Minutes - 02/12/2008 - Board of TrusteesMINUTES OF THE FEBRUARY 12, 2008 REGULAR MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
APRIL 8, 2008.
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:33 p.m.
The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy,
Kathryn F. Manofsky, Moin Saiyed and Gerald Wolin.
ABSENT: Trustee Robert G. Sanford.
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; Stephen Larson, Deputy
Police Chief; Michael J. Meranda, Public Works Director; Nelson Patras,
Bath & Tennis Club Operations Manager and Trey VanDyke, Golf Club
Manager.
3. PRESIDENT'S OPENING COMMENTS
A. 50th Anniversary Proclamation
President Craig read a Proclamation regarding the 50th Anniversary.
4. RESIDENT /VISITOR COMMENT
Resident Nancy Salazar with her attorney Richard Heidecke addressed the Board
regarding the fact that Mrs. Salazar's property apparently is part of the Thurston
Cemetery. There was a request that the Board of Trustees consider assistance to the
landowner in the appropriate reconciliation of the situation.
Trustee Manofsky commented that information had been provided to the Board regarding
a contact with a Village Attorney who had responded on behalf of the Village. She added
that the Board was completely unaware of that communication and asked for copies of
that communication.
VILLAGE OF OAK BROOK Minutes Page 1 of 16 FEBRUARY 12, 2008
4. President Craig suggested forming a committee which included the Village Manager,
David Niemeyer, the Village Attorney, Mark Sterk and two trustees. Trustees Manofsky
and Wolin volunteered.
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.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING FEBRUARY 8, 2008 -
$1,268,701.28
Significant Items included in Above:
1) Reliable Fire Equipment Co. - Payout #2 - Old Butler School Fire Suppression
System - $6,630.00
2) Dixon Engineering, Inc. - Payout # 7 - Elevated Water Storage Tank
Repair /Painting - $1,210.00
3) Kubiesa, Spiroff, Gosselar, Acker & Kern - December, 2007 Legal Services -
$6,869.00
4) Advantage Reporting Services - January 14, 2008 Services - $167.95
5) Columbia Telecommunications Corporation - Federal Signal Public Safety WI -Fi
Proposal - $4,900.00
6) Odelson & Sterk, LTD. - December 2007 Legal Services - $27,950.56
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JANUARY 26, 2008 -
$636,867.45
C. COMMUNITY DEVELOPMENT REFERRALS — None presented.
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) MOSQUITO ABATEMENT SERVICES
The Village's present one -year contract with Clarke Environmental Mosquito
Management, Inc. has expired. To insure adequate time for specification
preparation, advertisement for bid and award of contract, staff is requesting
authorization to prepare specifications and obtain competitive bids for said
services for the upcoming mosquito season as well as for 2009 and 2010.
For the past eighteen plus years, the Village has requested that competitive bids
be waived as Clarke was the sole area provider for this service. Last year, another
VILLAGE OF OAK BROOK Minutes Page 2 of 16 FEBRUARY 12, 2008
6. D. 1) company entered the market and submitted a bid. Knowing this in advance, the
contract term was purposely reduced to one -year from three thinking that if the
new company were awarded the contract, a company the Village has never dealt
with, the Village would have a year to evaluate their services and see if they met
our expectations. However, as Clarke's bid prevailed, being the less expensive of
the two, the reduction in the contract term to one -year turned out to be somewhat
valueless. Now, with no firm commitment that the other vendor will bid, if in fact
they are still doing business in the area, it is recommended to return to a three -
year contract term. Furthermore, specific contract provisions will be included
that will allow the Village, if practicable, to conduct certain services (treatment of
street drains for one), in -house with the intent of reducing over -all costs.
The requested action was that staff be authorized to prepare specifications and
obtain competitive bids for a 3 -year, Village -wide mosquito abatement service
contract.
2) PULLING, INSPECTION, REPAIR AND REINSTALLATION OF PUMP AND
MOTOR UNITS AT WELLS #5 & 6
Wells No. 5 and 6 are two of the Village's three deep wells that are maintained in
an emergency status in the event of water service interruption from the DuPage
Water Commission (DWC). As reliable as DWG's supply has been, there is
always the possibility that said service could be interrupted due to mechanical
failure(s) or some other man -made event. If this were to occur, we would utilize
these wells to provide a safe and sufficient supply to our customers until service
is restored.
