of
Community Development; Bruce F. Kapff, Director of Information
Services & Purchasing; Darrell J. Langlois, Finance Director; Stephen
Larson, Deputy Police Chief, Thomas McEllin, Deputy Fire Chief, Michael
J. Meranda, Public Works Director; Nelson Patras, Bath & Tennis Club
Operations Manager and Thomas Sheahan, Chief of Police.
3. PRESIDENT'S OPENING COMMENTS
1) ALLIANCE AGAINST INTOXICATED MOTORISTS (AAIM) CERTIFICATES
OF APPRECIATION - OAK BROOK POLICE DEPARTMENT
President Craig asked the Chief of Police, Thomas Sheahan to recognize officers who
keep our community safe from drunk drivers. DUI enforcement is the goal of AAIM
and Pat Larson described the program. The officers recognized for their work were
Velia Torlo, Parry Barnes and Paul Plinkse.
2) RESOLUTIONS OF APPRECIATION
President Craig and Clerk Pruss read the Resolutions of Appreciation.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of
Resolutions 991, 992, 993, 994, 995 and 996 recognizing Kevin Quinlan, Linda K.
Gonnella, Stelios Aktipis, Asif Yusuf, Albert Giusfredi and Paul Adrian
VILLAGE OF OAK BROOK Minutes Page 1 of 18 SEPTEMBER 25, 2007
3. President Craig announced that a new indemnification ordinance was before the Board
and that he asked Attorney Sterk to work with the Board of Trustees to revise the
ethics ordinance. He added that he had asked Trustee Carson to oversee the
appointment process and Trustee Saiyed to work with the Historical Society on the
Village's 50`" Anniversary Celebration
4. RESIDENT /VISITOR COMMENT
Resident Joan Mullins spoke to the Board relative to lawsuits and indemnification. She
asked that the Board meet with her attorney to discuss the issues.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF AUGUST 14, 2007
B. SPECIAL BOARD OF TRUSTEES MEETING OF AUGUST 16, 2007
C. SPECIAL BOARD OF TRUSTEES MEETING OF AUGUST 28, 2007
D. REGULAR BOARD OF TRUSTEES MEETING OF AUGUST 28, 2007
Trustee Craig asked if there were any corrections or additions to the Minutes
presented. Hearing none, he asked for a motion to approve.
Motion by Trustee Manofsky, seconded by Trustee Sanford, to approve Regular Board
of Trustees Meeting of August 14, 2007; Special Board of Trustees Meeting of August
16, 2007; Special Board of Trustees Meeting of August 28, 2007 and the Regular
Board of Trustees Meeting of August 28, 2007as 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 SEPTEMBER 21, 2007 -
$794,864.41
Significant Items included in Above:
1) Odelson & Sterk. Ltd. - Legal Fees - August, 2007 - $9,985.99
2) Dixon Engineering, Inc. - Payout # 3 - Elevated Water Storage Tank
Repair /Painting - $735.00
3) Paint Pros, Inc. - Payout #1 - Library Exterior Cedar Wood Refurbishing -
$24,075.00
VILLAGE OF OAK BROOK Minutes Page 2 of 18 SEPTEMBER 25, 2007
6. A. 4) DuPage Water Commission - $151,656.96
5) James J. Benes & Associates - Payout #3 - Westdale Gardens Water Main -
$13,143.57
6) Bruno's Tuckpointing Inc. - Payout #1 - Village Hall Exterior Retaining Wall
Repair - $14,695.10
7) Kubiesa, Spiroff, Gosselar & Acker, P.C. - Legal Bills - June, 2007 - $18,162.50
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING SEPTEMBER 8, 2007 -
$740,118.71
C. COMMUNITY DEVELOPMENT REFERRALS - No referrals presented
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS - None presented
E. BUDGET ADJUSTMENTS - None presented
F. TREASURER'S REPORT - AUGUST, 2007
G. RESOLUTION R -990, A RESOLUTION AUTHORIZING THE DESTRUCTION
OF THE VERBATIM RECORD OF CLOSED MEETINGS OF THE VILLAGE OF
OAK BROOK BOARD OF TRUSTEES 03/14//06
At the Village Board meeting of April 10, 2007 the Village Board passed Ordinance
G -830 which established procedures to authorize the destruction of the verbatim
record of closed meetings of the Village of Oak Brook Board of Trustees.
