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Minutes - 01/26/1999 - Board of Trustees2. 3. VILLAGE OF OAK BROOK Minutes JAN. 26, 1999 UNOFFICIAL UNTIL APPROVED AS WRITTEN _✓ OR AS AMENDED _ BY VILLAGE BOARD ON MEETING CALL: Village Clerk Gonnella asked for a motion from the floor to appoint Trustee Kenny as Temporary Chairman in the absence of President Bushy who was in Washington, D.C. in attendance of the United States Conference of Mayors. Motion by Trustee Bartecki, seconded by Trustee Savino, to appoint Trustee Kenny as Temporary Chairman for the Regular Board of Trustees meeting in the absence of President Bushy. VOICE VOTE: Motion carried. The Regular Meeting of the Board of Trustees was called to order by Temporary Chairman Kenny in the Samuel E. Dean Board Room of the Village Commons at 7:30 p.m. Pledge of Allegiance was given. ROLL CALL: The Clerk called the roll with the following persons PRESENT: Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate. ABSENT: President Bushy. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Tom Hawk, Director of Community Development; Debra J. Jarvis, Fire Chief/Building Commissioner; Bruce F. Kapff, Director of Information Services & Purchasing; Darrell J. Langlois, Finance Director/Treasurer; Richard A. Martens, Village Attorney; Michael J. Meranda, Public Works Director; Allen W. Pisarek, Chief of Police; Bonnie Sartore, Bath and Tennis Club Manager; Trey VanDyke, Golf Club Manager; Sean Creed, Golf Course Superintendent; Gail Peterka, Communications Supervisor; Vemette Richmond, Librarian; Roberta Petz, President, Library Commission; Barbara Benezra and Anthony Ingrisano, Members, Library Commission. ANNOUNCEMENTS & OPEN FORUM: Trustee McInerney asked that an update be included in the Village Board's packet regarding Mr. Kamper's installation of devices to curb the Village Gate's air pollutants to the Rush residence next door to the tavern. He further noted that DuPage Mayors and Managers Conference and the Illinois Municipal League are addressing the Religious Freedom Act on their 1999 legislative initiatives. Village Manager Veitch explained that it is their top VILLAGE OF OAK BROOK Minutes zl� 1 of 15 January 26, 1999 MEETING CALL ROLL CALL ANNOUNCEMENTS AND OPEN FORUM priority to see that this Act is amended such that zoning and other issues are exempt from this Act. Trustee McInerney voiced his concern that such local ordinances that require sprinkling in our community would not be enforceable under this Act. Trustee Bartecki voiced his concern of the cable provider showing a movie on Sunday evening that he felt was inappropriate for family viewing. Trustee Savino commented that the FCC has ruled that cable providers are permitted to show movies twenty -four hours a day under the Freedom of Speech. Trustee Savino stated that Mr. Kamper, Village Gate Tavern, had promised to extend their vent to improve the air quality from their establishment. He suggested having their license suspended if they had not complied. Village Manager Veitch explained that Director of Community Development Hawk has made attempts to contact Mr. Kamper on this issue and has been unsuccessful. Trustee Shumate acknowledged the Oak Brook Civic Association's Winter Carnival was held Sunday, and it was well attended. Two high school students were recipients of the Oak Brook Athlete Award. He asked that consideration be made to re- institute ice skating on the pond, since skating was canceled on the ice skating rink due to the warm weather. 4. APPROVAL OF MINUTES: Motion by Trustee McInerney, seconded by Trustee Caleel, to approve the minutes of the Regular Meeting of January 12, 1999 as presented and waive the full reading thereof. VOICE VOTE: Motion carried. 5. OMNIBUS AGENDA: Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the Omnibus Agenda. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. MINUTES APPROVAL OF: A. APPROVAL OF BILLS: Approved Omnibus Vote. BILLS - $539,532.21 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING PAYROLL — JANUARY 9,1999: Approved Omnibus Vote. $386, 220.06 (gross C. CHANGE ORDERS: None. VILLAGE OF OAK BROOK Minutes 2 of 15 January 26, 1999 `6 D. PAYOUTS: E. F. W PAYOUTS: 1) PENTAMATION - PAYOUT #14 - COMPUTER SYSTEMS - COMPUTER SYSTEMS $2,438,85: Approved Omnibus Vote. 2) INTERGOVERNMENTAL RISK MANAGEMENT AGENCY IRMA - ANNUAL (IRMA) - 1999 ANNUAL CONTRIBUTION - $484,251.00: CONTRIBUTION Approved Omnibus Vote. 3) NICHOLAS AND ASSOCIATES INC. - PAYOUT #1 - GOLF GOLF CLUBHOUSE CLUBHOUSE EXPANSION - $56,058-00: Approved Omnibus EXPANSION Vote. , REFERRALS: 1) VILLAGE OF OAK BROOK - SPORTS CORE/WESTCHESTER PARK SUBDIVISION - MAP AMENDMENT AND PRELIMINARY AND FINAL PLAT APPROVAL — REFER TO PLAN COMMISSION MEETING OF FEBRUARY 15 1999 AND ZONING BOARD OF APPEALS MEETING OF MARCH 2, 1999: Approved Omnibus Vote. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: REFERRALS: VILLAGE OF OAK BROOK - SPORTS CORE /WESTCHESTER PARK SUB. - MAP AMENDMENT, PRE- LIMINARY & FINAL PLAT APPROVAL 1) POLICE DEPARTMENT UNIFORMS: Approved Omnibus POLICE DEPARTMEN' Vote. UNIFORMS 2) GOLF COURSE COMMODITIES: Approved Omnibus Vote. GOLF COURSE COMMODITIES 3) 1999 PAVING AND WATER MAIN PROJECT: Approved 1999 PAVING AND Omnibus Vote. WATER MAIN PROJE( 4) 1999 PAVEMENT REJUVENATION PROJECT: Approved 1999 PAVEMENT Omnibus Vote. REJUVENATION PROJECT 5) FINAL DESIGN SERVICES - GOLF COURSE IRRIGATION GOLF COURSE SYSTEM: Approved Omnibus Vote. IRRIGATION SYSTEr ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREASURER'S REPOF DECEMBER, 1998: Approved Omnibus Vote. DEC., 1998 H. 1999 MARKETING CAMPAIGN IMPLEMENTATION - OAK OBHCVC - 1999 BROOK HOTEL CONVENTION AND VISITORS COMMITTEE: MARKETING Approved Omnibus Vote. CAMPAIGN VILLAGE OF OAK BROOK Minutes 3 of 15 January 26, 1999 I. GOLF MERCHANDISE FOR RESALE: Approved Omnibus Vote. GOLF MERCHANDISE FOR RESALE J.- PARTIAL RELEASE AND REDEDICATION OF EASEMENT PARTIAL RELEASE f FOR STORM SEWERS - LOT 12 WHITEHALL PARK REDEDICATION OF SUBDIVISION: Approved Omnibus Vote. STORM SEWER EASE- MENT- LOT 12 6. ITEMS REMOVED FROM OMNIBUS AGENDA: WHITEHALL PARK 5.F.6) SWIMMING POOL DECK REPLACEMENT AND ADULT SWIMMING POOL DEC WHIRLPOOL ADDITION - OAK BROOK BATH AND TENNIS REPLACEMENT & ADt CLUB: WHIRLPOOL ADDITIC Trustee Savino requested Agenda Item 51.6., "SWIMMING POOL DECK REPLACEMENT AND ADULT WHIRLPOOL ADDITION - OAK BROOK BATH AND TENNIS CLUB ", be removed as he wished to discuss his previous request that a slide be included in the proposal. He commented that he has spoken with Bath and Tennis Club Manager Sartore and asked that the motion be modified to include the slide. Trustee Bartecki inquired into the useful life of the swimming pool. Bath and Tennis Club Manager Sartore explained that the pool receives annual improvements of $15,000 to $20,000. The contractors that have maintained the pool indicate that the under cuttings of the pool are in good shape as well as the foundation being in excellent shape. It was extremely well built 35 years ago, but at some point a heater replacement may need to be done. Trustee McInerney suggested that an adult whirlpool be considered if the Village continues to add amenities so that it is a year -round facility. Trustee Bartecki indicated the Oak Brook Park District will be installing an indoor whirlpool. Trustee McInerney asked to withdraw his comments since the Park District is initiating a whirlpool in their plans. Trustee Shumate asked that grab bars be included in this proposal for the high dive board. Trustee Bartecki asked Trustee Shumate if he was interested in the whirlpool concept, and he indicated it would be a nice amenity for the summer facility. Village Manager Veitch suggested the Village Board may bid the project in such a way that the Board could decide whether to do the slide, whirlpool, deck and diving board ladder grab bars. VILLAGE OF OAK BROOK Minutes /Z� 4 of 15 January 26, 1999 Both the replacement of the existing pool deck and the addition of an adult whirlpool were approved as part of the 1999 Budget. The amount budgeted in the Sports Core Capital Project Program (841) for the replacement of the deck is $75,000, and the additional amount for the adult whirlpool is $30,000. Indications from several vendors are that it is possible to have this work completed prior to the season if the bid process begins promptly. Motion by Trustee Savino, seconded by Trustee Bartecki, to authorize Staff to advertise for bids for replacement of the existing pool deck, with the addition of an adult whirlpool and pool slide as alternates. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. 