Minutes - 02/08/2000 - Board of TrusteesVILLAGE OF OAK BROOK Minutes
FEBRUARY 8, 2000 UNOFFICIAL UNTIL
APPROVED AS WRITTEN ,/OR AS
AMENDED _ BY VILLAGE BOARD ON
FEBRUARY 22, 2000
1. 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
7:33 p.m. Pledge of Allegiance was given.
2. ROLL CALL: ROLL
CALL
The Deputy Clerk called the roll with the following persons
PRESENT: President Bushy, Trustees Butler, Caleel, Craig, Kenny,
McInerney and Savino.
ABSENT: None
IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty,
Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Bruce F.
Kapff, Information Services/Purchasing Director; Robert L. Kallien, Jr.,
Community Development Director; Richard A. Martens, Village Attorney;
Ruth A. Martin, Library Director and Bonnie Sartore, Bath & Tennis Club
Manager.
Trustee Kenny arrived at 7:53 p.m.
3. ANNOUNCEMENTS & OPEN FORUM: ANNOUNCE.
& FORUM
Joe Fullan, 122 Timberview Drive, Oak Brook, addressed the board with his
concerns relating to the library project. He stated that he wanted assurance that
the design concept would not be compromised, as he believes that endangering
the woodland design would be harmful to gaining additional public support.
He reported that the members of the Friends of the Oak Brook Public Library,
of whom he is a member, donated $100,000 to the Oak Brook Library
Foundation so that quality materials would be selected that are needed to fulfill
the design.
President Bushy indicated that there was an exchange of letters between the
Village, the architect and our value engineers, Harbour Contractors. When
only bits and pieces of information are taken from those letters, perhaps out of
context or with a lack of full understanding of the issues currently on the table,
it can be construed by some that there is reason for some concern. The Village
Board remains deeply interested in, committed to, and is fully responsible for
the Oak Brook Public Library. She indicated that the village is not in
VI/L�LAGE OF OAK BROOK Minutes Page 1 of 9 February 8, 2000
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agreement with all of the architect's ideas, and that costs must stay within the
$5 million budgeted.
Village Manager Veitch indicated that there have been some difficulties with
completing the final construction drawings, but is confident that the project is
back on track. He concurred with President Bushy that the architect is
frustrated with the finite budget and that the Village is not as deferential
towards the architect as the architect as he might prefer. He stated that they are
hopeful to have the construction drawings soon from Mr. Carow so Harbour
Contractors may review them to update their cost opinion.
President Bushy indicated that as public officials, the Board is obligated to see
that a fine, functional building is constructed within the budget of $5 million.
She indicated that a public meeting will occur in order to allow residents the
opportunity to view the final construction drawings at a Village Board meeting
when the Trustees will also see them.
Nancy Hayden, 8 Natoma Court, Oak Brook, stated that she has been a resident
of Oak Brook for 11 years and has been a board member of the Friends of the
Oak Brook Public Library for 10 years. She indicated that many of her
concerns were addressed by President Bushy, but wanted to convey her
concern that the delays in the library construction may create a loss of
enthusiasm for the project. She commented that she was eager to see that the
project would be moved along in order to begin construction in the spring.
President Bushy indicated that she agreed with Mrs. Hayden, but stated that
delays were created by litigation involving the library project. She noted that
when construction begins, the Foundation may receive additional donations.
She remarked that the Village Board shares the frustration with the delays and
has been working hard to continue the library project.
Trustee McInerney provided an analogy between the Village of Oak Brook and
the Oak Brook Park District. He indicated that the referendum for the library
project was approved, but the Park District's referendum was turned down. As
a result, the Park District's project might not have gotten the kind of attention
to detail that some would have preferred. He commented that he wanted to be
a part of a Board that would be proud of the design and Carow Architects not
only provided an aesthetic design, but also included ideas that could provide
cost savings through time.
Trustee Caleel affirmed that many people worked hard to raise approximately
$750,000. He understands the impatience that some residents may be feeling
in regards to the project, but unfortunately litigation created many delays. He
also agreed that once the project begins, people would see something physical
that they might want to donate funds to the library.
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Trustee Savino stated that he understood the frustration that residents feel with
the delays in the library project. He reiterated that the litigation created
numerous delays. He affirmed that the Board is committed to building a
library and pointed out that they did not back away from the project when the
cost rose from $3.5 million to $5 million.
