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Minutes - 11/22/2005 - Board of Trustees1. CALL TO ORDER 2. 3. MINUTES OF THE NOVEMBER 22, 2005 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 13, 2005. 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. ROUT. CAT T. Village Clerk Linda Gonnella called the roll with the following persons PRESENT. President Kevin M. Quinlan, Trustees Stelios Aktipis, Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Asif Yusuf. ABSENT: Trustee John W. Craig. IN ATTENDANCE: Richard B. Boehm, Village Manager, Jeffrey Moline, Assistant Village Manager; Kenneth T. Kubiesa, Village Attorney; Dale L. Durfey, Jr., Village Engineer; Robert L. Kallien, Jr., Director of Community Development; Michael J. Meranda, Director of Public Works and Nelson Patras, Interim Bath & Tennis Club Manager. PRESIDENT'S OPENING COMMENTS President Quinlan commented on the financial status of the Village since several issues were raised at the last meeting. During the budget process for the 2005 year the previous Board made a decision to restore the six -month reserve of which a portion had been used for capital projects that had begun prior to the change in the economy and made it the top priority for the budget. He announced that the projections that provided for the restoration to be completed by July of 2006 will actually be achieved by the end of 2005, six months ahead of schedule. He reported that as a result there would be an incremental amount of $712,000 by the end of 2006. He added that in addition to having additional funds in the reserve account, the Village will be able to reinstitute capital projects that had been deferred due to a lack of funding and goal priorities. He felt that this shows that the Village is in sound financial shape. President Quinlan also commented that the Village was under funded for pensions, but that was the case across the board for all of DuPage County and throughout the State. He indicated that this occurred for several reasons. One reason was the downturn in the economy since the pension funds are reactive to the stock and bond market. Another reason was that there had been several significant disability claims that had to be paid from the pension fund He added, however, that even with those factors against the Village, investment strategies have changed and the Village is rapidly building those VILLAGE OF OAK BROOK Minutes Page 1 of 10 November 22, 2005 3. funds. He reported that the Police Department pension fund ranks number one as far as funding, and the Fire Department fund ranks number 6 across all of DuPage County. He feels that the Village and the pension funds are in solid financial shape. President Quinlan reported that a promised town hall meeting related to the Revitalization Task Force will not come to fruition until mid to late January in the interest of being thorough and inclusive. President Quinlan indicated that the Board has removed Agenda Item 9. C. Award of Contracts, 1) Village Beautification Project: the award of contract to Hitchcock Design Group. He reported that several proposals had been received from major universities that were aware of what the Village was attempting to do, offer that they might have an opportunity to help the Village precede with the project in a more cost effective way. He emphasized that a beautification project is not just about planting trees. President Quinlan reported on the Child Lure program offered by the Oak Brook Police Department and the Oak Brook School District to teach children how to protect themselves from the dangers that they face. He also reported that staff is preparing the Village's licensed local liquor establishments with information to encourage enforcement of liquor laws to be assured that celebrations are done safely and properly. President Quinlan invited the public to join the christening of the new ambulance. This vehicle will be named Joe after Joe Nessel who was the first Assistant Fire Chief. He noted that State Senator Peter Roskam will be in attendance. 4. RESIDENT /VISITOR COMMENT — None presented. 5. APPROVAL OF MINUTES A. SPECIAL MEETING OF THE BOARD OF TRUSTEES OF NOVEMBER 1, 2005 Trustee Kennedy indicated that he had notified the Village Clerk of minor corrections to the minutes. Motion by Trustee Sanford, seconded by Trustee Yusuf, to approve the Minutes of the November 15 2005 Regular Board of Trustees Meeting as amended. VOICE VOTE: Motion carried. B REGULAR BOARD OF TRUSTEES MEETING OF NOVEMBER 8, 2005 Trustee Aktipis requested that the minutes be amended under Agenda Item 9. C. 1) Village Beautification Project, page 4 to include his following comment: "Trustee VILLAGE OF OAK BROOK Minutes Page 2 of 10 November 22, 2005 5. B. Aktipis indicated that the Village was incurring substantial future liabilities in the form of funding pension plans and therefore only expenses for essential services should be considered by the Village at this time." Motion by Trustee Manofsky, seconded by Trustee Aktipis, to approve the Minutes of the November 8, 2005 Regular Board of Trustees Meeting as amended. VOICE VOTE: Motion carried. