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Minutes - 04/25/2000 - Board of TrusteesVILLAGE OF OAK BROOK Minutes April 25, 2000 UNOFFICIAL UNTIL APPROVED AS WRITTEN _ OR AS AMENDED x BY VILLAGE BOARD ON Mav 9, 2000 1. 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 7:32 p.m. Pledge of Allegiance was given. 2. 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; Debra J. Jarvis, Fire Chief & Building Commissioner; Robert L. Kallien, Jr., Community Development Director; Bruce Kapff, Director of Information Services & Purchasing; Darrell J. Langlois, Finance Director; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director; Michael J. Meranda, Director of Public Works; Allen W. Pisarek, Police Chief; Bonnie Sartore, Bath & Tennis Club Manager; Trey VanDyke, Golf Club Manager; Jeremiah Montigue, Food & Beverage Manager; Gail Peterka, Communications Center Supervisor; Roberta Petz, Library Commission President; Library Commission members Randa Bishlawi & Anthony Ingrisano; former Library Commission members Barbara Benezra, Joe Fullan and Lucia Sutton; Marshall Olson & Robert Bush, Harbour Contractors; Lisa Adkins, Carow Architect Planners and Howard Trier, Oak Brook Park District Commissioner. Trustee Kenny arrived at 7:34 p.m. 3. ANNOUNCEMENTS AND OPEN FORUM: ANNOUNC & OPEN FORUM Trustee Craig announced that the Conservation Foundation is sponsoring a cleanup of the west and east branch of the DuPage River and Salt Creek. This will occur during the month of June and if you wish to volunteer you may contact them at (630) 428 -4500 or their e-mail address is consfound(a),ais.net. He also commented that he was misquoted in one of the area newspapers stating he opposed the new water sprinkling hours. He is in favor of the three day water sprinkling period and believes it will benefit the Village. VILLAGE OF OAK BROOK Minutes Page 1 of 9 April 25, 2000 lE Trustee McInerney remarked that he had received several complaints from residents that non - residents had forced residents to leave basketball courts in our community. Police Chief Pisarek stated that our police bicycle patrol will begin their community patrol program in May and will resume the same process as last year including use of police squads and foot patrol by our police officers. Karen Bushy, as a resident, addressed the Board of the continuance of the petition drive for registered voter signatures to place the public question on the November ballot for approval to sell 4.2 acres of Sports Core property along 31St Street for widening of that street that will include a protected turn bay into the new Library facility and Sports Core driveway. If anyone wishes to sign a petition or carry a petition, please contact her for petitions and informational brochures are available. 4. APPROVAL OF MINUTES: MINUTES BOT 04/11/00 President Bushy suggested that the minutes be withdrawn for further review by staff. Motion by Trustee Caleel, seconded by Trustee Craig, that the minutes be withdrawn for further review. VOICE VOTE: Motion carried. 5. OMNIBUS AGENDA: All items on the Omnibus Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Omnibus Agenda and considered as the first item after approval of the Omnibus Agenda. Motion by Trustee Caleel, seconded by Trustee Craig, to approve the Omnibus Agenda. ROLL CALL VOTE: Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. APPROVAL OF: A. APPROVAL OF BILLS: Approved Omnibus Vote. BILLS - $472,439.74 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING APRIL 15, 2000: Approved Omnibus Vote. PAYROLL- $390,040.03 C. CHANGE ORDERS: None. VILLAGE OF OAK BROOK Minutes Page 2 of 9 April 25, 2000 V_ D. PAYOUTS: 1) CIVILTECH ENGINEERING. INC. - PAYOUT #14 - YORK/HARGER YORK/HARGER BIKE TRAIL - $749.54: Approved Omnibus BIKE TRAIL Vote. 2) HALLORAN & YAUCK - PAYOUT #6 & FINAL - GOLF GOLF CRSE COURSE IRRIGATION SYSTEM REPLACEMENT - IRRIG SYSTEM $52,895.60: Approved Omnibus Vote. REPLACE 3) CAROW ARCHITECTS PLANNERS - PAYOUT #13 - LIBRARY LIBRARY DESIGN - $16,800.15: Approved Omnibus Vote. DESIGN E. REFERRALS: None. F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: No Business. G. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREAS RPT MARCH, 2000: Approved Omnibus Vote. 03/00 H. AMENDMENT TO PHASE I CONSULTANT AGREEMENT - YORK/HARGER YORK/HARGER ROAD BICYCLE /PEDESTRIAN PATH: BIKE TRAIL Approved Omnibus Vote. I. ACCEPT AND PLACE ON FILE - 1999 COMPREHENSIVE 199 COMP ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER: ANNUAL FIN Approved Omnibus Vote. RPT & MGMT LETTER 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. ACTIVE AGENDA (Items for Final Action): A. APPOINTMENTS: APPOINT: 1) OAK BROOK HOTEL, CONVENTION & VISITORS OBHCVC COMMITTEE: Motion by Trustee Caleel, seconded by Trustee Butler, to concur with the recommendation of President Bushy and appoint Kerry Michelson, the new General Manager of the Wyndam Drake Hotel, to the Oak Brook Hotel, Convention & Visitors Committee to fill the unexpired term of Michael Jorgensen (former General Manager), with his term expiring on February 28, 2001. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 3 of 9 April 25, 2000 2) POLICE PENSION FUND BOARD: POLICE PENSION Motion by Trustee McInerney, seconded by Trustee Savino, to concur with the recommendation of President Bushy and appoint Alan J. Feldman to the Oak Brook Police Pension Fund Board. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 2000- TO -RR -G -659 AN ORDINANCE ORD 2000 -TO- AMENDING ARTICLE VI ENTITLED "TOBACCO RR -G -659 PRODUCTS" OF CHAPTER 8 OF THE CODE OF TOBACCO ORDINANCES OF THE VILLAGE OF OAK BROOK: PRODUCTS The amendments to the ordinance clarifies the location of a tobacco product license and the two warning signs that are required to be posted. Motion by Trustee Caleel, seconded by Trustee Craig, to approve Ordinance 2000- TO -RR -G -659, "An Ordinance Amending Article VI Entitled `Tobacco Products' of Chapter 8 of The Code of Ordinances 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. C. AWARD OF CONTRACTS: No Business. D. LIBRARY PROJECT FINAL DESIGN - APPROVAL AND LIBRARY AUTHORIZATION TO BID AND NEGOTIATE: PROJECT On August 4, 1999, Harbour Contractors, Inc. provided a project cost estimate (excluding items scheduled to come from the Library operating budget and Polo Road) of $5,488,700. The changes approved in October, 1999 reduced that estimate to $4,994,100. The key element of the consensus was retention of the curvilinear shape that had been approved at the concept stage, including the dome, sunshade and access floor features. The final design reflects most of the changes approved in October as a result of value engineering efforts undertaken by the architect and construction manager. VILLAGE OF OAK BROOK Minutes 4 Page 4 of 9 April 25, 2000 Harbour Contractors', Inc. April 10, 2000 estimate of $5,533,200 includes Polo Road. Adjustments were made that resulted in a net reduction of $42,600 including professional fees where applicable. Several minor changes resulted in an additional net reduction of $20,000. Applying these adjustments ($42,600 plus $20,000), the estimate becomes $5,470,600, again including Polo Road. The project budget, including Polo Road, is $5,174,000. Thus the total project cost estimate is presently $296,600 above the budget. Allowing for some benefit from the competitive bidding process, the deviation from budget is thought to be about $200,000. Staff suggested that two features could be deferred to trim the $200,000 over budgeted estimate. This includes deferring the garden adjacent to the meeting room at an estimated savings of $30- $40,000 and deferment of the sunshade in the initial construction phase at an estimated savings of $180,000. Motion by Trustee Caleel, seconded by Trustee Craig, that "deduct alternates" not be specified and that the garden adjacent to the meeting room and the sunshade be included in the project. VOICE VOTE: Motion carried. Motion by Trustee Butler, seconded by Trustee Caleel, to: 1. Approve the final design for the Library Project as presented. 2. Approve the final pre -bid cost estimate of $5,470,600 (which includes relocation and reconstruction of Polo Road). 3. Authorize the staff and consultants to advertise for bids for each of the subcontractor bid packages. 4. Authorize the staff to negotiate a contract with the construction manager, Harbour Contractors, Inc. (HCI), for construction phase services. ROLL CALL VOTE: Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. Roberta Petz, President of the Oak Brook Library Commission, commended the Village Board for their efforts in finalizing the new Library. President Bushy also commended Library Director Martin for her dedication and perseverance in this project. VILLAGE OF OAK BROOK Minutes 16 Page 5 of 9 April 25, 2000 8. INFORMATION & UPDATES: NFO & UPDATE E A. VILLAGE PRESIDENT: VLLG PRES - President Bushy remarked that representatives of the Metropolitan Mayors Caucus continue to meet with Mayor Daley in developing issues that are important to the area. Also a member of the Economic Development Task Force, they recently met with a representative group from the business community of the six - county region. The Metropolitan Mayors Caucus met last week and discussed sales tax on the internet and e- commerce issues. They recommended a delegation of Caucus members and some City Managers go to Washington, D.C. to lobby members of Congress regarding the effects of a moratorium on internet sales tax. She has been asked to chair this delegation and requested the Board's concurrence that the Village Manager also participate in this delegation to Washington, D.C. Motion by Trustee Caleel, seconded by Trustee Kenny, that President Bushy and Village Manager Veitch participate in this delegation to Washington, D.C. on behalf of the Village of Oak Brook to address the importance of internet sales tax. VOICE VOTE: Motion carried. B. VILLAGE MANAGER: VLLG MGR - Village Manager Veitch remarked that the Village Board objectives, staff objectives, updating the 2001 -2005 Five Year Financial Plan and the 2001 budget will begin. The Village Board objectives will be addressed at the May 22, 2000 Committee -of- the -Whole meeting. DEPARTMENTAL REPORTS - QUARTERLY REPORTS: 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 and Golf Purchasing N. Village Clerk G. Legal Department Departmental Quarterly Reports were discussed and accepted. VILLAGE OF OAK BROOK Minutes Page 6 of 9 April 25, 2000 QTLY REPORTS 10. