Minutes - 04/22/2003 - Board of TrusteesMINUTES OF THE APRIL 22, 2003 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON MAY 13, 2003.
CALL TO ORDER: CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by
President Bushy in the Samuel E. Dean Board Room of the Village Commons
at 7:37 p.m. The Pledge of Allegiance was given.
IA. ROLL CALL: ROLL CALL
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Karen M. Bushy, Trustees Stelios Aktipis, George T.
Caleel, John W. Craig, Susan Chase Korin, Elaine Miologos and
Alfred P. Savino.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Michael A. Crotty,
Assistant Village Manager; Dale L. Durfey, Jr., Village
Engineer; Debra J. Jarvis, Fire Chief; Bruce F. Kapff,
Director of Information Services & Purchasing; Robert L.
Kallien, Jr., Director of Community Development; Darrell
J. Langlois, Finance Director; Richard A. Martens, Village
Attorney; Ruth A. Martin, Library Director; Michael J.
Meranda, Public Works Director; Allen W. Pisarek, Police
Chief, Bonnie Sartore, Bath & Tennis Club Manager;
Trey VanDyke, Golf Club Manager; Fire Department
Battalion Chiefs James Bodony, Robert Morton and
Robert Cronholm; Firefighter /Paramedics Kevin Fleege
and Scott Harris; Daniel Ramirez, K -9 Officer; John
Verdera, Detective; Police Sergeants Randy Mucha and
Marc DeLise and Police Officers Velia Torlo, Robert
Christopherson, Thomas Russell and John Jacobs.
ALSO IN ATTENDANCE: K. Sue Sanford, Board of Fire & Police
Commissioners Chairman and Robert G. Sanford, Zoning
Board of Appeals
2. ADJOURN TO CLOSED MEETING: To consider litigation, when an action ADJRN - CLSO MTO
against, affecting or on behalf of the Village has been filed and is pending
before a court or administrative tribunal.
President Bushy indicated that the Village Board would not adjourn to a closed
meeting as there isn't any information to at this time.
VILLAGE OF OAK BROOK Minutes Page 1 of 15 April 22, 2003
16,
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ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE
A. POLICE CHIEF'S RECOGNITION AWARD PLCCHF - RECOG
AWARD
Police Chief Pisarek presented to Sgt. Randy Mucha the Chief's
Recognition Award. The Chief's Recognition Award is granted to a
department member who has gone far beyond the requirements of his
normal assignment to contribute to a more effective police service and has
brought recognition to the department During 2002, the Oak Brook Police
Department was awarded third place in its category in the Illinois Chief's
Challenge and third place in the International Chief's Challenge. These
programs recognize police departments in their efforts to reduce personal
injury and death in motor vehicle crashes, through education, enforcement
and training. Sgt. Mucha worked for several months gathering information
and preparing booklets on our department policies, documentation of
officer's training, public information efforts, reports on enforcement activity
and statistical information.
These booklets were then submitted to the Chief Challenge Committees.
Sgt. Mucha also heads the "CLICK IT OR TICKET" Campaign and
encourages officers to participate in this program. Sgt. Mucha thanked the
chief for this recognition and acknowledged department officers for their
efforts which won the awards for the department. In addition to the
certificate, Sgt. Mucha received the Chief's Recognition Award Medal.
President Bushy recognized Kevin Quinlan, who was newly elected as the
Village President and Asif Yusuf, elected as Village Trustee. She
announced that everyone is welcome to attend the April 28`h installation
ceremony of the newly elected officials at the Oak Brook Bath & Tennis
Club.
Trustee Caleel presented a check for $100,000 to President Bushy from the
Library Foundation for the new Oak Brook Public Library. President Bushy
also acknowledged receiving a $5,000 donation to the Library from
National City Bank.
