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Minutes - 03/27/2012 - Board of TrusteesMINUTES OF THE MARCH 27, 2012 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 10, 2012. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at 7:01 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal Lalmalani, Trustees Stelios Aktipis, Michael Manzo, Mark Moy, Gerald Wolin, Asif Yusuf, and Elaine Zannis. ABSENT: None. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Director of Community Development; Sharon Dangles, Finance Director; Tom McEllin, Fire Chief, Sue Madorin, Library Director; Mike Hullihan, Public Works Director; James Kruger, Police Chief; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. PRESIDENT'S OPENING COMMENTS President Lalmalani stated that he and Manager Niemeyer attended a dinner and dialog on the future public pensions with several other area mayors and community leaders. He stated the discussion highlighted how the pension situation in Illinois has become so dire that expenditures and programs are being diminished. He also stated that the Illinois Municipal Retirement Fund, which provides pensions for non public safety employees, is working well. President Lalmalani congratulated Firefighter Mark Bahnsen on his upcoming retirement. Mark has been with the Village since 1979, and held many positions. A reception honoring Mark will be held on Thursday, March 29th in the Board Room. President Lalmalani requested that the two chiefs prepare a letter about the DuComm transition that will take place on July 9th and post on the Village website. He also stated that residents can call the Village Hall with any questions they may have regarding the transition. President Lalmalani congratulated Trustee Zannis, on behalf of the entire Board, on her recent primary election to the DuPage County Board. She was the top vote getter which will place her on the ballot for the November election. VILLAGE OF OAK BROOK MINUTES Page 1 of 12 REGULAR MEETING OF MARCH 27, 2012 Trustee Aktipis also congratulated Trustee Zannis on her recent election victory. He stated that Trustee Zannis is a hard- worker and that she proved her campaigning skills. Trustee Zannis thanked everyone and stated she looks forward to representing Oak Brook on a county level. 4. RESIDENTNISITOR COMMENT Resident Al Knuth congratulated Trustee Zannis on her success as a Trustee and recent election win. Other residents and visitors who signed up to speak will do so during the agenda item. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF FEBRUARY 28, 2012 Motion by Trustee Moy, seconded by Trustee Aktipis to approve the Regular Board of Trustees Meeting of February 28, 2012. VOICE VOTE: Motion carried. B. SPECIAL BOARD OF TRUSTEES MEETING OF MARCH 8, 2012 Motion by Trustee Aktipis, seconded by Trustee Wolin to approve the Special Board of Trustees Meeting of March 8, 2012. VOICE VOTE: Motion carried. C. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 13, 2012 Motion by Trustee Moy, seconded by Trustee Yusuf to approve the Regular Board of Trustees Meeting of March 13, 2012. VOICE VOTE: Motion carried. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. 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 March 23, 2012 - $508,569.82 Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services — February, 2012 - $5,195.50 (FY12 — YTD - $8,546.75) 2) Rathje & Woodward, LLC — Legal Services — February, 2012 - $3,354.07 (FY12 — YTD - $6,690.37) 3) Hervas, Condon & Bersani, P.C. - Legal Services - February, 2012 - $1,230.94 (FY12 — YTD - $5,887.18) VILLAGE OF OAK BROOK MINUTES Page 2 of 12 REGULAR MEETING OF MARCH 27, 2012 4) Holland & Knight LLP — Legal Services — January, 2012 - $20,403.20 (FYI 2 — YTD - $20,403.20) 5) DuPage Water Commission - February, 2012 - $190,990.45 6) Christopher B. Burke — Payout #4 — 2012 Paving Project - $17,501.78 B. Approval of Payroll for Pay Period Ending March 17, 2012 - $648,686.25 C. Community Development Referrals — NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts - NONE E. Budget Adjustments - NONE F. Ordinances & Resolutions 1) ORDINANCE 2012 — LC -AL -G -967, 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 2) RESOLUTION 2012- ENG- CRKSL -AG -R -1168, A Resolution Approving and Authorizing the Execution of an Agreement for Crack Sealing Services By and Between the Village of Oak Brook and SKC Construction, Inc. 3) RESOLUTION 2012-SC-AG-EXI -R- 1169, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Eclipse Select Soccer Club, Inc. to Allow the Use of a Sports Core Soccer Field and Part of