Minutes - 10/23/2007 - Board of TrusteesMINUTES OF THE OCTOBER 23, 2007 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF OAK BROOK APPROVED AS AMENDED ON JANUARY 22,
2008.
1. 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 32 p.m.
President Craig invited Cub Scouts Jesse Grooms, Ryan Sidler and William Burress to the
dais to recite the Pledge of Allegiance.
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; Margaret Klinkow Hartmann, Library Director; 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, Thomas Sheahan,
Chief of Police and Trey VanDyke, Golf Club Manager.
3. PRESIDENT'S OPENING COMMENTS
President Craig announced that Cub Scout Pack #53 had made posters to encourage Oak
Brook residents and businesses to raise money for the USO who provide food vouchers for
military personnel passing through Midway airport.
Ms. Lisa Moeller, the Executive Director of Illinois USO thanked the Cub Scout Pack for
their efforts
4. RESIDENT /VISITOR COMMENT
Resident Joseph Aceto addressed the Board relative to the speed limit on 35t" Street. He
expressed concern about the traffic violations along 35t" Street and asked for remediation.
Resident Nick J. Agliata, Jr. along with a neighbor, Tom Richardson, relative to the changes
in the County Flood Plain Map. He thanked Village Engineer Durfey for his time meeting
with their neighbors to explain the situation They asked the Board to take an active part in
VILLAGE OF OAK BROOK Minutes Page 1 of 14 OCTOBER 23, 2007
5.
el
assuring that the revisions reflected were best for Oak Brook residents. President Craig
asked Manager Niemeyer to respond. He indicated that the Village was actively working
on the concerns of the residents.
Resident Mary Ann Mazukelli also spoke to the Board relative to the 35t" Street speed limit.
Her concern was the response to concerned residents indicating that the 30 mph was an
appropriate speed limit and that the speed survey was taken in the middle of the day, not
during peak times of traffic and violations. She asked the Board to review this topic again.
Manager Niemeyer responded indicating that there are several methods to be used for
determining the appropriate limit in an area based on state statute The Village used both
methods and neither method provided sufficient feedback to lower the limit. He indicated
that the limit itself was not always a deterrent, but that enforcement was the key and the
Village was looking into those issues. Village Engineer Durfey explained the process and
sought legal opinion as to whether the Village legally had the ability to lower the speed
limit at the behest of residents.
Resident Richard Allison addressed the Board as a member of the Oak Brook Citizens of
Better Government. He provided some history on the group. He expressed concern for a
legal bill that had been past due and the issues discussed in the bill. He mentioned Trustee
Kennedy's name in regard to the bill and Trustee Kennedy wished to address the issue. He
was concerned about the speculations and insinuations made in reference to the bill and
explained the one situation when he spoke with the law firm to clarify an issue.
Resident Mario Vescovi added concern for the purposes of the attorney bill He reiterated
issues that President Craig had promised during his campaign and asked what had happened
to those promises.
APPROVAL OF MINUTES
A. SPECIAL BOARD OF TRUSTEES MEETING OF SEPTEMBER 11, 2007
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the September 11, 2007 Special Board of Trustees Meeting as presented VOICE
VOTE- Motion carried.
B. REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 11, 2007
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the September 11, 2007 Regular Board of Trustees Meeting as amended. VOICE
VOTE: Motion carried.
CONSENT AGENDA
VILLAGE OF OAK BROOK Minutes Page 2 of 14 OCTOBER 23, 2007
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 OCTOBER 18, 2007 -
$1,023,159.12
Significant Items included in Above:
1) Trine Construction - Payout #4 - Westdale Garden Water Main - $148,160.77
2) Nugent Golf, Inc. - Payout #3 - Pond Bank Stabilization Project - $5,642.00
3) R. W. Dunteman Company - Payout #3 - 2007 Paving Project - $56,790.89
4) Seyfarth Shaw, LLP - Legal Services - August, 2007 $12,561.15
6) DuPage Water Commission - $179,212.43
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING OCTOBER 6, 2007 -
$741,630.11
C. COMMUNITY DEVELOPMENT REFERRALS
1) DANA PARK SUBDIVISION - SE MEYERS RD /31sT STREET - PROPOSED
MAP AMENDMENTS & VARIATIONS
Mr. Frank Drukas, the owner of the Dana Park Subdivision (three residential lots
plus detention areas) located at the southeast corner of Oak Brook Road (31"
Street) and Meyers Road, has submitted an application seeking approval of a map
amendment and possible variations in order to modify the subdivision lay -out.
