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Minutes - 01/23/1996 - Board of Trustees' "' X53,+ ?° ?" t" �. .fn}s:�•�„rm�..r.,�,,.�.y..,___ •, .. .....__ _ .. - _ ''1' •,, w,', . ,Ny,„ . S` r ;`r• i :'aY;F° P: Cr4 7;f' €•i. ss.�•�5;w� q^,. n r "�"r •' ke: Ys';"'17n � � ��'�''. r y�; "A' .G iawy.Mr£p f.- ,•..V;Y'+, "i max_ I) 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 Y: R i 5y$, ; ;`; •.. ? n,y „ :u ai titi}n i' %4 itY r r 1 /�.,r' R}r 5p b }°rne g� ye, . ^uF„ ` i ii It I� 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 x. >.-�, •�;.. �x .,,r r�. ��,` .� ,. -"�c',,..^*^*r---^�^•r ^�.?�a;?c :�:,•��4, »y�:`vS; :.. "� *` "�" - � r�.., t ",,.?�xia".p `':ra��"�1i��'�n .7 s;...r'= ^r— a� �.�: ^«• -� ,�,,,,:�c,.. - +;rs .a7:i ,t•; ':;i ,F'- - _ iE^"_i < par t., ps;,< �:`rr'<f ',t,t,?, <. .s`.`�v "x;.n y:rn.'.:::.: 3W Ale 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) o • 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, •uu.. :• • Y41TA 0 .► fit � �� �•:. • :,1,.. alt._► � +, li. 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 .,. +-•'.st �'+i k h J'1' :RNK f�Vr•:i*S s'An `t •�d`~ mx .. , .i, _ _ q?� 4 7" -w I �I 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 0 Um 11 of 12 January 23, 19',46 Cx".z+7"'7'r^?�r ^ ^^�- rn^nr�^�!.n �I I� N �!mlvn qv ws,", ��, �1011-� "AMM, MIN I'll, s. oft 7; ,-7ZP, WN � , W�� -97PPTI ADJRT 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