Minutes - 10/24/2000 - Board of TrusteesVILLAGE OF OAK BROOK Minutes October 24, 2000
UNOFFICIAL UNTIL APPROVED AS WRITTEN _
OR AS AMENDED X BY VILLAGE BOARD ON
November 14, 2000.
1. MEETING CALL:
The Regular Meeting of the Board of Trustees was called to order by President
Bushy in the Samuel E. Dean Board Room of the Village Commons at
7:40 p.m. Pledge of Allegiance was given.
2. ROLL CALL:
The Acting Clerk, Village Attorney Martens, called the roll with the following
persons
PRESENT: President Bushy, Trustees Butler, Caleel, Craig, Kenny,
McInerney and Savino.
ABSENT: None.
IN ATTENDANCE: Stephen B. Veitch, Village Manager; Dale L. Durfey, Jr.,
Village Engineer; Debra J. Jarvis, Fire Chief; Robert L. Kallien, Jr., Director of
Community Development; Darrell J. Langlois, Finance Director; Ruth A.
Martin, Library Director; Michael J. Meranda, Public Works Director; Allen
W. Pisarek, Police Chief, Bonnie Sartore, Bath & Tennis Club Manager; Trey
VanDyke, Golf Club Manager; Hank Haff, petitioner and Joe Hammer, Moms
Engineering.
3. ANNOUNCEMENTS AND OPEN FORUM:
Lois Miller, 3518 Madison, addressed the Village Board regarding signage at
the Oakbrook Shopping Center. She reported this to our Community
Development Department that these posters, which now include directories, in
the shopping center listed advertisement on them. She voiced her concern that
other shopping centers in Oak Brook may have these posters as she felt they
were inappropriate for Oak Brook. She inquired if the Village has an
ordinance addressing this issue. Village Manager Veitch commented that the
shopping center management contacted the Village before they entered into a
contract to display these in their shopping center. Staff reviewed this subject
and determined that the kiosks are not subject to zoning regulations by the
Village as they are interior to the shopping center, although they are subject to
building and electrical codes. Information and signage within the shopping
center does not fall within the regulatory bounds of the Village's zoning
ordinance that regulates signs. Other shopping centers, where such signage
would be visible from the street, would be regulated by the zoning ordinance.
President Bushy stated that the shopping center management could be notified
VILLAGE OF OAK BROOK Minutes Page 1 of 10
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that a public comment was made at a Village Board meeting that a resident
commented that the signage is distasteful to the ambiance of the Village.
Trustee Savino suggested that Mrs. Miller contact Mr. Fleming, the Manager
of the Oakbrook Shopping Center, to address this issue with him.
Trustee McInerney noted that the federal legislators failed to act on a major
issue of e- commerce. Amazon.com and others admitted to predatory pricing
practices. That e- commerce businesses are allowed to price products based not
on cost but on demographics is unconscionable. Ariba.com announced that
they are the first business -to- business company that has been profitable since
the start up of .com companies when in fact they had a net loss. He would like
to see the Federal Government address these issues of anti -trust and IPO
transactions and leave local control to local governments.
Trustee McInerney reminded residents of the annual sponsorship by the Oak
Brook Civic Association of sharing your Thanksgiving dinner with a Great
Lakes Naval recruit. Residents may contact George Mueller, who is
coordinating this event, if you wish to volunteer. Residents may pick up the
recruits at approximately 9:00 a.m. at the Village Hall. A continental breakfast
and newspapers for them to read are available until their host picks up the
recruits. President Bushy suggested that some residents, who may not be able
to host a recruit, could come and visit with the recruits as the buses are
unloading or when they gather in the evening for them to leave.
4. APPROVAL OF MINUTES: MINUTES:
BoT 10/10/00
Motion by Trustee McInerney, seconded by Trustee Caleel, to approve the
minutes of the Regular Board of Trustees Meeting of October 10, 2000 as
presented and waive the full reading thereof. VOICE VOTE. Motion carried.
