Minutes - 08/28/2007 - Board of Trustees (2)MINUTES OF THE AUGUST 28, 2007 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
SEPTEMBER 25, 2007.
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:37 p.m.
The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy,
Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin.
ABSENT: None.
IN ATTENDANCE: David Niemeyer, Acting Village Manager; Mark Sterk, Acting
Village Attorney; James Bodony, Fire Chief; Dale L. Durfey, Jr., Village
Engineer; Robert L. Kallien, Jr., Director of Community Development;
Bruce F. Kapff, Director of Information Services & Purchasing; Margaret
Klinkow Hartmann, Library Director; Darrell J. Langlois, Finance
Director; Stephen Larson, Deputy Police Chief, Thomas McEllin, Deputy
Fire Chief; Michael J. Meranda, Public Works Director; Nelson Patras,
Bath & Tennis Club Operations Manager; Thomas Sheahan, Chief of
Police and Trey VanDyke, Golf Club Manager.
3. PRESIDENT'S OPENING COMMENTS
President Craig welcomed those attending the meeting. He announced that the Village
budget indicated that the Village spent $800,000 less during 2007 than it had at this time
last year. He added that the Village was working on funding for the $7.5 million
commitment the Village needs to fulfill its share of the 22"d Street widening and bridge
construction.
President Craig also asked David Niemeyer to begin work on revision of the Village's
Ethics Ordinance and announced his plan to appoint as Village Attorney the firm of
Odelson and Sterk.
A. 50T" ANNIVERSARY COMMITTEE PRESENTATION
The Oak Brook Historical Society was asked to lead the celebration of the 50th
Anniversary of the Village and prepared a proposal outlining a year long celebration.
A Steering Committee was formed with Chrissie Howorth, Director of the Historical
VILLAGE OF OAK BROOK Minutes Page 1 of I 1 AUGUST 28, 2007
Society and Kathy Maher the current Oak Brook Historical Society President co-
chairing the committee. The mission of the 2008 program of events throughout the
Village would be "Oak Brook Celebrates 50 years through preservation of its historic
landmarks as a legacy for future generations." Trustee Manofsky was appointed
Village liaison to the committee.
Kathy Maher addressed the Board reporting the contributions of many to the
approximately twenty events currently scheduled. She also thanked Oak Brook
organizations and individuals for their help with planning of the events for the
celebration year. She added that she was heartened by Village liaison and program
chairs support.
4. RESIDENT/VISITOR COMMENT - None presented
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.
A. Accounts Payable for Period Ending August 27, 2007 - $1,325,891.72
Significant Items included in Above:
1) Kubiesa, Spiroff, Gosselar & Acker, P.C. - Legal Services - $30,710.60
2) Klein, Thorpe and Jenkins, Ltd. - Legal Services - June, 2007 - $2,807.25
3) Seyfarth Shaw LLP - Legal Services June, 2007 - $7,147.55
4) Rolewick & Gutzke, P.C. - Payout 42 - Legal Fees Per Resolution R -979 -
$170.48
5) Odelson & Sterk - Legal Fees - July, 2007 - $8,950.60
6) AM -Coat Painting - Payout 42 - Elevated Water Storage Tank Repair /Painting -
$114,399.00
7) Legat Architects - Payout # 14 & Final - HVAC Screening - $126.38
8) R. W. Dunteman Company - Payout #1 - 2007 Paving Project - $230,139.25
9) DuPage Water Commission - $206,466.67
10) Nugent Golf, Inc - Payout 42 - Pond Bank Stabilization Project - $4,063 00
11) Trine Construction Corporation - Payout #2 - Westdale Garden Water Main
Project - $125,095.15
12) Tebrugge Engineering - Payout #2 - Baybrook Bridge Inspection - $18,393.50
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING AUGUST 11, 2007 -
$769,583.68
VILLAGE OF OAK BROOK Minutes Page 2 of 11 AUGUST 28, 2007
6. C. COMMUNITY DEVELOPMENT REFERRALS
1) STARBUCKS COFFEE - 2407 W. 22ND STREET - VARIATION
TJ Design Strategies on behalf of the Mary Ann R Monty Trust (owner) and
Starbucks Coffee (tenant) of the property at 2407 W. 22nd Street, have submitted
a petition seeking approval of a variation to Section 13 -11 -7A (5) of the Zoning
Ordinance to permit the construction of a ground sign on a property of less than
three (3) acres in size. The action requested was to refer the request for a
Variation to the Zoning Board of Appeals for public hearing at its October 2,
2007 meeting.
