Loading...
Minutes - 01/08/2008 - Board of Trustees (2)MINUTES OF THE JANUARY 8, 2008 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 25, 2008 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by Manager Niemeyer in the Samuel E. Dean Board Room of the Butler Government Center at 7:32 p.m. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: President John W. Craig IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Dale L. Durfey, Jr., Village Engineer and Darrell J. Langlois, Finance Director. Motion by Trustee Sanford, seconded by Trustee Carson, to appoint Trustee Kennedy as Acting Chairman in the absence of President Craig. VOICE VOTE: Motion carried. The Pledge of Allegiance was given. 3. PRESIDENT'S OPENING COMMENTS Acting Chairman Kennedy reported that President Craig and his wife were on a well deserved vacation. Acting Chairman Kennedy asked Manager Niemeyer to introduce Blaine Wing, the new Assistant Village Manager, and welcomed him to the Village. Manager Niemeyer described the projects ahead for him. Acting Chairman Kennedy commended the Fire Department on their efforts in a water rescue situation in the Village. 4. RESIDENTNISITOR COMMENT There were several visitors who wished to address the Board on the land issues that were to come before the Board later in the Agenda and Acting Chairman Kennedy indicated that they would be called upon at that time. 5. APPROVAL OF MINUTES — None presented VILLAGE OF OAK BROOK Minutes Page 1 of 15 JANUARY 8, 2008 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. A. ACCOUNTS PAYABLE 1) Ratification for Period Ending December 28, 2007 - $858,128.20 2) For Period Ending January 4, 2008 - $ 119,761.46. Significant Items included in Above: a. Nugent Golf, Inc. - Payout 44 & Final - Pond Bank Stabilization Project - $6,500.00 b. Kubiesa, Spiroff, Gosselar, Acker & Kern - Legal Services - November, 2007 - $4,393.07 c. Seyfarth Shaw, LLP - Legal Services - November, 2007 - $4,378.75 B. APPROVAL OF PAYROLL 1) For Pay Period Ending December 15, 2007 - $699,755.43 2) For Pay Period Ending December 29, 2007 - $698,267.63 C. COMMUNITY DEVELOPMENT REFERRALS - None presented D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None presented E. BUDGET ADJUSTMENTS 1) Library - General Equipment F. RESOLUTION R -1003, A RESOLUTION AUTHORIZING THE DESTRUCTION OF THE VERBATIM RECORD OF CLOSED MEETINGS OF THE VILLAGE OF OAK BROOK BOARD OF TRUSTEES 06/27/06 At the Village Board meeting of April 10, 2007 the Village Board passed Ordinance G -830 which established procedures to authorize the destruction of the verbatim record of closed meetings of the Village of Oak Brook Board of Trustees. The audio recording of the June 27, 2006 Closed Meeting is before the Board to consider under the consent agenda for the approval of its destruction. This verbatim recording is eighteen (18) months old and minutes have been approved for the meeting. A favorable vote shall be deemed to authorize the Village Clerk to destroy the verbatim records of such closed meetings in a suitable manner. Under separate cover in a confidential envelope are the minutes of this closed meeting to indicate they were written and provide the context of the meeting. VILLAGE OF OAK BROOK Minutes Page 2 of 15 JANUARY 8, 2008 6. F. Even with this procedure in place, the Manager, the Village Attorney, or a Trustee may recommend or request that a particular tape be held. In order to retain a particular tape, a Trustee would need to request that the item be removed from the consent agenda for separate consideration and denial of approval for destruction. In most instances, however, it is in the Village's best interest to destroy the tapes as soon as legally possible, as indicated above. The requested action was for passage of Resolution R -1003, A Resolution Authorizing the Destruction of the Verbatim Record of Closed Meetings of the Village of Oak Brook Board of Trustees. G. ORDINANCE G -852, AN ORDINANCE REVISING PLAN REVIEW FEES AND AMENDING SECTIONS 8 -5 -2 AND 9 -7 -8 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK At the December 11, 2007 meeting, the Village Attorney was directed to prepare the ordinance granting approval of amendments to Titles 8 and 9 of the Village Code which updates the fee schedule. Accordingly, the Attorney has prepared Ordinance G -852 which amends Titles 8 and 9 of the Village Code. The requested action was for passage of Ordinance G -852 which amends Titles 8 and 9 of the Municipal Code regarding Engineering Plan Review Fees. H. ORDINANCE G -850, AN ORDINANCE REVISING THE BOND AND FEE SCHEDULE BY AMENDING SECTION 10 -4 -1B OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK At the December 11, 2007 meeting, the Village Attorney was directed to prepare the ordinance granting approval of amendments to Title 10 — Chapter 4 Building Regulation of the Village Code which updates the fee schedule for new construction activities (e.g. permits, plan review and inspections). Accordingly, the Attorney has prepared Ordinance G -850 which amends Title 10 of the Village Code. The requested action was for passage of Ordinance G -850 which amends Title 10 of the Municipal Code regarding Building Permit Fees. I. TREASURER'S REPORT - NOVEMBER, 2007 Acting Chairman Kennedy asked if anyone on the Board wished to have any item removed from the Consent Agenda. VILLAGE OF OAK BROOK Minutes Page 3 of 15 JANUARY 8, 2008 6. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented 8. BOARD & COMMISSION RECOMMENDATIONS A. STARBUCK'S COFFEE C/O TJ DESIGN STRATEGIES — 2407 22ND STREET — VARIATION TO SECTION 13- 11 -7A -5 OF THE SIGN REGULATIONS At its meetings on October 2, 2007, November 6, 2007 and December 4, 2007, the Zoning Board of Appeals held the required public hearing and completed its deliberations on a request from TJ Design Strategies as the authorized representative of Starbucks Coffee Company on behalf of the Mary Ann R Monty Trust #8 -1995, the owner of the property seeking approval of two variations to Section 13- 11 -7A.5 of the Zoning Ordinance. Specifically, the applicant is seeking a variation to permit a 55.5 square foot ground sign on a commercial property that is less than three acres in size. The second variation is for relief from the requirement that the sign be not closer than ten feet (10') from a lot line. The applicant has proposed that ground sign to be located one (1) foot from the lot line along 22nd Street and five (5) feet from the east side yard. 1. VARIATION TO ALLOW A GROUND SIGN ON B -1 PROPERTY WITH LESS THAN 3 ACRES On December 4, 20075 by a vote of 5 to 1, the Zoning Board of Appeals found that the applicant addressed and satisfied the requirements for approval of a variation to permit a ground sign on a parcel that is less than three (3) acres in size in the B -3 District subject to the following conditions: 1. Construction of the sign to be in accordance with the plans as submitted, including the landscaping plan. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as specifically varied or waived. Motion by Trustee Sanford, seconded by Trustee Wolin, to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13- 11 -7A.5 of the Zoning Ordinance to permit a ground sign on a property of less than three acres in size on the property located at 2407 22nd Street subject to the following conditions: VILLAGE OF OAK BROOK Minutes Page 4 of 15 JANUARY 8, 2008, 8. A. 1) a. Construction of the sign to be in conformance with the plans as submitted, including the landscape plan; b. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as specifically varied or waived; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the January 22, 2008 Board of Trustees meeting. VOICE VOTE: Motion carried. 2. VARIATION TO ALLOW THE GROUND SIGN TO ENCROACH INTO THE FRONT AND SIDE SETBACK REQUIREMENTS Also by a vote of 5 to 1, the Zoning Board of Appeals found that the applicant addressed and satisfied the requirements for approval of a variation to allow the ground sign to be placed one (1) foot from the front lot line along 22nd Street and five (5) feet from the side lot line subject to the following conditions. 1. The development shall be in substantial conformance with the plans as submitted on pages E, G and H of the case file. 2. The sign will comply with all Village lighting standards at time of building permit application. 3. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived. Motion by Trustee Sanford, seconded by Trustee Saiyed, to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13- 11 -7A.5 of the Zoning Ordinance to permit a ground sign to be placed one (1) foot from the front lot line along 22nd Street and five (5) feet from the side lot line subject to the following conditions: a. The development shall be in substantial conformance with the plans as submitted on pages E, G and H of the case file; b. The sign will comply with all Village lighting standards at time of building permit application; c. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as specifically varied or waived; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the January 22, 2008 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 5 of 15 JANUARY 8, 2008 8. B. FRANK PAUL DEVELOPMENT CORP. — DANA PARK SUBDIVISION — 3111 -3115 MEYERS ROAD At its meeting on December 4, 2007 the Zoning Board of Appeals held the required public hearing and completed its deliberations on a request from the Frank Paul Development Corporation, on behalf of Dana Park, LLC, the owner of the 3 -lot Dana Park Subdivision located south of the southeast corner of Meyers Road and Oak Brook Road (31St Street) seeking approval of a map amendment to R -3. An alternate request for a map amendment to R -4 was withdrawn by the applicant. With the proposed amendment to R -3, the applicant would seek future platting of the property into five single- family lots. Also, because of the existing grading and stormwater management facilities that have been developed, the applicant is seeking approval of a variation to Section 13- 6C -3.F.1 of the Zoning Ordinance in order to redevelop the existing Dana Park Subdivision from three (3) one -acre lots to five (5) R -3 sized lots (25,000 square foot minimum) with 30 -foot front yard setbacks instead of the ordinance standard of 40 -foot front yard setbacks. They are also seeking relief to the yard abutting Meyers Road for proposed Lot 1 from 40 feet to 30 feet. MAP AMENDMENT — TO REZONE THE PROPERTY FROM R -2 TO R -3 At its meeting on November 20, 2007, the Plan Commission reviewed the request and found that the applicant had addressed and satisfied the requirements for a map amendment. By a vote of 4 to 0, the Plan Commission unanimously recommended approval of the request to rezone the subject property, known as Dana Park Subdivision located at 3111 -3115 Cara Lane, from R -2 to R -3, subject to the submission of a revised final plat. As part of the motion, the Plan Commission made the following comments: 1. They were aware that the applicant was seeking approval of variations to the setbacks. 2. Relative to the request for R -4 the Plan Commission noted that R -4 zoning is inappropriate and less desirable for that area. At its meeting on December 4, 2007, the Zoning Board of Appeals held the required public hearing and a motion to approve the map amendment failed, by a vote of 3 to 3, and did not concur with the Plan Commission recommendation to approve the request to rezone the subject property, known as Dana Park Subdivision located at 3111 -3115 Cara Lane, from R -2 to R -3. Because the vote did not have the 4 vote majority needed for approval, the matter will be sent on to the Village Board as a denial for the request. VILLAGE OF OAK BROOK Minutes Page 6 of 15 JANUARY 8, 2008 8. B. 1) Trustees Wolin and Carson concurred with the project stating that this project upgrades the area in which they are being built by replacing three smaller and older homes currently in the flood plain with five larger, newer homes not in a flood plain. They felt it always made sense to remove areas from a flood plain. Trustee Saiyed had some concerns about the gatehouse for the development. Mr. John Brechin responded that they changed the location of the gatehouse as a result of concerns of local residents in order to be good neighbors. Motion by Trustee Sanford, seconded by Trustee Wolin, to concur with the recommendation from the Plan Commission for approval, and to not concur with the Zoning Board of Appeals recommendation for denial, of a requested map amendment from R -2 to R -3 for the property commonly known as the Dana Park Subdivision and authorize the Village Attorney to draft the necessary ordinance for final consideration at the January 22, 2008 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 2. VARIATIONS — REDUCE FRONT YARD SETBACKS IN THE DANA PARK SUBDIVISION TO 30 FEET AND TO REDUCE THE LOT 1 SIDE YARD ABUTTING A STREET TO 30 FEET At its meeting on December 4, 2007, by a vote of 6 to 0, the Zoning Board of Appeals found that the applicant addressed the requirements and standards for a variation and recommended approval of the request to reduce the front yards setbacks and side yard abutting a street in the Dana Park Subdivision to 30 feet. Motion by Trustee Sanford, seconded by Trustee Wolin, to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13- 6C -3.F.1 of the Zoning Ordinance to permit 30 -foot front yards and 30 -foot side yards abutting a street for the property commonly known as the Dana Park Subdivision and authorize the Village Attorney to draft the necessary ordinance for final consideration at the January 22, 2008 Village Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. C. ADVOCATE HEALTH AND HOSPITALS CORP.