Minutes - 01/28/2003 - Board of TrusteesMINUTES OF THE JANUARY 28, 2003 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON FEBRUARY 25, 2003.
1. CALL TO ORDER: CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by
President Bushy in the Samuel E. Dean Board Room of the Village Commons at
7:30 p.m. The Pledge of Allegiance was given.
IA. ROLL CALL: ROLL CALL
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Karen M. Bushy, Trustees Stelios Aktipis, George T.
Caleel, John W. Craig, Susan Chase Korin, Elaine Miologos and
Alfred P. Savino.
ABSENT: None.
IN ATTENDANCE: Michael A. Crotty, Acting Village Manager; Dale L.
Durfey, Jr., Village Engineer; Debra J. Jarvis, Fire Chief,
Bruce F. Kapff, Director of Information Services &
Purchasing; Robert L. Kallien, Jr., Director of Community
Development; Darrell J. Langlois, Finance Director;
Richard A. Martens, Village Attorney; Ruth A. Martin,
Library Director; Michael J. Meranda, Public Works
Director; Allen W. Pisarek, Police Chief; Bonnie Sartore,
Bath & Tennis Club Manager; Trey VanDyke, Golf Club
Manager and Gail Peterka, Communications Center
Supervisor.
2. ADJOURN TO CLOSED MEETING — To review Closed Meeting Minutes, to ADJRN TO CLSD
M TG
consider litigation, when an action against, affecting or on behalf of the Village
has been filed and is pending before a court or administrative tribunal.
Trustee Korin asked to amend the motion to adjourn to a Closed Meeting to
include to consider the appointment, employment, compensation, discipline,
performance, or dismissal of specific employees of the public body.
Motion by Trustee Korin, seconded by Trustee Caleel, to adjourn to a Closed
Meeting to review closed meeting minutes, to consider litigation and to consider
the appointment, employment, compensation, discipline, performance, or
dismissal of specific employees of the public body at 7:32 p.m. ROLL CALL
VOTE:
VILLAGE OF OAK BROOK Minutes
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Page 1 of 18 January 28, 2003
2. Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2A. RECONVENE FROM CLOSED MEETING: RECONVN FRM
CLSD MTG
Motion by Trustee Caleel, seconded by Trustee Savino, to return to the Regular
Board of Trustees Meeting at 7:48 p.m. VOICE VOTE: Motion carried.
3. ANNOUNCEMENTS AND OPEN FORUM:
President Bushy announced that former Village President Wence Cerne's wife,
Alice, is critically ill at this time and she asked for residents' thoughts and
prayers for her at this time.
Barbara Benezra, 35 Windsor Drive, as Treasurer of the Oak Brook Library
Foundation presented a check to Library Liaison Trustee Caleel, the second
payment of $125,000 to defray excess costs of the new Library. President Bushy
commended the members of the Library Foundation Board for their efforts in
raising funds for the Library. Trustee Caleel commented that President Bushy
also serves as the Vice President of the Foundation.
Trustee Aktipis commended the Public Works Department for their efficient
work of clearing Village roads during the current snowstorm and also repairs of
a water main break in his subdivision.
ANNOUNCE
4. APPROVAL OF MINUTES: MINUTES
Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Minutes SPEC BD MTG -
1-14-03
of the Special Board of Trustees Meeting of January 14, 2003 as presented and
waive the full reading thereof. VOICE VOTE: Motion carried.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the Minutes REG BD MTG -
of the Regular Board of Trustees Meeting of January 14, 2003 as presented and 1-14-03
waive the full reading thereof. 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.
VILLAGE OF OAK BROOK Minutes Page 2 of 18 January 28, 2003
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C. AGENDA
5. Purchasing Director Kapff, requested Agenda Item 5.C.1), APPROVAL OF
CHANGE ORDERS # 112 THROUGH #115 - MUNICIPAL COMPLEX
PROJECT - $24,481.36 — HARBOUR CONTRACTORS, INC. — REVISED
TOTAL CONTRACT AMOUNT - $8,208,927.36 Change Order #114 — fire
protection piping be removed from the Consent Agenda due to it was
undergoing additional review by the contractor. Trustee Caleel asked how much
this change order would affect the total cost of the change orders. Director
Kapff responded that the remaining change orders amounted to $18,035.36.
Trustee Miologos asked that the Agenda Item 5.C.1) RATIFICATION OF
TELEPHONE POLL APPROVAL OF CHANGE ORDER #111 AND
APPROVAL OF CHANGE ORDERS # 112 THROUGH #115 - MUNICIPAL
COMPLEX PROJECT - $24,481.36 — HARBOUR CONTRACTORS, INC. —
REVISED TOTAL CONTRACT AMOUNT - $8,208,927.360 be removed from
the consent agenda for further discussion.
