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Minutes - 04/24/2001 - Board of Trustees (2)2. 3. VILLAGE OF OAK BROOK Minutes April 24, 2001 APPROVED AS WRITTEN BY VILLAGE BOARD ON May 8, 2001. MEETING CALL: 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 7:30p.m. Pledge of Allegiance was given. ROLL CALL: ROLL CALL The Village Clerk called the roll with the following persons PRESENT: President Bushy, Trustees, Butler, Caleel, Craig, Kenny, McInerney and Savino. ABSENT: None. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant Village Manager; Dale L. Durfey, Jr. Village Engineer; Robert L. Kallien, Jr., Director of Community Development; Darrel J. Langlois, Finance Director; Debra J. Jarvis, Fire Chief, Bruce F. Kapff, Director of Information Services & Purchasing; Darrell J. Langlois, Finance Director; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director; Allen W. Pisarek, Police Chief; Bonnie Sartore, Bath & Tennis Club Manager ; Trey VanDyke, Golf Club Manager; Gail Peterka, Communications Center; Trustee Elect Susan Chase Korin and Trustee Elect Elaine Miologos. ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE Trustee Caleel commented on the Illinois Senate passage of bills that allow the Park District and the School District to assess taxes without going to referendum. He asked Village Manager Veitch to comment on this subject. Village Manager Veitch distributed a copy of the Daily Herald newspaper article on this topic. One bill is sponsored by Senator Rauschenberger and the other bill sponsored by Senator Philip. SB22 appears to allow school districts to issue bonds and increase tax rates for specific purposes such as school building life safety without going to referendum and outside the tax cap. SB 1171 allows a select group of suburban park districts, including six in DuPage County, to levy based on debt levels as of 1991 rather than 1994. Park districts that had outstanding debt at that time (1994) were permitted by law to borrow the amount retired and keep it revolving. The sixteen park districts who were treated unfairly are now able to go back and pick up a debt level equivalent to that which they were carrying in 1991 outside the limitations of the property tax cap law. Both bills have passed the Senate and were assigned to the House Revenue Committee. VILLAGE OF OAK BROOK Minutes Page 1 of 11 April 24, 2001 4. APPROVAL OF MINUTES: MINUTES BOT 04/10/01 Motion by Trustee McInerney, seconded by Trustee Caleel, to approve the minutes of the Regular Board of Trustees Meeting of April 10, 2001 as presented and waive the full reading thereof. VOICE VOTE. Motion carried. 5. CONSENT AGENDA: Items on the Consent Agenda were routine in nature and enacted in one motion. No one requested a separate discussion of an item for removal from the Consent Agenda. APPROVAL A. APPROVAL OF BILLS - $795,179.46 (total) BILLS - $795,179 46 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING PAYROLL - APRIL 14, 2001 - $450,367.92 (total) $450,36792 C. APPROVAL OF CHANGE ORDERS: 1) CHANGE ORDERS #2 - #5 - BATH & TENNIS CLUBHOUSE B &T RENOV RENOVATION AND EXPANSION EXPANSION 2) CHANGE ORDER #1 - KITCHEN REMODELING - FIRE KITCHEN qTA TTON #7 FIRE STN #2 D. APPROVAL OF PAYOUTS: 1) EARTH TECH, INC. - PAYOUT #9 - MUNICIPAL COMPLEX MNCPL PROJECT - $14,015.08 CMPLX PRJ 2) CIVILTECH ENGINEERING, INC. - PAYOUT #26_ - YORK/HARGER YORK /HARGER BIKE TRAIL - $3,010.37 BIKE TR 3) HARBOUR CONTRACTORS, INC. - PAYOUT #3 - LIBRARY LIB PRJ PROJECT - $67,685 00 4) HARBOUR CONTRACTORS, INC. - PAYOUT #2 - MUNCPL MUNICIPAL COMPLEX PROJECT - $49,702.49 CMPLX PRJ 5) P WALKER BROTHERS, INC. - PAYOUT #2 - SPORTS SPRTS CORE/ CORE /WESTCHESTER PARK SUBDIVISION - LAND WSTCHSTR PK MODIFICATION IMPROVEMENTS - $30,222.00 SUBDIV 6) SIGALOS & ASSOCIATES, LTD. - PAYOUT #3 - BATH & B & T TENNIS CLUBHOUSE RENOVATION - $216,047.00 RENOVATE VILLAGE OF OAK BROOK Minutes Page 2 of 11 April 24, 2001 5. 