Minutes - 03/26/1996 - Board of Trustees.-
^ *, �S.,la _ 1' ��2;�» � -ears •^�,- y- �°r;�e,,;v,.��.r{ ��F, �;:�` `'I >;a�
VILLAGE OF OAK BROOD Minutes MA I?Q1, 26,1996
UNOFFICIAL UNTIL APPROVED AS WRITTEN L//
OR S AMENDED BY VILLAGE BOARD ON
1. E�j ET INQ CALL:
The Regular Meeting of the Board of Trustees was called to or _'er by President
Bushy in the Samuel E. Dean Board Room of the Village Comn�cns at 7:32
p.m. Pledge of Allegiance was given.
..
Assistant to Village Manager Crotty called the roll with the following persons
PRESENT: President Bushy, Trustees Bartecki, McInerney, Payovich and
Savino.
Trustee Denny arrived at 7:39 p.m.
ABSENT: Trustee Shumate.
IN ATTENDANCE: Michael A. Crotty, Assistant to the Village Manager;
Tom Hawk, Director of Code Enforcement; Darrell J. Lang! -Nis, Finance
Officer/Treasurer; Richard A. Martens, Village Attorney; Robert Nielsen, Fire
Chief/Building Commissioner; Trey VanDyke, Golf Club Manager; and
Debbie Murphy, Purchasing Clerk.
00 M .J _.._ ._.
President Bushy announced she has been nominated to serve as the Vice
President of the DuPage Mayors and Managers Conference for 1996 -97, and
Mayor James Addington, Westmont, has been nominated for President. Their
election is scheduled for April 17, 1996. DuPage Mayors and Managers is the
major lobbying organization for the thirty -three municipalities in DuPage
County in Springfield. President Bushy will be responsible for their meeting
programs.
President Bushy announced the Village received a letter from DuPage County
Administrator Don Zeilenga explaining the alternate bid plans and construction
schedule of the York Road bridge project. Alternate A: The low bidder for
the original alternate (York Road closed to all traffic) was Abari Constriction,
Inc. with a low bid of $1,666,666.66. The original alternate specifies that the
bridge will be completed by October 1, 1996. The contractor will receive a
$3,000 per day incentive, up to a maximum of $90,000 for each day the bridge
is completed prior to October 1. The contractor will incur a $3,000 per day
penalty for every day the bridge remains closed after October 1. Under this
option, ,Abari Construction, Inc. would probably have the bridge closed during
the projected April 22 to either September 1 or October 1 which would be 4-
VILLAGE (V OAK BROOK Minutes
rn
1 of 12 March 264 1996
MEETING CALL
ROLL CALL
ANNOUNCEMENTS
AND
a
OPEN FORUM
n ti * 7--
1/4 to 5-1/2 calendar months. Allgrnate B: The low bidder for the alternate
design (one lane open for northbound traffic only) was Herlihy Mid- Continent
Company at a cost of $1,767,079.74. The specified completion date for the
alternate design is November 1, 1996. The same $3,000 per day incentive, up
to a maximum of $90,000 for each day the bridge is completed prior to
November 1 and $3,000 per day disincentive for every day after November 1,
in which the bridge is not completed is also a part of this contract. Under this
option Herlihy Mid- Continent Company would keep one lane open for the
entire 5-1/2 to 6-1/2 montkes construction. (The construction period for this
option is a little longer.) Upon review, County Administrator Zeilenga
rer.ommends that Herlihy Mid - Continent (Alternate B) be selected primarily
because for about $101,000 more there will be least one lane of traffic open
in the area during the construction of the new bridge. President Bushy asked
which alternate plan the Village Board would desire, as the County has
requested the Village's input on this issue. Comments should be forwarded to
her, as the CourAy will be proceeding with this project.
211111 M 1921t[
Motion by Trustee McInerney, seconded by Trustee Savino, to approve the
minutes of the Regular Meeting of March 12, 1996 as presented and waive the
full reading thereof. VOICE VOTE: Motion carried.
Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the
Omnibus Agenda. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Payovich and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried. APPROVAL OF
A. APPROVAL OF BILLS: Approved Omnibus Vote.
B. ITROVAL OF PAYEOLL: Approved Omnibus Vote.
ANNINKNIVEWWWO J1001
• Welle
,1
•� rr �� ,•
im M. - as*p*
my I
VILLAGE' OF OAK BROOK Minutes 2 of 12 Maivit 26, 1996
BILLS -
$297,866.88
PAYROLL -
$285,511.15(gross)
PAYOUTS:
INFORMATION
TECHNOLOGY
YORK /HAUGRR
BIKE TRAIL.
0 0
F.
G.
H.
L 1996 PAVEMENT RE,=ENATION: Approved Omnibus Vote.
1�6�41 "S
I'l III III, Lim 11 t
URBAN RETAIL
PROPERTIES, INC.- -
OAKBROOK CENTER -
TEXT AMENDMENT &
SPECIAL USE
1996 PAVEMENT
REJUVENATION
GOLF COURSE
UTILITY VEHICLES
TREASURER'S REPORT
FEB., 1996
$ 1EWAL QE-DU- PACE CLULDREN'S CENIER AGREEMENT: DU PAGE CHILDREN' S
'.pproved Omnibus Vote. CENTER AGREEMENT
I. ACCEPTANCE OF EASEMENT - RESERVOIR A/YQRK .ROAD RES . A /YORK RD . &
AN B. IARWOQD LAKES " ZATER MAM PROJECT: Approved BRIARWOOD LAKES
Omnibus Vote. WATER MAIN PROJECT
A. APPOINTMENTS: No Business.
Areas included in this project are 35th Street (Midwest Road -
Covington Court), Camden Court, Chatham Lane, Cheval Drive,
Croydon Lane, Heather Lane, and Windsor Drive (York Road - cul-
de -sac). Work is scheduled to take 60 days, following issuance of the
Notice to Proceed.
Funds in the amount of $72 1,000.00 have been budgete -d in the
Roadway Improvements Program (4601) of the Infrastructure Fund
for this work.
VILLAGE OF OAK BROOK Minutes 3 of 12 March 26, 1996
1996 PAVING
PROJECT -
INFRASTRUCTURE
FUND
Bid packages were picked up by seven (7) companies. Prospective
bidders were required to be Illinois Department of Transportation
prequalified for this work. Four (4) competitive sealed bids were
received on March 14, 1996.
Bids received are indicated on the bid tabulation prepared by James J.
Benes, consulting engineers for the project. The low bid is
approximately 3% or $20,493.00 below the engineer's estimate of
$642,258.00, and 14% or $99,235.00 under the budget of
$721,000.00. Staff notes that the favorable difference is attributable
to the advantage of bidding early in the year.
Motion by Trustee Payovich, seconded by Trustee McInerney, to
award a contract, subject to staff review, to James D. Fiala Paving,
Hodgkins, Illinois, the lowest responsible bidder, based on the unit
prices submitted, for an estimated total project price of $621,764.77.
ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Payovich and
Savino.
Nays: 0 - None.
Absent: 1 - 'Trustee Shumate. Motion carried.
A 0,1161101SIRMIET401 UPON
Five (5) companies were advised of this project, and the required pre -
bid meeting was attended by eight (8) contractors, subcontractors and
distributors. Of the three (3) sealed bids received on March 14, 1996,
only one (1) bid from J. W. Fowler was fully responsive to the bid
specifications. The other two (2) bids, from J. St. Germain and
Prospect Glass, were unresponsive to the requirement for a bid bond.
This means that they would also be unable to supply a Contract Bond
covering payment and performance, which is required by the Illinois
Compiled Statutes for all public construction projects. Our architect
for this project, Norman A. White & Associates, reports good
references for J. W. Fowler.
The Bath and Tennis Club Manager has set aside various dates in the
period April through June, during which time the contractor plans to
replace the existing doors and windows in multiple phases.
