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Minutes - 02/09/1999 - Board of TrusteesVILLAGE OF OAK BROOK Minutes FEBRUARY 9. 1999 UNOFFICIAL UNTIL APPROVED AS WRITTEN OR AS AMENDED v-, BY VILLAGE BOARD ON a� 9 1. 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 7:30 p.m. Pledge of Allegiance was given. 2. ROLL CALL: The Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Bartecki, Kenny, McInerney, Savino and Shumate. ABSENT: Trustee Caleel. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Tom Hawk, Director of Community Development; Bruce F. Kapff, Director of Information Services & Purchasing; Bonnie Sartore, Bath and Tennis Club Manager; and Trey VanDyke, Golf Club Manager. 3. ANNOUNCEMENTS & OPEN FORUM: President Bushy thanked Trustee Kenny for presiding at the Village Board meeting of January 26, 1999 as Chairman in her absence while attending the U.S. Mayors Conference in Washington, D.C. 4. APPROVAL OF MINUTES: Motion by Trustee McInerney, seconded by Trustee Shumate, to approve the minutes of the Regular Meeting of January 26, 1999 as presented and waive the full reading thereof. VOICE VOTE: Motion carried. 5. OMNIBUS AGENDA: Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the Omnibus Agenda. ROLL CALL VOTE: Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. A. APPROVAL OF BILLS: Approved Omnibus Vote. VILLAGE OF OAK BROOK Minutes 1 of 16 February 9, 1999 MEETING CALL ROLL CALL ANNOUNCEMENTS AND OPEN FORUM MINUTES ' APPROVAL OF: BILLS - $831,337.50 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING PAYROLL — JANUARY 23,1999: Approved Omnibus Vote. $326,289.92(gross C. CHANGE ORDERS: None. D. PAYOUTS: PAYOUTS: 1) TREASURER, STATE OF ILLINOIS - ILLINOIS STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION - REIMBURSEMENT IDOT - 22ND STREE OF 22ND STREEIYORK ROAD CONSTRUCTION - $24,443.56: YORK ROAD CONSTRU Approved Omnibus Vote. TION E. F. G. H. I. 2) CENTRAL BLACKTOP COMPANY - PAYOUT #4 - 1998 1998 PAVING PAVING PROJECT - INFRASTRUCTURE PORTION - PROJECT $110,904.69: Approved Omnibus Vote. 3) JAMES J. BENES & ASSOCIATES INC. - PAYOUT #4 - 1999 1999 PAVING PAVING PROJECT - $22,136.91: Approved Omnibus Vote. PROJECT 4) JAMES J. BENES & ASSOCIATES INC. - PAYOUT #20 - 22ND 22ND STREET /YORK STREETNORK ROAD CONSTRUCTION - $2.461.26: ROAD CONSTRUCTION Approved Omnibus Vote. 5) JAMES J. BENES & ASSOCIATES INC. - PAYOUT #16 - 1998 1998 PAVING PAVING PROJECT - $173.96: Approved Omnibus Vote. PROJECT REFERRALS: 1) OAK BROOK PARK DISTRICT - 1450 FOREST GATE ROAD - VARIATION - WAVER REQUIREMENT FOR CURBING REFER TO ZONING BOARD OF APPEALS MEETING OF MARCH 2,1999: Approved Omnibus Vote. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: None. REQUEST FOR WAIVER OF FILING FEES - OAK BROOK PARK DISTRICT: Approved Omnibus Vote. ILLINOIS SAINT ANDREW SOCIETY - 1999 HIGHLAND GAMES AND SCOTTISH FESTIVAL: Approved Omnibus Vote. REFERRALS: OAK BROOK PARK DISTRICT- VARIATIO WAIVER REQUIREMEN FOR CURBING (1450 Forest Gate Road) OAK BROOK PARK DIST.- WAIVER OF FILING FEES ILL. ST. ANDREW SOC. - 1999 HIGH- LAND GAMES REJECTION OF BID - GOLF CAR FLEET: Approved Omnibus GOLF CAR FLEET Vote. 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. VILLAGE OF OAK BROOK Minutes 2 of 16 February 9, 1999 7. ACTIVE AGENDA (Items For Final Action): A. APPOINTMENTS: No Business. B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 99- ZO- V -EX1 -S -924 AN ORDINANCE GRANTING AN AMENDMENT TO ORDINANCE S-487 OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT YARD REQUIREMENTS (3701 MADISON STREET, OAK BROOK, IL 60523): Discussed and direction given at the Regular meeting of January 26, 1999. ' This amendment to Ordinance S-487 permits construction of a garage attached to a new main house and certain second floor living facilities to be constructed in a portion of the required front yard at 3701 Madison Street. This amendment requires that the owners maintain not less than an eighteen foot (18') front yard setback. Motion by Trustee Savino, seconded by Trustee McInerney, to pass Ordinance 99- ZO- V -EX1 -S -924, "An Ordinance Granting An Amendment To Ordinance S -487 Of The Zoning Ordinance Of The Village Of Oak Brook Relative To Front Yard Requirements (3701 Madison Street, Oak Brook, IL 60523) ", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. ORD.99-ZO-V-EX1- S -924 