63 7. E. APPROVAL OF REFERRALS: None. F. APPROVAL OF AUTHORIZATION TO SEEK BIDS OR AA nUnc A T c 1) AUTHORIZATION TO NEGOTIATE ONE -YEAR CONTRACT JANITOR FOR JANITORIAL SERVICES CNTRCT 2) UNDER -BODY SCRAPERS (SNOWPLOWS) AND DUMP PUB WKS BODIES FOR UNITS #505 & #605 - PUBLIC VEHICLES WORKS VEHICLES G. RESOLUTION #2001- PD -OF -R -772, A RESOLUTION RES #O1 -PD- AUTHORIZING CONSTRUCTION ACTIVITIES FROM 7:00 A.M. OF -R -772 TO 8:00 A.M. ON SATURDAYS (TIMBER CONST HRS TRAILS SUBDIVISION) TMBER TR H. APPROVAL TO ACCEPT AND PLACE ON FILE - TREASURER'S TREAS RPT REPORT OF MARCH, 2001 03/01 Motion by Trustee Caleel, seconded by Trustee Savino, to approve the Consent Agenda as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. ITEMS REMOVED FROM CONSENT AGENDA: None. ACTIVE AGENDA (Items for Final Action): A. APPOINTMENTS: 1) Board of Fire & Police Commissioners FIRE & POL 2) Plan Commission PLAN COMM 3) Police Pension Board POL PENSN Motion by Trustee Savino, seconded by Trustee Kenny, to concur with the recommendation of President Bushy to reappoint Daniel Letizia to the Board of Fire and Police Commissioners, with his 3 -year term expiring in May, 2004; to reappoint Stephen C. Allen to the Plan Commission, with his three -year term expiring in May, 2004 and to reappoint Karen M. Bushy to the Police Pension Fund Board, with her two -year term expiring May 13, 2003. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 3 of 1 I April 24, 2001 7. B. ORDINANCES & RESOLUTIONS: 1) RESOLUTION #2001 -TX- PRPTY -EXP -EX3 -R -773, A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT, DEED AND RELATED CLOSING DOCUMENTS FOR THE SALE OF MUNICIPAL PROPERTY TO THE COUNTY OF DUPAGE (APPROXIMATELY 4.2 ACRES IN THE OAK BROOK SPORTS CORE ALONG AND ADJACENT TO 31 ST STREET, OAK BROOK, IL 60523) The compensation payable to the Village has increased from $845,063 in the original agreement to $984,921 in this agreement, an increase of about 16.5 percent. The change results from new appraisals and additional negotiations between Village and County staff. The compensation payable to the Sports Core Fund increases 14 percent from $837,638 to $954,868. The compensation payable to the General Corporate Fund for temporary easements on the Village Commons site increases from $7,425 to $30,053 due to the new appraisals. The agreement retains the provision negotiated as a result of direction given by the Village Board on November 11, 1997 with respect to the intersection of 31s' Street and Spring Road. On that date, the Village Board opted to retain the existing turning restrictions and gate and forego the installation of a traffic signal with this project. The Board further directed the Village Manager to negotiate the most favorable terms possible under which the traffic signal could be installed at a later date if requested by the Village. The agreement includes the resultant provision for the traffic signal and related items to be constructed by the County, at the Village's option (the "subsequent project "). The Village may exercise its option any time between one year and two years after the completion of the initial project. The subsequent project includes acquisition of right -of -way, construction of the right turn lane from northbound Spring Road to eastbound 31 st Street and installation of the traffic signal, including preemption equipment. All project costs are subject to the 50:50 cost - sharing arrangement. The initial project includes a left turn lane from westbound 31 st Street to southbound Spring Road. There will be an opposing left turn lane (for entering the Municipal Complex), and the westbound to southbound lane will be beneficial during the hours when left turns are permitted. VILLAGE OF OAK BROOK Minutes Page 4 of 11 April 24, 2001 RES #01 -TX- PRPTY-EXP- EX3 -R -773 SALE OF MUN PROP 7. B. 1) Signage concerning the turning restrictions should be effective and the merge -back into westbound traffic that could be necessary in some instances is not unlike the movement that has become routine for motorists where continuous left turn lanes exist. Motion by Trustee Butler, seconded by Trustee Savino, to approve Resolution 200 1 -TX-PRPTY-EXP-EX3 -R-773, A Resolution Authorizing Execution of Intergovernmental Agreement, Deed and Related Closing Documents for the Sale of Municipal Property