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): A. RECOMMENDATION - SAMATAS (9 NATOMA) - VARIATION - FROM STORMWATER AND FLOOD PLAIN ORDIANANCEā€¢ The Zoning Board of Appeals at their March 7, 2000 meeting recommended approval by a vote of 7 to 0 with conditions that Mr. James Samatas, 9 Natoma, request for a Flood Plain Special Use to our Village Code to construct a bridge and accessory structure (i.e. recreational folly) on the rear portion of his property which is in the Flood Plain of Salt Creek. These conditions include: 1. Completion of the project within 60 days from date of permit issue, subject only to delays outside of the petitioner's control. 2. A construction fence is in place to control dust and protect neighbors from damage sustained during construction. 3. All landscaping, including the easement be restored immediately upon completion of the construction. 4. The structures are to be built in substantial conformance with the plans submitted. 5. A cash bond may be required from the petitioner to insure compliance. 6. Final engineering approval of plans. The Zoning Board of Appeals also passed a motion by a vote of 7, recommending approval of a Variation request to the DuPage County Stormwater and Flood Plain Ordinance. The Variation is required to determine that the proposed accessory structure (i.e. recreational folly) is an appropriate use in the floodway area. The petitioner, James Samatas, was in attendance of the meeting. Motion by Trustee Savino, seconded by Trustee Butler, to authorize the Village Attorney to prepare the necessary ordinance for final action at the Regular Village Board of Trustee's Meeting of May 9, 2000. VOICE VOTE. Motion carried. B. RECOMMENDATION - YORKSHIRE REALTY (43 YORKSHIRE DRIVE) - YORKSHIRE GLEN SUBDIVISION PRELIMINARY PLAT: At the Village Board meeting on April 11, 2000 the Board received a recommendation from the Plan Commission for approval of the preliminary plat of Yorkshire Glen Subdivision subject to various conditions. In the course of reviewing the recommendation, the Board had questions concerning the stormwater management concept. The VILLAGE OF OAK BROOK Minutes Page 7 of 9 April 25, 2000 VARIATION STMWTR & FLOOD PLN 9 NATOMA PRELIM PLAT 43 YORKSHIRE DRIVE petitioner was asked to provide further information concerning the drainage concept, the structures involved, the materials to be used and the appearance of the finished product. There were questions concerning the width of the private roadway and the application of the Zoning Ordinance setback requirements relative to the private roadway. The road and setback issues have been clarified such that the Village Manager recommends the Board could proceed with consideration of the preliminary plat. Additional information obtained regarding the stormwater management concept suggests that it rely on a freestanding wall to act as a dike to detain stormwater runoff in otherwise dry rear yard detention easements. Some information concerning materials has been received but little has been learned about the appearance of the facility as envisioned by the designers. The freestanding wall concept also raises questions of applicability of and compliance with fence provisions of the Zoning Ordinance. The Village Manager recommended that this matter be referred to the Plan Commission in order to provide the Board with benefit of the Commission's further review of the subdivisions concept, especially the stormwater management scheme. Motion by Trustee Savino, seconded by Trustee Caleel, to refer the Preliminary Plat of Yorkshire Glen Subdivision to the Plan Commission for further review of the subdivision concept with respect to stormwater management. Voice Vote: Motion carried. 11. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: President Bushy explained that several organizations such as DuPage Mayors and Managers Conference, Illinois Municipal League and the U. S. Conference of Mayors have proposed resolutions pertaining to the retail sales taxes on internet sales. She requested that this resolution be sent to members of Congress and the Illinois delegation. Motion by Trustee McInerney, seconded by Trustee Caleel, to pass Resolution 2000- TX -S -R -744, A Resolution Pertaining To Retail Sales Taxes On Internet Sales. ROLL CALL VOTE: Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 0 - Motion carried. 12. ADJOURNMENT: ADJOURN Motion by Trustee Caleel, seconded by Trustee Craig, to adjourn the meeting at 9:28 p.m. VOICE VOTE. Motion carried. VILLAGE OF OAK BROOK Minutes Page 8 of 9 April 25, 2000 ATTEST: Linda K. Gonnella, CMC /AAE Village Clerk shell -042500 VILLAGE OF OAK BROOK Minutes Page 9 of 9 April 25, 2000