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Minutes - 03/23/1999 - Board of Trustees2. 3. VILLAGE OF OAK BROOK Minutes MARCH 23, 1999 UNOFFICIAL UNTIL APPROVED AS WRITTEN _✓ OR AS AMENDED _ BY VILLAGE BOARD ON /3 MEETING CALL: MEETING CALL 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. ROLL CALL. ROLL CALL The Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Caleel, Kenny, McInerney and Savino. ABSENT: Trustees Bartecki and Shumate. IN ATTENDANCE: Stephen B. Veitch, 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; Trey VanDyke, Golf Club Manager; and Sean Creed, Golf Course Superintendent. ANNOUNCEMENTS & OPEN FORUM: ANNOUNCEMENTS AND Trustee Caleel announced that the Library Foundation has * received a OPEN FORUM confirmation letter from the Internal Revenue Service indicating the Foundation is a tax- exempt organization. Trustee McInerney commented that the Oak Brook Civic Association recently had a Candidates Night and, again, School District 53 scheduled their Open House that evening. He asked, if the Board concurred, that the Village communicate with School District 53 to address resolving a scheduling conflict of events. - Trustee Savino concurred with Trustee McInerney and recommended drafting a letter to the Park District, School District and other community organizations to address resolving any scheduling conflicts of community events. President Bushy suggested a letter to each organization indicating the Village's concern of meeting conflicts and if there could be a joint effort to resolve this issue. A draft letter will be given to the Board members for their approval before being sent. President Bushy noted that the Village President of Schaumburg, through the Northwest Municipal Conference, has tried to obtain a list of officers of the Commercial Club of Chicago so that the Metropolitan Area Mayors Caucus VILLAGE OF OAK BROOK Minutes 1 of 17 March 23, 1999 W could address some of their concerns of the 2020 Report, but the Club will not disclose that information. The Club asked that correspondence be sent to "Dear Sir" of the Commercial Club of Chicago's office with a note requesting that the correspondence be sent to their officers. President Bushy indicated that the American Lung Association has asked for the Village's support of HB2031 and SB896 which allows emission testing of large diesel trucks in the State of Illinois including out -of -state trucks on any of our roadways. The Clean Air Act is a major issue for the Metropolitan Mayors Caucus that will impact the major roadways in Oak Brook. Trustee Caleel commented on an article from the DOINGS last year citing firms in Willowbrook and Burr Ridge rating in the top ten polluters in the State of Illinois. We should also address firms that are polluters and what steps they have taken to correct their polluting oer air. President Bushy indicated that these Bills do not .address these types of polluters, but it could be a companion question that the Village could ask and pursue. Trustee Caleel will bring the article for the Village Board members to view. Trustee Kenny noted a Chicago* TRIBUNE article drawing the distinction between controls on emissions of automobiles but not similar controls on trucks. President Bushy suggested that these materials could be presented on the Consent Agenda of the next Village Board meeting. 4. APPROVAL OF MINUTES: Motion by Trustee McInerney, seconded by Trustee Savino, to approve the minutes of the Surrey Drive Vacation Public Hearing of March 9, 1999 as presented and waive the full reading thereof. VOICE VOTE: Motion carried. Motion by Trustee McInerney, seconded by Trustee Savino, to approve the minutes of the Regular Meeting of March 9, 1999 as presented and waive the full reading thereof. VOICE VOTE: Motion carried. President Bushy thanked Trustee McInerney for presiding as Chairman, without prior notice, at the Public Hearing and Board meeting on March 9, 1999. 5. OMNIBUS AGENDA: Motion by Trustee McInerney, seconded by Trustee Caleel, to approve the Omnibus Agenda. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Bartecki and Shumate. Motion carried. VILLAGE OF OAK BROOK Minutes 2 of 17 March 23, 1999 MINUTES A. B. C. D. E. F. G. APPROVAL OF BILLS: Approved Omnibus Vote. