R-772 - 04/24/2001 - OFFENSE - Resolutions Supporting Documents/ OF Oq,f
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60523 -2255
April 18, 2001
MEMO TO. President and Board of Trustees
FROM: Dale L. Durfey, Jr., P.E., Village Engineer
SUBJECT: 2001 Paving & Drainage Project
Request for Construction Noise Waiver
5 6.0"`*
PHONE 630 990 -3000
FAX 630 990 -0 876
W E B S t T E www oak -brook or-
RECOMMENDATION: That the Village Board approve the attached Resolution which allows construction
activity to start at 7:00 A.M. on Saturdays for the 2001 Paving & Drainage Project.
We have received the attached request from William Rohde of R W Dunteman Company dated April 10,
2001 requesting that they be permitted to start work on Saturdays at 7 00 A.M. instead of 8:00 A.M. Their
request is in response to Section 6 -1 -2 of the Village Code which states that, in residential areas, no person
may use heavy equipment except between 8 00 A.M. and 5.00 P M. on Saturdays and Sundays. Section 6-
1 -2C allows the Board to waiver by resolution these restrictions for work undertaken by a public body.
The contractor is requesting that they be allowed to start at 7:00 A M. on Saturdays in order to get an earlier
start on the day and finish by mid - afternoon
I checked with Art Hascek, President of the Homeowners Association, who then checked with many of his
neighbors concerning this request His response is that they do not have a problem with allowing the
contractor to start at 7.00 A M.
I therefore recommend that the Village Board allow construction activity to start at 7.00 A.M.,on Saturdays.
This item is being placed on the Village Board agenda of April 24, 2001 for your consideration.
rctfull submi tted,
Dale L. Durfey, Jr., P.E.,
Village Engineer
D L D /etk
cc Stephen B Veitch, Village Manager
Art Hascek, Timber Trails/Merry Lane Association
6 -1 -1 6 -1 -2
barter or exchange, or for the purpose of attracting attention, or of I
inviting the patronage of any person to any business whatsoever,
shall be deemed guilty of an offense against the Village. (Ord.
G -577, 10 -22 -1996)
6 -1 -2: USE OF HEAVY EQUIPMENT, TOOLS; RESTRICTIONS:
Except as provided in subsections B, C and D of this Section,
no person or entity may use "heavy equipment" in residential areas except
between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. Monday
through Friday and between eight o'clock (8:00) A.M. and five o'clock (5:00)
P.M. on Saturdays and Sundays; and in commercial areas except between
six o'clock (6:00) A.M. and six o'clock (6:00) P.M. Monday through Friday
and between six -o'clock (6:00) A.M. and six o'clock (6:00) P.M. on
Saturdays and Sundays; provided, however, that such equipment shall not
be used at any time on Federal holidays For purposes of this Section,
"heavy equipment" shall mean bulldozers, jackhammers, pile drivers, power
hammers, chain saws, graders, riveters, earth movers, tree and stump
grinders, trenchers, cement mixers, tractors, power hoists or derricks,
demolition balls, power shovels, trucks, and power equipment on wheels or
traction chains, or other similar equipment, but shall not include garbage
trucks, which are governed by separate agreement within the Village.
A. Other Tools: Tools other than heavy equipment may be used at any
time within a fully enclosed structure; any use of such tools outside a
fully enclosed structure shall be prohibited between the hours of
eight o'clock (8:00) P.M and eight o'clock (8:00) A.M , except as
provided in subsections B, C and D of this Section
B Emergencies. The limitations stated in this Section shall not apply in
any situation which requires heavy equipment or other tools in
emergencies to assist or avoid a problem related to health or to
safety of persons or property, or to sewer, water, power, utility, or
telephone interruptions.
C. Work By Public Agencies. The limitations stated in this Section may
be waived by the Board of Trustees by resolution for work
undertaken by any public body or agency for the benefit of the
public. The Board of Trustees may attach to any such waiver all
conditions it deems necessary to protect the public health, safety or
welfare
D. Waiver: The limitations stated in this Section may be waived by the
Village Manager in areas of the Village zoned for nonresidential uses
Village of Oak Brook
6 -1 -2 6 -1 -4
pursuant to the Village zoning ordinance; provided, however, that no
such waiver shall be granted unless the Village Manager finds that:
1. The party seeking the waiver will suffer a unique or unusual
hardship unless the waiver is granted; and
2. The granting of a waiver will not cause a substantial or undue
adverse impact upon adjacent property or upon the public health,
safety and welfare.
The Village Manager may attach to such waiver all conditions he
deems necessary to protect the public health, safety or welfare.
E. Building Permits: Work undertaken pursuant to any permit issued by
the Village shall be subject to the provisions of this Section. (Ord.
