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Minutes - 09/13/2016 - Board of Trustees VILLAGE OF OAK BROOK MINUTES Page 1 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 MINUTES OF THE SEPTEMBER 13, 2016 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 27, 2016 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 7:04 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 Donald Adler, John Baar, Michael Manzo, Mark Moy, Edward Tiesenga, Asif Yusuf ABSENT: None IN ATTENDANCE: Village Manager Rick Ginex; Acting Finance Director Jason Paprocki, Village Attorney Stewart Diamond; Development Services Director Bob Kallien; Information Technology Director Jim Fox; Police Chief Jim Kruger; Fire Chief Barry Liss; Public Works Director Doug Patchin, Golf Club Manager Sean Creed, Library Director Sue Madorin, Bath & Tennis Club Manager Chris Thompson 3. PRESIDENT’S OPENING COMMENTS President Lalmalani remarked about the 911 Memorial ceremony held on September 11th and thanked staff members for putting together the event. President Lalmalani then discussed a proposed development in the Oak Brook Hills area in Westmont which is a concern to neighboring Oak Brook residents in relation to the project’s density, traffic, lighting and public safety issues. President Lalmalani mentioned the Islamic holiday event which just began. Trustee Yusuf explained the significance of this event. 4. RESIDENT/VISITOR COMMENTS Resident-George Charuk discussed his concerns about the Bath & Tennis Club shortened pool opening hours. Resident-Manish Shah praised the tennis courts at the Bath & Tennis Club and expressed concerns about closure. He requested that an advisory committee be formed if closure is considered. President Lalmalani clarified that there are no plans to close the Bath & Tennis Club and stated that there would be a Committee-of-the-Whole meeting in October seeking VILLAGE OF OAK BROOK MINUTES Page 2 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 public input on the Sports Core and Bath & Tennis Club. Trustee Manzo stated that there are financial concerns with the Bath & Tennis Club. Resident-Lyn Tietz spoke about the Bath & Tennis Club and urged checking with other pool and tennis clubs to see how they operate. 5. APPROVAL OF MINUTES A. Special Executive Meeting Minutes of May 18, 2016 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Special Executive Meeting of May 18, 2016. VOICE VOTE: Motion carried. B. Regular Executive Meeting Minutes of July 12, 2016 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Executive Meeting of July 12, 2016. VOICE VOTE: Motion carried. C. Regular Board of Trustees Meeting of August 9, 2016 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Executive Meeting of August 9, 2016. 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 Payables: For Period Ending August 18, 2016 - $1,029,487.10 For Period Ending September 8, 2016 - $1,124,860.66 Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – July 2016 - $9,767.50 (FY16 – YTD - $51,441.26) 2) Rathje Woodward, LLC - Legal Services - July 2016 - $3,333.33 (FY16 – YTD - $26,633.31) 3) Clark, Baird, Smith, LLP – Legal Services – July 2016 - $3,907.50 (FY16 – YTD - $6,120.50) TOTAL LEGAL BUDGET FOR 2016 IS $449,000 - TOTAL LEGAL BILLS PAID FOR 2016- YTD - $111,131.81 4) DuPage Convention & Visitors Bureau – August 2016 – FY17 Co Op Advertising - $61,301.47 5) Tyler Technologies Munis Software Maintenance – Annual Renewal License Fees VILLAGE OF OAK BROOK MINUTES Page 3 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 - $50,319.01 6) Christopher B. Burke Eng. LTD – 2016 Street Improvement Project Construction Engineering Services – Payout #3 - $53,921.32 7) J.A. Johnson Paving – 2016 Street Improvement Project – Payout #3 - $456,704.20 8) Morrow Brothers Ford, Inc. – Unit #501 Vehicle Replacement - $48,514.00 9) Health Care Service Corporation – HMO Premiums – August 2016 - $33,918.22 10) Health Care Service Corporation – HMO Premiums – September 2016 - $29,270.59 11) Health Care Service Corporation – PPO Claims & Premiums – July 2016 - $158,969.11 12) Oak Brook Fire Pension – Retro Contributions – January 1, 2016 through August 4, 2016 - $37,699.25 13) Paramedic Services of Illinois – Contract Paramedics – August 2016 - $43,009.00 14) DuPage Water Commission – O & M Costs – July 2016 - $622,459.20 15) Wright Automotive, Inc. – Unit #450 Vehicle Replacement - $26,961.00 B. Approval of Payroll: 1) For Pay Period Ending August 13, 2016 - $787,455.47 2) For Pay Period Ending August 27, 2016 - $811,158.12 C. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Public Works Fuel Island Concrete Replacement 2) Customized Fire Department Utility Truck D. Budget Adjustments 1) Police – Transfer from Salaries Overtime to Salaries Part-time E. Ordinances & Resolutions 1) ORDINANCE 2016- LC-AL-G-1085, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois by Increasing by One to Two the Number of Authorized Class I Liquor Licenses (AMC Theaters Oakbrook Center 12) 2) ORDINANCE 2016- LC-AL-G-1086, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois by Increasing VILLAGE OF OAK BROOK MINUTES Page 4 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 by One to Twenty-Eight the Number of Authorized Class A-1 Liquor Licenses (Nando’s of Oakbrook) 3) RESOLUTION 2016-WA-DGSD-IGA-REPEAL-R-1585, A Resolution Repealing Resolution R-1554 4) RESOLUTION 2016-BGC-RNV-R-1587, A Resolution Approving and Authorizing the Award and Execution of a Contract for the Butler Government Center Restroom Renovations Project By and Between the Village of Oak Brook and Happ Builders, Inc 5) ORDINANCE 2016-PP-S-1471, 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 F. DuPage Mayors & Managers Conference 2016-2017 Membership Dues and Dept Assessment G. Change Order for 2016 Road Construction on Windsor Drive Road Rehab after Water Main Break Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Consent Agenda with the exception of Items 6.A.4, 6.C.2, 6.E.3, 6.E.4, and 6.G. and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 7. ITEMS REMOVED FROM THE CONSENT AGENDA 6.A.4 DuPage Convention & Visitors Bureau – August 2016 – FY17 Co Op Advertising - $61,301.47 Motion by Trustee Manzo, seconded by Trustee Baar, to approve this significant expenditure. In response to an inquiry from Trustee Manzo, it was affirmed that this is a quarterly payment. Trustee Manzo requested year-to-date information for this item. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 Abstain: 0 – None Absent: 0 – None Motion carried. 6.C.2 Customized Fire Department Utility Truck This item was moved for discussion to coincide with Agenda Item 9.C. 6.E.3 RESOLUTION 2016-WA-DGSD-IGA-REPEAL-R-1585, A Resolution Repealing Resolution R-1554 Motion by Trustee Tiesenga, seconded by Trustee Manzo, to approve this resolution. Trustee Tiesenga requested an explanation of the reason for the repeal and Village Attorney Diamond explained the statutory requirements, including reimbursement for lost water revenues. He stated that Downers Grove Sanitary District did not agree to this. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 6.E.4 RESOLUTION 2016-BGC-RNV-R-1587, A Resolution Approving and Authorizing the Award and Execution of a Contract for the Butler Government Center Restroom Renovations Project By and Between the Village of Oak Brook and Happ Builders, Inc. Motion by Trustee Tiesenga, seconded by Trustee Manzo, to approve this resolution. Trustee Tiesenga expressed concern about the length of this 200-page contract. Village Attorney Diamond replied that the Village’s standard contract is about 19 pages and the remainder has been added by the contractor. Discussion ensued regarding it not being necessary to have entire contracts or frivolous additions in the Board packet. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 6.G. Change Order for 2016 Road Construction on Windsor Drive Road Rehab after Water Main Break Motion by Trustee Tiesenga, seconded by Trustee Manzo, to approve this consent agenda item. Trustee Tiesenga commended Public Works Director Patchin for figuring out how to handle this issue. Trustee Tiesenga mentioned the Baxter-Woodman Survey in relation to VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 the water mains. Trustee Adler requested an explanation and Public Works Director Patchin provided the history of the Windsor Drive water main break and subsequent actions needed. Trustee Adler and Public Works Director Patchin discussed the financial issue regarding this project. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. York Road Associates LLC – Clearwater Development – Variations Motion by Trustee Moy, seconded by Trustee Manzo, that the Village Board approve the requested variations to Section 13-10E-3C.1, Section 13-10E-2C.1, and Section 13- 12-3C of the Village Code for the Clearwater Development to permit the construction of 120 additional parking spaces and additional landscaping subject to the following conditions: 1. Development is to be in substantial conformance with the plans as revised and submitted including meeting all conditions listed in items 1 through 5 of the Recommendation section of this memorandum, and 2. Adoption of an Ordinance necessary to grant the requested Variations which Ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the October 11, 2016 Board of Trustees meeting. Development Services Director Kallien stated that Plan Commission Chairman Marcia Tropinski and the Clearwater development team are present to address any concerns or questions. He provided a PowerPoint presentation regarding the overall site parking plan. Trustee Baar expressed concerns about this parking site plan and requested that more of the corner be preserved for green space. Plan Commission Chairman Tropinski provided further explanation for the additional parking and landscaping regarding this project. Civil Engineer Brent McQueen, from Mackie Consultants, responded to an expressed concern about parking space widths. It was affirmed that this variation request passed out of the Plan Commission unanimously. Questions were addressed by Development Services Director Kallien and additional comments were made about parking and traffic. Tim Doron, Senior Traffic Consultant with Sam Schwartz Engineering Traffic Consultants, discussed the performed parking study. Bridget O’Keefe, attorney for York Road Associates, LLC, also