Board of Trustees

VILLAGE OF ORLAND PARK 14700 Ravinia Avenue Orland Park, IL 60462 www.orlandpark.org Meeting Minutes Monday, November 16, 1998 7:00 PM Village Hall Board of Trustees Village President Daniel J. McLaughlin Village Clerk David P. Maher Trustees Bernard A. Murphy, Richard R. Della Croce, Thomas M. Dubelbeis, Brad S. O'Halloran, Kathleen M. Fenton, and James V. Dodge, Jr. Board of Trustees Meeting Minutes November 16, 1998 CALL TO ORDER/ROLL CALL Present: 7 - Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran and President McLaughlin The meeting was called to order at 7:04 p.m. 1998-0675 Consideration of Minutes The Minutes of the Regular Meeting of November 2, 1998, were previously distributed to the members of the Board of Trustees. President McLaughlin asked if there were any corrections or additions to be made to said Minutes. There being no corrections or additions, I move to approve the Minutes of the Regular Meeting of the Board of Trustees of November 2, 1998. A motion was made by Trustee Dubelbeis, seconded by Trustee Fenton, that this matter be APPROVED. The motion carried unanimously. 1998-0610 I move to approve suspending Title 7, Chapter 5, Section 10, Street Solicitation temporarily for resolution by February 1, 1999. Trustee Dubelbeis explained that this item was discussed at Committee and it was decided to suspend the Ordinance temporarily until clarification could be obtained from the state. Staff and the Village Attorney were directed to make known to the State of Illinois what the Village's concerns are, to identify specifically who at the State of Illinois will be responsible for addressing this issue, and then developing time frames to address this to the Village's satisfaction and that of the state. It is anticipated it will take about 30 days from the date of the last Committee meeting to draft a letter to the state and then another 30 to 60 days before the state acknowledges receipt and agrees to develop a plan of action. He expects that by February the temporary resolution will be extended. A motion was made by Trustee Dubelbeis, seconded by Trustee Della Croce, that this matter be APPROVED. The motion carried by the following vote: Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 Consent Agenda A motion was made by Trustee Dubelbeis, seconded by Trustee Dodge, to PASS THE CONSENT AGENDA to PASS THE CONSENT AGENDA, including all the following items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: 1998-0001 Payroll VILLAGE OF ORLAND PARK Page 2 of 13 Board of Trustees Meeting Minutes November 16, 1998 The lists of Payroll having been submitted to the Board of Trustees for approval and the lists having been determined by the Board of Trustees to be in order and having been approved by the various Department Heads, I move to approve the monthly payroll for November 13, 1998 in the amount of $18,691.23 and the biweekly payroll for November 13, 1998 in the amount of $478,467.08. This Matter was APPROVED on the Consent Agenda. 1998-0002 Accounts Payable The lists of Accounts Payable having been submitted to the Board of Trustees for approval and the lists having been determined by the Board of Trustees to be in order and having been approved by the various Department Heads, I move to approve Accounts Payable from November 3, 1998 to November 16, 1998 in the amount of $1,184,802.81. This Matter was APPROVED on the Consent Agenda. 1998-0173 Athletic Field Groomers I move to approve accepting the bid for the purchase of two Athletic Field Groomers from Equipment Services Company of South Holland, IL at a cost of $17,633.26; And To approve accepting the bid for the purchase of two Athletic Field Painters from Central Distributing Company of Wasco, IL at a cost of $14,300.00; And To approve authorizing the Village Manager to execute the contracts. This Matter was APPROVED on the Consent Agenda. 1998-0670 Computer Software & Hardware for Recreation Dept. I move to approve the purchase of computer software, hardware and equipment from Escom Software Services Ltd. at a cost of $20,799.00. This Matter was APPROVED on the Consent Agenda. 1998-0676 AN ORDINANCE ANNEXING PROPERTY (CEDAR CROSSING III - 13700 S. 80TH AVENUE) Trustee Dubelbeis presented Ordinance No. 3195. Said Ordinance was read in full. After a full discussion thereof, motion to pass, as presented and read, VILLAGE OF ORLAND PARK Page 3 of 13 Board of Trustees Meeting Minutes November 16, 1998 Ordinance No. 3195, entitled, This Matter was PASSED on the Consent Agenda. 