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VILLAGE OF OAK BROOK Minutes w '
ary 2_ 1996
i.JNOFFICIAL UNTIL A.PPROVEIJ AS WRITTEN �s
OR AS AMENDED BY VILLAGE BOARD ON
1. MEETING CA i
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 7:33
p.m. Pledge of Allegiance was given.
The Clerk called the roll with the following persons
PRESENT: President Bushy, 'Trustees Bartecki, Kenny, Mcinerney, and
Shumate.
ABSENT: Trustees Payovich and Savino.
IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty,
Assistant to the Village Manager; Dale L. Durfey, Jr., Village Engineer; Tom
Hawk, Director of Code Enforcement; Bruce F. K.apf, , Director of Information
Services & Purchasing; Darrell J. Langlois, Finance Officer/Treasurer; Richard
A. Martens, Village Attorney; Ruth A. Martin, Library Director; Michael J.
Meranda, Superintendent of Public Works; Robert Nielsen, Fire
Chief/Building Commissioner; Lt. Allen Pisarek, Police Department; and Trey
VanDyke, Golf Club Manager.
15-37 FM
Joe FuIlan, 122 Timberview Drive, commented on the Winter Carnival held at
the Bath and Tennis Club. Approximately 300 -400 residents attended last
Sunday's event coordinated by George Mueller and Ed Dvorsky. Mr. Fullan
thanked Club Manager Sartore and her staff for an excellent event. Outdoor
a(,. /ities involved a bon fire, ice skating, hay rides and a curling match
between the Village Trustees and the Oak Brook Civic Association. He hopes
this type of event will set the stage for the 1996 Ethnic Fest.
Bill Lindeman, 11 Pembroke Lane, suggested a shallow ice skating rink be
prepared on other land of the Sports Core for the Winter Carnival. He further
noted the request for proposals for Employee Benefits Consulting Services on
the Omnibus Agenda and asked if a copy was available of the Cook County
Department of Resources survey of fringe benefits and salaries. He stated it
would be helpful if placed on file at the Village Library .for interested residents.
Village Manager Veitch remarked that the Village receives the Cook County
Region r V Survey, but it is not available until Spring. relative to the agenda
VILLAGE OF OAS. BROOK Minutes 1 of 12 January 23, 1996
MEETING CALL
ROLL CALL
ANNOUNCEMENTS
AND
OPEN FORUM
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item, the bid for proposals concerns third party administration services, stop
loss re- insurance and group term life insurance that is done annually for the
Village.
President Bushy acknowledged the Police Department investigation. She
explained that some of the information provided by the Village to the State's
Attorney has now been given to the Illinois State Police. The State Police has
a division that specializes in this type of investigation. Two Illinois State
Police sergeants are accepting information and testimony of the investigation
for the Village of Oak Brook and the DuPage County State's Attorney. Their
names are Sgt. Timothy Sebastian, Internal Investigation (847- 294 - 4477) and
Sgt. Kathleen Sullivan, Internal Investigation (708 -294 - 4482). The Village
requests any persons vv ith pertinent information to contact one of these officers
in this investigation. The Village looks for a quick conclusion to the
investigation. The Illinois State Police, DuPage County State's .attorney and
the Village of Oak Brook will give notice upon its conclusion. President
Bushy further noted it is important that the residents know we are being served
by the finest quality of public safety officers and commended our officers for
being able to cope with this difficult situation.
Motion by Trustee McInerney, seconded by Trustee Kenny, to approve the
minutes of the Regular Meeting of January 9, 1996 as presented and waive the
full reading thereof. VOICE VOTE: Motion carried.
u!�! A - I "
Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the
Omnibus Agenda.. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney, and Shumate.
Nays: 0 - None.
Absent: 2 - Trustees Payovich and Savino. Motion carried.
APPROVAL OF:
BIDES --
A• AUROVAL OF BILIS.: Approved Omnibus Vote.
PP $3873,586.50
B. APPROVAL OF PA RQ ..: PAYROLL --
1. January 12, 1996: Approved Omnibus Vote. $36,625.00grolss
2. January 13, 1996: Approved Omnibus Vote. $312,083.92groiss
C,,a(J%I O� llERS: None.
�I
VILLAGE OF OAK BROOK Minutes 2 of 12 January 23, 1996
l(�
t
U. PA Q IS.:
PAYOUTS:
1. GROU I RESQ T INC. PAYOUIS #I
'INFORMATION INORMATjN THN-MOGY ELAN _ : Approved
TECHNOLOGY
Omnibus Vote. PLAN
Approved Omnibus
F. BID AUTHORIZATION - AUTO Approved Omnibus AUTO PARTS
Vote.