William Lindeman, 11 Pembroke Lane, acknowledged that he was able to
check out from the Library a videotape of the last Village Board meeting
and thanked the Board for this service. He noted that the Board discussed
the unanticipated overtime of $86,000 in the Fire Dept. and inquired if staff
is reviewing how this cost may be reduced? President Bushy stated that the
overtime was due to sick leave and it may not be discussed due to labor
negotiations with firefighter /paramedics at this time.
VILLAGE OF OAK BROOK Minutes
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Page 2 of 15 April 22, 2003
4. APPROVAL OF MINUTES: MINUTES
i1
Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Minutes BOT - 3 -25 -03
of the Regular Board of Trustees Meeting of March 25, 2003 as presented and
waive the full reading thereof. VOICE VOTE: Motion carried.
Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Minutes SPEC BOT — 04 -14 -03
of the Special Board of Trustees Meeting of April 14, 2003 as presented and
waive the full reading thereof. VOICE VOTE: Motion carried.
CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will
be enacted in one motion.
Trustee Miologos asked that Agenda Items 5 A. 5), 6), 7) and 5. C.1) be
removed from the Consent Agenda for further discussion.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the Consent
Agenda as amended and that the Board has determined that the circumstances
necessitating the change orders were not reasonably foreseeable at the time the
contract was signed and that the change orders are in the best interest of the
Village and are authorized by law. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. APPROVAL OF BILLS - $662,517.76
Significant items included above:
1) DuPage Water Commission - $177,990.26
2) Civiltech Engineering, Inc. — Payout #14 — York/Harger
Bicycle/Pedestrian Path Phase II - $21,418.36
3) Civiltech Engineering, Inc. — Payout #15 — York/Harger
Bicycle/Pedestrian Path Phase II - $24,378.12
4) Earth Tech, Inc. — Payouts #l, 2 & 3 — GASB 34 - $25,453.92
5) J & R Number One in Asphalt, Inc. — Payout #4 — Municipal Complex
Project - $10,522.14
6) Harbour Contractors, Inc. — Payout #26 - Municipal Complex Project -
$44,559.79
7) Mid -State Surety (Air Dynamics) — Payout #4 - Municipal Complex
Project - $17,928.00
8) Water Resources, Inc. — Payout #1 — AMR System - $101,648.05
VILLAGE OF OAK BROOK Minutes Page 3 of 15 April 22, 2003
C. AGENDA
APVL BLS -
$662,517.76
Removed for further
disc.
Removed for further
disc.
Removed for further
disc.
C,
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING APRIL 12, APV PYRL -
S481,873.1 5
2003 - $481,873.15
C. CHANGE ORDERS:
1) PAVING CHANGE ORDER #'S 4, 5 & 6 — J & R NUMBER ONE IN REMOVED.
ASPHALT - MUNICIPAL COMPLEX PROJECT - $11,691.11 —
REVISED TOTAL CONTRACT AMOUNT - $207,973.61. Removed
from the Consent Agenda for further discussion.
D. REFERRALS:
REFERRALS
1) ATHLETICO — 625 ENTERPRISE DRIVE — VARIATION — 625 ENTERPRISE DR
- VARIATN -
STORMWATER ORDINANCE REFER TO ZONING BOARD OF STRMwTR
APPEALS FOR PUBLIC HEARING ON MAY 6, 2003
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE BIDS- PROP -NEG
CONTRNT
CONTRACTS: None.
F. ACCEPT AND PLACE ON FILE TREASURER'S REPORT MARCH, TREAS RPT - 03 -03
2003
G. DUPAGE METROPOLITAN ENFORCEMENT GROUP — ANNUAL DUMEG CONTR -
$23,232.00
CONTRIBUTION - $23,232.00
ITEMS REMOVED FROM CONSENT AGENDA: RMVD C AGNDA
J &RASPLT
PAYOUT-CHNG
Trustee Miologos asked for an explanation of these agenda items together ORDRS4,5 &6
5.A.5) and 5.C.1). Purchasing Director Kapff explained the process to the
Board.