7. ACTIVE AGENDA (Items For Final Action): A. APPOINTMENTS: No Business. B. ORDINANCES & RESOLUTIONS: 1) RESOLUTION 99 -AP -R -716 RESOLUTION OF APPRECIATION - HANS HASEN: Temporary Chairman Kenny read in its entirety a Resolution commending Hans Hasen for his service as a member of the Zoning Board of Appeals from February, 1993 thorough December, 1998. Motion by Trustee Savino, seconded by Trustee Bartecki, to pass Resolution 99 -AP -R -716 as presented. VOICE VOTE: Motion carried. 2) RESOLUTION 99- SD -FP -EX 1 -R -717 A RESOLUTION APPROVING AN AMENDED AND RESTATED FINAL PLAT OF SUBDIVISION KNOWN AS DIEPSTRA SUBDIVISION (241735 th Street. Oak Brook IL 60523): A letter dated November 20, 1998 from James McNaughton states a surveying error that was found after the Diepstra Subdivision Plat was recorded. Upon checking by the surveyor, the north -south boundary of the subdivision was originally incorrectly depicted as too long by about four (4') feet. The Amended and Restated Plat has been submitted by the surveyor to correct these items. The original VILLAGE OF OAK BROOK Minutes L� 5 of 15 January 26, 1999 RES.99 -AP -R -716 RESOLUTION OF APPRECIATION - HANS HASEN RES.99-SD-FP-EX1- R-717 AMENDED & RESTATED FINAL PLAT - DIEPSTRA SUBDIVISION (2417 35th Street plat was slightly over three (3) acres which required detention for the site. With the correction, the site is now under three (3) acres and detention is no longer required. Therefore, the Amended and Restated Plat has deleted the detention requirement notes. Staff has reviewed the plat, concludes that it meets Village requirements and recommends approval. Village Attorney Martens has prepared the resolution for this purpose. Motion by Trustee Savino, seconded by Trustee Bartecki, to pass Resolution 99- SD- FP -EXI -R -717, "A Resolution Approving An Amended And Restated Final Plat Of Subdivision Known As Diepstra Subdivision (2417 35`� Street, Oak Brook, IL 60523) ", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. Trustee Caleel requested consideration by the Village Board of Agenda Item 9.C. before addressing Item 7.C., award of contracts for the new Library building. 9. C. RECOMMENDATION - LIBRARY CONCEPT DESIGN REVIEW: The Library Commission has reviewed the concept design, the building program and the most recent cost estimates from Carow Architects Planners. The Library Commission believes the concept design at 22,560 square feet lacks necessary storage space and recommends that the plan return to the original 24,000 square feet and include the roof overhang. The Library Commission' also recommends maintaining the curvilinear design. The Library Commission is concerned at the increased costs due to delay caused by litigation, but support the Foundation efforts to minimize the impact. The pledges to the Foundation at this point give confidence that these enhancements to the building can be provided without the Village exceeding the approximately $3.5 million (plus two years' interest) originally stated in the 1996 referendum question and approved by the Village Board in January, 1997. The building program is still applicable with the exception of changes in available technology. The Library Commission is reviewing the current draft of the technology plan for the new Library in order to assure that Oak Brook will have "state of the art" technology in its VILLAGE OF OAK BROOK Minutes 6 of 15 January 26, 1999 r4d, LIBRARY CONCEPT DESIGN REVIEW new library. The Commission will forward its library technology recommendation at an appropriate time. Motion by Trustee Caleel, seconded by Trustee McInerney, to approve the concept design of October 3, 1996 with modifications including a return to the 24,000 square foot floor area and addition of a roof overhang or sunscreen, and to proceed with the library construction project. Trustee Shumate asked for a clarification of the Library flat roof concept before a vote on this proposal. Mr. Carow addressed the Village Board and explained that it appears visually as a flat roof but there is a slope in it for drainage. The roof has had a track record for years, it would be guaranteed and repaired at no cost if something would happen. The open grillage allowing rain water to filter through is excellent for drainage. Trustee Savino asked if the proposed heating and air conditioning, two years ago, has more of a track record in the United States in the past two years. Mr. Carow indicated that this system has been installed in office buildings in Chicago, and the Zion Library will be installing this system. Trustee Shumate asked if a theater design still could be installed at a later date. Mr. Carow indicated this could be attached in the future if desirable. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS: 1) NEW LIBRARY BUILDING - FINAL DESIGN AND CONSTRUCTION SERVICES: Carow Architects, Planners, LLC completed the preliminary design for the library in 1996 and the Library Commission has reviewed and reaffirmed its support of the design concept. The Library Commission has recommended that the project proceed based on the original concept at 24,000 square feet. Following Board approval, Carow is prepared to begin the final design phase. The scope of services and compensation cover the design development, VILLAGE OF OAK BROOK Minutes ME, 7 of 15 January 26, 1999 AWARD OF CONTRACT NEW LIBRARY - FINAL DESIGN AND CONSTRUCTION SERVICES construction documents, bidding/negotiation and construction administration phases. The current construction cost estimate is $5,225,034 based on a 24,000 square foot building. A revised schedule, prepared by Carow, shows a two -year time frame for project completion. Funds for this project are included in the Library Building Project Program (10 -425). The results of the Carow study determined a current project estimate of cost for the new Oak Brook Library project of $4,855,903 and options for improvements amounting to another $369,131. The proposed budget without options is 39.9% higher than the October, 1996 estimate. The main difference is in construction cost. Cost escalation over two years only partially explains the difference. After reviewing and comparing the estimates of 1996 and 1998, staff believes there is a reasonable explanation and justification for this increase: On September 9, 1996, Carow prepared an estimate of building construction cost of $2,671,330 that included a 12% contingency and was based on costs obtained for the Woodridge Public Library, then under construction. This estimate was presented to the Library and Village administrations and the response was that it was on the high side and reductions should be made. The estimate was revised by making careful budget cuts that would not substantially reduce quality. The final building construction budget of $2,440,090 included a reduction of the contingency to 8% and was presented to the Village Board in October, 1996. In order to assess the construction cost differences between the Fall of 1996 and January of 1999, Carow received the Village's authorization to have an independent cost estimate prepared by Vistara Construction Services of Chicago. This estimate was made based on the same concept design Carow had developed in 1996. Received on December 72 19982 it outlines a building construction cost of $3,524,400 including a 10% contingency. The following is Carow's analysis of why the construction cost is substantially higher: 1) Escalation of construction costs has been dramatic over the past year. Shortages in steel and concrete (a nearly 100% increase in prices), as well as shortages in trained construction personnel resulting in higher wages have increased costs significantly. Costs received in current and recent construction bids have been much higher than the normal rate of escalation for the economy as a whole would have predicted. VILLAGE OF OAK BROOK Minutes 8 of 15 January 26, 1999 4 2) Carow's 1996 estimates were based on unit costs that were obtained in bidding on the Woodridge Public Library. The quality of the Oak Brook Library was to be similar to that of Woodridge. In reviewing the Woodridge bidding, Carow was fortunate to have had a very competitive construction markei at the time of bidding and it appears that lower bids were obtained than had been expected. 3) This second opinion of costs by Vistara Construction Services discovered some items that were originally overlooked or underestimated in the 1996 estimate and should be adjusted. 