BEI�-TTS CONSULTING SERVICES: AD d Omnibus Vote. BENEFITS
prove
N-OVEM13ER D DEC f BEE, 199.!,: Approved Omnibus Vote. REPORT
a •
Approved Omnibus Vote. CALENDAR
A. sAPPOINIMENTS: APPOINTMENT:
President Bushy explained that she accepted the resignation of Police PISAREK -
Chief Jim Fleming for reasons of health. He was qualified to retire ACTING CHIEF
after his many years of service in our Police Department. Upon OF POLICE
consultation of the Village Manager, President Bushy appointed
Acting Chief of Police, Lt. Allen Pisarek, as qualified for this
position. She publicly thanked Acting Chief Pisarek for his twenty -
two years of service in the Department And his temporary
appointment.
Motion by Trustee McInerney, seconded by Trustee Barterki, to
concur with the recommendation of President Bushy and appoint Lt.
Allen Pisarek as Acting Chief of Police filling the position held by
James R. Fleming who unexpectedly retired for health related
reasons. VOICE; VOTE: Motion carried,
i�
VILLAOE' OF OAK BROOK Minutes 3 of 12 January 23, 1996
;1 7
B.
A IT 411PVTO 1 A
5001a
•
Village Attorney Martens has drafted an ordinance amending the
Zoning Ordinance by adding "Historic Facilities" as a Special Use in
the C/R District. The original request by the Conservancy asked that
the following special use be added:
"(g) Historic facilities for uses necessary or appropriate to their
maintenance and public benefit and enjoyment."
Trustee Shumate noted that a revised Text Amendment Ordinance
was presented for approval this evening. Section 2(g) revised now
reads, "Historic facilities available to the public and used primarily for
educational, cultural and/or historic purposes and activities in
furtherance of the maintenance and support of the historic
facilities ". This clarifies the right of the Conservancy to hold benefits
and other fund - raising functions in support of the Conservancy's
historic preservation efforts. He requested a change in this language
to read: "Historic facilities available to the public and used primarily
for educational, cultural and/or historic purposes and educational or
cultural activities in furtherance of the maintenance and support of
the historic facilities ". This would allow fund - raising for cultural and
educational activities.
Counsel for the applicant, David Gooder, explained the need for the
Conservancy to have a wide variety of activities for fund- raising. He
named such activities as catered luncheons, daily tours, ccncerts,
exhibits, lectures, performing arts, receptions and social gatherings.
The previous oNvner of this property had held these type: of activities.
These activities are needed to continue to maintain the use of the
property as has been over previous years. The President of the
Conservancy proposed these activities to the Plan Commission and
the Zoning Board of Appeals. Trustee Shumate requested this list of
activities be included in the Text Amendment Ordinance rather than a
blanket of activities in furtherance of the maintenance and support of
the historic facilities. lie voiced a concern for the type of activities
that could occur without being on this list. Mr. Gooder indicated it
requires significant revenue for extensive renovation of the facilities
to meet ADA requirements. The Conservancy must receive Forest
Preserve District of DuPage County approval for their events and
would find it difficult to also seek approval from the Plan
Commission, Zoning Board of Appeals and the Village Board.
VILLAGE OF OAK BROOK Minutes 4 of 12 January 23, 1996
��
MA.YI LAKE
LANDMARK
CONSERVANCY-
TEXT
AMENDMENT
I,
Trustee Shumate again voiced his concern of such a broad definition
of events for the Conservancy over a long period of time.
Trustee Kenny explained that the Village Board does not want to
unreasonably restrict the Conservancy, but a bingo or Las Vegas night
may be objectionable by Trinity Lakes residents and not objectionable
by the Forest Preserve District of DuPage County. Could the Village
Board find some type of parameter of the events without unreasonably
restricting the Conservancy?
Trustee Shumate requested a list of special uses as long as an event
does not cause a nuisance to the area neighbors, since this is a
residential rather than a commercial sector of the Village. David
Fichter, President of the Conservancy, commented that the
Conservancy was rather specific on what event they would schedule.
Trustee Bartecki suggested the petitioner provide a list of events to be
included in the Ordinance, and then the petitioner would have to come
before the Village again if any changes were required.
