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Minutes - 08/24/2004 - Board of TrusteesMINUTES OF THE AUGUST 24, 2004 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES -OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 14, 2004. 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 30 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, George T. Caleel, John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. ABSENT: None. IN ATTENDANCE: Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Kenneth Kubiesa, Village Attorney; Darrell J. Langlois, Finance Director; Michael J Meranda, Director of Public Works and Nelson Patras, Interim Bath & Tennis Club Manager. 3. RESIDENT /VISITOR COMMENT: President Quinlan announced that Congressman Henry Hyde, who represents a portion of the Village of Oak Brook, has sent an American flag flown over the U. S. Capitol and asked that it be flown on September 11, 2004. They will observe a special day in the history of the United States as the third anniversary of the cowardly attacks on the World Trade Center and Pentagon of September 11, 2001. He read Congressman Hyde's letter in its entirety to those in attendance of the meeting. He asked that Fire Chief Cronholm be given the flag and that it will be flown accordingly. Mr. Al Knuth asked for a variance with Hinsdale Sanitary District as he has a large bill for watering and that an Ad Hoc Committee be considered by the Board of Trustees to review this to see what may be done about sprinkling. He then commented on the McDonald's Corporation presentation from the last Board of Trustees meeting and he suggested that a motion should have been made to readjust the opportunity for McDonald's to make a presentation earlier on the agenda rather than at the end of the meeting. He stated that issues that were raised should have been discussed in a committee form as McDonald's proposal was approved by the Zoning Board of Appeals and Plan Commission He inquired as to who voted for the retirement package for former Police Chief Pisarek for the six months severance. He again commented to the Board of the $54,000 severance VILLAGE OF OAK BROOK Minutes Page 1 of 22 August 24, 2004 C� b 3. package. Trustee Aktipis stated that the Board of Trustees acted upon the recommendation of the Village President. Mr. Moinuddin Saiyed requested that both sides set aside the issue and work for a common goal for enhancing and strengthening the community and not indulge in disparaging remarks that could further damage the Village's image in our surrounding communities Manager Boehm discussed the Hinsdale Sanitary District issue as the Village Board has requested before for the Hinsdale Sanitary District Board to reconsider their fee charge for recycled water through irrigation systems There is a deduct system they have implemented for the irrigation systems. The Village has sent them a number of options that other districts use to assess and make the charges through irrigation systems. He did receive a letter from the Hinsdale Sanitary District that the Director has been directed by their Board to consider other alternatives. Trustee Aktipis requested that the Village Manager and Village Clerk refrain from scheduling closed meetings in the future. He stated the Open Meetings Act requires that the Board meet in open sessions so that the public may see the Board in action and the only exception he would accept to go into a closed meeting would involve a topic that is legally sensitive He would only attend a closed meeting if advised by an independent legal counsel that it is necessary to do so. Motion by Trustee Aktipis that the closed meeting scheduled on the agenda be canceled, seconded by Trustee Zannis. Trustee Caleel inquired as to the purpose of the closed meeting was to approve closed meeting minutes. Trustee Aktipis stated it was for the approval of closed session minutes for release to the public and the issue of the 2004 Salary Administration Plan. The Board had instituted an overall cap on the salary of employees of the Village of Oak Brook and the salary increases are capped at 7% for those employees moving through the grade for a combined salary adjustment and meritorious increases. He stated that the Village Manager has been approached by the Police Department that they are prepared to file a formal grievance but would rather have their issues raised to the Village Board with a hope that some resolution could be made. He indicated that they are free to come to a regular Board meeting to raise those issues but will not go into a closed meeting to discuss this Attorney Kubiesa explained the purpose of the closed meeting was to review the closed meeting minutes to decide what should be released and what should not be released to the public. If the Board could decide in open session what should be released without discussing confidential information then it could be done. Clerk Gonnella clarified that the four sets of July minutes of closed meetings have not VILLAGE OF OAK BROOK Minutes Page 2 of 22 August 24, 2004 3. been reviewed by the Board as the matters discussed involved personnel issues regarding the Police Chief. Trustee Aktipis stated the minutes from January through June, 2004 could be released to the public at this time. Trustee Caleel asked to discuss the Police Chief agreement before the motion is voted upon. He stated at the last Village Board meeting that Attorney Kubiesa was asked to give a legal opinion whether or not the Police Chief contract was valid. Attorney Kubiesa indicated it was a valid contract. Trustee Caleel recapped the May 11, 2004 Board meeting in which the Trustees discussed the terms of severance of Police Chief Pisarek. They discussed only two items what his severance pay would be and the fact that he wanted insurance coverage for himself and his wife until the age of 65 The Board voted against that issue and agreed upon COBRA. The second request was for one year severance and the Board did not concur with that and the Board discussed whether it should be three months or six months. He explained that three Board members concurred for a three month severance and three Board members concurred for six month severance. The Village President cast the deciding vote for six months. The Board adjourned from a closed meeting to the regular Board meeting and a motion was approved in open session according to the minutes he received. Trustee Caleel stated the Village Attorney cited the Rice case that no final action could be taken on a subject unless it was placed on the agenda as that item was not on the agenda. He