Motion by Trustee Miologos, seconded by Trustee Korin, to approve 5.A.5, J &
R Number One in Asphalt, Inc. — Payout #4 — Municipal Complex Project -
$10,522.14. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Motion by Trustee Miologos, seconded by Trustee Caleel, to approve 5.C.1),
Paving Change Order #'s 4, 5 & 6 — J & R Number One in Asphalt — Municipal
Complex Project - $11,691.11 — Revised Total Contract Amount - $207,973.61.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes
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Page 4 of 15 April 22, 2003
6. Trustee Miologos asked if Harbour Contractors had submitted in writing the
Village's requests of clarification of change orders costs and when the project
will be completed. Director Kapff responded that he had recently met with
Village Manager Boehm to explain the response by Harbour Contractors and
Earth Tech., Inc.
Village Manager Boehm explained that Director Kapff has given him details of
this process and a meeting is planned to discuss with Harbour Contractors, Inc.
and Earth Tech for a timeline of the project in regards to what items are for
change and what payouts are necessary. It is planned that a final detail will be
presented to the subcommittee and then finally to the Village Board.
Trustee Caleel requested Director Kapff respond to the Change Order #100,
"delete wooden fence ", for a cost of $6,098.00. Purchasing Director Kapff
explained they were deleting what was in the original contract for the fence.
He explained that the fence cost had increased and the sight lines had increased
from 8 to 10 ft. for the fence. He will investigate this further and report to the
Board. The Board requested that the subcommittee meet before the May 13`"
Village Board meeting.
Motion by Trustee Miologos, seconded by Trustee Aktipis, to approve 5.A.6,
Harbour Contractors, Inc. - Payout #26 - Municipal Complex Project -
$44,559.79. & 5.A.7, Mid -State Surety (Air Dynamics) - Payout #4 -
Municipal Complex Project - $17,928.00. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
7. BOARD & COMMISSION RECOMMENDATIONS:
A. OAKBROOK SHOPPING CENTER, LLC - ROUTE 83 AND 22ND
STREET - TEXT AMENDMENTS TO TITLE 13 OF THE VILLAGE
CODE AND SPECIAL USE TO FACILITATE THE CREATION OF A
SPECIALTY RETAIL PROGRAM TO BE LOCATED THROUGHOUT
THE INTERIOR COMMON AREAS OF THE OAKBROOK SHOPPING
CENTER
Plan Commission and Zoning Board of Appeals Recommendations - Text
Amendments - The Plan Commission by a vote of 5 to 0, and the Zoning
Board of Appeals by a vote of 5 to 0, have recommended approval of the
request from the property owner, Oakbrook Shopping Center LLC for a text
amendments to the Zoning Ordinance to facilitate the creation of a Specialty
Retail Program to be located throughout the interior common areas of the
Oakbrook Center. Specifically, the request seeks amendments to Sections
13 -2 -2, 13 -7 -3 and 13 -713-2 (underlined for additions, strikethrough for
deletions):
VILLAGE OF OAK BROOK Minutes Page 5 of 15 April 22, 2003
0
BD /COMM RECOM
OAKBROOK CTR -
I T AMNDMNTS -
SPEC USE
7. A.
1. Section 13 -2 -2 Definitions: Add Specialty Retail Program — one or
more of the following uses and structures, when located within
designated interior areas of a shopping center, in districts where
permitted as a special use, and where authorized as a special use: a)
permanent pavilions and kiosks for the preparation, sale and
consumption of food and beverages, including adjacent outdoor seating;
b) permanent pavilions for providing customers with information and
assistance gift certificates, strollers /wheel chairs and similar services; c)
seasonal portable carts for the sale of pre - packaged food and beverages,
including adjacent outdoor seating; d) seasonal merchandising zones
containing a defined number of portable carts selling primarily non -food
merchandise and packaged food gift items not intended for immediate
consumption; e) defined zones for product introduction or promotional
activities such as demonstrations and fashion shows; f) entertainment
and performance zones including tables and chairs; and g) enclosed and
unenclosed children's play areas. Seasonal shall mean that weather
permits the operation of the portable carts.
