Minutes - 11/09/2010 - Board of TrusteesMINUTES OF THE NOVEMBER 9, 2010 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 14,
2010.
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
John W. Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:02
pm. 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: Blaine Wing, Acting Village Manager; Robert Kallien, Community
Development Director; Sharon Dangles, Finance Director; Thomas McEllin, Fire Chief;
Sue Madorin, Library Director; Thomas Sheahan, Police Chief; Michael Hullihan, Public
Works Director; Trey VanDyke, Sports Core Director; and Mark Sterk, Village Attorney.
3. PRESIDENT'S OPENING COMMENTS
President Craig announced that Blaine Wing will be Acting Manager since David Niemeyer
is on vacation.
President Craig also announced that he returned a contribution he received from a local
business.
President Craig thanked Trustees Moy and Wolin, David Niemeyer, Blaine Wing, Chief
Tom McEllin and Mark Sterk for negotiating a contract with the fire union. He stated the
goal is to negotiate a contract that is fair and affordable to the Village now and in the future.
President Craig further announced that the Village has been awarded a $569,000 grant to
improve 22 "d Street from Spring Road to Salt Creek. He stated the grant was awarded
through a competitive grant process through the Illinois Transportation Enhancement
Program. He further stated the project will consist of installing planters, trees, shrubs, and
groundcovers in the median and an irrigation system to keep all the plants healthy will be
installed as well.
4. RESIDENTNISITOR COMMENT
Attorney Reese Peck spoke on behalf of the Forrest Glen Homeowners Association
regarding a violation of a zoning regulation which pertains to height of fences. A resident
built a 48 inch fence and the code states fences cannot be above 42 inches unless the
resident has a pool. He stated that nothing has been done by the Village to enforce the
violation and that the Village is bound to enforce. He further stated that further action by
the home owners association will occur if the Village does not enforce the violation.
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Trustee Moy asked Mr. Peck why bring up the issue now since the fence has been up since
2001 and why make a big deal for such a small deviation. Mr. Peck stated that the reason
why the issue is being brought up now is that it was detected only a few years ago and the
association took action at that time. He further stated that the zoning ordinance has to be
enforced.
Trustee Aktipis stated that this is a violation of Village ordinance and the Association's
bylaws. He asked if the association has been aggressive with this matter. Mr. Peck stated
that there was a lawsuit but the resident's attorney argued successfully to get a portion of
the lawsuit dismissed.
Trustee Moy stated he seen fences that are similar in size in the same area. Harry Peters
stated these residents have pools and are not in violation.
Attorney Mark Sterk stated that the enforcement of the violation by the Village is
discretionary and that the resident built the fence because they have a special needs child.
He also stated that Judge Popejoy dismissed the entire case. He further stated that the
resident is filing a variance petition by the end of the week and it will be a waste of the
Village's money to bring this case to court. Mr. Peck stated that he does not agree with
Attorney Sterk's assessment.
Resident Harry Peters, President of Forrest Glen Homeowners Association, stated that they
are appealing Judge Popejoy's decision. He stated that he is outraged that the Village chose
to not enforce an ordinance violation that would have cost the resident $750 a day in fines.
He demands that the right thing be done by enforcing the violation.
Resident Harry Peters also stated that the Finance Committee meetings need to be
videotaped.
Resident Robert Sanford stated that the Finance Committee meetings need to be videotaped
and recorded and placed on the Village website. He recommends the Board disband the
Finance Committee. He also stated that all departments have to be studied by an outside
consultant regardless of who will be taking the early retirement incentive. He further stated
that he still has not received an answer by President Craig regarding who the candidate
running against him is that said he will raise taxes.
Attorney Sterk stated that a complaint has been filed with the Attorney General's Office
regarding the Finance Committee and the Village received a letter from the Attorney
General stating the Finance Committee is in compliance with the Open Meetings Act.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 14, 2010
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Regular Board of
Trustees Meeting of September 14, 2010. VOICE VOTE: Motion carried.