indicated that the contract was drafted by an outside attorney on behalf of the Village of Oak Brook and its Board of Trustees and contained not only the severance pay but other multiple items including a gag order. He stated that nothing of that nature was discussed by the Board of Trustees and they did not authorize an outside attorney to prepare the severance contract. The Board assumed that any contract to be signed would be brought to the Board of Trustees in open session to be voted upon which was not done. He stated he disagreed with Attorney Kubiesa's legal opinion Attorney Kubiesa stated the Rice case involves the Open Meetings Act. He stated that the question he was asked by the Board was the validity of the contract. He indicated whether or not the Open Meetings Act was violated is not important to the issue of the validity of the contract as it was not part of his opinion. Trustee Caleel stated that when the Board adjourns to a closed meeting, that the Village President indicates to the press that no decision will be made and he stated that the entire situation is not valid and disagrees with Attorney Kubiesa's opinion. Trustee Caleel suggested that the contract should be made public. President Quinlan stated this is not a hearing but the Board of Trustees must proceed with the business at hand. Trustee 7annis asked Attorney Kubiesa if formal action was taken by the Board of Trustees without it being on the agenda. Attorney Kubiesa indicated that appropriate VILLAGE OF OAK BROOK Minutes Page 3 of 22 August 24, 2004 li� 3 action was taken by the Board of Trustees to authorize the severance contract for former Police Chief Pisarek. Trustee Zannis stated she hadn't seen the document. She suggested former Police Chief Pisarek is responsible to give his services until the end of the year and she asked President Quinlan why he didn't contact Chief Pisarek if he wished to stay. President Quinlan indicated that he did talk with the Chief and asked him if he wished to stay past his original retirement date and he indicated no. Trustee Zannis stated that he could have called him the night of the closed meeting and explained to Chief Pisarek that he was contractually obligated to work and he would have to respond President Quinlan reiterated again that he did not wish to work beyond his retirement date. Trustee Aktipis stated President Quinlan could have brought forth the contract and indicated to Chief Pisarek that he was violating his contract and his benefits would be eliminated. He indicated that it doesn't appear that President Quinlan exercised his duties to enforce Chief Pisarek's contract appropriately on behalf of the Village of Oak Brook. President Quinlan indicated that he would not debate contracts or legal issues in an open session but in a closed session and legally release the minutes afterwards. Motions by Trustee Aktipis, second by Trustee Zannis, that the Village Manager and Village Clerk refrain from scheduling closed meetings and cancel the closed meeting as scheduled on the agenda. VOICE VOTE: Ayes: Trustees Aktipis, Caleel, Craig, Korin and Zannis. Nay: Trustee Yusuf. Motion carried. 4 APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF JULY 27, 2004 CONTINUED FROM AUGUST 10, 2004 Trustee Aktipis read a resolution to request President Quinlan to appoint a permanent Police Chief at the next Village Board meeting of September 14, 2004. Motion by Trustee Aktipis, seconded by Trustee Korin, to approve a resolution that the Board of Trustees urges President Quinlan, for one more time, to present to them his choice for permanent Police Chief within one week of today with a goal of appointing a Police Chief at the next Village Board meeting of September 14, 2004. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis Nays: 0 - None. Absent: 0 - None. Motion carried. Motion by Trustee Caleel, seconded by Trustee Zannis, to approve the minutes of the July 27, 2004 Regular Board of Trustees meeting as amended. VOICE VOTE: VILLAGE OF OAK BROOK Minutes Page 4 of 22 August 24, 2004 4. A. Motion carried. B REGULAR BOARD OF TRUSTEES MEETING OF AUGUST 10, 2004 Motion by Trustee Aktipis, seconded by Trustee Korin, to continue the minutes of the August 10, 2004 Regular Board of Trustees meeting. VOICE VOTE: Motion carried Trustee Aktipis requested that the minutes be corrected of his remarks as they have not been accurately recorded and he will give Clerk Gonnella his changes. 5 CONSENT AGENGA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda. Trustee Zannis asked that 5 D.1, RFP for Bath & Tennis Club Management, be removed for further discussion. Motion by Trustee Caleel, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE. Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis Nays. 0 - None. Absent: 0 - None. Motion carried. A. ACCOUNTS PAYABLE FOR PERIOD ENDING AUGUST 20, 2004 - $589,155.43 Significant Items included in Above: 1) Civiltech Engineering — Payout #10 — York/Harger Bike Trail Phase III - $29,385.98 2) DuPage Water Commission - $264,546.82 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING AUGUST 14, 2004 - $658,578.34 C. COMMUNITY DEVELOPMENT REFERRALS 1) 970 PAULY LLC - CF 2020 SWIFT LLC — 2020 SWIFT DRIVE — VARIATION — FRONT YARD PARKING REGULATIONS CONTINUED FROM AUGUST 10, 2004 D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE VILLAGE OF OAK BROOK Minutes Page 5 of 22 August 24, 2004 FAR 5. D. CONTRACTS: 2) RFP FOR BANKING SERVICES E. AUTHORIZATION TO HIRE PROMOTE OR REASSIGN DUTIES OF VILLAGE EMPLOYEES 1) PAYROLL /BENEFITS SPECIALIST F. AUTHORIZATION TO PURCHASE 1) ASPHALT PRODUCTS 2) MOTOR FUEL G ORDINANCE 2004 -PP -S -1081, AN ORDINANCE AUTHORIZING THE SALE, DONATION OR DISPOSAL OF CERTAIN ITEMS OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF OAK BROOK — MOBILE DATA TERMINALS H. 2004 ANNUAL CONTRIBUTION TO THE NORTHEASTERN ILLINOIS PLANNING COMMISSION 2004 — 2005 METROPOLITAN MAYORS CAUCUS CONTRIBUTION J. PLAT OF ABROGATION — STORM WATER CONVEYANCE AND MAINTENANCE EASEMENT — 301 ASHLEY COURT — LOT 6 WHITEHALL PARK K. TREASURER'S REPORT — JULY, 2004 6 ITEMS REMOVED FROM CONSENT AGENDA: 5. D 1) RFP FOR BATH & TENNIS CLUB MANAGEMENT Trustee Craig asked that Agenda 5.1). 1) to seek bids or proposals for the RFP for the Bath & Tennis Club management be delayed at this time due to the following changes by the Club's staff- It is unfair to the staff members who have worked very hard to make changes in the operation of the Club. Increased membership has made the Club more viable this year. "Family Night is Fun Night" on six Fridays during the summer has generated much positive response from members and sparked interest in booking events at the Club. Staff has cut costs significantly, including accepting pay cuts, in order to reduce costs and increase profitability. One of the three catering consultants has left and has not been VILLAGE OF OAK BROOK Minutes Page 6 of 22 August 24, 2004 6. 