Minutes - 03/12/1991 - Board of Trustees (2)V� 0TP
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MINUTES OF THE REGULAR MEETING OF THE PRESDENT' � HEW.
OF TRUSTEES
OF THE VILLAGE OF OAK BR�GO , ILLINOIS
MARCH 12, 1991
I. PUBLIC HEARING,- PROPOSED AfflZ TIDN OF TERRITORY:
President Cerne called a Public Nearing at 7:58 p.m. regarding the
Proposed Annexation of Territory of the village of Oak Brook. It was
noted that the Notice of this Public Dearing was published in the Oak
Brook DOINGS on February 23, 1991 as required �� raeq�esteds�sntponeement
stated the Illinois State Toll Highway Trustee
of the hearing to the next Regular Meeting of March 26, 1991.
Winters moved, seconded by Trustee Rush to continue the requested Public
Hearing of the Proposed Annexation of Territory to the Regular Meeting of
March 26, 1991. Voice Vote: all ayes, no nays. Notion carried. A
motion was made to adjourn the Public Hearing at 5:02 p.m. by Trustee
Bushy, seconded by 'Trustee Rush. Voice Vote: all ayes, no nays. Motion
carried.
The Regular Meeting of the Board of Trustees was called to order by President
Cerne in the Samuel E. Dean Board Rocco of the Village Commons at 8:03 p.m.
PLEDGE TO THE FLAG
II. APPROVAL OF MINUTES:
Trustee Maher moved, seconded by Trustee Winters to approve the Minutes
of the Regular Meeting of February 26, 1991 as presented and waive the
full reading thereof. Voice Vote: all ayes, no nays. Lotion carried.
III. ORDINANCES AND RESOLUTIONS:
A. ORDINANCE N=O. G -462 AN ORDINANCE AMENDING SECTION-2-23 OF THE CODE
OF ORDINANCES OF THE VUAAGE OF<OAK BROOK ILLINOIS AND AMENDING THE
NUMBER F AUTHORIZED P12UOR LICEN. :
Direction given at the Regular Meeting of February 26, 1991.
See V. C.
B. ORDINANCE NO. S -710 AN ORDINANCE GRAINING FRONT AND SIDE YARD
VARIATIONS FROM THE PROVISIONS OF LL
THE ZONING ORDINANCE OF THE VIAGE
OF OAK BROOK ( 2425 22nd Street. - gafarl :
Direction given at the Regular Meeting of February 26, 1991.
Trustee Winters moved, seconded by Trustee Rush to pass Ordinance No.
S -710 as presented and waive the full reading thereof. Roll Call
vote:
Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Ce:: ne
Nays: 0 -None
Absent: 0 -None
Motion Carried.
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C. RESOLUTION NO. R -921 A RESOLUTION FOR MAINTENANCE OF STREETS AND
HIGHWAYS BY MUNICIPALI7Y' "UNDER THE ILLINOIS HIGHWAY CODE -- (1991 MIT
Maintenance nditures):
Trustee Rush moved, seconded by Bartecki staff
to advertise for bid proposals for the l
be received on Tuesday, April 2, 1991 at 10:00 a.m. in the Board
Roan of the Village Commons. Voice vote: all ayes, no nays.
Motion carried.
The Resolution for Maintenance of Streets and Highways by
Municipality Under the Illinois Highway Code and Municipal Estimate
of Maintenance Costs are documents required by IDOT for MFT funding.
The resolution appropriates the sun of $205,295.00 for calendar year
1991.
Trustee Rush moved, seconded by Trustee Bartecki to pass Resolution
No. R -521 for maintenance of Streets and Highways by Municipality
Under the Illinois Highway Code as presented and waive the full
reading thereof. Roll Call Note:
Ayes: 7- Trustees Barteckiv Bushy, Maher, Payovich, Rush, Minters
and President Cerne
Nays: 0 -None
Absent: 0 -None
Notion Carried.
IV. FINANCIAL:
A. PUO_Uts:
1. DuPgge Water Camuission - payout #26 - Fixed:
Trustee Rush moved, seconded by Trustee Bushy to authorize
payment of Payout #26 to the DuPage Water Commission for the
Village's portion of the total commission's fixed cost
requirement for the month of February in the total amount of
$74,791.83. Roll Call vote:
Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush,
Fainters and President Cerne
Nays: 0 -None
Absent: 0 -None
Motion Carried.