In particular, the applicant is initially seeking approval of a map amendment from
R -2 to R -3 with several variations in order to increase the number of residential lots
from three to five. An alternative request is also being made for a map amendment
to R -4 without any variations.
If either request is approved, a revised final plat of subdivision will be prepared and
submitted for approval.
The requested action was to refer the requests for map amendments and variations
to the Zoning Ordinance to the Plan Commission for review and recommendation at
its November 19, 2007 meeting and to the Zoning Board of Appeals for public
hearing at its December 4, 2007 meeting.
6. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
6.D. 1) IN -HOUSE CAMERA SYSTEM
VILLAGE OF OAK BROOK Minutes Page 3 of 14 OCTOBER 23, 2007
The current internal security camera system was purchased in 2002 and installed in
2003. The system utilizes analog technology that is more than ten years old. The
Village had experienced sporadic failures with the system and does not have a
maintenance agreement with the vendor. The system is proprietary which limits the
level of support the Village of Oak Brook Information Services Department is
permitted to provide. The manner in which the system stores and retrieves data is
unreliable and does not meet the evidentiary needs of the police department.
The action requested was that the Village Board authorize staff to seek proposals
for the replacement of the internal security camera system.
E. BUDGET ADJUSTMENTS - None presented.
F. RESOLUTION R -999, A RESOLUTION AUTHORIZING THE DESTRUCTION OF
THE VERBATIM RECORD OF CLOSED MEETINGS OF THE VILLAGE OF OAK
BROOK BOARD OF TRUSTEES 04/11//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 April 11, 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.
The action requested was for passage of Resolution R -999, A Resolution Authorizing
the Destruction of the Verbatim Record of Closed Meetings of the Village of Oak
Brook Board of Trustees.
6 G. ORDINANCE G -844, AN ORDINANCE PROHIBITING BUSES ON
CANTERBERRY LANE AND AMENDING CHAPTER 1 (TRAFFIC CODE) OF
TITLE 7 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK
VILLAGE OF OAK BROOK Minutes Page 4 of 14 OCTOBER 23, 2007
6. G. Per concerns of residents, the President and Board of Trustees have directed the Village
Attorney to draft an Ordinance which adds a Section 7 -3 -102 to Chapter 1 of Title 7
prohibiting buses on certain streets, particularly Canterberry Lane.
The action requested was for passage of Ordinance G -844, An Ordinance Prohibiting
Buses on Canterberry Lane and Amending Chapter 1 (Traffic Code) of Title 7 (Motor
Vehicles and Traffic) of the Village Code of the Village of Oak Brook
H. ORDINANCE S -1210, AN ORDINANCE AUTHORIZING THE SALE,
DONATION, ELECTRONIC AUCTION OR DISPOSAL OF CERTAIN ITEMS OF
PERSONAL PROPERTY OWNED BY THE VILLAGE OF OAK BROOK
This ordinance authorizes the sale of a 1980 Ford Utility Truck that has reached the end
of its useful life due to age, service history and the inability to obtain repair parts. It has
been replaced with a 2007 Ford Utility Truck. The Village will first register this item
with an online auctioneer. If inadequate or no bids are received online, staff will
advertise for bids. If no bids are received the truck will be disposed of.
The requested action was for passage of Ordinance S -1210, An Ordinance Authorizing
the Sale, Donation, Electronic Auction or Disposal of Certain Items of Personal
Property Owned by the Village Of Oak Brook.
I. TREASURER'S REPORT - SEPTEMBER, 2007
J. AMENDMENT TO POLICY MANUAL - POLICE DEPARTMENT HOLIDAY PAY
In January of 2007 the structure of the Police Department was reorganized to include
part -time employees. Those part -time employees include Community Service Officers
assigned to the Field Division and Communications Operators assigned to the
Communications Center. Those employees are, on occasion, scheduled to work during
Village holidays and receive no additional compensation for doing so. The Police
Department is seeking to amend Article 5 Section 5C to include part-time police
department employees for the exclusive purpose of receiving Holiday Pay. The method
of determining that pay is set forth in Police Department General Order 98 -0020
The requested action was that the Village Board direct the Village Attorney to prapare
an ordinance amending Article 5 Section 5C of the Village of Oak Brook Personnel
Manual to include part-time employees for the exclusive purpose of receiving Holiday
Pay
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 14 OCTOBER 23, 2007
7. ITEMS REMOVED FROM CONSENT AGENDA
5) ODELSON & STERK, LTD., LEGAL SERVICES - SEPT., 2007 - $34,266.15
Trustees Wolin, Sanford and Kennedy had concerns relative to the Village
Prosecutor billing time for writing policy statements to be made at Village Board
meetings. Attorney Sterk agreed to remove those charges from his September
bill and to not bill such charges in the future. Trustees Wolin and Sanford also
raised concerns relative to the hiring of a prosecuting attorney without DuPage
County experience. Attorney Sterk responded that the Police Chief has
expressed satisfaction with the performance of the Village Prosecutor.
