R-807 - 05/14/2002 - AGREEMENT - Resolutions Supporting Documents�E OF oA� i
e �® ILLAGE OF OAK BROOK
v y
G IO
Village Board Transmittal Memorandum
c�00UNSr , ,
DATE:
SUBJE
FROM:
Fig,
May 8, 2002
Regional Bike Trail — Salt Creek Greenway
First Supplemental Agreement to the Intergovernmental Agreement for Phase H
Engineering Services
Dale L. Durfey, Jr., P.E., Village Engineer
ATION: That the President and Board of Trustees approve the attached
Resolution which approves "First Supplemental Agreement
Concerning the Establishment of the Salt Creek Greenway, Trail
and the Performance of Phase II Engineering Services.
At your meeting of January 27, 1998, you approved "A Revised Intergovernmental lAgreement
Providing for the Establishment of the Salt Creek Greenway Trail and the Performance of Certain
Engineering Services" concerning the designing and constructing of a trail along or in the general
vicinity of Salt Creek from the Ned Brown Forest Preserve in northern Cook County, south to DuPage
County andr connecting with the Centennial Trail of the National Historic Chicago Portage Site. This
trail is approximately 25 miles in length and project sponsors include the Forest Preserved District of
DuPage County, the Addison Park District, the Village of Addison, the Elmhurst Park District, the
Village of Oak Brook, the Village of Lyons, the Forest Preserve District of Cook County, and the
Village of Villa Park. The DuPage Forest Preserve District is the lead agency.
The Phase I Engineering work is essentially complete (we are awaiting IDOT's final approval). The
next step is to proceed with Phase Il Design Engineering.
On April 16, 2002, the DuPage Forest Preserve approved the first supplemental agreement iconcerning
Phase H Engineering services and is asking each agency to also approve it so that the prod ect may
continue.
The attached Exhibit A lists the respective shares of each agency. Oak Brook's share is $31,185 out of
a total $350,775. The Village will receive 80% reimbursement as part of the grant process. The 2002
Budget contains $36,000 for this project.
We are approving this supplemental agreement through a resolution in order to be consistent with each
of the other agencies actions in the past.
This item isl being placed on the Board agenda of May 14, 2002 for your consideration.
Regional trail sc phase I1
8. B.
VILLA
EPA
1) The proposed consolidation of AT &T Broadband and Comcast
Corporation would result in the transfer of control of the cable television
franchise to a new entity called AT &T- Comcast. Through the
Metropolitan Mayors Caucus, the affected franchising agencies
(including Oak Brook) enlisted Dr. Barry Orton & Municipal Services
Associates, Inc. to conduct the due diligence review of the new entity's
technical, financial and legal qualifications. That process is pursuant to
FCC guidelines and regulations, and is well underway. Incidentally, Dr.
Orton is the same consultant that the Village has enlisted to assist with
the negotiation of the new franchise agreement.
During the past 6 to 8 months, the representatives from AT &T
Broadband who will be responsible for negotiating the terms of the new
franchise agreement with the Village have been occupied with activities
necessary as a result of the transfer of control and due diligence review.
This has prevented significant negotiation to proceed with any of the
franchising agencies whose agreements are set to expire. As such, staff
recommends the adoption of the ordinance that would extend the
expiration of the existing agreement for a period of one year (or until
June 8, 2003). Both AT &T Broadband representatives and the Village's
consultant are confident that this will be sufficient time to conclude
negotiations, -fold the - requisite public hearing, and ensure that a new
agreement is in place.
Before the vote was taken, President Bushy stated that she wanted it
known that AT &T is a major tenant in a building that she owns.
Motion by Trustee Caleel, seconded by Trustee Miologos, to pass
Ordinance 2002- CB -AG -S -1017, "An Ordinance Amending Ordinance
S -607, An Ordinance Approving A Cable Telecommunications
Franchise Agreement and Authorizing the Execution Thereof." ROLL
CALL VOTE:
Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos.
Nays: 0 - None.
Absent: 1 - Trustee Savino. Motion carried.
