Minutes - 04/24/2007 - Board of TrusteesMINUTES OF THE APRIL 24, 2007 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY
8, 2007.
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:32
p.m. The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig,
Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Asif
Yusuf.
ABSENT: None.
IN ATTENDANCE: Jeffrey P. Moline, Acting Village Manager; James Bodony, Fire
Chief; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of
Information Services & Purchasing; Robert L. Kallien, Jr., Director of
Community Development; Kenneth T. Kubiesa, Village Attorney; Darrell
J. Langlois, Finance Director; Margaret Klinkow Hartmann, Library
Director; Michael J. Meranda, Public Works Director and Nelson Patras,
Bath & Tennis Club Operations Manager.
3. PRESIDENT'S OPENING COMMENTS
A. PROCLAMATION MUNICIPAL CLERK'S WEEK
Motion by Trustee Manofsky, seconded by Trustee Aktipis, to proclaim April 29
through May 5, 2007 to be Municipal Clerks' Week. VOICE VOTE: Motion carried.
B. President Quinlan announced that the widening of 22nd Street between Costco and
Butterfield Road will move forward as the second phase engineering has been
approved.
4 RESIDENTNISITOR COMMENT
Those who wished to speak indicated that they wished to hold their remarks until the topic
was addressed in the normal course of the Agenda.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 10, 2007
VILLAGE OF OAK BROOK Minutes Page 1 of 17 APRIL 24, 2007
5. A. Motion by Trustee Manofsky, seconded by Trustee Sanford, to approve the Minutes
of the April 10, 2007 Regular Board of Trustees Meeting as presented. 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.
Trustee Manofsky asked that Agenda Item 6.A.3) Kubiesa, Spiroff, Gosselar & Acker,
P.C. Legal Services for March, 2007 - $49,789.40 be removed for further discussion at
the Closed Meeting. President Quinlan informed Trustee Manofsky that this topic did not
fit the criteria for discussion in a Closed Meeting. Trustee Manofsky asked that the item
still be removed from the Consent Agenda for further discussion in open session.
Trustee Aktipis asked that Agenda Item 6.I. Resolution R -974 - A Resolution Authorizing
the Destruction of Audio Recordings of Closed Meetings be removed for further
discussion.
A. Accounts Payable for Period Ending April 20, 2007 - $742,785.03
Significant Items included in Above:
1) DuPage Water Commission - $120,393.49
2) Klein, Thorpe & Jenkins - Legal Services:
a) $45,083.87
b) $ 8,873.05
4) BMS Cats - Butler School Mold Remediation - $27,438.00
5) Legat Architects - Library - Payout #12 - $4,183.50
B. Approval of Payroll for Pay Period Ending April 7, 2007 - $665,806.33
C. Community Development Referrals
1) White Oak Meadows Subdivision — 3101 White Oak Lane — 2 Lot Subdivision —
Final Plat
2) Deerpath Woods Subdivision — 12 Acres Vacant Land Located West of Adams,
South and East of Breakenridge Farm Road — 5 Lot Subdivision — Final Plat
3) Brittwood Creek Subdivision — Approximately 56 Acres of Vacant Land South
of 35t" Street between Route 83 and Breakenridge Farm Road — Final Plat
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Wireless Mesh Communications System - RFP for Consultant Services
2) Sports Core Swimming Pool Management Agreement
E. Budget Adjustments
F. Resolution R -974 - A Resolution Approving the Final Plat Known as Gatto's
Subdivision (A Consolidation of Two Lots into a Single Lot) and Granting a
Variation from the Provisions of Section 14 -6 -3K of Title 14 (Subdivision
Regulations) of the Village Code of the Village of Oak Brook Relative to Utility
Easements - 3005 and 3009 Meyers Road
VILLAGE OF OAK BROOK Minutes Page 2 of 17 APRIL 24, 2007
6. G. Ordinance S -1192 -An Ordinance Authorizing the Sale, Donation or Disposal of
Certain Items of Personal Property Owned by the Village of Oak Brook
H. Treasurer's Report - March, 2007
The Consent Agenda approval motion was voted upon after item 8.13.