Motion by Trustee Caleel, seconded by Trustee Savino, to approve the Consent
Agenda as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. APPROVAL OF BILLS - $645,376.33
Significant items included in above:
1) Harbour Contractors, Inc. - Payout # 23 — Municipal Complex Project -
$168,163.95
2) Mid -State Surety Corporation — Payout #1 — Municipal Complex Project
- $74,908.00
3) DuPage Water Commission - $199,576.32
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JANUARY 18
2003 - $466,529.08
C. CHANGE ORDERS:
1) RATIFICATION OF TELEPHONE POLL APPROVAL OF CHANGE
ORDER #111AND APPROVAL OF CHANGE ORDERS # 112
THROUGH #115 - MUNICIPAL COMPLEX PROJECT - $24,481.36 —
HARBOUR CONTRACTORS, INC. — REVISED TOTAL
CONTRACT AMOUNT - $8,208,927.36. Removed from the Consent
Agenda
D. REFERRALS: None
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Page 3 of 18 January 28, 2003
APV BILLS -
$645,376.33
PYRL - $466,529.08
CHNGE ORDRS
REMOVED
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE SK BIDS, PROP OR
CONTRACTS: NEG CONTRCTS
1) COMMERCIAL WATER METER TESTING, REPAIR AND WTR MTR TST,
REPLACEMENT SERVICES RPR & RPLCMNT
2) 2003 CRACK SEAL PROJECT
2003 CRK SL PROJ
F. ACCEPT AND PLACE ON FILE TREASURER'S REPORT DECEMBER, ACPT TREAS RPT
- I2 -2002
2002
G. AUTHORIZATION TO PURCHASE LIBRARY BOOKS AND AUDIO PRCHS LIB BKS &
VISUAL COLLECTION MATERIALS — DUPAGE LIBRARY SYSTEM ADIO VIS MTRLS
6. ITEMS REMOVED FROM CONSENT AGENDA:
RMVD C AGNDA
5. C. 1) RATIFICATION OF TELEPHONE POLL APPROVAL OF CHANGE CO #111, 112, I I3
ORDER #111 AND APPROVAL OF CHANGE ORDERS # 112 &115
THROUGH #115 - MUNICIPAL COMPLEX PROJECT - $24,481.36
- HARBOUR CONTRACTORS, INC. - REVISED TOTAL
CONTRACT AMOUNT - $8,208,927.36
The Village previously approved 72 Change Orders (CO's) in the total
amount of $244,228.50, of which 69 CO's were to Harbour Contractors
in the amount of $258,096 and 3 CO's were to J &R Asphalt in the
amount of ($13,867.50).
The recommended CO's 4111 - #115 would increase Harbour's
Guaranteed Maximum Price from $8,184,446 to $8,208,927.36 or an
increase of $24,481.36
Change Order #111 — $8,011 — to remove and replace existing
galvanized piping with copper in the Police Department basement. The
galvanized piping in the original Village Hall has become a maintenance
problem including leaky valves and interior corrosion that blocks up to
half of the pipe's capacity. The Village's Five -Year Financial Plan
includes $30,000 to replace much of the existing galvanized piping in
the original Village Hall. The proposed CO replaces a segment of that
piping in conjunction with the Police Department renovation. This CO
was approved by the Board of Trustees by means of a telephone poll
conducted on January 21 st and 22nd and formal action to ratify that
telephone poll vote is accomplished here. This work is in the process of
being completed.
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Page 4 of 18 January 28, 2003
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5. C. 1) Change Order #112 — $3,818.36 — alteration of the existing 6" cast iron
roof drain piping to avoid new HVAC ductwork. The architect relied
upon the Village's existing building plans to determine the location and
sizing of existing mechanical items. In this case, the existing plans (as-
builts are not available from the 1974 Village Hall construction project)
failed to show the correct location for the 6" roof drain. Since there is no
alternate routing available for the new HVAC ductwork, a section of the
roof drain piping needs to be relocated. This work has not been
completed.
Change Order #113 — $2,810 — to furnish and install two additional floor
drains in the Police Department staff bathrooms U114 and U115. The
Village is in discussions with the architect on what portion of the CO
cost they should pay (a Code requirement that the architect should have
picked up in the original design). Although the Village would have paid
a majority of this cost if it had been included in the original bid, it is
accepted that a CO may cost more than if the item had been a part of the
original construction plans. Approval of the CO is recommended in
order to maintain the construction schedule, while discussions continue
with the architect concerning what portion of the work will be paid for
by Earth Tech. This work has not been performed.
