Minutes - 10/14/1997 - Board of Trustees_ - T
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VILLAGE OF OAK BROOK Minutes QCj�; &-14Q 1997
UNOFFICIAL UNTIL APPROVED AS WRITTEN
OR AS AMENDED _ BY VILLAGE BOARD ON
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 Alle�criance was given.
'. ROLL 5 I :
The Clerk called the roll with the following persons
PRESENT: President Bushy, Trustees Bartecki, Caleel, Kenny, McInerney,
Savino and Shumate.
ABSENT: None.
IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty,
Assistant to the Village Manager; Dale L. Durfey, Jr., Village Engineer; Torn
Hawk, Director of Community Development, Debra J. Jarvis, Fire
Chief/Building Commissioner; Bruce F. Kapff, Director of Information
Services & Purchasing; Richard D. Klatzco, Chief of Police; Darrell J.
Langlois, Finance Officer /Treasurer; Richard A. Martens, Village Attorney;
Ruth A. Martin, Library Director; Michael J. Meranda, Superintendent of
Public Works. Bonnie Sartore, Bath and Tennis Club Manager. Trey VanDyke,
Golf Club Manager; Stelios Aktipis, Plan Commission Chairman; Roberta
Petz, Library Commission President; and Barbara Benezra and Anthony
Ingrisano, Library Commission members.
3. ANNOUNCEMENTS & OPEN FORUM:
President Bushy- acknowledged, in attendance of the meeting, Dr. Howard
Trier, Park District Commissioner and member of the Oak Brook Library
Association as well as Roberta Petz, President, and Barbara Benezra and
Anthony Ingrisano, members, of the Library Commission.
Roberta Petz, President of the Oak Brook Library Commission, read the
following prepared statement to the Village Board:
"The library Commission is stunned by the ruling of the DuPage County
Circuit Court on the lawsuit against the Village regarding the Library. We
appreciate the encouragement that the Village Board has given, as well as their
support in time and financial resources.
VILLAGE OF OAK BROOK Minutes
Z4-11---
1 of 18 October 14, 1997
MEETING CALL
ROLL CALL
ANNOUNCEMENTS
AND
OPEN FORUM
I�
A new library building, is still imperative in order to provide excellent
collections and needed services for our residents. Toward that end, we, the
Library Commission, are firmly in support of the Sports Core site as being
appropriate in place and responsible in fiscal terms for the siting of the new
Library building. We recommend that the Village Board proceed with an
appeal of the recent ruling as soon as possible"
Joseph Fallan, 122 Timberview, commented on his interest in the Village
Board proceeding with the building of the Library, as the Village Board had
the authority of the voters of the non- binding referendum. Trustee Savino
asked Village Attorney Martens if a binding referendum obligates - :ie Village
Board to comply. Attorney Martens explained that a true binding referendum
would require the Village Board to be bound by the will of the electorate. This
type of referendum is regulated by the Illinois Constitution and State statutes
and generally takes place when the form of government is at issue.
Trustee McInerney asked if the Village has regulations regarding proper
maintenance of land surrounding the pathways in Oak Brook. He voiced his
concern of the pathway around Midwest Club and the Club's bushes
protruding onto the parkway. He also noted that stray dogs are in the area and
if a Village ordinance requires they be leashed. I
President Bushy stated the Safety Pathway Committee and the Police
Department will address his concerns.
Trustee Shumate suggested the Village notify the homeowners association, in
writing, that the fence may not interfere with the pathway on the public right -
of -way.
Dr. Trier commended the Village staff in correcting the sight area at the Route
83 underpass of our pathway system. His wife suffered a collision at the site,
and Public Works has since installed a mirror for safety precautions.
4. APPROVAL, OF LUTES: MINUTES
Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the
minutes of the Regular Meeting of September 23, 1997 as presented and waive
the full reading thereof. VOICE VOTE: Motion carried.
Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the
Omnibus Agenda. ROLL CALL VOTE:
Ayes. 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino and
Shumate.
VILLAGE OF OAK BROOK Minutes 2 of 18 October 14, 1997
Z4
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. AMOVAL OF .LS: Approved Omnibus Vote.
B. APPROVAL OF PAYROLL: Approved Omnibus Vote.
C. CHANGE ORDERS: None.
D. AXOU'TS:
M090) Ulf
ROAD BIKE TRAIL - MASE 11 - $2.322,03: Approved
Omnibus Vote.
