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Minutes - 09/23/2014 - Board of Trustees MINUTES OF THE SEPTEMBER 23, 2014 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 14, 2014 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 pm. 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 John Baar, Michael Manzo, Mark Moy, Gerald Wolin, and Asif Yusuf. ABSENT: Trustee Donald Adler (arrived at 7:06 pm). IN ATTENDANCE: Art Osten Jr., Interim Village Manager; Cathy Doczekalski, Interim Assistant Village Manager; Robert Kallien Jr., Community Development Director, Sharon Dangles, Finance Director; Barry Liss, Fire Chief; Susan Madorin, Library Director; James Kruger, Police Chief; Michael Hullihan, Public Works Director; and Peter Friedman, Village Attorney. 3. PRESIDENT’S OPENING COMMENTS President Lalmalani announced that the Board will review the strategic plan after new Village Manager Ginex has a chance to review it. President Lalmalani announced that the Residential Enhancement Committee is not yet ready to make a recommendation to the Village Board and that the agenda item, Residential Marketing Plan – Implementation will be deferred until the next Village Board meeting of October 14th. He also announced that items 10.C. and 6.G. - Public Works Uniforms will be removed from tonight’s agenda and will also be presented at the October 14th Village Board meeting. President Lalmalani discussed the final Polo Match of the season and stated that a good time was had by all who attended. He also stated that he looks forward to hearing a final report from the Polo Committee. He thanked the Polo Committee, Kathy Maher, Jim Pehta, Bev Taylor, and Bob Sanford and staff for their work this season. Kathleen Maher stated that the Polo Committee learned a lot and had a wonderful Polo season. She thanked the Board and Village staff and stated that the Committee is already working on the 2015 Polo season. VILLAGE OF OAK BROOK MINUTES Page 1 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 President Lalmalani announced that this is Art’s last Village Board meeting as Interim Manager. He thanked Art for all the work he has accomplished while he was here and stated that Art stepped up and worked diligently over the past few months to help keep Village business on task. He also wished Art a happy birthday. 4. RESIDENT/VISITOR COMMENTS Resident Harry Peters complimented the Polo Committee. He read a letter representing the North York Road Oak Brook Homeowners Alliance on their request for a moratorium on development that will add traffic to North York Road until needed road improvements are completed. Residents who have signed up to speak will do so during the agenda item. 5. APPROVAL OF MINUTES A. SPECIAL EXECUTIVE MEETING MINUTES OF AUGUST 12, 2014 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the minutes of the Special Executive Meeting of August 12, 2014. VOICE VOTE: Motion carried. B. REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 9, 2014 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the minutes of the Regular Board of Trustees Meeting of September 9, 2014. 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 4, 2014 - $1,377,074.93 A. Accounts Payable for Period Ending September 18, 2014 - $1,620,258.30 Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafhefer, P.C., - Legal Services – August, 2014 - $2,742.17 (FY14 – YTD - $39,493.15) 2) Rathje & Woodward, LLC – Legal Services – August, 2014 - $3,333.33 (FY14 – YTD - $26,666.64) TOTAL LEGAL BILLS PAID FOR 2014 - $263,307.77 3) J. Congdon Sewer – 2014 Water Main Project – Payout #4 - $220,284.85 4) R.W. Duntenman Company – 2014 Street Improvement Project – Payout #3 - $266,749.17 5) DuPage Water Commission – August 2014 - $513,716.45 B. Approval of Payroll for Pay Period Ending September 13, 2014 - $697,100.24 C. Community Development Referrals 1) Second Resubdivision of Dana Park – Preliminary and Final Plat and Plat of Vacation VILLAGE OF OAK BROOK MINUTES Page 2 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 D. Authorization to Seek Bids or Proposals or Negotiate Contracts – NONE E. Budget Adjustments – NONE F. Ordinances & Resolutions 1) RESOLUTION-2014-ENG-ST-PRJT-R-1396, A Resolution Approving and Authorizing a Professional Services Agreement By and Between the Village of Oak Brook and Christopher B. Burke Engineering, Ltd for Design Services Related to the 2015 Street Improvement Project 2) RESOLUTION 2014-TC-CTRL-R-1399, A Resolution Approving a Traffic and Parking Enforcement Agreement By and Between the Village and Oakbrook Shopping Center, LLC 3) RESOLUTION 2014-SR-PP-FP-EX- R-1397, A Resolution Approving the Preliminary and Final Plat for The D & S Estates Resubdivision in the Village Of Oak Brook, Illinois 4) ORDINANCE 2014-TC-CTRL-G-1033, An Ordinance Amending Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook in Relation to the Enforcement of Traffic Regulations in the Heritage Oaks Subdivision 5) ORDINANCE 2014-LC -AL-G-1034, 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 (Macy’s – Oakbrook Center) 6) ORDINANCE 2014-PP-S-1408, An Ordinance Authorizing the Sale through Electronic