Minutes - 10/26/2004 - Board of TrusteesMINUTES OF THE OCTOBER 26, 2004 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
NOVEMBER 9, 2004.
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 7:30
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 B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; Robert Cronholm, Fire Chief, Dale L. Durfey, Jr.,
Village Engineer; Robert L. Kallien, Jr., Director of Community
Development; Bruce F. Kapff, Director of Information Services &
Purchasing; Darrell J. Langlois, Finance Director; Meg Klinkow, Library
Director; Michael J. Meranda, Director of Public Works and Harlan
Spiroff, Attorney.
3. RESIDENTNISITOR COMMENT:
RESOLUTION OF APPRECIATION — JOHN MULLINS
President Quinlan asked for a motion to approve a Resolution of Appreciation for John
Mullins.
Motion by Trustee Korin, seconded by Trustee Yusuf, to approve a Resolution of
Appreciation to John Mullins as presented. VOICE VOTE: Motion carried.
President Quinlan read in its entirety the resolution of appreciation in memory of John
Mullins a resident of Oak Brook.
President Quinlan announced that Joan Mullins had asked to speak to the Board of
Trustees. Joan Mullins thanked the community for their sympathy and support that the
Mullins family had received during the past three years of Mr. Mullins' illness and
passing. She commended President Quinlan for having the Village of Oak Brook's flag
being flown at half -mast in his honor to commemorate his life and passing.
VILLAGE OF OAK BROOK Minutes Page 1 of 21 October 26, 2004
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3. Ms. Mullins then requested that the Board of Trustees and Village President, now that the
lawsuit has concluded, return to the business of the Village. She hoped that when
President Quinlan offers an appointment for the Boards consideration, be it John M.
Carpino or anyone else that he chooses, that the Board consider that person on their merit,
fitness and their ability to serve as the Police Chief.
Gopal Lalmalani remarked that he had spoken to the Board members a few months ago
and has attended each meeting since but one. He noted that he has listened to the debate
of the Board members but asked the Trustees to stop spreading rumors, innuendoes and
misinformation. He indicated it is important for the Trustees to work cooperatively with
the Village President for the common good of Oak Brook. He also voiced his concern of
the legal fees from the lawsuit and respectfully asked the Board to refocus on the real
issues of Oak Brook.
Judy Lucas addressed the Trustees of their request before Judge Wheaton to order the
Village of Oak Brook to pay for their outside legal counsel from the lawsuit. She
remarked that if the Trustees had listened to Attorney Kubiesa's legal advice, the legal
action would not have occurred as the legal fees were for Michael Jurisik's defense for the
Trustees and himself as well. She noted that the five Trustees actions were proven illegal
and asked if it was true that the legal fees could be $150,000 and that she, as a resident, is
not willing to pay that amount. She asked if it was the intention of the Board to get a
grasp of the legal fees the Village is paying. As this now compounds the Village's legal
fees with their legal fees by forming and approving an Ad Hoc Committee to investigate
each invoice of Village Attorney Kubiesa's. She suggested that she would formalize an
Ad Hoc Committee to scrutinize the bills of their legal fees and indicated there are
residents that are willing to sit on such a committee. She commented that the Board has
restricted the Village Manager's position so much that he could not even order paper
towels that exceeded 10% over budget. She asked that the Board return to the work of the
Village.
Al Knuth remarked of the no bid call by one of the Board of Trustees for replacement of
one of the Village's ambulance equivalent to $175,000 in lieu of other projects proposed.
He suggested taking into consideration that this is a safety issue for over 8,700 residents
and between 20,000 to 50,000 workers, shoppers and hotel guests in our Village. The
utility tax proposal has been suggested to be reduced from 5% to 4% with a loss of
revenue from $500,000 to $600,000. A few members of the Board have challenged
increased Village legal fees but when it was agreed to review each itemized item, certain
items needed clarification. The Board then approved the invoices under protest and he
stated it should have been tabled until a further clarification could be made.
Mr. Knuth suggested the Board be more prepared in making a decision for a quicker vote
for an established business to receive a liquor license and to promote its business. In
regards to the nullification of the open bid by Crown and BFI for scavenger removal, he
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3. suggested that this is sending a message to any vendor why bother to submit a bid to Oak
Brook. If in fact a result of a bid does not fall to the Board's liking, the answer is
nullification and he remarked that it does not promote good business in Oak Brook.
Sunil Lulla addressed the Board of working toward common goals for Oak Brook.
President Quinlan announced that the closed meeting of the Board of Trustees has been
canceled, as the Board will receive the information in a confidential memorandum.
President Quinlan extended, on behalf of the Board of Trustees, deepest sympathy to
Connie Craig, wife of Trustee Craig, in the loss of her father.
4. APPROVAL OF MINUTES:
A. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 12, 2004
Trustee Aktipis asked that the minutes of October 12, 2004 meeting be continued as he
will speak with the Village Clerk for corrections to the minutes.
Motion by Trustee Aktipis, seconded by Trustee Korin, to continue the approval of the
October 12, 2004 minutes of the Regular Board of Trustees Meeting to the next
Village Board meeting. VOICE VOTE: Motion carried.
5. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
President Quinlan asked that Agenda Item 5. J., Approval of Retention of Land Use
Expert continued from the October 12, 2004 meeting be removed from the Consent
Agenda for further discussion.