4) Cost estimators make price allowances that are on the high end for details that they cannot see; little or no detail has been provided to Vistara since Carow has not developed the design beyond a concept. Vistara admits being conservative in its estimate and states that schematic estimates can be only as accurate as the detail provided. Vistara believes they have given a realistic best estimate based on what is known at this time. Carow will develop the detail making sure that it fits within or is less than the Vistara numbers. In addition, the site development budget has increased by 48.2% over the original estimate. This increase is partially due to the necessity to provide new utility lines over further distances than staff had previously assumed and the increased costs since 1996 of removal of excavation and demolition materials to more remote dump sites. The Vistara estimate accurately reflects the needs of the Oak Brook Library based on the "Woodridge" standard, a quality library building built within a moderate budget. Carow recommends that the Vistara estimate with its 10% contingency should be used in establishing the new project budget. This higher contingency will help to protect against any further uncertainties in the construction market that may again escalate prices before bidding. Village Manager Veitch explained that the not -to- exceed amount is based upon estimated costs of building construction itself and the site development costs. The October, 1996 estimate totals approximately over $2.5 million, and the not -to- exceed architect and engineering services of $275,706 is 10.9% of the cost. Tonight the figure is also 10.9% of the construction and site development ,as they exist today including the additional square footage and the roof overhang (sunscreen system). That number is $422,612 and is based on a total VILLAGE OF OAK BROOK Minutes 9 of 15 January 26, 1999 Z141/5-1 construction and site development estimate of $3,902,556. In 1996 the total project cost was $3,469,866 but that number today, with the passage of time, has risen to $5,225,034 or 50% more than in 1996. Village Manager Veitch remarked that Mr. Carow has pointed out that escalation in construction costs and materials has been dramatic over the past year due to a shortage of steel and concrete. These commodities have increased 100% as well as shortages in the overall demand of trained construction personnel which has resulted in higher bid prices in labor. Mr. Carow also has indicated that the costs received in current construction bids has been much higher than the normal rate of escalation for the economy. Trustee Shumate inquired if the Village Board should wait until the Supreme Court makes a final ruling of the Appellate Court's decision. Village Attorney Martens explained that the appeal will be heard in court within a few weeks. He commented the Supreme Court hears very few of these cases, and he further suggested that the applicant did not meet the court rules for review. Chairman Kenny suggested based upon the recommendation of the Village Attorney that it seems unlikely the Supreme Court will reverse the Appellate Court, therefore, the Board should proceed with some type of provision if the Supreme Court would rule against the Village, that the contract would become null and void. He suggested the Board address other issues of cost in the contract. Trustee Bartecki recommended staff review this further and improve this proposal with other building projects that are being considered. It may be appropriate to use a construction manager to cover both this project and the municipal building project, then bring it to the Board for review at their next regular Village Board meeting. Chairman Kenny stated his agreement with Trustee Bartecki to have staff further review the proposal while moving forward with the project. Village Manager Veitch asked if it would be more appropriate to table this to the next Village Board meeting or to disapprove of this as presented. Motion by Trustee Caleel, seconded by Trustee Bartecki, to table this item to the next Regular Board meeting of February 9, 1999. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes 10 of 15 January 26, 1999 Z Trustee Savino suggested that this is a preliminary estimate and when Mr. Carow finishes his drawings and it goes out to bid, hopefully it Finance Director/Treasurer Langlois announced the Finance Department was notified that the December 31, 1997 Annual Report has received a Certificate of Achievement for Excellence in Financial Reporting Award for the twenty - first (21 s`) consecutive year. Fire Chief Jarvis indicated an increase in CPR certification training with 223 persons certified. Tonight's agenda has been placed on the Village's Web site, http: / /www.oak- brook.org. Chief of Police Pisarek noted that two arrests for burglary were made because citizens