S-726 - 02/11/1992 - SPECIAL USE - Ordinances ORDINANCE S- 726
AN. ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT
PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS
(615 West 22nd Street)
WHEREAS, the owner of certain property described herein has petitioned
the corporate authorities of the Village of Oak Brook, DuPage and Cook
Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34
of the Code of Ordinances of the Village of Oak Brook, relating to flood plain
and wetland regulations; and
WHEREAS, a public hearing on such petition has been conducted by the
Zoning Board of Appeals of the Village on November 5, 1991, pursuant to due
and appropriate legal notice; and
WHEREAS, the Plan Commission of the Village of Oak Brook has submitted
its recommendation to the President and Board of Trustees; and
WHEREAS, both the Plan Commission and Zoning Board of Appeals have
recommended approval of the petition since the proposed use is consistent with
the best use of the flood plain; and
WHEREAS, the Village President and Board of Trustees have reviewed the
recommendations of the Plan Commission and Zoning Board of Appeals; and
WHEREAS, the proposed use satisfies the requirements of and is
consistent with each of the factors set forth in Section 10-34(c) of the Code
of Ordinances of the Village of Oak Brook; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the
passage of this ordinance to be in the best interest and in furtherance of the
general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the
Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby
granted to allow regrading of the Salt Creek flood plain, said property being
legally described as:
Ordinance S- 726
Granting a Flood Plain Special Use
615 West 22nd Street
Page 2
That part of the Southwest Quarter of Section 24, Township 39
North, Range 11, East of the Third Principal Meridian, DuPage
County, Illinois, being more fully described as follows:
Commencing at the Southeast corner of the Southwest Quarter of
said Section 24; thence South 890 36' 25" West along the South
line of the Southwest Quarter of said Section 24, said line also
being the center line of 22nd Street, a distance of 1185.0 feet;
thence North 010, 231 35" West a distance of 85.37 feet to a point
on the North right of way line of 22nd Street (Cermak Road) said
point also being on the Westerly line of a dedicated road,
recorded March 21, 1962 as Document No. R62-7996; thence
continuing North O°, 23' 35" West, along the Westerly line of said
dedicated road, a distance of 50.02 feet; thence North 880 57'
39" West along a line which is 50.0 feet Northerly of as measured
parallel with and perpendicular to, the Northerly right of way
line of 22nd Street (Cermak Road) a distance of 387.52 feet for a
place of beginning; thence continuing North 88° 57' 39" West along
the previously described line a distance of 197.40 feet; thence
South 89° 36' 25" West along a line which is 50.0 feet Northerly
of as measured parallel with and perpendicular to the Northerly
right of way line of 22nd Street a distance of 46.26 feet; thence
North 010 23' 35" West a distance of 214.26 feet; thence North 520
43' 55" East a distance of 304.52 feet; thence South 00 43' 35"
East a distance of 401.92 feet to the place of beginning, in
DuPage County, IL. Permanent Parcel No. 06-24-307-010.
Section 3: That the special use permit herein granted in Section 2 of
this Ordinance is expressly subject to the following conditions:
A. That maintenance responsibility lies upon the property owner, its
successors and assigns ("property owner") ;
B. That in the event the property owner defaults in its maintenance
responsibility, the Village of Oak Brook will perform the necessary
maintenance;
C. That the property owner grant the Village the right to enter upon
the property and perform the necessary maintenance; and
D. That the cost of all maintenance work performed by the Village shall
be paid by the property owner.
E. That the property owner prepare and execute an agreement
incorporating the conditions set forth herein prior to any work
being done at the property. The Village shall record the agreement
at the property owner's expense.
Section 4: That this special use permit is granted subject to the
further condition that all applicable permits be obtained from the appropriate
regulatory agencies, and that improvements constructed on the subject property
be constructed in accordance with the Building Code and in accordance with the
requirements for flood resistent construction as set forth in Section 2102.0
of the BOCA National Building Code.
I
Ordinance S-726
Granting a Flood. Plain Special Use
615 West 22nd Street
Page 3
Section 5: That the special use permit herein granted in Section 2 of
this Ordinance be further expressly subject to the condition that all land
modifications on the subject property be completed on or before February 11,
1996 in substantial conformity with the Site Floodproofing & Restoration Plan
prepared by Lindley & Sons, Inc. as last revised January 22, 1992,
incorporated herein by reference. If the property owner fails to meet the
conditions of this section, this special use permit shall automatically
terminate and be of no further force or effect.
Section 6: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 11th day of February , 1992.
Ayes: Trustees Payovich, Shumate, Skinner and Winters
Nays: None
Absent: Trustee Krafthefer
Abstain: Trustee Bartecki
APPROVED THIS 11th day of February . 1992•
Village President
ATTEST:
illage Clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
aed.ord
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255 `
708 990-3000
March 16, 1992
1.
Mr. Thomas Schelewitz
Associated Equipment Distributors
615 West 22nd Street
Oak Brook, IL 60521
Dear Tom:
Enclosed is a copy of the recorded document - Ordinance S-726 -
pertaining to your Flood Plain Special Use.
k
Sincerely,
i-6;4_4
Thomas R. Haw
Director of Code Enforcement G
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cc: Tom Hawk
Address File
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R92 -- 0251f0de 92 FEB 13 Phi 1= 15
STATE OF ILLINOIS ) RECORDER "
)9J.PAGE COUNTY
COUNTIES OF COOK $ DU PAGE)
I , Linda K. Gonnella , do hereby certify that I
am the duly qualified and acting Village Clerk of the Village of
Oak Brook, DuPage and Cook Counties , Illinois .
I DO FURTHER CERTIFY that the annexed document is a
- true and correct copy of ORDINANCE S-726 AN ORDINANCE GRANTING A
SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF
i
THE VILLAGE OF OAK BROOK, ILLINOIS (615 West 22nd Street)
I '
I
I DO FURTHER CERTIFY that the original document, of
which the annexed copy is a true copy, is entrusted to my care for
safekeeping and I am the keeper of the same .
I DO FURTHER CERTIFY that I am the keeper of the re-
cords , Journals , entries , resolutions , ordinances , and documents
of the said Village of Oak Brook, DuPage and Cook Counties , Illinois .
IN WITNESS WHEREOF , I have hereunto set my hand and
affixed the corporate seal of the Village of Oak Brook this 12th
day of February 19 92
Vi1!aee__C'1erk !-`0A,r,he ViiYage o
Oak Brook , Dr "y$ Coo Counties ,
Illinois_. At
`.f Coll,
15
/05
STATE OF ILLINOIS )
)SS.
COUNTIES OF COOK $ DU PAGE)
;i
!3 I , Linda K. Gonnella , do hereby certify that I
am the duly qualified and acting Village Clerk of the Village of
:3
Oak Brook, DuPage and Cook Counties , Illinois .
i
I DO FURTHER CERTIFY that the annexed document is a
- true and correct copy of ORDINANCE S-726 AN ORDINANCE GRANTING A
SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS (615 West 22nd Street)
c.
I DO FURTHER CERTIFY that the original document , of
which the annexed copy is a true copy, is entrusted to my care for
safekeeping and I am the keeper of the same .
I DO FURTHER CERTIFY that I am the keeper of the re-
cords , Journals , entries , resolutions , ordinances , and documents
of the said Village of Oak Brook, DuPage and Cook Counties , Illinois .
IN WITNESS WHEREOF, I have hereunto set my hand and
a, affixed the corporate seal of the Village of Oak Brook this 12th
day of February , 19 92
Viliagle Clerk of the Village o
Oak Brook, DuPage & Cook Counties ,
Illinois .
i
I
:i
ORDINANCE S- 726
-6
AN. ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT
PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS
r`
(615 West 22nd Street)
"i WHEREAS, the owner of certain property described herein has petitioned
the corporate authorities of the Village of Oak Brook, DuPage and Cook
Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34
of the Code of Ordinances of the Village of Oak Brook, relating to flood plain
and wetland regulations; and
WHEREAS, a public hearing on such petition has been conducted by the
Zoning Board of Appeals of the Village on November 5, 1991, pursuant to due
and appropriate legal notice; and
WHEREAS, the Plan Commission of the Village of Oak Brook has submitted
its recommendation to the President and Board of Trustees; and
WHEREAS, both the Plan Commission and Zoning Board of Appeals have
recommended approval of the petition since the proposed use is consistent with
j the best use of the flood plain; and
WHEREAS, the Village President and Board of Trustees have reviewed the
recommendations of the Plan Commission and Zoning Board of Appeals; and
WHEREAS, the proposed use satisfies the requirements of and is
consistent with each of the factors set forth in Section 10-34(c) of the Code
of Ordinances of the Village of Oak Brook; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the
passage of this ordinance to be in the best interest and in furtherance of the
general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the
Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby
granted to allow regrading of the Salt Creek flood plain, said property being
legally described as:
�d�
• • Ordinance S-
Granting a F1 Plain Special Use
615 West 22nd Street
Page 2
That part of the Southwest Quarter of Section 24, Township 39
North, Range 11, East of the Third Principal Meridian, DuPage
County, Illinois, being more fully described as follows:
Commencing at the Southeast corner of the Southwest Quarter of
said Section 24; thence South 890 36' 25" West along the South
line of the Southwest Quarter of said Section 24, said line also
being the center line of 22nd Street, a distance of 1185.0 feet;
thence North 00, 23' 35" West a distance of 85.37 feet to a point
on the North right of way line of 22nd Street (Cermak Road) said
point also being on the Westerly line of a dedicated road,
recorded March 21, 1962 as Document No. R62-7996; thence
continuing North 0°, 23' 35" West, along the Westerly line of said
dedicated road, a distance of 50.02 feet; thence North 880 57'
39" West along a line which is 50.0 feet Northerly of as measured
parallel with and perpendicular to, the Northerly right of way
line of 22nd Street (Cermak Road) a distance of 387.52 feet for a
place of beginning; thence continuing North 88° 57' 39" West along
the previously described line a distance of 197.40 feet; thence
South 89° 36' 25" West along a line which is 510.0 feet Northerly
of as measured parallel with and perpendicular to the Northerly
right of way line of 22nd Street a distance of 46.26 feet; thence
North 00 23' 35" West a distance of 214.26 feet; thence North 520
43' 55" East a distance of 304.52 feet; thence South 00 43' 35"
East a distance of 401.92 feet to the place of beginning, in
DuPage County, IL. Permanent Parcel No. 06-24-307-010.
Section 3: That the special use permit herein granted in Section 2 of
this Ordinance is expressly subject to the following conditions:
A. That maintenance responsibility lies upon the property owner, its
successors and assigns ("property owner") ;
B. That in the event the property owner defaults in its maintenance
responsibility, the Village of Oak Brook will perform the necessary
maintenance;
C. That the property owner grant the Village the right to enter upon
the property and perform the necessary maintenance; and
D. That the cost of all maintenance work performed by the Village shall
be paid by the property owner.
E. That the property owner prepare and execute an agreement
incorporating the conditions set forth herein prior to any work
being done at the property. The Village shall record the agreement
at the property owner's expense.
Section 4: That this special use permit is granted subject to the
further condition that all applicable permits be obtained from the appropriate
regulatory agencies, and that improvements constructed on the subject property
be constructed in accordance with the Building Code and in accordance with the
requirements for flood resistent construction as set forth in Section 2102.0
of the BOCA National Building Code.
9q
ordinance S46
Granting a Flood Plain Special Use
615 West 22nd Street
ggN Page 3
' i
Section 5: That the special use permit herein granted in Section 2 of
this ordinance be further expressly subject to the condition that all land
modifications on the subject property be completed on or before February 11,
1996 in substantial conformity with the Site Floodproofing & Restoration Plan
prepared by Lindley & Sons, Inc. as last revised January 22, 1992,
incorporated herein by reference. If the property owner fails to meet the
conditions of this section, this special use permit shall automatically
terminate and be of no further force or effect.
Section 6: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
jPASSED THIS 11th day of February , 1992.
J
Ayes: Trustees Payovich, Shumate, Skinner and Winters
Nays: None
Absent: Trustee Krafthefer
Abstain: Trustee Bartecki
APPROVED THIS 11th day of February , 1992.
j
Village President
'! ATTEST:
7L-4
�"rVillage Clerk
Approved as to Form:
i
I
Village Attorney
Published
Date Paper
Not Published XX
aed.ord
PREPARED BY: RETURN TO:
Richard A. Martens, Village Attorney Tom Hawk, Director of Code Enforcement
Village of Oak Brook Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60521 Oak Brook, Illinois 60521
9�
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ECOUN�y
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
January 15 , 1992 708 990-3000
1 Mr . William T. Boyd, Civil Engineer
Illinois Department of Transportation
Division of Water Resources
201 West Center Court
Schaumburg, Illinois 60196
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RE: Flood Plain Special Use - AED
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Dear Bill :
In a telephone conversation we had on December 3 , 1991 , 1 asked you
specifically what Item No. 4 in your November 1 , 1991 letter meant . You
replied that you did not have it formally defined, but it would include
such things as making sure the berm remains structurally sound, make sure
f that the floodway would not be overgrown with vegetation , removal of
garbage and debris , etc . Since it appears that this item is of some
concern to the Village of Oak Brook since we are being asked to do
something, I would appreciate your formal response and explanation to what
'i that point means .
As you know, as of this date, I do not feel that it is appropriate for the
Village of Oak Brook to agree to do anything on private property which it
approves subject to an application from a private property owner . Your
requirement No . 708 . 80(a) (4 ) of your department ' s rules for floodway
construction states that the unit of local government must assume
responsibility to operate and maintain any modifications or improvements
made to relocate the floodway. It appears to me that requiring a local
government to do this , based upon a private property application, is
inappropriate.
I
Would you be so kind as to formally respond to my question of how you
interpret the definition of this rule and exactly what the Village of Oak '
Brook is expected to do.
97
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Mr . William Boyd
January 15 , 1992
Page 2
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Our Village Board is scheduled to hear this petition at its meeting of
{ January 28 , 1992 . Your quick response to my request would be very much
appreciated.
i Sinc ly,
Dale L. Durfey, Jr . , P.E. ,
Village Engineer
DLD/etg
cc : Toni Hawk, Director of Code Enforcement
Bill Lindley, Lindley & Sons , Inc.
BOYD1-15
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LIN&Y SONS, INC.
9200 South Kingery Road
Hinsdale, Illinois 60521-6848
(708) 325-8190
Fax: (708) 325-8643
Illinois Department of Transportation U. S. Corps of Engineers
Division of Water Resources Chicago District
201 West Center Court 111 North Canal Street
Schaumburg, IL 60196-1096 Chicago, IL 60604-1797
Illinois Environmental Protection Agency Illinois Department of Conservation
2200 Churchill Road 524 South Second Street, Room 310
Springfield, IL 62794-9276 Springfield, IL 62701-1787
January 8, 1992
Re: Associated Equipment Distributors
Oak Brook, Illinois
i
Gentlemen:
Attached, you will find a revised submittal document dated January 7, 1992, for the proposed
construction in the floodway of Salt Creek to partially protect property now occupied by
'! Associated Equipment Distributors (AED). Since substantial alterations were required to
jl accommodate the needs of the Village of Oakbrook's advisory commissions, a completely revised
y submittal is being provided. This will allow you to destroy the previous application that was dated
August 20, 1991, since all data contained therein is no longer applicable.
These substantive changes now provide a reduced degree of protection that limits the
encroachment of floodwater from Salt Creek to an elevation of 655.3, which is lower than the
ppro ected 10-year floodstage. A temporary berm section provided by sandbags will be utilized to
;I build up the level of the Hunter Drive pavement on an as needed basis.
As of this date, a recommendation for approval, subject to the agreement of the Village of
Oakbrook Engineer and the Illinois Department of Transportation/Division of Water Resources
(IDOT/DWR), has been provided by the Village of Oakbrook Zoning Board and Plan
Commission, with review by the Village Board pending this month. Your continued attention to
this matter will be greatly appreciated.
Sincerely,
1
LINDLEY & SONS, INC.
i
enclosure
cc: Associated Equipment Distributors
-Tom Schelewitz
Village of Oak Brook
i - Dale Durfey
-Tom Hawk.
RWL/sg R. W. Lindley, P.E.
CIVIL ENGINEERING • DRAINAGE/STORM WATER MANAGEMENT SITE PLANNING/DESIGN• LANDSCAPE ARCHITECTURE
MUNICIPAL INFRASTRUCTURE ENGINEERING 0 LAND DEVELOPMENT PLAN REVIEW•FORENSIC ENGINEERING 95
GEpF OAAr
MY
FCOUN��
j VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
i
January 8 , 1992 708 990-3000
Mr . Tony Charleton
DuPage County Department of
Environmental Concerns
421 N. County Farm Road
Wheaton, Illinois 60189
RE: Flood Plain Special Use - AED
Dear Tony:
Thank you and Rob Covey for taking the time to meet with myself and the
applicant for the above stated project Tuesday, January 7 , 1992 . It is my
understanding that we concluded that some of the items within your December
2 , 1991 letter have been done, some items won ' t apply until after February
15 , 1992 , and some items remain to be accomplished. Bill Lindley stated
that he would send you directly a copy of the newly revised plans and
booklet for your further review. The Village of Oak Brook and the
applicant would very much appreciate your quick review of this material
when you receive it and your quick response. This item is being placed
before our Village Board for their consideration on January 28th. I would
need your comments by no later than noon January 21 , 1992 in order to
review them and include them within the Board packet .
I
Thank you for your help in reviewing this matter and I look forward to our
j continuing good working relationship.
Sincer,oqy,
Da a L. Durfey, Jr . , P.E. ,
V " llage Engineer
DLD/etg
j cc: Tom Hawk, Director of Code Enforcement1
Bill Lindley, Lindley & Sons , Inc .
9�
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�COUNt'�•
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
January 8 , 1992 708 990-3000
1
Dr . Eric Loucks , P.E.
Donohue & Associates , Inc.
1501 Woodfield Road
Suite 200 East
Schaumburg, Illinois 60173
RE: Flood Plain Special Use
McDonald' s Autumn Oaks Subdivision
Lot 1
Dear Eric:
Enclosed please find a copy of a letter dated January 7 , 1992 from David
Landeweer to myself along with one ( 1 ) copy of the letter ' s attachments .
Since there appears to be a conflict between your compensatory storage
volumes and their ' s , would you please review this information and let me
know your findings . Perhaps a meeting would be in order with the Bollinger
Lach people if discrepancies still exist .
Please let me know whether you feel a meeting is in order after you review
this information.
Since ly,
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Dale L. Durfey, Jr . , P.E. ,
Village Engineer
DLD/etg
Attach.
cc: Tom Hawk, Director of Code Enforcement
David Landeweer , Bollinger Lach & Associates
99
Insured, or, if a corporation, its successors by dissolution, merger or con-
solidation, against loss or damage not exceeding the amount stated in
Schedule A, together with costs, attorneys' fees and expenses which the
Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of:
Any defect in or lien or encumbrance on the title to the estate or
i interest covered hereby in the land described or referred to in
Schedule A, existing at the date hereof, not shown or referred
to in Schedule B or excluded from coverage in Schedule B or in
the Conditions and Stipulations;
all subject, however, to the Conditions and Stipulations hereto annexed,
which Conditions and Stipulations together with Schedules A and B, are
hereby made a part of this policy; all as of the date of this policy.
In Witness Whereof, CHICAGO TITLE AND TRUST
COMPANY has caused this policy to be signed and
sealed as of the date of policy shown in Schedule A,
the policy to become valid when countersigned by an
authorized signatory.
President.
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ATTEST:
Secretary.
�; pRPORgTf -0
1 U .0 33AL
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..........s...