Motion by Trustee Aktipis, seconded by Trustee Caleel, 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 OCTOBER 22, 2004 -
$437,756.58
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING OCTOBER 9 2004 -
$623,534.94
VILLAGE OF OAK BROOK Minutes Page 3 of 21 October 265 2004
F.O.,
Significant items included in above:
1) DuPage Water Commission - $246,332.91
C. COMMUNITY DEVELOPMENT REFERRALS
1) VILLAGE OF OAK BROOK — TEXT AMENDMENT -- CHAPTER 12 OF THE
ZONING ORDINANCE — INTERIOR PARKING LOT LANDSCAPING
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS - None.
E. AUTHORIZATION TO HIRE, PROMOTE OR REASSIGN DUTIES OF VILLAGE
EMPLOYEES - None.
F. BUDGET ADJUSTMENTS
G. TREASURER'S REPORT
H. LOT 18 - 18 YORKSHIRE WOODS — PLAT OF ABROGATION — GRANT OF
EASEMENT — STORM SEWER RELOCATION
I. APPROVAL OF REQUEST FOR RELEASE OF FUNDS — OAK BROOK HOTEL,
CONVENTION AND VISITORS COMMITTEE — 20% OF THE 2004 THIRD
QUARTER HOTEL TAX RECEIPTS TO THE DUPAGE CONVENTION &
VISITORS BUREAU IN THE AMOUNT OF $17,548.85
6. ITEMS REMOVED FROM CONSENT AGENDA:
5. J. APPROVAL OF RETENTION OF LAND USE EXPERT CONTINUED
FROM THE OCTOBER 12, 2004 MEETING
President Quinlan requested that Agenda Item 5.J. Approval of Retention of Land Use
Expert Continued from the October 12, 2004 Meeting be removed from the Consent
Agenda.
Motion by Trustee Zannis, seconded by Trustee Yusuf, to continue Approval of Retention
of Land Use Expert. VOICE VOTE: Motion carried.
7. BOARD & COMMISSION RECOMMENDATIONS:
A. 970 PAULY LLC — CF 2020 SWIFT LLC — 2020 SWIFT DRIVE — VARIATION —
FRONT YARD PARKING REGULATIONS
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7. A.
The Village Board, at its September 28, 2004 meeting, continued the request from
970 Pauly LLC and CF 2020 Swift LLC who are seeking approval of a variation to
Section 13- 12 -31-1.2 of the Zoning Ordinance to accommodate the construction of
additional parking in the front yard setback. In the ORA -1 District, the front yard
setback is 100 -ft. and off - street parking is limited to six spaces.
Based on input received from the Village Board, the applicant has revised their plans
to provide a parking arrangement for 27 new spaces with a 50 -ft. front yard setback.
The landscape plan that was prepared for the original parking lot configuration will
be utilized as the method of screening for this revised parking lot layout.
970 Pauly LLC and CF 2020 Swift LLC, the owners of the property at 2020 Swift
Drive have submitted a petition seeking approval of a variation to Section 13- 12 -31-1.2
of the Zoning Ordinance to accommodate the construction of additional parking in
the front yard setback. In the ORA -1 District, the front yard setback is 100 -ft. and
off - street parking is limited to six spaces.
The property at 2020 Swift Drive presently is improved with a 57,000 sq. ft. building
and approximately 65 parking spaces. The original parking ratio was based on a
manufacturing use scenario that is no longer viable at this location.
The applicants are seeking a number of improvements to the building and site
including: the construction of a new 32 space parking lot in the front yard, removing
approximately 6,000 sq. ft of the existing building, updating the building fagade and
consolidating all other parking in a new lot to be located on the south side of the
building.
The new parking lot is proposed to be setback 45 -ft. from the Swift Drive right -of-
way and will be extensively landscaped.
Motion by Trustee Aktipis, seconded by Trustee Korin, to concur with the
recommendation of the Zoning Board of Appeals and approve the requested variation
(as revised) and authorize the Village Attorney to draft the necessary ordinance for
final consideration at the November 9, 2004 Board of Trustees meeting. VOICE
VOTE: Motion carried.
B. ORDINANCE 2004- ZO -V -S -1085, "AN ORDINANCE GRANTING A
VARIATION FROM THE PROVISIONS OF SECTION 13- 6D -3F(3) OF TITLE 13
( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK RELATIVE TO REAR YARD SETBACK REQUIREMENTS —
(BHARGAVA /AGRAWAL — 722 FOREST GLEN, OAK BROOK, IL 60523 /P.I.N.
06 -24- 206 -0441.
Pradeep Bhargava and Rekha Agrawal, the owners of the property located at 722
Forest Glen have submitted a petition seeking approval of a variation to Section 13-
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6D -3 -F.3 of the Zoning Ordinance to accommodate the construction of a room
addition and deck to their existing single- family home.
The applicant's original request proposed that these additions encroach into the
required 30 -ft. rear yard by approximately 18 -ft. Comments were received from the
Forest Glen Homeowners Association as well as from the neighboring property
owner who resides at 802 Wildwood Ct. who expressed concerns over the original
proposal to permit an 18 -ft. encroachment into the required setback.
