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Minutes - 04/13/1999 - Board of TrusteesPi 3 VILLAGE OF OAK BROOK Minutes APRIL 13, 1999 UNOFFICIAL UNTIL APPROVED AS WRITTEN OR AS AMENDED _ BY VILLAGE BOARD ON 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 7:34 p.m. Pledge of Allegiance was given. ROLL CALL: The Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Caleel, Kenny, McInerney, Savino and Shumate. ABSENT: Trustee Bartecki. 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; Debra J. Jarvis, Fire Chief/Building Commissioner; Bruce F. Kapff, Director of Information Services & Purchasing; Darrell J. Langlois, Finance Director/Treasurer; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director; Michael J. Meranda, Public Works Director; Bonnie Sartore, Bath and Tennis Club Manager; James Bodony, Fire Captain; Clifford Ekkert, Firefighter /Paramedic; Jeffrey Marciniak, Firefighter/Paramedic; and Shawn Swagler, Firefighter/Paramedic. ANNOUNCEMENTS & OPEN FORUM: MEETING CALL ROLL CALL ANNOUNCEMENTS AND OPEN FORUM Trustee McInerney commented on errors in local press reports concerning various recent events, including the Consolidated Election and on Village efforts to cooperate with the Oak Brook Park District. Trustee McInerney recognized a twelve -year old resident, Brian O'Malley, as a member of a hockey team that won their division's National championship. Trustee Savino complimented members of the Village Board for their exemplary method of campaigning for re- election. He also commented on the efforts of the Village in cooperating with the Oak Brook Park District and noted the cost reductions for the Aquatic Center represented by the zoning variation and the waiver granted by the Village. President Bushy announced the Local Canvassing Board consisting of the Village President, Village Clerk and senior Trustee will canvass the votes of VILLAGE OF OAK BROOK Minutes 1 of 20 April 13, 1999 the April 13, 1999 Consolidated Election on Monday, April 19, 1999 at 7:00 p.m. in the Samuel E. Dean Board Room. President Bushy acknowledged that Governor Ryan has declared this week as Telecommunicator Appreciation Week and publicly thanked all Communications Center personnel for their fine work. President Bushy also read, for the record, Sergeant Srch's memorandum of the excellent work performed by Communications Supervisor Peterka and Communications Operators Jenkins, Caslin and Warren for ensuring that the public and public safety personnel were well served during the emergency events of April 9, 1999. 4. APPROVAL OF MINUTES: MINUTES Motion by Trustee McInerney, seconded by Trustee Caleel, to approve the minutes of the Regular Meeting of March 23, 1999 as presented and waive the full reading thereof. VOICE VOTE: Motion carried with Trustee Shumate abstaining. 5. OMNIBUS AGENDA: Motion by Trustee McInerney, seconded by Trustee Shumate, to approve the Omnibus Agenda. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion carried. President Bushy commended Firefighter/Paramedic, Clifford Ekkert, for his efforts in recognizing the advantages for our Fire Department in purchasing a six - passenger fire rescue squad rather than a two - personnel vehicle. APPROVAL OF: A. APPROVAL OF BILLS: Approved Omnibus Vote. B. APPROVAL OF PAYROLL 1) FOR PAY PERIOD ENGING MARCH 20, 1999: Omnibus Vote. 2) FOR RETROACTIVITY PAYMENTS - FIRE UNION - MARCH 23,1999: Approved Omnibus Vote. C. CHANGE ORDERS: BILLS - $403,004.10 PAYROLL — Approved $328,457.60 (gross $163,443.90 (gross) CHANGE ORDERS: 1) CHANGE ORDER #4 - 1997 PAVING PROJECT: Approved 1997 PAVING Omnibus Vote. PROJECT VILLAGE OF OAK BROOK Minutes 2 of 20 April 13, 1999 D. PAYOUTS: PAYOUTS E. F. G. 1) WEBSTER, MC GRATH & AHLBERG - PAYOUT #2 - SPORTS CORE/ SPORTS CORE /WESTCHESTER PARK FINAL PLAT - WESTCHESTER PARK 495.00: Approved Omnibus Vote. FINAL PLAT 2) JAMES J. BENES & ASSOCIATES INC. - PAYOUT #25 - 1997 1997 PAVING PAVING PROJECT - $69.98: Approved Omnibus Vote. PROJECT 3) JAMES J. BENES & ASSOCIATES INC. - PAYOUTS #5 & 46 - 1999 PAVING 1999 PAVING PROJECT - $9,332.54: Approved Omnibus Vote. PROJECT 4) JAMES J. BENES & ASSOCIATES INC. - PAYOUT #22 - 22ND 22ND STREET/ STREET/YORK ROAD CONSTRUCTION - $1,612.38: YORK ROAD Approved Omnibus Vote. CONSTRUCTION REFERRALS: None. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: 1) 1999 -2000 STATE JOINT PURCHASE - DEICER SALT: 1999 -2000 STATE Approved Omnibus Vote. JOINT PURCHASE - DEICER SALT 2) GOLF COURSE CART PATH PAVING: Approved Omnibus GOLF COURSE CART Vote. PATH PAVING 1999 MEMBERSHIP RENEWAL - UNITED STATES 1999 MEMBERSHIP - CONFERENCE OF MAYORS: Approved Omnibus Vote. U . S . CONFERENCE OF MAYORS H. REQUEST FOR RELEASE OF FUNDS - OAK BROOK HOTEL, OBHCVC - CONVENTION AND VISITORS COMMITTEE - FOURTH FOURTH QUARTER QUARTER RECEIPTS TO DU PAGE CONVENTION AND RECEIPTS TO DCVB VISITORS BUREAU - $18,315.30: Approved Omnibus Vote. I. AUTHORIZATION TO NEGOTIATE CONTRACT - FIREWORKS 1999 FIREWORKS - 1999 INDEPENDENCE DAY CELEBRATION: Approved CONTRACT Omnibus Vote. J. AUTHORIZATION TO NEGOTIATE CONTRACT - 1999 FIREWORKS - PARKING/TRAFFIC CONTROL - 1999 INDEPENDENCE DAY PARKING /TRAFFIC CELEBRATION: Approved Omnibus Vote. CONTROL CONTRACT VILLAGE OF OAK BROOK Minutes 3 of 20 April 13, 1999 K. AUTHORIZATION TO NEGOTIATE CONTRACT - REPLACEMENT FIRE REPLACEMENT FIRE RESCUE SQUAD: Approved Omnibus RESCUE SQUAD Vote. 