to the County of DuPage (Approximately 4.2 Acres in the Oak Brook Sports Core along and adjacent to 31S` Street, Oak Brook, IL 60523)," as presented and waive the full reading thereof. Trustee Caleel voiced his opposition to the agreement. He stated that Fullersburg residents are opposed to this proposal without the stipulation of a traffic signal installation including turn restrictions from 7:00 a.m. to 9.00 a.m. and 3:00 p.m. to 6:00 p.m. If those restrictions would remain, he requested that the traffic signal be installed at the expense of DuPage County with the exception of school buses being allowed to make those turns. He suggested the Village renegotiate that traffic signal system and request the turn restrictions to include from 7:00 a.m. to 9:00 a.m. and from 3:00 p.m. to 6:00 p.m. Motion by Trustee Butler, seconded by Trustee Savino, to amend the motion to incorporate Trustee Caleel's request and direct staff to renegotiate this. Village Attorney Martens explained that the Village Board may pass on the resolution and agreement as drafted. If the Board passes the resolution, it will then be recorded. As a subsequent motion the Village Board could direct staff to seek to obtain the relief that Trustee Caleel has suggested from DuPage County but if unsuccessful with that relief, the resolution would stand. Trustee Butler and Savino withdrew their amendment to the motion. Trustee Craig concurred with Trustee Caleel of the necessity of a signal at that intersection and to include it in this project. VILLAGE OF OAK BROOK Minutes Page 5 of 11 April 24, 2001 7. 7. B. 1) Motion by Trustee Butler, seconded by Trustee Savino, to approve Resolution #2001 -TX- PRPTY- EXP -EX3 -R -773, "A Resolution Authorizing Execution of Intergovernmental Agreement, Deed and Related Closing Documents for the Sale of Municipal Property to the County of DuPage (Approximately 4.2 acres in the Oak Brook Sports Core along and adjacent to 31St Street, Oak Brook, IL 60523)," as presented and waive the full reading thereof. Village Attorney Martens indicated that President Bushy would vote because it requires two - thirds of the corporate authorities of the Village of Oak Brook. ROLL CALL VOTE: Ayes: 5 - President Bushy, Trustees Butler, Kenny, McInerney and Savino. Nays: 2 - Trustee Caleel and Craig. Absent: 0 - None. Motion carried. Motion by Trustee Caleel, seconded by Trustee Craig, to direct staff to continue negotiations with DuPage County for the installation of a traffic signal at 31s' Street and Spring Road and the inclusion of left turn restrictions on 3 Is' Street from 7:00 a.m. to 9:00 a.m. and right turn restrictions on Spring Road from 3:00 p.m. to 6:00 p.m. ROLL CALL VOTE. Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. B. 2) RESOLUTION #2001- SAP -EX I -R -774, A RESOLUTION APPROVING AN AMENDMENT TO THE SALARY PLAN FOR NON -UNION EMPLOYEES FOR 2001 Staff has re- evaluated the necessary qualifications for the Civil Engineer II position in light of the vacancy occasioned by the retirement of the job incumbent. Currently, both the Village Engineer and the Civil Engineer II are required to be registered as "Professional Engineers" (P.E.). Staff does not believe that it is necessary to have two staff members maintain such registration, and as a result, have changed the Civil Engineer II job description to no longer require it. The re- evaluation of job qualifications has resulted in a re- classification from Pay Grade 9 to Pay Grade 8. The resolution reflects that change. VILLAGE OF OAK BROOK Minutes Page 6 of 11 April 24, 2001 RES #01 -SAP- EX 1 -R -774 SALRY PLN VA 7 B. 2) Motion by Trustee Butler, seconded by Trustee McInerney, that the Village Board approve a resolution amending the 2001 Salary Plan reclassifying the Civil Engineer II position from Pay Grade 9 to Pay Grade 8. Resolution #2001- SAP -EXI -R -774, "A Resolution Approving an Amendment to the Salary Plan for Non -Union Employees for 2001 ", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. B. 3) RESOLUTION #2001 - FLSA -R -775, A RESOLUTION AMENDING THE FAIR LABOR STANDARDS ACT POLICIES FOR THE VILLAGE OF OAK