APPROVAL OF:
BILLS -
$553,642.27
PAYROLL -
$321,474.83
YORK_ ROAD BIKE
TRAIL -PHASE II
2) CIVILTECH ENGINEERINQ. INC = PAYOUT 45 &. FINAL - YORK ROAD BIKE
RK_RQAQ BIKE TRAIL L- PHASE II - $1,197.95: Approved TRAIL -PHASE II
Omnibus Vote.
3) JAMES J. BEN ES& ASSMAIES. INC. - PAYOUT #4 - 22ND 22NV ST. /YORK RD.
STREETIYQRK ROAD CONSTRUCIION SERVICES -- CONSTRUCTION
$8.024.38: Approved Omnibus Vote.
4) _JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #_12 - 1997 1997 PAVING
PAVING PROJECT CONSTRUCTIQN - $1 6.705.47: Approved PROJECT
Omnibus Vote.
5) DNB CONSTRUCTION COMPANY - PAYOUT #1 - 1997
DRAINAGE PROJECT - $62,869.95: Approved Omnibus Vote.
E. REFERRALS: • -
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS:
1) VILLAGE HALL CARPETI, • ..
:• • • D ROOM REPLACEMEN Approved
Omnibus Vote.
2) MIC.R.OFILMING SERVICES: Approved Omnibus Vote.
• .. � \ U �_._ 109 _ � r U UM
7. ,ACTIVE AGENDA (Items For Final Action):
A. APPOINTMENTS: No Business.
VILLAGE OF OAK BROOK Minutes 3 of 18
Z6
October 14, 1997
1997 DRAINAGE
PROJECT
VILLAGE HALL
CARPET & BOARD
ROOM SEAT REPLACE-
MENT.'
MICROFILMING
SERVICES
-
1) QRDINANCE 97-SC-S-887 AN ORDINANCE AUILIORIZING ORD.97-SC-S-887
ME ISSUANCE OF A $142,424.69 REFUNDINQ NQTE QE REFUNDYNG NOTE
CQUNTIES. IL:
The ordinance authorizes the issuance of a Sports Core Refunding
Note in the amount of $149,424.69 with Oak Brook Bank. The
original borrowing of $300,000 commenced in 1992 and provided for
the purchase of the Tennis Dome. The financing has been
accomplished by means of a series of one -year notes due on October
28 each year, with the remaining principal balance being refinanced
for an additional one -year term. The interest rate on the note is
4.81 % and the monthly payment on this obligation is $2,805.78, the
same terms as those in effect when the note was originally issued.
The payments have been budgeted for in the Tennis Operations -
Indoor Program (8104), which is then reimbursed by the General
Corporate Fund through a monthly transfer. While the Village has an
option to pay off this obligation, Finance Officer Langlois does not
recommend doing so at this time since the Village has been earning
interest at a higher rate (approximately 5.7% through August) than
the 4.81 % note rate.
Motion by Trustee Bartecki, seconded by Trustee McInerney, to pass
Ordinance 97 -SC -S -887, "An Ordinance Authorizing The Issuance
Of A $149,424.69 Refunding Note Of The Village Of Oak, Brook, Du
Page And Cook Counties, IL ", as presented and waive the full
reading thereof. ROLL CALI. VOTE:
Ayes: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino
and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
1) AMBULANCE ANCE 901 REPLACEMEN AMBULANCE 901
REPLACEMENT
Laid packages were picked up by eight (8) companies. Five (5) sealed
bids were received on September 3, 1997. The two (2) bids which
were numerically lower were nonresponsive to tht Village's
specifications. Staff recommends acceptance of the prepayment
option proposed by Foster Coach, as some funds will be saved as a
result. Staff does not recommend acceptance of the trade -in amount
VILLAGE OF OAK. BROOK Minutes 4 of 18 October 14, 1997
for the existing aarabulance, as they are reviewing the option of
retaining the old ambulance in reserve status. Funds in die amount of
$98,365 have been budgeted in the Equipment Replacement Fund
Program (9101) to cover this purchase. Delivery is anticipated in
approximately 120 -140 days following placement of order.
Motion by Trustee Kenny, seconded by Trustee Savino, to award a
contract, subject to staff review, to Foster Coach Sales, Inc., Sterling,
IL, the lowest responsive and responsible bidder, for a Type III super
duty ambulance at a, lump sum price of $97,379.00 ($98,1 79.00 bid
minus $800.00 deduct for chassis prepayment). ROLL CALL VOTE:
Aves: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino
and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) A1.TDIT SERVICES:
Based on Village Board authorization, a Request for Proposals (RFP)
was issued for the provision of annual auditing services. Eight (8)
accounting firms received the RFP packet and five (5) firms
submitted proposals by the due date of August 13, 1997. The
recommendation is based on staff "s review of the proposals
submitted, which include a ranking of the firms on criteria specified
in the RFP. These criteria address the experience of the firm and of
assigned staff, proposed fees, references and ability to meet the
Village's audit schedule.