As it is unknown exactly what repairs are needed until the submersible
pump /motor assembly and associated column pipe are pulled from the well bore
hole, the specifications will contain a "Schedule of Prices" to encompass the
most common types of repairs and the necessary work to accomplish the pulling,
inspection and reinstallation.
Therefore, to insure that this alternate source of potable water is readily
available, the Village has included in FY -08 and our Five -Year Financial Plan,
funds for periodic inspections. As these wells are only operated on a quarterly
basis to obtain water samples for testing, this type of "pull and inspect"
undertaking is only needed every 10 years or so. Note, at this writing, Well No.
6 is inoperable. Based upon a preliminary assessment, the high - voltage power
cable might have a fault (short) in it.
The requested action was that staff be authorized to prepare specifications and
obtain competitive bids for the pulling, inspection, repair, and reinstallation of
the pump and motor units at Well No. 5 and Well No. 6.
VILLAGE OF OAK BROOK Minutes Page 3 of 16 FEBRUARY 12, 2008
6. E. BUDGET ADJUSTMENTS — None presented.
F. RESOLUTION R -1006, A RESOLUTION- ADOPTING THE 2008 LEGISLATIVE
POSITIONS OF THE DUPAGE MAYORS AND MANAGERS CONFERENCE -
Removed
G. 2007 PAVING PROJECT - CHANGE ORDER NUMBER 1 - FINAL BALANCING
Change Order No. 1 is final balancing change order depicting all of the as -built
quantities and extra charges. The Change Order No. 1 lists the quantity increases and
decreases as well as items X1 — X4 which are extra work items added to the contract
as explained as follows:
X1 — PCC shoulder crack seal removal — extra work required to remove rubber
mastic crack seal from front edge of shoulder. $7,351.70
X2 — Sodding, adjusted — Revised sodding unit price due to a significant reduction in
quantity. $1,738.00
X3 — Concrete QC inspection — Reimbursement to contractor to provide Quality
Control material testing of concrete. $3,462.15
X4 — Oil spill containment booms & pump filter bag — Items provided for water
pollution containment as required by COE. $2,079.45
The requested action was that the Village Board approve Change Order No. 1 (Final
Balancing) which decreases the contract amount by $35,868.79 and determine that the
circumstances necessitating the change order were not reasonably foreseeable at the
time the contract was signed, that this change order is in the best interest of the Village
and is authorized by law.
H. RELEASE OF 2007 FOURTH QUARTER HOTEL TAX RECEIPTS TO DUPAGE
CONVENTION & VISITORS BUREAU - $23,626.44
The Oak Brook Hotel, Convention and Visitors Committee, by a poll of the
Committee members on February 5, 2008, recommended that $23,646.44 be released
to the DuPage Convention & Visitors Bureau. This amount represents 20% of 1 % of
the 2007 fourth quarter hotel tax receipts.
The requested action was That the Village Board authorize the release of 20% of 1%
of the 2007 fourth quarter hotel tax receipts to the DuPage Convention & Visitors
Bureau in the amount of $23,626.44, as recommended by the Oak Brook Hotel,
Convention and Visitors Committee.
VILLAGE OF OAK BROOK Minutes Page 4 of 16 FEBRUARY 12, 2008
6. President Craig asked whether any Board Member wished to have any item removed from
the Consent Agenda. Trustee Kennedy responded that he would like to have Agenda Item
61. removed.
Motion by Trustee Carson, seconded by Trustee Saiyed, to approve the Consent Agenda
and authorize expenditures as presented or amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Sanford. Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA
6. F. RESOLUTION R -1006, A RESOLUTION ADOPTING THE 2008 LEGISLATIVE
POSITIONS OF THE DUPAGE MAYORS AND MANAGERS CONFERENCE.
