Minutes - 01/22/2008 - Board of TrusteesMINUTES OF THE JANUARY 22, 2008 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS AMENDED ON
MARCH 25, 2008.
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:32 p.m.
The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy,
Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin.
ABSENT: None.
IN ATTENDANCE: David Niemeyer, Village Manager; Mark Sterk, Village Attorney;
Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Director of
Community Development; Dale L. Durfey, Jr., Village Engineer; Darrell J.
Langlois, Finance Director; James Bodony, Fire Chief, Bruce F. Kapff,
Director of Information Services & Purchasing; Margaret Klinkow
Hartmann, Library Director; Thomas Sheahan, Chief of Police; Michael J.
Meranda, Public Works Director; Nelson Patras, Bath & Tennis Club
Operations Manager and Trey VanDyke, Golf Club Manager.
3. PRESIDENT'S OPENING COMMENTS
4. RESIDENTNISITOR COMMENT
Resident Nelly Naguib, on behalf of the Oak Brook Civic Association thanked President
Craig for his support of the 45`h Annual Winter Carnival and extend an invitation to all to
the Winter Carnival at the Oak Brook Bath & Tennis Club. She provided a history of the
Civic Association and asked residents and businesses to consider membership.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 9, 2007
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the October 9, 2007 Regular Board of Trustees Meeting as presented. VOICE VOTE:
Motion carried.
VILLAGE OF OAK BROOK Minutes Page 1 of 15 JANUARY 22, 2008
5. B. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 23, 2007
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the October 23, 2007 Regular Board of Trustees Meeting as amended. VOICE VOTE:
Motion carried.
C. REGULAR BOARD OF TRUSTEES MEETING OF NOVEMBER 13, 2007
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the November 13, 2007 Regular Board of Trustees Meeting as amended. VOICE
VOTE: Motion carried.
6. CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING JANUARY 18, 2008 -
$624,559.95
Significant Items included in Above:
1) DuPage Water Commission - $110,227.15
2) Klein, Thorpe and Jenkins, Ltd. — $531.50
3) Hervas, Condon, Bersani, P.C. — December, 2007 - $1,657.50
4) AM -Coat Painting - Payout #4 - Elevated Water Storage Tank Repair /Painting -
$106,300.00
5) Dixon Engineering, Inc. - Payout #5 - Elevated Water Storage Tank
Repair /Painting - $1,755.00
6) Chamber of Commerce - Economic Development Services - $12,500.00
7) Odelson & Sterk, - November, 2007 - $35,049.31
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JANUARY 12, 2008 -
$702,055.77
C. COMMUNITY DEVELOPMENT REFERRALS —
1) 22ND STREET COMMERCIAL REVITALIZATION PLAN - Removed from the
Consent Agenda
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) GOLF COURSE MAINTENANCE EQUIPMENT
VILLAGE OF OAK BROOK Minutes Page 2 of 15 JANUARY 22, 2008
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D. 1) Staff seeks authorization to obtain bids for the purchase of equipment for the golf
maintenance operation. Staff wishes to purchase a trim mower to replace an
existing 11 year old model. Staff also seeks to purchase two heavy duty utility
vehicles to replace two existing 11 year old models. Staff also seeks to purchase a
light duty utility vehicle replacing a 11 year old model. This equipment
replacement is included in the capital budget for program #834 (Golf Course
Maintenance). Staff will also seek bids for the trade -in value of the replaced
equipment and an additional piece of equipment not being replaced (a 1994 tow
behind sweeper).
The requested action was that the Board authorize staff to obtain bids for the
purchase of one trim mower, two heavy duty untility vehicles, and one light duty
utility vehicle.
2) GOLF COURSE COMMODITIES
Staff seeks authorization to obtain bids for golf course commodities. These
commodities include pesticides, herbicides, fungicides, sod, seed, and course
supplies. All of these items are included in the 2008 budget for program #834.
