Minutes - 09/24/2013 - Board of Trustees �v Of OA t 199 MINUTES OF THE SEPTEMBER 24, 2013 REGULAR MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
OCTOBER 8, 2013
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CF�OUNYY'`
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at
7:03 p.m. The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President Gopal Lalmalani, Trustees Donald Adler, John Baar, Michael
Manzo, Mark Moy, Gerald Wolin, and Asif Yusuf.
ABSENT: None.
IN ATTENDANCE: Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr.,
Community Development Director; Sharon Dangles, Finance Director; Sue
Madorin, Library Director; James Kruger, Police Chief; Thomas McEllin,
Fire Chief; Mike Hullihan, Public Works Director; Trey VanDyke, Sports
Core Director; and Peter Friedman, Village Attorney.
3. PRESIDENT'S OPENING COMMENTS
A moment of silence was taken for the victims of the naval yard shooting, and the terrorist
attacks in Kenya and Pakistan.
President Lalmalani briefly discussed the 5th polo match, which included Argentina
playing against Wells Fargo. He thanked Assistant Manager Wing and staff on a job well
done.
Assistant Manager Wing discussed the final polo event of 2013 season that will take place
on Sunday, October 6th at 1:00 pm.
4. RESIDENTNISITOR COMMENTS
Residents who signed up to speak will do so during the agenda item.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF AUGUST 27, 2013
Motion by Trustee Wolin, seconded by Trustee Manzo, to approve the minutes of the
Regular Board of Trustees Meeting of August 27, 2013. VOICE VOTE: Motion carried.
B. SPECIAL BOARD OF TRUSTEES MEETING OF SEPTEMBER 10, 2013
Motion by Trustee Wolin, seconded by Trustee Moy, to approve the minutes of the Special
VILLAGE OF OAK BROOK MINUTES Page 1 of 9 REGULAR MEETING OF SEPTEMBER 24,2013
Board of Trustees Meeting of September 10, 2013. VOICE VOTE: Motion carried.
C. EXECUTIVE MEETING MINUTES OF JULY 9, 2013
Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the
Executive Meeting of July 9, 2013. VOICE VOTE: Motion carried.
D. EXECUTIVE MEETING MINUTES OF JULY 23, 2013
Motion by Trustee Wolin, seconded by Trustee Manzo to approve the minutes of the
Executive Meeting of July 23, 2013. VOICE VOTE: Motion carried.
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 September 19, 2013 - $1,725,429.46
Significant Items included in Above:
1) Rathje & Woodward, LLC—Legal Services - August, 2013 - $3,333.33
(FYI 3 —YTD - $26,666.64)
2) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. —Legal Services—
August, 2013 - $3,258.24 (FY13 —YTD - $51,635.37)
3) Hervas, Condon & Bersani, P.C.—Legal Services—August, 2013 - $8,951.08
(FYI 3 —YTD - $13,665.70)
TOTAL LEGAL BILLS PAID FOR 2013 - $208,614.14
4) DuPage Water Commission—August, 2013 - $506,262.74
5) Central Blacktop Company—Payout#2—2013 Street Improvement- $498,765.94
B. Approval of Payroll for Pay Period Ending September 14, 2013 - $693,399.67
C. Community Development Referrals
1) Oak Brook Park District— 1450 Forest Gate Road—Variation—To Amend Certain
Conditions of S-1361
2) Perry's Steakhouse—5 Oakbrook Center - Special Use—Outdoor Dining
D. Authorization to Seek Bids or Proposals or Negotiate Contracts—NONE
E. Budget Adjustments—NONE
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F. Ordinances & Resolutions
1) RESOLUTION 2013-ELEC-PURCH-CNTRCT-R-1302, A Resolution Approving
and Authorizing the Award and Execution of a Contract to Purchase Electric
Energy Supply for Certain Village-Owned Properties By and Between the Village
of Oak Brook and Mid-American Energy Company of Urbandale, Iowa
2) RESOLUTION 2013-IMRF-R-1298, A Resolution Amending R-621 and
Appointing the Authorized Agent Representing the Village of Oak Brook, Illinois