The Village had in the past adopted the legislative positions of the DuPage Mayors
and Managers Conference and the Illinois Municipal League (as expressed in their
respective legislative programs and in other legislative positions taken in the course
of the legislative session) as Village policy through adoption of formal resolutions to
that effect.
The motivation for this step was to provide guidance and clarity in those instances
when professional municipal employee associations, (e.g., fire chiefs, police chiefs,
public works) to which our Department Directors belong, adopt positions on
legislation that are contrary to the positions taken by the municipal associations
(e.g., DMMC and IML) to which their employer belongs. Although not a frequent
occurrence, these situations do arise from time to time. Additionally, by adopting
these positions, our area Legislators have knowledge as to where Oak Brook stands
on these matters.
Trustee Kennedy noted that a portion of the position paper was to support a bill in
the Illinois Senate that would adopt the streamlined sales tax project. He added that
as currently proposed it would make a major change in distribution of sales tax
revenues. Currently sales tax revenue goes to the municipality where the item is
sold. The change would distribute the sales tax revenue to the point of delivery.
His concern was that this would have a major negative impact on the Village of
Oak Brook.
Trustee Kennedy indicated that Trustee Wolin and he had met with the sponsor of
the bill Senator Cronin. Senator Cronin did not understand the implications for Oak
Brook. They also met with the President of the Illinois Retail Merchant's
Association and they convinced them that it would have a terribly negative impact
on Oak Brook. He felt that the Board could not adopt the legislative positions of
the DuPage Mayors and Managers Conference without some qualifications.
VILLAGE OF OAK BROOK Minutes Page 5 of 16 FEBRUARY 12, 2008
7. 6. F. Trustee Kennedy recommended an amendment to Resolution R -1006 in Section 2
to add: "except that the Village of Oak Brook supports the streamlined sales tax SB
1429 only if origin sourcing applies to intrastate sales."
Further discussion ensued explaining specifics of the issues. Trustee Kennedy did
some analysis and estimated that the loss of revenues to the Village of Oak Brook
would be between 2.5 and 4 million dollars a year.
Motion by Trustee Kennedy, seconded by Trustee Wolin, for passage of Resolution
R -1006, A Resolution Adopting the 2008 Legislative Positions of the DuPage
Mayors and Managers Conference as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Sanford. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS
A. DANA PARK RESUBDIVISION - 3111 - 3115 CARA LANE - FINAL PLAT - 5
LOT SUBDIVISION WITH VARIATIONS
At its meeting on January 21, 2008 the Plan Commission reviewed an application
from Mr. Frank Drukas, the owner of 3.54 acres at 3111, 3113 and 3115 Cara Lane
seeking approval of a six -lot subdivision for the property currently known as the
Dana Park Subdivision, which contains three lots for new homes and one lot for the
private street Cara Lane.
The applicant is submitting this request for a revised final plat based on the recent
Village Board approval of a map amendment which rezoned the property from R -2
to R -3 as well as several variations to permit 30 foot front yards and a 30 foot side
yard abutting Meyers Road. The Dana Park Resubdivision will contain five lots for
new homes and one lot for the private street Cara Lane.
All previously approved variations and waivers will also carry -over to this request
and include: a waiver to the requirement for sidewalks; a variation to permit a
private street and to allow a reduced right of way width to 45 feet; and that a
variation be granted to Section 14 -6 -213 of the Subdivision Regulations based on the
Village Board approval of a variation to the Zoning Ordinance to permit the 30 foot
front yards and the side yard abutting a street.
By a vote of 7 to 0, the Plan Commission recommended approval of the request for a
six -lot final plat of subdivision for the property, known as Dana Park Resubdivision
located at 3111 -3115 Cara Lane, subject to the following conditions:
1. Per Section 14 -6 -3E, reaffirm the waiver to the requirement to construct
sidewalks (previously approved in the Dana Park Subdivision);
VILLAGE OF OAK BROOK Minutes Page 6 of 16 FEBRUARY 12, 2008
8.A. 2. Per Section 14 -6 -3, reaffirm the variation to the requirement to allow private
streets and the reduction of the right of way width to 45 feet (previously approved
in the Dana Park Subdivision);
3. Approval of the Plat of Vacation regarding certain detention and drainage and
flood plain easements (previously approved in the Dana Park Subdivision);
4. Per Section 14 -6 -213, grant the requested variation to allow the reduced front and
side yard abutting a street as was previously approved by the Village Board; and
5. Final Engineering Approval.
Trustee Carson asked that all documents clearly specify that it is a six lot subdivision
with one lot specifically used for a private street.