2. Pi.tonieter Associates, Inc. - Payout #2 & Final -
n,,.. -Ir Too- 1-Ac!e )(Odel & Stud.Y - deter Ser
Trustee Rush moved, seconded by Trustee Bushy to authorize
payment of Payout #2 & Final to Pitometer Associates, Inc. for
engineering services of the Computer model Study of the Oak
Brook /Oakbrook Terrace combined water services areas in the
total amount of $780.00 Roll Call Vote:
Ayes: 7- Trustees Bartecki, Bushy, Daher, Payovich, Rush,
Winters and President Cerne
Nays: 0 -None
Absent: 0 -Done
notion Carried.
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3. Christopher B. Burke gMineering, Ltd. - Payout #15 _& Final �
Lower Salt Creek Study-
Trustee Payovich moved, seconded by Trustee Bushy to authorize
payment of Payout #15 & Final to Christopher B. Burke
Engineering, Ltd. for preliminary eng - .nearing analysis for the
stormwater management planning of Irtwer Salt Creek from
Roosevelt Road to the Tri-State Tollway its the total amount of
$590..23. Roll Call vote:
Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush,
Winters and President Cerne
Nays: 0-done
.Absent: 0 -None
,Notion Carried.
4. Harza Environmental Services, Inc.._- Payout #11 _,Reservoir B
Construction (2710 Meyers Road ):
Trustee Rush moved, seconded by Trustee Bushy to authorize
payment of Payout #11 to Harza Environmental Services, Inc. for
professional engineering services of Reservoir B construction in
the total amount of $10,132.25. Roll Call Vote:
Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush,
Winters and President Cerne
Nays: Q -None
Absent: O- !None
Motion Carried.
5. Lv ne Western gqMpU, Inc. - Pa out #1 & Final - Well #2
Re alts:
Trustee Rush moved, seconded by Trustee Payovich to authorize
payment of Payout ##1 & Final to Layne Western Company, ,Inc. to
mobilize, pull, televise and inspect the pump for Well No. 2 in
the total amount of $76,031.39 subject to approval of waivers by
the Village Attorney. Roll Call Vote:
Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush,
Winters and President Cerne
Nays: 0 -None
Absent; 0 -None
Motion Carried.
6. Frank H. Stowell & Sons - Payout #1 - East Side Pavers:
Trustee Rush moved, seconded by Trustee Bartecki to authorize
payment of Payout #1 to Frank H. Stowell & Sons for the water
proofing, landscaping and reconstruction of the Village Fall
east side entrance in the total amount of $52,438.00 subject to
approval of waivers by the Village Attorney. Roll Call Vote:
Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush,
Winters and President Cerne
Nays: 0 -None
Absent: 0-None
Motion Curried.
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Payout #16 -_Construction
7. Hdrza Environmental Services. Inc. .
_ins ection - Pressure AMustIRS Stations _(1915 York Road & 35ti
RtrEaat /Route 83) :
Trustee Rush moved, seconded by Tr�� ®n�me�ata�lvS��a�a'.ces�, tZnc�Zfor
payment of payout # 16 to Harza En
construction inspection services of the Pressure Adjusting
Stations project in the total amount of $1,615.00. Roll Call
Vote: shy.. Payovich, Rush,
Ayes: 7- Trustees Bartecki, Bu
Winters and President Cerne
Nays: 0 -None
Absent: 0 -bone
Motion Carried.
8. Crawford NuEehy & TillY, Inc. - Pa out #4 - 9CS Rehabilitation
(16th Street & ring)-,
Trustee Rush moved, seconded by Trustee Payovich to authorize
payment of Payout #4 to Crawford, Murphy & Tilly, Inc. for
professional design services for the overlay and rehabilitation
of Spring Road and 16th Street in the total amount of
$16,639.80. Roll Call Vote
Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush,
Winters and President Cerne
Nabs: 0 -none
Absent: 0 -None
Motion Carried.
9. Marino Construction - Pa out #14 - Reservoir B
Construction (2710 Meyers Road)_:
Trustee Rush moved, seconded by Trustee Bushy to table the
approval of Payout #14 to Marino Construction Ccapany, Inc. in
the total amount of $136,677.74 for construction of Reservoir B
and all appurtenant items due to the improper application of
waivers submitted. voice Vote: all ayes, no nays. Motion
carried.
