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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. VILLAGE OF OAK BROOK MINUTES Page 1 of 8 REGULAR MEETING OF NOVEMBER 9, 2010 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. VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF NOVEMBER 9,20 10 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 VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF NOVEMBER 9,20 10 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. VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF NOVEMBER 9, 2010 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 VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF NOVEMBER 9, 2010 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, VILLAGE OF OAK BROOK MINUTES Page 6 of 8 REGULAR MEETING OF NOVEMBER 9,20 10 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. VILLAGE OF OAK BROOK MINUTES Page 7 of 8 REGULAR MEETING OF NOVEMBER 9,29 10 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 VILLAGE OF OAK BROOK MINUTES Page 8 of 8 REGULAR MEETING OF NOVEMBER 9, 2010