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6. CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be enacted
in one motion. There will be no separate discussion of these items unless a Board member
so requests, in which event, the item will be removed from the Consent Agenda and
considered as the first item after approval of the Consent Agenda.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING NOVEMBER 5, 2010 -
$769,108.42
Significant Items included in Above:
1) Seyfarth Shaw, LLP — Legal Services — September, 2010 - $1,481.25
2) PirTano Construction — Payout #8 — 2010 Water Main Replacement Project -
$217,667.66
3) Debt Services Payment — 2003 Installment Contract Certificates (Sports Core) —
$105,050.00
4) Debt Services Payment — 2009 Installment Contract Certificates (General Fund) —
$272,187.50
B. APPROVAL OF PAYROLL
1) Payroll for Pay Period Ending October 30, 2010 - $657,405.89
C. COMMUNITY DEVELOPMENT REFERRALS — None
D. AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS OR STATEMENT OF
QUALIFICIATIONS OR NEGOTIATE CONTRACT
1) Authorization to Issue Request for Qualifications — 2011 Motor Fuel Tax Road
Improvements — Professional Services
2) Authorization to Bids - Mosquito Abatement Services
3) Authorization to Request Proposals — Water System Cross - Connection Control
Program
E. BUDGET ADJUSTMENTS- None
F. ORDINANCES & RESOLUTIONS
1) Resolution 2010- TX -MFT -R -1082, Resolution for Maintenance of Streets and
Highways by Municipality Under the Illinois Highway Code
2) Ordinance 2010- FI- TX -BU -S -1297, A Comprehensive Amendment to Ordinance
S -957 which Amended Certain Finance, Taxation and Budget Policies of the
Village President and Board of Trustees of the Village of Oak Brook
3) Ordinance 2010- SSA -S -1298, An Ordinance Proposing the Establishment of
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Special Service Area No. I by the Village of Oak Brook for Construction Sanitary
Sewer and Highway improvements, and providing for a Public Hearing and Other
Procedures in Connection Therewith
G. BRITTWOOD CREEK SUBDIVISION EXTENSION OF COMPLETION DATE
H. NORCOMM CONTRACT
I. CANCELLATION OF THE NOVEMBER 23, 2010 REGULAR BOARD OF
TRUSTEES MEETING
Motion by Trustee Saiyed, seconded by Trustee Zannis 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
Abstain: 0 — None
Absent: 0 —None
Motion carried.
ITEMS REMOVED FROM CONSENT AGENDA
Items #6A3, 6A4 and 6F1 were removed by Trustee Zannis for further clarification from
Finance Director Sharon Dangles and Public Works Director Michael Hullihan for
transparency purposes.
Motion by Trustee Zannis, seconded by Trustee Moy to approve items removed from the
consent agenda.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 —None
Absent: 0 —None
Motion carried.
BOARD & COMMISSION RECOMMENDATIONS
A. TREE HOUSE — ARDEN REALTY — 2001, 2015 AND 2021 SPRING ROAD —
VARIATION — SIGN REGULATIONS — SECTION 13- 11 -10E.4 — WALL SIGN
1) ORDINANCE 2010- ZO- V -EXI- 51299, AN ORDINANCE GRANTING A
VARIATION TO ALLOW WALL SIGNS ABOVE THE ROOFLINE OF THE
BUILDINGS AT 2001, 2015, AND 2021 SPRING ROAD
Presented by Trustee Moy. Trustee Moy stated that this is a request for variance on
signage. He stated that Tree House Foods is moving their headquarters to Oak Brook and
the building has a very unique frontage that does not allow for adequate signage. Tree
House Foods is requesting that the sign be put on top of the mechanical penthouse.
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Trustee Aktipis asked if staff has seen a plan on the mechanicals of how the sign will be
supported. Community Development Director Kallien stated that he does not envision any
problems with the sign.
Chris Lowe from Ardin Realty addressed the concerns of Trustee Aktipis.
Motion by Trustee Moy, seconded by Trustee Zannis to concur with the recommendation of
the Zoning Board of Appeals and approve the requested variation in order to place wall
signage above the roolline of the buildings located at 2001, 2015, and 2021 Spring Road
and approve attached Ordinance S -1299.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 —None
Absent: 0 —None
Motion carried.
B. VILLAGE OF OAK BROOK —1200 OAK BROOK ROAD — TEXT AMENDMENTS
AND SPECIAL USE — VILLAGE OWNED COMMUNICATION TOWER
1) TEXT AMENDMENTS — AMEND SECTION 13 -6A -2 AND SECTION 13 -6A -3
OF THE ZONING ORDINANCE TO INCLUDE TEXT RELATING TO
VILLAGE OWNED COMMUNICATION TOWERS
a) ORDINANCE 2010- ZO -TA -G -938, AN ORDINANCE APPROVING A TEXT
AMENDMENT TO SECTION 13 -6A -2B AND SECTION 13- 6A -3D -2 OF THE
ZONING ORDINANCE
2) SPECIAL USE — AMEND SPECIAL USE ORDINANCE S -972 TO ALLOW THE
CONSTRUCTION OF A VILLAGE OWNED COMMUNICATION TOWER AT
1200 OAK BROOK ROAD
a) ORDINANCE 2010- ZO -SU -S -1300, AN ORDINANCE AMENDING AN
ORDINANCE GRANTING A SPECIAL USE FOR A VILLAGE OWNED
COMMUNICATION TOWER FOR THE PROPERTY AT 1200 OAK BROOK
ROAD
Presented by Trustee Moy. Trustee Moy stated that this is a request to increase the height
of the Village's communication tower by AT &T. He stated that the tower was built in 2007
by Sprint. He stated that AT &T proposed to add 15 feet to the tower at their cost and put in
their communication antennas. The top 5 feet of the tower will be used by the Village. He
further stated that the Village will receive $2,500 a month in revenue from AT &T for
leasing the space.
