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Minutes - 01/09/2001 - Board of Trustees1 2 3 VILLAGE OF OAK BROOK Minutes January 9, 2001 UNOFFICIAL UNTIL APPROVED AS WRITTEN X_ OR AS AMENDED BY VILLAGE BOARD ON January 23, 2001. MEETING CALL: MEETING CALL The Regular Meeting of the Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:40 p.m. Pledge of Allegiance was given. ROLL CALL: ROLL CALL The Deputy Village Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Butler, Craig, Kenny, McInerney and Savino. ABSENT: Trustee Caleel. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant Village Manager; Debra J. Jarvis, Fire Chief; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director; Bonnie Sartore, Bath & Tennis Club Manager; Robert J. Pugliese, Attorney with Lord, Bissell & Brook and William F. Matthys, Vice President /Architect with Linden Group, Incorporated. ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE & FORUM Trustee Butler commended the Public Works Department for their efforts in snow removal. Trustee McInerney indicated he was concerned with the parking situation at the Oak Brook Park District Recreation Center. He informed the board that cars are illegally parked due to the snow and was concerned that children may run around in the parking lot and will not be seen. Trustee Craig asked that the notice regarding Sprinkling Regulations be removed from the Village's Public Service Channel (Channel 6). President Bushy read an announcement prepared by Village Clerk Gonnella regarding the Candidacy Nomination Petitions and their filing dates. VILLAGE OF OAK BROOK Minutes IN Page 1 of 12 January 9, 2001 4. 5 APPROVAL OF MINUTES: MINUTES: 2001 BUDGET Motion by Trustee McInerney, seconded by Trustee Savino, to approve the 12/12/00 minutes of the Public Hearing for the proposed 2001 Municipal Budget on December 12, 2000 as presented and waive the full reading thereof. VOICE VOTE. Motion carried. BOT 12/12/00 Motion by Trustee McInerney, seconded by Trustee Savino, to approve the minutes of the Regular Board of Trustees Meeting of December 12, 2000 as presented and waive the full reading thereof. VOICE VOTE. Motion carried. OMNIBUS AGENDA: All items on the Omnibus Agenda were routine in nature and enacted in one motion. No one requested a separate discussion of an item for removal from the Omnibus Agenda. President Bushy indicated that Payout D. 6. Phillips Swager Associates — Payout #1 — Library Project - $10,744.50 had been omitted from the Board's agenda packet. The payout was distributed to the Board members for inclusion in the Omnibus Agenda for their approval. Motion by Trustee McInerney, seconded by Trustee Savino, to approve the Omnibus Agenda. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. APPROVAL: A. APPROVAL OF BILLS: BILLS — 1) December 28, 2000: Approved Omnibus Vote. $539,181.38 2) January 9, 2001: Approved Omnibus Vote. $232,914.44 B. APPROVAL OF PAYROLL: PAYROLL- 1) APPROVAL OF PAYROLL FOR PAY PERIOD ENDING $388,509.45 DECEMBER 9, 2000: Approved Omnibus Vote. (gross) 2) APPROVAL OF PAYROLL FOR PAY PERIOD ENDING $409,474.26 DECEMBER 23, 2000: Approved Omnibus Vote. (gross) C. CHANGE ORDERS: None. VILLAGE OF OAK BROOK Minutes I Page 2 of 12 January 9, 2001 D. PAYOUTS: 1) TREASURER, STATE OF ILLINOIS (ILLINOIS DEPARTMENT 22 °dST/YORK RD OF TRANSPORTATION) - PAYOUT #7 & FINAL - 22ND STREET/YORK ROAD CONSTRUCTION - $7,204.95: Approved Omnibus Vote. 2) CIVILTECH ENGINEERING, INC. - PAYOUT #14 & FINAL - 31ST ST BIKE TR 31ST STREET BIKE TRAIL - $597.71: Approved Omnibus Vote. 3) EARTH TECH, INC. - PAYOUT #7 - MUNICIPAL COMPLEX MUN CMPLx PROJECT - $62,223.08: Approved Omnibus Vote. PROJECT 4) LEMONT PAVING CO. - PAYOUT #1 - 2000 SAFETY 2000 SAFETY PATHWAY PROJECT - $18,443.70: Approved Omnibus Vote. PTHWY PRJ 5) JAMES J. BENES & ASSOCIATES, INC. -PAYOUT #5 - 2001 2001 PAV PAVING DESIGN - $32,165.64: Approved Omnibus Vote. DESIGN 6) PHILLIPS SWAGER ASSOCIATES - PAYOUT #1 - LIBRARY LIBRARY PROJECT - $10,744.50: Approved Omnibus Vote. PROJECT 7) LAYNE CHRISTENSEN CO. - PAYOUT #1 & FINAL - WELL WELL #2 NO. 2 ABANDONMENT - $32,448.00: Approved Omnibus Vote. ABANDONE E. REFERRALS: 1) CHRIST CHURCH OF OAK BROOK - (501 OAK BROOK CHRIST CH ROAD) - SPECIAL USE AND VARIATION - REFER TO PLAN SU & VAR COMMISSION MEETING OF JANUARY 15, 2001 AND 501 oB RD ZONING BOARD OF APPEALS MEETING ON FEBRUARY 6, 2001: Approved Omnibus Vote. 2) 2001 PAVING PROJECT - TIMBER TRAILS SUBDIVISION 2001 PAV PRJ AREA - FLOOD PLAIN SPECIAL USE - REFER TO PLAN FLD PLN SU COMMISSION MEETING ON JANUARY 15, 2001 AND TMBR TRL ZONING BOARD OF APPEALS MEETING ON FEBRUARY 6,2001: Approved Omnibus Vote. F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: 1) 2001 PAVING PROJECT - TIMBER TRAILS SUBDIVISION 2001 PAV PR] AREA: Approved Omnibus Vote. TIMBR TRL VILLAGE OF OAK BROOK Minutes `c Page 3 of 12 January 9, 2001 G. