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Minutes - 02/27/1996 - Board of TrusteesVILLAGE OF OAK BROOK Minutes Febrlim M122-6 996 UNOFFICIAL UNTIL APPROVED AS WRITTEN _✓ O%AS AMENDED BY VILLA sE BOARD ON 1 MEE RiG CALL . MEETING CALL The Regular Meeting of the Board of Trustees was called to order by President Bushv in the Samuel E. Dean Board Room of the Village Commons at 7:31 p.m. Pledge of Allegiance was given. 2. ROLL-CALL: ROLL CALL The Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate. ABSENT: None, IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael xk. Crotty, Assistant to the Viilage Manager; Richard D. Klatzco, Interim Chief of Police; Darrell J. Langlois, Finance Officer /Treasurer; Richard A. Martens, Village Attorney; Robert Nielsen, Fire Chief /Building Commissioner; Bonnie Sartore, Bath and Tennis Club Manager; and Lt. Allen Pisarek, Police Department. 3 • ANNQUNCEM NTS & QPEN FORUM: ANNOUNCEMENTS A" Lucia Sutton, �•y FORUM President of the Oak Brook Lib Association, commended the OPEN Village Board for expanding the Sunday hours of the Library and presenting for the November 5, 1996 General Election a question of public policy of a proposed new Library facility :or Oak Brool . President Bushy announced that in- person absentee voting is available for Oak Brook registered voters in the Village Clerk's office ftom 8 :30 a.m. to 5:00 p.m. Monday through Friday until March 15, 1996. 4. APPROVAL OF MINUTES: MINUTES Motion by Trustee McInerney, seconded by Trustee Kenny, to approve the minutes of the Regular Meeting of February 13, 1996 as presented and waive the full reading thereof. 'VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK IAinutes 1 00 February 27, 1 g96 Motion by Trustee McInerney, seconded by Trustee Kenny, to approve the Orranibus Agenda. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. APPROVAL OF: A. APPRO BILLS - �jAL. CAF BILLS: S: Approved Omnibus Vote. $3639215.10 PAYROLL - B. APPROVA . (�� Pte' ROLi : Approved Omnibus Vote. $274,429.95(gross C. CHANGE OO I)FM: None. D. PAYOUTS: PAYOUTS: I . i MES J BEN S & ASSOCIATFS,NC PAYOUT #5 1996 1996 PAVING PAVING P1ZO1ECT. DES1QN - $1 1310,49: AiDDroved Omnibus PROJECT Vote. 2. JAMES J BENES & ASSOCIATES, INC PAYOUT15 22ND /YORK ROAD _ 22NDfYORK RQAD - DESIGN - $11,428.50: Approved DESIGN Omnibus Vote. 3. CIVILTECH ENNQ ER_ PAY. OUT #7 - 31ST STREET 31ST STREET BIKE MAIL- PRELIMINARY ENGINEERING -%2 _453.39: BIKE TRAIL Approved Omnibus Vote. r BIKE TRAIL - PRELIMINARY ENQINEERING-- $1 .500,02- BIKE TRAIL Approved • • 5. CROUP I DSO R , .INC. -FAY OUT #5-- INFORMATION INFORMATION : Approved Omnibus Vote. TECHNOLOGY PLAN 6. HUFF & HUFF, PAYOUT 43 • 1N pER r R Q ]Nn SI AGE UST RF..MEDIATIVN - $3,144.67: Approved Omnibus Vote, E. E'R�: 1ir :C� 'R,,. 3025 Lincoln) VA I,AIIONS - i QJ REFERRAL: BECKER AMA A „ I. VARIATION �F II�$� —LOT UBU VISM - REFER TO PLAN C()MMISSIC T M j_'.*rI1`G OL AREA & WIDTH, MARCH 180 129 N . 2<ONINQ BO R t) Ol _AP LAI.S PRE - & FINAL PI AT ,• 1ST UI APRiI,..2 996: Approved Omnibus Vote. OF SUBDIVISION (3025 Lincoln) VILLAGE OF OAK BROOK Minutes 2 of 9 February 27, 1996 60 t "'� � i� s 5 � w i � a � � � , q,K xw � i - � ., -... _ . r - .... -- --•-gym c i E. BID AUTHQIZATION - 1996 PAVING PROJE 1996 PAVING INFRASTRUCTURE EUND PHASE: Approved Omnibus Vote. PROJECT- INFRA- STRUCTURE FUND G. BID AUTHORIZATION - 1296 CRACK SEALING PROJECT: PHASE 1996 CRACK Approved Omnibus Vote. SEALING PROJECT H. AUTHORIZATION TO NEGODATE CONTRACT INSPECTION 22ND ST. /YORK RD. RVICES - 22ND ST EMORK ROAD: Approved Omnibus INSPECTION Vote. SERVICES 1RQy-1N-Q RES.96- CB- RR -R -66C Vi%2E TIER BASIC SERVICE TIEF • U. : __ u • .U1.� 11=4 am _� : • . ► .� r. • President Bushy announced the appointment of Richard D. Klatzco as the Interim Chief of Police for the Village of Oak Brook. Chief Klatzco will operate the Police Department as the interim Police Chief until the position is filled permanently. President Bushy publicly thanked Mr. Richard Rieser. President of the Oak brook Bank and Mayor of the Village of Northfield, since he recommended Mr. Klatzco as a candidate for the temporary position. President Mushy introduced Police Chief Richard D. Klatzco anJ his wife, Dorothy, to the Village board and residents. VII LA014 F O OAK BROOK. Minutes 3 of 9 February 27, 1996 APPOINTMENTS: KLATZCU - INTERIN, CHIEF OF POLICE .f FOR CABLE TENSION SUBSCRIBERS WITHIN THE CABLE TV VILLAGE OF OAT{. BROOK: Approved Omnibus Vote. J. BID AUTI IORIZAT IQN - LANDSCAPE CONTRACT: Approved LANDSCAPE Omnibus Vote. CONTRACT K. ACCEPT AND PLACE ON FILE - MEASURER'S REPORT--QE TREASURER'S REPORT JANUARY, 1996: Approved Omnibus Vote. JAN . , 1996 L. RESOLUTION 96- I120T -R -670 1996/1997 PERMIJ RES . 