Auction or Broker, Donation or Disposal of Certain Items of Personal Property Owned By the Village of Oak Brook (Surplus Vehicles) 7) RESOLUTION 2014-SIGN -AG-R-1398, A Resolution Approving and Authorizing a License Agreement By and Between the Village of Oak Brook and Oak Brook Promenade, LLC for the Gateway Sign Program – REMOVED G. Reject Bids and Authorization to Re-Bid - Public Works Uniforms – REMOVED H. Reject Bids and Authorization to Re-Bid – Reservoir A Fuel Tank Replacement Project I. Monthly Treasurer’s Report – August 31, 2014 & Major Fund Financials Motion by Trustee Wolin, seconded by Trustee Manzo to approve the Consent Agenda and authorize expenditures as presented or amended. VILLAGE OF OAK BROOK MINUTES Page 3 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 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.A.3 – J. Congdon Sewer – 2014 Water Main Project – Payout #4 - $220,284.85 and Item 6.A.4 – R.W. Duntenman Company – 2014 Street Improvement Project – Payout #3 - $266,749.17 Trustee Adler stated that he does not object to the payment. He questioned the voucher form used by the Village and requested that waiver of lien forms be standardized. Motion by Trustee Adler, seconded by Trustee Wolin to approve Items 6.A.3 and 6.A.4. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 2) Item 6.F.1 – RESOLUTION-2014-ENG-ST-PRJT-R-1396, A Resolution Approving and Authorizing a Professional Services Agreement By and Between the Village of Oak Brook and Christopher B. Burke Engineering, Ltd for Design Services Related to the 2015 Street Improvement Project Trustee Adler asked how long the Village has been using Christopher Burke and how much has the Village paid them. Public Works Director Hullihan explained the Qualification Based Selection Process and how Christopher Burke was hired. Trustee Wolin stated that Christopher Burke is very knowledgeable and does a good job for the Village. Trustee Manzo asked if we use other Engineering Firms and if we can approve multiple firms and create a preferred Engineer’s list. Public Works Director Hullihan stated yes. Motion by Trustee Adler, seconded by Trustee Baar to approve Item 6.F.1. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None VILLAGE OF OAK BROOK MINUTES Page 4 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 Motion carried 3) Item 6.F.7 - RESOLUTION 2014-SIGN-AG-R-1398, A Resolution Approving and Authorizing a License Agreement By and Between the Village of Oak Brook and Oak Brook Promenade, LLC for the Gateway Sign Program Trustee Adler requested clarification on the agreement. Public Works Director Hullihan and Community Development Director Kallien discussed the license agreement between the Village and the Oak Brook Promenade for the gateway sign. Trustee Manzo stated he is concerned with consistency not being maintained and setting a precedence of having Village business names on gateway signs. Trustee Yusuf stated that he does not have a problem with approving the license agreement after further explanation from Public Works Director Hullihan and Community Development Director Kallien. Trustee Baar questioned the ownership and cost of the gateway sign. Trustee Moy discussed issues he has with titling the proposed sign as a Village of Oak Brook gateway sign. Discussion ensued regarding the design, features, consistency of signs, the entry ways into the Oak Brook Promenade, and cost sharing of the gateway sign. Resident Bill Lindeman stated that he is disappointed that this item was on the consent agenda. He feels the proposed sign and lease agreement are not beneficial to the Village. Motion by Trustee Wolin, seconded by Trustee Manzo to defer item 6.F.7 until the Village further discusses the agreement with Hiffman. VOICE VOTE: Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. Goebel – 3517 Madison Street – Variation – Rear Yard Setback Community Development Director Kallien explained the proposed variation. Resident Matt Goebel stated that all the neighbors in the area are in favor of the requested variation. Motion by Trustee Moy, seconded by Trustee Manzo to concur with the recommendation from the Zoning Board of Appeals to approve the requested variation to the rear yard setback for the property located at 3517 Madison Street subject to the following conditions: 1. Rear Yard – To allow the required 60-foot rear yard setback to be reduced to VILLAGE OF OAK BROOK MINUTES Page 5 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 approximately 40 feet to accommodate the proposed single-family home. 2. The proposed development shall be constructed in substantial conformance to the approved plans as submitted. 3. Add the condition “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 4. Adoption of an ordinance necessary to grant the requested variation, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the October 14, 2014 Board of Trustees meeting. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS A. Policy for Preparation, Presentation, Execution, and Retention of Contracts Attorney Friedman discussed the proposed policy and clarifications requested by Trustee Adler. Trustee Adler stated that the policy is a front approval process for contracts and that the Board should defer until Mr. Ginex, the new Village Manager, is able to review. He also stated that the Board receives too much paperwork on the approval of payments and would like to see the process streamlined. Motion by Trustee Adler, seconded by Trustee Manzo to defer the Policy for preparation, presentation, execution, and retention of Contracts to the October 28, 2014 Board meeting. VOICE VOTE: Motion carried. ACTIVE BUSINESS 10. A. Confirmation of Appointments 1) Plan Commission Motion by Trustee Manzo, seconded by Trustee Wolin to approve the appointment of Mr. Kenneth Wilczak to the Oak Brook Plan Commission to fulfill a term to expire in 2016. VOICE VOTE: Motion carried. B. Ordinances and Resolutions 1) RESOLUTION 2014-SW-AG-R-1400, A Resolution Waiving Bidding and Approving an Agreement By and Between the Village and Allied Waste Services of North America, LLC for the Collection and Disposal of Single Family Residential Waste President Lalmalani stated that homeowners, at the last Homeowners Association meeting, voted unanimously in favor of approving an agreement with Allied Waste. Trustee Wolin gave a PowerPoint Presentation that included the following: VILLAGE OF OAK BROOK MINUTES Page 6 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 • Homeowners Association Presidents requested renewal • High quality of service provided • Pricing proposed for 2015 – 2019 • Republic DuPage customers price comparison • Non Republic DuPage customers price comparison • Contract comparison between Oak Brook and Westchester • Contract changes negotiated Trustee Manzo stated that Republic does a good job for the Village but still feels that the request for proposal process should have been done. He feels that due diligence needs to be done and therefore is voting no for this item. Trustee Yusuf stated that the Village is getting a good deal and feels that the Village might not have received a better deal if the request for proposal process was done. Trustee Adler stated that the process conducted was very thorough and that residents are getting a good deal. He questioned some sections of the proposed agreement and received clarification from Attorney Friedman. Trustee Moy stated that Trustee Wolin has done an excellent job and that the Village is getting very good service at a good price. Resident Karambelas stated his approval of renewing the contract. He also stated that due diligence was done as if the request for proposal process was completed. Resident Frank Cappetta stated that he and his community are in favor of renewing the contract. He also discussed the wonderful service Republic offers. He also stated that there are many pressing issues that the Village and staff should concentrate on rather than on this. Resident Charles Shemely thanked the Board and Chief Kruger on approving the agreement to provide Police Department jurisdiction to the Heritage Oaks Subdivision. He also discussed his approval of renewing the contract with Republic. He also discussed the last time the Village conducted the request for proposal process for residential waste. Clerk Pruss read two letters from residents Gail and Raj Lal who are in favor of renewing the contract with Republic. Motion by Trustee Wolin, seconded by Trustee Manzo that the Board approved the attached contract with Allied Waste of North America LLC for Refuse Collection Services. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Moy, Wolin, and Yusuf Nays: 1 – Trustee Manzo Abstain: 0 – None VILLAGE OF OAK BROOK MINUTES Page 7 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 Absent: 0 – None Motion carried 2) RESOLUTION 2014-FI-MUNIS-AG-R-1395, A Resolution Authorizing the Execution of an Agreement By and Between the Village and Tyler Technologies, Inc. for Munis Support Services Motion by Trustee Wolin, seconded by Trustee Baar to approve Resolution 2014-FI- MUNIS-AG-R-1395, A Resolution Authorizing the Execution of an Agreement By and Between the Village and Tyler Technologies, Inc. for Munis Support Services, and approve the Annual Support Agreement, and authorize the payment of the support invoices (attached) for maintenance of the Village’s financial software to Tyler Technologies, Inc., Falmouth, Maine, for the total amount of $44,714.22, subject to attorney and staff review. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 1 – Trustee Manzo Absent: 0 – None Motion carried 3) RESOLUTION 2014-BSLMUSEUM-CNTRCT-R-1401, a Resolution Waiving Competitive Bidding And Authorizing The Award OF Contract To Restoric, LLC For The 2014 Heritage Center Shutter Restoration/Replacement Project Trustee Wolin stated that Restoric has done a lot of high quality work at the Heritage Center. Resident Kathleen Maher stated that this is a restoration project to keep with the nature of the building. She also stated that no one else can do the work that Restoric can do. Motion by Trustee Wolin, seconded by Trustee Baar that the Board waive competitive bidding and award a contract for the Heritage Center Shutter Replacement Project by passing Resolution R-1401, a Resolution Approving and Authorizing the Award and Execution of a Contract Relating to the 2014 Oak Brook Heritage Center Shutter Replacement By and Between the Village of Oak Brook and Restoric, LLC of Chicago, Illinois. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Moy, Wolin, and Yusuf Nays: 1 – Trustee Manzo Abstain: 0 – None Absent: 0 – None Motion carried C. De-Annex Technology Drive from the Village of Lombard to the Village of Oak Brook VILLAGE OF OAK BROOK MINUTES Page 8 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 – REMOVED D. Adams Road Landscaping Adjacent to the Bronswood Cemetery – DISCUSSION Trustee Moy gave a brief history on the Adams Road Landscaping adjacent to the Bronswood Cemetery. Community Development Director Kallien further discussed the proposed landscaping along the approximate 500 feet of Bronswood Cemetery and the meetings that have taken place between the Village, owners of the cemetery, and other interested parties. He further stated that the Village’s cost will be approximately $15,000. Trustees Moy and Manzo do not feel that the Village should be responsible for paying for any portion of the proposed landscaping. Trustee Adler stated that he feels the Village has a responsibility to match what the cemetery owners are paying for landscaping in order to protect the residential integrity. Trustee Yusuf stated that the proposed landscaping plan is extravagant and that he will be willing to review something that is scaled back. A representative from StoneMor, owner of Bronswood Cemetery, discussed the history of the Bronswood Cemetery issue and stated that StoneMor is willing to contribute its fair share to the proposed landscaping project. Resident Kathleen Maher stated that the proposed landscaping does not fit with the Village and is overkill. Resident Doug Kremer stated that the Village should have allowed for resident comment prior to the Mausoleum being built three years ago. He also suggested that vines are a good way of screening the Mausoleum. Discussion ensued regarding cemetery regulations, the proposed landscape scheme, impediments to the proposed landscaping, and the consensus was to not fund additional landscaping. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Interim Village Manager Osten thanked the Board, Village staff, and residents for giving him the opportunity to work for the Village. B. VILLAGE CLERK Clerk Pruss discussed the smoking regulation and stated that smoking cannot be within 15 feet of any building. She also mentioned the landscaping that was done at the entrance of the Butler Government Center. VILLAGE OF OAK BROOK MINUTES Page 9 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 Clerk Pruss stated that petitions are ready for pick-up for anyone interested in positions up for re-election, which are three Trustee positions, the Village Clerk position, and the Village President position. Petitions can be turned in December 15th - 22nd. Clerk Pruss also reminded everyone of the upcoming November 4, 2014 election. The last day for voter registration at the Village is October 7th , the grace period begins October 8th, and that there are 6 early voting sites, with Yorktown Mall being the closest for Oak Brook residents. C. TRUSTEES Trustee Moy stated that he enjoyed working with Art and wishes him the best of luck. Trustee Yusuf thanked Art for all his hard work. He also mentioned that since the Village implemented going electronic with the meetings, Trustees sometimes have to use their phones during the Board meetings to view information sent. D. VILLAGE ATTORNEY – NONE E. VILLAGE PRESIDENT Chief Kruger stated that applications are now being accepted for the second session of the Citizens Police Academy. Chief Liss reminded everyone of the Pancake Breakfast being held on October 4th. He also discussed the PSI contract, the new eligibility list for firefighters, and the selling of the old ladder truck. Library Director Madorin discussed the new library database for learning a new language. Finance Director Dangles stated that staff is still working on the 2015 budget and hopes to have it wrapped up soon. She also stated that sales taxes are up 5% as compared to the same time last year. Public Works Director Hullihan discussed the projects taking place in Public Works. Community Development Director Kallien gave a brief update on the Duchossois Project. 12. ADJOURN TO CLOSED SESSION Motion by Trustee Wolin, seconded by Trustee Manzo to adjourn to closed session for the purpose of discussing (1) minutes of meetings lawfully closed under this act (2) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, and (3) litigation matters pursuant to 2c(21), 2c(1), and 2c(11) 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 VILLAGE OF OAK BROOK MINUTES Page 10 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014 Absent: 0 – None Motion carried This meeting was adjourned to closed session at 9:34 pm. 13. ADJOURNMENT Motion by Trustee Manzo seconded by Trustee Wolin to adjourn the Regular Meeting of the Board of Trustees at 10:18 pm. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 11 of 11 REGULAR MEETING OF SEPTEMBER 23, 2014