1998-0677 AN ORDINANCE REZONING CERTAIN REAL ESTATE FROM E-1 ESTATE RESIDENTIAL DISTRICT TO R-2 RESIDENTIAL DISTRICT (CEDAR CROSSING III - 13700 S. 80TH AVENUE) Trustee Dubelbeis presented Ordinance No. 3196. Said Ordinance was read in full. After a full discussion thereof, motion to pass, as presented and read, Ordinance No. 3196, entitled, This Matter was PASSED on the Consent Agenda. 1998-0238 AN ORDINANCE GRANTING A VARIATION (AMERICAN SALES FENCE) Presented for passage was an ordinance covering a variance for a fence for American Sales, 16660 South LaGrange Road. Trustee Dubelbeis presented Ordinance No. 3197. Said Ordinance was read in full. After a full discussion thereof, motion to pass, as presented and read, Ordinance No. 3197, entitled, This Matter was PASSED on the Consent Agenda. 1998-0531 AN ORDINANCE GRANTING A SPECIAL USE PERMIT (CHINA BUFFET - 14902 S. LA GRANGE ROAD) Trustee Dubelbeis presented Ordinance No. 3198. Said Ordinance was read in full. After a full discussion thereof, motion to pass, as presented and read, Ordinance No. 3198, entitled, This Matter was PASSED on the Consent Agenda. 1998-0527 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE VILLAGE OF ORLAND PARK (GENERAL REVISIONS) Trustee Dubelbeis presented Ordinance No. 3199. Said Ordinance was read in full. After a full discussion thereof, motion to pass, as presented and read, Ordinance No. 3199, entitled, This Matter was PASSED on the Consent Agenda. 1998-0167 Crystal Professional Center III The petitioner for Crystal Professional Center III, southwest corner of 143rd Street and 108th Avenue, is requesting approval for record plat of subdivision. The proposal is to develop the 6.8 acre site with a 24,000 sq. ft. office building and a single-family residence. I move to acknowledge receipt of the November 10, 1998 Plan Commission findings of fact and recommendation. VILLAGE OF ORLAND PARK Page 4 of 13 Board of Trustees Meeting Minutes November 16, 1998 And To approve the Record Plat of Subdivision entitled Crystal Professional Center 3, prepared by R. H. Granath Surveying Service, P.C. and To authorize the President and Clerk of the Village of Orland Park to sign the plat. A motion was made by Trustee Dubelbeis, seconded by Trustee Murphy, that this matter be APPROVED. The motion carried by the following vote: Aye: 5- Trustee Fenton, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, and President McLaughlin Nay: 2- Trustee Murphy, and Trustee O'Halloran 1998-0674 163rd Street and LaGrange Road Traffic Signal The Illinois Department of Transportation (IDOT) recently approved the installation of a traffic signal at the intersection of 163rd Street and LaGrange Road with the condition that the signal be interconnected with the traffic signals at 159th Street and 167th Street. Staff contacted Strand Associates, Inc. to prepare a proposal for the engineering of this project. Strand has contacted IDOT and discussed the project to determine their requirements and has submitted at proposal for design work in an amount not to exceed $29,800. This does not include construction supervision which at this time is estimated at $6,600. Total cost of design and construction engineering will be approximately 15% of construction costs which they have estimated to be $235,000. Strand will be working with staff and IDOT to expedite the project for Spring 1999 construction. I move to approve the contract with Strand Associates for design engineering for the 163rd Street & LaGrange Road intersection at a cost not to exceed $29,800. and To authorize the President and Clerk of the Village of Orland Park to sign the contract. A motion was made by Trustee Dubelbeis, seconded by Trustee Murphy, that this matter be APPROVED. The motion carried by the following vote: VILLAGE OF ORLAND PARK Page 5 of 13 Board of Trustees Meeting Minutes November 16, 1998 Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 1998-0563 I move to acknowledge receipt of the November 10, 1998 Plan Commission findings of fact and recommendation. and To approve the Final Plan titled, "St. Francis of Assisi Church, 151st Street and Wolf Road, Orland Park, Illinois, Parking Lot Expansion and Site Plan," prepared by Prisco, Serena and Sturm Architects, Project No. PR9317, dated October 19, 1998, last revised October 30, 1998, Sheet No. 1 of 2. and To approve the Landscape Plan titled, "St. Francis