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Minutes - 05/24/2005 - Board of TrusteesMINUTES OF THE MAY 24, 2005 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JUNE 14, 2005. 1. CALL TO ORDER: The Regular Meeting of the Village Board of Trustees was called to order by President Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:31 p.m. The Pledge of Allegiance was given. 2 ROLL CALL: Deputy Village Clerk Carol Harty 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: Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village Manager; Dale L. Durfey, Jr. Village Engineer; Robert L. Kallien, Jr., Director of Community Development; Margaret Klinkow, Library Director; Darrell J. Langlois, Finance Director; Michael J. Meranda, Director of Public Works; Thomas Sheahan, Chief of Police; Nelson Patras, Interim Bath & Tennis Club Manager and Thomas McEllin, Fire Battalion Chief. 3. PRESIDENT'S OPENING COMMENTS: President Quinlan welcomed everyone to the Village Board meeting and he hoped that the meeting would be a productive meeting. 4. RESIDENT /VISITOR COMMENT: Resident Nancy Hayden and Melissa Salazar both requested that they defer their comments of the Oak Brook Library's Landscape Plan to when the Board of Trustees addresses that agenda item in the meeting. 5. APPROVAL OF MINUTES: A. Special Board of Trustees Meeting of April 28, 2005 Motion by Trustee Sanford, seconded by Trustee Yusuf, to approve the Minutes of the Special Board of Trustees Meeting of April 28, 2005 as presented. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 1 of 23 May 24, 2005 5. C'l B. Regular Board of Trustees Meeting of May 10, 2005 Trustee Aktipis and Kennedy noted there were minor grammatical changes that would not affect the wording of the minutes as presented and submitted their comments to the Deputy Clerk Harty. Motion by Trustee Aktipis, seconded by Trustee Kennedy, to approve the Minutes of the Regular Board of Trustees Meeting of May 10, 2005 as amended. VOICE VOTE: Motion carried. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. President Quinlan asked that Agenda Item 6., K., Assessment Plat — Bohne — 3305 York Road, be continued as the information to this agenda item is not available and will be set aside for the Board to consider shortly. Trustee Aktipis asked that Agenda Item 6. A. 5) Kubiesa, Spiroff, Gosselar & Acker, P.C. - $6,202.40 be continued to the next Village Board meeting so that he could discuss this further with Trustee Kennedy. Trustee Kennedy explained that he did not wish to remove any item from the Consent Agenda but indicated in the polo agreement that there were several mistakes that should be corrected. Trustee Manofsky asked for a clarification on page 16 of the Village payouts of $3,100 for the Hurricane Soccer Team. Village Manager Boehm explained that the team does pay for their usage of the polo fields. Finance Director Langlois indicated that the payout was for rental equipment associated with the Village staffing the concessions for their tournament. Motion by Trustee Craig, seconded by Trustee Kennedy, 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. A. Accounts Payable for Period Ending May 20, 2005 - $545,565.26 Significant Items included in Above: 1) Debt Service Payment — 2001 Installment Contract Certificates - $74,718.76 2) Debt Service Payment — 2003 Installment Contract Certificates - $9,550.00 3) Civiltech Engineering —Payout #6 — 31St Street Bike Path Phase III - $18,273.53 VILLAGE OF OAK BROOK Minutes Page 2 of 23 May 24, 2005 6. A. 4) DuPage Water Commission - $165,213.30 6) Norton, Mancini, Weiler & DeAno - $644.00 B. Approval of Payroll 1) Pay Period Ending May 7, 2005 - $667,572.25 2) Police Retro Pay — May 19, 2005 - $43,058.58 C. Community Development Referrals D. Authorization to Seek Bids or Proposals or Negotiate Contracts: E. Authorization to Hire, Promote or Reassign Duties of Village Employees F. Budget Adjustments G. Treasurer's Report — April, 2005 H. DuPage Mayors and Managers Conference 2005 -2006 Membership Dues and Annual Assessment I. Regional Bike Trail - Salt Creek Greenway Trail — Amendment to the IDNR Grant Agreement J. 2005 Polo License Agreement: Don Healy, Polo Club L. A Resolution in Opposition to Legislation Relative to Fire Union Control Over Fire Pension Boards M. A Resolution in Opposition to Legislation Relative to Fire Department Personnel Serving in Public Office 7. ITEMS REMOVED FROM CONSENT AGENDA: 6. A. 5) Kubiesa, Spiroff, Gosselar & Acker, P.C. - $6,202.40 Trustee Aktipis indicated that this item involves payment of legal fees to Attorney Kubiesa for representing the Village of Oak Brook relative to the Elmhurst Builders litigation. He requested that there are some issues he would like to discuss with Trustee Kennedy as the new liaison Trustee before he would vote on this subject. Motion by Trustee Aktipis, second by Trustee Yusuf, to continue this agenda item to the next Village Board meeting. Trustee Yusuf suggested that the discussion requested not be lengthy in order to move forward with the agenda items or recess the meeting for the two Trustees to discuss resolving the issue President Quinlan asked if the remainder of the Board of Trustees wished to continue this agenda item, discuss the matter or approve it. Trustee Kennedy explained that he did review the bill twice and in his opinion he found nothing of concern in it. He explained that the bill relates to the Elmhurst Builders litigation, the transition between Attorney Kubiesa when the prior Village Board insisted that he be removed from the case and given to Attorney De Ano, the Village Board's rejection of Mr. De Ano and the insistence that it move to yet a third attorney. He is VILLAGE OF OAK BROOK Minutes Page 3 of 23 May 24, 2005 7. 6. A. 5) satisfied that all of the charges are reasonable transitional charges when there is change in counsel in the midst of litigation. He stated that he is agreeable, if the Board wishes to continue the agenda item so that he could discuss this with Trustee Aktipis. President Quinlan asked Trustee Aktipis if he wished to withdraw his motion or to take a vote on continuance. Trustee Aktipis suggested that this agenda item be continued and move forward with it. President Quinlan stated there is a motion on the floor to continue this agenda item and asked for a roll call vote. ROLL CALL VOTE: Ayes: 1 - Trustee Aktipis. Nays: 6 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Absent: 0 - None. Motion failed. President Quinlan asked for a motion to approve the bill from Kubiesa, Spiroff, Gosselar & Acker, P. C. Motion by Trustee Yusuf, seconded by Trustee Kennedy, to approve Agenda Item, 6. A., 5) Kubiesa, Spiroff, Gosselar & Acker, P.C. - $6,202.40. ROLL CALL VOTE: Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 1 - Trustee Aktipis. Absent: 0 - None. Motion carried. 