2. Section 13 -7 -3A: Add approved Specialty Retail Programs and exempt
them from the requirement that all goods produced on the premises shall
be sold on the premises where produced.
3. Section 13 -7 -3B: Replace reference to seasonal portable carts serving
limited menu food and/or beverage items with approved Specialty Retail
Programs.
4. Section 13 -7B -2: Add and Specialty Retail Programs.
5. Section 13 -7B -2: Amend text Seasoner able ^
limited foods „a/ ^r beverage items Specialty Retail Programs in
outdoor areas of a shopping center as a convenience to pedestrian
shoppers, provided: (1) all aspects of the operation and sales meet the
applicable requirements of the DuPage County Health Department: and
(2)_^^t* leeat e Specialty Retail Program facilities have appropriate
utilities provided, are not convenient to drive -up business, and do not
materially interfere with access to or visibility of other establishments
within the shopping center.
In making this recommendation, the Zoning Board of Appeals concurred
with the Plan Commission finding that the petitioner has satisfactorily
addressed the applicable factors for approval of text amendments to the
Zoning Ordinance.
Special Use — The Plan Commission by a vote of 5 to 0, and the Zoning
Board of Appeals by a vote of 5 to 0, have recommended approval of the
request from the property owner, Oakbrook Shopping Center LLC for a
special use in the B -2 District (Section 13 -7B -2) for the proposed Specialty
VILLAGE OF OAK BROOK Minutes Page 6 of 15 April 22, 2003
N
7. A. Retail Program to be located throughout the interior common areas of the
Oakbrook Center.
The petitioner is seeking a special use in Section 13 -7B -2 for the proposed
Specialty Retail Program. As proposed by the petitioner, the Specialty
Retail Program will be implemented over two phases with the second phase
dependent upon the success of the first phase. In making this
recommendation, the Board found that the petitioner has satisfactorily
addressed the factors as required by the Zoning Ordinance for approval of a
special use subject to the following conditions:
1. The development shall be in substantial conformance with the plans
as submitted.
2. The food pavilion originally planned for the turnaround area has
been moved to an area adjacent to the Express Store.
3. The 17 conditions listed in the attachment found on pages 16.4 of
the case file with a modification to condition #6 to read, "at the
close of each operating season, carts and mobile units shall be stored
in a completely enclosed building within Oakbrook Center."
4. Add a condition #18 to read, "The goods marketed and sold through
the Specialty Retail Program will not be materially different
character or quality than the goods sold throughout the remainder of
the property."
In recommending approval of this request, the Zoning Board of
Appeals concurred with the findings of the Plan Commission and
found that the petitioner has satisfactorily addressed the factors
required for approval of a special use. In particular, it was found
that this request was in keeping with the neighborhood and would
not affect the public health, safety and welfare in the area.
General Manager, Chuck Fleming, of the Oakbrook Center, explained to the
Village Board their proposed project. He introduced the team that has
presented their project to the Village: Suzanne Beres, Marketing Manager,
Oakbrook Center; Susan Houck, Regional Manager, Retail Marketing, The
Rouse Company (ownership of the Oakbrook Center) and Danielle Cassel,
Attorney, Piper Rudnick. He projected $1,000,000 annually in gross sales
from this proposed project.
The Board members then asked questions of the petitioners. Trustee Korin
questioned the concept of the proposed children's play area as a huge
liability for the center. Trustee Miologos requested that only Phase I be
accepted at this time and she requested a walk through of the shopping
center to better understand the proposed project. Mr. Fleming explained
that the second phase only involves the children play area concept and two
kiosks.