AMEND ORD. S -487 RELATIVE TO FRON YEAR REQUIREMENT (3701 Madison Street) 2) ORDINANCE 99 -PP -S -925 AN ORDINANCE AUTHORIZING ORD. 99-PP-S-925 THE SALE OF CERTAIN PERSONAL PROPERTY OWNED SALE OF CERTAIN BY THE VILLAGE OF OAK BROOK: PERSONAL PROPERTY The ordinance requests surplus status for one (1) round wood table, two (2) Royal typewriters, one (1) chair with wooden base and arms, and one (1) microfilming machine. Staff will be soliciting bids for these items, and all offers received will be presented to the Village Board for consideration. Motion by Trustee Bartecki, seconded by Trustee Shumate, to pass Ordinance 99 -PP -S -925, "An Ordinance Authorizing The Sale Of Certain Personal Property Owned By The Village Of Oak Brook ", as presented and waive the full reading thereof. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes 3 of 16 February 9, 1999 01 Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: .1 - Trustee Caleel. Motion carried. 3) RESOLUTION 99- SD -FP -R- A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION KNOWN AS FOREST GATE (NORTHEAST ROUTE 83 AND OAK BROOK ROAD, OAK BROOK, IL 60523)• Discussed and direction given at the Regular meeting of January 26, 1999. The review of the subdivision engineering is proceeding and the resolution is taking shape accordingly. However, the Village Engineer is not yet able to represent to the Board that the final plat can be approved as submitted. A meeting among Village engineering staff, County engineering staff and the stormwater /wetlands review consultants will take place next week and should identify any significant issues pertaining to stormwater management or wetlands. The developer's engineer is analyzing alternatives to address the concerns, reported earlier, regarding water and sanitary sewer location and depth. Please note that the final action on this development must also include vacation of the undeveloped Surrey Drive right -of -way, which will require a separate ordinance. Henceforth, staff will show both items on the agenda. Motion by Trustee Savino, seconded by Trustee McInerney, to table consideration on this subject to the Active Agenda of the Regular meeting of February 23, 1999. VOICE VOTE: Motion carried. C. AWARD OF CONTRACTS: 1) WATER METERS: The Oak Brook Public Works Department is in the midst of a multi- year program for the replacement of water meters (first year was in 1996). The current residential and commercial meters are gradually being replaced (a mix of 500 meters per year in 1996 and 1997, increasing to 1,000 in 1998 and 1999) in order to improve the accuracy of older meters, to switch to a meter head and outside sensing device (Touch -Pad) which will permit a more accurate means of collecting the meter reading data, and to eliminate the outside reading mechanism which often does not match the actual usage as indicated on the inside meter (resulting in unbillable water). The VILLAGE OF OAK BROOK Minutes 0 4 of 16 February 9, 1999 FINAL PLAT OF SUBDIVISION KNOWN AS FOREST GATE (Northeast Route 83 & Oak Brook Road) AWARD OF CONTRACT: WATER METERS water meters used in the Village are manufactured by the Sensus 'Corporation. U.S. Filter Distribution Group has the exclusive franchise in Illinois. Current plans are to place one or more large orders, for a mixture of various meter sizes, in order to qualify for the greater than 500 quantity price break. Since meters are being replaced with Village forces, the total quantity ordered for 1999 will be dependent on available time to complete the change -outs. Funds in the amount of $160,000 are contained in the Water Operations Program (51 -351) to cover this purchase. Motion by Trustee Savino, seconded by Trustee Bartecki, to waive bidding due to sole source and authorize the issuance Purchase Orders to United States Filter Corporation, U.S. Filter Distribution Group, Carol Stream, for water meters and accessories, based on negotiated unit prices for an estimated not -to- exceed amount of $160,000 for the 1999 year. ROLL CALL VOTE: Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. 