Minutes - 01/17/2005 - Board of TrusteesF\
MINUTES OF THE JANUARY 17, 2005 SPECIAL MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
FEBRUARY 8, 2005.
1. 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 7:30
p m. The Pledge of Allegiance was given.
2. ROLL CALL:
Deputy Village Clerk Carol Harty called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees George T. Caleel, John W. Craig,
Susan Chase Korin, Asif Yusuf and Elaine Zannis. Trustee Stelios Aktipis
arrived at 7:32 p.m.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; Darrell J. Langlois, Finance Director; Robert Cronholm,
Fire Chief, Margaret Klinkow, Library Director; Stephen Larson, Police
Lieutenant; Michael J. Meranda, Public Works Director, Trey VanDyke,
Golf Club Manager and Nelson Patras, Interim Bath & Tennis Club
Manager.
President Quinlan announced that Carol Harty was sitting in for Village Clerk Linda
Gonnella.
3. RESIDENT /VISITOR COMMENT:
A. OATH OF OFFICE — EDWARD NIELSEN, BOARD OF FIRE AND POLICE
COMMISSIONERS CONTINUED FROM 12- 14 -04. President Quinlan announced
that Mr. Nielsen apparently was unable to attend the meeting but that his swearing in
ceremony would be done as soon as possible.
President Quinlan announced positive news about the Sports Core. He cited that during
the previous year of operation the Sports Core had to be subsidized by $150,000, but that
staff, under the direction of Nelson Patras and Trey Van Dyke, at the Bath & Tennis Club
succeeded in making a profit of $2,500.00. He thanked them for their hard work.
President Quinlan indicated that there were two petitioners, John Brechin on behalf of the
Reflection Circle Subdivision and Lawrence Debb on behalf of 814 Commerce LLC, who
wished to speak to the Board. He asked if they were willing to defer their comments until
their respective petitions came before the Board at the appropriate time on the agenda.
VILLAGE OF OAK BROOK Minutes Page 1 of 20
January 17, 2005
3. Both petitioners agreed to the process.
Trustee Aktipis asked to make a comment at this time. He made a formal request that the
firm of Kubiesa, Spiroff, Gosselar, Acker & Kern, P.C. withdraw from representation of
any party in the Elmhurst Builders litigation due to several matters involving his
professional advice, conflicts of interest and Mr. Kubiesa's position as a witness. He
added that if this withdrawal was not made at this time, he would ask that President
Quinlan remove Mr. Kubiesa and others of his firm as attorneys of the case. He
commented that he was currently incurring expenses and asked that the Village provide
him with defense and indemnification in relation to the Elmhurst Builders litigation or
other matters arising from this issue. He reported that he was under the advice of counsel
not to raise these issues publicly without their involvement. He indicated that he would
do so at the appropriate time and in the appropriate forum. He said that he would address
these matters in executive session and asked that attorney Gary Taylor be invited into the
Closed Meeting so that he might present his concerns in a forum where information with
significant impact on the Village may be discussed more openly.
President Quinlan suggested that Trustee Aktipis should have brought this matter to the
Board in a timely fashion so that it could have been included in the business of the Board
and given the opportunity to be discussed. President Quinlan stated that he would take
Trustee Aktipis' comments and suggestions under advisement and he would confer with
Village counsel before agreeing or disagreeing with his comments
Trustee Aktipis distributed letters to the Trustees.
4. APPROVAL OF MINUTES:
A. REGULAR BOARD OF TRUSTEES MEETING OF NOVEMBER 23, 2004
Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Minutes of the
Regular Board of Trustees Meeting of November 23, 2004. VOICE VOTE: Motion
carried.
B. SPECIAL MEETING - BUDGET WORKSHOP OF DECEMBER 6 2004
Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Minutes of the
Special Meeting — Budget Workshop of December 6, 2004. VOICE VOTE: Motion
carried.
C. SPECIAL MEETING — PUBLIC HEARING OF DECEMBER 14, 2004
Motion by Trustee Caleel, seconded by Trustee Yusuf, to approve the Minutes of the
Special Meeting — Public Hearing of December 14, 2004. VOICE VOTE: Motion
carried.
VILLAGE OF OAK BROOK Minutes Page 2 of 20 January 17, 2005
4. D. REGULAR BOARD OF TRUSTEES MEETING OF DECEMBER 14 2004
Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Minutes of the
Regular Board of Trustees Meeting of December 14, 2004. VOICE VOTE: Motion
carried.
5. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
Trustee Zannis requested that item 5.A.2) a) Laner, Muchin, Dombrow, Becker, Levin and
Tominberg, Ltd. — Attorney Fees - $1,140.15 be removed from the Consent Agenda for
further discussion.
President Quinlan asked that item S.J. Resolution for Maintenance of Streets and
Highways by Municipality Under the Illinois Highway Code — 2005 Crack Seal Project be
removed from the Consent Agenda for further discussion.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None
Absent: 0 - None. Motion carried.
