Minutes - 07/28/1992 - Board of TrusteesE
�9
„4
i� S
Ft� 6�
T
do
PIAO)OG 't
C
The Public bearing was called to order by President Bushy at 7o30 p.m. in the
Sequel E. Dean board Room of the Village ins. The maeting was call
pursuant to Notice given by law, copy of which is attached.
The Deputy Clerk called the roll with the following persons
PRESENT: president Bushy, Trustees Bartecki, Mayer, Payovich, Shumate,
Skinner and Winters.
ABSENT: None.
Trustee Bartecki briefly outlined the purpose of the proposed Appropriation
Ordinance for the fiscal year comencing May 1, 1992 and ending April 30, 1993
as published in the Oak Brook LOSS on July S, 1992. Copies of the proposed
ordinance were available for public examination, and no one apra�ared to speak
or submit any written convents in behalf of or against the ordinance.
Trustee Bartecki moved to adjourn the Public bearing at T 40 p.m. Seconded by
Trustee Payovich. VOICE Vas Notion carried.
r
Lein a K, Oonnella
Village Clerk
phanin
l
s^ �
r P w
President Bushy called to order the Public Hearing at 7:30 P.M.
regarding the proposed Appropriation Ordinance for the Village of Oak
Brook for Fiscal Year 1992/1993. It was noted that the notice of this
Public Hearing was published in the Oak Brook DOINGS on Wednesday, July_
Be 1992 as required by law. Trustee Bartecki outlined the proposed
Appropriation Ordinance and requested any cormients from the public.
Hearing none,, Trustee Bartecki moved to adjourn the Hearing at 7:35 p.m.
Seconded by Trustee Payovich. VOICE VOTE: Motion carried.
It is noted after the closing of the Public Hearing, Trustee Skinner
commented his unacceptance of private garbage -pick up by the Village for
the residents and would vote against said Appropriation Ordinance if
this item remains as a budgeted item.
1. MEETING CALL: CALL TO ORDER
The Regular Meeting of the Board of Trustees -gas called to order by
President Bushy in the Samuel F. Dean Board Room of the Village Commons
at 7:35 p.m. Pledge of Allegiance was given.
2. ROLL CATZ: PO!,T, CALL
The Deputy Clerk called the roll with tha following persons
PRESENT: President Bushy, Trustees Bartecki, Mayer, payovich, Shumate,
Skinner and Winters.
ABSENT: None.
IN ATTENDANCE: Bruce F. Kapff, Acting Village Manager; Vince Long,
Assistant to Village Manager; Richard A. Martens, Village Attorney;
Margaret C. Powers, Finance officer/Treasurer; James Flemming, Police
Chief; Dale L. Durfey, Jr., Village Engineer; Robert Nielseno Fire
ch-Jef/Building comissioner; Tom Hawk, Director of Code Enforcement;
Michael J. Heranda, Superintendent of Public Works; Chuck McAdams,
Sports Core Manager.
3. ANNOUNC'E�NTS & OPEN FORUM: OPEN FORUM
A resident inquired into the availability Of an elevation map of the
Village. Village Engineer Durfey stated they are available in the
Engineering Department.
4. APPROVAL OF MINUTES: No Business.
VIILAGE OF OAK BROOK Holinutes 1 July 28, 1992
z
"° i
5. CONSENT AGENDA
Trustee Winters requested Item 5.C., fe3.992 -1993 Telephone System
Maintenance Contract ", be removed from the Consent Agenda yor
discussion.
Trustee Bartecki requested Item 5.E.1., 1B r� vedsfPavingeSyetemnt Inc-
- Payout #1 - 1992 Crack Seal Project ", be
Agenda gar discussion.
Trustee Payovich requested Item 5.E.4., "Marino Construction Company -
Payout #18 - Reser for Bey, be removed from the Consent Agenda for
discussion.
Trustee Skinner moved to approve the Consent Agenda. Seconded by
Trustee Winters. ROLL CALL VOTE.
6- Trustees Bartecki, Mayer, Payovich, Shumate, Skinner and
Ayes:
Winters.