Countersigne
Authorized Signatory '
IMPORTANT
This policy necessarily relates solely to the title as of the date of the policy. In order that a
purchaser of the real estate described herein may be insured against defects, liens or encum-
brances, this policy should be reissued in the name of such purchaser.
a�,
1. The estate or interest in the land described or referred to in this schedule covered by this policy is:
FEE SIMPLE TITLE
2. Title to the estate or interest covered by this policy at the date hereof is vested in the Insured.
3. The land referred to in this policy is described as follows:
That part of the Southwest Quarter of Section 24 Township 39 North, Range 11,
East of the Third Principal Meridian, DuPage County Illinois, being more fully
described as follows : Commencing at the Southeast Corner of the Southwest
Quarter of said Section 24; thence South 89 degrees 36 minutes 25 seconds,
West along the South line of the Southwest Quarter of 8aid ' Section 24, said
line also being the center line of 22nd Street a distance of 1185.0 feet; thence
North 0 degrees 23, minutes 35 seconds West a distance of 85.37 feet to a
point on the North right of way line of 22nd Street (Cermak road) said point
also being on the Westerly line of a dedicated road, recorded March 21, 1962
as document Number R62-7996; thence continuing North 0 degrees 23 minutes 35
seconds West, along the Westerly line of said dedicated road, a distance of
50. 02 feet; thence North 88 dgrees 57_minutes 39 seconds West along a line
which is 50.0 feet Northerly of as measured parallel with and perpendicular to, .
the Northerly right of way line of 22nd Street (Cermak Road) a distance of
387.52 feet for a place of beginning; thence continuing North 88 degrees 57
minutes 39 seconds West along the previously described line a distance of
197.40 feet; thEnce South 89 degrees 36 minutes 25 seconds West along a line
which is 90.0 feet Northerly of as measured parallel with and perpendicular
to the Northerly right of way line of 22nd street a distance of 46. 26 feet;
thence North 0 degrees 23 minutes 35 seconds West a distance of 214. 26 feet;
thence North 52 degrees 43 minutes 55 seconds East a distance of 304.52 feet;
. thence South 0 degrees 23 minutes 35 seconds East a distance of 401. 92 feet to
the place of beginning, in DuPage SCHEDULE B County Illinois
This policy does not insure against loss or damage by reason of the following: (NOTE: There are no items
numbered 1, 2 and 3 under the Special Exceptions of Schedule B.)
Special Exceptions:
4. This policy should not be construed as insuring access to the premises
in question by means of the easement recorded as document R62-32394 lying
South and adjoining premises,in question.
5. Grant dated September 5, 1962 and recorded September 13, 1962 as
document R62-32393 from M-1 Incorporated a corporation of Illinois to
Associated Equipment Distributors a not-for-profit corporation of
Illinois of a perpetual but non-exclusive right and easement, appurtenant
to have surface waters flow or pass from premises in question onto, over,
and across premises West and adjoining premises in question to the waters
of Salt Creek.
(FOR FURTHER PARTICULARS, SEE RECORD)
6. Easement for underground public utilities twenty feet in Width, the center
line of which easement is the Westerly and North Westerly lines of the
premises in question as contained in Warranty Deed from M-1 Inc. to associated
Equipment Distributors recorded September 13, 1962 as document R62-32392.
(Affects the Westerly 10 feet and the North Westerly 10 feet) 9�
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General Exceptions:
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Matters Not 1. The following matters which are not of record as of the date of this policy are not insured against: (a) rights or claims of
of Record. parties in possession not shown of record; (b) encroachments, overlaps, boundary line disputes, and any matters which
would be disclosed by an accurate survey and inspection of the premises; (c) easements and claims of easement not shown
of record; (d) mechanics' or materialmen's liens or other statutory liens for labor or material not shown of record; (e) taxes or special
assessments which are not shown as existing liens by the public records.
Marital 2. Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured.
Rights.
Conditions and Stipulations. See reverse side hereof.
ATA Owners— Form A.
_ _ �It(IIL`J or Y 7 u„uc• , .., a.. .a �,.c rue• .,r y..0
abutting owners for access to one of sue streets or hig�iways, un- Ity of any mortgage or dee of trust shown or referred to )n
less otherwise excepted or excluded her (e) defects. (lens. en- Schedule B hereof or any mortgage or deed of or
hereafter exe-
cumbrances, adverse claims against the title as Insured or other cuted by the Insured which Is a charge or lien on the land described
matters (1) created, suffered, assumed or agreed to by the Insured' or referred to.in Schedule A.
or (2) known to the Insured either at the date of this policy or at
the date such Insured acquired an estate or interest insured by this Coinsurance 8. (a) In the event that a partial loss occurs after an
policy and not shown by the public records, unless disclosure there- and alteration or Improvement subsequent to the date of
of in writing by the Insured shall have been made to the Company Apportionment this policy, and only in that event, the Insured be-
prior to the date of this policy; or (3) resulting in no loss to the comes a coinsurer to the extent hereinafter set forth.
Insured; or (4) attaching or created subsequent to the date hereof; If the cost of the alteration or Improvement exceeds twenty per
(fl loss or damage which would not have been sustained If the In- centum of the amount of this policy, such proportion only of any
sured were a purchaser for value without knowledge. partial loss established shall a borne by the Company as one
E=d twenty per centum of the amount of this policy bears to
Defense and 3. la) The Company. at its own cost and without un- the sum of the amount of this policy and the amount expended for
Prosecution of due delay.shall provide for the defense of the Insured the alteration or improvement. The foregoing provisions shall not
Actions-Notice in all litigation consisting of actions or proceedings apply to costs and attorneys' fees incurred by the Company In
of Claim to be commenced against the Insured, which litigation 1srosecuting or providing for the defense of actions or proceedings In
Given by the founded upon n defect., lien or encumbrance insured behalf of the Insured pursuant to the terms of this policy or to costs
Insured against by ibis policy. and may pursue such Iltiganon imposed on the Insured in such actions or proceedings,and shall not
to final determination in the court of last resort. (b) apply to losses which do not exceed, in the aggregate, an amount
In case any such action or proceeding shall be begun, or defense in- equal to one per centum of the face amount of this policy.Provided,
terposed,or in case knowledge shall come to the Insured of any claim however, that the foregoing coinsurance provisions shall not apply
of title or interest which is adverse to the title as insured, or which to any loss if, at the time of the occurrence of such loss, the then
might cause loss or damage for which the Company shall or may be value of the premises, as so improved, does not exceed the amount
liable by virtue of this policy, lite Insured shall notify the Company of this policy.
thereof in writing. If such notice shall not be given to the Company (b) If the land described or referred to in Schedule A Is divisible
within ten days of the receipt of process or pleadings or if the In- Into separate and noncontiguous parcels, or If contiguous and such
sured shall not, in writing, promptly notify the Company of any parcels are not used as one single site, andd-a loss Is established
defect, lien or encumbrance insured against which shall come to affecting one or more of said parcels but not all, the loss shall be
the knowledge of the Insured, then all liability of the Company In computed and settled on a pro rata basis as if the face amount of
regard to the subject matter of such action, proceeding or matter this policy was divided pro rate as to the value on the date of this
shall cease and terminate; provided, however, that failure to notify policy of each separate independent parcel to the whole, exclusive
shall In no case prejudice the claim of any Insured unless the Com- of any Improvements made subsequent to the date of this policyy
pany shall be actually prejudiced by such failure and then only to unless a liability or value has otherwise been agreed upon as to
the extent of such prejudice. (c) The Company shall have the right each such parcel by the Company and the Insured at the time of
at Its own cost to institute and prosecute any action or proceeding the Issuance of this policy and shown by an express statement herein
or do any other act which In its opinion may be necessary or de- or by an endorsement attached hereto.
sirable to establish the title as insured; and the Company may take
any approprlate action under the terms of this policy whether or Subro ation u on 9. Whenever the Com
not It shall be liable thereunder and shall not thereby concede 9 P Company shall have settled a
liability or waive any provision of this policy. (d) In all cases where Payment or claim under this policy, all right of subrogation
this policy permits or requires the Company to prosecute or pro- Settlement shall vest in the Company unaffected by any act of
vide for the defense of any action or proceeding, the Insured shall the Insured, and It shall be subrogated to and be
secure to It the right to so prosecute or provide defense In such entitled to all rights and remedies which the Insured would have
action or proceeding, and all a tpeals therein, and permit It to use, had against any person or property In respect to such claim had this
at Its option, the name of the 4nsured for such purpose. Whenever policy not been issued. II the payymeat does not cover the loss of
requested by the Company the Insured shall give the Company all the Insured, the Company shall be subrogated to such rights and
assistance in any such action or proceeding, in effecting settlement, remedies in the proportion which said payment bears to the amount
securing evidence, obtaining witnesses, or prosecuting or defending of said loss. If loss should result from any act of the Insured, such
such action or proceeding, and the Company shall reimburse the act shall not void this policy, but the Company, in that event, shall
Insured for any expense so incurred. be required to pay only that part of any losses Insured against
hereunder which shall exceed the amount, if any, lost to the Com-
Notice of toss- 4. In addition to the notices required under para- pany by reason of the impairment of the right of subrogation. The
Limitation graph 3(b), a statement In writing of any loss or IInured if requested by the Company,shall transfer to the Company
of Action damage for which it is claimed the Company is liable all hts and remedies against any person or property necessary in
under this policy shall be furnished to the Company orderrigto perfect such right of subrogation, and shall permit the
within sixty days after such loss or damage shall have been deter- Company to use the name of the Insured In any transaction or litl-
mined and no right of action shall accrue to the Insured under this gation involving such rights or remedies.
Fgpolicy until thirty days after such statement shall have been furn-
ed, and no recovery shall be had by the Insured under this policy Policy Entire 10.Any action or actions or rights of action that the In-
unless action shall be commenced thereon within five years after Contract sured may have or may.bring against the Company arcs-
expiration of said thirty day period. Failure to furnish such state- Ing out of the status of the title Insured herein must be
ment of loss or damage, or to commence such action within the time based on the provisions of this policy. No provision or condition of
hereinbefore specified, shall be a conclusive bar against maintenance this policy can be waived or changed except by writing endorsed
by the Insured of any action under this policy. hereon or attached hereto signed by the President, a Vice President,
the Secretary, an Assistant Secretary or other validating officer of
Option to Pay, 5. The Company shall have the option to pay or settle the Company.
Settle or or compromise for or in the name of the Insured any
Compromise claim Insured against or to pay the full amount of Notices, 11. All notices required to be given the Comppany and
Claims this policy and such payment or tender of payment, Where Sent any statement In writing required to be f=hed the
together with all costs, attorneys' fees and expenses Company shall be addressed to It at Its main office.
Form 863 12-61
O
y V ti O Fr
O
UoJ O Cn a w U
U i •
I � ;
C
aOar'g:y Yks�ue4
Ntr
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 - 2255
;"ti 99 - 10
February 19 , 1992
Mr. Tom Schelewitz
ASSOCIATED EQUIPMENT DISTRIBUTORS
615 West 22nd Street
Oak Brook, IL 60521
Dear Mr. Schelewitz :
The ordinance granting the Flood Plain Special Use for your
property was approved by the Board of Trustees on February 11,
1992 .
The Ordinance number is 5-726.
The ordinance was filed with the Recorder of Deeds on January 13,
1992 .
The Document number is R92-025400.
You will be billed the $15. 00 filing fee and we will send you a
copy of the recorded document when we receive it back from the
Recorder of Deeds.
Please call if you have any questions.
Sincerely,
Thomas R. wk
Director of Code Enforcement
cc: all files
AEDI AET
GE OF 04Ir e
FCOUNS�•
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 - 2255
99 . 3000
February 18 , 1992
MEMO TO: Stephen Berley
Dick Martens
Robert Nielsen
Mike Miranda
Linda Gonnella
Bruce Kapff
Dale Durfey
FROM: Thomas Hawk�o
SUBJECT: Recording of Documents
The following documents were filed with the Rocorder of Deeds of
February 13 , 1992 :
1) Oak Brook Park District - Flood Plain Special Use - 1425
Kensington - Ordinance #S-725 - Document #R92-025401.
V--"*'�2) Associated Equipment Distributors - Flood Plain Special Use -
615 22nd Street - Ordinance #5-726 - Document 4R92-025400.
3) McDonald ' s / Oak Brook Park District - Flood Plain Special
Use - 1315 Kensington Road - Ordinance #S-727 - Document #R92-
025402 .
RCDGI.MEM
9. UNFINISHED BUSINESS:
A. RECOMMENDATION - RYS -- REAR YARD FENCE HEIGHT VARIATION (2421 35th 2421 35th ST.
Street) : REAR YARD
FENCE HEIGHT
Applicant requested to table the application for a fence variation to the VARIATION
February 25, 1992 Regular Meeting of the Board of Trustees.
Trustee Skinner moved to table the requested fence variation application
to the Regular Meeting of February 25, 1992. Seconded by Trustee
Payovich. VOICE VOTE: Motion carried.
B. RECOMMENDATION - OAK BROOK PARK DISTRICT COMMUNITY CENTMR (1425 Kensincton1425 KENSI\G"
Road Site) - FLOOD PLAIN SPECIAL USE: O.B.PK.DIST.
FPSU
The Oak Brook Park District requests a Flood Plain Special Use; withdrawal
of the proposed Text Amendment and Special Use regarding the proposed
Community Center.
Trustee Skinner moved to direct the Village Attorney to draft an ordinance
relative to the requested Flood Plain Special Use subject to the removal
of the Community Center from the Site Plan and final engineering approval
by Village Engineer Durfey. Seconded by Trustee Payovich. Roll Call
Vote:
Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and
Winters.
Nays: 0-None.
Absent: 0-None. Motion carried.
C. RECOMMENDATION - ASSOCIATED EQUIPMENT DISTRIBUTORS (AED) FIa0OD PLAIN 615 22nd ST.
SPECIAL USE (615 22nd Street): FPSU
Both the Plan Commission and the Zoning Board of Appeals have recommended
approval of this requested Flood Plain Special Use subject to the
following conditions:
1) final engineering approval;
2) permits from all other required regulatory agencies such as IDOT-DWR
and the Corps of Engineers; and
3) resolution of the maintenance requirement issue raised by IDOT-DWR.
Trustee Skinner moved to direct the Village Attorney to draft an ordinance
relative to the requested Flood Plain Special Use subject to the following
maintenance requirements:
1) maintenance will be the responsibility of the property owner;
2) in the event the property owner defaults in its maintenance
responsibility, the Village of Oak Brock will perform the necessary
maintenance;
3) language granting the Village the right to enter upon the property and
perform the necessary maintenance; and
4) the cost of all maintenance work performed by the Village shall be
paid by the property owner.
Seconded by Trustee Payovich. Trustee Bartecki stated that because he was
a member of AED, he would abstain from voting. Roll Call Vote:
VILLAGE OF OAK BROOK Minutes -4- January 28, 1992
eSV
•
STATE OF ILLINOIS )
)SS.
COUNTIES OF COOK & DU PAGE)
I , Linda K. Gonnella do hereby certify that I
am the duly qualified and acting Village Clerk of the Village of
Oak Brook , DuPage and Cook Counties , Illinois .
I DO FURTHER CERTIFY that the annexed document is a
• true and correct copy of ORDINANCE S-726 AN ORDINANCE GRANTING A
SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS (615 West 22nd Street)
I DO FURTHER CERTIFY that the original document , of
which the annexed copy is a true copy, is entrusted to my care for
safekeeping and I am the keeper of the same .
I DO FURTHER CERTIFY that I am the keeper of the re-
cords , Journals , entries , resolutions , ordinances , and documents
of the said Village of Oak Brook, DuPage and Cook Counties , Illinois .
IN WITNESS WHEREOF , I have hereunto set my hand and
affixed the corporate seal of the Village of Oak Brook this 12th
day of February , 19 92
Iiia e Clerk of the Village o
Oak Brook, DuPage F, Cook Counties ,
Illinois .
Yj
ORDINANCE S- 726
AN. ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT
PURSUANT TO SECTION 10-34 OF THE CODS OF ORDINANCES OF
THE VILLAGE OF OAR BROOK, n.T•INOIS
(615 West 22nd Street)
WHEREAS, the owner of certain property described herein has petitioned
the corporate authorities of the Village of Oak Brook, DuPage and Cook
Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34
of the Code of Ordinances of the Village of Oak Brook, relating to flood plain
and wetland regulations; and
WHEREAS, a public hearing on such petition has been conducted by the
Zoning Board of Appeals of the Village on November 5, 1991, pursuant to due
and appropriate legal notice; and
WHEREAS, the Plan Commission of the Village of Oak Brook has submitted
Its recommendation to the President and Board of Trustees; and
WHEREAS, both the Plan Commission and Zoning Board of Appeals have
recommended approval of the petition since the proposed use is consistent with
the best use of the flood plain; and
WHEREAS, the Village President and Board of Trustees have reviewed the
recommendations of the Plan Commission and Zoning Board of Appeals; and
WHEREAS, the proposed use satisfies the requirements of and is
consistent with each of the factors set forth in Section 10-34(c) of the Code
of Ordinances of the Village of Oak Brook; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the
passage of this ordinance to be in the best interest and in furtherance of the
general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the
Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby
granted to allow regrading of the Salt Creek flood plain, said property being
legally described as:
Ordinance S- 7
Granting a Floo ain Special Use
615 West 22nd Street
Page 2
That part of the Southwest Quarter of Section 24, Township 39
North, Range 11, East of the Third Principal Meridian, DuPage
County, Illinois, being more fully described as follows:
Commencing at the Southeast corner of the Southwest Quarter of
said Section 24; thence South 890 36' 25" West along the South
line of the Southwest Quarter of said Section 24, said line also
being the center line of 22nd Street, a distance of 1185.0 feet;
thence North 00, 23' 35" West a distance of 85.37 feet to a point
on the North right of way line of 22nd Street (Cermak Road) said
point also being on the westerly line of a dedicated road,
recorded March 21, 1962 as Document No. R62-7996; thence
continuing North 0° , 23' 35" West, along the Westerly line of said
dedicated road, a distance of 50.02 feet; thence North 880 57'
39" West along a line which is 50.0 feet Northerly of as measured
parallel with and perpendicular to, the Northerly right of way
line of 22nd Street (Cermak Road) a distance of 387.52 feet for a
place of beginning; thence continuing North 88° 57' 39" West along
the previously described line a distance of 197.40 feet; thence
South 89° 36' 25" West along a line which is 50.0 feet Northerly
of as measured parallel with and perpendicular to the Northerly
right of way line of 22nd Street a distance of 46.26 feet; thence
North 0° 23' 35" West a distance of 214.26 feet; thence North 52°
43' 55" East a distance of 304.52 feet; thence South 0° 43' 35"
East a distance of 401.92 feet to the place of beginning, in
DuPage County, IL. Permanent Parcel No. 06-24-307-010.
Section 3: That the special use permit herein granted in Section 2 of
this Ordinance is expressly subject to the following conditions:
A. That maintenance responsibility lies upon the property owner, its
successors and assigns ("property owner");
B. That in the event the property owner defaults in its maintenance
responsibility, the Village of Oak Brook will perform the necessary
maintenance;
C. That the property owner grant the Village the right to enter upon
the property and perform the necessary maintenance; and
D. That the cost of all maintenance work performed by the Village shall
be paid by the property owner.
E. That the property owner prepare and execute an agreement
Incorporating the conditions set forth herein prior to any work
being done at the property. The Village shall record the agreement
at the property owner's expense.
Section 4: That this special use permit is granted subject to the
further condition that all applicable permits be obtained from the appropriate
regulatory agencies, and that improvements constructed on the subject property
be constructed in accordance with the Building Code and in accordance with the
requirements for flood resistent construction as set forth in Section 2102.0
of the BOCA National Building Code.
P3
Ordinance S-_72�61A
., Granting a Floodplain Special Use
615 West 22nd Street
Page 3
Section 5: That the special use permit herein granted in Section 2 of
this ordinance be further expressly subject to the condition that all land
modifications on the subject property be completed on or before February 11,
1996 in substantial conformity with the Site Floodproofing & Restoration Plan
prepared by Lindley & Sons, Inc. as last revised January 22, 1992,
incorporated herein by reference. If the property owner fails to meet the
conditions of this section, this special use permit shall automatically
terminate and be of no further force or effect.
Section 6: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 11th day of February , 1992.
Ayes: Trustees Payovich, Shumate, Skinner and Winters
Nays: None
Absent: Trustee Krafthefer
Abstain: Trustee Bartecki
APPROVED THIS 11th day of February , 1992.
Village President
ATTEST:
- �7
_/ �_44 7�% ��
c/l4L Cti '/" )
—Village Clerk
Approved as to Form:
a,
Village Attorney
Published
Date Paper
Not Published XX
aed.ord
PREPARED BY: RETURN TO:
Richard A. Martens, Village Attorney Tom Hawk, Director of Code Enforcement
Village of Oak Brook Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60521 Oak Brook, Illinois 60521
GE OF Oqk 8
P Ap
40
G o
o `2
f COON-t
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK ILLINOIS 60521 -2255
February 11 , 1992
708 990.3000
Mr . William T. Boyd . Civil Engineer
Illinois Department of Transportation
Division of Water Resources
201 West Center Court
Schaumburg, Illinois 60196
RE: Flood Plain Special Use - ,QED
Dear Bill :
Since my letter to you of January 15 , 1992 , we have discussed by telephone
on a couple of occasions , my request for your written definition of a rule
on exactly what the Village of Oak Brook is expected to do. Unfortunately,
I have not received your written response. Your written response is very
important not only for this project , but for future projects . Since your
rule is a written rule , the Village would very much appreciate your written
explanation and definition.