A. Accounts Payable:
1) Ratification of Period Ending December 29, 2004 - $503,921.65
Significant Items included in Above:
a) DuPage Water Commission - $153,334.29
2) Period Ending January 7, 2005 - $239,388.09
Significant Items included in Above:
a) Laner, Muchin, Dombrow, Becker, Levin and Tominberg, Ltd. — Attorney
Fees - $11140.15 — was removed for further discussion
b) Rocks -Ann Construction, Inc. — Payout #2 — 2004 Water Main & Drainage
Project - $40,985.10
B. Approval of Payroll:
1) Pay Period Ending December 18, 2004 - $579,836.48
2) Pay Period Ending January 1, 2005 - $622,841.50
C. Community Development Referrals
1) 42 Yorkshire Woods - Variation
2) Village of Oak Brook — Text Amendments — Title 14 — Subdivision Regulations
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) 2005 Paving Project
VILLAGE OF OAK BROOK Minutes Page 3 of 20 January 17, 2005
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5.
2) Tower Replacement & Antenna Placement
E. Authorization to Hire, Promote or Reassign Duties of Village Employees
1) Ratify Authorization to Hire Part -time Reference Librarian
2) Ratify Authorization to Hire Accounting Manager
3) Manager Office Reorganization
F. Budget Adjustments
G. 2005 Membership Renewal - National League of Cities
H. Release of Funds — Oak Brook Hotel, Convention and Visitors Committee — 2004
Fourth Qtr. - $17,841.17
I. Ratify a Resolution for Improvement by Municipality Under the Illinois Highway
Code — 2005 Paving Project
J. Resolution for Maintenance of Streets and Highways by Municipality Under the
Illinois Highway Code — 2005 Crack Seal Project was removed for further
discussion.
K. An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of
Personal Property Owned by the Village of Oak Brook
L. An Ordinance Authorizing the Sale of Certain Personal Property Owned by the
Village of Oak Brook
M. October & November, 2004 Treasurer's Report
N. Police Vehicle Equipment Changeover
ITEMS REMOVED FROM CONSENT AGENDA:
A.2) a) LANER, MUCHIN, DOMBROW, BECKER, LEVIN AND TOMINBERG, LTD.
— ATTORNEY FEES - $1.140.15.
Trustee Zannis questioned why it took so long to bring this matter to the Board since the
bill was dated in July. Village Manager Boehm responded that it apparently was lost in
transition. Manager Boehm explained that the invoice was from the labor firm that
prepared the separation agreement with Police Chief Pisarek. Trustee Zannis expressed
concern that this bill had not been forwarded to the Ad Hoc Audit Committee. Manager
Boehm responded that as soon as the Board dealt with the matter it would be forwarded to
the committee. Trustee Zannis also asked whether there were other bills that the
committee should be reviewed. Manager Boehm responded that he did not believe that
there were any additional bills that fit the parameters of the committee.
Trustee Zannis questioned an item on the bill that did not appear to be related specifically
to the topic. She further asked that the item be tallied as a recent ordinance specified that
all expenses incurred relative to litigation be tallied in order to determine the cost of
litigation.
She also referred to the ruling by Judge Bonnie Wheaton that all litigation fees incurred
by attorneys petition to her for approval of payment. She spoke to several bills that were
waiting for Judge Wheaton's decision and indicated that she felt this item should also be
VILLAGE OF OAK BROOK Minutes Page 4 of 20 January 17, 2005
6. 5. A. 2)
part of this ruling. President Quinlan did not agree that this item had anything to do with
the litigation and suggested that Trustee Zannis bring this matter to Judge Wheaton at her
own expense. Trustee Zannis also questioned how this particular item on the bill could be
considered part of a separation agreement. President Quinlan suggested that she address
her questions to the law firm. She asked to have the $225.00 item removed from the bill
before payment. She felt that the topic was one in which the Village had already sought
an opinion and that this was an additional opinion. She then referred to an incident where
she asked for a second legal opinion at Village expense and was denied. Discussion
ensued as to whether this expense was an additional opinion sought by the Village
President which he denied. President Quinlan offered that Trustee Zannis could contact
the firm to verify what prompted the billing.
Trustee Zannis moved that Attorney Kubiesa be directed to create an ordinance that
would allow a majority of Trustees the opportunity for a second legal opinion when they
request it to be presented at the next meeting. Trustee Caleel questioned whether an
ordinance was necessary, but felt that it should be the majority of the Board requesting a
second opinion, not a single member.
President Quinlan called the motion out of order because it was not on the Agenda and
asked whether the request was to appoint another Village Attorney. Trustee Zannis
responded that that was not the issue. President Quinlan then responded that the Village
could not hire a secondary attorney as was stipulated in the courtroom. Trustee Zannis
reiterated that the Board should be able to seek a second legal opinion when they require
it and she asked that Attorney Kubiesa recommend how that could be done and asked him
to facilitate that goal.
Trustee Korin suggested that if the motion was out of order, that it could be brought forth
at the next meeting as a ratification of action taken. She added that perhaps it was
appropriate to see if the majority of the Board wished to direct this action. President
Quinlan asked whether it was the desire of the Trustees to disregard the ruling by Judge
Wheaton and hire outside counsel in addition to the Village Attorney. Trustee Zannis
disagreed with President Quinlan's interpretation of her request. Trustee Caleel did not
believe that was the intent, but he did feel that the Board had the right to seek additional
opinion if it felt uncomfortable with the opinion provided by the Village Attorney. He did
not feel an ordinance was necessary. President Quinlan felt that the court had dealt with
this issue. Attorney Kubiesa indicated that litigation in the Appellate Court might address
this issue.