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MARCH 6,1999: Approved Omnibus Vote. CHANGE ORDERS: None. PAYOUTS: APPROVAL OF: BILLS - $391,187.14 PAYROLL - $325,833.70(gros PAYOUTS: 1) JAMES J. BENES & ASSOCIATES INC. - PAYOUT # 17 - 1998 1998 PAVING PAVING PROJECT - $289-94: Approved Omnibus Vote. PROJECT 2) JAMES J. BENES & ASSOCIATES INC. - PAYOUT #21 - 22ND 22ND STREET /YORK STREET/YORK ROAD CONSTRUCTION $1,717.54: ROAD CONSTRUCTIO? Approved Omnibus Vote. 3) NICHOLAS & ASSOCIATES - PAYOUT #3 - GOLF GOLF CLUBHOUSE EXPANSION - $89-829-00: Approved Omnibus EXPANSION HOUSE Vote. 4) CAROW ARCHITECTS PLANNERS - PAYOUT #1 - LIBRARY DESIGN LIBRARY DESIGN - $4.488.75: Approved Omnibus Vote. REFERRALS: None. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: 1) BANKING SERVICES: Approved Omnibus Vote. BANKING SERVICES ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREASURER'S REPOR FEBRUARY, 1999: Approved Omnibus Vote. FEBRUARY, 1999 H. ORDINANCE 99 -PL -G -628 AN ORDINANCE AMENDING oRD, 99 -PL -G -628 ARTICLE VI OF THE PERSONNEL RULES AND PERSONNEL RULES - REGULATIONS OF THE VILLAGE OF OAK BROOK (Unused Sick Leav (PERTAINING TO UNUSED SICK LEAVE UPON Upon Retirement) RETIREMENT): Approved Omnibus Vote. I• AWARD OF CONTRACT CONFIRMATION - FIRE STATION FIRE STATION TWO TWO VEHICLE EXHAUST CAPTURE SYSTEM: Approved VEHICLE EXHAUST Omnibus Vote. CAPTURE SYSTEM 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. VILLAGE OF OAK BROOK Minutes 3 of 17 March 23, 1999 7. ACTIVE AGENDA (Items For Final Action): A. APPOINTMENTS: No Business. B. ORDINANCES & RESOLUTIONS: 1) AN ORDINANCE AUTHORIZING GENERAL OBLIGATION GENERAL OBLIGATIO1 ALTERNATE BONDS: ALTERNATE BONDS At the Regular meeting of March 9, 1999, the Village Board acted to place the ordinance authorizing issuance of general obligation alternate bonds on the March 23, 1999 Active Agenda in order to keep the process moving toward a possible bond sale in the early part of May. The Village Attorney (acting as issuer's counsel) and bond counsel have not been able to consult with one another on the content of the ordinance and the Village Attorney has requested that the ordinance be tabled until ready for Board consideration. The publication of the authorizing ordinance begins the 30 -day backdoor referendum period. The time period involved from the date of ordinance adoption to actual bond sale is approximately 50 days. Village Attorney Martens indicated that the bond counsel is on vacation and will not return until early April before any communications can be held. Motion by Trustee McInerney, seconded by Trustee Caleel, to table consideration of the Ordinance Authorizing General Obligation Alternate Bonds. VOICE VOTE: Motion carried. 2) RESOLUTION 99 -AG -EX 1 -R -721 AUTHORIZING EXECUTION OF PROSECUTION OF TRAFFIC ORDINANCE VIOLATIONS: Discussed and direction given at the RegL 1999. RESOLUTION RES . 99- AG- Exi -R -7: AGREEMENT FOR AGREEMENT FOR AND MUNICIPAL PROSECUTION OF TRAFFIC & MUNICIPi ORDINANCE VIOLA- filar meeting of March 9, TIONS The resolution authorizes execution of a new agreement with Linda Pieczynski to prosecute traffic and municipal ordinance violations. The Village initially retained Ms. Pieczynski as of March 1, 1995. The arrangement was renewed, with a moderate adjustment in rates, in 1996 and again in 1997. The new agreement would run through April 30, 2001. VILLAGE OF OAK BROOK Minutes 4 of 17 March 23, 1999 The new agreement reflects an increase in the charge per. court session from $130 to $138 and an increase in the hourly rate for consultation, research and trial preparation, and any field court session exceeding three hours in length from $95 to $98. Although the amount of such service can vary widely, the Village uses an average of 2.5 to 3 hours per month. Ms. Pieczynski has been received extremely well by our police officers. In a survey of police personnel completed during the first year of her service to us, it was the unanimous opinion of the respondents that her 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. A recent survey of Village personnel confirms their high regard for her services. Financially, the results have been as anticipated when the relationship was instituted. The incremental cost of Ms. Pieczynski's services (over and above what was previously being paid to the State's Attorney's office) have been more than offset by new revenue resulting from her work. Motion by Trustee McInerney, seconded by Trustee Caleel, to pass Resolution 99 -AG -EX 1 -R -721, "Resolution Authorizing 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 affix their signatures upon the Agreement between the Village of Oak Brook and Linda S. Pieczynski, Attorney at Law. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Bartecki and Shumate. Motion carried. 