7. ITEMS REMOVED FROM CONSENT AGENDA
6. I. RESOLUTION R -974 - A RESOLUTION AUTHORIZING THE DESTRUCTION
OF AUDIO RECORDINGS OF CLOSED MEETINGS
Trustee Aktipis expressed concern for destruction of recordings that he believed were
subject to subpoena.
Motion by Trustee Kennedy, seconded by Trustee Sanford, for Passage of Resolution
R -974 - A Resolution Authorizing the Destruction of Audio Recordings of Closed
Meetings. ROLL CALL VOTE:
Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf.
Nays: 2 - Trustees Aktipis and Craig.
Absent: 0 - None. Motion carried.
6. A. 3) KUBIESA, SPIROFF, GOSSELAR & ACKER, P.C. LEGAL SERVICES FOR
MARCH, 2007 - $49,789.40
Trustee Manofsky itemized concerns regarding this bill. Most of the questions
were relative to the defense of Joan Mullins. Her concerns included the basic
concern as to whether the Village of Oak Brook was responsible for her defense,
the fact that she retained a different attorney without notification to the Village
Board and the Village's responsibility to that attorney and his responsibility to the
Village of Oak Brook.
In addition, Trustee Manofsky noted that the Kubiesa firm continues to have
discussions regarding this defense, the IRMA position and indemnification for
which the Village is being billed which she questioned. Attorney Kubiesa
responded that the discussions were to explain to Mr. Dolan that IRMA was not
providing defense because the coverage document from IRMA does not provide
that she is a member therefore coverage is not afforded to her and to explain the
indemnification. Attorney Kubiesa's opinion is that the indemnification
ordinance does cover Ms. Mullins.
Another portion of the bill charged the Village of Oak Brook for time spent by
Barbara Gosselar, a partner in the Kubiesa, Spiroff, Gosselar and Acker, P.C.
firm, and charges by Kenneth Kubiesa for reviewing her work. Trustee
Manofsky's concern was that as a partner Ms. Gosselar should not require
oversight. Attorney Kubiesa responded that he reviewed all work coming out of
his office since he is the Attorney for the Village of Oak Brook. He indicated that
he would review those circumstances.
VILLAGE OF OAK BROOK Minutes Page 3 of 17 APRIL 24, 2007
7. 6. A. 3) Attorney Kubiesa addressed the issue of the change of attorney by Joan Mullins
indicating that it was Ms. Mullins choice and she felt this particular attorney,
Marty Dolan, would provide a better defense. He added that the attorney did not
have an obligation, even if the Village was paying his bill, to report to the Village
Board in that the Board was not his client, Ms. Mullins was his client. Attorney
Kubiesa was asked if he knew the fees charged by Mr. Dolan. He indicated that
he did not know his fees.
On the issue of whether the Board was informed of this change there was a
difference of opinion as to whether the Board was informed.
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve Agenda Item
6.A.3) Kubiesa, Spiroff, Gosselar & Acker, P.C. Legal Services for March,
2007 in the amount of $49,789.40. ROLL CALL VOTE:
Ayes: 4 - Trustees Kennedy, Sanford,Yusuf and President Quinlan.
Nays: 3 - Trustees Aktipis, Craig and Manofsky
Absent: 0 - None. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS
A. InSite Oak Brook Limited Partnership — 1603 16th Street — B -1 District Text
Amendment — Permitted Uses — Add Banks and Financial Institutions, Text
Amendment — Special Uses — Add Drive -In Banking Facilities and Variation to
Section 13- 11 -7A.5 — Sign Regulations
At its meeting on April 3, 2007, the Zoning Board of Appeals reviewed several
petitions from InSite Oak Brook Limited Partnership, the owner of the property and
office building at 1603 16th Street. They are seeking approval of text amendments
to the Zoning Ordinance to permit banks and financial institutions as a permitted use
and drive -in banking facilities as a special use. They are also seeking a special use
in order to construct a drive -in banking facility at this location; and, a variation to
Section 13- 11 -7A.5 of the Zoning Ordinance to permit a ground sign on a
commercial property that is less than three acres in size.
Because the property at 1603 16th Street is less than three acres in size, it cannot
construct a ground sign. At the present time, the three other commercial properties
located at the intersection of 16th Street and Route 83 exceed the three minimum lot
size and all are permitted to have ground signs. If approved, the applicant would
construct a ground sign that would meet all other size and location requirements of
Section 13- 11 -7.A.5 for a ground sign in the B -1 Zoning District.