6. K. Assessment Plat — Bohne — 3305 York Road President Quinlan asked for a motion to continue this agenda item to the next regularly scheduled Village Board meeting of June 14, 2005 as the petitioner is still obtaining information for the Village Board to review. Motion by Trustee Craig, seconded by Trustee Kennedy, to continue Agenda Item 6. K. Assessment Plat — Bohne — 3005 York Road to the next Village Board meeting of June 14, 2005. VOICE VOTE: Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS: A. Village of Oak Brook — Title 14 (Subdivision Regulations) — Text Amendments The Village of Oak Brook has submitted a petition seeking approval of several text amendments to Title 14 — Subdivision Regulations of the Village Code of the Village of Oak Brook. The most recent amendments to Title 14 were approved by the Village in late 2002. A summary of the proposed amendments are as follows: VILLAGE OF OAK BROOK Minutes Page 4 of 23 May 24, 2005 8. A. 1. Section 14- 3 -3C11 — Add language requiring that all proposed improvements be designed and constructed in compliance with Section 8 -1 -3 of the Village Code. 2. Section 14- 4 -4Al2 — Add language requiring that hydrant benchmark information be submitted. 3. Section 14- 4 -4C3f — Delete language requiring that a letter of credit be notarized. 4. Section 14 -6 -1 — Add language requiring that proposed improvements be designed and constructed in compliance with Section 8 -1 -3 of the Village Code. 5. Section 14 -6 -2134 — Delete last sentence which requires when a water supply or sanitary system is not available, the minimum lot area shall meet the requirements of 14 -6 -3133 of the Village Code. 6. Section 14 -6 -3C3 — Delete existing language and replace with revised language relative to the sanitary sewer system. 7. Section 14 -7 -5 — Delete existing language and replace with revised language. Recommendation: The Plan Commission at its meeting on February 21, 2005, voted 6 to 0 to recommend approval of the proposed amendments as requested by the Village subject to the following change: Section 14 -7 -5 Insert the language "As required by the Village Attorney for proper language" In making this recommendation, the Plan Commission found that the proposed amendments were of a house keeping nature and that the Village had satisfactorily addressed the applicable factors for approval of a text amendment to the Village Code. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to concur with the findings of the Plan Commission and approve the requested text amendments to Title 14 — Subdivision Regulations of the Municipal Code and authorize the Village Attorney to draft the necessary ordinance for final consideration at the June 14, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. B. IL- Commerce Plaza, LLC — 2021 Spring Road — Text Amendment and Special Use to Allow Drive -in Banking At its meeting on May 3, 2005, the Zoning Board of Appeals reviewed a petition submitted by IL- Commerce Plaza, LLC, the owner of the office building located at 2021 Spring Road seeking approval of a special use in order to construct a drive -in banking facility. VILLAGE OF OAK BROOK Minutes Page 5 of 23 May 24, 2005 • A four -bay drive -in facility is proposed for the east side of the existing office building and will be designed to match to the existing architecture of the three building complex. The existing circulation pattern in the parking lot will be maintained and users of the drive -thru facility will be directed through the lot with the installation of directional signage. Recommendation The Plan Commission recommended approval of the request by a vote of 5 to 0. They requested that the applicant reconsider a modification to the parking lot. After studying the issues again the petitioner testified that the plan presented was the safest option and decided to keep the configuration as presented with additional signage added. By a vote of 4 to 0, the Zoning Board of Appeals concurred with the recommendation and findings made by the Plan Commission to approve the special use as requested subject to the following conditions: 1. That the traffic pattern of the special use may be revisited in the event there is a significant change in the uses where retail would be introduced into the office complex. 2. The proposed construction is to be in substantial conformance with the Site Plan as revised on page 12 dated April 14, 2005 and page O, dated March 5, 2005 of the case file, both prepared by Daniel Bleck Architects. In making this recommendation, both the Plan Commission and Zoning Board found that the applicant satisfactorily addressed all of the applicable factors required for a special use. In addition, no comments have been received from the neighboring property owners that the proposed special use will negatively impact any adjacent property. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested special use for a drive -in banking facility at 2021 Spring Road and authorize the Village Attorney to draft the necessary ordinance for final consideration at the June 14, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. Trustee Kennedy explained that Community Development Director Kallien has indicated that there are two motions on the Drive -in Banking facility. One motion is the text amendment to allow special uses for retail and drive -in banking and the other motion is the granting of the special use of that property for National City Bank to install and build the facilities. VILLAGE OF OAK BROOK Minutes Page 6 of 23 May 24, 2005 M a Motion by Trustee Yusuf, seconded by Trustee Kennedy, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested special use for a drive -in banking facility at 2021 Spring road an authorize the Village Attorney to draft the necessary ordinance for final consideration at the June 14, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. C. Library Landscaping The Library Commission has reviewed the garden design, endorses it as "ideal" and is anxious to have the garden in place as soon as possible. On the recent Patron Satisfaction Questionnaire conducted by Library staff, one of the highest priorities with respondents for Library initiatives was landscaping and outdoor seating. Library Director Klinkow has worked with the Friends of the Library since last summer to design a new entrance garden for the Library. The Friends participated in the selection of a landscape architect, choosing Land Design Collaborative from a group of four proposals. They also were solicited throughout the design process for suggestions for plant material and general appearance and generously paid for the design. The Village has budgeted $20,000 for the library gardens in 2005. In