Loading...
Minutes - 09/26/2006 - Board of TrusteesMINUTES OF THE SEPTEMBER 26, 2006 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 12, 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, Kathryn F. Manofsky, Robert G. Sanford and Asif Yusuf. ABSENT: None. IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant Village Manager; James Bodony, Fire Chief, Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Kenneth T. Kubiesa,' Village Attorney; Michael J. Meranda, Public Works Director and Thomas Sheahan, Chief of Police 3. PRESIDENT'S OPENING COMMENTS A. RESOLUTION OF APPRECIATION President Quinlan relayed that residents who serve on boards, committees or commissions donate their time and services to the Village with no financial compensation. He recognized that the Village was lucky to have many residents with talents such as Brian Clingen who donate those services to the Village and was delighted to acknowledge Brian Clingen's contributions. Motion by Trustee Craig, seconded by Trustee Yusuf, for passage of Resolution -AP- R -951, a Resolution of Appreciation to Brian T. Clingen. VOICE VOTE: Motion carried. 4. RESIDENT /VISITOR COMMENT A. THE JOHN BUCK COMPANY PRESENTATION VILLAGE OF OAK BROOK Minutes Page 1 of 16 September 26, 2006 4.A Mr. John O'Donnell, a Principal with The John Buck Company addressed the Board on a mixed -use development (Clearwater) they are proposing in the Village of Oak Brook. The John Buck Company is 25 years old and has developed in excess of 28 million square feet with most of it in the Chicago area. He presented photos of numerous projects completed by The John Buck Company and several in conjunction with the architects Goettsch Partners who have been designated as the architects for the Oak Brook project. He also presented photos of Goettsch Partners' international projects and described other projects they have been involved with in Oak Brook. He indicated that they wish to develop in this location because of the prestige of Oak Brook and the accessibility of the project. The philosophy behind this project was to build a mixed -use project that provided services to the office users in the area which includes restaurants, hotel, health club and other uses that would be appealing to office tenants. Mr. Steve Nilles, Partner with the architects Goettsch described in more detail what was being created. It is planned to include a park within a retail plaza, approximately 80,000 square feet of retail and restaurants, a 50,000 square foot, two -story health club, a 139 room, six -story limited service hotel, a 16- story, 65 unit residential condominium building and associated parking, hardscape, landscape, lighting and signage. B. FINANCIAL UPDATE Due to the fact that Finance Director Darrell Langlois was not able to be in attendance, this update was postponed. C. HITCHCOCK DESIGN GROUP Mr. Rick Hitchcock, President of Hitchcock Design Group, reported that during the last six months they have worked with the Village's streetscape beautification project, working with staff, elected and appointed leadership, public opinion and business leaders. They have gone through a traditional process establishing goals and objectives, looking at various opportunities and issues that exist in the community relative to public streets and public image. He indicated that they have provided a number of concepts with a key piece of implement strategy. He explained that there were three things that were of major concern throughout the process. The first being to establish beautification improvements to reinforce the positive community image. He recognized that Oak Brook had a phenomenal commercial environment, world class retail environment, phenomenal residential neighborhoods, but the residents felt that the public realm was lagging a bit. The second goal was to make sure that a set of standards were developed on how to enhance public rights -of -way. Lastly, to provide a practical method for systematically implementing the recommendations to guide decision making. VILLAGE OF OAK BROOK Minutes Page 2 of 16 September 26, 2006 4. C. Mr. Tim King, Project Manager described that the major focus was on the main arterial and collector streets. They recognized that a lot of the public rights -of -way were controlled by other agencies and therefore had to be kept in mind. Other concerns that were faced included that fact that the rights -of -way are narrow. They also recognized that there were a number of medians or opportunities to add medians because some have asphalt, some are just striped areas that could be developed and others are landscaped medians that could be enhanced. Utilities are another consideration. He introduced