2) LIBRARY PROJECT ARCHITECTURAL SERVICES: Discussed and tabled at the Regular meeting of January 26, 1999. Although negotiations have proceeded well and staff expects the not - to- exceed fee cap to be reduced by another $40,000 to $50,000 as a result, staff is still working with the architect on the revised hours budgets and phases of the work and is not ready for Board action. Staff anticipates being ready to proceed on February 23, 1999. Motion by Trustee McInerney, seconded by Trustee Bartecki, to table this item to the Regular meeting of February 23, 1999. VOICE VOTE: Motion carried. 8. DEPARTMENTAL REPORTS - LIAISON ASSIGNMENTS: Engineering: Trustee Bartecki - Street lights have been installed and are awaiting power from Commonwealth Edison for the 22 "d Street/York Road Project. Planting of a few trees and punchlist items will be completed this spring. VILLAGE OF OAK BROOK Minutes 5 of 16 February 9, 1999 LIBRARY PROJECT ARCHITECTURAL SERVICES DEPARTMENTAL REPORTS - LIAISON ASSIGN- MENTS Work is continuing on constructing the foundations for the new west half of the Midwest Road/I -88 Bridge. Finance and Hotel Committee: Trustee McInerney - All year end tax reporting was completed during January. Staff has been busy with year -end work in preparation for the 1998 audit. Most of the paperwork related to the Village's request for reimbursement of the costs associated with the snow emergency on January 2 and 3, 1999 has been completed. The actual amount of the reimbursement is subject to a cap on all claims (currently $5,000,000, but expected to increase). If funded up to the full 75 %, the Village's reimbursement would be between $20,000 and $25,000. Fire: Trustee Kenny - For the month of January, fire calls totaled 121, with mutual aid given five (5) times and received six (6) times. Ambulance calls totaled 92, with mutual aid given five (5) times and received eight (8) times. On January 6, 1999, Oak Brook fire units responded to an accident on the I -88 Tollway. A vehicle hit the toll booth abutment and rolled over with the driver trapped in the vehicle. The patient was transported to Good Samaritan Hospital. On January 16, 1999, Oak Brook fire units responded to an automatic fire alarm. There was a fire in the electrical assembly of a fan control unit. The fire was extinguished with several dry chemical extinguishers. Power was shut down while the fan. control was removed. After the power was restored, the room was ventilated. On January 24, 1999, Oak Brook fire units responded to a kitchen fire in Brook Forest. Upon arrival, the first engine crew reported smoke throughout the main floor, and fire under the kitchen counter. The fire was extinguished. Positive pressure ventilation was used to remove smoke from the residence. On January 25, 1999, Oak Brook fire units responded to a person wedged between a tree and a deck. First arriving crews found a woman who had fallen head first through a small space between the patio deck and a tree where the deck had been built around it. The K1200 circular saw and a chain saw were needed to remove the decking and free the victim. She was treated for hypothermia (exposure to the cold) since she was outside for an undetermined period until discovered by her husband. Her core body temperature was less than 90 degrees. Trustee Kenny commended our firefighters for their excellent work under these conditions. The first annual Fire Department Planning Retreat was held at McDonald's University. All fire department officers and various sector leaders attended for the purpose of coordinating accountability and achievement of the department goals and projects for 1999. There was a dive drill to review ice water rescue and dive procedures in preparation for February's actual outdoor ice rescue training. VILLAGE OF OAK BROOK Minutes 6 of 16 February 9, 1999 There was a fire extinguisher class for twenty -five (25) people and a C.P.R. class for ten (10) people both taught at Ameritech. There was also a C.P.R. instructors class for Oak Brook Fire Department personnel. Lim: Trustee Caleel - Village Manager Veitch reported that the Youth Services reading program "Some of Our Favorite Things" has been a popular program offering during January. Reference and . User Services produced targeted reading lists on "Diets and Dieting," "A Healthier You! Nutrition," and "Women's Health Issues ". Standard video and books on CD bibliographies were updated. All are ry available in the Libra. Staff continues upgrading and refining of the DuPage Automation System. The Library Commission, the Friends of the Library and the Library