— 1400 KENSINGTON ROAD — VARIATION — PARKING REGULATIONS TO ALLOW CONSTRUCTION OF MORE THAN SIX PARKING SPACES IN THE SIDE YARD ADJOINING A STREET At its meetings on December 4, 2007, the Zoning Board of Appeals held the required public VILLAGE OF OAK BROOK Minutes Page 7 of 15 JANUARY 8, 2008 8. C. hearing and completed its deliberations on a request from Advocate Health and Hospitals Corporation, the owner of the property at 1400 Kensington Road seeking approval of a variation to Section 13- 12 -31-1-2 of the Zoning Ordinance. Specifically, the applicant is seeking a variation to permit the construction of a new 87 space parking lot on the east side of the property which is located in a side yard setback of Kensington Court. The building setback for properties in the ORA -1 District is 100 feet. However, Section 13- 12 -3H -2 permits the construction of a maximum of six (6) parking spaces within a setback adjacent to a street subject to the provision of a setback of at least 25 feet. The new parking spaces are needed to accommodate the parking demand of the planned build -out of the building's lower level. To minimize the visual impact on the adjacent properties, the applicant is proposing that a berm and landscaping be installed within the 25 foot setback between the new parking lot and Kensington Court. On December 4, 2007, by a vote of 6 to 0, the Zoning Board of Appeals found that the applicant addressed and satisfied the requirements for approval of a variation to Section 13- 12-3H-2 of the Zoning Ordinance to permit the construction of an 87 space parking lot in a side yard abutting a street subject to the following conditions: 1. Development is to be in substantial conformance with the revised site plan on page H (Prepared by Cowhey Gudmundson Leder, Ltd. dated November 8, 2007); revised landscape plan on page I; and the Typical Section plan on page 10 (Prepared by Cowhey Gudmundson Leder, Ltd. dated December 4, 2007) of the case file. 2. The proposed parking lot lighting must meet the Village Code requirement of .5 foot - candle at the property line. 3. Include the provision, "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Motion by Trustee Sanford, seconded by Trustee Wolin, to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13-12 - 3H.2 of the Zoning Ordinance in order to construct a new 87 space parking lot in the 100 - foot side yard along Kensington Court subject to the following conditions: 1) The development shall be in substantial conformance with the plans as submitted on pages H, I and 10 of the case file. 2) The proposed parking lot lighting must meet the Village Code requirement of .5 foot - candle at the property line 3) Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as specifically varied or waived; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at VILLAGE OF OAK BROOK Minutes Page 8 of 15 JANUARY 8, 2008 8.C. the January 22, 2008 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented B. ORDINANCES & RESOLUTIONS In conjunction with the recent approval of the Insite Oak Brook Limited Partnership requests for a text amendment, special use and variations necessary to redevelop the property located at 1603 16th Street as a drive -thru banking facility, the Village Attorney was directed to prepare the necessary resolution and ordinance which approve an intergovernmental agreement with the City of Oakbrook Terrace and annexation of property to the Village of Oak Brook. Accordingly, the Attorney has prepared Resolution R -1002 and Ordinance S -1221. 1) RESOLUTION R -1002 WHICH PROVIDES FOR THE DISCONNECTION OF LAND FROM THE CITY OF OAKBROOK TERRACE AND THE ANNEXATION OF LAND TO THE VILLAGE OF OAK BROOK Motion by Trustee Sanford, seconded by Trustee Carson, for passage of Resolution R- 1002 which provides for the disconnection of land from the City of Oakbrook Terrace and the annexation of land to the Village of Oak Brook. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) ORDINANCE 2008 -AN -EX 1 -5 -1221 ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF OAK BROOK. Motion by Trustee Sanford, seconded by Trustee Saiyed, for passage Ordinance S -1221 annexing certain territory to the Village of Oak Brook. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) RESIDENTIAL REFUSE COLLECTION AGREEMENT CONTINUED FROM DECEMBER 11, 2007 VILLAGE OF OAK BROOK Minutes Page 9 of 15 JANUARY 8, 2008 9. C. 1) The Village Board, at its December 11, 2007 meeting, continued this subject to allow time for the Village Attorney to finish revisions to the Agreement. It should be noted that the attached Agreement was substantially rewritten from that which had been used in previous years. The Village Board had previously, at its July 10, 2007 meeting, expressed general consensus for a two -year extension of the Agreement with Allied Waste and with the requested rate increases, and authorized staff to continue negotiations with Allied Waste. Staff recommends that the two changes requested by Allied Waste — fuel recovery and change of law provisions not be incorporated into the Agreement. It is staff s feeling that the recommended rate increases are adequate to cover increased costs during the two -year period. As requested by the Village Board at its