order to include as many planned features in the front entrance garden as possible and keep administrative costs low, Director Klinkow is acting as the general contractor on the project. Proposals were solicited, three landscaping firm proposals were received and they are working from the drawings and plant lists provided by Land Design Collaborative. The proposals are as follows: VENDOR COST ingren $99922 Phases 1 & 2 Landscape Natural $1406 - $23253 $12,633 Innovations paving Premier $1405 - $15199 $13,696 Landscape paving Wingren's first phase includes improving soil with compost, providing trees, bushes, grasses and other plants in the central section of the garden. Phase two provides for improving the soil and planting the two outer wings (flanking the two front doors). The flagstone path between doors is proposed as an addition if further monies become available in the future. Wingren's proposal for phase 1 ($7,772) and phase 2 ($2,150) VILLAGE OF OAK BROOK Minutes Page 7 of 23 May 24, 2005 Ca is the lowest for a total cost of $9,922. Response to the Friends letter dated 5/19/2005: 1) The design is "elegant" and, to quote the Library Commission, "ideal" to our purposes. Neither the Library Director nor the Library Commission believes it should be changed in any significant way at this point. A garden committee was formed in the summer of 2004 included Nancy Hayden, Barbara Benezra of the Friends and Library Director Klinkow. They met with the designers and the committee members also met separately with Director Klinkow to discuss the design. Lead by Nancy Hayden, the garden committee chose Land Design Collaborative. Once received from Land Design Collaborative, the garden design was presented to the Friends at their Board meeting March 1St and to the Library Commission March 15th. The Library Commission formally endorsed the plan at their meeting. In addition, the design has been publicly displayed and available in the library since March, and has received the encouraged input from all sources. After waiting for a reasonable amount of time, staff solicited proposals from landscapers and contractors. Once the landscaper and patio proposals were solicited, the only feasible way to change the design is to initiate the entire proposal process again. Staff strongly believes that it proceeded cautiously and the Village has received the best design for the site. 2) Village Manager Boehm, Golf Club Manager Trey VanDyke, Golf Course Superintendent Sean Creed, and Library Director Klinkow met at the Library last fall and surveyed the area to be irrigated. It was this group's recommendation that watering for the small area of the front garden could easily be handled by Village gardening staff using hoses attached to the two spigots that flank the garden. It was recommended to the Village Board that the irrigation system be placed in the parking area to water trees on the parking island and behind the Library, where new trees were put in recently and needed the water to survive. The Village Board voted on November 9th to install the irrigation system as recommended. It is working well there now. 3) Soil amendment was included in the landscape proposal as recommended to the Board. It has always been essential that all the plants, trees and shrubs survive. 4) Many large shade trees would be out of scale in such a small garden and might obscure the two entrances to the library. The Library intends to put large shade trees in the parking area islands but not close to the library. 5) There are already ample and various low plants, some evergreen and some deciduous, provided close to the building that will keep mud from splashing on the VILLAGE OF OAK BROOK Minutes Page 8 of 23 May 24, 2005 8. 5) windows. 6) A central patio with handicapped accessibility and seating for readers is appropriate for the needs of Library patrons. It sends an important message to the citizens that they are welcome at the heart of our garden. 7) The plant material is appropriate, and was proposed by a professional landscape architect specifically for the site. 8) The Oak Brook Public Library has the Village landscape maintenance regularly scheduled at least twice a week. Village gardeners are eager to have the landscape installed and have already removed and reused around the Library most of the plant material that was in the front garden. It is necessary for a timely implementation of the plan that there is one manager for the project, and only one contact with landscape and patio contractors. Although staff welcomes informal input, making this a committee -run project would not be beneficial to the project. Trustee Aktipis indicated that he had met with Village Manager Boehm, Friends of the Library member Nancy Hayden and Library Director Klinkow as there is some disagreement as to what is the most appropriate plan for the garden design. Motion by Trustee Aktipis that this agenda item be continued to the next Village Board meeting so that all the parties concerned could discuss the areas of disagreement and develop a project that meets everyone's concerns. President Quinlan asked Friends of the Library member, Nancy Hayden, to address the Village Board at this time on this agenda item. Mrs. Hayden indicated that she has served on the Friends of the Library for sixteen years and that they have contributed approximately $200,000 in unrestricted funds to build the Village's Library. She stated that Library Director Klinkow has been very amenable to many things requested of her and the staff is very user friendly to the whole community. She explained that the Friends of the Library gave Director Klinkow a request for items that were important to her in completing the Library. The Friends have spent $40,000 to date of shelving, labor costs for re- arranging the shelving, sound, acoustical plans, lighting, design shades and Library programming. Mrs. Hayden stated the style of the Library is very modern and contemporary. The Friends of the Library underwrote a $9,000 landscape plan for the Library of which they have had very little input. The Friends critiqued the plan and their major concern is that there isn't a sprinkling system in front of the Library when there is mayor expense of plantings. She stated that it is her understanding that the Golf Course VILLAGE OF OAK BROOK Minutes Page 9 of 23 May 24, 2005 8. C. maintenance staff will take care of the new plant watering as there is a harsh exposure from the west. She further indicated that the Friends prefer to simplify the planting materials. They request simple elegance for the building as the soil conditions must be addressed. She indicated that the soil was totally denuded when the building was built and removed. In reviewing all of the concrete surrounding the Library with sidewalks, she