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. ACTIVE AGENDA (Items For Final Action): A. APPOINTMENTS: ELECTRICAL COMMISSION: In February 1998, the Village Board passed Ordinance G -607 which brought the Village Code into compliance with the State Statutes regarding Electrical Commissions. The new Ordinance expanded the Electrical Commission from five (5) to six (6) members and defined member qualifications. Village President Bushy recommended the following three (3) appointments to bring the Electrical Commission into compliance: 1) Chief Building Inspector Richard Arling - to serve as the Electrical Inspector and Ex- officio Chairman (replaces Daryl Sittig who resigned in December 1998), with his term expiring in June 2000. 2) Oak Brook resident .Kenneth Julian - to serve as the Registered Professional Engineer (required when Ordinance G -607 expanded the Commission to six (6) members), with his three -year term to expire April 2002. 3) Fire Chief Debra Jarvis - to serve as the Chief of the Fire Department representative (since a representative of a Fire Underwriter Inspection Bureau residing within the Village cannot be identified). Chief Jarvis will fill the unexpired term of Lt. Stanfa (who resigned to allow compliance with Ordinance G -607), with her term expiring in June 2000. Motion by Trustee Caleel, seconded by Trustee Savino, to concur with the recommendations of President Bushy and appoint: Chief Building Inspector Richard Arling - to serve as the Electrical Inspector and Ex- officio Chairman (replacing Daryl Sittig who resigned in December 1998), with his term expiring in June 2000; and Oak Brook resident Kenneth Julian - to serve as the Registered Professional Engineer (required when Ordinance G -607 expanded the Commission to six (6) members), with his three -year term to expire April 2002; and Fire Chief Debra Jarvis - to serve as the Chief of the Fire Department representative (since a representative of a Fire Underwriter Inspection VILLAGE OF OAK BROOK Minutes 4 of 20 April 13, 1999 APPOINTMENTS: ELECTRICAL COMMISSION - RICHARD ARLING KENNETH JULIAN DEBRA JARVIS Bureau residing within the Village cannot be identified). Chief Jarvis will fill, the unexpired term of Lt. Stanfa (who resigned to allow compliance with Ordinance G -607), with her term expiring in June 2000. VOICE VOTE: Motion carried with Trustee McInerney voting nay. B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 99- BND -GO -FI -CIP -S -930 ORDINANCE AUTHORIZING THE ISSUANCE OF $10,000,000 GENERAL OBLIGATION ALTERNATE BONDS OF THE VILLAGE OF OAK BROOK, ILLINOIS FOR THE PURPOSE OF FINANCING CAPITAL IMPROVEMENTS: On March 23, 1999, the Village Board tabled consideration of the authorizing ordinance until the Village Attorney and bond counsel could consult on its form and content. That has now occurred and the ordinance that would authorize issuance of $10,000,000 in General obligation alternate bonds is now being proposed. The financing plan involves initial issuance of $5,000,000 and a possible subsequent issue of up to another $5,000,000. Section 1 of the ordinance states the uses to which the bond proceeds could be put. Section 2 authorizes the bonds to be issued. Section 3 pledges sales tax receipts for payment of the bonds. Section 4 makes the necessary general obligation pledge. Section 5 sets up a priority of payment, which, importantly, places other available funds of the Village ahead of ad valorem taxes. Section 7 directs publication and specifies the backdoor referendum provisions. Passage of the authorizing ordinance would trigger publication of the ordinance and notice of a public hearing, which would take place on April 27, 1999. Publication of the authorizing ordinance also begins the 30 -day backdoor referendum period, which would end on May 17, 1999. The petition threshold is 7.5% of the registered voters, not 10% as earlier discussed (the 10% threshold applies in cases where enterprise fund revenues are pledged for payment of the bonds). The number of valid signatures required to prevent issuance without a referendum would be 448. The time period involved from the date of ordinance adoption to actual bond sale may be as short as approximately 50 days. The revised timetable contemplates a final go /no -go decision by the Board after the end of the 30 -day period and before proceeding with the mechanics of the sale. This results in a bond sale on July 13, 1999 VILLAGE OF OAK BROOK Minutes K 5 of 20 April 13, 1999 ORD.99- BND- GO -FI- CIP -S -930 GENERAL OBLIGATI( ALTERNATE BONDS FOR FINANCING CAPITAL IMPROVE- MENTS and delivery of the proceeds on August 5, 1999, about a month later than if the preparatory work takes place during the 30 -day period. The schedule may be compressed if the Board so directs. Motion by Trustee McInerney, seconded by Trustee Kenny, to pass Ordinance 99- BND- GO- FI -CIP -S -930, "Ordinance Authorizing The Issuance Of $10,000,000 General Obligation Alternate Bonds Of The Village Of Oak Brook, Illinois For The Purpose Of Financing Capital Improvements ", as presented and waive the full reading thereof. Trustee Savino stated he would abstain from voting as he felt the backdoor referendum process unsavory, and the Village would have to pledge real estate taxes when the Village has funding available for the capital improvements. Trustee Shumate concurred with Trustee Savino's comments. He stated the Five -Year Financial Plan of $6,500,000 in improvements for the Village Hall and Fire Department has not been improved. He requested a Committee -of -the -Whole meeting so that residents could speak to the issue. Trustee McInerney agreed that all of the projects have not been approved