Loading...
Minutes - 01/25/2005 - Board of TrusteesMINUTES OF THE, JANUARY 25, 2005 REGULAR 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 7.32 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. ABSENT Trustee George T. Caleel. IN ATTENDANCE: Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village Manager; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Michael J. Meranda, Director of Public Works, Police Lt. Steve Larson and Nelson Patras, Interim Bath & Tennis Club Manager; Edward Nielsen, Board of Fire & Police Commissioners and Police Sgt. Marc DeLise. President Quinlan announced that the closed meeting would not be held as noticed on the agenda as the matter may be addressed in the open meeting under New Business. Trustee Korin stated that she thought the Board was to go into closed session to discuss litigation. Trustee Zannis commented that she had left Village Manager Boehm a voice mail that she was requesting that a particular item be moved to closed session regarding the Elmhurst Builders litigation. Trustee Korin indicated that the Board had scheduled a closed meeting to discuss real estate and could they then discuss litigation. Village Attorney Kubiesa clarified that the Board could only go into a closed meeting to discuss real estate as published as it would violate the Open Meetings Act if they discussed litigation. Village Manager Boehm explained that he did not receive Trustee Zannis' request. Trustee Alctipis disagreed with Attorney Kubiesa on his legal opinion and requested a closed meeting as it would delay their discussion for two weeks. Motion by Trustee Aktipis, seconded by Trustee Zannis, to go into a closed meeting to discuss litigation at the end of the Board meeting and then return to the regularly scheduled meeting for an announcement. President Quinlan stated that the Board of Trustees may go into a closed meeting but that no action may be taken as it is not posted on a published agenda. VILLAGE OF OAK BROOK Minutes Page 1 of 21 January 25, 2005 3. RESIDENT /VISITOR COMMENT: Oak Brook Police Sgt. Marc DeLise, who has served the Village for thirty -five years as a police officer, addressed the Board of Trustees, Village residents and the press that the Oak Brook Citizens for a Better Government were not the spokespersons for the Oak Brook Police Department. He commented that an article appeared in a local newspaper indicating that morale is low in the Oak Brook Police Department. He stated that Police Lt. Larson is doing everything possible to ensure that morale is fine in the department and the officers agree. He also commented that it has been stated that certain police officers have received preferential treatment due to their friendships with President Quinlan. As one of these officers, he still remains in the same position he has had prior since President Quinlan took office. He remarked that certain individuals have suggested that the Village police officers should not forge friendships with residents of Oak Brook and he believes that this is wrong and that he would not give up his friendships for any political reasons. He is proud of his record as a police officer and the people of Oak Brook that he serves. Trustee Yusuf stated in the light of the recent snow fall, he commended the Village's Public Works employees for the work they have done. Trustee Aktipis also concurred that the Public Works Department has been on the forefront of doing a magnificent job for the community. President Quinlan publicly acknowledged a terrific job that Public Works Director and his staff did over the weekend. He noted Public Works Director Meranda was also in the trucks to provide service to the residents. President Quinlan then explained that there are roads in Oak Brook that are serviced by DuPage County and not the Village of Oak Brook which includes 22nd Street, 31St Street, Midwest Road and Meyers Road as residents complained about these streets. Sara Klaper, a community lawyer with the Citizen Advocacy Center, addressed the Board of Trustees. She briefly commented that she concurred with President Quinlan and Attorney Kubiesa of the closed meeting issue. She stated that her office won an Appellate Court decision on making oral amendments to the agenda. She stated that you may not vote to go into closed session on an issue that is not on the agenda. She noted that the Village had passed an Ethics Ordinance in May when required by the State of Illinois. The Citizen Advocacy Center is an integral member of the Illinois Ethics Reform Coalition that spearheaded the effort to reform ethics legislation at the state level and now at the local level. She explained that the Oak Brook ordinance does comply with State Statute but it only meets the minimum requirements as listed in the law. She suggested the creation of an Ethics Commission. It may establish codes of conduct, provide ethics training for employees to inform them of their rights and responsibilities, provide yearly ethics training for public officials and issue advisory opinions. She recommended that Oak Brook amend their ordinance to include an Ethics Commission. VILLAGE OF OAK BROOK Minutes Page 2 of 21 January 25, 2005 3. She suggested this would lead to a more open, accessible and accountable local government. The Citizen Advocacy Center has worked with other communities including Elmhurst and she indicated they would be happy to work with the Village. 9 5. President Quinlan announced the Board of Trustees voted upon Mr. Edward Nielsen to serve on the Board of Fire and Police Commissioners. He asked Mr. Nielsen to come forward for the official swearing in ceremony. Village Clerk Gonnella gave the official oath of office to Mr. Nielsen. Mr. Nielsen thanked the Board for allowing him to serve on the Board and commended the public safety departments for their efforts in serving the Village of Oak Brook. APPROVAL OF MINUTES - None presented. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. President Quinlan announced that under Agenda Item 5. A. 4). that the amount should read $14,793.50. Trustee Zannis asked that Agenda Items 5. E. 1 & 2 be removed from the Consent Agenda for further discussion. Trustee Korin requested that Agenda Item 5. E. 4) be removed from the Consent Agenda for further discussion. Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. A. Accounts Payable for Period Ending January 21, 2005 - $1,096,146.89 Significant Items included in Above: 1) James J. Benes & Associates — Payout #3 - $14,615.50 2) Laner, Muchin, Dombrow, Becker, Levin and Tominberg, Ltd — Attorney Fees - $915.15 continued from January 17, 2005 Meeting 3) Du Page Water Commission - $155,848 23 4) Kubiesa, Spiroff, Gosselar & Acker, P.C. — October, 2004 Legal Services - $14,793.50 B. Approval of Payroll for Pay Period Ending January 15, 2005 - $585,766.97 C. Community Development Referrals D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Tree Pruning and Removal Services 2) Golf Course Commodities VILLAGE OF OAK BROOK Minutes Page 3 of 21 January 25, 2005 5 3) Golf Course Maintenance Equipment F. Budget Adjustments G. Treasurer's Report — December, 2004 H. An Ordinance Authorizing a Loan to the Sports Core Fund I. 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 January 17, 2005 Meeting J. An Ordinance Amending Article V of the Personnel Manual of the Village of Oak Brook K. IRMA Annual Contribution L. Ratify Ad Hoc Committee Formation Amendment 6. ITEMS REMOVED FROM CONSENT AGENDA: 5. D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 4) Fourth of July Parking /Concessions Trustee Korin indicated that discussion occurred last year by the Board of Trustees of how to accommodate concessions. She recommended that food concessions are not necessary but beverages and novelty items should be available by vendors. These two areas would allow the Village to create a profit rather than going for multiple bids of services that are not necessary to provide. President Quinlan inquired what services should be provided. Trustee Korin recommended four stations of beverages on the fields and novelty items be sold throughout the crowds. Trustee Zannis suggested that the Village go out to bid for parking. Trustee Craig explained that vendors could be contacted for promotional items but those positions would have to be staffed by Village staff. President Quinlan inquired if there are legal ramifications if beverages are sold without food. Attorney Kubiesa said there is a potential liability with this. President Quinlan recommended that staff seek proposals on all areas and then choose the best method to proceed. Trustee Korin stated that this is fine but it does take time to seek proposals and she wanted enough time to allow for review of the information. Trustee Zannis asked that the beverage concessions be operated by the Village and have a time frame on the process to respond to the Board of Trustees with proposals by March 2, 2005. Motion by Trustee Aktipis, seconded by Trustee Korin, to authorize staff to seek bids or proposals or negotiate contracts for the Fourth of July Parking /Concessions VOICE VOTE: Motion carried. 5. E. Authorization to Hire, Promote or Reassign Duties of Village Employees 1) Police Department — Part-time Accreditation Manager; 2) Transfer of Police Personnel 5. E. 1) & 2) VILLAGE OF OAK BROOK Minutes Page 4 of 21 January 25, 2005 6. Trustee Zannis stated that 5. E. 1) is to approve a part-time Accreditation Manager for the Police Department and 5. E. 2) is to approve the transfer of one Community Services Officer to the Communication Division Trustee Zannis commented that the Board agreed that there should not be any changes to the Police Department until a new Police Chief is hired and she still agrees to that and is not supportive of these changes. She explained that these are budgetary items that have not been budgeted and recommended that the new Police Chief reorganize. Trustee Yusuf explained that the Police Department is still understaffed. The individual for the Accreditation Manager has a great deal of experience in this field as he is a former Sergeant. He noted that accreditation is important and it is cheaper to maintain it than lose it and then get it back. He is in favor of this as a temporary appointment until such time as a new Police Chief is hired. He recommended that this be on a contractual basis as it is in the best interest of the Department. Village Manager Boehm suggested that it is meant as a stop gap measure until a Police Chief is appointed and can organize his team of top management and maintain the accreditation program. There are a few keystone marks that are coming up including mock accreditation and then re- accreditation if they wish to maintain their status. The transfer of a CSO is budget neutral as there is one less employee due to illness in the Communications Center. One of the Community Service Officers has previously served in that position and is willing to take the transfer. It fills a great need in the Communications Center. In order to not incur additional overtime and stress on the existing staff, it is a perfect time to transfer the CSO who also has some needs at this time. Trustee Zannis inquired why a person is needed to do the accreditation. Manager Boehm explained that this was assigned temporarily to an officer but that position has taken on more duties and it had become too burdensome. The budget impact would be $400 bi- weekly for this position. Trustee Craig suggested that there are different types of accreditation that are offered that could be less costly and could be better. President Quinlan agreed that this could change but in the short term to keep the current accreditation. Manager Boehm explained that an administrative sergeant was placed on the streets when retirements occurred. Trustee Korin asked if an additional sergeant was going to be hired in addition to this part-time position. Manager Boehm explained that this is truly a transitional position. Trustee Zannis indicated that she believes the Village would have a Police Chief relatively soon who could address this issue and a strategic issue that Trustee Craig mentioned if whether to pursue this. Motion by Trustee Zannis, seconded by Trustee Aktipis, to approve Agenda Item 5. E. 2) 5. E. 2) VILLAGE OF OAK BROOK Minutes Page 5 of 21 January 25, 2005 0 a Transfer of Community Services Officer to the Communications Division. VOICE VOTE: Motion carried. Motion by Trustee Yusuf, seconded by Trustee Korin, to approve Agenda Item 5. E. 1) Authorization to Hire Part -time Accreditation Manager. VOICE VOTE: Ayes: Trustee Yusuf. Nays: Trustee Aktipis, Craig, Korin and Zannis. Motion failed. BOARD & COMMISSION RECOMMENDATIONS: A. CSA FRATERNAL LIFE — 122 22ND STREET — SIDE YARD VARIATION At its meeting on January 4, 2005, the Zoning Board held the required public hearing on a petition from CSA Fraternal Life, owner of the property at 122 22" Street who is seeking approval of a variation to Section 13 -10A -3 of the Zoning Ordinance in order to permit side -yard setbacks that are less than the 30 feet required in the ORA -1 District. In conjunction to this request, the petitioner has submitted a request for final plat of subdivision, which was heard by the Plan Commission on December 13, 2004 in order to subdivide the property into two lots so that the existing one and three story buildings are on separate parcels. At the present time, these two buildings are physically connected with a covered walkway. The petitioner has offered two variation scenarios depending on the future of the covered walkway. In scenario A, the walkway remains and would result in a side yard setback for each building of zero feet. In scenario B, the walkway would be removed and would result in side yard setbacks of 25.9 feet on both lots. Recommendation: By a vote of 4 to 0, the Zoning Board of Appeals found that the petitioner had satisfactorily addressed the applicable factors for approval of a variation to the Zoning Ordinance and recommended approval of the variation as requested subject to the following conditions: 1. Reduce the required 30 -foot setback to allow a 0' (zero foot) side yard setback for each lot for approximately 14 feet, which is the extent of the covered walkway and a 25.9 -foot setback for the remainder of both lots in substantial conformance with the plan on page G of the case file. 2. In the event that any portion of the covered walkway is removed, then the entire walkway is to be removed. 3. The variation is subject to the approval of the Final Plat of Subdivision. Motion by Trustee Aktipis, seconded by Trustee Craig, to concur with the Zoning Board of Appeals recommendation to approve a side yard variation for the CSA property at 122 22nd Street and authorize the Village Attorney to prepare the necessary VILLAGE OF OAK BROOK Minutes Page 6 of 21 January 25, 2005 7. A. ordinance for final consideration at the February 8, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. B. CSA FRATERNAL LIFE — 122 22" STREET - FINAL PLAT OF SUBDIVISION AND VARIATIONS TO THE SUBDIVISION REGULATIONS At its meeting on December 13, 2004, the Plan Commission reviewed an application from CSA Fraternal Life, owner of the property at 122 22nd Street seeking approval of a final plat of subdivision in order to subdivide the property into two lots so that the existing one and three story buildings are on separate parcels. At the present time, these two buildings are physically connected with a covered walkway. As part of this request, the applicant is also requesting a variation to Sections 14- 6 -3(J) — required monumentation and 14- 6 -3(K) — required dedication of public utility easements of the Subdivision Regulations. In addition to this request, the applicant has also submitted a petition seeking approval of a variation to Section 13 -10A -3 of the Zoning Ordinance in order to permit side -yard setbacks that are less than the 30 feet required in the ORA -1 District. This matter was heard by the ZBA at their January 2005 meeting. The petitioner has offered two variation scenarios depending on the future of the covered walkway. In scenario A, the walkway remains and would result in a side yard setback for each building of zero feet. In scenario B, the walkway would be removed and would result in side yard setbacks of 25.9 feet on both lots. Recommendation: By a vote of 7 to 0, the Plan Commission recommended approval of the final plat of subdivision as requested subject to the following: 1. The development will be in substantial conformance with the plans as submitted. Final Plat prepared by Bollinger, Lach and Associates, revision date December 6, 2004 on page H of the case file. 2. Final subdivision of the property is subject to approval of the side yard variation by the Village. 3. Subject to final engineering approval, including all items listed in Village Engineer Durfey's memo on page 4 of the case file. 4. Recommend to the Zoning Board of Appeals that if any portion of the covered walkway is removed, the entire walkway should be removed and the setback would revert to the approximate 26 foot side yard setback for each building. 5. Approval of the variation requested to Section 14 -6 -3J to permit the use of 2 mag nails on the common lot line 6. Approval of the variation requested to Section 14 -6 -3K to permit the deletion of the six foot public utility easements along the common lot line. VILLAGE OF OAK BROOK Minutes Page 7 of 21 January 25, 2005 7. B. In making this recommendation, the Plan Commission found that the applicant has satisfactorily addressed all applicable standards required for a final plat of subdivision as well as the requested variations to the Subdivision Regulations. Motion by Trustee Aktipis, seconded by Trustee Zannis, to concur with the Plan Commission recommendation to approve a final plat and requested variations to the Subdivision Regulations for the CSA property at 122 22 "a Street and authorize the Village Attorney to prepare the necessary resolution for final consideration at the February 8, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. C. WILLET — 3404 ADAMS — VARIATION TO SECTION 13- 6A -3F.3 — REAR YARD At its meeting on January 4, 2005, the Zoning Board of Appeals reviewed a petition from James and Kathryn Willet as beneficiaries of Northern Trust Co. Trust 9747 seeking approval of a variation to Section 13- 6A -3F.3 to permit a rear yard setback of sixty feet instead of the required 100 feet for the property located at 3404 Adams Road. The applicant is proposing to construct an addition to the existing single- family home which would encroach into the required rear yard. Even though the lot is approximately one -half the size required in the R -1 District, the existing home appears to conform to all required setbacks. The proposed variation request is somewhat unusual in that the applicant is seeking a variation to reduce the 100 foot rear yard setback to 60 feet for the entire parcel. Accordingly, with the requested variation, the applicant could construct further additions to the home without the benefit of an additional variation. The Zoning Board of Appeals requested that the applicant to limit their request to the proposed building footprint submitted. The applicant agreed to modify the request to the footprint of the proposed addition. Recommendation: By a vote of 4 to 0, the Zoning Board of Appeals found that the petitioner met the required standards to recommend approval of the variation request as modified and agreed to by the petitioner, subject to the following conditions: 1. The variation request is limited to allow an approximate 60 -foot encroachment in the rear yard setback in order to build the addition in the footprint as proposed. 