Change Order 4114 — $6,446 — to revise the existing fire protection REMOVED
system branch piping in the Police Department. This part of the work
was a design/build bid, requiring the contractor to design a system
meeting the building requirements and codes (to integrate with and
extend the system in the existing building). The contractor submitted a
bid based on the fire protection piping plans for the original Village
Hall. Unfortunately, the plans that showed the existing piping were
inconsistent with the actual construction of the pipes in 1974 (records
don't indicate why changes were made during the 1974 construction).
As such the contractor is seeking a CO since the existing piping was not
as represented. This work has not been completed.
Change Order #115 — $3,396 — to add masonry support angles at the
existing masonry parapet wall above the Police Chief's office U121.
This office extends through the former West masonry wall of the
Village Hall. The building plans failed to provide support for the
remaining masonry above the new office. The Village is in discussions
with the architect on what portion of the CO cost they should pay. This
work has not been completed.
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5. C. 1) There are various causes for CO's including code requirements, site
conditions unknown at the time of bidding and other construction
modifications required as the work progresses. Requests for CO's can
originate with the architect (Earth Tech), the construction manager
(Harbour), prime contractors or the Village. Following a review of
available options, an agreed upon change is prepared (CO) and is signed
by all parties.
Trustee Korin indicated that she had suggested that staff bring a
reduction in costs that would equal out $8,011.00 to remove and replace
existing galvanized piping with copper in the Police Department
basement when she agreed to approve change order #111 during the
phone poll. Director Kapff responded that it was felt that the costs
would actually be less.
She expressed concern over the additional costs related to fire protection
system costs. She asked that staff provide an accounting to the Board
of every change order that has related to the fire protection system. Her
concern is that during the specifications for the whole Municipal
Complex Project that fire safety and fire prevention were completely
overlooked for compliance of the Village's building code requirements
at a cost of $70- $80,000.00. Director Kapff responded that there were
two issues with fire prevention, pipes and electric controllers etc. He
explained that most of the previous change orders were related to the
electrical issues and that during the planning stage of a project it is
determined what is thought to be the appropriate locations. However, he
added that it was very common in construction of new buildings that
until you were able to physically walk through the building it was
difficult to determine how sound carries and sight lines. He explained
that relative to piping, the changes are in the old building and at the
specification stage, the plans that were available showed the original
plans of the building in the 70's, and that somewhere during the
construction changes were made that affected the current specifications
and costs. She did not feel that it was acceptable to incur change orders
and asked why staff had not been able to foresee the need for the items
included since staff was aware of the Village's building and fire codes.
She also felt that there were an inordinate amount of change orders
related to the electrical subcontractor. Again, she asked for an
accounting of change orders related to the electrical contractor. She
asked further for total change order costs. Finance Director Langlois
stated the amount is $502,533.67. Director Kapff explained the process
staff uses with Harbour Contractors to discuss the change orders before
they are requested to the Board for approval.
VILLAGE OF OAK BROOK Minutes Page 6 of 18 January 28, 2003
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5. C. 1) Trustee Caleel asked for clarification of change orders related to Earth
Tech. Director Kapff explained that the change orders were for change
in scope of the project, extensive redesign and value engineering which
ultimately saved the Village over a million dollars.
Trustee Miologos expressed concern for approving change orders such
as #113 and #115 when it had not yet been resolved as to whether the
costs of the change orders would be borne by the Village or by the
architect under the assumption that they should have recognized the
requirements in the original design. She does not want to approve
change orders until that issue with the architect is resolved. She asked
for verification that Earth Tech included fire safety in the renovation
project and that this work not be completed until this is clarified.
Trustee Caleel expressed concern that by not approving the change
orders the whole project would be delayed. He felt that the project
needed to be completed. He did not feel that change orders related to
frivolous issues should be approved, but if they were related to
construction issues they need to be done. Trustee Miologos emphasized
that there should be a means to force Earth Tech to either come to terms
with these issues or front the money related to these change orders and
work out the Village's financial responsibility to them later. Director
Kapff agreed to ask Earth Tech these questions, but felt that since the
Village has an incomplete open building that they would refuse.
Trustee Aktipis asked the Village Attorney if there is something that
could be done to address the concerns of the Board. He confirmed that
staff would continue to address the concerns of the Board with the
contractor or send a representative from the Board to attend the meeting.
Trustee Caleel reiterated that frivolous change orders not be brought to
the Board, but that necessary change orders should be approved.
Director Kapff emphasized that all of the change orders brought before
the Board this evening fit into the latter category.