VILLAGE OF OAK BROOK Minutes Page 7 of 15 April 22, 2003
k
7. A. He requested approval of both phases, as they will not proceed with phase
two if the first phase is not successful. Trustee Korin also requested more
time to review the proposal due to time constraints from the holiday
weekend.
Motion by Trustee Miologos, seconded by Trustee Korin, to table Agenda
Item 7. A. Oakbrook Shopping Center, LLC — Route 83 and 22 "d Street —
Text Amendments to Title 13 of the Village Code and Special Use to
Facilitate the Creation of a Specialty Retail Program to be Located
Throughout the Interior Common Areas of the Oakbrook Shopping Center.
ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Miologos.
Nays: 1 - Trustee Savino.
Absent: 0 - None. Motion carried.
8. ACTIVE AGENDA (Items for Final Action):
A. CONFIRMATION OF APPOINTMENTS: None
B. ORDINANCES & RESOLUTIONS:
ACTIVE AGENDA
1) ORDINANCE 2003 -CB -G -718, "AN ORDINANCE PROVIDING FOR ORD 2003-CB-G-718
& ORD 2003 -AG-
THE FRANCHISING AND REGULATION OF CABLE TELEVISION CB- ExI -S- , CBL TV
SYSTEMS IN THE VILLAGE OF OAK BROOK, ILLINOIS." FRNCHS
2) ORDINANCE 2003- AG- CB -EXI -S -1035, "AN ORDINANCE ORD o3- AG- CB -ExI-
S -1035 , APRV CBLE
APPROVING A NON - EXCLUSIVE CABLE TELEVISION FNCHSE AGR
FRANCHISE AGREEMENT AND AUTHORIZING THE
EXECUTION THEREOF."
The existing cable television franchise agreement between the Village
and Comcast Cablevision of Illinois is set to expire on June 8, 2003.
The original agreement was executed in June of 1987 for a term of 15
years. In May of 2002, the Village Board adopted an ordinance
extending the expiration of the agreement for one year in order to allow
time for staff and Comcast to complete the negotiation process. The
extension was necessary since Comcast was in the process of acquiring
the franchise from AT &T Broadband at that time.
Over the past eight months, staff has been working with Dr. Barry
Orton, cable consultant and acknowledged midwest expert in this field,
to draft the Cable Television Franchise Ordinance, and negotiate the
terms of the franchise agreement between the Village and Comcast.
That work is now complete, and staff is recommending that the Village
Board adopt the franchise agreement and enabling ordinance.
VILLAGE OF OAK BROOK Minutes Page 8 of 15 April 22, 2003
8. B. 2) The Ordinance sets forth the general terms and conditions applicable to
any cable television franchise holder. Key provisions of the Ordinance
include:
• The right to construct, operate and maintain the infrastructure
necessary for the maintenance and operation of a cable system.
• The establishment of a maximum term of fifteen years from the
date of execution of any agreement.
• Language requiring substantially equivalent terms, conditions and
requirements for multiple franchise holders in terms of payments,
facilities, equipment, services and regulatory requirements.
• Provision of an irrevocable letter of credit, performance bond or
other financial instrument to serve as security in the amount of
$25,000.
• The inclusion of revenues collected from high -speed cable modem
or cable Internet service in the definition of "Gross Revenues"
should these services be re- classified by the FCC from an
"information service" to a "cable service ". The significance would
be to ensure that these revenues are included for purposes of
calculating the franchise fee payable to the Village in the event the
FCC allows.
• Guidelines and timetables concerning new system construction.
• System design and installation standards, including time limits on
burying service drops and cable.
• Customer service standards concerning telephone inquiries and
assistance, bill payment, installations, subscriber credit for outages,
continuity of service, etc.
• Establishment of a franchise fee in the amount of 5% of gross
revenues.
• The provision of at least three specially designated, non-
commercial public, educational and governmental (PEG) access
channels. The flexibility to expand services and facilities to receive
educational and/or governmental access programming.