Please let me know in writing your conclusions as soon as possible.
Since ,y-,
Dale L. Durfey, Jr . , P.E.
/Village Engineer
DLD/etg
cc: Tom Hawk. Director of Code Enforcement
Bill Lindley, Lindley & Sons , Inc .
t DuPage County
f
i
i' DEPARTMENT OF ENVIRONMENTAL CONCERNS
421 N.COUNTY FARM ROADW
`. WHEATON,INOIS 60187 f$
t1`I, 708-682-7130
Qp
n� ; FEB ( 0 1992
February 7, 1992
Dale L. Durfey, Jr. , P.E.
Village Engineer
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521-2255
RE: AED Berm Proposal
615 Hunter Drive
Dear Dale:
This letter is in response to our phone conversation of
February 4 , 1992 . Based on my letter of January 22 , 1992 there
were still several items left to be discussed. Item #1 of that
letter, which pertained to water surface elevations and creek
velocities, has been completed. The revised cross-sections were
input into the Dupage County Lower Salt Creek FEQ model and runs
were made for both Existing and Proposed conditions. Comparisons
were made for the 5-year, 10-year, and 25-year design events, and
also for the 1987 historical event. The results of these model
runs showed no increases in water surface elevations or creek
velocities upstream, downstream, or through the project site.
Item #2 was not addressed on the revised submittal by Lindley
and Sons, Inc. No erosion control or restoration plans concerning '
the riparian environment were submitted. Natural vegetation should
be replaced in the riparian environment if it is destroyed, and
replacement vegetation should be capable of withstanding frequent
and extended inundation.
Item #4 was only partially completed. According to the
Ordinance, backup power should be self-sufficient, not requiring ,'
human intervention. Insufficient details were given on the revised
plans to determine if this is true.
�U
Item #5 was partially addressed on the revised plans.
Although compensatory storage was provided at a ratio greater than
1. 5: 1, the Ordinance will require the compensatory storage to be
provided at the same incremental elevation as the displaced
storage. On page E78 of the Draft Guidance Document (see
attached) , four items are listed which can achieve equivalency of
displaced storage and compensatory storage. Also, hydrology
records should be checked to determine if the normal water• „p
elevation noted on the plans is accurate. If conditions had been `C'
dry prior to the survey date, 'then the normal water elevation may(A
be higher.
If you have any further questions or comments, I may be
reached at 682-7130 between 8: 00 and 4 :.30.
Sincerely,
Robert A. Covey
Civil Engineer
cc: Anthony J. Charlton, P. E. , Environmental Concerns
Jonathon P. Steffen, P.E. , Environmental Concerns
79
GUIDANCE (left column) COMMENTARY (right column)
plain. Grading in special management areas shall be done in
such a manner that the existing flood plain storage is
maintained at all times" Sec. 15-133.8.
IDOT/DWR further requires that compensatory storage be:
• Hydraulically equivalent to that displaced
• Open and freely draining, and
• Opposite and adjacent to the development site displacing
storage
The Ordinance requires compensatory storage any time fill,
structures, or other materials will occupy or enclose space
normally occupied by flood waters during the base flood
condition (the only exception is for floodproofing of existing
structures). The required compensatory storage volume is
calculated by measuring the planned volume of fill,structure,or
other material below the base flood elevation, plus any enclosed
space that excludes access of future floodwaters,and multiplying
by 1.5.
The compensatory storage shall be provided at about the same
elevation and flood volume frequency as the flood storage
volume displaced so it will be filled and emptied with flood
waters during similar flood conditions.
Equivalency of flood frequency elevation and flood storage
displacement can be achieved by ensuring that:
1. Flood waters have access to the compensatory volume
when they reach the elevation frequency that would have
flooded the lower portions of the displaced flood storage
volume,and
2. The entire compensatory flood storage volume would be
filled if flood waters reached the base flood elevation,
and
3. All points on the stage-frequency-volume curve (see
Example E-5) for the compensatory flood storage
volume have greater volume for each stage-frequency
than that on the stage-frequency-volume curve for the
displaced flood storage, and
4. The compensatory flood storage volume would dewater
in approximately the same time period as the flood
recession.
Compensatory flood storage meeting the Ordinance criteria
must be operational before the fill,structure,or other materials
displace the historic flood storage volume to avoid the risk of
increased flood damage in the interim. The development plan
for the flood plain, therefore, shall show sequential scheduling
with construction of the compensatory storage volume complete
E-78 December 30, 1991
DuPage County
DEPARTMENT OF ENVIRONMENTAL CONCERNS ✓
421 N.COUNTY FARM ROAD
WHEATON,ILLINOIS 60187 1
708-682-7130 A.
January 22 , 1992 toy
RoK!AZ
N
Dale L. Durfey, Jr. , P.E.
Village Engineer
Village of Oak Brook
1200 Oak Brook Road �•�� �!
Oak Brook, IL 60521-2255
r•�vL
RE: AED Berm Proposal
615 Hunter Drive
Dear Dale:
This letter is in response to a permit application submitted
by Lindley and Sons, Inc. for construction in the floodway of Salt
Creek. The proposed project consists of a berm to be constructed
along the east bank of the creek and is intended to protect parking
and landscaping on the site of Associated Equipment Distributors.
The proposed site plan was checked with its conformance to the new
Dupage County Stormwater and Flood Plain Ordinance. The following
list is in response to the January 7 meeting on this project and
the subsequent resubmittal by Lindley and Sons, Inc. This list
addresses each point made in my December 2 letter and the
subsequent project meeting on January 7 .
1. Does not meet Article 9 , Section 15-112 , #1, Page 36 (DCSFPO) :
DuPage County has input the revised cross-sections into
the Lower Salt Creek FEQ model and completed runs for
both the Existing and Proposed conditions. Model runs
were made for the 2-year, 10-year, and 25-year design
events for each of the conditions. The 1987 storm event
will be run overnight tonight. These results will be
available tomorrow.
2 . Does not meet Article 9 , Section 15-115, #2d, Page 41:
The developer still has not addressed the riparian
environment issue.
3 . Does meet Article 10, Section 15-132 , #1, Page 45:
The developer has identified the existing and proposed
floodway boundary on the revised plans.
4 . Does meet Article 10 , Section 15-133 , #7 , Page 47 :
The developer has noted on the revised plans that
backup power is available for the pumps during times
of electrical failure.
77
5 . Does meet Article 10, Section 15-133 , #8, Page 47 :
The developer does provide compensatory storage
at a ratio of 1. 5: 1. However, the compensatory storage
is not provided at the same incremental elevation as the
displaced storage. Another item of concern on the
proposed plan is that the proposed 649 elevation should
be darkened. If the existing 649 elevation is not
changing, a concern exists that the comensatory storage
may be filled with normal flows for extended periods of
time, and therefore not available for flood flows during
heavy rains.
6. Does not meet Article 10, Section 15-134 , #1, Page 50:
Any developer proposing development in or near mapped
wetland areas shall identify the boundaries, extent,
and quality of all wetland areas on the subject
property, or note that there is none located nearby.
7 . The following items were lacking detail or not included in the
report and could not be reviewed per Article 11, Section 15-
149 , Page 58 :
#lb - Site Runoff Calculations
#lc - Site Runoff Storage Calculations
#ld - Schedule of Implementation
#le - Information of Off-Site Conditions
#lf - Sediment/Erosion Control Plan
#lg - Riparian Environment Submittal
These are items which should be addressed after February 15.
8 . All proposed slopes of the proposed cross-sections are
acceptable.
9 . Top and bottom elevations of the Keystone retaining wall
are included in the revised plans. It is still recommended
that careful attention be paid to the trees and their root
systems in the vicinity of the retaining wall because too much
fill placed above the roots would be very harmful .
10 . Alternative landscaping is provided on the revised plans.
We appreciate this opportunity to review this permit
application. If you have any further comments or questions, I may
be reached at 682-7130 between 8 : 00 and 4 : 30.
Sincerely,
Robert A. Covey
Civil Engineer
cc: Anthony J. Charlton, P.E. , Environmental Concerns
111. ASSOCIATED EQUIPMENT DIST ORSA< ED) _ FLOOD PLAIN SPECIAL USE —DP" 'F I
Engineer Dale Durfey reported that he had met with Bill Lindley, the engineer for the petitioners, and mem-
bers of the county staff; and they had reviewed AED propos9l. Bill Lindley distributed a revised plan based
on previous discussions.
Engineer Durfey reported, at this point, the plans are in accordance with the Village and County's require-
ments, though Engineer Durfey still has to do a final detail examination for any minor problems.
The AED discussion was put on hold because of the fact that Bill Lindley was not present at this time. The
AED discussion will continue when Bill Lindley is present.
IV. RYS VARIATION REQUEST
Mr. Rys restated his request for the board and a general discussion ensued.
Mr. Rys explained his petition was for a 5 foot fence to extend from the rear of his home to the rear lot
line along both sides of his rear yard. The fence would be a an open weaved cyclone fence and would abut
with the existing fence which is approximately a 5 foot high fence which is on the adjacent property which
is located in Westmont.
Mr. Rys's request is to vary the maximum height permitted by the Village of 42 inches and to allow Mr. Rys
to construct a 60 inch high fence.
Member Martis moved, seconded by Member Martinello, to recommend denial of the request of the 5 foot fence
along the sides of the rear yard.
This motion was based on the fact that the circumstances are not unique and similar situations do occur in a
number of other properties within the Village.
ROLL CALL VOTE: Ayes: Paul Martis
Roy Martinello
Elaine Herman
Claybourne A. Crouch
Nays: Raymond White
Motion passed - a recomendation for denial will be reported to the Board of Trustees.
V. MC DONALD'S L OAK BROOK PARK DISTRICT _ FLOOD PLAIN SPECIAL USE
Attorney Dave Gooder, Engineer Mike Lach, and Ken Pardue were sworn in by Chairman Kenny.
Mr. Gooder described the request. His description included the following items:
1) The location and size of the property and the adjacent property uses
2) The request is to modify the floodplain, making the floodplain boundary more or less paralell to
South property line, which also runs paralell to Ginger Creek thereby improving the usefulness
of the balance of the site and in accordance to the previously approved site development plan.
4) The floodway is not included.
5) Compensatory storage will be provided at a ratio of 1 to 1.
6) There will be no change to the velocities of water movement either within the floodplain or
within the floodway.
7) The flood elevation will not be increased.
8) There will be no detrimental effects to any other property owners either upstream or downstream
of this request.
ZONING BOARD OF APPEALS Minutes -2- January 7, 1992
ZSA01-92.DOC
' A motion was made by Member He*Zoning
seconded by Member Crouch, to table this e and continue this public
hearing until the February 4, Board of Appeals meeting.
VOICE VOTE: All in favor - Motion passed.
III. ASSOCIATED EOUIPTMENT DISTRIBUTORESABED) _ FLOOD PLAIN SPECIAL USE _ CONTINUED
At this time Engineer Lindley had arrived at the meeting, so we returned to the AED Flood Plain Special Use.
General discussion ensued regarding the plan that had been delivered to the Village today. Again it was
restated by both Engineer Lindley and Engineer Durfey that the plans were in compliance with both the County
and the Village requirements and any details left should be minor and should be resolvable.
Engineer Lindley reviewed the factors pertaining to Flood Plain Special Uses as found on page 635 in the
Village Code. His responses were as follows:
1) No danger or increase of danger to life and property due to increase flood heights or velocities
caused by this project.
2) No increase of danger of materials being swept onto other lands, either cross stream, upstream,
or down stream to the injury of others.
3) No detrimental effects on water supply systems or sanitary systems.
4) This proposal will protect the AED property from damage of storms within the 5 to 10 year range.
It will not have the effect of increasing the Likelyhood of damage to other property owners.
5) Not relevant
6) Not relevant
7) The proposal is compatible with the development in the area both present and in the future.
8) The proposal is in accordance with the Village's Flood Plain Management Program and is not in
conflict with the comprehensive plan of the Village.
9) Access to the property is via Hunter Drive and 22nd Street and is not impacted.
10) The expected heights, velocities, durations, rate of rise, and sediment transport will not
increase.
11) There are no other pertinent factors pertaining to this issue.
There were no comments, either pro or con to this project from the public.
Member Martinello moved, seconded by Member Crouch, to recommend approval of this Flood Plain Special Use
subject to the following conditions:
1) That final engineering approval be obtained.
2) That IDOT permits and any other necessary regulatory agencies permits be obtained.
This motion is based on the following findings:
1) That there is a clear hardship to this property in the fact that this property has repeatedly
suffered flooding over the past 10 to 12 years.
2) The proposal is in accordance with the purposes of the Village Codes.
3) That this project does not have any detrimental effects that will damage any other property
either upstream or downstream.
ROLL CALL VOTE: Aye Roy Martinello
Claybourne A. Crouch
Elaine Herman
Paul Martis
Raymond White
Motion passed.
ZONING BOARD OF APPEALS Minutes -4- January 7, 1992
ZBA01-92.D0C
- V
LINDLEY SONS, INC.
9200 South Kingery Road
9 Hinsdale, Illinois 60521-6848
(708) 325-8190
Fax: (708) 325-8643
January 20 1992
Toni Schelewitz
ASSOCIATED EQUIPMENT DISTRIBUTORS
615 West 22nd Street
Oak Brook, IL 60521
Re: AED Floodplain Special Use
Dear Mr. Schelewitz:
The Village of Oak Brook scheduled a meeting on Friday, January 17, 1992, for the purpose of
reviewing the issue of maintenance of the Salt Creek floodway to meet a condition of a permit
from the Illinois Department of Transportation/Division of Water Resources (IDOT/DWR).
Dale Durfey, Village Engineer, questions the IDOT/DWR authority to require local municipal
a&encies to accept the responsibility for the maintenance of private property when encumbered
with a floodway designation. This concept is directly contrary to other requirements that prohibit
the use of public funds to maintain privately owned property. (See attached copy of letter to
IDOT/DWR.)
Review of the Illinois state statutes finds that no specific authority was legislated to IDOT/DWR
for this purpose. However, the Rules and Regulations that were adopted by the legislative
committee contain a general reference to this issue. These Rules and Regulations were reviewed
and approved by a legislative committee of the Illinois General Assembly and, as such, are binding
until modified.
The Village of Oak Brook requested that I present to those attending the meeting alternative
procedures used by other governmental units in addressing this issue. I reported that some local
governmental units have either adopted a new ordinance or modified an existing ordinance which
provides for the use of local police powers to eliminate a nuisance and dangerous or unacceptable
conditions through public action. Under these circumstances, lien rights against the property are
employed to recover any expenses. This procedure would be similar to the elimination of noxious
weeds on private property or the towing of illegally parked or abandoned vehicles. I explained
that in the specific instance under consideration, it is the wish of AED to continue to maintain its
own property in a manner that is acceptable to AED, the Village of Oak Brook, and IDOT/DWR.
Dale Durfey reported that the present agreement between the Village of Oak Brook and
IDOT/DWR, which was prepared in connection with the recent cleaning and dredging program
for Salt Creek, speaks only to the area of normal flow and does not address the floodway, which
extends well beyond the limits of normal flow.
CIVIL ENGINEERING • DRAINAGE/STORM WATER MANAGEMENT• SITE PLANNING/DESIGN • LANDSCAPE ARCHITECTURE
MUNICIPAL INFRASTRUCTURE ENGINEERING • LAND DEVELOPMENT PLAN REVIEW * FORENSIC E_t1GINEERING
r�
AED Floodproofingg
January 20, 1992/Page 2
Mr. Durfey also scheduled a meeting for Monday, January 20, 1992, at 10:00 A.M. to review
specific wording in the plans for this pro'ect. The matter of compensating storage potential has
been resolved in an adequate manner an�the minor points of wording on the plans will be cleared
up prior to the scheduled meeting of the Village Board of Trustees on January 28, 1992. Mr.
Durfey also indicated that it would not be necessary to attend the Committee of the Whole
meeting on the 27th of January since this item is not on the agenda.
Should you have any questions on this matter, please contact this office.
Sincerely,
LINDLEY & SONS, INC.
cc: Village of Oak Brook R. W. Lindley, P.E.
- Stephen Berley
- Dale Durfey
- Thomas Hawk
RWL/sg
7a2..
VILLAGE OF OAK BROOK
PLAN COMMISSION
December 16, 1991
1. CALL MEETING TO ORDER
The meeting was called to order at 7:37 P.M.
11. ROLL CALL
MEMBERS PRESENT: Members: Al Savino
Tom Doyle
Bernard Dudek
Donald Haglund
George Mueller
Anthony Tappin
MEMBERS ABSENT: Member: Donald Sandstedt
ALSO PRESENT: Trustee Kelly Skinner
Engineer Dale Durfey
Director of Code Enforcement Thomas Hawk
A quorum was declared.
111. APPROVAL OF MINUTES
Member Mueller moved, seconded by Member Tappin to waive the reading of the minutes of the November 18, 1991
meeting and to approve them as written
VOICE VOTE: All in favor - motion passed
Note: Chairman Savino revised the agenda to hear the A.E.D. item next. Dave Gooder representing McDonald's
had no objection.
..�.ss.�IV. ASSOCIATED EOUIPTMENT DISTRIBUTORS _ FLOOD PLAIN SPECIAL USE _ Continued
Mr. Bill Lindley indicated that he had met that afternoon with Village Engineer, Dale Durfey, and that a
further modification to the plan would be drawn up. This revised plan would place a berm/wall along the
east side of the A.E.D. property. This will allow the attaining of the 1 to 1 compensatory storage ratio
and also thereby excludes the property to the east from any involvement in this plan.
He also indicated that the maintenance issue will still need to be clarified and also the easement rights to
the creek lot will have to be obtained.
Mr. Lindley indicated that the remaining issues by the County review could be resolved.
Engineer Durfey indicated that the new plan should accomplish what is needed to bring the proposal into good
compliance with the Village ordinances.
i
A general discussion ensued.
PC12-91.DOC Page 1 of
GOOF OA/(9
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COUNtr,
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
I'
January 21, 1992
MEMO: President and Board of Trustees
FROM: Stephen Berley
Thomas R. Hawk
SUBJECT: Associated Equipment Distributors (AED) Flood Plain
Special Use - January 28, 1992 Agenda
Over the last few months, the Plan Commission and Zoning Board of
Appeals have been reviewing AED' s request for Flood Plain Special
11,;e to per',idt flood proofing of their property. The plans have
::ndergone several major revisions in order to satisfy the re-
qui.Yements of the Village, County, and IDOT-DWR. The plan as it
now stands, protects the property from storms of the 5 to 10 year
frequency level . This is desirable to the property owner since
this property is subject Lo surface flooding on a yearly basis.
Both the Plan Commission and the Zoning Board of appeals have
recommended approval cf this request subject to the following
conditions:
1) final engineering approval
2) permits from all other required regulatory agencies such
as IDOT-DWR and the Corps of Engineers
3) resolution of the maintenance requirement _issue raised
by IDOT-DWR
The engineering is close to receiving final approval and this- may
be accomplished prior to your meeting.
The only outside permit is apt)arent] y from IDOT-DWR. Any ordi-
nance approving this request should include this as a stipula-
tion.
P88T.AED PAGE 1 OF 1.
/(
0 0
The staff recommendation regarding the maintenance requirements
is to include in the approval ordinance the following require-
ments:
1) maintenance will be the responsibility of the property
owner
2) in the event the property owner defaults in its mainte-
nance responsibility, the Village of Oak Brook will pre-
form the necessary maintenance.
3) language granting the Village the right to enter upon the
property and perform the necessary maintenance
4) the cost of all maintenance work performed by the Village
shall be paid by the property owner.
Hopefully, these stipulations will satisfy IDOT-DWR' s require-
ments.
If it is your wish to approve this request, it would be appropri-
ate to authorize the attorney to prepare the necessary ordinance.
Respectfully submitted,
Stephen Be ley ('� Thomas R. awk
Village Manager \ Director of Code Enforcement
PBBT-AED.MEM PAGE 2 OF 2
69
LINDL?Y P SONS INC.
9200 South Kingery Road
Hinsdale, Illinois 60521-6848
i (708) 325-8190
Fax: (708) 325-8643
January 12, 1992
Stephen Berley, Manager
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60521-2255
Re: AED Floodplain Special Use
Dcar Mr. Berley:
Consideration of a Floodplain Special Use Permit for Associated Equipment Distributors (AED)
will be an agenda item for the Village Board meeting of January 28, 1992. As you are aware, this
project has been presented to both the Zoning Board of Appeals and the Plan Commission for
their review and comment. A review of the somewhat modified plans is also anticipated from Mr.
