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Minutes - 09/11/2001 - Board of TrusteesMINUTES OF THE SEPTEMBER 11, 2001 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN BY THE VILLAGE BOARD ON SEPTEMBER 25, 2001. 1. 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 7:30 p.m. Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL The Deputy Village Clerk called the roll with the following persons PRESENT: President Karen M. Bushy, Trustees George T. Caleel, Susan Korin, Elaine Miologos and Alfred P. Savino. ABSENT: Trustees Adam Butler and John W. Craig. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director; Michael J. Meranda, Director of Public Works. 3. MOMENT OF SILENCE FOR THE TRAGEDY OF THIS DAY: ANNOUNCE President Bushy expressed that this had been a day of deep distress and anguish for every American. She reflected on the tragedies of the past and added that this day of attack on our country will enter into the ranks of those experiences. She expressed the feeling that all of us had a burden in our hearts for the people involved in this tragedy and offered a moment of silence for those who lost their lives on the altar of freedom today. She thanked the community for their patience and the local churches for their notification of the schedule of services. She indicated that as the Village had additional information it would be made available through the switchboard. She added that out of respect for the victims and her belief that this is a time when people should all be home with their families or at a place of worship if that is your choice, the agenda had been truncated to the minimum of items that need to be addressed. The agenda contained only those items, which must be addressed so that the Village functions until the next Board meeting when the remainder of the agenda will be completed. VILLAGE OF OAK BROOK Minutes Page 1 of 7 September 11, 2001 4. APPROVAL OF MINUTES: MINUTES 5 Motion by Trustee Caleel, seconded by Trustee Savino, to approve the minutes of the Regular Board of Trustees Meeting of August 28, 2001 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. Motion by Trustee Caleel, seconded by Trustee Savino, to approve the Consent Agenda as presented. ROLL CALL VOTE: Ayes: 4 — Trustees Caleel, Korin, Miologos and Savino. Nays: 0 - None. Absent: 2 - Trustees Butler and Craig. Motion carried. A. APPROVAL OF BILLS - $620,028.71 C. AGENDA APPROVAL BILLS $620.028.71 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING PAYROLL SEPTEMBER 1, 2001- $599,536.32 $599.536.32 C. APPROVAL OF CHANGE ORDERS — None. D. APPROVAL OF PAYOUTS: CH. ORDERS PAYOUTS 1) JAMES J. BENES & ASSOCIATES, INC. — PAYOUT #13 — 2001 2001 PVG DRNG PAVING & DRAINAGE PROJECT - $16,102.64 PROJECT 2) HARBOUR CONTRACTORS, INC. — PAYOUT #7 - MUN. CPLX MUNICIPAL COMPLEX PROJECT — $276,269.93 PROJECT E. APPROVAL OF REFERRALS — None. F. APPROVAL OF AUTHORIZATION TO SEEK BIDS OR APPROVE BIDS PROPOSALS: 1) ABANDONMENT OF WELL #1 — PUBLIC WORKS ABDN WELL 2) UNIFORMS & MISCELLANEOUS EQUIPMENT — FIRE UNIFORMS/ DEPARTMENT EQUIP - FD VILLAGE OF OAK BROOK Minutes 4 Page 2 of 7 September 11, 2001 5. G. GRANT OF EASEMENT TO NORTHERN ILLINOIS GAS NICOR EASEMENT COMPANY — SPRING ROAD H. ORDINANCE 2001 -PP -S -1001 AN ORDINANCE AUTHORIZING 0#01 -PP -S -1001 THE SALE OF CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE OF OAK BROOK 6. ITEMS REMOVED FROM CONSENT AGENDA: None RMVD C AONDA 7. BOARD & COMMISSION RECOMMENDATIONS: None BD /COMM RECOM 8. ACTIVE AGENDA (Items for Final Actions ACTIVE AGENDA A. APPOINTMENTS: None APPOINTMENT B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 2001- ZO- SU- FP -EXl -S -1002 AN ORDINANCE 0#01-ZO-SU-FP-EX1- GRANTING A FLOOD PLAIN SPECIAL USE PERMIT S -1002 PURSUANT TO SECTION 9 -1 -8 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (341 FOREST TRAIL, OAK BROOK, IL 60523 Pursuant to the Board's direction, Village Attorney Martens has drafted an ordinance, which grants a flood plain special use permit for construction of improvements to the existing residence at 341 Forest Trail located within the flood plain. Motion by Trustee Savino, seconded by Trustee Caleel, to approve Ordinance 2001- ZO- SU -FP -EX 1 -S -1002, "An Ordinance Granting A Flood Plain Special Use Permit Pursuant to Section 9 -1 -8 of the Village Code of the Village of Oak Brook, Illinois (341 Forest Trail, Oak Brook, IL 60523) ". ROLL CALL VOTE: Ayes: 4 — Trustees Caleel, Korin, Miologos and Savino. Nays: 0 - None. Absent: 2 - Trustees Butler and Craig. Motion carried. 