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Minutes - 02/25/1992 - Board of Trusteeso ra - ra 1. MEETING CALL: VILLAGE OF OAK BROOK Minutes Feb. 25,E 1992 UNOFFICIAL UNTIL APPRO99D BY BOARD APPROVED AS IIRITTEN V OR APPROVED WITH, CORRECTIONS,- ,_„_,, BY VILLAGE BOARD 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 7:30 p.m. Pledge of Allegiance was given. 2. ROLL CALTS : CALL TO ORDER ROLL CALL The Clerk called the roll with the following Persons PRESENT: President Bushy, Trustees Bartecki, Krafthefer, Shumate, Skinner and Winters. ABSENT: Trustee Payovich. Village IN ATTENDANCE: Stephen Berley, Village manager; Richard A. Martens, Attorney; Dale L. Durfey, Jr., Village Engineer; Charles G. McAdams, Sports Core Manager and Tom Hawk,, Director of Code Enforcement. 3. ANNOUNCEMENTS & OPEN FORUM: None. 4. APPROVAL OF MINUTES: MINUTES 'trustee Skinner moved to approve the Minutes of the Comittee -of- the -Whole Meeting of February 10, 1992 as presented and waive the full reading thereof. Seconded by Trustee Winters. VOICE VOTE: Motion carried. Trustee Skinner moved to approve the Minutes of the Regular Meeting of February 11, 1992 as presented and waive the full reading thereof. Seconded by Trustee Bartecki. VOICE VOTE: Motion carried. 5. CONSENT AGENDA: Trustee Skinner moved to approve the Consent Agenda. Seconded by Trustee Winters. Roll Call Vote: Ayes: 5- Trustees Bartecki, Krafthefer, Shumate, Skinner and Winters.. Nays: O --None Absent: 1- Trustee Payovich. Motion carried. A. DU PAGE, COUNTY AMERICAN HEART ASSOCIATIOK 5K RUN: Approved Omnibus Vote .AMER. HEART ASSOC. 5K RUN B. PAYOUTS: PAYOUTS: 1. JAMES J. BENES & ASSOCIATES - PAYOUT #4 - JORI'E BOULEVARD FADS - BENES -JORIE PROFESSIONAL ENGINEERING SERVICES: Approved Omnibus Vote. BLVD. FAUS $1.5,1.14.27 2. JAMES J. BENES & ASSOCIATES -7 PAYOUT #8 - 1991 PAVING PROJECT -- BENES -1991 ENGINEERING SERVICES: Approved Omnibus Vote. PAVING PROJ. $3,662.56 VILLAGE OF OAK BROOK Minutes -1- February 25, 1992 4 3. 21" C - PAYOUTS 07 & #8 - Jor Boulevard aannd9C 6th Str, AND DESIGN SERVICES: AFr; roved Omnibus Vote. 2nd Street -& CMT -8CS & 9CS - CONSTRUCTION $8,757.95 $10,956.45 4. CRAWFORDL MURPHY & TILLY INC. - PAYOUT #3-- WINDSOR & HARGER BRIDGE CMT- WINDSOR & DESIGN: Approved Omnibus Vote. HARGER BRIDGE __.,_.. $10822.73 G REFERRAL - MUTUAL LIFE INSURANCE RADIO & TEIRISION STATION WITH REFERRAL : MUTUAX PRODUCTION STUDIO - SPECIAL USE 42000 York Rr��d�: Approved Omnibus Vote-LIFE INS. TV STATION -SPEC. 6. ITEMS REMOVED FROM CONSENT AGE: USE None. 7. ORDINANCES AND RESOLUTIONS: A. RESOLUTION NO. R -553 RESOLUTION Of APPRECIATION - CLAYBOURNE A. CROUCH: RES. H -553 CROU President Bushy read in its entirety the proposed Resolution of Appreciation commending Claybourne A. Crouch, 16 Brighton Lane, for his service as a member of the Zoning Board of Appeals from September, 1980 through January, 1992. Trustee Winters moved to pass Resolution No. R -553 as presented. Seconded by Trustee Skinner. VOICE VOTE: notion carried. B. RESOLUTION NO. R -554 RESOLUTION OF APPRECIATION - ELAINE D. HERMAN: RES. 19 -554 President Bushy read in its entirety the propose'.d Res luti nfof her Appreciation commending Elaine D. Herman,, 302 service as a member of the Zoning Board of Appeals from September, 1987 through January, 1992. Trustee Winters moved to pass Resolution No. R -554 as presented. Seconded by Trustee Skinner. VOICE VOTE: Motion carried. C. RESOLUTION NO. R -555 RESOLUTION OF APPRECIATION - ROY G• MARTINELLO: RES. R-555 President Bushy read in its entirety the proposed Resolution of Appreciation commending Roy G. Martinello, 3 Carlisle Drive, fo8hishrough service as a member of the Zoning Board of Appeals from May, 5 t January, 1992. Trustee Winters moved to pass Resolution No. R-555 as presented. Seconded by Trustee Skinner. VOICE VOTE: Motion carried. D. ORDINANCE NO. G -431 AN ORDINANCE AMENDING ARTICLE I VILLAGE RECREATIONAL SPRTS -CORE ORDINANCES OF THE VILLAGE OF OAK BROOK RELATING TO FEES FACILITIES: Trustee Winters requested further analysis of a daily fee entsstructure for the Bath & Tennis Club as another opportunity for members of the Bath & Tennis. Trustee Bartecki reccalmended that this proposal be investigated for the next season. President Bushy stated this VILLAGE OF OAK BROOK Minutes 1,42 c.»r ..