Minutes - 10/09/2001 - Board of Trustees1
2.
3.
MINUTES OF THE OCTOBER 9, 2001 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON OCTOBER 23, 2001.
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 7:31 p.m. Pledge of Allegiance was given.
ROLL CALL:
The Village Clerk called the roll with the following persons
PRESENT: President Karen M. Bushy, Trustees Adam Butler, George T.
Caleel, John W. Craig, Susan Chase Korin, and Alfred P.
Savino.
ABSENT: Trustee Elaine Miologos
IN ATTENDANCE: Stephen B. Veitch, Village Manager; Dale L. Durfey, Jr.,
Village Engineer; Debra J. Jarvis, Fire Chief, 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, Director of
Public Works; Bonnie Sartore, Bath & Tennis Club Manager;
Trey VanDyke, Golf Club Manager and Robert Cronholm, Fire
Captain.
ANNOUNCEMENTS AND OPEN FORUM:
President Bushy thanked Trustee Savino for serving as President Pro -Tem in
her absence during the prior Board meeting. She also thanked the Trustees for
their indulgence on the night of September 11, 2001 when the agenda was
shortened in order to address those items that were necessary even in the light
of the day's events.
She noted that a minister at Christ Church in Oak Brook had been a passenger
on one of the airplanes that crashed into the World Trade Center. She
commended the Oak Brook Police Department for their assistance with the
traffic flow during the prayer services for the Reverend Jeffrey Mladenik. In
particular, she thanked Sergeant Michael King and Office Roy Lancor for their
efforts in recognizing the unusual traffic and providing order.
VILLAGE OF OAK BROOK Minutes
Page 1 of 19 October 9, 2001
CALL TO ORDER
ROLL CALL
ANNOUNCE
3. President Bushy stated that she had reviewed the video of the last Board
meeting and was concerned that comments made that the Board had been
presented with an agreement relating to the 31't Street Project could be
interpreted to mean that the agreement had already been signed by the Village.
She felt the need to clarify that the signatures on the contract were from DuPage
County only. Trustee Caleel responded that he recognized that the signatures
were from DuPage County, but was concerned that the contract had been
negotiated without input from the Board who might have brought forth the
issue of a traffic signal. Manager Veitch responded that discussion of the signal
had been part of the negotiations and is provided for in the agreement.
4. APPROVAL OF MINUTES: MINUTES:
BOT 09/25/01
Motion by Trustee Caleel, seconded by Trustee Savino, to approve the minutes
of the Regular Board of Trustees Meeting of September 25, 2001 as presented
and waive the full reading thereof. VOICE VOTE: Motion carried.
5. CONSENT AGENDA: c. AGENDA
All items on the Consent Agenda are considered to be routine in nature and will
be enacted in one motion.
Motion by Trustee Savino, seconded by Trustee Butler, to approve the Consent
Agenda as presented. ROLL CALL VOTE:
Ayes: 5 — Trustees Butler, Caleel, Craig, Korin and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Miologos. Motion carried.
ennanv e i
DLLLJ:
A. APPROVAL OF BILLS $993,279.44 $993,279.44
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING SEPTEMBER PAYROLL -
29, 2001 - $584,687.97 S584,687.97
C. CHANGE ORDERS: None.
D. PAYOUTS: PAYOUTS:
1) SIGALOS & ASSOCIATES — PAYOUT # 8 — BATH & TENNIS B & T RENOV.
CLUB PROJECT - $80,513.00
2) HARBOUR CONTRACTORS, INC. — PAYOUT #9 — LIBRARY LIB BLDG PROJ
BUILDING PROJECT - $407,642.40
VILLAGE OF OAK BROOK Minutes Page 2 of 19 October 9, 2001
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D. 3) JAMES J. BENES & ASSOCIATES, INC. —PAYOUT #14 — 2001
PAVING & DRAINAGE PROJECT - $12,156.30
4) HARBOUR CONTRACTORS, INC. — PAYOUT #8 — MUNICIPAL
COMPLEX PROJECT - $207,159.22
E. REFERRALS: None.
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS: None.
ITEMS REMOVED FROM CONSENT AGENDA: None.
BOARD & COMMISSION RECOMMENDATIONS:
2001 PVG & DRNG
PROD
MUNICIPAL
COMPLX PROJECT
RMVD C AGNDA
BD /COMM RECOM
A. VILLAGE OF OAK BROOK — ZONING ORDINANCE REVIEW zON ORD REVIEW
PROJECT — TEXT AMENDMENT — TITLE 13 OF THE VILLAGE TITLE 13 CHAPT 12
CODE — REVISIONS TO CHAPTER 12 OFF - STREET PARKING AND
LOADING
The Plan Commission at its meeting on July 16, 2001 voted 5 to 0 and the
Zoning Board of Appeal at its meeting on September 4, 2001, voted 6 to 0
to recommend approval of the request from the Village of Oak Brook for
text amendments to Chapter 12 — Off - Street Parking and Loading. These
amendments represent the next phase of a multi -phase project to update the
Zoning Ordinance.