Foundation all continue to light the spark of excitement about the possibility of a wonderful new library within our community. The Library staff appreciates their work and their spirit. Police: Trustee Shumate - Sergeant Marc DeLise has completed 30 years of service. Sgt. DeLise is only the fourth officer in the 41 -year history of the Oak Brook Police Department to reach this milestone. Sergeant Steve Larson was presented with an Honorable Mention for his police work in apprehending and obtaining a confession from a suspect for vehicle burglaries in Brook Forest. The offender was charged with four (4) counts of burglary. Officer Velia Torlo was presented with an Honorable Mention for his observations while on routine patrol. Further investigation of the parked and occupied vehicle by Officer Torlo resulted in the arrest of two (2) offenders for possession of controlled substance, possession of drug paraphernalia and possession of cannabis. Village President Bushy noted that the Village had a major police training exercise with the western suburbs police canine units at the two (2) River homes on the Sports Core property today. Public Works and Planning & Zoning: Trustee Savino - Reported the following interesting snow and ice control statistics: In the 1997/1998 season, there were 15 events versus 12 events to date for the 1998/1999 season; snowfall recorded in 1997/1998 was 21 inches versus the 1998/1999 to date total of 28 inches; De -icer salt used in 1997/1998 was 970 tons versus the 1998/1999 to date total of 868 tons; and overtime hours in 1997/1998 was 592 versus the 1998/1999 to date total of 844 hours. Public Works crews have been repairing pot holes and street light outages, hauling spoil, starting our annual street sign inventory and performing shop maintenance. VILLAGE OF OAK BROOK Minutes 7 of 16 February 9, 1999 to Water crews have repaired several water main breaks over the past several weeks, continue to install residential water meters and have repaired two water distribution valves. The Village received a ' check for the cable television franchise fee for the quarter ending December 31, 1998 in the amount of $3,116.36. Hopefully, the Village will receive the History channel this year. Barbara - 25 Breakenridge Farm - The Appeal of a Building Inspector Determination has been continued to the March 2, 1999 Zoning Board of Appeals meeting. E.M. Enterprises - 3821 York Road - The Flood Plain Special Use with Variation and a Certificate of Appropriateness for a parking lot constructed two feet (2) below the 100 -year flood elevation has been heard by both the Plan Commission and the Zoning Board of Appeals. Their recommendations are on tonight's agenda. Village of Oak Brook - Yorkshire Woods Subdivision - Flood Plain Special Use - 1999 Paving and Water Main Project - The Plan Commission and Zoning Board of Appeals recommendations will be on the February 23, 1999 agenda. Village of Oak Brook - Sports Core/Westchester Park Subdivision - Preliminary and Final Plat Approval - The Plan Commission will begin review at their February 15, 1999 meeting. The Zoning Board of Appeals public hearing is scheduled for March 2, 1999. Village Clerk: Clerk Gonnella - The taxi licensing process has begun for 1999. There were no challenges to the candidates' petitions filed in the Clerk's office for the Consolidated Election of April 13, 1999. The ballot placement shall read as follows: Select one for a four -year term for Village President Karen M. Bushy David H. Fichter James R. Stange Select one for a four -year term for Village Clerk Linda K. Gonnella Select three for a four -year term for Village Trustee Mack H. Shumate, Jr. John W. Craig Alfred P. Savino Timothy M. Mlsna Adam Butler Voter registration is available in the Clerk's office from 8:30 a.m. to 4:30 p.m. Monday through Friday and will close on Tuesday, March 16, 1999 for the April 13, 1999 Consolidated Election. It will reopen on Thursday, April 15, VILLAGE OF OAK BROOK Minutes 8 of 16 February 9, 1999 1999. Absentee voting will begin on Monday, March 22 through April 10, '1999 from 8:30 a.m. until 4:30 p.m. and on Saturday from 9:00 a.m. until noon in the Clerk's office. Village President:, President Bushy - Staff hopes to "pull out" a solution for communication improvements between fire stations without having to await the final