the Administration Building 4) ORDINANCE 2012 - VCODE - FOIA -G -968, An Ordinance Repealing Chapter 9 of Title 1 of the Village Code of the Village of Oak Brook, Illinois Regarding the Freedom of Information Act 5) RESOLUTION 2012- FOI- REGS -EXl -R -1166, A Resolution Adopting the Village of Oak Brook Rules and Regulations Implementing the Freedom of Information Act 6) RESOLUTION 2012- SC- B &T/P- AG -EXI -R -1170, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Jeff Ellis Management, LLC to Provide Management Services to the Sports Core Aquatic Center G. Award of Contract 1) Deicer Salt VILLAGE OF OAK BROOK MINUTES Page 3 of 12 REGULAR MEETING OF MARCH 27, 2012 H. Monthly Treasurer's Report — February 29, 2012 I. lululemon 5K Motion by Trustee Manzo, seconded by Trustee Wolin, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried 7. ITEMS REMOVED FROM CONSENT AGENDA 1) Item 6.A.4: Holland and Knight LLP — Legal Services — January 2012 — $20,403.20 Trustee Manzo stated that he would like to place on the next meeting a recommendation that Administration get Board approval prior to using an attorney whose fee is over $200 per hour. He then asked Attorney Friedman to explain the January 2012 bill. Attorney Friedman gave a brief overview of the Holland and Knight LLP January invoice. He stated the actual net of the bill is $15,000 since $5,000 will be reimbursed to the Village from Pinstripes, Inc. and The HUB Group as cash escrows. Motion by Trustee Manzo, seconded by Trustee Moy, to approve item 6.A.4. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried. 2) Item 6.F.3: RESOLUTION 2012- SC- AG -EXl -R -1169, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Eclipse Select Soccer Club, Inc. to Allow the Use of a Sports Core soccer Field and Part of the Administration Building Trustee Zannis reiterated that this agreement is being renewed only until November due to concerns of some Board members and citizens. She stated that conducting the Request for Proposal process in the middle of the soccer season would be very disruptive. She commended Sports Core Director VanDyke for wanting to conduct the REP process. She further stated the Board is doing what is in the best interest of the Village and its citizens. VILLAGE OF OAK BROOK MINUTES Page 4 of 12 REGULAR MEETING OF MARCH 27, 2012 Motion by Trustee Zannis, seconded by Trustee Wolin to approve item 6.F.3. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried. 3) Item 6.F.6: RESOLUTION 2012- SC- B &T/P- AG -EXl -R -1170, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Jeff Ellis Management, LLC to Provide Management Services to the Sports Core Aquatic Center Trustee Manzo asked for clarification of the waiver of bidding. Sports Core Director VanDyke stated Jeff Ellis has managed the pool since 2006 and has done an exemplary job. Prior to 2006, the pool operation was run in- house. Using Jeff Ellis to manage the pool saves money and allows for a safer environment since they are the standard for lifeguard training in the industry. He also stated that he is not aware of any other company at this level that provides these services. Trustee Wolin stated lifeguard services are a matter of life and death and we do not want to take any chances. He also stated Jeff Ellis is a quality organization with well trained and attentive lifeguards. Motion by Trustee Manzo, seconded by Trustee Moy to approve item 6.F.6. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. HUB Group — 200 Clearwater Drive — Map Amendment — Rezone Property from ORA -1 to 0-4. Trustee Moy stated that The HUB Group submitted a petition for a map amendment to rezone the property. This will permit The HUB Group to demolish the existing Reed Business building and replace it with a new 140,000 square foot Class A office building that will serve as their new corporate headquarters. He also stated that the 0-4 designation will make the zoning of 2000 Clearwater consistent with neighboring properties. He further stated this will give The HUB Group the ability to expand in the future. VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING OF MARCH 27, 2012 Trustee Wolin stated The HUB Group is an outstanding addition to the Village and he strongly supports this amendment. Trustee Zannis stated she also strongly supports this amendment. She also stated this will be a beautiful building and a great addition to our neighborhood. Trustee Yusuf stated the amendment makes the property consistent with the zoning of the surrounding properties. He welcomed The HUB Group and looks forward to the building being