Durfey prior to the Board meeting, a requirement of both advisory units of the Village Board.
A matter raised by the Illinois Department of Transportation/Division of Water Resources
(IDOT/DWR) is cause for some concern. This correspondence requests a letter from the Village of
Oak Brook stating that it agrees to operate and maintain the revised floodway per Section 708.80(a)(4)
of the Department's Rules for Floodway Construction. This rule states:
4) The unit of local government exercising zoning control over an area within its corporate
limits proposes or concurs in the proposal that the floodway storage or conveyance be
relocated to facilitate development, and a unit of local government will either:
a) assume responsibility to operate and maintain any modifications or improvements
made to relocate the floodway; or
b) have the ri*lit and will agree, upon default of the party primarily responsible for
such operation and maintenance, to undertake such operation and maintenance.
The recent dredging and shaping of the primary channel of Salt Creek by IDOT/DWR from
Roosevelt Road to 22nd Street also required a maintenance agreement from the Village of Oak
Brook. The change in the 100-year floodway location produced by the proposed flood-proofing
for the AEDproperty is only minor, as can be determined from the document supplied to the
Village of Oak Brook. The proposed berm and landscaping features are located on the private
property of AED and are within the existing and proposed floodway. The entire AED property
lies within the Federal Emergency Management Agency (FEMA) Federal Insurance Study (FIS )
designated floodway published for the Village of Oak Brook. While the dredging and channel
shaping recently completed by IDOT/DWR has relocated this floodway, it has not been re-
established except for the work on this project.
CIVIL ENGINEERING • DRAINAGE/STORM WATER MANAGEMENT SITE PLANNING/DESIGN • LANDSCAPE ARCHITECTURE
MUNICIPAL INFRASTRUCTURE ENGINEERING 0 LAND DEVELOPMENT PLAN REVIEW 9 FORENSIC ENGINEERING �
AED Floodlain Special Use
Page 2yianuary 12, 1992
It is not the intent of AED to rely upon the Village of Oak Brook to operate and maintain the
floodway as it crosses its property. However, in order to obtain the necessary permit review from
IDOT/DWR, some type of agreement will be required.
Prior to the Village Board meeting on January 28, 1992, it is requested that this matter be
reviewed, perhaps at the Committee of the Whole meeting scheduled for January 13, 1992. As an
alternative, it may be within the police powers of the Village of Oak Brook to somehow convince
IDOT/DWR that AED's private property lying within the Salt Creek floodway will be properly
operated and maintained.
Thank you for your assistance with this issue. The AED staff appreciates the effort being provided
by the Village of Oak Brook in order to obtain the necessary permits to protect its workspace from
damage due to the frequent increases in the level of Salt Creek which have occurred over the past
few years.
Sincerely,
LINDLEY & SONS, INC.
PAIX
R. W. Lindley, P.E.
cc: Associated Equipment Distributors
-Tom Schelewitz
Village of Oak Brook
- Dale Durfey
-Thomas Hawk
IDOT/DWR
- William T. Boyd
DuPage County DEC
-Tony Charlton
RWL/am
lv 7
• Member Herman, seconded by Memberouch, moved to table this request until to ebruary S, 1992 Zoning
Board Meeting.
VOICE VOTE: Alt were in favor - motion passed.
This item tabled until the Feb. 4, 1992 meeting.
V. ASSOCIATED EOUIPTMENT DISIRIBUTORSA( ED) _ Flood Plain Special Use _ Public Hearn _ Continued i
i
The petitioner was represented by Bill Lindley. Mr. Lindley indicated that he and Engineer Dale Durfey had
met and had discussed the over all engineering plan revisions which are being made at this time. It is
planned to maintain storm water storage potential west of the birm and other engineering details the birm Is
slightly being relocated and reduced in height, etc. Mr. Durfey also had requested that easement permis-
sion be obtained from the property owner of the area immediately adjacent and including the creek bed which
apparently is the Butler Corporation, and this will be sought.
1
Mr. Lirdtey did belive that he would have this redesign completed in time to get it to Engineer Dale Durfey
early enough for him to mnke a report for the Plan Commission's Meeting on December 16, 1991 in the hopes
that the Plan Commission could make their recommendation to the Board of Trustees and the Board of Appeals.
The Board of Appeals then can possibly,take this issue to a vote at their January 7, 1992 meeting.
At the petitioners request Member Herman moved, seconded by Member Crouch, to table further consideration of
this request until the January 7, 1992, meeting.
VOICE VOTE: All were in favor - motion passed.
This item tabled until the Jan. 7, 1992 meeting.
VI. CONTROL OF BULK
On the basis that this is a significant item, and where the board is not unanimous that it best be discussed
before a more complete board.
Member Herman moved, seconded by Member White, to table the Control of Bulk issue until the January 7, 1992
meeting.
VOICE VOTE: Alt in favor - Motion passed.
This item tabled until the Jan. 7, 1992 meeting.
VII. ADJOURNMENT
Member White moved, seconded by Member Herman, to adjourn.
VOICE VOTE: All in favor - motion passed.
Meeting adjourned at 9:15 p.m.
ZONING BOARD OF APPEALS Minutes -4- December 3, 1991
ZBA12-91.DOC Page 4 of 5
There was no testimony from the public.
Member Herman moved seconded �
by member Martinello, to recommend denial of their request based on the find-
ings that:
a) the property can yield a reasonable rate of return without the encroachment.
b) that no unique circumstance or hardship had been demonstrated.
ROLL CALL VOTE: Ayes: Elaine Herman
Roy Martinello
Raymond White
Nays: William Kenny
Member Kenny stated that he felt that the irregular shaped lot and lack of buildable depth constituted a
hardship.
IV. ASSOCIATED EOUIPTMENT DISTRIBUTORS (AED) - 615 22nd Street Hunter Drive _ Flood Plain Speial Use _
Public Hearing
The petitioner was represented by Mr. Thomas Schelewitz and Mr. David Gordon of A.E.D. and Mr. Bill
Lindley of Lindley 8 Sons.
All were sworn in by Chairman Kenny.
Several sets of photos were presented to members showing flood conditions in 1979 and 1987.
Mr. Lindley gave a presentation describing the petitioner's request which include the following:
1. A physical description of the levee system they are proposing.
2. Landscaping.
3. There will be no change upstream or downstream effecting any other property owners.
4. The proposal will not prevent a 100 year storm event from flooding the building but will have
positive effects for A.E.D. during lesser storms.
5. This property, due to upstream development and the channel dredging,
has seen an increase in the
frequency, height, and duration of flooding.
6. The petitioner is seeking not only the approval of their request but also the support of the
Village in the review process with IDOT-DWR and all the others with review authority.
Mr. Lindley answered the question of the Commission members.
Mr. Schelewitz made his remarks which were aimed at the effects of the frequent flooding including the
following:
1. Actual dollar costs were for the most part covered by flood insurance.
2. The major inconvenience in operating their business during and after flooding.
3. The potential health hazard for his employees due to the silt, debris, and sewage deposited on
the property.
He also pointed out that A.E.D. was a 27 year resident at this location and that they would very much like
to stay.
A general discussion ensued.
• The review by IDOT / DWR and the County have not been received; an Lindley and Durfey have not as yet re-
solved the questions raised by Durfey.
ZONING BOARD OF APPEALS Minutes -2- November 5, 1991
mts.zba
Member White moved, seconded by Member Nartinello to continue this public hearO until December 3, 1991
meeting. Q
I '
VOICE VOTE: All in favor - motioned passed.
V. CONTROL OF BULK
Since the Zoning Board wishes to discuss this issue with as close to a full board as possible, Member i
Herman moved, seconded by Member white to table this to the December 3, 1991 meeting. I i
i
VOICE VOTE: All in favor - motion passed.
I
V1. GENERAL DISCUSSION
Several members asked Mr. Hawk if it would be possible to get new copies of the Zoning Ordinance and to
place them in three ring binders for easy updating.
Mr. Hawk indicated he would do so.
V11. ADJOUNMENT
Member White moved, seconded by Member Martinello, to adjourn.
VOICE VOTE: All in favor - motion passed.
Meeting adjourned at 9:18 p.m.
Respectfully Submitted,
I
Thomas Hawk, Secretary
Zoning Board of Appeals
Approved
ZONING BOARD OF APPEALS Minutes -3- November S, 1991
410 a 9 Oaa
• • SFT
VILLAGE OF OAK BROOK
PLAN COMMISSION
December 16, 1991
1. CALL MEETING TO ORDER
The meeting was called to order at 7:37 P.M.
11. ROLL CALL
MEMBERS PRESENT: Members: Al Savino
Tom Doyle
Bernard Dudek
Donald Haglund
George Mueller
Anthony Tappin
MEMBERS ABSENT: Member: Donald Sandstedt
ALSO PRESENT: Trustee Kelly Skinner
Engineer Dale Durfey
Director of Code Enforcement Thomas Hawk
A quorum was declared.
111. APPROVAL OF MINUTES
Member Mueller moved, seconded by Member Tappin to waive the reading of the minutes of the November 18, 1991
meeting and to approve them as written
VOICE VOTE: All in favor - motion passed
Note: Chairman Savino revised the agenda to hear the A.E.D. item next. Dave Gooder representing McDonald's
had no objection.
IV. ASSOCIATED EOUIPTMENT DISTRIBUTORS - FLOOD PLAIN SPECIAL USE - Continued
Mr. Bill Lindley indicated that he had met that afternoon with Village Engineer, Dale Durfey, and that a
further modification to the plan would be drawn up. This revised plan would place a berm/wall along the
east side of the A.E.D. property. This will allow the attaining of the 1 to 1 compensatory storage ratio
and also thereby excludes the property to the east from any involvement in this plan.
He also indicated that the maintenance issue will still need to be clarified and also the easement rights to
the creek lot will have to be abtained.
lir. Lindley indicated that the remaining issues by the County review could be resolved.
Engineer Durfey indicated that the new plan should accomplish what is needed to bring the proposal into good
compliance with the Village ordinances.
A general discussion ensued.
PC12-91.DOC Page 1 of 3
• • "Z),4e*r-r
Member Doyle moved, seconded by Member Mueller, to recommend approval of the Associated Equipment Distribu-
tors Flood Special Use as further modified subject to the following conditions:
1) final engineering approval by the Village Engineer Dale Durfey
2) proper required permits from all other regulatory agencies
Member Dudek stated that he could not support this motion without the final plan in hand.
ROLL CALL:
In Favor: Tom Doyle
George Mueller i
Donlad Haglund
Anthony Tappin
Al Savino
Opposed: Bernie Dudek
Motion Passed.
V. MC DONALD'S [ OB PARK DISTRICT
The petitioner was represented by Attorney Dave Gooder and the design engineer Mide Lach. They described
their proposal with the following items being covered:
1) the proposal is for a flood plain modification
2) compensatory storage is provided at a 1 to 1 ratio
3) the flooding is not involved
4) the proposal, both alterantes 1 and 2, are compatible with the oak Brook Park District proposal
for the property to the west
5) the Oak Brook Park District has give their permission for the proposed work along their property
line.
Attorney Gooder reviewed the factors specified in the Village ordinance ( see Section 10-34c) and indicated
that the proposed was in agreement with all of them and further that their proposal meets the intent of the
Village ordinances as well as the specific requirements.
There was no comment, either pro or con, from those in attendance.
Member Haglund moved, seconded by Member Tappin, to recommend approval of the McDonald's / OB Park District
Flood Plain Special Use request.
ROLL CALL: All in favor - motion passed.
V1. BIKE PATH PLANNING
ji Member Tappin up-dated the Commission on the activities of the Bike Path Sub-Committee.
The next meeting of the Sub-Committee is scheduled for January 20, 1992 at 6:00 P.M. in the lower level
conference room.
PLAN COMMISSION Minutes -2- December 16, 1991
PC12-91.DOC Page 2 of 3
6�-
VILLAGE OF OAK BROOK
PLAN COMMISSION
November 18, 1991
1. CALL MEETING TO ORDER
The meeting was called to order at 7:31 P.M.
11. ROLL CAL
MEMBERS PRESENT: Members Al Savino
Tom Doyle
Bernard Dudek
Donald Haglund
George Mueller
ALSO PRESENT: Trustee Kelly Skinner
Engineer Dale Durfey
Director of Code Enforcement Tom Hawk
A quorum was declared.
Ill. APPROVAL OF MINUTES
Member Mueller moved, seconded by Member Haglund to approve the minutes as written.
VOICE VOTE: All in favor - motion passed
IV. ASSOCIATED EOUIPTMENT DISTRIBUTORS, FLOOD PLAIN SPECIAL USE
Mr. Bill Lindley, the engineer representing the petitioner, went over the letter from IDOT / DNR pertaining
to AED's application.
In summary, he indicated that all items could be resolved by him with the exception of item 04 which re-
quires a letter from the Village (see letter).
Nobody was certain what this commitment by the Village entailed.
A lengthly general discussion ensued.
Member Doyle moved, seconded by Member Mueller, to table until the next meeting in order to allow time to
II resolve the following issues:
+ 1) What exactly does item #4 of IDOT / DWR'S letter mean? What does the Village attorney think?
2) Resolve Engineer Durfey's exceptions.
3) Exactly how much volume of fill material will be brought in?
4) Should we support the concept of flood proofing developed properties.
VOICE VOTE: All in favor - motion passed.
PLAN COMMISSION Minutes November 18, 1991
pc.mnt
V. BIKE PATH PLANNING
The Bike Path Sub-committee's next meeting is scheduled for December 3 at 6:00 P.M. in the Lower Level Con-
ference Room.
V1. MISCELLANEOUS
Chairman Savino distributed copies of the Plan Commission Rules of Practice and asked everybody to look them
over.
He also asked the members of the Plan Commission to give some thought to what issues, ordinances, etc. that
the Commission may want to consider.
V11. ADJOURNMENT
Member Haglund moved, seconded by Member Mueller, to adjourn.
VOICE VOTE: All in favor - motion passed.
Meeting adjourned at 9:00 P.M.
Respectfully submitted,
Thomas R. Hawk, Secretary
Approved
C
date
PLAN COMMISSION Minutes -2- November 18, 1991
pc.mnt
60
GOOF OA/(9
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9CF�ouN�+•��
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
December 16 , 1991 708 990-3000
MEMO TO: Tom Hawk . Director of Code Enforcement
FROM: Dale L. Durfey, Jr . , P. E.
SUBJECT: Flood Plain Special Use - AE:D
Revised flans were received on Friday, December 13 , 1991 . White a complete
review of the plans has not been undertaken, the Engineering Department has
calculated the compensatory storage requirements of this revised plan.
Since the property east of AEU, 600 Hunter Drive, will also be protected,
sufficient compensatory storage oil the stream side of the levee is not
provided .
Bill Lindley and Tom Schelewitz met with me this afternoon and reviewed
this subject in detail . Hill stated that they would revise the plans to
basically encircle the AED property so that the 600 Hunter Drive lot is not
flood protected . Revised plans need to be submitted and reviewed to insure
that tile. ASID site has compensatory storage.
The letter from the DuPage County Department of Environmental Concerns of
December 2 . 1991 contains many issues which are unresolved. A meeting was
originally scheduled for this afternoon with County personnel ; however , the
County called last Friday and cancelled the meeting. It is now rescheduled
for January- 7 . 1992 .
Res pec fully submitted,
P&
Dale L. Durfey. Jr . , P.E. ,
Village Engineer
DLD/etg
\tom1211;
v • or
DuNge County
DEPARTMENT OF ENVIRONMENTAL CONCERNS ALDO E. BOTTI
COUNTY BOARD CHAIRMAN
(708) 682-7130 !' l
iii4t�.':j...��'_,�j•..-.... ;' -_
December 2, 1991 s �:
Dale L. Durfey, Jr. , P.E.
.
Village Engineer
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521-2255
RE: AED Berm Proposal
615 Hunter Drive
Dear Dale:
This letter is in response to a permit application submitted
by Lindley and Sons, Inc. for construction in the floodway- of Salt
Creek. The proposed project consists of a berm to be constructed
along the east bank of the creek and is intended to protect parking
and landscaping on the site of Associated Equipment Distributors.
The proposed site plan was checked with its conformance to the new
Dupage County Stormwater and Flood Plain Ordinance. The following
list and attachments are our findings to date with this permit
review.
1. Does not meet Article 9, Section 15-112, 11, Page 36(DCSFPO) :
The developer has increased velocities at the project site and
has not provided a regional benefit from the proposed berm.
Enclosed is a summary table which shows velocities and
elevations upstream, downstream, and through the project site.
2 . Does not meet Article 9, Section 15-115, #2d, Page 41: The
developer needs to identify and delineate the boundary of the
riparian environment which includes vegetative areas within
I 50 ' of Salt Creek.
s3 . Does not meet Article 10, Section 15-132, 11, Page 45: The
developer needs to identify the 100-year flood plain and
floodway on the existing and proposed site plans.
4 . Does not meet Article 10, Section 15-133, 17, Page 47: The
developer has not shown any source of backup power to be
available for the pumps during times of electrical failure.
5. Does not meet Article 10, Section 15-133 , #8, Page 47: The
developer does not provide compensatory storage at a ratio of
1. 5: 1. In fact, compensatory storage is provided at a ratio
DUPAGF. CENTER • 421 N. COUNTY FARM ROAD • WHEATON, 11, 60187
of less than 1: 1. Also, the compensatory storage that was
provided, was not provided at the same incremental frequency
elevation as the displaced storage.
6. Does not meet Article 10, Section 15-134, 11, Page 50: Any
developer proposing development in or near mapped wetland
areas shall identify the boundaries, extent, and quality of
all wetland areas on the subject property.
7. The following items were lacking detail or not included in the
report and could not be reviewed. per Article 11, Section 15-
149, Page 58:
#lb - Site Runoff Calculations
#ic - Site Runoff Storage Calculations
#id - Schedule of Implementation
#1e - Information of Off-Site Conditions
#lf - Sediment/Erosion Control Plan
11g - Riparian Environment Submittal
8 . Enclosed with this letter is a list of inside slopes of the
berm, which vary from 12% to 30%. Because of the steep
slopes, it should be noted in the Sediment/Erosion Control
Plan, #lf above, the placement and maintenance of soil
stabilization controls to prevent undercutting the slope.
9. It is recommended that the top and bottom elevations of the
Keystone retaining wall system be included in •the site plan.
It is unclear from the landscaping plan how the contours mesh
with the wall. It would be recommended that careful attention
be paid to the trees and their root systems in the vicinity of
the retaining wall because too much fill placed above the
roots would be very harmful.
10. As an alternative, the developer may wish to consider
different landscape vegetations which would be more suitable
to the existing flow conditions and may also reduce
maintenance costs.
We appreciate this opportunity to review this permit
application. We would be happy to meet with you and/or the
developer to review these points if you feel it is necessary.
iSincerely,
Robert A. Covey
Civil Engineer
cc: Bill Lindley
Lindley and Sons, Inc.
Anthony Charlton, Dept. of Environmental Concerns
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
November 19, 1991 708 990. 3000
MEMO TO: Dale L. Durfey, Jr. , Village Engineer
SUBJECT: Flood Plain Special Use - AED;
Interpretation of IDOT Regulation
I am in receipt of your memorandum dated November 14, 1991, requesting that I
review Section 708.80(a) (4) in light of William Boyd's letter to
Tom Schelewitz which asks, in part, for "a letter from the Village of
Oak Brook stating that they agree to operate and maintain the revised floodway
per Section 708.80(a) (4) of the department's rules for floodway construction."
Although I am not familiar with AED's request for a flood plain special use, I
would note that Section 708.80(a) of IDOT's rules allows for an amendment to
the 100-year frequency flood profile and regulatory flood plain in the event
of one of the four occurrences listed in Section 708.80(a) . Assuming that
occurrences 1 through 3 of this subsection are not applicable in AED's case, a
question arises as to what Oak Brook's responsibilities would be under
occurrence 4.
I would note that occurrence 4 does require a unit of local government to
undertake some degree of responsibility to operate and maintain any
modifications or improvements made to relocate the floodway, but this unit of
local government need not be the Village, in spite of the fact that the
Village operates zoning control over the subject property. Assuming that
there is no other unit of local government which is willing to step up and
undertake any degree of responsibility, we, of course, are left with the
Village itself.
As you correctly point out in your memorandum of November 14, occurrence 4 has
two alternatives. Alternative A would require the Village to assume primary
responsibility for the operation and maintenance of the modifications or
improvements made to relocate the floodway; Alternative B would have the
Village assume responsibility in the event that the party primarily
responsible for the operation and maintenance (presumably the owner) fails to
perform that duty.