96- IDOT -R -670 RESOLUTION - I1,LINOIS DE ARIMENI QE 96/97 PERPMIT TRANSPORTATION aQOj): Approved Ornnibus Vote. RESOLUTION M. ARTHRITIS EOI.JNDATION iK -RUN: Approved Omnibus Vote. ARTHRITIS FOUNDA- TION 5K RUN N. AMERICAN CER SOCIETY- ANNUAL WALK'N'ROi I • AMER. CANCER SOC. Approved Onia ibus Vote. WALK' N' ROLL • U. : __ u • .U1.� 11=4 am _� : • . ► .� r. • President Bushy announced the appointment of Richard D. Klatzco as the Interim Chief of Police for the Village of Oak Brook. Chief Klatzco will operate the Police Department as the interim Police Chief until the position is filled permanently. President Bushy publicly thanked Mr. Richard Rieser. President of the Oak brook Bank and Mayor of the Village of Northfield, since he recommended Mr. Klatzco as a candidate for the temporary position. President Mushy introduced Police Chief Richard D. Klatzco anJ his wife, Dorothy, to the Village board and residents. VII LA014 F O OAK BROOK. Minutes 3 of 9 February 27, 1996 APPOINTMENTS: KLATZCU - INTERIN, CHIEF OF POLICE .f Motion by Trustee Kenny, seconded by Trustee Shumate, to concur with the recommendation of President Bushy and ratify the appointment of Richard D. Klatzco as Interim Chief of Police effective February 15, 1996. VOICE VOTE: Motion carried. Motion by Trustee McInerney, seconded by Trustee Savino, to concur CHRISTOPHER with the recommendation of President Bushy and appoint Gail 1996 ETHNIC FEST Christopher as At Large Member of the Oak Brook 1996 Ethnic Fest COMMITTEE Committees term to.expire November, 1996. VOICE VOTE: Motion carried. President Bushy explained the four hotels in the Village requested a room tax for funding advenisement of their establishments. The Oak Brook Hotel, Convention and Visitors Committee was developed to design methods of promoting their hotel accommodations using funds from the room tax. The Committee consists of the four hotel general managers, one resident and the general manager of JMB Retail Properties. President Bushy commended the Committee for economizing in their advertising 1996 Budget with a savings of $63,000. She further commended Trustee McInerney, on behalf of the Committee members, for his dedicated efforts in assisting them. Motion by Trustee McInerney, seconded by Trustee Bartecki, to concur with the recommendation of President Bushy and re- appoint the following to the Oak Brook Hotel, Convention and Visitors Committee with the terms expiring February 28, 1997: Fred Euler, General Manager, Hyatt Regency Oak Brook Ralph E. Maxson, Oak Brook Resident Adrianne Beck, General Manager, The Drake Oak Brook Ron Juneman, General Manager, Stouffer Renaissance Oak Brook Hotel Mike Campa, General Manager, Marriott Oak Brook Chuck Fleming, General Manager, JMB Retail Properties VOICE VOTE: Motion carried. Motion by Trustee McInerney. seconded by Trustee Bartecki, to concur with the recommendation of President Bushy and appoint David R. Creel, immediate Past President of the Oak: Brook Area Association of Commerce car, Industry, to the Oak Brook Hotel, Convention and Visitors Committee effective March 7, 1996 to 1-111 the expired term of Sandra Groben; term expires February 28, 1997. VOICE; VOTE.;: Motion carried. VILLAGE OF OAK BROOK Minutes 1 4 of 9 February 27. 1996 EULER, M- LXSON, BECK, JUNEMAN, CAMPA, FLEMING OAK BROOK HOTEL, CONVENTION AND VISITORS COMMITTEE CREEL OAK BROOK HOTEL, CONVENTION AND VISITORS CONLMITTgE t ' 17 i B. RDINAN 6 -LC -R F -G -567 AN OR D,®jyCt~ e AAA ATTITArl" CHAP T ,R 8 OF THE 11` ' .. . V' . ORD o 96— LC —RF —G -567 CODE t�F ORO�AN� S F -1UQ RAFFLES VILLAGE. OF OAK BROOK j�Fi ATING TO RAFFLES IN THE VILLAQE OF OAK BROOK ILLINOIS" The Village Attorney prepared an ordinance that would establish a system for licensing raffles in the Village pursuant to the State Raffles Act. It is only by obtaining a local license that charitable and similar organizations can conduct raffles lawfully in Illinois. Without such a license, local charities and other organizations who qualify to hold such events under State law run the risk of prosecution under the Illinois Gambling Act. The Gambling Act prohibits the conduct of raffles except by qualified organizations possessing a license issued by a local unit of government pursuant to the Raffle Act. Oak Brook is a popular location for charity events that involve raffles, sponsored both by local