The audio recording of the March 14, 2006 Closed Meeting is before the Board to
consider under the consent agenda for the approval of its destruction. This verbatim
recording is eighteen (18) months old and minutes have been approved for the
meeting. A favorable vote shall be deemed to authorize the Village Clerk to destroy
the verbatim records of such closed meetings in a suitable manner. Under separate
cover in a confidential envelope are the minutes of this closed meeting to indicate
they were written and provide the context of the meeting.
Even with this procedure in place, the Manager, the Village Attorney, or a Trustee
may recommend or request that a particular tape be held. In order to retain a
particular tape, a Trustee would need to request that the item be removed from the
consent agenda for separate consideration and denial of approval for destruction. In
most instances, however, it is in the Village's best interest to destroy the tapes as soon
as legally possible, as indicated above.
VILLAGE OF OAK BROOK Minutes Page 3 of 18 SEPTEMBER 25, 2007
6. G. The requested action was for passage of Resolution R -990, A Resolution
Authorizing the Destruction of the Verbatim Record of Closed Meetings of the
Village of Oak Brook Board of Trustees
H. ORDINANCE 835, AN ORDINANCE AMENDING ARTICLE A OF CHAPTER 7
(BUSINESS DISTRICTS) OF TITLE 13 (ZONING REGULATIONS) OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO ADD A PERMITTED
USE FOR BANKS AND FINANCIAL INSTITUTIONS IN SECTION 13 -7A -1
AND A SPECIAL USE FOR DRIVE -IN BANKING FACILITIES IN SECTION 13-
7A-2
Per recommendation of the Plan Commission and the Zoning Board of Appeals, the
President and Board of Trustees have directed the Village Attorney to draft an
Ordinance which requests that a special use be granted to permit construction of a 3-
bay drive -in banking facility for the property owned by the InSite Oak Brook Limited
Partnership, located at 1603 16th Street.
The requested action was for passage of Ordinance 835, An Ordinance Amending
Article A Of Chapter 7 (Business Districts) Of Title 13 (Zoning Regulations) Of The
Village Code Of The Village Of Oak Brook To Add A Permitted Use For Banks
And Financial Institutions In Section 13 -7a -1 And A Special Use For Drive -In
Banking Facilities In Section 13 -7a -2
ORDINANCE S -1205, AN ORDINANCE AMENDING THE ZONING DISTRICT
MAP CONCERNING A PARCEL OF APPROXIMATELY FORTY (40) ACRES
LOCATED AT 115 CANTERBERRY LANE, OAK BROOK, ILLINOIS
Per recommendation of the Plan Commission and the Zoning Board of Appeals, the
President and Board of Trustees have directed the Village Attorney to draft this
Ordinance which requests that the Zoning District Map be amended from R1 to CR
for the property owned by the Oak Brook Park District, located at 115 Canterberry
Lane.
The requested action was for passage of Ordinance S -1205, An Ordinance Amending
the Zoning District Map Concerning a Parcel of Approximately Forty (40) Acres
Located at 115 Canterberry Lane, Oak Brook, Illinois
L. ORDINANCE S -1208, AN ORDINANCE GRANTING A SPECIAL USE FOR A
DRIVE -IN BANKING FACILITY
Per recommendation of the Plan Commission and the Zoning Board of Appeals, the
President and Board of Trustees have directed the Village Attorney to draft an
Ordinance which requests that a special use be granted to permit construction of a 3-
bay drive -in banking facility for the property owned by the InSite Oak Brook Limited
Partnership, located at 1603 16th Street.
VILLAGE OF OAK BROOK Minutes Page 4 of 18 SEPTEMBER 25, 2007
6. L. Requested action was for passage of Ordinance 5 -1208, An Ordinance Granting a
Special Use for a Drive -In Banking Facility
M. ORDINANCE S -1209, AN ORDINANCE GRANTING A VARIATION FROM
THE PROVISIONS OF SECTION 13- 7A -3C -1C OF CHAPTER 7 (BUSINESS
DISTRICTS: BI LOCAL SHOPPING CENTER DISTRICT) OF TITLE 13
(ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS: YARDS
Per recommendation of the Plan Commission and the Zoning Board of Appeals, the
President and Board of Trustees have directed the Village Attorney to draft an
Ordinance which requests that a variation be granted pertaining to district boundary
encroachment for the property owned by the InSite Oak Brook Limited Partnership,
located at 1603 16th Street.