in the Illinois Municipal Retirement Fund
3) RESOLUTION 2013-BD-CL-MIN-EXI-R-1299, A Resolution for the Approval
and Release of Closed Meeting Minutes
4) RESOLUTION 2013-SR-FP-EX-R-1301, A Resolution Approving and Amended
Final Plat Title for the Templeton Oaks Subdivision to Templeton Reserve
Subdivision in the Village of Oak Brook, Illinois 60523
5) RESOLUTION 2013-ENG-WA-MAIN-AG-R-1300, A Resolution Approving and
Authorizing the Execution of a Professional Services Agreement for Engineering
Services for the 2014 Water Main Project
G. Monthly Treasurer's Report—August 31, 2013
Motion by Trustee Wolin, seconded by Trustee Manzo to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: 0—None
Motion carried
7. ITEMS REMOVED FROM THE CONSENT AGENDA
1) Item 6.C.1. Oak Brook Park District — 150 Forest Gate Road — Variation — To Amend
Certain Conditions of S-1361
Community Development Director Kallien explained why the recommendation is to bring
this item to the Zoning Board rather than to the Plan Commission.
Motion by Trustee Manzo, seconded by Trustee Adler to approve item 6.C.1. VOICE
VOTE: Motion carried.
2) Item 6.F.1. — RESOLUTION 2013-ELEC-PURCH-CNTRCT-R-1302, A Resolution
Approving and Authorizing the Award and Execution of a Contract to Purchase Electric
VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF SEPTEMBER 24,2013
Energy Supply for Certain Village-Owned Properties By and Between the Village of Oak
Brook and Mid-American Energy Company of Urbandale, Iowa
The Board discussed the purchase of electricity for the pump stations and golf clubhouse.
The consensus was to defer this item until staff receives a recommendation from the
Electric Aggregation Consultant, Mark Pruitt. Trustees also requested a year to date cost
on the electric purchase for the pump stations and golf clubhouse, as well as the cost
predictions of the upcoming electric project.
Motion by Trustee Adler, seconded by Trustee Manzo, to defer item 6.F.1. to the next
Board meeting. VOICE VOTE: Motion carried.
3) Item 6.F.2 — RESOLUTION 2013-IMRF-R-1298, A Resolution Amending R-621 and
Appointing the Authorized Agent Representing the Village of Oak Brook, Illinois in the
Illinois Municipal Retirement Fund.
The consensus was to appoint Finance Director Dangles as the authorized agent
representing the Village in the Illinois Municipal Retirement Fund. Kate Andris will be
listed as the alternate.
Motion by Trustee Adler, seconded by Trustee Manzo, to amend the motion to appoint
Sharon Dangles as the primary authorized agent representing the Village in the Illinois
Municipal Retirement Fund, and Kate Andris as the alternate representative.
ROLL CALL VOTE:
Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: 0—None
Motion carried
8. BOARD & COMMISSION RECOMMENDATIONS
A. Protein Bar — 2040 York Road — Special Use — Outdoor Dining Area Adjacent to a
Restaurant
Robin Jones from the Protein Bar was present to answer any questions.
Motion by Trustee Moy, seconded by Trustee Baar to concur with the recommendation
from the Zoning Board of Appeals and Plan Commission and approve the request from the
Protein Bar for a special use to operate an outdoor dining area to be located at 2040 York
Road in the Clearwater development subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the plans as submitted and approved and the set up of
tables and chairs are to be used and maintained as shown on page L of the
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case file.
2. A perimeter planter/barrier will be permanently located in line with the
building in front of the ADA accessible parking space providing additional
protection to the patrons of the outdoor dining area.