The proposed fees are the maximum the Village will pay for these
services. Two options (at a lower fee) were also submitted for a
reduced level of auditor services, which require the Village to
perform-► more of the auditing and report preparation activities. For
each annual audit, the Village's Finance Officer will have the option
to direct the firm to perform the entire audit or, based on time
available, use his staff to assist in the audit, resulting in a reduced fee
from the auditors. For the 1996 annual audit, the Village's fee was
$18,900. For comparable services, the 1997 McGladrey fee would be
$15.850. The draft 1998 Budget will contain the amount of $19,450
to cover the 1997 Audit.
Motion by Trustee McInerney, seconded by Trustee Bartecki, to
award a contract, subject to staff review, to McGladrey & Pullen,
L,LP. Certified Public Accountants, Mokena,11, for audit services,
based on their submitted proposal, for the 1997, 1998 and 1999 fiscal
years (Village sole option to negotiate an additional year extension)
VILLAGE OF OAK BROOK Minutes 5 of 18 October 14, 1997
AUDIT SERVICES
•
•
for tale following not -to- exceed total fees: 1997, $19,450; 1998,
$20,225. and 1999, $21,050. ROLL, CALL VOTE:
Ayes: 6 - 'Trustees Bartecki, Caleel, Kenny, McInerney, Savino
and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
101WIF011 • '1/,.. *.. .......
Bid packages were picked up by three (3) companies. Two (2) staled
bids were received on October 8, 1997. The Village's specifications
called for a Foley brand grinder, or equal. Staff has determined that
the Neary #7000 specification is equal to, or better than, the Foley
grinder. Funds in the amount of $22,000 have been budgeted in the
Golf Course Maintenance Program. (8304) for this purchase. Delivery
is anticipated in 40 days following placement of order.
Motion by Trustee Bartecki, seconded by Trustee Kenny, to award a
contract, subject to staff review, to Illinois Lawn Equipment, Inc.,
Orland Park, IL, the lowest responsible bidder, for the purchase of a
Neary #7000 reel grinder for a net price of $18,745 (includes trade -in)
and declare the existing 1989 Foley reel grinder surplus and accept
the trade -in value. ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino
and Shumate.
Nays: 0 - None.
Absent: 0 - None. lklotion carried.
mmmwa
W1• 05-313-13 IN
Approval authorized at the Regular meeting of June 10, 1997 for
Village participation in the State of Illinois' joint purchase of deicer
salt. The low bidder is Cargill Salt, Inc. at a cost of $26.54 per ton
delivered (last year's price was $26.76). Under the joint purchase, the
Village is obligated to purchase at mast 70% (1,050 tons), and the
vendor is obligated to sell the Village up to 130% (1,950 tons) at the
bid unit price. The unit price fbr purchases exceeding 1_10% may
exceed the bid price if approved by the State.
Motion by Trustee Savino, seconded by 'Trustee Bartecki. to purchase
roadway salt for the 1997 -1998 winter season from the low bidder
based on bids received by the State of Illinois. Cargill Salt, Inc. North
Olmsted, Ohio, at the unit price of $26,54 per ton for an estimated
VILLAGE OF OAK BROOD. Minutes
1 09
6 of 18 October 14, 1997
°x"
REEL GRINDER
1997/1998
DEICER SALT
extension of $39,810 based on an estimated quantity of 1,500 tons.
ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino
and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
8. DERARTMENIAL REPORTS - SPECIALTY AREAS: DEPARTMENTAL
REPORTS
Lligin erin : Trustee Bartecki - The ?2 "d Street /Fork Road Project has started
with tree removal. Various utilities are still relocating their facilities.
1997 Drainage Project work is continuing with final grading and sod
restoration.
Finance and Hotel Committee: Trustee McInerney - During September, the
Finance Department spent most of the time on preparation of the 1998 Budget.
Staff has completed the Village Board objective regarding the RFP for
securing audit services for the years ended December 31, 1997, 1998 and 1999.
Eim: Trustee Kenny - The Fire Department responded tG 93 engine calls and
93 ambulance calls during the Month of September. Mutual aid was given to
other communities for seven fire calls and one ambulance during September.