3) ORDINANCE 99- LC -TA -G -629 AN ORDINANCE Off, 99_LC- Ta -c -62' AMENDING CHAPTER 8 ARTICLE II ENTITLED VEHICLES FOR HIRE "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK ILLINOIS: With concurrence of the Taxi Commissioner, the Village Clerk has requested an amendment to the Vehicles for Hire ordinance to provide for placement of the cab vehicle registration decal on the left corner of the rear window rather than the right. This change enables Village police officers to more easily verify cab registration at the designated taxi stands. VILLAGE OF OAK BROOK Minutes 5 of 17 March 23, 1999 Motion by Trustee Savino, seconded by Trustee Kenny, to pass Ordinance 99- LC -TA -G -629, "An Ordinance Amending Chapter 8, Article II Entitled, "Vehicles For Hire" Of The Code Of Ordinances Of The Village Of Oak Brook, Illinois ", amending Section 8 -42(d) of Chapter 8, as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Bartecki and Shumate. Motion carried. 4) ORDINANCE 99- AL -RR -G -630 AN ORDINANCE ORD.99- AL- RR -G -63( AMENDING CHAPTER 3 ENTITLED "ALCOHOLIC ALCOHOLIC BEVERAG) LIQUOR" OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK ILLINOIS: With the recommendation of the Liquor Commissioner, the Village Clerk has requested an amendment to the liquor ordinance which requires that the display of the Village liquor license and the two required warning signs be displayed together by the licensee at all times in a conspicuous place where they are readily visible to an inspection officer. The same requirement shall apply for any license issued by the Illinois State Liquor Control Commission. Motion by Trustee McInerney, seconded by Trustee Savino, to pass Ordinance 99- AL -RR -G -630, "An Ordinance Amending Chapter 3 Entitled, "Alcoholic Liquor" Of The Code Of Ordinances Of The Village Of Oak Brook, Illinois ", amending Section 3 -42 and Section 349, as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Bartecki and Shumate. Motion carried. C. AWARD OF CONTRACTS: 1) GOLF COURSE MAINTENANCE EQUIPMENT REPLACEMENT: Bid packages were sent to four (4) companies. Four (4) sealed bids were received on March 17, 1999. Funds in the amount of $73,000 have been budgeted in the Golf Course Maintenance Program (52- 834) for the net cost of these purchases. Staff will be retaining one (1) fairway mower (Unit D -7) as originally planned, and one (1) trap rake (Unit D -10) to be used as back -ups. VILLAGE OF OAK BROOK Minutes 6 of 17 March 23, 1999 GOLF COURSE MAINTENANCE EQUIPMENT REPLACE- MENT Motion by Trustee Caleel, seconded by Trustee Savino; to award contracts, subject to staff review, to Illinois Lawn Equipment, Inc. Orland Park, and Chicago Turf & Irrigation, Itasca, the lowest responsive bidders, for equipment as indicated in Purchasing Clerk Murphy's memorandum dated March 19, 1999, for a total award (includes trade -ins) of $66,180; and declare the existing Unit D -6 as surplus and accept the trade -in value as indicated on Purchasing Clerk Murphy's memorandum dated March 19, 1999. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Bartecki and Shumate. Motion carried. D. PURCHASE AUTHORIZATION - EMERGENCY HEAT AND EMERGENCY HEAT POWER - Y2K PREPAREDNESS: AND POWER - Y2K PREPAREDNESS Although there are those who predict serious complications from the "Millennium Bug" in the form of multiple computer crashes and long -term utility disruptions, the Oak Brook Emergency Management (EM)- Team is not forecasting such a bleak outlook for Y2K. The Team does, however, recognize that the potential for service disruption exists, and believes it prudent for the Village to be prepared for a situation somewhat more serious than a normal weather - related power outage scenario. For a municipality, Y2K planning involves not only internal systems and vendor compliance, but also emergency preparedness and disaster mitigation planning similar to what the Village practices in connection with a wide range of natural and man -made disasters. Y2K is a special case; it is a unique and unprecedented disaster risk for which municipalities everywhere are attempting to prepare. In Oak Brook, the EM Team has been working on the Y2K problem since early 1998. It did not take long to realize that electric power is at the center of gravity of the Y2K issue from a community emergency preparedness perspective; i.e., if electric service is not seriously interrupted, other critical community services will function adequately, provided that essential computerized systems