The requested action was for passage of Ordinance S -1209, An Ordinance Granting a
Variation from the Provisions of Section 13- 7A -3C -1C of Chapter 7 (Business
Districts: B 1 Local Shopping Center District) of Title 13 (Zoning Regulations) of the
Village Code of the Village of Oak Brook Relative to Lot Area Requirements: Yards
President Craig removed 6.D.1) Professional Engineering Services - 2008 Paving Project
be deferred since staff was reviewing the 2008 paving project as a part of the budget
process.
Trustees Kennedy and Sanford asked to have items 6. J. Ordinance S -1206, An Ordinance
Granting A Special Use For An Educational Facility For The Oak Brook Park District
Located At 115 Canterberry Lane In The Village Of Oak Brook and 6. K. S -1207, An
Ordinance Granting Certain Variations From The Provisions Of Sections 13- 12 -4a, 13-
12-4g, 13 -12 -4h And 13 -12 -5 Of Chapter 12 (Off - Street Parking And Loading) Of Title
13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook Relative To
Requirements For Off - Street Parking Spaces for further discussion based on a request
from the Park District.
Trustee Manofsysy asked to have item 6.N. Resolution R - 997, A Resolution Regarding
Authorization For Check Signers for further discussion.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 5 of 18 SEPTEMBER 25, 2007
7 ITEMS REMOVED FROM CONSENT AGENDA
J. ORDINANCE S -1206, AN ORDINANCE GRANTING A SPECIAL USE FOR AN
EDUCATIONAL FACILITY FOR THE OAK BROOK PARK DISTRICT
LOCATED AT 115 CANTERBERRY LANE IN THE VILLAGE OF OAK BROOK
Per recommendation of the Plan Commission and the Zoning Board of Appeals, the
President and Board of Trustees have directed the Village Attorney to draft this
Ordinance which requests that a special use be granted for an educational facility for
the property owned by the Oak Brook Park District, located at 115 Canterberry Lane.
The requested action was for passage of Ordinance S -1206, An Ordinance Granting a
Special Use for an Educational Facility for the Oak Brook Park District Located at
115 Canterberry Lane in the Village of Oak Brook.
Trustee Wolin indicated that the Park District had contacted the Village and
requested that Buses be allowed. He expressed concern based on the previous
meeting where residents were very upset regarding buses. However, he felt that this
particular ordinance did not address that issue so was willing to go forward with
approval of this ordinance. Trustee Manofsky asked Stan Motley of the Park District
to address the change. He commented that they had heard clearly that the residents
did not want the buses on their street, using their driveways to turn around during
peak times, etc. What the Park District was suggesting was to allow buses only
during certain hours, only by permit and turn around would be allowed only within
the Dean property to alleviate some of the concerns.
Motion by Trustee Wolin, seconded by Trustee Manofsky, for passage of Ordinance
S -1206, An Ordinance Granting a Special Use for an Educational Facility for the Oak
Brook Park District Located at 115 Canterberry Lane in the Village of Oak Brook.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
K. S -1207, AN ORDINANCE GRANTING CERTAIN VARIATIONS FROM THE
PROVISIONS OF SECTIONS 13- 12 -4A, 13- 12 -4G, 13 -12 -4H AND 13 -12 -5 OF
CHAPTER 12 (OFF - STREET PARKING AND LOADING) OF TITLE 13
(ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK RELATIVE TO REQUIREMENTS FOR OFF - STREET PARKING
SPACES
Per recommendation of the Plan Commission and the Zoning Board of Appeals, the
President and Board of Trustees had directed the Village Attorney to draft an
Ordinance which requests that variations be granted pertaining to surfacing, curbing,
striping and number of parking spaces for the property owned by the Oak Brook Park
District, located at 115 Canterberry Lane.
VILLAGE OF OAK BROOK Minutes Page 6 of 18 SEPTEMBER 25, 2007
7. K. The requested action was for passage of Ordinance 5 -1207, An Ordinance Granting
Certain Variations from the Provisions of Sections 13- 12 -4A, 13- 12 -4G5 13 -12 -41-1
and 13 -12 -5 of Chapter 12 (Off - Street Parking and Loading) of Title 13 (Zoning
Regulations) of the Village Code of the Village of Oak Brook Relative to
Requirements for Off - Street Parking Spaces
Trustees Sanford and Kennedy agreed that this ordinance was similar and ready for
passage since the decision at the previous meeting restricted buses. If the Park
District wanted to change the parameters, they would need to go through an
additional process which would provide the public with the opportunity to express
their concerns.
