Minutes - 01/27/2009 - Board of TrusteesMINUTES OF THE JANUARY 27, 2009 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AS
AMENDED ON APRIL 28, 2009.
CALL TO ORDER
The Rescheduled 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
6:31 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 Jeffrey J. Kennedy, Kathryn F. Manofsky,
Robert G. Sanford and Gerald Wolin.
ABSENT: Trustees James Carson and Moin Saiyed.
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager and Robert L. Kallien, Jr., Director of Community Development.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to discuss the setting of a
price for sale or lease of property owned by the public body (2c6), to discuss collective
negotiating matters between the public body and its employees or their representatives, or
deliberations concerning salary schedules for one or more classes of employees (2c2), o
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) and to consider the appointment,
employment, compensation, discipline, performance, or dismissal of specific employees
of the public body or legal counsel for the public body, including hearing testimony on a
complaint lodged against an employee of the public body or against legal counsel for the
public body to determine its validity (2c 1). ROLL CALL VOTE:
Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 2 - Trustees Carson and Saiyed. Motion carried.
The meeting was adjourned to Closed Meeting at 6:33 p.m.
RECONVENE
The meeting was reconvened at 7:33 p.m.
VILLAGE OF OAK BROOK Minutes Page 1 of 21 REGULAR MEETING OF
JANUARY 27, 2009
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ROT.T. C`.AT.T.
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John W. Craig, Trustees Jeffrey J. Kennedy, Kathryn F. Manofsky,
Moin Saiyed, Robert G. Sanford and Gerald Wolin.
ABSENT: Trustee James Carson.
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager; Mark Sterk, Village Attorney; 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; Michael Hullihan, Public Works Director and
Thomas Sheahan, Chief of Police.
3. PRESIDENT'S OPENING COMMENTS — None presented.
4. RESIDENTNISITOR COMMENT
Resident Joan Mullins and former Village Prosecutor addressed the- Board regarding
Village decisions to not defend Village officials in litigation against them. When the
insurance carrier who represented the Village refused to cover them, the Village should
have pursued the carrier. She felt that the action would be detrimental for many reasons
including attracting and retaining residents to serve these positions in the Village due to
the possibility of great potential personal loss. She felt that it would increase expenses in
the long run. She suggested that the Board reconsider their policy.
Resident Kevin Quinlan and former Village President addressed the Board also regarding
the same issue indicating that it is the Village's responsibility to defend Village officials
in order that they would be able to exercise their duties to the best of their ability.
5. APPROVAL OF MINUTES — None presented.
6. CONSENT AGENDA:
All items on the consent agenda are considered to be routine in nature and will be enacted
in one motion. There will be no separate discussion of these items unless a board member
so requests, in which event, the item will be removed from the consent agenda and
considered as the first item after approval of the consent agenda.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING JANUARY 23, 2009 -
$1,838,589.77
SIGNIFICANT ITEMS INCLUDED IN ABOVE:
1) LEGAL BILLS
a) Odelson & Sterk, Ltd. — Legal Services — December, 2008 - $32,782.50
VILLAGE OF OAK BROOK Minutes Page 2 of 21 REGULAR MEETING OF
JANUARY 27, 2009
6. A. 2) Tran Systems Corporation — Payout #2 — 22 "d Street Water Main Design -
$10,956.83
3) Dupage Water Commission - $1225761.44
4) Hitchcock Design Group — Payout # 15 - 22 "d Street Improvement Project -
$5,244.03
5) Inland Development Management, L.L.C. — Payout #1 & Final — Tuscan Woods
Drainage - $195331.43
6) Irma Contribution - $1,144,857.00 — Removed for discussion.
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JANUARY 10, 2009 -
$696,899.69
C. COMMUNITY DEVELOPMENT REFERRALS
1) VILLAGE OF OAK BROOK — TEXT AMENDMENT — MULTI - FAMILY
AND SENIOR HOUSING
Item was deferred.
2) KINST SUBDIVISION — FINAL PLAT — LOTS 37 AND 38 YORKSHIRE
WOODS
Mr. Thomas Kinst, Executor of the Estate of Arlene E. Kinst, the owner of the
1.6135 acres known as the Kinst Subdivision located in Yorkshire Woods has
submitted an application for a final plat in order to subdivide the existing parcel
known as 32 Yorkshire Drive into two (2) single - family lots.
The requested action was to refer the request for a Final Plat of Subdivision to the
Plan Commission for review and recommendation at its February 16, 2009
meeting.
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) LEAF VACUUM MACHINE — UNIT 527
The current leaf vacuum machine, Unit 527, was originally purchased in 1996. It
was scheduled for replacement in 2006, but the replacement has been delayed. It
is well past its service life. Mechanical inspection has shown its' hydraulic
system to be unreliable. There are two of these units scheduled for replacement
in 2009. Staff recommended delaying the procurement of the second machine
until 2010 in light of budget restraints.
The requested action was to authorize staff to prepare specifications and solicit
bids for replacement of a Leaf Vacuum Machine (Unit 527).