Days: Q -None.
Absent: O -None. Motion carried.
ANT14UAL BENEFIT
A. RE 1-EST TO USE FIRE TRUCKS - POLICE DEp� NT 18th ANNUAL BENEFIT
SOFTBALL ��, °"E
SOFTBALL GAME Approved omnibus Note.
B. RE OEST I'OR SE PURCHASE O POUR MOBILE i9AT'A TERMINALS - POLICE
OBILE DATA
DEPARTMENT: Approved Omnibus Vote.
-,.WOO - REAR, Y VARIATION 138 Devonshire --„ REFERRED
REAR YARD VAR.
D. REFERRAL
TO ZONING BOARD OE APPEALS MEETING OF SEPTEMBER lit 1992: Approved
3P Devonshire
Omnibus Vote.
E. PAYS:
PAY&T.S:
2. CIVILTECH ENGINEERING - PAYOUT #2 - TRI -STATE WATER MAIN
CIVILTECH:
PROJECT ( 31st Street to Canter rry_ Lane)-: Approved Omnibus
TRI -STATE WM-
$2,523.43
Vote.
3. ALBIN cARLSON IBC . - PA soul - #2 -' BRIDGE REPAIR. -
ALB IN CARL SON? :
WINDSORZHARGER /BAS Imo: Approved Omnibus Vote.
BRIDGE REPAIR -
$105,939.70
6. ITEMS COVED FROM CONSENT AGENDA:
C,. 1982 -3,893 TELEPHONE SYSTEM I iIb-Tm MCE CONTRA=
92/93 TELEPHONE
MAINTENANCE
Trustee minters reclused himself from discussion or voting on said
CONTR -ACT
1992 -1993 Telephone Maintenance Contract due to employment by
Illinois Bell.
Trustee Payovich moved to approve and accept the telephone
maintenance service agreement with Illinois Bell Communications
for the period July 28, 1992 - July 27, 1993 at a cost of
$3,914.04. ROLL CALL VOTE:
VILLNGE OF OAK BROOK Minutes 2 July 28, 1992
1-6
Ayes: 5- Trustees Bartecki® Mayer, Payovich, Shtunate and
Skinner.
Days: 0 -None.
Absent: 0-None.
Abstain: 1- Trustee Winters. Motion carried.
E.1. BITUMINOUS RAVING SYSTEMSr. IFC. - RAYOUT #1 - 1932 CRACK SEAL
PAYOUT:
BITMINOUS
PRA:
PAVING SYSTEMS:
Trustee Bartecki questioned the discrepancy between the amount of
1992 CRACK. SEAL
work completed and the budgeted project. Trustee Shumate noted
ten (10 %) per cent of the area was not completed due to wetness of
pavement. Village Engineer Durfey explained the contractor
returned four (4) tunes to complete said areas but unable to
complete areas due to wetness. The Engineering Department
that the work could
notified, in writing, the affected residents
not be completed unless the sprinklers were shut off. Little
cooperation was received from the ;homeowners, as some violated the
sprinkling hours. Village Engineer Durfey noted the contractor
has fulfilled the contract. The Village is in the process of
reviewing the options for next year. Village Engineer Durfey
stated the remaining areas will not be completed this year.
Trustees Bartecki and Shumate objected to this and asked if
sprinklers are off in the fail, could a contractor come in to
complete the remaining areas.
Trustee Winters inquired if the contractor gave the Village proper
notice of his inability to comPi.ste said project due to poor
Engineer Durfey stated he notified
sprinkler regulations. Village
the Village but the project only took 10 days and could not be
placed on the Board agenda for discussion. Be further noted the
contractor is from out of state and the project could be re --bid
again.
Trustee Winters requested the Village attorney examine said
contract and table this item %o the next Regular meeting of
August 11, 1992. He further requested investigating the
particular correspondence to affected homeowners on sprinkling
regulations /violation so that the Village can address this in a
responsible manner. Trustee Shumate wishes to protect the roads
and requested an alternate plan to chip and seal said areas in
Saddlebrook.