Trustee Savino agreed with Trustee Caleel that it was imperative to keep
the project going toward completion. He recognized that delays could
cause subcontractors waiting to complete a portion of the job leave the
project to work elsewhere and then it would be extremely difficult and
more costly to get them back on the job.
Trustee Aktipis agreed with Trustees Savino and Caleel that the project
must move forward and asked staff that they continue to be vigilant
about bringing change orders that were not necessary to the Board.
VILLAGE OF OAK BROOK Minutes Page 7 of 18 January 28, 2003
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5. C. 1) Motion by Trustee Caleel, seconded by Trustee Savino, to approve an
increase in Harbour's Guaranteed Maximum Price (GMP) of $24,481.36
for Change Orders #111 - #115 excluding Change Order #114 and
determine that the circumstances necessitating the Change Orders were
not reasonably foreseeable at the time the contract was signed, that the
Change Orders are in the best interest of the Village and are authorized
bylaw. ROLL CALL VOTE:
Ayes: 4 - Trustees Aktipis, Caleel, Savino and President Bushy.
Nays: 3 - Trustee Craig, Korin and Miologos.
Absent: 0 - None. Motion carried.
BOARD & COMMISSION RECOMMENDATIONS:
A. OAK BROOK CLUB FENCE VARIATION
Zoning Board of Appeals Recommendation
Variation — The Zoning Board of Appeals by a vote of 4 to 0, have
recommended approval of the request from the Oak Brook Club seeking
approval of a variation to accommodate the reconstruction of an existing six -
foot high, solid wood stockade fence that is located along a portion of the
perimeter of the property. The existing stockade fence, which is in need of
repair, was originally constructed in the 1970's and existed at the time the
Oak Brook Club was annexed to the Village in 1986.
The Village's fence regulations limit the height of new fences to 42 inches
and at least 50 percent open. Because the existing fence is nonconforming to
each of these provisions, removal of the original fence would require
compliance with the current regulations.
In recommending approval of this request, the Zoning Board of Appeals
found that the petitioner has satisfactorily addressed the factors required for
approval of a variation. In particular, it was found that the reconstructed
fence would not create any additional noncompliance that has existed since
the property was annexed.
Since the Zoning Board of Appeals recommended approval of this petition,
the applicant alerted Staff on finding that a portion of the existing fence
encroaches into the right -of -way of Spring Road. This condition has
apparently existed since the original fence was constructed nearly 30 years
ago when it was not part of the Village of Oak Brook.
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Page 8 of 18 January 28, 2003
BD /COMM RECOM
O.B. CI_B FNC VAR
7. A. To address this encroachment, the Attorney for the applicant has proposed
that the Village consider a license agreement to permit the fence to remain in
its current location. To protect the interests of the Village, the proposed
agreement provides that upon written receipt of a written request from the
Village, Oak Brook Club would remove the fence within ninety (90) days.
Village Attorney Martens has reviewed the proposed license agreement.
President Bushy added that the Oak Brook Club could have achieved the
same goal by replacing sections of the fence at intervals, but that would not
achieve as aesthetic a look as replacing the whole fence at one time. The
Oak Brook Club chose to go through the lengthy process of seeking this
variation in order to achieve a more cohesive look.
Motion by Trustee Savino, seconded by Trustee Aktipis, to concur with the
recommendation of the Zoning Board of Appeals to approve the request from
the Oak Brook Club of a variation to accommodate the reconstruction of an
existing six -foot high, solid wood stockade fence that is located along a
portion of the perimeter of the property and approve the license agreement
with the Oak Brook Club and authorize the Village Attorney to draft the
necessary documents for final consideration at the February 11, 2003 Village
Board meeting. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
8. ACTIVE AGENDA (Items for Final Action): ACTIVE AGENDA
A. CONFIRMATION OF APPOINTMENTS: None.
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE 2003 -BU -S -1032 "AN ORDINANCE AUTHORIZING 03 -BU -S -1032 -
A LOAN TO THE SPORTS CORE FUND" SPTS COR LOAN
The current ordinance authorizing loans from the General Corporate
Fund to the Sports Core Fund expires on January 31, 2003. The prior
ordinance authorized a consolidated loan of up to $1,015,000 in order to
fund capital and operating needs of the Sports Core dating from 1996-
2001. During November and December, additional loans totaling
$125,000 were needed in order to fund operating expenses at the Sports
Core. This shortfall is due primarily to weather - related factors having a
significant impact on golf operations as well as the debt service
requirement for the Food & Beverage operations. Finance Director
Langlois requested that the loan amount authorized for this purpose be
increased to $1,140,000 to cover this additional amount. Per the 2003-
2007 Five -Year Financial Plan, repayment of this loan is projected to
begin in 2005.