5. D. 1) replaced, events are being staffed with a smaller number of wait staff, and employees are performing in dual roles in many instances. Figures for this year are not yet available as to whether all of the above has increased the bottom line and cut losses at the Club. This should be of primary importance in deciding whether or not to seek outside management. It would be extremely disheartening to those who have brought about significant changes to not be given the courtesy of looking at the financials at the end of the year before seeking new management proposals. President Quinlan concurred with Trustee Craig but noted that the Board of Trustees had directed the Village Manager to proceed with a request for proposals. He asked that the Village not give up control of the Bath & Tennis Club operation. Trustee Zannis stated she did not believe in giving up control of the Bath & Tennis Club but indicated there is a lack of expertise or staffing requirements for catering She indicated it is difficult to compete in the banquet industry due to the Bath & Tennis Club's pricing not being competitive and the facility is not laid out to provide adequate banquets. She noted that smaller parties are being contracted which is labor intensive and the Club is not able to get the cost cutting measures of quantity purchasing. She suggested that the pool and tennis club will almost break even but the food service will not. She concurred with Trustee Craig to wait until the end of the year for the final results but that the Board made a commitment to the public by September 1, 2004 that the Board would be able to state should a Request for Proposals be proposed. She suggested that the Request for Proposal could be done and not award a contract until the first of year then it would allow staff to receive information to operate more efficiently that would add value to it. Motion by Trustee Zannis, seconded by Trustee Korin, to amend the motion to direct the Village Attorney to draft the final request for proposal to be presented to the Board for review. Trustee Caleel suggested that if the results from the Bath & Tennis Club operation are good then the Village will have spent funds to have the Attorney draft the proposal. He stated the Request for Proposal is in good form from Assistant Manager Moline and requested it be tabled. Motion by Trustee Caleel, seconded by Trustee Aktipis, to table this agenda item. VOICE VOTE: Motion carried. 7. BOARD & COMMISSION RECOMMENDATIONS - None. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS - None. VILLAGE OF OAK BROOK Minutes Page 7 of 22 August 24, 2004 Ill 8. B. ORDINANCES & RESOLUTIONS 1) RESOLUTION 2004- BD -CL- MIN -EXI -R -884, "A RESOLUTION APPROVING THE RELEASE OF CLOSED MEETING MINUTES " — JANUARY, 2004 THROUGH JUNE, 2004 The Board was requested at their July 27, 2004 meeting and their August 10, 2004 meeting to approve "A Resolution Approving the Release of Closed Meeting Minutes" At the Board meeting of July 27, 2004 that Agenda Item was tabled. At the August 10, 2004 Board meeting the Board approved the following motion: "to release the part of the minutes that relate to the subject under discussion and be free to discuss this in open session." The Village Clerk conferred with Village Attorney Carden and she concurs that this is not clearly defined as to the release of closed meeting minutes from January through June, 2004 as was requested Therefore, the Clerk brought this agenda item back to the Board for the approval as requested. Motion by Trustee Caleel, seconded by Trustee Aktipis, to pass Resolution 2004 - BD-CL- MIN -EXI -R -884, A Resolution Approving the Release of Closed Meeting Minutes. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None Motion carried. 2) RESOLUTION 2004- SD- FP +ZO -V -R -885 "A RESOLUTION GRANTING APPROVAL OF THE FINAL PLAT OF SUBDIVISION FOR MCDONALD'S SPRING ROAD RESUBDIVISION NO. 2 AND GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 14 -6 -3K OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE RELATIVE TO PUBLIC UTILITY EASEMENTS, AND REQUIRING A COVENANT AS TO SETBACK ALONG COMMERCE DRIVE ". On August 16, 2004, a special meeting was held by the Village Board with representatives of the McDonald's Corporation to discuss issues raised at the August 10, 2004 Board meeting relative to the planned development of a McDonald's restaurant and related site improvements at the property located at the northeast corner of 22nd Street and Spring Road As a result of that meeting, McDonald's has submitted the following revisions. Text Amendment Booklet • Exhibit 8.4.1 — providing revised monument sign details. VILLAGE OF OAK BROOK Minutes Page 8 of 22 August 24, 2004 A 8. B. 2) Special Uses Booklet • New Exhibit A — Landscaping — details revised landscaping along the 22nd Street frontage. • New Exhibit B — Landscaping — details revised landscaping at the 22nd Street access drive. • New Exhibit C — Landscaping — details revised landscaping at the Spring Road access drive. • New Exhibit D — Landscaping — details revised landscaping at the corner of McDonalds Drive and Commerce Drive including the elimination of 17 parking stalls. • New Exhibit E — Landscaping — details revised landscaping in the outdoor dining area • Page 10.7.1 a — Outdoor Dining Area — patio table selection. • Page 10.7.1 b — Outdoor Dining Area — new patio chair selection • Page 10 -8 1 a — Outdoor Dining Area — new patio bench selection • Page 10 -8.1 b — Outdoor Dining Area — new patio side table selection. • Page 10.9.1 — Outdoor Dining Area — new patio umbrella selection. Resolution R -885 approves the final plat of subdivision for the McDonald's Resubdivision No. 2 located at the northeast corner of 22nd Street and Spring Road. It also grants a variation from Section 14 -6 -3K of Title 14 ( "Subdivision Regulations ") of the Village Code. The Plan Commission heard testimony and found that the petitioner addressed the applicable standards required for a variation to subdivision standards. Thus, the Plan Commission recommended that a variation to the requirement for public utility easements along the rear and interior side lot lines. The Plan Commission also recommended approval of the final plat with certain conditions as outlined in the Resolution. Trustee