Mutual aid was received from other communities for three ambulance and four
fire Oak Brook emergency responses.
The Fire Department responded to a stove fire at the Pizza Kitchen in
Oakbrook Center. The fire was extinguished and confined to a small area with
minimal property damage.
As a rLminder for October, Fire Prevention Week is October 5 -11, and the Fire
Department will be involved in several public safety education presentations
during the entire month.
Freddie, the Village's walking - talking robot fire truck, delighted young and old
with his unique fire safety message and amusing antics at the Ethnic Fest last
month.
Library: Trustee Caleel - CD -ROM and videos may be borrowed from the
Library as well as a wide selection of popular reading in Large Print.
"Revealing Renoir Portraits ", a lecture by Lee Gibbs, is being sponsored by the
Library on October 16, 1997 at 7 :30 p.m. in the Dean Board Room.
The Fall Evergreen Concert, sponsored by the Friends of the Oak Brook
Library on Sunday, October 19, 1997 at 4:00 p.m. at t►ie Bath and Tennis
Clubhouse will feature Kristin Figard, a Steinway artist.
Police: Trustee Shumate - On September 28, 1997, the Police Department's
D.A.R.E. car took first place at the Chicago Ridge Public Safety Expo.
VILLAGE OF OAK BROOK Minutes 7 of 18 October 14, 1997
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Probationary Officers Hall and Peterson are in their fourth week cif training at
the Suburban Law Enforcement Academy.
Red Ribbon Week is being held on October 20 -24. 1997 for children to commit
to a drug free life. This is a combined effort by Oak Brook, Burr Ridge,
Clarendon Hills, Hinsdale and Willowbrook Police Departments. Butler Jr.
High and Brook Forest children will participate in a kick off ceremony for the
week on Sunday. October 19, 1997 at 3:00 pal'.
Publig...._,Works : Trustee Savino - Work continues on small drainage projects
throughout the Village.
Head Mechanic, Gary Martin, and Public Works Employee, Lou Reece, were
commended for their structural modifications to equipment for the upcoming
leaf collection program.
Fire hydrant painting is continuing in the far southwest quadrant of the Village.
Next year staff has scheduled hydrant painting earlier in the year which should
provide the Village with sufficient time to complete the target painting of 300
hydrants per year.
Staff is working with BFI to develop an informational brochure that will
describe the refuse, recycling and yard waste program to be effective January
1, 1998.
There will be two regional Household Hazardous Waste Collection events in
October. One is scheduled for Saturday and Sunday, October 18 and 19 in
Bartlett. The second will be held in Wheaton on Saturday, October 25.
Residents may call (630) 510 -2810 for more specific locations or call the
Village at (630) 990 -3000 and Assistant to Village Mzuiager Crotty has further
information.
Village Clerk: Clerk Gonnella - In- person absentee voting for the November
4`h Nonpartisan Election is available in the Village Clerk's office Monday
through Friday from 8:30 a.m. to 5:00 p..,,. through Friday, October 31".
The liquor license renewal process will be completed by this Friday for all
licensed establishments.
Village President: President Bushy - Information Services Department: The
Pentamation and Smyth Systems software are being implemented. Proposals
from website design firms are being reviewed, and the Tech Team is beginning
to develop the website content.
Bath and Tennis: On October 16`x', the first Women's Night Dinner Party is
being held. The Halloween Party and spook walk for children will be held on
Friday. October 24'x'.
Golf: Statistics for the Month of September showed an increase of 4,685
rounds of golf: increased income of $108,270 for greens fees; $50,116 for cart
fees; $33,192 for driving range fees; $27,476 for lounge sales; and $3,767 for
pro shop sales. President Bushy commended Golf Cluii Manager VanDyke
mid his staff for an excellent season.
VILLAGE OF OAK BROOK Minutes 8 of 18 October 14, 1997
a
President Bushy acknowledged the tremendous impact the Comprehensive
Plan has had in the Village, as she and the Village Manager have met with
numerous developers interested in Oak Brook's proposed plan.
President Bushy explained, as a District 2 member of the DuPage County
Stormwater Committee, the concern of DuPage County transferring
$12,000,000 from the Solid Waste Fund to the Stornwater Committee budget.
The municipalities and members of the Committee viewed this as improper
and rejected the proposal as approved by County Board Chairman Franzen.
The municipalities and Committee members hope that the DuPage County
Board members will concur with the Stormwater Committee recommendation
to reject the proposal.