July 10`" meeting, Allied Waste provided an estimated cost of $575,000 per year that the Village would need to pay in order to provide free basic once per week curbside pickup of trash for all residential properties. Allied also provided rate information for DuPage municipalities served by their company , a history listing Oak Brook's refuse collection rates from 1989 to the present, and a list of Industry Specific Costs. The current rates, as well as the proposed rates from Allied, are as follows: Option Description Current Year 4 % Year 5 % Increase Rate —2008 Increase —2009 Residential Once -Per- 14.50 15.95 10% 17.55 10% Billing Week Curbside Twice -Per- 23.30 25.65 10% 28.20 10% Week Curbside Once -Per- 21.45 25.75 20% 28.35 20% Week Back Door Twice -Per- 32.00 38.40 20% 42.25 20% Week Back Door Yard 2.14 2.35 10% 2.50 10% Waste Motion by Trustee Manofsky, seconded by Trustee Sanford, to approve the "Agreement Providing for the Collection and Disposal of Single Family Residential Waste" between VILLAGE OF OAK BROOK Minutes Page 10 of 15 JANUARY 8, 2008 9. C. 1) the Village of Oak Brook and Allied Waste Services for Refuse, Recycling, and Yard Waste Collection Services, subject to staff review, with rates increased as indicated in the table, for the 2008 and 2009 years. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) FIRE DEPARTMENT PUMPER PURCHASE CONTINUED FROM DECEMBER 11, 2007 At the last Village Board meeting, the Village Board approved the purchase of a 2007 Pumper from (E -1) Emergency One (a subsidiary of Federal Signal) at a price of $394,735. This price was offered on a negotiated basis without going out for bids or request for proposals and included a 4% discount if the Village paid up -front as opposed to waiting for delivery of the Pumper. The purchase of the Pumper was contingent upon Trustee Carson's and the Village Manager's recommendations to have an internal committee review this purchase. As was disclosed at the December 11 th meeting, Chief Bodony has done work for E -1 in the past and, as the Fire Chief he was the one making the recommendation on this purchase. The Village wanted to make sure that others in the organization reviewed the Chief's recommendation as it could be perceived that Chief Bodony has a conflict of interest with his recommendation. A committee was assembled composed of the following members: Trustee Wolin, David Niemeyer, Village Manager; Deputy Chief McEllin; Lieutenant Mark Schoppe; Public Works Mechanic Alex Kostueck; Bruce F. Kapff, Director of Information Services & Purchasing and Purchasing Coordinator, Rania Serences. Trustee Carson was unable to participate due to business conflict. The committee reviewed the following aspects of the purchase: -How does the price offered by E -1 compare to purchases of similar Pumpers? -Are there operational advantages to adding another E -1 vehicle to our fleet? - Should the Village be concerned about recent disclosures of E -l's financial challenges? Price Review of the proposed E -1 Pumper purchase to the last Pumper purchased in 2004, as well as recent Pumper purchases by other municipalities and the Northwest Municipal Conference. The conclusion was that the price discount the Village was receiving was significant. Further, if we go through a bid or RFP process, a dealer may be involved which could increase the price. Operational Advantages Lt. Mark Schoppe outlined a number of advantages in vehicle uniformity which is an important factor. VILLAGE OF OAK BROOK Minutes Page 11 of 15 JANUARY 8, 2008 9. C. 2) E -1 Financial Challenges A number of newspaper articles have surfaced recently concerning E -1's falling fire truck sales and concerns about its financial future. In addition, the chairman of Federal Signal, James Goodwin, recently announced his resignation amid concerns about its E -1 subsidiary. I asked E -1 to give us information in response to the questions about E -1's financial stability. I have attached the newspaper articles as well as well as E -1's response. Trustee Wolin and the Village Manager concurred with the Village Board's original decision to purchase the Pumper from E -1. This is based primarily on the committee's opinion that the Village is getting an excellent price for this vehicle and that a bid or RFP process could increase the cost of the vehicle. Furthermore, there are advantages to vehicle uniformity and this purchase allows the village to support a major employer in Oak Brook. We would however, recommend that the Village not take advantage of the 4% pre- payment discount. This would effectively increase the price to $411,182. However, since the Village will not have to pay for this vehicle until late 2008, the Village will be able to earn another 8 -9 months