VILLAGE OF OAK BROOK Minutes Page 9 of 18 January 28, 2003
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8. B. 1) The actual cash shortfall for 2002 was $80,000 higher than the amount
being authorized. Consistent with Finance Director Langlois' January
14, 2003 memorandum regarding the status of the General Corporate
Fund's six month cash reserve and Sports Core Fund operating deficits, it
is recommended that Golf Surcharge funds be utilized to finance this
additional amount. Since the loan of $80,000 is within the same fund
(golf surcharge is part of the Sports Core Fund), no formal ordinance
action is required. The current ordinance authorized a loan of up to
$1,298,300, in advance of receipt of the proceeds from the sale of the
Westchester Park property, in order to provide funding for the golf
clubhouse expansion project and a loan of $125,500 for the pool deck
replacement project. Since the proceeds from the sale have not yet
occurred, Director Langlois has also requested that these authorizations
be extended for an additional one -year term.
To date, approximately $148,900 of expenses has been paid for
engineering and subdivision work in Westchester Park. Since the loan
amount authorized for this purpose last year was $134,700, it is necessary
that the amount be increased to reflect the additional 2003 expenditures.
After exhausting debt proceeds as well as residual funds from the sale of
the 31St right -of -way, additional expenses of $41,300 were paid for the
Bath and Tennis clubhouse project during 2003. This authorization has
been included in this ordinance.
All of the projects included in this ordinance that will utilize Westchester
Park real estate proceeds as a funding source total $1,614,000. This
amount is less than the current appraised value of the property. Staff
anticipates selling the three residential lots during the first half of 2003.
Trustee Savino expressed concern about the use of the Golf Surcharge
Fund of $80,000 being used when the golfers were told the funds were to
be used for the betterment of the golf course. He suggested that in order
to keep faith with the golfers that the $80,000 be used from the General
Fund rather than the Golf Surcharge Fund. Golf Club Manager Trey
VanDyke explained that the funds are to be borrowed and will be repaid
and will not affect any current projects to be funded by the Surcharge
Fund.
Trustee Miologos agreed with Trustee Savino and felt that the Golf
Surcharge Fund not be used for this. She expressed concern about the
deficit in general. Finance Director Langlois recognized that budget
projections are based on an average year without an excessive amount of
inclement weather. He commented that the Golf Club did not meet
projections because of weather related issues.
VILLAGE OF OAK BROOK Minutes
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Page 10 of 18 January 28, 2003
8. B. 1) He added that operationally the whole Sports Core broke even, but by
adding debt service to the numbers there was a shortfall. Discussion
ensued relative to the budget process and how projections are made.
Trustee Korin reiterated that the Sports Core needs to be self - sufficient.
Finance Director Langlois also reiterated that previous Boards made the
decision that the Sports Core debt service would not be a part of their
annual budget, but since the policy of this Board required that it be part
of the annual budget, the self - sufficiency goal could not be realized until
the debt service is paid off in 2007. Trustee Korin stated she felt that the
Board needs to change how the Sports Core is operated in order to
achieve self - sufficiency. She feels that the General Fund cannot keep
paying for the Sports Core activities and recommended that the Board
should analyze the activities of the Sports Core and their costs.
Trustee Savino stated the Five -Year Plan has been in place and that the
benchmarks that had been set by the consulting firm Gladry and Pullan
are being met. President Bushy suggested removing the golf
memberships because they are costly and the golfers pay a one time fee
and play as much golf as possible. She also described the history of the
referendum to allow the purchase of the property and the philosophy as to
how the Sports Core would be funded which drove the direction of the
facility. Trustee Korin emphasized that she felt it was time to change the
direction and analyze how the Sports Core could break even.
Trustee Savino suggested the Board must deal with what was before
them and set aside another time to discuss the Board's concerns.
Discussion ensued as to which fund the loan would be charged against.
Trustee Caleel noted the immediate need to transfer funds and since the
Board is not satisfied with the Sports Core performance to consider a
Committee -of- the -Whole meeting to discuss this issue.
President Bushy asked if it is the Board's goal to change the cost
structure this year. Trustee Craig noted that the Bath & Tennis Club has
done very well this year and it should be given a chance. Finance
Director Langlois explained that it is the debt service of the Sports Core
that causes the deficit of the Sports Core and it will come to an end in the
year 2007 and it could be self - sufficient at that time.
VILLAGE OF OAK BROOK Minutes
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Page 11 of 18 January 28, 2003
N.