President Bushy announced that on Tuesday, November 14, 2000, at 7:20 p.m. the
Village of Oak Brook's Local Canvassing Board would canvass the votes of the
advisory question of public policy placed on the November 7, 2000 General Election
ballot.
5. OMNIBUS AGENDA:
All items on the Omnibus Agenda were routine in nature and enacted in one
motion. No one requested a separate discussion of an item for removal from
the Omnibus Agenda.
Motion by Trustee McInerney, seconded by Trustee Caleel, to approve the
Omnibus Agenda. ROLL CALL VOTE:
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5. Ayes: 6 - Trustee Butler, Caleel, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion Carried.
APPROVAL:
A. APPROVAL OF BILLS: Approved Omnibus Vote. BILLS -
$638,110.32
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING PAYROLL-
OCTOBER 14, 2000: Approved Omnibus Vote. $402,384.97
(gross)
C. CHANGE ORDERS: None.
D. PAYOUTS:
1) JAMES J. BENES & ASSOCIATES, INC. - PAYTOUT #22 - '99 PAV PROJ
1999 PAVING PROJECT - $1,257.49: Approved Omnibus Vote.
2) CIVILTECH ENGINEERING, INC. - PAYOUT #20 - YORK/HARGER
YORK/HARGER BIKE TRAIL - $12,875.58: Approved BIKE TRAIL
Omnibus Vote.
3) JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #2 - 2001 2001 PAY
PAVING DESIGN - $3,122.50: Approved Omnibus Vote. DESIGN
4) ALLIED ASPHALT PAVING COMPANY, INC. - PAYOUT #3 - 2000 PAV
2000 PAVING PROJECT - INFRASTRUCTURE FUND - PROJ -
$98,398.80: Approved Omnibus Vote. INFRASTRCT
E. REFERRALS:
1) PRIME GROUP REALTY TRUST - (800-810 JORIE REFER - PC
BOULEVARD) - TEXT AMENDMENT AND SPECIAL USE - & ZBA PRIME
REFER TO PLAN COMMISSION MEETING ON GRP REALTY
NOVEMBER 20, 2000 AND ZONING BOARD OF APPEALS TEXT AMEND
MEETING ON DECEMBER 5, 2000: Approved Omnibus Vote. & SPEC USE
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS:
1) LANDSCAPE SERVICES: Approved Omnibus Vote.
LNDSCP SERV
G. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREAS RPT
SEPTEMBER, 2000: Approved Omnibus Vote. 09/00
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7.
H. INTERGOVERNMENTAL AGREEMENT - YORK
ROAD /INTERSTATE -88 BRIDGES: Approved Omnibus Vote.
ITEMS REMOVED FROM OMNIBUS AGENDA: None.
ACTIVE AGENDA (Items for Final Action):
A. APPOINTMENTS: None.
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE #2000- TX -UT -G -662, AN ORDINANCE
FURTHER AMENDING ORDINANCE G -470, "AN
ORDINANCE ESTABLISHING A UTILITY TAX WITHIN THE
VILLAGE OF OAK BROOK, DUPAGE AND COOK
COUNTIES, ILLINOIS ":
Staff recommends that the Village may wish to suspend imposition of
the 1% Infrastructure Maintenance Fee until such time as the Illinois
Supreme Court or remedial legislation finds the Act valid, is enacted by
the General Assembly, the Village Board by ordinance and reinstates
this fee. To offset the suspension of the 1% Infrastructure Maintenance
Fee, staff suggests that the Village increase the telecommunications tax
from 2% to 3% in the interim. This is also the time for the Board to
consider the utility tax on gas and electricity and there is no change
recommended for these utilities at this time.
The Village Attorney has prepared the following ordinances:
1. An ordinance extending the Utility Tax at the current rate of 3 %;
2. An ordinance suspending the Infrastructure Maintenance Fee; and
3. An ordinance amends the Municipal Telecommunications Tax.
In Section 5- 3 -2(A) the new rate of the Telecommunications Tax is at
3 %. All of these ordinances are effective January 1, 2001.