This bid will also include pricing for two commodities to be used in the bunker
renovation project for this year. We have budgeted for the purchase of
approximately $10,000 of sand and approximately $6,000 of a material to line the
walls of the bunkers called a sand dammer.
The requested action was that the Village Board authorize staff to obtain bids for
golf course commodities.
E. BUDGET ADJUSTMENTS — None presented
F. TREASURER'S REPORT — DECEMBER, 2007
G. ORDINANCE S -1223, AN ORDINANCE GRANTING VARIATIONS FOR THE
CONSTRUCTION OF A GROUND SIGN AT 2407 22ND STREET IN THE
VILLAGE OF OAK BROOK - STARBUCK' S COFFEE C/O TJ DESIGN
STRATEGIES
At the January 8, 2008 meeting, the Village Attorney was directed to prepare the
ordinance granting approval of a variation to Section 13- 11 -7A.5 of the Zoning
Ordinance for the Starbucks located at 2407 22nd Street to permit a ground sign on a
parcel that is less than three (3) acres in size in the B -3 District and to permit 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.
VILLAGE OF OAK BROOK Minutes Page 3 of 15 JANUARY 22, 2008
6. G. The requested action was for passage of Ordinance S -1223 which approves a
variation to permit a ground sign for the Starbucks located at 2407 22nd Street and to
permit 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.
H. ORDINANCE 5 -1224, AN ORDINANCE S -1224 REZONING AND GRANTING
A MAP AMENDMENT FOR THE PROPERTY COMMONLY KNOWN AS THE
DANA PARK SUBDIVISION IN THE VILLAGE OF OAK BROOK - FRANK
PAUL DEVELOPMENT CORP. — 3111 -3115 CARA LANE
At the January 8, 2008 meeting, the Village Attorney was directed to prepare the
ordinance granting approval of a map amendment from R -2 to R -3 for the property
commonly known as the Dana Park Subdivision located at 3111 -3115 Cara Lane
The requested action is for passage of Ordinance S -1224 which approves a map
amendment from R -2 to R -3 for the property commonly known as the Dana Park
Subdivision located at 3111 -3115 Cara Lane.
I. ORDINANCE 5 -1225, AN ORDINANCE S -1225, GRANTING A VARIATION
TO THE FRONT YARD AND SIDE YARD SETBACK REQUIREMENTS FOR
THE PROPERTY COMMONLY KNOWN AS THE DANA PARK SUBDIVISION
IN THE VILLAGE OF OAK BROOK - FRANK PAUL DEVELOPMENT CORP.- -
3111 -3115 CARA LANE
At the January 8, 2008 meeting, the Village Attorney was directed to prepare the
ordinance granting approval of a 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 located at 3111 -3115
Cara Lane
The requested action was for passage of Ordinance S -1225 which approves a
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 located at 3111 -3115 Cara Lane.
J. ORDINANCE 5 -1226, AN ORDINANCE, S -1226, GRANTING A VARIATION
FOR THE CONSTRUCTION OF A PARKING LOT AND RELATED
IMPROVEMENTS AT 1400 KENSINGTON ROAD IN THE VILLAGE OF OAK
BROOK - ADVOCATE HEALTH AND HOSPITALS CORP.— 1400
KENSINGTON ROAD
At the January 8, 2008 meeting, the Village Attorney was directed to prepare the
ordinance granting approval of a variation to Section 13- 12 -31-1-2 of the Zoning
Ordinance to permit the construction of an 87 space parking lot in a side yard
abutting a street.
VILLAGE OF OAK BROOK Minutes Page 4 of 15 JANUARY 22, 2008
6. J. The requested action was for passage of Ordinance S -1226 which approves a setback
variation to Section 13- 12 -314-2 of the Zoning Ordinance to permit a new parking lot
for the Advocate Health and Hospitals Corporation located at 1400 Kensington Road.