Trustee McInerney indicated that he had wanted to address articles in the
Illinois Municipal League relating to E- commerce, Y2K, and unfunded
mandates. He indicated his concern regarding what municipalities are
obligated to do as a result of statutes that include unfunded mandates. He
indicated, for example, that the actuarial study conducted on the Firefighters'
pension fund costs was approximately increased six times more than what
legislators had initially indicated.
President Bushy reported on bill U.S. House Resolution 2372, the "Private
Property Rights Implementation Act of 1999," which would permit landowners
and developers to bypass state courts and local planning commissions and city
councils and take their land use grievances directly into federal court. By
circumventing administrative procedures at the local level, land use disputes
would be in court at a far earlier point in the process, which may create more
frequent and expensive litigation against local governments. She indicated that
this would result in another unfunded mandate and that zoning is traditionally a
local option and should be maintained as such.
4. APPROVAL OF MINUTES:
Motion by Trustee McInerney, seconded by Trustee Caleel, to approve the
minutes of the Regular Meeting of January 25, 2000 as presented and waive
the full reading thereof. VOICE VOTE: Motion carried.
5. OMNIBUS AGENDA:
All items on the Omnibus 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 Omnibus Agenda and considered as the first item after
approval of the Omnibus Agenda.
Motion by Trustee McInerney, seconded by Trustee Caleel, to approve the
Omnibus Agenda. ROLL CALL VOTE:
Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes
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Page 3 of 9 February 8, 2000
MINUTES
BOT 01/25/00
APPROVAL:
A. APPROVAL OF BILLS: Approved Omnibus Vote. BILLS -
$268,822.44
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING PAYROLL-
JANUARY 22, 2000: Approved Omnibus Vote. $357,618.13
(gross)
C. CHANGE ORDERS: None.
D. PAYOUTS:
1) PATRICK ENGINEERING, INC. - PAYOUT #2 - TIMBER TIMBER TRH
TRAILS /MERRY LANE DRAINAGE STUDY - $9,235.96: MERRY LN
Approved Omnibus Vote. DRNG. STUDY
2) JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #16 - '99 PAV. PRJ.
1999 PAVING PROJECT - $1,394.96: Approved Omnibus Vote.
3) JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #4 - 2000 2000 PAV. PRJ.
PAVING PROJECT - $3,887.78: Approved Omnibus Vote.
4) JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #27 - '97 PAV. PRJ.
1997 PAVING PROJECT - $147.58: Approved Omnibus Vote.
E. REFERRALS:
1) O'DONNELL (344 FOREST TRAIL) - VARIATION - SIDE O'DONNELL
YARD - REFER TO ZONING BOARD OF APPEALS 344 FOREST TR
MEETING OF MARCH 7,200 : Approved Omnibus Vote. VARIATION
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS:
1) 2000 CRACK SEALING PROJECT: Approved Omnibus Vote. 2000 CRACK
SEAL. PRJ.
2) FIREWORKS - 2000 INDEPENDENCE DAY CELEBRATION FIREWORKS
- AUTHORIZATION TO NEGOTIATE CONTRACT: 2000 IND. DAY
Approved Omnibus Vote.
3) PARKING /TRAFFIC CONTROL - 2000 INDEPENDENCE PARKING
DAY CELEBRATION - AUTHORIZATION TO NEGOTIATE 2000 IND. DAY
CONTRACT: Approved Omnibus Vote.
G. ILLINOIS SAINT ANDREW SOCIETY - 2000 HIGHLAND ST. ANDREW
GAMES AND SCOTTISH FESTIVAL: Approved Omnibus Vote. 2000 GAMES
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
VILLAGE OF OAK BROOK Minutes Page 4 of 9 February 8, 2000
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7. ACTIVE AGENDA (Items For Final Action):
A. APPOINTMENTS: No Business.
B. ORDINANCES & RESOLUTIONS: No Business.
C. AWARD OF CONTRACTS:
1) 2000 MFT PAVING PROJECT:
Ten Competitive Sealed Bids were received on January 26, 2000.
The recommendation is that a contract be awarded, subject to staff
review, to the Lowest Responsible Bidder: James D. Fiala Paving,
6015 South Lenzi Avenue, Hodgkins, IL 60525, based on the unit
prices submitted, for an estimated total project price of $557,531.67.