of Assisi Church, 151st Street and Wolf Road, Orland Park, Illinois, Tree Survey Landscape Plan," prepared by Prisco, Serena and Sturm Architects, Job No. 165-024, dated September 11, 1998, last revised October 30, 1998, Sheet No. L1 of 1. and To approve a Special Use Permit Amendment for the addition of 17 parking spaces, and an increase in the impervious surface area from 39% to 40%, and to permit a 20% modification in the required between the detention pond shoreline and the paved area (a minimum of 25 feet is required, a minimum of 20 feet is shown). Approval is requested for final plan, landscape plan, and Special Use amendment for St. Francis of Assisi, 15050 Wolf Road, to cover construction of 17 additional parking spaces. A motion was made by Trustee Dubelbeis, seconded by Trustee Fenton, that this matter be APPROVED. The motion carried by the following vote: Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 1998-0633 I move to acknowledge receipt of the November 10, 1998 Plan Commission findings of fact and recommendation. VILLAGE OF ORLAND PARK Page 6 of 13 Board of Trustees Meeting Minutes November 16, 1998 and To approve the final plan titled "Alterations and Additions to an existing J.C. Penny Store" prepared by Errol Jay Kirsch Architects dated 10-30-98. and To approve the landscape plan titled "Alterations and Additions to an existing J.C. Penny Store" prepared by Errol Jay Kirsch Architects dated 10-30-98 conditioned upon the following; 1. The inclusion of one canopy and at least three shrubs per new landscape island. and To approve the elevation plan titled "Exterior Elevation to an existing J.C. Penny Store" prepared by Errol Jay Kirsch Architects dated 10-20-98. and To approve the amendment to the Special Use Permit to allow for a 23,000 square-foot addition to the Orland Square Mall located at 3 Orland Square Drive. J.C. Penney Company, 3 Orland Square Drive, is requesting final plan, landscape plan, elevation plan, and Special Use amendment for a 23,000 sq. ft. expansion of the existing store. This matter was APPROVED 1998-0620 AN ORDINANCE AUTHORIZING ANNEXATION AGREEMENT (STEPHENS - 15234 S. 108TH AVENUE) Trustee Dubelbeis presented Ordinance No. 3200. Said Ordinance was read in full. After a full discussion thereof, motion to pass, as presented and read, Ordinance No. 3200, entitled, A motion was made by Trustee Dubelbeis, seconded by Trustee Murphy, that this matter be PASSED. The motion carried by the following vote: Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 VILLAGE OF ORLAND PARK Page 7 of 13 Board of Trustees Meeting Minutes November 16, 1998 1998-0679 AN ORDINANCE ANNEXING PROPERTY (15234 S. 108TH AVENUE - STEPHENS) Trustee Dubelbeis presented Ordinance No. 3201. Said Ordinance was read in full. After a full discussion thereof, motion to pass, as presented and read, Ordinance No. 3201, entitled, A motion was made by Trustee Dubelbeis, seconded by Trustee Fenton, that this matter be PASSED. The motion carried by the following vote: Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 1998-0672 Midlothian Creek - North Tributary Village Manager Boehm explained that the creek cleaning is part of the Pond "G" Detention Basin Project for Fernway Subdivision. Orland Park is responsible for the cost of the operation, maintenance, repair, and rehabilitation of the creek located in the Village limits. I move to approve accepting the proposal from Thornton Equipment Services, Inc. of Thornton, Illinois, for the cleaning of the north tributary of Midlothian Creek for an amount not to exceed $7,500. A motion was made by Trustee Della Croce, seconded by Trustee Dubelbeis, that this matter be APPROVED. The motion carried by the following vote: Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 1998-0362 Centennial Park Pool Expansion Director of Recreation and Parks Gary Major reported that bids were opened on October 28, 1998, for this project. Seven bids were received. The low bidder was asked to furnish a list of subcontractors by November 2; however, the list was not provided. There was some concern about previous projects done by the low bidder which were inconsistent in quality, and the list was needed to verify who would be working on the pool expansion. The list was eventually received but too late to move this project in a timely manner. Because of the lack of response about the subcontractors and the information received referencing other projects, staff recommended