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREAS RPT NOVEMBER, 2000: Approved Omnibus Vote. 11/00 H. REDUCTION IN SUBDIVISION SECURITY - SUE BOON RED SECUR SUBDIVISION: Approved Omnibus Vote. SUE BOON I. 2001 MEMBERSHIP RENEWAL - NATIONAL LEAGUE OF 2001 MEMBR CITIES: Approved Omnibus Vote. N.L. OF CITIES J. AUTHORIZATION TO PURCHASE LIBRARY BOOKS THROUGH LIB BOOKS THE DUPAGE LIBRARY SYSTEM (DLS) COOPERATIVE 2001 PURCH PURCHASING FOR 2001: Approved Omnibus Vote. DLS COOP K. 2001 IRMA ANNUAL CONTRIBUTION: Approved Omnibus Vote. 2001 IRMA CONTRIB 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. ACTIVE AGENDA (Items for Final Action): A. APPOINTMENTS: APPOINT 1) ZONING BOARD OF APPEALS: zBA- C. DAVIS, Motion by Trustee Savino, seconded by Trustee Kenny, to concur with P. J. ADRIAN, the Village President's recommendation to re- appoint Champ Davis A. A. zAHEER (Chairman), Paul J. Adrian and Aysha A. Zaheer, with their terms expiring November, 2005. VOICE VOTE. Motion carried. B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE #2001- LC -AL -G -667, AN ORDINANCE ORD#01 -LC- AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE AL-G -667 VILLAGE CODE OF THE VILLAGE OF OAK BROOK, LIQ LIC ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED MON AMI LIQUOR LICENSES: GABI Mon Ami Gabi- Oakbrook LLC has made application to the Village for a Class B liquor license for the retail sale of alcoholic liquor in the original package. Mon Ami Gabi presently maintains a Class A -1 liquor license for their restaurant located at 260 Oakbrook Center. Before a liquor license may be issued, the Village Board would need to approve a Class B liquor license as no additional licenses are available. Village Attorney Martens has drafted an ordinance, which increases the number of B licenses by one from eight (8) to nine (9) within the VILLAGE OF OAK BROOK Minutes II Page 4 of 12 January 9, 2001 Village. All documentation requirements have been fulfilled and approved by Village Attorney Martens. Motion by Trustee Kenny, seconded by Trustee Savino, to approve Ordinance #2001- LC -AL -G -667, "An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. 2) ORDINANCE #2001- ZO- SU -FP -S -982, AN ORDINANCE AMENDING ORDINANCE S -964 PROVIDING FOR SECOND EXTENSION OF THE EXPIRATION DATE OF THE FLOOD PLAIN SPECIAL USE PERMIT GRANTED THEREIN (9 NATOMA DRIVE, OAK BROOK, IL 60523): On November 14, 2000, Ordinances S -964 and S -965 were amended permitting an extension until December 29, 2000 to complete all required land modifications and construction associated with the approved bridge and recreational folly on the property at 9 Natoma Drive. The owner of the property, Mr. James Samatas, has submitted a written request seeking additional time to complete the project. Since substantial progress has been made by Mr. Samatas to obtain numerous approvals from other governmental agencies, along with some preliminary construction that has been completed, staff sees no reason to object to an extension until July 1, 2001. Village Attorney Martens indicated that the ordinance extends the date to July 31, 2001. The Board members concurred with this extension date as indicated in both ordinances. Motion by Trustee Savino, seconded by Trustee Kenny, to adopt Ordinance #2001- ZO- SU -FP -S -982, "An Ordinance Amending Ordinance S -964 Providing for Second Extension of the Expiration Date of the Flood Plain Special Use Permit Granted Therein (9 Natoma Drive, Oak Brook, IL 60523)," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. VILLAGE OF OAK BROOK Minutes 0 Page 5 of 12 January 9, 2001 ORD #O1 -ZO- SU -FP -S -982 FP EXT 9 NATOMA DR 3) ORDINANCE #2001- ZO -V -DU- SWM +FP -S -983, AN ORD #0 1 -ZO- ORDINANCE AMENDING ORDINANCE S -965 V -DU -SWM+ PROVIDING FOR THE SECOND EXTENSION OF THE FP -S -983 EXPIRATION DATE OF THE VARIANCE GRANTED VAR EXT THEREIN (9 NATOMA DRIVE, OAK BROOK, IL 60523 ): 9 NATOMA DR Motion by Trustee Savino, seconded by Trustee Kenny, to adopt Ordinance #2001- ZO -V -DU- SWM +FP -S -983, "An Ordinance Amending Ordinance S -965 Providing for the Second Extension of the Expiration Date of the Variance Granted Therein (9 Natoma Drive, Oak Brook, IL 60523)," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. 