B. 1) Motion by Trustee Craig, seconded by Trustee Aktipis, that the Village
Board approve Ordinance 2003 -BU -S -1032, "An Ordinance Authorizing
a Loan to the Sports Core Fund." ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Miologos and Savino.
Nays: 1 - Trustee Korin.
Absent: 0 - None. Motion carried.
Motion by Trustee Savino, seconded by Trustee Aktipis, that the Board
use the proceeds from the Westchester Park sale to reimburse the Golf
Surcharge Fund $80,000.00 after the General Fund has been reimbursed.
Trustee Miologos amended the motion to include that the Board use the
proceeds from the Westchester Park sale to reimburse the Golf Surcharge
Fund of $80,000.00.
Both concurred with the amended motion. VOICE VOTE: Motion
carried.
2) RESOLUTION 2003 -TX- PRPTY -EXP -R -828, "A RESOLUTION 03-Tx-PRPTV-ExP-
R- 828 -SALE OF
AUTHORIZING THE SALE OF SURPLUS PUBLIC REAL ESTATE SURP PURL RL
(LOTS 1, 2 AND 3 OF THE SPORTS CORE/WESTCHESTER PARK EST - SPRTS
COR/WES('HSTR
SUBDIVISION)' PK SUBDw
Resolution 2003- TX -PRPTY -EXP -R -828, declares Lots 1, 2 and 3 of the
Sports Core /Westchester Park Subdivision as surplus public real estate
and authorizes the staff to sell these lots.
Village Attorney Martens indicated in Section 5 that the Resolution has
been amended to include "that the Illinois Municipal Code provides that
the corporate authorities may accept any contract proposal for purchase
of one or more of the lots as determined by them to be in the best interest
of the municipality by a vote of two- thirds of the corporate authorities
then holding office, but in no event at a price less than 80% of the
appraised value."
The procedure for the sale of these lots is set forth in Section 4 of the
resolution. The proposed process is as follows:
• The Village offers to sell these lots at not less than the appraised
value.
• On a date certain, (Wednesday, March 12, 2003, is the suggested
date) interested parties submit sealed offers to enter into a real
estate sale contract with the Village at a proposed purchase price.
VILLAGE OF OAK BROOK Minutes
Page 12 of 18
January 28, 2003
8. B. 2)
• The Village will consider entering into a sale contract on each
individual lot beginning with the person or entity highest proposed
purchase price.
• No financing contingencies are allowed.
• A person or entity submitting the highest proposed purchase price is
required to enter into a real estate sale contract and furnish $50,000
in earnest money within five business days of the opening of the
sealed offers.
• The Village Board reviews the real estate sale contract signed by
the person or entity. The Village Board may accept or reject the
offer, giving its reasons why the offer is or is not in the best interest
of the Village.
• If the offer is accepted by the Village Board, the transaction must
be closed within fifteen business days of the date that the person or
entity is notified that the Board has accepted the offer.
• Upon passage of the resolution, the Village would make available
soon thereafter a package for interested parties. This package
would include a copy of a proposed real estate sale contract, a title
commitment, and a survey. Interested parties would be able to
conduct soil tests on the property subject to prior notification and
approval by the Village Engineer. Questions about the sale of this
property would be directed to Margaret Rimbo at the Village Hall.
Village Attorney Martens explained that one open policy question is
whether the Village will pay a commission to cooperating brokers (i.e., a
broker who advises a person or entity of the availability of the lots).
Typically, such a commission would be 2.5 %, payable by the Seller. If
such a commission were allowed, the local realtors would likely actively
market the lots.
Trustee Aktipis asked how the winning bid would be determined.
Attorney Martens recommended that the resolution be amended to
include a 2.5% participating real estate broker fee. Trustee Caleel
recommended concurrence that the Resolution be amended to contain
"the Village will pay a 2.5% commission to participating real estate
brokers" prior to the last sentence in the Resolution. The Board
concurred with the recommended change. The Board asked that for sale
signs be located on the property.
VILLAGE OF OAK BROOK Minutes
Page 13 of 18 January 28, 2003
B. 2) Motion By Trustee Caleel, seconded by Trustee Aktipis, to approve
Resolution 2003 -TX- PRPTY -EXP -R -828, "A Resolution Authorizing
The Sale Of Surplus Public Real Estate (Lots 1, 2 And 3 Of The Sports
Core /Westchester Park Subdivision) as amended ". ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
3) RESOLUTION 2003- BD -CL- MIN-EXI -R -829, "A RESOLUTION 03 -BD -ci MIN -
EX 1 -R- 829 -RLS
APPROVING THE RELEASE OF CLOSED MEETING MINUTES — cLSD MTC MIN
JULY, 2002 THROUGH DECEMBER, 2002" 7 -02 THRU 12 -02
Effective January 1, 1982 ILSC 120/2.06 required that all public bodies
shall keep written minutes of all their meetings, whether open or closed.