suggested that a concrete aggregate being placed in front of the Library needs to be addressed. She prefers that low yews and grasses be planted to break the water dripping from the trellis overhang. She noted that the Friends of the Library want this plan to move forward but without costly mistakes for the Village. She believes that the residents have to be involved, as it is Oak Brook's community Library. She stated that the Friends would like to have input in this plan with the Library Director and Library Trustee even though it has already been bid out to landscaping companies. President Quinlan, indicated for the record, of the tremendous work of the Friends of the Library have done and contributed to the Village's Library. Melissa Salazar, Chairman of the Library Commission, explained that on March 15, 2005 the plans for the front garden were presented to the Library Commission and the members showed enthusiastic support for the project. At their regularly scheduled meeting last week, the Library Commission was made aware of the concerns of the Friends of the Library Board regarding the plans. After careful consideration of all points, a vote was taken and the plans were officially approved thereby reinforcing their support. Library Director Klinkow has submitted a letter in response to the Friends itemized list of concerns. After reading the responses, she hoped that the Board of Trustees realize that the Friends of the Library concerns represent areas where there has been miscommunication and do not represent concerns that should result in a further delay of this project. The garden area has been cleared and now sits empty By appointing a garden planning commission at this stage in the process, she believes would create an obstacle instead of providing assistance. The goal is to beautify the grounds of the Library and to create a patio area where all patrons may enjoy their love for reading outdoors. The Library Commission feels that the most efficient and appropriate solution is to proceed with the designer's plan. Professionals were consulted in order to design a plan esthetically beautiful but functional and appropriate for the space allocated. While the Library Commission is sincerely grateful to all of the Friends of the Library for their passionate support of the Library, they believe it is in the best interest of the Library's patrons and the residents to proceed with this project as originally planned. President Quinlan asked if the watering is capable of handling the new landscaping. Chairman Salazar indicated that the Library Commission feels that this is fine. Director Klinkow explained that Sean Creed, Golf Course Superintendent, has indicated to her there is no reason to install a sprinkler system in such a small area. Also the pavement in front of the Library would have to be torn up along with a VILLAGE OF OAK BROOK Minutes Page 10 of 23 May 24, 2005 8. C. sidewalk to install such a system. President Quinlan noted the concerns of the Friends of the Library and asked Chairman Salazar if she felt that a delay to the next Village Board meeting would allay the concerns or simply just delay. She replied that the Library Commission would prefer that this agenda item proceed this evening but if a delay is necessary they would support it also. She stated that she felt there was enough information presented to the Village Board at this time to proceed. Trustee Aktipis again stated his view that when several parties are involved in a project, the best manner in which differences may be resolved is by the close cooperation of those parties involved. The Library Commission has the statutory responsibility to make decisions and the Board of Trustees essentially reviews and approves them. He gave great credence to what the Commission suggests but on the other hand he believes that the Friends of the Oak Brook Library have contributed with interest and funding. He suggested, in an informal context, Library Director Klinkow, Commission Chairman Salizar and Friends of the Library Board member Hayden address their concerns. Trustee Manofsky asked why the sidewalks are large as brick pavers would soften the tone and absorb the heat better. She asked why install more concrete. Library Director Klinkow explained that they are establishing a center patio for the Library users. Using a concrete base with a pebble aggregate addresses handicap accessibility. The patio does absorb heat and they believe it will be attractive with landscaping. Director Klinkow indicated that this project has been in process since last June. Trustee Manofsky stated that the area doesn't appear to be large enough to be handicap accessible with benches also. Director Klinkow explained that the area is twenty (20) feet wide. Trustee Manofsky asked if brick pavers could be used. Director Klinkow stated that they could be used but that the proposed plan is the least expensive of the three bids that were received and one that shows a decorative design. Trustee Manofsky asked if a water feature is included. Director Klinkow explained that a water feature is in the proposal and it is hopeful that a patron will donate for it but presently that it is not proposed. President Quinlan suggested that this be continued for further review by staff to determine if further funding could be made available for this project. Trustee Sanford stated that he has received telephone calls from the Friends of the Library and there is concern but everyone wants to move forward with the plan. He voiced his concern that delaying the project would make it difficult for plantings to survive. He asked if a two -week delay would be detrimental to the plantings at this VILLAGE OF OAK BROOK Minutes Page 11 of 23 May 24, 2005 8. C. time. President Quinlan indicated that he does not believe this would make a difference at this time of the year. Trustee Sanford agreed that a delay would give an opportunity for consensus amongst the Friends of the Library, the Library Commission and Library Director Klinkow. Trustee Kennedy noted that Library Commission Chairman Salazar has indicated that there has been a lack of communication with the Friends of the Library and also concurred that it would be well to continue this for the concerned parties to address the concerns. He stated his concern that if the plan is radically changed, won't a request for proposal (RFP) process be required and then time will be too short for the project. Village Manager Boehm agreed that it is a concern that the planting season may be missed for this year or could possibly occur this fall. President Quinlan noted that the motion had not been seconded for discussion. Motion by Trustee Aktipis, seconded by Trustee Yusuf, that this agenda item be continued to the next Village Board