BROOK Staff recommends that the Civil Engineer II and Civil Engineer I positions be included among those positions considered to be exempt from the wage and hour provisions of the Fair Labor Standards Act. The FLSA provides for professional exemptions for certain types of employees, including Civil Engineers. It is common to exempt Engineers from the wage and hour provisions of the FLSA such that payment for hours in excess of 40 is not required. Currently, the Civil Engineer I position is vacant, and as such there is no impact on any existing employee. Motion by Trustee McInerney, seconded by Trustee Kenny, that the Village Board approve a resolution amending the 2001 Fair Labor Standards Act Policy to include the Civil Engineer II and the Civil Engineer I positions among those considered exempt from the wage and hour provisions of the Act. Resolution #2001 - FLSA -R -775, "A Resolution Amending the Fair Labor Standards Act Policies for the Village of Oak Brook," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 7. B. 4) ORDINANCE #2001- PL -RR -G -677, AN ORDINANCE AMENDING ARTICLE IV OF THE PERSONNEL MANUAL OF THE VILLAGE OF OAK BROOK VILLAGE OF OAK BROOK Minutes Page 7 of 11 April 24, 2001 RES #01 -FLSA- R -775 FLSA POLICY RES #01 -PL- RR -G -677 PRSNNL MNL 7. 7 C. 4) An amendment to the Personnel Manual is necessary to reflect the classification of the Civil Engineer II and Civil Engineer I as exempt from the wage and hour provisions of the Fair Labor Standards Act. Motion by Trustee McInerney, seconded by Trustee Butler, that the Village Board adopt an ordinance amending Article IV, Section 3 B 1 of the Village of Oak Brook Personnel Manual to reflect the classification of the Civil Engineer II and Civil Engineer I positions as FLSA exempt. Ordinance 2001- PL -RR -G -677, "An Ordinance Amending Article IV of the Personnel Manual of the Village of Oak Brook," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. AWARD OF CONTRACTS: 1) PUBLIC WORKS VEHICLE REPLACEMENT - UNITS #601 & #604 (WATER DIVISION) Three sealed bids were received on April 18, 2001. The existing units will be kept and reassigned to the Sports Core (replacing a 1978 Chevrolet pickup) and the Street Department (as a secondary unit). The existing Sports Core vehicle will be sold at auction. Funds in the amount of $74,800.00 have been budgeted in the Equipment Replacement Fund (Account 342 -9020) for this purchase. The additional $6,972.00 can be offset from the unexpended portion of the budget for replacement police vehicles. The 2001 budget contemplates replacement of two other 1 -ton trucks that are being deferred at this time. Motion by Trustee Craig, seconded by Trustee Caleel, that the Village Board award a contract, subject to staff review, to the lowest responsible bidder: Northwest Ford - Sterling Truck Center, Inc., 4000 N. Mannheim Road, Franklin Park, IL 60131, for the purchase of two 2001 Ford F -350 XLT with the specified utility bodies and Meyers snow plow equipment for the total lump sum price of $81,772. Delivery is anticipated approximately 120 calendar days following placement of order. VILLAGE OF OAK BROOK Minutes Page 8 of 11 April 24, 2001 PUB WKS VEHICLES 7. 7. 8. C. 1) ROLL CALL VOTE: Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. D. AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND NAPRVLL THE NAPERVILLE POLO CLUB FOR SUNDAY USE OF FIELD POLO CLUB TWO IN THE SPORTS CORE AGRMNT This agreement may be automatically renewed for one year terms with an annual CPI adjustment to the use charge, provided that the Village Manager, the Bath & Tennis Club Manager and the Polo Club agree on a season schedule on or before March 1 st of any given year. If the parties are unable to reach agreement by March I st , the agreement shall become null and void. Trustee Savino asked for the inclusion in this agreement that the participants evacuate the fields if the lightning warning system is initiated. Bath & Tennis Club Manager Sartore suggested that a letter could be sent to the Naperville Polo Club with the contract requesting that participants would evacuate the fields when the lightning