Aktipis commended McDonald's Corporation for working with the Board of Trustees in resolving the issues the Board requested to be addressed. Motion by Trustee Aktipis, seconded by Trustee Caleel, for passage of Resolution 2004- SD- FP +ZO -V -R -885 "A Resolution Granting Approval of the Final Plat of Subdivision for McDonald's Spring Road Resubdivision No. 2 and Granting a Variation from the Provisions of Section 14 -6 -3K of Title 14 ( "Subdivision Regulations ") of the Village Code Relative to Public Utility Easements, and Requiring a Covenant as to Setback Along Commerce Drive ". ROLL CALL VOTE- Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 9 of 22 August 24, 2004 8 B. 3) ORDINANCE 2004- ZO -TA -G -758, "AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTERS 10, 11 AND 12 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE CONCERNING RESTAURANTS IN THE ORA -2 ZONING DISTRICT" The ordinance grants approval of text amendments to Chapters 10, 11 and 12 of Title 13 of the Village Code of the Village of Oak Brook to revise the allowable special uses for restaurant properties in the ORA -2 Zoning District, to include drive -in establishments for free standing restaurants; outdoor dining areas adjacent to restaurants; yards to be occupied by drives, parking, sidewalks, and landscaping; amending the signage requirements for free standing restaurants; and amending the requirements for parking for restaurants, where it can be located and its status as an accessory use. Motion by Trustee Aktipis, seconded by Trustee Caleel, for passage of Ordinance 2004- ZO -TA -G -758, "An Ordinance Amending Certain Sections of Chapters 10, 11 and 12 of Title 13 (Zoning Regulations) of the Village Code Concerning Restaurants in the ORA -2 Zoning District. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent. 0 -None Motion carried. 4) ORDINANCE 2004- ZO -SU -S -1082, "AN ORDINANCE GRANTING SPECIAL USES TO MCDONALD'S RESTAURANT FOR A DRIVE - THROUGH AND OUTDOOR DINING AREA ADJACENT TO A RESTAURANT" (McDonald's Restaurant, 1120 22 "d Street, Oak Brook, Illinois 60523) (A Portion of P.I.N. # 06- 23- 406 -006) 06 -23- 406 -009, 06 -23- 406 -010) This ordinance grants approval of special uses for a drive - through and outdoor dining adjacent to a restaurant on Lot 1 of the McDonald's Resubdivision No. 2 located at the northeast corner of 22"d Street and Spring Road, subject to the conditions set forth in the Sections 2 and 3 of the ordinance. Motion by Trustee Aktipis, seconded by Trustee Caleel, for passage of Ordinance 2004- ZO -SU -S -1082, "An Ordinance Granting Special Uses to McDonald's Restaurant for a Drive - Through and Outdoor Dining Area Adjacent to a Restaurant ". ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent- 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) 2004 WATER MAIN & DRAINAGE VILLAGE OF OAK BROOK Minutes Page 10 of 22 August 24, 2004 8. C. 1) Six sealed bids were opened on Tuesday, August 17, 2004. Bid Packages were picked up by 15 companies. Rocks -Ann Construction has substantial experience doing this type of work. Staff has reviewed and received adequate references. Work to be performed consists of replacing a water main on Windsor Drive, installing storm sewer and underdrain on Wood Glen Lane and Hunt Club Lane, and regrading parkway to eliminate a highpoint on Timber View Drive. Work is scheduled to be completed by December 25, 2004. Motion by Trustee Zannis, seconded by Trustee Caleel, that the Village Board award a contract to the lowest responsive and responsible bidder, Rocks -Ann Construction, subject to staff review, for the 2004 Water Main and Drainage Project based on the unit prices listed on the bid tabulation, for an estimated total contract price of $148,162.00. ROLL CALL VOTE - Ayes- 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. D. HARGER WOODS WATER SERVICE Earlier this year a request was made on behalf of the proposed developers to receive water service from the Village of Oak Brook for an unincorporated parcel of property along York Road between Roosevelt and I -88 (the site of the mini - warehouse proposal). The Board continued this water service request to allow staff additional time to look into this matter. A memo from Public Works Director Meranda summarizes the sentiments of the staff. Although the proposed land use is residential, by providing water service to this property, the developer would have the option to seek DuPage County approvals as opposed to coming through the Village process to evaluate all aspects of the project; the developer has said verbally that they would build the development to Village standards. Public works has determined that the water use from this development is "inconsequential "; however there are other developments in other areas outside of incorporated Oak Brook that would likely apply for water service if this request is granted which would set a precedent. The combination of this request and anticipated future requests could add up to have a substantial effect on the Village's overall water system. It is recommended that this request for water service in unincorporated Oak Brook be denied. VILLAGE OF OAK BROOK Minutes Page 11 of 22 August 24, 2004 8 D. Trustee Yusuf asked if the Village could consider annexing the property to have control over it. Manager Boehm stated the real concern is if it is approved that it would set a precedent for other areas outside of the certificated area. He indicated annexation may, be a better control of this then it would automatically receive Village water. Trustee Yusuf stated that this should be investigated further Trustee Caleel stated there is no benefit to annex property as the Village receives no taxes but increase costs to the community. Trustee Yusuf stated it is a private road and since it is so small to consider annexing it. The developer Frank Giudice addressed the Board and stated that they would be happy to annex into Oak Brook as they are completely surrounded by Oak Brook He noted that it is a private road with a gated community of 27 units on seven acres for adult living only He suggested there will be no impact to the schools, none for public works and only for public safety protection. Attorney Kubiesa stated the developer could petition the Village of Oak Brook for annexation pursuant to an annexation agreement that could be done separately. Motion by Trustee Zannis, seconded by Trustee Yusuf, to deny the request for water service to an unicorporated area of the Village of Oak Brook - Proposed Harger Woods Subdivision. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays • 0 - None Absent- 0 - None. Motion carried. President Quinlan encouraged the developer to work with staff to consider annexing the property to Oak Brook 9 NEW BUSINESS• A. CONFIRMATION OF APPOINTMENTS - None. B. ORDINANCES & RESOLUTIO 1) ORDINANCE 2004- LC -AL -G -757, "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 T .TCFNCFC Marshall Field's Chicago, Inc. has been purchased by the May Department Stores Company who has submitted an application for a Class A -1 and B liquor license for their Marshall Field's store located at One Oakbrook Center. Ron Murphy VILLAGE OF OAK BROOK Minutes Page 12 of 22 August 24, 2004 9. B. 1) remains as their Liquor Manager for their Bistro restaurant. The Bistro Restaurant floor plan or menu has not changed nor the location of the packaged liquor at the Market Place Deli as previously licensed by Marshall Field's Chicago, Inc. A representative of May Department Stores Company was in attendance at the Village Board meeting. Included with the recommendation is the Application for a Liquor License, certificate of insurance, menu and floor plan. It is also noted that the number relative to the Class of Licenses has been updated in the Ordinance. When McCool's Restaurant was purchased (formerly Finn McCoul's) and Village Gate Tavern was closed, the number of classes was not reduced. Provided that all ordinance requirements are met, the Local Liquor Commissioner Kevin Quinlan would presumably issue a Class A -1 and B Liquor License to The May Department Stores Company d/b /a Marshall Field's, Inc Trustee Korin asked for a clarification that when a liquor licensed establishment closed that the liquor license was dissolved Attorney Kubiesa stated that the number was not reduced accordingly when establishments were closed Clerk Gonnella clarified that with the change in the Legal Department of a new Legal Secretary that this process was not explained to the new Secretary. Motion by Trustee Caleel, seconded by Trustee Korin, for passage of Ordinance 2004- LC -AL -G -757, 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 Licenses. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) ORDINANCE 2004- TC -RR -G -755, "AN ORDINANCE AMENDING_ CHAPTER 2 (TRAFFIC) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK The Village Manager's office received a request to place a yield sign on Camelot Drive as it intersects with Regent Drive In response to this request a study was conducted by the Village Engineering Department which concluded that a yield sign at the above - mentioned location would be appropriate to reduce the possibility of accidents, especially during the heavier traffic during school hours. Motion by Trustee Zannis, seconded by Trustee Korin, for passage of Ordinance 2004- TC -RR -G -755, An Ordinance Amending Chapter 2 (Traffic) of the Village Code of the Village of Oak Brook. ROLL CALL VOTE: Ayes- 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays • 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 13 of 22 August 24, 2004 L212, 9. B. 3) ORDINANCE 2004 -LC -TA -EXI -G -756, "AN ORDINANCE AMENDING SECTIONS 4 -2 -3 -1 (CAB COMPANY LICENSES) AND 4 -2 -3 -2 (TAXICAB DRIVER'S LICENSES) OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS Village Clerk Gonnella, Deputy Village Clerk Harty and Det /Sgt Weber have reviewed the present Taxi Ordinance and have requested an update to the Ordinance due to the following changes: electronic background checks are processed by the Illinois State Police rather than in -house fingerprinting; Det. /Sgt. Weber requested the proper wording of driving violations in which a cab driver is denied a cab driver license; clarification of naming the Village of Oak Brook as a party insured on the Certificate of Insurance and a correction of the size of photographs to be submitted for a taxi driver's license. Motion by Trustee Korin, seconded by Trustee Caleel, for passage of Ordinance 2004 -LC -TA -EXI -G -756, An Ordinance Amending Sections 4 -2 -3 -1 (Cab Company Licenses) and 4 -2 -3 -2 (Taxicab Driver's Licenses) of Title 4 of the Village Code of the Village of Oak Brook, Illinois ROLL CALL VOTE - Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) PROFESSIONAL ENGINEERING SERVICES — 2005 PAVING PROJECT The Board at this point on the Agenda addressed issues that were not placed on the Agenda. Motion by Trustee Korin, seconded by Trustee Zannis, to direct the Village Attorney to draft an ordinance governing temporary and acting appointments that would mirror what the Village ordinance states for permanent appointments and specifically to include the requirement that the Village President would nominate an appointment and the Board would approve that appointment. VOICE VOTE: Motion carried. Attorney Kubiesa stated he would review the legality of this ordinance with State Statute as he was not aware of this motion at this time. Motion by Trustee Caleel, seconded by Trustee Aktipis, that no unbudgeted positions will take place without action from the Board of Trustees. VOICE VOTE: Motion carried Trustee Aktipis discussed the Attorney invoices to date and the previous Attorney Martens invoices that he requested by Manager Boehm. The compilation of invoices VILLAGE OF OAK BROOK Minutes Page 14 of 22 August 24, 2004 9. indicates both the Village Attorney costs and prosecutor costs are combined into one number so that the comparison may be done -side by side. He asked for this when in a closed meeting both Trustees Aktipis and Caleel inquired as to the appointment of Attorney Kubiesa whether the cost would be higher than the cost of Attorney Martens. President Quinlan assured the Board as well as Attorney Kubiesa there would be no increase cost in legal fees. In the meeting of August 12, 2003 the minutes reflect that President Quinlan announced that the Village would be budget neutral with the hiring of the new Attorney and maybe even a saving. Trustee Aktipis stated his dismay when he received the break down of costs between the two attorneys for the eleven months as Attorney Kubiesa with prosecutor fees invoiced the Village $223,796.42 an average of $20,342.67 a month. Attorney Martens with Village prosecutor fees billed the Village $102,373.64 or an average of $9,306.96 a month. On an annualized basis, the Village of Oak Brook has paid Attorney Kubiesa $134,000 higher than previous Attorney Martens. He indicated the Village went through some difficult financial times and the residents came to the rescue by approving a sales tax increase so that the Village budget could address the Village expenses. Motion by Trustee Aktipis that the Village Manager