meeting of June 14, 2005 so that all the parties concerned could discuss the areas of disagreement and develop a project that meets everyone's concerns. VOICE VOTE: Motion carried. D. Concrete Patio — Library continued from May 10, 2005 The Library has worked with the Friends of the Library to design a new entrance garden. The Friends participated in the selection of a landscape architect, gave suggestions for plant material and general appearance, and paid for the design. The Library Commission has reviewed the garden design and is anxious to have the garden in place as soon as possible. On the recent Patron Satisfaction Questionnaire conducted by the Library, one of the highest priorities with respondents for Library initiatives was landscaping and outdoor seating. The Village has budgeted about $20,000 for the library gardens in 2005. In order to include as many planned features as possible and keep administrative costs low, Library Director Klinkow is acting as the general contractor on the project. Proposals were solicited, and there are three concrete patio vendors working from the drawing. They offered several solutions. The one staff recommends supplies 5" of concrete surfaced with colored pebbles in a decorative design and sealed. It is the lowest cost proposal. Motion by Trustee Kennedy, seconded by Trustee Manofsky, that this agenda item be continued to the next Village Board meeting of June 14, 2005. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. VILLAGE OF OAK BROOK Minutes Page 12 of 23 May 24, 2005 Nays: 0 - None. Absent: 0 - None. Motion carried. 9. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS 1) Health Benefit Consultant With the approval of the Village Board, staff solicited a Request For Proposals for a Health Benefit Consultant. The consultant assists the Village staff with review of the third party claims administrator, placing stop loss and life insurance, and general monitoring and review of self - insured health plans. Currently, the Village utilizes Hub Group, formerly Mack and Parker, who has served as our consultant since the Village successfully moved away from the broker arrangement in an effort to avoid costly percent -of- premium based commission fees in the mid 1990s. The Village is self - insured for all claims on a per individual basis for the first $75,000 of claims in a given plan year (July 1 to June 30). The Village secures Stop Loss Coverage for claims that exceed $75,000 (over specific) per individual or 125% of aggregate claims. The Village health benefit program has approximately 175 employee and 30 retiree (retirees /COBRA employees on the traditional insurance plan who pay 100% of the equivalent premium for their coverage) lives in the program, plus eligible dependents. The Oak Brook Park District also piggybacks on the Village's plan paying the full premium cost for all eligible individuals. The program itself is a three -tier premium system consisting of single, single plus one and family coverage for health, dental and vision coverage with network discounts through PHCS. In addition, the Village provides group term life insurance coverage. Over the past two years, the Village has seen a marginal rise in number of claims but has seen a dramatic increase in the number of individuals with claims over specific. In the current year, the Village anticipates five (5) individuals will be over specific, whereas in past years, the Village averaged at most one (1) individual over specific. In addition, the Village was also layered in 2004 on one individual in the program due to a known diagnosis /treatment at the time of the last renewal. Therefore, the two (2) most critical elements in selecting this consultant is to contract with a firm with strong exposure and knowledge in the Stop/Loss market and a firm with experience negotiating agreement terms between plan providers and medical networks (PPOs) and prescription drug networks. VILLAGE OF OAK BROOK Minutes Page 13 of 23 May 24, 2005 9. C. 1) On May 6, 2005 the Village held a proposal opening and received four proposal responses. The companies that responded included Mesirow Financial, CBC Benefits, Richard Pucci and Associates, and Global Benefits. On Tuesday, May 17, 2005, the Village team of Darrell Langlois, Finance Director; Eileen Donahue, Pay and Benefits Specialist and Jeff Moline, Assistant Village Manager, met to individually interview two of the companies, CBC and Mesirow. These two firms were asked to overview their proposal, the services they would provide Oak Brook and to draw similarities between their relationship with other like- clients including number of lives, plan design, claims experience impact on the organization and recent market trends. Mesirow Financial demonstrated a strong understanding of the issues facing the Village of Oak Brook and the needs requested through the RFP. In addition, Mesirow has a wealth of experience in the health benefit market and provided many options, and additional services, for the Village to utilize during this anticipated difficult renewal. Mesirow Financial is proposing to perform all consulting services as outlined for a monthly retainer of $1,500 00 per month. Motion by Trustee Yusuf, seconded by Trustee Aktipis, to accept the proposal from Mesirow Financial on a monthly retainer basis in the amount of $1,500 to serve as Health Benefit Consultant to the Village of Oak Brook for the Health Benefit Program and direct staff to draft the necessary agreement subject to Village Attorney approval. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. D. Discussion of Proposed Policies for Village Board At the Board meeting of May 10, 2005 draft policies for the Village Board were introduced via memorandum. The memo requested a review of the policies with any feedback occurring prior to the next regularly scheduled Board meeting. Resident Quinlan remarked that at the May 10, 2005 Village Board meeting he had distributed to the Board of Trustees proposed policies for the Village Board and the Village President. He requested that the Board review the policies which included: agenda setting, meeting conduct, meeting agenda order, methods in calling special meetings, how the Village President recommends appointments to the Board for Zoning Board of Appeals, Plan Commission, other Commissions and Boards. One area not included is how office of the Village President would appoint the Chiefs of Fire and Police that was intentionally not included. This was to not overly constrain the Board of Trustees as to the various situations that may occur, as a new position is open. Trustee Sanford remarked how well the policies were written. He spoke with Zoning Board of Appeals Chairman Champ Davis and reviewed this with him also. It gives VILLAGE OF OAK BROOK