2) CLEARWATER OAK BROOK SUBDIVISION NO. 1 - 2100 AND 2122
YORK ROAD
York Road EW LLC, the owner of the property at 2100 and 2122 York Road has
submitted an application for a final plat of subdivision and a petition seeking
approval of several variations /waivers to the Subdivision Regulations. It is the
intent of the applicant to resubdivide the existing 15.6393 acre tract into four (4)
lots.
The action requested was to refer the requests for a Final Plat and
Variations /waivers to the Subdivision Regulations to the Plan Commission for
review and recommendation at its September 17, 2007 meeting
3) TEXT AMENDMENT TO SECTION 13- 10 -3 -A - PERFORMANCE
STANDARDS
Section 13 -10 -3 of the Zoning Ordinance contains performance standards or
regulations for such issues as noise, vibration, smoke, odors, etc. These standards
have been in place since 1966 when the Village's first Zoning Ordinance was
enacted. Recently, the Village received a complaint where one property owner
alleges that the sound generated from a neighboring property owner's pool
equipment was in violation to the noise standards of the code
Based on an investigation done by Staff, it was determined that these standards as
they specifically relate to quantifying sound are very difficult to understand and
measure.
To that point, staff recommended that the sound regulation portion of the Zoning
Ordinance be referred to the Plan Commission for study with the goal of
formulating a text amendment that is more understandable and more easily
enforced.
VILLAGE OF OAK BROOK Minutes Page 3 of 11 AUGUST 28, 2007
6. C. 3) The action requested was to refer the request for a text amendment to Section 13-
12 -3 -A of the Zoning Ordinance to the Plan Commission for review and
recommendation at its October 15, 2007 meeting and to the Zoning Board of
Appeals for public hearing at its November 6, 2007 meeting.
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS
1) GOLF COURSE POND BANK STABILIZATION PROJECT
Beginning in the year 2000, the golf course staff and customers began to notice
that the steel edging that had been installed in 1993 was starting to move from its
original location around the ponds located on the fourth and fifth holes of the
golf course. The c -wall pilings were heaving in several locations. Staff consulted
the original warranty documents and found that the edging_ was no longer under
warranty. Staff repaired and replaced sheets as necessary during the winter
months. By 2002 staff determined that the frequency of repairs was increasing at
an alarming rate. Staff sought the services of Patrick Engineering, Inc. to
investigate repair options. Patrick Engineering indicated to staff that subsurface
investigation was going to be necessary to determine the nature of the heaving.
Staff recommended to the Board that the services of a golf course architect be
sought to coordinate the repair of the steel edging along with other stabilization
solutions necessary within the project area. An RFQ was approved by the board
and golf course architect Tim Nugent was hired to determine the causes of the
steel edging failure and design a pond bank stabilization solution. Nugent Golf
Inc. contracted the engineering firm of STS Consultants to perform a geological
survey of the project area. The report from STS indicated that the soil profile of
this area adjacent to Salt Creek is a silty sand profile. Golf course architect
Nugent summarized the report by indicating that repair of the existing steel
edging was not a viable option. At that time it was estimated that the cost of
removing the steel edging was in excess of $50,000. Staff tested several in -house
removal techniques and found that our staff could complete this portion of
project with rented equipment. Staff completed the removal in late fall 2006.