Trustee Winters moved to table this item to the next Regular
Meeting and direct the Village Attorney to examine said contract
with Bituminous Paging Systemst Inc. for proper execution.
Seconded by Trustee Bartecki. VOICE VOTE: Motion carried.
E.4. MARINO CONSTRUCTION COMPANY - PAYOUT #18 - RESERVOIR B: PAYOUT:
HAR 140 1.
Trustee Payovich moiled to authorize President Bushy to sign the EESERVOTR g..
settlement agreen.ant and mutual releases to Marino Construction $152,534.79
VILLAGE OF OAK BROOK Minutes 3 July 28t 1992
16�
HI-11
s -, e or--
Company in the amount of $352,534.79, which is the total contract
balan--e including all extras and settlements to Marino for
construction of Reservoir B. Seconded JDY Trustea Skinner. ROLL
CALL VOTE:
Ayes: 6-Trustees Bartecki, Mayer, payovich, Shumate, Skinner
and Winters.
Nays: 0 -done.
Absent: 0 -None. Motion carried,
7. FI14ANCIAL:
A. APPROVAL OF BILLS:
Voucher List of Bills Presented for Appro-val July 28, 1992 to
reflect payment from the following funds:
General Corporate Fund $229,829.27
Hotel/Motel Tax Fund 4,225.44
Motor Fuel Tax Fund 50t456-53
Water Fund 571,071.677
Sports Core Fund 74,475.37
Trustee Bartecki moved to approve Voucher List of Bills in the
total amount of $930,058.28 and authorize the Village President to
affix her signature thereon. Seconded by Trustee Skinner.
Trustee Winters abstained from voting on the bills from Illinois
Bell due to employment by same. ROLL CALL VOTE:
Ayes: 6-Trustees Bartecki, Mayer, PayGvicht Shumate, Skinner
and Winters.
mays: 0 -done.
Absent: 0 -done,
Abstain: 1-Trustee Winters a s noted above. Notion carried.
Trustee Winters requested explanation of the water refund from the
Village to our water customers. President Bushy stated a refund
of $571,071.67 was issued to commercial users outside of the
Village on the basis of being charged a one-time existing rate
that had changed several years ago but was not corrected.
Customers were charged one and a half to two times the correct
rate. Thirty-two Oakbrook Terrace commercial customers were paid
Djus interest. Finance officer Powers stated 219 residential
users outside of Oak Brook were also affected. Letters of
explanation were being sent to them.
President Bushy commended Finar-ce officer Powers, Superintendent
of Public Works Meranda and Village Attorney Martens for bringing
this to the attention of the Village. Releases have been prepared
by the Village Attorney and none of the checks are being disbursed
until a release is signed. The release states no further claims
can be made against the Village for any additional monies. It has
been readily signed and the refunds are being deducted from the
VILLAGE OF OAK BROOK minutes
Z6
4 July 28, 1992
APPROVAL OF
BILLS
Water Fund.
b y
8. ORDINANCES AND RESOLUTIONS:
A. ORDINANCE NO. S -741 A14 €�RDINANcE MAKING .-AK APPROPRIATgOM FUR TiiE
GENEPU CORPORATE FUhl) , FOR THE HOTEL MOTEL TAX FUND F-CR THE
cAPITAL PROJECTS FUND FOR THE MOTOR FUEL TAIf. FIJAID FOR T__ ER
FUND FOR THE POLICE PENSION FUND___
FOR THE FIREFI�CHTERS P NSION
FUND THE DEBT SERVICE FU ),E AND FOR THE SPORTS CORE FUND FOR
THE FASCAL R BEGINNING MAY 1 1992 AND ENDING APRIL 3O
FOR THE VILLAGE OF OAK BROOK: DU PAGE AND C 20K COUNTIES ILI:INOIS
Trustee Bartecki moved to pass Ordinance No. S-741 as presented
and waive the full reading thereof. Seconded by Trustee Payovich.