VILLAGE OF OAK BROOK Minutes Page 3 of 21 REGULAR MEETING OF
JANUARY 27, 2009
6. E. BUDGET ADJUSTMENTS — None presented.
F. TREASURER'S REPORT — DECEMBER, 2008
G. DEERPATH WOODS SUBDIVISION — REDUCTION IN SUBDIVISION
SECURITY
The Village has received a request for a reduction of $320,647.80 in the subdivision
security for the Deerpath Woods Subdivision. Upon reviewing the file and the work
accomplished to date staff recommended reducing the security.
This recommendation is based upon the amount of work completed to date and the
amount of work yet to be done. Per usual procedures, the Engineering Department
has spot- inspected the improvements as they have been constructed and have found
them to comply with Village regulations.
The recommended summary is as follows:
Original amount of subdivision security $ 4275598.60
Previous reductions $ 0.00
This reduction $ 320,647.80
Balance in subdivision security $ 106,950.80
With this request, the remaining portion of the subdivision security will have 25% of
the original amount.
The requested action was that the Village Board reduce the Irrevocable Letter of
Credit No. SLC302490 from the Northern Trust Bank by the amount of $320,647.80.
H. ORDINANCE S -1251, AN ORDINANCE AUTHORIZING THE SALE,
DONATION OR DISPOSAL OF CERTAIN ITEMS OF PERSONAL PROPERTY
OWNED BY THE VILLAGE OF OAK BROOK
A typewriter, that was used in the Community Development Department has reached
the end of its useful life and will not be replaced. The typewriter will be disposed of
by first advertising for bids. If no bids are received, it will be offered to local schools,
churches and not - for - profit agencies. If no one is interested, it will be disposed of.
The requested action was for passage of Ordinance S -1251, An Ordinance
Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property
Owned by the Village of Oak Brook
VILLAGE OF OAK BROOK Minutes Page 4 of 21 REGULAR MEETING OF
JANUARY 27, 2009
6. I. APPROVAL OF REQUEST FOR RELEASE OF FUNDS - OAK BROOK HOTEL,
CONVENTION AND VISITORS COMMITTEE - $185848.22
The Oak Brook Hotel, Convention and Visitors Committee, by a poll vote of the
Committee members on January 21, 2009, recommended that $18,848.22 be released
to the DuPage Convention & Visitors Bureau. This amount represents 20% of 1 % of
the 2008 fourth quarter hotel tax receipts.
The requested action was that the Village Board authorize the release of 20% of I%
of the 2008 fourth quarter hotel tax receipts to the DuPage Convention & Visitors
Bureau in the amount of $18,848.22, as recommended by the Oak Brook Hotel,
Convention and Visitors Committee.
Trustee Saiyed asked that item 6.A. 6) be removed for discussion.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA
6. A. 6) Irma Contribution - $1,144,857.00
Trustee Saiyed asked to be updated on the issue of seeking the cost of other
insurance carriers. Assistant Village Manager Wing responded that staff was in
the process of reviewing and pursuing quotes from other carriers and expected to
have an evaluation and comparison by May. The current contribution would
cover January through December of 2009. Manager Niemeyer also commented
that once the comparisons were evaluated and a decision might be made the
Village would be required to provide a year's notice.
Motion by Trustee Manofsky, seconded by Trustee Wolin, to approve the IRMA
contribution in the amount of $1,144,857.00. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS
A. SANTEFORT — SCHOPP — 12 HEATHER LANE — VARIATIONS — DRIVEWAY
REQUIREMENTS
VILLAGE OF OAK BROOK Minutes Page 5 of 21 REGULAR MEETING OF
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A. At its meeting on January 6, 2009, the Zoning Board of Appeals completed its
deliberations on a petition from Santefort Properties Inc., on behalf of Rick and
Christine Schopp, the owners of the property at 12 Heather Lane, seeking approval of
a variation to Sections 13- 12 -1.D and 13- 12 -3 -E4 of the Zoning Ordinance to
accommodate an existing driveway. The variation are needed to accommodate an
existing driveway system that was built with entrances that have a separation of 20
percent of the lot width instead of 40 percent as required by code.
Recommendation — Variations
It was noted that the standards for a variation were addressed by the applicant in the
testimony presented and in writing on page 18 of the case file. In making these
recommendations to the Village Board, the Zoning Board of Appeals noted that there
are many residential driveways in the Village that do not conform to this section of
the code. Accordingly, it was recommended that the Village address this issue by
considering an amendment to the applicable section of the Zoning Ordinance.
(FIRST MOTION) By a vote of 5 to 0, the Zoning Board of Appeals noted that the
applicant requested forgiveness of the violation to Section 13 -12 -1D and to
recommend approval of the variation that require the design and engineering for all
new or modifications to existing parking and loading facilities shall be approved by
the village engineer prior to construction.
(SECOND MOTION) By a vote of 5 to 0, the Zoning Board of Appeals noted that
the applicant addressed the required standards to recommend approval of the
variation to Section 13- 12 -3E4 to allow the spacing of two driveways to be reduced
to 20 percent of the lot width rather the Code requirement of 40 percent.