Discussion ensued relative to the different interpretations of the ruling by Judge Wheaton
and whether it applied to just that particular case. Attorney Kubiesa stated that the ruling
and State Statute did not apply to just that case. Trustees Caleel, Korin and Zannis
disagreed.
VILLAGE OF OAK BROOK Minutes Page 5 of 20 January 17, 2005
6. 5. A. 2)
Trustee Yusuf offered that the committee reviewing legal issues could address a
recommendation stipulating parameters with input from the Village Attorney to deal with
this issue. He did agree that sometimes a second opinion could clarify issues and provide
understanding.
President Quinlan asked Attorney Kubiesa to research the topic and report his findings to
the Board.
Motion by Trustee Caleel, seconded by Trustee Zannis, to direct the Village Manager to
seek information and possible reduction for the specific item discussed on the Laner,
Muchin, Dombrow, Becker, Levin and Tominberg, Ltd. Attorney Fees of $1,140.15 and
continue this item to the next meeting. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None
Absent: 0 - None. Motion carried.
5. J. RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY
MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE — 2005 CRACK
SEAL PROJECT
President Quinlan asked for this item to be removed from the Consent Agenda because
he wished to hear discussion as to whether this was the best method to preserve
Village streets. He commented that there had been some complaints about the work
done on Kingston this past summer. He had heard diverging comments on this type of
preservation.
Trustee Caleel commented that the effectiveness of this was dependent on the material
used and the work done by the contractor. He commented that the theory behind this
type of preservation was to prevent moisture from settling into cracks in the pavement
and the problems and damage that arises when that moisture froze. He added that it
was a good process but is highly dependent on who does the work and the materials
used. Village Manager agreed that a low bid does not always provide the best quality
and that there had been problems over the years, but weather also was a major
contributing factor. He added that contractors had been required to return and redo the
project. He admitted it was not a perfect system but that it did what it is designed to
do which is to preserve the streets. He explained that the Village had a multi -step
program which is quite aggressive in attempting to preserve the streets as long as
possible.
Consensus was that it would be interesting to hear pros and cons from the Village
Engineer who was not in attendance as he was in attendance of the Plan Commission
meeting.
VILLAGE OF OAK BROOK Minutes Page 6 of 20 January 17, 2005
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7.
5. J.
Motion by Trustee Caleel, seconded by Trustee Aktipis, to continue the Resolution for
Maintenance of Streets and Highways by Municipality Under the Illinois Highway
Code — 2005 Crack Seal Project until the January 25, 2005 meeting. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
BOARD & COMMISSION RECOMMENDATIONS:
A. 814 COMMERCE LLC — VARIATION TO SECTION 13- 12 -31-1.2, CHAPTER 12
OFFICE STREET PARKING AND LOADING
At its meeting on December 7, 2004, the Zoning Board of Appeals reviewed a petition
from 814 Commerce, LLC, the owner of the building at 814 Commerce seeking
approval of a variation to Section 13- 12 -31-1.2 of the Zoning Ordinance to permit the
construction of 96 additional parking spaces within the required 100 -ft. front yard
setback along Commerce Drive. At the present time, only six parking spaces are
permitted in a required front yard in the ORA -1 District.
To screen the proposed parking lot, the petitioner has proposed to construct an
extensive landscaped berm along the frontage of Commerce Drive.
The petitioner is seeking approval of the variation to construct the additional spaces to
not only bring the property into compliance with the Village's off - street parking
requirements but also to bring the total number of parking spaces more in line with the
current user requirements in the office market.
Recommendation:
By a vote of 6 to 0, the Zoning Board of Appeals recommended approval of the
variation as requested subject to the following conditions:
1. The Landscape Plan including any plan changes that would be necessitated by
reason of any necessary detention requirements, if they come into play. Subject to
that condition the landscape is to be provided in substantial conformance with the
plan provided by Daniel Weinbach & Partners, Ltd., labeled Sheet L -01 dated
December 7, 2004 on page 18 of the case file.
2. The proposed construction is to be built in substantial conformance with the plans
as shown on the proposed site plan provided by Archideas, revision date December
7, 2004 on page G. l of the case file.
In making this recommendation, the Zoning Board of Appeals found that the petitioner
VILLAGE OF OAK BROOK Minutes Page 7 of 20 January 17, 2005
7. A.
has satisfactorily addressed the applicable factors for approval of a variation to the
Zoning Ordinance and the request does not appear to jeopardize the public health,
safety or general welfare of the public. It was also found that the proposed
improvements will provide for the betterment of the Village by keeping the property
current and economically feasible. President Quinlan asked Trustee Aktipis to address
this issue and provide the petitioner an opportunity to address the Board.