Motion by Trustee Sanford, seconded by Trustee Kennedy, for passage of Ordinance
5 -1207, An Ordinance Granting Certain Variations from the Provisions of Sections
13- 124A, 13- 124G, 13 -12 -41-1 and 13 -12 -5 of Chapter 12 (Off - Street Parking and
Loading) of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak
Brook Relative to Requirements for Off - Street Parking Spaces. ROLL CALL
VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
N. RESOLUTION R - 997, A RESOLUTION REGARDING AUTHORIZATION FOR
CHECK SIGNERS
Trustee Manofsky was concerned that the changes included two employees from the
same department. She was uncomfortable that it excluded the Village President as an
alternative signatory. No motion was made.
8. BOARD & COMMISSION RECOMMENDATIONS
A. HAWKS SOCCER CLUB — 1315 -1425 KENSINGTON ROAD
1. SPECIAL USE TO AMEND ORDINANCE 5 -1050 TO ALLOW SITE
IMPROVEMENTS ON THE SOCCER FIELDS
At its meeting on September 4, 2007 the Zoning Board of Appeals held the
required public hearing on a petition from the Hawks Soccer Club, requesting
approval of an amendment to special use ordinance S -1050, which was
approved in 2003 to permit the use and development of the property for youth
soccer fields.
As part of this special use request, the petitioner is seeking approval to:
1. Expand hours of operation. The existing special use required that use of
VILLAGE OF OAK BROOK Minutes Page 7 of 18 SEPTEMBER 25, 2007
the fields be limited from 10:00 am to 8:00 pm.
8 A 1 ) 2. Expand the number of soccer fields on site from 7 to 14.
3. Add five light standards along the east side of the property. At the present
time, the only lights on the property exist within the parking lot and were
installed primarily for security purposes.
4. Permit the construction of a 40' x 30' shelter /garage structure at the south
end of the existing parking lot.
5. Permit the installation of a drinking fountain.
6. Permit the construction of a "rebound wall" near the south end of the
property.
7. Permit the construction of a 5' x 6' ground sign to be located near the
corner of Kensington and Jorie Blvd.
8. Permit the construction of second gravel parking lot near the west end of
the property. As part of this request, Hawks Soccer will require variations
to Sections 13 -124A (hard surface requirement), 13 -12 -3C (stall
dimensions), 13- 12 -413, C, D (landscaping and screening), 13 -12 -4G
(curbing) and 13 -12 -41-1 (striping) which will be heard by the Zoning Board
of Appeals.
McDonald's Corporation, owner of the property has agreed with the proposed
site improvements.
Recommendation — Special Use
By a vote of 6 to 0, the Zoning Board of Appeals concurred with the Plan
Commission recommendation (by a vote of 4 to 0) except for the condition that
all garbage cans be painted green instead of red finding that the applicant has
addressed and satisfied the requirements for a special use and recommended
approval of the requested site improvements subject to the following conditions:
1. The development shall be in substantial conformance with the plans as
submitted and revised.
2. The amended conditions of the special use to include the following:
a. Expand the hours of operation to allow the soccer fields to be used
Monday through Friday from 10:00 a.m. to 8:30 p m., Saturday
from 8:00 a.m. to 8:30 p.m., and on Sunday from 8:00 a.m. to 7:00
p.m.
b. Revise the locations of the soccer fields.
C. Addition of five (5) properly shielded light standards to conform to
village standards at time of building permit and provide details with
respect to illumination and glare. All lights existing and proposed
are to be properly shielded, not to exceed .5 -foot candles and are to
have an automatic shut off installed to comply with the approved
hours of operation.
VILLAGE OF OAK BROOK Minutes Page 8 of 18 SEPTEMBER 25, 2007
8 A 1) d. Construction of a shelter /garage in substantial conformance with
the plans submitted and to comply with all Village Building Codes
and permit requirements.
e. Addition of a drinking fountain to comply with all Village Building
Codes.
f. Construction of a wood rebound wall.
g. Construction of a five -foot (5') by six -foot (6') ground sign to be
located near the corner of Kensington and Jorie Blvd. Flowers and
landscaping are to be added around the sign.
h. Construction of a second gravel parking lot located on the west side
of the property that would be approximately 75 feet by 300 feet
with a 50 -foot driveway, subject to the approval of the requested
variations and stormwater management permit.
i. Best efforts to be made to improve the landscaping with funds that
are available.
