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Minutes - 08/27/2013 - Board of Trustees F� Of OA V e9 MINUTES OF THE AUGUST 27, 2013 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON G o SEPTEMBER 24, 2013 V �FCOUNSy \ 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at 7:03 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal Lalmalani, Trustees Donald Adler, John Baar, Michael Manzo, Mark Moy, Gerald Wolin, and Asif Yusuf. ABSENT: None. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Community Development Director; Sharon Dangles, Finance Director; Sue Madorin, Library Director; James Kruger, Police Chief, Mike Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. PRESIDENT'S OPENING COMMENTS A. GOOGLE AWARD President Lalmalani announced that Google named Oak Brook as the 2013 eCity for the State of Illinois. The eCity Award recognizes the strongest online business community in each state. He also stated that a representative from Google will be at the September 10t' Village Board meeting to present the award. B. CHAMBER OF COMMERCE PRESENTATION Valentina Tomov, Director of Economic Development of the Greater Oak Brook Chamber of Commerce, gave a semi-annual update on the Greater Oak Brook Economic Development Partnership. She discussed the work performed by the partnership and new initiatives created. C. GFOA BUDGET AWARD President Lalmalani announced that the Village of Oak Brook has received the Distinguished Budget Presentation Award for the current budget from the Government Finance Officers Association. He presented Finance Director Dangles with a Certificate of Recognition and thanked her and the Finance Department for their hard work and dedication to achieve this exceptional award. President Lalmalani announced that a special September 1 lth ceremony will be held on VILLAGE OF OAK BROOK MINUTES Page 1 of 10 REGULAR MEETING OF AUGUST 27,2013 September I 01 at 6:30 PM at the Village Hall north parking lot near the flag poles. Immediately following the ceremony will be the regularly scheduled Village Board meeting. Finally, President Lalmalani stated that the fall newsletter can now be found on the Village website. 4. RESIDENT/VISITOR COMMENTS —NONE 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTTE MEETING OF JULY 23, 2013 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the minutes of the Regular Board of Trustees Meeting of July 23, 2013. 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. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda. A. Accounts Payable for Period Ending: August 9, 2013- $1,289,606.92 August 22, 2013 - $1,643,063.62 Significant Items included in Above: 1) Rathje/Woodward —Legal Services—June, 2013 —$3,333.33 2) Rathje/Woodward - Legal Services—July , 2013 - $3,333.33 (FYI 3 —YTD - $23,333.31) 3) Seyfarth, Shaw, LLP—Legal Services—June, 2013 - $1,667.75 (FYI 3 —YTD - $5,319.95) 4) Holland & Knight—Legal Services—June, 2013 - $25,537.43 5) Holland& Knight—Legal Services—July, 2013 - $18,337.49 (FY13 —YTD - $115,509.29) 6) Hervas, Condon and Bersani, P.C.—Legal Services—July, 2013 - $1,563.10 (FYI 3 —YTD - $4,714.62) 7) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. - Legal Services — July, 2013 $13,345.80 (FY 13 —YTD - $48,378.13) TOTAL LEGAL BILLS PAID FOR 2013-$193,072.49 8) Chamber of Commerce—Grant Payout #2 - $57,500.00 9) Christopher Burke Engineering— St. Paschal Dr./35th St. - Payout#1 - $23,323.00 VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING OF AUGUST 27,2013 10) Christopher Burke Engineering—2013 Street Improvements Project - Payout#1 - $22,708.84 11) Central Blacktop Company — 2013 Street Improvement Project — Payout #I- $223,386.68 12) DuPage Water Commission—July, 2013 - $468,673.70 B. Approval of Payroll for Pay Period Ending: 1) July 20, 2013 - $705,812.22 2) August 3, 2013 - $709,536.35 3) August 17, 2013 - $664,211.25 C. Community Development Referrals—NONE AT THIS TIME D. Authorization to Seek Bids or Proposals or Negotiate Contracts—NONE E. Budget Adjustments—NONE F. Ordinances & Resolutions 1) RESOLUTION 2013-PED-ACCESS-AG-R-1287 A Resolution Approving a Pedestrian Access Agreement by and