Minutes - 01/09/2007 - Board of Trustees2.
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5.
MINUTES OF THE JANUARY 9, 2007 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS AMENDED ON
FEBRUARY 27, 2007.
CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:31
p.m. The Pledge of Allegiance was given.
ROLL CALL
Deputy Village Clerk Carol Harty called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig,
Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Asif
Yusuf.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; Kenneth T. Kubiesa, Village Attorney; James Bodony,
Fire Chief, Robert L. Kallien, Jr., Director of Community Development;
Bruce F. Kapff, Director of Information Services & Purchasing; Margaret
Klinkow Hartmann, Library Director; Michael J. Meranda, Public Works
Director; Nelson Patras, Bath & Tennis Club Operations Manager; Thomas
Sheahan, Chief of Police and Trey VanDyke, Golf Club Manager;
PRESIDENT'S OPENING COMMENTS - None presented.
RESIDENT /VISITOR COMMENT
Residents wishing to address the Board agreed to defer their comments to the time that the
issue was addressed on the agenda.
APPROVAL OF MINUTES
A. Special Board of Trustees Meeting of August 29, 2006
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the August 29, 2006 Special Board of Trustees Meeting as presented. VOICE VOTE:
Motion carried.
B. Special Board of Trustees Meeting of September 20, 2006
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of
the September 20, 2006 Regular Board of Trustees Meeting as presented. VOICE
VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page I of 19 JANUARY 9, 2007
5. C. Regular Board of Trustees Meeting of October 10, 2006
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of
the October 10, 2006 Regular Board of Trustees Meeting as presented. VOICE
VOTE: Motion carried.
D. Regular Board of Trustees Meeting of October 24, 2006
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of
the October 24, 2006 Regular Board of Trustees Meeting as presented VOICE
VOTE: Motion carried.
E. Special Committee of the Whole Meeting of October 25, 2006
Trustee Kennedy asked that the following paragraph be added to Page 10 under the
Hotel Tax Fund "Trustee Manofsky recommended increasing the Hotel Tax to 3%
with the additional revenues to be used for beautification on the streets near the hotels.
She pointed out that a 3% rate would still be well below the rates of other
communities. There was a Board consensus to support that proposal."
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of
the October 25, 2006 Special Committee of the Whole Meeting as amended. VOICE
VOTE: Motion carried.
F. Regular Board of Trustees Meeting of November 14, 2006
On page 8 in the second paragraph of Agenda Item 9.1). Trustee Kennedy suggested
rephrasing the sentence "He reminded the Board that it is one of only two revenue
sources that the Village has any control" to read "He reminded the Board that it is only
one of two revenue sources over which the Village has any control. Trustee Yusuf
suggested adding the word significant prior to "revenue sources ".
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of
the November 14, 2006 Regular Board of Trustees Meeting as amended. VOICE
VOTE: Motion carried.
G. Regular Board of Trustees Meeting of November 28, 2006
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of
the November 28, 2006 Regular Board of Trustees Meeting as presented. VOICE
VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 2 of 19 JANUARY 9, 2007
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 for
1) Ratification of Period Ending December 29, 2006 - $812,800.87
2) Period Ending January 5, 2007 - $257,879.34
B. Approval of Payroll for
1) Pay Period Ending December 16, 2005 - $690,427.97
2) Pay Period Ending December 30, 2006 - $676,088.57
C. Community Development Referrals
1) Christ Church of Oak Brook — 501 Oak Brook Road — Special Use
D. Authorization to Seek Bids or Proposals or Negotiate Contracts - None
E. Budget Adjustments - None
F. Treasurer's Report — November, 2006
G. Request Waiver of Fees - Christ Church of Oak Brook — 501 Oak Brook Road
H. 2007 Membership Renewal — National League of Cities
I. Ordinance 2007- ZO- MA -R -S -1180 - An Ordinance Amending The Zoning District
Map Concerning A Parcel Of Approximately 28.64 Acres From A Parcel Of
Approximately 57 Acres, Located At The Southeast Corner Of Route 83 And 35th
Street, Oak Brook, Illinois 60523 - Brittwood Creek, LLC — Map Amendment
J. Resolution 2007- SD- PP -V -R -960 - A Resolution Approving The Preliminary Plat Of
Subdivision For Brittwood Creek And Granting Certain Waivers And Variations
From Certain Provisions Of Section 14 -6 -2 (Design Standards) And Section 14 -6 -3
(Land Improvement Standards) Of Title 14 (Subdivision Regulations) Of The Village
Code Of The Village Of Oak Brook Relative To Block Layout, Width Of Private
Streets, Curbs And Gutters, And Sidewalks - Brittwood Creek, LLC - Subdivision......