2. The addition is to be built in substantial conformance with the Proposed Site Plan as submitted on page H, Sheet S -1, prepared by Erik Johnson & Associates dated November 45 2004. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the recommendation of the Zoning Board of Appeals and approve the requested variation VILLAGE OF OAK BROOK Minutes Page 8 of 21 January 25, 2005 7. C. to Section 13- 6A -3F.3 of the Zoning Ordinance and authorize the Village Attorney to draft the necessary ordinance for final consideration at the February 8, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. D. 814 COMMERCE LLC — VARI_ATION TO SECTION 13- 12 -31-1.2, CHAPTER 12 OFFICE STREET PARKING AND LOADING CONTINUED FROM JANUARY 17, 2005 At the January 17, 2005 meeting, the Board requested that Staff provide information relative to the approved variations for 815 Commerce and 2020 Swift. 815 Commerce 1. Variation for relief to the Village's parking and loading regulations was approved on November 22, 1983 as ordinance S -512. 2. Variation permitted 54 parking spaces in the front yard. Parking spaces in front yard can be no closer than 25 feet from property line. 4 Variation also permitted additional relief for parking spaces that are only 7'10" wide (current regulations require 8'6" for office use) and aisle widths that are 21'9" wide (current regulations require 24' for office use). 2020 Swift 1. Variation for relief to the Village's parking setback regulations was approved on November 9, 2004 as ordinance S -1087. 2. Variation permitted 27 additional parking spaces in the front yard. 3. Parking spaces in front yard can be no closer than 50 feet from property line. 4.,- Detailed landscape plan was approved which also required the construction of a 3 -ft. high berm along the east side of the new parking lot. 5. Even with new parking spaces, the overall parking ratio is less than 19 spaces per 1000 sq.ft. of gross floor area of the building. Motion by Trustee Zannis, seconded by Trustee Yusuf, to reconsider the 814 Commerce LLC — Variation to Section 13- 12 -3h.2, Chapter 12 Office Street Parking and Loading Continued from January 17, 2005. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. The applicant Larry Debb addressed the Board of Trustees of his request. He explained that allowing only one row for parking vehicles does not meet the current zoning codes and that is why they have requested additional parking in front of their building with two rows of parking. They are the only building in Oak Brook that their front yard sits on a dead end commercial street with only office buildings and where the rear of the building is adjacent to residential areas. VILLAGE OF OAK BROOK Minutes Page 9 of 21 January 25, 2005 7. D. Trustee Aktipis stated that staff has done research on this request and other similar requests of variations permitting 54 parking spaces. 2020 Swift Road was approved that involved a building that had no other option as they entire parcel was occupied by the footprint of the building. To add parking to that building the owners had to demolish part of the building. In that case the Board approved a variance to permit 27 additional parking spaces in the front yard. There are no precedents of this magnitude that the applicant is proposing to the Board. Trustee Aktipis did not recommend the approval of the proposal. Motion by Trustee Yusuf, seconded by Trustee , concur with the recommendation of the Zoning Board of Appeals and approve the requested variation to Section 13-12 - 3H.2 of the Zoning Ordinance and authorize the Village Attorney to draft the necessary ordinance for final consideration at the February 8, 2005 Board of Trustees meeting. Motion died for a lack of a second. Trustee Korin said she would support one row of parking spaces but not two. She believes this is consistent with what has been done previously. She noted that there is not a lot of parking in front of buildings in Oak Brook. Motion by Trustee Korin, seconded by Trustee , to add one row of parking including the berming they have suggested Trustee Aktipis pointed out that the applicant has to put forward to the Board of Trustees to be considered. The previous motion died for a lack of a second. The matter is off the agenda then. If the applicant wishes to request for one row of parking, then the Board could reconsider it. President Quinlan explained that the three previous motions have died for lack of a second. He requested a motion to continue this to the next meeting. Motion by Trustee Craig, seconded by Trustee Aktipis, to continue this agenda item to the next meeting. Trustee Zannis asked why the Board is continuing this matter. She suggested that the Board has to petition. President Quinlan stated that this would allow them the opportunity to petition the Board again. Community Development Director Robert Kallien stated that in the Village's Zoning Ordinance, which is part of the Village Code, indicates that "if the Board denies a variation that the applicant cannot resubmit for one year." Trustee Yusuf asked if the other two applicants that were approved did they allow one or two rows. Trustee Aktipis stated that only one row was allowed at the Swift building as there was no other option. He suggested that this parcel has other options. VILLAGE OF OAK BROOK Minutes Page 10 of 21 January 25, 2005 7. D. Community Development Director Kallien explained that the Board of Trustees granted a variance at 815 Commerce to build within 25 ft. of the property line with Swift Drive this Board of Trustees approved a variation of 50 ft. This applicant would be 35 ft. from the property line and 50 ft. from the curb