Returning to Mr. Boyd's letter, I would suggest that if:
(1) Occurrences 1 through 3 in Section 708.80(a) are inapplicable; and
dT
Flood Plain Special Use - AED - 2 - November 18, 1991
(2) there is no other unit of local government which is willing to
assume any responsibility for the operation and maintenance of any
improvements or modifications made to relocate the floodway in AED's
property;
(3) then the Village determine whether it wishes to have primary or
secondary responsibility for the maintenance and operation of the
modifications or improvements made to relocate the floodway. If the
Village opts to have a secondary responsibility, I would suggest that we
respond to Mr. Boyd by stating that upon default of the party primarily
responsible for such operation and maintenance (presumably this is AED) ,
the Village agrees that it will undertake such operation and maintenance
pursuant to Section 708.80(a) (4) of the department's rules for floodway
construction.
If you have comments or questions about this memorandum, do not hesitate to
contact me.
Res ctfully submitted,
L
Richard A. Martens
Village Attorney
RAM:sps
fpsu.ram
cc: Stephen Berley, Village Manager
Thomas Hawk, Director of Code Enforcement`_...
0 0
There was no testimony from the public.
Member Herman moved, seconded by member Martinello, to recommend denial of their request based on the find-
ings that:
a) the property can yield a reasonable rate of return without the encroachment.
b) that no unique circumstance or hardship had been demonstrated.
ROLL CALL VOTE: Ayes: Elaine Herman
Roy Martinello
Raymond White
Nays: William Kenny
Member Kenny stated that he felt that the irregular shaped lot and lack of buildable depth constituted a
hardship.
IV. ASSOCIATED EDUIPTMENT DISTRIBUTORSA( ED) _ 615 22nd Street Hunter Drive _ Flood Plain Speial Use
Public Hearing
The petitioner was represented by Mr. Thomas Schelewitz and Mr. David Gordon of A.E.D. and Mr. Bill
Lindley of Lindley & Sons.
All were sworn in by Chairman Kenny.
Several sets of photos were presented to members showing flood conditions in 1979 and 1987.
Mr. Lindley gave a presentation describing the petitioner's request which include the following:
1. A physical description of the levee system they are proposing.
2. Landscaping.
3. There will be no change upstream or downstream effecting any other property owners.
4. The proposal will not prevent a 100 year storm event from flooding the building but will have
positive effects for A.E.D. during lesser storms.
5. This property, due to upstream development and the channel dredging,
has seen an increase in the
frequency, height, and duration of flooding.
b. The petitioner is seeking not only the approval of their request but also the support of the
Village in the review process with IDOT-DWR and all the others with review authority.
Mr. Lindley answered the question of the Commission members.
Mr. Schelewitz made his remarks which were aimed at the effects of the frequent flooding including the
following:
1. Actual dollar costs were for the most part covered by flood insurance.
2. The major inconvenience in operating their business during and after flooding.
3. The potential health hazard for his employees due to the silt, debris, and sewage deposited on
the property.
He also pointed out that A.E.D. was a 27 year resident at this location and that they would very much like
to stay.
A general discussion ensued.
The review by IDOT / DWR and the County have not been received; an Lindley and Durfey have not as yet re-
solved the questions raised by Durfey.
ZONING BOARD OF APPEALS Minutes -2- November 14, 1991
mts.zba
Member White moved, seconded by Member Martinello to continue this public hearing until December 3, 1991
meeting.
VOICE VOTE: All in favor - motioned passed.
V. CONTROL OF BULK
Since the Zoning Board wishes to discuss this issue with as close to a full board as possible, Member
Herman moved, seconded by Member White to table this to the December 3, 1991 meeting.
VOICE VOTE: All in favor - motion passed.
V1. GENERAL DISCUSSION
Several members asked Mr. Hawk if it would be possible to get new copies of the Zoning Ordinance and to
place them in three ring binders for easy updating.
Mr. Hawk indicated he would do so.
V11. ADJOUNMENT
J Member White moved, seconded by Member Martinello, to adjourn.
VOICE VOTE: All in favor - motion passed.
Meeting adjourned at 9:18 p.m.
Respectfully Submitted,
Thomas Hawk, Secretary
Zoning Board of Appeals
Approved
ZONING BOARD OF APPEALS Minutes -3- November 14, 1991
mts.zba
7W
I
§ 10.32 OAK BROOK CODE
(c) Special Uses: Uses not listed above which are
permitted or special uses under the Oak Brook Zoning
Ordinance for the subject property may be allowed upon
issuance of a special use permit as set forth below. (Ord. No.
G-217, § 2, 9-27-77)
Sec. 10-33. Occupation and use of wetlands.
(a) [Generally] In wetlands only those uses will be
permitted which will not affect adversely the quantity or
quality of the public water supply, drainage, storm water
runoff or detention, or the health and safety of the village
and its environs.
(b) Permitted Uses: The uses listed in section 10-31(b) and
any other uses permitted by the applicable provisions of the
Oak Brook Zoning Ordinance which, in the opinion of the
building commissioner, will not adversely affect the public
water supply or the public health and sanitation.
(c) Special Uses: Uses not listed above which are
permitted or special uses under the Oak Brook Zoning
Ordinance for the subject property may be allowed upon
issuance of a special use permit as set forth below. (Ord. No.
G-217, § 2, 9-27-77)
Sec. 10-34. Special use permits.
(a) Required: Any use listed in this article as requiring a spe-
cial use permit may be allowed only upon application to and
issuance of a special use permit by the village.
(1) Authority: Special uses shall be authorized or denied by
the village board in accordance with the statutes of the
State of Illinois applicable to amendments of a zoning or-
dinance, and the regulations and conditions set forth in
this division for special uses. No application for a special
use shall be acted upon by the village board until after:
(i) A written report is prepared and forwarded to the
zoning board of appeals and the village board by the
plan commission in the manner prescribed in the zon-
ing ordinance for amendments to said ordinance; and
Supp. No. 30 632
0 •
I
PLANNING AND ZONING § 10-34 I�I
I
(ii) A public hearing has been held by the zoning board of
appeals, after due notice by publication as provided by f
the applicable statutes of the State of Illinois for amend-
ments to a zoning ordinance and upon a report of the
plan commission to the board of trustees, if such a
report is made.
The concurring vote of four (4) members of the plan com-
mission and/or the zoning board of appeals shall be neces-
sary to recommend in favor of any application which is
brought before the respective hearing body pursuant to
this article.
(2) Initiation: An application for a special use may be
made by any person, firm or corporation or by any
office, department, board, bureau or commission
requesting or intended to request a zoning certificate
for
property within a floodplain, as defined in this
article.
Supp. No. 30 632.1
0 •
PLANNING AND ZONING § 10-34
I
(3) Processing: An application for a special use, in such
form and accompanied by such information as shall
be established from time to time by the Village of Oak
Brook, shall be filed with the village clerk and
thereafter processed in the manner prescribed thereto-
fore for applications for amendments. j
(4) Decisions: The village board, upon report of the
zoning board of appeals and the plan commission, and
without further hearing, may authorize or deny an
application for a special use in accordance with the j
statutes of the State of Illinois applicable to amend-
ments, or may refer it back to the zoning board.-of
appeals and the plan commission for further consider- I
ation. No special use shall be authorized by the village
board unless the special use:
(i) Is so designed, located and proposed to be
operated that the public health, safety and welfare
will be protected; and
(ii) Would not cause substantial injury to the value of
other property in the neighborhood in which it is
located.
(5) Conditions: The plan commission and zoning board of
appeals may recommend, and the village board may
provide, such conditions and restrictions upon the
construction, location and operation of a special use,
as may be deemed necessary to promote the general
objectives of this article and to minimize the danger
of flood damage resulting therefrom.
(b) Procedure To Be Followed by the Plan Commission in
Making Recommendations Concerning Special Use Permits:
Upon receiving an application for a special use permit, the
plan commission shall, prior to making a recommendation
thereon:
(1) Require the applicants to furnish three (3) copies of
such of the following information, prepared by a
professional engineer or land surveyor, registered as
such in the State of Illinois, as is deemed necessary by
Supp. No. 3 633
y3
§ I U .i l OAK BROOK CODE
the plan commission for determining the suitability of
the particular site for the proposed use:
(i) flans drawn to a readable scale showing location,
nature, dimensions and elevation of the lot,
existing or proposed structures, fill, storage of
materials, floodproofing measures, and the rela-
tionship of the above to the location of the
channel, floodway and the flood protection eleva-
tion.
(ii) 'Typical valley cross-section(s) drawn to a scale of
one (1) inch to one hundred (100) feet and a
vertical scale of one (1) inch to ten (10) feet
showing the channel of the stream, elevation of
land areas adjoining each side of the channel,
cross-sectional areas to be occupied by the
proposed development, and high water elevation.
Cross-section intervals shall not exceed one
hundred (100) feet.
(iii) Plans (surface view) showing elevations or con-
tours of the ground; pertinent structure, fill or
storage elevations; size, location and spatial
arrangement of all proposed and existing struc-
tures on the site; location and elevations of
streets, water supply, sanitary facilities; soil
types; and other pertinent information. Contours
shall be shown at one-foot intervals.
(iv) Photographs showing existing land uses and
vegetation upstream and downstream.
(v) A profile showing the slope of the bottom of the
channel or the flow line of the stream.
(vi) Specifications for filling, grading, dredging, chan-
nel improvements, storage of materials, water
supply and sanitary facilities.
(2) Transmit one copy of the information described in
subsection (b)(1) to the village engineer for technical
assistance, where necessary, in evaluating the pro-
posed project in relation to flood heights and
Supp. No. 3 634
i
PLANNING AND ZONING § 10-34
velocities; the seriousness of flood damage to the use;
the adequacy of the plans for protection; and other
technical matters.
(3) Based upon the technical evaluation of the village
engineer, determine the specific flood hazard at the
site and evaluate the suitability of the proposed use in
relation to the flood hazard.
(c) Factors Upon Which the Recommendations of the
Zoning Board of Appeals and the Plan Commission Shall
Be Based: In making recommendations upon applications
for special use permits, the zoning board of appeals and the
plan commission shall consider all relevant factors specified
in other sections of this article, including but not limited to
the following:
(1) The danger to life and property due to increased flood
heights or velocities caused by encroachments;
(2) The danger that materials may be swept onto other
lands, or cross-stream, upstream or downstream to the
injury of others;
(3) The proposed water supply and sanitation systems
and the ability of these systems to prevent disease,
contamination and unsanitary conditions;
(4) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owners;
(5) The importance of the services provided by the
proposed facility to the community.
(6) The requirements of the facility for a waterfront
location;
(7) The compatibility of the proposed use with existing
development and development anticipated in the
foreseeable future;
(8) The relationship of the proposed use to the compre-
hensive plan and floodplain management program for
the area;
Supp. No. 3 635
1l) ,31 OAK BROOK CODE
(J) The safety of access to the property in times of flood
for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters expected at
the site; and
(11) Such other factors which are relevant to the purposes
of this article.
(d) Conditions Attached to Special Use Permits: Upon
consideration of the zoning board of appeals and the plan
commission recommendations, the factors listed above, and
the purpose of this article, the president and board of
trustees may by ordinance grant, deny or attach such
conditions to the granting of special use permits as they
deem necessary to further the purposes of this article.
Among such conditions, without limitation because of
specific enumeration, may be included:
(1) Modification of waste disposal and water-supply
facilities;
(2) Limitations on periods of use and operation;
(3) Imposition on operational controls, deposit of surety
bonds and deed restrictions;
(4) Requirements for construction of channel modifica-
tions, dikes, levees and other protective measures; and
(5) Floodproofing measures designed to be consistent with
the flood protection elevation for the particular area,
flood velocities, durations, rate of rise, hydrostatic and
hydrodynamic forces, and other factors associated
with the 100-year flood. In this event, the president
and board of trustees shall require that the applicant
submit a plan or document certified by a registered
structural engineer that the floodproofing measures
are consistent with the flood protection elevation and
associated flood factors for the particular area and
shall be provided in accordance with the standards for
coinpletely floodproofed structures contained within
the United States Army Corps of Engineers publica-
Supp. No. 3 636
�%Chi
•
I
PLANNING AND ZONING § 10-35
tion, "Flood-Proofing Regulations," June, 1972, GPO:
1973 0-505-026 edition, or any subsequent edition
thereof. (Ord. No. G-217, § 2, 9-27-77; Ord. No. G-364, § 2,
9-10-85)
Sec. 10-36. Variations.
(a) [President and Board of Trustees May Grant:]
Variations to the provisions of this article may be granted
by the president and board of trustees upon recommendation
by the zoning board of appeals.
(b) Authority: The board of trustees shall decide all applica-
tions for variations of the provisions of this division after a public
hearing held before the zoning board of appeals on such notice as
shall be required by the Illinois Statutes for zoning variations.
The zoning board of appeals shall hold public hearing upon all
applications for variations and shall report its recommendations
to the board of trustees as to whether a requested variation
would be in harmony with its general purpose and intent, and
shall recommend a variation only where it shall have made a
finding of fact specifying the reason or reasons for recommending
the variation. Such findings shall be based upon the standards
prescribed in subsection (e) below. No variation shall be granted
by the board of trustees without such findings of fact. The con-
curring vote of four (4) members of the zoning board of appeals
shall be necessary to recommend in favor of the. requested varia-
tion. In the case of a variation where the zoning board of appeals
fails to recommend the variation, it can only be adopted by an
ordinance with the favorable vote of two-thirds of the trustees.
(c) Initiation: An application for a variation shall be in
triplicate and may be made by any governmental office,
department, board, bureau or commission, or by any person,
firm or corporation having a freehold interest, a possessory
interest entitled to exclusive possession, a contractual
interest which may become a freehold interest, or any
exclusive possessory interest applicable to the land or land
and improvements described in the application for a
variation.
(d) Processing: An application for a variation shall be
filed with the village clerk who shall forward one copy of
Supp. No. 30 637
4 l0 f�i OAK BROOK CODE
such application to the zoning board of appeals for
processing in accordance with applicable statutes of the
State of Illinois and one copy to the board of trustees.
(e) Standards: The, recommendation of the zoning board I
of appeals and the decision of the president and board of
trustees on an application for a variation to the provisions
of this article shall be based on the following standards, the
burden of showing to be borne by the applicant:
i
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variation
would result in exceptional hardship to the applicant;
and
(3) A determination that the variation will not result in
increased flood heights, additional threats to public
safety, extraordinary public expense, create nui-
sances, cause fraud on or victimization of the public,
conflict with other existing ordinances, or conflict with
the intent of this article.
(t) [C'ottditiorts and Restrictions:) The zoning board of
appeals may recommend and the board of trustees may
re(p.dre such conditions and restrictions upon the premises
benefited by a variation as may be necessary to comply with
the standards set forth in this section to reduce or minimize
the injurious effect of such variation upon other property in
the neighborhood, and to implement the general purpose
and intent of this article.
(g) lInsurarice rates:] The village shall inform applicants
for variations that should a variation be granted to build a
structure with its lowest floor below the base flood
elevnHon, it could result in flood insurance premiums as
high as twenty-five dollars ($25.00) per one hundred dollars
($100.00) of insurance coverage.. (Ord. No. G-217, § 2,
9-27-77; Ord. No. Cx-277, § 7, 1-27-81; Ord. No. G-364, § 3, 9-10-85)
Sece- 10-36---10-45. Iteeerved.
Supp. No. 30
638
� pGE OF Oqk 9q
t
O �
COUN��'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 3 . 1991 708 990.3000
Mr . Tony Charleton
DuPage County Department of
Environmental Concerns
421 N. County Farm Road
%heaton. Illinois 60189
RE: Flood Plain Special Use - AEU
Dear Tony:
Several days azo . you called me and we discussed the proposal for a
floodproofing berm for the AED property at 615 Hunter Drive in Oak Brook .
At that time . I had not received the application and had not started my
review. I did receive the application yesterday and have subsequently
started my review.
The proposal calls for the construction of a floodproofinP berm within the
Salt Creek floodway. Since you i-:er•e sent a copy of the complete IDOT
application by Bill I.indley . you are familiar with their proposal . In
keepin• with the concept within the recently adopted Countywide Stormwater
Ordinance . thy: Village of Oak Brook would like the County to review this
application since it involves work within the floodway . I assume your
analysis will also be analyzing- this proposal utilizin^ the FEQ Salt Creek
Model which you currently have in your offices . During our discussions .
,you ,stated that it should be fairly simple for you to add any cross-
sections needed from this proposal into ,your model and analyze the results .
Upon the conclusion of your review. would you please forward a report to
the Villaze detailing• what you analyzed . how you analyzed them. and your
conclusions and recommendations .
Since the recently adopted Countywide Ordinance is very- new and we are
still stru-.--zlinq with its implementation. I assume that you will bill the
Villaze of Oak Brook for your review services . If some other arrangement
is to be mane . please let me know as soon as you are aware of it .
October 3 . 1981
Page 2
I Look forward to working with you and other County staff on this
application.
Sincerely.
Dale L. Durfey. Jr . . P . E. .
Villaeze Engineer
DLD/etr
cc : Stephen Berle.y. Villacze Manager
Tom Hawk . Director of Code Enforcement
Bill Lindley. Lindley - Sons . Inc .
P
COUN�,,,
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 3 . 1991
708 990.3000
Mr . Bill Boyd
Illinois Department of Transportation
Division of Water Resources
201 W . Center Court
Chicano . Illinois 60196
RE: Flood Plain Special lase-aED
Dear Bill :
This will confirm our telephone conversation of this afternoon regarding
the above stated subject . You stated that your staff is reviewing the
application and the steady- state model supplied by Bill Lindley. You
stated that you would check with ,your supervisor as to whether or not the
submittal of a dynamic model was required. You said that .you found some
initial problems with some of the Lindley data in the computer program and
would be gettine- back to Bill with these and any other comments you find.
You also mentioned the maintenance requirement in part 708 . 80 (A) ( 4 ) within
your floodway rules and re��ulations . This states that the Village of Oak
Brook would have to agree to maintain the floodway if the applicant does
not . This might already be an Oak Brook requirement due to the
Village/ IDOT agreement regarding the recently completed IDOT Dredging
Project . You and 1 should both review this particular subject so that an
ae-reed upon conclusion as to this maintenance responsibility is clearly
understood by all parties .
You said that it would probably take more than a month from now before the
project would be permitted. assuming it meets your rules and regulations .
I have asked the County to review this proposal for the Village of Oak
Brook since it deals with the floodway of Salt Creek and modelling
capabilities which the Village does not have . I hope that you . the County .
and the Village can all work together in the review of this application.
Sin zrely
v
Dale L . Durfey. Jr . . P. E. .
Village Engineer
DLD/etg
cc : Stephen Berley. Village ManagerV
Tom Hawk. Director of Code. Enforcement
Bill Lindley. Lindley & Sons . Inc.
YORKSHIRE WOODS PROPERTY OWNERS ASSOCIATION
57 YORKSHIRE WOODS, OAK BROOK, ILLTNOTS 60521 708/530-5802
MARY THOMPSON - President Mary Ann Arazan - Former President
JANE DUDEK - Vice President Bernard Dudek
MARY SMRHA - Secretary Thomas RichArdson
RICHARD SCHRIK - T[Qnsuror
November 11 , 1991
Karen M. Bushy, President
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
Dear Mrs. Bushy:
Re: Associated Equipment Distributors,
Flood Plain Special Use
We appreciate the concerns of Associated Equipment Distributors, just
as we do all property owners whose homes or businesses experience
flooding problems, particularly those homeowners in Yorkshire Woods
and Timber Trails.
Tom Hawk, Director of Code Enforcement, has described the A.E.D.
proposal as "A very progressive approach to dealing with a flooding
problem. " He also said, "Some of the details of the proposal bump
into some of the building codes," (such as compensatory storage, )
"but the principle of the plan is in line with the code: to protect
a property owner from flooding without hurting anybody else. " We do
not disagree.
In order to assure that the flood-proofing plan proposed by A.E.D.
does not negatively impact other property along Salt Creek, we urge
the Village to withhold its consideration of the plan until it has
been reviewed by experts at the various approval agencies. Any other
action would set a precedent and could hurt others along the creek.
I would like to take this opportunity to thank you, the Board, and
the staff for your efforts to bring about effective flood protection
to Oak Brook residents . We continue to strongly support your
efforts.