Trustees Wolin, Sanford and Kennedy also had concerns that the level of detail
for legal services was not sufficient and Attorney Sterk agreed to provide more
detail in his bills for the hours spent at Village Hall.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to authorize
payment of Odelson & Sterk, Ltd., Legal Services bill for September, 2007 in
the amount of $34,266.15. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin
Nays: 0 - None.
Absent: 0 - None. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS - None presented.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE G -843, AN ORDINANCE AMENDING CHAPTER 5 OF
TITLE 8 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK,
ILLINOIS RELATING TO WATER CHARGES, WHICH DECREASES THE
CONSUMPTION CHARGE FOR WATER
At the Village Board meeting on October 9, 2007 the Board discussed various
options related to water rates. The consensus of the Board was to implement
Option 2, which lowers the consumption charge for water from $3.25 per 1,000
gallons to $3.15 per 1,000 gallons, which is a decrease of approximately 3%
from the current rate. The new rate will be implemented for all water used after
November 1, 2007 and will be reflected on the January bill for residential
customers and the December bill for all commercial customers.
VILLAGE OF OAK BROOK Minutes Page 6 of 14 OCTOBER 23, 2007
9. B. 1) Motion by Trustee Wolin, seconded by Trustee Manofsky, for passage of
Ordinance 2007 -WA -G -843, which Decreases the Consumption Charge for Water
from $3.25 per Thousand Gallons to $3.15 per Thousand Gallons Effective
November 1, 2007. 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
1) POND BANK STABILIZATION PROJECT
Three sealed bids were received and opened on Wednesday, October 3, 2007.
Bid tabulation indicates that Erosion Restoration, LLC was the lowest bidder for
the installation of the geo textile tube specified in the bid. For the purpose of
fairly comparing the bids, staff has added a "Village Estimated Quantity"
column on the bid tabulation sheet with an extension. This column equalizes the
bid for each contractor. These quantities were not given to the contractors prior
to the bid. Contractors were asked to estimate the quantities of each size tube to
help staff understand the methodology of their stabilization solution. Staff has
reviewed references for Erosion Restoration and is satisfied.
Direct suppliers of sand and sod did not submit bids, because they were
unwilling to meet the requirements of the bid process and due to the small
quantity of the commodity required. Staff called three suppliers of sand in the
area and received the following quotes for 1,200 tons of pit or bank run mason
sand (delivered): Old Dutch $15.45 per ton, Waupaca $17.25 per ton, and
Elmhurst Chicago Stone $17.50 per ton. Staff will take delivery of the sand on
an as- needed basis during the length of the project.
The requested action was that the Village Board reject all bids received for sand
and sod since the Village can acquire from current suppliers at a lower cost.
Additional action requested that the Village Board approve a Purchase Order in
the amount of $18,540, to Old Dutch, Gary, Indiana, for the delivery of 1,200
tons of pit or bank run mason sand Staff also requested quotes for an estimated
20,000 square feet of sod (cost will be under $5,000).
