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Minutes - 07/25/2006 - Board of TrusteesMINUTES OF THE JULY 25, 2006 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 125 2006. 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, Robert G. Sanford and Asif Yusuf arrived at 7:39 p.m. ABSENT: Trustee Kathryn F. Manofsky. IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant Village Manager; James Bodony, Fire Chief, Dale L. Durfey, Jr., Village Engineer; Robert L. Kallien, Jr., Director of Community Development; Michael J. Meranda, Public Works Director and Thomas Sheahan, Chief of Police. 3. PRESIDENT'S OPENING COMMENTS —None were presented. 4. RESIDENT /VISITOR COMMENT Resident Robin Zahran addressed the Board relative to the Police Chief. He felt that he deserved the support of the residents and the Village Board. He also commented on the Beard Subdivision issue and asked that the Board review the issue based on the facts. Stephen Link, attorney representing Mr. Ray Hoffman and Mr. George Medina, relative to the Water Service Request for property that they plan to develop asking for approval of the request for water service. President Quinlan responded that the Village is in negotiations with the City of Elmhurst relative to this request. Resident Michael Forutan addressed the Board relative to the Police Chief's fiscal responsibility versus the handling of an investigation without Board approval and presented a check in the amount of the invoice for the investigation. President Quinlan responded that he appreciated the gesture, but that legal counsel had advised that it was inappropriate to accept the donation for this particular purpose. Trustee Aktipis took possession of the check and assured Dr. Forutan that the check would be directed to the vendor stipulated. VILLAGE OF OAK BROOK Minutes Page 1 of 11 JULY 25, 2006 5. APPROVAL OF MINUTES — None presented. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Trustee Craig asked to remove item 6.A.4) Kubiesa, Spiroff, Gosselar & Acker — June Legal Fees - $10,688.00 for further discussion. Motion by Trustee Aktipis, seconded by Trustee Kennedy, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Sanford and Yusuf. Nays: 0 - None. Absent: 1 - Trustee Manofsky. Motion carried. A. ACCOUNTS PAYABLE FOR PERIOD ENDING JULY 21, 2006 - $627,918.43 Significant Items included in Above: 1) DuPage Water Commission - $217,925.69 2) The Kenneth Company— Payout #1 —Library Landscaping - $33,840.00 3) Halloran & Yauch, Inc. — Payout #1 & Final — Library Landscaping (Irrigation) - $7,540.00 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JULY 15, 2006 - $750,622.02 C. COMMUNITY DEVELOPMENT REFERRALS D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS E. BUDGET ADJUSTMENTS F. RATIFICATION OF EMERGENCY WATER MAIN BREAK REPAIR — RT. 83 AND 22ND STREET G. WAIVER OF FEES — OAK BROOK COMMUNITY CHURCH — 3100 MIDWEST ROAD H. MCKAY — 602 LAKEWOOD COURT — VARIATION — REAR YARD SETBACK 7. ITEMS REMOVED FROM CONSENT AGENDA 6. A. 4) Kubiesa, Spiroff, Gosselar & Acker — June Legal Fees - $10,688.00 Trustee Craig expressed concern for the expense for the defense of Ms. Mullins in the Gaik case. He asked for a copy of the ordinance that Trustee Kennedy has quoted which provides for this type of defense. President Quinlan directed Village Manager Boehm to provide copies for all of the trustees. Trustee Aktipis concurred with Trustee Craig's concern for incurring this type of legal expense and for an accounting of legal fees. VILLAGE OF OAK BROOK Minutes Page 2 of 11 JULY 25, 2006 7. 6.A. 4) Trustee Kennedy suggested that when the trustees receive their packets with the itemized list of expenditures that they contact him as the liaison for legal issues to receive an explanation. He addressed questions that trustees had raised at the previous meetings indicating that overall legal costs are currently less than previous years. Motion by Trustee Kennedy and seconded by Trustee Yusuf, for authorization of Kubiesa, Spiroff, Gosselar & Acker June Legal Fees for $10,688.00. ROLL CALL VOTE: Ayes: 3 - Trustees Kennedy, Sanford,Yusuf and President Quinlan. Nays: 2 - Trustees Aktipis and Craig. Absent: 1 - Trustee Manofsky. Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS —None presented. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS 1) BEARD'S RESUBDIVISION NO. 2 - CONTINUED FROM JULY 11, 2006 At the June 13, 2006 Board of Trustees Meeting the Village Board concurred with the Plan Commission recommendation to approve the Beard's Resubdivision No. 2 and requested variations and waivers to the Subdivision Regulations and authorized the Village Attorney to prepare the necessary resolutions for adoption at the June 27, 2006 Village Board Meeting At the June 27th Village Board Meeting the Village Board continued the approval of the resolutions prepared by the Village Attorney at the request of a neighboring resident. On July 11, 2006 the approvals were again continued at the request of the applicant Mr. Ken Beard because he was unable to attend that meeting. Community Development Director Robert Kallien explained that the issues by the objectors are relatively few and the Plan Commission viewed it as a routine application. There are four lots currently and with the changes there would also be four lots with just lot lines being moved. He explained that the major issue was related to access to one of the lots. It meets all of the provisions of the subdivision code and there was a unanimous vote for approval in the Plan Commission. Mr. Tobin Richter, attorney for Mr. Zubi, presented their opposing viewpoint via a Power Point presentation based on their interpretation that the proposal does not comply with the subdivision regulations. VILLAGE OF OAK BROOK Minutes Page 3 of 11 JULY 25, 2006 9. B. 1) Resident Robin Zahran addressed the Board relative to the impact this change would have for him. Motion by Trustee Aktipis, seconded by Trustee Sanford, to continue the final approval for this application to the August 8, 2006 Board of Trustees Meeting. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Craig, Kennedy, Sanford and Yusuf. Nays: 0 - None. Absent: 1 — Trustee Manofsky. Motion carried. C. AWARD OF CONTRACTS 1) WATER SYSTEM COMPUTER MODEL At the Village Board meeting of April 25, 2006, the Board authorized staff to proceed with Requests for Qualifications from consultants for an updated computer model of the Oak Brook water system. As staff explained in the July 7th Manager's Memo, staff received Qualification Statements from 9 consulting firms. Three (Baxter & Woodman, Inc., Crawford, Murphy & Tilly, Inc., and Strand Associates, Inc.) were selected as the three most qualified. CMT and Strand were interviewed; B &W was scheduled for Wednesday, July 5th but had to postpone until Monday, July 10th. Staff had scheduled this item to be on the July 11th Board agenda for approval to negotiate a contract with the most qualified firm but the delay made that problematic. Since time is of the essence for this work (August is the optimum time to perform calibration testing of the water system), staff suggested that the Board move ahead and negotiate a contract with the firm deemed most qualified. A draft contract would then be brought before the Board at this meeting for review and approval. The memo dated July 12, 2006 states that Baxter & Woodman, Inc. was deemed to be the most qualified firm. Staff negotiated the contract which utilizes the format approved by the Purchasing Department. The computer model will be utilized by both the Engineering and Public Works Departments. Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Village Board approve the contract with Baxter & Woodman, Inc. for an updated computer model of the Oak Brook water system in the not to exceed amount of $31,792.00. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Craig, Kennedy, Sanford and Yusuf. Nays: 0 - None. Absent- 1 — Trustee Manofsky. Motion carried VILLAGE OF OAK BROOK Minutes Page 4 of 11 JULY 25, 2006 9. D. REVIEW OF NEXTEL /SPRINT ANTENNAE TOWER: MUNICIPAL CAMPUS On April 28, 2005, the Village Board approved an agreement with Nextel for the replacement of the existing lattice communication tower located on the Oak Brook Municipal campus. However, with the merger of Nextel and Sprint, the agreement was put on hold. Since that time, Village staff has met many times with Sprint/Nextel and has negotiated a much improved agreement in terms of the benefits to the Village. The main difference between the current tower is the design; the existing tower is a lattice tower whereas the proposed tower is a monopole. The Site Plan would locate the new monopole tower near the base of the existing lattice tower. The lattice tower will be taken down and removed by Sprint/Nextel (staff is reviewing the option of retaining part or all of the tower to use at Fire Station 2 to improve radio communications for this station). The monopole will host all the existing antenna used by the Village for communications and allow Sprint/Nextel to install their cellular antenna panels at the top of the tower, 88', consistent with the existing tower. The plan is for the monopole and the cellular panels to be white in color to help the structure blend and be less obtrusive. Next to the tower, Sprint/Nextel would construct a 10' by 30' brick outbuilding that would house both