Yours truly,
Mary Th pson
Copies to:
Board of Trustees
r
Plan Commission
Im `�� r= _'yl 5' O
Zoning Board
Village Manager NOV 1 5 191
Timber Trails Homeowners Association
VILLAGE OF OAK EIROOK
dUF EAU OF INSPECTIOtt
1
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
November 14 , 1991 708 990- 3000
MEMO TO: Toro Hawk, Director of Code Enforcement
FROM: Dale L. Durfey, Jr . , P.E.
SUBJECT: Flood Plain Special Use - AED
Since the Plan Commission of October 21 , 1991 , the following issues and
actions have taken place:
1 . On November 8 , 1991 , I contacted Tony Charleton of DuPage County
and inquired of their statics concerning their review of this issue.
Tony replied that they were in the process of running the FEQ
Computer Model and would need a couple more weeks before they would
have their conclusions . Therefore, Tony said that as of the Plan
Commission meeting of November 18 , 1991 , the County would still be
reviewing the application.
2 . We received a copy of a letter dated November 1 , 1991 from William
T. Boyd of IDOT to Tom Schelewitz of AEU listing five ( 5 ) specific
points . Points 1 , 2 , 3 , and 5 relate to technical submissions
and/or revisions which the State needs from the applicant . Point
4 , however , states that "A letter from the Village of Oak Brook
stating that they agree to operate and maintain the revised
floodway per section 708. 80(a) ( 4) of the department ' s rules for
floodway construction" . IDOT is apparently requiring that the
Village agree to operate and maintain the floodway which in this
case is entirely within private property. I am attaching a copy of
Section 708. 80( a) for your reference.
Subparagraph A) would have the Village of Oak Brook primarily
responsible for operation and maintenance of the floodway on this
private property. Subparagraph B) would have the property owner
as the primarily responsible party but have the Village as a
secondary responsible party should the primary party default . It
seems somewhat inappropriate for the Village of Oak Brook to agree
to maintain any private property relative to the proposed
development of a private individual . I am also forwarding this
questions to Village Attorney Martens for his legal review
concerning the appropriateness of IDOT ' s request .
33
Mr . Tom Hawk
November 14 , 1991
Page 2
3 . Mr . Boyd ' s letter also states that the proposed construction
results in a loss of the 10 to 100-year floodway storage which is
not permissible. This comment is in keeping with comment 5 of my
October 17 . 1991 memo which states that the proposed compensatory
storage does not meet the Village ' s requirements of having a 1 to 1
ratio.
4 . The applicant needs to apply for and receive a Conditional Letter
of Map Revision (CLOMR) from FEMA prior to commencing any
construction activity. This , of course, assumes that IDOT and the
Village approve this application.
5. The applicant must address the eleven factors within the Floodplain
Ordinance.
Since it appears that we are some time away from the final comments from
both IDOT and the County, it again appears appropriate to table this item
to the December 16th Plan Commission meeting.
Respe tf;ly ubmitted,
Dale L. Durfey, Jr . , P.E. ,
Village Engineer
DLD/etg
Attach.
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
— NOTICE OF ADOPTED RULES
7
` y
12) For public flood control projects, the permitting
_l requirements of this section will be considered met if the
applicant can demonstrate to the Department through
hydraulic and hydrologic calculations that the proposed
project will not singularly or cumulatively result in
increased flood heights outside the project right-of-way or
easements for all flood events up to and including the
100-year frequency event.
13) If the appropriate use would result in a change in the
regulatory floodway location or the 100-year frequency flood
elevation, the applicant shall submit to the Department and
to FEMA all the information, calculations and documents
necessary to be issued a conditional regulatory floodway map
revision and receive from the Department a conditional
J
approval of the regulatory floodway change before a permit
is issued. However, the final regulatory floodway map will
not be changed by the Department until as-built plans are
J
submitted and accepted by FEMA and the Department. In the
case of non-government projects, the municipality in
incorporated areas and the county in unincorporated areas
- must concur with the proposed conditional regulatory
floodway map revision before Department approval can be
given.
14) All engineering analyses shall be performed by or under the
supervision of a registered professional engineer, except in
_I the case of a federal project.
J 15) All dams, as defined by 92 Ill . Adm. Code 702, shall meet
the permitting requirements of Part 702 (Construction and
Maintenance of Dams) .
Section 708.80 Changes to the Regulatory Floodway
J a) The 100-year frequency flood profile and regulatory floodway shall
not be changed by the Department unless one of the following has
occurred:
J1 ) The original regulatory floodway delineation is shown by the
applicant's engineer to be in error based upon a review of
'—- physical data or the mathematical model ;
i 2) There are changed conditions such as changes in land use or
�� modifications to the ground elevations which require
ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
NOTICE OF ADOPTED RULES
modification of the original regulatory floodway
computations;
i
— 3) A public flood control project has been constructed and is
operable; or
_ 4) The unit of local government exercising zoning control over
an area within its corporate limits proposes or concurs in
7 the proposal that the floodway storage or conveyance be
relocated to facilitate development and a unit of local
government will either:
A) Assume responsibility to operate and maintain any
modifications or improvements made to relocate the
floodway; or
—I B) Have the right and will agree, upon default of the
party primarily responsible for such operation and
maintenance, to undertake such operation and
maintenance.
b) Any person contesting the correctness of the delineation shall be
given an opportunity to submit his or her own technical evidence
of error or changed conditions . The Department will review the
technical evidence to determine the correctness of the delineation.
c) Effective regulatory floodway conveyance or storage can be
relocated by moving the regulatory floodway delineation onto the
=I existing flood fringe property if the following criteria are met:
1 ) It must be shown through engineering calculations that the
new regulatory floodway storage or conveyance gained
effectively compensates for lost regulatory floodway storage
or conveyance;
2) If the affected property is other than the applicant's or is
subdivided or proposed to be subdivided, covenants shall be
obtained and recorded on the affected properties to assure
that they are maintained with the existing and future
Jowner's agreement as regulatory floodway storage or
conveyance areas;
3) The regulatory floodway map is revised to include the new
area as regulatory floodway; and
4) A notice of such regulatory floodway map change is recorded
II' with the affected parcel in the county recorder's office.
'. ILLINOIS REGISTER
DEPARTMENT OF TRANSPORTATION
' NOTICE OF ADOPTED RULES
d) After receipt of conditional approval of the regulatory floodway
change and issuance of a permit, construction as necessary to
change the regulatory floodway designation may proceed but no
buildings or structures or other construction that is not an
appropriate use may be placed in that area until the regulatory
floodway map is changed. The regulatory floodway map will be
revised upon acceptance by the Department and FEMA of the
"as-built" plans.
e) The Department may require deed restrictions, performance bonds or
sureties, as-built certification or maintenance guarantees to
--� assure projects are built according to permitted plans.
f) All field surveys as required by this Part shall be conducted
under the supervision of a registered professional engineer or
!� registered land surveyor, and shall be so sealed. All required
engineering analyses shall be conducted under the supervision of a'
registered professional engineer or in the case of a federal
project, by the federal agency and shall be so sealed or stated.
(Source: Amended at 13 Ill . Reg. , effective June 1989.)
N Section 708.90 Delegation to Municipalities and Counties
a) NO UNIT OF LOCAL GOVERNMENT, INCLUDING HOME RULE UNITS, MAY ISSUE
A BUILDING PERMIT OR OTHER APPARENT AUTHORIZATION FOR ANY
PROHIBITED NEW CONSTRUCTION WITHIN THE REGULATORY FLOODWAY
(Section 18g of the Act) .
b) The Department will delegate to municipalities within incorporated
areas and to counties within unincorporated areas the Department's
authority to issue permits in accordance with this Part for
non-governmental activities, upon determination by the Division
that the following conditions have been met:
1 ) The municipality or county is participating in the regular I,
phase of the National Flood Insurance Program;
2) The municipality or county has enacted an ordinance that
adopts requirements at least as restrictive as this Part; and
3) The municipality or county has enacted an ordinance which
requires that all proposed regulatory floodway projects are
reviewed under the supervision of a• registered professional
engineer under the employ or contract of the municipality or
county and, in the case of appropriate uses, so stated in
writing by that registered professional engineer to meet the
specific requirements of Section 708.70.
Illinois Department of Transportation
Division of Water Resources
201 West Center Court/Schaumburg,Illinois/60196-1096
November 1, 1991
Subject: DOWR Application No.: 910331
Applicant: Associated Equipmenmt Distributors
Project: Proposed Berm
Watercourse: Salt Creek
Community: Oak Brook
Mr. Tom Schelewitz
Associated Equipment Distributors
615 Hunter Drive
Oak Brook, Illinois 60521
Dear Mr. Schelewitz:
Thank you for the application for permit for the above referenced
project located in Oak Brook. According to the application you
propose to place a berm around the property to protect the parking
lot and the yard of Associated Equipment Distributors (AED). Due to
the fact that the site of the proposed construction is located
within the floodway of Salt Creek an Illinois Department of
Transportation/Division of Water Resources permit is required.
The information submitted with the application is not sufficient for
us to continue the review. In order for us to continue the review
of your application you need to submit the following information:
1) Revised base line hydraulic model with modified
cross-section data which reflects the entire floodplain.
Cross-sections 67874, 68023, 68180 and 6831 only reflected
a portion of the floodplain geometry. As a result the
program inserted vertical walls at the point when the
profile exceeded the survey data and much of the
floodplain storage and conveyance was not represented in
the analysis.
2) Modified grading plan which shows the following
a) floodway delineation from the IDOT/DOWR state
regulatory maps
b) modified existing floodway delineation
c) proposed floodway delineation
3) Revised cross-section plots which show the limits of the
modified existing floodway and the proposed floodway.
4) A letter from the Village of Oak Brook stating that they
agree to operate and maintain the revised floodway per
section 708.80(a)(4) of the Department's Rules for
Floodway Construction (copy enclosed).
0
Mr. Tom Schelewitz
November 1, 1991
Page Two
5) Revised storage caculations which includes that portion of
the berm which runs parallel to 22nd Street.
Be advised that your current submittal shows that the proposed
construction results in a loss of the 10 to 100-year floodway
storage which is not permissible.
i
The review of your application can continue after we receive the
requested information.
If you have any questions I can be reached at (708)705-4341.
Sincerely,
William T. Boyd
Civil Engineer
Northern Technical Analysis and Regulation Unit
WTB:gw 2477w
cc: Oak Brook
DuPage County D.E.C., (Tony Charlton, Rob Covy)
Lindley & Sons
Federal Emergency Management Agency
�7
rn
Illinois Department of Conservation
life and land together
LINCOLN TOWER PLAZA • 524 SOUTH SECOND STREET • SPRINGFIELD 62701-1787
CHICAGO OFFICE • ROOM 4-300 • 100 WEST RANDOLPH 60601
BRENT MANNING, DIRECTOR
ENDANGERED SPECIES CONSULTATION
AGENCY ACTION REPORT
Date Submitted: PROJCODE:
October 29. 1991 Date Due
For Office Use Only
Agency Name: VILLAGE OF OAK BROOK
Contact Person: Dale L. Durfey, Jr. , P.E. Phone: (708) 990-3010
Agency Address: 1200 Oak Brook Road
Oak Brook, Illinois 60521
DESCRIBE PRECISE LOCATION OF PROPOSED ACTION
County(i es) : DuPage
City/Town: Oak Brook
Township/Range/Section: Township 39 North, Range 11 East, Southwest Quarter Section 24
U.S.G.S. Quad Map Name(s) : Hinsdale
Brief Description of the Proposed Action: Associated Equipment Distributorsutors
corporate office has requested a Flood Plain Special Use to regrade and build a levee
around their building and parking lot adjacent to Salt Creek. 615 Hunter Drive, Oak Brook,
Illinois, 60521
Please enclose a map delineating the location of the proposed action.
FOR NATURAL HERITAGE USE ONLY
.> Y
QUADCODE(S) : 71�
Are there threatened/endangered species or n
'atural areas Located within the vicinity of the project? t Yes �`o
( �
The consultation process is terminated? ! Ye 1 No ]
If 'No', complete the enclosed Detailed Ageffcy Action Report to continue the consultation process.
Evaluation Approved by:
Deanna Glosser, Ph.D. Date
Endangered & Threatened Species Program Manager
;1,10
y
PROJECT LOCATION
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LOCATION MAP
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P 90
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FCOUNtr'
VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 29, 1991 708 990-3000
Illinois Department of Conservation
Division of Natural Heritage
524 South Second Street
Springfield, Illinois 62701-1787
RE: Flood Plain Special Use - AED
Gentlemen:
Enclosed please find your "Endangered Species Consultation Agency Action
Report" form which I have filled out . Associated Equipment Distributors
corporate offices in Oak Brook are proposing to regrade their property and
construct a levee to protect them from flooding from Salt Creek. They
presently have an application for Flood Plain Special Use before the
Village of Oak Brook which we are considering. I recently became aware of
your requirement that these types of applications need to be reviewed by
you.
Please review this item and let me know your determination as soon as
possible.
Since a y,
Dale L. Durfey, Jr . , P.E. ,
Village Engineer
DLD/etg /
cc: Tom Hawk, Director of Code Enforcement V
Official File
Bill Lindley, Lindley & Sons , Inc.
Illinois Department of Conservation
life and hind together
LINCOLN TOWER PLAZA • 524 SOUTH SECOND STREET • SPRINGFIELD 62701-1167
CHICAGO OFFICE • ROOM 4-300 • 100 WEST RANDOLPH 60601
BRENT MANNING,DIRECTOR
ENDANGERED SPECIES CONSULTATION
AGENCY ACTION REPORT
Date Submitted: October 29. 1991 PROJCODE:
Date Due:
For Office Use Only
Agency Name: VILLAGE OF OAK BROOK
Contact Person: Dale L. Durfey, Jr. , P.E. Phone: (708) 990-3010
Agency Address: 1200 Oak Brook Road
Oak Brook, Illinois 60521
DESCRIBE PRECISE LOCATION OF PROPOSED ACTION
County(i es) : DuPage
City/Town: Oak Brook
Township/Range/Section: Township 39 North, Range 11 East, Southwest Quarter Section 24
U.S.G.S. Quad Map Name(s) : ,Hinsdale
Brief Description of the Proposed Action: Associated Equipment Distributors
corporate office has requested a Flood Plain Special Use to regrade and build a levee
around their building and parking lot adjacent to Salt Creek. 615 Hunter Drive, Oak Brook,
Illinois, 60521
Please enclose a map delineating the location of the proposed action.
FOR NATURAL HERITAGE USE ONLY
QUADCODE(S) :
Are there threatened/endangered species or natural areas located within the vicinity of the project? [ Yes No ]
The consultation process is terminated? l Yes j No 7
If 'No', complete the enclosed Detailed Agency Action Report to continue the consultation process.
Evaluation Approved by:
Deanna Glosser, Ph.D. Date 3
Endangered & Threatened Species Program Manager
PROJECT LOCATION
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LOCATION MAP
LLGAL IIJII�L
V� FLy OAK BROOK
DU PARK'NOTICE
�OF �RI IC COUHFARINP INO
NOTICE IS HEREBY GIVEN that aof Of before the
Zoning Board d Appeals at the VXlags Oakak Brook
ok.DuPage
and Cook Counties.IpYroM.will be Mid on November 5,1991 at
730 p.m.in the Oak Brook Village Hal,1200 Oak Brock Road,
IBlncs, for IM purpose of considering the application of
Associated Equipment Distributors for various relief as follows: /V/ L
11 approval of a I"Plain Spedai Use Permit as provided
under section 10-34 of the VIKage Code to allow construction of
a levee and cher land ions, and various drainage.
structures within the Sell CreeCtoo k Flood Plain and Floodway and
21 any other relief as may be necessary to accomplish the
�.The properly may be and the described a3 ion 22nd ILISHER S CERTIFICATE
Street, Oak Break,IOMtob, and the legal description Is as f
follows.
I
That pan of the Southwest Ouarter of Section 24
Township 39 North, Range 11, East of the Third
Principal Meridian,DuPage County Illinois,being more
tufty described as follows: Commencing at the
Southeast Corner ol the Southwest Quarter of said
Section 24;thence South 89 degrees 36 minutes 25 notice, a true copy of which is attached to this certificate,
seconds,West sitting the South line of the Southwest
quarter of said Section 24,said line also being the
center line of 22nd Street a distance of 1185.0 feet; ce each week for . Qr e , weeks successively; that the
1' thence North 0 degrees 23,minutes 35 seconds West a
distance d 85.37 be to a poke on the North right of way 9th
Ine of 22nd Street(Cermak road)said point also being . . . . . . . . . . . da of . OctoberA. D.
D 9
on the Westerly One of a dedicated road, recorded Y A. D. 19 9�. . . , and
March 21,1962 as document Number R62.7996;thence
continuing North 0 degrees 23 minutes 35 seconds vas the . . . . . . . . . . . day of• • , , • , , , , , , A. D. 19
West,along the Westerly line of said dedicated road,a
distance o1 50.02 feet;thence North 86 degrees 57
minutes lyofaseconds West along a line which is with
loot
nd :D That THE DOINGS is a secular newspaper of general
Northerly of as measured parallel with and
perpendicular to.the Northerly right of way line of 22nd
Street(Cermak road)a distance of 387.52 feet lora a Villages of Hinsdale, Clarendon Hills, Oak Brook, Burr
place of beginning;thence continuing North 88 degrees
57 minutes 39 seconds West along the previously irien and Oakbrook Terrace and circulated generally in the
described line a distance of me Soule Oak Brook,Burr Ridge,Willowbrook and Cities of Darien
89 degrees 36 minutes 25 seconds thence
Wesl along a line ,
which is 50.0 lad Northerly of as measured parallel with
and perpendicular to the Northerly right of way line of unincorporated and incorporated areas and in DuPage and
22nd street a distance of 46.26 feet;thence North 0 f
degrees 23 minutes 35 seconds West a distance of areas; that said THE DOINGS is a``newspaper"as defined
214.26 feet;thence North 52 degrees 43 minutes 55
de ones Est a distaninutes ce
of 304.52 feet;thence
ole South o vided for such situations,to wit;by Section 5 of"An Act to
409.92 feet to IM place of beginning,in DuPage County 1874,Feb. 13,R.S. 1874, P. 723 § 5 as amended 1959 Ju-
Illinois a4 „ f f ,
Permanent Parcel e0624307-010, also a newspaper as defined by Section 1 of"An Act con-
All persons desiring to be heard in support o1 or in opposition „
to the proposed reliel or any provision thereof,will be afforded s, 1909,June 8,Laws 1909 p. 288 § 1 as amended 1927,
an opportunity to do so and may submit their statements orally f , ,
or in writing or both.The hearing may be recessed to anolher as further amended 1945 April 12 Laws 1945, p. 1089,
1u1 �'
date if notice of time and place thereof is publicly announced at f f
the hearing or is given by newspaper publication not less than y Laws 1957, . 2270
live(5)days prior to the date of the recessed hearing. f !' L , j�t/ 1, and as further amended
The petition application is on file with the Village Clerk and 1 1; and that said THE DOINGS has
with the Director d Code Enforcement. Persons wishing to been continuously
examine the petition documents may arrange to do so with the Ist once each week with a minimum of 50 issues per year
Director of Code Enforcement,Thomas Hawk, 1212 Oak Brook
Road.990-3045 Iblication of the attached notice.
Linda Gonnella
Village Clerk WITNESS WHEREOF one of the co-publishers of said
Published at the direction of the Corporate Authorities and the
Zoning Board d Appeals d the Village of Oak Break.DuPage f p
and Counties,Illinois. THE DOINGS has affixed his hand and seal this
Published in The Doings October 9,1991.
yof . . .QQtQhQr . . . . . . . . . . . . . . . . . .. A.D. 19 91. . . .
Publishers Charge . . . 71.44 • • , •
. . . . . . . . . . . . . . . . . . . . . . .
Publisher
�Z1
OF Oqk 9
"P ACO
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9cF �♦y
COUNtV
V1 LLAG E OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 17 , 1991
708 990-3000
MEMO TO: Tom Hawk, Director of Code Enforcement
FROM: Dale L. Durfey, Jr . , P.E.
SUBJECT: Flood Plain Special Use - AED
I have preliminarily reviewed the Flood Plain Special Use Application which
I received on October 2 , 1991 and offer the following comments :
1 . The AED property is located within the Salt Creek flood plain and
is also within the Salt Creek floodway. Appendix 7 of the Lindley
report depicts the property on the FEMA FIRM map and also on the
FEMA FLOODWAY map. The FEMA Flood Insurance Study depicts a
varying 100-year high water level through this area as between
657 . 9 - 657 .3 . The IDOT Regulatory Flood maps also depict a
varying 100-year high water level as between 657 . 8 - 657 . 1 .