limit the Village Attorney's budget for the next twelve months for no more than $9,600 which represents the previous cost plus a 3% adjustment for inflation and the $135,000 approximate savings will be set aside for additional funds and direct the Village Manager to pursue resuming the collection of garbage free of charge to our residents. Attorney Kubiesa stated some of the factual basis by Trustee Aktipis for making the motion is incorrect and that it is unfair to the Village and he and he would like to have time to respond. Trustee Korin stated she had met with Attorney Kubiesa and voiced her concern of the invoices as it did represent the previous year's cost structure She indicated that Manager Boehm asked Finance Director Langlois to indicate other costs that are categorized in the legal budget. She stated this is a serious issue and that it needs to be discussed further and to review the costs that the Finance Director has been asked to formulate Trustee Caleel stated that these invoices should be placed on the Consent Agenda for approval by the Village Board. Trustee Yusuf stated that in 2003, $135,000 was spent on other legal services and in 2004 for eight months the fees were $48,000. He indicated there is approximately a $60,000 reduction cost. He stated he is not aware if the work is being done in house or outsourced and requested that this should be part of the information to consider on how to proceed. Motion by Trustee Caleel, seconded by Trustee Korin, to table to the next Village Board meeting to allow time for Attorney Kubiesa to respond and Finance Director Langlois' response of legal costs. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 15 of 22 August 24, 2004 9. Attorney Kubiesa will also give his legal opinion on this request. Trustee Korin stated other communities have such an ordinance so that no future difficulties will occur. Trustee Zannis reiterated that the Village Board is either not being made aware or not in agreement of hiring in unbudgeted areas without budget allocations being made, consultants being used without bidding processes or the Board not having knowledge of the billing fees, legal fees being 100% over budget, contracts being written by firms that the Board is not being made aware of or approving Motion by Trustee Zannis, seconded by Trustee Korin that any budget line item that exceeds 10% of its budget must come before the Village Board for approval. VOICE VOTE Motion carried Motion by Trustee Zannis, seconded by Trustee Aktipis that any outside contracting should be approved by the Village Board. VOICE VOTE: Motion carried. Trustee Zannis stated she had asked Manager Boehm how the Village Board is going to be represented by the TRO ( Temporary Restraining Order). Attorney Kubiesa stated pursuant to Judge Bonnie Wheaton's ruling that this Village Board may be legally represented and President Quinlan has to approve the legal representation Trustee Zannis asked President Quinlan how the Board of Trustees would receive legal representation. President Quinlan stated that the Board of Trustees is asking him to have the Village approve additional fees for legal representation for the Board of Trustees in action they took outside of their legal authority as Village Trustees. He stated that he pursued legal counsel and filed suit along with the Village Clerk. He indicated that the Trustees may hire outside legal counsel. Trustee Zannis formally requested that President Quinlan consider appointing legal counsel for the Board of Trustees. President Quinlan stated he will take this under advisement. Trustee Aktipis suggested that when President Quinlan takes one point of view and sues the Board of Trustees based on that opinion that President Quinlan could at least provide adequate legal representation for the Trustees as well. President Quinlan stated his disagreement with Trustee Aktipis as the Board has questioned the expenses of the Village and over expenditures and believes their action was illegal and he will take it under advisement. Trustee Craig stated he is favor of the free garbage pickup! Trustee Zannis asked Manager Boehm to describe the reorganization of the Communications Center. He stated for many years it was organized under the Police Department as the primary communication tool for the Village's Police Department, Fire VILLAGE OF OAK BROOK Minutes Page 16 of 22 August 24, 2004 9. Department, Public Works Department and as part of the Emergency Operations Center. Several years prior it was placed under the Village Manager's office when it was moved physically out of the Police Department. A decision was made at that time. He recommended that the Communications Center is best supervised by its law enforcement officials as they are properly staffed on a twenty -four basis seven days a week. In DuPage County all Communication Centers are organized under the municipal Police Department. In 2003, Chief Pisarek and Deputy Chief Haas discussed with the Village's Fire Department of placing it under the Police Department. Manager Boehm explained that he made a decision to reorganize the Communications Center out of his office under the Police Department. It was organized under former Sgt. Borkovec who designed plans to increase scheduling, coverage on midnight shifts, allow improvements in computer aid dispatching, update the standard operating procedures and improve the Village's public safety relations. There are two systems in the Communication Center one is the law enforcement agency's data system and the National Crime Information Center Access. Both systems are privileged items and the Village of Oak Brook is under agreement with the Illinois State Police. The agreement was signed by the Village and Police Chief on November 20, 2001 stating that the Village of Oak Brook Police Department agreed with the LEADS or State of Illinois Police Agreement. It stipulates that all the personnel in that area must be controlled by a sheriff, chief of police, authorized law enforcement supervisor, authorized criminal justice administrator or law enforcement official. In addition to his decision to reorganize under the Police Department, it is traditionally done so staff protects the Village's agreement with the Illinois State Police. There have been changes as a new Assistant Supervisor has been assigned to that Department, additional coverage and supervision of the Board by the Supervisor, improvements have been made in the computer aided dispatch and an update of standard operating procedures. Trustee Craig explained under the LEADS program a Communications Center does not have