The public body shall periodically, but no less than semi - annually, meet
to review minutes of all closed sessions that had not been released to the
public. The Closed Meeting minutes of July through December, 2002
have been reviewed by Attorney Martens and items still pending and
requiring continued confidentiality have been deleted.
Motion by Trustee Caleel, seconded by Trustee Savino, that the Village
Board approve Resolution 2003- BD -CL- MIN -EXI -R -829, "A
Resolution Approving the Release of Closed Meeting Minutes." ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS:
AWARD CT
1) FIRE DEPARTMENT REPLACEMENT VEHICLE — STATE OF FD REI>LC VEx
ILLINOIS JOINT PURCHASING
Pursuant to the provisions of Section 1 -7 -10 of the Code of Ordinances
and Compiled Statutes, the Village is permitted to join with other
governmental units in order to benefit from cooperative purchasing
arrangements.
Department Head vehicles are normally replaced on an 8 -year cycle.
Mileage and mechanical concerns require a 7 -year replacement. This
vehicle is more suitable than a sedan in emergency situations because of
ease of accessibility to the cargo area where several emergency
equipment items are kept. Delivery is expected approximately 90 days
after receipt of order. The vehicle being replaced will be sold through the
June, 2003 DuPage Mayors & Managers Conference vehicle auction.
VILLAGE OF OAK BROOK Minutes
Page 14 of 18 January 28, 2003
8. C. 1) Motion by Trustee Caleel, seconded by Trustee Savino, that the Village
Board waive further bidding since the State of Illinois already conducted
the bid process and award a purchase order to Bob Ridings, Inc., 931
West Springfield Rd., Taylorville IL, 62568 -1220 for one 2003 Ford
Explorer in the amount of $19,475.00. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. APPROVAL OF MERIT BONUS & VACATION — ACTING VILLAGE MERIT BONUS --
MANAGER vAC - ACTG V I LL
MGR
It was the consensus of the Board at the Closed Meeting on December 10,
2002, that this action is warranted.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to authorize a one-
time merit bonus of $5,000 and one (1) week of vacation to Michael Crotty,
in recognition of his service to the Village in his capacity as Acting Village
Manager since August, 2002. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried
E. DISCUSSION AND POSSIBLE REFERRAL OF — TITLE 13 — ZONING DIS/REFR TTLE 13
- ZNG ORD - CHN
ORDINANCE — CHAIN -LINK FENCES -TEXT AMENDMENT LNK FNCES
At the January 14, 2003 meeting, the Board directed Staff to develop
alternative language concerning the location of new chain -link fences in the
Village. Also, staff was authorized to secure the services of an appraiser to
determine the potential impact on property values of chain -link and non -
chain -link fences. A summary of this analysis is as follows:
Existing Chain Link Fence Requirements
At the present time, chain -link fences are permitted anywhere within the
buildable area of a lot as well as in all required front, side and rear yards as
long as the fence does not exceed 42 inches in height and is at least 50
percent open. Around swimming pools, 6 -ft. high chain -link fences are
permitted. Fences are also permitted within the buildable area of a lot. The
fence ordinance language adopted by the Board at the January 14, 2003
meeting enhances the aesthetics of chain -link fences, but does not limit use.
VILLAGE OF OAK BROOK Minutes
IN
Page 15 of 18
January 28, 2003
E. Proposed Chain -link Fence Requirements
The Zoning Ordinance Review Committee (ZORC) consisting of Village
Trustee Savino — Community Development Department Liaison, Village
Attorney Martens and Community Development Director Kallien met to
craft proposed language designed to limit the use of chain -link fences in the
Village. For comparison purposes, the Village's existing chain -link fence
regulations are depicted against the ZORC recommendation:
Location
Existing
Proposed
Anywhere in the Buildable area
Yes
No
In any front or side yard
Yes
No
In any rear yard
Yes
No/Yes
Surrounding Subdivisions
Yes
Yes
Swimming Pools
Yes
No
Sports Courts/Fields (tennis, basketball,
baseball)Yes
Yes
Construction Sites
Yes
Yes
Roads Right -of -ways
Yes
Yes
Dog Runs /Kennels
Yes
Yes
Impact Analysis
Paul Davis, an appraiser with the appraisal firm of Tom Collins and
Associates, was contacted to advise whether any empirical data exists
concerning the effect of fences on property values.