The applicant has indicated a desire to demolish the existing 12,000 square foot
building which would be replaced with a 4,000 square foot bank with a three -bay
drive -in facility.
VILLAGE OF OAK BROOK Minutes Page 4 of 17 APRIL 24, 2007
8. A. Recommendation — Text Amendments
The Plan Commission, by a vote of 7 to 0, and the Zoning Board of Appeals, by a
vote of 5 to 0 have recommended approval of the applicants request for two text
amendments to the Zoning Ordinance to add "banks and financial institutions" to the
permitted uses in the B -1 District and to add "drive -in banking facility" to the
special uses in the B -1 District.
Recommendation — Special Use
The Plan Commission, by a vote of 7 to 0, recommended approval while the Zoning
Board of Appeals, by a vote of 2 to 3, recommended denial of the applicants request
for approval of a special use for a "drive -in banking facility" at 1603 16th Street.
Since the Zoning Board of Appeals meeting, the applicants Attorney has submitted a
letter dated April 16, 2007 requesting withdrawal of the special use application (a
copy is included in the case file).
Recommendation - Variation
The Zoning Board, by a vote of 4 to 1, recommended approval of the request for a
variation to Section 13- 11 -7A -5 to allow the construction of a ground sign subject to
the following conditions:
1. To be constructed in substantial conformance with the site plan and sign elevation
plan contained in the case file.
2. The sign shall be limited to a maximum of 80 square feet for a 2 sided sign.
3. All other provisions of 13 -11 -5C and 13- 11 -7A -5 of the Zoning Ordinance shall
be followed relative to the design and construction of the ground sign.
Text Amendment
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 to Section 13 -7A -1 of the Zoning Ordinance
to add "banks and financial institutions" and to Section 13 -7A -2 of the Zoning
Ordinance to add "drive -in banking facility" and authorize the Village Attorney to
draft the necessary ordinance for final consideration at the May 8, 2007 Board of
Trustees meeting. VOICE VOTE: Motion carried. Nay vote by Trustees Craig and
Manofsky.
Special Use
Motion by Trustee Sanford, seconded by Trustee Kennedy, to accept the applicants
request to withdraw its request for a special use for drive -in banking at 1603 16th
Street. VOICE VOTE: Motion carried.
Resident William Lindeman spoke to the issue of approving a special use for a drive -
in banking when there is no applicant. He also had concerns for signage for a
theoretical applicant.
VILLAGE OF OAK BROOK Minutes Page 5 of 17 APRIL 24, 2007
8. A. Discussion ensued as to whether it was appropriate to pass a variation for a building
that did not exist.
Shelly Hurta, an attorney for Day and Roberts introduced Mr. Tom Servanka, the
person in charge of the project, to speak to the Board relative to the variance due to
the size of the property and the limited visibility of the parcel, therefore they would
like to see the variance passed in order to help with marketability.
Variation
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
recommendation from the Zoning Board of Appeals and approve the variation to
Section 13- 11 -7A -5 of the Zoning Ordinance to permit a ground sign on a
commercial property that is less than three acres in size subject to the following
conditions:
a. Final design and location of the ground sign will be determined as
part of any future actions taken by the Village Board with respect to
consideration and approval, if any, of a special use for a drive -
through banking facility on the Subject Property.
b. The maximum sign area of the ground sign shall be eighty (80)
square feet total for a two (2) sided sign (forty (40) square feet per
side).
C. All other provisions of Section 13 -11 -5C and 13- 11 -7A.5 of the
Zoning Ordinance shall be followed relative to the design and
construction of the ground sign.
d. 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 draft the necessary ordinance for final
consideration at the May 8, 2007 Board of Trustees meeting. VOICE VOTE:
Motion carried.