The actual construction involves replacing all of the existing windows
(upper and lower) and doors (except the main entrance, which was
replaced last year), with wood frame insulated windows and doors.
Bidders had the option of bidding either aluminum or wood
construction for the windows and the sliding doors to the patio. The
VII T A CI nV O A V t317OOK Minutes I of — March 26, 1996
BATA & TENNIS
CLUB WINDOW
REPLACEMENT
h
low bidder chose wood windows and sliding doors by Pella, with an
aluminum door at the rear of the clubhouse, matching that at the
clubhouse entrance.
Funds in the amount of $55,000.00 have been budgeted in the
Clubhouse Improvements Program (14 -8402) of the Sports Core Fund
for this work. In order to cover the extra $4,781.00, the Bath and
Tennis Club Manager has recommended that the Village fore; o
$5,000.00 of the $15,000.00 budgeted for the purchase of pool
furniture.
Motion by Trustee Payovich, seconded by Trustee McInerney, to
award a contract, subject to staff review, to J. W. Fowler Corp. dba
Professional Installation Corp., Glen Ellyn, Illinois, the lowest
responsible bidder, for a lump sum price of $59,781.00. ROLL
CALL VOTE:
Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Payovich and
Savino.
Mays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
3. A11TQ PARTS:
Bid packages were sent to three (3) firms, and competitive sealed bids
were received on March 1, 1996 from three (3) companies.
Contracts with the two recommended firms will operate as
Requirements Contracts, i.e., when Public Works needs any of the
items, these vendors will be used. There is no requi meal that 1U
yil a !; hase a ,set guantily. The Village retains the right to either
increase or decrease quantities, at its sole option. The Village also ha;i
the option to purchase these same items through other sources, (in an
emergency when an item is needed sooner than it can be supplied by
the low bidder). Public Works purchases roughly $20- $25,000 of
these common items on an annual basis.
Motion by Trustee Savino, seconded by Trustee Payovich, to award
Requirements Contracts to the following two companies, subject to
staff review, based on unit prices bid by the lowest responsive
bidders, for the noted categories of auto parts:
All -Brake & Drive Unit Service, Inc., Cicero, Illinois: seals, belts,
wiper blades, brake shoes and pads, tie rod/idler arm, spark plug,
filters and mirrors, lenses, reflectors, etc.; and
VtLLAGIE OF OAK BROOK Minutes 5 of 12 March 26. 1996
.,r
II
MUTTO PARTS
r V M,17 Tv ", ;= X77-7' `x7
Keene Ignition & Parts Co., Chicago, Illinois: brake chambers; caps,
rotors, wires; flashers; windshield solvent; headlights and bulbs.
ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Payovich and
Savino.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
4. BENEFITS CONSULTING SERVICES: Brt' EFITS
CONSULTING
Phase I services (to be completed prior to the Village's benefit plan SERVICES
renewal date of July 1, 1996) include the following:
1. Selection of a Third Party Administrator (TPA) - The TPA is the
company which provides the actual processing of participants'
health and dental claims.
2. RevL-.,,w of our existing Vision Service plan, with recommendations
as to modification or conversion to a different carrier.
3. Acquisition of the specific and aggregate stop loss reinsurance, and
life insurance.
4. Section 125 Plan - analysis, preparation and implementation.
5. Contract Implementation - all activities necessary in supporting
Village staff during the conversion to a new TPA and new carriers.
The services referred to in the RFP as "Phase II" activities include
monitoring TPA performance, reviewing the Village's overall benefit
program, and making recommendations as appropriate on an ongoing
basis. Phase II contracted for on a retainer basis ($500 per month),
with services provided at the Village's direction. The consultant will
provide advice on a comprehensive update of the Village's Plan
Document.
In response to the January Request for Proposals, sent to fourteen (14)
firms, Six (6) chose to submit proposals by the deadline. Following
an initial screening for qualifications, a Selection Committee
consisting of Village Manager Veitch, Finance Officer Langlois,
Assistant to the Village Manager Crotty and Payroll Clerk Hellwig
interviewed two firms and has recommended that the Village contract
with the Kennedy Consulting Group.