K Ordinance 2007- CD -BC -G -821 - An Ordinance Amending Section 10 -4 -1 ( "Fee And
Bond Schedule ") Of Chapter 4 ( "Fees And Bonds ") Of Title 10 ( "Building
Regulations ") Of The Village Code Of The Village Of Oak Brook To Establish A
Revised Fee And Bond Schedule For Permits, Applications, Plan Review And
Inspections
L. Ordinance 2007- PW +SWM- FEE -G -822 - An Ordinance Amending Section 8 -5 -2
(Fees And Charges) Of Chapter 5 (Fees, Charges And Bonds) Of Title 8 (Public
Works) And Section 9 -7 -8 (Permit Fees) Of Chapter 7 ( Storm Water Management
Permits) Of Title 9 (Storm Water, Floodplain, And Sedimentation And Erosion
Control Regulations) Of The Village Code Of The Village Of Oak Brook, Illinois
M. Ordinance 2007 -LY -EX 1 -5 -1181 - An Ordinance Re- Adopting The Library
Computer Use Policy
N. Ordinance 2007 -LY -EX 1 -5 -1182 - An Ordinance Re- Adopting The Exhibits And
Displays Policy For The Oak Brook Public Library
O. Ordinance 2007- TX -MFT -R -961 - A Resolution for Improvement by Municipality
Under the Illinois Highway Code
VILLAGE OF OAK BROOK Minutes Page 3 of 19 JANUARY 9, 2007
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P. 2007 IRMA Contribution
Motion by Trustee Manofsky, seconded by Trustee Sanford, to approve the Consent
Agenda and authorize expenditures as presented. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
ITEMS REMOVED FROM CONSENT AGENDA - None presented.
BOARD & COMMISSION RECOMMENDATIONS
A. DEERPATH WOODS — FIVE -LOT PRELIMINARY PLAT — 12.2 ACRES — WEST
OF ADAMS ROAD, SOUTH OF BREAKENRIDGE FARM ROAD CONTINUED
FROM DECEMBER 12, 2006
Robert Barth, Attorney representing the Institute in Basic Life Principles, addressed
the Board indicating that the Institute sold this parcel to the petitioner and still owns a
portion of lot 6. As a result of concern from Breakenridge Farms residents relative to
access from the twelve acres onto Breakenridge Farm Road the Institute agreed to
sign along with Deerpath Woods LLC a restrictive covenant that would prohibit
access onto Breakenridge Farm Road. In addition, the Institute along with Deerpath
Woods LLC also committed to assign all of its interests and rights in the
Breakenridge Farm Homeowner's Association to the Homeowner's Association
stemming from its ownership of that part of lot 6. The Institute, although not a part
of this petition has made these concessions to accommodate the desires of the
residents of Breakenridge Farm and encouraged the Board to support the Deerpath
Woods project.
Resident Mark Iozzo spoke on behalf of his mother who was unable to attend and
reiterated her concerns for less than two acre zoning and allowing access to the new
development onto Breakenridge Farm Road. Trustee Aktipis asked whether he had
been given any assurances that these issues had been resolved. Mr. Iozzo responded
that he had been notified that there were signed agreements to that effect.
Trustee Kennedy explained that Deerpath Woods was planning a development of five
lots on 12 acres purchased from the Institute and that access would be provided by a
dead end street with a cul -de -sac off of Adams Road. He added that the applicant had
met all of the requirements of the Village Code. No zoning issues are involved and
the developer has been very responsive to the concerns of the Public Works
Department and the Engineering Department in terms of relocating the road in order
to solve the traffic issue. He recognized that there were separate issues between
Breakenridge and Deerpath Woods and Breakenridge and the Institute which are
private matters over which the Board has no jurisdiction.
VILLAGE OF OAK BROOK Minutes Page 4 of 19 JANUARY 9, 2007
8.A. Background
At its meeting on November 21, 2006, the Plan Commission completed its review
and deliberation on an application from Deerpath Woods LLC, the owner of the
subject property seeking approval of a five -lot preliminary plat of subdivision.
Access for the subdivision will be provided to Adams Road via the creation of
Deerpath Woods Court, a private cul -de -sac designed to Village standard. Two
stormwater management areas are depicted on the plat and will be located in an
easement on lot # 1 and lot 0.
Village Engineer Durfey and Public Works Director Meranda have reviewed this
submittal and have summarized their comments in separate memorandums dated
November 10, 2006.
Recommendation
The Plan Commission, by a vote of 5 to 0, (motion by Member Wolin, seconded by
Member Adrian) to recommend approval of the applicant's request for a 5 -lot
preliminary plat of subdivision of the 12.02 acre parcel of land subject to the
following:
1. Access to the subdivision will be from Adams Road to Deerpath Woods Court,
which will be a private cul -de -sac designed to Village standards.