Motion by Trustee Kennedy, seconded by Trustee , that the Village Board award
a contract, subject to staff review, to the lowest responsive and responsible
bidder, Erosion Restoration, LLC, Fort Lauderdale, Florida, based on unit prices
as indicated on the bid tabulation, for an estimated cost of $119,834. 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 7 of 14 OCTOBER 23, 2007
9. C. 1) Motion by Trustee Sanford, seconded by Trustee Kennedy, that the Village
Board reject all bids received for sand and sod since the Village can acquire
directly from current suppliers at a lower cost. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Motion by Trustee Kennedy, seconded by Trustee Sanford, that the Village
Board approve a Purchase Order in the amount of $18,540, to Old Dutch, Gary,
Indiana, for the delivery of 1,200 tons of pit or bank run mason sand. 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 -845, AN ORDINANCE AMENDING THE PERMITTED
USES FOR A CLASS A -1 LIQUOR LICENSE AND AMENDING CHAPTER
1 (LIQUOR CONTROL AND TITLE 4 (BUSINESS AND LICENSE
REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK
Nieman Marcus will be holding a series of events where they want to distribute
alcohol in conjunction with trunk shows and other special events. The President
and Board of Trustees have directed the Village Attorney to draft this Ordinance
which amends Chapter 1 (Liquor Control) of Title 4 (Business and License
Regulations), in regard to Class A -1 - the retail sale of alcoholic liquor for
consumption on the premises where sold - to allow the distribution of alcoholic
liquors for consumption in combination with a special event or sale which is by
invitation only and not open to the general public.
The Attorney for Nieman Marcus asked for clarification of the ordinance.
Village Attorney Sterk indicated that at the time the ordinance was prepared the
issue of "not open to the general public" does not mean that the store must be
closed, but that an area may be closed to the general public and open by
invitation only for a special event and may serve liquor.
Motion by Trustee Manofsky, seconded by Trustee Carson for passage of
Ordinance G -845, An Ordinance Amending the Permitted Uses For A Class A -1
Liquor License and Amending Chapter 1 (Liquor Control) of Title 4 (Business
VILLAGE OF OAK BROOK Minutes Page 8 of 14 OCTOBER 23, 2007
10. And License Regulations) of he Village Code of the Village of Oak Brook.
B.1) 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
D. SPECIAL SERVICE ASSESSMENT AREA - TUSCAN WOODS SOUND WALL
The possible use of a Special Service Area as a means of providing funds for the
future maintenance and /or removal of a noise wall to be placed near the Tuscan
Woods subdivision and I -88.
As previously reported by Village Engineer Dale Durfey, in anticipation of work on
I -88 by the Illinois State Toll Highway Authority, the developer of the Tuscan
Woods subdivision entered into discussions with the former Village Manager and
the Tollway about the construction of a noise wall along a portion of 1 -88.
According to the Tollway's study, the construction would affect 11 properties. The
Tollway and developer agreed to pay for the cost of the noise wall. The Tollway,
however, refused to enter into a direct agreement with a private party, and the
Village agreed to step in and facilitate the necessary agreements as long as there was
no cost to the Village. As a result, the Village and Tollway negotiated an
Intergovernmental Agreement stating that the Village is responsible for designing,
constructing, and maintaining the noise wall with the Tollway contributing to the
construction cost. As a condition of the Village's involvement in the
Intergovernmental Agreement, however, the developer was required to enter into a
separate agreement with the Village that transferred all of the Village's
responsibilities in the Intergovernmental Agreement to the developer.
The noise wall is expected to last for 20 to 30 years, and funding future maintenance
or removal of the wall is a concern for the Village. By that time, the developer of
the subdivision will have long completed its involvement in the project.
Additionally, the noise wall extends beyond the limits of the subdivision, and it,
therefore, affects other property owners in the area. Creation of a special service
area with boundaries that encompass all of the properties receiving the benefit of the
noise wall would serve as a means of obtaining funds for future maintenance by
levying a special tax on those property owners
Special Service Areas:
The Illinois Constitution permits a municipality to levy additional real estate or other
types of taxes in a particular area within its boundaries for the purpose of providing
special services to that area but not to the entire municipality. Section 7 of Article
VII of the Illinois Constitution states:
VILLAGE OF OAK BROOK Minutes Page 9 of 14 OCTOBER 23, 2007
10. D. "Counties and municipalities which are not home rule units shall have only powers
granted to them by law and the power to levy or impose additional taxes upon areas
within their boundaries in the manner provided by law for the provision of special
services to those areas and for the payment of debt incurred in order to provide
those special services."
The Special Service Area Tax Law (35 ILCS 200/27 -5, et seq.) sets forth the
procedures for establishing special service areas. The term "special services" is very
broad and includes nearly any local improvement. The following lists the basic
steps for creating a special service area.