Motion by Trustee Caleel, seconded by Trustee McInerney, to approve
Ordinance #2000- TX -UT -G -662, "An Ordinance Further Amending
Ordinance G -470, `An Ordinance Establishing a Utility Tax Within the
Village of Oak Brook, DuPage and Cook Counties, Illinois," as
presented and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 4 of 10
AGRMNT
YORK/I -88
BRIDGES
ORD #00 -TX-
UT -G -662
AMEND G -470
UTIL TAX
October 24, 2000
7. B. 2) ORDINANCE #2000 -TX- TELCOM - IMFA -G -663, AN ORD #00 -TX-
ORDINANCE SUSPENDING CHAPTER 2 "MUNICIPAL TELCOM-
TELECOMMUNICATIONS INFRASTRUCTURE IMFA -G -663
MAINTENANCE FEE" OF TITLE 5 OF THE VILLAGE CODE SUSPND TITL 5
OF THE VILLAGE OF OAK BROOK, ILLINOIS: TELE INFSTR
MAINT FEE
Motion by Trustee Caleel, seconded by Trustee McInerney, to approve
Ordinance #2000- TX- TELCOM- IMFA -G -663, "An Ordinance
Suspending Chapter 2 `Municipal Telecommunications Infrastructure
Maintenance Fee' of Title 5 of the Village Code of the Village of Oak
Brook, Illinois," as presented and waive the full reading thereof.
ROLL CALL VOTE:
Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
3) ORDINANCE #2000 -TX- TELCOM -G -664, AN ORDINANCE ORD 00-TX-
AMENDING CHAPTER 3 OF TITLE 5 OF THE VILLAGE TELCOM -G -664
CODE OF THE VILLAGE OF OAK BROOK ESTABLISHING A AMEND TITL 5
MUNICIPAL TELECOMMUNICATIONS TAX: MUN TELE TAX
Motion by Trustee Caleel, seconded by Trustee Craig, to approve
Ordinance #2000 -TX- TELCOM -G -664, "An Ordinance Amending
Chapter 3 of Title 5 of the Village Code of the Village of Oak Brook
Establishing a Municipal Telecommunications Tax," as presented and
waive the full reading thereof. ROLL CALL VOTE:
Ayes 6 - Trustee Butler, Caleel, Craig, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
4) ORDINANCE #2000 -SC -S -973, AN ORDINANCE ORD #00 -sC-
AUTHORIZING THE ISSUANCE OF A $64,082.55 S -973
REFUNDING NOTE OF THE VILLAGE OF OAK BROOK, RFND NOTE
DUPAGE AND COOK COUNTIES, IL: SPRTS CORE
The proposed ordinance authorizes the issuance of a Sports Core
Refunding Note in the amount of $64,082.55 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
28th each year, with the remaining principal balance being refinanced
for an additional one -year term. The interest rate on the note is 4.81 %,
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October 24, 2000
the same rate as in effect when the note was originally issued. The
monthly payment amount has been increased slightly by $0.16 to
$2,805.94 in order to fully amortize the remaining principal by
October 28, 2002. As to the issue of whether the Village should simply
pay off the remaining balance, the yield on invested funds has been in
excess of 1% greater than the rate paid on the obligation. The Finance
Officer recommends renewing the Note for another one -year term. The
payments have been budgeted for in the Tennis Operations- Indoor
Program (814), which is then reimbursed by the General Corporate
Fund through a monthly transfer.
Trustee Savino asked that the Board consider paying the note in full as
the Village would only earn about $1,000 over a two -year period. This
would also eliminate, on the Village's financial statements, an expense
for interest and principal of a venture that no longer exists. Trustee
McInerney noted Trustee Savino's comments but was not inclined to
pay the note in full due to the approximately $1,000 interest earned.
Trustee Caleel concurred with Trustee McInerney's comments.