10. Marino Construction g - Change Order #10 &Reservoir_B -
.717,0 I�ieYers_ R_ :
Trustee Rush moved, seconded by Trustee Bushy to approve Change
Order #10 which increased the contract amount by $6,785.00 with
no additional time extension. Roll Call Vote:
Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush,
Winters and President Cerne
Nays: 0 -None
Absent: 0 -None
Motion Carried.
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11. Marino Construction goo M an Telemetry i nt Change Order
(Reservoir B - 2710 Meyers Roma:
Trustee Rush moved, seconded by Trustee Bartecki to ratify the
fol? owing two changes for the control and telemetry system of
the Reservoir B project:
1. Add $4,204 to provide a switch to allow chlorination
switch -over between Reservoir fill piping or to pump
suction pipings and
2. Add $1,128 for a set -point controller �OCL� Valve). Roll
call Vote:
Ayes: 7- Trustees Bartecki, Bushy, Wisher, Payovich, Rush,
Minters and President Cerne
Nays: 0-None
Absent: 0 -stone
Motion Carried.
B. Approval of ills-
Voucher r List of Bills Presented for Approval March 12, 1991 to
reflect payment from the following funds:
General Corporate Fund $312,782.07
Capital Projects Fund 134.00
Motor Fuel Tax Fund 22,616.81
Water Fund 429,596.18
Sports Core Fund 22,650.36
Trustee Bartecki moved, seconded by Trustee Kush to approve Voucher
List of Bills in the total amount subject to reduction of
$136,677.74 from Marino Construction Coupany due to improper waivers
submitted and authorize the Village President to affix his signature
thereon.
Txiistee Minters abstained from voting on the bills from Illinois
Bell and the College of DuPage due to eWloyment by same.
Trustee Rush abstained from voting on the bills from the College of
Dupage due to employment by same. Roll Call Vote:
Ayes: 7- Trustees Bartecki, Bush,
.1, Maher, Payovich, Rush, Winters
and President Cerne
Nays: 0 -None
Absent: 0 -None
Abstain: 2- Trustees Rush and Winters as noted above
Motion carried.
C. Inv. , e_,,,, stme,all:
Trustee Bartecki moved, seconded by Trustee Bushy to ratify the
investment of one federally secured Certificate of Deposit in the
amount of $372,830.61 to mature at Standard Federal Bank on May 28,
1991 at a rate of 6.5%. Roll Call Vote:
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Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne
Nays: 0 -tone
Absent: 0 -None
Motion carried.
V. UNFINISHED S :
A. &eMest for Time Extension - And. 's Steakhouse - Parking Variations:
Tabled from February 12, 1991 Regular Meeting to allow time for
applicant to analyze site plans in order to provide adequate
stormwater storage on site.
Trustee hinters moved, seconded by Trustee Bartecki to grant an
extension of time to July 1, 1991 until the property is in full
compliance of the parking area requirements and to work with the
Village Engineer to provide as much stormwater detention area as
feasible, maintaining a 9 -inch maximum depth. Voice Note: all
ayes, no nays. Motion carried.
B. R est for Reconsideration - Petska - Side hard Variation (55
Meadowoodj:
Application for Variation denied at the Regular meeting of February
26, 1991. Request for reconsideration must be made at the next
Regular Meeting of March 12, 1991.
Trustee Rush moved, seconded by Trustee Winters to reconsider the
requested Side Yard Variation. Voice Vote: all ayes, no nays.
Motion carried.
Trustee Rush moved, seconded by Trustee Winters to direct the
Village Attorney to prepare the necessary documentation to provide
for a Side Yard Variation that would allow a 5-foot encroachment
into the 12 -foot northerly side yard for a proposed 2 -car garage..
Roll call Vote:
Ayes: 5- Trustees Daher, Payovich, Rush, Winters and President
Cerne
Nays: 2- Trustees Bartecki and Bushy
Absent: 0 -None
Motion carried.
C. Liquor License Requests:
Direction given at the Regular Meeting of February 26, 1991.
Trustee Bushy Moved, seconded by Trustee Rush to pass Ordinance No.
G -462 An Ordinance Amending Section 3 -23 of the Code of Ordinances
of the Village of Oak Brook, Illinois and Amending the Number of
Authorized Liquor Licenses. Roll call Vote:
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Ayes: 7- Trustees Bartecki, Bushy, Daher, Payovich, Rush, Minters
and President Cerne
Nays: 0 -gone
Absent: 0 -None
Motion carried.