The low bid is approximately 3.2% or $17,261.67 above the
consulting engineer's estimate (James J. Benes). The principal reason
for the bids being above the engineer's estimate and budget is the
price of asphalt, which is driven, in large part, by the price of oil. The
1999 unit price was $29.00 per ton. The engineer's estimate for this
project was $30.00 per ton. Bids ranged from $31.00 to $42.00 per
ton. Fiala's bid contains a unit price of $35.00. Prospective bidders
were required to be IDOT prequalified for this work.
Funds in the amount of $500,000 have been budgeted in the MFT
Improvements Program for this work. Should the final cost of the
work exceed $500,000, a supplemental appropriation from the MFT
Fund balance may be authorized by the Board.
Trustee McInerney asked if the asphalt and oil could be awarded to
two separate vendors.
Village Manager Veitch indicated that the unit price is per ton and
installed. He stated that due to the nature of this contract it would be
difficult to divide the items of work. He remarked that if the bidder
underestimated the cost, they are obligated to honor their bid.
Motion by Trustee Craig, seconded by Trustee Caleel, that a contract
be awarded, subject to staff review, to the lowest responsible bidder:
James D. Fiala Paving, 6015 South Lenzi Avenue, Hodgkins, Illinois,
60526, based on the unit prices submitted, for an estimated total
project price of $557,531.67. ROLL CALL VOTE:
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Page 5 of 9 February 8, 2000
2000 MFT
PAV. PRJ.
Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
8. INFORMATION & UPDATES: INFO &
UPDATES:
A. VILLAGE PRESIDENT: vLLG PRES
President Bushy indicated that she has been working on sales tax
issues regarding e- commerce. Letters were sent to Representative
Hyde and Biggert, who have districts in Oak Brook. Letters have
been sent to Senator Fitzgerald and Durbin and State Representative
Jim Durkin who is State Chairman of Senator McCain's campaign,
also received a letter. Senator McCain is adamantly promoting no
sales tax on internet purchases. President Bushy spoke with Mr.
Durkin regarding the serious problems that municipalities are facing
with this issue. The Metropolitan Mayor's Caucus, Economic
Development Committee met this morning and she shared her
concerns with the Chairman of the RTA, as this issue would affect
RTA's income. President Bushy reported that she would be going to
Springfield to meet with the Department of Commerce and
Community Affairs to make a preliminary presentation along with
two other mayors which would later be presented to Governor Ryan
regarding internet sales tax income issues. She reiterated that the
issue she is addressing is in regards to internet sales tax. There is a
congressionally mandated three -year moratorium on this sales tax.
Senator McCain and Representative Kasich have proposed that this be
a permanent moratorium. President Bushy indicated that this would
create a hardship on the Village in meeting expenses. She stated that
the decrease in sales tax revenue would reduce commercial rents and
eventually real estate values. This would also reduce the funds to
other local tax jurisdictions that acquire funds through property taxes,
as a result of the diminishing value of property.
President Bushy indicated that, in addition to discussing her concerns
with Durkin and other representatives, she is trying to set up a
meeting with someone from the area who has been named Chief
Financial Advisor to the Senate Banking Committee before he leaves
for Washington.
B. VILLAGE MANAGER: VLLG MGR
Village Manager Veitch reported that the Metropolitan Mayor's
Caucus Electric Reliability Task Force is launching a project with the
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city of Chicago, Commonwealth Edison and the United States
Department of Energy to coordinate emergency planning at the
municipal level. As a short term- measure and for summer
preparation, they want to jointly identify the areas on the electric
system that are at risk so that Commonwealth Edison and local
government can be prepared for potential problems. The task force is
also monitoring improvements that Commonwealth Edison is making
to the distribution system. Village Manager Veitch reported that
thousands of feet of underground plant have been replaced in Oak
Brook within the last two years due in part to the prominence that the
Village has had in this regional effort. He indicated that the total
number of outages in 1999 will probably be about half of what they
were in 1998 and believes that the numbers will continue to head in
the right direction.
Village Manager Veitch reported that the Board of Fire and Police
Commissioners met and approved two promotions in the Fire
Department. He reported that Lieutenant Robert Cronholm was
promoted to Captain and Firefighter Thomas McEllin was promoted
to Lieutenant. These promotions are occasioned by the retirement of
Captain Joseph Kovarik. He reported that the swearing in ceremony
would occur the following morning at 8:00 am in the Boardroom and
invited everyone to attend the event.