• Notice and hearing provisions for franchise violations.
The franchise agreement sets forth the specific terms and conditions of
an individual franchise holder (in this case, Comcast Cablevision of
Illinois, Inc.), and key provisions include:
• The granting of a non - exclusive right to construct, operate, maintain
and extend its cable system, and to use and occupy the public ways
of the Village for these purposes.
• A franchise term of 10 years.
• Payment of a franchise fee in the amount of 5% of gross revenues
(the existing agreement calls for a fee in the amount of I%).
VILLAGE OF OAK BROOK Minutes Page 9 of 15 April 22, 2003
7�
• Provision of one free standard installation of basic service to
Village facilities and all public and private schools in the Village.
• System design standards including a minimum number of channels
(100), backup power, periodic testing and compliance with FCC
standards.
• Installation standards including time frames for burying service
drops and cable.
• Customer service standards including annual notification of prices,
services, options and policies; billing; telephone service;
installation, outages and service calls.
• A listing of franchise violations, hearing and notice provision, and
the damages to be assessed in the event that violations are deemed
to have occurred.
Dr. Barry Orton, representing the Village, and a representative from
Comcast was in attendance of the meeting. Dr. Orton addressed the
Board with the options the Village may have to address the terms of the
franchise agreement between the Village and Comcast.
President Bushy mentioned that Comcast is a major tenant in a building
she owns.
Motion by Trustee Savino, seconded by Trustee Caleel, that the Village
Board adopt Ordinance 2003 -CB -G -718, "An Ordinance Providing for
the Franchising and Regulation of Cable Television Systems in the
Village of Oak Brook, Illinois." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried
Motion by Trustee Savino, seconded by Trustee Aktipis, to approve
Ordinance 2003- AG- CB -EXI -S -1035, "An Ordinance Approving a
Non - Exclusive Cable Television Franchise Agreement and Authorizing
the Execution Thereof." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 10 of 15 April 22, 2003
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8. B. 3 RESOLUTION 2003- AG -TX- PRPTY -EXI -R -843 , "A RESOLUTION RES 2003- AG -TX-
PRPTY -EXI -R -843 -
AUTHORIZING EXECUTION OF REAL ESTATE SALE AUTH RL ESTATE
CONTRACT (A PORTION OF LOT 5 — SPORTS SL
CORE/WESTCHESTER PARK SUBDIVISION)"
A sealed offer to enter into a real estate sale contract for a portion of
Lot 5 in the Sports Core/Westchester Park Subdivision was opened on
Friday, April 4, 2003.
Dr. Samuel Vinci, owner of the remaining portion of Lot 5, submitted
the only offer. He offered a sale price of Sixty Thousand Dollars
($60,000.00), the appraised value of this property. This Contract is in
substantial conformity with the form of real estate sale contract which
was included in the Offeror's Package. Dr. Vinci has submitted an
earnest money check in the amount of Six Thousand Dollars ($6,000.00)
as required under the terms of the Real Estate Sale Contract. A two -
thirds (2/3) vote of the corporate authorities holding office is required to
pass the Resolution.
Motion by Trustee Korin, seconded by Trustee Caleel, that the Village
Board approve Resolution 2003- AG -TX- PRPTY -EXI -R -843, "A
Resolution Authorizing Execution of Real Estate Sale Contract (A
Portion of Lot 5 — Sports Core /Westchester Park Subdivision) ". ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Miologos.
Nays: 0 - None.
Absent: 1 - Trustee Savino. Motion carried.