3. Final Engineering approval.
4. All other provisions of Special Use Ordinance S -1050 are to remain in full
force and effect.
5. Notwithstanding the exhibits contained in the case file, the applicant shall
meet all Village ordinance requirements at the time of building permit
application except as specifically varied or waived.
Trustee Sanford recommended an amendment be made to exclude the condition
referencing the color of the garbage cans
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested special use for the development of additional youth
soccer fields and related improvements at 1315 and 1425 Kensington Road
subject to the following conditions:
1. The development shall be in substantial conformance with the plans as
submitted and revised.
2. The amended conditions of the special use to include the following:
a. Expand the hours of operation to allow the soccer fields to be used
Monday through Friday from 10:00 a.m. to 8:30 p.m., Saturday
from 8:00 a.m. to 8:30 p.m., and on Sunday from 8:00 a.m. to 7:00
p.m.
b. Revise the locations of the soccer fields.
VILLAGE OF OAK BROOK Minutes Page 9 of 18 SEPTEMBER 25, 2007
8A 1)
C.
Addition of five (5) properly shielded light standards to conform to
village standards at time of building permit and provide details with
respect to illumination and glare. All lights existing and proposed
are to be properly shielded, not to exceed .5 -foot candles and are to
have an automatic shut off installed to comply with the approved
hours of operation.
d.
Construction of a shelter /garage in substantial conformance with
the plans submitted and to comply with all Village Building Codes
and permit requirements.
e.
Addition of a drinking fountain to comply with all Village Building
Codes.
f
Construction of a wood rebound wall.
g.
Construction of a five -foot (5') by six -foot (6') ground sign to be
located near the corner of Kensington and Jorie Blvd. Flowers and
landscaping are to be added around the sign.
h.
Construction of a second gravel parking lot located on the west side
of the property that would be approximately 75 feet by 300 feet
with a 50 -foot driveway, subject to the approval of the requested
variations and stormwater management permit.
i. Best efforts to be made to improve the landscaping with funds that
are available.
3. Final Engineering approval.
4. All other provisions of Special Use Ordinance S -1050 are to remain in full
force and effect.
5 Notwithstanding the exhibits contained in the case file, the applicant shall
meet all Village ordinance requirements at the time of building permit
application except as specifically varied or waived;
and authorize the Village Attorney to prepare the necessary ordinance for final
consideration at the October 9, 2007 Board of Trustees meeting. ROLL CALL
VOTE
Ayes. 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
8. A. 2. VARIATION TO SECTION 13 -12 -3 AND 13 -12 -4 OF THE OFF - STREET
PARKING AND LOADING REGULATIONS
At its meeting on September 4, 2007, the Zoning Board of Appeals held the
required public hearing on a request from the Hawks Soccer Club requesting
approval of several variations in conjunction to a proposed amendment to
VILLAGE OF OAK BROOK Minutes Page 10 of 18 SEPTEMBER 25, 2007
8 A 2) special use S -1050 which was approved in 2003 to permit the use and
development of the property for youth soccer fields.
In particular, the petitioner is seeking approval of the following variations to the
Zoning Ordinance:
1. Section 13 -12 -4A to permit a new gravel parking lot instead of the required
a hard surface parking lot.
2. Section 13 -12 -3C to eliminate the requirement to depict parking lot stall
dimensions.
3. Section 13- 12 -413, C and D to eliminate the requirement for parking lot
landscaping and screening.
4. Section 13 -12 -4G to eliminate the requirement to install curbing of the
access drive and parking lot.
5. Section 13 -12 -4H to eliminate the requirement for parking lot striping.
Due to the determination made Village Engineer Durfey (including consultation
with DuPage County) that the property will require additional stormwater
detention in order to construct the requested parking lot and shelter. As such,
the applicant is seeking additional time to prepare and submit the necessary
information to address the stormwater issue.