President Bushy acknowledged a concern for the differences between
the Forest Preserve District of DuPage County and their
understanding of -what is acceptable in Oak Brook. An example
would be the fishing and public access to their lake. The residents of
Trinity Lakes were inconvenienced, and Village staff worked
diligently to require the Forest Preserve District to correct the public
nuisance. These residents deserve the Village's careful review of this
Text Amendment and its land use.
Mr. Gooder suggested the language of text remain but place
restrictions in the grant of the Special Use.
Upon further discussion, Village Attorney Martens suggested
deferring the matter until the next regularly scheduled Village Board
meeting for fiirther review by staff and the applicant.
Motion by Trustee Shumate, seconded by Trustee Bartecki, to table
Ordinance 96- ZO -TA -G- , "An Ordinance Arnending the Zoning
Ordinance of the Village of Oak Brook, Ordinance G -605 As
Amended, Relative to Historic Facilities in the C; R District ", to the
next Regular''✓illage Board meeting of February 13, 1996. VOICE
VOTE: Motion catTied.
VILLAGE OF OAK BROOK Minutes
91
S of 12 January 23, 1996
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Village Attorney Martens has drafted an ordinance granting a Special
Use for the Mayslake property at 1717 Oak Brook Road as a historic
facility. The following language which appears in the draft ordinance
addresses the Conservancy's proposed uses and the Village's desire
for clarity:
"(g) Historic facilities available to the public and used primarily for
educational, cultural and/or historic purposes."
Due to the previous discussion of the Text Amendment and request
for further review by staff and the applicant, the following motion was
presented.
Motion by Trustee Shumate, seconded by Trustee Kenny, to table
Ordinance 96- ZG- SU -S -_, "An Ordinance Granting a Special Use
for a Historic Facility (1717 Oak Brook Road, Oak Brook, IL
60521)1, to the next Regular Village Board meeting. of February 13,
1996. VOICE VOTE: Motion carried.
Pursuant to the provisions of Section 2 -182 of our Village Code and
the Illinois Compiled Statutes, the Village is permitted to join N� ith
other governmental unity in order to benefit from cooperative
purchasing arrangements. The State of Illinois has recently accepted
bids for the purchase of cargo vans, of the type required by our
Engineering Department. The cast breakdown for the vehicle is as
follows:
Replaces Engineering Unit #400,
82,000 miles
1987 Chevy Astro Van
....................
Base Price ............................... ....$13,992
Service manual .......................... ............................$90
Parts manual .............................. ............................$45
Add cloth seats ......................... ...........................$273
Delivery...................................... .....................,,,.J,,S60
Total Cost
.......... $14,460
V1LLA0F; Ol:{ OAK BROOK Minutes
r]
6 of 12 Januarry. 23, 1996
MAYST AKE
LANDMARK
CONSERVANCY -
SPECIAL USE
ENGINEERING
DEPT. VEHICLE -
STATE JOINT
PURCHASE
VILLAGE OF OAK BROOK Minutes 7 of 12 January 23, 1996
14
II
Motion by Trustee McInerney, seconded by Truste,- Kenny, to
forward a Purchase Order for one Chevrolet Lumina Cargo Van to
Heritage Motors, 601 Gale, Route 2 South, Oregon, Illinois 61061,
based on bids received by the State of Illinois. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney, and Shumate.
ii
Nays: 0 - None.
Absent: 2 - Trustees Payovich and Savino. Motion carried.
E. REQUEST EQR REDUC11ON IN S B121VISION SEMR11Y -
OAK BROOK LAKES
OAS BROQK. LAKE SUBLU12 MY
S-,IBDIVISION
REDUCTION IN
Village Engineer Durfey recommended that the Oak Brook Lakes
SUBDIVISION
Subdivision Letter of Credit be reduced by an amount equal to
SECURITY
$281,761.02 based upon the amount of work completed to date and
the data submitted by Michael Hughes. The Engineering Department
has spot-inspected the improvements as they have been constructed
and have found them to comply with Village regulations.
it
The original amount of subdivision security $381,000.00
Previous reductions 0.00
This reduction $281.76 l-02
Balance in subdivision security $ 99,238.98
With this request, the remaining portion of the subdivision security
will have 26% of the original amount.
Motion by Trustee Shumate, seconded by Trustee Bartecki, to reduce
the Oak Brook Lakes Subdivision Irrevocable Letter of Credit No. 95-
06 -01 -01 from the Midwest Bank of Hinsdale by the amount of
$281,761.02. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney, and Shumate.
Nays: 0 - None.