report. Interviews for the newly created position of Information Services Technician are almost complete. Staff anticipates hiring within the next two weeks. Staff plans to complete any remaining Year 2000 testing, evaluation and to initiate appropriate system upgrades this quarter, for all I.S. equipment. Staff continues to meet once a week on Emergency Management and will present information on what can be done at home for the Y2K situation. January begins one of the busiest times of the year for the, Purchasing Department. Annual purchase orders are created, multiple construction projects, commodity and service contracts are specified and bid, and consulting proposals are received and negotiated. Concept design meetings continue for the Municipal Building project, which now includes Police, Fire Station #I, Engineering, Communications, Purchasing, Information Services and Emergency Management. The new carpeting and dance floor have been installed at the Bath and Tennis Club and the floor replacement is currently underway. Although the 1999 Sports Core brochure is not scheduled for mailing until the third week of this month, as of February 4, 1999 staff has received 37 memberships. The golf course was closed during January and will open, weather permitting, sometime during March. The following dates have been established for golf course activities which may be of interest to our residents. Residents having questions about any of the golf course's programs or activities should feel free to call Golf Club Manager VanDyke at 630- 990 -3032. March 1, 1999: All residents should have received an information packet from the golf course. Any resident that did not receive a mailing should call the golf course at 630 - 990 -3032 and a packet will be sent to them at once. March 8, 1999: Begin accepting memberships for the golf course. April 2, 1999: Permanent Tee Time applications are due. April 7, 1999: Permanent Tee Time drawing. April 10, 1999: Tournament programs begins. April 20, 1999: Group lessons begin. April 24, 1999: Permanent Tee Times begin. Village President Bushy attended the U.S. Conference of Mayors in Washington D.C. from January 26 to 29, 1999. Following is a synopsis of activities: Briefing for women mayors at the White House by eight (8) members of the President's policy- making staff. VILLAGE OF OAK BROOK Minutes 9 of 16 February 9, 1999 Presentation on Conflict Mediation by the Office of Juvenile Justice and Delinquency Prevention, United States Department of Justice. Community Violence discussion. Gun Violence Task Force. Mayors and the Business Community Task Force. Preparing for the Year 2000 Census, Department of Commerce. There was a debate on the issue of sampling and how the communities can be sure of an accurate count. Presentations by: DeeDee Coradini, Mayor of Salt Lake City Felix Rohatyn, United States Ambassador to France William Daley, Secretary of Commerce Vincent Cianci, Mayor of Providence, RI Mario Primicerio, Mayor of Florence, Italy William McDonough, President of the Federal Reserve Bank of New York on the subject of cities and the Global Economy. Y2K - John Koskinen, Chair of the President's Council on the subject. Rebuild America - Ed Rendell, Mayor of Philadelphia. Community Development and Housing Committee (deals with emergency management). Mayor Daley hosted a breakfast for the Illinois Mayors and the two senators. Tipper Gore on the Physical Fitness Council. Janet Reno, Attorney General. David Satcher, M.D., United States Surgeon General. Thomas Curley, Publisher of USA Today. William Ivey, National Endowment for the Arts. Mayor Richard Daley, Marc Morial, New Orleans, and Ed Rendell, Philadelphia, on Gun Violence Prevention. Andrew Cuomo, Secretary of HUD. Taped a commercial for the Mayors Crusade Against Breast Cancer. Mayors Arts Gala - Dinner honoring Senator Kennedy, etc. Breakfast at the White House. Major Address by the President. Alexis Herman, Secretary of Labor. Trent Lott, United States Senate Majority Leader. Tim Russert, NBC News, on Keeping the Promise in America's Cities (children's issues). Hillary Rodham Clinton on celebrating the Millennium. VILLAGE OF OAK BROOK Minutes 10 of 16 February 9, 1999 9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): A RECOMMENDATION - E.M. ENTERPRISES - 3821 YORK ROAD (SAV -WAY LIQUORS) FLOOD PLAIN