but initially the Village will offer $5,000,000 in general obligation bonds. He noted sales tax revenue has decreased, and he is concerned with what may occur in Washington. The agenda of the cities is not being met in the National League of Cities. There may be a five -year moratorium on the ability to tax. President Bushy suggested offering a Monday night meeting and Saturday workshop to discuss the bond issue and stated petitions against the proposal will be available at those meetings. Village Manager Veitch explained that this is a finance process that is allowed by any municipality, as State legislation prohibits non -home rule communities from certain finance methods. Village Attorney Martens indicated President Bushy may vote. He further indicated that case law states that an abstention goes with the majority vote to an aye vote. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and President Bushy. Nays: 1 - Trustee Shumate. Absent: 1 - Trustee Bartecki. VILLAGE OF OAK BROOK Minutes 6 of 20 April 13, 1999 Z Abstain: 1 - Trustee Savino (Whose vote is counted with the majority and, therefore given the effect of an aye.) Motion carried. 2) ORDINANCE 99- ZO -R -EX 1 -S -931 AN ORDINANCE REZONING A CERTAIN PARCEL TO THE R -3 SINGLE - FAMILY DETACHED RESIDENCE DISTRICT - BECKER'S RESUBDIVISION - WESTCHESTER PARK: Discussed and direction given at the Regular meeting of March 23, 1999. The ordinance rezones a portion of Becker's Resubdivision from CR (Conservation/Recreation District) to R -3 (Single - Family Detached Residence District). Motion by Trustee Savino, seconded by Trustee Caleel, to pass Ordinance 99- ZO- R -EX 1 -S -931, "An Ordinance Rezoning A Certain Parcel To The R -3 Single - Family Detached Residence District - Becker's Resubdivision - Westchester Park:, as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion carried. ORD.99-ZO-R-EX1- S -931 REZONING TO R -3 SINGLE FAMILY DETACHED RESIDENC BECKER'S RESUB- DIVISION - WEST- CHESTER PARK 3) RESOLUTION 99- SD- PP &FP -R -722 A RESOLUTION RES . 99- SD- PP&FP- APPROVING THE PRELIMINARY AND FINAL PLAT OF R -722 SUBDIVISION KNOWN AS "SPORTS CORE /WESTCHESTER APPROVING THE PARK SUBDIVISION" (Formerly A Portion Of Lot 2 Of PRELIMINARY AND Becker's Resubdivision): FINAL PLAT OF SUBDIVISION KNOWN AS "SPORTS CORE/ Discussed and direction given at the Regular meeting of March 23, WESTCHESTER PARK 1999. The resolution approves the preliminary and final plat of the SUBDIVISION "Sports Core /Westchester Park Subdivision" subject to the following (Formerly of B conditions set forth in Section 2 of the Resolution: of Resubdivision) Lot erke of B (a) That the requirements for sidewalk, curb and gutter, and street lights are waived; (b) That the final plat and final engineering plans be revised as necessary and the same approved by the Village Engineer; and (c) That all other requirements, conditions and standards of the Subdivision Regulations of the Village of oak Brook, except as waived or limited by this Resolution, shall be applicable to the resubdivision and development of said Sports Core /Westchester Park Subdivision. VILLAGE OF OAK BROOK Minutes 0 7 of 20 April 13, 1999 Motion by Trustee Savino, seconded by Trustee Shumate, to pass Ordinance 99- SD- PP &FP -R -722, "A Resolution Approving The Preliminary And Final Plat Of Subdivision Known As "Sports Core /Westchester Park Subdivision" (Formerly A Portion Of Lot 2 Of Becker's Resubdivision) ", as presented and waive the full reading thereof. ROLL CALL VOTE: ' Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion carried. 4) ORDINANCE 99- ZO -V -S -932 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO CURB REQUIREMENTS (Oak Brook Park District 1450 Forest Gaie Road, Oak Brook, IL 60523): At the Zoning Board of Appeals meeting of March 2, 1999, it was noted that curbing costs is a financial burden for the Park District that would be passed onto the taxpayer. The estimated cost of $60,000 to install the curb is public monies which could be used for a better public service. Discussed and direction given at the Regular meeting of March 23, 1999. The ordinance grants a variation to allow the construction of a driveway around the Park District's Family Recreation Center without curbs subject to the following conditions and restrictions set forth in Section 4 of the ordinance: 1. That not less than two signs, opposite from each other, be posted along the subject driveway; and 2. That if the Village, in its sole discretion, determines that there is a traffic or safety problem at the subject driveway, the Oak Brook Park District shall install two gates approved by the Oak Brook Fire Department to discourage use of the driveway by the general public. Motion by Trustee Savino, seconded by Trustee Kenny, to pass Ordinance 99- ZO -V -S -932, "An Ordinance Granting A Variation From The Provisions Of The Zoning Ordinance Of ,The Village Of Oak Brook Relative To Curb Requirements (Oak Brook Park District, 1450 Forest Gate Road, Oak Brook, IL 60523)" as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. VILLAGE OF OAK BROOK Minutes 8 of 20 April 13, 1999 ORD.99- ZO -V -S -932 GRANTING VARIATIC RELATIVE TO CURB REQUIREMENTS (Oak Brook Park District) Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion carried. 