2. Engineering approval of the road design, which includes the water and sewer lines
and the safety issues on Adams Road.
3. The developer is to move the gate further in from Adams Road so that it is not too
obtrusive from the road.
4. Engineering approval.
In making this recommendation, the Plan Commission found that the applicant met
all required conditions and standards applicable to granting approval of a preliminary
plat of subdivision.
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to concur with the
recommendation from the Plan Commission, and approve the preliminary plat of
subdivision for Deerpath Woods and authorize the Village Attorney to prepare the
necessary resolution for final consideration at the January 23, 2007 Board of Trustees
meeting. VOICE VOTE: Motion carried.
B. CLEARWATER — YORK ROAD EW, LLC C/O THE JOHN BUCK COMPANY —
2100/2122 YORK ROAD — TEXT AMENDMENT, SPECIAL USE AND
VARIATION
President Quinlan indicated that this project was one of the new exciting projects
similar to the Promenade that would help the Village continue to enjoy the lifestyle
residents were accustomed to without raising taxes. He introduced Mr. John Brechin
of the John Buck Company who gave a brief synopsis of the project which would
VILLAGE OF OAK BROOK Minutes Page 5 of 19 JANUARY 9, 2007
8.13. create a mixed -used development. The property currently has a three story office
building which would be retained and office warehouse which would be demolished.
The plan includes retail, restaurants, a health club, a six story 139 room hotel and a
sixteen story 62 unit residential condominium building. He reviewed the parking
layouts indicating that they met and exceed all Village standards. He discussed
traffic issues and how this development would prove beneficial to the area.
Susan Hammersley, Project Manager for the Clearwater Project and Senior Vice
President for the John Buck Company, provided a visual presentation of the project.
Backizround/History:
At its meeting on December 5, 2006, the Zoning Board of Appeals held the required
public hearings on two petitions from York Road EW LLC, c/o The John Buck
Company the owner of the properties at 2100 and 2122 York Road seeking approval
of a text amendment in the 0-4 District to permit as a special use, a mixed use
development on properties of 10 acres or more and a special use for the Clearwater
mixed -use project on the 15.64 acres bounded by 22" d Street on the south, Clearwater
Drive on the north and west, and York Road to the east.
The petitioner is proposing a text amendment to the 0-4 district which creates a
special use that is applicable to properties of 10 acres or more in size, and permits a
variety of permitted and special uses under the framework of a mixed -use project.
The proposed commercial uses for the project are imported from the current list of
permitted and special uses found in the B -1, B -2 and B -3 zoning districts. Because of
the unique nature of the project, the applicant is requesting that several of the existing
permitted and special uses in the B -1, B -2 and B -3 districts be excluded from the text
amendment.
The applicant is also seeking the inclusion of some additional land uses that are
currently not listed as either a permitted or special use in the B -1, B -2 or B -3 districts.
Key elements of this portion of the request include permitting: single - family attached
dwellings; outdoor dining areas adjacent to restaurants, and seasonal /portable carts
that are now limited to specific locations within Oakbrook Center.
The Clearwater project is planned to include over 450,000 square feet of mixed use
space and includes the existing three -story office building at the northwest corner of
York Road and 22nd Street, 80,000 square feet of retail /restaurant space, a 50,000
square foot health club, a 139 room, six -story limited service hotel, a 16 -story 65 -unit
residential condominium building, along with grade and structured parking, and a
detailed plan covering landscaping, signage and lighting.
Key design elements proposed for the Clearwater special use are summarized in the
following:
VILLAGE OF OAK BROOK Minutes Page 6 of 19 JANUARY 9, 2007
8.13. . Access to the site is provided off of York Road and Clearwater Drive.
• Parking for the condominium building will be underground.
• Parking for the retail, hotel, health club and office tenants will be provided both at
grade and below grade.
• A pedestrian walkway system connects all buildings and elements within the
proj ect.
• A park /open space element has been provided in front of the retail /condominium
uses.
• Outdoor dining is anticipated at the two primary restaurant locations (along 22 °d
Street).
• The use of seasonal /portable carts is anticipated within the Clearwater project.
• The maximum FAR will be increased from .80 to 1.0.
• The maximum building height will be increased from 8 stories or 118 -feet to 16
stories or 180 -feet.
• Fifteen (15) percent of all required parking spaces will be located within the 100 -
foot setback on York Road.
• A portion of the parking (up to 35 percent — located nearest to the office building)
will be designed to the office standard (width) of 8'6" while the balance will be
designed to a width of 9'0".
• A sign package has been designed for the Clearwater project.