2) ORDINANCE 2001- ZO -V -S -1003 AN ORDINANCE 0#01- ZO -v -S -1003 GRANTING VARIATIONS FROM THE PROVISIONS OF SECTIONS 9 -1 -9 AND 9 -1 -10 OF THE VILLAGE CODE OF THE VILLAGE OF OAK ILLINOIS (341 FOREST TRAIL, OAK BROOK, IL 60523 VILLAGE OF OAK BROOK Minutes /0�- Page 3 of 7 September 11, 2001 8. B. 2) Pursuant to the Board's direction Village Attorney Martens has drafted an ordinance which grants variations from the flood plain and wetland regulations to permit the first floor of the proposed improvements to be less than one foot above the base flood elevation. Motion by Trustee Savino, seconded by Trustee Caleel, to approve Ordinance 2001- ZO -V -S -1003, "An Ordinance Granting Variations from the Provision of Sections 9 -1 -9 and 9 -1 -10 of the Village Code of the Village of Oak Brook, Illinois (341 Forest Trail, Oak Brook, IL 60523) ". ROLL CALL VOTE: Ayes: 4 — Trustees Caleel, Korin, Miologos and Savino. Nays: 0 - None. Absent: 2 - Trustees Butler and Craig. Motion carried. 3) ORDINANCE 2001- ZO -V -S -1004 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 613-3F2 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SIDE YARD REQUIREMENTS (10 LOCHINVAR LANE, OAK BROOK, IL 60523 Pursuant to the Board's direction, Village Attorney Martens has drafted an ordinance which grants a variation to permit the construction of a second -floor addition to an existing non- conforming home which currently encroaches 11 feet into the required 18 -foot side yard at the property at 10 Lochinvar Lane. Motion by Trustee Savino, seconded by Trustee Caleel, to approve Ordinance 2001- ZO -V -S -1004 "An Ordinance Granting a Variation from the Provisions of Section 13 -6B -3172 of the Village Code of the Village of Oak Brook Relative to Side Yard Requirements (10 Lochinvar Lane, Oak Brook, IL 60523)." ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Korin, Miologos and Savino. Nays: 0 - None. Absent: 2 - Trustees Butler and Craig. Motion carried. C. AWARD OF CONTRACTS: 1) 2001 WATER MAIN & DRAINAGE PROJECT Fourteen bid packages were sent out and three sealed bids were received on September 5, 2001 for this project. Staff called the companies who decided not to bid. VILLAGE OF OAK BROOK Minutes Page 4 of 7 September 11, 2001 0#01- ZO -V -S -1004 AWARD CT 01 W MN PROJ 8. C. 1) Two stated that they were too busy, one stated that they were a subcontractor only, one stated that the job was too small, and another stated that he decided to bid on another project due on the same day. The other nine companies did not return the call. The budgeted amount for this project is $88,000.00 from the Water System Improvements Program and $48,000.00 from the Stormwater Management Improvements Program for a total of $136,000.00. The engineer's estimate of construction cost was $103,070.00. Work is scheduled for completion by November 21, 2001. J. Congdon has worked recently in the Village, as a subcontractor to our paving companies and their work has been satisfactory. Motion by Trustee Miologos, seconded by Trustee Caleel, that a contract be awarded, subject to staff review, to the lowest responsive and responsible bidder, J. Congdon Sewer Service, Inc., 170 -A Alexandria Way, Carol Stream, Illinois 60188 based on the unit prices listed on the bid tabulation, for an estimated total contract price of $132,661.00. ROLL CALL VOTE: Ayes: 4 — Trustees Caleel, Korin, Miologos and Savino. Nays: 0 - None. Absent: 2 - Trustees Butler and Craig. Motion carried. D. RATIFICATION OF AN EMERGENCY CHANGE ORDER — EMG CH ORDER - LIBRARY PROJECT VOICE & DATA CABLING LIB PROJ An emergency situation arose with the Library construction project, requiring Village Board authorization to allow the project to continue. The Village Board was polled on Friday, September 7, 2001 and staff received authorization for the voice and data cabling to be installed