The Committee hopes to complete the remapping process, as the Illinois
Department of Natural Resources will adopt the State of Illinois
recommendations submitted by DuPage County. In the next six to eight
months, a ruling should be held from: the Department of Natural Resources.
Interested residents may contact Village Engineer Durley at (630) 990 -3000
for ftu-ther information on flood insurance.
President Bushy served as guest speaker at a DuPage County Emergency
Management class and a State of Illinois Emergency Management seminar.
A.
It &1110 V
The objective of this plat is a lot line adjustment to the shared lot line
that will eliminate zoning side yard encroachments on the 3700
Adams Road property. These encroachments came about as a result
of the splitting of ownership of the two lots which had previously
been combined into a single zoning lot. As a single zoning lot, a
building addition and accessory structure were constructed and upon
the split in ownership these improvements became nonconforming
with respect to the side yard requirement for the 3700 Adams Road
property. This resubdivision is the simplest and most economical
solution to the problem.
The Plan Commission, at its Regular meeting of September 15, 1997,
reviewed and recommendCd approval of the proposed plat subject to
the following conditions:
1) Final engineering approval; and
2) Waiver of the requirements for curb and gutter streets, sidewalks,
street lights and parkway trees.
VILLAGE OF OAK BROOK Minutes
2
9 of 18 October 14, 1997
ADAMS /BREAKEN-
RIDGE - FINAL
PLAT OF RESUB-
DIVISION
(3700 Adams/
25 Breakenridge
Farm)
J
Motion by Trustee McInerney, seconded by Trustee Kenny, to direct
the Village Attorney to draft the necessary resolution, including the
following conditions,, for action at the Regular meeting of October 28,
1997:
1) Final engineering approval; and
2) Waiver of the requirements for curb and gutter streets. sidewalks,
street lights and parkway trees.
VOICE VOTE: Motion carried.
B. MC' Q 1DRIC.K'S &ESUBDIY I ION - (311$ WHIIE QAK Mc00LDRICK'S -
LANE) -FINAL PLAT OF RESUBDI'VISIQN: FINAL PLAT OF
RESUBDIVISION
The property is over two acres in size and both lots meet the one -acre (3118 White oak
minimum requirement as required by the Zoning Ordinance. The Lane)
area of the access easement for the north lot has not been included in
the calculations of the zoning lot area of the south lot.
An alternate design would have provided access to the north lot
directly off Oak Brook Road, but this would have required a Flood
Plain Special Use and would be less desirable from a traffic point of
view.
The property is not large enough to warrant site runoff storage and
water and sewer are available in the area. White Oak Lane is a rural
cross - section type of local street and waiver of the requirements for
curb and gutter streets, sidewalks. street lights, and parkway trees is
appropriate.
The Plan Commission, at its Regular meeting of September 15, 1997,
recommended approval of this two -lot subdivision subject to the
following conditions:
1) Final engineering approval;
2) Waiver of the requirements for curb and gutter streets, sidewalks,
street lights and parkway trees; and
3) Placement of a "No Vehicular Access Strip" easement along Oak
Brook Road.
Motion by Trustee Bartecki, seconded by Trustee McInerney, to direct
the Village Attorney to draft the necessary resolution, including the
following conditions, for action at the Regular meeting of October 28,
1997:
1) Final engineering approval;
2) Waiver of the requirements for curb and gutter streets, sidewalks,
street lights and parkway trees; and
VILLAGE OF OAK BROOK Minutes 10 of 18 October 14, 1997
"K
117-77 7,47,77,77 7 7
1l. 1
V'
3) Placement of a "No Vehicular Access Strip" easement along Oak
Brook Road.
VOICE VOTE: Motion carried.
President Bushy remarked that the Village Board determined, several
years ago, that a study should be made of the development of Oak
Brook for the future. Both the Zoning Board of Appeals and Plan
Commission met with the Oak Brook Area Association of Commerce
and Indu_ ry and large property owners to discuss recommendations.
An agreement was reached to hire Lohan Associates to develop a
Comprehensive Plan. Their plan outlined what could or should be
developed in Oak Brook. The Plan Commission has reviewed this
plan in its entirety which has resulted in their proposed
recommendations to the Village Board. Plan Commission Chairman
Aktipis addressed the Village Board. He expressed his appreciation of
the Village Board to allow the Plan Commission to collaborate with
Village Manager Veitch and Director of Code Enforcement Hawk.