As a result of these comments, the applicant has modified the proposed addition and
has limited the encroachment to 15 -feet. The petitioner testified that the modification
to reduce the encroachment has satisfied the neighbors' concern. The Forest Glen
Homeowners Association has met and supports the recommendation of the Zoning
Board of Appeals.
Recommendation:
The Zoning Board of Appeals, by a vote of 4 to 1 has recommended approval of the
requested variation (as revised) to permit the construction of a room addition and
deck subject to the following conditions:
• The proposed addition and deck will encroach no more than 15- ft.into the required
rear yard, and
• The proposed room addition is to have a mansard roof, and
• The proposed development shall be in substantial conformance with the plans as
submitted (page 14.a of the case file) — the proposed building elevations as
amended to include a mansard roof and the revised site plan on page 21 of the case
file dated October 19, 2004 prepared by Joseph J. Hoendervoogt.
In making this recommendation, the Zoning Board of Appeals found that the
petitioner has satisfactorily addressed the factors as required for approval of a
variation. In particular, the applicant has provided testimony that the hardship is due
to unique circumstances, which include that the lot is undersized being 14,000 square
feet and the R -4 zoning district minimum standards are 18,000 square feet, it is a
corner lot, the placement of the existing home on the lot offered very little
opportunity for any type of room addition and that granting the variation would not
alter the essential character of the neighborhood.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the
recommendation of the Zoning Board of Appeals to approve the requested variation
and move for passage of Ordinance 2004- ZO -V -S -1085 "An ordinance Granting a
Variation from the Provisions of Section 13- 6D -3F(3) of Title 13 ( "Zoning
Regulations ") of the Village Code of the Village of Oak Brook Relative to Rear Yard
VILLAGE OF OAK BROOK Minutes Page 6 of 21 October 26, 2004
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Setback Requirements — (Bhargava/Agrawal — 722 Forest Glen, Oak Brook, IL 60523
/P.I.N. 06 -24- 206 -044). ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. CENTERPOINT PROPERTIES TRUST ON BEHALF OF YORK ROAD
PROPERTIES — 2001 YORK ROAD — SPECIAL USE - HELIPORT
CenterPoint Properties Trust on behalf of York Road Properties, LLC, has submitted
a petition seeking approval of a special use in order to construct and operate a
heliport. The heliport would be constructed at 2001 York Road on an unused parking
lot on Lot 3 which is located in the southeast corner of the property, just west of the
intersection of Windsor Drive and Bliss Drive.
Key elements of this request include:
• heliport will be designed in accordance to IDOT Division of Aeronautics
standards.
• operation of the heliport shall be limited to 7:00 am to 10:00 pm Monday through
Saturday, and on Sunday with 72 hours notice to the Village.
• refueling, maintenance and helicopter storage shall not be permitted.
• anticipated use would be three to six times per month.
• CenterPoint Properties would be the primary user of the facility.
Recommendation:
The Plan Commission, by a vote of 7 to 0, and the Zoning Board of Appeals, by a
vote of 5 -0, recommended approval of the requested special use for a heliport at 2001
York Road subject to the following conditions:
• The heliport will be constructed in accordance with the plans as submitted.
• Formal IDOT approval is received by the Village prior to construction and
operation of the heliport.
• It is to be operated as detailed on page G and G -1 of the case file.
• The frequency of use shall not exceed 10 times per month, unless the Village of
Oak Brook has been notified and has approved the additional use in advance.
• Directed the applicant to contact the objectors, (Advocate Health and the Forest
Glen Homeowners Association) to discuss and address concerns and issues.
In making this recommendation, the Zoning Board of Appeals concurred with the
Plan Commission that the proposed heliport will be constructed in accordance to all
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7. C.
Village of Oak Brook standards for heliports as well as the standards of IDOT
Division of Aeronautics. In addition, the proposed special use is deemed reasonable
and does not appear to jeopardize the public health, safety and general welfare of any
party.
Staff Comments:
As recommended by the Zoning Board of Appeals, the applicant has indicated in
recent correspondence that they have met with the two objectors (i.e., Advocate
Health Care and the Forest Glen Homeowners Association) on the requested heliport.
With respect to issues raised by Advocate Health Care, several design and operational
limitations have been agreed to and are outlined in the October 8 memorandum
between Chuck Henschel — CenterPoint Properties and Jim Slinkman — Advocate
Health Care. The applicant has asked that these modifications be incorporated into
the special use request.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the
recommendation of the Plan Commission and Zoning Board of Appeals and approve
the requested special use and authorize the Village Attorney to draft the necessary
ordinance for final consideration at the November 9, 2004 Board of Trustees meeting.
VOICE VOTE: Motion carried.
D. VILLAGE OF OAK BROOK - TEXT AMENDMENT -- CHAPTER 14 -
ADMINISTRATION AND ENFORCEMENT OF THE ZONING ORDINANCE --
PUBLIC HEARING SIGNAGE
The Village of Oak Brook has submitted a request for a text amendment to Chapter
14 of the Zoning Ordinance to enhance the notification process associated with public
hearings for zoning changes (i.e., map amendments), special uses and variations.
Specifically, the proposal is to require the placement of a sign on the property to
announce that the property is subject to a pending public hearing before the Village.
A summary of the proposed amendment is as follows:
Proposed Text Amendment: Chapter 14 — Administration and Enforcement. (New
language is underlined, deleted language is shown with a strike - through).