the initial low bidder be disqualified and the contract awarded to the next low bidder, Williams Development. Williams submitted a bid of $3,647,206.00 which included alternates 3, 4, and 5. The bid is $347,206.00 over budget and the Recreation Department has committed $200,000 from its operating budget. The contractor VILLAGE OF ORLAND PARK Page 8 of 13 Board of Trustees Meeting Minutes November 16, 1998 has also extended a commitment to lower the cost. Trustee Dubelbeis asked that staff try to arrange to defer some of the payments for this project into the next fiscal year. Thomas Pokorny, 208 Stonemill Lane, Oswego, IL, who submitted the low bid was present and wanted to know why he did not get the bid since his was the lowest. President McLaughlin explained that whenever the Village bids projects, especially something this big, staff checks several of the lowest bidder's references and past performance on other projects. The Board relies on staff's recommendation after they have thoroughly investigated the bidders. I move to approve rejecting the low bid as not being a responsible bidder; and To approve accepting the bid from Williams Development for $3,647,206; and To approve authorizing the Village Manager to execute the contract; and To approve that the Recreation Department come up with $200,000 from the Recreation budget to supplement the overage. A motion was made by Trustee O'Halloran, seconded by Trustee Fenton, that this matter be APPROVED. The motion carried by the following vote: Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 1998-0530 Beverage Contract In order to offer beverages in the Village buildings, including all consessions and future buildings, staff contacted three bottling companies who submitted proposals. After reviewing the proposed five-year contracts, staff recommends American Bottlers. Trustee O'Halloran explained that the Committee also recommends American Bottlers because of their offering of varied non-carbonated drinks which are a strong component for recreation facilities and that they offered a firm dollar proposal with the highest commission structure. Trustee Fenton wanted to know why the contract must be for 5 years. Mr. Major VILLAGE OF ORLAND PARK Page 9 of 13 Board of Trustees Meeting Minutes November 16, 1998 responded that this is the typical arrangement and is best for the Village and the vendor. Trustee Fenton asked if the contract could be cancelled. Mr. Major said there is a cancellation offer. If the arrangement is not a mutual win/win situation and the Village is not happy with the service or product, the Village can get out of it. Trustee Fenton also asked why the contract must be exclusive. Mr. Major explained that this way they are making a commitment to the Village and there is a definite advantage to an exclusive contract to the bottler. They would not be interested in the same financial commitments without an exclusive contract. I move to approve accepting the 5 year beverage contract with American Bottlers; and Authorize the Village Manager to execute the contract. A motion was made by Trustee O'Halloran, seconded by Trustee Murphy, that this matter be APPROVED. The motion carried by the following vote: Aye: 6- Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 1- Trustee Fenton 1998-0678 RESOLUTION OF THE VILLAGE OF ORLAND PARK, ILLINOIS, APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE TCI Communications, Inc. has requested that the cable franchise be transferred from Jones Intercable to them. The federal government gives municipalities very little time and very limited authority to make a decision on the transfer. Dr. Barry Orton, University of Wisconsin, was present. Dr. Orton has been working on this issue with a number of surrounding communities. He reported that Jones made a decision to put all their systems on the market. TCI bought those systems. Jones was then sold to another company. Last June AT&T became involved in the acquisition of TCI and will utimately become the parent company of the franchise. As a first step, the Village is being asked to approve the transfer to TCI. The AT&T transfer will come at a later date. President McLaughlin asked if the Village has any options. Dr. Orton said the Village has very few grounds not to approve and they must be fairly solid. These are that the Village finds that the buying company does not have the necessary technical, legal, or financial qualifications to operate the