At its September 15, 1997 meeting, the Plan Commission completed
its workshop review of the Comprehensive Plan and Zoning Ordinance
Update based on the "Lohan Study."
Following is an outline of a process that the Village Board may wish
to consider in continuing the evaluation of this subject:
1. Receipt of the Plan Commission Report (October 14, 1997)
2. Discussion by the Board of Trustees at a designated future
meeting -- possibly a Committee of the Whole meeting. The
Village Board may wish to include the Plan Commission in this
meeting.
3. Determination by the Board of Trustees regarding the direction
to pursue.
4. If the decision is to proceed, send back to staff for preparation of
Comprehensive Plan and Zoning Ordinance text amendments for
the Public Hearing process. Parallel to the above, staff in
conjunction with appropriate consultants will prepare
preliminary engineering, economic, and legal analyses for the
establishment of a Special Service Area(s) or other suitable
funding mechanisms for major infrastructure improvements.
VILLAGE OF OAK BROOK Minutes 11 of 18 October 14, 1997
COMPREHENSIVE
PLAN AND ZONING
ORDINANCE UPDATE
Mokm
5. Upon completion, Board will review the Comprehensive Plan
and Zoning Ordinance text amendment petition documents and
the funding mechanism analysis. If satisfied, the Board will
direct the following:
a. For the Comprehensive Plan and Zoning Ordinance text
amendments, referral to Plan Commission and Zoning
Board of Appeals for the Public Hearing process.
b. For the infrastructure funding, selection of the funding
mechanism to be used and direction to the staff to
proceed as necessary.
6. Upon completion of the Public Hearing process and further
development of the funding technique, the results will be brought
back to the Board for final decision and implementation as
necessary.
It was a consensus of the Village Board to plan a joint meeting with
the Plan Commission to discuss the Village of Oak Brook's
Comprehensive Plan.
It is noted, for the record, that the Comprehensive Plan and Zoning
Ordinance Update Recommendation Report has been received by the
Board. The joint meeting will be public noticed for all interested
residents to attend.
D. AN ORDINANCE AM NDINQ CHAPTER 13 OF THE CQD MUNICIPAL
OF ORDINANCES QE THE VILLAGE OF OAK BROOK BY TELECOMMUNICATION;
THE ADDITION OF ARTICLE IV IMPOSING A MUNICIPAL INFRASTRUCTURE
TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE
MAINTENANCE FEE:
Municipalities throughout Illinois are currently considering
implementation of Public Act 90 -154, the "Municipal
Telecommunications Infrastructure Maintenance Fee Act" (IMFA),
recently signed into law by governor Edgar. The Act is Illinois'
response to the Federal Telecommunications Act of 1996 which,
among other provisions, requires removal of local barriers to market
entry (such as franchise requirements) so that telecommunications
providers will have open access to markets. On September 26, staff
provided the Board with a brief summary and analysis of the IMFA
and a draft ordinance that would implement it in Oak Brook. The
draft ordinance is based on a model ordinance developed by the
Illinois Municipal League.
VILLAGE OF OAK BROOK Minutes 12 of 18 October 14, 1997
`�
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u
The ordinance would replace the franchise fee compo.,nsation
currently received from telecommunications providers, which is
based primarily on the number of telephone access lines, with an
Infrastructure Maintenance Fee (IMF) of 1% of gross revenues.
(Note that the Act does not apply to cable television, but that the
franchise compensation received by the Village from MediaOne is
also I% of gross revenues). As of January 1. 1998, the IMF is the
Qn.Ly compensation that municipalities may require from new
telecommunications providers.
The Village has twe? options regarding existing franchises:
1. The Village may continue to collect the exis, ing franchise fees,
provided that (a) when current franchise agreements expire, the
renegotiated franchise fees may not exceed the IMF; and (b) the
Village may not charge a new telecommunications provider my
fee for use of municipal right -of -way.
2. The Village may adopt the 1% IMF by ordinance and begin
collecting same, in lieu of existing franchise fees, following a
90 -day notice to existing franchisees. The other provisions of
the franchise agreements would remain in effect. New
providers would not need to obtain a franchise to use municipal
right -of -way, but would be required to remit the 1% IMF tc the
Village.
Staff recommends that the Village implement the IMF legislation by
pursuing the second option outlined above. To do otherwise would
deprive the Village of just compensation for use of its right -of -way by
subsequent providers, even though the Village will be required by
statute to allow those providers into the Village and to accommodate
them through issuance of permits, etc.