Section 13 -14- :Notification:
A In the case of applicants for a zoning change (i.e., map amendment, special use or
variation, legal notice shall be published, not more than 30 days, nor less than 15
VILLAGE OF OAK BROOK Minutes Page 8 of 21 October 26, 2004
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7. D.
days before the date set for the public hearing, in a newspaper of general circulation
within the Village of Oak Brook Not less than ten (10) days' notice of the time and
place of hearing shall be given in person or by mail to the applicant. The Secretary
shall send a copy of a notice to all persons who are listed on the County Assessor's
records for property within 250 -feet (not including public right's -of -way) of the
property proposed to be changed or altered The notice shall state the time and place
of the hearing, the name of the applicant, the location of the property and brief
statement of the nature of the request.
B Any applicant requesting a zoning change (i.e., map amendment, special use or
variation for which a public hearing will be held, shall also provide notice of the
required public hearing by posting a sign on the subject property informing the
general public of the upcoming hearing in accordance with the following
requirements:
1 Such sign shall be posted on the subject property at a location oriented to and
readable from the nearest adjacent street or roadway. However, where a parcel abuts
two or more streets or roadways, one such sign oriented to and readable from each
abutting street or roadway is required.
2 If no public road abuts the property, the sign shall be placed on the property in
question in such a position as may be most readily seen by the public.
3 Public notification signs shall be posted not less than 15 days prior to the public
hearing and shall not be removed until after the public hearing has been completed
unless otherwise directed to do so by the Community Development Director. The
applicant shall remove all signs within 48 hours after the closing of the public
hearing.
4 The public notification signs shall be weatherproof and measure no smaller than
two (2) feet by three (3) or be no larger than twelve (12) square feet and shall be
mounted at least three (3) feet above the ground.
5 For consistency, said sign shall read as follows:
NOTICE
PUBLIC HEARING FOR THIS PARCEL
WILL BE HELD
For more information call:
Village of Oak Brook 630- 990 -3045
6 Any applicant requesting the subdivision of a parcel shall also provide notice by
posting a sign on the subject pro-erty in a manner consistent with the requirements
for posting_public hearing signs.
VILLAGE OF OAK BROOK Minutes Page 9 of 21 October 26, 2004
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7. D.
Recommendation:
The Zoning Board, by a vote of 5 to 0, concurred with the Plan Commission
recommendation to approve the proposed text amendment to Chapter 14 of the
Zoning Ordinance subject to the following modifications:
• The Village should manufacture and place /remove the public hearing notification
signs.
• A fee should be assessed to the applicants to cover the cost sign production,
maintenance and placement/removal.
In making this recommendation, the Zoning Board concurred with the Plan
Commission findings that:
1. The notification process to inform the public of pending requests for zoning
changes (i.e., map amendments), special uses, variations and subdivisions is
viewed to be an important step in the Village's Board and Commission processes.
2. At the present time, notification for all public hearings involve: the placement of
a notice that is published in a local newspaper, sending resident letters to all
property owners located within 250 feet of the request (not including right -of-
ways) informing them of the request as well as the date, time and location of the
hearing. Additionally, the Village forwards a copy of the resident letter as a
courtesy, to all Village recognized homeowners associations.
3. Despite the Village's notification efforts, some property owners have commented
that they did not receive formal notification or did not have any knowledge that a
property was subject to an upcoming hearing.
4. A number of other communities in the region require the placement of signs on the
property that is subject to an upcoming public hearing.
5. The Village has considered the requirement to also require the placement of signs
on the property that is subject to an upcoming public hearing.
6. The controlled placement of a sign on a property will provide additional
opportunities for Village residents to learn of pending public hearings and provide
them with the ability to participate in the process.
7. No negative comments have been received from any resident or property owner
relative to this request.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the findings
of the Plan Commission and Zoning Board of Appeals and approve the requested text
amendment to Chapter 14 of the Zoning Ordinance and authorize the Village
Attorney to draft the necessary ordinance for final consideration at the November 9,
2004 Board of Trustees meeting. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 10 of 21 October 26, 2004
8. UNFINISHED BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE 2004- ZO -V -EX 1 -S -1086, BUTLER NATIONAL GOLF
COURSE — 2616 YORK ROAD — "AN ORDINANCE GRANTING A
VARIATION FROM THE PROVISIONS OF SECTION 9 -6 -3 -V OF TITLE 9
( "STORM WATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION
CONTROL REGULATION ") OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK RELATIVE TO RELOCATING EXISTING BUNKERS
AND TEE BOXES WITHIN THE FLOODWAY OF SALT CREEK (Butler
National Golf Club — 2616 York Road, West of York, South of 22nd Street, East
of Jorie Boulevard, Oak Brook, IL 60523 (170 acres) P.I.N. #s 06 -26 -401 -002,
06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018)
The golf course is built within the floodway of Salt Creek. The work that Butler
National Golf Club will do pursuant to this variation will allow the golf course to
be more accessible sooner after a flooding experience. Any impact of the
revisions will be contained within the Butler National Golf Club property. There
should be no impact either upstream or downstream from the site.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, for passage of Ordinance
2004- ZO -V -EX 1 -S -1086, "An Ordinance Granting A Variation From The
Provisions Of Section 9 -6 -3 -V Of Title 9 ( "Storm Water, Floodplain, And
Sedimentation And Erosion Control Regulation ") Of The Village Code Of The
Village Of Oak Brook Relative To Relocating Existing Bunkers And Tee Boxes
Within The Floodway Of Salt Creek (Butler National Golf Club — 2616 York
Road, West of York, South of 22nd Street, East of Jorie Boulevard, Oak Brook,
IL 60523 (170 acres) P.I.N. #s 06 -26- 401 -002, 06 -26- 202 -002, 06- 25- 101 -002,
06 -25- 300 - 018)" granting a variation to Butler National Golf Club to
permit the relocation of existing bunkers and tee boxes within the floodway of
Salt Creek. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) UTILITY TAX ORDINANCE OPTIONS