the beautification concepts working with adjacent land uses since there was a limited amount of right -of -way to work within. Generally, the concept is to enhance the naturalized appearance of residential areas and a more ornamental style in the commercial areas through landscape, adding and improving medians, gateway signage, interchange enhancements and bridge enhancements. An idea being considered was using the intersection of Route 83 and 22" d Street as the center of the community and considering the opportunity to use that area as a Village icon utilizing the southwest corner of the intersection. It was suggested that it could be improved with landscaping and a larger sculpture which would create a visual icon in the heart of the community. Although the property is owned by IDOT, it is an under - utilized area and it might be possible to work with IDOT. At this point they would develop a strategy on how this could happen over time. The first step must establish the public policy which would adopt the master plan as a Village document. An additional issue would be to coordinate between the Village, the County, IDOT and the Tollway knowing that these rights -of -ways were maintained and controlled by these different agencies. Another area where coordination is important is with private redevelopment projects. Funding is important, Village capital improvement budgeting could be considered and also as part of the commercial redevelopment there could be participation from that sector or from private residential development. He added that there were enhancement grants available for these types of projects, private fund raising and non - profit programs. J Through conversation with the beautification steering committee it was determined what projects would have the best chance of happening sooner rather than later that would have a significant impact in the short term. The project that came to the forefront was the bridge enhancements on the Tollway bridge since that project is moving forward quickly. In addition, development near the Tollway ramps might be a good opportunity to work together for gateway signage. Route 83 and 31" Street also was an area identified that could potentially be done sooner with landscaping improvements that could have a significant impact. There were a number of other ideas that could be done over time which would have a dramatic impact on the community. VILLAGE OF OAK BROOK Minutes Page 3 of 16 September 26, 2006 4. C. Trustee Kennedy commented that he sat on the Steering Committee along with Harry Peters and some people from the business community and felt that there was good cooperation among the members. He added that there was a lot of time and effort expended and a lot of public input was received at the open house. He indicated that the committee was very pleased with the product. Trustee Aktipis asked for a timeline and a priority list of projects. Mr. King responded that Route 83 & 31" Street along with Gateway signage and bridge enhancements on 22nd Street were a priority and would be part of a 5 -year strategy. Trustee Manofsky indicated that the goal for an upcoming Committee -of -the -Whole was to look at wish lists and begin to prioritize expenditures. President Quinlan addressed the audience relative to ongoing negative allegations and media coverage. He described the negative issues that continue to be exploited and assured the public that the Village has handled the issues professionally, in compliance with appropriate procedure and lawfully. He was concerned that the negative attention has outweighed the positive things happening on in the Village. He listed a number of those positive accomplishments. Resident Christopher Edmonds addressed the Board relative to a dispute with a neighbor. He indicated that Village staff has assisted them where they could, but currently the issue has become one of an erosion problem due to the changes made on the landscape of the neighbor's property and asked the Board whether there was a way to expedite the process. Resident Terry O'Malley addressed the Board relative to investigations of residents and missing Village documents. Resident Mario Vescovi addressed the Board as the Vice President of Citizens for Better Government relative to the lawsuit filed by residents Fran and Casey Gaik. 