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 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 5 th 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 6 th at 1:00 pm. 4. RESIDENT/VISITOR 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 (FY13 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 (FY13 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 VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF SEPTEMBER 24, 2013
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-EX1-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 VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF SEPTEMBER 24, 2013
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: VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF SEPTEMBER 24, 2013
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 nd 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 22 nd 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. VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF SEPTEMBER 24, 2013
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 6 th 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 5 th 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 VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF SEPTEMBER 24, 2013