a. 5% RATE -- AN ORDINANCE FURTHER AMENDING ORDINANCE G-
470 ESTABLISHING A UTILITY TAX WITHIN THE VILLAGE OF OAK
VILLAGE OF OAK BROOK Minutes Page 11 of 21 October 26, 2004
8. B. 2) a.
BROOK, ILLINOIS — SUNSET DATES ONLY
b. ORDINANCE 2004- TX -UT -G -763, "AN ORDINANCE FURTHER
AMENDING ORDINANCE G -470, ESTABLISHING A UTILITY TAX
WITHIN THE VILLAGE OF OAK BROOK, ILLINOIS and ORDINANCE
2004- TX -UT -G- I "AN ORDINANCE AMENDING CHAPTER 4
(MUNICIPAL ELECTRICITY TAX) OF TITLE 5 (MUNICIPAL TAXES) OF
THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
The Village first imposed utility taxes on various utilities in 1991. When the tax
was originally imposed, the enabling ordinance included a one year "sunset"
provision so that the Village Board could review both necessity and the rates of tax
annually. The tax has been re- imposed each year thereafter (at varying rates) and
the current ordinance imposing this tax expires on December 31, 2004.
When the 2004 -2008 Five -Year Financial Plan was completed, it was projected
that these taxes were needed at the maximum rate of 5% for the duration of the
planning period. Although the non -home rule sales tax referendum was successful
and will result in additional revenues in excess of $2 million annually, due to
restrictions on this revenue sources (public works items), it has been planned that
100% of the utility tax would be redirected to the General Corporate Fund in order
to fund operating programs, begin to increase cash reserves back to the six month
level, etc. Although the Village Board has not yet considered either the 2005
Budget or 2005 -2009 Five -Year Financial Plans, action on this item is requested at
this time in order to give appropriate notice to the utilities of the Village's intent to
continue imposition of these taxes.
This issue was continued from the meeting of October 12, 2004 so that the Board
could obtain further information as to whether consideration could be given to
reducing the rate of tax to 4 %. As a practical matter, if the Board elects to lower
the rate of tax on both electric and natural gas service, it is required that a second
ordinance be adopted since most of the utility tax on electric service is collected
using the Municipal Electricity Tax, which is a ten rate tier per kilowatt hour tax
(there is no sunset provision on this tax; thus, continuing the tax at the present rate
does not require Village Board action).
Trustee Yusuf suggested setting priorities which he indicated his first priority
before doing that is to institute free scavenger pickup which returns 100% of those
funds to our residents. He offered that he would be happy to reduce the utility tax
further if funds were available but the Board should prioritize what needs to be
VILLAGE OF OAK BROOK Minutes Page 12 of 21 October 26, 2004
8. B. 2)
done.
Trustee Caleel called some points to the Board's attention relative to a reduction in
the utility tax but also in terms of payment of garbage collection. Almost a year
ago the Board asked for referendum to increase the sales tax by .25% which gave
the Village in excess of $2,000,000 for the Village's shortfall in the budget
process. Fortunately, the residents approved that referendum and the Village will
receive an estimated $2,250,000 for the year beginning July 1, 2004. There is a
delay by the State of Illinois as the State's payment is delayed by three months to
the municipality. The Village's first payment was $190,000.
The budget last year was presented to the Board with a $1,000,000 deficit and the
Board returned it to the staff and Finance Director Langlois to balance the budget.
The budget was reduced by $900,000 to $1,000,000 by removing items that were
necessary to purchase. Now the Board is discussing a 1% reduction in the utility
tax which amounts to approximately $400,000, garbage collection cost of
$400,000 and some items that were not purchased at a cost of approximately
$100,000. He suggested the $2,000,000 is already spent from the .25% tax
increase and the Village was in difficulty of having a balanced budget with six
months of operating funds in reserve. Now the Board is discussing spending funds
before the budget is being addressed.
Finance Director Langlois explained that the utility tax is scheduled to expire at
the end of the year and typically there is a forty -five (45) day notice requirement in
order to change the tax. He suggested that the Board pass the utility tax at 5% then
the Board could review the budget and lower it if necessary at that time.
Trustee Zannis asked Attorney Spiroff that when it comes budget time, the Village
has an ordinance that states the Village should have a six -month cash reserve. She
asked if the Board has a legal obligation to fulfill that guideline. Attorney Spiroff
stated there is a legal obligation but indicated there is no penalty for failing to
comply as it is a statement of policy by the Board of Trustees. She asked if a
citizen could file a complaint that the Board of Trustees is not following the law.