B. 111 WINDSOR OAK BROOK PROPERTIES, LLC AND 2010 SWIFT DRIVE
INVESTORS BY INTERWORK ARCHITECTS 111 WINDSOR AND 2010
SWIFT DRIVE — ORA -1 DISTRICT — VARIATION TO SECTION 13 -12 -3H
AND 13- 12 -4B.2 —PARKING REGULATIONS
At its meeting on April 3, 2007, the Zoning Board of Appeals reviewed several
petitions from Oak Brook Properties, LLC, the owner of the property at 111
Windsor Drive and 2010 Swift Drive Investors, the owner of the property at 2010
Swift have had petitions filed by Interwork Architects to seek variations to the
Zoning Ordinance in order to construct additional off - street parking facilities on
their adjacent properties. In particular, the owner of 111 Windsor is seeking a
variation to Section 13 -12 -3H to permit parking to be located within ten (10) feet of
a rear property line and to Section 13 -12 -413.2 to eliminate the five (5) foot green
space along a portion of the rear property line. The owner of 2010 Swift is seeking a
VILLAGE OF OAK BROOK Minutes Page 6 of 17 APRIL 24, 2007
8. B. variation to Section 13 -12 -413.2 to eliminate the five (5) foot landscape buffer in the
side yard. The owner of these two properties has indicated that ADT is consolidating
their administrative and field sales operations to these two buildings and requires
additional parking facilities.
Recommendations:
111 Windsor Drive — By a vote of 5 to 0 finding that the applicant has addressed and
satisfied the applicable standards required to recommend approval of the requested
variations to Section 13 -12 -314 and 13 -12 -413-2 to allow parking within 10 feet of
the rear property line and to eliminate 5 feet of green space along a portion of the
rear property line, subject to the following conditions:
1. To be constructed in substantial conformance with the site plan submitted and as
revised at this hearing.
2. A perpetual cross access agreement should be required.
3. 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.
2010 Swift Drive — By a vote of 5 to 0 finding that the applicant has addressed and
satisfied the applicable standards required to recommend approval of the requested
variation to Section 13- 12 -413-2 to eliminate the requirement for a 5 foot landscape
buffer for parking in the side yard, subject to the following conditions:
1. To be constructed in substantial conformance with the site plan submitted and as
revised at this hearing.
2. A perpetual cross access agreement should be required.
3. 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.
Staff Comments:
On behalf of the Zoning Board of Appeals a statement was made that it was
recognized there are certain nonconformities that exist on this property and would
recommend those existing nonconformities be allowed to continue. If the properties
were ever redeveloped, they would then be required to conform to the regulations
that exist at that time.
Variation (111 Windsor Drive)
Trustee Kennedy suggested that the verbage be corrected to say "shall" rather than
"should" to indicate requirement. All parties agreed.
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 -31-1 and 13 -12 -413-2 to allow parking within 10 feet of
VILLAGE OF OAK BROOK Minutes Page 7 of 17 APRIL 24, 2007
8. B. the rear property line and to eliminate 5 feet of green space along a portion of the
rear property line for the property at 111 Windsor Drive, subject to the following
conditions:
1. To be constructed in substantial conformance with the site plan submitted and as
revised at this hearing;
2. A perpetual cross access agreement shall be required;
3. 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 draft the necessary ordinance for final
consideration at the May 8, 2007 Board of Trustees meeting. VOICE VOTE:
Motion carried.
6. It was brought to President Quinlan's attention that the exceptions from the Consent
Agenda had been voted upon, but that the remaining Consent Agenda had not been acted
on.
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Variation (2010 Swift Drive)
Motion by Trustee Sanford, seconded by Trustee Aktipis, to concur with the
recommendation from the Zoning Board of Appeals and approve the requested
variation to Section 13- 12 -413-2 to eliminate the requirement for a 5 foot landscape
buffer for parking in the side yard for the property at 2010 Swift Drive, subject to the
following conditions:
1. To be constructed in substantial conformance with the site plan submitted and as
revised at this hearing;
2. A perpetual cross access agreement shall be required;
3. 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 draft the necessary ordinance for final
consideration at the May 8, 2007 Board of Trustees meeting. VOICE VOTE:
Motion carried.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
VILLAGE OF OAK BROOK Minutes Page 8 of 17 APRIL 24, 2007
9. B. ORDINANCES & RESOLUTIONS - None presented.
C. AWARD OF CONTRACTS
1) FIRE DEPARTMENT PROTECTIVE CLOTHING
The Village received and opened four (4) bids on April 4, 2007. Staff
recommends acceptance of some bids that were not the lowest submitted price.
