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Minutes - 04/28/1992 - Board of TrusteesVILLAGE OF OAK BROOK Minutes April 28 lm 992 UNOFFICIAL UNTIL APPROVED BY BOARD APPROVED AS WRITTEN . ' R APPROVED WITH CORRECTIONS,, BY VILLAGE BOARD ON 1. MEETING CALL: CALL TO ORDER 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 :40 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, Krafthefer, Payovich, Shumate, Skinner and Winters. ABSENT: None. IN ATTENDANCE: Stephen Berley, Village Manager; Bruce F. Kapff, Assistant to Village Manager; Richard A. Martens, Village Attorney; Maggie Powers, Finance Officer /Treasurer; James Fleming, Chief of Police; Dale L. Durfey, Jr., Village Engineer; Robert Nielsen, Fire Chief /Building Commissioner; Michael J. Meranda, Superintendent of Public Works; Charles McAdams, Sports Core Manager; Tom Hawk, Director of Code Enforcement. 3. ANNOUNCEMENTS & _ OPEN FORUM: OPEN FORUM Village residents addressed the Board with their concerns in establishing a bike path along York Road south of 31st Street. Joan Macken, Robin Hood Ranch, requested the Village commit monies for a basic engineering fund to help process further grant applications to the State. Village Engineer Durfey pointed out that easements are needed for grant applications. Resident Macken stated she would enlist area residents to assist in obtaining affected easements. President Bushy requested Village Engineer Durfey to draft a preliminary estimate for the York Road Bike Path. The Board concurred that the York Road Bike Path discussion will be placed on the agenda at the May 12th Board meeting. President Bushy announced the Committee -of -the -Whole meeting of May 11 has been rescheduled to Thursday, May 21, 1992. VILLAGE OF OAK BROOK Minutes 1 April 28, 1992 • w 2L il - 9 I� 4. APPROVAL OF MINUTES: MINUTES Trustee Skinner moved to approve the minutes of the Regular Meeting of April 14, 1992 as presented and waive the full reading thereof. Seconded by Trustee Winters. VOICE VOTE: Motion carried. 5. CONSENT AGENDA: Trustee Skinner moved to approve the Consent Agenda. Seconded by Trustee Shumate. Roll Call Vote: Ayes: 6- Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0 -None. Absent: 0- None. Potion carried. A. RESOLUTION NO. R -559 A RESOLUTION APPROVING BEAR MANOR ASSESSMENT RES. R--559 PLAT_„ x,2803 _ & 2809 Oak Brook Road - Feldman) : Approved Omizibus BEAR MANOR Vote. ASSESSMENT PLAT (2803 & 2809 O:B. Rd.) B. P_NNEXATION AGREEMENT /ZONING (Illinois State Toll Highway ANNEXATION /ZON. Authority) REQUEST FOR CONTINUANCE TO OCTOBER_ 13, 1992: . Ac'-MT . (I STHA) Approved Omnibus Vote. C. 1992193 STATE JOINT PURCHASE �ISITION - DEICER SALT: Approved , -- 1992/93 --- -°"�'- Omnibus Vote. DE ICER SALT D. ONE DAY LIQUOR LICENSE REQUEST T--,ILLINOIS SAINT ANDREW HIGHLAND 1- -DAY LIQUOR GAMES: Approved Omnibus Vote. LICENSE --ILL. ST. ANDREW HIGt ?LAND GAMES E. CHICAGO COLLEGE OF OSTEOPATHIC MEDICINE -_.5K RUN RACE WALK: OSTEOPATHIC Approved Omnibus Vote. COLLEGE --5K RUN /RACE WALK r . PAYOUTS: PAYOUTS: 1. DuPNe Water Commission - PgXou_t #39 Fixed Costs and O &M: DWC -FIXED COSTS Approved Omnibus Vote. and O &M 2. DuP age Mayors & Managers Conference-, 1992/93 Membershlp M &M MEMBERSHIP Dues: Approved Omnibus Vote. DUES - $5,662.83 3. Lindley & Sons Inc. - Payout #3 --.Consulting Services - Old OLD OAK BROOK Oak Brook Dam,: Approved Omnibus Vote. DAM - $1,522.50 G. REFERRAL MAYSLAKE PROPER'T'Y DEVELOPMENT-- Refer to May 18, 1992 REFERRAL: Plan Comomission. Meeting and June 2, Zoning Board of A eals MAYSLAKE Meeting,: Approved Omnibus Vote. DEVELOPMENT 6. ITEMS REMOVED FROM CONSENT AGENDA: None. VILLAGE OF OAK BROOK Minutes 2 April. 