line. Trustee Zannis indicated that if one views the property that a 3 ft. berm does not conceal the view of the cars at 815 Commerce. One would view the tops of the vehicles and the parking lots. If the applicant would consider a higher berm then it would be more palatable. Trustee Korin agreed with a higher berm or vegetation that gives the same affect to ensure the vehicles are screened. Trustee Aktipis inquired if the applicant would be interested in requesting a one row of parking in front of the buildings. Mr. Debb stated that it does not meet the current Village Code and it is significantly under market. He would prefer to increase the height of the berm in order to have a second row of parking. President Quinlan asked the Board of Trustees if an increase in height of the berm would make the Trustees change their view. Trustee Zannis stated accepting a 5 ft. berm for one row of parking. Trustee Aktipis concurred with one row for a good berm and he would not accept a second row. Trustee Craig stated he does not object to having a berm that would conceal the vehicles but maybe not as many parking spaces as he has requested. Trustee Korin stated she would accept one row and would not accept a second row. Trustee Yusuf stated it is reasonable to have a second row of parking given the fact that there is a certain deficiency in parking compared to what the Village Code requires now. He would want the berm to conceal the view of the vehicles from the street and tastefully landscaped. Trustee Zannis stated the petitioner has other options such as the back of the building. Mr. Debb explained that if a deck is added to the rear of the building that it would require significant variances: side yard, back yard, additional side yard variance and a variance would be required as the rear of the building abuts a residential area. As this would impact the residents in the area. President Quinlan stated that there has been a motion for continuance and called the question. The motion was stated as follows: Motion by Trustee Craig, seconded by Trustee Aktipis, to continue this agenda item to the next meeting. VOICE VOTE: Motion carried. The petitioner asked what he should do now. President Quinlan suggested to meet with the Community Development Director Kallien and asked that the Board submit their concerns to Director Kallien so that some creativity could occur as if it denied the applicant may not come before the Board of Trustees for a year. This may enable some sort of solution that meets the needs of the Board and the applicants as well. Mr. Debb will review the height of the berm and supply the Board some of their studies VILLAGE OF OAK BROOK Minutes Page 11 of 21 January 25, 2005 7 D. for parking in the rear of the building to see the negative impact of the residents to the north. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS - None. B. ORDINANCES & RESOLUTIONS 1) RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE — 2005 CRACK SEAL PROJECT CONTINUED FROM JANUARY 17, 2005 At the January 17 Board of Trustees meeting questions were raised about the procedures for street repair. The Village Engineer was not in attendance to answer the questions therefore the resolution was continued to the January 25, 2005 meeting. The Village Engineer is out of the country and recommended that this item be continued until the February 8, 2005 meeting. Motion by Trustee Zannis, seconded by Trustee Korin, to continue the Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code — Crack Seal Project. VOICE VOTE: Motion carried. 2) AN ORDINANCE AUTHORIZING THE BOARD OF TRUSTEES TO EMPLOY SPECIAL COUNSEL At the January 17, 2005 Board of Trustees meeting, Trustee Zannis requested that an ordinance be drafted allowing for a "second opinion" on legal matters. The Village Attorney has drafted two Ordinances; one that provides for the Board to hire Special Counsel with the Village President's appointment of that Counsel and one without the President's appointment. Contained in the backup material to this agenda item is a memorandum from the Village Attorney specifically regarding the draft Ordinance authorizing the employment of Special Counsel without the Village President's approval. Motion by Trustee Zannis, seconded by Trustee Aktipis, to continue the passage of Ordinance BOT -S, "An Ordinance Authorizing the Board of Trustees to Employ Special Counsel." ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. VILLAGE OF OAK BROOK Minutes Page 12 of 21 January 25, 2005 8. C. AWARD OF CONTRACTS: 1) JANITORIAL SERVICES Twelve sealed bids were received and opened on Wednesday, November 17, 2004. Bid packages were sent to 20 firms. Staff has received adequate references as to the quality of work provided by Crystal Maintenance Service Corp. All report a good and responsive working relationship. However, as with other contracts of this type, our specifications allow the Village to cancel the contract if the quality of work fails to meet our expectations. Village buildings included in the contract to be cleaned are the Butler Government Center, Public Works, Library, Sports Core Admin, Bath and Tennis Clubhouse, and the Golf Club. Motion by Trustee Zannis, seconded by Trustee Korin, that the Village Board approve a three year contract and award it to the lowest responsive and responsible bidder, Crystal Maintenance Services Corp., 1699 Wall Street, Suite 504, Mount Prospect, Illinois 60056, subject to staff review, for Janitorial Services in an amount of $211,275 ($70,425 for 2005, $70,425 for 2006, and $70,425 for 2007) as indicated on the bid tabulation. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays • 0 - None. Absent: 1 - Trustee Caleel. Motion carried. 