SPECIAL USE WITH VARIATION - PARKING LOT: The Plan Commission and Zoning Board of Appeals have concluded their series of hearings regarding Office Park of Hinsdale's proposal for a 53 -space parking lot at the east end of the property at 3821 York Road at the rear of the Sav -Way Liquor Store building. The Plan Commission has recommended approval of the Flood Plain Special Use and the Certificate of Appropriateness and the Zoning Board of Appeals has recommended approval of the Flood Plain Special Use and the Variation to the DuPage County Countywide Flood Plain and Stormwater Ordinance. The was no testimony for or against the proposal. Following are several key elements that were developed during the hearing process that became the basis for the Plan Commission and Zoning Board of Appeals decisions: • This parking.lot will be temporary. It will be replaced by a larger parking structure within a 10 -year time frame. • Due to the Salt Creek riverine flood plain characteristics, it is expected that flooding of the parking lot will only occur after near 100 -year storm events affecting the Salt Creek watershed as a whole and that there will be considerable warning lead time before creek levels rise enough to flood the lot. • There will be no access directly from York Road through the liquor store parking lot. All access will be from Hinsdale via Elm Street and the existing parking lot. • While the County Stormwater Management Committee objected to the variation, the suggested restrictions regarding the 10 -year usage, no overnight parking, and the ability to close off the lot addressed their concerns. Following is a summary of the conditions suggested: Plan Commission and Zoning Board of Appeals conditions regarding the Flood Plain Special Use and Variation: VILLAGE OF OAK BROOK Minutes wm 11 of 16 February 9, 1999 E.M.ENTERPRISES - (SAV -WAY LIQUORS; FLOOD PLAIN SPECIAL USE WITH VARIATION - PARKING LOT (3821 York Road) 1 A 10 -year sunset provision be imposed. At such time the lot is to be removed and the area restored to its original state. 2) No overnight parking to be permitted. 3) Lot is to be closed with a chain or gate in the event of flooding. 4) Signs are to be posted. 5) Final Engineering approval. Trustee Savino recommended including: 6) Sunset provision that construction must begin in one year or all of the construction expires. Plan Commission Certificate of Appropriateness conditions: 1) Additional evergreen plantings to be added to the perimeter screening. 2) Final Engineering approval of the parking area geometrics. Trustee Shumate indicated that the variance would set a precedent and it is in violation of the DuPage Stormwater Ordinance, as it would allow for considerable development of parking lots subject to flood damage within the flood plain. Trustee Bartecki voiced his opposition to the Special Use Permit and Variance due to its complexity and low depth of the property. Trustee McInerney concurred with their comments. Motion by Trustee Savino, seconded by Trustee Bartecki, to deny the requested Flood Plain Special Use, Variation and Certificate of Appropriateness based on the concern of the flood hazard as well as the precedent- setting nature of the request. VOICE VOTE: Motion carried. B. AGREEMENT FOR USE OF VILLAGE RIGHT -OF -WAY TO AGREEMENT FOR USE LOCATE RADIO EQUIPMENT - METRICOM, INC.: OF RIGHT -OF -WAY Ti LOCATE RADIO Metricom, Inc. has approached virtually all municipalities in EQUIPMENT - northeastern Illinois seeking agreements to allow the placement of METRICOM, INC. radio equipment on streetlights and utility poles located in the public rights -of -way. At this time there are no municipally owned streetlights in Oak Brook which Metricom intends to use, but the company does wish an agreement with the Village authorizing entry onto' public rights -of -way to place radio equipment on Commonwealth Edison and Ameritech -owned poles. The agreement is based on a model developed by the Northwest Municipal VILLAGE OF OAK BROOK Minutes 12 of 16 February 9, 1999 1Z Conference. Many, if not most of the metropolitan communities, have signed similar agreements. Under the infrastructure maintenance fee ordinance passed by the Village, and under State law, telecommunications providers who pay the municipal infrastructure maintenance fee are entitled to maintain a presence