Trustee Kennedy indicated that there was an issue regarding turning radius that was
not addressed. Trustee Sanford responded that it had been proven that it was not a
problem.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
recommendation from the Zoning Board of Appeals and approve the requested
variations to Section 13 -12 -1D and 13 -12 -3E4 in order to accommodate an existing
driveway at 12 Heather Lane and authorize the Village Attorney to prepare the
necessary ordinance for final consideration at the February 10, 2009 Board of
Trustees meeting. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 6 of 21 REGULAR MEETING OF
JANUARY 27, 2009
8. B. MCDONALD'S USA, LLC — 2111 MIDWEST ROAD AND J.P. MORGAN
CHASE BANK — 212122" STREET
• Text Amendment — Sign Regulations — Off -Site Premises Signs With Cross
Access Agreement
The Plan Commission, at its meeting on November 17, 2008, and the Zoning
Board of Appeals at its meeting on January 6, 2009 completed its review and
deliberations on a joint petition from McDonald's USA and J.P. Morgan Chase
Bank seeking approval of a text amendment, which would permit the construction
of off -site premises ground signs that would identify both McDonald's and the
adjacent Chase Bank on each property.
The rationale for this request would allow off -site premises signs as part of a
signage and cross - access easement agreement between two or more commercial
property owners. The redevelopment of the McDonald's property includes the
planned provision of cross - access between McDonald's and the Chase Bank
property and addresses IDOT's changes to Midwest Road that would prohibit
southbound access into the Chase Bank property due to the construction of a
raised median. The need to provide cross - access was a key recommendation in
the recently adopted Commercial Revitalization Plan
Recommendation
By a vote of 5 to 0, both the Plan Commission and Zoning Board of Appeals
recommended approval of the proposed text amendment to allow off -site
premises ground signs, subject to the following conditions:
1. The sign and cross access agreement entered into between the property
owners is to be recorded so that it remains with the property in the event of
sale or transfer of ownership.
2. 50 square feet maximum per sign face area per side (100 square feet
maximum per sign)
3. One off -site premises sign allowed per street frontage.
Trustee Kennedy commented that the agreement between Chase and McDonald's
is an excellent example of integrating two properties to provide better access
which had been part of the Commercial Revitalization Plan. He also suggested
that they work with Community Development Director Kallien regarding the
signage. He indicated that the Commercial Revitalization Task Force was
looking at consistent, classic design signs for the area and it might be
advantageous for them to look at what is being considered.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested text amendment in order to locate off -site premises ground
VILLAGE OF OAK BROOK Minutes Page 7 of 21 REGULAR MEETING OF
JANUARY 27, 2009
8. B. signs on the McDonald's property located at 2111 Midwest Road and for the
Chase Bank located at 2122 22nd Street subject to the following conditions:
a. The sign and cross access agreement entered into between the property
owners is to be recorded so that it remains with the property in the event of
sale or transfer of ownership.
b. 50 square feet maximum per sign face area per side (100 square feet
maximum per sign)
c. One off -site premises sign allowed per street frontage; and
authorize the Village Attorney to prepare the necessary ordinance for final
consideration at the February 10, 2009 Board of Trustees meeting. ROLL CALL
VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
• Special Uses — Mcdonald's — Drive -Thru Lanes And Outdoor Dining Adjacent To
Restaurant
The Plan Commission, at its meeting on November 17, 2008, and the Zoning
Board of Appeals at its meeting on January 6, 2009 completed their review and
deliberations on a petition from McDonald's USA, seeking approval of two
special uses as part of their plan to demolish the existing building and construct a
new McDonald's restaurant and related site improvements. The current
restaurant building and site are outdated.
In separate requests, McDonald's is also seeking approval of a text amendment
and variations in order to construct a ground sign on a parcel with less than three
acres as well as other relief needed on the site as part of its redevelopment.
The first special use relates to the need to redesign and expand the drive -thru
element from one to two lanes, which is currently in use at the recently updated
McDonald's restaurant on Spring Road and are common to the modern
McDonald's restaurant.
The second special use relates to the provision of an outdoor dining arrangement,
which is also common to most McDonald's restaurants.
Recommendations
(Drive -Thru Lanes) By a vote of 5 to 0, both the Plan Commission and Zoning
Board of Appeals recommended approval of the requested special use to allow
the drive -thru lanes as requested, subject to the following conditions:
1. The development shall be in substantial conformance with the plans as
submitted and revised.
VILLAGE OF OAK BROOK Minutes Page 8 of 21 REGULAR MEETING OF
JANUARY 27, 2009
8. B. 2. Notwithstanding the exhibits, the applicant shall meet all village ordinance
requirements at the time of building permit application except as specifically
varied or waived.
(Outdoor Dining Area) By a vote of 5 to 0, both the Plan Commission and
Zoning Board of Appeals recommended approval of the requested special use to
allow an outdoor dining area adjacent to a restaurant, subject to the following
conditions:
1. The only entry points into or out of the outdoor dining area are to be from the
access walks by the restaurant leading to the entrances. The development
shall be in substantial conformance with the plans as revised so that the safety
issues are addressed.