are Y2K compliant. Concern over a major power interruption took center stage at a time when the Village's overall concerns about electric service were at a peak and confidence in Commonwealth Edison (as was widely reported) was at its lowest. Against that backdrop the EM Team, through the considerable efforts of Public Works Director Meranda and Fire Chief Jarvis, began to plan for the continuation of Village operations based on a 7 -day power outage scenario. Information was VILLAGE OF OAK BROOK Minutes 7 of 17 March 23, 1999 6 developed regarding the steps needed to be taken in order to fully power the .Village Hall, Public Works Building, Bath and Tennis Clubhouse (for shelter use) and two Village wells. (The fire stations and reservoirs already have standby power generation. The generator at Fire Station 1 provides power to Village Hall for essential equipment and sufficient lighting, but not for the building's electric heating system.) They learned that the costs of equipping these facilities for backup generators and procuring the generators in the current sellers market would come to well over $500,000. Over the last several months staff has gained confidence that there will not be a significant interruption in electric service. They have had a detailed briefing from Commonwealth Edison's technical people who are devoting full time to the problem, and they state with assurance that the probability of an interruption at the Y2K rollover is no greater than at any other time. On March 17, 1999 Unicorn Chairman John Rowe addressed the DuPage Mayors and Managers Conference and expressed his confidence that Commonwealth Edison and the nation's other major utilities will come through the rollover without difficulty. A brochure on Y2K very recently made available by Commonwealth Edison was attached to Village Manager Veitch's memorandum dated March 19, 1999. Nevertheless, the EM Team believes it is prudent to take certain steps to be prepared for a Y2K event of some significance and, in the case of the water utility, to enhance the Village's preparedness beyond Y2K. Specifically, staff proposes to do the following: Equip one of the Village's wells (tentatively Well No. 6 at Meyers Road) to accept backup power from temporary portable generator and transformer equipment, and secure the necessary rental equipment for the Y2K period. Estimated Cost: $91,500 to $160,000 depending on equipment rental prices. Secure several "Maxi- Heat" units on a rental basis to supply heated air to certain spaces that would be needed for emergency operation; specifically, the Emergency Operating Center, the Communications Center, portions of the Police Department, Public Works, Well No. 6, and Reservoir A (York Road). Estimated Cost: $18,000. Secure a standby supply of fuel (in addition to the existing underground tanks) and auxiliary tanks on a rental basis in order to extend the available operating period of generators at the Village Commons, Well No. 6, Reservoir A and Reservoir B (Meyers Road). Estimated Cost: $20,000. VILLAGE OF OAK BROOK Minutes 8 of 17 March 23, 1999 The well and reservoir site costs would be borne by the Water Fund (maximum $182,200), and the Village Hall and Public Works costs by the General Corporate Fund ($15,800). Funds are not specifically budgeted for these purposes, but staff anticipates no difficulty covering the actual costs from the existing 1999 appropriations within the two funds. At this time, staff is confident that the generator and transformer rental costs will be closer to the lower end of the range if the Village proceeds very quickly. Electrical contractors and equipment suppliers already have numerous businesses and municipalities seeking these same services and equipment. Availability is becoming more limited each day, and costs are rising rapidly. President Bushy acknowledged the following: that the Oak Brook Homeowner Association Presidents will be meeting March 25, 1999 to discuss Y2K; the Emergency Management Team meets twice a month to discuss this issue; and the new issue of the Village's newsletter addresses Y2K preparedness. It recaps what the Village is doing and suggests what homeowners can do for themselves and their home computers. Additional information will be given to the Village employees, direct mailings and asking the news media for notifying the public of this issue. President Bushy asked the Village Board to consider additional costs of a temporary heater for the Bath and Tennis Club as a warming center or receiving