Recommendation — Text Amendment
The Plan Commission, by a vote of 5 to 0, and the Zoning Board of Appeals, by a
vote of 7 to 0 have recommended approval of a text amendment as requested on
pages 35 -35.f of the case file to create a special use in the 0-4 District to permit a
mixed use development on parcels of 10 acres or more and to contain a variety of
uses including, office, retail, retail, hotel, health club and condominium housing in
order to facilitate construction of the proposed Clearwater project. In making this
recommendation, the Zoning Board finds that:
1. The applicant has addressed the standards and it appears that they have been
satisfied for recommendation of approval.
2. Exclude the use of "game rooms and pool rooms" from the list of uses under Item
1.H "Indoor entertainment facilities ".
Staff Comments
In addition to the issues raised by the Plan Commission and Zoning Board of Appeals
as part of their deliberations on the Clearwater project, Staff has identified two issues
that need to be brought to the attention of the Village Board.
First, the Fire Department continues to have some concerns on the layout of the
northern most parking areas that is located adjacent to the proposed hotel,
condominium and retail uses. Several parking spaces may need to be eliminated and
VILLAGE OF OAK BROOK Minutes Page 7 of 19 JANUARY 9, 2007
8.13. landscape islands may need to be reconfigured to ensure there is adequate room to
accommodate the turning movements of our largest emergency vehicles. Staff will
continue to work with the applicant to ensure that these issues are addressed as part of
the building permit review and approval process.
Finally, both the Plan Commission and Zoning Board were extremely positive on
staff's position that Planned Unit Development (PUD) provisions need to be
incorporated into the Zoning Ordinance so that when the next large redevelopment
project is proposed, the PUD can be the primary tool versus the current and more
cumbersome method of using text amendments, special uses, variations, etc.
Text Amendment
Motion by Trustee Kennedy, seconded by Trustee Manofsky, concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested text amendment to the Zoning Ordinance and authorize the
Village Attorney to draft the necessary ordinance for final consideration at the January
23, 2007 Board of Trustees meeting. VOICE VOTE: Motion carried.
Recommendation — Special Use
The Plan Commission, by a vote of 5 to 0, and the Zoning Board of Appeals, by a
vote of 7 to 0 have recommended approval of the requested special use for the
Clearwater mixed -use development in the 0-4 District in the conformance with the
detailed design plans submitted and as revised subject to the following conditions:
1. Applicant agrees to work with the Village staff to implement the intent of the
Bicycle Path System into and through the property; provide site amenities to
promote safe pedestrian and bicycle circulation; and eliminate the pedestrian
hazard along 22nd Street by relocating and widening the existing sidewalk to be
integral with the landscape and development.
2. The applicant's agreement to pay for the proposed traffic signal, the extension of
the right lane on York Road and all associated roadway improvements for the
development of the Clearwater project.
3. The applicant is to work with the Engineering department to resolve the
stormwater management issues.
4. The applicant agrees to work with the Village on the related traffic issues on York
Road.
5. Approval is subject to final plans as revised and predicated on the ability to adhere
to all other village codes and ordinances relative to building, fire prevention,
engineering, etc. at the time of building permit.
6. Continue the dialogue with village staff and all other parties regarding the long-
term traffic solutions for the area including both north and southbound traffic on
York Road, 22nd Street and access to southbound I -294.
VILLAGE OF OAK BROOK Minutes Page 8 of 19 JANUARY 9, 2007
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Special Use
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested special use to permit the construction of the Clearwater mixed -
use development on the property located at 2100 and 2122 York Road and authorize
the Village Attorney to draft the necessary ordinance for final consideration at the
January 23, 2007 Village Board of Trustees meeting. VOICE VOTE: Motion
carried.
Trustee Kennedy reported that as a result of these discussions and process it was
recognized that the Village did not have a Planned Unit Development (PUD) provision
in the Village Code and a strong recommendation came from the Plan Commission
and the Zoning Board of Appeals that the Village consider very quickly adopting a
PUD Ordinance. Staff concurred with this recommendation in order to more properly
evaluate this type of development.
He suggested that the Board meet as soon as reasonable as a Committee -of -the -Whole
and the consultants to begin consideration of adoption of a PUD ordinance. Trustee
Sanford agreed as did Trustee Yusuf who indicated that it would be a tool that
provided flexibility to unique situations. It was felt that Oak Brook was behind the
curve on this issue. Trustee Aktipis expressed concern that traditionally PUDs have
had a bad reputation because it was felt that it was used to compromise standards. He
believed that it did not have to be that way as long as the Village was committed to
quality.
UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) POLICE PENSION FUND BOARD
The Police Pension Fund Board of Trustees is made up of five (5) members, three
(3) are elected members and two (2) are appointed with terms that expire every
two years. Trustees Manofsky and Yusuf recommended the appointment of
Susan Templeton to the Police Pension Fund Board of Trustees, with the term
expiring May, 2009.