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Manofsky, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. A. Accounts Payable for Period Ending November 18, 2005 - $832,003.49 Significant Items included in Above: 1) DuPage Water Commission - $173,883.56 2) Debt Service Payment — 2003 Installment Contract Certificates 3) Debt Service Payment — 2001 Installment Contract Certificates 4) Legat Architects — Payout #I — HVAC Screening - $7,505.96 5) Alvord, Burdick & Howson, L.L.C. — Payout #4 & Final — Water Rate Study - $2,822.20 B. Approval of Payroll for Pay Period Ending November 5, 2005 - $668,652.31 C. Community Development Referrals 1) Forest Preserve District of DuPage County — 1717 Oak Brook Road (Mayslake Peabody Estate) — Special Use Amendment 2) Breakenridge Woods, L.L.C. — Approximately 57 Acres of Vacant Land South of 35th Street and East of Route 83 - Map Amendments to R -2 and R -3 D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Landscape Maintenance Services 2) Commercial Water Meter Testing, Repair and Replacement Services E. Budget Adjustments F. Treasurer's Report — October, 2005 G. Authorization to Pay Bills on December 29, 2005 H. Proposed 2006 Municipal Budget — Place on File for Public Review I. Acceptance of Oakland Subdivision Improvements, Reduction in Subdivision Security J. Request for Waiver of Fees — Forest Preserve District of DuPage County — 1717 Oak Brook Road (Mayslake Peabody Estate) VILLAGE OF OAK BROOK Minutes Page 3 of 10 November 22, 2005 7. 0 ITEMS REMOVED FROM CONSENT AGENDA — None presented. BOARD & COMMISSION RECOMMENDATIONS A. THE ENVIRONMENTS GROUP — 1110 JORIE BOULEVARD — SPECIAL USE AND VARIATION TO THE ZONING ORDINANCE At its meeting on November 1, 2005, the Zoning Board of Appeals held the required public hearing on two petitions from The Environments Group, on behalf of Jorie Boulevard partners, LLC, the owner of the property and office building at 1110 Jorie Boulevard seeking approval of a variation to Section 13- 10A -3C.1 and special use in order to construct a single -bay drive -in banking facility on the south side of the existing office building. Private Bank plans to relocate their existing facilities at the southwest corner of Rte. 83 and 16"' Street to this location. The proposed drive -in banking facility will encroach approximately 22'8" into the required 100 -ft. front yard setback. The canopy which will be built will match the existing design and architecture of the building Variation By a vote of 6 to 0 the Zoning Board of Appeals recommended approval of the variation as requested subject to the conditions listed below. There was a finding that the applicant has met the required standards for a variation. Also, no comments were received from the neighboring property owners that the proposed variation would negatively impact any adjacent property. 1. Approval of the proposed special use to permit and construct a drive -in banking facility. 2. The project is to be developed in substantial conformance with the Elevation and Site Plan as submitted, dated September 26, 2005 on pages O and P of the case file. Special Use By a vote of 6 to 0, the Zoning Board of Appeals concurred with the Plan Commission finding that the applicant satisfactorily addressed all of the applicable factors required for a special use and recommended approval of the special use as requested subject to the following conditions: 1. Approval of the proposed variation to permit drive -in banking facility to be located within the front yard setback along Jorie Boulevard. 2. The project is to be developed in substantial conformance with the Elevation and Site Plans as submitted, dated September 26, 2005 on pages O and P of the case file. VILLAGE OF OAK BROOK Minutes Page 4 of 10 November 22, 2005 A a a 3. That additional landscaping is to be located between the building and Jorie Boulevard to enhance the aesthetics of the area as well as lessen the visual impact of locating the drive -in facility in front yard. Staff is to review and approve the plan at the time of permitting. The proposed fencing is to not exceed the height of 42- inches. 4. Approval of the special use will be based on the current business model of the PrivateBank and will continue subject to the customer and traffic estimates being satisfied as presented at the public hearing. Variation Motion by Trustee Sanford, seconded by Trustee Aktipis, to concur with the recommendation from the Zoning Board of Appeals to approve the requested variation to reduce the front yard setback on Jorie Boulevard from 100 feet to approximately 77'4" feet for the property at 1110 Jorie Boulevard and authorize the Village Attorney to draft the necessary ordinance for final consideration at the December 13, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. Special Use Motion by Trustee Sanford, seconded by Trustee Aktipis, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested special use for a drive -in banking facility consisting of single - bay located along the south side of the building at 1110 Jorie Boulevard and authorize the Village Attorney to draft the necessary ordinance for final consideration at the December 13, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS —None presented. C. AWARD OF CONTRACTS 1) VILLAGE BEAUTIFICATION PROJECT A Request for Qualifications (RFQ) was approved by the Village Board at its March 8, 2005 meeting. Of the firms responding to the RFQ three were selected to be interviewed by a team of staff members. Included on this team were Mike Meranda, Bob Kallien and Rick Boehm. The firm of Hitchcock Design Group was recommended by staff and that firm made a presentation to the Board at a Committee of the Whole Meeting held on September 26, 2005. The Board VILLAGE OF OAK BROOK Minutes Page 5 of 10 November 22, 2005 9. C. 1) members expressed confidence in this firm and a contract including Scope of Services was negotiated. This matter was continued for two weeks at the Board's November 8, 2005 meeting to wait a full Board and to determine if the Commercial Revitalization RFQ process would incorporate a portion of this study. President Quinlan announced earlier in the meeting that this Agenda Item was being removed from the agenda as Trustee Sanford had