in the public right -of -way without the payment of additional fees or franchise agreements. However, the right to a presence in the public right -of -way does not include the right to attach equipment to proprietary municipal facilities that may have been installed in the right -of -way or the right to enter into the public way and attach equipment to facilities owned by other utilities. The Village may require Metricom to relocate it radios for a number of reasons, -such as. undergrounding or elimination. of facilities, abandonment, construction, repair or replacement of municipal facilities, or for other reasons. If Metricom fails to remove the radio within 30 days, the Village may do so at Metricom's -expense. Subsections 5.1 and 5.2 of the agreement allow relocation at Metricom's option, and also make Metricom responsible for repair and restoration of any alteration of damage to the right -of -way or public property. Patricia Bernhard, a Metricom representative, explained to the Village Board the concept of their radio- transmitter boxes. The transmitters will allow people with laptop computers to connect to online services such as e-mail and the World Wide Web, and to their office without plugging into a phone jack. Village Manager Veitch explained that under State and federal law, telecommunications providers who pay the municipal maintenance fee have a right to place their equipment in public rights -of -way without municipal consent. Metricom has to receive permission from Ameritech and Commonwealth Edison to place the boxes on their utility poles. However, Metricom also wanted an agreement with the Village. ` Motion by Trustee Bartecki, seconded by Trustee McInerney, to place this item on the Active Agenda of the Village Board meeting of February 23, 1999. VOICE VOTE: Motion carried. C. REQUEST FOR TIME EXTENSION - MAYSLAKE LANDMARK CONSERVANCY - (1717 OAK BROOK ROAD SPECIAL USE ORDINANCE S -841: The Village has received a request from Mayslake Landmark Conservancy for another one year time extension of the deadline for VILLAGE OF OAK BROOK Minutes 13 of 16 February 9, 1999 Z6 MAYSLAKE LANDMARF CONSERVANCY - TIME EXTENSION (1717 Oak Brook Road) obtaining of a Certificate of Occupancy that was imposed by their Special Use Ordinance S -841 and amended by Ordinance S -893. Special Use Ordin ance S -841 applies to the Peabody Mansion and related structures on the Mayslake Forest Preserve District property. This Ordinance was approved at the Village Board meeting of February 13, 1996. In January of last year the Village Board approved Ordinance S -893 which extended the deadline from February 13, 1998 to February 13, 1999. This action was in part based on the progress that had been made, both organizationally and financially, toward putting the Historic Peabody Mansion back into use. David Fichter, President of the Mayslake Landmark Conservancy, addressed the Village Board of the renovation to the structure for its ADA compliance requirements and the Village's code of sprinkling and emergency egress for the building. Motion by Trustee Savino, seconded by Trustee Shumate, to grant the requested time extension of one -year to the Mayslake Landmark Conservancy and direct the Village Attorney to draft the necessary ordinance for action at the Regular meeting of February 23, 1999. VOICE VOTE: Motion carried. 10. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: During the review of the 1999 -2003 Five -Year Financial Plan and the 1999 budget, the Board observed that although the Village's long - standing policy has been to fund capital expenditures from cash on hand, it might be prudent to consider bond financing in the very favorable interest rate environment that is available to municipal issuers at the present time. The narrative presentation on the General Corporate Fund in the 1999 -2003 Five -Year Financial Plan makes specific reference to this opportunity. In December, the Village retained R.V.Norene & Associates, Inc. to prepare a report on Oak Brook's financing opportunities. That report, accompanied by some pro -forma illustrations based on the 1999 -2003 Five -Year Financial Plan , was presented and reviewed at the Board's Committee -of- the -Whole meeting on February 8, 1999. The discussion revolved around the opportunity to take advantage of the current market, and the