The petitioner requested that the variation be continued.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
request made by the Hawks Soccer Club to continue the requests for variations
that are necessary to construct a second parking lot on the property at 1315 and
1425 Kensington Road for at least 30 days. for passage of Ordinance S -1207,
An Ordinance Granting Certain Variations from the Provisions of Sections 13-
12 -4A, 13- 12 -4G, 13 -12 -41-1 and 13 -12 -5 of Chapter 12 (Off - Street Parking and
Loading) of Title 13 (Zoning Regulations) of the Village Code of the Village of
Oak Brook Relative to Requirements for Off - Street Parking Spaces. ROLL
CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
B. EVERGREEN BANK - 1515 22ND STREET
1. TEXT AMENDMENT TO ADD BANKS AS A PERMITTED USE IN THE
0-3 DISTRICT
At its meeting on September 4, 2007, the Zoning Board of Appeals reviewed a
petition from the Evergreen Private Bank (as authorized by Teacher's
VILLAGE OF OAK BROOK Minutes Page 11 of 18 SEPTEMBER 25, 2007
8 a 1) Insurance and Annuity Association of America) the owner of property at 1515
22nd Street seeking approval of a text amendment to the Zoning Ordinance to
permit banks and financial institutions as a permitted use in the 0-3 District.
At the present time, banks and financial institutions are a permitted use in the
ORA -1, ORA -2, B -1 (pending), B -2 and B -3 Districts.
Text Amendment: Section 13- l OD -1 — Add "banks and financial institutions"
to the list of permitted uses.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals
and approve the requested text amendment to the Zoning Ordinance to permit
banks and financial institutions as a permitted use in the 0-3 District and
authorize the Village Attorney to prepare the necessary ordinance for final
consideration at the October 9, 2007 Board of Trustees meeting. ROLL
CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried
2. VARIATION — SECTION 13 -11 -11 A.2 OF THE SIGN REGULATIONS
At its meeting on September 4, 2007, the Zoning Board of Appeals reviewed a
petition from the Evergreen Private Bank (as authorized by Teacher's
Insurance and Annuity Association of America) the owner of property at 1515
22nd Street seeking approval of two variations to Section 13 -11 -11 of the
Zoning Ordinance to a.) permit a sign at a height of 70 -feet, which is twice
the 35 -foot maximum height and b.) to permit 15 square feet of additional
signage on the property. (Based on input provided by Staff, the variation
for 15 square feet of additional signage is not needed to accommodate the
proposed sign.)
Recommendation
By a vote of 4 to 2, the Zoning Board of Appeals found that the applicant
addressed and satisfied the requirements for a variation to Section 13 -11 -11 of
the Zoning Ordinance to permit a sign above the 35 -foot maximum height limit
as requested in the 0-3 District as requested and recommended approval
subject to the following conditions:
1. Construction of the proposed sign in substantial accordance to the plans as
presented to the Board, and
2. Notwithstanding the exhibits contained in the case file, the applicant shall
meet all village ordinance requirements at the time of building permit
application except as specifically varied or waived.
VILLAGE OF OAK BROOK Minutes Page 12 of 18 SEPTEMBER 25, 2007
8 B 2) Staff Comments
1. The Commercial Revitalization Plan now under final design by Houseal
Lavigne is expected to contain recommendations relative to signage.
Since the final plan recommendations have not been submitted to either
the Commercial Revitalization Task Force or the Village Board, there is
no way to predict if the sign proposed by Evergreen Private Bank is
consistent with the Plan.
2. If a variation to increase the height of the wall sign is approved at this
location, will it set a precedent for other adjacent uses in 0-3 District to
seek similar relief? As an example, will other uses in the Oak Brook
Regency Towers seek a sign above the 35 -foot maximum height?
3. Based on the staff analysis that shows the Oak Brook Regency Towers has
approximately 60 square feet of available signage to existing /potential
tenants. As such, Evergreen Private Bank does have several additional
options available to them to obtain more visible signage that do not
involve increasing the height of their wall sign including:
a. Place the name "Evergreen Private Bank" on the large monument
sign located at the corner of Route 83 and 22nd Street and /or on the
smaller ground sign located at the northeast corner of the property
on 22nd Street
b. Since the site is bounded by three roadways (Route 83, 22nd Street
and I -88), the applicant could request a variation to permit an
additional ground sign. A possible location for this sign could be
somewhere along the frontage of Route 83.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to continue this
recommendation for additional discussion with Community Development to
find alternatives that would satisfy all parties. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
9. UNFINISHED BUSINESS
A Confirmation of Appointments - None presented
B Ordinances & Resolutions - None presented
C. Award of Contracts - None presented
VILLAGE OF OAK BROOK Minutes Page 13 of 18 SEPTEMBER 25, 2007
9. D. 50" ANNIVERSARY BUDGET DISCUSSION
The 2007 Village budget included $20,000 in the Board of Trustees budget for the
50"' Anniversary celebration. As you know, the Oak Brook Historical Society was
charged with putting together a committee to plan and implement Oak Brook's 50th
anniversary celebration. At the August 24th Board meeting, the Oak Brook Historical
Society presented an update on their plan for next year. Village Manager Niemeyer
indicated that staff would be meeting with committee representatives in the next few
weeks to discuss their request for use of the funds in the Village budget for the
committee.