Between the Village and General Growth Properties, McDonald's Corporation and Arden Realty 2) RESOLUTION 2013-PED-ACCESS-AG-R-128 A Resolution Approving a Pedestrian Access Agreement by and Between the Village and the Oak Brook Club 3) RESOLUTION 2013-BD-CL-MIN-EXI-R-1286, A Resolution for the Approval and Release of Closed Meeting Minutes 4) ORDINANCE 2013-PP-S-1376, An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook 5) RESOLUTION 2013-PW-CNTTRCT-CNTRCT-1289 A Resolution Approving and Authorizing the Award and Execution of a Construction Contract for the Replacement of Concrete and the Installation of Conduit by and Between the Village of Oak Brook and Crowne Industries, LTD., of Schaumburg, Illinois 6) RESOLUTION 2013-BSLMUSEUM-ENG-CHGORD-R-1293, A Resolution Authorizing a Change Order for the Heritage Center Window Restoration Project G. DuPage Convention& Visitors Bureau- 2013 Second Quarter Hotel/Motel Tax Receipts -$16,942.54 VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETING OF AUGUST 27,2013 H. Monthly Treasurer's Report—July 31, 2013 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA 1) Item 6.A.4—Holland & Knight—Legal Services—June, 2013 - $25,537.43 2) Item 6.A.5 —Holland& Knight—Legal Services July, 2013 - $18,337.49 Trustee Adler questioned charges on the Holland & Knight invoices dealing with Polo and the Comcast Franchise Agreement and whether they should be included in the retainer fee. He also discussed the benefit of Holland& Knight having office hours at the Village. Attorney Friedman discussed the reasons why Polo and the Comcast Franchise Agreement are not included in the $7,500 monthly retainer fee. He also agrees with Holland& Knight having Village office hours. Discussion ensued and the consensus was to ask the legal committee to review retainer and non-retainer legal fees. Manager Niemeyer stated that staff will notify the Board when there will be a non-retainer legal fee. Motion by Trustee Manzo, seconded by Trustee Adler to refer the discussion of legal issues to the Legal Committee. VOICE VOTE: Motion carried. Motion by Trustee Adler, seconded by Trustee Manzo to approve Items 6.A.4 Holland& Knight—Legal Services—June, 2013 - $25,537.43, and 6.4.5 Holland and Knight- Legal Services—July, 2013 - $18,337.49 ROLL CALL VOTE: Ayes: 5 —Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING OF AUGUST 27,2013 8. BOARD & COMMISSION RECOMMENDATIONS A. Chipotle Mexican Grill— 2103 Clearwater Drive — Special Use — Outdoor Dining Area Adjacent to a Restaurant Motion by Trustee Moy, seconded by Trustee Manzo to concur with the recommendation from the Zoning Board of Appeals and Plan Commission and approve the request from Chipotle Mexican Grill for a special use to operate an outdoor dining area to be located at 2103 Clearwater Drive in the Clearwater development subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The perimeter planteribarriers will be permanent and constructed in accordance with the plans submitted. 3. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall comply with all applicable requirements of the DuPage County Health Department. 4. The outdoor dining areas will be operated in accordance with the following rules of operation: a. A maximum of 12 seats may be provided in the outdoor dining area. b. Alcohol is not to be served in the outdoor dining area. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived, and 7. Adoption of an ordinance necessary to grant the requested special use, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the September 10, 2013 Board of Trustees meeting. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS A. Ordinances & Resolutions 1) ORDINANCE 2013 —PURCH-PROPTY-S-1377 An Ordinance Approving the Purchase of 615 22nd Street(formerly 61 Hunter)—REMOVED 2) RESOLUTION 2013-PED-ACCESS-CNSTRCT-R-1291, A Resolution Approving and Authorizing the Award and Execution of a Construction Contract with Kovilic Construction for Project E of the Pedestrian Access Project Motion by Trustee Baar, seconded by Trustee Manzo that the Village Board authorize the award of a contract for the Pedestrian Access Project to Kovilic Construction for an VILLAGE OF OAK BROOK MINUTES Page 5 of 10 REGULAR MEETING OF AUGUST 27,2013 amount not to exceed $266,075. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried 3) RESOLUTION 2013-FI-MUNIS-AG-R-1288 A Resolution Authorizing the Execution of an Agreement by and between the Village and Tyler Technologies, Inc. for Munis Support Services Motion by Trustee Wolin, seconded by Trustee Manzo to approve Resolution R-1288, "A Resolution Authorizing the Execution of Agreements by and Between The Village and Tyler Technologies, Inc., for MUNIS Support Services," and approve the Annual Support Agreements, and authorize the payment of the support invoices for maintenance of the Village's financial software to Tyler Technologies, Inc., Falmouth, Main, for the total amount of$41,397.21, subject to attorney and staff review. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried B. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Electrical Project Discussion was had regarding the scope of services of the electrical project and the different solutions that vendors may propose to upgrade, improve, or replace the village owned building's electrical systems. Motion by Trustee Wolin, seconded by Trustee Barr that the Village Board authorize staff to issue a Request for Proposal (RFP) to upgrade, improve, and/or replace a portion or all of the Village's municipal building's electrical systems in order to reduce energy consumption and improve emergency power. VOICE VOTE: Motion carried. 2) Electric Aggregation Program Electricity Supply Trustee Wolin discussed the Village's Electric Aggregation Program and requested authorization to seek bids for the 2014 program. Motion by Trustee Wolin, seconded by Trustee Moy that the Village Bard authorize staff to prepare specifications and solicit competitive bids for the Electric Aggregation Program VILLAGE OF OAK BROOK MINUTES Page 6 of 10 REGULAR MEETING OF AUGUST 27,2013 Electricity Supply. VOICE VOTE: Motion carried. C. Award of Contract-NONE D. Approval of Revised Strategic Plan Manager Niemeyer noted the revisions and the new strategies added to the Strategic Plan based on feedback from Trustees at the previous Board Meeting. Motion by Trustee Wolin, seconded by Trustee Manzo to approve the revised 2012-2015 Strategic Plan. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried 10. ACTIVE BUSINESS A. Confirmation of Appointments—NONE B. Ordinances & Resolutions 1) Resolution 2013-PD-VEH-PG-CNTRCT-R-1292, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of Certain Replacement Police Vehicles Trustee Yusuf recapped the financials and reasons why staff is requesting the purchase of three (3) Chevrolet Tahoe's and one (1) Ford F-150. Chief Kruger stated that the Police Department is looking to change the color and marking scheme of the new pursuit vehicles to the more traditional black and white theme. Motion by Trustee Yusuf, seconded by Trustee Baar that the Village Board waive further bidding since the Suburban Purchasing Cooperative already conducted the bid process and issue a purchase order to Freeway Ford-Sterling Truck Sales, Inc.,Lyons, Illinois for one(1)2013 Ford F- 150 XL in the amount of $28,812. Additionally, that $5,450 be authorized to purchase the necessary equipment to outfit the above vehicle. And, that the Village Board waive further bidding since the State of Illinois already conducted the bid process and issue a purchase order to Miles Chevrolet, Decatur, Illinois for three (3) 2013 Chevrolet Tahoe PPV Police Interceptors (2WD) in the amount of$81,274.80 ($27,091.60 per vehicle). Additionally, that $8,700 be authorized to purchase the necessary equipment for the above vehicles. Most of the equipment can be re-used from the vehicles they are replacing. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING OF AUGUST 27,2013 Abstain: 0—None Absent: 0—None Motion carried C. Authorization to Seek Bids or Proposals or Negotiate Contracts—NONE D. Award of Contract 1) Marketing Consultant for Branding Initiative/Residential Marketing Plan Trustee Yusuf discussed the RFQ process the Village conducted for the Branding Initiative/Residential Marketing Plan. Resident Todd Rusteberg requested that the Board authorize staff to finalize the agreement with Business Districts Inc. Trustee Manzo believes that the Village should allocate the $30,000 to create a new marketing position at the Village rather than to hire a consultant for branding and residential marketing. Discussion ensued regarding the proposal and scope of services submitted by Business Districts Inc. for the Branding Initiative/Residential Marketing Plan. The consensus was to authorize staff to finalize an agreement with Business Districts Inc. Motion by Trustee Yusuf, seconded by Trustee Moy that the Village Board authorize staff to finalize an agreement with Business Districts Inc., for an amount not to exceed $30,000 to prepare a Branding Initiative/Residential Marketing Plan for the Village. ROLL CALL VOTE: Ayes: 5 —Trustees Adler, Baar, Moy, Wolin, and Yusuf Nays: 1 —Trustee Manzo Abstain: 0—None Absent: 0—None Motion carried E. Polo Update Assistant Manager Wing updated the Board on recent Polo match events on July 28th, August 181h & 25th, the upcoming international Polo matches on September 151h and 22nd enhancements and highlights of the program, and the last committee meeting. Resident Kathy Maher and Board members discussed Polo as a branding initiative to Oak Brook. F. Sports Core & Sports Core Drainage Study Update VILLAGE OF OAK BROOK MINUTES Page 8 of 10 REGULAR MEETING OF AUGUST 27,2013 Sports Core Director VanDyke updated the Board on Sports Core financial results through July 31, 2013 and the preliminary report received from Christopher Burke Engineering. Discussion ensued regarding the remainder of the year financial projections for the Sports Core. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer and Trustees wished President Lalmalani a happy birthday. B. VILLAGE CLERK Clerk Pruss mentioned changes in the voting laws concerning age that will take effect in January, 2014. C. TRUSTEES Trustee Manzo updated the Board on flooding issues in the Village, the potential annexation of Saddle Brook into the Butler School District, and emergency response time in the west end of the Village. Trustee Baar congratulated and thanked staff for their hard work on many different projects. Trustee Adler discussed the canceled Committee of the Whole meeting on pensions. He also discussed the need to replace the posts and rails on the perimeter of the Sports Core. Trustee Yusuf thanked the Oak Brook Chamber and the Residential Enhancement Committee for their hard work. D. VILLAGE ATTORNEY -NONE E. VILLAGE PRESIDENT Chief Kruger reported that the Police Department had a very positive accreditation visit from the on-site assessors for CALEA certification. He also mentioned that the second installment of the Citizen Police Academy starts next week. Finance Director Dangles mentioned that the budget preparation is well underway and that meetings will begin in September. Public Works Director Hullihan discussed the many construction projects taking place in the Village. Community Development Director Kallien discussed the many outdoor dining permit requests from various restaurants in Oak Brook. He also gave a brief update on the Meridien Hotel. VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING OF AUGUST 27,2013 12. ADJOURN TO CLOSED SESSION For the purpose of discussing (1) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body and to consider (2) litigation matters, pursuant to Sections 2c(1) and Section 2c(I 1) of the Illinois Open Meetings Act, respectively Motion by Trustee Yusuf, seconded by Trustee Adler to adjourn to closed session for the purpose of discussing (1) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body and to consider (2) litigation matters, pursuant to Sections 2c(1) and Section 2c(11) of the Illinois Open Meetings Act, respectively. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried The meeting was adjourned to closed session at 9:32 pm. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Baar, to adjourn the Regular Meeting of the Board of Trustees at 11:21 pm. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING OF AUGUST 27,2013