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
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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
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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
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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.
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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
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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.
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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
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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