First reasonable boundaries for the special service area must be established. The
area may be defined by identifying the area benefiting from the special service -i.e.,
the noise wall here. Next, the Village would adopt an ordinance calling for a public
hearing on the establishment of the special service area. The ordinance must
include, among other information: the boundaries of the area by legal description,
etc.; the nature of the proposed special service; the proposed tax limits, if any; the
proposed limit on any bonds to be issued, if any; the maximum number of years
during which taxes will be levied, if there is to be a maximum; the form of notice to
the property owners in the area; and the nature of the tax. A hearing must be held
for the creation of the special service area, the levy of taxes, and the issuance of
bonds. A single hearing, however, is sufficient to address all three of these matters
if applicable. The notice of hearing must be published in a newspaper at least 15
days before the hearing and mailed to the property owners /tax payers not less than
10 days before the hearing.
All of the property owners have a right to be heard at the hearing and submit written
objections. Opponents of the special service area may veto it by filing a petition
signed by 51 percent of the electors and by 51 percent of the property owners of
record in the area within 60 days following the final adjournment of the hearing.
The objectors must file the requisite number of signatures in both groups. See 35
ILCS 200/27 -55; Ciacco v. City of Elgin, 85 Ill.App.3d 507, 407 N.E.2d 108 (2nd
Dist. 1980). Each resident of the special service area registered to vote at the time of
the public hearing is an "elector." Each person in whose name legal title to land
located within the special service area is held, according to county records, is an
"owner of record." If the objectors obtain the requisite number of signatures, then
the proposed special service area is defeated, and the subject matter of the petition
cannot be proposed relative to any signatories of the petition for two years.
If the special service area is not defeated by petition, the Village must then adopt an
ordinance actually establishing the special service area. The Village may adopt this
required ordinance immediately after the final adjournment of the public hearing as
long as the effective date is deferred for the 60 -day filing period and is contingent on
a successful petition not being filed. Once the Village adopts the ordinance
VILLAGE OF OAK BROOK Minutes Page 10 of 14 OCTOBER 23, 2007
10. D. establishing the special service area, it must file a certified copy of the ordinance
with a map of the special service area attached with the county clerk. This should be
done within 60 days of the effective date of the ordinance.
Among the advantages of using a special service area are that it can be accomplished
more quickly procedurally and for a lower cost than using special assessment
financing. The special service area can be taxed as the need to maintain, replace, or
remove the noise wall arises in the future. Assuming the Village Board is interested
in proceeding with the special service area, we will prepare all of the necessary
paperwork and advise you of the additional details in the process.
Motion by Trustee Wolin, seconded by Trustee Kennedy, to direct the Village
Attorney to prepare the necessary ordinances calling for a public hearing on the
establishment of a Special Service Area for funding future maintenance of the
Tuscan Woods sound wall. VOICE VOTE: Motion carried.
E. INSITE DISCONNECTION /ANNEXATION INTERGOVERNMENTAL
AGREEMENT
Recently, the Village of Oak Brook approved several ordinances in order for the
property located at 1603 16th Street to be redeveloped as a Fifth/Third Bank with a
drive -thru facility.
As part of Village's formal review of that project, it was disclosed by the applicant
that a small tract of land (less than 1/3 acre in size) located at the southern end of the
property was owned by the applicant but was under the jurisdiction of the City of
Oakbrook Terrace. Through discussions between the property owner, Fifth/Third
Bank and representatives from both Oak Brook and Oakbrook Terrace, it was agreed
that steps should be taken to make the entire parcel under the jurisdiction of one
municipality (e.g., Village of Oak Brook).
Accordingly, the intergovernmental agreement has been developed jointly by the
Village of Oak Brook and City of Oakbrook Terrace which describes the process for
disconnection and annexation of the property in question.
10 E. Motion by Trustee Wolin, seconded by Trustee Kennedy, to approve the
Intergovernmental Agreement between the Village of Oak Brook and the City of
Oakbrook Terrace. ROLL CALL VOTE -
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays • 0 - None
Absent: 0 - None Motion carried.
F. FINANCIAL REPORT OF THE 2007 OAK BROOK AUTUMN FESTIVAL
Resolution 2006 -BD- AFC -R -958 established the Ad Hoc Committee for the 2007
Autumn Festival. The resolution requires that the Committee evaluate the 2007
VILLAGE OF OAK BROOK Minutes Page 11 of 14 OCTOBER 23, 2007
10. F. Autumn Festival and to make recommendations concerning future events. Attached
is the financial report of the 2007 event in which the Committee met and
recommended that the Village Board of Trustees consider approval of a 2008 Oak
Brook Autumn Festival Event. The Committee requests that funds remaining in the
amount of $1,449.06 from the successful 2007 Autumn Festival event be designated
for the 2008 Autumn Festival event.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to direct the Village
Attorney to draft the necessary resolution establishing an Ad Hoc Committee for the
purpose of planning and coordinating the 2008 Oak Brook Autumn Festival.