simultaneously with installation of the accessible floor. It was believed that the voice and data cabling would be completed further along in the construction process, allowing adequate time to advertise for and receive sealed bids. Because of the unusual and unique aspects of this flooring system, the cabling must be pulled simultaneously with floor installation. This is to optimally protect the sanitary integrity of the plenum once the floor is in place, while construction activity continues above it. Construction debris could collect in the pen plenum, causing potential air quality problems. Therefore, the floor must be cleaned and sealed after installation and not opened again until construction is complete. Once construction is completed, the floor will be accessible for regular maintenance. VILLAGE OF OAK BROOK Minutes Page 5 of 7 September 11, 2001 8. D. The Library consultant was able to provide a cabler to do this work immediately. Staff has checked the cost with Harbour Contractors, Inc. and it appears reasonable. The emergency nature prevents a normal bidding process (which was the Village's original intent). Without this authorization, it would have been necessary to stop work and proceed with the bidding process. The subsequent work stoppage would have been a minimum of six weeks and would have incurred significant additional costs and penalties from other contractors having to be pulled off the job. Funds for cabling are in the Library technology budget and were anticipated to be approximately $27,000 to $35,000. Concern was expressed that Harbour Contractors, Inc had not foreseen these circumstances. Manager Veitch responded that in hindsight it was probably correct that it should have been foreseen, but our own inspectors and staff felt that it was a necessary action. The difference arose because it was not required that data cabling be within conduit. Conduit would increase the price considerably but the cabling could be threaded through at a later date. Therefore, if the cabling was run without conduit it needed to be protected and placed at this time. Motion by Trustee Korin, seconded by Trustee Savino, to waive bidding and ratify and confirm the emergency change order authorized by the Village Board in a telephone poll on Friday, September 7, 2001, to proceed with installation of voice and data cabling at the Library construction site, based on the following findings of fact: 1. The circumstances were not reasonably foreseeable at the time the contract was signed, and 2. The change order is in the best interest of the Village of Oak Brook and authorized by law. ROLL CALL VOTE: Ayes: 4 — Trustees Caleel, Korin, Miologos and Savino Nays: 0 - None Absent: 2 - Trustees Butler and Craig. Motion carried 9. INFORMATION & UPDATES: President Bushy reported that she had received a letter from Senator Walter Dudycz. She summarized that the state was looking at legalizing gambling in local liquor establishments in order to gain control of video gambling through licensing and gain revenue from taxing structures. She indicated that the legislation had not been drafted and they were looking for comments from local municipalities by October 9, 2001. VILLAGE OF OAK BROOK Minutes 1� Page 6 of 7 September 11, 2001 INFO & UPDATES She suggested that if it is enacted, the Village urge the context of the statute not restrict local governments that are non home -rule from enacting stricter regulations such as prohibition. She reminded the Board that non -home rule municipalities must follow what the state does which would mean that we would have to permit gambling machines. President Bushy asked for thoughts and comments that could be forwarded to Senator Dudycz in a timely fashion. 10. DEPARTMENTAL REPORTS: -None. 11. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): None. DEPT. RPTS UNFIN & NEW BUSINESS 12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None. OTHER BUS. 13. ADJOURNMENT: Motion by Trustee Caleel, seconded by Trustee Savino, to adjourn the meeting at 7:47 p.m. VOICE VOTE. Motion carried. ATTEST: L] '2,1c: 6,"W' Linda K. Gonnella, CMC Village Clerk BOT091101.Rev 2 VILLAGE OF OAK BROOK Minutes Page 7 of 7 September 11, 2001 ADJRN