9. NEW BUSINESS: A. CONFIRMATION OF APPOINTMENTS - None. President Quinlan sought a consensus of the Board of Trustees to direct the Village Manager and the Village Attorney to draft a sales contract for the highest bidder of Lots 1 and 2 located at the Village's Westchester Park for consideration at the next regularly scheduled Village Board meeting. It was a consensus of the Board to concur with President Quinlan's recommendations. B. ORDINANCES & RESOLUTIONS 1) RESOLUTION 2005- BD -CL- MIN -EXl -R -891, "A RESOLUTION APPROVING THE RELEASE OF CLOSED MEETING MINUTES" The Open Meetings Act requires that all public bodies shall keep written minutes VILLAGE OF OAK BROOK Minutes Page 13 of 21 January 25, 2005 9. B. 1) of all their meetings, whether open or closed. The public body shall periodically, but no less than semi - annually, meet to review minutes of all closed sessions that had not been released to the public. At this time, it is necessary for the Board of Trustees to review minutes so that they may be released to the public by Resolution. Attorney Carden has redacted the necessary sections of the closed meeting minutes from July through December, 2004 for those items that are still pending and require continued confidentiality. Motion by Trustee Zannis, seconded by Trustee Yusuf, for passage of Resolution 2005- BD -CL- MIN -EXI -R -891, "A Resolution Approving the Release of Closed Meeting Minutes." ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - Trustee Caleel. Motion carried. 2) ORDINANCE 2005- LC -AL -G -774, "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 — HYATT REGENCY OAK BROOK" The Pyramid /Contrarian Management, LLC d /b /a the Hyatt Regency Oak Brook has made application to the Village of Oak Brook for a Class D & E liquor license for the hotel establishment located at 1909 Spring Road. Documentation requirements have been fulfilled. A new General Manager Warren Fields is in the process of being fingerprinted and will attend the BASSET seminar being held in February by the Village. He has been BASSET certified but wishes to renew his certificate for the mandatory alcohol awareness training. The applicant has requested that this application be brought before you for your consideration at the Village Board's regular meeting of January 25, 2005. The hotel facilities will remain exactly as they were previously licensed by the Hyatt Corporation. A representative of the establishment will be in attendance of the meeting. Motion by Trustee Aktipis, seconded by Trustee Craig, for passage of Ordinance 2005- LC -Al -G -774, "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: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. VILLAGE OF OAK BROOK Minutes Page 14 of 21 January 25, 2005 9. B. 3) AN ORDINANCE AMENDING CHAPTER 1 (PUBLIC WORKS REGULATIONS) OF TITLE 8 (PUBLIC WORKS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO PROHIBITED DISCHARGES INTO STORM SEWERS AND OTHER DRAINAGE STRUCTURES IDOT has prepared plans for the widening improvement to Butterfield Road. As part of their normal procedure, they have requested that the Village pass an ordinance prohibiting the discharge of sanitary and industrial waste water into any storm sewers constructed as part of the improvement. The ordinance has been drafted which complies with that request. Motion by Trustee Zannis, seconded by Trustee Korin, for passage of Ordinance 2005- PW -TA -G -773, "An Ordinance Amending Chapter 1 (Public Works Regulations) Of Title 8 (Public Works) of the Village Code of the Village of Oak Brook, Illinois Relative to Prohibited Discharges Into Storm Sewers and Other Drainage Structures." ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. C. AWARD OF CONTRACTS 1) 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. Motion by Trustee Aktipis, seconded by Trustee Zannis, to waive bidding, due to sole source, and award the annual contract for maintenance of our financial software to Sungard Pentamation, Inc., Bethlehem, Pennsylvania, for the total amount of $27,794.321 subject to staff review. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent- 1 - Trustee Caleel. Motion carried. 2) INTERNET SERVICES The Village uses the Illinois Century Network (ICN) as its primary access point to the Internet. VILLAGE OF OAK BROOK Minutes Page 15 of 21 January 25, 2005 9. C. 2) The ICN was created by the State Legislature in 1999 in order to provide a telecommunications backbone providing high -speed access to data, video, and audio communications in schools, libraries, colleges, universities, museums, hospitals, and for local government and state agencies. Oak Brook started using ICN services in 2001. Although there are other ways to access the Internet (through various private companies) the State recognized that the internet had become very commercialized and congested. The ICN provides a very robust network of internet access points across the State of Illinois, providing backbone speeds ranging from DS3 (45 Mbps or approx. 28 T -1's) up to OC48 (2.4 Gbps or approx. 1,600 T -1's). The ICN network provides redundancy so that if one segment goes down, others continue to provide internet access. The Village's connection to the ICN is a T -1 connection (1.5 Mbps, equal to 28 56K modem lines). Motion by Trustee Aktipis, seconded by Trustee Zannis, to waive bidding, due to the unique service provided only to governmental entities, and award the annual contract for Internet Access to the Illinois Century Network, for the total amount of $5,160, subject to staff review. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. D. AUTHORIZATION TO PURCHASE - None. 1) COMPUTER MONITORS FOR COMMUNICATIONS CENTER The Police Department Communications Center budget for 2005 includes $7,650.00 for the purchase of new computer monitors for the three operator positions in the Communications Center. (Each operator position requires 6 monitors for a total of 18). There are 25 monitors in the communications center in total. The additional 7 are not used for receiving or dispatching calls or operating the CAD system and do not require replacement at this time or in concert with each other. This purchase is before the Board because it exceeds $5,000.00 since we are requesting to purchase these 18 units at one time in order to obtain a price reduction. The Village I.S. Department is able to procure DellTM U1traSharpTM 1905FP Flat Panel Monitor's for $399.00 each when purchased in quantity. This is a savings of $100.00 per monitor from Dell's best public sale price of $499.00 per monitor. The retail price is normally $629.00 per monitor. The I.S. Department is able to save the Village $1,800.00 when compared to Dell's best sale price (a savings of $4,140.00 under MSRP) which allows us to purchase a better quality product than originally anticipated and still spend $468.00 less than the $7,650.00 that was budgeted and approved for this project VILLAGE OF OAK BROOK Minutes Page 16 of 21 January 25, 2005 9. D. 1) Motion by Trustee Yusuf, seconded by Trustee Korin, that the Village Board authorize a purchase order in the amount of $7,182.00 to Dell Corporation for the purchase of eighteen monitors for the Communications Center. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. E AGREEMENT BETWEEN IDOT AND THE VILLAGE OF OAK BROOK REGARDING THE WIDENING OF BUTTERFIELD ROAD (IL ROUTE 56) BETWEEN 22ND STREET AND IL ROUTE 83 A letter dated January 14, 2005 was received from John Fortmann regarding a proposed Intergovernmental Agreement between IDOT and the Village. IDOT has prepared plans and is scheduled to open bids on June 17, 2005. The agreement is necessary due to the following: 1. The Village previously requested that IDOT construct sidewalks in the vicinity of Butterfield Road /Midwest Road. Under IDOT guidelines, the Village will reimburse IDOT for 50% of the cost of the sidewalk. 2. Along Butterfield Road and Midwest Road, several conflicts appeared with our existing water main and the State's improvements. The Village had several coordination meetings with the State and its consultant (James J. Benes & Associates, Inc.) which culminated with the State agreeing to insert the proposed water main relocation in their plans and then have the Village reimburse them for those costs (since our water main is within State right -of -way, the Village is responsible for any relocation costs). The agreement is the culmination of discussions, is the required IDOT format, and contains the cost factors on Page 5 which the Village has to reimburse to the State. Please note that, per IDOT policy, the Village will forward to the State 95% of the cost at the time IDOT awards the contract, which should be later this summer. Motion by Trustee Zannis, seconded by Trustee Korin, that the Village Board approve the Agreement between IDOT and the Village regarding the widening of Butterfield Road (IL Route 56) between 22nd Street and IL Route 83. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis Nays: 0 —None. Absent: 1 - Trustee Caleel. Motion carried. Trustee Aktipis asked to revisit the discussion of the closed session. He asked to have some discussion of one item which involves the appointment of an attorney to represent VILLAGE OF OAK BROOK Minutes Page 17 of 21 January 25, 2005 9. the Village. He is willing to discuss this in open session without naming a particular individual. Trustee Korin requested that this be discussed in a closed session. President Quinlan stated, under advice of counsel, he will not participate in an illegal closed session. Trustee Zannis requested suggesting having a closed session in two days. Trustee Aktipis stated that the Village will be represented by counsel on a matter that is coming in front of the court on Thursday morning and the Board has made no decisions on how they will be represented. Trustee Zannis asked Attorney Kubiesa if the Board could ask for a continuance for Thursday morning until the discussions are held. President Quinlan remarked that the Board requested that Attorney Kubiesa recuse himself from the case. Trustee Korin stated that not on the request of this Board an attorney was assigned this case without discussion of the Board who was the attorney. She believes that attorney is very capable there seems to be conflict in him handling the case. The discussion was to hopefully try to find another attorney over the case. President Quinlan stated that this attorney has been duly appointed by the Board previously and currently representing the Village and he has not heard of any conflict of interest of this attorney. Trustee Aktipis stated that this attorney is a witness to the case and such cannot participate as an attorney. President Quinlan stated he is referring to the Elmhurst Builders case. Trustee Aktipis stated he is referring to the matter in which Attorney Kubiesa has to attend when he goes to court on Thursday morning. Trustee Zannis stated the point is that the litigation has been assigned to a particular attorney without the consent of the Board of Trustees. In this particular case the majority of the Board feels that their voice be heard before that assignment is made. Trustee Korin stated the second point is the conflict of interest with this individual. Trustee Atkipis stated that technically Attorney Kubiesa is still the attorney in this case until the judge allows for a substitution but he needs to recuse himself due to a conflict of interest. However he could go on Thursday and represent that a new attorney will be presented to the judge for substitution. Therefore, we could delay this action until after Thursday. Attorney Kubiesa stated that it is Trustee Aktipis' motion that is in court on Thursday and he may delay it if he wished. He is seeking to intervene in the case and you may decide whether to present that motion on Thursday or not. Trustee Aktipis stated the motion will be presented on Thursday but the question is when Attorney Kubiesa attends the court date if he presents himself as an attorney for the Village. Attorney Kubiesa stated that he will not be attending Thursday morning. Attorney Kubiesa stated that an attorney has been appointed. Trustee Aktipis did not agree with this. Trustee Zannis asked who appointed the attorney. President Quinlan stated that the attorney selected currently represents the Village Trustee Zannis indicated that the Board formally is requesting a different attorney. Trustee Aktipis stated that if Attorney Kubiesa has a conflict of interest and is withdrawing from the case, it is highly unusual for VILLAGE OF OAK BROOK Minutes Page 18 of 21 January 25, 2005 9. him to make the choice of his substitute. Attorney Kubiesa stated that he does not have a conflict of interest but withdrew because it is in the best interest of the Village that he not be involved adverse to Trustee Aktipis. As Trustee Aktipis is now filing a complaint in the case that is adverse to the Village. He suggested that Trustee Aktipis should not be participate in these discussions as to who is going to represent the Village or otherwise deal with this case as he now has a claim against this Village. Trustee Aktipis disagreed with him and that it is a wrong interpretation. He still wants to ensure the Village is properly represented. Trustee Korin reiterated that there should have been discussion among the Board of the appointed attorney