The petitioner, Mr. Lawrence Debb, owner of 814 Commerce spoke to the renovation
of the building and the problem with parking. He reported that the current
configuration was 2.9 parking spaces per thousand square feet which is significantly
below the market and below the current code for the Village of Oak Brook. He
described their plan for increasing parking which would not affect setbacks. He
described ingress and egress and the landscaping with a berm that would hide
vehicles. They have addressed issues that had arisen during planning. He described
options that they had looked into to alleviate the parking problems including adding a
level onto the current parking garage. However, the structure was not capable of
handling the addition. If this were their only option, he indicated that they would have
to tear down the current parking structure and rebuild. He added that they also looked
into adding parking in the back of the building but that homeowners were opposed to
that option. He commented that the proposal before the Board still did not bring them
up to the market practice of 4.0 spaces per thousand, but brought them to 3.6.
Trustee Aktipis indicated that the intent was to provide relief by adding parking to
make the building more competitive in the market He reported that several scenarios
had been discussed in order to leave as little parking as possible in the front of the
building. He indicated that a recommendation for a single row of parking was the
direction that should be considered and that his personal position is that one row of
parking in front of the building would provide some degree of relief without disturbing
setbacks.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the petitioners
request with only one row of parking directly in front of the building. VOICE VOTE:
Motion carried with opposition by Trustee Yusuf.
Mr. Debb asked to address the Board again indicating that the petitioner was not
asking for setback relief as Trustee Aktipis seemed to indicate. He described the
concern for addressing only one row of parking.
President Quinlan asked Trustee Aktipis to explain his motion. President Quinlan
believed that Trustee Aktipis' motion was what the Plan Commission had
recommended. Since he felt that it was not clearly defined he asked for clarification
on the vote by the Board. Trustee Caleel asked for another vote and asked Trustee
Aktipis to explain the recommendation from the Plan Commission. Trustee Aktipis
VILLAGE OF OAK BROOK Minutes Page 8 of 20 January 17, 2005
7. A.
indicated that the Plan Commission did recommend both rows of parking but he
personally did not feel that they understood how many parking spaces would make the
building commercially viable. Discussion ensued about setbacks, but staff was not
available due to the conflict with the Plan Commission meeting to clarify. Mr. Debb
reiterated that they were not in conflict with setback codes.
Motion by Trustee Caleel, seconded by Trustee Craig, to concur with the
recommendation of the Zoning Board of Appeals and approve the requested variation
to Section 13- 12 -31-1.2 of the Zoning Ordinance and authorize the Village Attorney to
draft the necessary ordinance for final consideration at the January 25, 2005 Board of
Trustees meeting. VOICE VOTE: Ayes: Trustees Caleel, Craig, Yusuf. Nays:
Trustees Aktipis and Zannis. Abstain: Trustee Korin. Motion carried.
Robert L. Kallien, Jr., Director of Community Development was asked to leave the
Plan Commission meeting and provide information to the Board. Director Kallien
indicated that similar variations had been approved. Concern was expressed for
setting precedence. Director Kallien indicated that each variance would need to prove
hardship in order to gain approval and in this instance the Plan Commission believed
that the hardship criterion was satisfied.
Mr. Debb did not understand what the Board wanted and what were their concerns.
Trustee Zannis indicated that she would like the opportunity to review the building
and other buildings in the area in person. Discussion ensued related to other buildings
in the area.
Consensus from the Board was that a clarification vote should be taken.
Motion by Trustee Yusuf, seconded by Trustee Craig, to concur with the
recommendation of the Zoning Board of Appeals and approve the requested variation
to Section 13-12-31-12 of the Zoning Ordinance and authorize the Village Attorney to
draft the necessary ordinance for final consideration at the January 25, 2005 Board of
Trustees meeting. VOICE VOTE: Ayes: Trustees Craig and Yusuf. Nays: Trustees
Aktipis, Caleel, Korin and Zannis. Motion failed.
Motion by Trustee Yusuf, seconded by Trustee Zannis, to continue to the next meeting
to provide time for Trustees to review the properties in the area. VOICE VOTE:
Motion carried.
B VILLAGE OF OAK BROOK — TEXT AMENDMENT — CHAPTER 12 — ZONING
ORDINANCE — SECTION 12 -4 -C — INTERIOR PARKING LOT LANDSCAPING
The Village of Oak Brook has submitted a request for a text amendment to Chapter
VILLAGE OF OAK BROOK Minutes Page 9 of 20 January 17, 2005
7. B.
12 of the Zoning Ordinance to clarify the requirements for interior parking lot
landscaping. It has been determined by Staff that the existing requirement for trees to
be planted with a maximum spacing of 40 -ft. conflicts with the requirement that trees
be located in an area occupied by every fifteen interior parking spaces.
A summary of the proposed amendment is as follows:
Proposed Text Amendment: Chapter 12 — Off Street Parking and Loading. (New
language is underlined, deleted language is shown with a strike - through).
13- 12 -4 -C. Interior Parking Lot Landscaping: Landscaped areas shall occupy not less
than ten percent (10 %) of the total lot area excluding:
1. The building footprint or footprint of other structures,
2. All required front yard or street setback areas, and
3. Any required landscape areas along rear lot lines.
In parking areas which are wider than one bay of double parking, interior shade trees
shall be planted with n m miim npaei g of forty foot (40'), provided that at least one
tree is located in the area occupied by every fifteen (15) interior parking spaces.