After analyzing the Village's request, Mr. Davis indicated that he is not
aware of any empirical studies or data on the effect that certain types of
fences have on property values. He stated that for such an analysis,
empirical data would have to be developed for Oak Brook properties. In his
opinion, such a study would take a number of months, and many thousands
of dollars to complete, and even then, he could not guarantee that its findings
would support an assertion that fences impact property values.
Recommendation
In regards to either seeking out the opinion of other appraisers or to obtain a
detailed cost estimate to develop the empirical data showing the potential
impact fences have on property values, staff seeks additional direction from
the Board. It is staff's recommendation to refer this matter to the Plan
Commission for review and recommendation at its meeting on February 17,
2003 and to the Zoning Board of Appeals for public hearing at its March 4,
2003 meeting. Staff further requests direction from the Board as to its
wishes to video tape the Plan Commission and Zoning Board meetings for
this request.
VILLAGE OF OAK BROOK Minutes
0
Page 16 of 18 January 28, 2003
8. E. Trustee Aktipis suggested that the Burr Ridge and Long Grove
municipalities, who currently limit the use of chain -link fencing, be
contacted to understand on what legal basis they felt they were able to limit
the use. Trustee Caleel asked that this information be given to the Plan
Commission and Zoning Board of Appeals also.
Discussion ensued relative to not allowing chain -link even for dog run
fences. Community Development Director Kallien suggested that staff
contact the makers of dog run fences to determine what types of materials are
available.
Trustee Caleel asked if the Board concurred with the recommendations.
Motion by Trustee Savino, seconded by Trustee Aktipis, to refer this matter
to the Plan Commission for review and recommendation at its meeting on
February 17, 2003 and to the Zoning Board of Appeals for public hearing at
its March 4, 2003 meeting and to include videotape of the meetings.
Manager Crotty stated the cost would be $400.00 to tape the meetings. The
mover and seconder withdrew the request to videotape the meetings. VOICE
VOTE: Motion carried.
9. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT:
President Bushy explained that the Chicago Area Transportation Study has
developed a major project relative to transportation and has provided the
Board with a videotape to ask the local cable company to air it in February.
She offered to lend it to anyone who was interested prior to submitting it to
the cable company.
President Bushy reported on her attendance of the U.S. Conference of
Mayors, Washington, D.C. She participated in workshops or committee
discussions concerning transportation and communications, urban economic
policy, gang crime and terrorism, regionalism and smart growth. She met
with Senator Dick Durbin and Senator Peter Fitzgerald. Senator Fitzgerald
gave them a report on acquiring grants. President Bush was pushing the
citizens' corp.
Trustee Aktipis asked if our legislators could help the Village regarding the
sales tax issue. President Bushy indicated they are working on a national
sales tax issue regarding internet sales. The new governor's transition team
does not include anyone from DuPage County and they are considering the
one cent sales tax municipalities receive be shared. The DuPage Mayors and
Managers Conference drive down to Springfield to lobby the legislature is
April 30 and May 1St
VILLAGE OF OAK BROOK Minutes
WIN
Page 17 of 18 January 28, 2003
INFO & UPDATES
VLLG PRES
9. A. She suggested that someone from Oak Brook should be part of the lobby on
this issue. She also acknowledged the amount of effort staff has put forth in
handling the Village's budget and commended them for their efforts.
B. VILLAGE MANAGER: VLLG MGR
Manager Crotty announced that the sled hill on the Sports Core property is
being removed and the landfill is being used by the McDonald Corporation.
With the remaining landfill it will be gently sloped on the Sports Core
property at no cost to the Village. Minimal top soil will need to be purchased
to complete the project.
10. DEPARTMENTAL REPORTS - QUARTERLY REPORTS: QTRLV. RPTS
A.
Communications Center
H.
Library
B.
Community Development
I.
Police Department
C.
Engineering Department
J.
Public Works
D.
Finance Department
K.
Recycling
E.
Fire Department /EMS
L.
Risk Management
F.
Information Services/
M.
Sports Core - Bath & Tennis & Golf
Purchasing
N.
Village Clerk
G.
Legal Department
Quarterly Reports were accepted as presented and placed on file.
11. UNFINISHED AND NEW BUSINESS: None UNFIN & NEw
BUSINESS
12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None. OTHER BUS.
13. ADJOURNMENT: ADJRN
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at
10:47 p.m. VOICE VOTE: Motion carried.
ATTEST:
c� e Co y, n iW c✓
Lmda k. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes
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Page 18 of 18
January 28, 2003