5) ORDINANCE 99- AG- CB -EXl -S -933 AN ORDINANCE OF THE VILLAGE OF OAK BROOK ILLINOIS CONSENTING TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISEE FROM MEDIA ONE OF NORTHERN ILLINOIS, INC. TO TCI TKR OF SOUTH DADE, INC. The , Village of Oak Brook is in receipt of the Federal Communications Commission Form 394 containing information intended to establish the technical, legal and financial qualifications of TCI for taking ownership of the existing cable television franchise from MediaOne. When TCI decided to reorganize its cable systems nationally, it determined that the Chicago metropolitan area would be one of its prime markets. Lengthy negotiations between MediaOne and TCI resulted in an asset exchange agreement that would cause TCI's south Florida properties and some in California to be exchanged for all MediaOne systems in the Chicago area and some in Michigan. The franchising authorities in the affected communities are charged with reviewing the FCC Form 394 to determine whether TCI is technically, legally and financially able to operate the cable system. The ability to deny such transfer on any of these three bases is extremely limited. Because the TCI deal affects a vast majority of area municipalities (MediaOne, Multimedia, Time Warner and Jones systems are all affected), DuPage Mayors and Managers and the other Councils of Government formed a consortium to obtain expert consulting at a very reasonable cost. As a result, Dr. Barry Orton and Stuart Chapman were hired to conduct the technical, legal and financial review for all affected communities. The technical review included, among other things, a physical inspection of the various head -end sites and an analysis of the cable type and size that would be used by TCI. The legal review dealt primarily with TCI's use of subsidiary corporations as transferee vehicles, as well as any outstanding claims against the company. Financial data was reviewed to determine whether TCI had adequate resources to operate the cable systems. The review is complete, and the consultants have concluded that TCI has sufficiently demonstrated the adequacy of its technical, financial and legal qualifications within the context of applicable law. VILLAGE OF OAK BROOK Minutes 9 of 20 April 13, 1999 ORD,99- AG- CB-EX1 S -933 TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISEE FROM MEDIA ONE OF NORTHERN ILLINOI, INC. TO TCI TKR OF SOUTH DADE, I, Concerns about changes in terms and conditions of service and operations, licensing of transferees, consolidation of operations and customer service, and technical management personnel were also addressed in the consultants' review. TCI has indicated that it will follow the terms and conditions of local franchise agreements, and would license its subsidiary corporations prior to the transfer. TCI's responses also note that there are no current plans to consolidate or change operations, and it will handle customer service with the same personnel who are currently providing the service. The ordinance incorporates TCI" representations that the transfer is not expected to have any effect on cable television service, rates or reduce the quality of customer service or cable service in Oak Brook. Motion by Trustee Savino, seconded by Trustee Caleel, to pass Ordinance 99- AG- CB -EXI -S -933, "An Ordinance Of The Village Of Oak Brook, Illinois Consenting To The Transfer Of Control Of The Cable Television Franchisee From Media One Of Northern Illinois, Inc. To TCI TKR Of South Dade, Inc. ", as presented and waive the full reading thereof; and authorize execution of the Transfer Agreement. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion carried. 6) ORDINANCE 99- AG -CB -EX 1 -S -934 AN ORDINANCE OF THE VILLAGE OF OAK BROOK ILLINOIS CONSENTING TO THE CHANGE OF CONTROL OF THE CABLE TELEVISION FRANCHISEE FROM TELE- COMMUNICATIONS, INC. TO AT &T CORP.: In mid -1998 while the TCl/MediaOne exchange was moving to its inevitable conclusion, AT &T began proceedings to acquire TCI. The consortium consultants and many others affected by the TCl/MediaOne exchange viewed this as a positive development since AT &T indicated that it would require TCI to provide high quality cable infrastructure and service. Additionally, AT &T is believed to have significantly greater resources to devote to cable television operations. It appears that the U.S. Department of Justice has approved the transaction between TCI and AT &T, and the Village may expect to receive the official FCC documents in the near future. In any event, the consortium consultants have conducted a technical, legal and financial review of AT &T and recommend that communities approve VILLAGE OF OAK BROOK Minutes 10 of 20 April 13, 1999 `'� ORD.99-AG-CB-EX1- S -934 CHANGE OF CONTROL OF CABLE TELE- VISION FRANCHISEE FROM TELE- COMMUNICATIONS, INC. TO AT &T CORP the TCI /AT &T transaction at the same time as the TCl/MediaOne exchange. The primary reason for passing the ordinances at the same time is to afford communities the ability to work directly with AT &T as the ultimate cable franchise holder. Because TCI has not had an unblemished record as a provider of cable service in the Chicagoland area, and because AT &T has indicated that it would demand improved performance of the system, Assistant Village Manager Crotty recommends that the Board also adopt an ordinance consenting to the transfer of control of the cable television franchise to AT &T from TCI. Motion by Trustee Savino, seconded by Trustee Caleel, to pass Ordinance 99- AG -CB -EX 1 -S -934, "An Ordinance Of The Village Of Oak Brook, Illinois Consenting To The Change Of Control Of The Cable Television Franchisee From Tele- Communications, Inc. To AT &T Corp. ", as presented and waive the full reading thereof; and authorize execution of the Change of Control Agreement. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - - Trustee Bartecki. Motion carried. C. AWARD OF CONTRACTS: 1) ADULT WHIRLPOOL - BATH AND TENNIS CLUB: The Village Board, at the Regular meeting of January 26, 1999, directed staff to investigate various whirlpool options for the Bath and Tennis Club. Following considerable research, Bath and Tennis Club Manager Sartore is recommending the purchase of a commercial therapy whirlpool by Wave Length. Among various features of this pool is a "training" capability that affords adults privacy for lap swimming, which is presently difficult to offer in the main pool. Other features were noted in the spec sheet and brochure attached to Purchasing Director Kapff's memorandum dated April 7, 1999. The selected Wave Length whirlpool is only distributed in this area by TurboTubs of Naperville. As such, there is no reason to advertise for bids. The estimated delivery time is four weeks, which should give staff adequate time to have the whirlpool installed (by a separate contractor) before the pool season begins. Funds in the amount of $30,000 are in the Sports Core Improvements Program (52 -841) for this project. VILLAGE OF OAK BROOK Minutes V 11 of 20 April 13, 1999 ADULT WHIRLPOOL - BATH & TENNIS CLU Bath and Tennis Club Manager Sartore explained that the whirlpool is handicap accessible and no one under the age of eighteen (18) is permitted to use the facility. The water temperature may be modified in the two .sections. .The Jacuzzi portion has an eight to ten (8 -10) person capacity, and the Club's lap swimmers prefer to use the wavepool section for their swimming. Motion by Trustee Savino, seconded by Trustee McInerney, to waive competitive bidding, due to sold source for the selected whirlpool, and issue a Purchase Order to TurboTubs, Naperville, in the total amount of $16,940 for a Model #8013 Challenger commercial therapy whirlpool by Wave Length. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion carried. 2) 1999 CRACK SEALING PROJECT: Direction given at the Regular meeting of March 9, 1999. Bid packages were picked up by six (6) companies. Prospective bidders were required to be Illinois Department of Transportation prequalified for this work. Three (3) sealed bids were received on March 31, 1999. Unit prices for Schodeller Construction are approximately 17% lower than the Engineer's Estimate. The map and spreadsheet attached to Purchasing Clerk Murphy's memorandum dated April 7, 1999 depicts estimated quantities and areas which will be cracksealed. The contractor is responsible for providing any necessary traffic control to direct motorists around the work zones. Disruption is minimal with this process. All work is scheduled to be completed by May 28, 1999. Funds in the amount of $36,000 have been budgeted in the Roadway Improvement Program (461 -9070) for this work. Motion by Trustee Kenny, seconded by Trustee Savino, to award a contract, subject to staff review, to Schodeller Construction, Inc. South Lyon, MI, the lowest responsible bidder, based on the unit prices of $34 per pound of fiber- asphalt crack sealing material, $.245 per foot of routing and rubberized sealant, and $.01 per foot of backer rod, for an estimated total 1999 Crack Sealing Project price of $34,836.34. Trustee Caleel commented on the crack sealant adhering to cars. Trustee Shumate inquired into an alternative to this method. Village VILLAGE OF OAK BROOK Minutes 12 of 20 April 13, 1999 1999 CRACK SEALING PROJECT Engineer Durfey explained that when asphalt fluid is properly applied, it will remain in place. A new method in a portion of the Saddle Brook Subdivision was applied, and it has remained in place. Village Manager Veitch explained that there is no more cost effective treatment than this method for keeping water out of the pavement, and the Village is confident that the new crack sealing method will work efficiently. ROLL CALL VOTE: Ayes: 5 - , Trustees Caleel, Kenny,, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki.' Motion carried. 3) PUBLIC WORKS GARAGE HVAC: The Village Board, at its September 22, 1998 meeting, rejected bids for this project and authorized staff to re -bid the project to provide more flexibility in permitted manufacturers. Revised bid packages were picked up by four (4) companies. One (1) sealed bid was received on February 24, 1999. Reasons for other vendors not bidding were time constraints, could not be competitive in pricing and did not have enough time to bid. The same firm, Bartlett Heating and Air Conditioning, Inc., was the low bidder in the prior letting. This bid is approximately $20,000 higher than the prior bid. The difference is accounted for by substitution of higher quality equipment as well as an intervening increase in labor rates. Even so, this bid is well below all other bids received in the first letting, and will produce a result more consistent with the original specifications. Due to weather constraints, work on this project will begin after May 1, 1999. Sufficient funds are available in the Municipal Building Improvements program budget (42 1) to cover the cost of this project. Motion by Trustee Savino, seconded by Trustee Kenny, to award a contract, subject to staff review, to Bartlett Heating and Air Conditioning, Inc., Mt. Prospect, the lowest responsible bidder, to perform the Public Works heating and exhaust equipment replacement, at a lump sum price of $173,245. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. VILLAGE OF OAK BROOK Minutes 13 of 20 April 13, 1999 PUBLIC WORKS GARAGE HVAC Absent: 1 - Trustee Bartecki. - Motion carried. 8. DEPARTMENTAL REPORTS - LIAISON ASSIGNMENTS: Engineering: Trustee Bartecki - Village Manager Veitch reported that final electrical checks have been made for the street lights installed for the 22" Street/York Road Project. Beams have been placed on the west half of the Midwest Road/I -88 bridge, and completion of the project is scheduled for June. DuPage County's $4.3 million Meyers Road (Butterfield- Roosevelt) project consists of reconstructing the existing concrete pavement and should start next week and finish in November. A pre - construction meeting of the water main replacement in Yorkshire Woods took place with construction beginning April 26, 1999. Residents have been notified. Village President Bushy asked that the Trustees receive a copy of all Engineering Department notices to the residents. Trustee Savino noted that the signal at Kensington Road and Jorie Boulevard has a shroud missing. Public Works Director Meranda stated it is on order. Village President Bushy also noted that the truncated stop sign at Midwest Road and 35`h Street is broken and needs repair. Finance and Hotel Committee: Trustee McInerney - Work has continued on the 1998 Audit. Significant progress has been made regarding conversion of the water billing system. Staff completed and issued the RFP for banking services during April. Proposals are due from the banks on April 28, 1999. The long- awaited video marketing the hotels of Oak Brook is complete and is available for viewing by the Board in the Upper Level Conference Room this evening. The video will be used to promote Oak Brook to travel agents, business planners, etc. Trustee Shumate commented that he was appreciative that this has finally been done. Trustee McInerney stated that it is a 5 -6 minute video showing the activities that are offered in Oak Brook. Fire: Trustee Kenny - For the Month of March, fire calls totaled 109, with mutual aid given four (4) times and received five (5) times. Ambulance calls totaled 922 with mutual aid given three (3) times and received five (5) times. In the middle of March, fire units responded to an automatic fire alarm at the Hyatt Hotel. First arriving crews found smoke in the lobby originating from the first floor banquet hall. A sprinkler head activated and extinguished a table fire prior to the Fire Department's arrival. Smoke and water evacuation operations began immediately by fire department and hotel personnel. The fire investigation found that candles in a centerpiece had ignited the centerpiece decorations. VILLAGE OF OAK BROOK Minutes 14 of 20 April 13, 1999 1�� Another incident involved the fire units responding to a spill of an unknown liquid at the Nieman Marcus loading dock. The spill originated from a delivery truck that had already left the scene. Fire personnel performed visual and gas monitor reconnaissance and determined that no fire or explosion hazard was present. Upon notifying the delivery service, the driver was contacted and, identified the liquid. "Oil Dry" was the dispersed on the - affected area and disposed of by store personnel. Career firefighters who are not Paramedics or Emergency Medical Technicians are attending a 40 =hour First Responder course. Full -time Fire Department personnel (including the Chief) will have a minimum of First Responder State of Illinois medical certification. This enables all full -time personnel to use the new Automatic External Defibrillators (AEDs) carried on the engines. Emergency Scene Size -up and Incident Management classes were conducted for personnel as part of the department's 1999 focus on enhancing emergency scene management. Officers attended a 6 -hour employee counseling, problem solving, and discipline training session. The Village Manager, Assistant Village Manager, Fire Chief and Fire Captains attended Union Contract Administration training conducted by Seyfarth -Shaw. The dive rescue team conducted a dive class on diving emergencies that was held at the Carol Stream Fire Department. "Freddie" the Fire Truck went to Christ Church and gave a fire safety program to thirty (30) children. He then traveled to the Park District to educate fifty (50) more children. Lim: Trustee Caleel - April in Paris, the Library's Evergreen Series Spring Concert will be held on Sunday, April 18, 1999 at 4:00 p.m. in the Bath and Tennis Clubhouse. The concert features vocalist Claudia Hommel and is sponsored by the Friends of the Oak Brook Public Library. All are invited to this free concert, but reservations are required. Call the Library at 990 -2222 to reserve seating. The Friends' Fourth Annual Used Book Sale will be held from 1 -6 p.m. on Friday, April 23, 1999 and from 9:00 a.m. to 2:00 p.m. on Saturday, April 24, 1999 at the Bath and Tennis Clubhouse. This sale is in conjunction with the Village's collection management policy to dispose of materials removed from the Library collection. The Library Commission and staff are continuing to work with Carow Architects Planners in the final design phase of the new Library project. Staff representatives visited the Woodridge Library with the Village's project architect to better plan the final design. Youth Services spring programs in "Down on the Farm" have begun with Youth Librarian, "Miss Sue" taking the role of "Farmer Sue ". She is teaching new plant and animal life through stories and crafts. Reference staff attended continuing education courses on using the Internet as a reference