+. «k »_.. ... ..«,. '. �qyx '�1C.�'��,+..+rer+.w- +w��nwat MbuOM�ww�.. rr•e.uw.u...............»...��_ ..2- February 25, 1992 VO 2P. ecr(- M I would be a philosophical change for the Bath & Tennis Clrb and require major physical changes. Trustee Krafthefer moved to pass Ordinance No. G -481 as presented and waive the full reading thereof. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 4- Trustees Krafthefer, Shumate, Skinner and President Bushy. Nays: 2- Trustees Bartecki and Winters. Absent: 1- Trustee Payovich. Motion carried. Trustee Winters moved to direct Staff to prepare a'daily fee structure proposal for the Bath & Tennis Club for the next Regular Meeting. Seconded by Trustee Skinner. VOICE.VOTK: Motion fails with Trustees Skinner and Winters voting aye. E. AN ORDINANCE AMENDING SECTION 2 -225 "FEES' OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK: This item was placed later on the aginda pending the arrival of Trustee Payovich. 8. DEPARTMENTAL REPORTS - SPECIALTY AREAS: None. 9. UNFINISHED BUSINESS: A. RECOMMENDATION RYS REAR YARD HEIGHT VARIATION {2421 35th Street: RYS -REAR YARD VAR. Application has been made for a fence variation. The Zoning Board of (2421 35th St.) Appeals have recommended denial of the requested fence variation to vary the maximum height permitted by the Village of 42 inches and allow construction of a 60 -inch high fence. Trustee Krafthefer stated he would vote " nay on the recommended denial from the Zoning PP onin Board of Appeals for the requested fence variation due to the $300.00 application fee required when most fence variations are denied. Trustee Skinner stated Director of Code Enforcement Hawk is assembling a packet for residents explaining application fees and guidelines for proposing any variations for Board approval. Trustee Skinner moved to concur with the recommendation of the Zoning Board of Appeals for denial due to no uniqueness of circumstances for the requested fence variation. Seconded by Trustee Winters. Roll Cal]. Vote: Ayes: 4- Trustees Bartecki, Shumate, Skinner and Winters. Nays: 1- Trustee Krafthefer. Absent: 1- Trustee Payovich. Motion carried. B. OAK BROOK PARK DISTRICT - DISCUSSION REGARDING UTILITY TAIL: O.B.PK. DIST. UTILITY TAX President Bushy noted Oak Brook Park District President Johnson, Park Commissioners Madda and Linquist were in attendance at the meeting. VILLAGE OF OAK BROOK Minutes -3- February 250 1992 President Bushy further stated the legal opinion of Village Attorney Martens that a non --home rule community is not able to 'exempt any local government entity. Trustee Winters recused himself from discussion or voting due to employment by Illinois Bell. Trustee Krafthefer moved that the Oak Brook Park District, a governmental unit, be rebated the utility tax charge retroactive to its passage. Motion failed due to lack of a. second. Trustee Shumate moved to direct the Village Attorney to confer with the Oak Brook Park District .'attorney on the legality of a rebate to the Park District or legality of the concept of a monetary gift. Seconded by Trustee Krafthefer. Roll Call Vote: Ayes: 2- Trustees Krafthefer and Shumate. Nays: 3- Trustees Bartecki, Skinner and President Bushy. Absent: 1- Trustee Payovich. Abstain: 1- Trustee Winters. Motion failed. C. WATER SERVICE REQUEST_- ROUTE 83 & ODGE§ (DAMIS) : This item was placed later on the agenda pending the arrival of Trustee Payovich. D. RECOMMENDATION FOR APPROVAL OF FINAL OFFICIAL LIST OF EXEMPT DEVELOPMENTS FROM DU PAGE COUNTY STORMWATER FLOOD IN ORDINANCE: This item was placed later on the agenda pending the arrival of Trustee Payovich. 