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Minutes - 11/12/2002 - Board of TrusteesMINUTES OF THE NOVEMBER 12, 2002 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 10, 2002. CALL, TO ORDER: CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:32 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Karen M. Bushy, Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan Chase Korin and Elaine Miologos. ABSENT: None. Trustee Savino entered the meeting at 7:42 p.m. IN ATTENDANCE: Michael A. Crotty, Acting Village Manager; Dale L. Durfey, Jr., Village Engineer; Debra J. Jarvis, Fire Chief, Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director and Alice Filinovich, Accounting Manager. ANNOUNCEMENTS AND OPEN FORUM: Trustee Craig acknowledged that his wife was severely injured on October 10`h and he read a letter from his wife thanking the Village for the floral arrangement, the many get well cards and support during this difficult time. He also thanked the Police Department and Fire Department for their efforts in getting his wife to a special trauma hospital for her severe injuries. President Bushy announced that due to the renovation of the Police Department the press agenda packets of the Village Board meetings will be available during regular business hours, 8:30 a.m. to 5:00 p.m., at the reception area or will be placed on the press table in the Samuel E. Dean Board Room at the time of the meeting. President Bushy further announced that the HVAC system in the older section of the Village Hall will be shut off for the next 60 to 90 days. Contractors are working with the Village staff to coordinate temporary heating and perimeter heating. VILLAGE OF OAK BROOK Minutes Page 1 of 18 November 12, 2002 ANNOUNCE 3. As a result, the Village Board meetings may have to be relocated to the new Library if the Samuel E. Dean Board Room is uninhabitable during this process. The Police Department has temporarily moved to the old Library building during the renovation of the current building. 4. APPROVAL OF MINUTES: MINUTES Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Minutes REG MTC - 10/8/02 of the Regular Board of Trustees Meeting of October 8, 2002 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. Trustee Korin asked that agenda items 5A.6) Harbour Contractors, Inc. - Payout # 21 - Municipal Building Project - $189,390.16 and 5.E.2) High Volume Copier Replacement - Administration Department be removed for further discussion. Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Consent Agenda as amended and that the Board has determined that the circumstances necessitating the change orders were not reasonably foreseeable at the time the contract was signed and that the change orders are in the best interest of the Village and are authorized by law. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. A. APPROVAL OF BILLS - $672,273.21 BILLS - $672,273.21 Significant items included above: 1) Civiltech Engineering, Inc. - Payout #2 - 31St Street Bicycle/Pedestrian Path Phase II - $28,792.43 2) Civiltech Engineering, Inc. - Payout #3 - 31St Street Bicycle /Pedestrian Path Phase II - $34,868.14 3) Lemont Paving Company - Payout #2 - 2000 Safety Pathway - $28,750.92 4) Prime Construction - Payout # 1 - 2002 Drainage Project - $23,805.00 5) Knoll, Inc. - Payout #2 and Final - Library Building Project - $7,119.35 6) Harbour Contractors, Inc. - Payout # 21 - Municipal Building Project - REMOVED $189,390.16 VILLAGE OF OAK BROOK Minutes Page 2 of 18 November 12, 2002 6 5 0 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING OCTOBER 26, PYRL - S493,7I4.88 2002 - $493,714.88 C. CHANGE ORDERS: 1) CHANGE ORDERS #86 #89 #93 #94 AND #100 - MUNICIPAL MCP - CHNG ORD BUILDING PROJECT - ($4,500) - REVISED TOTAL CONTRACT 86, 89, 93, 94 & 100 AMOUNT - $8,158,877 D. REFERRALS: None E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS: 1) RFP - COMPUTER MAINTENANCE - LIBRARY 2) HIGH VOLUME COPIER REPLACEMENT - ADMINISTRATION DEPARTMENT F. PROPOSED 2003 MUNICIPAL BUDGET - PLACE ON FILE FOR PUBLIC REVIEW ITEMS REMOVED FROM CONSENT AGENDA: BIDS, PROP, NEG CONT RFP - LIB COMP MAINT REMOVED PLC ON PILE -PUB RV W - PROP 2003 BUDG RMVDC AGNDA 5. A. 6) HARBOUR CONTRACTORS, INC. - PAYOUT # 21 - MUNICIPAL PYOUT #21 MCP - BUILDING PROJECT - $189,390.16 INc BoUR coNTR, Trustee Korin had asked that this agenda item be removed for discussion. She voiced her