1X -ZbULU I WN 2UU2 -AG -EXI -R -807 "A RESOLUTION
AUTHORIZING EXECUTION OF A FIRST SUPPLEMENTAL
AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND
THE DUPAGE FOREST PRESERVE DISTRICT CONCERNING
THE ESTABLISHMENT OF THE SALT CREEK GREENWAY
TRAIL AND THE PERFORMANCE OF PHASE II ENGINEERING
SERVICES"
OF OAK BROOK Minutes Page 7 of 15 May 14, 2002
RES 02-AG- EXI -R-
807 SUPP AGR -
DPG FOR PRES DIS
SLT CRK GRNWY
TRL
2) At the Village Board meeting of January 27, 1998, the Board approved
"A Revised Intergovernmental Agreement Providing for the
Establishment of the Salt Creek Greenway Trail and the Performance of
Certain Engineering Services" concerning the design and construction of
a trail along or in the general vicinity of Salt Creek from the Ned Brown
Forest Preserve in northern Cook County, south to DuPage County and
connecting with the Centennial Trail of the National Historic Chicago
Portage Site. This trail is approximately 25 miles in length and project
sponsors include the Forest Preserve District of DuPage County, the
Addison Park District, the Village of Addison, the Elmhurst Park
District, the Village of Oak Brook, the Village of Lyons, the Forest
Preserve District of Cook County, and the Village of Villa Park. The
DuPage Forest Preserve District is the lead agency.
The Phase I Engineering work is essentially complete (staff is awaiting
IDOT's final approval).
The next step is to proceed with Phase II Design Engineering. On April
16, 2002, the DuPage Forest Preserve approved the first supplemental
agreement concerning Phase II Engineering services and is asking each
agency to also approve it so that the project may continue. Each agency
has a respective share of the costs. Oak Brook's share is $31,185 out of
a total $350,775. The Village expects to receive 80% reimbursement as
part of the grant process. The 2002 Budget contains $36,000 for this
project.
Staff is requesting approval of this supplemental agreement through a
resolution in order to be consistent with each of the other agencies'
actions in the past.
Motion by Trustee Miologos, seconded by Trustee Caleel, to pass
Resolution 2002-AG-EX I -R-807, "A Resolution Authorizing Execution
of a First Supplemental Agreement Between the Village of Oak Brook
and the DuPage Forest Preserve District Concerning the Establishment
of the Salt Creek Greenway Trail and the Performance of Phase II
Engineering Services."
ROLL CALL VOTE:
Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos.
Nays: 0 - None.
Absent: 1 - Trustee Savino. Motion carried.
3) RESOLUTION 2002- TX- INCM -R -808 "A RESOLUTION OF THE RES 02- TX•MCM -R-
VILLAGE OF OAK BROOK DUPAGE AND COOK COUNTIES IL PHTOPROC TAX
CONCERNING STATE INCOME TAX AND PHOTOPROCESSING
TAX SHARED WITH MUNICIPALITIES."
VILLAGE OF OAK BROOK Minutes Page 8 of 15
May 14, 2002
vi
8.
B.
2) At the Village Board meeting of January 27, 1998, the Board approved
"A Revised Intergovernmental Agreement Providing for the
Establishment of the Salt Creek Greenway Trail and the Performance of
Certain Engineering Services" concerning the design and construction of
a trail along or in the general vicinity of Salt Creek from the Ned Brown
Forest Preserve in northern Cook County, south to DuPage County and
connecting with the Centennial Trail of the National Historic Chicago
Portage Site. This trail is approximately 25 miles in length and project
sponsors include the Forest Preserve District of DuPage County, the
Addison Park District, the Village of Addison, the Elmhurst Park
District, the Village of Oak Brook, the Village of Lyons, the Forest
Preserve District of Cook County, and the Village of Villa Park. The
DuPage Forest Preserve District is the lead agency.
The Phase I Engineering work is essentially complete (staff is awaiting
IDOT's final approval).
The next step is to proceed with Phase II Design Engineering. On April
16, 2002, the DuPage Forest Preserve approved the first supplemental
agreement concerning Phase II Engineering services and is asking each
agency to also approve it so that the project may continue. Each agency
has a respective share of the costs. Oak Brook's share is $31,185 out of
a total $350,775. The Village expects to receive 80% reimbursement as
part of the grant process. The 2002 Budget contains $36,000 for this
project.
Staff is requesting approval of this supplemental agreement through a
resolution in order to be consistent with each of the other agencies'
actions in the past.
Motion by Trustee Miologos, seconded by Trustee Caleel, to pass
Resolution 2002-AG-EX I -R-807, "A Resolution Authorizing Execution
of a First Supplemental Agreement Between the Village of Oak Brook
and the DuPage Forest Preserve District Concerning the Establishment
of the Salt Creek Greenway Trail and the Performance of Phase II
Engineering Services."
ROLL CALL VOTE:
Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos.
Nays: 0 - None.
Absent: 1 - Trustee Savino. Motion carried.
3) RESOLUTION 2002- TX- INCM -R -808 "A RESOLUTION OF THE RES 02- TX•MCM -R-
VILLAGE OF OAK BROOK DUPAGE AND COOK COUNTIES IL PHTOPROC TAX
CONCERNING STATE INCOME TAX AND PHOTOPROCESSING
TAX SHARED WITH MUNICIPALITIES."
VILLAGE OF OAK BROOK Minutes Page 8 of 15
May 14, 2002