Village Manager Niemeyer, Trustee Saiyed, Darrell Langlois met with Kathy Maher
and Chrissie Howorth to discuss the committee's request for Village funds to assist in
promoting the 50t" Anniversary events that the committee is planning for 2008.
Initially, they had sought $20,000 in funds. They were asked to fine tune their
proposed budget and they presented a budget in the amount of $16,200. Of that
request, $4,200 would come from the 2007 budget and $12,000 would come from the
2008 budget. The payment of expenses will follow normal Village procedures and
the 50th Anniversary Committee will consult with Village staff to ensure the planned
expenditures follow this program.
It should be noted that this recommended allocation is separate from any allocations
the Board may choose to make for Village activities related to the 50th Anniversary
celebration. Trustee Manofsky is overseeing efforts to hold a Taste of Oak Brook
festival on July 3, 2008. Staff is currently working with her on developing a budget
for that celebration that would be included in the upcoming budget presentation if
Village funds are needed.
Trustee Saiyed introduced the ideas the 50th Anniversary Celebration presented and
the requested funds.
Motion by Trustee Saiyed, seconded by Trustee Kennedy, to approve the proposed
50t" Anniversary Committee's Budget for the Celebration for 2007 -2008 in the not to
exceed amount of $16,200 according to Village procedures. ROLL CALL VOTE
Ayes- 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
E. BOARDS, COMMISSIONS, COMMITTEE APPOINTMENT PROCESS
At the July 10, 2007 Village Board meeting President Craig requested Trustee Carson
to assist in developing a procedure for appointments to the Village's Board and
Commissions. President Craig indicated that he has reviewed the procedures and
asked Trustee Carson to please present the procedures for consideration and
acceptance by the Village Board Trustee Carson presented the Objectives.
VILLAGE OF OAK BROOK Minutes Page 14 of 18 SEPTEMBER 25, 2007
10. E. PROCEDURES FOR MAKING APPOINTMENTS BY THE PRESIDENT AND
BOARD
Objectives:
1. Respect the President's statutory authority to make appointments of Board and
Commission members and certain Village officials in accordance with the Illinois
Municipal Code and the Village Code.
2. Provide the Board of Trustees with meaningful participation in exercising its
statutory authority to give advice to the President on appointments and to make an
informed decision to provide or withhold consent to an appointment.
3. Provide residents a fair and open opportunity to apply for and be considered by
the President and the Board of Trustees for appointments to Boards and
Commissions.
4. Allow Board and Commission Chairpersons to participate in making
recommendations for appointments to their respective Boards and Commissions.
5. Allow the senior staff members assigned as staff support to a Board or
Commission to participate in the recommendation for appointments.
6. Facilitate an open and fair process for recruiting and selecting internal and
external candidates for Village appointments.
7. Overall, facilitate the appointment process in order to enable the President and the
Board of Trustees to make the best possible appointments of Board and
Commission members and Village officials, based on complete information
regarding the applicants.
Officials Appointed by the President (Village Attorney, Village Manager, Village
Engineer, Finance Director, Public Works Director, Fire Chief, Police Chief):
Pursuant to the Illinois Municipal Code and the Village Code, permanent
appointments are made by the President with the advice and consent of the Board of
Trustees. The selection process will be as follows:
Notice of vacancies will be published internally and in professional publications
as appropriate.
At the option of the Board of Trustees with input from the Village President, a
search firm may be engaged to assist in the recruitment of candidates.
• All candidates will submit applications providing biographical and other
requested information.
VILLAGE OF OAK BROOK Minutes Page 15 of 18 SEPTEMBER 25, 2007
10. E..
The President and Trustees may meet in closed session to review the applications
to identify finalist candidates to be interviewed when permitted by the Illinois
Open Meetings Act.