Absent: 2 - Trustees Payovich and Savino. Motion carried.
F. Q8 DINANNICE 26-13.U-S-840 QEDINANCE AUTHQRIZINQ
ORD.96-BU-S-840
LOANS TO THE SPORIS CORE FUN
LOANS TO THE
SPORTS CORE
At the Village Board meeting of November 14, 1995, approval was
FUND
given to increase the loan amount authorized from the General
Corporate Fund to the Sports Core Fund to $735.000, and to decrease
the loan amount authorized to the Golf Surcharge account of the
Sports Core to $150,000. Under the terms of that Ordinance, this
authorization is set to expire on January 31, 1996.
VILLAGE OF OAK BROOK Minutes 7 of 12 January 23, 1996
14
e •
Staff will address the repayment of the amounts owed to the General
Corporate Fund in conjunction with the preparation of the next Five -
Year Financial Plan. By that time, Staff will know the annount that
the Sports Core Fund will receive for the right-of-way tat,, ing along
31 st Street and have a sense of direction as to how we will proceed
with the potential sale of surplus land in the Westchester Park area. In
addition, Staff will be reviewing the long -term financing of the entire
Sports Core operation. Since fitinds are not currently available to
repay the loan, Finance Officer Langlois has requested the term be
extended for an additional year to January 31, 1997.
The 1996 Budget includes the repayment of $75,000 to the General
Corporate Fund from the Golf Surcharge account. This will occur
during the year as revenues are received, and should all be repaid by
the end of 1 997.
Motion by Trustee Bartecki, seconded by Trustee Kenny, to pass
Ordinance 96 -BU -S -840, "Ordinance Authorizing Loans to the Sports
Core Fund ", as presented and waive the full reading thereof. ROLL
CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney, and Shumate.
Nays: 0 - None.
Absent: 2 - Trustees Payovich and Savino. Motion carried.
. :.. 1 _ 6
In a survey of appropriate police personnel completed last summer
(96 percent response rate) it was the unanimous opinion of the
respondents that Ms. Pieczynski's overall performance as Village
prosecutor had been excellent. In addition, she has been
complimented consistently on the information, guidance and training
she has provided above and beyond her work in court. The
incremental cost of Ms. Pieczynski's services have been more than
offset by new revenue resulting from her work.
Please note a $5 per hour increase (from $85 to $90) for consultation,
research and trial preparation and any field court appearance
exceeding three hours in length. During 1995, the Village was billed
for 18.5 hours under that provision. 'the $128 base charge per court
session is unchanged.
VILLAGE OF OAK BROOK Minutes
tg_
8 of 12 January 23, 1996
`_ZES . 96- AG -EXI-
R -667
AGREEMENT FOR,
PROSECUTION OP
TRAFFIC AND
MUNICIPAL
ORDINANCE
VIOLATIONS
�t� <; �.
•4
8.
V)
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Motion by Trustee Kenny, seconded by Trustee Bartecki, to adopt
Resolution 96 -AG -EX 1 -R -667, "Resolution Authorizing the
Execution of Agreement for Prosecution of Traffic and Municipal
Ordinance Violations ", as presented and waive the full reading thereof
and authorize the Village President and Clerk to execute the
Agreement with Linda S. Pieczynski to prosecute local ordinance
violations on behalf to the Village. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney, and Shumate.
Nays: 0 - None.
Absent: 2 - Trustees Payovich and Savino. Motion carried.
A.
Ambulance
B.
Engineering Department
C.
Finance Department
D.
Fire Department
E.
Information Services/
N.
Purchasing
F.
Inspection Bureau
G.
Legal Department
H.
Library
I.
Planning & Zoning
J.
Police Department
K.
Public Works
L.
Recycling
M
Risk Management
N.
Sports Core - Bath & Tennis
and Golf
O.
Village Clerk
All Departmental Quarterly Reports were discussed and accepted,
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The Plan Commission and Zoning Board of Appeals have concluded
their review and hearings regarding this proposal. Both have
.recommended approval of the text amendment to change the
discontinuance date for none ;?forming business uses in residential
zoning districts f -• -° Jul-: 8, 1996 to July 8, 2U06. Both have
included addition&. - -�commeti,i, I ions for Village Board
consideration:
I . That efforts be made to implement the NVest by Wennes Court
residents for fencing along the north side of the York Tavern
parking area and for parking restrictions along the Wennes Court
roadway to discourage nonresident perking.