The lowest submitted price for coats, pants, and helmets do not meet
specifications. The coats do not have reinforced trim stitching or correct outer
shell material, the pants do not have elasticized waistband, external waist belt,
reinforced knee, reinforced trim stitching, or correct outer shell material, and the
helmets have no shields or ear protection. All additional options (radio pockets,
pocket flaps, inside pocket, and lettering) are brand specific and were therefore
awarded to MES since they are the lowest responsive and responsible bidder for
coats.
In 2006, the Fire Department applied for and was awarded a U.S. Department of
Homeland Security "Assistance to Firefighters" Grant in the amount of $66,619
for the replacement of all firefighter protective clothing. The bids received
exceeded the grant by $9,549.80. Additional funds will come from the Foreign
Fire Tax Board ($6,043.80) and the Fire Department Rescue & Fire Operations
Program ($3,506).
The grant is for the replacement of the firefighter protective clothing. Items to be
replaced are coats, pants, helmets, boots, fire gloves, extrication gloves, and flash
hoods. The items to be purchased are needed to replace worn out firefighter
protective clothing that do not meet current standards and are beyond repair.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board
award contracts to the following three companies: Air One Equipment, South
Elgin, I1 ($17,556); Municipal Emergency Services (MES), Washington, Il ($57,
127.80) and W.S. Darley & Co., Melrose Park, Il ($1,485) subject to staff review,
based on unit prices bid by the lowest responsive and responsible bidders, as
indicated on the attached bid tabulation for Fire Department Protective Clothing
for a total project cost of $76,168.80. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) LIBRARY EXTERIOR WOOD REFURBISHING
At the August 22, 2006 Village Board meeting, staff was given authorization to
VILLAGE OF OAK BROOK Minutes Page 9 of 17 APRIL 24, 2007
9. C. 2) solicit a competent and qualified contractor to undertake refurbishing of the
Library's exterior cedar wood siding. The request was asked of the Board as
during two previous competitive bidding processes, no bids were received. Since
the Board's authorization, staff has been working with Paint Pros, Inc., (referred
to us by John Thorpe, a highly regarded Chicago architect specializing in
restorations), and have agreed on a scope of service and the aforementioned not -
to- exceed contract amount.
The contract itself will be on a time and material basis with the not -to- exceed
amount as a cap. The scope will include: protection of all landscape, concrete,
and walkways during surface preparation and staining, removal of all previous
coatings, power wash/cleaning of all surfaces, sanding (where warranted),
treatment of any areas with fungi or rust, and caulking of gaps in wood siding.
Once surface preparation is completed, two coats of a high - quality translucent
cedar stain will be applied.
It is important to note that being cedar, preventative maintenance (re- staining)
will have to be performed every 3 -4 years to keep the cedar from failing. The
cost, however, will be significantly less.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that a purchase order be
issued to Paint Pros, Inc. of Riverside, Illinois in the not -to- exceed amount of
$50,000 for refurbishing the exterior cedar wood siding at the Library. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
3) LIBRARY HVAC SCREENING PROJECT
At the Board's June 13, 2006 meeting, staff was authorized to complete
specifications and solicit competitive bids for screening of the Library's HVAC
equipment. On March 14, 2007, the following six (6) bids were received.
Construction Solutions
109,723.00
Loungs Corporation
1195800.00
Metropolitan Corporation
112,100.00
R. Rudnick & Co.
141,448.00
Poulos Construction
112,850.00
Berglund Construction Co.
231,000.00
As the apparent low bid is $59,000+ over our budgeted amount, we would like to
modify the specifications and re -bid the project in hopes of receiving more
favorable pricing. The modifications will not have any adverse affects, either
VILLAGE OF OAK BROOK Minutes Page 10 of 17 APRIL 24, 2007
a
C. 3) visually or structurally, on the final product. In fact, one of the changes, (using
cedar wood siding in lieu of the originally specified composite material) should
blend in better with the existing cedar siding once that material is refurbished via
a separately executed contract. If, however, pricing from the re -bid were to still
substantially exceed our FY -07 budgeted amount, we could hold off construction
until after January 1, 2008 allowing us the opportunity to include a more realistic
amount in our upcoming FY -08 budget.
Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the bids publicly
opened on March 14, 2007 for the Library HVAC screening project be rejected
and re -bid the project with revised specifications. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. RECOMMENDATION - 2007 INDEPENDENCE DAY CELEBRATION -
PYROTECHNICS
At the Village Board meeting on March 13, 2007, the Village Board directed Trustee
Manofsky and Village staff (Independence Day Committee) to review possible
funding options for the 2007 Independence Day Fireworks Display at the Oak Brook
Sports Core. Understanding that the Display is not budgeted for 2007, the pressing
issues before the Village Board is that Melrose Pyrotechnics, Inc has stated that they
could hold a crew for the July 3, 2007 display until May 1, 2007. Therefore, should
the Village Board wish to proceed with the Fireworks Display, funding must be
established. As such, the following options were discussed by the committee as
viable options for proceeding with the event:
1. Amend the 2007 Hotel Motel Tax Budget by adding $72,000.00 to existing line
item 171 -7940, "Independence Day."
2. In addition to Budget Amendment, implement a "user fee" for the event whereby,
spectators attending the event will be assessed a parking fee of $10.00 per vehicle.
The revenue gained under the parking user fee will be used to off -set the total cost
of the amount listed under point # 1 in order to mitigate the amount of the
Hotel /Motel Tax Funds utilized to subsidize the event.
3. In addition, a suggestion was made that the Village attempt to create an
advertising avenue for the restaurant facilities in town, whereby Oak Brook
restaurants through sponsorship, may advertise and /or produce coupon fliers for
spectators of the event.
The recommendation from the Independence Day Committee to the Village Board is
to amend the Hotel /Motel Budget as provided for in Option # 1. The Committee is
VILLAGE OF OAK BROOK Minutes Page 11 of 17 APRIL 24, 2007
9. D. also recommending the Board direct the Committee to proceed with developing plans
for both Option #2 and Option #3, including public safety review of the parking plan
and attorney review of the plans. Final proposals for Options 2 and 3 would be
subject to Board approval with an anticipated review at the second Board meeting in
May.
Trustee Sanford expressed concern for using Oak Brook Hotel/Motel tax income for
this project since the Oak Brook Oak Brook Hotel, Convention and Visitors
Committee agreed to fund the fireworks last year, but when approached it was
indicated to them that it would be a one time occurrence.
Trustee Kennedy indicated that he was vehemently opposed to using the Hotel /Motel
tax to fund this project. He emphasized that when the Board agreed to increase the
tax that the funds would be used for beautification in the hotel district.
Discussion ensued relative to parking fees and the possibility that attendance would
decrease as a result and would not cover the cost of the fireworks display.
Motion by Trustee Aktipis, seconded by Trustee Craig, to continue this topic to
provide an opportunity for Trustees Manofsky and Craig to follow -up with an idea
and seek approval through a phone poll if applicable. VOICE VOTE: Motion
carried.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE G -834 - AN ORDINANCE AMENDING TITLE 1, CHAPTER 4,
SECTION 2 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK,
ILLINOIS TO ESTABLISH THE DATE FOR COMMENCEMENT OF TERMS
OF ELECTED OFFICERS
Per request by the Village Clerk's office, Assistant Village Attorney Gosselar
prepared the Ordinance which amends Section 1 -4 -2 of the Village Code
regarding the commencement of terms of newly elected Board members. The
current Village Code reflects the date of May 1 that newly elected officials are to
take office in Oak Brook. However, with the change in dates of the consolidated
election, the official election results will not be available until May 8, 2007 which
is also the date of the first regular Oak Brook Board meeting in May. Further, in
order to allow for the possibility of objections being filed on such results, the
County suggests "that any organizing meeting be scheduled at least a couple of
days after the deadline" of May 8, 2007.
VILLAGE OF OAK BROOK Minutes Page 12 of 17 APRIL 24, 2007
10. B. 1) The ordinance does two things. First, the Village Code would change in that the
May 1 st date would be removed and the new language will state that the terms of
newly elected officials shall commence by their inauguration at the first regular or
special meeting of the Village Board in the month of May following the receipt of
the official election results.