Trustee Kennedy stated that during a previous approval process for a different
configuration there was a condition that the Village would grant an easement to the
property owner for the installation of a storm sewer and the owner would pay the
Village $15,000. He indicated that he did not see that condition as part of this
recommendation. It was confirmed that the condition was completed..
Motion by Trustee Wolin, seconded by Trustee Kennedy, to concur with the
recommendation from the Plan Commission for approval of the requested six -lot final
plat of subdivision for the property commonly known as the Dana Park Resubdivision
and authorize the Village Attorney to draft the necessary resolution for final
consideration at the February 26, 2008 Board of Trustees meeting. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Sanford. Motion carried.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS — None presented.
C. AWARD OF CONTRACTS
1) NORTH YORK ROAD FEASIBILITY STUDY
A, Committee of Trustees Kennedy and Wolin: Harry Peters, Forest Glen
Homeowners' Association; Dave Niemeyer, Village Manager: Bob Kallien,
I
Community Development Director and Dale Durfey, Village Engineer have been
negotiating with Civiltech Engineering, Inc. in order to define a Scope of Services
to analyze various traffic aspects of North York Road. Those negotiations have
culminated in a draft contract. A key concern is identifying traffic solutions that
would be acceptable to IDOT, since IDOT controls York Road north of Harger.
VILLAGE OF OAK BROOK Minutes Page 7 of 16 FEBRUARY 12, 2008
9. C. 1) Trustee Kennedy pointed out that the contract needed revisions since there were
goals set forth which have already asked.
g Yp
Trustee Carson asked whether the intersection of Cermak and York road had been
considered as part of the study. Village Engineer and Trustee Wolin responded
that the original concerns had been in the North York area and that area was not
brought forth. Trustee Kennedy indicated that in connection with the John Buck
development that particular area had been studied and was considered a very
efficient intersection.
Motion by Trustee Wolin, seconded by Trustee Kennedy, move that the Village
Board approve the Engineering Services Agreement for the North York Road
Feasibility Study with Civiltech Engineering Inc. for the not -to- exceed amount of
$48,170.00. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
2) JORIE BOULEVARD DESIGN LAPP PROJECT
At the November 13, 2007 Village Board meeting, the Board authorized staff to
negotiate a contract with James J. Benes & Associates, Inc. for Professional
Engineering Design Services regarding the Jorie Boulevard LAPP Project. This
agreement utilizes the Village's standard boilerplate contract language.
Appendices I, II and III relate to the specifics of this project.
The $2,631 amount will be covered from other projects within the Budget.
Motion by Trustee Wolin, seconded by Trustee Kennedy, that the Village Board
approve the Engineering Services Agreement with James J. Benes & Associates,
Inc. for Professional Engineering Design Services regarding the Jorie Boulevard
LAPP Project in the not -to- exceed amount of$32,631. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
D. REVIEW OF PROPOSED ETHICS ORDINANCE CHANGES
President Craig stated that he had asked Trustees Manofsky and Wolin along with
Manager Niemeyer, Assistant Manager Wing and Village Attorney Mark Sterk to
review our ethics ordinance and present a new ordinance. He added that during their
review of other municipalities' ordinances the committee discovered that Oak
Brook's ordinance does not address issues that other ordinances do and he asked the
committee to spend more time reviewing and including all issues set forth.
VILLAGE OF OAK BROOK Minutes Page 8 of 16 FEBRUARY 12, 2008
9. D. Trustee Manofsky specified that the committee had met and that the goal of the
committee was to discuss the scope of an ordinance in order to present a
comprehensive ordinance.
Several items that came from that discussion included:
Establish the position of Ethics Advisor who will serve as initial contact for
complaints and questions.