Funds are available in the Employee Benefits Program (1303) in the
form of commissions to the insurance brokers, which is currently paid
as part of the Village's stop loss and life insurance premiums. Stab's
intent is to alter this practice and to bid stop loss and life insurance on
a net -of- commission basis, saving the cnrnmission costs, rued to pay
VILLAGE OF (:1K, BROOK Minutes 6 of 12 March 26, 1996
7 `1 ,. t r
on a straight fee - for - service basis for consulting. Staff is confident
that savings realized will more than offset the cor, : of this contract for
consulting services.
Motion by Trustee Kenny, seconded by Trustee Bartecki, to waive
bidding, due to the professional nature of the services, and award a
contract, subject to staff review, to Kennedy Consulting Group, Park
Ridge, Illinois, with a fee for Phase I services to be paid on an hourly
basis, not to exceed $16,450.00. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Payovich and
Savino.
Nays: 0 - None
Absent: 1 - Trustee Shumate. Motion carried.
Bid packages were picked up by seven (7) companies. Five (5)
companies did not bid for the following reasons:
1. Dolton (Ferrara) - could not meet the Village's specifications due
to their own engineering problems with f-tis design.
2. Glazebrook (Pierce) - no longer manufacture rear engi ie pumpers,
due to overheating problems that they have experienced with a rear
engine design.
3. Raffensparger (Seagraves) - no response to the Village's many
reques, s.
4. Saulsbury - chose to not bid at this tine.
5. Sutphen - have not yet entered the rear engine pumper market.
Two (2) sealed bids were received on February 21, 1996. The bid
received from W. S. Farley, Co., Melrose Park, was in the amount of
$299,836.00.
Funds in the amount of $250,000.00 have been budgeted in the
Equipment Replacement Fund Program (9 10 1 ) for the net cost of this
purchase. The Village hopes to receive about $40,000.00 to
$45,000.00 in revenue from the sale of the existing pumper (Mid -
America bid a $10,000.00 trade -in value, but the Village will instead
use the services of a broker to obtain better resale value). if there is
any differential left to cover, it will be small and can be absorbed
within the Program 9101 budget.
VILLAGE OF OAK BROOK Minutes 7 of 12 March 26. ' 996
ENGINE #916
REPLACEMENT
(FIRE PUMPER)
T, t,.` fit, r.
s e
Motion by Trustee Kemiy, seconded by Trustee Barteeki, to award a
contract, subject to staff review, to Mid - America Truck & Equipment
Co., Inc. (E -One Pumper), Rosemont, Illinois, the lowest responsible
bidder, for an E -One Hush Truck 1500 GPM triple combination
pumper at a lump sum price of $293,485.00; and to declare the
existing Unit #916, 1971 American LaFrance Fire Pumper, surplus;
waive bidding, and authorize staff to obtain proposals to broker the
sale through a firm providing that type of service. ROLL CALL
VOTE:
Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Payovich and
Savino.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
6. GQLE CAS:
Bid packages were picked up by three (3) companies. Two (2) sealed
bids were received on March 20, 1996, as Nadler Golf Car, which
sells Club Car, chose not to bid due to a lack of inventory.
Following a review of the various payment options with Finance
Officer Langlois, it is recommended that the Village choose the four -
year lease /purchase. Under this option the interest rate paid xanges
from 4.8% to 5.1% on the principal over the term. The Village
presently receives a higher rate of return on its investments. The four -
year term is recommended, since it is consistent with the useful life of
the carts. The existing carts were acquired under a four -year
lease /purchase arrangement and have a respectable resale value.
Funds in the amount of $53.000.00 have been budgeted in the Golf
Cart Operations Program (14 -8303) for the lease payments.