and because of the conflict that exists she asked if another attorney could be appointed. President Quinlan asked Attorney Kubiesa if this could be delayed. President Quinlan stated that Trustee Atkipis has to decide to not present the motion on Thursday. Trustee Zannis stated that his issue has nothing to do with the assignment of the attorney. His issue may continue as it is two different things. President Quinlan stated it seems that the time issue runs along with his desire to present a motion Thursday morning in court. Now the Board is no longer happy with counsel which the Board received by Friday and the Board wants to hire another additional outside counsel which would require the President to appoint and approve them. This would take some time as they would have to be interviewed. The only person who may continue this is the plaintiff which is Trustee Aktipis. Trustee Zannis asked President Quinlan if there is consensus from him for a new attorney to be appointed. President Quinlan stated that if the Board wanted outside counsel, he would do that but that time is needed. Trustee Aktipis indicated that technically Attorney Kubiesa is still the attorney on the case and he could present himself in court and ask for a substitution to a new attorney that would come forward from this Board. Attorney Kubiesa indicated that the substitution of attorneys is going to be presented on Thursday by Mr. De Ano. Trustee Zannis stated that is what the Board is requesting to be delayed. Trustee Atkipis remarked that Attorney Kubiesa is the attorney of record in front of the judge and you make the change. Attorney Kubiesa explained that nothing will occur on Thursday Motion by Trustee Aktipis to direct the Village Manager to provide the Board with three options of attorneys and an attorney be selected by the Board as a whole to represent the Board in this case. President Quinlan stated the process is for the Village President appoints the attorney and the Board approves. He will search for new attorneys for the Board. VILLAGE OF OAK BROOK Minutes Page 19 of 21 January 25, 2005 9. Trustee Yusuf stated he would like to know what the conflict of interest of this particular attorney. Trustee Aktipis stated he is a potential witness and cannot represent the Village. President Quinlan again asked Trustee Aktipis to show him why there is a conflict of interest. Trustee Yusuf asked Attorney Kubiesa, once those details are received, if he feels indeed that it does constitute a conflict. It was a consensus of the Board to notice a closed meeting Thursday evening to discuss litigation and attorneys as it pertains to the Elmhurst Builders case. Clerk Gonnella noted the 48 hour notice to publish the meeting. President Quinlan stated it would have to occur Friday morning. Trustee Zannis asked Attorney Kubiesa in finding a different attorney, the Village President appoints and the Board approves. She asked if he would start searching for another attorney to save some time until the Board could meet to discuss the conflict of interest. Trustee Zannis stated that if the Board meets on Monday and Attorney Kubiesa does concur that there is a conflict of interest then President Quinlan could suggest another attorney. President Quinlan concurred with this request. The Board requested that a closed meeting be scheduled for Monday evening at 7:30 p.m. 10. INFORMATION & UPDATES: A. VILLAGE PRESIDENT President Quinlan gave an update of the continued search for a permanent Police Chief. Background checks are being processed currently on two individuals and soon as this process is completed a name will be brought forward to the Board of Trustees for consideration and to be interviewed. At that point in time the Board and he will make a decision on how to move forward in a closed meeting. Again, he complimented the Public Works Director Meranda for the excellent service he and his staff provides the residents of Oak Brook. He again reminded the public that the Village does not control Meyers Road, 31St Street, Midwest Road and 22nd Street. B. VILLAGE MANAGER Village Manager Boehm explained that earlier in the meeting the Village's Ethics Ordinance was discussed. The Village President had asked Attorney Kubiesa and him to review this matter. Research is being conducted as to the different options. The Village's ordinance was adopted from the model ordinance as recommended by the Illinois Municipal League and adopted by many municipalities throughout the state. They are reviewing what can be done to augment the present ordinance. The Village did include the VILLAGE OF OAK BROOK Minutes Page 20 of 21 January 25, 2005 10. appointment of an Ethics Officer. C. VILLAGE CLERK Clerk Gonnella announced the closing of the filing date for the April 5, 2005 Consolidated Election. There are nine candidates for the three Trustee positions. Richard Arling, Samuel J. Girgis, Jeffrey J. Kennedy, Al Knuth, Kathryn F. Manofsky, Terry O'Malley, Moinuddin Saiyed, Robert G. Sanford and Constantine P. Xinos. There were four candidates that filed simultaneously at 8:30 a.m. on the first day of filing so there will be a lottery held for ballot placement on February 3, 2005 at 9:00 a m. in her office. Trustee Zannis then discussed since the assignment of an attorney requires the President with the Board's consensus and approval and since the Board did not give the consensus of approval. Then can they skip the whole part of the conflict of interest. President Quinlan remarked that for the record that the attorney has already been approved by this Board of Trustees. Trustee Aktipis stated that it is unnerving that the Board receives a letter from the Village President that the Board has approved this attorney when they have not. President Quinlan reiterated that this man is an attorney of record representing the Village of Oak Brook. 11. ADJOURN TO CLOSED MEETING to set a price for the sale or lease of property owned by the public body. President Quinlan previously announced in the meeting that the Board would not go into a closed meeting as this item will be discussed in open session of the meeting. 12. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Korin, to adjourn the Regular Meeting of the Board of Trustees at 9:02 p m. VOICE VOTE: Motion carried. ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 21 of 21 January 25, 2005