4) ORDINANCE #2001- GL- MUN- TX -RR -G -668, AN ORDINANCE ORD #01 -GL- IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES MUN -TX- RELATED TO LOCALLY IMPOSED AND ADMINISTERED RR -G -668 TAXES OF THE VILLAGE OF OAK BROOK, ILLINOIS: LOCAL TAX RIGHT & RESP During the last legislative session, the Illinois Legislature passed the "Local Government Taxpayers' Bill of Rights Act." Municipal interests, such as the Illinois Municipal League and DuPage Mayors and Managers Conference, and interests representing payers of locally imposed taxes agreed to support this Act which is effective January 1, 2001. The legislative intent for this Act states: "The provisions of this Act are designed to reduce the burden on both taxpayers and tax collectors by specifically providing that fair and consistent tax processes and procedures be adopted and disseminated to taxpayers at the local level, while at the same time preserving local government's full authority to collect taxes are lawfully due under their taxing ordinance." The limitations provided by the Act take precedence over any provisions of any tax ordinance previously adopted by a unit of local government. The Act applies to locally imposed taxes such as the utility tax, the telecommunications tax and hotel tax. Sales taxes are not covered by the Act. Fees collected by a unit of local government are also not covered, with the exception of the Infrastructure Maintenance Fee (IMF). The Village suspended the imposition of the IMF effective January 1, 2001, and increased the telecommunications tax to 3 %. The proposed ordinance provides for audits, late payments, VILLAGE OF OAK BROOK Minutes Page 6 of 12 January 9, 2001 7� credits /refunds, appeals, interest/penalties, hearings and voluntary disclosure. All units of local government are required to adopt an ordinance that is consistent with the provisions of the Act. Motion by Trustee McInerney, seconded by Trustee Savino, to adopt Ordinance #2001- GL- MUN- TX -RR -G -668, "An Ordinance in Connection with Rights and Responsibilities Related to Locally Imposed and Administered Taxes of the Village of Oak Brook, Illinois," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. 5) ORDINANCE #2001 -BU -S -984, AN ORDINANCE AUTHORIZING A LOAN TO THE SPORTS CORE FUND: The current ordinance authorizing loans from the General Corporate Fund to the Sports Core Fund expired on January 31, 2001. The prior ordinance authorized a consolidated loan of up to $750,000 in order to fund capital and operating needs of the Sports Core dating from 1996- 1999. At the end of December an additional $40,000 was needed in order to fund the final payroll and bill listing for 2000. This shortfall is due primarily to weather- related factors as well as the under budget performance of the food and beverage operations for 2000. Finance Director Langlois requested that the loan amount authorized is increased to $790,000. Per the 2001 -2005 Five -Year Financial Plan, repayment of this loan is scheduled to begin in 2003. The current ordinance authorized a loan of up to $1,313,440 in order to provide funding for the golf clubhouse expansion project and a loan of $125,000 for the pool deck replacement project in advance of receipt of the proceeds from the sale of the Westchester Park property. Due to the final payout on both projects having already been made, the loan amounts authorized can be adjusted to $1,298,300 for the golf clubhouse expansion project and $125,500 for the pool deck replacement project. Since the proceeds from the sale have not yet occurred, Finance Director Langlois also requested that the authorizations be extended for an additional one -year