VILLAGE OF OAK BROOK. Minutes
9 of 12 `January 23, 1996
QUARTERLY
REPORTS
BORSOM
(YORK TAVERN)
3702 York Road
TEXT AMENDMENT
REVISE
DISCONTINUANCE
OF NON -
CONFORMING iVS- E
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2. That the Village review the appLopriateness of the Zoning
Ordinance Amortization Provisions.
3. The Plan Commission recommended: That the four I�
nonconforming businesses be brought into full compliance with the
applicable fire codes within two years.
4, The Zoning Board of Appeals recommended: That the Village
explores ways to deal with these businesses individually in order to
apply controls and regulations to minimize the negative impacts on
neighboring properties.
Trustee Shumate suggested that any recommendations be enforceable
in ordinance form so that it will be upheld in a court of law.
Mr. and Mrs. Joseph Rtjs!: and their daughter, 3712 Spring Road,
addressed the Village Board regarding their health concerns relating
to the Village Gate Tavern being located next to their residence. Mr.
William Kamper, Manager of the Village Gate, explained to the
Village Board the prior changes made by the Tavern to resolve the
concerns of the Rush family. Trustee Kenny requested a further good
faith effort by the Village Gate Tavern to alleviate the present
concerns of the Rush's.
Janice wolak, 3020 Oak Brook Road, discussed her concerns
regarding the dog kennel located at 31 st Street and Meyers Road.
Trustee McInerney requested an inspection of the premises of these
establishments to ensure they are in conformance with the special use
and a status of the findings. Village Manager Veitch explained that
the Village Gate was inspected a year ago and met all Code
requirements. The dog kennel could be inspected to ensure that it is
in conformance with the special use.
Trustee Kenny inquired into extending the amortization period with a
final date to eliminate the nonconforming uses. Village Attorney
Martens explained the Village would have a considerable burden in
demonstrating that the public welfare necessitates the elimination of
these uses. A nonconforming use is a property right of which the
owner cannot be unreasonably or arbitrarily deprived, as it was in
conformity with the zoning requirements when it was established, but
is now out of conformity with later zoning requirements. State law
provides for the gradual elimination of nonconforming uses and
structure; which are incompatible with the zoning district in which
they are located, but the case law is clear that before a property owner
VILLAOE OF OAK BROOK Minutes 10 of 12 January 23, 1996
ir
may be deprived of a nonconforming use, the municipality must find
that the public interest clearly justifies the financial loss to the
individual property owner who is required to terminate the
nonconforming use. This can be a heavy burden, as the property
owner will typically have a financial loss which must then be offset
by a significant public gain.
Trustee Shumate asked if the Board should review each special use on
its own merits. Village Attorney Martens explained the four
properties cannot be separated or distinguished without the Ming of a
new application. President Bushy suggested tabling the matter for
Board members to speak with Village Attorney Martens concerning
the legal ramifications of nonconforming uses. President Bushy also
suggested that the affected residents and owners of these
establishments meet to discuss resolving the concerns that were
discussed this evening.
The owner of the Green Meadows Kennel, Denise Monaco,
commented on the changes she had made in consideration of the
affected residents. She is willing to discuss any problems with the
residents.
President Bushy stated the greater issue is the continuance of the
special uses. The recommendation from the advising boards is a ten
(10) year extension of the nonconformng uses. Should a
nonconforming special use be eliminated completely was not brought
before them. This is a separate question that the Village Board and
the advising boards may address.
Trustee Shumate suggested the Board review this area in the
Comprehensive Plan.
Motion by Trustee Shumate, seconded by Trustee Bartecki, to table
this matter anti; the February 27, 1996 Village Board meeting and
direct the Village Attorney to review the recommendations of the
Zoning Board of Appeals and Plan Commission for further ways to
meet those recommendations; and request the petition - and
challengers of the requested nonconforming uses to discuss
eliminating any nuisances affecting the surrounding residents.
VOICE VOTE: Motion carried.
Trustee McInerney recummended staff list options if the ten -year
extension is granted or denied, and the implications of each option.
VILLAOE OF OAK BROOK Minutes
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11 of 12 January 23, 19',46
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ADMUMNIEM: OUM40
Motion by Trustee McInerney, seconded by Trustee Kenny, to adjourn the
meeting at 10:23 p•m. VOICE VOTE: Motion carried.
ATTEST:
Lind Gonnella, CMC
Village Clerk
bot123
VILLAOE OF OAK BROOK Minutes 12 of 12 January 23, 1996
E I