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 September 22, 2006 - $619,825.29 Significant Items included in Above: 1) Legat Architects — Payout # 8 — Village Hall /Library6 HVAC Screening - $13,454.70 2) DuPage Water Commission - $234,141.17 3) Chicagoland Paving Contractors — Payout #2and Final — 2004 Water Main & Drainage Project - $3,849.00 VILLAGE OF OAK BROOK Minutes Page 4 of 16 September 26, 2006 6. B. Approval of Payroll for Pay Period Ending September 9, 2006 - $724,535.42 C. Community Development Referrals 1) Clearwater — York Road EW, LLC c/o The John Buck Company — 2100/2122 York Road — Text Amendment, Special Use and Variation D. Authorization to Seek Bids or Proposals or Negotiate Contracts: F. Treasurer's Report — August, 2006 Motion by Trustee Aktipis, seconded by Trustee Kennedy, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA 6. A. 4) Kubiesa, Spiroff, Gosselar & Acker — Legal Fees - $35,932.73 Trustee Craig asked that this item be removed from the Consent Agenda. He expressed concern for the amount of the monthly bill. Using that figure to calculate an annual figure it comes to approximately $432,000 which he felt was a large amount of money. He felt that there should be scrutiny to determine why the legal bills were at that level. Trustee Aktipis concurred with Trustee Craig's concerns and added his standing concern for the defense of Mrs. Mullins. Trustee Kennedy responded to President Quinlan's request to provide an analysis of legal bills indicating that the bills are running approximately 6% higher than in 2004 and approximately 6% lower than they were in 2005. Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve Legal Fees to Kubiesa, Spiroff, Gosselar & Acker in the amount of $35,932.73. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 2 — Trustees Aktipis and Craig. Absent: 0 - None. Motion carried. 6. E. Budget Adjustments Trustee Kennedy asked that this item be removed from the Consent Agenda for comment. He sought to flag these issues for when Finance Director Langlois was present. These adjustments are brought to the Board whenever a budget line goes over budget by 10 %. However, he did not feel these were necessary for items such as a $200 transfer from training to overtime. He suggested that items that were to be brought to the Board for approval should be more in the range of $5,000 over budget. Trustee Yusuf agreed that budgeting was difficult and that a figure around $1,000 or more would be appropriate. Manager Boehm was asked to have Finance Director Langlois bring a proposal to the Board. VILLAGE OF OAK BROOK Minutes Page 5 of 16 September 26, 2006 7. 6. E. Motion by Trustee Kennedy, seconded by Trustee Yusuf, to authorize Budget Adjustments for General Management Overtime; Information Services Dues and Memberships, Overtime and Computer Hardware and Software; Public Works Overtime, Cleaning Supplies, Maintenance of Grounds and General Equipment; Police Overtime; Golf Course Supplies and Maintenance Buildings and Community Development Overtime. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A) PANERA BREAD — 1600 16TH STREET — SPECIAL USE FOR OUTDOOR DINING The Plan Commission, at its meeting on August 21, 2006 and the Zoning Board of Appeals, at its meeting on September 5, 2006, reviewed a petition submitted by Cubellis MGDF (as authorized by Panera Bread, on behalf of Mid - America Asset Management) seeking approval of a special use for outdoor dining adjacent to a new Panera Bread restaurant. The applicant is seeking a special use to Section 13 -7A -2 to permit Panera Bread to incorporate a 28 -seat outdoor dining area on the south side of the restaurant. The patrons using the seating area will be protected from the potential conflicts of vehicles in the parking lot by the installation of ornamental railings augmented with piers along the perimeter of the seating area. As part of the applicant's request, a detailed plan of the outdoor dining area has been submitted along with a list of operational constraints (type of chairs, tables and umbrella, hours of operation, outdoor music ban, etc.) that will be implemented. Special Use The Plan Commission, by a vote of 7 to 0, and the Zoning Board of Appeals, by a vote of 7 to 0 recommended approval of the special use as requested for an outdoor dining area adjacent to a restaurant, subject to the following conditions; 1. The 28 -seat outdoor dining area is to be constructed in substantial conformance with the plans submitted on pages J, K, L and M (Sheet A -0.1, A -0.2, A -0.3 and A -0.4,) as prepared by Cubellis MGDF and dated July 13, 2006. 2. Access to the outdoor dining area shall be from the sidewalk that borders the restaurant. 3. Ornamental railings will be provided at the perimeter of the seating areas. The railings will be augmented with piers to provide protection of the seating space. VILLAGE OF OAK BROOK Minutes Page 6 of 16 September 26, 2006 8. A 4. The outdoor dining area will be operational between April 1 and October 15 of each year. Tables and chairs are to be removed during the winter months. 