Trustee Winters moved, seconded by Trustee Rush to concur with the
Local Liquor Cmaissioner and authorize the issuance of A -1 liquor
licenses to Nordstromis, California Pizza Kitchen and Sidd Finches
Bar & Grille conditional upon payment of all appropriate licensing
fees, evidence of required insurance, and proof of their
possessionary interests as well as their rights to occupy the
premises by virtue of a Certificate of occupancy issued by the
Building Department, compliance of 3.5 to 1 dining to bar ratio,
menu food served at bar tables and required deletion of Bar & Grille
from Sidd Finch's. Voice Vote: all ayes, no nays. Motion carried.
D. Discussion of Dra,inNe inve�ntorX 1991:
Lot 18 - Yorkshire Woods: Consensus by Board to replace 12 -inch
pipe with a larger pipe to Salt Creek (Alternate #4) at an
approximate cost of $40,000-00.
President Cerne stated he objects to using public funds for private
property improvements.
Forest Glen - Lots 107, 108, 109, 110: Trustee Rush stated
landscape grades were not set properly and it is the responsibility
of the property owner.
Village Engineer Durfey will review, as one of the proprty owners
stated the grading was required to receive an occupancy permit.
3608 Madison Street: Trustee Rush and Village Engineer Durfey
recommended the construction of the ditch further north where the
lack of a ditch is affecting the ropd.
President Cerne stated special assessments should be required for
most of the drainage improvements
President Cerne requested legal opinion from Village Attorney
Brechi.n if the Village has the legal right to correct drainage areas
and assess a, private property owner for non- conforming culverts
causing impediment of flow of water.
Lot 9 Hunt Club Drive: Villager. The property owner
fge
if the Sanitary District installed the sewe
stated the improper drainage was caused by the installation of the
sanitary sewer and correction is required by same.
VILLAGE of OAK BROOK 'Minutes -7- March 12, 1991
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VILLAGE OF OAK BROOK IWtes
March 12, 1991
Luthin Roadlyork Road-- 3610 York Road:
Trustee Rush stated ditch needs to be regraded and pitched properly.
The Board did not want this to be corrected by the Village.
Lot. 321 - 7 Kimberly Circle: Drainage problem can and should be
corrected by property owner.
Lot 89 35 'indsor I?r�J-ye: Consensus to request Village Engineer
Durfey to :z with Staff to find a solution to 35 Windsor (Y ork
Woods) and _1 sewer line to
find why flow is restricted.
Lot 85 - 235 Timber Trail Drive: Trustee Rush stated area is flat
causing ponding and solvable by property owner.
Lots 81182 - 7 Baybrook Court: Consensus for Village to recut swale
and driveway, repair hole In serer line and include expense in
Drainage Inventory budget.
North Side 35th Street - Cass Court to Saddle Brook Drive: The
Board agreed to include this in the Drainagia budget.
Lot 170 - 15 Sheffield. Lane: Consensus of the Board to ask resident
to call Village when a problem arises, as Staff was unable to find
any problem area.
E. Agreements - Polo and Stabling Tract:
F.
After considerable discussion, Village Attorney Brechin recommended
an Executive fission by the Village Boartincurred by litigation of
the bleachers, rent and any other expenses
Polo Club.
Trustee Maher moved, seconded b1 Trustee Rush to approve an
,Agreement with noted corrections between the Village of Oak Brook
and the Polo and Equestrian club of Oak Brook, Ltd. For Use of
Certain Portions of the Sports Core and approve the Agreement with
noted corrections between the Village of Oak Brook and the Polo and
Equestrian Club of Oak Brook for Use of the Village's Stabling Area
and waive reading. Roll Call Vote:
Ayes: 7- Trustees Bartecki, Bushy, Daher, Payovich, Rush, Winters
and President Cerne
Nays: O -None
Absent: 0 -None
Motion carried.
Security:
2nd
Trustee Winters moved, seconded by Trustee Maher to approve the
reduction of Strict joiPt Order Es'Zrow Rio. 1104574 from Chicago
Title & Trust Company by the amount of $210,617.36. Voice Vo$e:
all ayes, no nays. Notion carried.
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G. Report of Activities:
1. Finance & Library: Trustee Bartecki - No report.
2. Public Safety: Trustee Bushy - The Mobile Data Terminals have
now been installed in the Police squad cars. Within one hour of
installation, police apprehended an individual on a warrant due
to the new equipment.