Golf course architect Nugent investigated alternatives and designed a solution that uses a
geo- textile tube filled with sand to stabilize the pond bank. He had also
incorporated the use of a rock wall in several areas to stabilize the soil
surrounding several trees adjacent to the ponds. The design has been submitted
to staff. Village engineers Durfey and Bosma have sought and received the
necessary sign -off from the Illinois Department of Natural Resources through
DuPage County. Staff now comes before the Board to seek bids for the
construction of the project and to seek bids for the purchase of supplies to
complete the project. Staff recommended that the designed solution be bid as one
project that has four parts. Bidders will be allowed to bid on the project as a
VILLAGE OF OAK BROOK Minutes Page 4 of 11 AUGUST 28, 2007
6. D. 1) whole or bid only one part they feel they have a particular expertise. The four
parts of the bid are as follows: 1) Installation of approximately 2,000 linear feet
of geo- textile tube filled with sand provided by the golf course, 2) Purchase of
approximately 2,000 tons of sand to fill the tube, 3) Provide and install limestone
rock to stabilize pond bank areas adjacent to significant trees in the project area,
and 4) Provide and install sod for the restoration on the project area. After
consideration of the scope of the work and the timing of the project, staff has
decided to complete the necessary excavation work for the project using rented
equipment and Village golf course maintenance staff. It is also the current plan
to have golf course staff complete the majority of the restoration work as well.
At this time, staff believes this project will be completed in 2007.
The action requested is that the Village Board authorize staff to obtain bids for
the construction of pond bank stabilization solutions and the purchase of supplies
for the construction project.
E. BUDGET ADJUSTMENTS - None presented
F. TREASURER'S REPORT - JULY, 2007
G. KANAN COURT SUBDIVISION - EXTENSION OF COMPLETION DATE
The Subdivision Improvement Agreement for the Kanan Court Subdivision was
dated September 8, 2004 and stated that all improvements were to be completed
within three years following that date. As of this date, much of the work has been
accomplished, but significant items remain to be completed and it appears that the
subdivider will default on his three year construction obligation. A punch list dated
August 16, 2007 depicts the remaining items.
Staff had been in contact with the developer over the past many months
continuously reminding him of his completion date and his contractual obligation.
The developer had responded with a letter dated August 14, 2007 requesting a three
month extension.
The recommended action was that the President and Board of Trustees approve an
extension of three months, new completion date being December 8, 2007, for the
completion of the Kanan Court Subdivision improvements subject to the subdivision
security also being extended to one year past the revised completion date.
Trustee Kennedy added that the developer should be reminded that continuing
extensions would not necessarily be approved.
VILLAGE OF OAK BROOK Minutes Page 5 of 11 AUGUST 28, 2007
6. H. RESOLUTION R -989, A RESOLUTION AUTHORIZING THE DESTRUCTION
OF THE VERBATIM RECORD OF CLOSED MEETINGS OF THE VILLAGE
OF OAK BROOK BOARD OF TRUSTEES 02/28/06
At the Village Board meeting of April 10, 2007 the Village Board passed Ordinance
G -830 which established procedures to authorize the destruction of the verbatim
record of closed meetings of the Village of Oak Brook Board of Trustees.
The audio recording of the February 28, 2006 Closed Meeting is before the Board to
consider under the consent agenda for the approval of its destruction. This verbatim
recording is eighteen (18) months old and minutes have been approved for the
meeting. A favorable vote shall be deemed to authorize the Village Clerk to destroy
the verbatim' records of such closed meetings in a suitable manner. Under separate
cover in a confidential envelope are the minutes of this closed meeting to indicate
they were written and provide the context of the meeting.
Even with this procedure in place, the Manager, the Village Attorney, or a Trustee
may recommend or request that a particular tape be held. In order to retain a
particular tape, a Trustee would need to request that the item be removed from the
consent agenda for separate consideration and denial of approval for destruction. In
most instances, however, it is in the Village's best interest to destroy the tapes as
soon as legally possible, as indicated above.
The action requested is for passage of Resolution R -989, A Resolution Authorizing
the Destruction of the Verbatim Record of Closed Meetings of the Village of Oak
Brook Board of Trustees as authorized by State Statute.
I. ANNUAL ADJUSTMENT OF PARAMEDIC SERVICES OF ILLINOIS
CONTRACT
On September 1, 2005 the Village of Oak Brook entered into a successor agreement
with Paramedic Services of Illinois (PSI) to provide the Village with contract
paramedic services through August 31, 2008. The agreement calls for PSI to
provide six contract paramedics (two per 24 hour shift), supplementing the sworn
fire department staff. Section 18A of this agreement set the original yearly
compensation rate and Section 18B calls for the yearly evaluation and adjustment of
this fee to a mutually agreed upon rate based on PSI's operational costs. Staff had
met with PSI, discussing the increases in operational costs and has agreed upon a
new compensation rate.