Prior to forwarding this petition to the Plan Commission and Zoning Board
of Appeals, the Zoning Ordinance Review Committee (ZORC) consisting
of Village Manager Veitch, Village Trustee Savino — Community
Development Liaison, Village Attorney Martens, Village Engineer Durfey
and Community Development Director Kallien had met to review and
recommend the amendment.
The amendments for Chapter 12 may be divided into two categories: a)
those that are more general in nature which clarify conflicting and/or vague
terminology, and b) changes being recommended to address specific issues
or concerns. Minor editing has been proposed to improve readability. In
some instances, sections of the chapter have been moved to more
appropriate locations or have been deleted if found to be repetitive.
Trustee Savino asked Robert L. Kallien, Jr., Director of Community
Development, to explain in detail the most significant changes:
VILLAGE OF OAK BROOK Minutes
Page 3 of 19 October 9, 2001
7. A. 13- 12 -1 -A. Decreasing the timeframe to begin construction of required
parking. Director Kallien commented that currently the ordinance allows
180 days and the change reduces it to 90 days which is consistent with
building permit time periods.
13- 12 -1 -D. Clarify the authority of the Village Engineer. Director Kallien
explained that currently within this chapter the Village Engineer oversaw
enforcement but that the Community Development Director held that
responsibility for all other sections of the zoning ordinance. This change
would provide that enforcement and interpretation for issues within this
section would be handled by the Community Development Director and
the Village Engineer would have the ability to approve the engineering
drawings where necessary and be intimately involved in the process.
13 -12 -3. Damage and destruction of uses. Director Kallien indicated that
this section was just being moved to the end of the ordinance because it
would be easier to delete when other changes that are under consideration
could replace it.
13- 12 -3 -B. Location of required parking on adjacent property. Director
Kallien described that this was a confirmation of the approved scenario that
allowed required parking facilities on adjacent property.
13- 12 -3 -C. Width of Parking spaces for office and hotel use. Director
Kallien reported that in many instances office and hotel parking commingle
and it made more sense to provide for a consistent space size rather than
requiring a different size for each usage. Discussion ensued related to
hotel garage parking space size. Director Kallien affirmed that if a hotel
requested a restriping based on this change it would be reviewed to be sure
that the safety of the public and appropriate traffic movement would be
maintained.
13- 12 -3 -D. Timing of construction or required parking spaces. Director
Kallien stated that the concept was for a very large redevelopment project
to allow the developer to provide only 75% of the required parking during
the phases of the development since the occupancy would be phased in as
sections were completed and all of the parking would not be required until
the total project was complete. He added that it would be conditioned upon
approval of future building or occupancy permits for the property.
13- 12 -3 -J. Clarify the concept of collective parking arrangement. Director
Kallien reiterated that this was similar to the previous discussion on
adjacent parking but allowed use of excess capacity for another use.
VILLAGE OF OAK BROOK Minutes Page 4 of 19 October 9, 2001
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7. A. He assured the Board that it would be reviewed so that there would be
adequate parking for the two uses together and that there would not be a
deficiency situation that could not be easily remedied.
13- 12 -3 -M. Repair and service. Director Kallien explained that the current
ordinance stated that commercial repair had to occur within a building, but
with the emergence of parking decks the wording has been corrected to
indicate no such activity in "off- street" parking areas to include parking
decks and lots. He added that a clause was included to permit emergency
repairs.
13- 12 -4 -A. Design and maintenance of off - street parking spaces. Director
Kallien offered that this change required all new off - street parking to be a
hard surface except in the residential R -1 and R -2 districts.
13- 12 -4 -B. Maintenance of landscaped areas. Director Kallien stated that
this provided for adherence to property maintenance codes. He stated that
the addition was made to assure maintenance of landscape areas within off -
street parking areas.
13- 12 -4 -C. Interior parking lot landscaping. Director Kallien reported that
there was a lot of discussion between the Plan Commission and the Zoning
Board on this provision. He said that current code required a tree every 75
feet within the longitudinal landscaped area and that a tree island be
provided every 20 spaces. It has been recommended that the space
between trees be 40 feet, that a tree island be provided every 15 spaces, and
that the minimum size of the tree be three inches or more in diameter.
President Bushy commented that if the required size of the tree was
increased it might be necessary to increase the size of the median to
accommodate it. Director Kallien agreed and indicated that this would be
reconciled through the engineering process.
13 -12 -4 -(Old E -1 -3). Methods of landscaping. Director Kallien indicated
that currently the ordinance made recommendations for certain types of
landscape treatments, but it was being recommended that it be left up to the
property owner to propose the landscaping treatment subject to review and
approval of the Village.