Fees received by the Village from telecommunications franchisees
currently total approximately $202,000 per year. If the Village were
to adopt the IMF in lieu of the current system, it could expect
revenues from the primary local telephone carrier, Ameritech, to
decline by about $40,000 as compared to the current franchise fee of
$38 per access line per month. However, total revenues from all
providers who would be subject to the IMF would more than offset
the decrease. Staff estimates that the IMF would yield between
$270,000 and $280,000 per year initially. The Act permits providers
to show the IMF on customer bills, like state and local taxes, and staff
expects that they will do so. (Such has been the case with cable
television franchise fees for several years.)
VILLAGE OF OAK BROOK Minutes 13 of 18 October 14, 1997
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0 0
Another regulatory ordinance that the Village will need to put in
place, particularly with respect to new providers who will not be
required to obtain franchises, is an ordinance which establishes
construction and location standard-- for telecommunications
providers' use of public right -of -way. This ordinance would, in
effect, take the material that addresses those issues in the Village's
franchise agreements and put it into a codified ordinance so that it
applies to all providers. The Illinois Municipal League's drafting
committee is working,on a model ordinance to meet this need and
staff anticipates presenting an ordinance to the Village Board by the
end of the year.
Motion by Trustee McInerney, seconded by Trustee Bartecki, to direct
the Village Attorney to draft the appropriate ordinance for action at
the Regular meetiri'g of October 28, 1997. VOICE VOTE: Motion
carried.
President Bushy acknowledged Village Attorney Martens and Village
Manager Veitch for their efforts in implementation of the
Infrastructurre Maintenance Fee Act.
Although there is already a Water Service Agreement in place for this
property, a change from office to residential would result in a
significant increase in demand. Therefore, it is appropriate that this
request be considered in the context of the Village's policy,
established in 1994, with respect to provision of water service to
areas outside the Village (Ordinance 94 -WA -S -781).
Section 2 of the ordinance provides that "the Board may consider
applications to furnish water to individual applicants located on
single lots of record ... outside the Village and not within the
Accredited Area and abutting an existing System main, ... provided
that the Board Ends, on the basis of a report from the Village
Manager, that approval ... will not have a substantial impact on the
ability of the System to serve present and future needs of'its
customers ” and that the applicant be bound by certain restrictions,
including a prohibition on outdoor use of water.
This property meets certain criteria under the policy in that it is a
single lot of record and abuts an existing system main. It is not
located within the Accredited Area, but is covered by an existing
VILLAGE OF OAK BROOK Minutes 14 of 18 October 14, 1997
AMENDMENT -
TRANS AM
PHASE III
WATER SERVICE
AGREEMENT
Water Service Agreement, which would appear to moot that
particular requirement in this case.
"Trustee Bartecki stated that after reviewing the matter with the
Village Engineer and Superintendent of Public Works, staff does not
believe that provision of water to the proposed residential use will
have a substantial impact on the ability of the water system to serve
the present or future needs of existing customers. The estimated daily
demand for domestic purposes of 21,600 GPD, as compared to the
office demand of 8,700 GPU, will not have material impact on the
water utility and staff therefore has no objection to amending the
agreement as to use. However, the existing agreement lacks the
provision required by the policy that prohibits outdoor use of water.
Staff believes that, whatever the land use, the most serious potential
impact on the Village's system is related to the use of water for
landscape irrigation and other outdoor purposes.
Therefore, it is staff's recommendation that the agreement be
amended as requested pertaining to use, but that it also be amended to
insert the now standard provision prohibiting outdoor use of water.
Further, in light of the imminent plans of the City of Oakbrook
Terrace to construct its first public water system, staff recommends
that the amended agreement require the property owner to connect to
the Oakbrook Terrace system within six months of the time that water
from that system becomes available to the property.
Motion by Trustee Bartecki, seconded by Trustee McInerney, to
approve, in concept, amending the Water Service Agreement
concerning property located west of One TransAm Plaza, Oakbrook
Terrace (a.k.a. TransAm Phase III), dated September 23, 1986, to
accommodate multi - family residential use, to prohibit outdoor use of
water, and to require that the property connect to the City of
Oakbrook Terrace water system within six (6) months of water
service becorrang available to the property; and authorize the Village
Attorney and staff to prepare an amended or successor Water Service
Agreement for final consideration by the Board. VOICE VOTE:
Motion carried with Trustee Shumate voting nay.
Robert Leone, representing Inland Steel Mortgage Acceptance
Corporation, stated to the Board that they will have a landscape
company sprinkle the affected area or will install a well until
Oakbrook Terrace develops their own water system.