center for residents. Also, to give food service to our emergency operating personnel. This was not part of the memorandum, but it would be nice to offer this facility to our residents and staff. Village Manager Veitch noted that a range of estimated costs are from $37,000 to $58,000 to actually power the Clubhouse with temporary generator equipment. Like Well No. 6, the bulk of the money is to secure the generator equipment. The electrical work will remain, but the generator equipment is temporary. Trustee Kenny acknowledged that the Village would want to have adequate facilities for our Public Works, Fire and Police department personnel but questioned whether residents would seek shelter at our facility. He suggested the Village needs to research this carefully to determine spending the additional amount of funds for the Bath and Tennis Club. President Bushy commented since staff needs to be here to work, the Village would want to keep them here to be fed so they could go back to duty as soon as possible. VILLAGE OF OAK BROOK Minutes 9 of 17 March 23, 1999 Trustee Caleel asked with such high rental fees would it be more effective to spend a little more funds for permanent installation of this equipment. Public Works Director Meranda indicated the cost of purchase for equipment at Well No. 6 is $350,000 as compared to only $4,000 for rental of the equipment. The vendors want a commitment of a four -month rental due to the high demand of this type of equipment. Village Manager Veitch explained that the main service pumps at Reservoirs A and B have backup generators, but the Village wishes to supply additional fuel supply. If the Village does not receive water from the DuPage Water Commission, this will be the Village's source of additional water. There are eight million gallons of water in our two (2) underground storage tanks. Public Works Director Meranda indicated the Village could service water to the residents for two (2) days with the two (2) reservoirs. With the additional well in service, the Village could service the residents water for six and one half (6 1/2) days depending if consumption is the same. If a power outage occurs, the commercial sector of our Village would not be in operation, then the Village could service water to our residents approximately thirteen to fourteen (13 -14) days. Motion by Trustee Caleel, seconded by Trustee McInerney, to waive competitive bidding and authorize staff to procure certain products and services for potential emergency needs relating to Y2K preparedness in a total amount not to exceed $198,000 (General Corporate Fund - $15,800; Water Fund - $182,200). The Board members discussed the use of the Bath and Tennis Club for emergency operating personnel and residents. Staff will investigate the cost of providing power to the Clubhouse and provide this information for further review by the Village Board. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Bartecki and Shumate. Motion carried. 8. DEPARTMENTAL REPORTS: No Business. VILLAGE OF OAK BROOK Minutes 10 of 17 March 23, 1999 1 Z4� 9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): A. RECOMMENDATION - VILLAGE OF OAK BROOK - SPORTS VILLAGE OF OAK CORE/WESTCHESTER PARK SUBDIVISION - MAP BROOK- SPORTS CORF AMENDMENT AND PRELIMINARY AND FINAL PLAT: WESTCHESTER PARK SUBDIVISION -MAP The "Westchester Park" area is located at the northwest corner of AMENDMENT AND York and Oak Brook Roads in the east central section of the Village- PRELIMINARY AND FINAL PLAT The Westchester Park Subdivision was platted in 1925 and consisted of 126 lots, ranging in size from 2,500 to 7,100 square feet, arranged in four (4) city blocks served by a system of local streets and alleys. The total area of the original subdivision was approximately 17.5 acres. The Village's holdings in the subdivision, amounting to about 7.7 acres, were purchased from the Butler Company at the same time and as a part of the same transaction as the larger tract now commonly known as the Sports Core. The deed contains restrictions requiring that the voters, through a referendum, authorize the sale of any real estate conveyed in the deed. The Westchester Park property was included in the Sports Core purchase with the intent of beginning a further land acquisition program that would eventually see the entire Westchester Park Subdivision incorporated into the Sports Core. That plan soon proved financially unrealistic and the Village and several residential property owners joined together in the early 1980's to