tool. VILLAGE OF OAK BROOK Minutes 15 of 20 April 13, 1999 Reference and User Services Manager, Julie Adamski, received special commendation from the DuPage Library System (DLS) for her work in assisting DLS personnel in implementing and troubleshooting the automation cluster's acquisitions module (1998) and in establishing member procedures (1998 -99). A $500,000 McDonald's contribution was given to the Library Foundation on a $100,000 annual contribution basis. Mailings to our residents and then to the commercial residents will occur requesting contributions to the Library Foundation. The Library Foundation is meeting soon. The Board may increase the number of directors to include a representative from McDonald's and Friends of the Library. Trustee Caleel indicated $650,000 in firm commitments have been received as donations. President Bushy indicated the timing of the McDonald's donation was due to their waiting for the Library Foundation to receive a tax- exempt 501(c)(3) status. Police: Trustee Shumate - Patrol Officers Velia Torlo and Mark Kozlowski have completed their probation period and were sworn into permanent status on Thursday, March 18, 1999 in the Samuel E. Dean Board Room. Lieutenant Cavalier and Sergeant Borkovec went to the CALEA conference held in Denver, Colorado on March 17 -March 21, 1999 and attended training sessions. On Thursday, March 11, 1999, the D.A.R.E. Graduation occurred. The Brook Forest fifth grade students put on excellent skits. All students who participated in this program graduated and received a certificate of achievement and a D.A.R.E. medallion. Public Works and Planning & Zoning: Trustee Savino - Parkway and street restoration due to snowplow damage and water main breaks has started. Street division personnel are finishing up on the street sign inventory and maintenance program. Additionally, they have started storm sewer spring cleaning wherein they root -cut specific sections of storm sewers that have a history of tree root intrusion. Water division crews continue to conduct the annual distribution valve- turning program and residential water meter replacement program. Additionally, they are beginning to supply water to the City of Oakbrook Terrace for flushing and pressure testing purposes on their new water distribution system. If all goes well, this should be completed by the end of the month. Of a special note, Jim Heafer, the Water Department foreman, retired from Village services as of April 1, 1999. Jim was employed with the Village for more than 24 years and was promoted to the Water Foreman position in early 1991. He was a very knowledgeable, thoughtful and well -liked employee. He exemplified the meaning of "dedication" and will be difficult to replace. We wish him well. Equipment is beginning to be delivered to the Village's 31" Street Booster Station. Staff anticipates that work will begin within the coming days once all VILLAGE OF OAK BROOK Minutes 16 of 20 April 13, 1999 16 of the equipment is on -site. Completion of the project (to increase water pressure in the Saddle Brook, Midwest Club and Trinity Lakes subdivisions) is still slated for early May. A building permit.application has been submitted for 700 Commerce Drive and is undergoing review. The building will be five (5) stories in height and over 200,000 square feet in floor area. The owner is Hines, a Chicago -based company. (This is the old Eastern Air Lines property at the east end of Commerce Drive.) Planning and Zoning petitions are as follows: Barbara - 25 Breakenridge Farm - an Appeal of a Building Inspector Determination. A tentative solution to modify the masonry wall to bring it into compliance with the Ordinance has been developed. Staff hopes to finalize the details in the coming weeks. Village of Oak Brook Text Amendment - Restrictions on Parking of Certain Commercial Vehicles in Residential Districts. The Plan Commission and Zoning Board of Appeals have concluded their hearings on this issue, and their recommendations for approval will be on the Village Board April 27, 1999 agenda. Sprieser - 3423 Spring Road - Variation - Rear Yard Setback. The Zoning Board of Appeals concluded their hearing on this issue, and their recommendation for approval will be on the Village Board April 27, 1999 agenda. Villa e Clerk: Clerk Gonnella - For the April 13, 1999 Consolidated election, eighty (80) residents voted in- person in the Clerk's office from Monday, March 22, 1999 through April 10, 1999. Also, the Clerk's office processed ninety (90) applications for absentee ballots. To date, sixty -six (66) taxi driver license applications have been process as well as sixty -two (62) taxi cabs registered. Village President: President Bushy - The Information Services Department plans to complete any remaining Year 2000 testing and evaluation and initiate appropriate system upgrades for all I.S. equipment by the beginning of the second quarter. The recently hired Information Services Technician, Kim Walt, began work on April 5, 1999 and looks to be a fine addition to staff. A draft report on the high -level design phase is under staff review. Future phases will provide cost estimates for various alternatives to improve the network communications. Staff hopes to "pull out" a solution for communication improvements between fire stations without having to await the final report. Bid, contract and purchasing activities continue at a fast pace this month. Annual purchase orders are being created, multiple construction project, commodity and service contracts