28, 1992 4 4 -A9'--R OL 7. ORDINANCES AND RESOLUTIONS: A. RESOLUTION NO. R -560 A RESOLUTION ADOPTING THE BUDGET OF THE RES. R -560 VILLAGE OF OAK BROOK FOR FISCAL YEAR COMMENCING MAY ] 1992 AND 1992/93 BUDGET ENDING APRIL 30, lllYl 1993: i..wlw�plwwiliYY.IM.M��1 . i ■YI . -I P The Village must formally pass the annual Appropriation Ordinance and hold a public hearing within the first quarter of the new fiscal year to finalize the State's appropriation requirements and to complete this year's formal budgetary procedures. Village Manager Berley requested approval of the proposed (tentative) budget for 92%93 with two (2) inclusions: 1. $17,110 for the Forest Glen restoration; and 2. $15,000 for the drainage problem at 35 Windsor.' Drive. Village Manager Berley highlighted the dater Fund, Debt Service Fund, Capital Projects Fund, Motor Fuel Tax Fund, and Police and Fire Pension Funds. He suggested appropriate action should be taken in July when the sales tax revenue figures are available from the State. In conclusion, Village Manager Berley suggested if revenues do not increase and the level of expenses are not reduced, the Board investigate the process for a Home Rule comminity. Trustee Bartecki moved to pass Resolution No. R -560 with the two (2) suggested inclusions. 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. President Bushy commented in passing the proposed budget, the Board should increase the Village utility tax to balance the budget. Trustee Skinner concurred with this comment. 8. DEPARTMENTAL REPORTS - QUARTERLY REPORTS: - n�IrigY�l�. -II A. Ambulance F. Library B. Engineering Department G. Planning & Zoning C. Fire Department H. Police Department D. Inspection Bureau I. Public Works E. Legal Department J. Sports Core All Departmental Quarterly Reports were discussed and accepted. President Bushy thanked staff for their time spent on the reports. VILLAGE OF OAK BROOK Minutes Ir 3 April 280 1992 QUARTERLY REPORTS 9. UNFINISHED BUSINLSS: A. UPDATE - SCORE INTERNATIONAL - 19QI L.P.G.A. CHICAGO SHOOT--OUT SCORE INTER - GOLF TOURNAMENT REPAYMENT SCHEDTTrL NATIONAL - REPAYMENT The Board concurred to defer this item to Executive Session. SCHEDULE B. RE UEST FOR APPROVAL OF AGREEMENTS WITH THE STATE OF ILLINOIS x THE FLOOD PRONE DU PAGE COUNTY FOREST PRESERVE DISTRICT, AND THE OAK BROOK PARK PREOPERTIES- FOREST DISTRICT REGARDING PURCHASE OF FLOOD PRONE PROPERTIES - FOREST TRAIL DRIVE TRAIL DRIVE: The affected properties would be purchased by the Village through the use of State, County and Village funds, all structures would be removed and the properties would be turned over to the Oak Brook Park District for use as a park. Trustee Payovich moved to enter into an "Agreement among the Village of Oak Brook, Illinois, the Oak Brook Park District and the State of Illinois,/Department of Transportation for the Oak Brook Flood Prone Land Acquisition Project" and an "Intergovernmental Agreement (454, 459, 470 Forest Trail, Oak Brook, IL" between the Village of Oak Brook and the County of DuPage concerning the purchase of the properties at 454, 459 and 470 Forest Trail for eventual use as a ,park under the ownership of the Oak Brook Park District. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 6- Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and minters. Nays: O -Done. Absent: 0 -None. Notion carried. C. REQUEST FOR Engineering, Inc.): -29 Trustee Payovich moved to approve the "Agreement for Consultant Services between Village of Oak Brook and Civiltech Engineering, Inc., 1250 Arlington Heights Road, Suite 250, Itasca, Illiinois 60:43" for professional engineering design and construction inspection services for a water main extension on the Tri -State Tollway between 31st Street and Canterberry Lane. 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. I -294 WATERMAIN (Oak Brook Rd. to Canterberry Lane) (Civiltech Engineering, Inc.' D. REQUEST FOR APPROVAL OF PROFESSIONAL ONAL,ENGINEERING CONTRACT I- 294/22nd ST. 294/22nd STREET TOLL PLAZA WATERMAIN (Stanley. Consultants,, Inc. ):TOI,L PLAZA WATER- MAIN Discussion ensued over the possibility of changing the water (Stanley Consultants, Inc. VILLAGE OF OAK BROOK Minutes 4z 4 April 280 1992 service for Westdale Gardens, an unincorporated area, to Hillside for service rather than Oak Brook maintaining water service. President Bushy directed Village Attorney Martens and staff to investigate the possibility of selling the water service to Hillside. Trustee Winters moved to table this matter. Seconded by