Minutes Page 14 of 23 May 24, 2005 N objectivity and opportunity for all the residents interested to submit their resumes which goes through a democratic process for appointments. Trustee Kennedy concurred with Trustee Sanford and further indicated that procedures still must be addressed for fire, police and other department heads. He submitted several housekeeping corrections to President Quinlan of the policies. Trustee Manofsky also applauded his effort in the policy setting procedures. She suggested that the citizens of Oak Brook be aware that three positions will be open on the Zoning Board of Appeals and also the Plan Commission. She asked that the residents be made aware that the Village is accepting resumes for these positions. President Quinlan stated that the Village of Oak Brook is seeking concerned citizens to serve on the Zoning Board of Appeals and Plan Commission. The Zoning Board of Appeals, Plan Commission and Board of Fire and Police Commission affect residents every day lives. The Zoning Board of Appeals and the Plan Commission affect the long -term face of the Village. Any residents may contact the Village President or Village Manager for a form to be completed for these positions. Trustee Craig asked if there was anything regarding term limits. President Quinlan stated nothing is in place at this time. Trustee Craig stated there is reason why the caucus doesn't endorse anyone after two terms and he suggested that the Board should consider how long a resident should serve on the various Boards and Commissions. President Quinlan reminded the Board that under the Village's form of government, the Board might not create term limits. The voters are the term limits and they will determine if a person is good enough to serve another term. He believes that in the last two voter turnouts that residents in Oak Brook were willing to share their voice. Trustee Aktipis commented that the new policies are a good undertaking, helpful and formalize the appointments on commissions. He said many of the issues that Trustee Kennedy has addressed in his memorandum reflect his views as well as they discussed these issues prior to the Board meeting. He noted that what is presently required to call a special meeting is for the Village President or three Board of Trustees to call a meeting. He believes that should be the only basis on which special meetings are called. He does not believe there should be additional restrictions relatively to calling special meetings because the assumption that if three elected Trustees believe there is a cause for calling a special meeting, a special meeting should be called. President Quinlan stated the objective was to try to set acknowledged guidelines amongst the Board of conditions of which should be adhered to calling a special meeting but not to limit the Board's ability to meet. The intent is to have a general consensus of this section of what constitutes the need for this. VILLAGE OF OAK BROOK Minutes Page 15 of 23 May 24, 2005 r• Trustee Aktipis suggested that there can be circumstances that the Trustees need to agree upon and one of them is forthcoming which will not be covered under the guidelines that are in this particular policy. He suggested that it should be the judgment of three Trustees or the majority of the Board of Trustees that will decide whether a special meeting is called. Trustee Kennedy remarked that this is a type of an agreement amongst the Board of Trustees and Village President of how they will proceed over the next two years. This policy defines the circumstances when three Trustees make their independent judgment whether they should or should not have a special meeting. The two grounds for this that President Quinlan recommended are namely a special meeting is held when a subject has to be discussed that otherwise would be discussed during an entire Village Board meeting or when a matter of urgency involving health, public safety or the business of the Village. President Quinlan stated he would incorporate the comments made by the Board of Trustees and return them to the Board for their review again. At the next Village Board meeting he will ask for a consensus of the Board of Trustees that these will be the policies in which the Board will operate which will signal a new spirit of the Board on how to proceed. E. Oak Brook Promenade Tax Increment Financing Proposal At the May 10, 2005 Board meeting, a Public Hearing was held on the proposal for the Village to create a Tax Increment Financing District for the Oak Brook Promenade. At that meeting the Board of Trustees authorized the retention of a consultant to provide a financial analysis of the proposal. A consultant has been retained; however it may be several weeks before the work is complete. Therefore the Board's consideration on this matter should be continued. President Quinlan asked for a motion to continue this agenda item to the next opportunity for the Board to meet. He explained that some measures have been taken for the Oak Brook Promenade Tax Increment Financing Proposal (TIF Proposal) but have not been completed in time for the Board of Trustees to make a decision for or against this proposal. At the last Village Board meeting, the Board directed Trustees Kennedy and Yusuf with Village Manager Boehm to hire an independent financial consultant to consult the Board to insure that the financial needs described by the petitioner are correct. The petitioner has submitted all the requested information to the consultant. No less than three days after the Board of Trustees receives the final report from the appraiser will be the timing for calling a special meeting by the Village President. He recommended that the entire Board be in attendance of this meeting Motion by Trustee Kennedy, seconded by Trustee Aktipis, to continue this agenda VILLAGE OF OAK BROOK Minutes Page 16 of 23 May 24, 2005 9. E. item and to increase the authority of Village Manager Boehm, Trustees Yusuf and Kennedy to $10,000. He suggested that additional work might be requested from the expert in order for him to give a solid opinion to the Board of Trustees. Trustee Aktipis asked to discuss this process. He believes that he has a unique perspective in this area of evaluating a TIF proposal. In this perspective, he has personal experience from the point of view of the municipality as well as from the point of view as the developer. He had six prior years of experience with the Plan Commission as Chairman before becoming a Trustee and then subsequently as Trustee liaison with the Plan Commission and Zoning Board of Appeals under the administration of President Bushy and then President Quinlan. He has been a developer of retail centers in other areas of the western suburbs and more to the point he believes that he