Please keep in mind that these maps are the original flood plain
and floodway maps from 1981 and do not reflect the recent dredging
accomplished by the State. The County is hopeful to re-map Salt
Creek within the next few years , but until they do, these maps are
the currently used regulatory maps by the various regulatory
agencies .
2. Because the area is within the Salt Creek floodway, the applicant
has made application to IDOT. I have spoken with Bill Boyd who is
reviewing the application in Schaumburg regarding their progress .
Bill informed me that IDOT is requesting additional information
from Bill Lindley, the applicant ' s engineer , and that they are
still unsure of whether or not they will require the applicant to
provide a dynamic computer model as opposed to the submitted steady
state computer model . Bill stated that they are approximately one
to two months away from IDOT issuing a permit if the application is
found to be acceptable.
3 . I have also formally requested from DuPage County their review,
analyzation and recommendations concerning this proposal . This is
in keeping with the concept within the recently adopted Countywide
Stormwater Ordinance since it involves work within the floodway.
The County currently has the FEQ dynamic model within their files
which they can run with this application to see if there are any
adverse impacts . As of this date, I have not received a reply from
DuPage County on my request and the.ir analyzation.
Mr. Tom Hawk
October 17 , 1991
Page 2
4 . The proposal calls for the construction of a levee with a top
elevation of 657 .0 to protect the parking lot , building, and Hunter
Drive from the frequent flood events. You can see that the area
still will flood in the 100-year flood; the applicant ' s desire is
to not totally remove this area from the flood plain, but only keep
his building and parking lot usable in the more frequent and less
high flood events.
Many of the existing trees on the site will be removed and a
proposed landscaping plan includes some replacements.
The area behind the levee will be drained by a pump with a pumping
rate of 200 gallons per minute. This rate equates to 0.45 cfs .
Since the area behind the levee is approximately 2 acres , this
equates to 0.23 cfs per acre.
5. The Engineering Department has calculated the existing flood plain
volume on the site up to elevation 657 as 13 .3 acre feet . The
proposed compensatory storage volume up to elevation 657 calculates
to 7 .7 acre feet . Consequently, the proposal does not meet the
Village ' s requirement of having a 1 : 1 compensatory storage ratio.
The newly adopted DuPage County Flood Plain Ordinance requires a
1 . 5: 1 compensatory storage ratio. This issue should be part of the
discussion which we receive back from DuPage County.
6. Many questions and details remain to be addressed to the applicant
and his engineer . Examples include drawing the property lines onto
the Engineering drawings, defining what work is proposed to be done
off of the site, and are the proposed depressional areas behind the
levee and the 200 gallon per minute pump sufficient to handle a
100-year rain event regarding detention purposes .
7 . DuPage County is currently proceeding with a Salt Creek Watershed
Plan which includes projects known as Alternative 7 ( the Elmhurst
Quarry and the Wood. Dale-Itasca Reservoirs are part of this plan) .
Preliminary information received from the County states that , if
Alternative 7 is constructed, the 100-year high water level of Salt
Creek at 22nd Street will drop by approximately 1 .3 feet . If those
projects do get constructed and the 100-year flood level drops by
that amount , the levee will remove the greater portion of the .
property from the 100-year flood plain. The question then becomes
whether the applicant needs to construct this much of an
improvement to protect himself from the more frequent and less high
storm events .
N
Mr . Tom Hawk
October 17 , 1991
Page 3
8. The concept of floodproofing as espoused by the various regulatory
agencies is one of floodproofing buildings rather than entire lots.
For instance, IDOT allows the floodproofing of a building up to
approximately ten ( 10 ' ) feet beyond the outside wall and does not
require compensatory storage ( it seems unfair to require
compensatory storage of a singular building when our goal is to
reduce flood damages to people' s homes and businesses.
Additionally, an individual structure has a miniscule volume
compared to the flood plain) . This application, however, is going
beyond the normal idea of floodproofing and is not only
floodproofing the building but the parking lot and much of the rest
of the lot as well . If sufficient compensatory storage can be
found and the respective computer models show no adverse affects,
then this application should be approved. However , it appears that
compensatory storage may be a problem as well as other issues which
are currently being reviewed.
In light of the many outstanding issues, it seems appropriate that the Plan
Commission hear the presentation by the applicant and his engineer , enter
into initial questions and discussions , and then table this application to
the November Plan Commission meeting.
Respeqflflly submitted,
Dale L. Durfey, Jr . , P.E. ,
Village Engineer
DLD/etg
1�
LEGAL NOTICE k Nm:Louis R.Main LEGAL NOTICE
VILLAGE OF OAK BROOK LEGAL NOTICE OuPage County Atlbrnsy Na 77700 STATE OF ILLINOIS COUNTY OF DU PAGE
OU PAGE AND COOK COUNTIES,ILLINOIS STATE OF ILLINOIS COUNTY OF OU PAGE Address:115 E.First SL IN THE CIRCUIT COURT OF THE
NOTICE OF PURI IC DARING IN THE CFKAAT COURT OF THE
EIGHTEENTH ALWCIAL CIRCUIT �Him EIGHTEENTH JUDICIAL CIRCUIT
Published in Phone:709 32:46600 ESTATE OF
NOTICE IS HEREBY GIVEN that a pubic heat"bNors the Doig October 2,9 and 16,1991 Louse V.Pagano,Deceased Case No.91P 0957
Notice is given of the death of Louise V. Pagano whose
Zorwng Board of Appeals d the Villags of Oak Brook DuPage ESTATE OF i address was 21 Spinning Wheel Road,Hinsdale.Illinois.
and Cods Counties Illinois,oil be held on Nowrrber 5,1991 al Evelyn A TeBodkhorst Cass N0.91P 0815 LEGAL NOTICE Loners Of Office were issued on October 4, 1991 to NOW V.
7O0 pm in the Oak Brock Village Hal,1200 Oak Brook Road, Notioe is given of the death Of Evelyn A.TeBockhonkt whose STATE OF ILLINOIS COUNTY OF DU PAGE Ferrara, 7301 West Harrsm,Forest Park, Illinois 60130,as
Illinois, for the purpose of considering the apps anon of address was 15 W.675 82nd Street,Hinsdale,IL IN THE CIRCUIT COURT OF THE INDEPENDENT EXECUTOR whose ahorney is David D.Laurie.
I-sod arad Equips se a Distributors for various relief as gallows: Leaere d Office were issued on September 13,1991 to Allen EIGHTEENTH JUDICIAL CIRCUIT Letizia 6 Leuzia, Ltd., One Lincoln Centre, Suite 1170,
1)approval of a Flood Plain Sped al Use Permit as provided C. TeBodchorst, 2109 Camellia Court, Naperville, IL as ESTATE OF Oakbrook Terrace,IFinos 60161,
under section 10.34 of the Village Cods to slow construction of INDEPENDENT EXECUTOR whose attorney is David J.Lynann, MICHAEL E.SORVILLO.deceased Case No.89P785 NOTICE TO HEIRS AND LEGATEES
a Twee and other land modifications. and various drainage 431 S.Dearborn,81604 Chicago,IL 60805. Notice is given of the death of Michael E. Sorvino whose The estate win be adrtwkistered without Court Supervision,
structures within the Sall Creek Flood Plain and Floodway and NOTICE TO HEIRS AND LEGATEES address was 1010 351h Street,Oak Brook,Illinois 60521. unless under section 28.4 of the Probate Act(Il,Rut.Stat.1981,
21 any other raw as they be necessary to atoomllsh the Notice Is hereby q"n to Alen C. TeBaikhorst, Gail A Loders of Oryx were issued an August 21,1989 to N
above.The property may be generally described as 615 22nd To8odkhorst,Orville F.TeBodkhorat and Unknown Hairs who Nancy L Chap. 110 V2 para 281)any interested person terminates
Strew, Oak Brook, Illinois, and the legal description is as are heirs or legatees in the above proceeding. INDEPENDENT 3EXECUTOR�whose attorneyls.Thomas E a pepenn o adrtninistroth C any tittle C mailing or delivering
tdlowL to probate a will and whose nitre or address s not stated n Swa petition to temknare o the Gait Court Cork.
The petition to admit the will to probate, that an order was Illinois 60603. 8 Austin,One First National Plaza.Chicago, Clans agora the estate may rc tiled a the Office d Ci bar,
Court Clerk JOEL KAGANr Circuit Court sena,201 Reber
That part d the Southwest Quarter d Section 24 entere0 by the Court on September 13, 1991 admitting the will NOTICE TO HEIRS AND LEGATEES Street,Wheaon, Illinois,M with the
to probate. The estate will be administered without Court Supervision, Representative April
,1 both,
Township 39 North, Range 11, East of the Third before 6 months from the date d first publication(April 9,1992),
Principal Meridian,DuPage County IFinds,being more Within 42 days after the effective date of the original order of unless under section 284 of the Probate Act(111.Rev.Stat.1981, any claim not fled v i hin that period s barred.Cias d apa claim
fully described as follows: Commencing at the admission.you may file a petition with the Court to require proof Chap. 11012,para. 284) any interested person terminates filed with the Circuit Court Clerk must be mailed or delivered Ip
Southeast Comer of the Southwest Quarter of said Of the will by Testimony of the waresses to the will in open Court independent administration at any time by mailing or delivering the representative and to the attorney,it any,within 10 days alter
Section 24;thence South 89 degrees 36 minutes 25 Or Other evidence,as provided in section 6-21 of the Probate Act a petition to terminate to the Circuit Cion Clerk it has been filed with the Circuit Clerk
seconds,West along the South line of the Southwest 1975(Ill.Rev.Slat.1981,Ch.110.1/2,para.6-21). Claims against the estate may be filed in the Office of Circuit
Quarter of said Section 24,said line also ben the You also have the right under section 8.1 d the Probate Act Court Clerk Joel Ka ann, DuPage County Courthouse, 201 Name:David D.Leffzs
center line d 22nd Sir"a distance of 1185.being
1975(111.Rev.Star.1981,Ch.110-U2,para 8-1)to contest the geber Street,Wheaton, Illinois a with the Representative or �a9°inn Attorney No.1,1490
thence North 0 degrees 23.minutes 35 seconds West a validity of the will by filing a petition with the Court within 6 both,within 6 months from the date d first publication of this Attorney for Petitioner:
P Address:One Lirirrdn Centre,Suite 1170
distance d 85.37 too to a on the North ht d way rtortths atter admission d the will to prorate. notice and any claim not filed within that period is barred.
flirt rill Y CityOakbrook Terrace,Illinoisgj 60181
line d 22nd Street Cemrak road)said pont also bei The estate will be administered without Court Supervision, Copies of a claim filed with the Circuli Court Clerk must be
( ed (708)916 2080
on the Westerly lints d a dedicated road, retarded unless under section 284 of the Probate Act(III.Rev.Stat.1981, /nailed or delivered to the representative and to the attorney,it published in The Doings October 9,16 173m119:91
.
Mardi 21,1982 as document Number R62-7996;thence Chap. 11012,para 284) any interested person terminates any,within 10 days after it has been tied.
continuing North 0 degrees 23 minutes 35 seconds independent administration at any time by mailing or delivering Name:Thomas E.Swaney/Sidney&Austin
West,a"the Westerly lime of said dedicated road,a a petition to terminate to the Circuit Coun Clerk. DuPage County Attorney No.79800
distance of 50.02 feet;thence North 88 degrees 57 Charas against the estate may be filed in the Office of JOEL Address:One First National Plaza
rrinutes 39 seconds West along a line which is 50.0 feet KAGANN, Circuit Coun Clerk, 201 Reber Street. Wheaton, Cly:Chicago,Illinois 60603 LEGAL NOTICE
Northerly of as measured parallel with and Illinois, or with the Representative or both before March 26, Phone:(312)853-7476 CERTIFICATE NO.29762 was filed in the office of the County
perpendicular to,the Northerly right of way line of 22nd 1992• any claim not filed within that period s barred.Copies d Published in The Doings Septemtber 25,October 2 and 9,1991 Clerk of DuPage County on September 20,1991 wherein tl.;;
Street(Cermak road) a distance d 387.52 feet for a a claim filed with the Circuit Court Clerk must be mailed or business firm at ACCURATE AUTO BODY,Located at 1692 W.
place of beginning;thence continuing North 88 degrees delivered to the representative and o the attorney,if any,within Quincy Avenue 8128,Naperville,was registered;that the true or
57 minutes 39 seconds West along the previously t0 days after it has been filed with the Circuit Clerk. LEGAL NOTICE real name or names d the person or persons owning the
described line a distance of 197.40 feet;thence South CERTIFICATE NO.29758 was filed in the office of the County business,with their respective post office address(es)isiare as
89 degrees 36 minutes 25 seconds West along a line Name:David J.Lynam Clerk of DuPage County on September 19, 1991 wherein the follows'
which is 50.0 feet Northerly of as measured parallel with DuPage County Attorney No.21207 business firm of Quality Cortparator Services(C.C.S.).Located NAME(S)OF PERSON(S) ADDRESS(ES)
and perpendicular to the Northerly right of way line of Attorney for Petitioner:Allen C.TeBockhorst at P.O.Boz 5104,Oakbrook,IL,60522 was registered;that the William T.Carroll Jr. 21 Spinning Wheel Rd.,84K,Hinsdale
22nd street a distance of 46.26 feet;thence North 0 Address:431 S.Dearborn,Ste.1604 true or real name or names of the person or persons owning the IN WITNESS WHEREOF,I have hereunto set my hand and
degrees 23 minutes 35 seconds West a distance of City:Chicago business,with their respective post office address(es)is/are as- Official Seal,at my office in Wheaton,Illinois,this 20th day of
Phone:312427-8741 follows: September A.D.,1991.
second feet;thence North 52 degrees thence
minuses 55 Published in The Doings Sepuermoer 25.October 2 and 9,1991 NAMES OF PERSONS ADDRESS ES g
seconds East a distance of 304.52 feet;thence South 0 9 ( ) ( ) ADDRESS(ES) Gary A.Kin
degrees 43 minutes 35 seconds East a distance of Daniel R.McMillan 5723 S.Grant,Hinsdale,IL 60521 Gary A.King,DuPage County Clerk
401.92 feet to the place of beginning,in DuPage County IN WITNESS WHEREOF,I have hereunto set my hand and Published in rhe Doings September 25.October 2 and 9.1991
Illinois Official Seal,at my office in Wheaton,Illinois,this 194h day of
Permanent Parcel 806-24-307-010, LEGAL NOTICE September A.D.,1991
All persons desiring 10 be heard in support of or in opposition Gary A.King
STATE OF ILLINOIS COUNTY OF DU PAGE
to the proposed reiiet or any provision thereof,will be afforded Gary A.King,DuPage County Clerk LEGAL NOTICE
IN THE CIRCUIT COURT OF THE Published in The Doin s Se to
an opportunity to th so and may submit their statements orally g September 25, October 2 and 9,1991 CERTIFICATE NO.29757 was filed in the office d the County
or in writing or both.The nearing may be recessed t0 another EIGHTEENTH JUDICIAL CIRCUIT
ESTATE OF Clerk of DuPage County on September 19, 1991 wherein the
date if notice of tins and place thereol is publicly announced at JAMES W.JOHNSON Case No.91P928 LEGAL NOTICE business firm of Real Estate 60521. Located at 730 N. Elm
the hearing or is given by newspaper publication not less than Notice is given of the death of James W.Johnson whose CERTIFICATE NO.29771 was filed in the office of the County Street,Hinsdale,Illinois 60521 was registered;that the true or
;no
(5)days prior to the date of the recessed hearing. address was 623 South Gram Street,Hinsdale,IL 60521. Clerk of DuPage County on September 23. 1991 wherein the real name or names of the person or persons owning the
The petition application is on lila with the Village Clerk and Loners d Ottioe were issued on September 25,1991 to Peter business firm of NEWS. ETC..Located at 288 Jackson St. business,with their respective post office address(es)istare as
ezth The amine tDheepeUtion documents may r of Code arrange to do sont. Persons wl with the to M.Johnson and Nancy Johnson Power.C/O Louis R.main.115 Bartlett e person orrperso s owning istered;that tthe b s ness,withe true or real h heirrrespective Anames of IME(S)OF PERSON(S) ADDRESSES)
E. First Street, Hinsdale, IL 60521 as EXECUTOR whose
Director of Code Enforcement,Thomas Hawk,1212 Oak Brook attorney s Louis R.Main, post office address(es)islare as follows: Peter Lucas 730 N.Elm Hinsdale,IL 60521
Road.990.3045 NOTICE TO HEIRS AND LEGATEES NAME(S)OF PERSON(S) ADDRESS(ES) IN WITNESS WHEREOF,I have hereunto set my hand and
Claims agaric the estate may be filed in the Office d JOEL A. Elisabeth Ann Steinbre mer 288 Jackson St.,Bartlett Official Seal,at my office in Wheaton,Illinois,this 19th day of
IN WITNESS WHEREOF,I have hereunto set my hand and September A.D.,1991.
Linda GonneNla KAGANN Circus Court Clonic. 201 Reber Street, Wheaton,
Village Clerk Illinois.or with the Representative or both before Apnt 2,19W SeOffptember
Seal at rtry office in Wheaton,Illinois.this 23rd day of Gary A.K'ug
Published at the direction of the Corporate Authorities and the any claim not filed within that period s barred.Copies d a claim September A.D.,1991. Gary A.King,DuPage County Clerk
Zoning Board of Appeals of the Village of Oak Brook OuPage fnad with the Circuit Court Clark must be mailed or delivered to Gary A.King Published in The Doings September 25,October 2 and 9,1991
and Cook Counties,Illinois. r,>a representative and to the attorney,i any,within 10 days after PblishGary A.King,DuPage County Clerk
Ptblsn hed The Ooings October 9,1991. i has been tiled with the Circuit Client. ued in The Doi Oct
ent. 2,9 and 16,1991
The Doings•Wednesday,October 9,1991•Page 51
A S S O C I A T E D
E Q U I P M E N T
D I S T R I B U T O R S
October 7, 1991
President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Ladies and Gentlemen:
For the past 27 years, Associated Equipment Distributors, an international
trade association representing the construction equipment industry, has
maintained its headquarters location at 615 W. 22nd Street in Oak Brook.
We've enjoyed and benefitted from the fact that we are located in an area
recognized as home to many major businesses and organizations. We want to
stay in our "home" and continue to be a part of the Oak Brook community.
Indeed, we have virtually no choice but to stay. We own the building and
surrounding property and relocation would mean extreme economic hardship for
our organization and its employees.
That's why we're respectfully asking for the village's assistance to help us
combat a serious flooding problem that continues to grow worse each subsequent
year. The Salt Creek floodwaters which surround our building on a regular
basis are more than just a nuisance. They endanger the health and safety of
our employees. They disrupt traffic on the streets near our building. And
the flooding costs our organization thousands of dollars in lost workhours
annually.
Over the years, AED has appreciated the village's generous cooperation when
our building has flooded. You've provided sandbags and clean-up assistance on
numerous occasions. Unfortunately, the situation has now reached a point
where we need to ask for your permission to take more effective steps that
will protect our home.
Specialists in flood control and engineering have studied our situation.
They've come to the conclusion that while the depth of flooding on our
property is not increasing, the frequency and duration of floods is continuing
to grow. A fact of life at 615 West 22nd Street is that we will "flood". Only
the question of how often remains. This is the key reason why we are
requesting a floodway revision.
Please allow me to describe why this request is absolutely vital to the
welfare of the 25 people who work at AED. We are faced with the danger and
inconvenience of accessing a building surrounded by water several times a
year--or with the prospect of lost wages and lost productivity if the building
The Association Of Leaders In Equipment Distribution
615 WEST 22ND STREET OAK BROOK, ILLINOIS 60521 (708) 574-0650 FAX (708) 574-0132 F0
/4
L
must be closed. Once the flood waters do recede, they leave behind debris,
garbage, tree branches and raw sewage that must be cleaned-up before the
grounds are again safe for our use. This situation was taken to an extreme in
the 1987 flood when all of our employees were required to receive tetnus
innoculations before being able to re-enter our building.
With the recently completed channel improvements on Salt Creek north of 22nd
Street finished last year and the resulting decrease in water velocity, the
amount of residue which remained after the last two "floodings" has increased
as less residue was carried downstream by the receding water.
In conclusion, we have done all we can to address this problem. We have a
solution that is practical and which will not have a negative affect on any of
our Oak Brook neighbors. We simply need your understanding and a favorable
ruling on our petition. With your consent, we can then remain in our facility
and provide a safe working environment for our employees within the limits of
village authority.
If you have any questions regarding this matter, please contact me.