organizations and others who desire to hold their events at Oak Brook venues. In order for such activity to continue, it is necessary that a local licensing ordinance be in place. Motion by Trustee McInerney, seconded by Trustee Kenny, to pass Ordinance 96- LC -RF -G -567, "An Ordinance Amending Chapter g of the Code of Ordinances of the Village of Oak Brook Relating to Raffles in the Village of Oak Brook, Illinois ", which would establish a requirement and process for issuance of licenses for the conduct of raffles, pursuant to State Law, as presented and waive the full reading thereof ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. U o e ► 1 /.. The Village Board's policy on Finance, 'Taxation and Budget outlines the following procedures for budget administration and how these variances are to be addressed: 1. That the Budget Officer, with the approval of the Village Manager, may authorize transfers of budgeted fiends between accounts or between account categories within a single budget program, VILLAOE OF OAK BROOK Minutes 3 of 9 February 27, 1996 Ik ORD.96- BU -EX1 -S -842 TRANSFERS AMONG BUDGET TINE ITEMS � A 1 2. That any transfer of budgeted funds from one budget program to another shall be approved by the Board of Trustees upon the recommendation of the Village Manager. 3. That any transfer from contingency shall be approved by the Board of Trustees upon the recommendation of the Village Manager. 4. That any mt rease in the total appropriation within any fund shall be approved by the Board of Trustees upon the recommendation of the Village Manager. During 1995, the Firefighters' Pension Fund and Debt Service Fund exceeded its budget in total. The Firefighters' Pension Fund exceeded its budget by $10,855 due to the retirement of two firefighters, whereas for budget purposes the Village only planned for one additional retirement. The i 995 Budget included the elimination of the Debt Service Fund with all remaining funds being transferred to the General Corporate Fund. Since more funds remained than the 1995 Budget anticipated, the "transfers out" line item exceeded its budget by $14,189. The ordinance amends the total budget in these two funds in order to maintain legal budgetary compliance. Motion by Trustee Bartecki, seconded by Trustee Kenny, to pass Ordinance 96 -BU -EX 1 -S -842, "Ordinance Authorizing Transfers Among Budget Line Items ", for the year ended December 31, 1995, as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. 113ftowl"t 4091114 BORSOM (YORK TAVERN) - TEXT AMENDMENT (3702 York Road) 1� The Plan Commission and "Zoning Board of Appeals have concluded their review rind hearing regarding this proposal. Both have recommended approval of the text amendment to change the discontinuance date for nonconforming business uses in residential VILLACIB OF OAK. BROOK Minutes 6 of 9 February 27, 1996 .7. F�Tp zoning distracts from July 8, 1996 to July 8, 2006. Both have included additional recommendations for Village Board consideration: 1. That efforts be made to implement the request 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 parking. 2. That the Village review the appropriateness of the Zoning Ordinance Amortization Provisions. 3. The Plan Commission recommended: That the four 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 noted the affected residents and owners of the special use establishments have been working together to resolve any private nuisances caused by their establishments. Trustee Kenny commended the Manager of the Village Gate for attempting to find solutions to Mr. and Mrs. Joseph Rush's concerns. The Village Gate is willing to voluntarily shield the vent where the smoke disturbs the Rush family. President Bushy suggested the Village Board extend the discontinuance date for nonconforming business uses in residence districts for ten years; amortize the major costs for sprinkling, fire protection and a ventilation system and consider this for separate action for a nonconforming use without an extension date. This could be reviewed by the advising Boards and then brought before the Village Board. President Bushy noted the Rush's presented a video tape to the Village Board of their smoke concerns from the Village Gate's grill ventilation system; their fence and trees; and the site lines on their property. A letter submitted by Mr. and Mrs. James Wolak, 3020 Oak Brook Road, requested the Village Board recommend the Green Meadows Kennel, located at 31 st Street and Meyers Road, a non - conforming business use in residence districts, be terminoted