addressed the parking issues. Discussion ensued regarding possibly eliminating two parking spaces. John Grissim, of Lincoln Property, explained the ratio of the office parking spaces. Consensus to amend the motion to read “118” additional parking spaces. VILLAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. B. York Road Associates LLC – Clearwater Development – Special Use Amendment Motion by Trustee Moy, seconded by Trustee Manzo, that the Village Board concur with the recommendations from the Plan Commission and Zoning Board of Appeals approving the requested special use amendment for the Clearwater Development to permit the construction of additional parking spaces and landscaping subject to the following conditions: 1. Development is to be in substantial conformance with the plans as revised and submitted including meeting all conditions listed in items 1 through 6 of the Recommendation Section of this memorandum, and 2. 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 11, 2016 Board of Trustees meeting. Trustee Baar thanked Mr. Grissim and his team. Development Services Director Kallien mentioned that a restaurant will be added, and Mr. Grissim affirmed that it will be Egg Harbor. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 9. ACTIVE BUSINESS A. RESOLUTION 2016-GOLF-GREENS-R-1586, A Resolution Authorizing the Execution of a Third Amendment to the Fourth Modification to the Butler National Range Operations Agreement Motion by Trustee Adler, seconded by Trustee Manzo, that the Village Board approve Resolution 2016-Golf-Greens-R-1586, A Resolution Authorizing The Execution of A Third Amendment To The Fourth Modification To The Butler National Range Operations Agreement. Trustee Adler discussed the history of this Agreement, and inquired regarding the cost and responsibilities of removing the elevated target greens. Village Attorney Diamond stated that this Agreement only modifies the dollar amount and the term of the Agreement, and VILLAGE OF OAK BROOK MINUTES Page 8 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 Golf Club Manager Creed affirmed that it is the responsibility of Butler to remove the elevated target greens. Some discussion ensued regarding the Village’s special events. David Lind, President of Butler National Golf Course, came to the podium and made some brief remarks. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. B. Cell Telephone Carrier Lease Discussion Trustee Tiesenga introduced this item and Information Technology Director Fox provided a PowerPoint presentation illustrating the history of the cell tower and an update regarding existing conditions. Mike Howley, of Insight, representing Verizon Wireless, discussed options regarding construction of a new tower, modification of the current tower, and relocation costs. Opinions were expressed. C. RESOLUTION 2016-FD-V-LS-R-1588, A Resolution Approving the Waiver of Competitive Bidding and Authorizing a Lease to Own Agreement Relative to a Fire Rescue Engine Motion by Trustee Baar, seconded by Trustee Moy, that the Village Board waive further bidding since the Houston-Galveston Area Council (HGAC) has already conducted the bid process and lease to own one 2016 Pierce Enforcer Rescue Engine through Pierce Manufacturing in the amount of $744,579 and authorize to seek a 10 year vehicle lease agreement through JP Morgan Chase. Trustee Baar introduced this item. Fire Chief Liss explained the critical need for this vehicle. Public Works Director talked about the repairs necessary and lack of available replacement parts for the current equipment. Fire Chief Liss clarified what equipment is being replaced and what would be held in reserve. Questions were asked and addressed by Fire Chief Liss and Public Works Director Patchin. Opinions were expressed regarding leasing, purchasing or deferring the expenditure, base model versus customized, and bids submitted through the HGAC. Lengthy discussion continued, including the additional pension contributions. Village Attorney Diamond stated that there are two separate matters, one being buying the truck without competitive bidding, where four Trustees must be in favor without the President voting. He added that a motion is needed regarding how to purchase it, then at the next meeting a motion and 2/3 vote (five) is needed to amend the budget, with the President voting. Trustee Baar called the question on the original motion. ROLL CALL VOTE: Ayes: 3 – Trustees Baar, Moy, Tiesenga Nays: 3 – Trustees Adler, Manzo, Yusuf VILLAGE OF OAK BROOK MINUTES Page 9 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 Abstain: 0 – None Absent: 0 – None Motion failed. Motion by Trustee Yusuf, seconded by Trustee Adler, that the Village Board waive further bidding, since the Houston-Galveston Area Council has already conducted the bid process, and make an outright purchase of a 2016 Pierce Enforcer Rescue Engine through Pierce Manufacturing in the amount of $744,579, subject to adjustments to the budget to be made at the next meeting. ROLL CALL VOTE: Ayes: 4 – Trustees Adler, Baar, Moy, Yusuf Nays: 2 – Trustees Manzo, Tiesenga Abstain: 0 – None Absent: 0 – None Motion carried. 