Second, because this new language then sets the date as the first regular meeting
following the official results, or May 8, which the County suggests not holding
the inaugurations until after the 8th, the ordinance moves the date for
commencement of terms to May 22nd. This is a unique situation, and as such, is
set for the Board to review and approve. An alternative to waiting until May
22nd would be to hold a Special Meeting after the official results are received on
May 8.
Acting Village Manager Moline explained that the ordinance addresses the
problems with the date for commencement of terms for future years based on the
changes in election law. He noted, however, that addressing the current year had
been problematic due to differing opinions of the two counties in which Oak
Brook resides. Additional information was received by DuPage County which
governs the majority of the Village which indicated that the Village would be able
to obtain "official election results" and hold inaugurations on May 8 if desired.
Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of
Ordinance G -834, An Ordinance Amending Title 1, Chapter 4, Section 2 of the
Village Code of the Village of Oak Brook, Illinois to Establish the Date for
Commencement of Terms of Elected Officers amended to provide May 8t" as the
date for commencement of terms for 2007. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS
1) WESTDALE GARDENS WATER MAIN REPLACEMENT - ENGINEERING
INSPECTION SERVICES AGREEMENT
At the Village Board meeting of April 10, 2007, the Board approved advertising
for bids. With the upcoming construction, an inspection services agreement is
necessary with James J. Benes and Associates, Inc., the design engineer.
Staff has been working with the consulting firm and the attached contract is the
culmination of those efforts. The Benes firm has accomplished previous water
main design and inspection work for the Village and is familiar with our
requirements. This agreement utilizes the format previously approved by the
Village Attorney and Purchasing Director Kapff.
VILLAGE OF OAK BROOK Minutes Page 13 of 17 APRIL 24, 2007
10. C. 1) Trustee Kennedy asked for clarification that James J. Benes is providing
construction services only and they will provide recommendations after review of
bids under their prior contract.
Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Village Board
approve the agreement with James J. Benes and Associates, Inc. for Professional
Engineering Design Services regarding the Westdale Gardens Water Main
Replacement Project in the not -to- exceed amount of $60,582.00. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) PUBLIC WORKS REPLACEMENT VEHICLE - SUBURBAN PURCHASING
COOPERATIVE
The truck being replaced is Unit #502, a Ford F350 used in the Public Works
Street Division. It receives a tremendous amount of heavy use including front -line
snow - plowing, salt spreading, and miscellaneous hauling. High mileage and
rusting of the body are the reasons for replacement. This vehicle was originally
planned on being replaced in 2006 but was deferred until this year. There will be
no other charges associated with this vehicle to increase the recommended
awarded amount.
When looking for replacement vehicles, staff first explored what vehicles have
been bid through either the State of Illinois or Suburban Purchasing Cooperative.
Pursuant to the provisions of Section 1 -7 -10 of the Village Code of Oak Brook and
Compiled Statutes, the Village is permitted to join with other governmental units
in order to benefit from cooperative purchasing arrangements.
Delivery is expected approximately 90 days after receipt of order. The vehicle
being replaced will be sold through the September 2007 DuPage Mayors &
Managers Conference vehicle auction (an ordinance to declare it surplus will be
presented prior to the auction).
Motion by Trustee Yusuf, seconded by Trustee Aktipis, that the Village Board
waive further bidding since Suburban Purchasing Cooperative already conducted
the bid process and issue a purchase order to Currie Motors, Frankfort, Illinois for
one 2008 Ford F450 Chassis XL in the amount of $69,440.00. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 14 of 17 APRIL 24, 2007
10. D. REGIONAL BIKE TRAIL - SALT CREEK GREENWAY TRAIL - 3RD
SUPPLEMENT AGREEMENT
Staff has been coordinating with the other five governmental agencies in order to
keep this project moving into construction. Staff has been keeping the Board
apprised of the issues (due to the significant bid price increases) through memos, the
latest being the Manager's Memo of March 21, 2007.
The Village has received approval from the Mayors & Managers Transportation
Technical Committee and their Board of Directors of the best option of bundling all
of the existing grants to construct the South Zone (through Elmhurst and Oak Brook)
and then apply for additional grant funding to do the North Zone (through Addison
and Villa Park). The request next is before the full Conference for final approval on
April 25, 2007. Since two bodies have approved the request, staff anticipates full
Conference approval.