Initial interviews with the finalist candidates will be conducted by the President
and the Board of Trustees, who will attempt to reach consensus on the best
candidate or candidates. The Trustees will recommend one or more candidates to
the President.
Following the final recommendation of the Board of Trustees the President may
make an appointment, which will be forwarded to the Board of Trustees. The
President will give every consideration to the recommendations of the Board of
Trustees, however the President and Board of Trustees jointly acknowledge that
the appointment power is vested in the President subject to the advice and consent
of the Board of Trustees in accordance with the Illinois Municipal Code.
Board and Commission Members:
Pursuant to the Illinois Municipal Code and the Village Code, permanent
appointments are made by the President with the advice and consent of the Board of
Trustees. The selection process will be as follows:
Notice of any vacancies or anticipated vacancies will be published in the Village
newsletter and Civic Association newsletter, posted on the Village Website, and
announced at Village Board meetings.
Candidates may apply by completing the Village's application form, including
biographical data and other requested information.
All applicants will be interviewed in one or more noticed open meetings by an
interview panel consisting of. the President, the Liaison Trustee(s) to the pertinent
Board or Commission, the Chairperson of the Board or Commission, and the
senior staff member assigned as staff support to that Board or Commission.
The President and the Board of Trustees acknowledge that an incumbent Board or
Commission member may be reappointed without going through the interview
process.
For Boards or Commissions without an assigned Liaison Trustee (for example,
the Fire and Police Pension Boards), the President with the approval of the Board
will appoint one or two Trustees to serve on the Interview Panel.
Following the interviews in open session, the interview panel will meet in closed
session to discuss the applicants, reach consensus, and then submit its
recommendations to the President.
VILLAGE OF OAK BROOK Minutes Page 16 of 18 SEPTEMBER 25, 2007
10. E.
The President will offer a final appointment to the full Board of Trustees with the
appointee's credentials, at which time the Board of Trustees may request a joint
interview with the candidate in closed session or move forward with a vote to
provide or withhold consent.
The President shall give every consideration to the recommendations of the
Board of Trustees, however, the President and Board of Trustees jointly
acknowledge that the appointment power is vested in the President subject to the
advice and consent of the Board of Trustees in accordance with the Illinois
Municipal Code.
Motion by Trustee Carson, seconded by Trustee Kennedy, to accept this procedure
for making appointments to the Village Boards and Commissions as presented.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE G -840, AN ORDINANCE REPEALING CERTAIN
INDEMNIFICATION REQUIREMENTS AND AMENDING CHAPTER 3
(GENERAL PENALTY) AND CHAPTER 4 (ELECTED VILLAGE
OFFICIALS) OF TITLE 1 (ADMINISTRATION) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK
Per discussion in Closed Session, the Village Attorney was directed to address
Sections 1 -3 -3 and 1 -4 -3 of Title 1 of the Village Code which provide for the
indemnification of Village officials with language that mirrors parallel provisions
of the Local Governmental and Governmental Employees Tort Immunity Act.
Although well intended, Sections 1 -3 -3 and 1 -4 -3 serve no useful purpose. In
fact, Section 1 -3 -3 has proved to be problematic for the Village. The attorney
representing a particular defendant in ongoing litigation has argued that the
purpose of Section 1 -3 -3 is to expand the Village's indemnification obligations
beyond the limits of the Tort Immunity Act. To avoid that confusion, Ordinance
repeals Sections 1 -3 -3 and 1 -4 -3 of the Village Code.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, for passage of
Ordinance G -840, An Ordinance Repealing Certain Indemnification
Requirements and Amending Chapter 3 (General Penalty) and Chapter 4 (Elected
VILLAGE OF OAK BROOK Minutes Page 17 of 18 SEPTEMBER 25, 2007
10. B. 1) Village Officials) of Title 1 (Administration) of the Village Code of the Village of
Oak Brook. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None presented
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT
President Craig asked Connie Craig for a report on the Autumn Festival. She said
she had been on the committee for many years and it was a beautiful day and there
was a large turnout.
B. VILLAGE MANAGER
Manager Neimeyer concurred with Mrs. Craig's comments and
C VILLAGE CLERK
12. ADJOURNMENT
Motion by Trustee Kennedy, seconded by Trustee Sanford, to adjourn the Regular
Meeting of the Board of Trustees at 9:04 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 18 of 18 SEPTEMBER 25, 2007