Look at the Gift Ban Act.
Prohibited Political Activities
i Pre and post employment restrictions on doing business with the village
Restrictions on outside employment
Financial disclosure requirements similar to state and county disclosure rules
r Conflict of interest
Trustee Manofsky indicated that at this time the Board could do open discussion on
this topic, or have members absorb and think about these topics and provide their
input to either Manager Niemeyer or Attorney Sterk.
She added that the committee would meet within the next couple of weeks to discuss
these issues and include input.
Trustee Saiyed added that there were internet ethic training programs that should be
a part of this ordinance. Trustee Manofsky responded that each employee would be
required to sign off on the ordinance indicating that they understood it and ethic
training programs could be a part of that.
i 10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) ZONING BOARD OF APPEALS
The Oak Brook Zoning Board of Appeals is comprised of seven (7) members.
Each Commissioner serves for a term of five years. President Craig
recommended the reappointment of Jeffrey Bulin and the appointment of Joseph
Rush and Wayne Ziemer to the Oak Brook Zoning Board of Appeals.
VILLAGE OF OAK BROOK Minutes Page 9 of 16 FEBRUARY 12, 2008
i
10. A. 1) Motion by Trustee Kennedy, seconded by Trustee Carson, to confirm the
recommendation of President Craig to reappoint Jeffrey Bulin for a term to expire
in November, 20012 and to appoint Joseph Rush and Wayne Ziemer for terms to
expire in November, 2011 to the Oak Brook Zoning Board of Appeals. VOICE
VOTE: Motion carried.
2) AUTUMN FESTIVAL COMMITTEE
The Oak Brook Autumn Festival Committee is comprised of seven (7) members.
Each Commissioner serves for a term of one year.
President Craig recommended the appointment of Iolanda Castellan, Anthony
Chiarito and Vieva Villegas to the Oak Brook Autumn Festival Committee for a
term to expire in February of 2009.
Motion by Trustee Kennedy, seconded by Trustee Carson, to confirm President
Craig's recommendation to appoint Iolanda Castellan, Anthony Chiarito and
Vieva Villegas to the Oak Brook Autumn Fesitval Committee for terms to expire
in February, 2009. VOICE VOTE: Motion carried.
B. ORDINANCES & RESOLUTIONS — None presented.
C. AWARD OF CONTRACTS
1) POLICE DEPARTMENT UNIFORMS AND EQUIPMENT
Kale Uniforms has agreed to again honor 2007 prices for police uniforms and
equipment for 2008. Kale has been the sole supplier of uniforms and equipment
for the Police Department for the past nine years. The Police Department has
built a great working relationship with Kales and the service is outstanding. By
remaining with Kale Uniforms, we maintain uniformity and quality in the
uniforms and equipment that are issued to Village officers.
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 was 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
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.
VILLAGE OF OAK BROOK Minutes Page 10 of 16 FEBRUARY 12, 2008
10. C. 1) 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 our specified items (like Kale does) which would
require officers to visit both suppliers when being outfitted.
Motion by Trustee Saiyed, seconded by Trustee Manofsky, that the Village board
waive bidding, due to sole source, and award a requirements contract for Police
Uniforms and Equipment to Kale Uniforms Inc, 1233 West Monroe Street,
Chicago, Illinois 60607. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
2) SUNGARD PENTAMATION - ANNUAL FINANCIAL SOFTWARE
MAINTENANCE
The Village is in the process of migrating the financial software from
Pentamation to MUNIS. Pentamation will be kept running for approximately 1
year following the cut -over for each software module (standard practice - so that
if we need to reference the Pentamation system, to compare to MUNIS, the
software is fully licensed and supported). We have been able to reduce the annual
cost for 2008 by 5% (the maintenance of a few software custom modifications is
no longer needed).
Trustee Carson asked for clarification of what the maintenance fee included.