Trustee Kennedy asked that Agenda Item 6.C.1) be removed from the Consent Agenda
for comment.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Consent
Agenda including the referral of the Commercial Areas Revitalization Plan — Final Draft
dated December 2007 as an amendment to the Village of Oak Brook Comprehensive Plan
to the Plan Commission for public hearing on February 11, 2008 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
6. 1) 22ND STREET COMMERCIAL REVITALIZATION PLAN
Trustee Kennedy commented that this plan has been the result of two years of
effort with input from residents and commercial representatives. The plan is now
starting to move forward and has been presented to various entities. He reported
that the plan is on the Village's website.
Over the past 20 months, the Village's consultant team led by Houseal Lavigne
Inc. has been involved in the research and preparation of the Commercial Areas
Revitalization Plan document. This planning process has been given a high
priority by the Village Board and is an important step in improving both the
aesthetics and viability of Oak Brook's commercial corridors which primarily run
along 22nd Street and Butterfield Roads.
A key step in this process was the appointment of an eleven (11) member
Commercial Revitalization Taskforce comprised of elected officials, members of
the Village's Plan Commission and Zoning Board of Appeals, key local business
leaders, members of the development community, a homeowners association
president, and Village Staff. This group met a number of times and interacted
with the consultant team on a regular basis. Upon completion of the final draft of
the Commercial Areas Revitalization Plan, the Taskforce was asked to review the
document and provide input. At their November 1, 2007 meeting, the Taskforce
voted unanimously to recommend approval of the final draft of the Plan
document to the Village Board.
VILLAGE OF OAK BROOK Minutes Page 5 of 15 JANUARY 22, 2008
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6. 1) Quoting directly from the Plan,
"The Oak Brook Commercial Areas Revitalization Plan is the
product of an eight -step process that entailed: analyzing existing
conditions; determining strengths, weaknesses, issues and
opportunities; preparing a detailed demographic and market
assessment; establishing a vision for the corridor along detailed
goals and objectives; developing plans and policies for land use,
transportation and beautification; developing detailed Subarea
Plans; developing implementation strategies and action necessary to
transform the Plan from vision to reality; and, preparing this final
Commercial Areas Revitalization Plan report."
Accordingly, since the Commercial Areas Revitalization Plan would become an
element of the Village's comprehensive plan (if adopted), the next step in the
planning process is to have the Plan presented for public hearing before the Plan
Commission
BOARD & COMMISSION RECOMMENDATIONS — None presented
UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented
B. ORDINANCES & RESOLUTIONS — None presented
C. AWARD OF CONTRACTS
1) PROFESSIONAL SERVICES AGREEMENT - 22ND STREET LANDSCAPE
IMPROVEMENTS CONTINUED FROM NOVEMBER 27, 2007 -
HITCHCOCK DESIGN
In 2006, the Village hired Hitchcock Design Services to develop a Village -wide
streetscape plan. The streetscape plan has been completed and the Beautification
Committee would now like to move forward with designing the plan's
recommendations on 22nd Street from Route 83 to the Village's eastern limits.
The proposal provides preliminary and final design and engineering as well as
construction services for streetscape improvements in the following areas:
• Phase I — Salt Creek to the I -294 overpass, with construction beginning
in 2008. This phase will include replacing street lighting, median
improvements and a village entry sign at the southwest corner of York
and 22nd Street.
Phase II — Salt Creek west to McDonald's drive beginning in 2009 following the
Tollway construction project. This phase will include lighting improvements.
VILLAGE OF OAK BROOK Minutes Page 6 of 15 JANUARY 22, 2008
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C. 1) Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve a
Professional Services Agreement with Hitchcock Design Group in the amount of
$190,000 plus out of pocket expenses not to exceed $2,500.00. ROLL CALL
VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. UPDATE - SUMMARY OF CURRENT DEVELOPMENT PROJECTS
Oak Brook Promenade — 185,000 sq.ft. retail /office project located at the southwest
corner of Meyers and Butterfield Roads. Project is approximately 80 percent leased.