concern about the problems with Harbour Contractors and the Library Building Project that have been unresolved for a lengthy time. She felt that the issues should be resolved by the end of the year and that the Village should not continue any payouts. Attorney Martens explained that the Library Building Project is a totally different contract and we would not be able to hold payouts for a separate contract. Manager Crotty explained additional issues with the Library Building Project and how we might use those issues to resolve the contract problems. Trustee Savino agreed with Manager Crotty to keep the two contracts separate and hold back any further payouts for the Library Proj ect. VILLAGE OF OAK BROOK Minutes Page 3 of 18 November 12, 2002 0 7 5. A. 6) Motion by Trustee Korin, seconded by Trustee Aktipis, to authorize Harbour Contractors, Inc. Payout #21 for the Municipal Building Project in the amount of $189,390.16. ROLL CALL VOTE. Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino Nays: 0 - None Absent: 0 - None. Motion carried. 5. E. 2) HIGH VOLUME COPIER REPLACEMENT - ADMINISTRATION RFP - ADM IN DEPARTMENT COPIER Trustee Korin asked if staff had researched leasing rather than purchasing a copier to alleviate cash flow problems. Purchasing Director Kapff responded that this was being brought to the Board for approval to prepare a Request For Proposals and that option would be part of the RFP. He indicated that the Finance Department would run all of the numbers and provide advise as to cost effectiveness of the proposed bids and then a recommendation would be brought back for Board approval. Motion by Trustee Korin, seconded by Trustee Aktipis, to authorize staff to seek proposals for a high volume copier replacement in the administration department. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino Nays: 0 - None Absent: 0 - None. Motion carried. BOARD & COMMISSION RECOMMENDATIONS: BD /COMM RECOM A. RECOMMENDATION - TEXT AMENDMENTS - TITLE 14 OF THE TxT AMND - TITLE 14 -REV SUBD VILLAGE CODE - REVISIONS TO THE SUBDIVISION REc REGULATIONS Plan Commission Recommendation Text Amendments — The Plan Commission at its meeting on April 15, 2002, voted 6 to 0, recommending approval of the request from the Village of Oak Brook for text amendments to Title 14 — Subdivision Regulations. Prior to forwarding this amendment to the Plan Commission, a review committee consisting of Village Manager Veitch, Village Attorney Martens, Village Engineer Durfey and Community Development Director Kallien met regularly to review and recommend changes to the Subdivision Regulations. The majority of the proposed amendments are general in nature, which clarify conflicting and /or vague terminology. VILLAGE OF OAK BROOK Minutes L� Page 4 of 18 November 12, 2002 7 A. The Plan Commission recommends approval of all the proposed changes, which eliminates conflicting and/or vague terminology, which ultimately enhances administration of the Ordinance. In making these recommendations, the Commission found that the Village as the petitioner has satisfactorily addressed the applicable factors for approval of text amendments. Motion by Trustee Savino, seconded by Trustee Aktipis, to concur with the recommendation of the Plan Commission for text amendments to Title 14 - Subdivision Regulations and authorize the Village Attorney to draft the necessary ordinance for final consideration at the Village Board meeting of November 26, 2002. VOICE VOTE: Motion carried. ACTIVE AGENDA (Items for Final Action): A. CONFIRMATION OF APPOINTMENTS: 1) PLAN COMMISSION Plan Commission - 3 Year Terms Trustee Al Savino, Chairwoman Lexi Payovich, Chairman Champ Davis and Staff Liaison Bob Kallien visited with the potential candidates to fill vacancies in the Plan Commission offer the following appointments. 1. The appointment of Gerald Wolin to fill the expired term of Stelios Aktipis (term expired May, 2002) with his term expiring May, 2005. 2. The appointment of Jeff Bulin to fill the unexpired term of Stephen Allen (resigned 8- 28 -01), with his term expiring May, 2004. 3. The appointment of Marcia Tropinski to fill the expired term of Anthony Tappin (term expired May, 2002), with her term expiring May, 2005. 