of interest on these funds. Also, it eliminates the risks involved with the Village potentially fronting funds for a vehicle to a company that is having some financial challenges. Conclusion Trustee Wolin and Manager Niemeyer concurred with the Village Board's original decision to purchase the pumper from E -1. This is based primarily on the committee's opinion that the Village is getting an excellent price for this vehicle and that a bid or RFP process could increase the cost of the vehicle. Furthermore, there are advantages to vehicle uniformity and this purchase allows the Village to support a major employer in Oak Brook. It was recommended that the Village not take advantage of the 4% pre - payment discount. This would effectively increase the price to $411,182. However, since the Village will not have to pay for this vehicle until late 2008, the Village will be able to earn another 8 -9 months of interest on these funds. Also, it eliminates the risks involved with the Village potentially fronting funds for a vehicle to a company that is having some financial challenges. Motion by Trustee Wolin, seconded by Trustee Sanford, That the Board of Trustees affirm its previous decision to waive the bid process and approve a contract with Emergency One, Inc for the purchase of a 2008 Emergency One Cyclone II Pumper; however, the new price is $411,182 based on the Village not including a pre - payment discount. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 12 of 15 JANUARY 8, 2008 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented B. ORDINANCES & RESOLUTIONS 1) ORDINANCE G -851, AN ORDINANCE INCREASING THE NUMBER OF LIQUOR LICENSES -GROTTO OAK BROOK Grotto Oak Brook, LLC has made application to the Village of Oak Brook for a Class A -1 Liquor License for their new restaurant, Grotto Oak Brook located at 3011 Butterfield Road, Suite 101 in the Promenade. The approval of this liquor license will increase the number of A -1 liquor licenses in the Village of Oak Brook from 22 to 23. Background checks are being processed at this time for the owners and the general manager. The applicant has requested that this application be brought before you for your consideration at the Village Board's regular meeting of January 8, 2008. Enclosed for the Village Board's review is the Application for a Liquor License. All ordinance submittal requirements have been met. Motion by Trustee Sanford, seconded by Trustee Wolin, for passage of Ordinance G- 851, "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: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS — None presented D. ISSUANCE OF LIQUOR LICENSE - WYNDHAM DRAKE HOTEL Drake Oak Brook Holdings, LLC d /b /a The Drake Oak Brook - Wyndham Grand has entered into a Purchase and Sale Agreement with the Drake Oak Brook, LLC for the purchase of the property at 2301 York Road with an expected closing date of January 10, 2008. The Drake Oak Brook Holdings, LLC d /b /a The Drake Oak Brook - Wyndham Grand has made application for a Class E Liquor License. The operation of the establishment is not changing nor is the layout or function. The General Manager remains the same and submittals for a liquor license have been met by Oak Brook Holdings, LLC. The Local Liquor Commissioner, John Craig will issue a Class E Liquor License to Drake Oak Brook Holdings, LLC d /b /a The Drake Oak Brook - Wyndham Grand as of January 10, 2008 subject to Attorney review. The issuance of this license does not increase the number of Class E licenses in the Village of Oak Brook. VILLAGE OF OAK BROOK Minutes Page 13 of 15 JANUARY 85 2008 10. D. Motion by Trustee Saiyed, seconded by Trustee Sanford, for approval of issuance of Class E Liquor License for Drake Oak Brook Holdings, LLC d /b /a The Drake Oak Brook - Wyndham Grand. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT — None presented B. VILLAGE MANAGER — None presented C. VILLAGE CLERK — Clerk Pruss reported on recent voter registration and explained the absentee ballot application process. 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 (2c 11) Acting Chairman Kennedy indicated that the Board will not take any final action after the Closed Meeting. Motion by Trustee Manofsky, seconded by Trustee Carson, 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 (2cl 1) at 8:25 p.m. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 13. RECONVENE — 9:35 p.m. 14. ACTION ON DIRECTION GIVEN IN CLOSED MEETING — None presented 15. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Sanford, to adjourn the Regular Meeting of the Board of Trustees at 9:36 p.m. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 14 of 15 JANUARY 8, 2008 ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 15 of 15 JANUARY 8, 2008