Staff recommendation was to increase from $427,100 to $442,784 the yearly
compensation paid to PSI for paramedic services to the Village of Oak Brook. This
represents an overall increase of 3.67% over the 2006 -2007 rate. This rate includes
a 3.75% salary adjustment and increases in FICA, insurance and other benefits.
Monthly installments of $36,898.66 would be paid per the agreement.
VILLAGE OF OAK BROOK Minutes Page 6 of 11 AUGUST 28, 2007
6. I. The requested action is to adjust the compensation rate paid to Paramedic Services
of Illinois, for contract paramedic services to a yearly rate of $442,784.
J. ORDINANCE 2007 -S -1203, AN ORDINANCE AUTHORIZING THE SALE BY
PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE VILLAGE
OF OAK BROOK" DECLARING FOUR VEHICLES AND VARIOUS PUBLIC
WORKS EQUIPMENT SURPLUS AND AUTHORIZING THEIR SALE
THROUGH THE DUPAGE MAYORS AND MANAGERS CONFERENCE
PUBLIC AUCTION, SCHEDULED FOR SATURDAY, OCTOBER 13, 2007
The ordinance declares four vehicles and various Public Works equipment as surplus
and authorizes their sale at the DuPage Mayors and Managers Conference surplus
vehicle and equipment auction. The vehicles declared surplus are Unit 200
(administration vehicle), Unit 401(engineering vehicle), Unit 304 (police marked
squad), and Unit 311 (police dare vehicle). The attached ordinance notes the age
and the approximate current mileage for these vehicles. The Public Works
equipment is outdated and has been replaced by newer models. The Conference
charges a 15% administrative fee, which will be subtracted from the gross receipts.
Also, a $50 charge is imposed on any vehicle or piece of equipment that is brought
to the auction and does not sell.
The auction is scheduled for Saturday, October 13, 2007 at the Cypress Cove Family
Aquatic Center, 8301 S. Janes Avenue, Woodridge, Illinois 60517, with bidding
beginning at 10:00 am. As in past years, the Village is required to supply one staff
person (usually a Police Officer) to assist the Conference with the auction. Village
officers, employees and their families are not allowed to bid on Oak Brook surplus
vehicles and equipment, but are allowed to bid on items from other organizations.
The requested action was that the Village Board pass Ordinance 2007 -5 -1203 titled
"An Ordinance Authorizing The Sale By Public Auction Of Personal Property
Owned By The Village Of Oak Brook" declaring four vehicles and various Public
Works equipment surplus and authorizing their sale through the DuPage Mayors and
Managers Conference public auction, scheduled for Saturday, October 13, 2007.
K. WAIVER OF FEES - OPPORTUNITY INTERNATIONAL - 2122 YORK ROAD
(SUITE 340)
Staff received a request from Mr. Richard John, Sr. Vice President and CFO of
Opportunity International to consider waiver of fees for a remodeling permit
associated with their office space located at 2122 York Road, Suite 340.
In the past, the Village has received and approved requests for waiver of fees from a
number of entities such as the Christ Church of Oak Brook, Oak Brook Community
Church and the Oak Brook Park District.
VILLAGE OF OAK BROOK Minutes Page 7 of 11 AUGUST 28, 2007
6. K. Section 10 -4 -1C of the Village Code permits waiver of fees for governmental and
charitable organizations.
"10 -4 -1C — Certain Entities Permitted to Request Waiver: Any governmental
unit or any charitable organization, as defined in an act to regulate solicitation
and collection of funds for charitable purposes, may request a waiver of any fees
imposed pursuant to the terms of this section. Upon such requests, the village
president and the board of trustees may, by motion, waive any such fees imposed
pursuant to this section. (Ord. G- 821)"
The fees for this request total $931.75. All other expenses incurred by the Village
will be billed to the applicant.
The action recommended is to approve waiver of the required fees for a remodeling
permit in the amount of $931.75.
L. WAIVER OF FEES - OAK BROOK COMMUNITY CHURCH - 3100 MIDWEST
ROAD
Staff has received a request from Mr. Brandon Hampton, Pastor of Children and
Family Life for Oak Brook Community Church to consider waiver of fees for a sign
permit associated with an annual fall festival.