has had personal experience in advocating the establishment of a TIF from the developer's point of view. He stated he has a good familiarity and understanding with the process of advocating the need for a TIF. During the last meeting, by requesting the developer to provide the Board of Trustees with the financial documentation that he has used to do a feasibility study on this project, he believes that he could provide substantial input to the Board in evaluating the project. He is disappointed that he has not received any of that information. Therefore, he believes that the alternative option that Trustee Kennedy has proposed, namely, the hiring of a consultant is an important step to make certain that the TIF is justified. He has read the proposal from the consultant and he does not believe that there is enough information for the Board to make an intelligent judgment. He feels there is a number of items to be provided by the consultant: 1) an appraisal of the current value of the land, 2) the cost of preparing and redeveloping the land, 3) the anticipated cost of building a shopping center of the nature that the developer is proposing and 4) income that the developer will receive once the property is fully developed and what projection could be made as to value of the final project. If these numbers are given to the Board, then the Board will be able to determine if the project will provide sufficient profit for the developer. President Quinlan called for a roll call vote on the motion on the floor. Motion by Trustee Kennedy, seconded by Trustee Atkipis, to continue the Tax Increment Financing District Proposal for the Oak Brook Promenade. VOICE VOTE: Motion carried. 10. NEW BUSINESS: VILLAGE OF OAK BROOK Minutes Page 17 of 23 May 24, 2005 10. A. CONFIRMATION OF APPOINTMENTS —None presented. B. ORDINANCES & RESOLUTIONS —None presented. C. AWARD OF CONTRACTS — None presented. D. AUTHORIZATION TO PURCHASE 1) Pavement Line Striper Machine Replacement Presently, small pavement marking jobs (stop bars, crosswalks, school crossings, some Village parking lots) are undertaken in house utilizing Village owned equipment and personnel while larger jobs (entire street lengths) are contracted out. Historically and predictably, pavement painting companies are not interested in the odd /small jobs as listed; hence the need for ones own equipment and know - how. As such, and knowing that the Village's present pavement line striper machine was, and is, on borrowed time and at the end of its useful life, staff included sufficient funds in the FY -05 budget to replace it. In addition to the need, the replacement unit will be an "airless" system that contains fewer "wear" parts (less maintenance), a better controlled spray (less paint — less overspray), and simplified controls (ease of operation — enhanced productivity). Though staff will take the Village's present unit to the next Mayors and Manager's auction, any offer above a couple of hundred dollars would be a plus. Motion by Trustee Kennedy, seconded by Trustee Yusuf, to authorize the expenditure of $5,595.00 for a replacement pavement line striper machine. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) Portable Restroom Services The Oak Brook Golf Club does not have permanent restroom facilities for eight months of customer use on the golf course. Therefore, the club rents 4 deluxe portable restroom facilities which are cleaned twice per week. One men's and one women's restroom is placed on both the front and back nine holes. Competitive quotes were obtained from Service Sanitation ($8,768.00) Batavia Can ($8,960.00) and Port- Able -John ($8,960.00). Service Sanitation had the lowest quote. The Village has used Service Sanitation for the past 5 years without significant problems with service. VILLAGE OF OAK BROOK Minutes Page 18 of 23 May 24, 2005 10. D. 2) Trustee Manofsky indicated that she is a regular golfer at the Oak Brook Golf Club and stated her disappointed with the company's service. She asked if their service could be improved. Village Manager Boehm responded that he will contact the company in this regard. Motion by Trustee Craig, seconded by Trustee Kennedy, that the Village Board authorize the issuance of a purchase order to Service Sanitation of Gary, Indiana in the amount of $8,768.00 to provide portable restroom services at the Oak Brook Golf Club. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) Telephone & Fiber Consulting Services Telephone System The Village Board, at its meeting of April 27, 2004, authorized staff to seek proposals from independent Telephone Consulting firms that could assist the Village in replacing its current systems (essentially a Centrex system with various standalone key or switch systems at some locations). The goal was to find firms that didn't also sell particular phone systems, in order to receive a somewhat unbiased analysis of both our telephone needs and a recommended solution Proposals were received on June 9, 2004 from 16 firms and interviews were conducted in September with the 4 most qualified. Following interviews, the list was narrowed to 2 finalists — Indaplex, Inc., and Technical Design Services, Inc. (TDSi). These finalists then submitted slight revisions to their proposals, in response to questions by the Village's Review Team. At that point of the process, the Village's Review Team chose to delay a recommendation in order to see if staff could save time and money by purchasing an improved telephone system directly from SBC. Staff met with SBC to discuss options that would both improve the quality of our telephone system, and perhaps save some consulting costs. The thought was that if SBC had a `sole- source' solution (that only SBC could supply), the Village could save both time and money by going with an SBC solution. In March of this year, SBC came back to the Village with what they felt was the best option — a Nortel in -house telephone system, with a total system cost of approximately $180,000. Staff is not recommending the SBC solution for the following reasons: 1. Nortel is a product that could be purchased from multiple vendors, and therefore to accept SBC's proposal would be anti - competitive. VILLAGE OF OAK BROOK Minutes Page 19 of 23 May 24, 2005 10. D. 3) 2. Staff could bid the solution proposed by SBC using their product spec, but then the Village would be relying on SBC (a vendor trying to sell a product) to tell staff the kind of system needed (not an unbiased source). 