3. The restaurant will be responsible for maintaining and cleaning the outdoor
area and shall comply with all applicable requirements of the DuPage
County Health Department.
4. The outdoor dining area will be operated in accordance with the following
rules of operation:
a. A maximum of four (4) tables with 12 seats may be provided in the
outdoor dining area.
5. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
6. Notwithstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived.
7. Adoption of an ordinance necessary to grant the requested special use,
which ordinance the Village Attorney shall by this motion be directed to
prepare for consideration at the October 8, 2013 Board of Trustees meeting.
VOICE VOTE: Motion carried.
B. Roti Mediterranean Grill — 2019 Clearwater Drive — Special Use — Outdoor Dining
Area Adjacent to a Restaurant
Nick Waltz from Roti Mediterranean and Jim Damico from Clearwater Development were
present to answer any questions.
Motion by Trustee Moy, seconded by Trustee Manzo, to concur with the recommendation
from the Zoning Board of Appeals and Plan Commission and approve the request from
Roti Mediterranean Grill for a special use to operate an outdoor dining area to be located at
2109 Clearwater Drive in the Clearwater development subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance
with the revised plans as submitted and approved.
2. The owner is to add planters on the patio exterior to provide additional protection
to the outdoor dining area.
3. The restaurant will be responsible for maintaining and cleaning the outdoor areas
and shall comply with all applicable requirements of the DuPage County Health
Department.
4. The outdoor dining areas will be operated in accordance with the following rules of
operation:
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a. A maximum of 16 seats may be provided in the outdoor dining area.
b. No live or piped in music is allowed.
5. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
6. Notwithstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived.
7. Adoption of an ordinance necessary to grant the requested special use, which
ordinance the Village Attorney shall by this motion be directed to prepare for
consideration at the October 8, 2013 Board of Trustees meeting. VOICE VOTE:
Motion carried.
C. Old Town Pour House — 8 Oakbrook Center — Special Use — Outdoor Dining Area
Adjacent to a Restaurant
The Attorney for Old Town Pour House was present to answer any questions.
Motion by Trustee Moy, seconded by Trustee Manzo to concur with the recommendation
from the Zoning Board of Appeals and Plan Commission and approve the request from
Old Town Pour House for a special use to operate an outdoor dining area to be located at 8
Oakbrook Center subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance
with the plans as submitted and approved.
2. The restaurant will be responsible for maintaining and cleaning the outdoor area
and shall comply with all applicable requirements of the DuPage County Health
Department.
3. The outdoor dining area will be operated in accordance with the following rules of
operation:
a. A maximum seating capacity for 72 patrons may be provided in the outdoor
dining area.
b. No live music, dancing or other outdoor entertainment will be permitted with
the exception of background music that complies with both the Village of Oak
Brook sound regulations and the Oakbrook Center tenant requirements and
several flat screen televisions that will be placed in the outdoor dining area.
4. The applicant/restaurant will comply with all other applicable rules and ordinances
of the Village of Oak Brook.
5. Notwithstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived, and
6. Adoption of an ordinance necessary to grant the requested special use, which
VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF SEPTEMBER 24,2013
ordinance the Village Attorney shall by this motion be directed to prepare for
consideration at the October 8, 2013 Board of Trustees meeting. VOICE VOTE:
Motion carried.
9. UNFINISHED BUSINESS
A. Ordinances & Resolutions
1) ORDINANCE 2013 PURCH-PRPTY-S-1377, An Ordinance Approving the Purchase
of 615 W. 22"d Street
Trustee Wolin explained that the property to be purchased is vacant and prone to flooding.
The Village will maintain the property as floodplain. Attorney Friedman explained that
the amended resolution gives the President and the Clerk the authority to sign the actual
purchase agreement and the Manager and the Clerk to sign all other documents related to
the property.