ROIL CALL VOTE:
Ayes: 5- Trustees rtecki, Mayer, Payovich, Shumate, and
Winters.
Mays: 1- Trustee Skinner.
Absent: O -None. Motion carried.
Trustee Skinner coimmnted on the Village being fiscally
responsible by deleting the cost of garbage p such for
Trustee Bartecki noted construction projects such
can be deferred to balance the budget.
President Bushy noted that this document began May 1, 1992. It
was hoped that the Village would present a budget document rather
than the Appropriation Ordinance but due to the state of our
finances and other constraints, it was not attainable. It is
hoped that next year the viliage will present a budget document as
in most other communities in the State of Illinois.
President Bushy concurred with Trustee Skinner in removing the
expenditure of garbage pick up for residents. Trustee Winters
prefers this item to remain in the budget as a public service to
the residents.
9. DEPARTMENTAL REPORTS - UA_RTERLY REPORTS :
A.
B.
Ambulance
Engineering Department
G.
H.
Library
Planning &Zoning
c.
Finance Department
I.
Police Department
D.
Fire Department
J.
Public Forks
E.
Inspection Bureau
K.
Recycling
F.
Legal Department
L.
Sports core
Al? der-artmental reports were discussed and accepted.
President Bushy noted a Finance Department report is now included with
the Departmental Reports. President Busby acknowledged the importance
of this to the Trustees.
VILLAGE OF OAK BROOK Minutes 5 July 28, 1992
ORD . S -741
1992/1993
APPROPRIATIONS
QUARTERLY
REPORTS
President Bushy questioned the increase of response time to fire
department calls. Fire Chief Nielsen stated mutual aid calls out Of the
Village's jurisdiction increases response time to Interstate 88 and
surrounding comroanities.
Trust. -It Shumate inquired if the closure of the 1-88 ramp would affect
response time to emergency calls. Chief Nielsen stated Fire Station II
has access to an 1-88 ramp in either direction by the station house.
Police Chief Fleming stated per the Village Board's direction of July
14, 1992, Sheriff Doria was notified that the Village of Oak Brook would
.,,t providing three (3)
supply a police officer to the B.A.T.T•L.E. unit f-Ficer to the unit.
ether DuPage communities also supplied a police officer
Sheriff Doria contacted Chief Fleming that Bloomingdale, Naperville and
Woodridge would be supplying police officers- At this time, Chief
Fleming committed a police officer to the Unit commencing operations on
August 3, 1992.
Superintendent of Public Works Meranda noted the results of the lead and
copper water samples submitted by Village residents and sent to the
Illinois Environmental Protection Agency should be published shortly.
He-further noted the completion of the Forest Glen retention area.
10. UNFINISHED BUSINESS:
I TIME
A. BRUSH HILL S SUBDIVISION ST FOR EXTENSION
BRUSTI HILL
AMES SUB-
Trustee Skinner moved to grant the requested ti extension and
DIVISIOY:
request the owner investigate a reconfiguration Of the present
Seconded by Trustee Payovich.
TrIIIE
EXTENSION
plan for a proposed subdivision.
VOICE VOTE: Notion carried.
B. RECOMMENDATION - MANIULIFE - FRONT YARD VARIATION (1211 and 130 I
1 1 VAR.
RO N 1 T & YARD 30
121
22nd Street ,J:
22nd Street
Both the Plan Commission and Zoning Board of Appeals have
C
(Manulife)
approval of this variation and further that a petition
recommended
be prepared to amend the ordinance to allow canopies in required
yards of commercial properties.
Trustee Skinner requested signage put on the canopy would be the
signage included in the appropriate signage for the property.
Trustee Winters requested a text amendment to the signage
including it for the
ordinance regarding canopies rather than
canopy amendment.
Trustee Skinner moved to authorize they illage Attorney to draft
a general
the necessary ordinance and to instrucstaff to prepare
text amendment petition to allow construction of entryway canopies
extending 92" into the required front yard. Seconded by Trustee
Payovich. VOICE VOTE: _14otion carried.