the Village Communication cabinets and the Sprint/Nextel cabinets. The building will be peaked roof design and constructed of brick in colors to match the Public Works building. All HVAC units will be contained within a wood grain vinyl privacy fenced area proposed on the west side of the building between the Sprint/Nextel building and the Public Works building. In terms of landscaping, 14 evergreen trees (6' to 8' in height) will be spaced around the perimeter of the building for additional screening. In addition, video cameras will be installed to allow the Communications Center to monitor both the north and south doors of the proposed utility building. Due to the building and the tower reverting in ownership to the Village, staff has been looking to find the most maintenance free while aesthetically pleasing materials. During this review phase, Village staff were greatly concerned with two issues, RF Emissions and improvement of the current communications system. First, RF Emissions, or radiation caused by the cell tower or antenna, was reviewed by General Dynamics. According to the analysis conducted by Klaus Bender, P.E., Sprint/Nextel is will be at 0.153 %, well below the 5.00% threshold. Overall the Village would be at 6.55% with Sprint/Nextel which is in large part due to the DCERN (DuPage County Emergency Radio Network) at 3.899 %. This radio is typically exercised once per month in coordination with the County for testing purposes only. However, Sprint Nextel has agreed to replace this radio with a new "point -to- point" style antennae which will greatly reduce any output thereby improving overall RF Emissions. VILLAGE OF OAK BROOK Minutes Page 5 of 11 JULY 25, 2006 9. D. With regard to the Village's communication system, the Village was concerned the proposed monopole may cause interference with our existing systems and concerns were also raised regarding the age of the existing Village antenna and the viability of moving the antenna from the current location to the new tower. SiteSafe Inc., contracted by Sprint/Nextel, performed a Collocation Study and found that there would not be interference given the proposed design. The Village also retained Chicago Communications to review the studies and analysis presented by Sprint/Nextel to ensure the integrity of the Village system. In addition, the Village had Chicago Communications develop an inventory list to replace the current (8) Village antenna with new models and cable back to the Communication Center. Sprint/Nextel has agreed to pay for the new materials and cover the consultant costs from Chicago Communications. The final item was added simply as a safety net for our public safety officers. In the past few years, Police and Fire have had difficulty holding Nextel calls while in the Village building. Although, the proposal is engineered to remedy this problem, staff feels more comfortable requiring a BDA system (internal repeater) as a failsafe should reception problems continue with the new system to be installed. Staff will modify the existing Agreement to include all of the new items being covered by Sprint/Nextel and submit same for attorney review. Note, the original Agreement of 2005 was reviewed and redrafted by Ken Kubiesa and monies are being added to the agreement to cover his costs. Motion by Trustee Yusuf, seconded by Trustee Kennedy, to direct Village Staff and the Village Attorney to negotiate a Lease Agreement with Sprint - Nextel for a Monopole Communication Tower to replace the Existing Lattice Communication Tower. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Craig, Kennedy, Sanford and Yusuf. Nays: 0 - None. Absent: 1 — Trustee Manofsky. Motion carried E. IMPACT FORENSICS —PAYOUT #1 AND FINAL - $17,380.00 —CONTINUED FROM JULY 11, 2006 The matter of payment of a bill to Impact Forensics of Chicago was placed under the Accounts Payable section of the 6/27/06 Board meeting as a significant item. This matter was removed from the Consent Agenda for further discussion. The matter was ultimately continued by the Board to its meeting of 7/11/06 to allow the Village Attorney to opine as to whether or not the Village is obligated to pay the invoice. The matter was discussed and continued to the Board meeting of July 25, 2006. At the suggestion of a Trustee, Chief Sheahan negotiated with Impact Forensics a reduction Of $15400 (7.45 %) off the original bill. In addition, a Trustee questioned the Village Attorney's opinion on this matter. VILLAGE OF OAK BROOK Minutes Page 6 of 11 JULY 25, 2006 9. E. Trustee Aktipis expressed concern for the limitations placed on the payment of this bill. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to approve payment to Impact Forensics subject to a thorough review by the staff to determine if the charges are reasonable for the scope of work that was performed in a not to exceed amount of $17,380. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Sanford,Yusuf and President Quinlan. Nays: 2 - Trustees Aktipis and Craig. Absent: 1 - Trustee Manofsky. Motion carried. Motion by Trustee Craig, seconded by Trustee Aktipis to pay the bill unconditionally. ROLL CALL VOTE: Ayes: 2 - Trustees Aktipis and Craig. Nays: 4 - Trustees Kennedy, Sanford,Yusuf and President Quinlan. Absent: 1 - Trustee Manofsky. Motion failed. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS 1) AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES - KONA GRILL Kona Sushi, Inc. has made application to the Village of Oak Brook for a Class A- 1 Liquor License. Their new restaurant, Kona Grill, is located at 3051 Butterfield Road. Documentation requirements have been submitted. The applicant has requested that this application be brought before the Board for consideration at the Village Board's regular meeting of July 25, 2006. A representative of the establishment will be in attendance of the meeting. a. Application for a Liquor License b. Floor Plan c. Certificate of Insurance d. Menu Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of Ordinance G -806, "An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses" ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Craig, Kennedy, Sanford and Yusuf. VILLAGE OF OAK BROOK Minutes Page 7 of 11 JULY 25, 2006 10. B. 1) Nays: 0 - None. Absent: 1 — Trustee Manofsky. Motion carried 2) AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES - MC COOL'S TMS — CCS, Inc. has made application to the Village of Oak Brook for a Class A -1 Liquor License. The corporation has purchased McCool's which is located at 1600 16th Street. This requires a new license for the corporation and an application identifying the new owners. Documentation requirements have been submitted. The applicant has requested that this application be brought before you for your consideration at the Village Board's regular meeting of July 25, 2006. The menu and the floor plan of McCool's Place remains the same as the previous owners of McCool's. A representative of the establishment will be in attendance of the meeting. Motion by Trustee Kennedy, seconded by Trustee Sanford, passage of Ordinance G -807, "An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses." ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Sanford and Yusuf. Nays: 0 - None. Absent: 1 - Trustee Manofsky. Motion carried 3) A RESOLUTION APPROVING THE RELEASE OF CLOSED MEETING MINUTES Effective January 1, 1982, 5 ILCS 120/2.06 required that all public bodies shall keep written minutes of all their meetings, whether open or closed. The public body shall periodically, but no less than semi - annually, meet to review minutes of all closed sessions that had not been released to the public. At this time, it is recommended that certain minutes that no longer require confidentiality be released. Upon review of the minutes, it should be determined and reported in open session whether the need for confidentiality still exists as to all or parts of those minutes or whether the minutes no longer require confidential treatment and should be available for public inspection. The Closed Meeting minutes of January, 2006 through June, 2006 have been reviewed and items that require confidentiality have been redacted. The Village Board' closed meeting minutes of June 27, 2006, May 23, 2006 and the revision of March 14, 2006, have not ben completed for review at this time. They will be presented at the Village Board VILLAGE OF OAK BROOK Minutes Page 8 of 11 JULY 25, 2006 10. B. 3) meeting of August 8, 2006. The Village Clerk attended a Municipal Clerks of Illinois seminar, and attorneys from Ancel, Glink, Diamond, Bush DiCianni & Krafthefer, P.C. indicated that when closed meeting minutes are released to the public, the Resolution should include all of the previous minutes that were redacted and not released to the public. Therefore, in addition to identifying minutes to be released, resolutions will now include a listing of all of the closed meeting minutes of the Village Board that were previously reviewed by the Board and found to require continued confidentiality. Motion by Trustee Kennedy, seconded by Trustee Yusuf, for passage of Resolution R -945, A Resolution Approving the Release of Closed Meeting Minutes. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Craig, Kennedy, Sanford and Yusuf. Nays: 0 - None. Absent: 1 — Trustee Manofsky. Motion carried 4) AUTHORIZATION FOR DESTRUCTION OF VERBATIM RECORDINGS OF CLOSED MEETINGS The Village Board at their January 15, 2004 Board meeting approved Ordinance 2004 - VCODE- CL- MTG- PLCY -G -739 which required a verbatim record shall be kept of all meetings of the Trustees of the Village of Oak Brook and of all meetings of any other boards, commissions or other subsidiary "public body" of the Village of Oak Brook (as defined by the Illinois Open Meetings Act, 5 ILCS 120/2 et, seq,) which are closed to the public. Semi - annually, at the second regular Board meeting of the corporate authorities, in January and July, the agenda shall include the following item: "Authorization for destruction of verbatim recordings of closed sessions." The Village Clerk shall present a list to the corporate authorities of the dates of closed sessions where: 1. A verbatim recording exists; 2. The corporate authorities have approved the minutes of the closed meeting as to form, regardless of whether the minutes have been released for public review; and 3. There have been more than eighteen (18) months since the date of the closed meeting. The corporate authorities shall consider whether to authorize destruction of the verbatim recordings of those meetings. When ordered by the corporate authorities, the Village Clerk shall destroy the recording of that closed meeting in a suitable manner. Per State Statute, "The verbatim record of a meeting closed to the public shall not be open for public inspection or subject to discovery in any VILLAGE OF OAK BROOK Minutes Page 9 of 11 JULY 25, 2006 10. B. 4) administrative proceeding other than one brought to enforce this Act. In the case of a civil action brought to enforce this Act, the court may conduct such in camera examination of the verbatim record as it finds appropriate in order to determine whether there has been a violation of this Act. In the case of a criminal proceeding, the court may conduct an in camera examination in order to determine what portions, if any , must be made available to the parties for use as evidence in the prosecution. If the court or administrative hearing officer determines that a complaint or suit brought for noncompliance under this Act is valid it may, for the purposes of discovery, redact from the minutes of the meeting closed to the public any information deemed to qualify under the attorney - client privilege. The provisions of this subsection do not supersede the privacy or confidentiality provisions of the State or federal law." Per State Statute, this is being done in order to prevent a violation of the Open Meetings Act and in order to be in compliance with the State Statute. Motion by Trustee Aktipis, seconded by Trustee Yusuf, that the audio recordings of Village Board Closed Meetings of February 24, 2004; April 13, 2004; May 11, 2004; May 25, 2004; June 8, 2004; June 29, 2004; June 30, 2004 (9:00 a.m.) and June 30, 2004 (6:00 p.m.) be retained due to confidentiality of the recordings relative to litigation and personnel. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Craig, Kennedy, Sanford and Yusuf. Nays: 0 - None. Absent: 1 — Trustee Manofsky. Motion carried C. AWARD OF CONTRACTS — None presented. D. HOFFMAN — FOREST LANE /LINDEN AVENUE - WATER SERVICE REQUEST On May 31, 2006, staff received a letter from Ray Hoffman requesting Oak Brook water service for his proposed development of 18 -25 townhomes on 4 lots on Forest Lane in Elmhurst. After reviewing the issue, staff sent a letter to Mr. Hoffman denying his request for water service. Mr. Hoffman has requested an appeal before the Village Board of staff's position. Staff is currently in discussions with the City of Elmhurst concerning the possible transfer of the Oak Brook water system that lies north of Roosevelt Road to Elmhurst. This item should be postponed pending further negotiations with Elmhurst. Motion by Trustee Aktipis, seconded by Trustee Craig, to table this item to a future Village Board meeting after further negotiations with the City of Elmhurst have taken place. VOICE VOTE: Motion carried. 11. A. VILLAGE PRESIDENT — President Quinlan announced the Autumn Fest and VILLAGE OF OAK BROOK Minutes Page 10 of 11 JULY 25, 2006 11. A. thanked the corporate sponsors. B. VILLAGE MANAGER - Manager Boehm announced that the Village signed the contract with the vendor for the corridor revitalization project. And they will be making a presentation to the Board in the near future. C. VILLAGE CLERK — Clerk Gonnella iterated the entertainment that would be at the Autumn Fest. 12. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Yusuf, to adjourn the Regular Meeting of the Board of Trustees at 9:03 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 11 of 11 JULY 25, 2006