5. No Live music or other live entertainment is allowed in the exterior seating area. 6. No wait service provided to the exterior seating area. In making this recommendation, the Zoning Board of Appeals found that the applicant satisfactorily addressed all applicable standards required for a special use. Motion by Trustee Sanford, seconded by Trustee Aktipis, to concur with the recommendations from both the Plan Commission and Zoning Board of Appeals and approve the requested special use for outdoor dining adjacent to the Panera Bread Restaurant located at 1600 16`x' Street and authorize the Village Attorney to draft the necessary ordinance for final consideration at the October 10, 2006 Board of Trustees meeting. VOICE VOTE: Motion carried. B) DOUBLE TREE HOTEL — 1909 SPRING ROAD — TEXT AMENDMENT The Plan Commission, at its meeting on August 21, 2006 and the Zoning Board of Appeals, at its meeting on September 5, 2006, completed its review and deliberations on a petition submitted by the 'Double Tree Hotel, on behalf of PFC Oak LLC c/o Pyramid Advisor, LLC the owner of the property located at 1909 Spring Road. They are seeking approval of a text amendment to Section 13-11-11A.2 of the Zoning Ordinance to permit additional signage height for hotels located in an ORA -2 District. At the present time, any building in the ORA -2 District cannot have signage above the height of 35 feet. Any building in the B -2 District including hotels, which are located directly to the west of the Double Tree is not bound by the 35 -foot height limitation. As such, the situation exists where the Double Tree Hotel, zoned ORA -2 on the east of Spring Road is limited to a maximum sign height of 35 feet. However the Renaissance Hotel is zoned B -2 on the west side of Spring Road can have a sign that is not limited to a maximum height as long as it does not extend above the roofline. The applicant is seeking the following amendment in order to allow hotels in the ORA -2 zoning district to construct a sign above the 35 -foot height maximum currently allowed. The Text Amendment is to Section 13 -11-11 -A.2 of the Zoning Ordinance, to include the proposed language as follows. The underlined text is the proposed text. "For a building containing less than one hundred thousand (100,000) square feet, the gross surface area in square feet of all signs for each building on a lot shall not exceed one hundred (100) square feet, provided VILLAGE OF OAK BROOK Minutes Page 7 of 16 September 26, 2006 8.13. that the maximum gross surface area in square feet of all nondirectory signs for each restaurant on a lot located in an ORA -2 zoning district shall not exceed four hundred (400) square feet subject to the condition that wall signs shall not exceed one hundred ten (I 10) square feet, ground signs shall not exceed one hundred forty (140) square feet and signs accessory to drive - through establishment for restaurants approved as special use shall not exceed one hundred fifty (150) square feet. For buildings in excess of one hundred thousand (100,000) square feet, the allowable sign area permitted shall be computed on a basis of one square foot of sign area for each one thousand (1,000) square feet of gross floor area of each principal building on a zoning lot with a maximum sign for all signs not to exceed two hundred forty (240) square feet. Gross sign area shall be applied to each building and shall not be cumulative. No sign shall be erected above the height of the principal structure, excluding any penthouse or roof structure as described in section 13 -3 -8 of this title, or thirty five feet (35') above grade, whichever is less, "except for hotels in the ORA -2 zoning district, which are exempt -from the 35 foot height limitation, but which must comply with all other from of the provisions herein. " In making this recommendation, the both the Plan Commission and Zoning Board of Appeals found that the applicant has satisfactorily addressed all applicable standards required for a text amendment. Trustee Manofsky asked how many feet would the sign be above ground. Mr. Michael Newman, General Manager of the Double Tree Hotel responded that the sign would be about twelve feet above the current code. She also expressed concern for the colors planned. Mr. Newman indicated that Double Tree was a member of the Hilton family and the logo is an international symbol and they are not allowed to waiver from the corporate insignia guidelines. Trustee Aktipis asked whether this amendment would affect a free standing sign. Community Development Director Kallien indicated that free standing signs are governed by an entirely different set of regulations. Trustee Yusuf did not feel comfortable with approving a sign at roof level for this location, but was comfortable with the proposed signage. Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested text amendment to Section 13-11-11A.2 of the Zoning Ordinance to increase the maximum height of a wall sign for Hotels in the ORA -2 District and authorize the Village Attorney to draft the necessary ordinance for final consideration at the October 10, 2006 Board of Trustees meeting. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 8 of 16 September 26, 2006 8. C) STARBUCKS — 2407 22ND STREET — MAP AMENDMENT, TEXT AMENDMENT, SPECIAL USES AND VARIATIONS At its meetings on August 1 and September 5, 2006, the Zoning Board of Appeals held the required public hearing and completed its review of several petitions from TJ Design Strategies, authorized representative of the Starbucks Coffee Company on behalf of The Mary Ann R Monty Trust #8 -1995, the owner of the property at 2407 22nd Street. They are seeking approval of a map amendment, text amendment, two special uses and two variations in order to construct a new stand -alone Starbucks. The existing one -story building on the property will be demolished to accommodate the proposed 1925 square foot Starbucks building, which will also include a drive -in facility (east side of building) and an outdoor dining area (north side of building). Map Amendment The applicant is seeking a map amendment from ORA -1 to B -3. The adjacent property to the east improved with two office buildings is zoned B -3. By a vote of 7 to 0, the Zoning Board concurred with the Plan Commission recommendation for approval of a`map amendment to rezone the subject property at 2407 22nd Street from ORA -1 to B -3 finding that the applicant has addressed the required factors on pages C and C.3 of the case file Text Amendment Outdoor dining is permitted as a special use in the B -1 and B -2 Districts, but not in the B -3 District. The applicant is seeking a text amendment to Section 13 -7C -2 of the Zoning Ordinance to permit outdoor dining areas adjacent to restaurants as a special use in the B -3 District. By a vote of 7 to 0, the Zoning Board of Appeals concurred with the Plan Commission recommendation for approval of the requested text amendment to Section 13 -7C.2 of the Zoning Ordinance, to add "outdoor dining areas adjacent to restaurants" as a special use in the B -3 District finding that the applicant has addressed the required factors on page E of the case file. Special Uses The applicant is seeking two special uses. One special use is necessary to construct a drive - through facility along the east side of the building for patrons wishing to snake purchases from their vehicle. The other special use will permit the construction of an outdoor dining area to be located on the north side of the building. (Drive -thru) By a vote of 7 to 0, the Zoning Board concurred with the Plan Commission recommendation for approval of the requested special use for approval of the requested special use for a drive -thru facility finding that the applicant has addressed the required standards on pages G of the case file subject to the following VILLAGE OF OAK BROOK Minutes Page 9 of 16 September 26, 2006 8. C conditions: 1. Development of the property in substantial conformance with the revised Elevation and Site Plan dated July 12, 2006 on page 23 of the case file. 2. Suggest that the owner use reasonable efforts to negotiate a cross - access easement to satisfy the concerns raised. 3. If signalization at the intersection of Tower Drive and 22nd Street is installed, the property owner agrees to pay 25% of the costs of the installation to be shared between the property owners utilizing that intersection. 4. The village to consider the imposition of cross - access easement requirements in the Commercial Corridor Revitalization Project. (Outdoor Dining) By a vote of 7 to 0, the Zoning Board of Appeals concurred with the Plan Commission recommendation for approval of the requested special use for outdoor dining, finding that the applicant has addressed the standards on page G of the case file, to recommend approval of the requested special use for an outdoor dining area adjacent to the restaurant subject to the following conditions: 1. Development of the property in substantial conformance with the revised Elevation and Site Plan dated July 12, 2006 on page 23 of the case file, bollard design on page 22, Building design on page 18 and Outdoor dining area with table and umbrella design as shown on page 16 of the case file and the following conditions imposed by the Plan Commission. 2. Operation between April 1 and October 15 of each year. 3. Tables and chairs to be removed during the winter months. 