Minutes - 10/27/2009 - Board of TrusteesMINUTES OF THE OCTOBER 27, 2009 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AS
AMENDED ON JUNE 8, 2010.
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 7:00 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 Stelios Aktipis, James Carson, Mark
Moy, Moin Saiyed, Gerald Wolin and Elaine Zannis.
ABSENT: None.
IN ATTENDANCE: David Niemeyer, Village Manager; Mark Sterk, Village Attorney;
Robert L. Kallien, Jr., Director of Community Development;
Sharon Dangles, Acting Finance Director; Tom McEllin, Fire Chief; Sue
Madorin, Acting Library Director; Michael Hullihan, Public Works
Director; Thomas Sheahan, Chief of Police and Trey VanDyke, Sports
Core Director.
3. PRESIDENT'S OPENING COMMENTS
President Craig stated that they had invited Nancy Wolfe, First Assistant States Attorney
from DuPage County, to speak about ethics in government and asked Trustee Carson to
give more explanation on the matter and to introduce Nancy Wolfe.
Trustee Carson explained the rules that elected officials have to follow. Trustee Carson
stated that he attended an ethics training conference that was offered by Joe Birkett's
Office, the DuPage County State's Attorney; Trustee Carson stated it was very
informative and that everyone would benefit from knowing the information. Trustee
Carson introduced Nancy Wolfe to speak about ethics in government.
Nancy Wolfe spoke on the ethics policy and rules for Elected Officials and answered
questions afterwards.
Trustee Aktipis questioned if a Trustee sent an email to other Trustees stating an opinion,
but not looking for feedback from them would this be considered a violation. Nancy
Wolfe stated that it would not be considered a violation under the Open Meetings Act,
because it is not considered a meeting unless there is a majority of the quorum.
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RESIDENTNISITOR COMMENT
Resident Joseph Mundschean, representing the Butler District 53 School Board, addressed
the Board to give recognition to the Police Department and Chief Sheahan for an
outstanding relationship between the School Board and the Police Department and also to
say thank you.
Resident Kim Rosas addressed the Board to say thank you to the Board for the support
they gave the Police department to continue with the Youth Programs within the Police
Department. She also gave special thanks to Officer Mark Kozlowski and Officer Robin
Froehlich for their hard work they do in the Youth Programs.
Resident Jeff Kennedy addressed the Board as President of the Oak Brook Club Master
Association to speak in favor of the proposed R -5 Multi - family Zoning Districts and to
urgently request that the Oak Brook Club be rezoned as an R -5 Multi - family Zoning
District.
Residents Ed Main and Mike Hughes addressed the Board speaking in favor of the
proposed R -5 Multi- family Zoning Districts.
APPROVAL OF MINUTES — None presented
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 October 23, 2009 - $ 622,409.71
Significant Items included in Above:
1) Legal Bills
a. Odelson, Odelson & Sterk, Ltd. — Legal Services - September, 2009 -
$29,891.06
b. Seyfarth Shaw, LLP — Legal Services — September, 2009 - $4,202.34
2) DuPage Water Commission - $203,384.26
3) James J. Benes & Associates — Payout #4 — Timber Trails W.M. Design -
$14,071.24
B. Approval of Payroll for Pay Period Ending October 17, 2009 - $ 713,359.85
C. Community Development Referrals
VILLAGE OF OAK BROOK Minutes Page 2 of 8 REGULAR MEETING OF
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D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Pool Heater
E. Budget Adjustments
F. Ordinances & Resolutions
1) Ordinance 2009 -BND -G -900, An Ordinance Providing for the Transfer of Permit
Bonds to the Village's General Fund Unrestricted Fund Balance
2) Ordinance 2009- TX -UT -G -902, An Ordinance Further Amending Ordinance G-
470, Establishing a Utility Tax Within the Village of Oak Brook, Illinois
G. Monthly Treasurer's Report— September 30, 2009
H. Jorie Blvd LAPP Project/Local Agency Agreement for Federal Participation
L Renewal of Annual Maintenance Agreement with Aclara Technologies for
Automated Meter Reading (AMR) System
Cancellation of the Regularly Scheduled Committee -of- the -Whole Meetings of
November 23, 2009 and the Regular Board of Trustees Meetings of November 24,
2009.