Motion by Trustee Caleel, seconded by Trustee Craig, to approve
Ordinance #2000 -SC -S -973, "An Ordinance Authorizing the Issuance
of a $64,082.55 Refunding Note of the Village of Oak Brook, DuPage
and Cook Counties, IL," as presented and waive the full reading
thereof. ROLL CALL VOTE:
Ayes: 5 - Trustees Butler, Caleel, Craig, Kenny and McInerney.
Nays: 1 - Trustee Savino.
Absent: 0 - None. Motion carried.
7. C. AWARD OF CONTRACTS:
1) WATER UTILITY CROSS CONNECTION CONTROL H2O UTIL
PROGRAM SERVICES: CONN CTRL
Pursuant to authorization by the Village Board on September 12, 2000,
the staff has negotiated a contract with Backflow Solutions, Inc. to
implement and maintain a Cross - Connection Control program for the
water utility, consistent with State requirements. Funds in the amount
of $59,500 have been budgeted in the Water Operations budget
(Program 35 1) for 2000. Funds for the two subsequent years have been
incorporated in the 2001 -2005 Five -Year Financial Plan to continue
this program.
Trustee Caleel suggested that all lawn sprinkling devices should be
inspected rather than just those installations in homes since 1992.
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7. C.
Public Works Superintendent Meranda explained that the installations
could be inspected but the Village may not mandate that an RPZ be
installed. Village Attorney Martens recommended that staff contact
Illinois Environmental Agency for further clarification. Village
Manager Veitch stated staff will research this subject further to
determine if all 1,400 sprinkling systems can be inspected for
compliance. Trustee Caleel recommended that an ordinance require
that all lawn sprinkling systems be required to install the RPZ device.
Village Attorney Martens will review this further to determine if, as a
non -home rule community, this is feasible.
Motion by Trustee Savino, seconded by Trustee Kenny, to table this
agenda item to a future meeting. VOICE VOTE: Motion carried.
2) WATER UTILITY SUPERVISORY CONTROL AND DATA
ACQUISITION (SCADA) SYSTEM:
Pursuant to the Village Board authorization given on August 22, 2000,
the staff has negotiated a contract with Automatic Control Services for
the purchase and installation of the SCADA system. Scope of services
include installation, start up service, operator training and a two -year
warranty on all parts and labor. Installation and start up is scheduled to
be complete by March 31, 2001. Funds in the amount of $53,000 have
been budgeted in the Water System Improvements budget (Program
45 1) for this project.
Motion by Trustee Caleel, seconded by Trustee Savino, that the Village
award a contract, subject to staff review, to the lowest responsible
bidder: Automatic Control Services, 115 West Arthur, Roselle, IL
60172, for the purchase and installation of the SCADA system and for
services that will include start up service, operator training and a two
years warranty on all parts and labor, for an negotiated price of
$47,761.25. Installation and start up is scheduled to be completed by
March 31, 201. Funds in the amount of $53,000 have been budgeted in
the Water System Improvements budget (Program 45 1) for this project.
ROLL CALL VOTE:
Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 7 of 10
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H2O UrIL
SCADA SYS
October 24, 2000
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INFORMATION & UPDATES: INFO &
UPDATES
A. VILLAGE PRESIDENT: VLLG PRES
President Bushy announced that the Metropolitan Mayors Caucus
meets this week to continue discussion of electricity and e- commerce.
This past week the Village Manager, Assistant Village Manager, and
she held meetings with non - represented Village employees to discuss
any issues, concerns and the future construction schedule of the Village
complex. President Bushy was interviewed by "Crain's Chicago
Business" on e- commerce and how the Village of Oak Brook should be
positioning itself.
B. VILLAGE MANAGER: VLLG MGR
Village Manager indicated the Village has received bids on the Oak
Brook Public Library project. The analysis is near completion and
Harbour Contractors is putting together the guaranteed maximum price.