2. Notwithstanding the exhibits, the applicant shall meet all village ordinance
requirements at the time of building permit application except as specifically
varied or waived.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the requested special uses for the Drive -Thru Lanes and an Outdoor
Dining Area Adjacent to a Restaurant, subject to the following conditions:
1. The only entry points into or out of the outdoor dining area are to be from the
access walks by the restaurant leading to the entrances.
2. The development shall be in substantial, conformance with the plans as revised
so that the safety issues are addressed; and
authorize the Village Attorney to prepare the necessary ordinance for final
consideration at the February 10, 2009 Board of Trustees meeting. ROLL CALL
VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
• Variations — J.P. Morgan Chase — Ground Sign And Sign Setback
At its meeting on January 6, 2009, the Zoning Board of Appeals reviewed a
petition from J.P. Morgan Chase Bank, N.A., owner of the property located at
212222 d Street seeking approval of two (2) variations to Section 13- 11 -7.A.5 to
permit a ground sign on a parcel containing less than three (3) acres and to allow
that sign to be located not closer than two (2) feet from a lot line. This request is
in addition to a separate request for a text amendment.
Specifically, J.P. Morgan Chase Bank has requested this variation in order to
construct a ground sign that would identify both the Chase Bank and the adjacent
VILLAGE OF OAK BROOK Minutes Page 9 of 21 REGULAR MEETING OF
JANUARY 27, 2009
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B. McDonald's restaurant. This request mirrors the request by McDonald's as part
of their plan to construct a new restaurant at 2111 Midwest Road and to provide
cross access between the two properties.
Recommendations
(Ground Sign) By a vote of 5 to 0, the Zoning Board of Appeals recommended
approval of a variation to allow a ground sign on a property with less than three
(3) acres subject to the following conditions:
1. The ground sign is to be constructed in substantial conformance to the revised
proposed signage details and elevation drawings as shown on pages 19.a of
the case file.
2. Meet all provisions of the Zoning Ordinance relative to ground signs including
landscaping and lighting.
3. Notwithstanding the exhibits, the applicant shall meet all Village Ordinance
requirements at the time of building permit application except as specifically
varied or waived.
(Sign Location) By a vote of 5 to 0, the Zoning Board of Appeals recommended
approval of a variation to allow a ground sign to be placed no less than two (2)
feet from the lot line, subject to the following conditions:
1. The ground sign is to be constructed in substantial conformance to the revised
proposed signage details and elevation drawings as shown on pages 19 -19.b
of the case file.
2. Meet all provisions of the Zoning Ordinance relative to ground signs
including landscaping and lighting.
3. Notwithstanding the exhibits, the applicant shall meet all Village Ordinance
requirements at the time of building permit application except as specifically
varied or waived.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
recommendations from the Zoning Board of Appeals and approve the requested
variations in order to allow a ground sign on a property with less than three (3)
acres, to be located within two (2) feet of the property line of the property located
at 2122 22 d Street subject to the conditions and authorize the Village Attorney to
prepare the necessary ordinance for final consideration at the February 10, 2009
Board of Trustees meeting. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 10 of 21 REGULAR MEETING OF
JANUARY 27, 2009
8. Variations — Mcdonald's — Ground Sign, Wall Signage, Parking Space Reduction
B. And Parking Lot Landscape Screening Height
At its meeting on January 6, 2009, the Zoning Board of Appeals held the required
public hearing on a petition from McDonald's USA, seeking approval of several
variations as part of their plan to demolish the existing restaurant and construct a
new McDonald's restaurant and related site improvements. The current thirty -
year -old restaurant building and site are outdated.
As separate requests, McDonald's is also seeking approval of a text amendment
and two special uses.
Specifically, McDonald's is seeking the following variations:
Section 13- 11 -7.A.5 to permit a ground sign on a parcel containing less than
three (3) acres, which shall be located not closer than six and one -half (6.5)
feet from a lot line; (Note: McDonald's withdrew this request for a setback
variation)
2. Section 13- 11 -7.A.3 to increase the maximum gross surface area of total wall
signs permitted to 124 square feet;
3. Section 13 -12 -5 to reduce the minimum number of off - street parking spaces
from 79 to 52; and
4. Sections 13- 12 -4.B.1 and 13- 12 -4.B.2 to reduce the height of the permanent
landscaping installed in the front yard adjacent to the parking areas from four
feet to approximately three feet and in the side and rear yards adjacent to the
I
arking areas from five feet to approximately four feet in height, consistent
with proposed landscaping detail plan.
Recommendations
(Section 13- 11 -7.A.5 — Ground Sign) By a vote of 5 to 0, the Zoning Board of
Appeals recommended approval of a variation to allow a ground sign on a
property with less than three (3) acres subject to the following conditions:
1. The ground sign is to be constructed in substantial conformance to the revised
proposed signage details and elevation drawings as shown on pages 19 -19.a
of the case file.
2. Meet all provisions of the Zoning Ordinance relative to ground signs
including landscaping and lighting.