4. The appointment of David Braune to fill the expired term of Samuel Girgis (term expired May, 2002), with his term expiring May, 2005. Trustee Miologos asked if a member of the Board of Trustees, the Chairman of the Plan Commission and the Chairman of the Zoning Board of Appeals met to interview candidates to fill vacant positions whether a Public Notice would be required. VILLAGE OF OAK BROOK Minutes Page 5 of 18 November 12, 2002 ACTIVE AGENDA APPOINTMENTS PLAN COMMISSION 8. A. 1) Village Attorney Martens stated that that the meeting was within the law because they were from different bodies of the municipality. He added that if it was a subcommittee charged with interviewing candidates, it would be required to post the meeting, but that the interviews could be done in a closed session if a majority of the members wished to do so. President Bushy acknowledged Mr. Wolin and Mrs. Tropinski were in attendance at the meeting. She also acknowledged Mr. Young was in attendance at the meeting. Motion by Trustee Savino, seconded by Trustee Aktipis, to concur with the recommendation of the Plan Commission and appoint to the Plan Commission for three -year terms: Gerald Wolin with a term to expire May, 2005; Jeff Bulin with a term to expire May, 2004; Marcia Tropinski with a term to expire May, 2005 and David Braune with a term to expire May, 2005. VOICE VOTE: Motion carried. 2) ZONING BOARD OF APPEALS Trustee Al Savino, Chairwoman Lexi Payovich, Chairman Champ Davis and Staff Liaison Bob Kallien visited with the potential candidates to fill the vacancies in the Zoning Board of Appeals and are pleased to offer the following appointments and re- appointments. Zoning Board of Appeals - 5 Year Terms 1. The appointment of Steven Young to fill the vacant position left by Paul Adrian (appointed to Plan Commission 10- 23 -01). Mr. Young's term will expire November, 2005. 2. The appointment of Robert Sanford to fill the expired term of Louis Aldini (term expires November, 2002) with his term expiring November, 2007. 3. The reappointment of Richard Ascher (term expired November, 2001), with his term expiring November, 2006. 4. The reappointment of Manu Shah (term expired November, 2001), with his term expiring November, 2006. VILLAGE OF OAK BROOK Minutes Page 6 of 18 November 12, 2002 In ZONING 13D OF APLS 8. A. 2) Motion by Trustee Aktipis, seconded by Trustee Savino, to concur with the recommendation of the Zoning Board of Appeals to appoint and reappoint to the Zoning Board of Appeals for five -year terms: appoint Steven Young with a term to expire November, 2005; appoint Robert Sanford with a term to expire November, 2007; reappoint Richard Ascher with a term to expire November, 2006 and reappoint Manu Shah with a term to expire November, 2006. VOICE VOTE: Motion carried. 3) OAK BROOK HOTEL CONVENTION AND VISITORS OB HTL, CONV & COMMITTEE VIS CTE President Bushy offers the name of Julie Coker, who replaced Terri Kolodzie as the General Manager of the McDonald's Lodge, to be appointed to the Oak Brook Hotel, Convention and Visitors Committee. Motion by Trustee Caleel, seconded by Trustee Aktipis, to appoint Julie Coker, General Manager of the McDonald's Lodge to the Oak Brook Hotel, Convention and Visitors Committee. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 2002- ZO- SU -FP -S -1026, "AN ORDINANCE ORD 02- ZO- SU -FP -S- 1026 - FLD PLN GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT SPEC USE -- 214 TO SECTION 9 -1 -8 OF THE VILLAGE CODE OF THE VILLAGE FOREST TRAIL OF OAK BROOK, ILLINOIS (214 FOREST TRAIL, OAK BROOK. IL 60523)" The ordinance grants a flood plain special use to permit construction of improvements located within the flood plain. Motion by Trustee Savino, seconded by Trustee Caleel, to approve Ordinance 2002- ZO- SU -FP -S -1026, "An Ordinance Granting a Flood Plain Special Use Permit Pursuant to Section 9 -1 -8 of the Village Code of the Village of Oak Brook, Illinois (214 Forest Trail, Oak Brook, IL 60523)" granting a flood plain special use for the property at 214 Forest Trail to permit construction of improvements located in the flood plain. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. ORD 02- ZO -V -S -1027 - VAR ZON ORD - FENCE - 3423 VILLAGE OF OAK BROOK Minutes Page 7 of 18 November 12, 2002 N 8. B. 2) ORDINANCE 2002- ZO -V -S -1027, "AN ORDINANCE GRAN_ TING A SPRNG RD VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO FENCE REQUIREMENTS (3423 SPRING ROAD, OAK BROOK, IL 60523)" The ordinance permits the installation of an open fence 72 inches in height along the perimeter of the property at 3423 Spring Road. Motion by Trustee Savino, seconded by Trustee Caleel, to approve Ordinance 2002- ZO -V -S -1027, "An Ordinance Granting a Variation from the Provisions of the Zoning Ordinance of the Village of Oak Brook Relative to Fence Requirements (3423 Spring Road, Oak Brook, IL 60523)" granting a fence variation to the property at 3423 Spring Road. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) ORDINANCE 2002- CD -BC -G -705 "AN ORDINANCE AMENDING oRD- 02- CD -BC -G- 705 AMND SEC 10-4 - SECTION 10 -4 -1 OF CHAPTER 10 OF THE VILLAGE CODE OF 1 of CHAP 10- THE VILLAGE OF OAK BROOK RELATING TO BUILDING BLDG REG & FEES REGULATIONS AND FEE SCHEDULE" During the 4th Quarter of 2001, the Board approved a comprehensive amendment to Chapter 10 — Building Regulations which resulted in adoption of a series of updated building codes and fees. The goal of the fee update was to ensure that Oak Brook's fee schedule was in line with 10 neighboring communities and to cover all costs that are incurred by the Village to process new construction activities (permits, plan review and inspections). As part of that update, the Board directed that the fee schedule be updated each year to ensure that our cost recovery goal is met. Consistent with Board objective to cover staff costs, the fee schedule has been updated. Since our estimated 2003 costs (both salaries and benefits) have increased by approximately 5 percent since the fees were enacted in 2001, each of the individual fee amounts have been updated by that amount. Some exceptions can be found where rounding was necessary or where the previous fee (i.e., plan review) was found to be insufficient to cover costs. It should be noted that several minor changes have been made to the schedule to further clarify the types of construction activities that fall under the various categories. VILLAGE OF OAK BROOK Minutes Page 8 of 18 November 12, 2002 A To address the current situation in the Fire Department where an outside plan review service is used to augment a current vacancy in the Department, language has been added which permits the actual costs of these outside services to be passed on to the applicant. Based on the proposed fee schedule, the fees that would be assessed for four different development scenarios are depicted in the following table: Current Proposed Oak Brook Oak Brook Fee Fee New Office Building $22,885 $25,379 New Home $ 2,156 $ 2,481 Commercial Alteration $ 2,339 $ 2,667 Residential Addition $ 844 $ 886 The revised fee schedule recommended for Board consideration will generate additional revenues and provides a mechanism to cover the costs of all Village staff that are involved in the review and approval processes related to new construction. Specifically, the fee schedule has been modified to ensure that all applicable costs incurred by the Fire Department for the review and approval of plans and inspections for new construction are recovered. Also, based on the comprehensive fee analysis that was conducted last year, this updated schedule continues to keep Oak Brook's fees in line with the fees assessed by other nearby communities. Motion by Trustee Savino, seconded by Trustee Caleel, to approve Ordinance 2002- CD -BC -G -705, "An Ordinance Amending Section 10- 4-1 of Chapter 10 of the Village Code of the Village of Oak Brook Relating to Building Regulations and Fee Schedule" amending Chapter 10 - Building Regulations - Fees. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS: 1) GASB 34 - DIGITAL MAPS AND GIS PLAN DEVELOPMENT VILLAGE OF OAK BROOK Minutes Page 9 of 18 November 12, 2002 LG AWARD CT GASB 34 8. C. 1) At the Village Board meeting of December 11, 2001, the Board authorized staff to issue a Request For Proposal to interested vendors for Consulting Services related to GASB 34, Digital Mapping and GIS requirements, and to negotiate a contract with the selected vendor, such contract to be presented to the Village Board for approval at a future meeting. Staff has solicited RFP's from interested vendors and received RFP's from the following five firms: Burns & McDonnell, Earth Tech, Inc., Group 1 Resources, Inc., Shive - Hattery, Inc. and Systems Development Integration, Inc. After reviewing all of the RFP's, staff selected the following three firms for interviews: Burns & McDonnell, Earth Tech, Inc. and Shive - Hattery, Inc. After the interviews, staff selected Earth