saw suspicious activity and reported it to the Police Department. Trustee Bartecki asked for a comparative analysis of the food and beverage revenues of the Bath and Tennis Club. Village Clerk Gonnella announced that there will be a simultaneous filing lottery for those candidates that filed on January 25, 1999 at 8:30 a.m. in the Village Clerk's office. This includes a lottery for placement on the ballot for the April 13, 1999 Consolidated Election for the following candidates for Village President: Karen M. Bushy, David H. Fichter and James R. Stange. A lottery also will occur for the following candidates for Village Trustee: John W. Craig, Timothy M. Mlsna, Alfred P. Savino and Mack H. Shumate, Jr. VILLAGE OF OAK BROOK Minutes 11 of 15 January 26, 1999 will be under the cost of the proposed estimates. 8. DEPARTMENTAL REPORTS - QUARTERLY REPORTS: QUARTERLY REPORTS A. Communications Center H. Library B. Community Development I. Police Department C. Engineering Department J. Public Works D. Finance Department K. Recycling E. Fire Department/EMS L. Risk Management F. Information Services/ M.- Sports Core - Bath & Tennis and Purchasing Golf G. Legal Department N. Village Clerk All Departmental Quarterly Reports were discussed and accepted as presented. Finance Director/Treasurer Langlois announced the Finance Department was notified that the December 31, 1997 Annual Report has received a Certificate of Achievement for Excellence in Financial Reporting Award for the twenty - first (21 s`) consecutive year. Fire Chief Jarvis indicated an increase in CPR certification training with 223 persons certified. Tonight's agenda has been placed on the Village's Web site, http: / /www.oak- brook.org. Chief of Police Pisarek noted that two arrests for burglary were made because citizens saw suspicious activity and reported it to the Police Department. Trustee Bartecki asked for a comparative analysis of the food and beverage revenues of the Bath and Tennis Club. Village Clerk Gonnella announced that there will be a simultaneous filing lottery for those candidates that filed on January 25, 1999 at 8:30 a.m. in the Village Clerk's office. This includes a lottery for placement on the ballot for the April 13, 1999 Consolidated Election for the following candidates for Village President: Karen M. Bushy, David H. Fichter and James R. Stange. A lottery also will occur for the following candidates for Village Trustee: John W. Craig, Timothy M. Mlsna, Alfred P. Savino and Mack H. Shumate, Jr. VILLAGE OF OAK BROOK Minutes 11 of 15 January 26, 1999 9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): , A. RECOMMENDATION - FOREST GATE SUBDIVISION - CALLAGHAN - NORTHEAST QUADRANT OF OAK BROOK ROAD AND ROUTE 83 - FINAL PLAT OF SUBDIVISION: Tabled at the Regular Meeting of January 12, 1999. The Plan Commission, at their December 14, 1998 meeting, reviewed the Forest Gate, Inc. petition for Final Plat approval for the Forest Gate Subdivision and by a vote of 5 to 0 (1 abstention) recommended approval with the following conditional elements: 1) Relief from the Subdivision Regulations as specified in the Preliminary Plat Resolution R -711, Sections 3 and 4 as follows: That the street width may be twenty feet (20') (face to face) for one -way cluster roadways and twenty -two feet (22') (face to face) for two -way cluster roadways (the Subdivision Ordinance requires that all roads be at least twenty -seven feet (27')); and That the outside face of curb radius on the cluster cul -de -sacs may be not less than fifty feet (50') (the Subdivision Ordinance requires sixty feet (60')); and That lots may be accessible to the right -of -way by access easement (the Subdivision Ordinance requires that lots abut on a street); and That all sidewalk requirements be waived. 2) A determination that due to the age limitation excluding persons under the age of 18, the number of students generated for the purposes of the School Contribution provision of the Subdivision Regulations is zero. 3) Redesign of the subdivision gateway in compliance with the requirements of Article VII, Section 3 (L) of the Subdivision Regulations. 