3. Not withstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived.
(Section 13- 11 -7.A.3 — Increase wall signage) By a vote of 5 to 0, the Zoning
VILLAGE OF OAK BROOK Minutes Page 11 of 21 REGULAR MEETING OF
JANUARY 27, 2009
Board of Appeals recommended approval of a variation to allow an increase of
the maximum gross surface area of the wall signs from 90 square feet to 124
square feet, subject to the following conditions:
1. The signs are to be constructed in substantial conformance to the revised
signage details and elevation drawings as shown on pages 19 -19.a of the case
file.
2. Meet all provisions of the Zoning Ordinance relative to ground signs
including landscaping and lighting.
3. Not withstanding the exhibits, the applicant shall meet all Village Ordinance
requirements at the time of building permit application except as specifically
varied or waived.
(Section 13 -12 -5 - Reduce the minimum number of required parking spaces) By
a vote of 5 to 0, the Zoning Board of Appeals recommended approval of a
variation to allow a reduction of the required parking spaces from 79 to 52 spaces
as shown on the revised site plan subject to the following conditions:
1. To be developed in substantial conformance to the details as shown on Sheet
C3.0 as revised in the case file.
2. Not withstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived.
(Sections 13 -12 -4.13.1 and 13- 12 -4.B.2 — Reduce the height of permanent
landscaping adjacent to parking areas) By a vote of 5 to 0, the Zoning Board of
Appeals recommended approval of a variation to allow a reduction of the height
of the permanent landscape screening adjacent to parking areas in the front yard
from four feet to approximately three feet and in the side and rear yards adjacent
to the parking areas from five feet down to approximately four feet as shown on
the revised landscape plan subject to the following conditions:
1. To be developed in substantial conformance to the revised landscaping detail
plans as shown on Sheet L -1 as revised in the case file.
2. Notwithstanding the exhibits, the applicant shall meet all Village Ordinance
requirements at the time of building permit application except as specifically
varied or waived.
In each of these requested variations, the Zoning Board of Appeals found that the
applicant had satisfactorily addressed the standards for approval of a variation.
Motion by Trustee Sanford, seconded by Trustee Kennedy, move to concur with
the recommendations from the Zoning Board of Appeals and approve the
requested variations to:
VILLAGE OF OAK BROOK Minutes Page 12 of 21 REGULAR MEETING OF
JANUARY 27, 2009
8.B. 1. Section 13- 11 -7.A.5 to permit a ground sign on a property containing less
than three (3) acres;
2. Section 13- 11 -7.A.3 to increase the maximum gross surface area of total wall
signs permitted to 124 square feet;
3. Section 13 -12 -5 to reduce the minimum number of off - street parking spaces
from 79 to 52; and
4. Sections 13- 12 -4.B.1 and 13 -12 -4.13.2 to reduce the height of the permanent
landscape screening adjacent to parking areas in the front, side and rear yards
as shown on the revised landscape detail plans.
All approvals are subject to attached conditions and authorize the Village
Attorney to prepare the necessary ordinance for final consideration at the
February 10, 2009 Board of Trustees meeting. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE S -1250, AN ORDINANCE APPROVING THE 2009 SALARY
PLAN AND SALARY ADMINISTRATION POLICY FOR NON -
REPRESENTED EMPLOYEES OF THE VILLAGE OF OAK BROOK,
ILLINOIS
Trustee Wolin commented that a salary plan was always challenging, but
considering the economy and Village's current fiscal problems it was a major
challenge to find a balance of what was affordable to the Village, but also fair to
employees.
He stated that the plan consisted of a 2% cost of living adjustment, the possibility
of a merit increase up to 3% for employees moving through grade, longevity pay
and implementing policy changes for employee vacancies.
He explained that 36% of staff was not represented and that the merit increase
applied only to them and only if they perform at or above what is expected of
them. The merit portion is a reduction of what it had been in prior years.
Assistant Village Manager Wing also highlighted the manner in which staff
developed comparisons. He indicated that comparable municipalities offered cost
of living increases ranging between 2% and 4.7% for 2008 -2009 fiscal year.
Those few municipalities that had the same fiscal year averaged at 2.89 %.
VILLAGE OF OAK BROOK Minutes Page 13 of 21 REGULAR MEETING OF
JANUARY 27, 2009
9. B. 1) Motion by Trustee Wolin, seconded by Trustee Manofsky, for passage of
Ordinance S -1250, An Ordinance Approving the 2009 Salary Plan and Salary
Administration Policy for Non - Represented Employees of the Village Of Oak
Brook, Illinois. ROLL CALL VOTE:
r
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
C. AWARD OF CONTRACTS
1) LANDSCAPE MAINTENANCE SERVICES
The three -year contract with Classic Landscape, LTD., for landscape maintenance
services expired at the end of 2008. Services provided by Classic include grass
mowing, weeding, fertilization, weed control, light pruning, and plant bed
cultivation for the Butler Government Center Complex, Public Works Building,
Fire Station 2, Water Pump Stations and Reservoirs, Salt Creek mowing and
various medians and parkways throughout the Village. Also included is the
maintenance of various County rights -of -way wherein we receive reimbursement
under an Intergovernmental Agreement with the County. Additionally, we mow
certain State rights -of -way, namely the grassy infields at Rt. 83 and 31s' Street,
where there is no State reimbursement program. The Oak Brook Public Library
will continue to have the Sports Core grounds crew maintain all their landscaping
needs.