VOICE VOTE: Motion carried.
G. PROPOSED UPDATE - TITLE 10 - BUILDING REGULATIONS
The Village's current set of building codes and regulations were last updated in 2001
(Ord. G -683). At that time, Oak Brook adopted the 2000 International Code series
and was one of the first communities in the area to do so.
To ensure that the Oak Brook continues to be at the cutting edge of building code
technology, Staff is recommending that a process be initiated to review its current
codes with the goal of adopting the 2006 International Code series (with local
amendments) by the end of the first quarter of 2008 and include:
• 2006 International Building Code
• 2006 International Residential Code
• 2006 International Mechanical Code
• 2006 International Fuel Gas Code
• 2006 International Energy Conservation Code
• 2006 International Property Maintenance Code
• 2006 International Existing Buildings Code
• 2006 International Performance Code
• 2006 International Electrical Code Administrative Provisions
• 2008 National Electric Code
• 2006 NFPA Life Safety Code
• 2004 State of Illinois Plumbing Code
• 2004 State of Illinois Elevator Code
At this time, it is anticipated that our local code amendments could include
recommended language that addresses the following important issues:
1. Residential sprinkler systems.
2. The future use of Dryvitt as an exterior finish for residential structures.
3. The use of plastic pipe for some type of plumbing work.
4. Low voltage wiring systems.
5. Surge protection systems and alternatives.
6. Providing greater clarity relative to the scope of the Property Maintenance Code...
Prior to bringing the final amendments to the Village Board for adoption, Staff
VILLAGE OF OAK BROOK Minutes Page 12 of 14 OCTOBER 23, 2007
10. would actively seek out the input from its residential and corporate citizens to ensure
G. that the amendments do not result in an overly bureaucratic process or create
excessive costs which, may hinder new construction in Oak Brook.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with staff
recommendation to initiate a process to update Title 10 - Building Regulations.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
H. OAK BROOK PARK DISTRICT INTERGOVERNMENTAL AGREEMENT -
BOARD OF FIRE & POLICE POWER TEST
The Oak Brook Park District has agreed to administer the Power /Agility Test on
November 17, 2007 for the Oak Brook Board of Fire and Police Commissioners
(BFPO) as part of their 2007 Entry -Level Police Officer Application Process. In the
past, a private contractor has been utilized who administered the test at Willowbrook
High School, but it was felt by Village staff and the BFPC that the level of service
could be improved as well as the ease of dealing with one entity instead of two. The
Park District's fees for testing the applicants are comparable with the private
contractor used in 2005.
Motion by Trustee Manofsky, seconded by Trustee Carson, to approve an
intergovermental agreement between the Village of Oak Brook and the Oak Brook
Park District. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin
Nays: 0 - None
Absent- 0 -None Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT - President Craig announced the Chriskindlemarket at the
Oakbrook Center beginning October 26.
He also informed residents of a liquor hearing in regard to a local establishment. A
fine of $2,000 was negotiated with the establishment who agreed to make a donation
to the Historical Society in that amount. Attorney Sterk clarified for Trustee Sanford
that it was legal to have an establishment voluntarily donate additional funds and
make that donation to another entity. The Village's Code establishes a maximum
$1,000 fine for a first time offender. Normally that fine would go into the General
Fund.
VILLAGE OF OAK BROOK Minutes Page 13 of 14 OCTOBER 23, 2007
11. B. VILLAGE MANAGER - Manager Niemeyer reported on the Illinois Municipal
Conference which he attended during the weekend.
C. VILLAGE CLERK - Clerk Pruss commented on the Oak Brook Civic Society's
newsletter and reminded residents that they support the printing and mailing costs of
the newsletter via the sales of vehicle stickers. She also reminded residents about the
extended dates of the Bath & Tennis Club Wednesday Buffet.
12. ADJOURNMENT
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to adjourn the Regular
Meeting of the Board of Trustees at 9:22 p.m VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 14 of 14 OCTOBER 23, 2007