Motion by Trustee Payovich, seconded by Trustee Kenny, to award a
contract, subject to staff review, to Boylan Sales, Inc. (Ymnaha),
Batavia, Illinois, the lowest responsible bidder, for 70 Yamaha Ultima
electric golf cars with sun canopies on a four -year lease /purchase,
with an annual cost of $35,989.00, with delivery anticipated in
approximately 30 days following placement of order; and to declare
the existing 60 carts as surplus property, and accept Boylan's bid for
the trade -in (the lease /purchase price to include trade -in value for the
existing carts). ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Kenny, McInerney. Payovich and
Savino.
Nays: 0 - None.
Absent: 1 • Trustee Shumate, Motion curried.
VILLAGE O OAK BROOK Minutes 8 of 12 March 26, 1996
GOLF CARTS
r �I
I�
x s 4 7 \
C. APPROVAL F AU'rREEMENT BIEDUEN THE VILLAQE OF AGREEMENT --
OAK BROOK AND THE MSDA F HURR CANES. INC. FOR VILLAGE OF OAK
USE OF FIELD THREE IN THE QAK BROOK SPORTS ORE: BROOK AND THE
HINSDALE
Draft agreement discussed at the Regular Meeting of March 12, 1996. HURRICANES FOR USE OF FIELD 3
Pursuant to the Village Board's direction, the Village Attorney has
amended an Agreement between the Village of Oak Brook and The
Hinsdale Hurricanes by changing the expiration date from November
30, 1996 to June 30, 1997. On or before May 15, 1997, the Village
must notify the Hurricares whether it wishes to terminate the
agreement, renew the agreement, or negotiate a new agreement.
The consideration for the privilege of using Field 3 has been modified
to $18,000.00 payable in five installments. At the request of the
Hurricanes, the Letter of Credit has been changed to $14,000.00, as
$4,000.00 is payable at the time the agreement goes into effect.
Motion by Trustee Payovich, seconded by Trustee Kenny, to approve
the "Agreement Between The Village Of Oak Brook, An Illinois
Municipal Corporation, And The Hinsdale Hurricanes, Inc., An
Illinois Not - For -Profit Corporation, For Use Of Field Three In The
Oak Brook Sports Core" as presented and direct the Village President
and Clerk to affix their signatures thereon. ROLL CALF. VOTE:
Ayes: S - Trustees Bartecki, Kenny, McInerney, 2ayovich and
Savino.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
�i FEW I Moo Q rel IFET le a I. - �
• R r. R • AMENDMENT Ti EXTEND TAVERN - 3702
DISCONTINUANCE DATE FOR-N-QN-CQNEORMING York Road) TEXT
BUSINESS USES IN RESIDENTIAL ZONING 121SIRICIS TO AMENDMENT
JULY !i.
President Bushy stated the following motion has been continued as
unfinished business from the Village Board meeting of March 12,
1996:
"To concur with the recommendations of the Zoning Board of
Appeals and Plan Commission and direct the Village Attorney to
VILLAGE OF OAK BROOK Minutes 9 of 12 March 26, 1996
9 0
prepare an ordinance to amend the discontinuance date for non-
conforming business uses in residence districts (Section XII(B)(8)(c)
of the Zoning Ordinance) from July 8, 1996 to July 8, 2006, for
consideration at the next regular meeting of the Board."
Trustee McInerney requested the presence of all Trustees to vote on
this issue, direct the Village Attorney to prepare the necessary
documents for Board approval and offered his assistance in mediating
the private nuisance between the Rush family and the Village Gate
Tavern.
Trustee Savino concurred with this request.
President Bushy explained the private nuisance between the Rush
family and the Village Gate Tavern should be adjudicated between the
two parties separate from the zoning question before the Village
Board.
John Wendlund, owner of a commercial building at 16th Street and
Spring Road, addressed the Board for continuation of these businesses
and to vote on the non - conforming use issue.
Trustee Payovich asked the Village Attorney why the extension is for
a ten (10) year period. Village Attorney Martens indicated this
particular request is for a ten -year period. The prior request was for
an indefinite period but the Village Board, in 1986, gave a ten -year
period for a discontinuance date for non - conforming business uses in
residence districts.