Motion by Trustee Wolin, seconded by Trustee Manzo that the Village Board authorize the
purchase of the property at 615 22nd Street(formerly known as 615 Hunter Drive) at a cost
not to exceed $240,000.
ROLL CALL VOTE:
Ayes: 5 —Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: 0—None
Motion carried
B. Park District Lighting Issue Update
Trustee Wolin gave a brief update regarding the Park District lighting issue. An analysis
of the field lights will be conducted tomorrow and then again in late October or early
November after the leaves have fallen. Trustee Wolin requested that the Board receive a
copy of the Park District's original request. He also requested the dates of the Zoning
Board of Appeals meetings that the Park District request was discussed.
Resident Andrea Cygan gave a brief history of the Park District lighting issue at certain
fields and discussed the intrusion it has been on Forest Gate residents.
Trustee Adler requested that staff provide Trustees a summary of the Park District lighting
issue.
Community Development Director Kallien stated that the Village hired Rick Kellen, a
lighting expert, to further investigate the issue. He explained the testing that Mr. Kellen
will conduct, and stated that Mr. Kellen will study the results of the testing and make a
recommendation relative to potential ordinance changes.
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Discussion ensued.
10. ACTIVE BUSINESS
A. Confirmation of Appointments—NONE
B. Ordinance & Resolutions—NONE
C. Award of Contract—NONE
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Assistant Village Manager Wing stated that the rain date for Polo is October 6th starting at
1:00 pm.
B. VILLAGE CLERK-NONE
C. TRUSTEES
Trustee Adler discussed the October Fest celebration that took place on Saturday. He also
discussed Polo and the upcoming budget process.
Discussion ensued regarding the 2013 Polo season. Trustees thanked Village staff for all
their hard work on the Polo events.
Trustee Manzo also thanked Public Works Director Hullihan and Community
Development Director Kallien for their work on various projects.
Trustee Yusuf wished former Sgt. Casey Calvello well on his appointment to Deputy Chief
of Oakbrook Terrace.
D. VILLAGE ATTORNEY -NONE
E. VILLAGE PRESIDENT
Police Chief Kruger congratulated Sgt. Calvello on his appointment. He introduced the
new probationary officer. Also, he discussed the recent burglaries that have taken place
and gave some pointers on safety.
Chief McEllin stated that the Fire and Police Departments will be hosting a pancake
breakfast on Saturday, October 50h in the Fire Department Apparatus Bay.
Sports Core Director VanDyke discussed the Sports Core August financials. He also
discussed the split rail fence along the Sports Core property and the golf course drainage
study being conducted by Christopher Burke.
Finance Director Dangles reported on sales tax. She stated year to date, the Village is 4%
VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF SEPTEMBER 24,2013
higher than last year.
Public Works Director Hullihan discussed paving projects, drainage projects, and the leaf
pick-up program.
Community Development Director Kallien gave a brief update on the Drake Hotel issue.
12. ADJOURN TO CLOSED SESSION For the purpose of discussing (1) appointment,
employment, compensation, discipline, performance, or dismissal of specific employees of
the public body, and (2) minutes of meetings lawfully closed under this act matters
pursuant to Sections 2c(1), 2c(21), of the Illinois Open Meetings Act, respectively
Motion by Trustee Baar, seconded by Trustee Manzo to adjourn to closed session for the
purpose of discussing (1) appointment, employment, compensation, discipline,
performance, or dismissal of specific employees of the public body, and (2) minutes of
meetings lawfully closed under this act matters pursuant to Sections 2c(1), 2c(21), of the
Illinois Open Meetings Act, respectively.
ROLL CALL VOTE:
Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: 0—None
Motion carried
The meeting was adjourned to closed session at 8:30 pm.
13. ADJOURNMENT
Motion by Trustee Manzo, seconded by Trustee Yusuf, to adjourn the Regular Meeting of
the Board of Trustees at 10:52 pm. VOICE VOTE: Motion carried.
ATTEST:
/s/Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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