3. Public Works & Personnel: Trustee Rush -- No report.
4. Sport, Core: Trustee Maher - No report.
5. Stormwater Management: Trustee Payovich - No report.
6. Boning & Planning: Trustee Winters - No report.
VI. NEW BUSINESS:
A. Appointments:
Trustee Bushy moved, seconded by Trustee Maher to concur with the
recommendation of President Cerne and appoint Gerald A. Vetterick as
a member of the Police Pension Board, term to expire May 31, 1993.
Voice Vote: all ayes, no nays. notion carried.
Trustee Rush ;coved, seconded by Trustee Maher to concur with the
recommendation of President Cerne and appoint Dr. Raymond White to
the Boning Board of Appeals, term to expire November 30, 1993.
Voice Vote: all ayes, no nays. Motion carried.
Trustee Bushy moved, seconded by Trustee Winters to concur with the
recommendation of President Cerne and appoint the following to the
Oak Brook Hotel, Convention and Visitors Committee, terms expiring
February 28, 1992: Mr. Ralph E. Maxsoa, Mr. David Kong, Mr. Paul
Ruby, Mr. Keith Schaffner and Ms. Christine Rosenbach. Voice Vote:
all ayes, no nays. Motion carried.
B. Recommendation - Illinois State Toll HiQhwaX Authority - BonlM
Request (West of Meyers Road, North & South of I -88):
e
Postponed to the Regular meeting of March 26, 1991 as requested by
letter dated March 11, 1991 from the Illinois State Toll Highway
Authority.
C. Bid Authorization - 1991 Crack Sealing Program (Madison Street,
Robin Hood Ranch, Ginger Creek Subdivision Old Oak Brook
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Subdivision, Avenue Loire, Saddle Brook Subdivision):
I a L
See III.C.
D. R2Mest for Authorization to Purchase AutoCAD E nt:
Trustee Rush moved, seconded by Trustee Bushy to approve a purchase
TILLAGE OF OAK BROOK Minutes -9- March 12, 1991
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VILLAGE OF OAX BROOK Nw9bates w10- March 12, 1991
order in the amount of $17,850.00 plus shipping to Corporate
Development Associates, Inc. for an AutoCAD work station, hardware
and software and waive competitive bidding due to the specialized
nature of the equipment. Roll Call Vote:
Ayes: 7- Trustees Bartecki, Bushy, Maher, Payovich, Rush, minters
and President Cerne
Nays: 0 -None
Absent: 0 -None
Motion carried.
E. Bid Authorization - 1991 mater Main Extension Projects - Pro ect No.
91 -1202 Lochinvar Lane hater Main Be lacement York Road fines
Court to §Er Road fit-, ension), East-West Tollia2 (Harvard street
to Lexington Street Extensioa)):
Trustee Rush moved, seconded by Trustee Bushy to:
1. Grant approval to advertise for bids for the stated projects to
be received on Tuesday, April 2, 1991 at 11:00 a.m.,
2. Request the Toll Highway Authority to waive the $500.00 annual
occupancy fee and the requirement of a Permit Bond and
substitute with an Intergovernmental Agreement stating the
particular terms pertaining to a Permit Bond; and
3. Grant approval to submit to the Toll Highway Authority the
Application for a Permit subject to the teams and conditions
contained in the foregoing Item No. 2. Voice Vote: all ayes,
no nays. Notion carried.
F. Request for Authorization to Hire Auditors for Meting 1990191
Audit:
Trustee Bartecki moved, seconded by Trustee Payovich to accept the
proposal for Audit Services for FY 90 -91 from FriedMIU-1, Ei.senstein,
Raemer & Schwartz. Voice Vote: all ayes, no nays. motion carried.
VII. ADJOURNMEM
Trustee Bushy moved, seconded by Trustee Rush to recess at 12:05 a.m. to
Executive Session to discuss prospective litigation.. Roll call dote:
A les: 7- Trustees Bartecki, Bushy, der, Payovich, Rush., Winters and
President Cerne
Nays: 0 -None
Absent: 0 -Atone
Motion carried.
The meeting reconvened at 12:18 a.m.
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VILLAGE OF OAK BROOK tes -11° March 12, 1991
Trustee Winters moved, seconded by Trustee Payovich to adjourn this
meeting at 12:19 a.m. Voice Vote: all ayes, no nays. Lotion carried.
ATTEST:
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Lindfi K. Gonnella
Village Clerk
Approved
asbtum312(jr)
VILLAM OF OAK NOOK Kinutfax -11- March 12, 1991