13- 12 -4 -H. Striping and circulation. Director Kallien commented that it is
the recommendation of the Plan Commission and Zoning Board that the
current language requiring parking spaces to be delineated by double white
lines approximately 18 inches apart be retained. He observed that
historically it had been difficult to enforce and ultimately increases the cost
of constructing and maintaining parking facilities.
VILLAGE OF OAK BROOK Minutes Page 5 of 19 October 9, 2001
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A. He indicated that staff has recommended that this language be deleted.
Engineer Durfey gave history that indicated in many instances the correct
striping was not done, it was noted during the final inspection, the bond
was not returned as a result and nothing further was done to enforce the
requirement. Comments were made that indicated it was a desirable
requirement and that occupancy permits should not be issued until striping
is done in compliance with the ordinance.
13- 12 -4 -J. Parking structures. Director Kallien reported that this topic
received a great deal of scrutiny and comments because it was the goal of
the Plan Commission and the Zoning Board through redevelopment efforts
to use the opportunity to improve the look of parking structures and decks
in Oak Brook. He offered that they would require more landscaping, that
there would be more attention given to lighting and that they truly try to tie
together the architectural and design of the building and parking structure.
13 -12 -5. Off - Street parking areas. Director Kallien explained that some of
the calculations in the current ordinance were very difficult and would
change as the usage might change. The modest changes in the calculations
are widely accepted through the Traffic Engineers Society.
13- 12- 6 -D -2. Handicap parking signage. Director Kallien noted that this
was a confirmation of State law which stipulates that the parking fine for
illegal use is $100.00.
13- 12 -7 -A. Landscaping of loading berths. Director Kallien stated that
current policy was to use a landscaping or some type of a physical barrier
to screen loading berths. He indicated that loading berths adjacent to
residential property would be required to have a combination of a solid
barrier and landscaping.
In making these recommendations, the Zoning Board of Appeals concurred
with the Plan Commission finding that the petitioner has satisfactorily
addressed the factors applicable to text amendments to the Zoning
Ordinance.
Discussion revolved around additional and larger trees. Comment was
made that many people did not want to park a car under a tree. Further
discussion revolved around the size of the landscape area and suggested
varied landscaping rather than rows of trees. Manager Veitch responded
that the ordinance was established for minimum requirements, that nothing
prevented a developer from doing more. Attorney Martens suggested that
variances could be considered for creative placement.
VILLAGE OF OAK BROOK Minutes
No
Page 6of19
October 9, 2001
7. A. Consensus of the Board was reached to direct Attorney Martens to develop
language that the island area set aside for landscaping be substantially the
size of a parking space.
Comment was made that the recommendation would retain the language
requiring parking spaces to be delineated by double white lines in lieu of
staff's recommendation that it be deleted. It was the consensus of the
Board to retain that requirement.
Motion by Trustee Savino, seconded by Trustee Caleel, to concur with the
recommendations of the Plan Commission and Zoning Board of Appeals
and authorize the Village Attorney to draft the necessary ordinance with
the added language relating to landscape island area for consideration at the
October 23, 2001 Village Board meeting. VOICE VOTE: Motion carried.
8. ACTIVE AGENDA (Items for Final Action):
A. APPOINTMENTS: None.
B. ORDINANCES & RESOLUTIONS:
ACTIVE AGENDA
1) ORDINANCE 2001- ZO- SU -EXI -S -1005 AN ORDINANCE oRD #01- zo -su-
EX 1 -S -1005
AMENDING ORDINANCE G -68 AND GRANTING AN SPEC USE - BRwD
AMENDED SPECIAL USE PERMIT (BRIARWOOD LAKES LAKES SUB
SUBDIVISION, OAK BROOK, ILLINOIS 60523)
This ordinance grants an amendment to a special use permit to permit
limited encroachments into the common areas at Briarwood Lakes.
The amendments will allow construction of decks in the common
areas in this subdivision.
Trustee Savino asked for a clarification that approval of the Briarwood
Lakes Homeowners Association would be required before a permit is
issued for construction of a deck in the common area. Village
Manager Veitch confirmed that would be the case.
Motion by Trustee Savino, seconded by Trustee Korin, to approve
Ordinance 2001- ZO- SU -EXI -S -1005, An Ordinance Amending
Ordinance G -68 and Granting an Amended Special Use Permit
( Briarwood Lakes Subdivision, Oak Brook, IL 60523), as presented
and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 5 — Trustees Butler, Caleel, Craig, Korin and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Miologos. Motion carried.
VILLAGE OF OAK BROOK Minutes
(4/1
Page 7 of 19 October 9, 2001
President Bushy asked that item 81. — Adoption of the 2002 -2006 Five -Year
Financial Plan be placed earlier on the agenda for discussion before addressing
the proposed tax increases.
8. F. ADOPTION OF 2002 -2006 FIVE -YEAR FINANCIAL PLAN
President Bushy offered the suggestion through a memo to the Trustees
that some additional options related to income be considered.