4 RESOLUTION 2003 -AG -EXI -R -844, "A RESOLUTION RES 03-AG- EXI -R-
844 - AUTH AGR -
AUTHORIZING EXECUTION OF AGREEMENT FOR PRSCTN - TRAF &
PROSECUTION OF TRAFFIC AND MUNICIPAL ORDINANCE MUN ORD VIOL
VIOLATIONS"
The resolution authorizes execution of a new agreement with Linda
Pieczynski to prosecute traffic and municipal ordinance violations for
the Village. The Village initially retained Ms. Pieczynski as of March 1,
1995. The arrangement was renewed annually through 1999, with
subsequent years being two -year contracts. The current agreement
expires April 30, 2003.
The proposed agreement, which is an exhibit to the resolution, reflects
an increase in the charge per two -hour court session from $148 to $160
(8.1 % increase) and an increase in the rate per quarter hour in excess of
two hours from $26.25 to $28.00 (6.67% increase). The rate for
consultation, research and trial preparation increases from $105 to $112
(6.67% increase) per hour.
VILLAGE OF OAK BROOK Minutes Page 11 of 15 April 22, 2003
8. B. 4) The Village uses an average of 2.5 to 3 hours per month for such
additional services, including the time associated with seminars on new
developments in the law that Ms. Pieczynski delivers to the Police
Department each year. There have been no interim fee increases in our
prior agreements and the fees proposed in the new agreement would be
effective for the entire two -year term as well.
Motion by Trustee Caleel, seconded by Trustee Korin, that the Village
Board approve Resolution 2003- AG -EXI -R -844, "A Resolution
Authorizing Execution of Agreement for Prosecution of Traffic and
Municipal Ordinance Violations." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
5) RESOLUTION 2003- SD -FP -R -845, "A RESOLUTION APPROVING RRESTATDED -RN -845
AN AMENDED AND RESTATED FINAL PLAT (YORKSHIRE PLT - YORKSHIRE
GLEN OF OAK BROOK RENAMED TO TUSCAN WOODS GLEN To TUSCAN
WDS SUB
SUBDIVISION)"
The Resolution approves an Amended and Restated Final Plat of Tuscan
Woods Subdivision, formerly known as Yorkshire Glen of Oak Brook.
The plat also renames Glen Court to Tuscan Court.
Motion by Trustee Miologos, seconded by Trustee Caleel, that the
Village Board pass Resolution 23003- SD -FP -R -845, "A Resolution
Approving an Amended and Restated Final Plat (Yorkshire Glen of Oak
Brook Renamed to Tuscan Woods Subdivision)." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS:
1) 2003 PAVEMENT REJUVENATION PROJECT
The Village Board, at its February 25, 2003 meeting, waived bidding
due to sole source, and authorized staff to negotiate a contract with
Boecker to perform the Village's 2003 Pavement Rejuvenation Project.
This year's pricing remained the same as the pricing for 2002. The
project will include an estimated area of 142,395 square yards. Services
to be provided include the supply and application of Reclamite
preservative seal, limestone as field conditions require, distribution of
resident notification letters and traffic control as required.
VILLAGE OF OAK BROOK Minutes
M,
Page 12 of 15 April 22, 2003
AWARD CT
8. C. 1) Motion by Trustee Miologos, seconded by Trustee Caleel, that the
Village Board approve a negotiated contract with Boecker Road
Maintenance, 190 East Fifth Avenue, Naperville, Illinois 60563 at a unit
price of $0.42 per square yard of Reclamite for a total estimated project
price of $59,805.90. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
9. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT:
President Bushy explained the previous meetings of the meter reading
project. Presently, the Hinsdale Sanitary District has begun printing a $.56
charge by the Village on their invoices to our residents. To date the Village
is still negotiating with the District regarding meter reading as Nicor no
longer reads our meters. Anyone wishing to comment regarding this fee
should be made to the Hinsdale Sanitary District.
Trustee Savino asked if a letter could be sent from the Village Attorney
regarding their printing of these charges. Attorney Martens indicated a
letter could be sent from the Village Manager to the District regarding our
concern.