4) Final Engineering approval. Attorney Robert Claes, representing the petitioner, addressed the Village Board regarding the time constraints. VILLAGE OF OAK BROOK Minutes 12 of 15 January 26, 1999 FOREST GATE SUBDIVISION - FINAL PLAT - (Callaghan - Northeast Quadrar of Oak Brook Roar: and Route 83) Motion by Trustee Savino, seconded by Trustee McInerney, to direct the Village Attorney to draft the necessary resolution for final plat approval subject to the following conditions: 1) Relief from the Subdivision Regulations as specified in the Preliminary Plat Resolution R -711, Sections 3 and 4 as follows: That the street width may be twenty feet (20') (face to face) for one -way cluster roadways and twenty -two feet (22') (face to face) for two -way cluster roadways (the Subdivision Ordinance requires that all roads be at least twenty -seven feet (27')); and That the outside face of curb radius on the cluster cul -de -sacs may be not less than fifty feet (50') (the Subdivision Ordinance requires sixty feet (60')); and That lots may be accessible to the right -of -way by access easement (the Subdivision Ordinance requires that lots abut on a street); and That all sidewalk requirements be waived. 2) A determination that due to the age limitation excluding persons under the age of 18, the number of students generated for the purposes of the School Contribution provision of the Subdivision Regulations is zero. 3 )Redesign of the subdivision gateway in compliance with the requirements of Article VII, Section 3 (L) of the Subdivision Regulations. 4) Final Engineering approval. VOICE VOTE: Motion carried with Trustee Caleel abstaining. B. RECOMMENDATION - PARKS - 3701 MADISON - AMENDMENT OF A PREVIOUSLY GRANTED FRONT YARD VARIATION: In 1982, Mr. and Mrs. Parks sought and were granted variations to both the front and rear yard setbacks. As far as Director of Community Development Hawk can determine, the rationale for granting these variations was based on the following: The property was a flag lot with a very shallow buildable depth; VILLAGE OF OAK BROOK Minutes 13 of 15 January 26, 1999 Z7;1 PARKS - AMENDMENT OF PREVIOUSLY GRANTE FRONT YARD VARIATION (3701 Madison) The topography of the property was severe enough with a substantial ravine bisecting the site that effectively limits the buildable area; and The location of the existing house. In 1991, the Mizen Subdivision was platted and the Parks' subsequently acquired Lot 5. Lot 5 immediately abutted their property along their east lot line. In 1997, the Parks' resubdivided their two parcels into a two lot subdivision with the dividing line now running east and west. This realignment of lot lines significantly improved the buildable area layouts of both lots which pretty well eliminated any need for rear yard setback relief on this property. Mr. and Mrs. Parks would now like to demolish the existing home and construct their new home essentially in the same general location. The reason for this is again prompted by the topography and also the desire to keep the number of trees to be destroyed to a minimum. The Zoning Board of Appeals held the necessary public hearing for the Parks Variation Amendment request on January 5, 1999, and by a vote of 5 to 0 has recommended approval. The key elements surrounding this request that were determined are as follows: The existing home and the proposed replacement are not readily visible from any neighboring home due to the wooded character of the area and the relatively large separation distances; The topography of the property falls off rapidly to the east and constructing a home in this area of the lot would have considerable increased cost impact; Construction of a home without any setback relief would require removal of several very mature trees; and The variation amendment does set some precedent as all variations do; however, due to the unique circumstances of the lot size, home separation distances, and wooded character, the precedent is probably not very significant. There was no public support or objection to the requested variation. VILLAGE OF OAK BROOK Minutes 14 of 15 January 26, 1999 44 Motion by Trustee Savino, seconded by Trustee McInerney, to direct the Village Attorney to draft the necessary ordinance for action at the Village Board meeting of February 9, 1999. VOICE VOTE: Motion carried. 10. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None. 11. ADJOURNMENT: Motion by Trustee Caleel, seconded by Trustee Bartecki, to adjourn the meeting at 9:07 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K onnella, CMC/AAE Village Clerk bot012699 VILLAGE OF OAK BROOK Minutes 4 15 of 15 January 26, 1999 ADJOURNMENT