presented some proposals from major universities that are willing to work with the Village of Oak Brook with their landscape design groups as an alternative to the proposed $85,000 beautification project by Hitchcock Design group. Further open meetings will be held regarding this matter for public input. D. WATER RATE INCREASE At the April 12, 2005 Board meeting, a contract was approved authorizing Alvord, Burdick and Howson, L.L.C. (AB &H) of Chicago, Illinois to conduct a water rate study. The focus of the study was to identify necessary operating and long -term capital expenses and then determine appropriate water rate options that would insure sufficient revenues to fund said expenditures while maintaining a minimum six -month operating fund balance similar to that of the General Corporate Fund. Over the past several months, AB &H with staff assistance and input, inventoried all water system infrastructure, prepared infrastructure replacement schedules and included options for above - ground and elevated storage improvements encompassing 15, 20 and 30 year time periods. Knowing that it is near impossible to predict with any accuracy future events they may impact revenues and /or expenditures, we have sharpened the focus on the next 15 years. AB &H presented their report and recommended options at the October 24, 2005 Committee -of -the -Whole meeting. In those and other discussions that followed, a considerable amount of attention, deservedly so, was given to the need for the projected additional storage and the sizing of that storage. With respect to the elevated tank issue, though increasing the size of the tanks would remedy the operational concerns the Village presently faces, location and site conditions will require additional engineering study to determine what size tank(s) would be feasible. Consequently, other engineered solutions might have to be investigated — acknowledging that the cost could be on a par with the estimated cost of the 750,000 gallon tanks. In short, any operational solution will be expensive. Regarding ground- storage, staff utilized an additional 4.0 million gallon reservoir size VILLAGE OF OAK BROOK Minutes Page 6 of 10 November 22, 2005 9. D. for study purposes only. The need for and actual size of any future reservoir is dependent on many factors, (scope of commercial redevelopment and to a lesser degree residential growth) that will not be known for some time. For that reason, a water rate decision based on possible future ground storage is not necessary until it is absolutely clear that said storage is warranted making the option to fully bond ground - storage more appealing and appropriate. Recommendation: Based on AB &H's calculations, existing operational concerns, existing rates of surrounding DuPage Water Commission customers, and the importance of establishing a strong financial footing wherein the viability, efficiency and safety of the water system is sustained, it is staff's recommendation that: 1. A new per thousand gallon rate of $3.25, (Option ID) be approved effective January 1, 2006. 2. Water rates continue to be reviewed annually by staff to insure adequacy of long- term system obligations. Trustee Yusuf added that if the additional funds were not needed that he would recommend decreasing the rate in the future. M Trustee Aktipis expressed his concern that the rate increase was both high and premature. He recognized that one of the issues was related to high usage during the summer months which put additional stress on the system, but he felt that a better direction was to address the issue by increasing the rates to non - residents who the Village serves because he felt that their usage created the peaks of usage that the system was unable to accommodate. He felt that the Village was moving too fast in proposing a substantial rate increase. He indicated his opposition to the proposal and would vote against the increase. Trustee Sanford agreed that what was needed for the future had not been refined, but that the infrastructure had fifty year old pipes that need replacement He felt that the rate was relatively modest and further suggested that it was necessary to begin banking reserves to take care of the infrastructure. He felt that in order to keep the Village property tax free it was necessary to maintain the enterprise systems with integrity. President Quinlan commented that he agreed and that he would rather save now than get hit with a big bill later and not be prepared. Trustee Kennedy also agreed that he would like to have perfect information about what would be required, but he felt that the Village did know a lot already and the most telling information was the fact that for six or seven years that the Village has VILLAGE OF OAK BROOK Minutes Page 7 of 10 November 22, 2005 9. D. been under funding the water system in terms of rate structure and dissipating the balance in the water fund. He commented that it is known that $106,000,000 in main replacement is required and that something must be done about the two overhead tanks because they are too small for operational control and too small for gravity fed storage which could be very important in the case of a major fire. He felt that since it was known that the Village was facing some major capital expenditures it was prudent to approve this increase and begin to accumulate the funds for the capital improvements that it was known had to be made. He felt and 1% increase when faced with a shortfall for seven years, is entirely appropriate. Trustee Aktipis reiterated his concern that there were too many unknowns and that there was no crisis at this time. Motion by Trustee Yusuf, seconded by Trustee Manofsky, that staff be directed to prepare and institute a water rate increase from the current $2.85 per thousand gallons to $3.25 per thousand gallons, effective January 1, 2006. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 1 - Trustee Aktipis. Absent: 1 - Trustee Craig. Motion carried. E. BATH & TENNIS CLUBHOUSE NAME CHANGE At the August 22, 2005 Committee -of -the -Whole meeting, the Village Board directed Sports Core staff to continue to develop a marketing plan for the Bath and Tennis Club. One of the elements of the marketing strategy included changing the name of the dining and banquet facility, branded as the "Oak Brook Bath and Tennis Clubhouse ", to something more marketable. Staff developed a list of possible name brands for the facility and an "Opinion Poll" was created for the Village's website to give residents an opportunity to opine on whether a change of name should occur and if so, what name was preferred The poll was featured from October 10 through November 17 on the Village's homepage. The results from the website's opinion poll, as of 2:10 p.m. on November 17, 2005, was to retain the current name of the "Oak Brook Bath and Tennis Clubhouse ". Seventy -five people voted on this issue and 34 (45.33 %) voted to retain the name. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to recommend that the Village retain the name of the "Oak Brook Bath and Tennis Clubhouse" for our dining and banquet facility at the Oak Brook Bath and Tennis Club. VOICE VOTE: Motion carried. Acting Bath & Tennis Club Manager played a commercial that had been developed to promote business at the Bath and Tennis Club. VILLAGE OF OAK BROOK Minutes Page 8 of 10 November 22, 2005 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS —None presented. C. AWARD OF CONTRACTS —None presented. D. AMENDMENT TO TITLE 10 OF THE VILLAGE CODE — CHAPTER 4 BUILDING REGULATIONS - FEES Beginning in 2001, the Village Board has approved annual updates to the fee schedule in Chapter 10 — Building Regulations relative to fees associated with new construction activities (e.g. permits, plan review and inspections). At that time, the Board directed that the fee schedule be updated each year to ensure that a goal of cost recovery be met. Proposed Update Consistent with the Board's goal to cover Staff costs; the fee schedule applicable to our building regulations has been updated. Since our estimated 2006 costs (i.e., salaries and benefits) is proposed to increase by approximately 4 percent, each of the individual fee amounts have been updated by that amount. Some exceptions can be found where rounding was necessary or where the previous fee was found to be insufficient to cover costs. Trustee Yusuf asked to add an item to the next agenda for discussion related to fees for wells in order to encourage residents to pursue private irrigation wells. Motion by Trustee Kennedy, seconded by Trustee Yusuf, that the Village Board approve the recommended changes to the Fee Schedule in Chapter 10 — Building Regulations and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the December 13, 2005 meeting. VOICE VOTE: Motion carried. E. AUTHORIZATION TO HIRE PART -TIME LOBBYIST The City of Oakbrook Terrace has employed the services of William Filan as a consultant to assist with issues at the State level. They have asked Mr. Filan to assist in seeking funds for the 22nd Street improvement. As the two municipalities have been working on this roadway improvement together, staff was asked if the Village could participate financially with their consultant. The 22nd Street add lanes project (IL 83 to just west of IL 56) received Design Approval in 2002, currently there are no monies in the State's Road Program to perform Phase II (design plans) or Phase III (construction). The scope of the project is VILLAGE OF OAK BROOK Minutes Page 9 of 10 November 22, 2005 10E to widen the road to six lanes generally within the existing Rights -of -Way In 2002 the estimated cost of the project was just under $14,000,000 for construction, Phase II Engineering is generally 8 -10% of the construction costs By hiring a lobbyist with ties to the current State administration staff would hope to find some funding source, possibly the discretionary money from the Federal Transportation Bill, to finance the Phase II Engineering, this project would take approximately 18 — 24 months to complete In so doing, "project- ready" status can be assigned to this important highway improvement If this can be correctly timed Construction funds may be found in either the State's program or in the next Transportation Bill Motion by Trustee Sanford, seconded by Trustee Yusuf, to approve entering into an agreement with the City of Oak Brook Terrace to hire a professional lobbyist relative to the 22nd Street (I183 to U 56) Improvement Project ROLL CALL VOTE Ayes 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf. Nays 0 - None Absent 1 - Trustee Craig Motion carried 11 INFORMATION & UPDATES A VILLAGE PRESIDENT President Quinlan offered that everyone have a great Thanksgiving B VILLAGE MANAGER Village Manger Boehm reported that the Village has been working with other communities through the DuPage Mayors and Managers to hire a consultant to look at circulator transit routes in and around the Oak Brook area There is also a grant to explore connecting the rail stations in Hinsdale and Elmhurst with the business offices in Oak Brook C VILLAGE CLERK — No report was given 12 ADJOURNMENT Motion by Trustee Manofsky, seconded by Trustee Kennedy, to adjourn the Regular Meeting of the Board of Trustees at 8 12 p m VOICE VOTE Motion carried ATTEST. Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 10 of 10 November 22, 2005