Trustee Payovich. VOIC.'E VOTE: Motion carried. E. JORIE BOULEVARD RECONSTRUCTION - PHASE III - FAUS - Benes JORIE BLVD. FAUS Contract: (Benes) Trustee Payovich moved to approve the "Agreement for Engineering Services - Construction Inspection - Jorie Boulevard - 31st Street to 22nd Street" with the engineering firm o-" James J. Benes & Associates, Inc. in the not -to- exceed amount of $135,000. Seconded by Trustee Shumate. Roll Call Vote: Ayes: 6- Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0 -None. Absent: 0 -None. Motion carried. F. BROOK FOREST TREE PLANTINGS: BROOK FOREST 1. Department of Conservation - Providing Funds for Trees TREE PLANTINGS 2. NIGas License Agreement The Brook Forest Homeowner's Association, as represented by Debbie Peterson, indicated that its landscape contractor will provide the labor to install the trees. The contract with the Department of Conservation has been reviewed and approved by the Village Attorney as to form. The license agreement with NIGas is still in the process of being finalized and is being brought to the Board for approval, subject to final review and approval by the Villacie Attorney. Trustee Payovich moved to authorize staff to prepare a Purchase Order in the amount of $6,710.00 for the cost of 42 evergreen type trees (5 & 6 foot height) based on a proposal from Neumann's Nursery to provide these trees with a 50% guarantee and no labor. Seconded by Trustee Krafthefer. VOICE VOTE: Motion carried. 10. NEW BUSINESS: A. RECOMMENDATION - BENNETT - REAR YARD VARIATION (31 Hickory Drive): BENNETT -REAR Application has been made requesting a variation to the Zoning (3I Hickory YARD VARIATION ON Ordinance to approve a 9 -foot encroachment into the 40 -foot required rear year to allow for the construction of a two car front load garage. The cox {.sting two car side load garage will be converted into a family room. VILLAGE OF OAK BROOK Minutes 5 April 28, 1992 Vo (a-. tooff". fitahJ ti -a-9 21.0 0 The Zoning Board of Appeals, at its meeting of April 7, 1992, recommended approval of the requested Rear Ward Variation subject to the following conditions: 1) The area of the encroachment into the rear yard shall be credited against the permitted 30% rear yard coverage allowed for accessory structures, and 2) The portion r- the structure encroaching into the rear yard shall remain a single story structure and no second story additions to it will be permitted. Trustee Skinner moved to approve the requested variation and direct the Village Attorney to draft the necessary ordinance to effectuate same. Seconded by Trustee Payovich. VOICE VOTE: Motion carried. B. RECOMMENDATION - CANTORE - FLOOD PLAIN SPECIAL USE, FLOOD PLAIN CANTORE -FPSU, VARIATION, AND ACCESSORY BUILDING HEIGHT VARIATION 4160 Forest FP VAR., ACCESS. Trail): BLDG. HEIGHT VAR. (160 Forest The Plan Commission, at its meeting of March 16, 1992, recommended Trail) approval of the variation to omit the compensatory storage. The Toning Board of Appeals, at its meeting of April 7. 1992, recommended denial of the requested Flood Plain Variation. Trustee Skinner moved to deny the requested Flood Plain Variation to omit the compensatory storage. Seconded by Trustee Payovich. Greg Kulis, legal counsel for the Cantores, requested consideration for Mr. Cantore's request. Trustees Payovich and Skinner stated any change of our compensatory ntorage code would set a precedent. Area resident, Dudek, requested for consistency in ordinances of compensatory storage for the Village. Roll Call Vote: Ayes: 5- Trustees Bartecki, Payovich, Shumate, Skinner and Winters. Nays: 1- Trustee Krafthefer. Absent: 0 -None. Motion carried. Trustee Skinner moved to approve the requested Flood Plain Special use. Seconded by Trustee Krafthefer. Roll Call Vote: Ayes: 6- Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0 -None. Absent: O -None. Motion carried. Trustee Skinner moved to approve the requested Accessory Building Height Variation. Seconded by Trustee Payovich. Roll Cali Vote: VILLAGE OF OAK BROOK Minutes 6 April 28, 1992 46 \j©s-- mor --MW - as-"g; Ayes: 6- Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0 -None. Absent: 0 -None. Motion carried. C. RECOMMENDATION MUTUAL LIFE INSURANCE ZONING ORDINANCE MUTUAL LIFE INS. AMENDMENT AND SPECIAL USE FOR CHICACOLAND TELEVISION 2000 York ZON. OR.D. AMEND. Road): & SPEC. USE (2000 York Rd.) Both the Plan Commiss! :)n, at its meeting of March 16, 1992, and the Zoning Board of Appeals, at its meeting of April 7, 1992, recommended approval of the requested Zoning ordinance Amendment and Special Use subject to the following conditions: 1) F.C.C. licensing required prior to placing the transmitter in service (note: a copy should be required to be submitted to the Village). 2) Up to three (3) microwave transmitter approved and aimed at a receiving antenna placed on the top of the Hancock building or Sears Tower in Chicago (note: we should add the requirement that any other signal transmissions via antennas shall require Special Use approval). 3) For aggregate live audiences of more than 50 people, the "studio" management shall provide for parking and traffic control with the approval of the Building Official. 4) Additional landscape screening shall be provided on the north and west sides of the antenna area (note: we should add that plans are to be submitted for approval by the Building Official). Trustee Skinner moved to direct the Village Attorney to draft the necessary documentation for a Text Amendment to add Radio and Television Stations and Production Studios to the permitted special uses in an ORA -1 Zoning District. Seconded by Trustee Payovich. VOICE VOTE: Motion carried. Trustee Skinner moved to approve the Special Use for 2000 York Road. Seconded by Trustee Krafthefer. VOICE VOTE: Motion carried. Resident Calzaretta spoke of concern over health hazard of microwave beam. Bob Jones, consulting broadcast engineer, confirmed there is no hazard to homeowners. D. 1992,193 ENVIRONMENTAL MOSQUITO-,MANAGEME,NT CONTRACT - Clarke 1992/93 MOSQUITO Outdoor Spraying: MANAGEMENT CONTRACT (Clarke) Clarke Outdoor Spraying Company, Inc. is the only area contractor providing service to perform mosquito abatement and control operations during the Spring and Summer months. VILLAGE OF OAK BROOK Minutes 7 April 28, 1992 4-C 4-�q. /1 Trustee Payovich moved to waive formal bads and accept Clarke Outdoor Spraying Company's proposal in the amount of $52,003.60 for fiscal year 1992/93 and $55,123.80 for fiscal year 1993/94 for an Environmental Mosquito Management Program (EMM) and accept Clark's Certificate of Self insurance to conform with the Village's requirement of $2,000,000 for General Liability Insurance. Seconded by Trustee Skinner. Roll Call Vote: Axes: 6- Trustees Bartecki, Krafthefer, Payovich, Shmpater Skinner and Winters. Nays: C-lone. Absent: 0 -None. Potion carried. 11. FINANCIAL: A. APPROVAL OF BILLS: APPROVAL OF BILLS Voucher List of Bills Presented for Approval April 28, 1992 to reflect payment from the following funds: General Corporate Fund $ 63,687.07 Hotel /Motel Tax Fund 4,478.98 Motor Fuel Tax Fund 8,705.61 Water Fund 178,442.00 Sports Core Fund 65,767.61 Trustee Bartecki moved to approve Voucher List of Bills in the total amount of $321,081.27 and authorize the Village President to affix her signature thereon. Seconded by Trustee Skinner. Trustee Winters abstained from voting on the bills from Illinois Bell due to employment by same. Roll Call Vote: Ayes: 6- Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0 -None. Abstain: 1- Trustee Winters as noted above. Motion carried. 12. EXECUTIVE SESSION: EXECUTIVE SESSION Trustee Bartecki moved to adjourn to Executive Session at 11:20 p.m. Seconded bl► Trustee Payovich. Roll Call Vote: Ayes: 6- Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner 'and Winters. Nays: 0 -None. Absent: 0 -None. Motion carried. 13. ADJOURNMENT: ADJOURNMENT Trustee Winters moved to adjourn the meeting at 11:40 p.m. Seconded by Trustee Shumate. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes 8 I April 28, 1992 V o mw T-0 M too .. q oa 0 ATTEST: L't6dd K; Gonnella Village Clerk btum428 'VILLAGE OF OAK BROOK Minutes 9 April 28, 1992 E,