Sinc rely,
Thomas J. Ich4elewitz
Director of Business Affairs
cc: Dale L. Durfey, Jr. , P.E. Village Engineer
Tom Hawk, Director of Code Enforcement
Stephen Berley, Village Manager
Bill Lindley, Lindley & Sons, Inc.
>5
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4 ��
COUNT"
VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 2, 1991 708 990. 3000
i
Dear Resident:
The Oak Brook Plan Commission and/or Zoning Board of Appeals,
and the Village Board will be considering a:
Flood Plain Special Use
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Associated Equipment Distribu-
tors
Relationship of Applicant to Property: Owner
Name of Subdivision (if applicable) :
The property in question is situated at: 615 22nd Street
Also shown on the reverse side is a map of the area to assist you
in determining your relationship to the property in question.
The request which has been made is as follows:
To permit land modifications, including a levee and channel
modifications, and various drainage structure within the Salt
Creek Floodway and Floodplain, to provide flood water protection
. of the corporate offices of Associated Equipment Distributors.
If you desire more detailed information, please contact me at
the Building Dept. to review the file on this application. I
look forward to your attendance at the public meetings.
Sincerely yours,
Thomas R. Hawk
Director of Code Enforcement
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V1 LLAC E OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
September 26, 1991 708 990- 3000
MEMO TO: Stephen Berley, Village Manager
Dale Durfey, Village Engineer
Richard Martens, Village Attorney
FROM: Tom Hawk, Director of Code Enforcemen
SUBJECT: Flood Plain Special Use - Associated Equipment Distributors
615 22nd Street
Please provide me with your comments regarding the attached Flood Plain
Special Use petition no later than October 16, 1991, if at all possible.
TRH/11
att.
VILLAGE OF OAK BROOK Minutes Sept. 24, 1991
UNOFFICIAL UNTIL APPROVED BY BOARD
APPROVED AS WRITTEN L—'" OR APPROVED
WITH CORRECTIONS BY VILLAGE BOARD
ONla'44f« K 19 Ff
1. MEETING CALL: CALL TO ORDE
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 7:42 p.m. Pledge of Allegiance was given.
2. ROLL CALL: ROLL CALL
The Clerk called the roll with the following persons
PRESENT: President Bushy, Trustees Bartecki, Krafthefer, Payovich, Shumate,
Skinner and Winters.
ABSENT: None.
3. ANNOUNCEMENTS AND OPEN FORUM: OPEN FORUM
Ed Wisnewski, 3614 Madison Street, addressed the Board with his concerns
regarding the Village drainage renovation at his property. He requested an
alternative plan to the renovation in- which he would pay for any cost above
what has been designated for the present project. The property owner next to
3614 Madison Street, Cleo Current, stated she will pay for any costs over
said project that would affect their property. After further discussion, Mr.
Wisnewski stated he will pay fees for engineering redesign 'of said project
and any cost over the 1991 project cost. The Board requested Mr. Wisnewski
meet with Village Engineer Durfey and Trustee Payovich to discuss said
project.
Trustee Winters moved to authorize the Village Engineer to withdraw said 1991 DRAIN-
project from the 1991 Drainage Project and that it be reinstated on the 1992 AGE PROJECT
Drainage Project. Seconded by Trustee Payovich. Voice Vote: Motion
carried.
4. APPROVAL OF MINUTES: MINUTES
Trustee Krafthefer moved to approve the Minutes of the Committee-of-the-Whole
Meeting of September 9, 1991 as presented. Seconded by Trustee Bartecki.
Voice Vote: Motion carried with Trustee Skinner abstaining.
Trustee Krafthefer moved to approve the Minutes of the .Regular Board of
Trustees Meeting of September 10, 1991 as presented. Seconded by Trustee
Payovich. Voice Vote: Motion carried with Trustee Skinner abstaining.
5. CONSENT AGENDA:
Trustee Skinner moved to approve the Consent Agenda. Seconded by Trustee
Payovich. Roll Call Vote:
Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and
Winters.
Nays: 0-None. Motion carried.
VILLAGE OF OAK BROOK Minutes -1- September 24, 1991
•
A. ' ORDINANCES REGARDING APPROVAL OF ANNEXATION AGREEMENT, ANNEXATION OF ORD. ISTHA
CERTAIN TERRITORY, AND ZONING NEWLY ANNEXED TERRITORY (Illinois State Toll
Highway Authority) - Request to table to November 26, 1991 Board Meeting:
Approved Omnibus Vote.
B. Temporary Grant of Easement - Illinois Bell Telephone - Well #5 Site: EASEMENT -
Approved Omnibus Vote.
ILL. BELL -
WELL #5 SITE
C. Bid Authorization - Fire Station #1 Overhead Doors: Approved Omnibus FIRE STN. RC1
Vote. OVERHEAD DOO
D. Bid Authorization - Office Cleaning - Village Facilities: Approved VILLAGE -
Omnibus Vote. OFFICE CLEAN
ING
E. Bid Authorization - Carpeting - Sports Core Administration Building: SPORTS CORE
Approved Omnibus Vote. CARPETING
F. Recommendation to Release Funds - Oak Brook Hotel, Convention and OHCVC - FUND
Visitors Committee: Approved Omnibus Vote.
G. Payouts: PAYOUTS:
1. James J. Benes & Associates, Inc. - Payout #3 - 1991 Paving_ Project -1991 PAVING
Engineering Services: Approved Omnibus Vote. PROJECT
2. Forest Preserve District of DuPage County- Payout #1 & Final - FULLERSBURG
Fullersburg Crossings Property: Approved Omnibus Vote. CROSSINGS
H Referral - Flood Plain Special Use (615 22nd Street - Associated REFERRAL:
Equipment Distributors) -- Referred to Plan Commission of October 21, FPSU - 615-
1991 and Zoning Board of Appeals of November 5, 1991: Approved Omnibus 22nd STREET
Vote.
6. ITEMS REMOVED FROM CONSENT AGENDA: None.
7. ORDINANCES AND RESOLUTIONS:
A. RESOLUTION NO. R-540 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS FJS RES. R-540
AND BGS RESUBDIVISION IN SITZBERGER'S SUBDIVISION (318 Canterberry Lane) :_FJS & BGS
FINAL PLAT
Trustee Skinner moved to pass Resolution No. R-540 as presented and waive
the full reading thereof. Seconded by Trustee Winters. Roll Call Vote:
Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and
Winters.
Nays: 0-None. Motion carried.
8. DEPARTMENT REPORTS: None.
9. UNFINISHED BUSINESS:
A. Discussion Regarding Oak Brook/Oakbrook Terrace Water Service Agreement: OAKBROOK
TERRACE WATE
President Bushy stated Village Engineer Durfey and she met with Oakbrook SERVICE
Terrace Mayor Sarello, their City Attorney and Director of Tourism. to AGREEMENT
VILLAGE OF OAK BROOK Minutes -2- September 24, 1991
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
September 16, 1991
MEMO TO: President and Board of Trustees
FROM: Stephen Berley and Tom Hawk
SUBJECT: Board Referral - Flood Plain Special Use
615 22nd Street
We have received a petition for a Flood Plain Special Use for protection
from flood waters of Associated Equipment Distributors corporate offices.
Please refer this to the Plan Commission for public hearing on October 21, 1991
and the Zoning Board of Appeals for public hearing on November 5, 1991.
Respectfully submitted,
Stephen Bexley
Village Manager
47x)
Tom Hawk
Director of Code Enforcement
10-32 OAK BROOK CODE
(c) Special Uses: Uses not listed above which are
permitted or special uses under the Oak Brook Zoning
Ordinance for the subject property may be allowed upon
issuance of a special use permit as set forth below. (Ord. No.
G-217, § 2, 9-27-77)
Sec. 10-33. Occupation and use of wetlands.
(a) (Generally:] In wetlands only those uses will be
permitted which will not affect adversely the quantity or
quality of the public water supply, drainage, storm water
runoff or detention, or the health and safety of the village
and its environs.
(b) Permitted Uses: The uses listed in section 10-31(b) and
any other uses permitted by the applicable provisions of the
Oak Brook Zoning Ordinance which, in the opinion of the
building commissioner, will not adversely affect the public
water supply or the public health and sanitation.
(c) Special Uses: Uses not listed above which are
permitted or special uses under the Oak Brook Zoning
Ordinance for the subject property may be allowed upon
issuance of a special use permit as set forth below. (Ord. No.
G-217, § 2, 9-27-77)
Sec. 10-34. Special use permits.
(a) Required: Any use listed in this article as requiring a spe-
cial use permit may be allowed only upon application to and
issuance of a special use permit by the village.
(1) Authority: Special uses shall be authorized or denied by
the village board in accordance with the statutes of the
State of Illinois applicable to amendments of a zoning or-
dinance, and the regulations and conditions set forth in
this division for special uses. No application for a special
use shall be acted upon by the village board until after:
(i) A written report is prepared and forwarded to the
zoning board of appeals and the village board by the
plan commission in the manner prescribed in the zon-
ing ordinance for amendments to said ordinance; and
Supp. No. 30 632
g
PLANNING AND ZONING § 10-34
(ii) A public hearing has been held by the zoning board of
appeals, after due notice by publication as provided by
the applicable statutes of the State of Illinois for amend-
ments to a zoning ordinance and upon a report of the
plan commission to the board of trustees, if such a
report is made.
The concurring vote of four (4) members of the plan com-
mission and/or the zoning board of appeals shall be neces-
sary to recommend in favor of any application which is
brought before the respective hearing body pursuant to
this article.
(2) Initiation: An application for a special use may be
made by any person, firm or corporation or by any
office, department, board, bureau or commission
requesting or intended to request a zoning certificate
for property within a floodplain, as defined in this
article.
Supp. No. 30 632.1
PLANNING AND ZONING § 10-34
(3) Processing: An application for a special use, in such
form and accompanied by such information as shall
be established from time to time by the Village of Oak
Brook, shall be filed with the village clerk and
thereafter processed in the manner prescribed thereto-
fore for applications for amendments.
(4) Decisions: The village board, upon report of the
zoning board of appeals and the plan commission, and
without further hearing, may authorize or deny an
application for a special use in accordance with the
statutes of the State of Illinois applicable to amend-
ments, or may refer it back to the zoning board..-of
appeals and the plan commission for further consider-
ation. No special use shall be authorized by the village
board unless the special use:
(i) Is so designed, located and proposed to be
operated that the public health, safety and welfare
will be protected; and
(ii) Would not cause substantial injury to the value of
other property in the neighborhood in which it is
located.
(5) Conditions: The plan commission and zoning board of
appeals may recommend, and the village board may
provide, such conditions and restrictions upon the
construction, location and operation of a special use,
as may be deemed necessary to promote the general
objectives of this article and to minimize the danger
of flood damage resulting therefrom.
(b) Procedure To Be Followed by the Plan Commission in
Making Recommendations Concerning Special Use Permits:
Upon receiving an application for a special use permit, the
plan commission shall, prior to making a recommendation
thereon:
(1) Require the applicants to furnish three (3) copies of
such of the following information, prepared by a
professional engineer or land surveyor, registered as
such in the State of Illinois, as is deemed necessary by
Supp. No. 3 633
7
•
4 10-34 OAK BROOK CODE
the plan commission for determining the suitability of
the particular site for the proposed use:
(i) Plans drawn to a readable scale showing location,
nature, dimensions and elevation of the lot,
existing or proposed structures, fill, storage of
materials, floodproofing measures, and the rela-
tionship of the above to the location of the
channel, floodway and the flood protection eleva-
tion.
(ii) Typical valley cross-section(s) drawn to a scale of
one (1) inch to one hundred (100) feet and a
vertical scale of one (1) inch to ten (10) feet
showing the channel of the stream, elevation of
land areas adjoining each side of the channel,
cross-sectional areas to be occupied by the
proposed development, and high water elevation.
Cross-section intervals shall not exceed one
hundred (100) feet.
(iii) Plans (surface view) showing elevations or con-
tours of the ground; pertinent structure, fill or
storage elevations; size, location and spatial
arrangement of all proposed and existing struc-
tures on the site; location and elevations of
streets, water supply, sanitary facilities; soil
types; and other pertinent information. Contours
shall be shown at one-foot intervals.
(iv) Photographs showing existing land uses and
vegetation upstream and downstream.
(v) A profile showing the slope of the bottom of the
channel or the flow line of the stream.
(vi) Specifications for filling, grading, dredging, chan-
nel improvements, storage of materials, water
supply and sanitary facilities.
(2) Transmit one copy of the information- described in
subsection (b)(1) to the village engineer for technical
assistance, where necessary, in evaluating the pro-
posed project in relation to flood heights and
Supp. No. 3 634
PLANNING AND ZONING § 10-34
velocities; the seriousness of flood damage to the use;
the adequacy of the plans for protection; and other
technical matters.
(3) Based upon the technical evaluation of the village
engineer, determine the specific flood hazard at the
site and evaluate the suitability of the proposed use in
relation to the flood hazard.
(c) Factors Upon Which the Recommendations of the
Zoning Board of Appeals and the Plan Commission Shall
Be Based: In making recommendations upon applications
for special use permits, the zoning board of appeals and the
plan commission shall consider all relevant factors specified
in other sections of this article, including but not limited to
the following:
(1) The danger to life and property due to increased flood
heights or velocities caused by encroachments;
(2) The danger that materials may be swept onto other
lands, or cross-stream, upstream or downstream to the
injury of others;
(3) The proposed water supply and sanitation systems
and- the ability of these systems to prevent disease,
contamination and unsanitary conditions;
(4) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owners;
(5) The importance of the services provided by the
proposed facility to the community.
(6) The requirements of the facility for a waterfront
location;
(7) The compatibility of the proposed use with existing
development and development anticipated in the
foreseeable future;
(8) The relationship of the proposed use to the compre-
hensive plan and floodplain management program for
the area;
Supp. No. 3 635
10-34 OAK BROOK CODE
(9) The safety of access to the property in times of flood
for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters expected at
the site; and
(11) Such other factors which are relevant to the purposes
of this article.
(d) Conditions Attached to Special Use Permits: Upon
consideration of the zoning board of appeals and the plan
commission recommendations, the factors listed above, and
the purpose of this article, the president and board of
trustees may by ordinance grant, deny or attach such
conditions to the granting of special use permits as they
deem necessary to further the purposes of this article.
Among such conditions, without limitation because of
specific enumeration, may be included:
(1) Modification of waste disposal and water-supply
facilities;
(2) Limitations on periods of use and operation;
(3) Imposition on operational controls, deposit of surety
bonds and deed restrictions;
(4) Requirements for construction of channel modifica-
tions, dikes, levees and other protective measures; and
(5) Floodproofing measures designed to be consistent with
the flood protection elevation for the particular area,
flood velocities, durations, rate of rise, hydrostatic and
hydrodynamic forces, and other factors associated
with the 100-year flood. In this event, the president
and board of trustees shall require that the applicant
submit a plan or document certified by a registered
structural engineer that the floodproofing measures
are consistent with the flood protection elevation and
associated flood factors for the particular area and
shall be provided in accordance with the standards for
completely floodproofed structures contained within
the United States Army Corps of Engineers publica-
Supp. No. 3
636
0
PLANNING AND ZONING § 10-35
tion, "Flood-Proofing Regulations," June, 1972, GPO:
1973 0-505-026 edition, or any subsequent edition
thereof. (Ord. No. G-217, § 2, 9-27-77; Ord. No. G-364, § 2,
9-10-85)
Sec. 10-35. Variations.
(a) [President and Board of Trustees May Grant:]
Variations to the provisions of this article may be granted
by the president and board of trustees upon recommendation
by the zoning board of appeals.
(b) Authority: The board of trustees shall decide all applica-
tions for variations of the provisions of this division after a public
hearing held before the zoning board of appeals on such notice as
shall be required by the Illinois Statutes for zoning variations.
The zoning board of appeals shall hold public hearing upon all
applications for variations and shall report its recommendations
to the board of trustees as to whether a requested variation
would be in harmony with its general purpose and intent, and
shall recommend a variation only where it shall have made a
finding of fact specifying the reason or reasons for recommending
the variation. Such findings shall be based upon the standards
prescribed in subsection (e) below. No variation shall be granted
by the board of trustees without such findings of fact. The con-
curring vote of four (4) members of the zoning board of appeals
shall be necessary to recommend in favor of the requested varia-
tion. In the case of a variation where the zoning board of appeals
fails to recommend the variation, it can only be adopted by an
ordinance with the favorable vote of two-thirds of the trustees.
(c) Initiation: An application for a variation shall be in
triplicate and may be made by any governmental office,
department, board, bureau or commission, or by any person,
firm or corporation having a freehold interest, a possessory
interest entitled to exclusive possession, a contractual
interest which may become a freehold interest, or any
exclusive possessory interest applicable to the land or land
and improvements described in the application for a
variation.
(d) Processing: An application for a variation shall be
filed with the village clerk who shall forward one copy of
Supp. No. 30 637
,3.
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VILLAGE O F OAK B ROO K
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
September 16, 1991
MEMO TO: President and Board of Trustees
FROM: Stephen Berley and Tom Hawk
SUBJECT: Board Referral - Flood Plain Special Use
615 22nd Street
We have received a petition for a Flood Plain Special Use for protection
from flood waters of Associated Equipment Distributors corporate offices.
Please refer this to the Plan Commission for public hearing on October 21, 1991
and the Zoning Board of Appeals for public hearing on November 5, 1991.
Respectfully submitted,
Stephen Berley
Village Manager
Tom Hawk
Director of Code Enforcement
a.
APPLICATION FOR PUBLIC HEARING
Amendment
TO BE FILED WITlt VILLAGE CLERK $650
Special Use
$400
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND 18 COPIES OF A
SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION; i.e. , PROPERTY LINES,
EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT
PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY.
DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY
Date Filed: Board of Trustees Referral: Sept. 24, 1991
Notice Published: October 4. 1991 Newspaper: Oak Brook Doings.
Date Adjacent Property Owners Notified: Oct. 9, 1991 Staff Referral:
Public Hearing Dates: Plan Commission: Oct. 21, 1991Zoning Board: November 5, 1991
Board of Trustees: Nov. 26, '91 Board of Trustees:
`` ( pproval of Ordinance)
FEE PAID: $ 625.X Receipt No. 36L56 Received By: az
Village Clerk
APPLICANT TO COMPLETE
LOCATION 1st building east of Salt Creek,
OF SUBJECT PROPERTY: 1st building north of 22nd StPERMANENT PARCEL NO. 06-24-307-010
LOT NO. 1-010 SUBDIVISION: 'H' ADDRESS: 615 West 22nd Street
Oak roo ,
iL 6052T—
ZONING: ORA 1 ZONING ORDINANCE SECTION:
ACTION REQUESTED: Flood water protection of corporate offices for Associated
Equipment Distributors, 615 West 22nd Street (Hunter Drive) Oak Brook, IL 60521
PROPERTY INTEREST OF APPLICANT: OWNER Fx-x-I CONTRACT PURCHASER EJ AGENT a
OWNER(S) OF RECORD Associated Equipment Distributors PHONE NO. 708-574-0650
ADDRESS 615 West 22nd Street, Oak Brook ZIP 60521
BENEFICIARY(IES) OF TRUST PHONE NO.
ADDRESS ZIP .
j NAME OF APPLICANT J.T. Mack PHONE NO. 708-574-0650
' ADDRESS 615 West 22nd Street, Oak Brook, IL ZIP 60521
I (we) certify that all. of the above statements and the statements contained in any
papers or plans submitted herewith are true to the best of my (our) knowledge and
ef.
9/13/91
Appl icanl_ Date (Signature) Applicant Date
L~xecutive Vice President
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ASSOCIATED EQUIPMENT OAK BROOK 34509
DISTRIBUTORS BANK
615 W. 22ND STREET OAK BROOK,ILLINOIS 60522
OAK BROOK, ILLINOIS 60521 SEPTEMBER 13 18 91 70-2331f719
PAY DOLLARS $ 675.00
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TO VILLAGE OF OAK BROOK ASSOCIATED EQUIPMENT DISTRIBUTORS
THE SECRETARY'S ACCOUNT
ORDER EXECUTIVE V.P.
OF TX�R9l7L (
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u•034509u■ ,)j:07L9233101: L09984400 IL '
3 I ?sem 3&so
CHECK $ CHECKS 5 CASH INV X DATE NAME G.L.ACCOUNT X `DESCRIPTION
NUMBER
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SIGNATURE
BUREAU OF INSPECTION B 03680
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`cF c `2 OAK BROOK, ILLINOIS
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PHONE: (708) 990-3000
RETAIN THIS RECEIPT 7�QKk
FOR YOUR RECORDS 1/"
SAFEGUARD BUSINESS SYSTEMS