4. No live music or other live entertainment is allowed in the exterior seating area. 5. No wait service to be provided to the exterior seating area. Variations In order to construct the stand -alone Starbucks facility, the applicant is seeking approval of two variations to the Zoning Ordinance. The first variation to Section 13- 7C-3c is requesting an approximate 31 -ft. encroachment into the 100 -ft. front yard along 22nd Street. The second variation to Section 13 -12 -3h is requesting an approximate 5 -ft. encroachment into the 10 -ft. setback for parking along Tower Drive. By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of the requested variation to Section 13- 7C -3.c, to allow an approximate 31 -foot encroachment into the required 100 foot setback on 22nd Street; and approval of the variation to Section 13- 12 -3.h to allow an approximate 5 -foot encroachment into the 10 -foot setback required for the parking along Tower Drive finding that the applicant has addressed the required standards on page I of the case file subject to the following conditions: 1. Development of the property shall be in substantial conformance with the revised plans submitted on page 23 of the case file. VILLAGE OF OAK BROOK Minutes Page 10 of 16 September 26, 2006 8.0 2. That the owner grants the Cross - access easement to the Village as provided on the plans submitted should it be obtained. 3. Additional landscape to be provided. Trustee Sanford explained that an area of concern of the Plan Commission and the Zoning Board of Appeals was traffic. It was asked by the ZBA that the owners of the two buildings surrounding the proposed project be contacted to create cut - throughs in order to have cross parking lot access since there are two entrances and exits and no light at Tower Road. A concern is that the location is where six lanes narrow to four lanes and traffic projections anticipate 70 to a 100 cars per hour during peak traffic. In addition, it is estimated that it would take approximately 50 seconds to make a left turn to proceed west. As a result there could be traffic issues because there is no dedicated left turn. He asked whether there had been any headway between the owners of the buildings. Mr. Ted Johnson, an authorized representative for Starbuck's and Mike Stratus, representing the property owner, indicated that discussions have ensued. Mr. Stratus indicated that there had been changes in ownership and that the owners were not adverse to long term discussions, but were not ready at the time to address the cross connection easements. He asked for approvals based on the fact that they would use commercially good faith efforts to obtain the easements when the owners were ready to address approximately six to nine months in the future. Trustee Sanford had a concern that if it was approved that the issue of cross access would be put on the back burner. He suggested that the Village become involved. Dr. Bruce Nadro of the Oak Brook Surgical Center, which is west of the proposed project, addressed the Board relative to emergency medical access for their clients. His concern is the safety impact for their clients of excess traffic and congestion which might hamper emergency medical access. Resident Ali Nili, also of the Surgical Center, addressed the Board relative to concerns for elderly clients ability to move in and out of the facility with the additional traffic generated by the Starbuck's project. Resident Dr. Michael Forutan, of the Oak Brook Surgical Center addressed the Board also relative to emergency medical access for his clients. His concern is the safety impact for their clients of excess traffic and congestion which might hamper emergency medical access. Ms. Mary Ann Monty, resident of unincorporated Oak Brook and a business owner in Oak Brook, addressed the Board indicating that traffic is not the fault of any one structure and its uses. She also indicated that she had witnessed parking on Tower Road which she felt contributed to the traffic concerns. VILLAGE OF OAK BROOK Minutes Page 11 of 16 September 26, 2006 8.C. Mr. Scott Day, attorney for Dr. Jafari who is the owner of the Oak Brook Surgical Center, spoke to the major objection of Dr. Jafari to the proposed project. He emphasized that the intersection of Tower and 22nd Street is a dysfunctional intersection which does not function properly and that this issue was brought to the Zoning Board of Appeals and the Plan Commission. He spoke to the issue of Dr. Jafari's petition to the Board seventeen years ago and the conditions placed on that project. He asked that the Board make the cross access easement mandatory. Dr. Jafari asked