Tech, Inc. as the most qualified firm and has negotiated a contract. Earth Tech submitted the most comprehensive proposal, had the best overall understanding of the Village's needs, proposed innovative solutions, and demonstrated the technical ability to perform the work. The Village began this project as a result of requirements of the Government Accounting Standards Board (GASB), that sets accounting standards for local governments. In 1999, GASB adopted Statement No. 34 that, among other things, requires local governments to go back 25 years and estimate the cost and accumulated depreciation of infrastructure (roads, water system, storm sewer, bike paths). By proceeding with this project, in addition to simply meeting the requirements of GASB 34, we will also be able to address a long- standing problem — generating and maintaining accurate and easy -to- update digital infrastructure maps for use by all departments. Some of the additional benefits are as follows: 1. Infrastructure maps that are easy to access by multiple departments and to update in the future. 2. Quicker access to needed mapping information during emergency situations (watermain breaks, hazardous material spills, house fires). 3. More accurate and quicker location of infrastructure in all weather conditions (e.g. water valves and fire hydrants buried in snow). 4. More efficient design of infrastructure changes (accurate digital maps assist both in -house staff and consultants to design needed improvements). VILLAGE OF OAK BROOK Minutes Page 10 of 18 November 12, 2002 0 8. C. 1) The scope of services includes the following items: 1. Create a system inventory of existing utility systems (water, storm sewer, streetlights, and public ways). 2. Transfer inventory information to layers on the Village's existing digital base maps (we already use these base maps obtained from DuPage County to a limited extent). 3. Produce good quality system maps showing approximate locations and quantities of system components. 4. Provide an estimate of probable replacement costs for each system (calculation of depreciated value will be completed by Village staff). 5. Assist the Village with implementing a basic Geographic Information System (GIS) that will allow use of the newly created digital infrastructure maps as a platform for storing and managing many layers of additional information about the Village's infrastructure. This agreement has been reviewed by Attorney Martens and Purchasing Director Kapff and found to be acceptable as to form. Motion by Trustee Miologos, seconded by Trustee Savino, to approve an agreement with Earth Tech, Inc. for Professional Consulting Services regarding GASB 34 — Digital Maps and GIS Plan Development in the not -to- exceed amount of $74,520.00. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) PUBLIC WORKS UNIFORMS Two sealed bids were received on Wednesday, October 30, 2002. Bid packages were sent to four companies. The two no bidders were out of state and therefore unable to supply us with drop -off and pick -up services, as required in the bid specifications. The recommended contractor has supplied uniforms to the Public Works Department for the past eight years. Service has been acceptable and it is anticipated continued good service will be received. The costs in the proposed contract are lower than in previous years with the same contractor. VILLAGE OF OAK BROOK Minutes Page 1 I of 18 November 12, 2002 PW UNIFORMS 9. C. 2) Motion by Trustee Miologos, seconded by Trustee Caleel, that the Village Board award a 3 -year contract to the lowest responsive and responsible bidder: Aramark Uniform Services, 9005 West 192nd Street, Mokena, Illinois 60448 to supply rental uniforms for Public Works employees at the following unit prices, with estimated annual costs of $5,049.20 (2003), $5,200.68 (2004) and $5,356.70 (2005). ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) APPROVAL OF RETAINER AGREEMENT RETAINER AGREE. The retainer agreement proposes to retain the law firm of Rathje and Woodward to represent the Village in defending the DuPage Housing Authority v. Village of Oak Brook zoning case. This firm comes highly recommended and has extensive experience in zoning litigation. Trustee Savino stated he would not vote in favor of this, not as a comment on the law firm, but because he felt this litigation was a waste of money. He added that the Board was being extremely cautious in relation to expenditures and felt this was a huge amount of money to be spent on this kind of action. Trustee Caleel stated that this is more than a money issue, it is the character of the Village that is being challenged and would require changing the Municipal Code. Motion by Trustee Caleel, seconded by Trustee Aktipis, that the Village Board approve a retainer agreement with the law firm of Rathje and Woodward and authorize and direct the Village President to sign the client acknowledgment on behalf of the Village. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Miologos. Nays: 1 - Trustee Savino. Absent: 0 - None. Motion carried. D. CANCELLATION OF THE DECEMBER 23, 2002 COMMITTEE -OF- CNCL BD h9TGs THE -WHOLE AND THE DECEMBER 24, 2002 REGULAR BOARD OF TRUSTEES MEETINGS Motion by Trustee Caleel, seconded by Trustee Savino, to cancel the Committee -of- the -Whole meeting of December 23 and the Regular Board of Trustees meeting of December 24 due to the Christmas holidays. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 12 of 18 November 12, 2002 G6 8. E. REQUEST FOR RATE ADJUSTMENTS - RESIDENTIAL MUNICIPAL RTE ADJ WSTE WASTE COLLECTION COLL In June of 2000, the Village Board entered into a three -year contract with BFI Waste Systems of North America, Inc. for residential municipal waste collection services commencing January 1, 2001. The contract includes a provision whereby either party may request in writing a review of rates prior to August 15 of each year for adjustments to be made on January 1 of the following year. If the request comes from the hauler, it must contain the basis of the request, cost calculations based on expenses, a revenue analysis, a description of the factors affecting the cost of service or revenue derived, and the volume of materials collected. Finally, the contract caps any annual increase to rates at 5 %. In November of 2001, the Board approved a 3.4% increase to the rates for residential municipal waste collection services, and that adjustment was made effective on January 1, 2002. On August 14, 2002 BFI presented staff with a request for a 1.325% adjustment to the rates to be effective January 1, 2003. Staff met with representatives from BFI to review the information provided, and has found the request to be reasonable and consistent with the terms of the contract. Representatives from BFI were in attendance of the meeting. Motion by Trustee Korin, seconded by Trustee Savino, that the Village Board authorize adjustments to the rates for residential municipal waste collection services as requested by BFI Waste Systems of North America, Inc. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. F. APPROVAL OF LETTER OF UNDERSTANDING — REFINANCE OF LTR UN D. REFIN INSTALL CON - INSTALLMENT CONTRACT — BATH & TENNIS CLUBHOUSE B &T RENO PROJECT When the installment contract was issued in 2000 for the financing of the Bath and Tennis Clubhouse expansion project, it was necessary to negotiate the terms of this issue with only two local banks due to various litigation issues involving the Sport Core property. The installment contract certificates totaling $1,170,000 due through 2007 at the rate of 4.96% were sold to American National Bank and certificates totaling $630,000 due 2008 through 2010 at the rate of 5.15% were sold to Oak Brook Bank. VILLAGE OF OAK BROOK Minutes Page 13 of 18 November 12, 2002 6 8. F. Since the installment contract financing was done as a negotiated issue, the Village was able to incorporate terms so that remaining principal would be callable at any time. The Oak Brook Bank portion was called in 2001 using proceeds from the sale of the 31st Street right -of -way. After making the scheduled principal payment on December 1, 2002, the outstanding balance on the American National Bank portion will be $875,000. With the certificates being callable at any time and with interest rates at historically low levels, staff received authorization at the meeting of October 22, 2002 to proceed with a competitive refinancing of this debt. A competitive sale was recommended due to the likelihood that the issuance costs of $15,000 to $20,000 would be recovered in a lower interest rate through the competitive process. When American National Bank received word that the Village was going to refinance the debt, they contacted the Village's Financial Adviser with an offer to reduce the installment