Motion by Trustee Aktipis, seconded by Trustee Wolin, to approve the Consent Agenda
and authorize expenditures as presented or amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
ITEMS REMOVED FROM CONSENT AGENDA - None
BOARD & COMMISSION RECOMMENDATIONS
A. Village of Oak Brook — Text Amendment — Amend the Zoning Ordinance to include
an R -5 District, Amend Definitions to include Duplex, Town home, Condominium
Residential Developments and Amend the B -1, B -3 and INST Districts to eliminate
inconsistencies
Trustee Moy explained the reason for the Amendment to the Zoning Ordinance to include
an R -5 District.
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Motion by Trustee Moy, seconded by Trustee Aktipis, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals approving;
a. the proposed R -5 District text,
b. the proposed definitions,
c. the proposed amendments to eliminate inconsistencies, and
d. address the request from the Oak Brook Club to be granted the R -5 designation,
and authorize the Village Attorney to prepare the necessary ordinance for final
consideration at the November 10, 2009 Board of Trustees meeting.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
B. Village of Oak Brook — Text Amendment — Amend Planned Development Regulations
Trustee Moy stated that the Plan Commission, at its meeting on September 21, 2009,
completed their review and deliberations, and the Zoning Board of Appeals conducted the
required public hearing at its meeting on October 6, 2009 on a request from the Village of
Oak Brook to amend the recently approved Planned Development regulations. He stated
that currently within those regulations an exception exists that allows projects which meet
all underlying zoning provisions to be exempt from the Planned Development regulations.
He stated that after further review, some minor changes are needed to improve the clarity
and intent of that exemption.
Motion by Trustee Moy, seconded by Trustee Wolin, to concur with the recommendations
from the Plan Commission and Zoning Board of Appeals approving a text amendment to
Section 13 -15 -5F of the Planned Development regulations and authorize the Village
Attorney to prepare the necessary ordinance for final consideration at the November 10,
2009 Board of Trustees meeting. VOICE VOTE: Motion Carried.
C. Village of Oak Brook — Map Amendment — Planned Development Overlay District
Trustee Moy stated that the Plan Commission, at its meeting on September 21, 2009,
completed its review and deliberations, and the Zoning Board of Appeals held the
required public hearing at its meeting on October 6, 2009 on a petition from the Village of
Oak Brook seeking approval of a Map Amendment to designate the Planned Development
Overlay District. He stated that this step is necessary to indicate on the Zoning Map
which areas of the Village are subject to the Planned Development regulations.
VILLAGE OF OAK BROOK Minutes Page 4 of 8 REGULAR MEETING OF
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Motion by Trustee Moy, seconded by Trustee Saiyed, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals approving a
map amendment to depict the Planned Development Overlay District on the Village's
Zoning Map and that the three (3) parcels of property located on York Road, north of the
I -88 Toll Road, commonly known as 1800, 1802 and 1806 York should be included in the
Overlay District and authorize the Village Attorney to prepare the necessary ordinance for
final consideration at the November 10, 2009 Board of Trustees meeting. VOICE VOTE:
Motion Carried.
9. UNFINISHED BUSINESS
A. Historical Society Agreement
Trustee Carson stated that there has been a lot of work by Kathy Maher and several other
people in the community to get this into a workable lease that everyone can agree upon.
Motion by Trustee Carson, seconded by Trustee Wolin, to approve the lease agreement
between the Village of Oak Brook and the Oak Brook Historical Society.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
10. NEW BUSINESS
A. Confirmation of Appointments
1) Plan Commission
President Craig stated he would like to approve the appointments of Thomas Doyle, Dr.
Raymond Dunn and Robert Lindgren to the Oak Brook Plan Commission and would also
like to appoint an existing member, Marcia Tropinski to the Chairman position of the Plan
Commission.
Motion by Trustee Wolin, seconded by Trustee Zannis, to approve the appointment of
Thomas Doyle to the Plan Commission to a term to expire in 2012. VOICE VOTE:
Motion Carried.