consolidate their respective holdings into larger lots (the Westchester Park Resubdivision). The Village's lots, which had been zoned for residential use since annexation in 1962, were rezoned to CR Conservation/Recreation in 1984. In the years that followed, there was 'significant new residential investment in the neighborhood. In 1995, the Village began to seriously consider divesting some of its holdings in Westchester Park in order to improve public facilities in the Sports Core. In late 1995, the concept of selling property first appeared in the Village's Five - Year Financial Plan. In October of 1996, the Village retained consulting engineers to begin to address the possibilities from a technical standpoint. Also in 1996, after several years of discussion, the Village finally agreed to sell a small portion of former alley right - of -way (not subject to the deed restriction) to Stephen and Lisa Becker, 3025 Lincoln Road. The Becker Resubdivision of Lots 7 and 8 of the Westchester Park Resubdivision was recorded, and the sale of 1,300 square feet of property completed, in 1997. VILLAGE OF OAK BROOK Minutes 11 of 17 March 23, 1999 `z In March of 1997, an open meeting was held with Westchester Park residents to review and discuss preliminary subdivision ideas for other Village -owned property in the neighborhood. Based on the results of that meeting, the number of proposed lots was reduced from seven (7) to three (3), the size of the individual lots increased, and the concept of retaining open space along Oak Brook Road was proposed. After the concept was revised, owners of property adjacent to Village property were given a prolonged opportunity to consider purchasing Village property in order to increase the size of their own lots. Ultimately, owners of two (2) properties indicated potential interest: Those properties are located at 3020 Coolidge and 3025 Lincoln. After having an opportunity to consider the appraised value of the additional property, only Mr. and Mrs. Becker, 3025 Lincoln, elected to participate in the project. They are co- petitioners with the Village in the subject petition insofar as the subdivision is concerned. The Plan Commission reviewed the subdivision concept plan in September of 1998, and forwarded a generally favorable comment accompanied by several questions and concerns. On November 3, 1998 the voters authorized the Village to sell not more than 3 acres of vacant real estate in the Westchester Park area. The current petition involves rezoning from CR to R -3 of approximately 2.86 acres proposed to be sold, and further subdivision of Becker's Resubdivision into five (5) lots: Three (3) new single family residential lots, the CR zoned open space (to be retained), and a larger lot at 3025 Lincoln (the Becker property). A prominent feature of the overall plan is the retention of a wide band of open space around the perimeter of the Westchester Park area, along Oak Brook Road (31 st Street) and along York Road. The petition for map amendment seeks rezoning from CR Conservation/Recreation to R -3 Single Family Detached Residence for lots 1, 2 and 3 of the proposed subdivision plus a small amount of additional property to be added to the existing 3025 Lincoln Road to create lot 5 of the proposed subdivision. Lot 4 of the proposed subdivision, which is the largest lot in the subdivision at approximately 1.2 acres, is proposed to retain its CR zoning and remain open space. VILLAGE OF OAK BROOK Minutes 12 of 17 March 23, 1999 If the requested rezoning is ultimately approved, over 30 percent of the original Westchester Park Subdivision, net of street right -of -way, will remain as open space. All of the property proposed to be rezoned was previously zoned for residential use from the time of its annexation to the Village in 1962 until 1984. Section 8.3 of the Rules of Procedure of the Oak Brook Plan Commission provides that the Commission shall consider certain factors in its consideration of requests for zoning amendment. The Village's assertions relative to the Section 8.3 factors (the so- called "LaSalle Factors "), and suggested findings pertaining to same, are as follows: (a) The character of the neighborhood. (b)The extent to which property values are diminished by the . particular zoning restrictions. (c)The extent to which the removal of the existing limitations would depreciate the value of other property in the area. (d)The suitability of the property for zoned purposes. (e) The existing uses and zoning of nearby property. (f) The