Landscaped dividers with a minimum width of six feet (6) shall be provided between
every three (3) parking bays. Individual permanent planter areas (minimum size of 8
feet 6 inches by 17 feet) are required for interior trees with a minimum caliper of
three inches (3 "), which shall be of a variety which do not drop a messy fruit (see
Village of Oak Brook Public Works Construction Standards for list of appropriate
trees).
Recommendation:
By votes of 6 to 0, both the Plan Commission and Zoning Board of Appeals
recommended approval of the proposed text amendment to Chapter 12 of the Zoning
Ordinance relative to requirements for interior parking lot landscaping.
In making these recommendations, the Zoning Board concurred with the Plan
Commission finding that the requested amendment was both reasonable and would
not be detrimental to the community. In addition, the amendment eliminates an
existing conflict in the Zoning Ordinance.
Trustee Korin asked whether this would reduce the amount of trees for a parking
area. Village Manager Boehm responded that the way the code had been written was
appropriate for areas such as parkways and perimeter landscaping, but that for
interior parking lots it was a daunting requirement. Code also directed parking lots to
have a tree every 15 spaces; however, by using the conflicting 40 foot rule there
would have to be a tree every 5 spaces.
VILLAGE OF OAK BROOK Minutes Page 10 of 20 January 17, 2005
7. B.
Trustee Zannis stated she was not in favor of reducing the number of trees in the
Village.
Director Kallien explained that the intent of the 40 foot rule was in the required green
strip for every third bay of parking.
President Quinlan called the question.
Motion by Trustee Aktipis, seconded by Trustee Korin, to concur with the findings of
the Plan Commission and Zoning Board of Appeals and approve the requested text
amendment to Chapter 12 of the Zoning Ordinance and authorize the Village
Attorney to draft the necessary ordinance for final consideration at the January 25,
2005 Board of Trustees meeting. VOICE VOTE: Ayes: None. Nays: Trustees
Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Motion failed.
8. UNFINISHED BUSINESS-
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE 2005- SAP -EXI -S -1099, "AN ORDINANCE APPROVING THE
2005 SALARY PLAN AND AN AMENDMENT TO THE SALARY
ADMINISTRATION POLICY FOR NON - REPRESENTED EMPLOYEES OF
THE VILLAGE OF OAK BROOK, ILLINOIS CONTINUED FROM
DECEMBER 14, 2004 MEETING."
As per Village Policy, staffs proposal for the 2005 Salary Plan and Salary
Administration Policy includes all salary schedule changes and position changes
proposed to date for 2005. The Major Tenants of the 2005 Salary Plan and Salary
Administration Policy Include:
A) Extension of an Annual Range Adjustments based on the review of
comparable municipalities surveyed by position and for annual base increases;
B) Possibility of an earned Merit Increase of 0% to 5.00% for "Excellent"
performers;
C) 2005 Maximum Base Salary Increase of 8.50% (Cap), which is 1 50% higher
than the 2004 Maximum of 7 00 %; and
D) Continuation of the Longevity Pay attached to the Performance Appraisal in
the amounts of $400, $500 and $600 for service of 10, 15, and 20 years of
service.
VILLAGE OF OAK BROOK Minutes Page 11 of 20 January 17, 2005
8. Although the Village contracted with the Hay Group in 2003 for the 2004 Salary
B. 1)
Plan, in accordance with Village Policy and sound management practices, staff
did survey those comparable communities to determine external market equity for
each of the pay grades of the Oak Brook Salary Plan. The survey indicates that
the each of the Oak Brook pay grades is competitive with our comparable market.
Further, being that the Village is on a January 1 fiscal year, it becomes difficult to
forecast the salary range adjustments that will be extended by the majority of our
comparables which follow a May 1 fiscal year commencement. The communities
that have responded estimate their base increase will be 3% or above, but less
than 4 %. Many of the communities are in the midst of labor negotiations and
anticipate that the outcome of negotiations will heavily weight their respective
salary plans for 2005. In addition, according to the Bureau of Labor Statistics,
U.S. Department of Labor, the CPI posted October 2004 as an index to the CPI
for September 2003 to September 2004 was 2.7% (BLS C.P.I. Bulletin attached).
As provided, staff is recommending the Village Board approve a 3.5% increase to
bottom and the top of the salary ranges and offer a maximum performance based
merit increase of 5.0% for "excellent" performers. The combination of the two
creates a maximum 2005 salary cap of 8.5 %, 1.5% higher than the cap extended
in 2004, but 3.0% lower than the maximum salary increases extended in 2003.
This increase from the 2004 cap to the 2005 cap was largely based on the need to
lower the time required to reach the top of range for full time employees which is
a direct indicator of external market equity and results in employee retention.
In addition, there are two recommendations for position changes in the 2005
Salary Plan and Administration Policy. The first is to create the position of
Community Development Administrative Technician to recognize the actual
responsibilities required of the position now classified as a secretary in the
Community Development Department. This position would move from Grade
three (3) to Grade (5). The second change is to re -title the position of Assistant
Librarian to Office Coordinator to match the true responsibilities and
requirements of the position.