Trustee Payovich asked why the period could not be indefinite or a
twenty -year time frame. President Bushy stated this consideration
would require a separate application. The application before the
Village Board requests a ten -year period. Additionally, the Village
Board may request the advising Boards to re- examine the question of
a permanent status of a non - conforming use in a residential area.
Rick Fairlamb, 523 Wennes Court, asked the Village Attorney what
provision is provided in the ordinance for the renewal that occurred in
1986. Village Attorney Martens commented that the Village cannot
spend public funds for a private purpose in addressing the concerns of
the Rush family and the Village Tavern smoke issue. Zoning
ordinances may be amended as is presently before the Village Board
for their decision. The judicial process has changed in the last thirty
years since this provision was written, wid now municipalities are
limited in the manner in which they may regulate businesses. If a
VILLA013. OF OAK. BROOK. Minutes 10 of 12 March 26, 1996
777" -77"7777 s s • .. } — _ — v t _ — sin
s d ♦_ t
N`Y
municipality deprives a property owner of any economic viable use of
I
is or her property, then it is called a taking. The municipality must
then compensate the property owner for what it has taken. Many
municipalities have eliminated their amortization provisions for these
reasons.
President Bushy urged for approval of the motion to direct the Village
Attorney to prepare the necessary ordinance. The approval of the
ordinance would be scheduled on the agenda of the next Regular
Meeting. Trustee Savino indicated he would not be in attendance at
the April 9, 1996 Village Board meeting.
Motion by Trustee Shumate, seconded by Trustee Kenny, to concur
with the recommendations of the Zoning Board of Appeals and Plan
Commission and direct the Village Attorney to prepare an ordinance
to amend the discontinuance date for non- conforming business uses in
residence districts (Section OI(B)(8)(c) of the Zoning Ordinance)
from July 8, 1996 to July 8, 2006, for consideration at the next regular
meeting of the Board. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney and PayoAch.
Nays: 0 - None.
Absent: 1 - Trustee Shumate.
Abstain: 1 - Trustee Savino. Motion carried.
Trustee Bartecki suggested a special meeting be held to address this
issue with all Trustees present.
Motion by Trustee Kenny, seconded by Trustee Bartecki, to amend
the motion to concur with the recommendations of the Zoning Board
of Appeals and Plan Commission and direct the Village Attorney to
prepare an ordinance to amend the discontinuance date for non-
conforming business uses in residence districts (Section XII(B)(8)(c)
of the Zoning Ordinance) from July 8, 1996 to July 8, 2006, for
consideration at the next Regular meeting or a special meeting of the
Village Board. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney acid Payovich.
Nays: 0 - None.
Absent: 1 - Trustee Shumate.
Abstain: l - Trustee Savino. Motion carried.
President Bushy stated this issue will be placed on the agenda of the
next Regular meeting of Apri19, 1996 or a special meeting.
Motion by Trustee Kenny, seconded by 'Trustee Bartecki, to amend
the previous motion to concur with the recommendations of the
VILLAGE OF OAK BROOK Minutes 11 of 12 March 26, 1996
4�16
t �
Zoning Board of Appeals and Plan Commission and direct the Village
Attorney to prepare :ln ordinance to amend the discontinuance date for
non - conforming business uses in residence districts (Section
XII(B)(8)(c) of the Zoning Ordinance) from July 8, 1996 to July 8,
2006, for consideration at a Reconvened Meeting of the Board on
Monday, April 1, 1996 at 7:30 p.m. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Payovich and
Savino.
Nays: 0 - None.
Absent: I - Trustee Shumate. Motion carried.
Motion by Trustee Kenny, seconded by Trustee McInerney, to adjourn to a
reconvened meeting for Monday, April 1, 1996 at 7:30 p.m. VOICE VOTE:
Motion carried.
ATTEST:
Indak. Gonnella, CMC
Village Clerk
bot326
VILLAGE OF OAK BROOK Minutes
0
12 of 12 March 26, 1996
FAR M IC ►141 -wk M