G -577, 10- 22- 1996)-
6 -1 -3 SEARCHLIGHTS:
A It shall be unlawful to install, to operate, or to maintain, anywhere in
the Village, a searchlight.
B A "searchlight" is defined, for purposes of this Section, as an
apparatus for projecting a powerful beam of light of approximately
parallel rays, usually devised so that it can be swiveled about; also
the beam of light projected by it
C Notwithstanding subsection A of this Section, searchlights may be
employed by police, fire or civil defense personnel for authorized
emergency operations or training missions. (Ord. G -577,
10 -22 -1996)
6 -1 -4: OFFENSES RELATING TO PUBLIC PROPERTY:
A. Obstructing Streets Or Sidewalks: It shall be unlawful for any person
without prior authorization by the Village Manager or his designee to
engage in any game, sport, amusement, business or exhibition upon
the streets or sidewalks, which shall collect any crowd of persons so
as to interfere with the passage of vehicles or of persons passing
along the streets or sidewalks.
B Posting Bills: It shall be unlawful for any person to affix any handbill,
sign, poster, advertisement on any curbstone, flagstone or other part
VdIage of Oak Brook
A-10-2001 3:52PM FROM R W DUNTEMAN COMPANY 630932099d
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Contraclor9
600 S. LOMBARD ROAD
P.O. BOX 1129
ADDISON, IL 60101
PHONE: 630 -953 -1500
FAX: 630- 932 -0994
James J. Benes and Associates, Inc.
1755 Park Street
Naperville, IL 60563
April 10, 2001
Via Fax 6301369 -7819
Attention: Mr. Steve Gidley, P. E.
Senior Associate Engineer
Subject- 0103 - Village of Oak Brook
2001 Paving and Drainage Project
Timber Trail Subdivision, Various Streets
Oak Brook, DuPage County, IL
Gentlemen:
D E
C E E
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APR I 0 2001
VILLAGE OF OAK BROOK
ENGINEERING DEPARTMENT
P. 2
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The R W Dunteman Company respectfully requests a variance in the Village's noise ordinance
that would allow ourselves and our subcontractors the option to start work on Saturdays at 7 00
AM instead of 8.00 AM on the above referenced project
We trust that this request will be acceptable and allow us to complete this project as soon as
possible
Thank You
Sincerely,
R. W. Dunteman Company
William R. ohde
Assistan ecretary
WRR:sf
cc. File 0103 Corr. O/E
Village of Oak Brook
/ Mr. Dale Durfey, P. E.
(via.fax 630/990 -0876)
RWD / Ray Anderson
RWD / Erik Hoofnagle
5. E. APPROVAL OF REFERRALS: None.
F. APPROVAL OF AUTHORIZATION TO SEEK BIDS OR
PROPOSALS:
1) AUTHORIZATION TO NEGOTIATE ONE -YEAR CONTRACT JANITOR
FOR JANITORIAL SERVICES CNTRCT
2) UNDER -BODY SCRAPERS (SNOWPLOWS) AND DUMP PUB WKS
BODIES FOR UNITS #505 & #605 - PUBLIC VEHICLES
WORKS VEHICLES
G. RESOLUTION #2001- PD -OF -R -772, A RESOLUTION RES "01 -PD-
AUTHORIZING CONSTRUCTION ACTIVITIES FROM 7 00 A M OF -R -772
TO S:00 A.M. ON SATURDAYS (TIMBER CONST FIRS
TRAILS SUBDIVISION) TMBER TR
H. APPROVAL TO ACCEPT A \rD PLACE ON FILE - TREASURER'S TREAS RPM
REPORT OF MARCH, 2001 03,01
`Motion by Trustee Caleel, seconded by Trustee Savino, to approve the
Consent Agenda as presented. ROLL CALL VOTE
Ayes. 6 - Trustees Butler, Caleel, Crab, Kenny, McInerney and
Savino
Nays 0- None
Absent 0- None `-lotion carried
b ITENMS REMOVED FROvi CONSENT AGENDA- None
7 ACTIVE AGENDA (Items for Final Action)
A. APPOI-i\TTiyIENTS-
1) Board of Fire & Police Commissioners
2) PlaI1 Commission
3) Police Pension Board
Motion by Tnistee Savino, seconded by Trustee Kenny, to concur with
the recommendation of President Bushy to reappoint Daniel Letizia to
the Board of Fire and Police Commissioners, %kith his 3 -year term
expiring in May, 2004, to reappoint Stephen C Allen to the Plan
Commission, v, ith tits three -year terns expiring in May, 2004 and
to reappoint Karen iM Bushy to the Police Pension Fund Board,
%\ ith her two -year terns expiring May 13, 2003 VOICE VOTE
Motion carried
(LL: \GE OF OAK BROOK iVftnutes Pane 3 of 12 April 24, 2001
FIRE &_ POL
PLAN CO%I%l
POLPENSN