contract interest rate from 4.96% to 2.5 %. If the Village stays with American National Bank, the issuance costs would be substantially lower in that most of the costs could be avoided with the exception of the financial adviser fee of $4,500. After consideration of the financial adviser fee, interest savings will exceed $62,000 through December 1, 2007 based on their offer of 2.5 %. In the opinion of the Village's financial adviser, R.V. Norene and Associates, the American National Bank proposal is very competitive based on today's market rates and should be accepted. In their opinion, after factoring in the costs of issuance, a competitive process would not yield lower net cost. All other terms remain the same, and the Village retains the right to call the remaining principal at any time. Staff concurs with their assessment and recommends approval of the attached agreement. For several years now American National Bank has been affiliated with Bank One and is now formally taking on the Bank One name. Thus, the agreement will be between the Village and Bank One. Ron Norene of R.V. Norene and Associates was in attendance of the Board meeting and addressed the Board of the lowering interest rate issued by the federal government, but when he met with American National Bank to seek a lower rate American National Bank stated the rate would remain as presented. VILLAGE OF OAK BROOK Minutes Page 14 of 18 November 12, 2002 I 10. F. Asif Yusuf, 18 Kingsbury Court, stated it was a very competitive rate. President Bushy thanked Trustee Aktipis for his efforts with Finance Director Langlois and Acting Manager Crotty as he recommended this change. Motion by Trustee Aktipis, seconded by Trustee Caleel, that the Village Board authorize execution of an agreement with Bank One (formerly American National Bank) which reduces the interest rate on the installment contract issued for the expansion of the Bath and Tennis Clubhouse from 4.96% to 2.50 %. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. INFORMATION & UPDATES: A. VILLAGE PRESIDENT: President Bushy stated that last Friday she and Acting Manager Crotty attended a national conference in Schaumburg for Women Fire Chiefs. She met the acting commander for the Pentagon site when the plane crashed into the facility on 09/11/01. Fire Chief Jarvis organized the convention and hosted the conference. Motorola sponsored the event and there were training costs that were underwritten by Motorola. B. VILLAGE MANAGER: Acting Village Manager Crotty noted that the landmark Fire Station One is nearly completely removed. President Bushy acknowledged the decommissioning of Fire Station One occurred and it was a marvelous ceremony. She acknowledged Fire Lt. Thomas McEllin for his efforts in coordinating the ceremony. She asked that Fire Chief Jarvis publicly commend her staff for the efforts of the ceremony on October 30, 2002. DEPARTMENTAL REPORTS — LIAISON ASSIGNMENTS: Community Development Trustee Savino Finance & Purchasing Trustee Aktipis Library & Technology Trustee Korin Public Safety Trustee Caleel Engineering, Public Works & Safety Pathway System Trustee Miologos Sports Core, Community Events & Hotel, Convention Trustee Craig & Visitors Committee VILLAGE OF OAK BROOK Minutes Page 15 of 18 November 12, 2002 IN INFO & UPDATES VLLG PRES VLLG MGR DEPT. RPTS 10 11 Village Clerk Clerk Gonnella All reports were accepted as presented. Trustee Savino asked that the Board members look at chain link fences in Oak Brook to determine what color should be chosen as part of the change regarding proposed text amendment to fences in the Village Code. UNFINISHED AND NEW BUSINESS: A. TITLE 9 — STORMWATER ORDINANCE REVISIONS Staff has been working on revising various Village ordinances concerning stormwater matters to both update our older ordinance (the Floodplain Ordinance is from 1977), incorporate the DuPage County requirements into Oak Brook's ordinances (the Village is a complete waiver community), and update the ordinances as well. This includes revisions to Titles 1, 9, 10, and 14. Regarding revisions to Title 9, Stormwater Management, a comprehensive re -write was necessary. Some major revisions include: (1) The provisions of the DuPage County Ordinance have been used and reformatted into our system. Since we are a complete waiver community and must enforce the minimum County provisions, no major changes have been made to