6.C.2 Customized Fire Department Utility Truck This item was removed from the Consent Agenda. Motion by Trustee Baar, seconded by Trustee Adler, that the Village Board authorize staff to prepare specifications and solicit competitive requests for proposals for the purchase of a modified utility truck for use by the Fire Department’s Dive, Hazardous Materials and Technical Rescue response teams. Trustee Baar explained the necessity of this item. Fire Chief Liss provided a PowerPoint presentation illustrating the issues with the current 1999 utility vehicle and a financial breakdown. Opinions were expressed and questions were addressed by Fire Chief Liss. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. D. RESOLUTION 2016-PW-V-MAINT-AG-R-1591, A Resolution Waiving Competitive Bidding and Authorizing the Execution of a Professional Services Agreement Between the Village of Oak Brook and Mercury Associates, Inc. in Relation to Fleet Management Consulting Services Motion by Trustee Tiesenga, seconded by Trustee Manzo, that the Village Board waive bidding and approve a Professional Services Agreement with Mercury Associates, Inc. to provide Fleet Management Consulting Services. Trustee Manzo commented on this item. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf VILLAGE OF OAK BROOK MINUTES Page 10 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. E. Heritage Center Exterior Renovations and Improvements Project 1) RESOLUTION 2016-BSLMUSEUM-CNTRCT-R-1589, A Resolution Approving and Authorizing the Award and Execution of a Contract for the 2016 Heritage Center Exterior Renovations and Improvements Project By and Between the Village Of Oak Brook and Troop Contracting, Inc. (Option #1) No motion was made for Option #1. 2) RESOLUTION 2016-BSLMUSEUM-CNTRCT-R-1590, A Resolution Approving and Authorizing the Award and Execution of a Contract for the 2016 Heritage Center Exterior Renovations and Improvements Project By and Between the Village Of Oak Brook and Troop Contracting, Inc. (Option #2) Motion by Trustee Tiesenga, seconded by Trustee Manzo, that the Village Board award a contract to the lowest responsive and responsible bidder, Troop Contracting, Inc., Willowbrook, Illinois, for the Heritage Center Exterior Renovations and Improvements Project in the amount of $105,000 (alternate bid amount); and that the Village Board approves Resolution R-1590. Trustee Tiesenga discussed this item. Village Attorney Diamond stated that if this Motion passes, the number will be changed to R-1589. Comments were made. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 10. INFORMATION & UPDATES A. Village Manager Village Manager Ginex thanked Fire Chief Liss for a very moving 911 ceremony. He remarked that he and Development Services Director Kallien met with the new general manager for General Growth Properties. B. Village Clerk Village Clerk Pruss discussed voter registration for the upcoming general election. She stated that the consolidated election is April 4th and mentioned the deadline for petitions. VILLAGE OF OAK BROOK MINUTES Page 11 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 C. Trustees Trustee Tiesenga remarked about the Ronald McDonald House Charity. He mentioned the status of the “Map Amendment” legislation and the Illinois Supreme Court decision Trustee Manzo remarked on the 911 ceremony, and Westmont’s decision regarding Oak Brook Hills. He also responded to comments made earlier about the Sports Core. He also urged being fiscally conservative. Trustee Baar also mentioned the Sport Core and the 911 ceremony. Trustee Moy also commented on the 911 ceremony and the Sports Core. Trustee Adler discussed the Committee-of-the-Whole meeting scheduled for October. He remarked about a recent Hotel Committee meeting and a request from the Committee to consider additional leeway from the funds. Trustee Yusuf also remarked about the 911 ceremony, the Sports Core and urged people to vote in the general election. D. Village Attorney Village Attorney Diamond thanked the Board for a very interesting meeting. E. Village President Public Works Director Patchin discussed the 22nd Street beautification and pedestrian access. Golf Club Manager Creed remarked that this is the best time to golf. Bath & Tennis Club Manager thanked the residents for their input and discussed proposed improvements to increase the members’ experience. Acting Finance Director Paprocki discussed that they are moving forward with budget meetings. Fire Chief Liss announced that the Department is the recipient of a Federal Financial Assistance Grant toward the purchase of a self-contained breathing apparatus. He also talked about the hybrid tollway billing process, and a grant from IRMA toward stretcher cots and lifts to reduce workers’ compensation claims. He thanked everyone for the comments made about the 911 ceremony. Development Services Director Kallien spoke about a recent meeting with Dan Cronin , VILLAGE OF OAK BROOK MINUTES Page 12 of 12 REGULAR MEETING OF SEPTEMBER 13, 2016 ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk and also the Drake Hotel/York Woods project. 11. ADJOURNMENT Motion by Trustee Yusuf, seconded by Trustee Tiesenga, to adjourn the Regular Meeting of the Board of Trustees at 11:16 p.m. VOICE VOTE: Motion carried.