constructed. Motion by Trustee Moy, seconded by Trustee Aktipis to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the map amendment to rezone the property located at 2000 Clearwater Drive from ORA -1 to 0-4 and authorize the Village Attorney to prepare the necessary ordinances for final consideration at the April 10, 2012 Board of Trustees Meeting. VOICE VOTE: Motion carried. B. 600 TMBG, LLC — 600 Hunter Drive — Variation — To Allow an Additional 25 Parking Spaces in the Required Front Yard Trustee Moy stated that 600 TMBG, LLC, the new owner of the property located at 600 Hunter Drive is requesting approval of a variation to Section 13- 12 -31-1.2 of the Zoning Ordinance to permit the construction of 25 additional parking spaces in the front yard and landscape the area. He also stated that the building has 158 parking spaces which, correlates to a parking ratio of 3.2 per 1000 square foot gross floor area. By code, this building should have a minimum parking ratio of 3.3 parking spaces per 1000 square feet. Motion by Trustee Moy, seconded by Trustee Wolin to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13-12 - 3H.2 to permit the construction of 25 additional parking spaces in the required front yard for the property located at 600 Hunter Drive subject to the following conditions; 1. The proposed parking and landscaping shall be constructed in substantial conformance to the approved plans. 2. Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the April 10, 2012 Board of Trustees meeting. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING OF MARCH 27, 2012 C. Oak Brook Park District — 1450 Forest Gate Road — Special Use — Phase 1 of the Park District's Master Plan Trustee Moy stated that the Oak Brook Park District has submitted a petition seeking approval of an amendment to Special Use Ordinance S -791 to incorporate the Oak Brook Park District's first Master Plan and begin implementation of Phase One improvements for the Central Park facilities located at 1300 through 1500 Forest Gate Road. He also stated the key aspects of Phase One include: the construction of a synthetic soccer field, construction of sledding hill, connections for the existing pathway system, a new maintenance facility, detention and renovation of the existing Splash Pad. Their overall goal is to improve the site circulation to highlight the amenities of the park and to improve parking and drainage. Resident Bill Lindeman expressed his concerns with the proposed Park District plan. He asked if this is a necessary expense due to the aging Oak Brook population. In his opinion, the Park District cannot afford the proposed improvements and should only do the required improvements in order to remain competitive. Trustee Wolin asked representatives from the Park District to address Mr. Lindeman's concerns. Norm Russell from the Park District stated they are renewing their current bonds for another ten years to pay for the proposed improvements. He stated the goal is to enhance the Park District. He also stated the Oak Brook resident tax rate will remain the same. Trustee Aktipis stated the Park District is an independent Board and makes its own financial decisions. Trustee Wolin stated he agrees with Trustee Aktipis and he supports the Park District's plan. He stated it is a great way to attract young families to the Village. Trustee Yusuf stated the Village Board's role is not to analyze the economic aspect of the Park District's plan. He thinks it is a great plan, however, disagrees with the issuance of bonds to fund the plan. Trustee Zannis stated she is glad that the Park District has a Master Plan. She stated the Park District is the social hub of our children and it's important to attract young families to Oak Brook. Tom Truedson, Vice President of the Park Board Commissioners, stated the bonds being used are going to be purchased in 2013. He also stated the Park District's Master Plan is the guiding light of the Park District's the Park District appearance and every new maintenance facility. future. He further stated they take pride in how one is welcome to view the proposed site of the VILLAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING OF MARCH 27, 2012 Sharon Knitter, Park Board Commissioner, stated the Master Plan has been in the making for over a year. She also stated many meetings took place internally, with residents, and Oak Brook businesses. This has been a very thoughtful process. Motion by Trustee Moy, seconded by Trustee Aktipis, to concur with the recommendations from both the Plan Commission and Zoning Board of Appeals and approve a request from the Oak Brook Park District to amend their existing Special Use Ordinance S -791 to incorporate the Oak Brook Park District's Master Plan and begin implementation of Phase I improvements for the Central Park facilities located at 1300 through 1500 Forest Gate Road subject to the following conditions: a. The development shall be in substantial conformance with the Phase One plan as submitted by the Park District. b. That all other provisions of Ordinance S -791 are to remain in full force and effect. c. Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived, and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the April 10, 2012 Board of Trustees meeting. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS — NONE 10. ACTIVE BUSINESS A. Confirmation of Appointments — NONE B. Ordinances & Resolutions 1) ORDINANCE 2012 — GA — VIDEO — GA — VIDEO — G — 969, An Ordinance Amending Title 4 of the Village Code Regarding Gambling Trustee Manzo stated that this ordinance bans video gaming machines in Oak Brook. He stated it is not the image we want to represent in Oak Brook. Manager Niemeyer stated in 2009, the state legislature passed a bill legalizing video gaming in all bars and restaurants. The purpose was to fund the state's capital improvement program. The law also allows municipalities to ,prohibit video gaming machines. As of today, seventy -seven municipalities have banned them. He stated the law allows five video gaming machines in each establishment. The revenue a municipality can generate is about $11,250 per year. He stated that the hotels in the area are split on the issue. He also stated if the Board plans on approving the ban to do it at tonight's meeting. He further stated that there are pros and cons to enforcing the ban. VILLAGE OF OAK BROOK MINUTES Page 8 of 12 REGULAR MEETING OF MARCH 27, 2012 Trustee Aktipis stated he is opposed to video gaming machines in Oak Brook. He stated the income gained is not substantial and will give the Village a reputation that we don't want it to have. Dick Turner, General Manager of the Double Tree, stated he opposes the banning of video gambling machines. He stated it is an implemental revenue stream and gives Oak Brook a competitive advantage with hotels in neighboring communities. He stated of the four hotels in Oak Brook, two oppose the ban, and two support it. He further stated the risk is very low for the Village and asked the Board to not impose the ban. Trustee Zannis asked Mr. Turner what the expected revenue to establishments with video gaming machines will be. He stated the expected profit is $40,000 - $50,000 per year. Dr. Chuck Hamburg, Professor at Roosevelt University, stated he is in favor of video gaming machines. He gave a brief history of his experience and gaming. He stated the pros to allowing video gaming machines in Oak Brook establishments. He further stated the Village will be making a huge mistake in banning video gaming machines. Trustee Wolin stated this is not an easy decision and the Board is very supportive of its businesses. He stated gambling does not seem right in Oak Brook. Resident Al Knuth stated he does not like the idea of gambling and referred to studies that illustrate how gambling boats destroy communities. Trustee Yusuf stated he is opposed to video gaming machines. He stated a large majority of the surrounding communities have instituted a ban on video gaming machines. He also stated that this can be revisited in the future if Oak Brook residents are in favor of gaming in Oak Brook. Trustee Moy stated he does not see the benefits of having gambling video machines in Oak Brook. He also stated the ban can be lifted in the future if Oak Brook residents are in favor of video gaming machines in the future. Trustee Zannis stated Oak Brook has been a leader in many ways and has a very conservative population. She stated the Village should not be a leader in gambling and supports the ban on video gaming machines. Trustee Wolin stated the Board is very supportive of businesses in Oak Brook and is open to ideas they may have to generate revenue. VILLAGE OF OAK BROOK MINUTES Page 9 of 12 REGULAR MEETING OF MARCH 27, 2012 Motion by Trustee Manzo, seconded by Trustee Zannis to approve ORDINANCE 2012 — GA — VIDEO — GA — VIDEO — G — 969, An Ordinance Amending Title 4 of the Village Code Regarding Gambling. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 —None Motion carried. C. Award of Contracts — NONE D. Health Insurance— DISCUSSION ONLY Trustee Moy stated The Patient Protection and Affordable Care Act was signed into law in 2010. Assistant Manager Wing stated the law includes numerous health- related provisions that took effect in 2010. Assistant Manager Wing stated both the health insurance and life insurance contracts are up for renewal this year. B1ueCross B1ueShield (BCBS) and Cigna showed interest in providing a proposal for health insurance; however, Cigna declined stating that they could not be competitive. Staff is working with BCBS on a proposal that is expected to be an increase of about 5 %. He also stated that several companies showed interest in life insurance and staff will be evaluating the differences and will be recommending the best option. Trustee Wolin asked if the insurance companies have any indication of the financial impact the Act will have in the coming years. Assistant Manager Wing stated it will vary from year to year, but the impact will be less than %z% for 2012. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer stated a Sports Core Committee has been formed to develop a long- term business plan. Trustees Manzo and Yusuf, Sports Core staff, and Park Board members will make up the committee. The first meeting is scheduled and will take place in two weeks. B. VILLAGE CLERK Clerk Pruss encouraged everyone to register to vote. Clerk Pruss stated April 14a' marks the 10'h Anniversary of the Public Library building and encouraged everyone to attend the celebration. VILLAGE OF OAK BROOK MINUTES Page 10 of 12 REGULAR MEETING OF MARCH 27, 2012 C. TRUSTEES —None D. VILLAGE PRESIDENT Attorney Friedman stated the Village received a complaint filed by Westmont regarding the S —Curve and will be responding accordingly. Chief Kruger congratulated his staff on a great job during the taxi cab and license inspection. He stated he traveled to Springfield and met with legislatures to discuss legislative issues. Chief McEllin stated that residents can get their blood pressure tested at Fire Station 1. Sport Core Director VanDyke stated the golf season so far has been terrific and they may have set an early record. Library Director Madorin stated that the Library celebration is on April 141h and the Friends Used Book Sale will be the week after. She encouraged everyone to attend both events. Community Development Director Kallien stated staff is working with a number of major local business entities on future expansion plans. He also stated there has been a number of people expressing interest in building homes. 12. ADJOURNMENT TO CLOSED SESSION For the purpose of discussing (1) litigation, (2) the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, (3) collective negotiating matters, and (4) the purchase or lease of real property pursuant to section 2c(11), 2c(1), 2c(2), and 2c(5) of the Illinois open meetings act, respectively Motion by Trustee Aktipis, seconded by Trustee Wolin to adjourn to closed session for the purpose of discussing (1) litigation, (2) the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, (3) collective negotiating matters, and (4) the purchase or lease of real property pursuant to section 2c(11), 2c(1), 2c(2), and 2c(5) of the Illinois open meetings act, respectively. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried. This meeting was adjourned to Closed Session at 8:32 pm. VILLAGE OF OAK BROOK MINUTES Page 11 of 12 REGULAR MEETING OF MARCH 27, 2012 RECONVENE The Regular Board of Trustees meeting was reconvened at 10:20 pm. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons: PRESENT: President Gopal Lalmalani, Trustees Stelios Aktipis, Michael Manzo, Mark Moy, Gerald Wolin, Asif Yusuf, and Elaine Zannis. 15. RESOLUTION 2012 — WA — MAIN— CNTRCT — R 1162, A Resolution Approving and Authorizing the Award and Execution of a Construction Contract Relating to the 2012 Water Main Replacement Project. Motion by Trustee Wolin, seconded by Trustee Aktipis to award a contract, subject to staff review, for the 2012 Water Main Replacement Project, based on the unit prices listed on the attached bid tabulation, to Vian Construction, Elk Grove, Illinois, for an estimated contract price of $1,593,301.10, and approve Resolution 2012-WA- MAIN- CNTRECT- EXl -R -1162, a "Resolution Approving and Authorizing the Execution of a Contract by and between the Village of Oak Brook and Vian Construction." ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. 16. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Manzo, to adjourn the Regular Meeting of the Board of Trustees at 10:22 pm. VOICE VOTE: Motion carried. /s /Charlotte K. Pruss Charlotte K. Pruss VILLAGE OF OAK BROOK MINUTES Page 12 of 12 REGULAR MEETING OF MARCH 27, 2012