Trustee Craig asked for an update of the separation of charges when water is
used for lawn irrigation. Assistant Village Manager Crotty stated the
Village has tried consistently to address this issue but the District has not
responded. Trustee Craig asked that the new Village Manager include this
discussion in the meter reading negotiations.
President Bushy noted the DuPage Mayors and Managers Conferences
Legislative Committee met today to discuss bills in Springfield that will
affect municipalities as they will be participating in the Springfield
drivedown on Lobby Day. She noted legislation that will affect Oak Brook
such as the Firefighter Widows Pension. IMRF may increase to 13% of
payroll in 2005. She also mentioned DuPage County Chairman
Schillerstrom's attempt to divert $75,000,000 of the DuPage Water
Commission sales tax revenues to be used for county government programs.
She participated in an editorial review with the Daily Herald and other
mayors to explain their view of this issue.
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9. B. VILLAGE MANAGER:
Manager Boehm announced that earlier today, Assistant Village Manager,
Michael Crotty, has accepted the Assistant Village Manager position with
the Village of Wilmette. He will serve the Village through the middle of
May and thanked him for his years of service to the Village. Assistant
Village Manager Crotty thanked the Board and residents for his years with
the Village. President Bushy also commended him for his years of service.
10. DEPARTMENTAL REPORTS —QUARTERLY REPORTS:
The Quarterly Reports were accepted as presented and placed on file.
11. UNFINISHED AND NEW BUSINESS:
President Bushy commended the dedicated service of Al Savino as Chairman of
the Zoning Board of Appeals, member of the Plan Commission and then as
Village Trustee. She reflected on her career noting the Five Year Financial
Plan, changed to an annual Budget, refunded $700,000 to 251 water customers
who had been overcharged, hired a certified public accountant as the Finance
Director, and hired an actuary for both pension funds as well as money
managers. Started a bike path in 1976, established a committee, and completed
the system last year, produced a Roadway Maintenance Plan and completed the
bike path system. The Village became a full waiver community in 1992 as part
of the Stormwater Ordinance, improved 22 "d Street and York Road and worked
to acquire the Elmhurst Quarry for stormwater control. In economic
development brought in CLTV News Station and the Chicago Tribune
operation, Rich Melman's restaurants, staff updated the zoning ordinances,
outdoor dining and revised liquor ordinance. The Village retained the
McDonald's Corporation when they had planned to leave. Village residents
were addressed by our Village newsletter, included a public section of the
Board meetings, mail drop box for incoming mail postage free, meet regularly
with homeowner presidents, implemented Reverse 911 and police protect the
park district and have included their employees in the Village's health
insurance. The Village began receiving 100% Lake Michigan water, instituted
a program to LOCATE and exercise all of our water main valves. Bought and
display flags on 22"d street and implemented new street signs. Sports Core
property included redesign of both clubhouses, implementation of irrigation
system on golf course, paved golf cart paths and c -wall of the ponds on the
course. In Public Safety, the Police Department received CALEA Certification
(Commission on Accreditation of Law Enforcement Agencies), K -9 Unit,
Citizens Police Acadedmy, DUMEG, DARE, FIAT and AEDS were installed
in all public buildings. Implemented a new Purchasing and Information
Services Department.
VILLAGE OF OAK BROOK Minutes Page 14 of 15 April 22, 2003
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11. For Emergency Management, completion of the new EOC (Emergency
Operating Center), implemented monthly disaster team meetings and have
participated in the DuPage Emergency Management Team for five years. She
noted her participation in the annual employee recognition dinner, her trustee
position in the police pension board and firefighter's pension board. She ended
with her comment that she is confident that Oak Brook is now the vision that
Paul Butler had hoped for in his beloved community.
Trustee Savino thanked all of the Village employees, staff and appreciated their
input and counsel. He congratulated the newly elected officials and he wished
the new Village Manager well.
12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS:
13. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting
at 11:00 p.m. VOICE VOTE: Motion carried.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 15 of 15 April 22, 2003
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