The following table indicates the hourly, daily and /or unit rates which apply as a
part of the maintenance contract for extra work, special projects and emergencies
that may arise during the contract period and not otherwise provided, used only
after prior Village approval for each job:
Hourly Rates — Personnel
2009
2010
2011
Labor with hand tools
$30.00
$30.00
$30.00
Labor with power tools
$35.00
$35.00
$35.00
Supervisor
$80.00
$80.00
$80.00
Miscellaneous Rates
Sod installed per yard (on
unprepared ground)
$8.00
$8.00
$8.00
Sod installed per yard (on
prepared ground)
$5.00
$5.00
$5.00
Mowing one acre vacant lot
$50.00
$50.00
$50.00
Pursuant to an authorization to negotiate a new contract, the Department of Public
Works negotiated pricing for a new contract which is 4% higher than the previous
3 year contract price. The negotiation also defined costs per specific items of
VILLAGE OF OAK BROOK Minutes Page 14 of 21 REGULAR MEETING OF
JANUARY 27, 2009
9. C. 1) work and "time and materials" pricing. The contractor also defined potential fuel
surcharges (5% if the price of gasoline exceeds $3 per gallon). The contract will
be for a three -year period and have standard cancellation language with the ability
to renegotiate specific pricing if additions or deletions are implemented during the
term of the contract.
Motion by Trustee Wolin, seconded by Trustee Sanford, that the Village Board
award a three -year contract, subject to staff review, to Classic Landscape Ltd.,
West Chicago, Illinois for Village -wide landscape maintenance services at an
annual cost not to exceed $87,973. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
D. JORIE BOULEVARD LOCAL AGENCY PAVEMENT PRESERVATION (LAPP)
APPLICATION
At the Village Board meeting of August 9, 2005, the Board authorized staff to apply
for a LAPP Grant for Jorie Boulevard. The 10 -Year Roadway Maintenance Plan had
Jorie being resurfaced in 2009, but it was postponed until 2010 since the Village did
not do any paving in 2008 and all plans were moved back one year. The grant
provides 70% funding with the Village providing 30% of the cost. The engineer's
construction estimate was about $1,000,000 for 2009. Staff applied for the grant and,
on November 17, 2005, received confirmation that it had been approved.
In early 2008, the Board approved a contract with James J. Benes and Associates,
Inc., to design the project. On July 29, 2008, preliminary plans were forwarded to
IDOT for review and comments to which IDOT replied on September 26th. IDOT's
comments required several design changes (apparently different IDOT personnel
have different design requirements). Staff finally had a meeting with IDOT on
January 6, 2009 to define the current requirements and also were told that the original
grant applications were lost. The "Local Agency Pavement Preservation (LAPP)
Approval" form has been revised to meet the current requirements.
The project is currently scheduled for a bid opening by IDOT on January 15, 2010.
The 2010 Budget will contain appropriate funding.
Motion by Trustee Wolin, seconded by Trustee Manofsky, that the Village Board
authorize the Village President to sign the revised Local Agency Pavement
Preservation (LAPP) Grant for Jorie Blvd. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 15 of 21 REGULAR MEETING OF
JANUARY 27, 2009
Q
10.
E. UPDATE ON FRIARY
The Village has decided not to move forward with any further discussions on the
purchase of the Friary property. The Board appreciated the input received from the
public on this matter. During a time of economic uncertainty, it would be very
difficult for the Village to afford to purchase a large piece of property such as this.
We have had to eliminate several positions in the 2009 village budget and none of us
can fully predict what will happen to Village revenues in 2009 with today's economy.
NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE G -881, AN ORDINANCE INCREASING THE ANNUAL
LICENSE FEE FOR LIQUOR LICENSES AND AMENDING SECTION 4 -1 -8
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
Liquor License Fees have not been increased since 1996. During budget
discussions a survey was done to determine comparative fees for local
municipalities. It is difficult to be assured that the comparisons are 100% accurate
due to the fact that classifications vary and frequently the definitions for the
classifications are not exactly the same. However, similar classifications shown
on the survey that indicates that Oak Brook is slightly above the average in fees.
In addition, during the review of licenses in Oak Brook it was determined that the
number of licenses issued was somewhat inaccurate due to the fact that Macy's
discontinued the sale of liquor and those licenses were not decreased from the
table. During a previous review and correction an additional B license had been
listed that cannot be accounted for: Therefore this ordinance also corrects the
number of licenses to reflect these changes.
It is recommended that the Board approve increasing Liquor License fees by 10%
which would raise approximately $12,000.00 in revenues and still maintain a
competitive license fee. In addition, it is recommended that the number of liquor
licenses be corrected.
