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Minutes - 12/08/2009 - Board of Trustees (2)'r -.? MINUTES OF THE DECEMBER 8, 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 7:58 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, Gerald Wolin and Elaine Zannis. ABSENT: Trustee Moin Saiyed IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Robert L. Kallien, Jr., Director of Community Development; Sharon Dangles, Acting Finance Director; Thomas McEllin, Fire Chief, Sue Madorin, Acting Library Director; Michael Hullihan, Public Works Director; Thomas Sheahan, Chief of Police and Trey Van Dyke, Sports Core Director. PRESIDENT'S OPENING COMMENTS President Craig commented on a letter he received regarding the Sign Ordinance progress. Mr. Lindeman believes that President Craig has put this project on the back burner due to a political situation. President Craig denied the claim and said he tries to make the right decisions for the Village. 4. RESIDENTNISITOR COMMENT Resident Bill Lindeman clarified his position and stated that the lack of progress on the sign ordinance was politically motivated as two of the most active members on the committee that handled Village Beautification and Commercial Redevelopment were supporters of opposing candidates. He stated that the committee was dissolved due to the inaction of the Village President to appoint members. 5. APPROVAL OF MINUTES —None 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. VILLAGE OF OAK BROOK Minutes REGULAR MEETING OF December 8, 2009 Page 1 A. ACCOUNTS PAYABLE FOR PERIOS ENDING DECEMBER 4, 2009 - $414,991.44 Significant Items included in Above: 1) Legal Bills a. Hervas, Condon & Bersani, P.C. —Legal Services —October, 2009 - $1,411.40 (Listed on the 11.20.09 Accounts Payable Report) b. Seyfarth Shaw, LLP — Legal Services — October, 2009 - $10,436.48 c. Odelson & Sterk, Ltd. —Legal Services -October, 2009 - $28,132.10 2) Oak Brook Area Chamber of Commerce — Overnight Stays Project —Third Quarter Expenses- $15,000 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING NOVEMBER 28, 2009 - $ 703,897.99 C. COMMUNITY DEVELOPMENT REFERRALS D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS Pump Station Improvements E. BUDGET ADJUSTMENTS Sports Core — B & T Clubhouse Full Time Salaries Due to Transition Costs and Golf General Operation Salaries F. ORDINANCES & RESOLUTIONS 1) Resolution No. 2009- AG- NIG -EXl -R -1062, A Resolution Approving and Authorizing the Execution of an Intergovernmental Agreement Establishing the Northern Illinois Municipal Gas Franchise Consortium 2) Ordinance 2009- CD -BC -G -908, An Ordinance Revising the Fee and Bond Schedule by Amending Chapter 4 (Fees and Bonds) of Title 10 (Building Regulations) of the Village Code of the Village of Oak Brook 3) Ordinance 2009- PW -SWM- FEE -G -907, An Ordinance Revising Plan Review Fees and Amending Sections 8 -5 -2, 8 -5 -4 and 9 -7 -8 of the Village Code of the Village of Oak Brook 4) Ordinance 2009 -FD- CPR -FP- FEES -G -910, An Ordinance Revising the Fire Departmental Fees by Amending Chapter 2 (Fire Department) of Title 3 (Public Safety) of the Village Code of the Village of Oak Brook 5) Ordinance 2009- FD -ALR -G -911, An Ordinance Revising the False Fire Alarm Service Charge by Amending Chapter 2 (Fire Prevention) of Title 10 (Building Regulations) of the Village Code of the Village of Oak Brook VILLAGE OF OAK BROOK Minutes REGULAR MEETING OF December 8, 2009 Page 2 6) Resolution 2009 — EASE -V -R -1061 - A Resolution Approval of Grant Easement Plat for Watermain, Storm Sewer, and Sidewalk and A Plat of Vacation of Storm Sewer Easement in the Clearwater at Oak Brook Development G. YEAR END BILL PAYMENT H. SELECTION OF FLEX CARRIER & COBRA ADMINISTRATOR I. 2009 MEMBERSHIP RENEWAL — ILLINOIS MUNICIAPL LEAGUE APPROVAL OF COMMECIAL SCAVENGER LICENSE K. SPORTS CORE LOAN L. CANCELLATION OF THE REGULARLY SCHEDULED COMMITTEE-OF-THE- WHOLE MEETING OF DECEMBER 21, 2010 AND THE REGULAR BOARD OF TRUSTEES MEETING OF DECEMBER 22, 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: 5 — Trustees Carson, Moy, Wolin, Zannis and Aktipis. Nays: 0 —None Abstain: 0 —None Absent: 1 — Trustee Saiyed. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None 8. BOARD & COMMISSION RECOMMENDATIONS — A. York Road Development Partners —1800, 1802, 1806 York Road — Map Amendment -Text Amendment - Special Use - Variation in Order to Construct a Medical Office Building Presented by Trustee Moy. He stated that the construction of the building will provide the Village with a Class A medical building and will create 186 permanent jobs. Several members from the Irgens Development Partners gave a brief overview on the project and were available to answer any questions from the Board. Motion by Trustee Moy, seconded by Trustee Aktipis, to approve York Road Development Partner — 1800, 1802, 1806 York Road — Map Amendment — Text Amendment — Special Use — Variation in Order to Construct a Medical Office Building. Discussion ensued. VILLAGE OF OAK BROOK Minutes REGULAR MEETING OF December 8, 2009 Page 3 ROLL CALL VOTE: Ayes: 5 — Trustees Carson, Moy, Wolin, Zannis and Aktipis. Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Saiyed. Motion carried. 1)York Road Development Partners — 1800, 1802, 1806 York Road — Irgens Development Partners Request for Financial Assistance Presented by Trustee Aktipis. Irgens Development Partners and the Community Development Department have been discussing options of financial assistance from the Village. Trustee Aktipis stated that it would benefit the community to see this project go forward. He further stated that the Village will contribute $125,000 from the Infrastructure Fund, $736,000 will come from the creation of a Special Service Area (SSA) and the developers permit fees will be capped at $70,000. Motion by Trustee Aktipis, seconded by Trustee Zannis to approve York Road Development Partners — 1800, 1802, 1806 York Road — Irgens Development Partners Request for Financial Assistance. Discussion ensued. ROLL CALL VOTE: Ayes: 5 — Trustees Carson, Moy, Wolin, Zannis and Aktipis. Nays: 0 —None Abstain: 0 —None Absent 1 — Trustee Saiyed. Motion carried. B. NAI — Hiffman —Text Amendment - Section 13 -7 -313 for Special Use French Farmers Market as an Authorized Sales Event in the B Districts Presented by Trustee Moy. The French Farmers Market will run weekly in the summer months. Motion by Trustee Moy, seconded by Trustee Aktipis, to approve NAI- Hiffman — Text Amendment — Section 13 -7 -311 for Special Use French Farmers Market as an Authorized Sales Event in the B Districts. Discussion ensued. ROLL CALL VOTE: Ayes: 5 — Trustees Carson, Moy, Wolin, Zannis and Aktipis. Nays: 0 —None Abstain:0 — None Absent: 1 — Trustee Saiyed. Motion carried. VILLAGE OF OAK BROOK Minutes REGULAR MEETING OF December 8, 2009 Page 4 C. Village of Oak Brook — Text Amendment — Sign Regulations Presented by Trustee Moy. He stated that the previous sign ordinance was passed in the 1960s and is out dated. He further stated that businesses would like to put their names on top of the buildings and our current ordinance does not allow for this. Some recommended changes to the ordinance were taken out to allow for more discussion. Resident Bill Lindeman addressed the Board and read a prepared statement. He asked the Board to delay action until more discussion takes place and details are clarified. Motion by Trustee Moy, seconded by Trustee Wolin, to concur with the recommendations from the Plan Commission, Zoning Board of Appeals and Staff and Approve the Amended Sign Regulations subject to meeting all the attached conditions and authorize the Village Attorney to prepare the necessary ordinance for final approval at the January 12, 2010 Board of Trustees meeting. Discussion ensued. ROLL CALL VOTE: Ayes: 5 — Trustees Carson, Moy, Wolin, Zannis and Aktipis. Nays: 0 —None Abstain: 0 —None Absent: 1 — Trustee Saiyed. Motion carried. 9. UNFINISHED BUSINESS A. AWARD OF CONTRACT —None B. ORDINANCES & RESOLUTIONS 1) Ordinance 2009 -BD- CITEX -G -912, An Ordinance Establishing A Citizens Executive Council and Amending Title 2 (Boards and Commissions) of the Village Code of the Village of Oak Brook, Illinois Presented by Manager Niemeyer. He stated that the Citizens Executive Council will offer advice and recommendations to the Village President and the Village Board to improve community relations and Village operations and would advise the President and Board on issues referred to them. Motion by Trustee Zannis, seconded by Trustee Moy, to approve Ordinance 2009 -BD- CITEX -G -912, an Ordinance Establishing a Citizens Executive Council and Amending Title 2 (Boards and Commissions) of the Village Code of the Village of Oak Brook, Illinois. Discussion ensued. VILLAGE OF OAK BROOK Minutes REGULAR MEETING OF December 8, 2009 Page 5 ROLL CALL VOTE: Ayes: 5 — Trustees Carson, Moy, Wolin, Zannis and Aktipis. Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Saiyed. Motion carried. 10. ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS - None 1) Ordinance 2009 -BU -EX3 -S -1272, An Ordinance Adopting the Budget of the Village of Oak Brook for 2010 Presented by Trustee Aktipis. He stated that the 2010 Budget is a balanced budget based on a 5% increase in revenue and that the budget will be reviewed on a monthly basis and adjustments will be made accordingly. Motion by Trustee Aktipis, seconded by Trustee Zannis, to approve Ordinance 2009 -BU- EX3 -S -122, An Ordinance Adopting the Budget of the Village of Oak Brook for 2010. Discussion ensued. ROLL CALL VOTE Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin and Zannis Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Saiyed Motion Carried. 2) Ordinance G -909, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois relative to the Number of Authorized Liquor Licenses. Presented by Manager Niemeyer. He stated that Braxton Seafood Grill is requesting to upgrade their current license to a B license in order to have the opportunity to sell wine for occasional wine tasting events for consumption off the premises. Motion by Trustee Zannis, seconded by Trustee Carson, to approve Ordinance G -909, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois relative to the Number of Authorized Liquor Licenses. ROLL CALL VOTE Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin and Zannis Nays: 0 —None VILLAGE OF OAK BROOK Minutes REGULAR MEETING OF December 8, 2009 Page 6 Abstain: 0 —None Absent: 1 —Trustee Saiyed Motion Carried. C. AWARD OF CONTRACTS GIS Consortium Service Provider Contract Renewal Motion by Trustee Carson, seconded by Trustee Aktipis, to approve the Village Manager to be authorized to execute a renewal to the GIS Service Provider Contract currently held by MGP, Inc. ROLL CALL VOTE Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin and Zannis Nays: 0 —None Abstain: 0 —None Absent: 1 — Trustee Saiyed Motion Carried. 11. INFORMATION & UPDATES A. VILLAGE MANAGER — Manager Niemeyer thanked the Village Board and staff for their work on the 2010 Budget and wished everyone Happy Holidays. VILLAGE CLERK — Clerk Pruss reminded everyone to fill out their Census form when they are mailed in March of 2010 and that she has No Solicitors/ No Peddlers signs for any resident who wishes to have one. She also wished everyone a Merry Christmas and Happy New Year. B. TRUSTEES —Trustee Carson reminded everyone of the Holiday Party for Oak Brook residents on December 20`s at the B &T Clubhouse. Trustee Zannis suggested that a Trustee Liaison be assigned to the Communications Center Consolidation Project. Trustees Aktipis and Wolin both volunteered. Chief Sheahan stated that a draft presentation will be sent to all Board members soon. D. VILLAGE PRESIDENT — On behalf of all members of the Village Board, President Craig wished all residents and all in the audience a Happy Holiday and a Happy and Prosperous New Year. 12. 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), 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 VILLAGE OF OAK BROOK Minutes REGULAR MEETING OF December 8, 2009 Page 7 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 (2c1). Motion by Trustee Aktipis, seconded by Trustee Wolin, 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), 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). ROLL CALL VOTE Ayes: 5 — Trustee Aktipis, Carson, Moy, Wolin and Zannis Nays: 0 —None Abstain: 0 —None Absent: 1 — Trustee Saiyed The meeting was adjourned to Closed Meeting at 9:21p.m. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Zannis, to reconvene from closed session and adjourn the Regular Meeting of the Board of Trustees at 11:10 pm. VOICE VOTE: Motion Carried. ATTEST: Charlotte K. Pruss /s/ Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes REGULAR MEETING OF December 8, 2009 Page 8