Motion by Trustee Craig, seconded by Trustee Kennedy, to concur with President
Quinlan's recommendation to appoint Trustees Manofsky and Yusuf s
recommendation of Susan Templeton to the Police Pension Fund Board of
Trustees, with the term expiring May, 2009. VOICE VOTE: Motion carried.
B. ORDINANCES & RESOLUTIONS - None presented.
VILLAGE OF OAK BROOK Minutes Page 9 of 19 JANUARY 9, 2007
C. AWARD OF CONTRACTS
1) CROSS - CONNECTION CONTROL PROGRAM
Backs!round/History:
On November 14, 2006, the Board rejected all bids for this program and instructed
staff to re -bid reducing the contract length from three years to one year.
Specifications were modified and two sealed bids were received and opened on
Friday, December 15, 2006.
As there was some concern with the last bid recommendation that favored
Backflow Solutions over Aqua Backflow, numerous company bid submittals
(exhibits) were received and reviewed, and formed the support for the
recommended motion.
Recommendation:
That due to all aspects of the bid submittal, and especially in view of Aqua
Backflow's lack of references for a municipal program of this type, staff
recommends that the Village Board award a one -year contract to Backflow
Solutions, Inc., Worth, Illinois, for the continuation of the Village's water utility
cross - connection control program, at an estimated cost of $52,555.00.
If, however, the Board were to award the contract to Aqua Backflow, staff will
strive to provide a smooth transition from one company to the other and will make
every effort to insure that the continuance of this vital program is undertaken
professionally and without compromise.
CROSS - CONNECTION CONTROL
BID SUBMITTAL REQUIREMENTS
Section C — Item No. 7 Basis of Award:
The Village of Oak Brook reserves the right to reject any or all bids and to waive
any informality or technical error and to accept any bid deemed most favorable to
the interests of the Village of Oak Brook. In addition to price, the Village will
consider:
A. Ability, capacity and skill to fulfill the contract as specified.
B. Ability to supply the commodities, provide the services or complete the
construction promptly, or within the time specified, without delay or
interference.
C. Character, integrity, reputation, judgment, experience and efficiency.
D. Quality of performance on previous contracts.
E. Previous and existing compliance with laws and ordinances relating to the
contract.
VILLAGE OF OAK BROOK Minutes Page 10 of 19 JANUARY 9, 2007
9.C. F. Sufficiency of financial resources.
1) G. Quality, availability and adaptability of the commodities, services or
construction, in relation to the Village's requirements.
H. Ability to provide future maintenance and service under the contract.
I. Number and scope of conditions attached to the bid /proposal.
J. Record of payments for taxes, licenses or other monies due the Village.
(The preceding is a part of each bid package)
c- i „ +;,,..r
1. PRICING
Aqua Backflow
$37,410.00
2. INFORMATIONAL MAILING Exhibit A2
3. SOFTWARE TRACKING complied
4. ON -SITE INSPECTION FORM complied
5. MONTHLY INSPECTION FORM complied
6. NON - COMPLIANCE WORKSHEET complied
7. LISTING OF STAFF & BIOS Exhibit A7
S. PROJECT IMPLEMENTATION Exhibit A8
9. STATEMENT OF QUALIFICATIONS Exhibit A9
10. REFERENCES
Backflow
$52,555.00
Exhibit B2
complied
complied
complied
complied
Exhibit B7
Exhibit B8
Exhibit B9
Exhibit A 10 Exhibit B 10
Mr. Brett Scharpenter, Vice - President of Sales for Backflow Solutions which was
the current vendor for this program indicated that he was in attendance to answer
any questions.
Trustee Yusuf commented that he had difficulty justifying the recommendation not
to award to the lowest bidder
Public Works Director, Michael Meranda reiterated his position that due to all
aspects of the bid submittal, and especially in view of Aqua Backflow's lack of
references for a municipal program of this type which is one of the specifications
of the bid packet, he recommended that the Village Board award a one -year
contract to Backflow Solutions, Inc. He added that they are the current provider
and that they have done an outstanding job. He also indicated that he would
VILLAGE OF OAK BROOK Minutes Page 11 of 19 JANUARY 9, 2007
9. C. 1) strive to provide a smooth transition from one company to the other and will make
every effort to insure that the continuance of this vital program is undertaken
professionally and without compromise. He did state, however, that he would be
before the Board in an instant if the contract did not work out and ask that the
contract be terminated because this is a very vital program that is needed.
Trustee Kennedy asked for confirmation that this program was a mandated
program by the Illinois Enviromnental Protection Agency. Director Meranda
confirmed that it was. Further discussion ensued regarding possible consequences
for failure to perform to specifications.