A list of the current tenants includes: three restaurants including Kona Grill,
McCormick & Schmick, and Go Roma; a number of retailers including Robbins
Brothers Jewelers, Joseph A. Banks, Shop 10, Omaha Steaks, My Sister Kate, Wet
Nose, Girl Friends Closet, Heels, ArHaus Furniture, Sweet and Sassy, Swoozie's,
Anna Marek Jewelers, Drapery Avenue, Murray's Irish Outfitters, Pendleton; and
several office /service uses including LasikPlus, the Mutual Fund Store, Fleur De Lis
Spa and Salon, and Body MedSpa. The largest of the Promenade's restaurants is the
Grotto (16,000 sq.ft.) is under construction and should be ready for occupancy by
March 1, 2008.
Starbuck's — 2,000 sq.ft. retail outlet is open for business at the southeast corner of
22 "a Street and Tower Drive. The variation requests required to construct a ground
sign were approved by the Village Board at its January 8, 2008 meeting.
Fifth Third Bank — 3,800 sq.ft. banking facility is planned for the southwest corner
of Rte. 83 and 16th Street. The demolition permit to take down the old Private Bank
building has been submitted.
Gibson's Steakhouse — 10,000 sq.ft. restaurant is planned for the southeast corner of
Spring Road and Commerce Drive. McDonald's owns the property and has agreed to
lease the land to Gibson's. The site plan is being revised and should be back before
the Zoning Board of Appeals in the next month or so.
Clearwater — 500,000 sq.ft. mixed use project is planned for the northwest corner of 22 "a
Street and York Road. The permit to demolish the building at 2100 York Road was
issued by the Department of Community Development on Friday November 30, 2007.
The demolition process is expected to take approximately four (4) months. While the
demolition process is underway, the John Buck Company is expected to make
application for building permits in mid December with goal of receiving approved
permits from the Village by February 2008. The first building to be constructed is the
new parking structure. Construction of the hotel, condominium, health club and retail
space is expected to begin mid April 2008. Construction should take place over the
next 24 months. The target date for obtaining occupancy from the Village for; the
retail space is anticipated in August 2009, the hotel in September 2009, and the
residential condominium units by March 2010. When completed, the project will
contain a 14 story, 75 unit residential condominium tower, a 139 room
VILLAGE OF OAK BROOK Minutes Page 7 of 15 JANUARY 22, 2008
9. D. hotel, a 50,000 sq.ft. full service health club and approximately 100,000 sq.ft. of
retail /restaurant uses.
1400 Kensington — Advocate Health has proposed the construction of an 87 space
parking lot addition along the east side of the building. The variation requests required
to construct the parking lot were approved by the Village Board at its January 8, 2008
meeting.
Inland — Preliminary discussions have taken place with the Inland Corporation
concerning the possible construction of a "high end" stand alone restaurant on a
parking lot that is directly east of the building at 2803 Butterfield Road. Additional
information is being developed by the developer.
Clearwater East (East of York Road) — Preliminary discussions have taken place
with the John Buck Company on their property located adjacent to the office building
at 2001 York Road. A mixed use project is being discussed and could include such
uses as office, retail, restaurants, entertainment uses, and additional structured
parking.
Residential Developments
Dana Park — A final plat of resubdivision will be reviewed by the Plan Commission.
This new plat will be consistent with the Village Board's recent rezoning from R -2 to
R -3 which will permit the number of new home sites to increase from three (3) to five
(5).
Brittwood Creek — 30 lot subdivision located south of 35th Street, east of Rte. 83.
Once final documents are approved, site work can begin.
Deerpath Woods — five (5) lot subdivision located south of Breakenridge Farm, west
of Adams Road. Once final documents are approved, site work can begin.
Granite Partners — five (5) acre vacant site located north of I -88 east of York Road.
Discussions continue with a developer seeking annexation of the parcel to develop it
with townhomes.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE G -853, AN ORDINANCE, G -853 ADOPTING A
COMPREHENSIVE AMENDMENT TO TITLE 12, CHAPTER 2, ENTITLED,
"OAK BROOK GOLF CLUB" OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK.