It appears that the total cost will be at or a little below the estimate the
Village Board approved prior to going out to bid. It is hoped that staff
can present this to the Village Board at a special meeting next week to
award the contracts to all of the sub - contractors, assign them to
Harbour Contractors as construction manager and approve the
guaranteed maximum price contract with Harbour Contractors. After
discussion President Bushy set November 2, 2000 as the tentative date
for a Special Village Board meeting.
DEPARTMENTAL REPORTS - QUARTERLY REPORTS: QTLY RPTS
A. Communications Center
B. Community Development
C. Engineering Department
D. Finance Department
E. Fire Department /EMS
F. Information Services/
Purchasing
G. Legal Department
H. Library
I. Police Department
J. Public Works
K. Recycling
L. Risk Management
M. Sports Core - Bath & Tennis
and Golf
N. Village Clerk
Quarterly reports were accepted as presented and placed on file.
VILLAGE OF OAK BROOK Minutes Page 8 of 10
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October 24, 2000
10. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
A. RECOMMENDATION - HAFF /BRIARWOOD LAKES RECOMM -
COMMUNITY ASSOCIATION (32 REGENT DRIVEL FLOOD HAFF/BRwD
PLAIN SPECIAL USE WITH VARIATION• SP UsENAR
Hank Haff, Haff Associates, representing the petitioner addressed the
Village Board regarding a request for a flood plain special use with
variation at 32 Regent Drive.
Flood Plain Special Use — The Plan Commission by a vote of 5 to 0 at
their September 18, 2000 meeting, and the Zoning Board of Appeals by
a vote of 5 to 0 at their October 3, 2000 meeting, have recommended
approval of the request from Hank Haff and the Briarwood Lakes
Community Association for a Flood Plain Special Use to permit
construction of a new home on the lot at 32 Regent Drive which is in
the flood plain. The required compensatory storage for the lot will be
located in part on Association property instead of on -site. Their
recommendations include the following conditions:
• The development shall be in substantial conformance with plans as
submitted.
• Subject to comments contained in Village Engineer Durfey's
memorandum dated September 12, 2000.
Motion by Savino, seconded by Trustee McInerney, to concur with the
recommendations of the Plan Commission and Zoning Board of
Appeals and authorize the Village Attorney to draft the necessary
ordinances for final consideration at the Village Board meeting of
November 14, 2000 VOICE VOTE: Motion carried.
Variation — By a vote of 5 to 0, the Zoning Board of Appeals at their
October 3, 2000 meeting recommended approval of a variation to
permit construction of a new home at 32 Regent Drive 2.2 feet above
the base flood elevation finding that the petitioner has met the criteria
set forth in the Ordinance to grant such a request subject to the
following conditions:
• The development shall be in substantial conformance with the plans
as submitted.
• Subject to comments contained in Village Engineer Durfey's
memorandum dated September 12, 2000.
Motion by Trustee Savino, seconded by Trustee Craig, to concur with
the recommendations of the Zoning Board of Appeals and authorize the
Village Attorney to draft the necessary ordinances for final
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consideration at the Village Board meeting of November 14, 2000.
VOICE VOTE: Motion carried.
11. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None.
12. ADJOURNMENT TO CLOSED MEETING: To discuss the Appointment,
Employment or Dismissal of an
Officer or an Employee
Motion by Trustee Caleel, seconded by Trustee Craig, to adjourn the meeting
at 10:00 p.m. to a closed meeting to discuss the appointment, employment or
dismissal of an officer or an employee. ROLL CALL VOTE:
Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
13. ADJOURNMENT:
Motion by Trustee Caleel, seconded by Trustee Craig, to adjourn the meeting
at 10:57 p.m. ROLL CALL VOTE:
Ayes: 6 - Trustees Butler, Caleel, Craig, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
ATTEST:
l
Linda K. 6onnella, CMC
Village Clerk
BOT- 102400
VILLAGE OF OAK BROOK Minutes Page 10 of 10
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CLOSED MTG
ADJOURN
October 24, 2000