to have sworn personnel to operate the LEADS system. It is used for criminal records but a person must be trained and registered with the Illinois State Police. Ms. Heidi Parent, Field Specialist with Illinois State Police, addressed the Village Board indicating that part of her responsibility is the LEADS system and a person must be certified and under the direct control of a Manager of a Police Department. Ms. Parent stated in 1998 when the Village agency was audited by the Illinois State Police, it was discovered that the Village's Communication Center was not under the management control of the Police Department but the Village Manager. At that time the issue was raised that the Communication Center was in violation of the security standards, what was signed by the previous Police Chief was an interagency governmental agreement which allows the Communications Center to sign an agreement with the Village's Police Department that allows the Police Department to govern the aspects of the Center that would be LEADS related and that agreement is still in effect. It would now have to be signed by the new Police Chief. VILLAGE OF OAK BROOK Minutes Page 17 of 22 August 24, 2004 9. Trustee Aktipis stated in what way does that agreement require that the Communications Department has to report to a particular Police Department. Ms. Parent indicated that if the interagency agreement is signed, it would allow the Police Department to govern certain areas of LEADS related issues in the Communications Center. Trustee Aktipis asked Manager Boehm when the former Village Manager took the initiative to change, was he directed by the Village Board to do so. He indicated that he was told that the former Manager had moved it primarily because the Center had moved outside of the Police Department. Trustee Aktipis indicated that the former Village Manager was directed by the Village Board in an open meeting that the Department would stand as an independent unit. Trustee Aktipis asked Manager Boehm if he had asked the Board for advisement of his initiative to move the Communication Center under the Police Department Manager Boehm stated he did not because he felt it was under his authority of the day to day Village operations while staying within budget. He indicated that this was done approximately in May Motion by Trustee Zannis, seconded by Trustee Aktipis, to direct the Village Manager to place the Communications Center under the authority of the Village Manager and sign the interagency agreement to maintain the Village's legal obligations President Quinlan asked Ms. Parent if the Acting Police Chief may sign this agreement. Ms. Parent stated yes the Acting Police Chief could sign the interagency agreement Trustee Yusuf suggested the Communications Center would operate more smoothly with the Police Department as it works for every other town in DuPage County. Trustee Craig asked if the Communications Center moves under the authority of the Village Manager would the Village have to hire additional personnel? Manager Boehm stated there would be no additional costs. Fire Chief Cronholm explained to the Board that this move was put in place over a year ago because it was calculated it was better for the Police Department, Fire Department and better for the Communications Center. The timing was just coincidental of the change Trustee Zannis stated because changes were made without informing the Board that this is not correct Police Sgt. Mucha spoke to the Board as he stated he has been placed in charge of the Radio Room Supervisor as she continues to manage her personnel. The main driving force of bringing the Communications Center back under Police Department control is to have some control rather than none. In the short time that they have had control they have managed to correct a number of problems that were not addressed over the last six years because the past Village Manager and past Assistant Village Manager had no Communications Center experience. He has solved personnel issues, morale has improved and response time has not suffered and services to the community have continued. Police Chief Pisarek was the driving force for bringing it back to the Police Department when it was made clear by the Illinois State Police that the Village was VILLAGE OF OAK BROOK Minutes Page 18 of 22 August 24, 2004 �Aj 9. bordering on violation in signing that agreement. The majority of telecommunications work in the Center relates to NCI and LEADS. Trustee Zannis stated that the Police Department and Village Manager have an obligation to keep the Village Board informed and to make decisions with consensus. Trustee Caleel asked to call the question. Motion by Trustee Zannis, seconded by Trustee Aktipis, to direct the Village Manager to place the Communications Center under the authority of the Village Manager's office and sign the interagency agreement to maintain the Village's legal obligations. ROLL CALL VOTE: Ayes: 2 - Trustees Aktipis and Zannis. Nays: 4 - Trustees Caleel, Craig, Korin and Yusuf. Absent- 0 - None. Motion failed. President Quinlan announced that the Communications Center will remain where it currently resides under the Police Department. The Board returned to the Agenda Item 9. C. 1) PROFESSIONAL ENGINEERING SERVICES — 2005 PAVING PROJECT At the Village Board meeting of June 22, 2004, the Board authorized staff to negotiate a contract with James J. Benes & Associates, Inc. for Professional Engineering Services for the 2005 Paving Project. Staff has been working with the consultant and contract is ready to present to the Board of Trustees. This agreement utilizes the format previously approved by Attorney Carden and Purchasing Director Kapff. The 2004 Budget contains funds for the design of the 2005 Paving Project. The budget has been - structured such that the design work will be accomplished in 2004, the project bid in February of 2005, and then constructed within 2005 Funds for this construction project will be included in the 2005 Budget. The geotechnical services (material testing, asphalt density testing, concrete strength testing, etc.) are subcontracted to Testing Service Corporation (TSC). Due to organizing activities by IUOE 150, their cost structure for Field Technicians will change effective September 1, 2004. Their proposal within the Benes contract has made provision for work utilizing their anticipated higher wage rates. Previously, services performed by TSC were considered professional services and not considered to be subject to prevailing wage regulation. The unionization of the Field Technicians results in a 12% increase