Motion by Trustee Yusuf, seconded by Trustee Aktipis, that a one -year contract be
awarded to the lowest responsive and responsible bidder, Aqua Backflow, Inc.,
Worth, Illinois, subject to staff review, at the bid unit prices noted on the bid
tabulation), for the continuation of the Village's water utility cross - connection
control program, at an estimated cost of $37,410.00. ROLL CALL VOTE:
Ayes: 3 - Trustees Aktipis, Sanford and Yusuf.
Nays: 4 - Trustees Craig, Kennedy, Manofsky and President Quinlan.
Absent: 0 - None. Motion failed.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, that a one -year
contract be awarded to the lowest responsive and responsible bidder, Backflow
Solutions, Inc., Worth, Illinois, subject to staff review, at the bid unit prices as
noted on the bid tabulation), for the continuation of the Village's water utility
cross - connection control program, at an estimated cost of $52,555.00. ROLL
CALL VOTE:
Ayes: 4 - Trustees Craig, Kennedy, Manofsky and Yusuf.
Nays: 2 - Trustees Aktipis and Sanford.
Absent: 0 - None. Motion carried.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS
President Quinlan stated that the following ordinances are for two new restaurants in the
Promenade development project of which the Village was very proud.
James Chylewski, General Manager of McCormick and Schmick's Seafood Restaurant
addressed the Board thanking the community for their warm welcome. He indicated that
the expected opening was June 25, 2007.
VILLAGE OF OAK BROOK Minutes Page 12 of 19 JANUARY 9, 2007
10. B. 1) ORDINANCE 2007- LC -AL -G -824, 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 - GO ROMA ITALIAN KITCHEN
Fast Fresh Italian, LLC d /b /a Go Roma Italian Kitchen has made application to
the Village of Oak Brook for a Class A -1 Liquor License for their new restaurant,
Go Roma Italian Kitchen located at 3041 Butterfield Road.
The Assistant Village Attorney has drafted the ordinance that increases the
number of A -1 liquor license by one. Provided that all ordinance requirements
are met, the Local Liquor Commissioner Kevin Quinlan, would presumably issue
a Class A -1 Liquor License to Go Roma Italian Kitchen located at 3041
Butterfield Road.
Motion by Trustee Craig, seconded by Trustee Sanford, for passage of Ordinance
G -824, "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 Aktipis, Craig, Kennedy, Manfosky, Sanford and Yusuf.
Nays: .0 - None.
Absent: 0 - None. Motion carried.
2) ORDINANCE 2007- LC -AL -G -823, 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 LIQUOR LICENSE — MCCORMICK & SCHMICK'S
SEAFOOD RESTAURANT
McCormick & Schmick Restaurant Corporation d /b /a McCormick & Schmick's
Seafood Restaurant has made application to the Village of Oak Brook for a Class
A -1 Liquor License for their new restaurant, McCormick & Schmick's Seafood
Restaurant located at 3121 Butterfield Road. The General Manager James
Chylewski's background check is being processed at this time.
The Assistant Village Attorney has drafted an ordinance that increases the
number of A -1 liquor license by one. Provided that all ordinance requirements
are met, the Local Liquor Commissioner Kevin Quinlan, would presumably issue
a Class A -1 Liquor License to McCormick & Schmick's Seafood Restaurant
located at 3121 Butterfield Road.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of
Ordinance G -824, "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
VILLAGE OF OAK BROOK Minutes Page 13 of 19 JANUARY 9, 2007
10. B. 2) Authorized Liquor Licenses" ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manfosky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
3) ORDINANCE 2007- TC- HA -PK -G -825, AN ORDINANCE AMENDING
SECTION 7- 1- 1301.1 ( "PARKING SPACES FOR PERSONS WITH
DISABILITIES ") OF CHAPTER 1 ( "TRAFFIC CODE ") OF TITLE 7
( "MOTOR VEHICLES AND TRAFFIC ") OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK
The State of Illinois has modified its laws concerning parking for persons with
disabilities. This ordinance will bring our code into compliance with state law.
The main modification to the State Statute is the fine amount. The current fine in
the Village Code is $100; under the new ordinance the fine for parking in places
reserved for persons with disabilities shall be $250; and $500 for those displaying
plates or decals of disabled persons when they are not authorized to use those
plates, decals or other such devise.
The matter of the discrepancy in fine amounts between the ordinance and the state
law occurred when the Police Department and the Secretary of State Police issued
tickets at the Village's area shopping centers for vehicles improperly using
parking spaces reserved for the disabled. The State Police issued tickets with the
higher fine amount while the Village's Police issued the tickets according to the
current Village Code. The adoption of this ordinance will keep us in line with the
state fines.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, for passage of
Ordinance 2007 G 825 entitled "An Ordinance Amending Section 7 -1- 1301.1 of
Chapter 1 of Title 7 of the Village Code of the Village of Oak Brook" ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
4) ORDINANCE 2007 -G -826, AN ORDINANCE ADOPTING A
COMPREHENSIVE AMENDMENT TO TITLE 12 ENTITLED, "VILLAGE
RECREATIONAL FACILITIES" OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK, ILLINOIS
Trustees Craig and Manofsky had concerns with the recommended changes.