9. DEPARTMENTAL REPORTS - LIAISON ASSIGNMENTS: DEPT RPTS -
A.
Community Development
LIAISON
Trustee Savino
B.
Finance, Information Services & Purchasing
Trustee Caleel
C.
Intergovernmental Relations
Trustee McInerney
D.
Library & Community Events
Trustee Butler
E.
Public Safety
Trustee Kenny
F.
Public Works & Engineering
Trustee Craig
G.
Village Clerk
Deputy Clerk Furman
H.
Village President
President Bushy
Departmental Reports were discussed and accepted.
10. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
A. RECOMMENDATION - EXTENSION OF SPECIAL USE PERMIT SPEC. USE
- PEABODY MANSION (1717 W OAK BROOK ROAD): 1717 OAK BROOK
The third amendment to Ordinance S -841, approved on February 23,
1999 (as Ordinance S -926) which extended the special use permit for
the Peabody Mansion expires on February 13, 2000 if occupancy
VILLAGE OF OAK BROOK Minutes Page 7 of 9 February 8, 2000
permits have not been issued for buildings on the property. To date,
occupancy permits have not been issued.
The Forest Preserve District was reminded of this provision and has
responded with written request for a one -year extension. The District
has recently re- assumed control of the facility and has retained a
design firm to plan renovation of the facility.
Staff sees no reason to object to a one -year extension and recommend
Board approval. If the Board concurs, it would be appropriate to
authorize the Village Attorney to prepare the necessary ordinance for
consideration on February 22, 2000.
Motion by Trustee Savino, seconded by Trustee Kenny, that the
Board approve a one -year extension for a special use permit for the
Peabody Mansion (Mayslake Landmark Conservancy) which is
located at 1717 Oak Brook Road, and direct the Village Attorney to
draft the appropriate ordinance. VOICE VOTE: Motion carried.
Trustee McInerney indicated that he was concerned that the owners
and licensees did not have the funds necessary to complete this
project, and came before the board on numerous occasions with
various promises. He remarked that it was time that this project be
completed.
President Bushy indicated that the money they now have is public
money. She indicated that this looming property is troublesome to the
residents in Trinity Lakes as they are wondering what is going to
happen with this property.
Trustee McInerney indicated that the applicant came to the taxpayers
to request money to acquire the property and that they should be held
accountable for making it available for public use.
Trustee Caleel stated that the referendum passed for $75 million to
buy properties of open land, yet this property doesn't appear to be
open land. He indicated that there was information in the newspapers
regarding assisted living on the other side (the Friary), which would
take additional public money and yet not serve the purpose for which
the original referendum was promoted. He commented that the Forest
Preserve District has not kept faith with the taxpayers.
President Bushy stated that she didn't see a reason to turn down the
extension for an additional year. It is worthwhile that the District
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understand that there are concerns, especially for the residents within
Trinity Lakes.
Trustee Savino noted that there were many conditions included as part
of the original special use permit. He asked that the ordinance be
reviewed to see that these conditions remain in effect.
Village Manager Veitch indicated that ownership and control would
need to be reflected appropriately in the ordinance.
Trustee McInerney commented that what has been promised has not
occurred and reiterated that this is not open space as Trustee Caleel
discussed earlier. He stated that they should be held accountable.
Trustee Caleel asked what would occur if the Board did not approve
the extension. Village Attorney Martens indicated that the applicant
would have to seek alternative relief and start over.
President Bushy explained that ultimately it is public funds that would
be spent. She stated that the Village Attorney would need to ensure
that the applicant meet the original conditions placed upon this
permit. She noted that it was the District's responsibility to ensure
that public safety concerns are addressed and that the building is safe
to be occupied by the public.
11. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None.
12. ADJOURNMENT:
Motion by Trustee Caleel, seconded by Trustee McInerney, to adjourn the
meeting at 9:02 p.m. VOICE VOTE: Motion carried.
In accordance with the provisions of the Americans with Disabilities Act, any
individuals who is in need of a reasonable accommodation in order to
participate in or benefit from attendance at a public meeting of the Village of
Oak Brook should contact Michael Crotty, The Village's ADA Coordinator, at
(630) 990 -5738 as soon as possible before the meeting date.
ATTEST:
Linda k. Gonnella, CMC /AAE
Village Clerk
BOT020800
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