length of time "under the existing zoning that the property has remained unimproved considered in the context of land development. (g)The relative gain to the public as compared to the hardship imposed on the individual property owner. (h)The extent to which the proposal promotes the health, safety, morals or general welfare of the public. (i) The relationship of the proposed use to the Comprehensive Plan. (j) The community need for the use proposed by the property owner. The Sports Core/Westchester Park Subdivision (a subdivision of Becker's Resubdivision of Lots 7 and 8 of the Westchester Park Resubdivision) consists of a total of five (5) lots occupying a total of approximately 4.25 acres. Lot sizes are as follows: Lot 1 New SF lot Lot 2 New SF lot Lot 3 New SF lot Lot 4 Open Space/ Detention VILLAGE OF OAK BROOK Minutes 41,537 square feet 0.954 acres 38,700 square feet 0.888 acres 40,691 square feet 0.934 acres - 51,043 square feet 1.172 acres 13 of 17 March 23, 1999 Lot 5 Existing SF lot 13,316 square feet 0.306 acres All of the new residential lots meet or exceed lot width and area requirements in the R -3 District. Lot 5 was previously granted lot width and area variations. The addition of both lot area and width through this new subdivision will reduce the nonconformity of this property (3025 Lincoln Road). Existing public improvements include semi - improved rural section roadways (Lincoln Road and Coolidge Street), sanitary sewer (Hinsdale Sanitary District), potable water (Village of Oak, Brook) and street signs. Electric and telecommunications utilities are generally located over head. Pursuant to the Subdivision Regulations, it will be necessary to relocate and bury over head utilities and install a rear yard storm drainage system terminating at a shallow dry-bottom stormwater detention area on Lot 4. (Lot 4 is to be encumbered by a detention and conservation easement.) Pursuant to Section 3(A)(3) of the Subdivision Regulations, waiver of the requirement for curb and gutter is requested, such improvements being inconsistent with the semi -rural character of the existing neighborhood. Similar waivers were apparently granted in the past in connection with the Westchester Park Resubdivision and Becker's Resubdivision. Pursuant to Section 3(E) of the Subdivision Regulations, waiver of the requirement for sidewalks is requested. There are no sidewalks in the Westchester Park neighborhood. In 1997 the Village, at the request of adjacent property owners, removed isolated segments of deteriorated sidewalk dating to the original Westchester Park Subdivision. Pursuant to Section 3(F) of the Subdivision Regulations, waiver of the requirement for street lighting is requested. There are no streetlights within the Westchester Park neighborhood. There is a single Commonwealth Edison -owned intersection light at Oak Brook Road and Coolidge Street. In summary, the Village of Oak Brook seeks rezoning and subdivision of a small portion of property acquired in 1977 with the Oak Brook Sports Core, but detached from the Sports Core and never used for recreational purposes, in order to enhance the facilities VILLAGE OF OAK BROOK Minutes 14 of 17 March 23, 1999 0 available for public use and enjoyment on the Sports Core proper. The 2.86 acres for which rezoning is requested were zoned for residential use from 1962 to 1984. This rezoning will simply square off the residentially zoned portion of, the Westchester Park neighborhood. The proposed subdivision will enhance the overall quality and value of the Westchester Park residential neighborhood and provide resources to accomplish needed improvements at the Oak Brook Sports Core. The Plan Commission, at its meeting of February 15, 1999, by a vote of 6 to 1, passed a motion recommending approval of the Map Amendment (CR to R -3) and the Plat approval. The dissenting member felt that a larger number of lots would be more economically beneficial to the Village. The Zoning Board of Appeals, at its meeting of March 2, 1999, by a vote of 5 to 0, passed a motion recommending approval of the Map Amendment rezoning the subject property from CR Conservation/Recreation to R -3 Single - Family Detached Residence District. President Bushy acknowledged that Trustee McInerney has to excuse himself from the meeting due to his attendance at a School District event. Trustee McInerney exited the meeting at 8:22 p.m. Motion by Trustee Savino, seconded by Trustee Kenny, to direct the Village Attorney to draft the necessary ordinance and resolution