President Bushy read into the record the following comments made by
Trustee Miologos. "Unfortunately, I was called out of the country and am
not able to attend the October 9th Village Board Meeting at which we will
be voting to approve the 5 year financial plan. I have spent many hours on
my own and with Village Staff working to understand our financial
planning process. As a result I feel comfortable making the following
statement. I cannot support a 5 -yr. Financial plan that shows revenue
increasing in 2002. I do not believe there will be an increase in revenue
therefore I do not think it is fiscally responsible to budget for expenses
which rely on those increased revenues."
Trustee Korin stated that she also would not endorse a Five -Year Plan that
shows an increase of sales tax revenue. Trustee Caleel stated that he would
support the plan for a six -month period as long as there are no major
capital improvements or additional hires without Board approval. He
voiced concern that once the Board approved the plan, that whether or not
the revenues were available, the expenditures would still be made.
Trustee Korin suggested that there be a Committee -of- the -Whole Meeting
in June of 2002 to review current revenue trends and address the Five -Year
Plan. She added that in conversation with Manager Veitch he assured her
that the actual budget document would reflect no increase in revenues and
expenditures based on those figures. She still felt that it was difficult to
approve a plan that was contrary to that philosophy. Manager Veitch
concurred with the suggestion of a Committee -of- the -Whole Meeting in
June and suggested one in the month of April also.
Manager Veitch reported that an eight -year history would show that the
budget for the first year of a Five -Year Plan is normally tighter than the
assumptions in the Five -Year Plan. He added that expenditures were being
adjusted, and items were being deferred to the extent that they can. He
assured the Board that it was not the practice of staff, nor had it been in the
past, to make an expenditure just because it was included in the Five -Year
Plan or in the budget.
VILLAGE OF OAK BROOK Minutes Page 8 of 19 October 9, 2001
ON
8. F. Trustee Savino affirmed Manager Veitch's comment based on his
experience during the past six years. He added that he would approve the
Plan as presented.
President Bushy recognized that this was a topic that would be addressed
continuously. She brought to the Board's attention the fact that at the
beginning of this process the Board was to look at the mission and vision
statement to adjust it if necessary. She emphasized that staff was told that
this was to be used to build the plan and the budget. She quoted the
mission statement: "The mission of the Village of Oak Brook is to provide
the community with excellent local government services that meet the
needs of its citizens and are delivered in a professional, responsive and
responsible manner."
President Bushy proposed adding an additional 1% to the Utility Taxes
which would be used in the General Corporate Fund to provide the ability
to add the police officers, fire fighters, library and public works personnel.
She stated that the total cost with this additional 1% would still be only
approximately $.70 per day per household. She pointed out that many
other communities who have more consistent revenue based on real estate
taxes are already dipping into their cash reserves, which have always been
considered "rainy day funds ". She pointed out that the projections based
on this recommendation maintain a six -month reserve. She reiterated that
during the six -month financial review suggested by the Board if revenues
were positive, the tax could be reduced; but that if revenues did not
increase, this would prove to be a prudent move to offset the lack of sales
revenue increases.
Trustee Savino stated that he was not opposed to the additional tax and that
it would provide the ability to hire the public safety personnel that have
already been postponed for a year and were very important to provide for
the community.
Discussion ensued related to the priority of public safety personnel and
equipment and the reasons why it was important to maintain them.
Additional comments were made related to the difference between the
Five -Year Plan and the actual budget dollars. Finance Director Langlois
reiterated Trustee Caleel's statement that the plan was a "road map" or
planning tool and was not specific to dollar expenditures. The budget
would reflect actual expenditures and would be trimmed in order to meet
revenues.
VILLAGE OF OAK BROOK Minutes Page 9 of 19 October 9, 2001
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F. Trustee Korin voiced her opposition to the additional tax, although she
agreed that businesses were drawn to the Village of Oak Brook because of
the excellent services provided. She still felt the hiring of additional
personnel was not prudent until there was a better feel for what revenues
will do. Village Manager Veitch reiterated that it was still the plan not to
hire any additional personnel (with the exception of minimal Library staff)
until mid -year.
Motion by Trustee Savino and seconded by Trustee Butler, to adopt Plan
B -4 of the 2002 -2006 Five -Year Financial Plan which included a 5% utility
tax and telecommunication tax. VOICE VOTE: Nays: Trustees Craig and
Korin. Motion carried.