The following are changes to the golf section of the Sport Core Ordinance for
2008 — only membership fees will be impacted. The Juniors and Seniors increase
$25.00 (4 membership classes) and the others increase $50.00 (3 classes).
VILLAGE OF OAK BROOK Minutes Page 8 of 15 JANUARY 22, 2008
Resident Corporate Nonresident Nonresident
Unlimited
$1350.00
$1600.00
$1875.00
Senior
$ 750.00
N/A
N/A
Senior Limited
N/A
N/A
$1075.00
Junior
$ 600.00
N/A
N/A
Junior Limited
N/A
N/A
$ 800.00
Discussion ensued regarding additional ways to increase membership.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of
Ordinance G -853, An Ordinance Adopting a Comprehensive Amendment to Title
12, Chapter 2, Entitled "Oak Brook Golf Club" of the Village Code of the Village
of Oak Brook, Illinois ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) ORDINANCE 5 -1227, AN ORDINANCE AUTHORIZING A LOAN TO THE
SPORTS CORE FUND
The ordinance authorizing loans from the General Corporate Fund to the Sports
Core Fund expires on January 31, 2008. The prior ordinance authorized a
consolidated loan of up to $1,290,000 in order to fund capital and operating needs
of the Sports Core dating from 1996 -2003. For the fourth consecutive year, an
interfund loan was not required in order to finance Sports Core operations in
2007. That being said, none of the principal on the $1,290,000 obligation was
repaid during 2007. The 2007 budget did not project repaying any of the
principal in 2007.
At the present time the only action requested is to extend the term of the loan for
an additional one -year period. Over the last several years the Sports Core has
made strides in eliminating operating deficits that averaged $161,000 from 1996-
2003. If progress continues towards consistent and increased profitability, the
Sports Core should be able to begin progress on retiring this obligation. Per the
2008 -2012 Five -Year Financial Plan, repayment of this loan is projected to begin
in 2011.
Motion by Trustee Manofsky, seconded by Trustee Carson, that the Village Board
approve Ordinance S -1227, an Ordinance Authorizing a Loan to the Sports Core
Fund. 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 9 of 15 JANUARY 22, 2008
10. 3) RESOLUTION R -1004, A RESOLUTION ADOPTING DUPAGE COUNTY
NATURAL HAZARDS MITIGATION PLAN
On August 22, 2006, the Village Board approved Resolution 2006- DU -EM -R-
949 regarding the undertaking by DuPage County and its municipalities of a
Natural Hazards Mitigation Plan. Since that time, various Village staff have
attended meetings and participated in the development of the DuPage County
Natural Hazards Mitigation Plan.
The plan was developed since DuPage County is subject to a variety of natural
hazards that threaten life and health, and cause millions of dollars of property
damage. It is subject to floods, tornadoes, earthquakes, severe summer storms,
and winter and ice storms. While the natural hazards are acts of nature, there are
things that can be done to mitigate their impact on residents, public facilities, and
private property. The Plan identifies activities that can be undertaken at all levels
of government and by the private sector that can reduce the safety and health
hazards and property damage caused by natural hazards. The Plan meets the
Federal Mitigation Planning Requirements of Section 104 of the Disaster
Mitigation Act of 2000 and the Stafford Act for Funding under several Federal
Emergency Management Agency Mitigation Programs.
To help explain this item, attached please find the following:
1. Three pages of Frequently Asked Questions.
2. Seven pages of the Executive Summary.
3. A copy of a portion of the DuPage County Stormwater and Environmental
Concerns web page which provides a link to the full 208 page plan.
DuPage County and several municipalities have approved the plan. In order to
remain eligible for grant funding, it is appropriate that the Village of Oak Brook
also approve a Resolution regarding the plan.
Attorney Sterk has reviewed these documents and found them to be acceptable.