Trustee Caleel indicated that the Board discussed the last time the Village was not
on the margin of having a six -month cash reserve and that it would pass a new
ordinance stating it would be a four -month reserve. The Board did not take that
action as the budget was reduced.
Trustee Zannis stated she was not in favor of the 5% utility tax and she was not in
favor when it was voted. She strongly wishes it to be reduced as she believes it is
owed to the citizens of Oak Brook. She indicated the Board's first obligation
VILLAGE OF OAK BROOK Minutes Page 13 of 21
46
October 26, 2004
8. B. 2)
should be the ordinance rather than the garbage collection.
Trustee Caleel responded that it is not that the Board of Trustees does not want to
do it but that there is a $2,000,000 shortfall of where the budget was last year at
this time. If the Board approves a utility tax reduction and then approves the
Village paying for garbage pickup, all of the funding will have spent.
Trustee Zannis remarked that if the Village has a shortfall of $1,000,000 and the
Village will have infusion of $2,250,000 from the sales tax revenue that would
leave $1,250,000 to be on par. Trustee Caleel then responded that the Village does
not meet the six -month requirement and the financial projections indicate it will be
even worse.
Trustee Zannis suggested that the Finance Director would need to build his budget
based on the direction the Board of Trustees presents to him. If the Board states
that it is necessary to fulfill the six -month ordinance commitment, then the budgets
will be built accordingly. If this is not done, then the budgets will be built
accordingly.
Trustee Caleel offered that the Board have everything remain as it is now and after
the budget is before the Board, then determine whether the Village could afford
garbage collection and /or decrease the utility tax rate by 1 %. Then the Board
could also determine how to address the Village's financial situation and would
the Village have a six -month cash reserve.
Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Ordinance
2004- TX -UT -G -763, "An Ordinance Further Amending Ordinance G -470,
Establishing A Utility Tax Within the Village of Oak Brook, Illinois ". ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Yusuf.
Nays: 1 - Trustee Zannis.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS
1) RESOLUTION 2004- AG- SW- D -EX1 -R -888, "A RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENT FOR RESIDENTIAL
MUNICIPAL WASTE AND RECYCLING COLLECTION SERVICES"
At the Village Board meeting of October 12, 2004, the Board approved a motion
to reject all proposals received for the Oak Brook Municipal Waste Hauler and
Recyclables Collection Service (refuse, recycling, and landscape waste). Further,
VILLAGE OF OAK BROOK Minutes Page 14 of 21
October 26, 2004
8. C. 1)
the Village Board directed staff to negotiate with the current Oak Brook waste
hauler, BFI.
As directed, staff met with representatives of BFI on Friday, October 15, 2004. The
terms discussed mirrored the terms outlined in the current waste collection program
for a term from November 1, 2004 through December 31, 2007. The result of the
staff negotiations with BFI include the following:
Maintain the existing collection day of Monday of each week;
Maintain the optional second day of two day service as Thursday of each week;
Established a set Holiday schedule in which collection day will trail by one day;
Maintain the current optional collection packages:
A. Once - Per -Week Curbside (Standard Collection): Flat rate collection service of
Refuse and Recyclables and "volume- based" Yard Waste;
B. Twice - Per -Week Curbside: Flat rate collection service of Refuse and
Recyclables and "volume- based" Yard Waste;
C. Once - Per -Week Back Door: Flat rate collection service of Refuse and
Recyclables and curbside "volume- based" Yard Waste;
D. Twice - Per -Week Back Door: Flat rate collection service of Refuse and
Recyclables and curbside "volume- based" Yard Waste collection.
The rates for these options were submitted according to two payment options: 1)
Customer Billing; and 2) Municipal Billing and the rates are as follows:
BFI Waste Systems of North America, Inc.
The following are the rates submitted by BFI that, if approved, would be in effect
from November 1, 2004 through December 31, 2007
Rates provided for Customer Billing (Status Quo):
Options
Description
Year 1
Year 1
Year 2
Year 3
Current
November
January 1,
January 1,
January 1,
with BFI
1, 2004 to
2005 to
2006 to
2007 to
December
December
December
December
31, 2004
31, 2005
31, 2006
31, 2007
Customer
Once -Per-
12.51
13.55
14.00
14.50
12.51
Billing
Week
Curbside
Twice -Per-
19.24
21.35
22.30
23.30
19.24
Week
Curbside
Once -Per-
19.09
20.00
20.75
21.45
19.09
Week Back
VILLAGE OF OAK BROOK Minutes Page 15 of 21
October 26, 2004
8.0
1)
Rates provided for Billing through the Village of Oak Brook (One Invoice):
Options
Door
Year 1
Year 1
Year 2
Year 3
Current
Twice -Per-
28.64
29.90
30.95
32.00
28.64
Week Back
1, 2004 to
2005 to
2006 to
2007 to
Door
December
December
December
December
Yard Sticker
1.82
1.96
2.05
2.14
1.82
Rates provided for Billing through the Village of Oak Brook (One Invoice):
Options
Description
Year 1
Year 1
Year 2
Year 3
Current
November
January 1,
January 1,
January 1,
with BFI
1, 2004 to
2005 to
2006 to
2007 to
December
December
December
December
31, 2004
31, 2005
31, 2006
31, 2007
Municipal
Once -Per-
N/A
12.80
13.25
13.70
N/A
Billing
Week
Curbside
Twice -Per-
N/A
21.35
22.30
23.30
N/A
Week
Curbside
Once -Per-
N/A
19.90
20.60
21.30
N/A
Week Back
Door
Twice -Per-
N/A
29.15
30.15
31.20
N/A
Week Back
Door
Yard Sticker
N/A
1.96
2.05
2.14
N/A
In addition, the Agreement requires the following specific provisions by the
contractor for the life of the agreement:
1) Performance Bond of $125,000 (approximately 3 months of Collections
revenue);
2) Non- Assignment Clause with stipulation;
3) Optional Billing Procedures at the Village's discretion;
4) Village Requirements for Insurance Coverage, Indemnification;
5) Damage Provisions for non - performance /strikes;
6) Village of Oak Brook Facilities to receive free standard service;
7) Two free Christmas Tree Collections for Residents;
8) Alternate Quote for Special Services, i.e., Street Cleaning (in the event Public
Works would require back -up) and alternate quote for Leaf Hauling to assist the
Village Leaf Program performed by Public Works; and
9) A required Transition Period/ "Grace" Period for residents to insure a smooth
transition between agreements, including the ability for residents to utilize yard
VILLAGE OF OAK BROOK Minutes Page 16 of 21 October 26, 2004
0
8. C. 1)
waste stickers purchased at lower rates and freeze the current rates until December
31, 2004.