Purchasing Director Bruce Kapff responded and specified the need for
maintaining this software.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, 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 $28,265.95, subject to staff review. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
D. HARGER ROAD /TUSCAN WOODS DRAINAGE AGREEMENT
A drainage problem exists within the roadside swale on the north side of Harger
Road, east of the Yorkshire Woods stop sign, and across the street from the Tuscan
Woods Subdivision. The swale is relatively flat and holds water for significant
periods of time. It was placed on the Engineering Department's Drainage Problem
Inventory (DPI) in September, 2006. With no drainage projects accomplished in
VILLAGE OF OAK BROOK Minutes Page 11 of 16 FEBRUARY 12, 2008
10. D. 2007 due to funding, the list has grown to eight sites. Typically, the Village staff
reviews the DPI in the spring, prioritizes which projects get funding for that year,
design is accomplished throughout the summer, and the Village bids and builds the
projects that fall.
Tony Casaccio, the developer for the subdivision, has offered to design (plans were
submitted and approved by the Engineering Department) and build the storm sewer
this winter that is needed to fix the problem if he would be reimbursed by the Village.
Mr. Casaccio has acquired 2 bids, the lowest being $16,602.00.
Mr. Tom Brady, who resides at 18 Tuscan Court, believes the improper drainage on
the north side of Harger Road unusually restricts the flow from the detention basin in
his backyard. Based upon this belief, and being a responsive developer, Mr. Casaccio
has offered to front the money and build the project in the next couple of months
rather than wait to see if the Village would build it this fall.
The agreement states that the Village will reimburse Inland by January 31, 2009.
This date allows the payment to be within two budget years for the following reason:
If the project were to be prioritized high and accomplished this year, the Village
I
would pay for its construction this fall. If the project were not to be prioritized high,
it most likely would be prioritized and constructed in 2009.
Trustee Kennedy asked if the Village was additionally insured under the contract.
Village Engineer Durfey confirmed that it was as part of Village Code.
Motion by Trustee Wolin, seconded by Trustee Kennedy, that the Village Board
approve An Agreement Between the Village of Oak Brook and Inland Development
Management, L.L.C., an Illinois Limited Liability Company, Providing for the
Construction of a Storm Sewer in the Harger Road Right -of -Way to Aid Drainage for
the Tuscan Woods Subdivision in the Village of Oak Brook, Illinois ROLL CALL
VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
E. REGIONAL BIKE TRAIL - SALT CREEK GREENWAY TRAIL - IDOT JOINT
AGREEMENT AMENDMENT 91
At the Village Board meeting of July 12, 2005, the Board approved the "Local
Agency Agreement for Federal Participation" with IDOT (Joint Agreement)
regarding construction of the Salt Creek Greenway Trail and the Performance of
Phase 3 Engineering Services (copy attached). As you recall, this project is between
the Village of Oak Brook and five other agencies for that portion of the Salt Creek
VILLAGE OF OAK BROOK Minutes Page 12 of 16 FEBRUARY 12, 2008
10. E. Greenway Trail within DuPage County. Some of the funding is through an STP-
TCM Grant administered by IDOT. For this grant, a local municipal agency was
required; Addison was used for the north DuPage section and Oak Brook was used
for the south DuPage section.
As background, the Village Board approved the Third Supplemental Agreement
Concerning the Establishment of the Salt Creek Greenway Trail and the Performance
of Phase 3 Engineering Services on April 24, 2007. The Third Supplemental
Agreement essentially bundled the Addison grant into the Oak Brook grant. IDOT
subsequently awarded a contract to D Construction.
The Village Board then approved the First Amendment to the Third Supplemental
Agreement at its meeting of January 22, 2008 which allowed Addison to terminate
their Joint Agreement with IDOT, as requested by IDOT, and transfer their grant to
the south DuPage section.
IDOT now requires that the Joint Agreement be amended to account for the revised
dollar amounts with the bundling.
Please note that even though the Village is signing for the $973,000 local share of the
cost of construction and $37,600 local share of the engineering, the Third
Supplemental Agreement establishes that each of the six agencies will share the
various costs (Oak Brook paid its full share in 2007).
The status of this project is that construction has started with tree clearing and erosion
control measures being put in place in Villa Park and Elmhurst. The contractor is
working in a north to south direction and will be accomplishing his work in Oak
Brook as weather permits. We anticipate that this project will be completed by Labor
Day 2008.