are specified and bid, and consulting proposals are received and negotiated. VILLAGE OF OAK BROOK Minutes 17 of 20 April 13, 1999 Concept design work by the architect continues for the Municipal Building project, which now includes Police, Fire Station #1, Engineering, Communications, Purchasing, Information Service and Emergency Management. On April 16, 1999, the Bath and Tennis Club will host an Italian Night beginning at 6:30 p.m. The buffet includes several Italian specialties. This event is open to all. The Bath and Tennis Club's Mother's Day Buffet is open to members only. There will be two seatings (one at 10:30 a.m. and the other at 1:30 p.m.). The second seating is almost filled at this point, so don't delay making reservations by calling 990 -3025 during the business day if you wish to attend. The Bath and Tennis Club Opening Cocktail Party is open to everyone and will be held on May 28, 1999 and will feature the Gentlemen of Leisure. 9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): A. REQUEST FOR TIME EXTENSION - 3824 YORK ROAD - ROCCA: Trustee Savino commented that the property needs to be cleaned. Village Manager Veitch indicated that would occur, as the property is purchased. Trustee Savino recused himself due to the business relationship he has had with Rocca jewelers and left the dais at 9:55 p.m. The Village Board, in October 1998, approved a set of five (5) ordinances that enabled the redevelopment of the old gas station property at 3 824 York Road. In four (4) of these ordinances, a condition was imposed requiring that Mr. Rocca take title to the property no later than January 31, 1999 with a stipulation that a time extension may be approved upon a showing of necessity. The Ordinances are: S -914 Approving the development Plan and Authorizing Issuance of a Certificate of Appropriateness S -915 Granting of a Special Use for a Drive -in Banking Facility S -916 Granting a Flood Plain Special Use S -917 Granting Variations The Village has received a request from John Romanelli, agent for Mr. Rocca, seeking a time extension. The reason given for the delay is the Forest Preserve District of DuPage County's consideration to VILLAGE OF OAK BROOK Minutes 18 of 20 April 13, 1999 MW TIME EXTENSION 3824 YORK ROAD ROCCA acquire the property, which was terminated on March 2, 1999. Mr. Romanelli estimates that the closing should be accomplished within about ninety (90) days. To allow for contingencies, an extension of six (6) months should be adequate. Motion by Trustee McInerney, seconded by Trustee Kenny, to grant the requested time extension and direct the Village Attorney to draft the necessary ordinance for action at the Regular meeting of April 27, 1999. VOICE VOTE: Motion carried with Trustee Savino absent. Trustee Savino returned to the dais at 9:57 p.m. B) AMENDMENT TO TAXI ORDINANCE: Regulation of taxi service in the Village began in 1982 with the licensing of American Taxi as the sole taxi company authorized to originate trips in the Village. There was established at that time a limitation on the number of licensed cabs, which was increased several times over the years in response to requests from the company and support from the hotels. In 1996, the Village revamped its approach to taxi regulation. The new ordinance authorized taxi company licenses and taxi driver licenses (there had been no licensing requirement for drivers or investigation of driver backgrounds under the prior ordinance) without limit as to number. The company licensing process involves registration of vehicles to be operated in the Village, which provides the means of inspecting and qualifying the cabs themselves. The Village elected to retain an aggregate limit on the number of cabs that could be registered. That limit has since been raised two more times as additional taxi companies have become licensed. The first such additional company was AAA Universal, which obtained its first company license in 1997. Very recently, 303 Transportation has obtained a company license. Now a fourth company, Courtesy Cab, has indicated a desire to apply for a company license. Clearly, the market is working to provide options for Oak Brook residents and visitors in terms of taxi service. After due consideration, staff involved in the licensing process sees no reason to maintain an artificial limit on the aggregate number of cabs registered by licensed companies for operation in the Village. Staff thinks the demand for service will dictate how many vehicles are actually operating at a given time. VILLAGE OF OAK BROOK Minutes 19 of 20 April 13, 1999 4 AMENDMENT TO TAXI ORDINANCE If the Board agrees that this limitation should be removed, it would be appropriate to authorize the Village Attorney to prepare an ordinance that would delete Sections 8 -61 and 8 -62 from the Code of Ordinances. Section 8 -61 established the limit and 8 -62 prescribes the procedure for changing it. Motion by Trustee Caleel, seconded by Trustee Savino, to direct the Village Attorney to draft the necessary ordinance that would delete Sections 8 -61 and 8 -62 from the Code of Ordinances. Section 8 -61 established the limit and 8 -62 prescribes the procedure for changing it. VOICE VOTE: Motion carried. 10. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None. 11. ADJOURNMENT: Motion by Trustee Savino, seconded by Trustee Caleel, to adjourn the meeting at 9:58 p.m. VOICE VOTE: Motion carried. ATTEST: Linda k. Gonnella, CMC /AAE Village Clerk bo1041399 VILLAGE OF OAK BROOK Minutes 20 of 20 April 13, 1999 ADJOURNMENT