B. 2. ORDINANCE 2001 -TX- TELCOM -G -684 AN ORDINANCE ORD #01 -Tx-
TELCOM -G -684
FURTHER AMENDING ORDINANCE G -645, AN ORDINANCE AMND G -645 -
IMPOSING A MUNICIPAL TELECOMMUNICATION TAX TELECOMM TAX
WI_THIN THE VILLAGE OF OAK BROOK, DUPAGE AND COOK
COUNTIES, IL
Pursuant to the recent discussions regarding the 2002 -2006 Five -Year
Financial Plan, the three ordinances have been prepared to put in place
the revenue enhancement required under Option B -3. The revised
rates have been made effective as of November 1, 2001 (the earliest
date the Village could reasonably expect the utilities to implement the
changes). The telecommunication tax increase of 2% will be
deposited in the General Corporate Fund, a 1% increase in the utility
tax and electricity tax will be deposited in the Equipment Replacement
Fund in order to fund the prior General Corporate Fund and
Infrastructure Fund share of equipment replacement charges, and the
additional 1% increase will be deposited in the General Corporate
Fund.
Motion by Trustee Savino, seconded by Trustee Butler, to approve
Ordinance 2001 -TX- TELCOM -G -684 "An Ordinance Further
Amending Ordinance G -645, An Ordinance Imposing a Municipal
Telecommunication Tax Within the Village of Oak Brook, DuPage
and Cook Counties, IL ", which increases the Municipal
Telecommunications Tax imposed under Chapter 3, Title 5 of the
Village Code of the Village of Oak Brook from 3% to 5% as presented
and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 4 — Trustees Butler, Caleel, Korin and Savino
Nays: 1 - Trustee Craig.
Absent: 1 - Trustees Miologos. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 10 of 19
October 9, 2001
8. B. 3) ORDINANCE 2001- TX -UT -G -685 AN ORDINANCE FURTHER oRD #oi - Tx -UT -G-
AMENDING ORDINANCE G -470, "AN ORDINANCE UTILITYD X47o
ESTABLISHING A UTILITY TAX WITHIN THE VILLAGE OF
OAK BROOK DUPAGE AND COOK COUNTIES, ILLINOIS"
Manager Veitch stated that based on the vote related to the Five -Year
Plan, the tax rate reflected in this Ordinance would be revised from
4% to 5% (increasing from 3 %).
Motion by Trustee Savino, seconded by Trustee Butler, to approve
Ordinance 2001- TX -UT -G -685 "An Ordinance Further Amending
Ordinance G -470, An Ordinance Establishing a Utility Tax Within the
Village of Oak Brook, Du Page and Cook Counties, Illinois ", which
increases the Municipal Utility Tax imposed under Chapter 1, Title 5
of the Village Code of the Village of Oak Brook from 3% to 5% and
extends the "sunset' provision by one year to December 31, 2002 as
amended and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 4 — President Bushy, Trustees Butler, Caleel and Savino.
Nays: 2 - Trustees Craig and Korin.
Absent: 1 - Trustee Miologos. Motion carried.
President Bushy voted because there was not a clear majority.
4) ORDINANCE 2001- TX -UT -G -686 AN ORDINANCE AMENDING oRD #o1 - Tx -uT -G-
686 AM ill D CHAP 4
CHAPTER 4 OF TITLE 5 OF THE VILLAGE CODE OF THE TITLE s
VILLAGE OF OAK BROOK ESTABLISHING AN ELECTRICITY
TAX WITHIN THE VILLAGE OF OAK BROOK, DUPAGE AND
COOK COUNTIES, ILLINOIS
Manager Veitch stated that based on the vote related to the Five -Year
Plan, the rate of the increase in this Ordinance would be revised from
the equivalent of 4% of gross receipts to 5% of gross receipts
(increased from 3 %).
Motion by Trustee Savino, seconded by Trustee Butler, to approve
Ordinance 2001- TX -UT -G -686 "An Ordinance Amending Chapter 4
of Title 5 of the Village Code of the Village of Oak Brook
Establishing an Electricity Tax Within the Village of Oak Brook,
DuPage and Cook Counties, Illinois ", which increases the Municipal
Electricity Tax for each of ten rate tiers imposed under Chapter 4,
Title 5 of the Village Code of the Village of Oak Brook by 33.3% in
order to generate an amount that approximates 5% of gross receipts as
amended and waive the full reading thereof.
VILLAGE OF OAK BROOK Minutes Page 11 of 19 October 9, 2001
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8. B. 4) ROLL CALL VOTE:
Ayes: 4 - President Bushy, Trustees Butler, Caleel and Savino.
Nays: 2 - Trustees Craig and Korin.
Absent: 1 - Trustee Miologos. Motion carried.
President Bushy voted because there was not a clear majority.
Trustee Caleel asked to review the finances in April to see what the
proposed federal economic incentives might do to change our
projections. He felt that if there was an upturn in the economy at that
time, the Board could look at hiring of public safety personnel because
if any further attacks occurred people would be looking for public
safety personnel.