Motion by Trustee Manofsky, seconded by Trustee Sanford, passage of
Ordinance G -881, An Ordinance Increasing the Annual License Fee for Liquor
Licenses and Amending Section 4 -1 -8 of the Village Code of the Village of Oak
Brook ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 16 of 21 REGULAR MEETING OF
JANUARY 27, 2009
10. 2) ORDINANCE S -1252, AN ORDINANCE ADOPTING A REVISION OF THE
GENERAL POLICY FOR THE OAK BROOK PUBLIC LIBRARY
This policy is the basis for the operation and services offered by the Oak Brook
Public Library. It is reviewed and/or revised biennially by the Library Director,
Library staff and the Library Commission. The revisions here proposed are
revisions in the section pertaining to fees and fines, adding video game items for
rental and increasing the borrowing fee for DVDs, videos and video games to $2.
We feel this is a fair price for a week's rental and will increase revenues
generated by the library that were down in 2008.
Motion by Trustee Saiyed, seconded by Trustee Manofsky, for passage of
Ordinance S -1252, An Ordinance Adopting a Revision to the General Policy for
the Oak Brook Public Library. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
3) ORDINANCE G -880, AN ORDINANCE INCREASING THE ELECTRICITY
TAX AND AMENDING CHAPTER 4 OF TITLE 5 OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES
This item was removed from the Agenda awaiting information from
Commonwealth Edison
C. AWARD OF CONTRACTS
1) POLICE DEPARTMENT UNIFORMS AND EQUIPMENT
Kale Uniforms has agreed to again honor 2008 prices for police uniforms and
equipment for 2009. Kale has been the sole supplier of uniforms and equipment
for the Police Department for the past 10 years. The Police Department has built
a great working relationship with Kale and the service is outstanding. By
remaining with Kale Uniforms, uniformity and quality in the uniforms and
equipment that are issued to Village officers is maintained.
The last time the Village went out to bid for police uniforms and equipment was
2003. Kale Uniforms was the only bidder that submitted a responsive bid to our
specifications. The second company that submitted a bid, Ray O'Herron, did not
meet our specifications. Staff is unaware of any other supplier in the area that
carries Oak Brook's police uniform specifications.
This contract will operate as a requirements contract. Orders will be placed when
VILLAGE OF OAK BROOK Minutes Page 17 of 21 REGULAR MEETING OF
JANUARY 27, 2009
10. C. 1) and if the Police Department has such needs. There is no requirement that the
Village purchase a set quantity (we retain the right to either increase or decrease
quantities at our sole option). We also have the option to purchase the police
equipment through other sources in cases of emergency, if needed sooner than it
can be supplied by Kale Uniforms.
This item was brought before the Board on March 8, 2005 and it was suggested
by Trustee Yusuf that we look into Ray O'Herron's prices. This was done and
the results were that Kale Uniforms was still less in price by over $1,000.00.
They also do not carry all of the specified items (as Kale does) which would
require officers to visit both suppliers when being outfitted.
Trustee Saiyed suggested that Chief Sheahan contact Kale Uniforms to see if they
would guarantee the price for two years.
Motion by Trustee Saiyed, seconded by Trustee Sanford, that the Village Board
waive bidding, due to sole source, and award a requirements contract for Police
Uniforms and Equipment to Kale Uniforms Inc, 4813 N. Milwaukee, Chicago,
Illinois 60630. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
2) PLOW /DUMP TRUCK REPLACEMENT — UNIT 505
The truck being replaced is Unit #505, a 1993 6x4 Plow /Dump Truck used by the
Public Works Department. Unit #505 has been in service since 1992 and is no
longer economically serviceable. It has become very costly to keep operational
and parts are hard to find. This replacement has been deferred for the past three
years.
When looking for vehicles, we first explore what vehicles have already been bid,
through either the State of Illinois or Suburban Purchasing Cooperative (they
have much more purchasing power than we do, and can usually get a better
price). Pursuant to the provisions of Section 1 -7 -10 of the Code of Ordinances
and Illinois Compiled Statutes, the Village is permitted to join with other
governmental units in order to benefit from cooperative purchasing arrangements.
Pricing was received through a bid conducted by the State of Illinois.
The entire project consists of Prairie /Archway International Trucks supplying the
truck cab and chassis, and will deliver it to Monroe Truck Equipment in Joliet.
Monroe supplies and installs the following equipment onto the chassis:
VILLAGE OF OAK BROOK Minutes Page 18 of 21 REGULAR MEETING OF
JANUARY 27, 2009
10. C. 2)
• Dump body
• Snow plow and Scraper
• Salt spreader and spinner
• Hydraulic system and controls
• Pre- wetting system
• Warning lights
Additionally a new two -way radio will be purchased and installed by the Village
Mechanic at a cost of $800. The total equipment replacement cost for this vehicle
will be $152,622.
The vehicle being replaced will be sold through the annual DuPage Mayors &
Managers Conference Vehicle Auction or through the State of Illinois iBid
Program (an ordinance to declare it surplus will be presented prior).
Monroe then paints the dump body and delivers the finished truck to the Village.
Delivery is expected approximately 30 days after receipt of the truck cab and
chassis.