Motion by Trustee Wolin, seconded by Trustee Saiyed, that the Village Board
approve the attached "Local Agency Amendment #1 for Federal Participation" with
IDOT (Joint Agreement Amendment) regarding construction of the Salt Creek
Greenway Trail and the performance of Phase 3 engineering services. ROLL CALL
VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Sanford. Motion carried.
F. REQUEST FOR QUALIFICATIONS - PROPOSED ZONING ORDINANCE
AMENDMENTS - PLANNED UNIT DEVELOPMENTS AND SIGNAGE
REGULATIONS
This request for Statement of Qualifications has been prepared by the Village of Oak
VILLAGE OF OAK BROOK Minutes Page 13 of 16 FEBRUARY 12, 2008
10. F. Brook in order to retain the services of a qualified and experienced consulting firm
for the preparation of key amendments to the Village's Zoning Ordinance in
anticipation to the implementation of its updated comprehensive plan.
Over the past 20 months, the Village has been involved in a commercial
revitalization planning program for its commercial and office areas; which are
located along and adjacent to 22"d Street and Butterfield Road. The bi- product of
this planning effort is the Commercial Areas Revitalization Plan which is now
before the Plan Commission for public hearing.
The Oak Brook Commercial Areas Revitalization Plan is the product of an eight -step
process that entailed: analyzing existing conditions; determining strengths,
weaknesses, issues and opportunities; preparing a detailed demographic and market
assessment; establishing a vision for the corridor along detailed goals and objectives;
developing plans and policies for land use, transportation and beautification;
developing detailed Subarea Plans; developing implementation strategies and action
necessary to transform the Plan from vision to reality; and, preparing this final
Commercial Areas Revitalization Plan report. Once the public hearing process is
completed, it is expected that the "Commercial Areas Revitalization Plan" will be
adopted by the Village Board as an addendum to its Comprehensive Plan.
One of the many recommendations coming out of this planning effort is the need to
update many of the Village's regulatory tools. Much of the current Zoning
Ordinance dates back to 1966. Because of that, the Plan identifies several priority
amendments that need to be made to facilitate implementation and include the 1.)
creation of Planned Unit Development regulations and, 2.) a comprehensive
"rewrite" of the signage regulations in order to implement the Plan.
Similar to the RFQ that was used to initiate the Commercial Areas Revitalization
Plan, this request for Statement of Qualifications has been prepared by the Village of
Oak Brook as a precursor to potentially retaining the services of a qualified and
experienced consulting firm(s) to work with the Commercial Revitalization
Taskforce and Staff in the preparation of amendments to the Zoning Ordinance.
This action to solicit request for qualifications will not involve the expenditure of
funds.
Motion by Trustee Kennedy, seconded by Trustee Carson, that Staff be authorized to
solicit a request for qualifications (RFQ's) with professional firms to develop
j comprehensive amendments to the Village's Zoning Ordinance which address the
issues of Planned Unit Developments and Signage. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Sanford. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 14 of 16 FEBRUARY 12, 2008
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT — President Craig asked Kathy Maher to comment on the
events scheduled for February 21St to celebrate the Village's 50th Anniversary. He
also commented on the terrible weather and asked that all residents drive carefully.
B. VILLAGE MANAGER — None presented.
C. VILLAGE CLERK — None presented.
12. ADJOURN TO CLOSED MEETING 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), 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 discuss minutes of meetings lawfully closed under the Open
Meetings Act, whether for the purpose of approval by the body of the minutes, or for
semi - annual review of the minutes as required by the Open Meetings Act (2c21)
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to adjourn to Closed
Meeting 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), 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 discuss minutes of
meetings lawfully closed under the Open Meetings Act, whether for the purpose of
approval by the body of the minutes, or for semi - annual review of the minutes as required
by the Open Meetings Act (2c21) at 8:28 p.m. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Sanford. Motion carried.
13. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Manofsky, to adjourn the Regular
Meeting of the Board of Trustees at 9:59 p.m. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 15 of 16 FEBRUARY 12, 2008
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 16 of 16 FEBRUARY 12, 2008