the County Ordinance. This proposed revision incorporates respective portions of our current Title 9, Floodplain and Wetlands Regulations and Soil Erosion and Sedimentation Control and (2) the Flood Plain Special Use item has been stricken. This requirement was created with the 1977 Ordinance and was needed due to the uncertainty in floodplain information and data at that time. Additionally, since that ordinance was one of the first comprehensive floodplain ordinances in the Chicago area, the Village Board wanted direct oversight into floodplain items. With the advances in computer and modeling technology and historical information, this onerous procedure is no longer technically needed. In addition, significant staff time would be saved for more productive endeavors. Recommended Title 9 sets requirements that would be administered by staff like any other permit. To summarize, Trustee Miologos asked Village Engineer Durfey what the net affect to Village residents and developers was as a result of these changes, whether the changes would affect anyone adversely, and his response was that there were no adverse affects. VILLAGE OF OAK BROOK Minutes Page 16 of 18 November 12, 2002 I UNFIN & NEW BUSINESS TITLE 9 - STRMWTR REV 11. A. Motion by Trustee Miologos, seconded by Trustee Aktipis, that the Village Board authorize the Village Attorney to draft the necessary ordinance for final consideration at the Village Board Meeting of November 26, 2002. VOICE VOTE: Motion carried. B. SLEDDING HILL This agenda item concerns re- shaping and improving the appearance of the sledding hill just northwest of the Library on the Sports Core property. President Bushy requested that a discussion be placed on the Unfinished and New Business portion of the Board Agenda. She stated that several hundred thousands of dollars were saved by having the dirt remain and not be hauled away while the new Library was being built. Unfortunately, the hill became too high and Village Engineer Durfey was able to locate a local company that is interested in dirt fill at their location and they will be taking the dirt. It will be reshaped to a bunny hill for small children to sled during the winter months and will also be seeded. SLED HILL UPDATE C. AMENDMENT OF TITLE 1 OF THE VILLAGE CODE — CHAPTER 14 — AMND 'FFF1 F I - FEES CHAP 14 FEES OF VIL CODE Consistent with the Village Board Objective to update all development codes and ordinances, staff has undertaken the process to review and recommend changes where appropriate to the fee schedule found in Title 1, Chapter 14 of the Village Code. These particular fees are associated with petitions and applications that are filed with the Village for activities that are reviewed by the Plan Commission and Zoning Board of Appeals (i.e., amendments, variations, special uses, subdivision plats, etc.). Applying the philosophy of cost recovery that was used as the basis for the recent comprehensive fee amendment that was enacted in conjunction to the adoption of new building codes, the fees collected to process applications and petitions should be sufficient to cover the staff time to process the request through the Plan Commission/Zoning Board/Village Board approval processes. Motion by Trustee Savino, seconded by Trustee Caleel, to authorize the Village Attorney to draft the necessary ordinance for final consideration at the Village Board meeting of November 26, 2002. VOICE VOTE: Motion carried. 12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS• OTHER BUS. VILLAGE OF OAK BROOK Minutes Page 17 of 18 November 12, 2002 Of 12. Trustee Caleel asked that Manager Crotty discuss with the Hotel, Convention and Visitors Committee about the possibility of using Hotel /Motel Tax revenues to cover the cost of fireworks for the Fourth of July Fireworks display and the Highland Games. 13. ADJOURN TO CLOSED SESSION: DELIBERATIONS CONCERNING ADJRN To CLSD MTG SALARY SCHEDULES FOR ONE OR MORE CLASSES OF EMPLOYEES AND TO CONSIDER PENDING LITIGATION Motion by Trustee Aktipis, seconded by Trustee Caleel, to adjourn to closed meeting for Deliberations Concerning Salary Schedules for One or More Classes of Employees and to Consider Pending Litigation. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 14. ADJOURNMENT: ADJRN Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at 10:30 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 18 of 18 November 12, 2002