for final consideration at the Regular meeting of April 13, 1999. President Bushy acknowledged that the property to be sold, 2.86 acres, was approved by the Village residents in a public referendum. VOICE VOTE: Motion carried. B. RECOMMENDATION-- OAK BROOK PARK DISTRICT - VARIATION - WAIVE REQUIREMENT FOR CURBING: Roy Cripe, Executive Director of the Oak Brook Park District, representing the applicant, was in attendance at the meeting. The Park District is requesting a Variation to waive the requirement for curbing along a portion of the service drive that circles the Family Recreation Center. This driveway is required to provide emergency vehicle access to the building perimeter and for limited deliveries of supplies. VILLAGE OF OAK BROOK Minutes 115� 15 of 17 March 23, 1999 OAK BROOK PARK DISTRICT- VARIATIOP WAIVE REQUIREMENT FOR CURBING The requirement for curbing dates back to the adoption of Ordinance G -141 in 1972. Since that time, the Village has consistently required such curbing for all non single - family residential properties. Much of the existing Central Park paving does not have curbing. As far as can be determine, these areas are either legal existing nonconforming or built at a time when the Zoning Ordinance did not apply to Park District facilities. All recent Park District improvements have included curbing. Based on Director of Community Development Hawk's review, the following elements are significant and should be included in the Board's consideration: 1) The subject service driveway is primarily being placed to provide emergency access to the perimeter of the building. Secondarily, the driveway will be used for infrequent delivery of pool chemicals and other needs of the facility. These delivery needs could have been accomplished with much less paving. 2) The estimated $60,000 cost is substantial in light of the limited use anticipated. 3) Due to separation distances and topography, it does not appear that there are any erosion control risks for adjacent properties. 4) Curbing along driveways has the positive effect of keeping vehicular traffic from wandering off of the pavement. Inspection of the uncurbed areas in Central Park indicates that this has occurred and landscaped areas have been damaged. 5) With respect to stormwater management requirements, these can be handled effectively either way, with or without curbing. 6) Granting of this request may be considered precedent setting in that the circumstances may not be unusual enough to establish a unique circumstance or hardship. The Zoning Board of Appeals, on March 2, 1999, held the required public hearing for the Park District's request and passed a motion, by a vote of 5 to 0, recommending approval and including a condition that signage be placed indicating that the driveway is for service use VILLAGE OF OAK BROOK Minutes 16 of 17 March 23, 1999 e only and, in the event that actual experience indicates the need, gates or some other approved barrier will be installed to discourage use by the general public. Motion by Trustee Savino, seconded by Trustee Caleel, to direct the Village Attorney to draft the necessary ordinance for final consideration at the Regular meeting of April 13, 1999. President Bushy asked that staff review the ten -foot (10') slope on the west side of the road and if there is a need for a guard rail. Village Engineer Durfey indicated that the item does not meet guard rail warrants, but he will review this further. VOICE VOTE: Motion carried. 10. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: Village Manager Veitch announced that the Committee -of -the -Whole meeting COMMITTEE -OF -THE for Monday, April 12, 1999 was scheduled to discuss the Chicago Metropolis WHOLE 2020 Report. Due to some Village Board members having a conflict with that CANCEL 4 -12 -99 date and that the Village received a notice of a program scheduled for April 19, SPECIAL 4 -26 -99 1999 sponsored by the Urban Land Institute and the Metropolitan Planning Council that would be discussing the 2020 Report; he asked if the Village Board members would consider rescheduling the Committee -of- the -Whole f meeting to Monday, April 26, 1999. The Board concurred to hold a special Committee -of- the -Whole meeting on Monday, April 26, 1999. 11. ADJOURNMENT: ADJOURNMENT Motion by Trustee Caleel, seconded by Trustee Kenny, to adjourn the meeting at 8:33 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella, CMC /AAE Village Clerk bot032399 VILLAGE OF OAK BROOK Minutes 17 of 17 March 23, 1999 Z6-