Motion by Trustee Wolin, seconded by Trustee Kennedy, for passage of
Resolution R -1004 which adopts the DuPage County Natural Hazards Mitigation
Plan as an official plan of the Village. 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 10 of 15 JANUARY 22, 2008
10. 4) RESOLUTION R -1005, A RESOLUTION AUTHORIZING EXTENDED
WORK HOURS ON THE I -88 TOLLWAY
Letters dated January 10, 2008 from Paul Kovacs, Tollway Chief Engineer, and
January 14, 2008 from William Garard were received regarding Tollway work on
the south side of I -88 between Meyers Road and Route 83. The letter requests a
waiver of Section 6 -1 -2 so that the contractor can safely and efficiently install
noise wall panels at night.
Section 6 -1 -2 of the Village Code states that no person or entity may use heavy
equipment in residential areas except between 7:00 A.M. and 6:00 P.M. Monday
thru Friday and between 8:00 A.M. and 5:00 P.M. on Saturday and Sunday; and
in commercial areas except between 6:00 A.M. and 6:00 P.M. Monday thru
Friday and between 6:00 A.M. and 6:00 P.M. on Saturday and Sunday.
Subsection C of that section states that the limitations may be waived by the
Board of Trustees by resolution for work undertaken by any public body or
agency for the benefit of the public and that the Board may attach to any such
waiver all conditions it deems necessary to protect the public health, safety or
welfare.
Night work is required since a Tollway lane closure would only be permitted
during night hours. A crane will pick up the noise wall panels from flat bed
trucks and install them into the vertical braces along the right -of -way. They
anticipate accomplishing about 200 feet of wall per night. Since only a crane and
trucks are involved during winter months when resident's windows are closed,
staff does not object.
Motion by Trustee Wolin, seconded by Trustee Kennedy, for passage of
Resolution R -1005, A Resolution to waive the limitations of Section 6 -1 -2 of the
Oak Brook Village Code to permit the Illinois State Toll Highway Authority and
its contractors to work nights to install noise wall panels on the Ronald Reagan
Memorial Tollway (1 -88) between Meyers Road and Route 83 until April 15,
2008 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) GOLF COURSE 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
VILLAGE OF OAK BROOK Minutes Page 11 of 15 JANUARY 22, 2008
10. C. 1) $205,000.00 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 Manofsky, seconded by Trustee Carson, that the Village Board
waive bidding, and authorize staff to issue purchase orders not to exceed
$205,000.00 for the purchase of golf merchandise for resale, on the basis that the
items being ordered are "sole source ".
D. ETHICS POLICY DISCUSSION
President Craig reported that the Ethics Ordinance was moving forward in the
appropriate direction. The ordinance in progress is modeled after the State ordinance.
He proposed that an ordinance be passed by February 12, 2008 and appointed a
committee consisting of Trustee Manofsky, Manager Niemeyer and Assistant Village
Manager Wing. He asked if any other Trustee would like to join the committee to
contact Trustee Manofsky.
Assistant Village Manager Wing presented some highlights of the ethics ordinance.
The Village of Oak Brook's current Ethics Ordinance was adopted in 2004. The
Village's policy contains prohibited acts, penalty for violations and an Ethics
Advisor. However since the Village's ordinance was adopted, the Illinois Attorney
General's has provided additional guidance and recommendations on how to help
ensure open and honest government. At this time, the Village of Oak Brook's ethics
ordinance could be updated to strengthen the Village's policy and ethical standards of
conduct for all officials and employees of the Village.
After reviewing the Illinois Attorney General's guide and several other
municipalities' ethics policies, there are several items that the Village Board may
want to consider:
• Requiring disclosures by all officials and employees of private, financial or other
interests in matters that may affect the Village.
• Adding part-time and /or additional employment as well as post - employment
restrictions for employees. Examples of such restrictions could include: a process
to request outside employment, an annual employment notification requirement,
and /or a one -year waiting period before participating in decision making or
awarding process for former officials and employees.
• Banning the disclosure of and /or use of proprietary or confidential information for
personal benefit as well as protecting whistleblowers.