Trustee Craig felt that the Village should be encouraging usage of the Bath and
Tennis Club and that increase in fees would hinder this. Trustee Manofsky's
concern was for the lack of a marketing campaign. They would like to meet with
staff to discuss some of these issues.
VILLAGE OF OAK BROOK Minutes Page 14 of 19 JANUARY 9, 2007
10. B. 4) Motion by Trustee Manofsky, seconded by Trustee Craig, to continue passage of
Ordinance G -826 Adopting a Comprehensive Amendment to Title 12 entitled,
"Village Recreational Facilities" (Sports Core Ordinance) of the Oak Brook
Village Code until the next Board of Trustees meeting. VOICE VOTE: Motion
carried.
C. AWARD OF CONTRACTS
1) PROFESSIONAL SERVICES - FILAN
In 2006, the Village of Oak Brook and the City of Oakbrook Terrace employed
the services of William Filan as a consultant to assist with issues at the State
level. Mr. Filan has been asked to assist in seeking funds for the 22nd Street
improvement. As the two municipalities have been working on this roadway
improvement together the Village has been asked once again to participate
financially with their consultant.
The 22nd Street add lanes project (IL 83 to just west of IL 56) received Design
Approval in 2002; currently there are no funds in the State's Road Program to
perform Phase II (design plans) or Phase III (construction). The scope of the
project is to widen the road to six lanes generally within the existing Rights -of-
Way. In 2002 the estimated cost of the project was just under $14 M for
construction; Phase II Engineering is generally 8 -10% of the construction costs.
By hiring a lobbyist with ties to the current State administration the Village would
hope to find some funding source, to finance the Phase II Engineering and
construction.
As the 22nd Street (I1 83 to I1 56) widening project is vital to relieving a major
area of traffic, congestion and a priority project of the Village of Oak Brook and
the City of Oakbrook Terrace we need to explore all options to fund this long
overdue improvement; by hiring a lobbyist we may be able to tap into certain
funding sources to keep this project moving forward. As such it is recommended
that the Board approve working with Oakbrook Terrace in the hiring of William
Filan for his services.
Motion by Trustee Manofsky, seconded by Trustee Craig , to approve entering into
an agreement with the City of Oakbrook Terrace to hire a professional lobbyist
relative to the 22nd Street (I1 83 to I1 56) Improvement Project. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 15 of 19 JANUARY 9, 2007
10. C. 2) LIBRARY BOOKS AND AUDIO VISUAL MATERIALS
Pursuant to the provisions of Title 1 -7 -10 of the Village Code, the Village is
permitted to join with other governmental units in order to benefit from
cooperative purchasing arrangements.
The three primary book jobbers that serve the Village of Oak Brook are Baker
and Taylor, Brodart, and Ingram. The current discounts are as follows:
Type of Book/Binding
Baker & Taylor
Brodart
Ingram
Trade Bindings
43.1%
35%
40%
Library Bindings
17%
5%
13%
Single Bindings
17%
N/A
N/A
Mass Market & Paperbacks
40.5%
35%
40%
University Press
10%
10%
13%
Short Discounts
Net + 5%
Net + 15%
10%
Spoken Word Audio
0-43%
N/A
N/A
Pre - recorded Videos /DVD's
25 -28%
N/A
N/A
Pre - recorded CD's
26%
N/A
N/A
Although the Village has the option to bid the purchase of books, the Village does
not have the combined purchasing power of DLS libraries, and as such would not
receive as good a discounted price.
The brokers are unwilling to submit bids directly to the Village, since they could
not offer a better discount than what they already offer through DLS. Multiple
vendors are used throughout the year based on product availability.
Motion by Trustee Yusuf, seconded by Trustee Aktipis, that the Village Board
waive further bidding and issue purchase orders for books and non -print media,
taking advantage of the cooperative purchasing arrangement negotiated by
DuPage Library System with major book jobbers. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
3) ANNUAL FINANCIAL SOFTWARE MAINTENANCE
The Village uses a financial software package supplied by SunGard Pentamation,
Inc. In order to obtain user and system support throughout the year and to stay
current with software patches, it is necessary to annually contract with them for
such support.