Motion by Trustee Moy, seconded by Trustee Carson to concur with the recommendation
from the Plan Commission and Zoning Board of Appeals and approve the requested text
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Q
10.
amendments to establish a maximum height of the Village owned communications tower
and approve attached ordinance G -938 and to concur with the recommendation from the
Plan Commission and Zoning Board of Appeals and approve the requested amendment to
the existing special use to permit a 95 foot Village owned communications tower at 1200
Oak Brook Road and approve attached ordinance S -1300.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 —None
Absent: 0 —None
Motion carried.
UNFINISHED BUSINESS — None
ACTIVE BUSINESS — None
A. CONFIRMATION OF APPOINTMENTS — None
B. ORDINANCES & RESOLUTIONS — None
C. AWARD OF CONTRACTS — None
D. LEASE AGREEMENT WITH AT &T
Presented by Trustee Carson. Trustee Carson stated that the lease agreement with AT &T
will generate $30,000 in revenue a year. He stated that Assistant Village Manager Blaine
Wing spoke to Homeowner Association Presidents regarding building additional height on
the tower and addressed any concerns they had.
Motion by Trustee Carson, seconded by Trustee Wolin to approve the attached Lease
Agreement with AT &T, subject to final review and approval by staff and the Village
Attorney.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
E. BUTLER NATIONAL GOLF CLUB — FOURTH MODIFICATION OF USE OF
GOLF PRACTICE AREA EASEMENTS
Presented by Trustee Zannis. Trustee Zannis asked Sports Core Director Trey VanDyke to
give a brief overview. He stated that this modification is an extension of the Third
Modification of use of Golf Practice Area Easements previously approved by the Board.
He stated the Village gains rights to host Village events on the property. He also stated that
Butler National will pay additional lease payments of $20,000 in 2010, $25,000 in 2011,
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and $40,000 in 2012, 2013 and 2014.
Motion by Trustee Zannis, seconded by Trustee Aktipis to authorize a fourth modification
of the golf practice area easements with Butler National Golf Club.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER —None
B. VILLAGE CLERK
1) 83% of Oak Brook residents returned census forms.
2) Voter registration can be done at the Village Hall by the Clerk's Office.
C. TRUSTEES
Trustee Zannis stated that she read the report done by ETSB regarding consolidation of
their 911 centers for DuPage County communities. She stated she would like to direct staff
to request ETSB to conduct a study for our area and maybe be a back -up to DuComm.
Trustee Aktipis expressed his confidence and support of the Finance Committee. He stated
he is disturbed by the unfair attacks the Committee have been receiving. He stated that the
Committee's concern of being misquoted is justified and video recordings of the meetings
should be placed on the Village website.
Trustee Saiyed stated that he agrees that video of the Finance Committee meetings should
be on the Village website so there will be no misunderstandings in the future.
Trustee Zannis stated that she does not envision the disbanding of the Finance Committee.
D. VILLAGE PRESIDENT
President Craig stated that he is requesting that the Request for Proposals process for a
Police Department study be done in the first quarter of 2011. He also stated that the Police
Department should get a commendation for their success on an identity theft case. Police
Chief Sbeahan gave a brief overview of the investigation and case.
Trustee Aktipis congratulated the Police Department.
Trustee Saiyed thanked Tracy from the Chamber of Commerce for her work.
President Craig also stated that David Niemeyer and Blaine Wing are working with a
nationally recognized fire equipment company that will supply the Village with an analysis
and cost estimate on repairing the Village's Ladder truck.
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President Craig asked all to recognize veterans on November 11 a' and asked all Veterans in
the audience to please stand up and be recognized.
12. ADJOURN TO CLOSED MEETING 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) 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 (2cl)
Motion by Trustee Moy, seconded by Trustee Carson to adjourn to closed meeting 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) 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).
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
This meeting was adjourned to Closed Meeting at 8:18 pm.
13. ADJOURNMENT
Motion by Trustee Zannis, seconded by Trustee Wolin to adjourn the Regular Meeting of
the Board of Trustees at 9:49 pm. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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