In addition, the agreement requires public notification to residents in the form of
brochures and newsletters to keep residents informed of any and all changes in
services prior to the changes occurring. BFI and Staff have targeted November 15,
2004 for the first mailing to go out as the grace period of the Agreement freezes
the current provisions including rates through December 31, 2004.
Trustee Caleel made a motion to continue this until the budget is addressed by the
Board of Trustees as they would know whether it is affordable to bid out in terms
of the Village paying for it or whether residents.
President Quinlan suggested there could be a problem with this as the contract
terminates as of October 31, 2004. Trustee Caleel offered that since BFI has been
with the Village a long time that they may be willing to continue at the present rate
until such time as the budget is addressed by the Board of Trustees.
Village Manager Boehm explained that according to the agreement the collection
rate would continue as it is through the end of the year. BFI would bill the
residents directly unless the Board decides to do a direct bill to the Village of Oak
Brook.
Trustee Caleel noted that when he looked at the bids in terms of what was being
offered for the Village paying, there should be some consideration that they are
sending one bill rather than 3,000. President Quinlan stated there was a reduction
but Trustee Caleel indicated it was not enough.
Manager Boehm stated it would be at the discretion of the provider if they wish to
continue garbage service to the residents in Oak Brook. The Board had asked staff
to come back and negotiate a contract with BFI as they had not discussed this. BFI
did meet and exceed the low proposal that was previously submitted.
Trustee Korin noted that the Board had requested that BFI come back to the table
because of the Board's concern of losing their service of twenty (20) years to the
residents of Oak Brook as they had good approval ratings with their service. She
suggested that, acting in good faith, the Board should decide on this whether the
Village pays for removal of garbage or individual citizens. In each case BFI met
Crown's bid and when they were lower than Crown in certain areas, they kept it
lower. She stated that BFI came to the table and recommended that the Board pass
the motion.
VILLAGE OF OAK BROOK Minutes Page 17 of 21 October 26, 2004
L�
8. C. 1)
Trustee Caleel withdrew his motion.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, for passage of Resolution
2004- AG- SW- D -EXl -R -888, "A Resolution Authorizing Execution of Agreement
for Residential Municipal Waste and Recycling Collection Services" and thereby
waiving the Competitive Proposal Provisions of Village Code 1 -7 -4. ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Abstain: 1 - Trustee Caleel.
Absent: 0 - None. Motion carried.
D. APPOINTMENT OF PERMANENT POLICE CHIEF -- MOTION TO ADOPT A
RESOLUTION
Trustee Aktipis, joined by other trustees, have requested that this matter be placed on
the agenda.
Trustee Aktipis commented that residents appeared before the Board this evening and
they made various comments many of which include substantial amounts of
misinformation and misunderstanding of what the real issues have been between the
Board of Trustees and the Village President. He believes that by perpetuating those
misunderstandings that this would not be a good service to the Board of Trustees,
Village President and residents and to themselves. There seems to be some notion that
the name of the family that is central to the legal deliberations came out of the result of
the Trustees taking some action that exposed them. He indicated that the fact remains
the name became public during court proceedings that were initiated by the Village
President. During legal proceedings there is always a risk of names coming to the
surface but they were not spelled out by any Trustee as he was present in those
proceedings.
Trustee Aktipis stated that the motion is to put a limit on the temporary appointment
that the Village President has presented to the Board several months ago. It should be
clear to all residents that, in spite of claims to the contrary, that there hasn't been any
personal animosity or egos between the Village President and Board of Trustees. The
Village Trustees and the President have had a fairly good working relationship during
the early part of the President's tenure but some serious questions were raised among
the Trustees when an attempt was made to use a temporary appointment as a way of
bypassing the process of a permanent appointment that would require the consent and
participation of the Trustees.