Motion by Trustee Wolin, seconded by Trustee Sanford, that the Village Board
waive further bidding since The State of Illinois, Central Management Services
already conducted the bid process and issue a purchase order to Prairie /Archway
International Trucks, Springfield, Illinois for one 2009 International Model 7400,
w /Dump Bed in the amount of $151,822. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
3) UTILITY LOCATOR VEHICLE REPLACEMENT — UNIT 606
The truck being replaced is Unit #606, a 1994 Jeep Cherokee with 103,000 miles,
and is no longer economically serviceable. When looking for replacement
vehicles, we first explore what vehicles have been bid through either the State of
Illinois or Suburban Purchasing Cooperative (they have much more purchasing
power than we do, and can usually get a better price). Pursuant to the provisions
of Section 1 -7 -10 of the Code of Ordinances and Illinois Compiled Statutes, the
Village is permitted to join with other governmental units in order to benefit from
cooperative purchasing arrangements. The pricing was received through a bid
conducted by the State of Illinois.
Additionally a new two -way radio, safety warning lights, and pick -up bed cover
will be purchased and installed by the Village Mechanic at a cost of $4,520. The
total Equipment Replacement Cost for this vehicle will be $22,808.
VILLAGE OF OAK BROOK Minutes Page 19 of 21 REGULAR MEETING OF
JANUARY 27, 2009
10. C. 3) Motion by Trustee Wolin, seconded by Trustee Sanford, that the Village Board
waive further bidding since the Suburban Purchasing Cooperative already
conducted the bid process and issue a purchase order to Landmark Ford Inc.,
Springfield, Illinois for one 2009 Ford Ranger XL 4x4 Supercab Pick -up in the
amount of $18,288 and a new two -way radio, safety warning lights, and pick -up
bed cover will be purchased at a cost of $4,520. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
4) GOLF COURSE MAINTENANCE SKID STEER LOADER REPLACEMENT
The Skid -Steer Loader being replaced is Unit #D54, a 1997 Bobcat 773 with
attachment that is used by the Golf Maintenance Department. It is used for
loading, trenching, snow plowing and pallet work. The engine is under powered
and can no longer handle the work load and anticipated repairs are the reasons for
this replacement. The Skid -Steer Loader is essential to the efficient operation of
the Golf Maintenance Department. There will be no other charges associated
with this vehicle to increase the recommended awarded amount.
When looking for vehicles, staff first explores what vehicles have already been
bid, through either the State of Illinois or Suburban Purchasing Cooperative (they
have much more purchasing power than we do, and can usually get a better
price). Pursuant to the provisions of Section 1 -7 -10 of the Code of Ordinances
and Illinois Compiled Statutes, the Village is permitted to join with other
governmental units in order to benefit from cooperative purchasing arrangements.
The pricing received was through a bid conducted by the State of Illinois.
Delivery is expected approximately 30 - 45 days after receipt of order.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, that the Village
Board waive further bidding since the State of Illinois, Central Management
Services already conducted the bid process and issue a purchase order to Atlas
Bobcat, West Chicago, Illinois, for one 2009 S300 Bobcat Skid -Steer Loader for
a net amount, after trade -in, of $30,829. ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson Motion carried.
11. INFORMATION & UPDATES
B. VILLAGE MANAGER — None presented.
C. VILLAGE CLERK — Clerk Pruss reminded residents about the ornaments
commemorating the Village's 50'' anniversary that are for sale. She also provided
information regarding voter registration.
VILLAGE OF OAK BROOK Minutes Page 20 of 21 REGULAR MEETING OF
JANUARY 27, 2009
11. A. VILLAGE PRESIDENT — President Craig commented on the DHA issue.
12. ADJOURN TO CLOSED MEETING to complete the business begun at the first Closed
Meeting to discuss the setting of a price for sale or lease of property owned by the public
body (2c6), to discuss collective negotiating matters between the public body and its
employees or their representatives, or deliberations concerning salary schedules for one or
more classes of employees (2c2), 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) and
to consider the appointment, employment, compensation, discipline, performance, or
dismissal of specific employees of the public body or legal counsel for the public body,
including hearing testimony on a complaint lodged against an employee of the public
body or against legal counsel for the public body to determine its validity (2c 1).
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to Adjourn to and
Reconvene Closed Meeting to discuss the setting of a price for sale or lease of property
owned by the public body, to discuss collective negotiating matters between the public
body and its employees or their representatives, or deliberations concerning salary
schedules for one or more classes of employees, 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 and to consider the appointment, employment, compensation, discipline,
performance, or dismissal of specific employees of the public body or legal counsel for
the public body, including hearing testimony on a complaint lodged against an employee
of the public body or against legal counsel for the public body to determine its validity.
ROLL CALL VOTE:
Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
13. ADJOURNMENT
Motion by Trustee Sanford, seconded by Trustee Manofsky, to adjourn the Regular
Meeting of the Board of Trustees at 9:45 p.m. VOICE VOTE: Motion carried.
ATTEST:
N"Wedxl"��
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 21 of 21 REGULAR MEETING OF
JANUARY 27, 2009