5) RESOLUTION 2001- AG- WA -EXI -R -789 A RESOLUTION
APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF
OAKBROOK TERRACE, THE VILLAGE OF OAK BROOK AND
HARP OAKBROOK TERRACE, L.L.C. FOR LAKE MICHIGAN
WATER THROUGH A SECOND INTERCONNECTION
Oakbrook Terrace is constructing a second DuPage Water
Commission connection on Butterfield Road near the Lincoln site,
which will ultimately serve Lincoln and other future Oakbrook
Terrace customers in the western portion of the City, including
Staybridge. The temporary service arrangement involves connecting
the new Oakbrook Terrace mains built to serve the area to the Oak
Brook system at Trans Am Plaza Drive (using a standard emergency
interconnection configuration) and serving the subject properties
through that second interconnection for a period of time. Technically,
the water is sold by the DuPage Water Commission to Oakbrook
Terrace and resold to the customers at Oakbrook Terrace's rates. The
Oak Brook system is merely a temporary conduit for delivery.
The arrangement also provides for delivery to the Oak Brook system
of additional water, should Oak Brook need it in order to avoid impact
on Oak Brook customers, through the first interconnection, located on
Midwest Road. Oakbrook Terrace is obligated to deliver such water,
if requested, in an amount at least equal to that taken by Lincoln and
Staybridge. The second interconnection has been constructed at no
cost to the Village and will continue to exist after the temporary
service arrangement ceases.
VILLAGE OF OAK BROOK Minutes
Page 12 of 19
October 9, 2001
RES #01 -AG-WA-
EX I -R-789 INTGVN
AGREE - WATER -
OKBRK TERR
B. 5) Manager Veitch reminded the Board that there had been previous
discussion regarding expansion of the arrangement for temporary
water service to Oakbrook Terrace using the Oak Brook system as a
delivery conduit to an additional property. He commented that at the
time the Village of Oak Brook was in opposition to the addition of
another building to this arrangement because it appeared that the
building would come on line at a time that coincided with our peak
summer season. He reported that since that did not happen, the
Village of Oak Brook was more receptive to the idea by means of a
separate agreement. It is noted that Trustee Butler exited the meeting
briefly.
Motion by Trustee Caleel, seconded by Trustee Savino, to approve
Resolution 2001- AG- WA -EXI -R -789 "A Resolution Approving and
Authorizing the Execution of an Intergovernmental Agreement
Among the City of Oakbrook Terrace, The Village of Oak Brook and
Harp Oakbrook Terrace, L.L.C. for Lake Michigan Water Through a
Second Interconnection" as presented and waive the full reading
thereof. ROLL CALL VOTE:
Ayes: 4 — Trustees Caleel, Craig, Korin and Savino.
Nays: 0 - None.
Absent: 2 - Trustees Butler and Miologos. Motion carried.
C. AWARD OF CONTRACTS: AWARD CT
1) ENGINEERING SERVICES — 2002 PAVING PROJECT 2002 PVG PROJ
Following Village Board direction at its September 25`h meeting, staff
has negotiated a professional services contract with James Benes &
Associates, Inc. to provide design and construction services for the
2002 Paving Project. This Project will span two budget years. Funds
for the first phase of the project, in the amount of $9,000, are included
in the current Roadway Improvements Program (41 -461). The
remainder of the project will be in the 2002 Budget.
Manager Veitch pointed out to the Board that the paving projects have
finally begun to get smaller with commiserately smaller engineering
services. He added that the scope of this project involves resurfacing
Birchwood Road, Kensington Road and Kensington Court, a small
portion of Polo Road and York Road at Harger Road.
President Bushy commented that proceeding with engineering plans
for this type of project is prudent even if there was a possibility that
the project might not go forward because of funding.
VILLAGE OF OAK BROOK Minutes Page 13 of 19
pal
October 9, 2001
8. C. 1) She described an example of when the Village was able to apply for
Federal funding for a much - needed project because plans were ready.
Motion by Trustee Caleel, seconded by Trustee Butler, to award a
contract to James Benes & Associates, Inc., 1755 Park Street, Suite
100, Naperville, Illinois 60563 in the not -to- exceed amount of
$38,616.00 (includes fees of $31,001 and direct costs of $7,615.), for
design and construction services for the 2002 Paving Project. ROLL
CALL VOTE:
Ayes: 5 — Trustees Butler, Caleel, Craig, Korin and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Miologos. Motion carried.
2) ROADWAY DEICER SALT — 2001 -2002
The Village Board, at the March 27, 2001 meeting approved the
Village's participation in the State's Joint Purchasing Program for
Deicer Salt. The Village has been notified that the low bid received
was from Cargill Incorporated Salt Division in the amount of 529.97
per ton delivered (the price last year was $25.81 /ton).
As part of the contract with the State, the Village is obligated to
purchase at least 70% of the requisitioned amount (1,050 tons), and
the vendor is obligated to sell us 130% of the requisitioned amount
(1,950 tons) at the stated bid price. The vendor is not obligated to
honor the contract price for purchases in excess of 130% of the
requisitioned amount. However, as the Village uses between 1,500
and 1,700 tons during a typical winter season, the requisitioned
amount of 1,500 tons plus another 300 tons the Village presently has
on hand, should be sufficient to carry us through a normal winter.