device is initiated. Motion by Trustee Caleel, seconded by Trustees Butler, to approve the agreement between the Village of Oak Brook, DuPage County, Illinois, A Municipal Corporation and the Naperville Polo Club, An Illinois Corporation for Sunday Use of Field Two in the Sports Core. ROLL CALL VOTE: Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. INFORMATION & UPDATES: INFO & UPDATES A. VILLAGE PRESIDENT VLLG PRES President Bushy remarked she has been named as the Vice Chairman of the DuPage County Stormwater Control Committee. VILLAGE OF OAK BROOK Minutes Page 9 of 1 I April 24, 2001 8 a TI1 B. VILLAGE MANAGER: VLLG MGR Village Manager Veitch noted intergovernmental agreements with the Village of Oak Brook, the City of Oakbrook Terrace and two private property owners in Oakbrook Terrace will be presented to the Village Board at the first or second Village Board meeting in May. DEPARTMENTAL REPORTS- QUARTERLY REPORTS: QTLY RPTS A. Communications Center H. Library B. Community Development I. Police Department C. Engineering Department J. Public Works D. Finance Department K. Recycling E. Fire Department /EMS L. Risk Management F. Information Services/ M. Sports Core - Bath & Tennis Purchasing and Golf G. Legal Department N. Village Clerk Quarterly reports were accepted as presented and placed on file. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): A. RECOMMENDATION - MON AMI GABI, OAK BROOK L.L.C. - SU - MON AMI (260 OAKBROOK CENTER) - SPECIAL USE OUTDOOR DINING OUTDR DINE Special Use - The Plan Commission at their March 19, 2001 meeting by a vote of 4 to 0 and the Zoning Board of Appeals at their April 3, 2001 meeting by a vote of 4 to 0 have recommended approval of the request from Mon Ami Gabi, Oak Brook L.L.C. seeking a special use to accommodate a 536 square foot outdoor dining area at its restaurant located in the Oakbrook Center. If approved, the outdoor seating arrangement will operate between April 15th and October 15th of each year. In making these recommendations, the Zoning Board Appeals agreed with the Plan Commission finding that the petitioner has addressed the Zoning Ordinance standards for a special use. In particular, it was found that the special use would be operated so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood. VILLAGE OF OAK BROOK Minutes Page 10 of 11 April 24, 2001 10. A. Representatives Jay Steber, Vice President of Lettuce Entertain You and Chris Mears Divisional Supervisor for Mon Ami Gabi were in attendance of the meeting. Motion by Trustee Savino, seconded by Trustee Caleel, that the Village Board concur with the recommendations of the Plan Commission and Zoning Board of Appeals, and authorize Attorney Martens to draft the necessary ordinances for final consideration at the Village Board meeting on May 8, 2001. VOICE VOTE. Motion carried. 11. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: President Bushy commended Trustees Kenny and McInerney for their wisdom and guidance in their service as Oak Brook Village Trustees for the past eight years. She noted some of the achievements that have occurred within the last eight years while they were Trustees. They include a new budget and money - management process, goals and objectives refined, base studies for revision of the Comprehensive Plan completed, McDonald's long range plans completed, John Buc development lead to renewal of York Road, major improvements at the Bath & Tennis and Golf Clubs, Roadway Maintenance Plan developed and implemented, retail redevelopment along 22nd Street, renaissance in restaurants and outdoor dining, Library project, municipal complex renovation and expansion, improved water pressure southwest quadrant, policy ordinance procedures, expansion of pathway system and forestry program implementation. Both Trustees acknowledged their pleasure of serving the Village and working with the staff. 12. ADJOURNMENT Motion by Trustee Caleel, seconded by Trustee Craig, to adjourn the meeting at 9:52 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella, CMC Village Clerk BOT- 042401 VILLAGE OF OAK BROOK Minutes Page 11 of 11 April 24, 2001 ADJRN