his Recovery Room Nurse, Susan Hager to speak to the issue of traffic for their patients. Trustee Sanford asked Fire Chief Bodony to address the emergency medical access. Chief Bodony expressed more concern for left turn accidents than for public safety vehicles gaining access. Trustees Craig and Yusuf concurred that the cross connection access was critical. Trustee Kennedy explained future 22nd Street modifications proposed that would require cross connection access through to Tower Road which would then meet the warrants for signalization at that intersection. He also concurred that the Village needed to be involved, but that legally the Village cannot require that condition. He suggested that approval would include the following conditions: • Starbucks to use of best efforts to negotiate cross access between their property and the properties to the east. • Starbucks to pay for construction of the portion of the cross access roadway across the southern portion of their property. • Village of Oak Brook to promptly meet with the owners of Oak Properties fronting 22nd Street between Camden Court and Midwest Road to achieve cross connection among all of those properties by the end of 2007. • Village of Oak Brook to budget for 2007 or 2008 a capital project to construct an additional north bound lane on Tower Drive approaching 22nd Street with a minimum queue of four or five cars which would provide separate right and loft turn lanes. • Starbucks to conduct a traffic survey at their own expense of the 22nd Street /Tower Drive intersection both weekday and weekend during the third month after opening the facility. If that traffic survey shows a substantial degradation in the level of service, however that may be defined, Starbucks would be required to contract with the Village of Oak Brook Police Department or other law enforcement agency having jurisdiction to provide police officers for traffic control at the intersection during peak hour congestion until such time as the intersection is signalized. He commented that other properties do the exact same thing. • Starbucks to commit to pay one quarter of the total cost of signalizing that intersection if and when the State does the signalization. VILLAGE OF OAK BROOK Minutes Page 12 of 16 September 26, 2006 8.C. Trustee Aktipis expressed his concerns that were similar to the previous ideas stated, but added that Starbucks had chosen the worst possible location in Oak Brook and would like to see them decide on a different location. He was concerned that the expectations for the area would be hindered as a result of this development. He felt that the parcel was too small and should be used differently. He expressed a reluctance to approve the project. Trustee Kennedy countered by indicating that the State did have plans for the area and that if this project did not go forward the owners of the property might use that property for a project that did not require them to come before the Board which could be worse. Trustees Kennedy and Sanford felt that the mitigation agreed to would be more satisfactory. Motion by Trustee Aktipis, seconded by Trustee Craig, to table the topic. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS —None presented. C. AWARD OF CONTRACTS 1) STATE BID OF DEICER SALT The Village Board, at the February 28, 2006 meeting approved the Village's participation in the State's Joint Purchasing Program for deicer salt. The Village has been notified that the low bid received was from Cargill Incorporated Salt Division in the amount of $35.99 per ton delivered; 5.6% higher than last season's price of $34.08 /ton. As part of the contract with the State, the Village is obligated to purchase at least 70% of the requisitioned amount (1,050 tons), and the vendor is obligated to sell us 130% of the requisitioned amount (1,950 tons) at the stated unit price. The vendor is not obligated to honor the contract price for purchases in excess of 130 %. However, as the Village uses approximately 1,500 tons during a typical winter season, the requisitioned amount plus an additional 300 tons we presently has on hand should be sufficient to carry us through the season. As the Village is on a calendar year budget, funding for our deicer salt needs must be split between two fiscal years, 2006 and 2007. To date, $6,945 has been expensed out of $54,975 budgeted in FY -06. Therefore, any deicer salt purchased during the balance of this year will be charged against FY -06 and any purchases after December 31, 2006 will be included and charged against FY -07. VILLAGE OF OAK BROOK Minutes Page 13 of 16 September 26, 2006 9. C. 1) Motion by Trustee Aktipis, seconded by Trustee Yusuf, that a purchase order be issued to Cargill Incorporated Salt Division in the amount of $53,985 for 1,500 tons of highway deicer salt based on the contract unit price of $35.99 per ton delivered. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS 1) CONTRACT PARAMEDIC SERVICE 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 has met with PSI, discussing the increases in operational costs and has agreed upon a new compensation rate. Staff recommendation is to increase from $411,735 to $427,100 the yearly compensation paid to PSI for paramedic services to the Village of Oak Brook. This represents an overall increase of 3.73% over the 2005 -2006 rate. This rate includes a 3.75% salary adjustment and increases in FICA, insurance and other benefits. Monthly installments of $35,591.67 would be paid per the agreement Motion by Trustee Yusuf, seconded by Trustee Kennedy, to adjust the compensation rate paid to Paramedic Services of Illinois, for contract paramedic services to a yearly rate of $427,100. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) REPLACEMENT FIRE TRUCK #918 The Fire Department presently uses a 1979 Ford Utility Squad Truck as part of their fleet. Based on the age, service history of this vehicle, and the inability to VILLAGE OF OAK BROOK Minutes Page 14 of 16 September 26, 2006 10. C. 2) obtain repair parts, it is recommended that it be replaced. The vehicle was scheduled for replacement in 2003. The replacement has been delayed for the last three years for various reasons. When looking for replacement vehicles, staff first explores what vehicles have been bid through either the State of Illinois or Suburban Purchasing Cooperative. Pursuant to the provisions of Section 1 -7 -10 of the Code of Ordinances and Compiled Statutes, the Village is permitted to join with other governmental units in order to benefit from cooperative purchasing arrangements. The replacement project includes equipping the vehicle with emergency warning lights, siren, two way radio, and miscellaneous loose equipment which will be done by Village staff and our radio contractor to reduce project costs. The entire project will not exceed the 2006 budgeted amount. Federal Signal Corporation of Oak Brook is providing the emergency warning lights and siren at their cost. The warning equipment will be installed by the Public Works Department similar to the way they outfit our Police Squad Cars. The following table indicates pricing received through a bid conducted by Suburban Purchasing Cooperative. 2007 Ford F350 XL 4X4 Replaces unit #918 — 1979 Ford Utility Squad Truck Currie Motors (Suburban Purchasing Cooperative) Base Price $20,172.00 Engine Block Heater $29.00 Speed Control Tilt $348.00 6.OL V -8 Power Stroke Diesel Engine $4,535.00 Remote Mirrors, LH & RH $207.00 Knapheid 8 Foot Service Body $6,616.00 Service Manuals $250.00 Tow Command Package(LPO) $305.00 Dual Rear Wheels $351.00 Color Toreador Red Interior Medium Flint Grand total $329813.00 Delivery is expected approximately 90 days after receipt of order. The vehicle being replaced will be sold through the June, 2007 DuPage Mayors & Managers Conference vehicle auction (an ordinance to declare it surplus will be presented prior to the auction). Motion by Trustee Yusuf, seconded by Trustee Aktipis, that the Village Board waive further bidding since Suburban Purchasing Cooperative already conducted the bid process and issue a purchase order to Currie Motors, Frankfort, Illinois for one 2007 Ford F350 XL 4X4 in the amount of $32,813.00. ROLL CALL VILLAGE OF OAK BROOK Minutes Page 15 of 16 September 26, 2006 10. C. 2) VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT — President Quinlan thanked the Autumn Fest Committee for a wonderful event. Trustee Yusuf reminded the residents that leaves should not be left in the street because of the problems of drainage during rain. B. VILLAGE MANAGER — Manager Boehm reported that Hitchcock Design would probably make a presentation again at the next meeting relative to the bridge design for the bridge over 22nd Street. C. VILLAGE CLERK — Clerk Gonnella reminded residents that voter registration continues until October 10 in the Village Clerk's office for the November 7 election. There are additional two weeks for a grace period and registration can be done at DuPage County in Wheaton. Clerk Gonnella also reported that the packets for candidates for the April 17, 2007 Consolidated Election may be picked up in the Clerk's office beginning October 6t". Circulation of petitions begins November 7, 2006. 12. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting of the Board of Trustees at 10:00 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 16 of 16 September 26, 2006