VILLAGE OF OAK BROOK Minutes Page 12 of 15 JANUARY 22, 2008
10. • Appointing an Ethics Advisor to better ensure effective administration of the
D. Ethics Ordinance's provisions. (Per the current ordinance, the Village President,
with the advice and consent of the Board of Trustees, shall designate an Ethics
Advisor for the Village.)
• Creating a small three - person neutral Ethics Commission to aid in the enforcement
of the Ordinance. Although the creation of an Ethics Commission is not required
the State of Illinois, it could help provide an effective procedure for addressing
certain ethics complaints without the need for judicial proceedings.
• Provide officials and employees with training on how the revised policy will affect
them.
If the Board decides it wants to strengthen the Village's ethics policy, it is
recommend that the Board of Trustees create a small Ad -hoc Ethics Policy
Committee to review the current policy and recommend any revisions to the Village
Board. It is further recommend that the composition of the Ad -hoc Committee
include the Village President, a Village Trustee, the Village's Attorney, the Village
Manager and /or Assistant Village Manager and a resident or residents.
Trustee Manofsky asked Village Attorney Sterk for clarification of several issues.
Trustee Carson also asked Attorney Sterk regarding the legal authority of an ethics
commission.
Trustee Wolin asked to see the copies of other municipalities' ordinances.
Trustee Kennedy indicated that the Personnel Manual has had recent updates in
regard to whistleblowers, retaliation and harassment. He suggested that those
policies might be included in the ordinance. He felt that the recommended ordinance
from the Attorney General's office was quite difficult to understand and only focused
on areas regarding gifts and politic campaigning. He also had concern with the
possible abuse of an ethics commission considering the powers bestowed to the
commission.
E. REGIONAL BIKE TRAIL — SALT CREEK GREENWAY TRAIL — FIRST
AMENDMENT TO THE THIRD SUPPLEMENTAL AGREEMENT
At the Village Board meeting of April 24, 2007, the Village Board approved the
Third Supplemental Agreement which bundled currently available grant funding and
utilized it for the construction of the DuPage County south zone, due to the bid
amounts for the north and south zones significantly exceeding the engineer's estimate
and the available funding. The agencies agreed to request additional grant funds for a
future bid to construct the north zone.
IDOT recently requested Addison to terminate their funding agreement with them.
New regulations put in place in 2007 require quarterly reviews of funding not being
VILLAGE OF OAK BROOK Minutes Page 13 of 15 JANUARY 22, 2008
10. E. spent. As the north section of the trail is not moving forward and funding is drying
up, IDOT wants to reallocate the funds. Most of those dollars have been allocated to
the south section.
An e -mail from Greg Brunst, Addison Director of Public Works, states that their
Attorney has drafted an amendment to the Third Supplemental Agreement allowing
them to terminate the IDOT Agreement. Both IDOT and the Dupage Mayors and
Managers Conference are requesting that the agencies approve the First Amendment.
Attorney Stark has reviewed the First Amendment and finds it satisfactory
Motion by Trustee Wolin, seconded by Trustee Kennedy, that the Village Board
Approve the First Amendment to the Third Supplemental Agreement Concerning the
Establishment of the Salt Creek Greenway Trail and the Performance of Phase 3
Engineering Services and Construction. 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 — President Craig reminded residents of the 45t" Annual Winter
Carnival.
B. Village Manager — None presented
C. Village Clerk — Clerk Pruss informed the residents of Early Voting Sites for the
upcoming Primary Election and indicated where to find precinct listings.
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).
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 (2c 11) at 8:35 p.m. ROLL CALL
VOTE-
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
President Craig announced that there will be no final action taken after the Closed
Meeting.
VILLAGE OF OAK BROOK Minutes Page 14 of 15 JANUARY 22, 2008
13. RECONVENE — 10:23 p.m.
14. ACTION ON DIRECTION GIVEN IN CLOSED MEETING — None presented
15. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Carson, to adjourn the Regular Meeting of
the Board of Trustees at 10:24 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 15 of 15 JANUARY 22, 2008