Trustee Atkipis remarked that the Board is in a position today to pass a resolution as
VILLAGE OF OAK BROOK Minutes Page 18 of 21 October 26, 2004
GG
8. D.
the Village President took the Trustees to court and the Judge ruled that the Village
President did have the ability to make a temporary appointment but that the Village
President did not have the statutory authority to turn that appointment into a
permanent appointment. The Judge made it clear that the Village President would
need to seek advice and consent of the Trustees within a short and reasonable period
of time. The Judge also indicated her expectations that if the Village President does
not promptly move to nominate a permanent Police Chief, that the Trustees would
file a motion against the Village President for malfeasance or other violations of the
Village President's statutory duty. She scheduled a status report in mid - November
and said that her expectations were that this process for appointment of a permanent
Police Chief would be well underway. He believes that the Judge's ruling completely
affirms the views of the Board of Trustees that the temporary appointment cannot be
used to bypass a normal process for making an appointment. He believes that the
Board of Trustees has been vindicated in its commitment and adherence to the
principle that municipal government should not be run in an autocratic manner and all
this has nothing to do with egos or personal animosities.
Trustee Yusuf asked how long Acting Police Chief Carpino was working before the
Board took away his pay. He indicated it was not more than a week or two. Trustee
Zannis indicated the Board did not want to take his salary away. First the Board
stated is he legally employed, who entered into an employment contract with him as
the Board did authorize an employment contract to be written. The Board did not
offer a budget to be expended. She asked if there was a legal standing for his
employment and the Board thought no there wasn't as the Board had not directed the
Village Manager to execute an employment contract and he does not have the right to
do that on his own. So given what the Board knew at that time, she indicated those
were the two issues as the Board needed to be asked if the Village could spend public
funds. Trustee Zannis indicated that if the Board had been asked they would say yes
but if not asked, the money cannot be spent.
President Quinlan interjected at this point that Judge Wheaton's verdict speaks for
itself.
Trustee Zannis commented what happened was not because they were trying to oust
or usurp authority of the Village President but it was a matter if the Board of Trustees
has rights to spend those funds. Trustee Caleel asked to call the question.
Motion by Trustee Aktipis, seconded by Trustee Korin, to adopt a Resolution:
Whereas, John M. Carpino was appointed by the Village President as Acting Police
Chief of the Village of Oak Brook on July 1, 2004, Whereas the Board of Trustees of
the Village of Oak Brook approved an Ordinance limiting the tenure of acting
appointee to thirty (3 0) days on October 12, 2004 and Whereas, more than thirty (3 0)
VILLAGE OF OAK BROOK Minutes Page 19 of 21 October 26, 2004
8. D.
days have elapsed since the appointment of Acting Police Chief Carpino, Therefore
the Board urges the Village President to bring forward the name of a qualified
candidate for Police Chief by November 3, 2004 for advice and consent by the
Trustees. VOICE VOTE: Motion carried.
9. NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS - None.
C. AWARD OF CONTRACTS - None.
10. INFORMATION & UPDATES:
Trustee Korin suggested that the Board give direction to Finance Director Langlois of the
prioritization of large budgetary expenditures. President Quinlan remarked that he has not
researched any of these items to have in -depth discussions.
President Quinlan recommended a Committee -of -the -Whole for such a discussion.
Trustee Korin asked to consider having the meeting at the beginning of the month rather
than at the end. She suggested that the Monday prior to the first meeting in November.
The Board concurred that on Monday, November 8, 2004 a Committee -of -the -Whole
meeting be scheduled at 7:30 p.m.
Manager Boehm indicated that staff is preparing to circulate a survey to the Board of
Trustees listing all the various options for their response. This survey would help staff
understand the general feeling of the Board on certain issues. Finance Director Langlois
did prepare a memorandum detailing some of the issues.
Finance Director Langlois stated his concern depending on the extent of policy changes or
variations that it might be difficult to have staff prepare the Municipal Budget, Five -Year
Financial Plan and Village Objectives done at the same time. He suggested that the
budget could be presented first and the other items to follow.
A. VILLAGE PRESIDENT
President Quinlan reminded those in attendance of the meeting to be careful driving on
Halloween for children in the streets during the hours of trick or treating.
B. VILLAGE MANAGER
VILLAGE OF OAK BROOK Minutes Page 20 of 21 October 26, 2004
110
11.
12.
Manager Boehm reminded those in attendance of the meeting to turn their clocks back
one hour on October 31 ". He also mentioned that the Village's leaf pick -up program
is in full progress and he requested our residents to please place their leaves on their
yards and out of the streets as they clog the Village's storm sewers. The streets then
flood which may be dangerous.
C. VILLAGE CLERK
Clerk Gonnella reported that for the November 2"d General Election the Village Clerk
and her staff sent 122 absentee ballot applications to residents, registered 108 residents
in DuPage and Cook Counties and 215 residents voted in- person in the Clerk's office.
ADJOURN TO CLOSED MEETING:
President Quinlan had announced earlier in the meeting that the closed meeting of the
Board of Trustees had been canceled, as the Board will receive the information in a
confidential memorandum.
Trustee Craig commented of the appointment of a permanent Police Chief in Oak Brook
and stated that he would personally like to meet with John Carpino. He recommended
that whoever the Village President appoints that all of the Trustees interview the person.
ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Yusuf to adjourn the meeting at 8:30 p.m.
VOICE VOTE: Motion carried.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 21 of 21
October 26, 2004