Finally, staff has also made a recommendation to modify the current Educational
and Training Aid Program for full time employees and an amendment to the
section of the Personnel Manual related to benefits and disability payments for
work related injuries. First, the changes to the Education and Training Aid
Policy are proposed to better define the guidelines of the program, the
reimbursement by employees leaving the Village, and to include reasonable
training expenses requested by employees and training costs related to public
safety officers. Second, the revision to the benefits and disability payments for
work related injuries is simply to state that this applies to work related disabling
injuries as opposed to only non -work disabling injuries. Both of these
VILLAGE OF OAK BROOK Minutes Page 12 of 20 January 17, 2005
8. B. 1)
amendments are outlined in the staff memorandum but will be forwarded to the
Village Board for approval under separate cover and ordinance amending the
Personnel Manual during the month of January 2005.
Motion by Trustee Caleel, seconded by Trustee Aktipis, to move the discussion of
this topic to a Closed Meeting. VOICE VOTE: Motion carried.
C. AWARD OF CONTRACTS — None.
D. REFLECTION CIRCLE SUBDIVISION
At the December 14, 2004 Board of Trustees meeting, a motion to deny approval of
the Preliminary Plan for Reflection Circle Subdivision was unanimously approved.
The Board's action was consistent with the Plan Commission recommendation for
denial. The property owner through Mr. James Flowers has sent a letter, dated
December 30, 2004, to the Village Board requesting reconsideration. Staff has met
with the petitioner's attorney John Brechin to discuss issues raised by staff and the
Plan Commission relative to the proposed subdivision. Mr. Brechin's client has
indicated that he is now willing to address those issues.
Mr. Brechin representing the owner of the property asked for reconsideration of this
project. He indicated that staff had made recommendations that his client was ready to
address. He indicated that the two major changes were to reduce the grade
significantly so that there would not be as much fill in the area so that it would not
deviate from the present topography and to change the roadways from a horseshoe
type road to a more traditional road similar to a cul -de -sac. He anticipated that the
changes would be ready for the Board to review at their next meeting.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to reconsider the Reflection
Circle Subdivision and refer this matter to the Plan Commission. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None
Absent: 0 - None. Motion carried.
9. NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) RATIFY AN ORDINANCE 2005- LC -Al -G -771, "AN ORDINANCE
AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE VILLAGE CODE
VILLAGE OF OAK BROOK Minutes Page 13 of 20 January 17, 2005
9. B. 1)
OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO THE
NUMBER OF AUTHORIZED LIQUOR LICENSES"
Dolce, Inc. has made application to the Village for a Class A -1 liquor license for
their new restaurant, Dolce, located at 1600 16'1' Street, #T9, (formerly Dixon's).
Documentation requirements have been fulfilled. A criminal background is being
processed at this time of the owners. The Liquor Manager, Renato Casali, is one
of the owners of the establishment and has received TAM training (On -Line
Techniques of Alcohol Management) which is an Illinois Liquor Control
Commission BASSET - approved course as well as the other two owners.
Motion by Trustee Aktipis, seconded by Trustee Korin, for passage of Ordinance
2005- LC -Al -G -771, "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, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None
Absent: 0 - None. Motion carried.
2) AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO
TITLE 12 ENTITLED, "VILLAGE RECREATIONAL FACILITIES" OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
The management of the Oak Brook Golf Club has reviewed the fee structure of the
operation and recommends changes. The changes reflect an increase of $0.50 per
round for all junior and senior green fees and an increase of $1.00 per round for all
other green fees. Management also recommends an increase of $0.25 for 9 holes
and $1.00 for 18 holes electric cart usage. Additionally, management recommends
a $25.00 per season increase for junior and senior memberships and a $50.00 per
season increase for all other membership classes.
Staff makes these recommendations after carefully reviewing the fee structure of
other facilities in the trade area to ascertain the Village's current and future market
position. Staff has concluded that these increases in fees will not materially affect
the Village's facilities demand for golf.
The revision includes the Bath & Tennis Club's staff recommendations for the
2005 rate schedule which is based on the increase in membership driven by the
reductions in rates in the 2004 season along with additional drive to increase
memberships among Corporate and Non - Resident Memberships. Staff has
planned for a slight increase in the membership fees of resident rates by $25.00 as
an inflationary increase and to cover the budgeted capital expenses in 2005.
VILLAGE OF OAK BROOK Minutes Page 14 of 20 January 17, 2005
9. B. 2)
The following recommendations are proposed:
1) 12 -1 -3 Scheduling and Permits
A. Reservations:
1. Requests to utilize the open field areas for recreational sporting events shall be
made in writing to the Bath and Tennis Club Manager at least thirty (30) days in
advance for Field 3 or foi4y five sixty(60) days in advance for Field 2; and
2) 12 -1 -6 Additional Requirements
B. Bridle and Walking Paths... All operations of eommer -ei l stables all p
y—a
$can .nn annual fee fe f utilization rof the Spefrs Core Bridle Path System r.
12 -3 -2: SEASON MEMBERSHIP AND FEE SCHEDULE:
A slight increase of $25.00 has been added to the resident memberships for Family
and Individual as an inflationary cost. Although 2004 memberships were far better
than past years, the original goal for both new Corporate and Non - Resident
Memberships fell slightly under target. A slight reduction has been assigned to
these categories in an effort to exceed the previous targets for new memberships.