In the past, the Village has received and approved requests for waiver of fees from a
number of entities such as the Christ Church of Oak Brook, Oak Brook Community
Church and the Oak Brook Park District.
Section 10-4-IC of the Village Code permits waiver of fees for governmental and
charitable organizations.
"10 -4 -1C — Certain Entities Permitted to Request Waiver: Any governmental
unit or any charitable organization, as defined in an act to regulate solicitation
and collection of funds for charitable purposes, may request a waiver of any
fees imposed pursuant to the terms of this section. Upon such requests, the
village president and the board of trustees may, by motion, waive any such fees
imposed pursuant to this section. (Ord. G- 821)"
The fees for this request total $175. All other expenses incurred by the Village will
be billed to the applicant.
The action recommended is to approve waiver of the required fees for a sign permit
in the amount of $175.
VILLAGE OF OAK BROOK Minutes Page 8 of 11 AUGUST 28, 2007
6. Motion by Trustee Kennedy, seconded by Trustee Carson, to approve the Consent Agenda
and authorize expenditures as presented or amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA - None presented
8. BOARD & COMMISSION RECOMMENDATIONS - None presented
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) VILLAGE ATTORNEY
The Village recently completed a thorough process in the search for a new
Village Attorney. A detailed request for qualifications was prepared and
fourteen responses were received. A committee composed of Trustees Kennedy
and Wolin and Acting Village Manager David Niemeyer reviewed the proposals
and recommended three firms that were interviewed by the Village Board.
President Craig recommended that the Village Board approve the appointment of
Odelson and Sterk as Village Attorney.
Motion by Trustee Kennedy, seconded by Trustee Sanford, to concur with the
recommendation of President Craig to appoint Odelson and Sterk as Village
Attorney of the Village of Oak Brook, Illinois. VOICE VOTE: Motion carried.
2) VILLAGE MANAGER
President Craig announced that this would be continued to the next meeting in
order to provide Attorney Sterk to complete contract negotiations.
B. ORDINANCES & RESOLUTIONS - None presented
C. AWARD OF CONTRACTS - None presented
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented
B. ORDINANCES & RESOLUTIONS - None presented
C. AWARD OF CONTRACTS- None presented
VILLAGE OF OAK BROOK Minutes Page 9 of 11 AUGUST 28, 2007
10. D. US GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT
This is an annual agreement that the Village has had in place as part of the Village's
Emergency Operating Plan since the 1987 flood. The USGS has a rain gauge and
Salt Creek staff gauge (measuring water elevation) at the 22nd Street /Salt Creek
Bridge. The small building in the northwest quadrant houses the rain gauge and the
computer software. The original concept had the USGS installing the equipment and
the Village paying an annual cost to USGS.
The proposed agreement is for the period of October 1, 2007 to September 30, 2008
at a cost to the Village of $7,550. The cost for this work in 2006 was $7,500. The
rain gauge and staff gauge are an important and intricate part of the Village's
Emergency Operating Plan and our funding of its operation should be maintained.
Trustee Wolin added that this was a very important project as demonstrated during a
recent heavy rainfall that could have flooded homes in Oak Brook. He felt it was a
minimal expenditure for such an important service.
Motion by Trustee Wolin, seconded by Trustee Kennedy, to authorize the Acting
Village Manager to execute the Joint Funding Agreement with the US Geological
Survey. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT
A reminder from President Craig that Oak Brook children are back in school and he
asked that residents be mindful of safety for children walking to and from school and
entering and exiting school buses.
Trustee Kennedy reported that two lawsuits against the Village of Oak Brook were
dismissed in DuPage County Circuit Court.
B. ACTING VILLAGE MANAGER
Manager Niemeyer reported on the WiFi study. The board had authorized staff to
look into the hiring of a consultant to look at alternatives for WiFi. After discussion
with staff and Trustee Carson it was determined that further research on the project
needed to be done. Manager Niemeyer and Trustee Carson would be meeting with
Federal Signal who made the original proposal.
VILLAGE OF OAK BROOK Minutes Page 10 of 11 AUGUST 28, 2007
11. C. VILLAGE CLERK
12. ADJOURNMENT
Motion by Trustee Kennedy, seconded by Trustee Sanford, to adjourn the Regular
Meeting of the Board of Trustees at 7:59 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 11 of 11 AUGUST 28, 2007