Motion by Trustee Wolin, seconded by Trustee Zannis, to approve the appointment of Dr.
Raymond Dunn to the Plan Commission to a term to expire in 2011. VOICE VOTE:
Motion Carried.
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Motion by Trustee Aktipis, seconded by Trustee Zannis, to approve the appointment of
Robert Lindgren to the Plan Commission to a term to expire in 2011. VOICE VOTE:
Motion Carried.
Motion by Trustee Saiyed, seconded by Trustee Aktipis, to approve the appointment of
Marcia Tropinski to the Chairman position of the Plan Commission. VOICE VOTE:
Motion Carried.
B. Ordinances & Resolutions — None presented
C. Award of Contracts — None presented
D. Taste of Oak Brook Consulting Agreement
Trustee Zannis stated that this consulting agreement would be between the Village of Oak
Brook and Tamar Productions to last for one year or until the 2010 Taste of Oak Brook
event is concluded. The cost of this agreement is $15,000. She stated that this will be the
second year the Village of Oak Brook will be using these consultants and due to their
participation the Taste of Oak Brook last year was bigger, better and cost the Village of
Oak Brook less money then it did in the previous year. She stated there would be no
underwriting by the Village so it would have a positive revenue impact for the Village.
Motion by Trustee Zannis, seconded by Trustee Carson, to approve the Taste of Oak
Brook consulting agreement between the Village of Oak Brook and Tamar Productions in
the amount of $15,000. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
E. Intergovernmental Agreement with IDOT for Improvements to Traffic Signals at 22 "d
Street and Jorie Blvd and McDonald's Drive
Trustee Wolin stated that we are nearing the completion of the reconstruction of 22nd
Street where the tollway bridge is being widened, which should be done by Thanksgiving.
He stated that leaves a few of the last details, which are the traffic signals at 22nd Street,
Jorie Boulevard and McDonald's Drive, which need to be replaced. He stated that the
good news is that IDOT is going to pay 90% of the replacement cost and the total cost is
$759,000. The Village's share is 10 %, which comes out to be $75,900. Trustee Wolin
stated that there will be additional expenses for the emergency equipment so when fire or
police need to go through the lights in an emergency they will have capabilities to change
the lights.
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Motion by Trustee Wolin, seconded by Trustee Zannis, to approve an intergovernmental
agreement with the Illinois Department of Transportation for improvements to traffic
signals at 22 "d Street and Jorie Boulevard and McDonald's Drive. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
David Niemeyer, Village Manager stated that he, Sharon Dangles, Acting Finance
Director, and Blaine Wing, Assistant Village Manager are working on finalizing the 2010
Budget. Village Manager Niemeyer stated that the Board will be receiving a packet this
weekend, so it will give them a couple of weeks to review the information before the
Budget Hearings on November 17th and 20th. In addition to the packet, he stated that they
are also reviewing this information with the Financial Advisory Committee and expect
some additional input to be given to the Board.
B. VILLAGE CLERK
Village Clerk Pruss informed the resident about the 2010 Census and encourage them all
to fill out the Census and the importance of the completion of the Census.
C. TRUSTEES —None presented
D. VILLAGE PRESIDENT
ADJOURN TO CLOSED MEETING 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 (2cII) and to discuss collective negotiating matters between the public body
and its employees or their representatives, or deliberations concerning salary schedules for
one or more classes of employees (2c2).
Motion by Trustee Zannis, seconded by Trustee Aktipis, to adjourn to Closed Meeting 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 (2c11) and to discuss collective negotiating
matters between the public body and its employees or their representatives, or
deliberations concerning salary schedules for one or more classes of employees (2c2).
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ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 -None.
Absent: 0 - None. Motion carried.
The meeting was adjourned to Closed Meeting at 8:35 p.m.
ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Moy, to adjourn the Regular Meeting of
the Board of Trustees at 10:11 p.m. VOICE VOTE: Motion carried.
ATTEST:
Charlotte K. Pruss /s/
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 8 of 8 REGULAR MEETING OF
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