10. NEW BUSINESS: A. REc:oMMENDATION - CHRIST CHURCH OF OAK BROOK - SPECIAL USE AMENDMENT 501 CHRIST CHURCHI Oak Brook Rte: SPEC-USE AMEND. 501 0 . B . Road) President Bushy stated her husband is a Trustee or Christ Church and recused herself from discussion or voting on proposed petition. She further appointed Senior Trustee Winters as Chairman to preside on the requested Special Use Amendment. Mr. Howell, Christ Church Trustee, and Mr. Johnson, Christ Church Business Manager, presented the proposed building expansion to the Board. Christ Church has petitioned the Village for an amendment to their Special Use to allow construction of a choir rehearsal room and additional classrooms. Their petition is in compliance with the zoning ordinance requirements for this Special Use and with the underlying requirements of the zoning district. The Plan Commission, at its meeting of January 20, 1992, and the Zoning Board of Appeals, at its meeting of Fobrua.ry 4, 1992, both recommended approval of the requested Special Use Amendment and found that the request is in accordance with the necessary standards. Trustee Skinner moved to direct the Village Attorney to draft an ordinance relative to the requested Special use Amendment. Seconded by Trustee VILLAGE OF OAK BROOK Minutes -4- February 25, 1992 V L9 S... e®-r. A � A!5-cia-o 0 Krafthefer. Roll Call Vote: Ayes: 5- Trustees gartecki, Krafthefer, Shumate, Skinner and Winters. Nays: 0 -None. Absent: 1- Trustee Payovich. Motion carried. B. RECOMMENDATION - CLADEK- SIDE YARD AND FRONT y RD_VARIATIONS 1408 Luthin CLADEK -SIDE Road): & FRONT YARD VAR.008 Luthin Mr. Barone, former Zoning Board of Appeals member, and other neighbors of the petitioner, stated their approval of the proposed variation to the Board. Application has been made for a sides yard variation for a room addition at the northeast corner to permit a side yard of 15 feet instead of the required 18 feet and a third car addition to the garage requesting a side yard variation to pev it a side yard of 10 feet instead c' the required 18 feet and a front yard variation to permit the eave to encroach 2 feet into the 40 -foot required front yard. The Zoning Board of Appeals, at its meeting of February 4, 1992, recommended approval of the requested side and front yard variations. Trustee Skinner moved to direct the Village Attorney to draft an ordinance relative to the requested side yard variation to permit a side yard of 15 feet instead of the required 18 feet. Seconded by Trustee Winters. VOICE VOTE: Motion carried. Trustee Skinner moved to direct the Village Attorney to draft an ordinance relative to the requested side yard variation to permit a side yard of 10 feet instead of the required i8 feet and a front yard variation to permit the eave to encroach 2 feet into the 40 -foot required front yard. Seconded by Trustee Shumate. VOICE VOTE: Notion carried. Trustee Payovich arrived at 8 :55 p.m. C. RECOMMENDATION ROOD (DUDEK} ° FLOOD PLAIN SPECIAL USE (Z5 Yorkshire ROOD (DUDEK) ---� "—` ' Woods FP SU (15 Yorkshire) Application has been made for a Flood Plain Special Use to flood proof petitioner's home and an area of the yard. The flood protection will be accomplished by the construction of a concrete wall and an earthen berm. Village Engineer Durfey approved the final engineering plans ant the Illinois Department of Transportation Department of Water Resources permit has been issued. Both the Plan Commission, at its meeting of January 20, 1992, and the Zoning Board of Appeals, at its meeting of February 4, 1992, recommended approval of the requested Flood Plain Special Use subject to certain conditions as noted in Chairman Kenny's letter to the Village President and Board of Trustees dated February 7, 1992. Trustee Skinner moved to direct the Village Attorney to draft an ordinance relative to the requested Flood Plain Special Use. Seconded by Trustee Payovich. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes -5•• February 25, 1392 V0 c, 1...I • D. RECOMMENDATION - VILLAGE OF OAK BROOK EMERGENCY ►. RNING SIREN SYSTEM: 0.B-EMERGENCY WARNING SIREN President Bushy commended Staff for their efforts in establishing the SYSTEM Emergency Warning Siren System. Both the Plan Coir4nission, at its meeting of January 200 1992, and the Zoning Board of Appeals, at its meeting of February 4, 1992, found the proposal in accordance with the required standards and findings and in the public interest of the Village and recommended approvat. Trustee Winters moved to direct the Village Attorney to draft the necessary documentation toe a) amend the various zoning district special use provisions to include "Public Warning Devices "; b) variations to cover the pole height and noise levels; and c) approval of Special Use for the four locations. Seconded by Trustee Skinner. VOICE VOTE: Motion carried. E. RECOMMENDATION TO PURCHASE 1992 TENNIS MERCHANDISE: PURCHASE 1992 .ten ins— .w�a�a.a.n.w nn— ■ r— r��s.n�..i�n�cwowrnw�an TENNIS MERCHAN- Trustee Krafthefer moved to approve the purchase of products for the 1992 DISE season from: Head, $4025; Le Coq Sportif, $2674; Nike, $1361; Prince, $5968; Wilson, $4201; and Flying Colours, $600 for a total purchase amount of $18,829.00. Seconded by Trustee Winters. Roll Call Vote: Ayes: 6- Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0 -None. Absent: 0 -None. Motion carried. F. REQUEST FOR WAIVER OF BUILDING PERMIT FEES -DU PAGE MAYORS & MANAGERS WAIVER OF FEES CONFERENCE (1220 Oak Brook Road): DuPAGE M & M (1220 O.B.Rd.) Trustee Skinner moved to grant the DuPage Mayors & Managers Conference's request and waive the Building Permit Fees associated with the Conference's Building Permits for 1220 Oak Brook Road. Seconded by Trustee Payovich. Roll Call Vote: Ayes: 4-Trustees Krafthefer, Payovich, Skinner and President Bushy. Nays: 3- Trustees Bartecki, Shumate and Winters. Absent: 0 -None. Motion carried. G. STATE OF ILLINOIS /DEPARTMENT OF CONSERVATION BICYCLE PATS[ GRANT: STATE OF ILL / DEPT. OF CON - The State of Illinois /Department of Conservation has a bicycle path grantSERVATION program which includes a multiple page application which needs to be BIKE PATH received by them by March 1st of any given year. The grant application is GRANT up to 50% of the cost. Staff assumes a $41,000 construction cost; therefore requesting $20,500 for the grant. Trustee Payovich moved to authorize staff to apply to the State of Illinois /Department of Conservation for a Bicycle Path Grant for the pathways at 22nd Street /Salt Creek and Midwest Road /35th Street. Seconded by Trustee Skinner. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes -6- .... _,._� ....r.....�y.�w.... _.._.w.�. ._..�. .. February 25, 1992 7.E. ORDINANCE NO. G -482 AN ORDINANCE AMENDING SECTION! 2 -225 # "FEES" OF THE ORD. G -482 CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK: CODE AMENDMENT "FEES" The proposed ordinance revises the cc;e to require reimbursement to the Village by an applicant when the Village utilizes consulting services in their review. Trustee Payovich moved to pass Ordinance No. G -482 as presented and waive the full reading thereof. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. . Nays: 0 -None. Absent: 0 -None. Motion carried. 