3. Section 1 -7 -4 -A of the Village Code requires a competitive selection process, as follows: Formal Contract Procedure: All construction or other public improvements and all purchases, orders or contracts for supplies, commodities, equipment or services, except as otherwise provided herein, when the estimated cost thereof shall exceed ten thousand dollars ($10,000.00), shall be purchased from the lowest responsive and responsible bidder or proposer after due notice inviting bids or proposals, unless the village waives the competitive bidding or request for proposal process by a vote of two - thirds (2/3) of the village trustees then holding office. Instead, staff recommends that the Village hire TDSi (an independent consultant) and have them prepare an RFP that encourages competition between competing solutions and vendors. Hiring a consultant also gives the Village an unbiased view of the Village's needs (based on their experience with other villages) and valuable oversight of the installation process. Fiber Optic Wide Area Network System Upgrades The Village installed a fiber optic wide area network (WAN) in 2001 -02. The system provides data communications between the Village Hall, Public Works, Sports Core Administration, Bath & Tennis Club, Golf Maintenance and the Golf Clubhouse. Although the system has performed well, it is time to make various improvements to the network. These upgrades to the system were budgeted as a separate project (need to be done with or without the telephone system project), but due to timing and TDSi's knowledge of such systems, staff's recommendation is to hire them to also process the fiber upgrades. The new telephone system will be using the fiber WAN to communicate with outlying buildings, so staff feel it's better to have a single consultant looking at both projects together. The fiber services to be performed by TDSi include developing an RFP for the required maintenance work, reviewing submitted proposals, recommending contract award, monitoring the quality of the maintenance work, and validating the contractor's test result. Proiect Costs The telephone system project, by itself, is projected to cost up to $215,000 This includes $31,225 for consulting services, $175,000 for the telephone system (top - end of what our system should cost), and $8,000 for miscellaneous in -house cabling in a few buildings. The projected telephone system cost is consistent with similar -sized projects elsewhere. VILLAGE OF OAK BROOK Minutes Page 20 of 23 May 24, 2005 10. D. 3) The fiber upgrade project should cost approximately $24,750 ($20,000 for upgrades and $4,750 for consulting). The combined cost for the telephone system and fiber upgrades is approximately $239,000. Our 2005 budget includes $213,000 for these projects. Although it is likely that these projects will extend into 2006, in the event they are both completed within 2005, a budget transfer within the Information Services Budget will be processed. President Quinlan explained that new information will be available to the Board of Trustees for their June 14, 2005 and requested a motion for continuance. Motion by Trustee Yusuf, seconded by Trustee Craig, to continue this agenda item to the next regular Board meeting of June 14, 2005. VOICE VOTE: Motion carried. E. Hawks Soccer Water Connection Fee Waiver Request Recently a letter was sent by the Hawks Soccer Club requesting that the Village of Oak brook approve its request to waive the water connection fees associated with their desire to irrigate the fields on McDonald Corporation property at Jorie Boulevard and Kensington Road. The Village has previously waived zoning application fees for this organization in relation to their use of this property for soccer. Water connection fees are assessed as an "impact" fee to the overall water distribution system. Fees charged in relation to connecting to the Village's water system are placed into the segregated water fund. The Hawks organization has already paid its contractor the reimbursement of the fees associated with the water connection. Those fees paid include a connection fee of $3,680; a meter fee of $459; and, permit and inspection fees of $181.50. According to the historical recollection of the Village's Public Works Director the Village has generally not waived water connection fees in the past. Staff would recommend a denial on the request of water connection fee waiver and a refunding of monies already paid to the Village. Trustee Manofsky asked if the $4,000 is a standard fee or a real cost to the Village of Oak Brook. Manager Boehm explained that it is a standard fee that the Village charges for tap on as an impact fee to the water system as there is more use on the Village's water system and water usage. The fee is allocated to the Water Fund for repair, replacement and upgrades of this system. Trustee Manofsky asked if the Village had ever waived the fee for a 501 C -3 company. Manager Boehm stated that homeowner VILLAGE OF OAK BROOK Minutes Page 21 of 23 May 24, 2005 10. E. associations were discounted when they performed area landscaping in their subdivisions. He indicated that these soccer fields are large with greater water usage and wear and tear on the Village's water system and that is why he recommended denial of the request. As part of the permit fee, the water connection fee has already been assessed and paid which includes the water tap fee, meter fee and the permit and inspection fee. President Quinlan suggested charging only the costs of the water meter fee. Public Works Director Meranda indicated the only actual cost to the Village would be the water meter fee. Trustee Aktipis suggested that a 50% discount be given to the Club. Trustee Kennedy concurred with the recommendation but noted that this would set a precedent. Trustee Yusuf suggested a 50% discount but to include the cost of the water meter fee. Motion by Trustee Manofsky, seconded by Trustee Yusuf, to reduce the water connection fees by 50% and pay the full meter fee by the Hawks Soccer Club. 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 announced that the resurfacing of 22nd Street has begun and will occur at night over the next two months. B. VILLAGE MANAGER — No report was given. C. VILLAGE CLERK — Deputy Village Clerk Carol Harty reported that door -to -door salesmen occur this time of the year. She indicated that solicitors are required to register with the Village and are given a permit when approved and must wear registration badges and honor the Village's signs of no soliciting and leave residents premises upon your request. If solicitors violate these requirements, the Police Department should be notified. She further explained that distributing handbills is not considered solicitation as long as they do not knock on resident doors 12. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting of the Board of Trustees at 8:52 p.m. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 22 of 23 May 24, 2005 12. ATTEST: s /Carol Harty Carol Harty Deputy Village Clerk VILLAGE OF OAK BROOK Minutes Page 23 of 23 May 24, 2005