Village's excellent financial condition, to issue alternate revenue source bonds to finance a substantial part of the two major building projects reflected in the Plan - the Library and the Municipal Building - thereby preserving the Village's cash reserves. VILLAGE OF OAK BROOK Minutes , ?1�17 14 of 16 February 9, 1999 CAPITAL PROJECT FINANCING As discussed in detail at the Committee -of -the -Whole meeting of February 8, 1999, alternate revenue source bonds are general obligation bonds that can be .authorized by non -home rule municipalities, subject to a "backdoor referendum" procedure where, in addition to the normal pledge of property taxes, the issuer pledges an alternative non - property tax revenue source to pay the principle and interest on the bonds. The issuer covenants to the bondholders that it will collect and apply the alternate source revenue to payment of the bonds. It coincidentally pledges to its taxpayers that it will abate the debt service property tax levy prior to extension for collection, and service the debt from the alternate source. - It was the consensus of the Board to begin the initial steps toward authorizing an alternate revenue source bond issue. Although not finally determined, the sense of the Board was to consider an authorization ordinance for $10 million in bonds, and an initial issue of $5 million. The ` second issue, if sold at all, would be sold at a later date. Trustee McInerney reviewed the discussion that occurred at the Committee -of- the -Whole meeting on February 8, 1999 where upon the Village has the opportunity to take advantage of the current favorable interest rate environment to finance a part of our capital program and thereby retain larger cash reserves to gird against fluctuations or erosion in sales tax revenue. The Village has an opportunity now with interest rates at a 20 -year low. Another reason is that capital projects, such as construction of the new Library and expansion of the municipal building, are being paid from the General Corporate Fund where the Village could retain larger cash reserve to guard against fluctuations or erosion in our sales tax revenue. He pointed to the sales over the Internet and the Village's inability to tax those sales. It is uncertain how much revenue the Village would lose on these types of transactions. If the Village sells bonds, it could initially float $5 million in alternate revenue source bonds. After a six - month review, the Board may decide if another $5 million will be placed in public auction. Village Manager Veitch commented that although Oak Brook has no authorization to levy property tax, alternate revenue bonds automatically trigger a property tax levy every year during the life of the bonds. The Village Board would need to abate that levy annually to prevent property owners from paying a property tax. Trustee Shumate spoke of a concern that the Village may not watch the budget as closely if it knows that it has the ability to borrow. Future Boards may choose not to abate that tax levy. Borrow only if alternative funding is inadequate and if proposed capital projects are, in fact, approved by the Board. Borrowing at highest historical rates would double the interest rate or raise the tax on $5 million from a mean of $33 to approximately $66. VILLAGE OF OAK BROOK Minutes 15 of 16 February 9, 1999 16 Residents could request a referendum on the bond issue if ten (10) percent of the registered voters in the Village sign a petition opposing the issue and present it to the Village Board within thirty (30) days of the publication of an authorizing ordinance. Motion by Trustee McInerney, seconded by Trustee Bartecki, to authorize staff to negotiate an agreement for financial advisory services with R.V.Norene & Associates, Inc. and authorize staff to obtain proposals from qualified law firms for services of bond counsel; both in connection with possible issuance of alternate revenue source general obligation bonds to finance a portion of the Village's capital improvement program. VOICE VOTE: Motion carried with Trustee Shumate voting nay. 11. ADJOURNMENT: Motion by Trustee Bartecki, seconded by Trustee Savino, to adjourn the meeting at 9:43 p.m. VOICE VOTE: Motion carried. ATTEST: inda "nnefla.MC / AAE Village Clerk bot02999 VILLAGE OF OAK BROOK Minutes ZC 16 of 16 February 9, 1999 ADJOURNMENT