3) 12 -3 -2: Reductions. Early -bird Reduced Rates
"$100.00 for all unlimited usage categories for fees paid prior to April 1 May
In 2004, the date was moved to May 15 due to the timing in which the rates were
approved and published. With the program back on schedule, staff recommends
reverting to the previous date of April 1.
4) 12 -3 -4 Operation of Clubhouse
C. Clubhouse Rental and Food and Beverage Service
The fees are proposed to increase by $50.00. The rates have not been
increased since the renovation of the Clubhouse. However, although the rates
are proposed to increase, the minimum "Net Food and Beverage Charge" per
room has been lowered. The minimum "Net Food and Beverage Charge" are
reduced to equate to a room charge of approximately $40.00 per person based
on room occupancy.
VILLAGE OF OAK BROOK Minutes Page 15 of 20 January 17, 2005
9. B. 2)
..."If the net food and beverage (excluding tax and gratuities) service for a
scheduled event exceeds the minimums shown below and subject to review by
the Village Manager or his designee based on the event, there will be no
clubhouse rental fee:
President Quinlan expressed concern for an increase in resident fees since there
appeared to be momentum that should not be derailed. There was consensus from
the Board for this amendment to staff recommendations.
Trustee Yusuf also addressed the change of the early bird discount from May to
April for the Bath and Tennis Club. There was consensus from the Board that the
discount should be continued to May.
Trustee Zannis agreed that she did not want to derail the momentum, but asked
that the Board consider reducing the discount to 10% instead of the previous
discount. There was no consensus for this recommendation.
Trustee Caleel called the question.
Motion by Trustee Caleel, seconded by Trustee Craig, for passage of Ordinance
2005- SC -EXl -G -722, "An Ordinance Adopting a Comprehensive Amendment to
Title 12 entitled, "Village Recreational Facilities" of the Village Code of the
Village of Oak Brook, Illinois (Sports Core Ordinance). ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 16 of 20 January 17, 2005
2004 Rates
2005 Rates
Saddle Club II Room:
Monday- Friday (10:00 a.m. — 4:00 p.m.)
$500
$ 500
Monday- Thursday (After 5:00 p.m.)
$1,200
$1,200
Saturday- Sunday (10:00 a.m. — 4:00 p.m.)
$1,200
$1,200
Friday- Sunday (After 5:00 p.m.)
$2,000
$2,000
Oak Brook Room:
Monday- Friday (10:00 a.m. — 4:00 p.m.)
$1,200
$1,250
Monday- Thursday (After 5:00 p.m.)
$2,000
$3,000
Saturday- Sunday (10:00 a.m. — 4:00 p.m.)
$4,000
$3,000
Friday- Sunday (After 5:00 p.m.)
$8,000
$5,000
Clubhouse:
Monday- Friday (10:00 a.m. — 4:00 p.m.)
$ 11500
$21000
Monday- Thursday (After 5:00 p.m.)
$ 2,250
$4,800
Saturday- Sunday (10:00 a.m. — 4:00 p.m.)
$ 8,000
$41800
Friday- Sunday (After 5:00 p.m.)
$12,000
$8,000
President Quinlan expressed concern for an increase in resident fees since there
appeared to be momentum that should not be derailed. There was consensus from
the Board for this amendment to staff recommendations.
Trustee Yusuf also addressed the change of the early bird discount from May to
April for the Bath and Tennis Club. There was consensus from the Board that the
discount should be continued to May.
Trustee Zannis agreed that she did not want to derail the momentum, but asked
that the Board consider reducing the discount to 10% instead of the previous
discount. There was no consensus for this recommendation.
Trustee Caleel called the question.
Motion by Trustee Caleel, seconded by Trustee Craig, for passage of Ordinance
2005- SC -EXl -G -722, "An Ordinance Adopting a Comprehensive Amendment to
Title 12 entitled, "Village Recreational Facilities" of the Village Code of the
Village of Oak Brook, Illinois (Sports Core Ordinance). ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 16 of 20 January 17, 2005
9. C. AWARD OF CONTRACTS
1) MOBILE VIDEO & COMPUTER SYSTEM
The Police Department budget for 2005 includes the purchase of a Mobile
Integrated Video and Computer System with touch screen, wireless microphone,
wireless digital video antenna, and GPS for use in an undercover police vehicle.
Currently none of the Police Department's unmarked police vehicles are equipped
with any mobile computers for mobile video cameras. The proposed purchase is
manufactured by Closed Circuit Innovations and the specific model is the
Generation II Mobile IVACS. This system is smaller and more compact than the
Generation I systems currently in use in all of the Village's marked police vehicles
and has been designed for use in unmarked vehicles. Closed Circuit Innovations is
the only manufacturer of an integrated computer and video system and they sell
directly to safety departments.
Trustee Yusuf commented that this provided additional capabilities and
enhancements to public safety. These units are for the Detective units that do not
currently have this equipment.
Motion by Trustee Yusuf, seconded by Trustee Korin, that the Village Board issue
a purchase order in the amount of $16,700.00 to Closed Circuit Innovations, Inc.,
Naperville, Illinois for the purchase of a Mobile Integrated Video and Computer
System. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis .
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. AUTHORIZATION TO PURCHASE
1) RESERVOIR B PUMP REPAIR
Several weeks ago, Pump No. 5 at Reservoir B was shut down due to excessive
leaks originating from the pump shaft seals. Two local and reputable high- service
pump repair companies were contacted and asked to provide an estimate to remove
the pump from the pump station and disassemble it from its housing to determine
the repairs needed. Due to lower initial costs and past experience with Flow -
Technics, staff selected them for the repair.
Now that the pump has been disassembled, (please keep in mind that it is pure
conjecture to obtain pricing until the pump is disassembled), a comprehensive cost
may be obtained for the repair. The repair, or semi - overhaul, will include such
items as new pump and drive shafts, shaft bearings and oil seals along with the
VILLAGE OF OAK BROOK Minutes Page 17 of 20 January 17, 2005
a
D. 1)
extensive labor to reassemble and reinstall it at Reservoir B.
This type of repair, and associated cost, is quite normal for a high- service pump
that has never been overhauled since it went into operation some 13 years ago. As
such, other pumps at Reservoir B have been scheduled for overhauls in future
years.
Motion by Trustee Zannis, seconded by Trustee Caleel, that a purchase order be
issued to Flow- Technics of Thornton, Illinois in the amount of $6,083.79 for the
repair of Reservoir B Pump No. 5. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) GOLF MERCHANDISE FOR RESALE
Staff recommends that the Village Board authorize the issuance of Purchase
Orders as needed, throughout the year, in amounts which are consistent with the
approved Budget. The Oak Brook Golf Club has budgeted for the purchase of
$176,000.00 of merchandise for resale this year (this includes stock and special
orders). Items are purchased from either the manufacturers or their representatives,
and as such it would not be practical to bid the acquisition of these items since the
Village is already receiving the best price available. Current plans are to purchase
items from approximately 30 different manufacturers, at an annual range of $500
to $28,000 per manufacturer.
Motion by Trustee Aktipis, seconded by Trustee Zannis, that the Village Board
waive bidding, and authorize staff to issue purchase orders not to exceed
$176,000.00 for the purchase of golf merchandise for resale, on the basis that the
items being ordered are "sole source'. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis .
Nays: 0 - None.
Absent- 0 - None. Motion carried.
E. TRAFFIC ENFORCEMENT ON OAK BROOK HILLS ROAD
The residents living on Oak Brook Hills Road, a private street that connects Oak
Brook Road with Baybrook Lane have requested, by petition, that the Village of Oak
Brook through its Police Department enforce the provisions of the Illinois Vehicle
Code. In order for the Police to conduct traffic enforcement along this stretch of
roadway, the residents and the Village must agree.
Motion by Trustee Yusuf, seconded by Trustee Aktipis, to authorize the Village
Attorney to draft an agreement between the Village of Oak Brook and the residents of
VILLAGE OF OAK BROOK Minutes Page 18 of 20 January 17, 2005
9. E.
Oak Brook Hills Road for purposes of enforcement of the Illinois Vehicle Code.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
F. AD HOC AUDIT COMMITTEE
Trustee Korin reported that the Committee was hopefully coming to a conclusion in
the near future to provide the Board with a comprehensive report of all of the
information that the committee reviewed.
Motion by Trustee Korin, seconded by Trustee Zannis, that the original motion to
create an Ad Hoc Committee be amended to include Trustee Susan Chase Korin as a
member and remove Trustee George Caleel as a member; and to include in its final
report any and all information and recommendations derived from the Committee's
analysis of the material provided. VOICE VOTE: All Ayes. Nays: None. Motion
carried.
10. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT
President Quinlan welcomed everyone to the new year and reiterated positive
comments about all the Village staff members.
B. VILLAGE MANAGER
Village Manager Boehm echoed President Quinlan's comments indicating that the
Village had a great staff who he enjoyed working with. He added that they served
this community extremely well.
10. C. VILLAGE CLERK — No report was given.
Trustee Yusuf echoed the comments of President Quinlan and Manager Boehm. He
offered some ideas to address the bitter cold spell the Village was experiencing to ensure
everyone's safety.
President Quinlan welcomed Trustee Craig back and Trustee Craig thanked everyone for
their support and concern during his illness.
11 ADJOURN TO CLOSED MEETING to consider the appointment, employment,
compensation, discipline, performance, or dismissal of specific employees of the public
VILLAGE OF OAK BROOK Minutes Page 19 of 20 January 17, 2005
body, litigation, when an action against, affecting or on behalf of the Village has been
11. filed and is pending before a court or administrative tribunal, or when the public body
finds that an action is probable or imminent and to set a price for the sale or lease of
property owned by the public, body
Motion by Trustee Zannis, seconded by Trustee Korin, to adjourn to a Closed Meeting to
consider the appointment, employment, compensation, discipline, performance, or
dismissal of specific employees of the public body, 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 and to set a price for the sale or lease of property owned by the public body at
9.00 p.m. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
12. ADJOURNMENT
Motion by Trustee Caleel, seconded by Trustee Korin, to adjourn the Regular Meeting of
the Board of Trustees at 10:58 p.m. VOICE VOTE- Motion carried.
ATTEST:
s /Carol Hart y
Carol L. Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 20 of 20 January 17, 2005