Motion by Trustee Craig, seconded by Trustee Savino, to approve the
bid of Cargill Incorporated Salt Division in the amount of $29.97 per
ton delivered and authorize a Purchase Order for 1,500 tons of
Highway Deicer Salt in the amount of $44,955.00. ROLL CALL
VOTE:
Ayes: 5 — Trustees Butler, Caleel, Craig, Korin and Savino.
Nays: 0 - None.
Absent: 1 - Trustees Miologos. Motion carried.
President Bushy asked that this item be placed earlier in the agenda because it
had a bearing on the following items.
VILLAGE OF OAK BROOK Minutes Page 14 of 19 October 9, 2001
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2001 -02 kD %� Y SAI_ I
8. E. (TABLED FROM THE MEETING OF SEPTEMBER 25, 2001) cHNG ORDERS -
CHANGE ORDERS #9 — 12 AND #14 — LIBRARY PROJECT - LIB BLDG PRO'
$24,427.00 — REVISED TOTAL CONTRACT AMOUNT - $5,081,460.00
Motion by Trustee Korin, seconded by Trustee Caleel, to remove Change
Orders #9 — 12 And #14 — Library Project - $24,427.00 - Revised Total
Contract Amount - $5,081,460.00 from the table. VOICE VOTE: Motion
carried.
Trustee Korin communicated that this topic had been tabled from the last
meeting because she had a number of questions that she felt needed to be
answered. She reported that her questions had been answered
satisfactorily.
The change orders are for the construction of the new Library building at
600 Oak Brook Road. They were prepared and signed by Harbour
Contractors, Inc. These change orders increase the contract with Harbour
Contractors, Inc. from $5,020,744.00 to $5,081,460.00 an increase of
$60,716.00 ($24,427.00 in change Orders 9, 10, 11, 12 and 14 and
$36,289.00 in Change Order #13 which was previously approved).
Motion by Trustee Caleel, seconded by Trustee Korin, to approve Change
Orders 49 — 12 and #14 which increases the contract with Harbour
Contractors, Inc. by a total amount not to exceed $24,427.00, based on the
finding of fact that the change orders are in the best interest of the Village
of Oak Brook and are authorized by law. ROLL CALL VOTE:
Ayes: 5 — Trustees Butler, Caleel, Craig, Korin and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Miologos. Motion carried.
D. ASSIGNMENT OF CONTRACTS & ADJUSTMENT OF LIBRARY BLDG PRJ
GUARANTEED MAXIMUM PRICE FOR THE OAK BROOK PUBLIC
LIBRARY BUILDING PROJECT
1) Assignment of Contracts
On August 14, 2001, the Board awarded contracts for ceramic tile and
furniture as follows:
Ceramic Tile
Library Furniture
Library Equipment
VILLAGE OF OAK BROOK Minutes
Midwest Floor Covering, Inc. $ 23,500.00
Henricksen 100,733.40
Landgraf's Ltd. 175,712.57
Page 15 of 19 October 9, 2001
8. D. 1)
Library System Furniture Knoll 77,004.24
Motion by Trustee Korin, seconded by Trustee Craig, that the Village
President and Village Clerk be authorized and directed to execute
assignments to Harbour Contractors, Inc., (the Village's construction
manager), of (1) the contract with Midwest Flooring, Inc. in the amount
of $23,500.00 for ceramic tile; (2) the contract with Henricksen in the
amount of $100,733.40 for library furniture; and (3) the contract with
Landgraf's Ltd. in the amount of $175,712.57 for library equipment for
library system furniture at the new Oak Brook Public Library building,
which contracts were awarded on August 14, 2001. ROLL CALL
VOTE:
Ayes: 5 — Trustees Butler, Caleel, Craig, Korin and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Miologos. Motion carried.
2) Adjustment of Guaranteed Maximum Price
On November 2, 2000 the Village Board approved a Guaranteed
Maximum Price (GMP) for construction of the new Library of
$4,991,100.00. In so doing, it was noted that the GMP would be
adjusted as allowances for items to be re -bid or yet to be bid became
contract prices and were awarded by the Board and assigned to the
construction manager. On November 28, 2000 the Board approved an
adjustment of the GMP to $4,945,570 based on subsequent trade
contract awards, changes in contract assignments and changes in
allowances. Since that date, change orders 1 through 14 have further
adjusted the GMP to $5,081,460.00.
Motion by Trustee Korin, seconded by Trustee Caleel, that the Village
approve adjustment of the guaranteed maximum price (GMP) stated in
the contract for construction services for the new Oak Brook Public
Library building between the Village and Harbour Contractors, Inc. to
$5,003,405.97, as a result of assignment of the trade contract for
ceramic tile, assignment of the contracts for furniture and equipment,
and deduction of the lump sum price for system furniture, which is to
be purchased directly from the manufacturer, and deduction of the
remainder of the approved allowance for furniture and equipment.