9.C. WATER SERVICE REQUEST - ROUTE 83 & HODGES (DAMIS): WATER SERVICE ■ i ® —�i a■�r i�■�srr.�-r rte. REQUEST:DAMIS Trustee Payovich staters Village Attorney Martens' legal opinion of the (Rt.83 &Hodges) proposed water service agreement will not prejudice any future water service agreements with the Village of Oak Brook. Trustee Shumate stated our first priority is to service Oak Brook residents and the Village should not go beyond any non - certificated areas. Trustee Payovich moved to enter into a water service agreement with Kostas (Gus) Damis for water service to a 1.58 acre parcel in tile northwest corner of Route 83 /Hodges Road,, Oakbrook Terrace at the current water rate. Seconded by Trustee Winters. Roll Call Vote: Ayes: 5- Trustees Bartecki, Krafthefer, Payovich, Skinner and Winters. Nays: 1- Trustee Shumate. .Absent: O -None. Motion carried. 9.D. p■ECOM+WMATION FOR APPROVAL OF FINAL OFFICIAL LIST OF EXEMPT DEVELOPMENTS LIST OF FROM DU PAGE COUNTY STORMWATER FLOODPLAIN ORDINANCE: EXEMPT DEVELOP- MENTS- COUNTY The Official List of Exempt Developments, dated February 15, 1992. from STORMWATER, Engineer Durfey, is the updated Official List which encompasses all FLOODIPLAIN ORD. approved projects up to that date. This list in effect grandfathers these projects since they were approved under the old regulations and do not have to comply to the new regulations. Trustee Payovich moved to approve the finalized Official List of Exempt Developments for the DuPage County Stormwater Management Plan and Stornmater and Flood Plain Ordinance. Seconded by Trustee Skinner. VOICE VOTE: Motion carried. 11. FINANCIAL: A. Approval of Bills: APPROVAL OF BILLS Voucher List of Bills Presented for Approval February 25, 1992 to reflect payment from the following funds: General Corporate Fund $ 92,970.50 Hotel /Motel Tax Fund 12,102.00 Motor Fuel Tax Fund 10,172.21 Water Fund 276,467.46 Sports Core Fund 45,454.92 VILLAGE r7 OAK BROOK Minutes February 25, 1992 4 9 mwmld 0 0 Trustee Bartecki moved to approve Voucher List of Bills in the total amount of $437,167.09 and authorize the Village President to affix her signature thereon. Seconded by Trustee Krafthefer. Trustee Winters abstainedlfrom voting on the bills from Illinois Bell due to employment by same. Moll Call 'Vote: Ayes: 6-Trustees Bartacki, Krafthefer, Winters. Nays: 0 -None Absent: 0 -None. Abstain: 1- Trustee Winters as noted above. B. Investment: Payovich, Shumate, Skinner and Notion carried. INVESTMENT The Board requested Village Manager Barley to clarify the investment that was presented to thA Board for approval and report said findings to the Board. Trustee Bartecki moved to renew one federally secured Certificate of Deposit in the amount of :807,767.88 to mature at standard Federal Bank on May 11, 1992 at a rate of 4.25 %. This certificate is drawn on the Water Fund. Seconded by Trustee Spinner. Roil Call vote: Ayes: 5-Trustees Bartecki, Kra €thefer, Payovich, Skinner and Winters. Nays: 1- Trustee Shumate. Absent: 0 -None. Motion carried. President Busby announced a notice of a public informational meeting on Wednesday, March 4, 1992 at 7:00 p.m. in the Civic Room of the Police Department, 121 Symonds Drive, Hinsdale, regarding proposed spraying for gypsy moths. 12. EXECUTIVE SESSION: EXECUTIVE SESSIOV Trustee Skinner moved to adjourn the meeting at 3:40 p.m. to Executive Session for discussion of personnel and employment. Seconded by Trustee Payovich. Roll Call Vote: Ayes: 6- Trustees Bartecki, Kraftheferr Payovich, Shumate, Skinner and Winters. Nays: 0 -None. Absent: 0 -None. Motion carried. 13. ADJOURNMENT: Trustee Eartecki'moved to adjourn the meeting at 1 :30 a.m. Trustee Skinner VOICE VOTE: Motion carried. ATTEST: s r a K. donnella. Village Clerk a:btmn225 Seconded by ADJOURNMENT VILLAGE OF OAK BROOK Minutes -8- February 2S, 1992