in 1996. VILLAGE Or OAK BROOK Minutes 7 of 9 February 27, 1996 D ! Public comments were taken at this time with the following noted: Resident, Steven Wieringa, who lives behind the Green Meadows Kennel, stated he does not hear any noises coming from the Kennel. Walter Wlodek, representing the o%%mer of the Green Meadows Kennel, commented that remarks indicated in the Wolak letter of property surrounding the kennels being unsaleable is incorrect. He stated one prcperty was overpriced, and the property along 31 st Street is unbuildable due to the narrowness of the land. Only the Wolaks have complained of noise from the kennel. Mrs. Monaco, said owner, has made every effort to be a good neighbor with the surrounding property owners. Russell Mcllwain, 3009 Grant Street, asked that the Village Gate remain, as its is used by our residents when visiting the Graue Mill facility or the Forest Preserve area. He requested the owner and affected residents resolve the private nuisances amicably. President Bushy recommended to the Village Board that the first obligation is to the applicant. York Tavern, of their request for extension of the discontinuance date for nonconforming business uses in a residenthU district. The ventilation system is not part of the questions before the Board. She requested the Village Board consider the extension as proposed and place it before the referral Boards to determine the options for these four nonconforming uses and then bring their recommendations before the Village Board. Motion by Trustee Shumate, seconded by Trustee Kenny, to cone with the recommendations of the Zoning Board of Appeals and Plan Commission and direct the Village Attorney to prepare an ordinance to amend the discontinuance date for nonconforming business uses in residence districts (Section XII(B)(8)(c) of the Zoning Ordinance) from July 8, 1996 to July 8, 2006, for consideration at the next regular meeting of the Board. Motion by Trustee Savino, seconded by Trustee Payovich, to defer consideration of the requested 'next Amendment to the Regular Meeting of March 26, 1996. VOICE VOTE: Motion curried. VILLAGE* OI� OAK BROOK Minutes r 8 0 f 9 February 27, 1996 II Public comments were taken at this time with the following noted: Resident, Steven Wieringa, who lives behind the Green Meadows Kennel, stated he does not hear any noises coming from the Kennel. Walter Wlodek, representing the o%%mer of the Green Meadows Kennel, commented that remarks indicated in the Wolak letter of property surrounding the kennels being unsaleable is incorrect. He stated one prcperty was overpriced, and the property along 31 st Street is unbuildable due to the narrowness of the land. Only the Wolaks have complained of noise from the kennel. Mrs. Monaco, said owner, has made every effort to be a good neighbor with the surrounding property owners. Russell Mcllwain, 3009 Grant Street, asked that the Village Gate remain, as its is used by our residents when visiting the Graue Mill facility or the Forest Preserve area. He requested the owner and affected residents resolve the private nuisances amicably. President Bushy recommended to the Village Board that the first obligation is to the applicant. York Tavern, of their request for extension of the discontinuance date for nonconforming business uses in a residenthU district. The ventilation system is not part of the questions before the Board. She requested the Village Board consider the extension as proposed and place it before the referral Boards to determine the options for these four nonconforming uses and then bring their recommendations before the Village Board. Motion by Trustee Shumate, seconded by Trustee Kenny, to cone with the recommendations of the Zoning Board of Appeals and Plan Commission and direct the Village Attorney to prepare an ordinance to amend the discontinuance date for nonconforming business uses in residence districts (Section XII(B)(8)(c) of the Zoning Ordinance) from July 8, 1996 to July 8, 2006, for consideration at the next regular meeting of the Board. Motion by Trustee Savino, seconded by Trustee Payovich, to defer consideration of the requested 'next Amendment to the Regular Meeting of March 26, 1996. VOICE VOTE: Motion curried. VILLAGE* OI� OAK BROOK Minutes r 8 0 f 9 February 27, 1996 11. ADJOURNMEND ADJOURNMENT Motion by Trustee McInerney, seconded by Trustee 1-kartecki, to adjourn the meeting at 8:55 p.m. VOICE VOTE: Motion carried. ATTEST: C r I lin K. (Gonnella, CMC Village Clerk bot'227 VILLAGE OF OAK BROOK Minutes 9 of 9 Febmary 27, 1996