The draft Third Supplemental Agreement has been under review by the various
agencies since March 22nd to proceed with this bundling option. Comments received
before noon Thursday (4/19/07) were minor in nature and not substantive. At noon
Thursday, Village Engineer Durfey received additional language from Assistant
Village Attorney Gosselar after she conferred with the Forest Preserve Attorney
recommending that the language be placed into paragraph 5 on the bottom of page 4.
The other agencies were e- mailed the suggested changes. As of this writing, it is not
known if it is too late for the other agencies to review and approve the additional
language. The Elmhurst Park District, Village of Villa Park and the Addison Park
District are scheduled to have it on their agenda for Monday (4/23/07), while the
Forest Preserve District is scheduled for Monday (5/1/07) and the Village of Addison
on Monday (5/7/07).
If the group does not proceed at this time, the project will have to be re -bid which
Engineer Durfey estimates will result in even higher prices.
The status of the IDOT bid opening is that the low bidder agreed to extend the bid
price for an additional 60 days over the original 45 days. The last day for IDOT to
award is approximately May 4, 2007 (IDOT has not returned several phone calls to
identify the actual date). The consultant has informed the Village that IDOT would
like to know by April 27th if Oak Brook, as the local sponsor for the South Zone,
wishes to proceed with IDOT awarding the construction contract.
Oak Brook may recommend that IDOT award so long as the Elmhurst Park District
and the Village of Villa Park approve the Agreement with the revised language. It is
staff's understanding that the Village does not need Forest Preserve approval of the
revised language Agreement as they are bound by the Second Supplemental
Agreement to pay for the South Zone. Assistant Village Attorney Gosselar has been
VILLAGE OF OAK BROOK Minutes Page 15 of 17 APRIL 24, 2007
10. D. asked to confirm this. This relates to Oak Brook recommending IDOT award a
contract and then be bound to pay the full 25% share of the construction costs
($975,000 vs. $289,687). Therefore, staff needs to know if the other three agencies in
the South Zone approved the revised language Agreement before the Village
recommends IDOT award.
On Exhibit A of the Agreement Oak Brook's initial share of the South Zone
construction and other expenses is $297,337; $102,337 over the Budget amount. As
the year progresses, staff will have to re- allocate funds to pay for this overage. With
the voter's approval of the 0.25% sales tax, it will lighten this burden. As the
construction proceeds, Oak Brook will be reimbursed $44,543 for Phase 3
engineering and $12,885 for easement acquisition.
It is important to note that all agencies will see a significant cost increase to their
share. However, the agencies have discussed that it is very important to note that if
the project does not proceed to construction, each agency will have to reimburse its
grant funds for engineering received to date.
Trustee Aktipis asked whether the Elmhurst Park District, Village of Villa Park and
the Addison Park District approved the changes at their meetings on Monday, April
23, 2007. Village Engineer Durfey indicated that they had approved the changes.
Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Village Board
approve the Third Supplemental Agreement Concerning the Establishment of the Salt
Creek Greenway Trail and Performance of Phase 3 Engineering Services and
Construction and to authorize the Village Engineer to send a letter, as the local
sponsor of the South Zone, to IDOT recommending that IDOT. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT - President Quinlan asked whether the Board felt the need to
go into Closed Meeting to discuss and approve the Minutes of the April 10, 2007
Closed Meeting. Consensus was to approve the minutes in open session.
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the Closed Meeting of April 10, 2007. VOICE VOTE: Motion carried.
President Quinlan indicated that the Closed Meeting was cancelled.
VILLAGE OF OAK BROOK Minutes Page 16 of 17 APRIL 24, 2007
11. Trustees Aktipis and Yusuf, Clerk Gonnella and President Quinlan made statements
thanking residents and staff for their support and commented on what they have
learned and achieved.
B. VILLAGE MANAGER - None presented.
C. VILLAGE CLERK - None presented.
12. ADJOURN TO CLOSED MEETING 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
The business to be discussed at the Closed Meeting was approved in the open meeting.
13. ADJOURNMENT
Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting
of the Board of Trustees at 9:07 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/ Linda K. Gonnella
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 17 of 17 APRIL 24, 2007