term. To date, expenses of approximately $107,000 have been paid for engineering and subdivision work in Westchester Park, with additional VILLAGE OF OAK BROOK Minutes R Page 7 of 12 January 9, 2001 ORD #O1 -BU- S -984 SC LOAN expenses anticipated early in 2001. Total loan authorization of $125,000 is requested for this purpose and will be repaid when the Westchester Park property is sold. Motion by Trustee McInerney, seconded by Trustee Kenny, to approve Ordinance #2001 -BU -S -984, "An Ordinance Authorizing a Loan to the Sports Core Fund," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: I - Trustee Caleel. Motion carried. Trustee Savino indicated that the loan repayment each year is postponed to a later date, and he asked the Board to consider any activities that may generate increased revenue. The Board discussed various types of groups who use the facility, alternative meeting rooms, staffing of events, weather conditions that affect revenue, purchasing, storage and possibilities of price increases. 7. C. AWARD OF CONTRACTS: 1) WAIVE COMPETITIVE BIDDING AND AUTHORIZE PURCHASE FOR PROTECTIVE FIRE CLOTHING: In 2000, the Village Board waived bidding due to sole source and authorized staff to negotiate a contract with W. S. Darley & Company to supply our replacements for protective fire gear. Staff's analysis last year showed that the unit prices were very favorable in light of the quality and durability of the Morning Pride fire gear, as compared to similar gear from other manufacturers. The unit prices for 200 are being extended until January 20, 2001. The Fire Department anticipates ordering 20 sets of gear, for an extended total cost of $23,980, plus shipping. This should be the Fire Department's only order for fire gear this year. Funds in the amount of $25,000 are contained in the Rescue and Fire Operations Program (10 -721) to cover this purchase. Motion by Trustee Kenny, seconded by Trustee Savino, to waive bidding due to sole source, and authorize the issuance of a purchase order to : W.S. Darley & Company, 2000 Anson Drive, Melrose Park, IL 60160, for the purchase of Morning Pride Protective Fire Clothing, at a unit cost of $699 per coat and $500 per pants, plus shipping. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes HA Page 8 of 12 January 9, 2001 FIRE CLOTH 7 Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. D. ISSUANCE OF SCAVENGER LICENSES: The Village Code provides for one residential scavenger license (to be issued to the hauler awarded the residential contract by the Village) and an unlimited number of commercial scavenger licenses. Pursuant to Section 4 -3 -2 of the Village Code, the Village Board issues scavenger licenses upon recommendation of the Village Manager. Licenses are for the calendar year and the Board normally considers recommendation at its December meeting. Motion by Trustee McInerney, seconded by Trustee Kenny, to approve issuance of residential and commercial scavenger licenses to BFI Waste Systems /Illinois Recycling Systems and issuance of commercial licenses to Crown Recycling and Waste Services, Inc.; Flood Brothers Disposal & Recycling Systems, Inc.; Hillside Disposal Service, Inc.; Onyx Waste Services, Inc.; Pinnacle Waste Services, Inc.; Roy Strom Refuse Removal Service, Inc. and Waste Management of Illinois, Inc. for the period of January 1, 2001 through December 31, 2001. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. SCAV LIC INFORMATION & UPDATES: INFO & UPDATES A. VILLAGE PRESIDENT: VLLG PRES President Bushy reported that she would be attending the U.S. Conference of Mayors meeting in Washington, D.C. Some of the issues that will be discussed are in regards to E- Commerce Tax and difficulties that some municipalities are encountering recruiting Police and Fire personnel. B. VILLAGE MANAGER: VLLG MGR Village Manager Veitch reported that the Bath & Tennis Clubhouse's loft area will be demolished shortly. VILLAGE OF OAK BROOK Minutes NO Page 9 of 12 January 9, 2001 9. DEPARTMENTAL REPORTS - LIAISON ASSIGNMENTS: DEPT RPTS Community Development Trustee Savino Finance, Information Services & Purchasing Trustee Caleel Intergovernmental Relations Trustee McInerney Library & Community Events Trustee Butler Public Safety Trustee Kenny Public Works & Engineering Trustee Craig Sports Core President Bushy Village Clerk Clerk Gonnella Departmental reports were accepted as presented. 10. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): RECOMMEND A. RECOMMENDATIONS - PRIME GROUP REALTY TRUST - (800 -810 PRIME GROUP JORIE BOULEVARD) - TEXT AMENDMENT AND SPECIAL USE: TA & SP 800 -810 JORIE The Plan Commission, at their meeting of November 20, 2000 by a vote of 4 to 0 and the Zoning Board of Appeals at their meeting of December 5, 2000 by a vote of 6 to 0, have recommended approval of text amendments to: permit hotels in ORA -1 district as a special use and, to revise the text of Section 13- 12-4-B of the Zoning Ordinance to allow parking on an adjacent property within 300 feet of the principal building. The Plan Commission, at their meeting of November 20, 2000 by a vote of 4 to 0 and the Zoning Board of Appeals at their meeting of December 5, 2000 by a vote of 6 to 0, have recommended approval of the Prime Group Realty request for a Special Use for the property at 800 -810 Jorie Boulevard. The special use would permit construction of a five- story, 155 -room Marriott Residence Inn Hotel with a number of allowances subject to the following conditions: 1. Modify the request to eliminate the required loading dock by designating a specific loading area on the plan. 2. Allowance from the required setback to permit parking at the common lot line. 3. Allowance to permit parking spaces in the front yard. 4. Allowance to permit required parking lot landscaping along a lot line. 5. Allowance to permit required parking on an adjacent parcel not owned by the owner of the property containing the principal building. 6. Allowance to permit a floor area ration (FAR) of .456 instead of the maximum .45 for the property. 7. The development shall be in substantial conformance with the plans as submitted. VILLAGE OF OAK BROOK Minutes Page 10 of 12 January 9, 2001 `t, 8. The setback between all parking areas and the adjacent lot line is not less then 10 feet. 9. Final engineering approval. 10. Approval of an easement document which confirms the right to locate off - street parking on the adjacent NICOR property for the benefit of the hotel use. In making these recommendations, the Zoning Board of Appeals agreed with the Plan Commission finding that the petitioner has addressed the factors as required by the Ordinance for approval of text amendments to the Zoning Ordinance and a special use including allowances. In particular, it was found that the special use as requested would be operated so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood. Robert J. Pugliese, Attorney for the petitioner, provided an illustration for the Board and gave a brief overview of the facility. William F. Matthys, Vice - President/Architect with Linden Group, Inc. also provided illustrations for the Board and described the architecture and landscaping for the project. Motion by Trustee Savino, seconded by Trustee McInerney, to concur with the recommendation of the Plan Commission and the Zoning Board of Appeals and authorize Village Attorney Martens to draft the necessary ordinances relating to the text amendments for final consideration at the January 23, 2001 Board of Trustees Meeting. VOICE VOTE. Motion carried. Motion by Trustee Savino, seconded by Trustee Butler, to concur with the recommendation of the Plan Commission and the Zoning Board of Appeals and authorize Village Attorney Martens to draft the necessary ordinances relating to the special uses for final consideration at the January 23, 2001 Board of Trustees Meeting. VOICE VOTE. Motion carried. Village Attorney Martens asked the petitioner if an amended plan regarding the loading area would be provided. Mr. Robert Pugliese, the Attorney for the petitioner, indicated that the ordinance could include specification as to the location for the loading area. 11. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None. 12. ADJOURNMENT: Motion by Trustee McInerney, seconded by Trustee Craig, to adjourn the meeting at 10:00 p.m. VOICE VOTE. Motion carried. VILLAGE OF OAK BROOK Minutes Page 11 of 12 January 9, 2001 ADJRN ATTEST: Linda K. Gonnella, CMC Village Clerk BOT- 010901 VILLAGE OF OAK BROOK Minutes Page 12 of 12 January 9, 2001 N