VILLAGE OF OAK BROOK Minutes Page 16 of 19 JANUARY 9, 2007
10. C. Motion by Trustee Yusuf, seconded by Trustee Kennedy, to waive bidding, due to
sole source, and award the annual contract for maintenance of the Village's
financial software to SunGard Pentamation, Inc., Bethlehem, Pennsylvania, for
the total amount of $29,745.15, subject to staff review. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
4) FIRE DEPARTMENT AERIAL TRUCK EMERGENCY REPAIR
On December 28, 2006, the Village Board was notified via email by Jeff Moline,
Assistant Village Manager that the Fire Department Aerial truck (Ladder Engine)
was out of service due to problems with the engine. Mike Meranda, Public Works
Director and his mechanic staff had inspected the truck and reviewed the problem
with the Fire Department. Based on our understanding of the present problem,
two estimates for repair were sought from dealer authorized and mechanic
certified companies. The two companies that supplied estimates include:
Jimmy Diesel, La Grange, IL $23,000
Inland Diesel, Carol Stream IL $25,000
Estimates were based on what staff believed to be the worst case scenario with
the engine problems.
Note: Mutual Aid will allow Oak Brook to continue to operate with the needed
equipment supplied and operated by other jurisdictions, should the need arise.
However, as this is the only aerial truck in the Fire Department's fleet, the need to
return the vehicle to service as quickly as possible elevated this repair to
"emergency" status. Therefore, although this cost was expected to be greater than
the Village Manager's spending authority of $10,000, the importance of returning
this vehicle to service post haste necessitates that staff circumvent getting prior
Board approval by way of notification of "emergency" repair to Board through
said memorandum. Therefore, staff has arranged for the vehicle to be serviced by
Jimmy Diesel, LaGrange, Illinois, and parts were ordered as of Friday December
29 in order to get the repairs underway as soon as possible. Finally, the Village
has worked with mechanic Jimmy Diesel in the past and was pleased with the
service.
This item is therefore placed on the Agenda for ratification by the Village Board
for the service work to be performed by Jimmy Diesel, LaGrange Illinois. The
approval of the bill for time and material will follow once the work has been
completed. The estimated time for the repair to be complete was approximately
three (3) weeks from the date of ordering the parts (two week delivery time on the
parts). Note, as this problem was unexpected, the costs associated with this repair
may necessitate a future budget transfer in the Garage Fund.
VILLAGE OF OAK BROOK Minutes Page 17 of 19 JANUARY 9, 2007
10. C. 4) Motion by Trustee Yusuf, seconded by Trustee Kennedy, to approve a motion
authorizing Village Staff to bypass the standard procurement process based on the
emergency nature of the repair, and engage Jimmy Diesel, LaGrange Illinois, for
service and repair of the Fire Department Aerial Truck with an estimated repair
cost of $25,000.00. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf
Nays: 0 - None.
Absent: 0 - None. Motion carried.
5) COLOR COPIER - ADMINISTRATION
Pursuant to the provisions of Section 1 -7 -10 of the Village Code and State
Statutes, the Village is permitted to join with other governmental units in order to
benefit from cooperative purchasing arrangements.
The copier located in administration was purchased in 2000 by the Administration
Department and has an exorbitant amount of copies on it. The machine has
recently been plagued with repair issues and the stapler is no longer functioning
and cannot be fixed. The recommended Imagistics CM4520 is a color copy
machine which will be better suited to meet the needs of the staff. Staff has been
using the recommended copier and is satisfied with its performance.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board
waive further bidding since the State of Illinois already conducted the bid process
and issue a purchase order to Imagistics International, Inc., Schaumburg, Illinois
for a CM4520 copier in the amount $12,279.00 and a two year maintenance
agreement for $0.07 per color copy and $0.009 per black and white copy. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT - Trustee Aktipis had commented that he would like to
review the recordings of the closed meetings before he would be able to approve
closed meeting minutes. President Quinlan suggested canceling the closed meeting
but asked Trustee Aktipis to schedule the review of the recordings so that the Board
would be able to discuss the minutes as Village Code requires that this be done every
six months in January and July.
B. VILLAGE MANAGER - Manager Boehm reminded residents about the new
state law that requires a carbon monoxide detector in each home within fifteen feet of
sleeping areas.
VILLAGE OF OAK BROOK Minutes Page 18 of 19 JANUARY 9, 2007
11. C. VILLAGE CLERK - Deputy Clerk Harty reported on the dates for filing candidates
petitions and the process for simultaneous filing of petitions.
12. ADJOURN TO CLOSED MEETING to discuss minutes of meetings lawfully closed
under the Open Meetings Act, whether for the purpose of approval by the body of the
minutes, or for semi - annual review of the minutes as required by the Open Meetings Act
The Closed Meeting was cancelled as Trustee Aktipis previously requested reviewing the
audio recordings of closed meetings before the Board reviews the minutes.
13. ADJOURNMENT
Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting
of the Board of Trustees at 9:05 p.m. VOICE VOTE: Motion carried.
ATTEST:
c /Carol L. Harty
Carol L. Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 19 of 19 JANUARY 9, 2007