system or that they refuse to take on the existing obligations of the franchise. TCI does qualify and is willing to take on the obligations of the franchise. VILLAGE OF ORLAND PARK Page 10 of 13 Board of Trustees Meeting Minutes November 16, 1998 Dr. Orton noted the study did turn up some equipment problems and suggested inspections. Also their customer service is lacking which could be corrected by the Village adopting customer service standards; however, the Village would have to enforce them. As far as programming is concerned, this is outside of the Village's authority. In response, Mr. Leach stated they had focused on centralized customer service and it was a dismal failure. They have opened a new center locally and are in the process of staffing it. Their number one priority is customer service and it is their intention to exceed standards. They plan on retaining the customer service people at Jones and building on their fine service in order to handle local service locally. Trustee Fenton is uncomfortable about the size of TCI and fears they may be unresponsive to the residents concerns and complaints especially since customer service is their weak point. She also expressed concern about a rate increase when they take over. Mr. Leach stated they don't anticipate any increase but if there is one it would be modest and based on additional programming or services. It is not their intention to come in and immediaely raise rates. At present, their basic cable rate is $10.00 for 25 to 30 channels. Trustee O'Halloran expressed strong displeasure at the fact that the Village has very few options and that TCI did not supply requested information on ownership. In response to President McLaughlin inquiry about the agreement, Dr. Orton explained that when TCI takes over they will also abide by the agreement the Village has with Jones. The agreement can be changed or renegotiated as long as both sides agree. One side cannot unilaterally make changes. Trustee Della Croce presented Resolution No. 9830. Said Resolution was read in full. After a full discussion thereof, motion to pass, as presented and read, Resolution No. 9830, entitled, A motion was made by Trustee Della Croce, seconded by Trustee Dubelbeis, that this matter be PASSED. The motion carried by the following vote: Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 Board Comments TRUSTEE O'HALLORAN - Asked for a poll of the Board members on instructing the Recreation staff to move forward on the new recreation center with the Doctor School as the site and to research the possibility of using the school building as for pre-school programs. VILLAGE OF ORLAND PARK Page 11 of 13 Board of Trustees Meeting Minutes November 16, 1998 Trustee Fenton - Yes. Trustee Murphy-Yes. Trustee Dodge-Reluctantly yes, but he feels there will be big problems with traffic since the state is not looking to do anything with Wolf Road or 159th Street. He would like to start immediately putting pressure on the state legislators immediately to commit to fixing these roads. Trustee Dubelbeis-Favors both. Complaints from residents about traffic and road improvements should be referred to the local state legislators. Trustee Della Croce-Yes. Executive Session I move to recess for an Executive Session for the purpose of a) approval of minutes; b) probable/imminent litigation ; and c) purchase or lease of real property for the use of the Village. A motion was made by Trustee Murphy, seconded by Trustee Dodge, to RECESS. The motion carried by the following vote: Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 Reconvene Meeting The roll was called to reconvene the regular meeting and Trustees Fenton, Murphy, Dodge, Della Croce, Dubelbeis, O'Halloran, and President McLaughlin were present. Purpose of the Executive Session was for the discussion of a) approval of minutes; b) probable/imminent litigation; and c) purchase of real property for the use of the Village. Adjourn - 10:40 p.m. A motion was made by Trustee Fenton, seconded by Trustee Della Croce, to ADJOURN. The motion carried by the following vote: Aye: 7- Trustee Fenton, Trustee Murphy, Trustee Dodge, Trustee Della Croce, Trustee Dubelbeis, Trustee O'Halloran, and President McLaughlin Nay: 0 /DF APPROVED: December 7, 1998 VILLAGE OF ORLAND PARK Page 12 of 13 Board of Trustees Meeting Minutes November 16, 1998 Respectfully Submitted, /s/ David P. Maher David P. Maher, Village Clerk VILLAGE OF ORLAND PARK Page 13 of 13