VILLAGE OF OAK BROOK Minutev, 6 July 28, 1992
11.
V015-peor-46d 0
0
VIL
HE LAGE OF OAK
C. FUTURE FINANCIAL PLANS AND REVENUE
S FOR T
A t!C I _
l
BROOK jHome l it Rule/Utira
(NOTE: This item is discussed after New Business.)
NEW BUSINESS:
A. REQUEST TO ACCEPT QUOTE I FOR CO In, REPLACEMENT - FIRE
DEPARTMENT EAU OF INSPECTIONS:
The Minolta and Sharp copiers, lower bids than Distinctive
Business Products, did not perform, acceptable for the following
reasons:
1. The Sharp machine is difficult to operate; copies had blank
edges/borders-, document feed was erratic.
2. The Minolta machinct produced poor copies, tc-) light_; machine
required a service call while being demonstrated; collating
was erratic.
Trustee Winters moved to appro-ie a Purchase Order in the amount of
$7r600-00 to Distinctive Business Products, Inc. for the purchase
of a copy machine for the Fire Department/Bureau ®f Inspections.
Seconded by Trustee Skinner. ROLL CALL VOTE: e. Skinner
Ayes: 6-Trustees Barteckif Mayer, Payovich, Shumat
and Winters.
Nays: G-None.
Absent: O- None . Motion carried.
COPIER
FIRE DEPT/
INSPECTTION
BUREAU -
$7960000
-
AIIEND AGREEMENT
B. AMENDATORY RJAGE TO THE AGREEMENT BE"1EEN -THE POLO AND POLO &
,i G O
-,IM VILLAE F OAK BROOK
F. ESTRIAN OAK )K, INC. AND
EQUESTRIAN
Trustee Shumate moved to direct the Village Attorney to draft a CLUB
document to include the following amendatory language:
Section I-A--1-: "POLO CLUB agrees to-use the open fields
exclusively for polo games, polo practices, and Sunday evening
parties (which must end no later than 9:00 p.m.) at the site
following Sunday polo matches. Any other use of the open fields
is prohibited unless approved in writing by the Sports Core
Manager, Village Trustee or Village president, not less than 120
days prior to any activity not expressly authorized above. Use of
the open fields for unauthorized activities is an act of default
and a breach of this Agreement.
Section XT.E athorized
I.: usc of the open fields for an unw
activity.
i Notion carried-
0-econded by Trustee Skinner. VOILICE VOTE:
VILLAGE OF OAK BROOK Minutes 7 July 288 1992
Zt-1-5
1. UNFINISHED r N USIESS:
10 NFINISH
C. FUTURE FINANCI
BROOK (HOMe _R_1
LAMS AND REVENUE SOURCES FoR M VILIAGE OF OAK ORD. G-491
tility Tax j: UTILITY TAX
ORIDIWANCE 00. G-491 AN ORDINANCE FURTHER IMNDING ORDINANCE R-567
G-470t "AN ORDINANCE ESTABLISHING A UTILITY TAX WITHIN THE HOME RULE
VILLAGE OF OAK BROOK U pAGE AND COOK COUNTIES ILLINOIS":
2. A RESOLUTION CALLING FOR A REV�MNDUM_0N WHETHER THE VILLAGE
OF OAK BROOK SHALL BE a moME RULE UNIT:
Trustee Bartecki presented a brief outline of the Village's Budget
and noted options to raise additional revenue for the Village's
shortfall by implementing Home Itale and increased Sales Tax
revenue.
Acting Village Manager Kapff outlined alternatives of revenue
sources for the Village:
A. If the utility Tax is not extended after September, there
would be a drastic reduction in capital improvements and
level of services to the residents.
B. Assume the continued 4% utility Tax on natural gas and
electric, and 3% for telephone would not generate enough
funds to maintain the came level of services and capital
improvements.
C. Increase utility rate to 5% on electric, 5% on natural gas
and 4% on telephone, increase Sales Tax 1/4% enacted through
Home Rule in November, and passage of an ordinance.