in the total cost for materials testing for this project in comparison to what the total cost would have VILLAGE OF OAK BROOK Minutes Page 19 of 22 August 24, 2004 9. C 1) been if unionization did not occur. Motion by Trustee Zannis, seconded by Trustee Caleel, that the Village Board approve the agreement with James J. Benes & Associates, Inc. for Professional Engineering Services regarding the 2005 Paving Project in the not -to- exceed amount of $127,617.00. ROLL CALL VOTE: Ayes- 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. D AUTHORIZATION OF USE OF POLO FIELDS - PRAIRIE STATE GAMES The Prairie State games is an amateur sports festival offering 28 Olympic -style sports in which competitions are held. DuPage County through the Convention and Visitors Bureau has been selected to host the games for the years 2005, 2006 and 2007. The DuPage Convention and Visitors Bureau have reserved 8,800 rooms for the games and intend to have a day at Oakbrook Center for the guests. The Games committee has selected the Oak Brook Golf Course for its golf venue and would like to utilize the Oak Brook Polo Fields 42 and #3 for June 24 -26, 2005 for High School level Soccer competition. Last year the Village leased those fields to the Hinsdale Hurricanes for a similar time period for $3,000. A similar price was presented to the Committee who stated that they normally receive fields at no charge. In the interest of hosting 9 to 10 fields of soccer at a High School level; encouraging the families to stay, eat and shop in Oak Brook staff recommends that the Village authorize the use of the Polo Fields at a charge of $1,500 for 3 days with a $1,500 subsidy to the Sports Core for this event. It is further recommended that the subsidy be made either out of the General Fund or from the Hotel /Motel Tax receipts. This could be appropriately budgeted for in the upcoming process. In addition to the field rental the Village will have complete control over the food and beverage concessions Trustee Korin asked that fees be taken from the Hotel /Motel Tax receipts and not the General Fund. Motion by Trustee Zannis, seconded by Trustee Caleel, to approve authorizing Polo Fields #2 & #3 to be rented for June 24 -26, 2005 for the Prairie State Games at a cost of $1,500 plus a $1,500 subsidy to the Sports Core. ROLL CALL VOTE - Ayes 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis Nays: 0 - None Absent: 1 - Trustee Craig Motion carried 10. INFORMATION & UPDATES: VILLAGE OF OAK BROOK Minutes Page 20 of 22 August 24, 2004 10. A. VILLAGE PRESIDENT — President Quinlan stated his compromise of the permanent appointment of a Police Chief is that the Village Board or the Village President removes themselves from the process of the Police Chief selection. He has asked the PAR Group if they would compile a list of the current candidates, make the study and select three candidates. The PAR Group has asked from the Village to add their list of qualifications of a Police Chief and issue to them the unique criteria for Oak Brook. After the criteria are given to the PAR Group for their consideration, they will review all of the candidates. The Trustees may include their comments after the Board's criteria are given to them that all of the resumes be reviewed. The estimated cost is $3,750.00. The Board would pre - approve the list and President Quinlan will select from it. He suggested the Board may go into a closed meeting to discuss this and he will not attend so the Board may discuss his proposal. Trustee Aktpis asked how long President Quinlan thought it would take to complete this process. President Quinlan indicated by September 27, 2004 and that the Police Chief could be appointed at that next Board meeting. Trustee Aktipis asked who in the interim would be the Police Chief. President Quinlan stated that Acting Police Chief Carpino will remain. Trustee Caleel suggested that the Village Board go into a closed meeting. Trustee Aktipis remarked he declines to go into closed session as the Board should review President Quinlan's letter further. Trustee Zannis asked to discuss this issue now. Trustee Zannis suggested that the PAR Group will take the entire 44 resumes and review them. The company may or may not choose any of the candidates on the Trustee list or on the President's list. She stated her criteria are different than the President's criteria so how is the PAR Group going to decide President Quinlan indicated the PAR Group will have to use their professional judgment. President Quinlan suggested removing his selection from the top of the list and letting the candidates stand on their own. Manager Boehm explained that the PAR Group requested the Board members to individually respond and give their own personal criteria. Twelve interviews would be held then selected down to three Trustee Zannis asked if President Quinlan was requesting the Board members to relinquish their right to advise. He indicated that yes he was requesting the Trustees to give up their right to advise but that he is also relinquishing his ability to choose the candidate, to reduce the number of candidates and to produce the candidates of his choosing in order to complete this process. Trustee Zannis suggested that if the Board votes on October 1St then if someone gives a thirty day notice then they would begin work around November 1St. Trustee Zannis asked Attorney Kubiesa if there is something legal the Board should know in proceeding or is the Board giving up their statutory rights. Attorney Kubiesa explained that if there is a consensus amongst the Village Board members to proceed in this manner, it is perfectly legal. If not, then the Board VILLAGE OF OAK BROOK Minutes Page 21 of 22 August 24, 2004 10. A could not proceed as it would have to be unanimous. Trustee Aktipis indicated that President Quinlan maintains his statutory right to choose the candidate of his choice from the three candidates. President Quinlan stated that he does maintain the right to select. The Board adjourned the meeting at this point on the agenda. B VILLAGE MANAGER — No report was given. C. VILLAGE CLERK — No report was given. 11. 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, collective negotiating matters between the public body and its employees or their representatives and to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body. The Board voted to not go into a closed meeting earlier in the meeting. 12. ADJOURNMENT: Motion by Trustee Korin, seconded by Trustee Caleel, to adjourn the meeting at 9 35 p m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 22 of 22 August 24, 2004