Village Manager Veitch explained that the water system is already in
place, and they will just tap into the service. The amendment to the
VILLAGE OF OAK BROOK Minutes 15 of 18 October 14, 1997
16-
Water Service: Agreement merely modernizes the Agreement by
prohibiting landscapes sprinkling and allows them to tap onto the
present system. This will not affect the water distribution in Oak
Brook.
The ordinance would extend the Village's utility tax through 1998 at
rates based on the 1998 -2002 Five --Year Financial Plan adopted by
the Board of September 23, 1997.
All receipts from the utility tax are deposited in the Infrastructure
Fund, which supports improvements to and major maintenance of the
Village's roads, drainage systems and safety pathways. Pursuant to
° the Board's policy ordinance on financial management, the tax is
subject to an annual sunset provision that requires Board action to
renew the tax each year and provides the opportunity to review the
applicable rates in light of revenue needs. Due to reduced revenue
needs in the Infrastructure Fund as reflected in the Five -Year
Financial Plan, the ordinance would set rates for 1998 at 3 percent on
electric, natural gas and local telephone service. The rates in effect
for 1997 are 4 percent on electric and natural gas service, and 3
percent on local telephone service.
Trustee Bartecki requested the utility tax be maintained at its present
level, as 85% of the residents are from the commercial area of Oak
Brook. The Comprehensive Plan will require capital improvements,
and this revenue could be set aside for funding any future
improvements from the Five -Year Financial Plan. Trustee Bartecki
requested the utility rates remain at 4% for electric and natural gas
service and 3% for local telephone service. Trustee Kenny concurred
with Trustee Bartecki's recommendation, as it could be difficult to
lower the tax this year and raise it again in the future. He cited that
substantial roadway improvements may be necessary in the
Comprehensive Plan, and this funding would be available for any
improvements.
Trustee McInerney noted the Five -Year Financial Plan outlines major
expenditures, and prudent government outlines the course of action to
be taken. Trustee Caleel stated the Five -Year Financial Plan
specifically states the Village will reduce the utility tax.
VILLAGE OF OAK BROOK Minutes 16 of 18 October 14, 1997
President Bushy explained that lowering the utility tax for a year will
give the Village Board time to determine, with the Comprehensive
Plan, what finding will be needed for any future capital
improvements.
Trustee Kenny noted the tax revenue funds improvements of the
pathway, street, bridge and drainage projects. He asked if this
revenue could be utilized for the renovation of the Village Hall or
irrigation of the golf course. Village Manager Veiteh explained that
it is a Village Board policy to determine what projects may be funded
by the utility taxes as capital infrastructure improvements.
Motion by Trustee McInerney. seconded by Trustee Caleel, to concur
with the continuation of the utility tax at the rates reflected in the
Five -Year Financial Plan and to pass Ordinance 97- TX -UT -G -599,
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,', as presented and waive the full
reading thereof. ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino
and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
r
Trustee Savino expressed his pleasure in seeing the Sports Core polo fields USE OF POLO
being utilized by the girls soccer league and the Boy Scouts of America FIELDS
Jamboree.
Trustee Caleel complimented Village Manager Veitch for his letter to COMMONVEALTH
Commonwealth Edison on the number of power outages in Oak Brook. This EDISON
past Friday, a power outage occurred in four surrounding communities and
Oak Brook. He asked that the Manager's letter be published. President Bushy
suggested it be published in the Village newsletter.
11. ADJOURN TQ CLQSED MEETING: ADJOURN TO
CLOSED MEETING
Motion by Trustee Caleel, seconded by Trustee Bartecki, to adjourn at 9:56
p.m. to a Closed Meeting to discuss litigation, land acquisition and the
appointment, employment or dismissal of an officer or an employee. ROLL
CALL VOTE:
Ayes: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino and
Shumate.
Nays: 0 - None.
VILLAGE OF OAK BROOK Minutes 17 of 18 October 14, 1997
,
ON 20
?
M,
Absent: 0 - None. Motion carried.
12. AINQUMMENT.
Motion by Trustee Bartecki, seconded by Trustee Caleel, to adjourn the
meeting at 11: 16,p.m. VOICE VOTE: Motion carried.
ATTEST:
Linda K."Gonnella, CMC
Village Clerk
bot 101497
R.
Ain
VILLAGE OF OAK BROOK Minutes 18 of 18 October 14, 1997
ADJOURNMENT