ROLL CALL VOTE:
Ayes: 5 — Trustees Butler, Caleel, Craig, Korin and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Miologos. Motion carried.
VILLAGE OF OAK BROOK Minutes
Page 16 of 19 October 9, 2001
9. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT:
President Bushy announced that Governor Ryan has appointed the Village
Clerk Linda Gonnella, to the Municipal Clerks of Illinois Institute Training
Committee.
President Bushy reported that she had attended the Daily Herald concert of
the Air Force Band and that it had been an exciting event in particular
because of the events of the day and the Band's response with several
encores of patriotic music.
President Bushy also reported that during a recent severe rainstorm,
stormwater that in the past has flooded Oak Brook back yards and run into
the Elmhurst Quarry flowed into the Wood Dale /Itasca Reservoir which
was under construction and blew out a large section of the reservoir. Major
reconstruction is ahead.
B. VILLAGE MANAGER:
Manager Veitch responded to several questions that arose at the last Board
meeting during discussion of changes in the Zoning Code. He reported
that research clarified that the term "design" heating day is the correct
terminology. In addition, he reported that the approved sealant used for
copper water supply piping is non - leaded solder. Manager Veitch
addressed the concern for ventilation requirements for kitchens and
bathrooms indicating that the Village of Oak Brook Code was more
stringent in this regard than the International Building Code and that these
methods have been used in Oak Brook and other communities for over 20
years.
Manager Veitch also reminded the Board that the regularly scheduled
Committee -of -the -Whole Meeting is for October 22nd and asked members
of the Board to suggest items that they wished to be included on the
Agenda.
10. DEPARTMENTAL REPORTS —LIAISON ASSIGNMENTS:
Community Development
Finance & Purchasing
Library & Technology
Public Safety
Engineering, Public Works & Safety Pathway System
VILLAGE OF OAK BROOK Minutes Page 17 of 19
L�
Trustee Savino
Trustee Craig
Trustee Korin
Trustee Miologos
October 9, 2001
INFO & UPDAI FS
VLLG PRES
VLI.G MGR
DIT I . RP S
11
12
Sports Core, Community Events & Hotel, Convention Trustee Butler
& Visitors Committee
Village Clerk Clerk Gonnella
Departmental Reports were accepted as presented.
UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): uNFIN & NI_w
BUSINI-SS
A. DISCUSSION OF STATE REGULATION OF VIDEO GAMING ST RFG of GMNG
MACHINES IN LOCAL LIQUOR ESTABLISHMENTS MACH
The State of Illinois is investigating legalized gambling in local liquor
establishments in order to gain control of video gambling through licensing
and gain revenue from taxing structures. The Senate Executive
Subcommittee has asked for input and comments from local municipalities.
President Bushy suggested the Village wishes to be exempted from this and
to inform Senator Dudycz, Chairman of the Senate Executive Committee on
Gambling. The Board strongly concurred with her suggestion.
Motion by Trustee Caleel, seconded by Trustee Butler, that this community
does not wish gambling and wants to be exempt as a non -home rule
community from any such the legislation. VOICE VOTE: Motion carried.
B. DISCUSSION — NAME OF NEW VILLAGE BUILDING
President Bushy recommended to the Village Board that the new Village
building be named the Butler Government Center, in honor of Paul Butler,
as the founder of Oak Brook and the Butler family, recognizing their vision,
their devotion to the community and their generosity to the people of Oak
Brook.
Trustee Savino concurred with this recommendation as a deserved tribute to
the founder of the Village of Oak Brook.
Motion by Trustee Savino, seconded by Trustee Korin, to direct the Village
Attorney to draft a resolution to name the Village Hall the Butler
Government Center. VOICE VOTE: Motion carried.
OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS:
Trustee Savino commented on the statewide firefighters October 13, 2001 fund
raising event for families of New York firefighters lost in the September 11
disaster.
VILLAGE OF OAK BROOK Minutes
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Page 18 of 19 October 9, 2001
NM OF VIL BLDG
OTHER Bus.
12. He reported that since our code does not allow solicitation on street corners Oak
Brook firefighters might assist in other communities. He asked everyone to be
generous for this fundraising event.
Trustee Butler announced that his wife, Michelle, has been promoted to the
Director of the Tiffany's store in Century City in Beverly Hills, California. He
added that due to the fact that they will be moving there he was tendering his
resignation as a Village Trustee. He commented that it had been a great honor
to serve over the last six years in various capacities in the Village, and he
wanted to thank staff for their patience and professionalism and the residents
for their support and confidence.
President Bushy commended him for his years of service and congratulated
Mrs. Butler on her promotion.
13. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at
10:33 p.m. VOICE VOTE: Motion carried.
ATTEST:
;2eA t a- M
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 19 of 19
October 9, 2001
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