Illinois Department of Revenue initiates tax as of June 1,
1993 and collect tax September, 1993. only eight (8) months
of 93/94 would receive ;chat revenue.
D. Eliminate utility tax after 92/93 and institute a 1/2% Sales
Tax.
Trustee Bartecki noted that Home Rule would not be detrimental to
the residents as it would affect Sales Tax and the Village would
still maintain its present services. This enables the Village to
generate additional revenues of a non-residential nature to
balance the budget.
Trustee Bartecki stated Home Rule gives the Village more control
on the usage of Village property, liquor regulations, zoning, land
use, licensing control, additional revenue sources, hotel/motel
taxes, utility tax, property tax, amusement tax, gasoline tax and
government structure. Trustee Bartecki requested passage of the
referenduan resolution with public hearings on the proposed
question in the weeks aheadr
,VILLAGE OF OAK BROOK Minutes a
4
July 28, 1992
V08---BoT-MW
President Bushy stated the pamphlet, n-Home Rule In Illinois it, is
available at a cost of $4.00 to residents by contacting Margaret
Rimbo at the Village Hall.
Trustee Winters reclused himself from discussion or voting on the
Utility Tax proposal due to wi.sployment. by Illinois Bell.
Trustee Baxtecki moved that the village Board pass Resolution No.
CkJ'LING FOR nW YOTzRS OF
R-567, "A RESOLUTION BMISSION To
THE VILLAGE OF OAK BROOK, COOK AND DU PAGE COUNTIES,, IL AT THE
REGULAR ELECTION ON NOVEMBER 3,, 1992 THE QUESTION WHETHER THE
VILLAGE SHALL BECOME A HOME RULE F1UNIcIPh'T.,ITY". Seconded by
Trustee winters. ROLL CALL VOTE-- ayovich Shumate, Skinner
Ayes: 6-Trustees Barteckip Mayer, P ,,
and Winters.
Nays; O-None.
Absent: O- None Motion carried.
Trustee Mayer agreed with the process of Hme Rule, but requested
studying other avenues of revenue sources other than the Sales
Tax. Trustees Shumate and Winters concurred with Trustee Mayer.
President Bushy acknowledged Oak Brook Association of commerce and
Industry (OBACI) represeWLatives, Dave Gooder and their Executive
4
Director. President Bushy noted meetings With the management of
the Shopping Center and OBACI regarding Home Rule, and they have a
distinct interest in maintaining Oak Brook in a manner and fashion
that support the large investment as residents, cluding proper
maintenance of the infrastructure.
A resident commented on the crime rate increase at the Shopping
Center and the crime prevention expenditures Of the Village to
properly maintain security at the Shopping Center. Trustee
Bartecki stated the shopping :
Trustee Bartecki moved to pass Ordinance No. G-491, "AN ORDINANCE
FURTHER AMENDING ORDINANCE G-470, wAN ORDINANCE ESTABLISHING A
UTILITY TAX WITHIN 7111E VILLAGE OF OAK BROf3K, DU PAGE Am COOK
COUNTIES, ILLTNoIS111f to extend the Utility Tax at the present
level from October ll 1992 to September 30, 1,993. Seconded by
Trustee Nayer. Trustee Bartecki stated that the existing tax
rates imposed on the public utilities would not be changed. ROLL
CALL VOTE: and
Ayes: 5-Trustees Bartecki, Mayer, Payovich, Shumate
Skinner.
Nays: 0-None.
Absent: O-None.
Abstain: 1-Trustee Winters. Notion carried.
President Bushy concurred with this motion.
Acting Village Manager Kapff requested the Village Attorney to
address the Board on the proper procedures to present facts
regarding Home Rule to the residents.
12. ADJOURN14 ENT :
Trustee Bartecki moved to adjourn the meeting at 11:10 P.m.. Seconded by
Trustee Payovich. VOICE VOTE: Motion carried.
ATTEST:
'71�ndaK-.- - Gonnella
Village Clerk
btmn728
VILLAGE '6F- BROOK Minutes 10 July 28, 1992
� -6
ADJOURNMI M-